Senate Democrats Invoke Rare 1928 Law to Force Release of Epstein Documents

WASHINGTON – In a significant escalation of a years-long battle for transparency, Senate Democratic leaders have invoked a nearly century-old law to formally compel the Department of Justice to release all documents related to the federal investigation of disgraced financier Jeffrey Epstein.
In a letter sent Wednesday to Attorney General Merrick Garland, Senate Majority Leader Chuck Schumer (D-N.Y.) and Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) triggered a 1928 statute that grants specific congressional committees the power to demand information from the executive branch. The move bypasses the typical oversight request process and places a legal obligation on the DOJ to respond.
The demand covers all evidence and materials connected to Epstein’s controversial 2008 non-prosecution agreement in Florida, as well as the federal investigation into his death by suicide in a Manhattan jail cell in 2019.
A Powerful and Seldom-Used Tool
The lawmakers are utilizing Section 2954 of Title 5 of the U.S. Code, a provision that has been rarely used since its enactment. The law states that the head of an executive department, upon request from the Senate Judiciary Committee or the House Committee on Oversight and Accountability, must submit any requested information or papers. If the department head refuses, the request must be submitted to the full committee for consideration.
This procedural maneuver is designed to break what Democrats describe as a pattern of stonewalling from the DOJ under both the Trump and Biden administrations.
"Today's letter matters," Schumer stated at a press conference on Wednesday. "It's not a stunt, it's not symbolic. It's a formal exercise of congressional power under federal law." The directness of the statute effectively forces the Attorney General's hand, requiring either compliance or a formal refusal that would trigger a full committee review.
Years of Bipartisan Frustration
The push for answers surrounding the Epstein case has been a source of bipartisan frustration on Capitol Hill for years. Epstein, a convicted sex offender, was accused of operating a vast sex trafficking ring involving underage girls. His 2008 deal with federal prosecutors in Florida, which granted him and his alleged co-conspirators immunity, has been widely condemned as excessively lenient.
Following Epstein's 2019 arrest on new federal sex trafficking charges and his subsequent death in custody at the Metropolitan Correctional Center, questions have swirled about potential security failures and whether powerful individuals were protected from prosecution.
Both Democrats and Republicans, including ranking Judiciary Committee member Senator Lindsey Graham (R-S.C.), have repeatedly sought documents from the DOJ to understand the circumstances of the 2008 deal and the security lapses that led to Epstein's death. Lawmakers argue that the department's responses have been inadequate, often citing ongoing investigations as a reason to withhold information.
"The American people deserve to know the full truth about the crimes of Jeffrey Epstein and the failures of the justice system that allowed him to evade accountability for so long," Durbin said in a statement. "After years of our requests for this information going unanswered, we are exercising our statutory authority to get it."
What Happens Next
The letter places the decision squarely with Attorney General Garland. The Department of Justice has historically been reluctant to share materials from open investigations, citing the need to protect the integrity of its work and the privacy of individuals involved. However, the 1928 law presents a more formidable challenge than a standard oversight request.
The DOJ has not yet publicly responded to the letter. A refusal to provide the documents would likely intensify the political conflict between Congress and the executive branch, potentially leading to further legislative action. The requested materials could shed light on critical unanswered questions, including why the 2008 agreement was approved and whether protocols were followed at the federal detention center where Epstein died.
This latest move ensures that the Jeffrey Epstein saga, with its dark questions of influence, power, and justice, remains a pressing issue for the federal government.