In the Epstein Files Transparency Act (H.R. 4405), the small-print language in Section 2(c)(1)(C) allows the Department of Justice (DOJ) to withhold or redact “segregable portions of records … that would jeopardize an active federal investigation or ongoing prosecution, provided that such withholding is narrowly tailored and temporary.” On its face this sounds reasonable, but in practice it gives the DOJ the ability to declare many documents “ongoing investigation” materials and thereby delay or avoid disclosure—even if the broader investigative posture is dormant, tangential or long past its active phase. Because the bill does not define strict deadlines or require the DOJ to demonstrate why the “ongoing investigation” exception remains valid in each case, the phrase becomes a flexible escape hatch for non-release.

Additionally, while the Act mandates public availability of all unclassified records within 30 days of enactment (Section 2(a)), the exception language appears to give the Attorney General the power to claim that large swaths of documents remain subject to an active or future proceeding, thereby deferring release indefinitely. Advocacy analyses note this creates a “loophole” enabling executive branch discretion to deny transparency despite the bill’s intent.


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