Senate Democrats are eyeing a rarely used law to force the Justice Department to release files related to Jeffrey Epstein. CBS News Department of Justice correspondent Scott MacFarlane explains.

Washington

Senate Democrats are utilizing a nearly century-old federal law, known as the Rule of Five, in an effort to require the Justice Department to release files pertaining to the Jeffrey Epstein investigation. The law allows a committee to demand records from federal agencies if five members request them, though it is expected to face legal and political resistance.

Meanwhile, the Department of Justice is seeking a judge's approval to release grand jury transcripts from the Epstein case, arguing that much of the information is already public. Additionally, questions have arisen about the authenticity of video footage released from outside Epstein's jail cell, with forensic analysis indicating possible edits. These developments underscore ongoing concerns about transparency and the handling of evidence in the Epstein case.

Senate Democrats look to force release of Epstein files

Senate Democrats are eyeing a rarely-used law to force the Justice Department to release files related to Jeffrey Epstein. Senate Minority Leader Chuck Schumer announced on Wednesday that Democrats are going to use what's referred to as the Rule of Five. The federal law is nearly 100 years old, and its purpose is to direct agencies to turn over information to Congressional Oversight Committees. CBS News Justice Correspondent Scott McFarlane joins me now. Scott, thank you for being here. How exactly would this new move by Senate Democrats actually play out? Not sure it's gonna work, but they are trying to raise some awareness and maybe raise some political attention here. The Senate Democrats say there is a rule that's existed for decades and frequently used where if you get five members of a certain committee, the Homeland Security and Government Affairs Committee, to request records that a federal agency must turn over the records. It's gonna be challenged. There's gonna be pushback, and it's unclear it's gonna work, but Senate Democrats want there potentially to be some pushback so they can potentially accuse Republicans of obstructing Jeffrey Epstein files from being released. And that's exactly the position we've seen Democrats over the past couple of weeks, saying it's Republicans who are not being transparent, Republicans who are not turning over records that their own constituents want to see. Interesting. We're also getting new details about the grand jury transcripts. What are DOJ officials saying on that? So, talking about transparency and turning over records, the Department of Justice has made its latest argument to a federal judge in Manhattan seeking the release of grand jury transcripts from the Epstein investigation, from the Epstein prosecution. They're making the argument that it's been some time now, that some of the victims have already gone public, and what's more, that the witnesses for the grand jury are law enforcement witnesses and that that information can be released. It's unclear if it's gonna work. Federal judges tend not to want to release grand jury records to ensure the security of future grand jury proceedings and the comfort people have sitting down with those grand juries. But even if those files are released, even if those transcripts are released, there is not much of an expectation there's gonna be any revelations in there, things we don't know already. President Trump is also addressing the Epstein case again, saying this time that one of Epstein's victims, Virginia Jufri, was, quote, stolen from him. What does he actually mean here? Some of this is unsolicited. The president offering up more than he's asked about the Jeffrey Epstein matter, including that nugget. He's making the argument that the falling out he had with Jeffrey Epstein before Epstein was prosecuted for sex trafficking young girls was over Epstein poaching some of his employees from his resort in Mar-a-Lago. And the president said that that particular victim, high-profile victim of Epstein, was somebody who worked at his spa at Mar-a- Lago years ago. That being said, there was a second set of questions asked to the president today at the White House about an alleged issue involving the Russia investigation in 2016 into the campaign. And he answered the Russia related question by talking more about the Epstein file. So some of these comments are coming without prodding from reporters or others. He is unsolicited talking about Jeffrey Epstein, which is a challenging way to turn the page on a controversy that is dogging the White House. Yeah, absolutely. You also have new reporting about the Justice Department's release of the video from outside Epstein's jail cell the night of his death. What did you learn? Our full report and video on cbsnews.com right now raises questions about whether this is raw, original video released by the Department of Justice this month showing Jeffrey Epstein's cell the night of Jeffrey Epstein's death. The Department of Justice said this is raw video footage of that night at that place. But a forensic review of the video shows indications it's been edited, that the metadata shows it's been edited, that there appears to be a screen capture happening, a cursor shows up on the video at one point, and the forensic experts say there's no good explanation for why a minute is missing from this video if it's the raw original footage. These are questions the Department of Justice has not answered, but there are questions that are going to further fuel a controversy that revolves around transparency. Yeah, you see that jump in the aspect ratio definitely raises a lot of questions to the untrained eye as well. Scott McFarlane in Washington. Thank you.

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