Democracy Forward Foundation v. U.S. Department of Justice

CourtDistrict Court, District of Columbia
DecidedNovember 24, 2025
DocketCivil Action No. 2025-2597
StatusPublished

This text of Democracy Forward Foundation v. U.S. Department of Justice (Democracy Forward Foundation v. U.S. Department of Justice) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Democracy Forward Foundation v. U.S. Department of Justice, (D.D.C. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

DEMOCRACY FORWARD FOUNDATION,

Plaintiff, No. 25-cv-2597 (TSC) v.

DEPARTMENT OF JUSTICE, et al.,

Defendants.

MEMORANDUM OPINION

In this Freedom of Information Act (“FOIA”) case, Democracy Forward seeks expedited

review of FOIA requests regarding the Justice Department’s handling of files related to the

Jeffrey Epstein investigation. After the Department constructively denied its expedited review

requests, Democracy Forward filed this lawsuit and moved for summary judgment. Because

Democracy Forward has demonstrated that the Department’s handling of the Epstein files is a

“matter of widespread and exceptional media interest in which there exist possible questions

about the government’s integrity that affect public confidence,” 28 C.F.R. § 16.5(e)(1)(iv), its

FOIA requests are largely entitled to expedited review. But because its requests are partially

overbroad, the court will GRANT IN PART and DENY IN PART Democracy Forward’s Motion

for Summary Judgment.

At the outset, the court notes that Plaintiff’s Notice of Recent Developments, ECF No.

16, does not affect the court’s review of the instant motion. In reviewing requests for expedited

processing, the court is limited to “the record before the agency at the time” of the denial or

constructive denial. 5 U.S.C. § 552(a)(6)(E)(iii). Therefore, although recent Congressional

Page 1 of 15 activity and media coverage may support Democracy Forward’s claim regarding “the public’s

urgent need for access” to the information Democracy Forward seeks, Pl.’s Notice at 3, the court

cannot and will not consider it. Moreover, recent legislation concerning the release of the

Epstein files does not moot this case because Democracy Forward seeks records concerning the

Department’s handling of the files—records that are distinct from the files themselves.

I. BACKGROUND

A. Legal Background

FOIA requires agencies to disclose certain government records to any person who validly

requests them. See 5 U.S.C. § 552(a)(3). In general, agencies process FOIA requests on a “first-

in, first-out” basis. Am. Oversight v. DOJ, 292 F. Supp. 3d 501, 505 (D.D.C. 2018). Congress

recognized, however, that some requests merit faster attention. In 1996, it amended FOIA to

provide for expedited processing of more urgent requests. See Al-Fayed v. CIA, 254 F.3d 300,

304 (D.C. Cir. 2001) (citing Electronic Freedom of Information Act Amendments of 1996, Pub.

L. 104–231, § 8, 110 Stat. 3048, 3051–52 (codified as amended at 5 U.S.C. § 552(a)(6)(E))).

Under the amended Act, agencies must expedite review in two circumstances: (1) when

“the person requesting the records demonstrates a compelling need,” and (2) “in other cases

determined by the agency.” 5 U.S.C. § 552(a)(6)(E)(i). This “latter provision gives an agency

latitude to expand the criteria for expedited access beyond cases of compelling need” by

promulgating regulations. See Al-Fayed, 254 F.3d at 307 n.7 (cleaned up). The Justice

Department has done so; it established regulations providing for the expedited processing of

FOIA requests involving “matter[s] of widespread and exceptional media interest in which there

exist possible questions about the government’s integrity that affect public confidence.”

28 C.F.R. § 16.5(e)(1)(iv). “The Department has interpreted [this regulation] to require that the

Page 2 of 15 same matter that draws widespread and exceptional media interest must be the matter in which

there exists possible questions about the government’s integrity that affect public confidence.”

Am. Oversight, 292 F. Supp. 3d at 505 (cleaned up).

If an agency grants expedited review, it must process the request “as soon as practicable.”

5 U.S.C. § 552(a)(6)(E)(iii). If it denies or fails to timely address a request for expedited

processing, the aggrieved party may seek judicial review. Id.

B. Factual Background

In July 2019, financier Jeffrey Epstein was indicted on federal charges for sex trafficking

underage girls. Defs’ Resp. to Pl.’s SOF ¶ 1, ECF No. 9-1 (“Defs’ Resp.”). Many believe that

federal investigators have a list of powerful clients to whom Epstein trafficked underage girls.

Id. ¶ 7. During the 2024 presidential campaign, then-candidate Donald Trump appeared to credit

this belief and said he would “probably” release the list if elected. Id. ¶ 8.

In February 2025, after President Trump’s election, Attorney General Pam Bondi was

asked whether the Justice Department would “really” “be releasing the list of Jeffrey Epstein’s

clients.” Defs’ Resp. ¶ 9. Attorney General Bondi replied: “It’s sitting on my desk right now to

review. That’s been a directive by President Trump.” Id. Shortly thereafter, the Justice

Department released what it styled the “first phase” of declassified Epstein files. Id. ¶ 10. This

“first phase” disclosure did not include a client list, and most of the documents had already been

made publicly available. Id. Forbes reported1 that this disclosure “frustrated lawmakers and

conservative activists,” who accused the Trump Administration of breaking its promise to release

1 This article and the other articles cited in this opinion were included in Democracy Forward’s expedited-review request to the Justice Department and are therefore part of the record. See 5 U.S.C. § 552(a)(6)(E)(iii) (limiting judicial review to “the record before the agency at the time” of the denial or constructive denial).

Page 3 of 15 the Epstein files. McGrath Decl. – Ex. 3, ECF No. 4-2 (citing Conor Muray, Epstein Files Land

No New Revelations—Despite Big Promises Throughout Campaign, FORBES (Mar. 1, 2025),

https://perma.cc/ND5U-6QFG).

The New York Times reported that in response to “mounting clamor” for release of the

files, the Justice Department embarked in spring 2025 on a “frenetic scramble,” deploying

“hundreds of employees to scour the Jeffrey Epstein files with a single goal in mind—find

something, anything, that could be released to the public.” McGrath Decl. – Exs. 1, 2, ECF No.

4-2 (citing Adam Goldman & Alan Feuer, How a Frantic Scouring of the Epstein Files

Consumed the Justice Department, N.Y. TIMES (July 24, 2025), https://perma.cc/RLL2-2BVP).

But then, in July 2025, the Justice Department reversed its position on disclosing the

Epstein files and on the existence of a client list. The Department announced that “no further

disclosure . . .

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