President Donald Trump listens as Attorney General Todd Blanche speaks during a roundtable in the White House East Room on Wednesday, Oct. 21, 2026, in Washington. (AP Photo/Alex Brandon).
The Trump administration secured a court victory Thursday after a federal judge ruled that U.S. Attorney General Todd Blanche does not have to sit for a deposition in a lawsuit filed by victims of Jeffrey Epstein.
In September 2024, a group of women who say Epstein sexually abused them sued the federal government under the Federal Tort Claims Act (FTCA), which allows a party to seek financial compensation. The plaintiffs, collectively identified as Jane Does, allege that federal agencies, including the FBI and Department of Justice, failed to properly investigate or respond to Epstein’s conduct across several administrations over the preceding decades.
The Trump administration, which has continued to oppose further Epstein-related disclosures, sought to have the case dismissed but was unsuccessful. In September, U.S. District Judge David S. Leibowitz, a Biden appointee, authorized 90 days of limited discovery. That process includes questions about how FBI rules and procedures for handling tips involving child sexual abuse are applied.
In early October, the women sought to subpoena Blanche, requesting “any and all documents pertaining to Jeffrey Epstein” and proposing a deposition later that month.
The Justice Department called the subpoena “extraordinary” and asked the court to quash it. The department argued that compelling Blanche’s testimony would “threaten the separation of powers, chill agency decision making, discourage public service, and create potential for abuse or harassment.”
The government also requested a protective order preventing Blanche from giving the requested testimony.
U.S. Magistrate Judge Ryon M. McCabe, who was assigned to the matter by Leibowitz, has now ruled in the government’s favor.
The court began by noting that, under the strict wording of the Federal Rules of Civil Procedure, it could not technically quash the subpoena. McCabe is sitting in southern Florida, while the subpoena requires compliance in New York City.
“A federal court in Florida cannot quash a subpoena that calls for compliance to take place in New York,” the eight-page order states.
That jurisdictional issue was largely procedural. The substantive result turned on the court’s decision to grant the protective order, based on two grounds supporting the government.
“[T]he Court finds that the Government has shown good cause for entry of a protective order,” McCabe wrote. “First, Plaintiffs’ duces tecum request for ‘any and all documents pertaining to Jeffrey Epstein’ goes far beyond the limited jurisdictional discovery permitted by the District Judge.”
The judge noted that Leibowitz had restricted discovery to “two discrete issues”: FBI rules and protocols for handling child-abuse allegations, and whether the Jane Does had exhausted the required administrative remedies.
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“The duces tecum request goes far afield of these topics,” McCabe wrote.
The court also relied on the “apex doctrine,” a separation-of-powers principle designed to protect “high-ranking government officials from judicial subpoenas for testimony except in rare circumstances.”
“To overcome the apex doctrine, the record must show ‘extraordinary circumstances’ or ‘special needs’ for compelling the appearance of a high-ranking officer in a judicial proceeding,” McCabe wrote. “Of significance here, the doctrine cannot be overcome where a claimant can obtain the desired testimony or information from alternative sources.”
In other words, the court concluded that Blanche was neither the best nor the only source for the information the plaintiffs are seeking.
“Here, Plaintiffs are still in the midst of the limited jurisdictional discovery allowed by the District Judge,” the order states. “They have not yet received responses to their written discovery, nor have they deposed the Government’s Rule 30(b)(6) witness(es). The Court has taken steps to expedite the outstanding discovery and will continue to do so to ensure Plaintiffs get the discovery they are due.”
McCabe’s ruling therefore represents a victory for the government, though it does not end the plaintiffs’ discovery efforts.
The judge pointed to a July meeting between Blanche and several Epstein victims, including many of the plaintiffs. During that meeting, Blanche “purportedly” said, “you got screwed over by the FBI, but I cannot fix the FBI’s lack of investigation.”
Because of that alleged statement, Blanche will have to respond to some questions. The court, however, ordered that he answer them in writing rather than through a deposition.
“In the Court’s view, these comments implicate matters potentially within the scope of the limited jurisdictional discovery allowed by the District Judge,” the order states. “As such, the Court will allow Plaintiffs to propound up to ten (10) interrogatories, pursuant to Rule 33, to be answered by Attorney General Blanche in his official capacity as an employee of the United States.”
The questions must be limited to “the comments allegedly made by Attorney General Blanche” during the July meeting, according to the order.
The government has 15 business days to respond to the interrogatories, the court ruled.
Conrad Hoyt contributed to this report.
The post ‘Apex doctrine’: Trump admin dodges deposition as court grants protective order for Todd Blanche in Epstein victims lawsuit, plaintiffs will get some limited discovery first appeared on Law & Crime.
