On Monday, Trump stated that he would sign the Epstein Files Transparency Act (EFTA) if Congress passes it. See NYTimes, Trump Bows to Reality on Epstein Files Vote, in a Rare Retreat.
Per the Times,
Faced with a mass defection on a bill to demand the release of the Epstein files, the president rushed to avoid an embarrassing loss, suggesting a slip in his iron grip on the G.O.P.
By Monday, he was saying, “Sure,” he would sign the legislation he has spent months trying to kill.
The EFTA will pass in the House on Tuesday. The only question is how big the margin of victory will be—and whether it will exceed the veto-override margin (290 out of 435). At least one Republican is predicting that the margin of support for the bill will far exceed 290 votes.
That leaves two obstacles to the release of the files: A vote in the Senate and the good faith cooperation of the Department of Justice.
Senate Majority John Thune has said that he would not allow the EFTA to come to the floor for a vote. But late Monday, Senate Republicans began to express their support for passage of the bill—including Tommy Tuberville.1 Whether that single drip will turn into a flood of deserters remains to be seen. But the tide is turning against Trump in Congress.
The Department of Justice could withhold documents under the exemptions in the EFTA that permit withholding documents that “narrowly and temporarily” relate to “active” investigations. I discussed the exemption to disclosure and its limited applicability in yesterday’s newsletter.
To the extent that readers expressed their reaction to the news of Trump’s change of position regarding the release of files, almost all stated that they believed Trump would veto the bill if passed (he just said he would sign it), said that the Senate would not pass it (developing evidence suggests otherwise, although the result is far from certain), and said that that the DOJ would either refuse to release the files or would destroy evidence relating to Trump.
While I am not asking anyone to believe in the Easter Bunny or Santa Claus, I do not understand the immediate compulsion to dismiss the significance of a political victory against Trump. The thing that Trump hates most in life is to admit defeat. He did so on Sunday, and then again on Monday. We did that. We deserve to take credit and celebrate the fact that we have weakened Trump politically.
Republicans see an opening to distance themselves from Trump and are rushing for the exits—at least on this issue. That is consequential—standing alone. Whether we will succeed in securing the full release of the entirety of the DOJ’s investigative file regarding Epstein is a different question.
To secure that ultimate justice for the victims, we must not relent. We must continue to push for the release of the files. If we tell people securing the release of the files is a lost cause, they might believe us and give up. That would be bad.
There is a fine line between being realistic and being an issue spotter who explains all the ways we can lose. We have all the issue spotters we need. See, e.g., the Internet. What we need are people who believe in the righteousness of our cause and who are willing to continue the fight despite the long odds.
The fight over the release of the Epstein files is not over. Not by a long shot. But rather than prematurely declaring defeat, let’s keep up the momentum of our victories over the last 48 hours—and those victories to come this week.
And finally, to those who predict defeat by claiming that Trump or Bondi will destroy evidence that incriminates Trump, you posit an outcome for which there is no answer. We can always say, “No use in trying because they will destroy the evidence.” If that is true, why should we continue our effort to secure justice for the victims of Epstein’s crimes?
But as a practical matter, it is too late for Trump or Bondi to destroy evidence. Literally thousands of FBI and DOJ agents and attorneys have (collectively) seen the damaging evidence. See MSN, (7/21/2025), FBI deployed 1,000 agents to search Epstein files for Trump mentions, whistleblower says.
Moreover, the DOJ had an ongoing investigation into Jeffrey Epstein when Trump became president in January of this year. Although Trump has now fired most of the attorneys who were working on the investigation (including Maurene Comey), those attorneys undoubtedly know what incriminating documents existed in the files when they were fired. See Politico, Maurene Comey, daughter of James Comey and prosecutor of Jeffrey Epstein, is fired.
If documents known to incriminate Trump are not included in the disclosure by the DOJ pursuant to the EFTA, many people will notice their absence—and raise a red flag.
Of course, we haven’t secured the release of the documents, and there are obstacles yet to be overcome. We will succeed only if we keep up the pressure. While we should be realistic about the obstacles we face and the possibility of obstruction of justice by Pam Bondi or Trump, those obstacles and illegal obstruction do not excuse us from continuing the fight.
