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Transcript

A Comprehensive Look At The DOJ's Decision To Meet With Ghislaine Maxwell (Part 1) · The Epstein Chronicles

• 0:00
  Speaker 1: What's up, everyone, and welcome to another episode of the
• 0:02
  Epstein Chronicles. Now that the DOJ is announced that they're
• 0:07
  going to be meeting with Lann Maxwell, I think we
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  have to talk about what that might look like. And
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  the main pathway for a federal inmate to get their
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  sentence reduced after already being sentenced is Rule thirty five
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  B of the Federal Rules of Criminal Procedure, and that
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  allows the government and only the government, to ask the
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  court to reduce the sentence if the inmate provides substantial
• 0:30
  assistance after sentencing. Now, this means that the inmate gives
• 0:35
  new valuable information that leads to arrests, indictments, or convictions,
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  and the motion must come from the US Attorney's office.
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  The inmate cannot request it on their own, and typically
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  this happens within one year of sentencing, though courts sometimes
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  allow later filings if the cooperation took longer to produce results. Now,
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  when you're talking about somebody like Lane Maxwell, to talk
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  about a few different things, such as the severity and
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  stigma of the crime. Sex trafficking of minors is among
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  the most serious crimes in the federal system. Judges, prosecutors
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  and the public view it with almost zero tolerance. Because
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  of the heinous nature of the offense, even small sentence
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  reductions are politically risky and socially radioactive. No US attorney
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  wants to be seen as going soft on a convicted
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  child trafficker, especially in a high profile case. Next, we
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  have to talk about Rule thirty five B, and as
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  explained earlier, Rule thirty five B allows a reduction if
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  the government files a motion based on a substantial assistance.
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  For someone like Maxwell, the window is tight. These motions
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  are typically filed within one year of sentencing, unless the
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  cooperation leads to delayed results. She's already past that window.
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  Unless the government makes an exception. The bar for substantial
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  assistance is extremely high. She would need to give up
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  bigger fish with proof that her help led directly to
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  arrests or indictments. But here's the kicker. She would need
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  to give up people the government is actually willing to
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  go after. The next question is does the government even
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  really want her cooperation? And the real question is even
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  if she did offer up names, would the DOJ actually
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  act on them? And if all else fails, there's always
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  a pardon or a commutation. A presidential commutation is technically possible,
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  but it would be political suicide for any president to
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  do so. No president wants headlines saying they shorten the
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  sentence of a convicted sex trafficker link to Jeffrey Epstein,
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  at least under normal circumstances. But as we all know,
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  nothing is normal about what's going on. And then, of
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  course there's always the reputation and credibility risk, and for
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  her information to matter, the DOJ must find her credible.
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  Because she's already gone to trial, binkis evicted and did
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  not cooperate pre sentencing, she could be viewed as opportunistic,
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  a desperate move, rather than a reliable one, and trust
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  is the key in these cases. But she's already been
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  found guilty of lying under oath in civil suits. So
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  where does that leave us. In a normal world, she
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  would have to hand over airtight, actionable intelligence on major
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  targets the government is actually willing to prosecute. And here's
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  a bigger problem for the government. Glenn Maxwell was found
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  guilty not just the sex trafficking and conspiracy, but also
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  of lying under oath during depositions. That's perjury in federal court.
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  Credibility is everything when it comes to cooperation. If a
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  cooperating witness is known to have lied before, especially in
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  Warren testimony, prosecutors are less likely to trust anything they say.
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  Defense attorneys in any case she might help build would
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  immediately attack her credibility, rendering her value as a witness
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  close to zero. And even if Maxwell tried to cooperate,
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  now here's the problem. Her lives were documented in civil
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  court and widely reported. She denied under oath knowing anything
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  about Epstein's abuse, which we know now was a lie
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  according to her own criminal conviction. That means any information
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  she tries to give now is tainted, and fair minded
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  people would assume that she's trying to save herself not
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  tell the truth, especially since she's never cooperated when it
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  might have counted before trial or sentencing. And look, even
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  if she gave up powerful names, the bar is high.
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  The info has to be new, specific, verifiable, and lead
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  directly to a successful prosecution. It can't just be gossip, memory, fragments,
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  or deflections. And since she's an old liar, the DOJ
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  would need independent cooperation for every single detail she provides.
