Trump Gives Himself an Enormous Out on the Epstein Files

Epstein Politics Shift on the Hill

President Trump’s absurd effort to avoid an appearance of defeat by suddenly backing today’s expected House vote to force the Justice Department to turn over the Epstein files — that Trump already has the power to release — has changed the political calculus on the Hill, especially on the Senate side.

Not only has Trump’s move made it acceptable for GOP House members to vote yes to releasing the files, but new reporting makes it look likely that Senate Republicans will no longer bottle up the legislation to protect Trump.

“Now a growing number of GOP senators are open to giving the bill a vote,” Politico reports, “and some are wondering whether it might simply be sent to Trump’s desk by unanimous consent.”

Punchbowl has similar reporting: “Many Senate Republicans now believe the bill will ultimately pass. The question is how — and whether senators will be forced to take a roll-call vote.”

Trump himself even declared yesterday that he would sign the measure if it came to his desk. Believe him at your own risk.

But here’s the thing: Even if Trump is forced to sign it to keep up the appearance of having dodged a stinging defeat, there’s no reason to think the Justice Department will release anything damaging about Trump.

In the short term, no enforcing mechanism exists that would incentivize Justice Department officials or the Trump White House to abide by Congress’ demand. The Trump DOJ certainly won’t prosecute anyone for defying Congress. It’s not clear that the GOP-controlled Congress itself could enforce its demand, either legally or politically. Practically, there’s no real way for Congress to know if the Trump administration buries damaging documents or files.

Trump and the White House also seem to be leaving themselves a pretty big out. In his social media post suddenly declaring he didn’t care if the House Oversight Committee got the Epstein files, Trump caveated it by saying they “can have whatever they are legally entitled to.”

“Legally entitled to” is doing a lot of work there. The Trump White House and his DOJ will make that determination and can use it to throw a broad protective blanket over any evidence damaging to Trump.

That language was echoed to Politico by an unnamed White House official: “This idea that the federal government is in possession of documents that they can legally hand over with respect to Jeffrey Epstein, and we’re keeping them from the public is a fallacy, like, it’s not true.”

Oversight Committee Chair James Comer (R-KY) is defending the White House using similar language: “the Department of Justice has turned over what they’re legally allowed to turn over.”

All of which suggests managing expectations in this lawless new world where accountability and enforcement mechanisms have been removed. No need to throw one’s hands up and surrender, but the Epstein files scandal isn’t likely to have the denouement we’ve become conditioned to expect, not so long as the Justice Department is sidelined and Republicans control both ends of Pennsylvania Avenue.

Quote of the Day

There’s no small amount of schadenfreude in watching the Trump White House, hoisted on the petard of its own conspiracy-mongering, fretting that even releasing all the Epstein files won’t quiet the mob it whipped up:

“Are people ever going to be satisfied? No, because people in this country genuinely believe that the federal government is in possession of a list of pedophiles who work with Jeffrey Epstein. And that is just not true.”–unnamed White House official

I Sense a Trend Here …

  • TPM’s Josh Marshall: Trump Has the Look of the Weak Horse; People Are Acting Accordingly
  • WaPo: Trump faces a splintering GOP — and rare dissent from his party
  • Politico: 7 signs Trump is losing his groove
  • WSJ: Trump’s Grip on Republicans Shows First Signs of Slipping
  • Michelle Goldberg: The MAGA Crackup Might Finally Be Here

Trump Uses DOJ for Epstein Damage Control

The NYT, on the 217 minutes between President Trump’s demand on Friday that the Justice Department investigate Democrats for the connections to Jeffrey Epstein and Attorney General Pam Bondi’s public acquiescence:

Ms. Bondi’s statement was an unmistakable demonstration of Mr. Trump’s near-total success in subordinating the Justice Department’s post-Watergate independence to his will. Friday was a milestone of sorts. The department was deployed, in effect, as an arm of the president’s rapid-response operation to help him muscle through a damaging news cycle, current and former officials said.

The Retribution: Jim Comey Edition

The prosecution of James Comey took multiple torpedoes below the waterline yesterday when a magistrate judge found an extraordinary number of examples of potential misconduct by investigators and prosecutors both in the current case against Comey and in a adjacent but different investigation during the Trump I presidency.

At issue was whether Comey should have access to the grand jury recordings and transcripts in his case. Comey completely prevailed in reaching the high bar he had to clear when the the magistrate judge found 11 independent bases for Comey to have access to the grand jury material.

