Senate Minority Leader Chuck Schumer, D-N.Y., is threatening legal action against the Trump administration if it continues to withhold files related to Jeffrey Epstein.
Last month, Schumer and every Senate Democrat on the Senate Homeland Security and Governmental Affairs Committee invoked a rarely used, nearly century-old law to force the administration to hand over the documents.
The request came as the ongoing Epstein controversy had already stalled the House, while Senate Democrats increased pressure on President Donald Trump over his handling of the matter.
Friday marked the deadline for the Justice Department and White House to comply. So far, Senate Democrats have not received the requested files.
“They’re now breaking the law to hide the files,” Schumer wrote on X. “[Senate Majority Leader John Thune] must appoint a lawyer to defend the Senate in court and get the files. If he chooses complicity — we’ll take them to court ourselves.”
The Justice Department declined to comment. Fox News Digital also contacted the White House and Thune’s office.
A senior GOP aide told Fox News Digital that it isn’t solely up to Thune to appoint Senate legal counsel. That responsibility lies with the Senate Joint Leadership Group, which includes Thune, Sen. Chuck Grassley, R-Iowa, Schumer, and the chairs and ranking members of the Senate Judiciary and Homeland Security committees.
For legal counsel to be approved, the committee would need a two-thirds vote. Alternatively, the Senate could pass a resolution authorizing counsel, also requiring a two-thirds majority.
Democrats last month invoked the “rule of five,” a 1928 law requiring agencies to release information if at least five members of a committee with jurisdiction make a formal request. The law is considered a tool for minority parties to exercise oversight authority.
In a letter to the White House and DOJ, Schumer and other Democrats argued that “it is essential that the Trump Administration provide full transparency” in releasing files connected to the late Epstein.
Their request sought all documents, evidence, and records in the government’s possession related to U.S. v. Jeffrey Epstein and any materials connected to Epstein and his associates.
Whether the law can be enforced in court is uncertain, as it has rarely been used. The last attempt occurred in 2017, when Democrats tried to obtain records on the lease of the Old Post Office building in Washington, later converted into one of Trump’s hotels.
