Could Trump destroy the Epstein files?

WASHINGTON — In political exile at his mansion in Florida, under investigation for possessing highly classified documents, Donald Trump summoned his lawyer in 2022 for a fateful conversation. A folder had been compiled with 38 documents that should have been returned to the federal government. But Trump had other ideas.

Making a plucking motion, Trump suggested his attorney, Evan Corcoran, remove the most incriminating material. "Why don't you take them with you to your hotel room, and if there's anything really bad in there, like, you know, pluck it out," Corcoran memorialized in a series of notes that surfaced during criminal proceedings.

Trump's purported willingness to conceal evidence from law enforcement as a private citizen is now fueling concern on Capitol Hill that his efforts to thwart the release of Justice Department files in the Jeffrey Epstein investigation could lead to similar obstructive efforts — this time wielding the powers of the presidency.

Since resuming office in January, Trump has opposed releasing files from the federal probe into the conduct of his former friend, a convicted sex offender and alleged sex trafficker who is believed to have abused more than 200 women and girls. But bipartisan fervor has only grown over the case, with House lawmakers across party lines expected to unite behind a bill on Tuesday that would compel the release of the documents.

Last week, facing intensifying public pressure, the House Oversight Committee released over 20,000 files from Epstein's estate that referenced Trump more than 1,000 times.

Those files, which included emails from Epstein himself, showed the notorious financier believed that Trump had intimate knowledge of his criminal conduct. "He knew about the girls," Epstein wrote, referring to Trump as the "dog that hasn't barked."

Rep. Dave Min, D-Irvine, a member of the oversight committee, noted Trump could order the release of the Justice Department files without any action from Congress.

"The fact that he has not done so, coupled with his long and well documented history of lying and obstructing justice, raises serious concerns that he is still trying to stop this investigation," Min said in an interview, "either by trying to persuade Senate Republicans to vote against the release or through other mechanisms."

A spokesperson for Sen. Adam Schiff, D-Calif., said that altering or destroying portions of the Epstein files "would violate a wide range of federal laws."

"The senator is certainly concerned that Donald Trump, who was investigated and indicted for obstruction, will persist in trying to stonewall and otherwise prevent the full release of all the documents and information in the U.S. government's possession," the spokesperson said, "even if the law is passed with overwhelming bipartisan support."

After the House votes on the bill, titled the Epstein Files Transparency Act, bipartisan support in the Senate would be required to pass the measure. Trump would then have to sign it into law.

Trump encouraged Republican House members to support it over the weekend after enough GOP lawmakers broke ranks last week to compel a vote, overriding opposition from the speaker of the House. Still, it is unclear whether the president will support the measure as it proceeds to his desk.

On Monday, Trump said he would sign the bill if it ultimately passes. "Let the Senate look at it," he told reporters.

The bill prohibits the attorney general, Pam Bondi, from withholding, delaying or redacting the publication of "any record, document, communication, or investigative material on the basis of embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary."

But caveats in the bill could provide Trump and Bondi with loopholes to keep records related to the president concealed.

"Because DOJ possesses and controls these files, it is far from certain that a vote to disclose 'the Epstein files' will include documents pertaining to Donald Trump," said Barbara McQuade, who served as the United States attorney for the eastern district of Michigan from 2010 until 2017, when Trump requested a slew of resignations from U.S. attorneys.

Already, this past spring, FBI Director Kash Patel directed a Freedom of Information Act team to work with hundreds of agents to comb through the entire trove of files from the investigation, and directed them to redact references to Trump, citing his status as a private citizen with privacy protections when the probe first launched in 2006, Bloomberg reported at the time.

"It would be improper for Trump to order the documents destroyed, but Bondi could redact or remove some in the name of grand jury secrecy or privacy laws," McQuade added. "As long as there's a pending criminal investigation, I think she can either block disclosure of the entire file or block disclosure of individuals who are not being charged, including Trump."

Destroying the documents would be a taller task, and "would need a loyal secretary or equivalent," said Rhodri Jeffreys-Jones, a professor emeritus and FBI historian at the University of Edinburgh.

Jeffreys-Jones recalled J. Edgar Hoover's assistant, Helen Gandy, spending weeks at his home destroying the famed FBI director's personal file on the dirty secrets of America's rich and powerful.

It would also be illegal, scholars say, pointing to the Federal Records Act that prohibits anyone — including presidents — from destroying government documents.

After President Nixon attempted to assert executive authority over a collection of incriminating tapes that would ultimately end his presidency, Congress passed the Presidential Recordings and Materials Preservation Act, asserting that government documents and presidential records are federal property. Courts have repeatedly upheld the law.

While presidents are immune from prosecution over their official conduct, ordering the destruction of documents from a criminal investigation would not fall under presidential duties, legal scholars said, exposing Trump to charges of obstructing justice if he were to do so.

"Multiple federal laws bar anyone, including the president or those around him, from destroying or altering material contained in the Epstein files, including various federal record-keeping laws and criminal statutes. But that doesn't mean that Trump or his cronies won't consider trying," said Norm Eisen, who served as chief ethics lawyer for President Obama and counsel for the House Judiciary Committee during Trump's first impeachment trial.

The Democracy Defenders Fund, a nonprofit organization co-founded by Eisen, has sued the Trump administration for all records in the Epstein investigation related to Trump, warning that "court supervision is needed" to ensure Trump doesn't attempt to subvert a lawful directive to release them.

"Perhaps the greatest danger is not altering documents but wrongly withholding them or producing and redacting them," Eisen added. "Those are both issues that we can get at in our litigation, and where court supervision can be valuable."

Jeffreys-Jones also said that Trump may attempt to order redactions based on claims of national security. But "this might be unconvincing for two reasons," he said.

"Trump was not yet president at the time," he said, and "it would raise ancillary questions if redactions did not operate in the case of President Clinton."

Last week, Trump directed the Justice Department to investigate Epstein's ties to Democratic figures, including Clinton, former Treasury Secretary Larry Summers, and Reid Hoffman, LinkedIn's co-founder and a major Democratic donor.

He made no request for the department to similarly investigate Republicans.

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—Times staff writer Ana Ceballos contributed to this report.