More legal twists to Epstein

Dear Readers, The Jeffrey Epstein file saga grinds on.  As predicted, the attempt to unseal the Grand Jury testimony was “per formative.”  The trial judge summarily denied the Government’s request. 

On the other hand, Congress stirs.  A House Oversight subcommittee passed a bipartisan motion which, if and when a subpoena is issued, would compel the Department of Justice to release its files to the subcommittee.  

There is a caveat to this.  The Epstein files include photographic child pornography.  Epstein is rumored to watch “live” kiddie rape and videotape it.  Possessing and disseminating child pornography is a crime.  DOJ will likely resist providing any such video and pictures to Congress.  In theory, the most likely outcome is that such material could be made available for viewing in a DOJ office.

The parent House Oversight Committee, chaired by Republican James Comer, went a step further.  It actually issued a deposition subpoena for Ghislaine Maxwell for a deposition, again, on a bipartisan basis.  This would  involve Maxwell being questioned by members (or maybe just staff) under oath and could be a big deal.  It is scheduled for August 11^th at her prison.

It is not clear what can come of this.  Maxwell is a monster, grooming and befriending victims, earning their trust, and being a willing accomplice of Epstein.  As DOJ concluded in its sentencing memorandum, “Years of sexual abuse, multiple victims, devastating psychological harm: none of this could have happened without Maxwell.”

The Rules Committee found itself tied up in “Epstein knots.”  It could not issue a “rule” governing last week’s proceedings because of the disruption of the Epstein files.  Thus, Speaker Johnson promptly sent its members home early for the August recess, as he was losing control of the Chamber.  

We have to wait until September for more action from Congress, but at least this is a start.  The House can conduct its findings, through depositions and reviewing files, in private.  And then, either the Oversight Committee can issue a report of its investigation or hold public hearings.  When everyone has their oars in the water rowing the same direction, this can be highly effective, a la the House Select Committee to Investigate the January 6^th Attack on the United States Capitol.

There is more.  Deputy U.S. Attorney General, Todd Blanche (President Trump’s personal criminal defense attorney), is meeting with Ms. Maxwell (and her attorneys) in a conference room inside the U.S. Attorney’s Office in U.S. District Court in Tallahassee.  Interesting.  The point of this is to ask the “source” about other possible sex-traffickers in the Epstein orbit.  Her attorneys have promised she would be truthful and transparent.  

Mr. Blance boasts that this is the first time anyone from the government has asked to speak with Ms. Maxwell, like what he is doing is smarter than anyone else.  Here’s the problem.  She is a convicted sex trafficker of scads of young victims; she has the next 20 years of her life hanging in the balance.  The government does not “ask” to speak with criminals (particularly before conviction); they ask if the government is interested in listening.

If she does provide truthful testimony ratting out others, the DOJ can go back to court on a Rule 35 motion, asking the sentencing judge to reduce her sentence due to her cooperation.  This is a standard legal tool to run confederates on each other – provide testimony that leads to another offender being nabbed.  This happens all the time in drug cases.

The way this works is Defendant is sentenced.  He or she “proffers” her testimony in asking for a Rule 35.  The government evaluates the proffer.  If there is sufficient interest, a statement is taken, and Rule 35 is filed after successful action based on the information.  What the government does NOT do is run around the prison asking for volunteers to be a “jailhouse” snitch.

From a credibility perspective, this “looks” sketchy.  President Trump is wildly flaying to put out the fire from his former best friend and party buddy’s death.  His personal attorney asks Ms. Maxwell to bail him out.  Is a pardon or commutation going to follow?

Ghislaine Maxwell is not credible – we need a full-throated investigation, if we are ever to know what truly happened with Jeffrey Epstein and identify his enablers.  The DOJ’s sentencing memorandum summarizes, “In short, the defendant has lied repeatedly about her crimes, exhibited an utter failure to accept responsibility, and demonstrated repeated disrespect for the law and the Court.” 

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami.  Owner of Rockefeller Law Center, Jim has been in private practice since 2000.  E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.