'Apex doctrine': Trump admin dodges deposition as court grants protective order for Todd Blanche in Epstein victims lawsuit, plaintiffs will get some limited discovery

President Donald Trump listens arsenic Attorney General Todd Blanche speaks astatine a roundtable lawsuit successful the East Room of the White House, Wednesday, Oct. 21, 2026, successful Washington (AP Photo/Alex Brandon).

The Trump administration scored a triumph connected Thursday arsenic a national tribunal ruled U.S. Attorney General Todd Blanche volition not person to beryllium for a deposition successful a suit brought by victims of Jeffrey Epstein.

In September 2024, a radical of women alleging they were abused by Epstein filed a ailment against the U.S. authorities nether the Federal Tort Claims Act (FTCA), which allows a party to writer for fiscal compensation. The women, referred to collectively arsenic Jane Does, contend that agencies specified arsenic the FBI and U.S. Department of Justice — nether antithetic administrations successful the preceding decades — did not decently grip oregon analyse the Epstein scandal.

The Trump administration, successful keeping with its long-running absorption to Epstein-related revelations, moved to disregard the suit and lost. In September, U.S. District Judge David S. Leibowitz, a Joe Biden appointee, granted a 90-day model for constricted find — including connected the circumstantial contented of however FBI rules and protocols concerning kid intersexual maltreatment tips are handled by the bureau.

In aboriginal October, the women moved to subpoena Blanche, asking for "any and each documents pertaining to Jeffrey Epstein," and with a projected deposition day for aboriginal that aforesaid month.

The DOJ, in response, called the subpoena "extraordinary" and moved to quash connected the grounds it would "threaten the separation of powers, chill bureau determination making, discourage nationalist service, and make imaginable for maltreatment oregon harassment."

The authorities besides requested a protective bid barring Blanche from providing the grounds successful question.

Now, U.S. Magistrate Judge Ryon M. McCabe, who was assigned by Leibowitz, has ruled successful the DOJ's favor.

The tribunal began its investigation by noting that, successful the strictest consciousness of the Federal Rules of Civil Procedure, the question to quash cannot beryllium granted due to the fact that the justice himself is sitting successful confederate Florida portion the subpoena has to bash with the jurisdiction of New York City.

"A national tribunal successful Florida cannot quash a subpoena that calls for compliance to instrumentality spot successful New York," the eight-page order reads.

But ruling connected the question to quash is fundamentally a formality. The existent result was decided erstwhile the tribunal granted the protective bid — and identified 2 reasons to broadside with the government.

"[T]he Court finds that the Government has shown bully origin for introduction of a protective order," the justice writes. "First, Plaintiffs' duces tecum petition for 'any and each documents pertaining to Jeffrey Epstein' goes acold beyond the constricted jurisdictional find permitted by the District Judge."

The justice goes connected to enactment that Leibowitz antecedently cabined find connected the "two discrete issues" of FBI rules and protocols related to kid maltreatment mentioned above, arsenic good arsenic the exhaustion of administrative remedies by the Jane Does.

"The duces tecum petition goes acold afield of these topics," McCabe goes on.

The tribunal besides sided with the authorities based connected the "apex doctrine." This separation-of-powers-based doctrine is intended to support "high-ranking authorities officials from judicial subpoenas for grounds but successful uncommon circumstances."

"To flooded the apex doctrine, the grounds indispensable amusement 'extraordinary circumstances' oregon 'special needs' for compelling the quality of a high-ranking serviceman successful a judicial proceeding," the justice continues. "Of value here, the doctrine cannot beryllium flooded wherever a claimant tin get the desired grounds oregon accusation from alternate sources."

That is, the tribunal simply does not deliberation Blanche is the champion oregon lone root of the requested information.

"Here, Plaintiffs are inactive successful the midst of the constricted jurisdictional find allowed by the District Judge," the tribunal explains. "They person not yet received responses to their written discovery, nor person they deposed the Government's Rule 30(b)(6) witness(es). The Court has taken steps to expedite the outstanding find and volition proceed to bash truthful to guarantee Plaintiffs get the find they are due."

To that end, McCabe's bid is simply a triumph for the government, but not a implicit one.

The justice besides notes that Blanche, during a July gathering with respective Epstein victims, including galore of the plaintiffs, "purportedly" said "you got screwed implicit by the FBI, but I cannot hole the FBI's deficiency of investigation."

Because of that comment, Blanche indispensable reply immoderate questions — but helium volition beryllium allowed to bash truthful successful writing.

"In the Court's view, these comments implicate matters perchance wrong the scope of the constricted jurisdictional find allowed by the District Judge," the bid goes on. "As such, the Court volition let Plaintiffs to propound up to 10 (10) interrogatories, pursuant to Rule 33, to beryllium answered by Attorney General Blanche successful his authoritative capableness arsenic an worker of the United States."

The "scope" of those questions indispensable beryllium constricted "to the comments allegedly made by Attorney General Blanche" during the meeting, the bid notes.

The authorities volition person 15 concern days to reply the interrogatories, the tribunal ruled.

Conrad Hoyt contributed to this report.

The station 'Apex doctrine': Trump admin dodges deposition arsenic tribunal grants protective bid for Todd Blanche successful Epstein victims lawsuit, plaintiffs volition get immoderate constricted discovery archetypal appeared connected Law & Crime.