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Todd Blanche Avoids Deposition as Federal Judge Sides With DOJ in Epstein Survivors' Lawsuit (11/7/26)
Published 5 hours ago
Description
The Trump administration secured a significant legal victory in its ongoing battle with Jeffrey Epstein survivors after a federal magistrate judge granted a protective order preventing Attorney General Todd Blanche from being compelled to testify under oath in their lawsuit against the federal government. In a November 5, 2026, ruling, U.S. Magistrate Judge Ryon McCabe sided with the Justice Department's argument that Blanche was protected by the apex doctrine, which generally shields high-ranking government officials from depositions unless extraordinary circumstances justify compelling their testimony. The survivors had subpoenaed Blanche following a July meeting during which he allegedly acknowledged that the FBI had failed to properly investigate Epstein, telling victims that they had been failed by the bureau but that he could not correct its lack of investigation. Their attorneys argued that these statements gave Blanche unique knowledge about the government's historical failures and made his testimony essential to determining whether federal agents violated mandatory investigative policies. McCabe disagreed, concluding that the survivors had not exhausted alternative methods of obtaining the information, including written discovery and testimony from designated government witnesses. The judge also determined that the survivors' demand for all documents concerning Jeffrey Epstein exceeded the narrow discovery previously authorized by U.S. District Judge David Leibowitz, which was restricted to FBI policies governing child sexual abuse complaints and whether the plaintiffs had exhausted their administrative remedies. Although McCabe explained that his Florida court lacked jurisdiction to formally quash a subpoena requiring compliance in New York, the protective order effectively prevented Blanche's deposition and delivered the administration the result it sought.
However, the ruling was not a complete victory for the Justice Department, because McCabe also determined that Blanche's alleged statements to Epstein survivors warranted further examination. The judge authorized the plaintiffs to submit up to ten written interrogatories directly to Blanche in his official capacity, specifically addressing comments he allegedly made during the July 16 meeting about the FBI's mishandling of Epstein's case before 2007. Blanche must respond within 15 days of receiving those questions, creating a limited avenue for survivors to obtain answers from the attorney general despite the government's successful effort to prevent an in-person deposition. McCabe also ordered the Justice Department to begin producing documents once a confidentiality agreement is established, respond to outstanding discovery requests, and coordinate the deposition of a designated government witness. The parties were instructed to resolve the confidentiality arrangement and schedule that deposition by November 11. Importantly, the judge left open the possibility that survivors could renew their request to depose Blanche after exhausting other discovery methods, provided they demonstrate the extraordinary circumstances required to overcome the apex doctrine. The decision therefore temporarily shields Blanche from questioning under oath while preserving a narrower path for investigating his alleged acknowledgment of the FBI's failures. For survivors who have spent years challenging the government's handling of Epstein, the ruling represents another significant obstacle in their effort to obtain direct testimony.
to contact me:
bobbycapucci@protonmail.com
source:
Trump admin dodges deposition for Todd Blanche over Epstein