New Mexico Claims Federal Government Broke 2019 Epstein Investigation Agreement

Santa Fe — The New Mexico Department of Justice is escalating its dispute with the federal government over access to unredacted Epstein investigation files, with former Attorney General Hector Balderas now publicly confirming details of an alleged 2019 prosecutorial agreement that he says the federal government has failed to honor.

The 2019 Agreement

According to correspondence released by the state, Balderas’s office and the Southern District of New York (SDNY) reached an explicit agreement in mid-2019 regarding separate investigations into Jeffrey Epstein’s Zorro Ranch property in New Mexico.

The agreement allegedly stipulated that New Mexico’s AG office would suspend its independent investigation and interviews with victims, while turning over materials gathered to federal prosecutors. In exchange, SDNY committed to referring any state-related matters uncovered during its investigation back to New Mexico once its case concluded.

“New Mexico honored its side of an agreement with the federal government, and the federal government did not honor its own,” said current Attorney General Raúl Torrez in a statement. “That breach doesn’t weaken our position, it strengthens it. New Mexico is entitled to these records.”

The Timeline of Investigation and Dispute

New Mexico’s investigation into Epstein and the Zorro Ranch property began in early 2019. By mid-2019, state investigators had located and begun formally interviewing victims with potential knowledge of criminal conduct at the property—work conducted in parallel with the emerging federal investigation.

When Epstein was arrested on federal sex trafficking charges on July 6, 2019, SDNY contacted state officials. The agency initially expressed frustration that state investigators were interviewing witnesses SDNY considered part of its federal investigation.

Balderas cited a handwritten investigator’s note released under the Epstein Files Transparency Act (EFTA01681971) as documentation of the agreement’s terms.

Recent Escalation of Demands

The current dispute between state and federal authorities spans several months:

• In February 2026, New Mexico sent written correspondence to the U.S. Department of Justice requesting access to specific materials and all Zorro Ranch investigative documents.

• By March 2026, the state had submitted a formal letter identifying five illustrative redacted documents and requesting complete, unredacted versions.

• In May 2026, New Mexico submitted a formal “Touhy letter” through standard legal channels requesting the materials.

• Despite multiple follow-ups and a request for an in-person meeting in June, federal officials did not provide substantive responses.

On June 9, 2026, Attorney General Torrez sent a detailed letter to acting federal officials outlining the 2019 agreement and seeking broad remedies, including forfeiture of the Zorro Ranch property.

Federal Response Falls Short

On July 10, 2026, the U.S. Attorney’s Office for the District of New Mexico delivered its response: 31 pages consisting almost entirely of documents already released through public EFTA channels, heavily redacted materials offering no new investigative content, and photocopies of local news coverage.

The production did not include the comprehensive, unredacted investigative record New Mexico had requested.

After an attempt to contact SDNY representatives on July 13 produced no results, New Mexico issued a final written demand on July 14, setting a deadline of July 31, 2026 for full access to unredacted materials.

Next Steps

Torrez warned in his correspondence that absent compliance by the deadline, New Mexico will treat the request as denied and pursue all available legal remedies. The state has signaled its willingness to pursue litigation to compel the release of the materials.

“We will use every tool available, including litigation, to obtain them,” Attorney General Torrez stated.

https://nmdoj.gov/wp-content/uploads/AG-DOJ-Refusal-Letter.pdf

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