A federal judge in New York, Paul A. Engelmayer, has permitted the Justice Department to unseal grand jury transcripts and supplementary materials from Ghislaine Maxwell's sex trafficking case. This decision comes in light of the recently enacted Epstein Files Transparency Act, which mandates the government to publicly disclose records related to Jeffrey Epstein and Maxwell by December 19, 2023.
Judge Engelmayer had previously denied similar requests for transparency before the law was passed, but he emphasized that the unsealed materials may not provide significant new information. “They do not identify any person other than Epstein and Maxwell as having had sexual contact with a minor,” Engelmayer stated, noting that the materials do not address any clients of Epstein or Maxwell or unveil any unknown methods of their alleged crimes.
The ruling follows the Justice Department’s appeal to lift secrecy orders in both Maxwell's and Epstein's cases. Notably, there is an ongoing request to unseal records from Epstein’s 2019 sex trafficking case. Engelmayer's recent decision marks the second time a judge has taken action following the passage of the Epstein Files Transparency Act, which creates a rare exception to the typically confidential nature of grand jury proceedings. In a related ruling last week, a federal judge in Florida ordered the release of transcripts from a former Epstein investigation conducted in the 2000s.
The transparency statute, which was signed into law by former President Donald Trump amidst considerable public and political pressure, obliges the Justice Department to release an assortment of 18 categories of investigative materials gathered during its expansive sex trafficking probe. These categories include search warrants, financial records, victim interview notes, and data retrieved from electronic devices.
Jeffrey Epstein, a wealthy financier, was arrested in July 2019 on charges of sex trafficking but died by suicide a month later while incarcerated. Ghislaine Maxwell, a British socialite, was convicted of sex trafficking in December 2021 and is currently serving a 20-year prison sentence. Recently, after an interview with a high-ranking Justice Department official, Maxwell has been transferred from a Florida federal prison to a prison camp in Texas.
In the unsealing proceedings, the Justice Department has promised to collaborate with victims and their attorneys to redact sensitive information to protect the identities of victims and prevent the release of sexualized images. Judge Engelmayer mandated that the U.S. Attorney for Manhattan, Jay Clayton, must certify that the records have been carefully reviewed to avoid any invasions of personal privacy.
Maxwell's attorney, David Markus, expressed concerns that unsealing records could compromise her plans to file a habeas petition—a legal procedure aimed at overturning her conviction. He argued that releasing this information could severely prejudice her case and inhibit her right to a fair retrial. The Supreme Court has recently declined to consider Maxwell's appeal, leaving her conviction in place.
Annie Farmer, one of Epstein and Maxwell's notable accusers, has supported the enactment of the transparency law and the release of court records. Through her attorney, Farmer expressed apprehension that any denials of unsealing motions might be misused to continue hiding critical information concerning Epstein's crimes.
Previously, judges Engelmayer and Richard M. Berman denied the Justice Department’s requests to unseal grand jury transcripts and related materials from the Maxwell and Epstein cases, stating that such disclosures are generally not permitted. Thousands of pages of documents related to Epstein and Maxwell have been made public through lawsuits, disclosures, and Freedom of Information Act requests.
The forthcoming materials set to be released by the Justice Department are expected to include evidence amassed from various investigations into Epstein conducted in Palm Beach, Florida, during the mid-2000s. Last year, a Florida judge had also authorized the unsealing of approximately 150 pages of transcripts from a state grand jury that investigated Epstein in 2006. Moreover, on December 5, a federal judge in Florida granted a request to unseal transcripts from a federal grand jury investigation into Epstein that concluded in 2008, which resulted in a controversial plea deal allowing Epstein to evade federal charges.
