New Mexico Puts DOJ’s Epstein Privacy Defense Before a Judge

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According to CNN and New Mexico officials, the fight is now a court test over whether federal Epstein files should be shared with state investigators pursuing alleged crimes tied to Zorro Ranch.

New Mexico is asking a federal court to force a new decision on Epstein-related investigative files that state officials say may be critical to their Zorro Ranch criminal probe. The New Mexico Department of Justice said Attorney General Raúl Torrez filed suit Wednesday against Acting Attorney General Todd Blanche and the U.S. Department of Justice, seeking access to unredacted records the state says have been withheld.

The dispute puts two claims in direct conflict: New Mexico says the records could help identify victims, witnesses and additional criminal conduct tied to Jeffrey Epstein’s former Santa Fe County property; DOJ, according to CNN, says it is not required to provide unredacted files and that victim privacy weighs against broader disclosure.

The legal fight now before the court

Torrez’s lawsuit accuses the Justice Department of withholding unredacted investigative files and stonewalling New Mexico’s investigation, CNN reported. The state’s own announcement says the federal refusal is hampering a renewed criminal investigation into alleged abuse, trafficking and other sex-related crimes in New Mexico.

Old courthouse of Corfu
Image: Adriana Voicila, via Wikimedia Commons, CC0.

The complaint argues that DOJ’s refusal violates the Administrative Procedure Act and interferes with New Mexico’s authority to investigate and prosecute crimes within its borders. It asks for an order requiring DOJ to produce the requested materials or, at minimum, promptly and in good faith evaluate the request under the department’s regulations.

Torrez has framed the records fight as a possible path to accountability. In the filing described by CNN, he wrote that New Mexico may be among the few jurisdictions still able to “hold Epstein’s associates accountable” or provide “some sense of justice to survivors.”

DOJ’s privacy argument meets survivor criticism

DOJ’s position, as described to CNN by a department spokesperson, is that it does not have to turn over the unredacted materials and that victims’ privacy outweighs New Mexico’s request. That argument reflects a real risk in Epstein-related files: names, identifying details and traumatic accounts can be exposed if records are released carelessly.

Torrez disputes DOJ’s explanation. At a Wednesday press conference, he argued the privacy rationale lacked credibility in light of criticism over previous redactions. He also challenged Blanche’s statement at a July Senate confirmation hearing that DOJ was continuing to work with the New Mexico Justice Department.

“The truth is they’ve never cooperated with us,” Torrez said during a CNN appearance with Jake Tapper, according to CNN’s report.

CNN says a group of survivors praised Torrez’s effort Wednesday and criticized DOJ’s position. In a statement reported by CNN, the survivors called DOJ’s claim that it was withholding files to protect survivor identities “laughable,” saying previously released material had already revealed names and personal information.

Redactions are part of the trust problem

The privacy dispute is sharpened by the history of the file releases. CNN reported that Congress compelled DOJ to release millions of Epstein-related files after passage of a bipartisan bill late last year. The release included heavy redactions and, in some instances, flawed redactions that exposed victim information.

DOJ’s internal watchdog is reviewing the redaction process. For New Mexico officials and survivors who support Torrez’s lawsuit, those errors undercut DOJ’s claim that keeping tighter control of the files has protected victims or advanced accountability.

For DOJ, the same history may support caution before more sensitive material is shared. The court fight is therefore not simply about whether records should become public; it is about whether state investigators can get access under safeguards while DOJ continues to invoke privacy as a reason to withhold unredacted files.

New Mexico has two parallel inquiries

The lawsuit is not the only New Mexico effort focused on Epstein’s former ranch. CNN reported that a separate legislative Truth Commission released an interim report Wednesday. The commission is led by four members of the New Mexico House of Representatives and has been examining Epstein-related activity at Zorro Ranch.

The commission’s interim report said records DOJ is withholding under the Epstein Files Transparency Act should be released. It also acknowledged that the commission and the New Mexico Department of Justice have not yet reached an information-sharing agreement.

That unresolved coordination issue matters because CNN reported that survivors have expressed confusion about whether the two New Mexico bodies are working together. If survivors or witnesses face overlapping requests without clear boundaries, the process could become burdensome and retraumatizing. If the offices coordinate effectively, they could combine legal authority, legislative attention and public transparency.

What the files might clarify

New Mexico officials are not saying the public record already proves every allegation connected to the ranch. The Truth Commission’s 119-page interim report does not draw final conclusions or make investigative recommendations, and it says the work is ongoing.

According to Torrez’s lawsuit, DOJ-released files contain more than 13,000 references to Zorro Ranch and 5,000 references to New Mexico as places where victims were allegedly trafficked, groomed and assaulted. CNN summarized those figures from the lawsuit.

The released files also included an unverified 2019 email allegation to a local radio host claiming that two foreign girls were buried somewhere in the hills outside Zorro Ranch on Epstein’s orders and “Madam G,” according to CNN’s summary of the lawsuit. The allegation is unverified, and the commission has not endorsed it as fact.

That distinction is central to the state’s argument for access. Investigators must separate rumor, hearsay, survivor testimony, corroborated evidence and any conduct that could be prosecuted. Public pressure can create momentum, but a criminal case would depend on evidence that survives legal scrutiny.

The Blanche confirmation backdrop

The New Mexico lawsuit also lands as Blanche’s handling of Epstein-related matters is drawing attention in Washington. According to CNN, Blanche’s nomination advanced out of committee Tuesday and he could afford only limited GOP defections in the full Senate vote.

That gives senators a new line of inquiry: whether DOJ has cooperated with state investigators, whether privacy concerns have been applied consistently and whether the department has learned from redaction failures.

The immediate legal question is narrower. A judge could order more production, impose protective conditions, require a more limited review, or side with DOJ’s position that New Mexico has not justified access to unredacted files.

The state-level question is whether Torrez’s office and the Truth Commission can align their work. The commission says it is still seeking information and tips from survivors, witnesses and the public, and may seek sworn testimony from some witnesses. For now, New Mexico has moved the Epstein files fight from a broad demand for disclosure to a specific court challenge over records tied to a live Santa Fe County investigation.

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