DOJ turns down American Oversight's bid to speed up public release of files on attorney general nominee before confirmation hearing

On Friday, the U.S. District Court for the District of Columbia rejected American Oversight's motion for a preliminary injunction. The group had sought to compel the Department of Justice to accelerate Freedom of Information Act requests concerning Attorney General nominee Todd Blanche's official actions on two matters under intense public review: the Trump administration's examination and release of files tied to convicted sex offender Jeffrey Epstein and DOJ's efforts to withhold a report from former Special Counsel Jack Smith.

The ruling arrives as the Senate Judiciary Committee readies to review Blanche's nomination for Attorney General on July 15 and 16. American Oversight maintained that faster processing was essential because the records were needed urgently to inform senators and the public ahead of the Senate's decision on his nomination to lead the nation's top law enforcement agency.

In response to the ruling we released the following statement from our Executive Director Chioma Chukwu:

"Today's decision represents a setback for transparency. The Justice Department holds records that could clarify how Todd Blanche used significant authority given to him, preventing the American people from reviewing the facts and participating effectively with their elected representatives as the Senate weighs his nomination.

A Senate confirmation serves as a single constitutional duty. After that vote concludes, the chance for the public to assess Blanche's record and connect with their elected representatives before confirmation cannot be restored.

Americans continue to deserve clarity on Blanche's part in issues involving Jeffrey Epstein and Special Counsel Jack Smith's report, and we will keep pursuing these records to help the public grasp how one of the nation's top law enforcement officials used his power."

We will keep seeking the records, which may reveal the degree to which Blanche, who acted as President Trump's personal criminal defense attorney before serving as deputy attorney general and then acting attorney general, has set aside independent judgment in matters that directly involve his former client and political supporter.

Before entering the Justice Department, Blanche worked as President Trump's lead defense attorney in several criminal cases, including the federal prosecutions led by Special Counsel Smith and the New York criminal case that ended in Trump's conviction on 34 felony counts.

As deputy attorney general, Blanche reportedly took a key part in the department's review of records linked to Jeffrey Epstein and his associates, including personally questioning convicted sex trafficker Ghislaine Maxwell. His participation has prompted questions given that President Trump's name reportedly appears thousands of times in the Epstein files and because concerns have emerged about whether Blanche's earlier work for Trump might influence his fairness in matters involving the president.

Blanche has also drawn questions about his role in issues connected to former Special Counsel Smith's investigations. Public reports indicate Blanche has claimed credit for helping "clean house" at the DOJ and FBI after Trump's return to office, including the removal of staff tied to Smith's investigations. During his 2025 confirmation process for deputy attorney general, Blanche testified that he would not back releasing the full second volume of Smith's report on Trump's handling of classified records. Shortly before Blanche's confirmation, DOJ supported Trump's motion to prevent public release of the report.

Our requests target communications, emails, calendar invitations, text messages, and messages sent through encrypted or third-party platforms about Blanche's role in the Epstein files review, including talks on redactions, President Trump, Ghislaine Maxwell, and Maxwell's transfer inside the federal prison system. The requests also target records about Blanche's involvement in issues tied to Special Counsel Smith's investigations and reports, including communications on the classified documents investigation and choices about releasing parts of Smith's final report.

We have previously expressed concerns about Blanche's capacity to independently oversee matters involving records related to President Trump. Earlier this year, we urged Blanche to step aside from any role reviewing or overseeing the release of presidential records from Trump's first term under the Presidential Records Act, pointing to his earlier position as Trump's personal criminal defense attorney and his acknowledged ongoing duty of loyalty to the president.

This is not the first instance during President Trump's second term when a nominee for attorney general has prompted serious questions requiring public examination. In November 2024, we sought records related to then-nominee Matt Gaetz amid allegations of sexual and other misconduct that had attracted major public notice. Gaetz later withdrew his nomination.