How Supreme Court May Play a Role in Jeffrey Epstein Saga
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The Supreme Court may play a key role in the ongoing Jeffrey Epstein saga, as associate Ghislaine Maxwell has appealed her conviction to the nation's highest court.
Maxwell was convicted on multiple charges, including sex trafficking of a minor and transporting a minor with the intent to engage in criminal sexual activity, in 2021. She was sentenced to 20 years in prison.
Maxwell filed a petition for a writ of certiorari to the Supreme Court in April.
"Despite the existence of a non-prosecution agreement promising in plain language that the United States would not prosecute any co-conspirator of Jeffrey Epstein, the United States in fact prosecuted Ghislaine Maxwell as a co-conspirator of Jeffrey Epstein," David Oscar Markus, attorney for Maxwell, said in the filing.
A general overall exterior view of the Supreme Court, Sunday, Jan. 1, 2023, in Washington.
A general overall exterior view of the Supreme Court, Sunday, Jan. 1, 2023, in Washington.
Aaron M. Sprecher via AP
Why It Matters
The Epstein case recently made headlines after the Department of Justice (DOJ) and the FBI concluded there is no "client list" of prominent individuals linked to Epstein and said no further disclosure would be appropriate or warranted.
A Reuters/Ipsos poll showed 69 percent of respondents thought the federal government was hiding details about Epstein's clients.
Epstein, a financier and convicted sex offender, was found dead at New York's Metropolitan Correctional Center in August 2019 while awaiting trial on sex trafficking charges. His death was ruled a suicide.
What To Know
Maxwell's attorney argued she was shielded by a 2007 non-prosecution agreement between Epstein and the U.S. government covering alleged co-conspirators.
"I think her lawyers have made a credible argument that she should be entitled not to be prosecuted given that the agreement between Epstein and the government supposedly immunized co-conspirators from criminal prosecution." Michael Gerhardt, the Burton Craige distinguished professor of jurisprudence at the University of North Carolina, told Newsweek. "It makes no sense to treat her as if she were not a co-conspiration. Her role in facilitating Epstein's misconduct makes her a co-conspirator."
The DOJ argued Maxwell was not a party to this agreement in a brief filed July 14.
"There is no evidence that the parties to the NPA intended for the coconspirators clause to benefit petitioner," Solicitor General D. John Sauer, Acting Assistant Attorney General Matthew R. Galeotti and attorney Ethan A. Sachs wrote in the filing.
Deputy Attorney General Todd Blanche formally requested federal courts to unseal grand jury transcripts in the criminal cases against Epstein and Maxwell on Friday, one day after Trump said on Truth Social that he asked Attorney General Pam Bondi to "produce any and all pertinent Grand Jury testimony, subject to Court approval."
"Grand jury proceedings are typically confidential and not subject to public inspection. But given the public interest in this case, the federal court might agree to the government's request especially if there are no privacy interests to protect," Wayne Unger, an assistant professor of law at Quinnipiac University, said in comments sent to Newsweek.
What People Are Saying
Michael Gerhardt, the Burton Craige distinguished professor of jurisprudence at the University of North Carolina, in comments to Newsweek: "It is hard to say whether the Court will take the appeal. The Court usually takes appeals if there is a split among the circuits and/or if the case presents a compelling issue for the Court to decide. Obviously, Maxwell's issue is important to her, but it may not be important to most of the justices."
David Oscar Markus, attorney for Ghislaine Maxwell, in a petition for a writ of certiorari: "This inconsistency in the law by which the same promise by the United States means different things in different places should be addressed by this Court."
Solicitor General D. John Sauer, Acting Assistant Attorney General Matthew R. Galeotti and attorney Ethan A. Sachs, in a brief filed July 14: "At all events, the case-specific interpretation of a particular NPA is not a matter that warrants this Court's review."
What Happens Next
The Supreme Court has yet to decide whether it will hear Maxwell's appeal.
Federal judges have also yet to rule on the release of grand jury transcripts in the cases of Epstein and Maxwell.
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