Don't Count on "Inherent Contempt"

Congress Wants to Sanction DOJ Officials Over the Epstein Files; It Won't Be Easy

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I share the concerns of so many of you when it comes to the show and heavily redacted rollout of the Epstein files. The pressure is mounting and Epstein’s survivor’s have a powerful voice. It is, however, time for a reality check.

In response to the delayed rollout of the Epstein files, Rep. Ro Khanna and Rep. Thomas Massie will push for “inherent contempt” charges against Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, which could lead to a $5,000 per day fine until the Epstein files are fully released. But don’t count on it to happen.

As I discussed on MS NOW yesterday, while Reps. Ro Khanna and Thomas Massie are trying to dust off a power last used in 1934, the reality of 2025 will quickly collide with some imposing walls.

1. The Math Question

Passing a transparency bill is easy; finding the votes to personally fine or detain a Cabinet official is another matter. Democrats warned Republicans in 2024 of the dangerous precedent of going down this road when the GOP tried it against AG Merrick Garland in 2024. That attempt failed even with a GOP majority because Members of Congress feared breaking that seal.

2. A Century of Dust

Legally, inherent contempt still exists, but it has been dormant for nearly 100 years. In 2025, the idea of the Sergeant-at-Arms knocking on the Attorney General’s door to collect a fine is closer to historical reenactment than a modern possibility.

3. SCOTUS

Even if the House pulls the trigger, this Supreme Court has given extreme deference to executive power. There is little chance they would allow the legislative branch to start self-executing $5,000-a-day punishments against the President’s top deputies.

4. Too Many Loopholes in the Epstein Act

The Epstein Files Transparency Act was drafted to ensure bipartisan passage, but it is riddled with loopholes and, importantly, is bereft of any enforcement mechanism. If there’s no bite in the law itself, you can’t be surprised when the Trump administration is using every mechanism to slow roll the disclosures.

The real tragedy is that this “drip, drip, drip” of information only fuels more conspiracy theories and further damages public trust in our institutions. Ultimately, this isn’t a shortcut to the truth; it’s a self-inflicted wound by the White House and a missed opportunity by Congress to write a tighter law.

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— Dave, AKA Florida LawMan