Former Federal Prosecutor: DOJ Had Authority to Release All Epstein Documents

The Department of Justice could release all Epstein documents if properly resourced, according to former prosecutor Sarah Krissoff, who criticized the agency’s limited initial disclosure that has sparked bipartisan outrage.

“The Department of Justice has all the resources in the world, right? I mean if they wanted to put 1,000 lawyers on this to review the documents and get them ready for the production, they could have,” said Krissoff, who served as an assistant U.S. attorney in the Southern District of New York for nearly 14 years. “And they don’t appear to have done that.”

The DOJ’s first batch of heavily redacted files, released last Friday, failed to satisfy lawmakers who claim the disclosure falls short of requirements outlined in the Epstein Files Transparency Act. The legislation, passed by Congress and signed by President Donald Trump on November 19, gave the Justice Department 30 days to make public its documentation on Jeffrey Epstein, with limited exceptions to protect victims’ identities.

Congressman Suhas Subramanyam (D-Va.), a member of the House Oversight Committee, voiced his frustration with the initial release, telling CNN, “They are hiding a lot of documents that would be very helpful in our investigation.”

The unusual nature of this document release presents challenges that differ from typical legal disclosures, according to Krissoff. Normal redaction processes usually involve careful negotiations between prosecution and defense teams, sometimes debating individual sentences or even specific words. In this case, however, it remains unclear who at the DOJ was responsible for reviewing and redacting the Epstein documents.

“This situation is a little different because it’s unclear who is still working on this from the original case team. And so, the question is: who at the Department of Justice reviewed these in connection with the redactions here?” Krissoff explained.

The public interest in Epstein’s case extends far beyond a conventional prosecution. Epstein died in 2019 while in custody on suspicion of sex-trafficking minors. His death, ruled a suicide, prematurely ended his prosecution and left lingering questions about whether he facilitated illegal sexual encounters for his extensive social network of powerful individuals.

Photos released by the DOJ last week showed Epstein with various high-profile figures, including former President Bill Clinton and other celebrities, though these images lack context and do not implicate those pictured in any wrongdoing.

Krissoff expressed concern about the precedent of forcing disclosure based solely on public interest. Case files typically contain information about individuals who have not been charged with crimes, and releasing such information could unfairly implicate uninvolved parties.

“The case file often implicates many other people that are not charged in the crimes,” she noted. “You don’t want to impugn those other people who have not been charged by releasing information showing their involvement.”

The controversy surrounding the Epstein files highlights tensions between transparency demands and investigative integrity. While Congress and the public seek answers about Epstein’s network and activities, law enforcement agencies typically maintain strict protocols about information disclosure, especially regarding uncharged individuals.

The Epstein Files Transparency Act represents an unusual legislative intervention into the disclosure process, requiring the DOJ to make documents public primarily because of congressional and public interest, rather than through established legal channels.

The Justice Department has stated it will continue to release Epstein-related documents on a rolling basis, though it has not announced a timeline for future disclosures. The agency did not immediately respond to requests for comment on criticisms of its handling of the file release.

As the documents continue to be made public, they will likely fuel ongoing debates about who knew what regarding Epstein’s alleged crimes, how his case was handled by law enforcement, and whether powerful figures connected to him received preferential treatment. The intersection of high-profile individuals, serious criminal allegations, and questions about institutional accountability ensures this story will remain in the spotlight as more information emerges.