New Mexico Sues DOJ for Unredacted Epstein Evidence Connected to Zorro Ranch
Snapshot
On August 5, 2026, the State of New Mexico sued the United States Department of Justice over access to unredacted records connected to Jeffrey Epstein, Ghislaine Maxwell, and Epstein’s former Zorro Ranch property.
The complaint was filed in the United States District Court for the District of Columbia as Case No. 1:26-cv-02762.
New Mexico alleges that federal officials asked state investigators to stop their sex trafficking investigation in 2019 and transfer their evidence to federal authorities. According to the complaint, federal officials agreed to provide New Mexico with information about possible state crimes but never fulfilled that commitment.
After reopening its investigation in February 2026, the New Mexico Department of Justice requested access to unredacted federal records. The state says those records may identify victims, witnesses, employees, visitors, and possible perpetrators connected to events in New Mexico.
The lawsuit seeks access for a criminal investigation. It does not seek the unrestricted public release of survivors’ identities or other protected information.
The allegations in the complaint have not yet been adjudicated.
What New Mexico Filed
The New Mexico Department of Justice announced the lawsuit on August 5, 2026.
The plaintiff is the State of New Mexico, acting through Attorney General Raúl Torrez.
The defendants are the United States Department of Justice and Todd Blanche, in his official capacity as Acting Attorney General of the United States.
The action was brought under the Administrative Procedure Act. New Mexico argues that the Department of Justice unlawfully denied or delayed its request for evidence.
A complaint contains one party’s allegations. It is not a judicial finding that those allegations are true.
Why New Mexico Reopened the Zorro Ranch Investigation
The New Mexico Department of Justice reopened its investigation in February 2026.
According to the department, recently released federal records contained information relevant to potential crimes committed in New Mexico.
On March 9, 2026, New Mexico investigators conducted what the complaint describes as the first law enforcement search of Zorro Ranch.
The official announcement about the search states that the New Mexico Department of Justice worked with the New Mexico State Police and a Sandoval County Fire Rescue canine team. The property’s current owners cooperated with investigators.
The March 9 announcement describes a law enforcement search of the property and asks members of the public to ground nearby drone activity so they would not interfere with the operation. It does not specify every investigative tool used.
The state continues to accept information through its Epstein and Zorro Ranch tip portal.
The Alleged 2019 Agreement
New Mexico opened an investigation into potential criminal activity involving Epstein in February 2019.
According to the 2026 complaint, federal officials contacted New Mexico investigators on July 23, 2019. The complaint alleges that federal authorities asked New Mexico to stop its sex trafficking investigation and provide its complete investigative file to the federal government.
New Mexico says it transferred its file on September 17, 2019. The material reportedly included police reports, recorded witness interviews, public lands information, and other investigative records.
The complaint alleges that federal officials agreed to provide New Mexico with information concerning possible violations of state law. New Mexico says that information was never delivered.
Federal records cited by the state include EFTA00019183, which contains references to communications about New Mexico’s investigation, and EFTA01681971, which the complaint cites regarding the proposed exchange of information.
Former New Mexico Attorney General Hector Balderas later provided his account of the arrangement in a New Mexico Department of Justice statement about the 2019 agreement.
Whether this arrangement created a legally enforceable obligation is one of the matters that may be contested in court.
The Question of a Zorro Ranch Search in 2019
The complaint alleges that federal investigators did not search Zorro Ranch after Epstein’s July 2019 arrest.
It cites EFTA00165502, an August 23, 2019 communication discussing information that a victim may have been sexually assaulted at Epstein’s New Mexico residence.
The cited communication also addresses whether investigators possessed probable cause for a search.
The existence of an allegation in an investigative record does not establish that a crime occurred. However, New Mexico argues that the information should have prompted more extensive evidence preservation and cooperation with state authorities.
New Mexico’s Requests for Unredacted Records
New Mexico initially requested the records through direct communication between law enforcement agencies.
On February 13, 2026, the state requested an unredacted copy of EFTA01250229 and related investigative material.
That record contains an unverified allegation that two female victims may have been buried near Zorro Ranch. No burial described in the record has been established as fact. The allegation requires independent investigation and should not be repeated as a confirmed discovery.
On March 13, 2026, Attorney General Torrez requested five additional records:
The state also requested broader access to unredacted records relating to Zorro Ranch and potential crimes in New Mexico.
