WSJ Editors: Say, The Epstein Files Release Was a Bad Idea, Huh?

Ya think?

Actually, the mandate from Congress to publish the entire catalog of data and materials from the investigations of Jeffrey Epstein amounts to several bad decisions. Democrats who seized on the idea in hope that it would implicate Donald Trump now have to watch Bill and Hillary Clinton decide whether to hide behind the Fifth Amendment, having lost a battle over congressional subpoenas. The material exposed the victims (literally, in some cases) despite Congress’ attempts to mandate redactions, because Congress also mandated an impossible release schedule that practically guaranteed massive numbers of errors in the process. 

And finally, as the Wall Street Journal’s editors concede today, most of this material consists of worthless speculation and baseless accusations, which is why this kind of material remains under seal unless and until prosecutors charge someone in a case. Congress set the American justice system on fire for political expediency, and now everyone is getting burned:

The Justice Department’s release of the so-called Epstein files has gone pretty much as skeptics warned. The feds published another three million pages on Friday. Such investigatory materials are usually kept private to protect innocent victims and witnesses—a lesson that Congress will now relearn at their expense.

Will it come at Congress’ expense, though? What accountability will Congress experience for its idiocy? No one can sue Congress, nor individual members for their votes or debate on policy matters. The only “expense” possible would be at re-election, and it seems doubtful that voters will make their ballot choice on this matter, even as a secondary or tertiary consideration. This Congress, and especially the Democrats who pushed for this full release for months despite the obvious risks involved, are arsonists who know they’re immune in the aftermath. 

The main blame will likely fall on the Department of Justice for its redaction failures, but that argument fails in two ways. First off, Congress demanded the full release of three million pages in 30 days while also requiring redactions to protect victims. Not only was that absurd, Congress threatened to hold officials in contempt when the deadline passed without compliance, further ratcheting up the pressure to get the files out fast. Activists started accusing the DoJ of trying to cover up for Trump with the delays, and the media amplified that pressure. Congress may just as well have mandated NASA to land on the Moon in 30 days with no loss of life ever in the program. 

The second failure: Congress knew damned well that this material should never have been made public. Prosecutors have long held to the principle that investigative evidence should not be made public except where charges are brought, mainly because investigations kick over a lot of rocks and collect a lot of nonsense in the process. Investigators chase down rumors, lies, and delusions along with actual and usable evidence. The US system of justice has rules for the use of evidence that culls out the dross, but it still exists in the records, and the outcome of this effort by Congress was not just predictable but repeatedly predicted:

Meantime, heinous accusations are circulating against prominent people, without any evidence they’re true. Since Epstein died in 2019, prosecutors have had time to chase real leads. The Epstein emails that show elites privately cozying up to a wealthy sex offender are embarrassing, but the government isn’t supposed to be in the business of posting scandalous raw evidence without a verifiable criminal case.

“There are allegations in there that, with 10 or 15 minutes of work, you can realize have no basis in fact,” Jay Clayton, the U.S. Attorney for Manhattan, told CNBC. Protecting accusers, he said, matters for prosecuting future offenders, since it’s “very, very difficult to get victims to come forward in these types of situations.”

Yes. Hence why those allegations did not result in charges, and why those records should have remained sealed. That’s why grand jury records are almost never unsealed, and why two federal judges refused to release them … until Congress interfered with the normal process of justice. They set loose the mobs, secure in the knowledge that it would not impact them while doing real damage to victims and those who committed no crimes. 

This Congress, with only a couple of exceptions (Rep. Clay Higgins, notably), acted despicably and only to score cheap political points. They exploited Epstein’s victims, who should have understood the gravity of what they were demanding, and also exploited the prurient nature of the American public, not to mention pandering to the more rabid and extreme parts of the political bases of both parties. They created a virtual lynch mob, and one that may well continue its efforts for years. 

“This isn’t justice,” the WSJ’s editorial board laments. That’s because it was never about justice at all. 

Editor’s Note: The mainstream media isn’t interested in the facts; they’re only interested in attacking the president. Help us continue to get to the bottom of stories like the Jeffrey Epstein files by supporting our truth-seeking journalism today. 

Join Hot Air VIP and use promo code FIGHT to get 60% off your membership!