Magistrate Judge McCabe bars Blanche's deposition for now but lets the survivors ask him written questions
Ryon M. McCabeU.S. magistrate judge for the Southern District of Florida, in an order on the government's motion
McCabe grants the government's request for a protective order, saying the record does not yet show the extraordinary circumstances needed to depose a high-ranking official. He allows the plaintiffs to send Blanche up to ten interrogatories about his July 16 remarks and lets them renew the deposition request after other discovery is done.
“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.”
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.
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Original text
About this source
McCabe's order after the November 4 hearing. It declines to quash the subpoena because compliance was set in New York, enters a protective order barring the deposition for now under the apex doctrine, and allows up to ten written interrogatories to Blanche about his remarks at the July 16 meeting.
Archived copy (opens in a new tab)Before the quotation
McCabe writes that the Florida court cannot quash a subpoena that calls for compliance in New York, that the request for any and all documents about Epstein goes beyond the limited discovery allowed, and that Blanche's reported remarks implicate matters potentially within that discovery. He allows up to ten interrogatories limited to those remarks, to be answered within 15 days.
After the quotation
The order grants the motion in part and denies it in part, and declines to shift fees, finding that both sides were substantially justified in their positions.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
McCabe blocks the deposition the Justice Department sought to stop, but rejects its request to quash the subpoena, allows written questions to Blanche about his remarks and leaves the deposition open for later, so we labeled it mixed or conditional.
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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
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
Justice Department calls the survivors' bid to depose Attorney General Blanche extraordinary and asks the court to quash it
United States Department of Justice
“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.”Read statement
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The Dispute Index. "Magistrate Judge McCabe bars Blanche's deposition for now but lets the survivors ask him written questions". First published: 2026-11-15. Last updated: 2026-11-15. https://disputeindex.com/events/8991-mccabe-grants-the-government-s-request-for-a