A protester holds a poster featuring Donald Trump and Jeffrey Epstein that says 'besties'
A protester holds a poster featuring Donald Trump and Jeffrey Epstein at the Texas state capitol building in Austin on 21 September 2026. Photograph: Rafael Lopez/NurPhoto/Getty Images
A protester holds a poster featuring Donald Trump and Jeffrey Epstein at the Texas state capitol building in Austin on 21 September 2026. Photograph: Rafael Lopez/NurPhoto/Getty Images

Epstein files take back seat in midterms but experts say issue has not gone away

Other voter concerns have prevailed but return of Congress likely to see renewed focus on late sex offender’s activities

As US voters head to the polls for crucial and fraught midterm elections, some survivors’ advocates in the Jeffrey Epstein investigation have expressed concern that the scandal could recede into the background.

Political experts believe, however, the Epstein issue is not going away permanently and that many voters can balance day-to-day concerns such as affordability and AI with the scandal involving the late financier and accused sex trafficker whose social circle was widespread among America’s elite.

“My greatest concern is not that the public will forget Jeffrey Epstein, but that the politicians and institutions responsible for accountability will use the chaos of world events as an excuse to move on,” said Spencer Kuvin of Goldlaw, who has represented multiple Epstein survivors.

Kuvin added: “Wars, economic crises and political controversies may dominate the headlines, but they do not erase the suffering of the victims or the unanswered questions about how Epstein and his powerful associates were allowed to operate for decades.

“Justice should not have an expiration date, and it certainly should not be dictated by the news cycle. We cannot allow the Epstein scandal to become yesterday’s news simply because today’s headlines are more urgent.”

Kuvin called for the US government to continue releasing Epstein files – which many have said were excluded from allegedly incomplete disclosures – and for Congress to demand accountability.

“It has been disappointing to have seen attention diverted from Jeffrey Epstein in the past year,” said Jennifer Freeman of Marsh Law, who represents numerous Epstein survivors in litigation surrounding his sexual abuse of teenage girls.

Freeman, however, expressed optimism about the long-term prospects of justice for survivors, saying: “While public attention may have shifted from the Epstein case, given the electoral cycle, I am confident it will command concentration and accountability shortly again.”

Freeman noted that she was continuing to pursue a lawsuit against the US government for alleged negligence “in repeatedly, for decades, dropping the ball on investigating and prosecuting Epstein”. She is also litigating a class-action lawsuit against his estate related to his collection and production of child sex abuse images.

Political experts said that Epstein might get less attention from campaigning politicians and voters, but that it was probably a temporary dip, not a permanent drop-off.

“It really does feel like everything is on fire. I think people can care about several things at once, but what’s directly affecting their lives tends to take priority,” Brittany Martinez, a Republican strategist who works as acting director of Principles First, said. “When they’re worried about gas prices, living costs and whether their government is working for them, that can push Epstein out of the immediate conversation.

“I don’t think the questions or the demand for answers have gone away; they’re just competing for attention. So I’d expect to hear less about it for stretches, rather than see it disappear altogether.”

“There’s just something every day with Trump,” said Shawn Donahue, clinical associate professor in the University at Buffalo’s department of political science.

For Donahue, timing also plays a key role. The US Congress has been in recess and without members on the House floor, so there’s not any discussion of the Epstein Files Transparency Act’s proposed new iteration. This bill, the Epstein Files Transparency Act II, seeks to address what advocates have said are shortfalls in the present EFTA – such as an absence of enforcement mechanisms.

“It kind of feels like whenever Congress comes back into session, this probably starts to become more of an issue again, and especially if Democrats are looking at being in control of one or maybe both chambers of Congress,” Donahue said.

Should Democrats win the house, as polls project, Donahue expects they will swiftly “put Republicans on the spot” with Epstein. “Democrats are ready to start on the investigation from day one.”

For Julie Roginsky, who co-founded the non-profit Lift Our Voices and pursued a sexual harassment lawsuit against the former Fox News CEO Roger Ailes, the significance of Epstein among voters has not gone away.

“I think Epstein is part of the reason that Trump’s numbers are at record lows. I think it’s something that was one of the issues where even Maga Republicans broke with him,” Roginsky said. “I think that if Democrats do get control of at least one house of Congress this year, then starting next year, you’re going to see a lot more conversation about survivors and about Epstein.”

Congressional supporters of survivors said they would keep fighting for truth and justice.

“This is bigger than a moment. It’s a reckoning, and Americans are ready to have this conversation about power, abuse, and who gets protected,” the Democratic New Mexico representative Teresa Leger Fernández said in a statement. “Of course, Americans will vote with their pocketbooks. They’re worried about groceries, gas, and making rent. But they won’t forget that this president was Epstein’s friend and tried to hide the truth from them.

“The survivors have fought for decades to be heard. Our responsibility is to keep fighting alongside them, get the truth out, and hold those responsible accountable. That responsibility doesn’t disappear when the headlines change.”

The Massachusetts Democratic representative Ayanna Pressley said in a statement: “Justice for survivors of Epstein’s abuse has been a prominent issue amongst the electorate because people of conscience see through the cover-ups of the Trump Administration and demand accountability – that won’t change no matter how much they try to flood the zone and distract us.”

Pressley and fellow representatives Leger Fernández and Deborah Ross recently introduced legislation to address survivors’ financial burdens.

The New Mexico Democratic senator Ben Ray Luján similarly commented that whatever might be unfolding, he would keep pushing for the files to be released in full despite the Department of Justice insisting they have released all Epstein investigative files required under the law.

“We cannot lose sight of the need to release the full Epstein files, hold those responsible accountable, and ensure survivors receive the justice they deserve,” Luján said.

Asked for comment, the White House insisted Trump had advocated for survivors.

“Just as President Trump has said, he’s been totally exonerated on anything relating to Epstein. And by releasing thousands of pages of documents, cooperating with the House Oversight Committee’s subpoena request, signing the Epstein Files Transparency Act, and calling for more investigations into Epstein’s Democrat friends, President Trump has done more for Epstein’s victims than anyone before him,” the White House spokeswoman Lauren Bis said in a statement.

The statement then claimed that several Democrats had yet to explain why they were soliciting money and meetings from Epstein after he was a convicted sex offender.

As for the Department of Justice, the department maintains they have complied with disclosure requirements under the original EFTA. They also rejected claims by New Mexico’s attorney general, Raúl Torrez, that the justice department had not been helping the state’s investigation.

“The Epstein Files Transparency Act does not require, and the protective orders in place in the Southern District of New York do not permit, disclosure of victim-identifying information carte blanche, and New Mexico has provided no lawful basis to justify such sweeping disclosures,” the department said in a statement. “Protecting victim privacy remains a top priority for the Department, and neither [legal] requests nor a desire to cooperate outweighs that privacy. DOJ remains available to assist New Mexico’s investigation consistent with the law and binding court orders.”