https://www.nytimes.com/2026/02/23/opinion/epstein-files-justice-department.html
The Epstein Files Should Never Have Been Released
By Daniel Richman, a former federal prosecutor.
https://archive.is/O1smI
Every day seems to bring new reports of financiers, academics, politicians and royalty (among others) who cozied up to Jeffrey Epstein, a convicted sex offender whose predation took a horrendous toll on innocent lives. With accountability for people in power in short supply, it can be hard to see a downside in the huge dump of documents relating to Mr. Epstein and his various associates.
But we should recognize the release of millions of pages of the Epstein files as both a sign of institutional failure and a cause for concern. If our justice system were working properly, the public would never have such access.
In the not-too-distant past, most people probably would have at least grudgingly accepted a regime in which prosecutors and law-enforcement agents sorted through materials from a sprawling investigation and made public only those portions needed to properly handle a case. The additional information that might interest us, and perhaps even help improve society, would remain secret. Federal prosecutors could generally be trusted to focus on their narrow criminal enforcement mission and to not abuse the tools given them for that limited purpose. No longer.
Calls for the Epstein files’ release predate the Trump administration. But they are now online and searchable because too many Americans didn’t trust the Justice Department’s leadership with control of them. In the past, departmental leaders could limit suspicions about their motives by conspicuously leaving a matter such as this to career subordinates, rather than political appointees. Seen by so many as having fired or driven out prosecutors and agents who refused to become tools of President Trump’s will, Attorney General Pam Bondi lacked credibility. She couldn’t get away with asking the public to rely on the apolitical and independent judgment of those who remained. The eventual result was the Epstein Files Transparency Act.
The release of the files is also cause for concern because so much of the raw investigative material in them — untold layers of hearsay, unverified accusations and vague circumstantial connections — ought not be released for the public to pick over.
We don’t know the degree to which the Justice Department has appropriately or inappropriately withheld or redacted documents. We do know that any effort to protect victims was woefully inadequate, as explicit photos and identifying information of many women, and possibly girls, have been found in the files. The government’s obligation not to revictimize people ought to be one of its highest priorities. Here, it failed.