
Katie Phang Presses DOJ Over Epstein Records and FBI Interview Notes (9/5/26)
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The filing also sharply challenged DOJ’s claim that it had complied with the law’s requirement for a redaction log by publishing a six-page letter in the Federal Register. Phang’s attorneys argued that the letter merely satisfied a separate provision requiring a general summary of withheld material and did not meet the statute’s requirement that every individual redaction be accompanied by a written justification. They asked the court to order Blanche to publish a complete, legally compliant redaction log within ten days. The filing also rejected the government’s attempt to slow the proceedings while it pursued what it called a “protective” appeal, noting that DOJ had not actually filed a substantive motion demonstrating why a stay was warranted. Phang’s lawyers argued that administrative inconvenience or staffing burdens do not amount to irreparable harm and maintained that the government should not be permitted to use an appeal to postpone compliance with either the Epstein Files Transparency Act or Judge Sullivan’s existing injunction.
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Beyond The Horizon — Katie Phang Presses DOJ Over Epstein Records and FBI Interview Notes (9/5/26). Machine-transcribed; use the interactive transcript above to jump the player to any line.
Dave Roberts here. There you are surrounded by fans, sharing wings, sharing drinks, high-fiving random strangers. Everybody remembers the game. Nobody remembers the guy coughing behind you until a few days later. At 2am, you wake up with the fever and your throats on fire. Now what? Urgent care? Close. ER? Slam. Telehealth? Maybe. But the pharmacy's closed. You needed a medical emergency kit. These aren't first aid kits. They contain essential prescriptions, use for over 30 common conditions, sinus and ear infection, UTIs, stomach bug, travelers diarrhea and more. On hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling or stranded, you'll wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcarekit.com slash blue. That's promo code blue at urgentcarekit.com slash blue.
What's up everyone and welcome to another episode of the Epstein Chronicles. Over the past couple of months we've been talking about the Ketie Fang lawsuit that was filed against Todd Blanche. And that battle is ongoing and Ketie Fang is really taking Blanche out behind the woodshed and in this latest response, absolutely lights Todd Blanche up. So with that said, let's take a look at the document. Ketie Fang plaintiff vs. Todd Blanche. Case number 26-1417 EGS. Reply on proposed order. The defendant attorney general Todd Blanche objects yet again to complying with his court's orders. On June 25th, 2026, this court issued a pre-limin junction directing the defendant to among other things. One, produce the FBI interview notes underlying several FD-302s that reference president Donald J. Trump or show cause why he could not.
And two, publish the Redaction Log required by section 2C2 of the Epstein File Transparency Act, the Epstein Act or Act or show cause as why he could not. The defendant refused to comply, forcing this court to hold a hearing on the matter. Their counsel for the defendant repeated unsupported and on persuasive arguments as to why it could not timely produce the FBI notes or Redaction Log. The court, the defendant was directed to show cause why it the FBI notes should not be produced, what's the answer? Mr. Block, the answer, your honor, is that they are duplicative documents. The court, well, that's what the defendant says. The court doesn't know that. Mr. Block, again, your honor, it the Redaction Log is forthcoming. I don't have anything to say to the court beyond I know it's in the process. The court, I mean, Christmas is forthcoming. Let's be realistic. The court ultimately directed plaintiff to draft a proposed order on the FBI notes and Redaction
Log, which plaintiff did, ECF No. 32. Plaintiff also submitted a notice demonstrating that despite defendant's assertions otherwise, defendant has produced numerous handwritten FBI interview notes, underlying other FD302 reports, ECF No. 33. The defendant ignores the notice and opposes the proposed order, reiterating once again, his general objection to producing the handwritten notes, but adding a twist. He now claims to have published the required Redaction Log in the Federal Register. The arguments on the FBI notes are unpursuasive, and the claim Redaction Log utterly fails to comply with the Epstein Act. This court should direct the defendant to submit for in-camera review the handwritten notes so the court can determine whether the defendant's objections are well-founded as they clearly are not, and direct the defendant to produce a Redaction Log that actually complies with the law. Two, FBI interview notes. This court, in its preliminary injunction order,
directed defendant either produce to the public the underlying FBI interview notes that form the basis for the FD302 interview reports bearing baits number EFTA 012145620 EFTA 028 58481 EFTA 028 58491 and EFTA 028 58495 with appropriate redactions to protect victims' information or show calls why the notes should not be produced, ECF number 15 at two. The defendant failed to comply, instead asserting that he did not need to produce notes first because they were substantially similar to the FD302's that were already produced, and second because reviewing handwritten notes was unduly burdensome and might inadvertently reveal victim information. The FD302 Act is not list substantial similarity as one of the basis for refusing to produce documents, see FD302
Section 2A1 and 9. As the court has repeatedly observed, it's not sufficient for the defendant to merely assert without evidence that documents are substantially similar. EG August 13, 2026 hearing, transcript at 10. Mr. Block, the department had to determine that these documents were duplicative, so they fell outside. The court, the department may well be correct, but the court needs to be in a position to say that the court either agrees with the department or disagrees, something more is required to comply with the court's order. The defendant's second argument that handwritten documents cannot be reviewed for a risk of accidental disclosure of victim information is similarly unpersuasive. At oral argument, counsel for the defendant incorrectly asserted that no handwritten notes for the FBI reports had been produced. August 13, 2026 hearing, transcript at 8. But in fact, as plaintiff noted, the defendant has produced nearly 100 handwritten
notes, including notes that formed the basis for other FBI FD302 reports, ECF No. 33. In his opposition, defendant does not even try to argue that the handwritten notes mentioning the president at issue here are somehow more difficult to review than the hundreds of pages of handwritten notes, defendant, already produced, nor can he. The typed FD302s for which plaintiff seeks the underlying notes are in total just 25 pages. The handwritten notes are presumably not much longer if at all. The Attorney General commands perhaps the largest law firm in America and can find a way to reliably review approximately 25 pages to ensure victim information is not revealed. All parties share the objective of not releasing genuine victim information, accordingly the court should direct the defendant to produce within five days the unredacted underlying handwritten notes for the in-camera review. The court can then decide whether and how
to publish these documents. 3. Redaction Log The court, in its preliminary injunction order, directed the defendant either publish the federal register, the redaction log required under the Epstein Transparency Act, Section 2C2, and update it concurrently with each future release of redacted material, or show cause why you cannot do so, ECF No. 15 at 2. After much foot dragging, the defendant claims to have now complied with this direction, publishing to in the federal register in six-page letter it produced a Congress more than six months ago. ECF No. 37, citing 91, federal regulation 55, 35, 6. This belatedly published letter is also offensively insufficient to comply with the defendant's obligation under 2C2. The Epstein Act has two relevant disclosure obligations. Section 3 requires the Attorney General within 15 days of otherwise complying with the Act to submit the Congress or report describing
the categories of records released and withheld. The government officials and other politically exposed persons mentioned in the materials and the summary of redactions made. Separately, Section 2C2 of the Act requires the defendant to explain each individual redaction, directing that all redactions must be accompanied by written justification published in the federal register and submitted the Congress.
