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Why Didn’t Biden Release the Epstein Files?
The issue is not simply political — it’s rooted in
law, confidentiality, and the independence of the Justice Department. Despite public perception, a U.S. president does not have unilateral authority to declassify or release evidence from criminal cases, especially when such material includes grand jury testimony or victim information protected by federal privacy statutes.
Here are the primary reasons the Biden administration did not release the Epstein files:
1. Federal Grand Jury Secrecy Laws
Under
Rule 6(e) of the Federal Rules of Criminal Procedure, grand jury information cannot be made public unless a federal judge authorizes its release. This means all testimony, transcripts, and exhibits from grand jury proceedings related to Epstein are legally sealed — and not even the President can order their disclosure without a court order.
Violating grand jury secrecy laws can result in criminal penalties for prosecutors or officials involved. This legal protection exists to safeguard witnesses, ongoing investigations, and the integrity of the justice system.
2. Victim Protection and Privacy Laws
Epstein’s crimes involved minors and young women whose identities are protected under federal victim privacy laws, including the
Crime Victims’ Rights Act (CVRA). Releasing unredacted documents could expose those survivors to public scrutiny, harassment, or retraumatization.
In multiple statements, the DOJ emphasized that
protecting victim confidentiality was a top priority. Many victims gave statements under assurances that their names and personal details would never become public. Revealing the full files could legally and ethically violate those agreements.
3. Ongoing Civil and Criminal Proceedings
Even though Epstein died in August 2019, litigation involving his associates, his estate, and institutions tied to him continues today. Civil suits against financial firms, such as JPMorgan Chase and Deutsche Bank, remained active during Biden’s presidency, and those cases referenced sealed documents from Epstein’s investigations.
Releasing those materials prematurely could have interfered with active proceedings. In 2023, for example, the U.S. Virgin Islands settled with JPMorgan Chase for
$105 million, alleging that the bank enabled Epstein’s trafficking operations. The DOJ argued that public release during litigation could have compromised due process.
4. Independence of the Department of Justice
Since his campaign in 2020, Joe Biden repeatedly promised that his administration would
not interfere with DOJ investigations — a sharp contrast to the politicization of the department seen in previous administrations.
That promise meant that Attorney General Merrick Garland had full autonomy over decisions involving sensitive cases, including Epstein’s. The DOJ determined that most Epstein files could not be disclosed under current law, citing the ongoing need to protect uncharged individuals, witnesses, and victims.
The White House therefore did not intervene or direct any release, leaving the decision entirely within the DOJ’s jurisdiction.
5. Legal Limitation on Presidential Power
Contrary to popular belief, the President cannot simply declassify or release evidence gathered during federal criminal investigations. These are governed by separate branches of government — the judiciary and the Justice Department.
Even if Biden had publicly requested their release, the courts would still have to approve. The files are not “classified” in the national security sense — they are
sealed legal evidence, which falls under judicial authority, not executive control.
Find out why Biden didn’t release the Epstein files, the legal limits behind the decision, and what remains sealed within the U.S. justice system.
legalunitedstates.com