A New York federal judge who presided over the sex trafficking case against financier Jeffrey Epstein has rejected the government’s request to unseal grand jury transcripts.
The ruling Wednesday by Judge Richard Berman in Manhattan came after the judge presiding over the case against British socialite Ghislaine Maxwell, Epstein’s former girlfriend, also turned down the government’s request.
Barring reversal on appeal, Berman’s decision forecloses the possibility of grand jury testimony being released now that three judges have reached the same conclusion. A federal judge in Florida declined to release grand jury documents from an investigation there in 2005 and 2007.
The rulings are a collective repudiation of the Justice Department’s effort to divert attention away from its stated refusal to release a massive trove of records in its possession and make clear that the still-sealed court documents contain none of the answers likely to satisfy the immense public interest in the case.
President Donald Trump had called for the release of transcripts amid rumors and criticism about his long-ago involvement with Epstein. During last year’s presidential campaign, Trump promised to release files related to Epstein, but he was met with criticism — including from many of his own supporters — when the small number of records released by his Justice Department lacked new revelations.
A Justice Department spokesperson declined to comment on Wednesday.
Berman said the information contained in the Epstein grand jury transcripts “pales in comparison to the Epstein investigative information and materials in the hands of the Department of Justice.”
The Justice Department had informed Berman that the only witness to testify before the Epstein grand jury was an FBI agent who, the judge noted, “had no direct knowledge of the facts of the case and whose testimony was mostly hearsay.”
The agent testified over two days, on June 18, 2019, and July 2, 2019. The entire transcript was 70 pages. The rest of the grand jury presentation consisted of a PowerPoint slideshow shown during the June 18 session and a call log shown during the July 2 session, which ended with grand jurors voting to indict Epstein. Both of those will also remain sealed, Berman ruled.
Maxwell is serving a 20-year prison sentence after her conviction on sex trafficking charges for helping Epstein sexually abuse girls and young women. She was recently transferred from a prison in Florida to a prison camp in Texas. Epstein died in jail awaiting trial.
Maxwell’s case has been the subject of heightened public focus since an outcry over the Justice Department’s statement last month saying that it would not be releasing any additional documents from the Epstein sex trafficking investigation. The decision infuriated online sleuths, conspiracy theorists and elements of Trump’s base who had hoped to see proof of a government cover-up.
Since then, officials in Trump’s Republican administration have tried to cast themselves as promoting transparency in the case, including by requesting from courts the unsealing of grand jury transcripts.
“The government is the logical party to make comprehensive disclosure to the public of the Epstein file,” Berman wrote in an apparent reference to the Justice Department’s refusal to release additional records on its own while simultaneously moving to unseal grand jury transcripts.
“By comparison,” Berman added, “the instant grand jury motion appears to be a ‘diversion’ from the breadth and scope of the Epstein files in the Government’s possession. The grand jury testimony is merely a hearsay snippet of Jeffrey Epstein’s alleged conduct.”
Meanwhile, Maxwell was interviewed at a Florida courthouse weeks ago by Deputy Attorney General Todd Blanche, and the House Oversight Committee had also said that it wanted to speak with Maxwell. Her lawyers said they would be open to an interview but only if the panel were to ensure immunity from prosecution.
In a letter to Maxwell’s lawyers, Rep. James Comer, the committee chair, wrote that the committee was willing to delay the deposition until after the resolution of Maxwell’s appeal to the Supreme Court. That appeal is expected to be resolved in late September.
Comer wrote that while Maxwell’s testimony was “vital” to the Republican-led investigation into Epstein, the committee would not provide immunity or any questions in advance of her testimony, as was requested by her team.
— By Larry Neumeister and Michael R. Sisak; AP writer Eric Tucker in Washington also contributed to this report.
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