The Briefing with Jen Psaki

Episode: DOJ risks criminal prosecution for defying Epstein documents release law: Weissmann
Date: December 20, 2025
Host: Jen Psaki
Guests: Andrew Weissmann (former FBI General Counsel), Julie K. Brown (Miami Herald investigative reporter), Sky & Amanda Roberts (relatives of survivor Virginia Giuffre), Jason Leopold (Bloomberg FOIA specialist), Nicholas Confessore (NYT investigative reporter)

Episode Overview

This episode centers on the Justice Department’s (DOJ) failure to fully comply with a new law mandating the release of the Jeffrey Epstein case files. Despite a clear legal deadline, the DOJ released only a small and heavily redacted portion of the documents, prompting criticism and warnings of possible criminal liability. Jen Psaki examines what was released, what it means for survivors and ongoing investigations, and the broader implications for transparency and accountability. She is joined by leading journalists, legal experts, and representatives of survivors to discuss these developments.

Key Discussion Points & Insights

1. DOJ’s Partial and Heavily Redacted Document Release

• Background: A law passed universally by Congress (except one representative) and signed by President Trump required the DOJ to release all Epstein files by midnight, with only narrow exceptions (e.g., survivor identities, national security).
• Compliance Failure: DOJ released “hundreds of thousands of pages,” but only ~10% were new or substantive, according to House Oversight Committee’s Rep. Robert Garcia. Most pages were old or previously public.
  • “By the Justice Department's own admission, the batch of materials they made public today are just a fraction of what they were supposed to release under the law.” (Psaki, 00:54)
• Redactions: Vast swaths of the release are fully redacted—sometimes 100 pages in a row. The files included a few sensational items: a handwritten note referencing “a female for him”, a photo of books about erotic servitude, and Maria Farmer’s 1996 FBI complaint about child pornography—never public before.

2. Government Spin and Deflection

• DOJ claimed a “historic commitment to transparency” (Deputy AG Todd Blanche), an assertion widely treated with skepticism on the show.
  • “Todd Blanchett claims, without a hint of irony, ... 'the Justice Department’s commitment to transparency and compliance with the law has been historic.' Okay, I don’t know about that.” (Psaki, 08:40)
• Notably, the release included many photos of former President Bill Clinton with Epstein, skewing the focus toward Clinton even as Trump remains a central figure in Epstein’s network.

3. Expert & Journalist Analysis

Andrew Weissmann (Former FBI General Counsel)

• Law was Clearly Violated:
  • “The first thing that we know is that the law was violated. I mean, it’s just black and white…they didn’t comply with it.” (09:00)
  • The DOJ’s “death by a thousand cuts” approach is inconsistent with both the letter and spirit of the law.
• Possible Legal Consequences:
  • Members of Congress have tools to force compliance, including hearings, threat of impeachment, or even criminal referrals for intentional defiance of the law.
    • “If you violate a congressional statute that says do something by X date, and you don’t do it and it’s intentional… That is potential criminal liability.” (13:20)
• Size of the Withheld Files:
  • “The Department of Justice issued a memo saying there’s nothing to see here in the 300 gigabytes… I think I would take issue with the 'we've now disclosed 10%.'” (09:35)

Julie K. Brown (Miami Herald Investigative Reporter)

• DOJ’s Tactic: Withholding or Recycling Old Material
  • Many of the released files had already been public for years.
  • DOJ appears to “throw out these documents all jumbled up so that… people won’t figure out that they’re really kind of pulling a switch here.” (11:11)
• Survivors and Attorneys Know What’s Missing:
  • The government may count on public ignorance, but many survivors and their legal teams know precisely what’s still being withheld.
• User-Unfriendly Release:
  • “It’s just not designed to be user friendly and maybe that is on purpose.” (15:23)
  • Files are hard to search and mainly unlabeled photos.

4. Survivors and the Human Impact

Sky & Amanda Roberts (relatives of Virginia Giuffre, late survivor)

• Mixed Feelings:
  • Pride in the courage and perseverance of survivors, but intense frustration at DOJ’s stonewalling and gaslighting.
    • “You’re reading [the files] now… and saying, oh my God, like, these women fought so hard for this. … But we’re also not feeling this, like, joy either. … It’s disappointing.” (20:28, Sky Roberts)
• Resolve for Accountability:
  • Turning disappointment into activism:
    • “This is a law now...and now we get to hold them accountable. … We are going to hold them accountable and that is the truth.” (22:57, Amanda Roberts)
• Maria Farmer’s Vindication:
  • “It’s just in a day that I think was very disappointing, it’s felt like an element of justice for Maria Farmer, which is so powerful.” (26:11, Psaki)
• Call for Real Systemic Justice:
  • Survivors aren’t just seeking exposure but institutional change in how such crimes are handled and prevented.
    • “The justice needs to come in a form of real change, judicial change, systematic change. Like, this is a global issue at this point. And we won’t stop. We won’t stop.” (27:15, Sky Roberts)

