Wave of Unsealing Orders Across Multiple Federal Courts
Judge Berman’s ruling followed a similar one a day earlier by U.S. District Judge Paul A. Engelmayer, who oversees the criminal proceedings against Epstein’s longtime associate Ghislaine Maxwell. Both judges agreed that Congress clearly intended to make the evidence public.
The move also echoes a Dec. 5 order by U.S. District Judge Rodney Smith in the Southern District of Florida, who concluded that the new statute overrides Federal Rule of Criminal Procedure 6, which normally bars disclosure of grand jury materials.
A Reversal From Earlier Denials
Judge Berman previously rejected the DOJ’s request to unseal transcripts, ruling that the government had failed to show sufficient cause and had not warned victims before filing. But that changed when the DOJ submitted a fresh motion on Nov. 24, just after Congress “nearly unanimously passed” the transparency measure.
The department argued that the law explicitly references the Epstein investigation and leaves “no question” Congress was aware that the probe included grand jury work.
The statute, the DOJ said, demonstrates Congress’s intent to override traditional secrecy protections and mandate public access.
Judge Berman agreed, writing that the requirement to disclose “all unclassified records, documents, communications, and investigative materials” is “crystal clear” and must be read in its ordinary, common-sense meaning.
