When the Epstein Files Transparency Act became law last fall, it jolted the political world, in part because of the seriousness of the underlying scandal and in part because of the way in which it cleared Congress. When Republican leaders refused to bring the measure to the House floor for a vote, proponents went around House Speaker Mike Johnson by using a discharge petition.
Now, they're apparently doing it again.The Washington Sun reported:
Reps. Thomas Massie and Ro Khanna announced Thursday that they have amassed enough signatures to bring a vote on a second bill to force the release of files related to the disgraced financier and convicted sex offender Jeffrey Epstein.
Four Republicans, including Massie, of Kentucky, Reps. Ralph Norman and Nancy Mace, both of South Carolina, and Brian Fitzpatrick of Pennsylvania, have agreed to sign on to a discharge petition for a measure dubbed the Epstein Files Transparency Act II — joining every Democrat, Massie said in a social media post.
Khanna, a California Democrat, boasted via social media, "Thomas Massie and I have defied history a second time, securing commitments for 218 signatures on Epstein 2.0."
It's worth emphasizing that, as a technical matter, the discharge petitioncurrently has 216 signatures, two short of its goal. That said, Khanna also explained that two Democratic House members were out sick as the chamber wrapped up its pre-election work earlier this week and that both will sign the discharge petition the day the House gets back to work in the fall, pushing the total to 218.
As a substantive matter, the Epstein Files Transparency Act II is intended to build on its predecessor. The Sun's report explained, "The new bill gives victims, lawmakers and states the power to sue the Justice Department for unlawfully concealing Epstein-related files."
Thursday's announcement suggested the post-election lame-duck session is likely to be a doozy. Between this and the vote on Defense Secretary Pete Hegseth's impeachment, Capitol Hill watchers won't be bored around Thanksgiving. And until then, it's worth appreciating just how extraordinary the recent record has been on discharge petitions.
A few months ago, Republican Rep. Brian Fitzpatrick of Pennsylvaniasaid in an online written statement, "If the House Floor was managed properly, discharge petitions would never be needed. A successful discharge petition is clear and direct evidence of a poorly managed House Floor — because it demonstrates that the will of the majority of the People is being thwarted by the privileged few."
Fitzpatrick didn't mention Johnson by name, but under the circumstances, he didn't have to.
It might not be immediately obvious just how embarrassing these latest developments are for the Louisiana Republican and his leadership team. In the past century or so, successful discharge petitions have been very rare. The reason is simple: Such petitions have long been seen as a slap in the face of a sitting House speaker.
As New York magazine's Ed Kilgorerecently explained, "Indeed, prior to Johnson's ascent to the Speakership, only two 21st-century discharge petitions achieved the 218 signatures needed to trigger a floor vote."
This roughly once-per-decade average has undergone a dramatic revision under the incumbent speaker's tenure. In the last Congress, which ended in early January 2025, there were two successful discharge petitions, which was itself a significant total. Meanwhile, in the current Congress, which is far from over, there have beeneightsuccessful discharge petitions, which has literally never happened before.
The first came in March 2025, and it dealt withproxy votingfor new parents serving in Congress. In November 2025, another discharge petitionadvancedthe original Epstein Files Transparency Act; and five days later, a measure torepeal an executive orderthat gutted federal workers' union rights also received 218 signatures.
The list grew longer as discharge petitions related toextending Affordable Care Act subsidies, providing temporary protected statusfor Haitian migrants, extendingaid to Ukraineand theFaster Labor Contracts Actall crossed the necessary threshold. Now, the sequel to the Epstein Files Transparency Act is joining the club.