Comey predicated his ask for the materials mostly on what he asserted were potential violations of attorney-client privilege, but the judge found startling incidents of alleged errors by interim U.S. Attorney Lindsey Halligan, the insurance lawyer who previously represented Trump personally and had no prosecutorial experience when she was installed as a dutiful loyalist after Trump ousted her predecessor for not seeking charges against Comey.

I have the full rundown on the judge’s remarkable ruling here.

Only the Best People

Miami U.S. Attorney Jason Reding Quiñones — who is spearheading the most sweeping of the Trump “investigate the investigators” retribution schemes — got such poor marks back when was an entry-level prosecutor in the same office that when he was nominated for the top spot in March, two of his former supervisors “quickly resigned, fearful that their new boss would push them out,” the WaPo reports.

… Crickets …

Georgetown law professor Steve Vladeck revisits Deputy Attorney General Todd Blanche’s “war on judges” speech to the Federalist Society Earlier this month:

Not only is this rhetoric and conduct unbecoming of anyone in the employ of the Department of Justice, let alone its top two officials, but it will surely lead to an increase in both (1) the very real threats that these lower-court judges are already facing; and (2) eroding public faith, at least among those who take Bondi and Blanche seriously, in the lower federal courts. It would be one thing if there were any substance to their charges, but there isn’t. And yet, you’d be hard-pressed to find any conservative groups, right-of-center law professors, or other right-wing commentators publicly criticizing these remarks or the broader attacks on lower federal courts emanating from this administration. I don’t say this lightly, but that is to their profound (and growing) discredit.

The Corruption: NEH Edition

What remains of the National Endowment for the Humanities — after the Trump layoffs, firings, and grant cancellations — is being used to funnel monies to handpicked recipients, many of whom have ties to conservative or religious institutions, the NYT reports.

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Inside the GOP’s Assault on Youth Voting Rights 

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. 

The accelerating efforts by the Trump administration and its allies to unwind the achievements of the Civil Rights Movement have the hallmarks of a new Redemption, the counter-revolution that stripped African-Americans of the civil and political rights they had gained in the Civil War and Reconstruction which ushered in nearly a century of Jim Crow.

Nowhere is this more marked than in the area of voting rights. Just as the myth of the war’s “noble cause” legitimated the end of Black representation in Congress and the systematic disenfranchisement of Black men, the myth of a “stolen” 2020 election is used to justify “election integrity” efforts that are stripping Americans, particularly vulnerable populations, of their essential democratic rights.

The ongoing targeting of voting rights, including the potential evisceration of the Voting Rights Act, limits on mail-in ballots, and the imposition of radical mid-decade racial and partisan gerrymandering, has also included an assault on youth voting rights, a lesser known outcome of the Second Reconstruction.

Continue reading “Inside the GOP’s Assault on Youth Voting Rights “

The Original Department of War Decimated Native Americans and Segregated the Military. Why Does Trump Want to Go Back?

Since the September day when President Donald Trump symbolically renamed the Department of Defense as the Department of War, the U.S. military has conducted at least 21 strikes on Venezuelan boats, killing 83 people allegedly suspected of drug trafficking. Defense Secretary Pete Hegseth convened an unprecedented and widely mocked pep rally of military generals and flag officers during which he pledged his commitment to the “warrior ethos.” And Hegseth has continued to fire or demote military generals and admirals, purging at least two dozen of them during his tenure, the New York Times reported.

Continue reading “The Original Department of War Decimated Native Americans and Segregated the Military. Why Does Trump Want to Go Back?”

Site Access Issues

UPDATE: The wider issue seems resolved, and we’ve restored member services.

Original post: An internet-wide Cloudflare issue has made access to TPM a bit shaky this morning. While the wider issue is being resolved and to ensure you can access TPM, we’ve disabled member services temporarily. Don’t be alarmed if you can’t sign in to TPM; you should still be able to read TPM. We’ll restore member services as soon as the underlying issue, which is outside of our control, is resolved.

Massie Revels in Trump’s Epstein Floundering

Trump Is Buying Time

As my colleague David Kurtz articulated well in today’s edition of Morning Memo, the mainstream media has rushed to declare that President Trump has reversed or flipped on releasing all the documents that the Justice Department has on its investigation into convicted sex offender Jeffrey Epstein.

Continue reading “Massie Revels in Trump’s Epstein Floundering”

Did Trump’s Epstein Switcheroo Send Marjorie Greene on Her Wild Arc?

