Democrats Pledge Epstein Probes if They Win Midterms, but Critics Question the Payoff

American football fans were treated to another weekend of dramatic finishes and disputed calls, along with a steady stream of midterm campaign ads. Many of the Democratic spots targeted the Trump administration's handling of the release and investigation of the Jeffrey Epstein files.

The Washington Post, citing AdImpact figures, reported that Democrats have spent $53 million US on ads mentioning the late sex offender in competitive races. Republicans have spent $3 million. CNN has reported that during the 2024 presidential campaign, Epstein appeared in only three ads, all involving candidates in Florida, where he kept his main residence.

If Democrats win one or both chambers of Congress in the Nov. 3 vote, learning more about Epstein will be "one of our top priorities," Rep. Robert Garcia of California, a member of the House oversight committee, told Bloomberg News. Two bills already introduced in Congress could serve as avenues for that work. One, backed by Democrat Ro Khanna and Republican Thomas Massie among five co-sponsors, would let state attorneys general and survivors sue the Justice Department for unredacted files the administration has withheld as too sensitive or privileged. The other, the Epstein Wall Street Records Act from Garcia and Sen. Elizabeth Warren, would require regulators to disclose supervisory records tied to Epstein and to investigate banks and executives connected to him. Democrats have accused at least three major financial institutions of failing to follow anti-money laundering rules on large, suspicious transactions involving Epstein's accounts.

Former federal prosecutor Ankush Khardori argues Democrats would be better served by examining possible corruption involving the Trump administration and the president's family over the past two years. Khardori calls the release of Epstein documents without context "a historic mistake" that has brought uneven consequences for people who knew Epstein but were never accused of a crime. In a Boston Globe op-ed, Khardori pointed to the April suicide of Norway's Edward Juul Rod-Larsen, whose parents had faced questions about their contacts with Epstein. Khardori also wrote that, nearly a year after the Epstein Files Transparency Act and more than 19 oversight committee interviews, the claim that the files would expose a hidden child sex trafficking ring "has not been substantiated."

Finding new evidence was always going to be hard. Epstein is dead, his associate Ghislaine Maxwell is serving a lengthy prison sentence and has credibility problems, and three of the women who said they were abused, as well as several of the notable people who spent time with him, have died. Rep. James Comer, the Kentucky Republican leading the oversight committee, sent two referrals to the Justice Department this year based on testimony from Sarah Kellen, a former Epstein assistant. Kellen accused two men of sexual assault in separate encounters and said neither Epstein nor Maxwell helped facilitate them. The department does not comment on ongoing probes and need not act on referrals. Cases against Peter Nygard, Frank Stronach and Harvey Weinstein show how hard decades-old assault allegations are to prove.

Garcia also suggested that bringing back witnesses, this time under oath, could yield more. CBC News read the public committee transcripts and found the sessions often repetitive, with lawmakers repeating colleagues' questions. Witnesses were asked about a painting of Bill Clinton in a blue dress found in Epstein's New York townhouse and whether they had evidence that Epstein worked for Mossad or another foreign intelligence service. Most were also read a list of famous names. After her own interview, Hillary Clinton called the panel's approach a "fishing expedition."

On Monday, Democrats on the judiciary committee released a report compiling every damaging mention of Donald Trump in the Epstein files released so far, including allegations of sexual abuse and rape. One accuser, whose earlier claim of groping surfaced during the 2024 campaign, now alleges she was raped in 1993. A civil suit tied to allegations involving a young teen was twice dropped by the anonymous plaintiff's lawyers more than a decade ago. Trump has never been formally accused of a crime related to his friendship with Epstein, whom he describes as an acquaintance.

The report urged the appointment of a special counsel, a step only the attorney general can take. In a week, Democrats could hold more levers to pursue information they appear sincerely convinced they can find.