The DOJ Moves To Dismiss The Epstein Related Lawsuit Filed By New Mexico (Part 1) (10/18/26)

The filing was the Justice Department’s October 12, 2026 memorandum asking the federal court to dismiss New Mexico’s lawsuit over access to unredacted Jeffrey Epstein records or, alternatively, grant summary judgment in DOJ’s favor. The department acknowledged that New Mexico had begun investigating possible crimes at Epstein’s Zorro Ranch in 2019, had turned its investigative material over to federal prosecutors, and had agreed to refer matters to the Southern District of New York with the understanding that state-related matters would later be referred back to New Mexico. DOJ also acknowledged that no such referrals had been made. After New Mexico reopened its Zorro Ranch investigation in February 2026, it sought unredacted federal records to identify witnesses, possible unindicted perpetrators, travel movements and potential state crimes. DOJ rejected the request, arguing that New Mexico had effectively demanded access to millions of pages of Epstein material rather than narrowly tailored records connected specifically to New Mexico.

DOJ’s central argument was that New Mexico could not use the Administrative Procedure Act to force the federal government to share investigative information because law-enforcement-to-law-enforcement disclosure was discretionary, not legally mandatory. Even if the judge reached the merits, DOJ argued that its refusal was reasonable because releasing the requested material could violate victim-protection orders entered in the Epstein and Maxwell cases, the Privacy Act, grand-jury secrecy rules and statutes protecting child-victim information, financial records and certain investigative materials. The department also argued that disclosure could expose investigative techniques or interfere with continuing law-enforcement efforts, while emphasizing that New Mexico’s request was overly broad and was not tied to an existing criminal prosecution or judicial proceeding. In short, DOJ was asking the court to reject New Mexico’s attempt to compel access to the unredacted Epstein files, arguing that federal law gave DOJ the authority to decide what information it would share and that the state had no enforceable right to demand the entire investigative record.

to contact me:

bobbycapucci@protonmail.com

source:

gov.uscourts.dcd.295266.8.1.pdf