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The Independent
2 days ago
- Politics
- The Independent
Request to unseal Epstein grand jury transcripts likely to disappoint, ex-prosecutors say
A Justice Department request to unseal grand jury transcripts in the prosecution of chronic sexual abuser Jeffrey Epstein and his former girlfriend is unlikely to produce much, if anything, to satisfy the public's appetite for new revelations about the financier's crimes, former federal prosecutors say. Attorney Sarah Krissoff, an assistant U.S. attorney in Manhattan from from 2008 to 2021, called the request in the prosecutions of Epstein and imprisoned British socialite Ghislaine Maxwell 'a distraction.' ' The president is trying to present himself as if he's doing something here and it really is nothing,' Krissoff told The Associated Press in a weekend interview. Deputy Attorney General Todd Blanche made the request Friday, asking judges to unseal transcripts from grand jury proceedings that resulted in indictments against Epstein and Maxwell, saying 'transparency to the American public is of the utmost importance to this Administration.' The request came as the administration sought to contain the firestorm that followed its announcement that it would not be releasing additional files from the Epstein probe despite previously promising that it would. Epstein is dead while Maxwell serves a 20-year prison sentence Epstein killed himself at age 66 in his federal jail cell in August 2019, a month after his arrest on sex trafficking charges, while Maxwell, 63, is serving a 20-year prison sentence imposed after her December 2021 sex trafficking conviction for luring girls to be sexually abused by Epstein. Krissoff and Joshua Naftalis, a Manhattan federal prosecutor for 11 years before entering private practice in 2023, said grand jury presentations are purposely brief. Naftalis said Southern District prosecutors present just enough to a grand jury to get an indictment but 'it's not going to be everything the FBI and investigators have figured out about Maxwell and Epstein.' 'People want the entire file from however long. That's just not what this is,' he said, estimating that the transcripts, at most, probably amount to a few hundred pages. 'It's not going to be much,' Krissoff said, estimating the length at as little as 60 pages 'because the Southern District of New York 's practice is to put as little information as possible into the grand jury.' 'They basically spoon feed the indictment to the grand jury. That's what we're going to see,' she said. 'I just think it's not going to be that interesting. ... I don't think it's going to be anything new.' Ex-prosecutors say grand jury transcript unlikely to be long Both ex-prosecutors said that grand jury witnesses in Manhattan are usually federal agents summarizing their witness interviews. That practice might conflict with the public perception of some state and federal grand jury proceedings, where witnesses likely to testify at a trial are brought before grand juries during lengthy proceedings prior to indictments or when grand juries are used as an investigatory tool. In Manhattan, federal prosecutors 'are trying to get a particular result so they present the case very narrowly and inform the grand jury what they want them to do,' Krissoff said. Krissoff predicted that judges who presided over the Epstein and Maxwell cases will reject the government's request. With Maxwell, a petition is before the U.S. Supreme Court so appeals have not been exhausted. With Epstein, the charges are related to the Maxwell case and the anonymity of scores of victims who have not gone public is at stake, although Blanche requested that victim identities be protected. 'This is not a 50-, 60-, 80-year-old case,' Krissoff noted. 'There's still someone in custody.' Appeals court's 1997 ruling might matter She said citing 'public intrigue, interest and excitement' about a case was likely not enough to convince a judge to release the transcripts despite a 1997 ruling by the 2nd U.S. Circuit Court of Appeals that said judges have wide discretion and that public interest alone can justify releasing grand jury information. Krissoff called it 'mind-blowingly strange' that Washington Justice Department officials are increasingly directly filing requests and arguments in the Southern District of New York, where the prosecutor's office has long been labeled the "Sovereign District of New York" for its independence from outside influence. 'To have the attorney general and deputy attorney general meddling in an SDNY case is unheard of,' she said. Cheryl Bader, a former federal prosecutor and Fordham Law School criminal law professor, said judges who presided over the Epstein and Maxwell cases may take weeks or months to rule. 'Especially here where the case involved witnesses or victims of sexual abuse, many of which are underage, the judge is going to be very cautious about what the judge releases,' she said. Tradition of grand jury secrecy might block release of transcripts Bader said she didn't see the government's quest aimed at satisfying the public's desire to explore conspiracy theories 'trumping — pardon the pun — the well-established notions of protecting the secrecy of the grand jury process.' 'I'm sure that all the line prosecutors who really sort of appreciate the secrecy and special relationship they have with the grand jury are not happy that DOJ is asking the court to release these transcripts,' she added. Mitchell Epner, a former federal prosecutor now in private practice, called Trump's comments and influence in the Epstein matter 'unprecedented' and 'extraordinarily unusual' because he is a sitting president. He said it was not surprising that some former prosecutors are alarmed that the request to unseal the grand jury materials came two days after the firing of Manhattan Assistant U.S. Attorney Maurene Comey, who worked on the Epstein and Maxwell cases. 'If federal prosecutors have to worry about the professional consequences of refusing to go along with the political or personal agenda of powerful people, then we are in a very different place than I've understood the federal Department of Justice to be in over the last 30 years of my career,' he said. Krissoff said the uncertain environment that has current prosecutors feeling unsettled is shared by government employees she speaks with at other agencies as part of her work in private practice. 'The thing I hear most often is this is a strange time. Things aren't working the way we're used to them working,' she said. ___


Forbes
5 days ago
- Politics
- Forbes
Fired Epstein Prosecutor Maurene Comey Torches Trump's ‘Tyrant' DOJ In Letter To Colleagues
