Justice Department calls the survivors' bid to depose Attorney General Blanche extraordinary and asks the court to quash it
United States Department of JusticeU.S. Department of Justice, through Assistant U.S. Attorneys in the Southern District of Florida, in a motion filed for the United States
In its motion to quash, the government says deposing a sitting cabinet official in civil litigation is almost always improper and that the survivors have not shown the circumstances that would allow it. It argues the subpoena goes beyond the court's limited discovery order.
Responding to
Attorney General Todd Blanche has no unique personal knowledge of the FBI policies or the administrative claims at issue in the limited jurisdictional discovery, so the survivors cannot show the extraordinary circumstances needed to depose him.
“Plaintiffs' request is extraordinary. The deposition of a sitting cabinet official in civil litigation is almost always improper, save for specific circumstances Plaintiffs come nowhere close to establishing.”
Original text
Where this statement fits
Epstein survivors subpoena Attorney General Todd Blanche in their suit against the FBI; the Justice Department calls the request extraordinary, and a magistrate judge blocks the deposition for now
A group of women who say Jeffrey Epstein abused them are suing the United States in federal court in Florida under the Federal Tort Claims Act. They allege the FBI negligently failed to act on tips and complaints about Epstein for years. The court has limited discovery for now to whether mandatory FBI policies governed how agents handled such reports, a question that decides whether the government is shielded from the suit. On or about October 9, 2026, the plaintiffs subpoenaed Attorney General Todd Blanche for a deposition in New York and for any and all documents about Epstein. Declarations filed by their lawyers and two plaintiffs say that at a July 16, 2026 meeting with survivors in Washington, Blanche said the FBI's case against Epstein was handled improperly before 2007 and told them they "got screwed over by the FBI." The Justice Department moved on October 26 to quash the subpoena, arguing that a sitting cabinet official may be deposed only in extraordinary circumstances and that Blanche has no unique knowledge of the issues in discovery. On November 5, Magistrate Judge Ryon M. McCabe entered a protective order barring the deposition until written discovery and the FBI's own witness deposition are complete, and allowed the plaintiffs to send Blanche up to ten written questions about his July 16 remarks. The government objected to that order on November 12, and the district judge ordered the plaintiffs to respond by November 16.
Source and context
Original text
About this source
The government's motion arguing that the subpoena for Blanche's deposition exceeds the court's limited discovery order and that the apex doctrine bars deposing a sitting cabinet official absent extraordinary circumstances.
Archived copy (opens in a new tab)Before the quotation
The motion asks the court to quash the subpoena that the plaintiffs served for Attorney General Todd Blanche and to enter a protective order.
After the quotation
The motion says courts of appeals have consistently vacated orders allowing agency heads to be deposed, and that such depositions would threaten the separation of powers, chill agency decision making and create potential for abuse or harassment.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The Justice Department argues that the subpoena is improper, that it exceeds the court's discovery order and that Blanche has no unique knowledge, and asks the court to quash it, so we labeled it defends or excuses.
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More from this case
Read the full caseKatie Phang says Blanche's remarks undercut the government's claim that the FBI had discretion
“If the FBI had discretion, then how did it fail to properly investigate?”Read statement
Magistrate Judge McCabe bars Blanche's deposition for now but lets the survivors ask him written questions
“At the conclusion of all written discovery and the upcoming Rule 30(b)(6) deposition, Plaintiffs may renew their request to depose Attorney General Blanche, upon a proper showing of "extraordinary circumstances" or "special needs" after the exhaustion of other available discovery methods. In the meantime, the Court GRANTS the Government's motion for entry of a protective order. The deposition may not proceed without further order of the Court.”Read statement
Survivors' lawyer Jennifer Plotkin says quashing the Blanche subpoena would let the government avert accountability
“Quashing this subpoena would again allow the Government avert accountability and transparency at the expense of the victims.”Read statement
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The Dispute Index. "Justice Department calls the survivors' bid to depose Attorney General Blanche extraordinary and asks the court to quash it". First published: 2026-11-15. Last updated: 2026-11-15. https://disputeindex.com/events/8989-in-its-motion-to-quash-the-government-says