Appeals Court Rejects DOJ Bid to Halt Epstein Files Review
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October 29, 2026: Clarified that the October 28 appellate order denied a stay pending appeal, not the underlying appeal on its merits, and that further litigation would address disputed redactions or withholding.
A federal appeals court on 28 October 2026 rejected the U.S. Department of Justice's request to halt a court-ordered review of foreign-language records in the Jeffrey Epstein files. The panel, consisting of Chief Judge Sri Srinivasan and Judges Cornelia Pillard and Florence Pan, ruled that the government failed to demonstrate irreparable harm from initiating the review.
The panel denied a stay pending appeal of a June 2026 preliminary injunction by District Judge Emmet Sullivan that directed the department to begin the review. It did not decide the merits of the underlying appeals. The order explained that the department would produce records it concludes must be disclosed by law; disagreements about particular redactions or withholding could require further litigation.
The government is appealing both the June and September orders. The Epstein Files Transparency Act, signed by President Trump in November 2025, required the DOJ to release records within 30 days, with about 3.5 million pages released by 30 January 2026.
Journalist Katie Phang, who sued the DOJ in April 2026, alleges improper redactions and missing logs. The court found no imminent production of records, and the department’s claims of impracticality in reviewing foreign-language documents were not sufficient to justify a stay.
The panel left the motion to dismiss the September order to the merits judges.
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