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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump's Epstein Fiasco Worsens as Dems Suddenly Find Big New Weapon
Senate Democrats are using a 1928 law to pressure Trump to release the Epstein files. The White House will ignore them. Heres what could happen next.
Senate Dems are invoking a 1928 law to demand that DOJ release the Epstein files. I talked to procedural experts and they laid out a scenario in which this could actually work. Not at all assured, but definitely worth trying.
— Greg Sargent (@gregsargent.bsky.social) 2025-07-30T17:44:33.361Z
My new piece lays it all out:
newrepublic.com/article/1986...
https://newrepublic.com/article/198613/trump-epstein-fiasco-democrats-new-weapon
Under a section of federal law commonly referred to in the Senate as the rule of five, government agencies are required to provide relevant information if any five members of that committee, which is the chambers chief oversight panel, request it.
The letter spells out exactly what Democrats are demanding, calling for the release of all documents, files, evidence, or other materials in the possession of DOJ or FBI related to Epsteins prosecution, including audio and video recordings and much more.....
A historical parallel here is worth noting. This 1928 law was passed in the wake of the Teapot Dome scandal, according to David Vladeck, a professor of government at Georgetown. That scandal, which involved a corrupt Cabinet member under President Warren Harding taking bribes in exchange for oil leases, resulted in higher public awareness of governmental corruption and the need for better congressional oversight to ensure transparency.
Critically, though, the statute that Senate Democrats are now invoking, Vladeck says, was originally designed to ensure that the minority in Congress has real access to what executive agencies are doing. As you may have noticed, this is a particularly urgent need right now: Democratic efforts at oversight have been entirely blocked by the GOP majority, which is devoted to protecting Trump at all costs......
Congressional procedure expert Sarah Binder says the whole matter will then turn on what the courts say. The statute is very clearagencies shall provide these documents, Binder told me. The question is whether the courts would agree that a group of senators, as opposed to the whole chamber, has standing to sue.
Here theres reason for (very) cautious optimism. House Democrats got pretty far the last time this was attempted. They invoked the statute in 2017 to try to force the first Trump administration to divulge information related to the Trump International Hotel in Washington, D.C., which raised many ethical issues.[ /excerpt]

cilla4progress
(26,396 posts)In a climate where rule of law is off the table... one has to wonder.
byronius
(7,790 posts)Republicans are criminals and rapists. Period.
LetMyPeopleVote
(166,966 posts)Chuck Schumer came up with a new way to force the Trump administration to release the Jeffrey Epstein files, but will the Justice Department comply?
Schumer has been mostly useless this year, but this might just have legs.
— SubversiveGranny (@subversivegranny.bsky.social) 2025-07-30T15:55:48.958Z
Seeking transparency on the Epstein files, Senate Democrats invoke the ârule of fiveâ www.msnbc.com/rachel-maddo...
https://www.msnbc.com/rachel-maddow-show/maddowblog/trump-epstein-files-schumer-senate-democrats-rule-five-rcna221954
Senate Majority Leader Chuck Schumer, D-N.Y., is leading all seven senators on the Senate Homeland Security and Governmental Affairs Committee in invoking a rarely used law to request files in the Jeffrey Epstein case and have them delivered to the committee next month. In a letter sent to Attorney General Pam Bondi, the group says it is requesting the files under the law, which says an Executive agency, on request of ... the Committee on [Homeland Security and] Governmental Affairs of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee.
As Capitol Hill watchers know, members of the minority party have very limited power and cannot issue subpoenas. But as The New York Times reported, there is a rather obscure policy known as the rule of five that says federal agencies are required to provide relevant information if any five members of the Homeland Security and Governmental Affairs Committee request it.
That provision which became law in 1928 and sets a seven-member rule for the Houses oversight committee effectively offers a way for members of the minority party to compel information from the executive branch because they cannot issue congressional subpoenas, the Times report added. But it has been infrequently used, and it has not faced significant tests in court, raising questions over whether it can be enforced.....
Nevertheless, the Senate Democrats letter concluded: Please provide these documents and information as soon as possible, but no later than August 15, 2025. Additionally, please arrange to provide a briefing to Committee staff as soon as possible, but no later than August 29, 2025.
This will be fun to watch