Representatives Thomas Massie and Ro Khanna have secured enough signatures to force a House vote on the Epstein Files Transparency Act II, a second measure designed to compel the release of files related to disgraced financier and convicted sex offender Jeffrey Epstein. The discharge petition, which now has 216 signatures with two more expected when Congress reconvenes, represents an extraordinary act of legislative defiance against House Speaker Mike Johnson. The new bill would grant victims, lawmakers, and states the power to sue the Justice Department for unlawfully concealing Epstein related documents, building directly on the original Epstein Files Transparency Act that became law last fall after bypassing Johnson’s refusal to bring it to the floor for a vote.
The discharge petition mechanism, historically one of Congress’s rarest parliamentary tools, has become a weapon of choice for lawmakers frustrated with Johnson’s management of the House floor. Prior to Johnson’s speakership, only two successful discharge petitions occurred in the entire 21st century. That once-per-decade pattern has shattered dramatically under his leadership. The last Congress saw two successful discharge petitions, but the current Congress has already witnessed eight, an unprecedented number in American history. Each represents a direct rebuke of the speaker’s authority, with measures ranging from proxy voting for new parents to extensions of Affordable Care Act subsidies, protection for Haitian migrants, and aid to Ukraine all bypassing Johnson’s control.
The proliferation of discharge petitions signals deep dysfunction on Capitol Hill and exposes Johnson’s diminished authority over his own chamber. Republican Rep. Brian Fitzpatrick of Pennsylvania, himself a co-signer of the Epstein petition, previously stated that successful discharge petitions represent “clear and direct evidence of a poorly managed House Floor” where “the will of the majority of the People is being thwarted by the privileged few.” Political observers note that Johnson’s weakness stems partly from his dependence on President Trump’s backing, which has proven inconsistent and subject to the president’s shifting priorities. Members increasingly fear their constituents more than they fear the speaker’s retaliation.
Watch for the post-election lame-duck session to intensify these power struggles. With the Epstein Files Transparency Act II poised for a floor vote and other contentious measures pending, Johnson’s final months as speaker could prove tumultuous. If Democrats regain the House majority in upcoming midterms, Johnson will lose his gavel entirely, but until then, expect continued attempts by bipartisan coalitions to circumvent his authority through discharge petitions.
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