As I said, there is a fine line between being realistic and telling people to give up hope. I haven’t given up the hope of achieving justice for Epstein’s survivors—and I ask you not to give up hope, either. Check out ReleaseTheEpsteinFiles.org
Federal judge indicates that DOJ committed “misconduct” in obtaining indictment of James Comey
Disclosures in the prosecutions of James Comey and Letitia James have revealed gross misconduct by acting US Attorney Lindsey Halligan in securing their indictments.
See The New York Times, Judge Says Justice Dept. May Have Committed Misconduct in Comey Case. (Accessible to all.)
As explained by the Times, Comey’s defense team is seeking to dismiss the indictment on grounds of government misconduct. Comey sought and obtained disclosure of acting Attorney General Lindsey Halligan’s presentation to the grand jury that issued the indictment.
The judge was stunned by Halligan’s presentation. In a 24-page ruling, US Magistrate Judge Fitzpatrick ordered Halligan to provide to Comey’s defense team all materials they have requested in their effort to prove prosecutorial misconduct. The ruling is here: US v. Comey | Memorandum Opinion | 2025-11-17.
For context, magistrate judges are appointed by federal district judges for a fixed term to assist the US district judges in pretrial matters. Findings and recommendations by magistrate judges are reviewable by the federal district judges to whom they are “assigned.” However, federal judges frequently show deference to recommendations (orders) by magistrate judges, who often have experience as assistant U.S. attorneys or federal public defenders.
Per the NYTimes,
In his ruling, Judge Fitzpatrick said that when Ms. Halligan appeared — by herself — in front of the grand jury in September to seek an indictment accusing Mr. Comey of lying to and obstructing Congress in 2020 testimony, she made at least two “fundamental and highly prejudicial” misstatements of the law. He also pointed out that the grand jury materials he ordered her to turn over to him for his review this month appeared to be incomplete and “likely do not reflect the full proceedings.”
“The court is finding that the government’s actions in this case — whether purposeful, reckless or negligent — raise genuine issues of misconduct, are inextricably linked to the government’s grand jury presentation and deserve to be fully explored by the defense,” Judge Fitzpatrick wrote.
Judge Fitzpatrick’s order notes that Halligan made two egregious errors. First, she suggested that James Comey did not have a Fifth Amendment right to refuse to testify in his defense. Second, in a statement that Judge Fitzpatrick called “astonishing,” Halligan told the grand jury that they did not have to rely solely “on the record before them” but instead “could be assured the government had more evidence — perhaps better evidence — that would be presented at trial.”
If true, the indictment against Comey is the product of prosecutorial misconduct and must be dismissed. Moreover, Lindsey Halligan’s license to practice law should be revoked.
Similar disturbing allegations are surfacing in the prosecution of NY Attorney General Letitia James. In her motion to dismiss, Letitia James presented evidence and argument suggesting that Trump administration officials unlawfully accessed private information relating to her home mortgage and forwarded that tainted evidence to federal prosecutors. See Reuters, Fannie Mae officials saw no evidence of mortgage fraud against Letitia James, filing shows.
Per the Reuters article, fraud investigators at Fannie Mae (a federal mortgage insurer) advised the Federal Home Finance Agency that there was not “clear and convincing” proof of fraud by Letitia James. Undeterred, the head of the Federal Housing Finance Agency, Bill Pulte, apparently accessed private information in Fannie Mae’s files and made calculations regarding Letitia James’s home loan.
Those exact calculations were forwarded to Lindsey Halligan, who presented them directly to the grand jury. Thus, the grand jury considered evidence that was unlawfully obtained by Bill Pulte in violation of Letitia James’ federal privacy rights in financial information collected by Fannie Mae.
Per the Reuters article, James argued
Director Pulte abused his position as FHFA Director to direct an investigation of AG James, outside of the normal processes and rules governing the agency, despite being told repeatedly that there was no evidence of wrongdoing.
The DOJ also failed to provide James with the evidence required to be disclosed to defendants pursuant to the federal criminal code. If true, the failure to turn over constitutionally mandated discovery is grounds for Lindsey Halligan to be disbarred.
Opportunities for Reader Engagement
Note to readers attending the Latino Victory / Onward Together event in NYC on November 18:
Jill and I will stay after the event in the foyer / in front of the theater to say hello and “thank you” to readers who attend the event.