New Mexico offered to send investigators to Washington to review the material in person under security and privacy restrictions established by the Department of Justice.
The Formal Touhy Request
After discussions with federal officials, New Mexico submitted a formal Touhy request on May 3, 2026.
New Mexico used DOJ’s Touhy procedures to request federal records for its state criminal investigation. These procedures govern agency disclosure of official records and information in federal and state proceedings. They are separate from FOIA’s public-records process. The term comes from United States ex rel. Touhy v. Ragen, and DOJ’s procedures appear in 28 C.F.R. §§ 16.21 through 16.29.
New Mexico sent its request to officials with the United States Attorney’s Office for the District of New Mexico and the FBI’s Albuquerque office.
The request explained that New Mexico was investigating possible state offenses, including homicide, kidnapping, criminal sexual penetration, criminal sexual contact, and human trafficking.
According to the complaint, the request identified nine federal records as particularly important. The publicly filed complaint expressly identifies several of those records and discusses why the redactions interfere with the state investigation.
What the Evidence Records Describe
The records cited in the complaint contain allegations and witness information about Epstein’s activities in New Mexico.
EFTA00008631 contains testimony discussing alleged grooming and abuse associated with New Mexico.
EFTA00068582 includes testimony from a person identified by a pseudonym. The testimony describes an alleged sexual assault in New Mexico while the witness was a minor.
EFTA02731082 is a federal prosecution memorandum concerning the investigation of potential Epstein co conspirators. The complaint cites portions discussing an alleged assault at Zorro Ranch involving a woman other than Maxwell.
EFTA01245688 contains an FBI interview summary stating that an alleged first assault occurred in New Mexico. Another individual’s identity is redacted from the released copy.
EFTA01873236 is among the records New Mexico specifically requested for its investigation.
EFTA00006970 is also among the identified records sought in unredacted form.
The records contain allegations, interview summaries, testimony, and investigative analysis. Each item must be evaluated according to its source, context, corroboration, and evidentiary status.
Why the Redactions Matter
New Mexico argues that the redacted identities are material to its investigation.
According to the complaint, access to unredacted information could help investigators:
- Identify additional victims.
- Locate witnesses with direct knowledge.
- Identify people who may have witnessed abuse.
- Investigate employees and visitors associated with Zorro Ranch.
- Verify travel and movement records.
- Identify possible perpetrators who were never charged.
- Obtain records from people or organizations named in the files.
- Evaluate possible accessory or conspiracy liability under New Mexico law.
The state is not arguing that every person whose name appears in a record committed a crime. A name may identify a victim, witness, employee, visitor, investigator, service provider, or person mentioned by someone else.
The Department of Justice Response
According to the complaint, federal officials initially indicated that they would work with New Mexico. The state alleges that the process then stalled.
New Mexico says the United States Attorney’s Office for the District of New Mexico eventually provided only 31 pages. The state characterizes much of that production as publicly available documents, redacted records, and news material.
The complaint states that federal officials raised concerns about the scope and burden of the request. They also cited protective orders entered in federal cases involving Epstein and Maxwell.
New Mexico argues that those protective orders do not create a complete barrier to law enforcement access. The state says the Department of Justice could seek permission from the courts that issued the orders or arrange a secure review that protects survivors and confidential information.
The public docket reproduced by the Civil Rights Litigation Clearinghouse, updated October 19, 2026, records that DOJ and Todd Blanche filed a motion to dismiss or, alternatively, for summary judgment on October 12, 2026 (Dkt. 8), following the court’s October 5 extension. This is a request by the defendants, not a ruling dismissing the case or an order to produce records. The reproduced entries do not show a ruling on that motion, and the mirror may not contain every filing.
New Mexico’s Legal Claims
The complaint presents two principal claims under the Administrative Procedure Act.
The first claim alleges that the Department of Justice’s denial was arbitrary, capricious, an abuse of discretion, contrary to law, beyond its authority, or issued without following required procedures.
The second claim is presented as an alternative. If the Department of Justice has not made a final decision, New Mexico argues that the agency has unlawfully withheld or unreasonably delayed action.
New Mexico also argues that the federal government did not properly apply its own Touhy regulations.
What New Mexico Wants the Court to Order
New Mexico asks the court to declare that the denial of its Touhy request is reviewable under the Administrative Procedure Act.
