The Unsealed Truth: 5 Key Reasons Why Biden Didn't Unilaterally Release The Jeffrey Epstein 'Files'

The question of why President Joe Biden did not unilaterally release the Jeffrey Epstein "files" has fueled intense speculation and political controversy, becoming a major point of contention across social media and news outlets. The answer, as of December 15, 2025, lies not in a simple executive decision, but in a complex web of legal jurisdiction, court secrecy rules, and legislative action that dictates who controls the documents and when they can be made public. The perception that a sitting President holds a master switch to instantly declassify and publish every document related to the convicted sex offender is fundamentally flawed, ignoring the separation of powers and the distinct nature of the various records involved.

The vast majority of the "Epstein files" that have captured public attention are not federal agency records but sealed documents from a civil defamation lawsuit, placing them under the direct control of the federal judiciary, not the White House or the Department of Justice (DOJ). Understanding this distinction is crucial to debunking the political narratives surrounding the delayed release and illuminating the true legal path to unsealing these explosive records.

The Legal and Political Entities Governing the Epstein Files

The documents related to Jeffrey Epstein are not a single, unified "file" but a collection of records held by different branches of government. The key individuals and entities involved in the legal and political battle over their release include:

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• Jeffrey Epstein: The central figure, a convicted sex offender whose network and documents are the subject of the controversy.
• Ghislaine Maxwell: Epstein's former associate, whose 2015 civil defamation lawsuit with Virginia Giuffre generated the bulk of the recently unsealed documents.
• President Joe Biden: The head of the Executive Branch, often criticized for the DOJ’s perceived lack of action in releasing the files.
• Donald Trump: The former President who signed the Epstein Files Transparency Act into law, compelling the DOJ to release certain records to Congress.
• The Federal Judiciary (Courts): The branch that held direct control over the sealed documents from the civil lawsuit.
• The Department of Justice (DOJ): The executive agency responsible for federal criminal investigations (FBI, federal prosecutors) and the entity compelled by the Transparency Act.
• Virginia Giuffre: The primary accuser in the defamation lawsuit against Ghislaine Maxwell, whose case led to the unsealing of hundreds of names and testimonies.
• U.S. Congress: The legislative body that passed the Transparency Act, asserting oversight over the DOJ's records.
• Rep. Jasmine Crockett (D-TX): A Democratic representative who publicly explained the legal limitations on the President’s power to release court-sealed documents.
• JPMorgan Chase: A financial institution scrutinized for its relationship with Epstein, with related documents being released through separate Senate investigations.

The Critical Distinction: Court Control vs. Executive Control

The primary reason the Biden administration did not "release the Epstein files" is that the most anticipated documents were never under the President's control in the first place. This is the single most important piece of context often missing from the public debate.

1. The Files Were Under Judicial Control

The hundreds of pages of documents unsealed in January 2024, which contained the names of dozens of alleged associates, were not from a criminal investigation. They were exhibits and testimonies from a 2015 civil defamation lawsuit filed by Virginia Giuffre against Ghislaine Maxwell. These documents were sealed by a federal judge. The President of the United States, as the head of the Executive Branch, does not have the authority to override a federal court's order to seal or unseal documents. That power rests solely with the judiciary.

2. The DOJ’s Authority is Limited by Grand Jury Secrecy

While the DOJ does hold records from the *criminal* investigation into Epstein, these files are subject to strict rules of confidentiality. Specifically, federal law mandates the secrecy of grand jury proceedings. Grand jury transcripts and records are protected to encourage witnesses to speak freely, prevent the flight of suspects, and protect the innocent. The Executive Branch cannot simply declassify and release these documents. Unsealing grand jury records requires a separate, specific court order, which a judge recently approved, leading to a potential release in late 2025.

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The Political and Legislative Landscape

The failure to distinguish between court records and executive records created a political vacuum, which both sides of the aisle exploited. The narrative that President Biden or the Democrats were deliberately hiding the files gained traction, despite the legal realities.

3. The Epstein Files Transparency Act

The political pressure ultimately led to legislative action. In a move that shifted the responsibility, former President Donald Trump signed the "Epstein Files Transparency Act" into law. This act compelled the Department of Justice (DOJ) to release certain documents related to the Epstein investigation to Congress. This was a significant step, but it still did not grant the President the power to publicly release the court-sealed civil documents. The Act focused on the DOJ’s internal records and communications with Congress, not the judicial records that contained the famous "list" of names.

4. Concerns Over Privacy and Due Process

The courts, when considering the unsealing of the civil documents, had to balance the public's right to know against the privacy and due process rights of individuals mentioned. Many people cited in the files were not accused of wrongdoing; they were simply mentioned by witnesses, employees, or even the victims themselves. A "wholesale" release of all documents, as some demanded, could expose innocent parties to defamation and public scrutiny without any formal charges or legal recourse. This legal obligation to redact or protect the identities of victims and non-accused parties further complicated and slowed the release process, regardless of who was in the White House.

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5. The Nature of the Executive Power

While a President can declassify certain executive branch documents (like intelligence reports or internal memos), the President cannot simply order the FBI or DOJ to violate a court's sealing order or ignore grand jury secrecy rules. The separation of powers in the U.S. government means the Executive Branch cannot dictate the operations of the Judicial Branch. Attempts to do so would create a constitutional crisis. In the case of the Epstein files, the most sensational documents were sealed by a judge, and the Biden administration had no legal mechanism to bypass that order. This is why Democratic figures like Rep. Jasmine Crockett were quick to point out that the power to unseal the documents was not held by the President but by the judge in the civil case.

What Happens Next: Future Releases and Continuing Investigations

Although the most significant batch of names from the civil lawsuit has been released, the story is far from over. Multiple avenues of investigation and document release continue:

• Grand Jury Records: The court-approved release of grand jury transcripts from the 2019 criminal case is anticipated to occur in late 2025, offering a new wave of information.
• Congressional Oversight: The DOJ continues to provide documents to Congress as mandated by the Transparency Act, which could lead to further legislative action or public disclosures.
• Related Investigations: Senate investigations, such as those led by Senator Ron Wyden, continue to release analyses detailing how institutions like JPMorgan Chase allegedly enabled Epstein’s sex trafficking operation, ensuring that the financial and institutional aspects of the case remain in the public eye.

The complex legal framework surrounding the Jeffrey Epstein documents ensures that the release is a slow, methodical, and court-driven process, not a swift political decree. The reason President Biden did not "release the files" is rooted in the constitutional separation of powers, where the judiciary, not the executive, holds the keys to the most sensitive records.