Phang v. Blanche
Case Overview
Journalist and attorney Katie Phang sued Acting Attorney General Todd Blanche for the DOJ's failure to comply with the Epstein Files Transparency Act (Public Law 119-38), which Congress passed nearly unanimously and President Trump signed on November 19, 2025. The Act set a mandatory 30-day deadline (December 19, 2025) for DOJ to release all unclassified records related to Jeffrey Epstein and Ghislaine Maxwell. DOJ missed the deadline, released only a fraction of required files, and made improper redactions including withholding records referencing President Trump and exposing Epstein victims' identifying information. Phang brings four counts: two APA violations (contrary to law; arbitrary and capricious), an ultra vires claim, and a declaratory judgment request.
Judge Emmet Sullivan entered a preliminary injunction and gave DOJ until July 2 to release unredacted emails and additional FBI interview records.
Judge Sullivan issued a short order that did not address the government's procedural arguments at all. Invoking the court's inherent authority to review sensitive materials in camera, citing Jibril v. Mayorkas, 101 F.4th 857, 866 (D.C. Cir. 2024), he ordered DOJ to submit to him by 3:00 p.m. on July 30, 2026 unredacted copies of ten specific Bates-numbered records, together with documentation supporting the government's representation that the redacted names are those of victims and of law enforcement personnel. He denied Phang's request to be present for the review.
Legal Issues
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The Facts
The Epstein Files Transparency Act (Pub. L. 119-38) was enacted November 19, 2025, requiring DOJ to release all unclassified records connected to Jeffrey Epstein within 30 days (deadline: December 19, 2025). DOJ released only 3,965 files by the deadline and continued rolling releases through January 30, 2026, far short of full compliance. DOJ made redactions without Federal Register justification as required by the statute, withheld at least 36 documents mentioning President Trump, redacted names in email exchanges regarding a "torture video," and improperly disclosed Epstein victims' personal identifying information in other releases. Katie Phang, a Yale-educated attorney and independent journalist, filed suit on April 27, 2026.
The Application
DOJ missed the December 19, 2025 deadline, produced incomplete records, redacted materials without statutory authority including those referencing the president, and disclosed victim information in violation of the Act's privacy protections. Each deviation from the Act's mandatory terms.
The Conclusion
Active before Judge Emmet Sullivan in D.D.C. Sullivan granted a preliminary injunction and ordered DOJ by July 2, 2026, to release unredacted emails and additional FBI interview files. A Senate confirmation hearing for Blanche is scheduled for July 15, 2026.
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