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Judge denies lawmakers' request for 'independent monitor' to oversee Epstein files release


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Documents that were included in the U.S. Department of Justice release of the Jeffrey Epstein files are photographed Friday, Jan. 2, 2026. (AP Photo/Jon Elswick)

A federal judge on Wednesday denied a request by Reps. Thomas Massie, R-Ky. and Ro Khanna, D-Calif., to appoint an "independent monitor" to make sure the Justice Department is properly releasing Jeffrey Epstein–related records under a new transparency law.

Judge Paul A. Engelmayer wrote in a 7-page opinion that his supervision of the criminal case against Epstein's associate, Ghislaine Maxwell, doesn't grant him the authority to oversee whether the DOJ meets its legal obligation to release the files. He also said Massie and Khanna have no standing, or legal right, to insinuate themselves into Maxwell’s case.

However, Engelmayer noted the lawmakers "raise legitimate concerns about whether DOJ is faithfully complying with federal law" and releasing the more than 2 million documents required by the Epstein Files Transparency Act signed into law by President Donald Trump.

The judge added that he has received letters and emails from Epstein abuse survivors in support of the lawmakers' request for the appointment of a neutral observer.

Engelmayer detailed that survivors wrote that the department has been “paying ‘lip service’ to the victims” and “failing to treat us ‘with the solicitude’ we deserve."

Massie and Khanna complained that the DOJ missed the Dec. 19 deadline set by Congress to disclose the files and that the department improperly redacted certain information.

Engelmayer made clear that members of Congress or other lawmakers can file a separate lawsuit to challenge the DOJ's handling of the Epstein records, but they just can't use the Maxwell criminal case to do it.

The ruling leaves room for the DOJ to argue that courts have not found it noncompliant and narrows how transparency can be pursued.

"We appreciate Judge Engelmayer’s timely response and attention to our request, and we respect his decision," Khanna said in a statement. "He said that we raised ‘legitimate concerns’ about whether DOJ is complying with the law. We will continue to use every legal option to ensure the files are released and the survivors see justice."

Just before Christmas, the DOJ said it had hundreds of lawyers reviewing "over a million more documents potentially related" to the case to determine what needs to be redacted, or blacked out, to protect the identities of sex abuse victims. So far, only about 12,000 documents have been made public.

Maxwell is currently serving 20 years in prison for sex trafficking and other charges and recently petitioned the federal court for her release, claiming it should be thrown out because she wasn’t prosecuted fairly.

House Oversight Committee Chairman James Comer announced on Wednesday that Maxwell will sit for a deposition on Feb. 9.

Disgraced financier Epstein died in prison in 2019 as he was waiting for a trial on sex trafficking charges of minors and conspiracy to commit sex trafficking. His death was ruled a suicide.

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Editor's note: The Associated Press contributed to this article.