More Epstein Files Likely Ready Soon, DOJ Says in FOIA Challenge

A Justice Department attorney said a “substantial release” of documents related to disgraced financier Jeffrey Epstein “is likely to happen in the near term” during federal appeals court oral arguments Wednesday over a media outlet’s Freedom of Information Act request for the files.

The release of the files under the Epstein Files Transparency Act could make Radar Online’s FOIA request moot, so the US Court of Appeals for the Second Circuit should send the case back to the trial court to await the release, Allison Rovner, an assistant US attorney in the Southern District of New York, said. After that, the parties “can see what documents have been released,” she said.

Rovner’s remarks are some of the first from the DOJ about where they are in the process of combing through Epstein documents in light of the Trump administration’s legally mandated disclosure, though she gave no details on what would be disclosed or when. The department said in a court filingon Tuesday it is making “substantial progress” and would complete the process in the “near term.”

The arguments on Wednesday stem from a 2017 FOIA request from Radar seeking documents relating to the FBI’s investigation and prosecution of Epstein. Radar, which received a sliver of the documents under the request, has long argued the administration is violating the federal disclosure law by withholding the files.

The Second Circuit panel appeared inclined to send the case back to a Manhattan federal district court to see how disclosures under the Epstein Act overlap with the FOIA request rather than order their release under the latter law.

One judge noted it might not be any quicker to wait for a Second Circuit decision on what, if any, further documents require FOIA disclosure. Another said the Epstein Act requires the administration to release more than what is required under the more general federal disclosure law.

Radar attorney Daniel Novack asked the Second Circuit to rule without waiting for the release under the Epstein Act.

“The near term — your guess is as good as mine as to what that means,” he said.

Maxwell Trial Odds

Judge Steven Menashi was skeptical about the department’s earlier arguments that some files should be withheld under FOIA to avoid interfering with a potential new prosecution of Epstein associate Ghislaine Maxwell if her petition to toss her conviction is granted.

“I have Ghislaine Maxwell’s pro se habeas petition,” Menashi said. “I mean, would you agree it’s probably not a reasonable expectation that this is going to result in a new trial?”

“Absolutely,” Novack said.

“What do you think the odds are that there’s going to be a new trial of Ghislaine Maxwell?” Menashi asked the government.

“I can’t predict that,” Rovner said.

Rovner gave no indication whether her office is working on any new cases related to Epstein, which Novack called “the elephant in the room here.”

The DOJ last year announced it would launch an investigation into Epstein’s ties to former President Bill Clinton, JPMorgan Chase & Co., and others, at the public urging of President Donald Trump.

Novack argued the Second Circuit should tell the DOJ that it can’t use such an investigation to block release of the documents under Radar’s FOIA request, but the judges didn’t indicate whether they would do so.

Judges Raymond J. Lohier, Jr. and Denny Chin were also on the panel.

An incorrect AI summary previously at the top of this story was removed.

The case is Radar Online LLC v. Fed. Bureau of Investigation, 2d Cir., No. 24-1964, oral argument 1/28/26.