Ghislaine Maxwell can't hide behind Epstein deal: SCOTUS
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Prosecutors said that they found this photograph of Jeffrey Epstein and Ghislaine Maxwell during the 2019 raid on Epstein”s New York townhouse. (Photo via DOJ)

The U.S. Supreme Court has refused to take up convicted sex-trafficker Ghislaine Maxwell’s appeal on Monday. Her appeal was based on the notion that the infamous non-prosecution agreement Jeffrey Epstein secured in 2007 to avoid federal charges for himself and potential co-conspirators in Florida immunized her from prosecution in New York.

The justices’ orders list spanned nearly 40 pages, but it included no writing or reasoning for myriad case rejections, including Maxwell’s, meaning that the 63-year-old’s hopes of getting out of prison any earlier than July 2037 rest on whether Epstein’s former pal President Donald Trump, or a subsequent president, will grant her the pardon she seeks.

During the pendency of Maxwell’s appeal, the DOJ led by U.S. Attorney General Pam Bondi put an abrupt end to the long hoped for release of the so-called “Epstein files,” angering Trump’s base by stating that there was not actually a “client list” linking elites to Epstein, nor evidence of possible blackmail of powerful figures, nor an alternate explanation for Epstein’s 2019 death by suicide in jail before he could face a sex-trafficking trial.

The government then opposed Maxwell’s request for a writ of certiorari, calling her attempt to rely on the non-prosecution agreement (NPA) flatly “incorrect.”

“Petitioner renews her contention that Epstein’s nonprosecution agreement with the U.S. Attorney for the Southern District of Florida barred petitioner’s prosecution by the U.S. Attorney for the Southern District of New York. That contention is incorrect, and petitioner does not show that it would succeed in any court of appeals,” the DOJ said. “This case would also be an unsuitable vehicle for addressing the matters raised in the petition for a writ of certiorari.”

The actual NPA, DOJ emphasized, was cut while the “government was not even aware of petitioner [Maxwell]’s role in Epstein’s scheme at that time” — and unlike others in Epstein’s orbit, Maxwell’s name did not appear in the agreement.

Portion of Jeffrey Epstein non-prosecution agreement, including for potential co-conspirators

Portion of Jeffrey Epstein non-prosecution agreement, including names of potential alleged co-conspirators (DOJ).

Maxwell insisted that she “never should have been charged,” that the government caved to “public outrage over an unpopular non-prosecution agreement,” and punished her instead of the “person responsible for the crimes,” but these contentions have now crashed and burned.

The onetime British socialite, who once boasted ties to the Clintons and Prince Andrew, had been incarcerated in Tallahassee’s federal lockup, but following her July interview by Deputy Attorney General Todd Blanche, she was moved to FPC Bryan, a “minimum security federal prison camp” in Texas.

In that interview, Maxwell was pressed about whether she had ever witnessed wrongdoing on the part of the president, and she said no.

Blanche, Trump’s former criminal defense attorney, also questioned her about putting together a birthday book for Epstein’s 50th birthday and whether she recalled Trump submitting a “bawdy” letter, which the Wall Street Journal reported despite the president’s realized threats to sue.

Maxwell said she “never” saw “gentleman” Trump act inappropriately with anyone. At the same time, Maxwell said it was “true” that she put together the Epstein 50th “birthday book” and claimed she did not remember a Trump letter.

Maxwell explained that she got the idea from her mother, who put together a birthday book for Ghislaine’s father Robert Maxwell’s 60th birthday. Maxwell further said that the “ask” of birthday book letter-writers was “say anything you want on a piece of paper.”

As Blanche continued probing about whether Maxwell specifically remembered Trump “submitting a letter or a card or a note,” Maxwell said “I don’t” and that she didn’t have any recollection of a “picture of a naked woman or something like that,” as Blanche put it in his question.

At another point during the interview, Blanche asked about the “birthday book” again and Maxwell again said she didn’t remember asking Trump to submit a letter but suggested it was possible Epstein himself asked Trump to do so.

“I did ask some people. I don’t remember Mr. Trump. I don’t remember who I did ask, but Epstein also asked people himself directly,” Maxwell said. “So it could have happened that way, if it happened at all.”

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