The lesson for Democrats is that they should force confrontations, especially when they drive a wedge into the GOP base.
Speaker of the House Mike Johnson (R-LA) leaves the House Republican Conference caucus meeting in the US Capitol on July 22, 2025.
(Bill Clark / CQ-Roll Call, Inc via Getty Images)
After programming its legislative calendar and staging committee hearings to feed conspiracy theories and persecution fantasies, the 119th Congress appears to be grinding to a halt over the threatened release of documents relating to the Jeffrey Epstein case. Late Monday night, the House rules committee collapsed into chaos as GOP leaders blocked a bipartisan resolution directing the Department of Justice and the FBI to make public the long-debated but stubbornly stationary âEpstein files.â
The standstill came about because the resolutionâcosponsored by Republican Thomas Massie of Kentucky and Democrat Ro Khanna of Californiaâexplictly calls for the Trump White House to secure the documentsâ release, while a competing GOP measure expresses just a feeble wish. âTheir Epstein bill resolution is nonbinding, so itâs kind of fake,â said Massie, who is facing a MAGA primary challenge over his refusal to vote for Trumpâs massive spending bill. âThe resolution I have with Khanna would be binding on the president.â
Massie and Khanna had been seeking to have their resolution go to a vote on a discharge petitionâa measure that, should it win backing on the rules panel, would proceed directly to a floor vote with 218 signatures from House members supporting it. The prospect of a protracted, and possibly losing, fight over a discharge petition sent the Houseâs Republican leadership into paralysis.
In other words, the specter of actually using their subpoena power in a substantive way has House GOP leaders shutting down the works altogether. The House had been scheduled to go into summer recess this Thursday, but the meltdown over the Epstein controversy has shut down all business before the rules committeeâmeaning that the recess effectively starts now, since the committee sets the pending voting schedule for the House. Early Monday, House Speaker Mike Johnson made the state of legislative collapse official, and sent the House packing off to recess ahead of schedule.
In the aftermath of the latest Epstein debacle, House Republicans are waving their hands wildly in whatâs become the standard MAGA reply to further Epstein inquiries. âLook, Democrats are yelling and screaming,â said majority leader Steve Scalise, blithely overlooking how his conference has transformed yelling and screaming into the chamberâs MO. Scalise then went into âHey, look over there!â mode, referencing last weekâs symbolic legal action from Trumpâs Justice Department to release redacted federal grand jury testimony relating to the Epstein prosecution in the Southern District of New York. âPresident Trumpâs in the courts right now trying to get documents released, and I really think youâre gonna see, hopefully, a lot unsealed from that and then weâve got some other options.â
But grand jury testimony, by definition, doesnât represent deep investigative work or a conclusive legal verdict; thereâs a reason, after all, that prosecutors have long bragged that they can get grand juries to indict a ham sandwich. Former New York federal prosecutor Sarah Krissoff told the Associated Press that any released testimony would cover only the most cursory legal ground. âThe Southern District of New Yorkâs practice is to put as little information as possible into the grand jury,â she said. âThey basically spoon feed the indictment to the grand jury. Thatâs what weâre going to see. I just think itâs not going to be that interesting.â
That House leaders are relying on this Trump gimmick to deflect attention away from future Epstein disclosures only fuels the growing suspicion and speculation surrounding the GOPâs slow-walking of Epstein materialâparticularly after the MAGA mediasphere has loudly and righteously called for full Epstein transparency for years. And itâs far from a good look for the GOPâs Epstein avoidance playbook to put the House into a self-induced legislative coma at a moment when members are pressing to get signature bills in motion ahead of Thursdayâs scheduled recess, including yet another measure to increase criminal penalties for undocumented immigration. With the rules committee effectively locked down, the House can only vote on extremely low-profile and noncontroversial legislation, such as a pending bill to expand zip codesâsomething that also fails to register as robust engagement with the peopleâs business as members fan out to their home districts for town hall meetings and fundraising appeals.
Democrats have largely lucked into a sound strategic position on the Epstein front thanks to growing fissures within the conservative movementâyet this moment provides a teachable moment for an opposition party still desperately seeking to reclaim political relevance. As the Trump White House continues its lawless assault on basic freedoms and institutions, Democrats have mostly made a theatrical show of sitting on their hands. The latest installment in this slough of despond came last week, when House Democrats rolled over for the White Houseâs punitive set of rescissions in the federal budget, targeting funding for NPR, PBS, and the already eviscerated US Agency for International Development. As the measure neared the end-of-week deadline for rescissions imposed by the Impoundment Control Act, Democrats instead elected, yet again, to make it appear that they were keeping their powder dry for another deferred future confrontation with the Trump White House. Per a report in Axios, House Democratic leaders advised members that forcing the chamber to breach the deadline âwould not have the kind of kill-shot effect some believed.â
But you donât have to go back far in the sorry litany of Trump wins in Congress to see Democrats rally to the same dubious and defeatist reasoning: It was essentially the same case that Senate minority leader Chuck Schumer made when he refused to use the leverage of a pending budget deadline to extract meaningful concessions from the Republican conference. Schumerâs reasoning back then was that Democrats had to focus on the major spending cuts Trumpâs White House was going to cram into its major spending billâand that strategy has since been exposed as an abject failure. Democrats made the same extenuating arguments to avoid dealing with successive impeachment resolutions drafted by Representative Shri Thanedar of Michigan and Al Green of Texas; the true fight was elsewhere, they insisted, and they needed to husband their resources in the minority to make their votes count when it really mattered.
Yet the Epstein fracas makes it clear that the way to effectively wield power in Congress is to force confrontations, particularly when they drive a wedge into the base of the governing party. The same logic thatâs inadvertently helped Democrats foment discord within the brittle MAGA coalition could have been employed on many other fronts. In addition to the Democratsâ woeful showing on major budget measures, they also folded on demagogic legislation like the Laken Riley Act, which introduced a regime of brutal immigration crackdowns that are proving to be massively unpopular, and on the bribe-legalizing provisions and deregulatory boons extended to crypto scammers under the farcically named GENIUS Act. One can only pray that the procedural muscle theyâve flexed over the Epstein resolutions wonât once more atrophy when Congress returns in the fall to confront its next budget deadline.