5. Investigative Journalism Tactics and Challenges

Jason Leopold (Bloomberg)

• Background on the Redaction Process:
  • Earlier in 2025, FBI agents worked overtime at huge taxpayer expense to review Epstein files, spurred by Trump’s AG and FBI director. Much of the effort included redacting the name “Donald Trump.” (31:16)
• Overlap and Gaps:
  • Released materials mainly come from criminal court cases—not the “core” government investigative files (e.g., FBI 302 interview summaries).
  • “Much of it comes from the various criminal cases that had been ongoing…What we don’t see are the records related to the government’s own investigation.” (34:04)
• Skepticism of DOJ’s Excuses:
  • DOJ claims to need more time to review files, but had previously completed the work.
  • Lack of transparency: No markings to indicate reasons for most redactions (unlike the Mueller report’s more transparent process).
  • “There was not any disclosure today about what was redacted and for what reason…Here today, we don’t really get to see what has been…what are you redacting this under?” (36:28)

6. Trump, Epstein, and the Web of Influence

Nicholas Confessore (NYT, co-author of investigative Trump-Epstein piece)

• The Real Trump-Epstein Connection:
  • Contrary to denials, they were “close friends.”
    • “The main takeaway is they were friends and they were close friends. … Their hobby wasn’t golf, it was chasing women.” (41:02)
  • Epstein was attracted to Trump’s celebrity access and nightlife but doubted his business skills.
    • “Epstein…thought that Trump was not that good at business, but he was also attracted to Trump’s access to a higher realm of nightlife and celebrity.” (42:25)
• Questionable Transparency & Selectivity:
  • Noted the “huge amount of redaction of photos” except for Bill Clinton’s face.
    • “The one face that is not redacted often is Bill Clinton’s, which I think goes to some effort to try to shift the focus away from the relationship between Trump and Epstein.” (43:02)
• The Unheard Voices:
  • There are untold stories from survivors still too afraid to come forward.
    • “I think we have simply not heard the stories that are out there about Jeffrey Epstein and what he was up to.” (43:55)

Notable Quotes

“The first thing that we know is that the law was violated. I mean, it’s just black and white... they didn’t comply with it.”
—Andrew Weissmann (09:00)

“They're really kind of pulling a switch here with saying we’re being transparent, when in fact they're only digging up old material and kind of tossing it in a bowl and throwing it online.”
—Julie K. Brown (11:11)

“There is a sense of pride ... because the survivors deserve that... But we’re also not feeling this, like, joy either. It’s kind of disappointing to see that our Department of Justice is trying to continue to gaslight us.”
—Sky Roberts (20:38)

"Now we get to hold them accountable. Now we know what should be in there... and we are going to hold them accountable."
—Amanda Roberts (22:57)

“We know now, based on these emails... that the FBI had reviewed all these records. They spent a couple of months going through all the records, redacting them… then it was sent over to DOJ. … Those records had already been reviewed.”
—Jason Leopold (34:04)

“[Trump and Epstein's] hobby wasn’t golf, it was chasing women… There is a huge amount of redaction of photos in these files. And the one face that is not redacted often is Bill Clinton’s, which ... goes to some effort to try to shift the focus away from the relationship between Trump and Epstein.”
—Nicholas Confessore (41:02, 43:02)

Timestamps for Key Segments

• [00:54 – 08:40] — Jen Psaki lays out the context for the DOJ’s release, legislative background, and initial analysis.
• [09:00 – 10:45] — Andrew Weissmann on the clear violation of the law, the scale of withheld material, and possible legal consequences.
• [11:11 – 12:26] — Julie K. Brown on DOJ’s tactics, survivors’ knowledge, and public obfuscation.
• [13:20 – 14:34] — Weissmann on congressional recourse and potential criminal prosecution.
• [15:23 – 16:07] — Brown on the technical and practical barriers to file access.
• [20:28 – 22:01] — Sky Roberts on mixed feelings about the release and continued government gaslighting.
• [22:57 – 24:18] — Amanda Roberts on survivors’ frustration, newfound resolve, and the future of accountability.
• [26:11 – 29:11] — Maria Farmer’s vindication, dramatic survivor statements, and calls for real systemic justice.
• [31:16 – 38:54] — Jason Leopold on FOIA battles, the March review sprint, gaps and overlaps in released data, and lack of redaction transparency.
• [41:02 – 44:20] — Nicholas Confessore on the Trump-Epstein relationship, selective document releases, and the need for more survivor voices.

Conclusion

Psaki wraps up the episode by emphasizing the continued push for transparency, survivor empowerment, and real accountability—both for those in power who covered up Epstein’s crimes and for government institutions that failed to act. Despite setbacks and institutional resistance, survivors and their advocates are poised to use the law and public pressure to fight for full disclosure and justice.

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