The state also asks the court to:
- Declare the denial unlawful.
- Set aside the denial.
- Require the Department of Justice to reconsider the request under the correct legal standards.
- Compel the Department of Justice to take legally required action.
- Require the production of information or records to the extent required by law.
- Award recoverable litigation costs.
The lawsuit does not ask the court to determine who committed crimes at Zorro Ranch. It concerns access to evidence and the legality of the federal government’s response.
Survivor Privacy and Investigative Access
The dispute involves two legitimate concerns.
Survivors and witnesses have strong privacy interests. Investigative records may contain names, medical information, addresses, intimate testimony, and grand jury material that cannot lawfully be released to the public.
At the same time, state investigators may need access to protected information to investigate possible crimes within their jurisdiction.
New Mexico says it offered to review the evidence under secure conditions. That distinction is important. Controlled disclosure to authorized investigators is different from unrestricted public publication.
Any court ordered process should protect survivors while allowing legitimate criminal investigation.
Why This Lawsuit Matters
The case raises questions about cooperation between state and federal law enforcement agencies.
New Mexico alleges that it suspended an active investigation and surrendered its evidence after federal authorities requested control of the matter. If that account is proven, the federal government’s failure to return relevant state information could have delayed investigations into conduct outside the federal prosecution.
The case also tests how the Department of Justice handles records released under the federal Epstein disclosure process when another law enforcement agency requests unredacted versions for an active investigation.
Most importantly, the lawsuit may determine whether New Mexico investigators can identify witnesses and follow evidence that is presently obscured by federal redactions.
Key Takeaways
New Mexico sued the Department of Justice on August 5, 2026.
The lawsuit concerns access to unredacted evidence for an active state criminal investigation.
New Mexico alleges that federal officials asked it to stop its investigation in 2019 and promised to share information concerning state crimes.
The state says that promised information was never provided.
New Mexico conducted a law enforcement search of Zorro Ranch on March 9, 2026. The official announcement asked the public to ground nearby drone activity but did not specify every investigative tool used.
The complaint challenges the Department of Justice’s handling of New Mexico’s formal Touhy request.
The complaint contains allegations, not final judicial findings.
The state is seeking controlled law enforcement access, not unrestricted publication of survivors’ identities.
Epstein Data Evidence Index
- EFTA00006970
- EFTA00008631
- EFTA00019183
- EFTA00068582
- EFTA00165502
- EFTA01245688
- EFTA01250229
- EFTA01681971
- EFTA01873236
- EFTA02731082
Fact Check
- The complaint was filed on August 5, 2026, in the United States District Court for the District of Columbia.
- The case number is 1:26-cv-02762.
- The plaintiff is the State of New Mexico.
- The defendants are the United States Department of Justice and Todd Blanche in his official capacity as Acting Attorney General.
- New Mexico reopened its Zorro Ranch investigation in February 2026.
- The Zorro Ranch operation on March 9, 2026, was a physical law enforcement search.
- The claim involving possible burials is an unverified allegation contained in a released record. It is not a confirmed discovery.
- The 2019 agreement and the Department of Justice’s alleged failure to fulfill it are allegations in New Mexico’s complaint. They have not been established by a final judgment.
- The lawsuit seeks access to investigative evidence. It does not establish criminal liability for any person named in the records.
Sources
- Complaint, ECF 1, August 5, 2026. State of New Mexico v. U.S. Department of Justice, 40 pages.
- May 3, 2026 Touhy request, complaint Exhibit 14, ECF 1-18. Filed August 5, 2026; 7 pages including cover sheet.
- Civil Rights Litigation Clearinghouse reproduced docket, including the October 5, 2026 answer-extension order and October 12, 2026 motion to dismiss or, alternatively, for summary judgment (Dkt. 8). Reviewed October 19, 2026.
- New Mexico Sues DOJ for Blocking Access to Unredacted Epstein Investigative Files
- New Mexico Department of Justice Statement Regarding Zorro Ranch
- New Mexico Department of Justice Statement Regarding the March 2026 Zorro Ranch Search
- Former Attorney General Balderas Statement About the 2019 Federal Agreement
- New Mexico Epstein and Zorro Ranch Tip Portal
- Jeffrey Epstein
- Ghislaine Maxwell
- Epstein Data Evidence Archive