I try not to share ideas or theories that I suspect, by the odds, are not likely true. But sometimes I’m curious enough about one that I want to share it with that proviso. Here’s one. Like almost everyone else, I’ve being trying to make sense of Marjorie Taylor Greene’s recent arc. Mostly I’ve come up totally dry. I can’t make sense of it. I’ve seen various theories, that she’s making a long play for the future leadership of the post-Trump MAGA movement or other cunning and ambition-driven theories. But none of them really explain what I’ve seen.

Here’s an idea.

Continue reading “Did Trump’s Epstein Switcheroo Send Marjorie Greene on Her Wild Arc?”

Trump Has the Look of the Weak Horse; People Are Acting Accordingly

One of my instrument panel watchwords for understanding politics is that all power is unitary. In the case of presidents, you don’t have one bundle of power in one area and a siloed, distinct and unaffected bundle in another. A president’s power is a uniform commodity wherever he reaches. What boosts it or drags it down in one area affects it everywhere else. That’s the best way to understand President Trump’s position 10 months into his second term. It’s hard to know whether it was the five-week government shutdown which focused public attention on draconian cuts to health care, the election night shellacking, the first signs of MAGA diehards defecting from the president, the grotesque and absurd Epstein cat-and-mouse game or a dozen other comparable examples. What makes it both hard to pick apart the different drivers of a president’s decline and perilous for the president himself is that the different drivers feed on themselves. They become both cause and effect in a mounting spiral.

Continue reading “Trump Has the Look of the Weak Horse; People Are Acting Accordingly”

Trump Threatens Primaries Against Indiana GOPers Who Won’t Cave on Gerrymandering

Reacting to yet another obstacle in his path to redraw congressional district maps to help Republicans flip Democratic seats in as many states as possible before the midterms, President Trump slammed Indiana Republicans on Sunday for not bending the knee. 

Continue reading “Trump Threatens Primaries Against Indiana GOPers Who Won’t Cave on Gerrymandering”

Trump’s New Sham: The House Should Vote to Force Me to Release the Epstein Files That I Won’t Release

LOL Wut?

Poised to lose a House vote this week calling for the Justice Department to release its Jeffrey Epstein files, President Trump snookered a good chunk of political media by declaring in a social media post last evening that the House should vote to release the files.

Knowing he’s going to lose the vote — and knowing that the vote itself won’t be enough to pry the files loose unless the Senate agrees and he doesn’t veto it — Trump tried to redefine the setback by withdrawing his opposition to the vote, but not actually releasing the Epstein files.

But who in the world would be fooled by this?

The whole reason the House is voting is because the Trump DOJ — run out of the White House — won’t cough up the files. That is to say: Trump won’t release the files.

It’s not an about-face or a reversal. It’s a sham.

But It Gets Worse … It Always Gets Worse

Trump’s inane new position — that he wants House Republicans to vote to demand that he release the Epstein files that he refuses to release — comes after the president on Friday ordered the Justice Department to re-investigate everyone’s contacts with Jeffrey Epstein except his own.

While Trump has already broken the Justice Department — robbing it of its independence, capacity, and reputation — the demand to weaponize the Epstein case against Democrats will require a new level of Orwellian reality-denial by Attorney General Pam Bondi and FBI Director Kash Patel.

What’s groundbreaking about the new and improved Epstein investigation is that it wasn’t just career prosecutors but Bondi and Patel who said only a few months ago that there was nothing more to investigate. Trump is making them reverse and contort themselves in a degrading display of cult devotion that exceeds anything we’ve seen from them up to now. At this point, the only thing more cravenly loyal they could do is to investigate and indict themselves.

Bondi’s immediate public response to Trump’s demand: “Thank you, Mr. President.” She has turned the investigation over to the Manhattan U.S. Attorney Jay Clayton, who now faces his own loyalty test.

Perhaps the Most Important News Since Friday

The D.C. Circuit Court of Appeals — in a troubling and convoluted ruling — appears to have backed its way into not blocking U.S. District Judge James Boasberg from resuming contempt of court proceedings against the Trump administration in the original Alien Enemies Act case. I’m sorry if you had to read that sentence twice, but you have to read the fractured court ruling several times to make sense of it. Chris Geidner gives it his best shot.

This is a critical case in the closely watched question of whether federal judges will hold the line on Trump’s attacks on their constitutional role. If a district judge like Boasberg can’t proceed to investigate the administration for contempt in a historically important case where it was blatantly contemptuous, then the battle to sustain an independent judiciary will have been lost before it had barely begun.

