Schumer claims Trump admin withholding Epstein files, threatens to sue

And Friday was the deadline for the Justice Department and White House to comply, and so far, the documents have not been given to Schumer and Senate Democrats.

"If he chooses complicity - we'll take them to court ourselves."

However, a senior GOP aide noted to Fox News Digital that it's not entirely up to the South Dakota Republican to appoint legal counsel to represent the Senate. Instead, that falls onto the Senate Joint Leadership Group, which includes Thune, Sen. Chuck Grassley, R-Iowa, and the president pro-tempore of the Senate, Schumer, and the chairs and ranking members of the Senate Judiciary and, in this case, the Homeland Security committees.

That committee would have to approve legal counsel on a two-thirds vote. Or, the Senate could vote on a resolution to grant legal counsel, which also requires two-thirds of lawmakers to advance. 

Last month, Democrats invoked the "rule of five," a 1928 law that requires government agencies to hand over information if any five lawmakers on a Senate or House committee with jurisdiction over the information make a request. Typically, it's viewed as a tool of the minority party to exert oversight powers.

In a letter sent to the White House and the DOJ, Schumer and Democrats on the Senate Homeland Security panel charged that it was "essential that the Trump Administration provide full transparency," in releasing the files related to the late pedophile.

"We call on you to fulfill those promises of transparency," they wrote.

Democrats' request included all documents, files, evidence and other materials that DOJ had related to the case of U.S. v. Jeffrey Epstein, along with any records related to Epstein and his clients.

However, whether the law is enforceable in court remains to be seen, given that it has seldom been used since its inception.

The last attempt came in 2017, when Democrats tried to force the release of documents surrounding the lease of the Old Post Office building in the District, which became one of Trump's hotels.