Join Senate Circle and Progress Iowa to Launch Accountability Campaign for Ashley Hinson, Iowa’s Presumptive Republican US Senate Nominee
Please join Senate Circle and Progress Iowa for a fundraiser tonight, November 18, at 5:00 p.m. Pacific / 8:00 p.m. Eastern to launch an accountability campaign targeting the presumptive Republican nominee, US Rep. Ashley Hinson (IA-02). We will hear directly from Progress Iowa’s Executive Director Mazie Stilwell and Messaging Director Katy Siddall about their methodical and data-driven approach to messaging. As a special bonus, we will hear from What’s Eating Gilbert Grape author Peter Hedges who went to the same high school as Hinson in Iowa.
When: November 18 at 8:00 pm Eastern/ 5:00 pm Pacific on Zoom
Where: Sign up for the Zoom or donate any amount to Progress Iowa: Flip Iowa’s US Senate Seat: Hold Presumptive Republican Nominee Rep. Ashley Hinson Accountable
Big Tent USA / The Bulwark
Join BigTentUSA on Wednesday, November 19 at 5pm ET for a dynamic post-election debrief featuring Sarah Longwell, publisher of The Bulwark and host of The Focus Group podcast — joined by Rachel Janfaza, journalist and founder of The Up and Up newsletter, and Lis Smith, political strategist.
Together, they’ll break down the vibes behind the numbers: what motivated voters in 2025, what caught even seasoned experts off guard, and how these results are reshaping the political landscape heading into 2026.
Sarah will share insights from her latest focus groups, revealing how voters are processing issues like the economy, democracy, and polarization — and why so many Americans feel both hopeful and exhausted by politics. With added perspective from Rachel and Lis, we’ll explore what these attitudes mean for both parties and for the broader effort to strengthen our democracy and civic trust.
Please use this link to register.
Concluding Thoughts
If Trump or Attorney General Pam Bondi fail to follow through on Trump’s support for the release of the Epstein files, he will continue to suffer decreasing support among his MAGA base, persuadable independents, women, and the conspiracy theory podcast caucus (largely younger men).
The files will eventually be released; it is just a question of time. If not under Trump, then under the next president. That inevitability is a powerful force that is both hastening the day of disclosure and making those who oppose disclosure look like they are protecting pedophiles, rapists, and sex traffickers.
The momentum for disclosure is gaining traction. Let’s build on that momentum by demanding disclosure and focusing on the perpetrators at protests and rallies. We have arrived at this remarkable moment because 75% of Americans support full disclosure of the Epstein files. Few issues in American political life gain that level of consensus. Here, the consensus developed because grassroots activist made it an integral part of their messaging.
We have more work to do, but victory is in sight. Now is not the moment to doubt or falter. Instead, let’s redouble our efforts and let Trump and his enablers react. We have them on the run. Let’s keep it that way!
Pro-democracy protest photos
Burlington, MA, ICE protests
Lawrence, MA:
I’m sending a few photos that illustrate a slightly different angle on taking it to the streets. A small group of Merrimack Valley residents have been showing up since the summer for an hour during rush hour in Lawrence, MA - a majority Latino city. The goal is to publicly show our support for immigrants in our community. Signs are in English and Spanish, and when drivers read our messages they break into hugh smiles and offer thank yous and thumbs ups. They feel seen and it’s a beautiful way to spread some love in a community that has been terrorized by ICE.
Evanston, Ill:
About 40 local residents showed up to thank Northwestern University of Evanston, Il faculty for outspokenly resisting the Trump admin and to urge the administration of the university not to cave in to Trump admin demands. We want the education pillar of authoritarianism to be broken and not help hold up an autocratic govt. So far, NU has not caved, but an activist professor at the demonstration informed us that in total defiance of all the faculty, the administration at NU is in active negotiations with the Trump admin for some kind of “deal,” which will likely be announced shortly.
Oakland, CA
This morning’s Visibility Brigade was meant to be one of hope, after the Dems in the Senate let us down. This is a heavily trafficed area with folks on their way to school, so we also have signs for that side of the road. Lots of honks and waves!
Hyannis, MA, Airport Rotary Saturday
Sponsored by Women for Change/ MidCape Indivisible. Coldish temperatures but like-minded spirits were high.
This statement is based on reporting on Rachel Maddow’s program on Monday evening, which presented the Tuberville vote as a “breaking news” development. I cannot find a corroborating source.
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