The Retribution: Jim Comey Edition

Following the court hearing Thursday, that signaled Lindsey Halligan’s appointment as U.S. attorney may not pass muster with the judge reviewing it, Attorney General Pam Bondi took the almost unbelievable step of attempting for a second time to ratify, after the fact and retroactively, the appointment Halligan’s conduct before the grand jury that indicted Jim Comey.

The new filing from Bondi attempts to patch the hole in her previous ratification, when it was revealed in court by the judge that Bondi had reviewed an incomplete transcript of the grand jury proceedings:

The Trump DOJ simultaneously filed a new declaration from Halligan that attempts to tamp down concern that parts of the grand jury proceedings weren’t recorded or are “missing.” Halligan attests that the gap in the transcript merely reflects the time when the grand jury was deliberating:

Halligan’s declaration clarifies some but not all of what happened in the grand jury proceedings. I had been assuming that after the grand jury returned the no-true bill as to one of the counts that Halligan would have gone back into the grand jury room and presented an alternative indictment on the two counts that they ultimately charged Comey with. But, according to her declaration, she had no further contact with the grand jury before it returned the two-count indictment.

Combine that with the paperwork fumbles (if that’s not too generous of a word) that the judge who accepted the indictment called Halligan out for in court, and there remains what Marcy Wheeler calls “a slew of problems” that I expect Comey’s lawyers will find a way to explore and possibly exploit.

Must Read

NYT: The Unraveling of the Justice Department … Sixty attorneys describe a year of chaos and suspicion.

The Corruption: Mike Flynn Edition

Former Trump national security adviser Mike Flynn and former Trump White House lawyer Stefan Passantino have joined the gravy train of Trump allies seeking to extract taxpayer-funded settlements from the Trump DOJ over claims they were the victims of politically motivated retribution. Flynn is seeking $50 million.

Georgia Fake Electors Case Back On?

Peter Skandalakis, the director of the Prosecuting Attorney’s Council of Georgia, has assigned the Georgia fake electors case to himself after being unable to find another prosecutor willing to take it on following the disqualification of Atlanta DA Fani Willis – but it’s not clear if he’ll continue to pursue convictions of President Trump and his alleged co-conspirators.

Venezuela Watch

  • NPR reports for the first time on comments earlier this year by then-Trump DOJ official Emil Bove, now a judge on the 3rd Circuit Court of Appeals, that perhaps foreshadowed the administration’s lawless attacks on alleged drug-smuggling boats:

At a Justice Department conference in February, then-acting Deputy Attorney General Emil Bove told the department’s top drug prosecutors that the Trump administration wasn’t interested in interdicting suspected drug vessels at sea anymore. Instead, he said, the U.S. should “just sink the boats,” according to three people present for the speech.

  • On Saturday, the U.S. killed three people in its 21st lawless strike against alleged drug-smuggling boats, bringing the death toll in the Caribbean and eastern Pacific to at least 83.
  • The dubious and still-secret OLC memo that justifies the lawless U.S. campaign against drug-smuggling boat claims fentanyl is a potential chemical weapon threat, the WSJ reports.
  • Rep. Adam Smith (D-WA), the ranking member on the House Armed Services Committee, says reports that the OLC memo contains language absolving everyone in the chain of command from criminal liability for the strikes is unusual: “It signals a fear that what they’re doing is illegal and that they could possibly be subject to criminal action under U.S. law and under international law.”

Quote of the Day

In a reality TV presidency, you need beefs, heels, betrayals, prodigals returning, and all manner of plot tricks to sustain the manufactured artificial drama. Who knows where this plot twist ends up going:

BASH: We have seen these attacks from the president at other people. It's not new. And I haven't heard you speak out about it until it was directed at you.MARJORIE TAYLOR GREENE: I think that's fair criticism. And I would like to say, humbly, I'm sorry for taking part in the toxic politics.

Aaron Rupar (@atrupar.com) 2025-11-16T14:31:02.802Z

Preach, Sister

Rebecca Solnit:

It’s striking to me that a lot of people want politics to be about their personal feelings, in which case they’re not engaged in politics, though they may be engaged in the sabotage of politics. …

[Y]ou vote strategically not expressively; you’re facing a ballot, not a Tinder/Grindr profile or a confessional, which I say because people often seem to speak as though they need their candidate to be someone who matches up to them in every way, even though they are only one of hundreds to hundreds of millions of voters, or see this as being about purity, aka choosing the candidate who is without sin or flaw, who they themselves will feel purer for voting for …

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