Senate Democrats, led by Chuck Schumer, are flexing an obscure law to demand Jeffrey Epstein’s files from the Trump administration.
Late last month, Schumer and his Senate Homeland Security and Governmental Affairs Committee colleagues invoked a 1928 statute, the “rule of five,” to force the Justice Department and White House to hand over all Epstein-related documents, but the Friday deadline passed with nothing delivered, as Fox News reports.
The “rule of five” allows five members of a congressional committee to demand agency records, a tool rarely used but dusted off here to pressure the administration. Schumer’s threat to sue reeks of political theater, aiming to paint President Trump as hiding something sinister. Yet, the law’s enforceability in court is shaky, last tested in 2017 over a Trump hotel lease with no clear resolution.
“They’re now breaking the law to hide the files,” Schumer declared on X. This accusation assumes the administration’s silence is a cover-up, but the Justice Department’s refusal to comment suggests they’re not rattled by the senator’s saber-rattling.
Schumer’s call for Senate Majority Leader John Thune to appoint legal counsel adds another layer of drama. A senior GOP aide clarified that Thune alone can’t make that call -- it requires a two-thirds vote from the Senate Joint Leadership Group, including Thune, Chuck Grassley, and Schumer himself. This procedural hurdle exposes Schumer’s grandstanding as more bark than bite.
The “rule of five” move followed weeks of House gridlock over Epstein, with Democrats seizing the moment to amplify their attacks on Trump’s handling of the issue. Schumer’s team insists it’s about transparency, but their timing smells like a calculated jab at the administration’s credibility.
In their letter to the White House and DOJ, Schumer and his allies demanded “full transparency” on all Epstein files, including evidence and client records tied to the U.S. v. Jeffrey Epstein case. “Essential that the Trump Administration provide full transparency,” they wrote. The irony is rich -- Democrats rarely pushed this hard for openness under previous administrations.
The letter also urged the administration to “fulfill those promises of transparency.” Yet, Schumer’s selective outrage ignores the law’s limited track record, as its 2017 use against Trump’s hotel lease fizzled without forcing compliance.
The Justice Department’s silence on the matter speaks volumes. They’re not engaging with Schumer’s demands, likely betting the “rule of five” lacks the teeth to force their hand.
Schumer’s threat to take the administration to court hinges on whether the 1928 law holds up in a modern judiciary. Its rare use makes this a gamble -- courts may see it as a political dispute, not a legal one. The senator’s rhetoric seems more about scoring points than securing documents.
“[Thune] must appoint a lawyer to defend the Senate in Court,” Schumer insisted on X. But with the Senate Joint Leadership Group needing a supermajority to act, Schumer’s demand for Thune’s action feels like a setup to cry foul if Republicans don’t play ball.
If Thune doesn’t comply, Schumer vowed, “we’ll take them to court ourselves.” This bold claim sidesteps the reality that Senate Democrats alone may lack the standing to sue without broader Senate support.
The Epstein controversy has already stalled Congress, with the House paralyzed by debates over the same files Schumer now demands. Democrats’ focus on Trump’s alleged secrecy conveniently distracts from their own selective interest in Epstein’s case over the years.
Fox News Digital reached out to the White House and Thune’s office, but neither offered a response. This silence fuels Schumer’s narrative of obstruction, though it’s just as likely that the administration sees no need to dignify the stunt with a reply.
Ultimately, Schumer’s lawsuit threat is a high-stakes bluff in a polarized Washington. The “rule of five” may be a clever tactic, but its legal weight is untested, and Democrats’ push for transparency feels more like a political cudgel than a quest for truth.
