DOJ Appeals Judge Sullivan’s Epstein Files Ruling in Katie Phang Lawsuit (8/27/26)

The Justice Department moved to appeal Judge Emmet Sullivan’s rulings in Katie Phang’s lawsuit over compliance with the Epstein Files Transparency Act, escalating a fight that had already produced unusually sharp criticism of the government’s handling of the records. Sullivan had granted Phang a preliminary injunction in June 2026 after concluding that the government had failed to meaningfully answer key portions of her argument and had effectively conceded important points concerning compliance with the law. His orders required the DOJ to address disputed redactions, review and produce certain foreign-language material, provide information concerning underlying FBI interview records, and publish the redaction log required by the statute. Sullivan later ordered the government to provide unredacted records for his own private review so he could determine whether the DOJ’s stated reasons for withholding names and information were legitimate.

On August 24, 2026, the DOJ filed a protective notice of appeal, signaling that it intended to challenge Sullivan’s order rather than simply accept the court’s interpretation of what the Epstein transparency law required. The department maintained that at least some of the disputed redactions were necessary to protect victims, private individuals and other sensitive information, while Phang’s case argued that the government had withheld or obscured information beyond what Congress permitted when it ordered the Epstein records released. The appeal therefore set up a larger fight over how much discretion the Justice Department actually retained after Congress enacted a law specifically designed to force broad disclosure of its Epstein material. Instead of resolving the transparency dispute, the government’s decision to appeal ensured that the battle would move higher into the federal courts, with the central question becoming whether Sullivan had gone too far in compelling disclosure or whether the DOJ itself had failed to carry out the disclosure mandate Congress imposed.


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