Former Justice Department prosecutor Maurene Comey urged her colleagues against capitulating to the Trump administration's demands in a letter Thursday, multiple outlets report, likening the agency's leadership to 'tyrants' after Comey—who prosecuted cases against Jeffrey Epstein and Ghislaine Maxwell—was abruptly fired Wednesday amid a broader firestorm over the DOJ's handling of the Epstein probe. Assistant U.S. Attorney Maurene Comey arrives at federal court in New York City for the Sean "Diddy" ... More Combs trial on May 19. Copyright 2025 The Associated Press. All rights reserved. Comey sent a letter to colleagues at the U.S. Attorney's office for the Southern District of New York, Politico first reported, in which she confirmed she was 'summarily fired' from the Justice Department on Wednesday and was not given a reason for her termination. She prosecuted cases against Epstein and Maxwell, as well as Sean 'Diddy' Combs, and is the daughter of former FBI Director James Comey, a longtime foe of President Donald Trump. The ex-prosecutor warned colleagues in the letter that their practice of doing their work 'without fear' is now under threat, writing, 'If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain' and urging colleagues, 'Do not let that happen.' Comey appeared to take aim at the Trump administration, writing, 'Fear is the tool of a tyrant, wielded to suppress independent thought.' Comey's departure comes as the Justice Department more broadly faces a barrage of criticism from both sides of the aisle for its memo declaring the agency will not release any further files on its investigation into Epstein, which also shot down conspiracy theories regarding the nature of Epstein's 2019 death in prison and the existence of a 'client list' detailing people who took part in his alleged sex trafficking operation. It's unclear if Comey's firing is at all tied to the ongoing controversy over the Epstein files, and it comes as numerous DOJ staff have separately been fired or left the agency voluntarily, with Reuters reporting two-thirds of the staff tasked with defending the administration's policies have quit. The New York Times reports Comey's firing may have come from Trump directly. The memo informing her of her termination reportedly cited Article II of the Constitution, which details the president's powers. What Did Maurene Comey's Full Letter Say? Comey's full letter, as quoted by Politico, reads: 'Yesterday was unexpectedly my last day in the Office. I was summarily fired via memo from Main Justice that did not give a reason for my termination. Every person lucky enough to work in this office constantly hears four words to describe our ethos: Without Fear or Favor. Do the right thing, the right way, for the right reasons without fear of retribution and without fear to the powerful. For the majority of my nearly ten years in SDNY, the hard part seemed to be acting 'without favor.' That is, making sure people with access, money, and power were not treated differently than anyone else; and making sure this office remained separate from politics and focused only on the facts and the law. Fear was never really conceivable. We don't fear bad press; we have the luxury of exceptional security keeping us physically safe; and, so long as we did our work with integrity, we would get to keep serving the public in this office. But we have entered a new phase where 'without fear' may be the challenge. If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain. Do not let that happen. Fear is the tool of a tyrant, wielded to suppress independent thought. Instead of fear, let this moment fuel the fire that already burns at the heart of this place. A fire of righteous indignation at abuses of power. Of commitment to seek justice for victims. Of dedication to truth above all else. It has been an honor to fight for those principles by your side. Maurene' What To Watch For The drama over the Epstein files is still unfolding at the Justice Department, and it remains to be seen if the agency will capitulate to Republicans who continue to urge for more documents to be released. (Trump, for his part, has railed against the continued interest in the Epstein files, but has said the DOJ should release any 'credible' information.) Comey may also not be the only high-level departure from the agency amid the controversy: many right-wing figures including activist Laura Loomer and commentator Megyn Kelly have called on Attorney General Pam Bondi to resign, though Bondi has so far shown no willingness to do so, and Trump has not expressed displeasure with the attorney general. Tangent Comey's departure also comes amid reports that the FBI has launched an investigation into her father, though it's unclear what prompted it. James Comey has long been criticized by Trump over his handling of investigations into the 2016 election, and was fired by the president during his first term. Any conduct from Trump's first term would now be outside a five-year statute of limitations, NBC News notes, however, though James Comey has more recently drawn controversy and outrage from the right for a social media post that said '86 47,' which has been interpreted as a message to 'eject' or 'remove' Trump. The former FBI director later deleted the image, saying he 'posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message. I didn't realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.' Key Background Epstein allegedly abused more than 100 women between 2002 and 2018, assembling an alleged network of underage women who were allegedly abused by him and associates. He was indicted in federal court in 2019 for sex trafficking and died in prison later that year, but the financier's crimes have continued to garner widespread attention. The latest controversy over the Epstein investigation comes after top Trump officials, including FBI Director Kash Patel and deputy Dan Bongino, have long pushed conspiracy theories about a government 'cover-up' of files concerning the Epstein investigation, which stoked widespread interest among Trump's base in those files being released. Bondi and Patel have repeatedly suggested in recent months they would release the government's files on the investigation, but as of July, there had only been one limited release of documents—which were already largely publicly available. While officials maintained they were prioritizing making the files public, that abruptly came to an end with the memo announcing no further documents would be released. The memo has unleashed a wave of criticism from the right, with numerous Republicans calling for the files to be released and attacking the Trump administration for continuing to withhold them. Trump has decried his supporters for their continued interest in the story, writing on Truth Social on Wednesday that the Epstein story is a 'hoax' and saying of supporters who push the issue, 'I don't want their support anymore!' Further Reading Forbes Maurene Comey—Epstein Prosecutor And Daughter Of James Comey—Fired From Justice Department By Antonio Pequeño IV Forbes Trump Rips 'Weaklings' Who Criticized Handling Of Epstein Files—Calls It 'Big Hoax' By Sara Dorn