And it's filing the defendant tries to pass off its high-level letter required under Section 3 as the detailed redaction log required under Section 2C2. It's obvious that the letter responds to Section 3 not to Section 2C2 because the defendant himself says so. The first sentence of the letter begins Section 3 of the Epstein Files Transparency Act, the Act, requires the Department of Justice within 15 days of completing the release required under the Act to submit to the House Incident Committees on the Judiciary Report, 91 Federal Regulation, 55, 357. It continues. Consistent with Section 3 of the Act, the Department provides the following information and proceeds to purport to provide the information called for by Section 3 of the Act. The defendant's apparent argument is that its reporting obligations under Section 2C2 and Section 3 are the same. They are not.
The cardinal rule of statutory interpretation is that no provision should be construed to be entirely redundant. Conges vs. US-485, US-1988, plurality of opinion. Section 2C2 requires an explanation for each individual redaction, while Section 3 requires only a summary of all the redactions. Specifically, Section 2C2 directs that all redactions be accompanied by a written justification, while Section 3 directs defendants simply to produce a summary of those redactions. Where Congress includes particular language in one section of a statute, but omits it in another section of the same act, it's generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion, Rocello vs. US-464-1983. Congress could have used the word summary in Section 2C2 as it did in Section 3, but can speculously chose not to. The Attorney General is merely republished to summary he already made public to purportedly satisfy the requirements of
Section 2C2 and the Squirt's Order. This is painfully insufficient, and this court should direct the Attorney General to publish within 10 days the written justification for all redactions made, as is required by the Epstein Act. For, requests for stay. Finally, the defendant once again argues that the proceedings should be stayed pending the appeal. Previously, he argued that he could not appeal the case, ECF-Number-19. The government views the Court's order as more in the nature of an unappulable show-caus order. His position appears to have now changed, and he has filed what he describes as a protective notice of appeal, ECF-Number-35. But the defendant has not actually filed any motion to stay this Court's prelimbed injunction or the current proceedings or made any substantive argument why these proceedings should be stayed. The defendant's argument can be dismissed on that basis alone. Nevertheless, even if the defendant made these arguments in a motion, they would be
losing ones. In the DC Circuit Court, a court assesses four factors when considering a motion to stay an injunction pending appeal. One, the moving parties likelihood of success on the merits of its appeal two, whether the moving party will suffer the irreparable injury, three, whether issuance of the stay would substantially harm other parties in the proceeding and four, the public interest. In granting her motion for preliminjunction, the court has already resolved factors one, three, and four in Katie Fang's favor. On the remaining factor, irreparable harm to defendant, the defendant cannot circumvent, while established jurisprudence, recognizing the administrative burdens and staffing limitations fail, the constitute irreparable harms in this manner. Center for Biological Diversity for a US office of surface mining, reclamation and enforcement, DC 2026. The Attorney General of the United States must spend time and effort to follow the law,
but that is not a harm, let alone an irreparable one, conclusion. Five, to compel the defendant to follow the Epstein Files Transparency Act, as well as this court's orders, the court should direct an in-camera review of the FBI interview notes and direct defendant to produce a complete redaction log. Respectfully submitted by Brendan Ballu, dated September 2nd, 2026, and when we have a response from Mr. Blanche, we'll get that added to the catalog as well. All the information that goes with this episode can be found in the description box. Sharing drinks, high-fiving random strangers, everybody remembers the game, nobody remembers the guy coughing behind you until a few days later, at 2am, you wake up with the fever and your throats on fire. Now what, urgent care, clothes, ER, slam, telehealth, maybe, but the pharmacy's clothes, you needed a medical emergency kit. These aren't first aid kits, they contain essential
prescriptions used for over 30 common conditions, sinus and ear infection, UTIs, stomach bug, travelers diarrhea and more. On hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling or stranded, you'll wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcarekit.com slash blue. That's promo code blue at urgentcarekit.com slash blue.
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