Democrats invoke rare federal law to force release of Epstein files. Here’s how it works

WASHINGTON — Senate Democrats invoked an obscure and rarely used law on Wednesday, compelling the Department of Justice to release all files related to its investigation into convicted sex offender Jeffrey Epstein.

Senate Minority Leader Chuck Schumer, D-N.Y., announced the maneuver on Wednesday, marking the latest escalation in the Epstein saga that has plagued Republicans on Capitol Hill and, at times, thwarted President Donald Trump’s agenda.

The federal law allows Democrats to formally request that the DOJ turn over all materials related to the Epstein investigation for congressional review as Democrats accuse the Trump administration of blocking public access.

“The public has a right to know who enabled, knew of or participated in one of the most heinous sex trafficking operations in history,” Schumer told reporters on Wednesday. “This is not complicated. After promising full transparency for years, every single time Trump, his administration, and Republican leaders have had a chance to be transparent about the Epstein files, they’ve chosen to hide.”

“The evasions, the delays, the excuses — they are not just odd,” he added. “They’re alarming.”

A group of Democrats on the Senate Homeland Security and Governmental Affairs Committee invoked what is known as the “Rule of Five,” compelling the DOJ to release the “full and complete Epstein files.”

However, Democrats could still face challenges with forcing the actual release of the files, with party leaders saying they would prepare for litigation if needed.

What is the Rule of Five?

The Rule of Five, formally known as Section 2954, was first enacted in 1928, establishing a right for lawmakers to access information from the executive branch and utilize its oversight powers.

However, the procedure is easier said than done.

The law earned its moniker because it only requires five senators on the Homeland Security Committee to submit a request for information — in this case, all of the investigative materials related to the DOJ inquiry into Epstein and whether any celebrities or politicians conspired with the disgraced financier.

The letter submitted on Wednesday covers all documents, files, evidence and other materials related to the Epstein investigation, but would allow for redacted information to shield “the private information of any victims,” according to Schumer.

The request would also include recent interviews with Ghislaine Maxwell, the convicted co-conspirator of Epstein, that were conducted with the DOJ just last week.

The letter would compel Bondi to hand over the files by Aug. 15 and brief senators by Aug. 29.

Can the DOJ be forced to release the files?

While the Rule of Five grants senators the opportunity to compel the release of information, it remains to be seen whether the DOJ will actually comply — possibly setting the stage for legal challenges.

“Today’s letter matters. It’s not a stunt, it’s not symbolic,” Schumer said. “It’s a formal exercise of congressional power under federal law, and we expect an answer.”

The procedure has been used in recent years, most recently in 2017 when Democrats tried to force the release of documents related to the Old Post Office building in Washington, D.C., that later became the site of a Trump hotel.

Years before that, Democrats sought documents related to the 2000 census under then-President George W. Bush.

But disagreements over the use of the law end up in court, potentially slowing down Democratic efforts to release the Epstein files.

Democrats squeeze Republicans on Epstein

Even if the materials are not released, the formal request underscores a larger strategy by Democratic lawmakers to pressure their GOP counterparts on the Epstein saga.

After the DOJ announced earlier this month that it had found no client list related to Epstein or any evidence that he “blackmailed prominent individuals as part of his actions,” there’s been public outcry among some in Trump’s base to release the files for public review.

Republican lawmakers have also split on the issue, with some members breaking from GOP leadership to force the release of the DOJ investigation files while Trump dismisses the news cycle as a distraction.

Democrats have taken advantage of the Republican infighting, using every moment they can to force GOP lawmakers into uncomfortable votes and accusing the majority party of walking back promises of transparency.

“This letter demands that the Justice Department produce documents that Attorney General Pam Bondi and FBI Director Kash Patel have publicly already confirmed they have in their possession,” said Sen. Gary Peters, ranking member of the Senate Homeland Security Committee. “It should be pretty easy to turn over documents that are sitting on the attorney general’s desk. It’s certainly disappointing that we have to take this action to hold President Trump to his word, but we believe that providing this transparency is what is best for the American people.”

It’s not yet clear whether the DOJ or the Trump administration will seek legal measures to block the release of any documents. However, Schumer told reporters on Wednesday they have advised with lawyers, expressing confidence “this can be challenged in the courts.”