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  And now that we have that all sorted out, let's
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  dive in a bit deeper. If someone is convicted of
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  a serious federal crime, such as sex trafficking of a minor,
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  the road to early release is narrow, steep and littered
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  with legal and political land minds. In theory, the federal
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  system allows for a sentenced individual to cooperate with the
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  government after conviction in exchange for a reduced sentence. This
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  mechanism exists under a rule thirty five B of the
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  Federal Rules of Criminal Procedure, which gives federal prosecutors the
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  sole authority to request a sentence reduction if the inmate
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  provides substantial assistance in the investigation or a prosecution of
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  another person, but in practice, this is reserved for rare,
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  high impact cases, especially if the conviction involves morally repugnant
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  conduct like child exploitation. The case of gland Maxwell illustrates
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  just how difficult it would be for someone in her
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  position to benefit from such a rule. Maxwell is serving
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  a twenty year federal sentence for her role in recruiting
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  and grooming underage girls for Jeffrey Epstein's sex trafficking operation.
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  Her crimes involving miners and abuse of power are among
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  the most stigmatized in the federal system. Prosecutors, judges, and
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  the public treats sex trafficking of miners as an unforgivable offense.
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  Any appearance of leniency risks severe public backlash, especially in
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  high profile cases so deeply associated with systemic failure and
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  elite protection. No federal prosecutor in the right mind wants
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  their name attached to a sentence reduction for some unlike her,
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  unless the payoff is extraordinary. Even setting aside public outrage,
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  there are steep procedural and credibility hurdles. Rule thirty five
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  B is time sensitive. It typically requires the cooperation to
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  occur within one year of sentencing. While the rule allows
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  exceptions when the information takes longer to bear fruit, the
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  burden is high. Maxwell was sentenced in twenty twenty two,
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  and that window is closing fast if it has an
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  already slam shut. Unless she provides something so explosive, timely,
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  and actionable that prosecutors are forced to act, she's legally
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  out of luck. And even if she could overcome the
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  timing issue, she'd still face an even greater obstacle. Her
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  credibility is shot. Maxwell was not only convicted of sex trafficking.
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  She was also found to have committed perjury. She lied
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  under oath in civil depositions when asked about her role
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  in Epstein's crimes. This wasn't some technical misstatement or memory lapse.
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  It was a direct, knowing denial of her involvement in
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  crimes she later was convicted for. In the eyes of
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  the legal system, that makes her a provable liar. And
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  once you've been caught lying under oath, especially about the
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  very crimes you're later convicted of, you are effectively useless
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  as a government witness. No jury would believe you, no
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  prosecutor wants to rely on you. Her credibility is radioactive.
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  Even if she offered up names, big names, powerful names,
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  it wouldn't be enough on its own. The government would
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  need corroborating evidence. Substantial assistance doesn't just mean naming names.
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  It means helping the government make prosecutable cases with verifiable facts, documents,
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  or direct leads that result in actual charges or convictions.
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  And if Maxwell came forward now after her conviction, it
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  would look like a self serving act of desperation rather
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  than genuine cooperation. Prosecutors know this, They've seen it before,
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  and in her case, the bar would be higher than
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  usual because of the damage she's already done to her
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  own trustworthiness. Additionally, let's not forget the political reality. Any
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  reduction in Maxwell's sentence, no matter the justification, would be
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  seen by the public as a betrayal. Saga is already
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  viewed as a colossal failure of justice. The DOJ and
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  the courts are under intense scrutiny for how the case
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  has been handled over the years, including Epstein's mysterious death,
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  the sweetheart deals, and the failure to pursue his broader network.
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  Reducing Maxwell's sentence would risk further reputational harm and would
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  demand an overwhelming public benefit in return, something dramatic, indisputable,
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  and der tight. Anything less, and the fallout would be swift.
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  There is also the question of whether the DOJ even
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  wants her cooperation. If they were serious about going after
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  the full scope of Epstein's network, they would have already
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  pursued it when Maxwell was arrested. She had every opportunity
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  to cooperate pre trial, when her leverage was highest. She
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  chose not. To. That decision now limits her options. If
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  she's suddenly ready to talk, the government should ask why
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  now why not When accounted, the odds are high that
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  whatever she's offering, they've either already heard it, don't find
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  it credible, or have chosen, for reasons both legal and political,
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  not to act on it. And yet the theoretical door
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  isn't fully closed. If Maxwell were to produce physical evidence,
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  something undeniable and independently verifiable, then and only then would
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  prosecutors be forced to reconsider. But that assumes she has
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  such evidence and that she's willing to part with it.
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  It also assumes the government is willing to open those
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  old wounds, revisit powerful targets, and endure the political consequences
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  of being seen as dealing with a convicted sex trafficker.
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  The odds are stacked against her, but the opaque world
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  of federal cooperation and institutional preservation stranger things have happened,
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  all right. We're going to wrap up episode one right here,
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  and in the next episode we're going to pick up
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  where we left off. All of the information that goes
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  with this episode can be found in the description box.