The Department of Justice, on Friday, released a batch of files related to the Epstein investigation. The release was made pursuant to legislation passed in November setting a statutory release deadline. The files, on the DOJ portal, are heavily redacted. The redactions, on first review by the news services that have begun the work, cover names, dates, locations, and entire pages.
The release, by all early counts, contains no item that materially advances the public understanding of the case beyond what was already disclosed in earlier civil and criminal proceedings.
The release also, on Friday afternoon, briefly contained an image. The image, per reporting that has been reproduced across several outlets, depicted the President. The image appeared on the DOJ portal in the morning. By the afternoon, the image had been removed. The Justice Department, asked about the removal by the news services, characterized it, on Friday evening, as the result of a redaction error, with the implication that the image had been released inadvertently and was withdrawn under standard procedures.
Two observations bear noting.
First, the statutory release is the result of legislative action. The legislation was passed by Congress in November, against the wishes, on the public record, of the administration. The release, on the statutory deadline, was therefore not a discretionary act of the executive branch. It was a compliance event. Compliance events, in the federal government, are typically conducted by career staff under the supervision of political appointees. The release, on Friday, conformed to that pattern.
Second, the removed image is now the news. The substance of the released files, on the early reporting, is not. The image, having appeared and disappeared, has produced a tertiary news cycle about the redaction process, about which images were and were not in the original release set, and about whether the redaction was an error or a correction. The Justice Department’s position, on the record, is error. The reporters’ position, in their next set of FOIA requests, is correction. The two positions imply different timelines for what is on the next batch.
A serious country, when its Justice Department releases a court-ordered batch on a statutory deadline, does so without an image of the sitting President briefly appearing and being withdrawn. The withdrawal is, on the public record, the part the country saw.
Calmly documenting the decline.
The breakdown.
- Factual basis The release is on the DOJ portal. The redactions are visible.11/25
- Self-awareness A removed image, after release, is the part the reporters notice.5/20
- Staff containment The release portal was managed by DOJ staff.8/20
- Recovery attempt DOJ told reporters the removal was a 'redaction error.'5/15
- Public spectacle Front of every legal desk over the weekend.11/20
Was this dumb enough?
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