Latest / The Vault: The Epstein Files / Mega Edition: The Justice Department's Disregard For The Epstein Survivors CVRA Rights (6/18/26)

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Mega Edition: The Justice Department's Disregard For The Epstein Survivors CVRA Rights (6/18/26) · The Vault: The Epstein Files

0:00
Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles. Tonight,
0:04
we're going to change gears a little bit and we're
0:06
going to talk about a new ruling by the Supreme
0:10
Court that has to do with Courtney Wilde and her
0:13
pursuit of justice. Now, Courtney wild has been attempting to
0:19
hold somebody accountable for what occurred in Florida all of
0:23
those years ago, and every single time she has been
0:27
turned away by this court or that court, and finally,
0:32
after being turned away by the Eleventh Circuit Court of Appeals,
0:36
there was hope that the Supreme Court would do their
0:39
job here, step up to the plate and actually hear
0:42
this case. Well, unfortunately they're not going to. Now it
0:46
really shouldn't come as a shock to anybody, considering every
0:49
single institution in this country has broken pretty much. Why
0:53
would anyone be shocked that the Supreme Court is broken
0:56
as well. All you have to do is take a
0:58
look at some of their ruling, take a look at
1:00
some of the nonsense that they actually hear, and then
1:03
something that is important as this comes rolling down onto
1:07
the docket and they decide we're not even gonna hear it.
1:10
We'll just docket. This not We'll just let the other
1:12
court ruling stand because this means nothing, right, seems like
1:18
everybody has lost the plot. If this doesn't matter, if
1:21
this case doesn't matter here, and this situation doesn't matter here,
1:25
and the fact that there was obvious, obvious misconduct by
1:30
the prosecutors, if that means nothing, and these people are
1:34
just going to be able to do whatever they want,
1:37
then what's the point Why even have courts? Why have
1:40
any of it? I don't know about you, folks, but
1:44
I have zero faith in the quote unquote system at
1:49
this point. If you got a bunch of dough, hey,
1:53
things are gonna work out well. But if you don't
1:56
have a bunch of dough, you're going to be reduced
1:58
to chasing justice for decades the way these survivors have
2:02
been chasing justice, and if it wasn't for social media
2:09
and taking their story to the people themselves, they would
2:12
have never had any sort of restitution, and the courts
2:19
have done nothing to help them along the way. You
2:21
would think that, considering an amicus brief was filed on
2:25
behalf of Courtney Wilde by the very lawmakers who wrote
2:29
this law, that that would hold some weight when it
2:31
goes to the court. But I guess that means nothing.
2:35
So I hope on the flip side of that, the
2:37
amicus brief being filed on Glen Maxwell's behalf about Adjur
2:42
number fifty, I hope that doesn't hold any weight either.
2:44
Then if an amicus brief that is being put forward
2:49
by the lawmakers who actually wrote the law, if that's ignored,
2:53
then how can you expect me to accept an amicust
2:57
brief by a bunch of defense attorneys who it's in
2:59
their best day interest to make sure, you know, Maxwell
3:02
doesn't get sent up the river here. So it's you know,
3:07
it goes both ways, right, But in reality, when you
3:12
have people like the lawmakers Dianne Feinstein, Orne Hatch, the
3:17
people who wrote this law, the Crime Victim's Rights Act,
3:22
when they're telling the court that they're not applying it correctly,
3:26
there's something really severely wrong. And then when the Supreme
3:29
Court decides we're not gonna even bother hearing it, well,
3:33
I'm not okay with that. There are a lot of
3:36
serious issues that need to be addressed. And if the
3:39
top court in the land has no desire to take
3:44
a look at what went wrong here, to try and
3:47
fix these wrongs. Well, it's it's just going to happen again.
3:50
They'll just follow the same exact playbook that Epstein did,
3:54
the same exact playbook, and you don't have to worry
3:56
about anything because the courts aren't going to fix the problem, right,
4:04
all right, So let's jump into this article from Law
4:06
and Crime and let's see what Colin Kombacher has to
4:10
say headline, Supreme Court turns away Jeffrey Epstein's victims petition
4:16
on dead predators infamous non prosecution agreement. So I posted
4:22
a few episodes dealing with this very topic. You can
4:26
find them in the catalog. They're labeled, you know, Eleventh
4:30
Circuit Court, that sort of thing, and we discussed the
4:35
actual decision that was made in the courtroom the appeals court,
4:39
and then the dissent by some of those judges as well,
4:43
and all of this is part of trying to get
4:46
that non prosecution agreement that they all love to hide
4:49
behind overturned. Unfortunately, as you can see, the government has
4:55
no desire to do that. And again it feeds into
4:59
people who who don't you trust the government, and then
5:03
people don't that don't trust the legacy media, right, like
5:06
we talked about earlier, So they're not doing themselves any
5:10
favors right by not doing the right thing here. The
5:16
Supreme Court of the United States on Tuesday left in
5:19
place previous lower court rulings that dismissed a lawsuit from
5:22
a woman who claims she was sexually abused by Jeffrey
5:26
Epstein when she was a minor. First of all, the
5:28
claim stuff is over and done with, right if she
5:32
got paid out from the estate or a settlement, Let's
5:35
not say alleged or claims obviously she was abused or
5:38
why would she be getting paid out. Courtney Wilde has
5:42
for nearly a decade sued various federal defendants over the
5:46
sweetheart deal the federal government extended to the now dead
5:50
pedophile back in two thousand and seven. Authority say Epstein
5:54
committed suicide in a New York City jail in twenty nineteen. Well,
5:58
I like that. Doesn't jump on the bandwagon and just say, oh, well,
6:02
Epstein killed himself in his jail cell, he says. Authorities say, right, well,
6:05
that's the proper way to state it, because we don't
6:08
know what happened in that jail cell, do we? And
6:12
as for Courtney in her pursuit of justice here, it
6:15
has been ongoing and every single time you turn around
6:19
one of these courts is who knows what, but obviously
6:24
not the work of the people. They take a look
6:26
at it and they decide, ah, you know, better protect
6:29
our buddies in the government. Now, obviously that's probably not
6:32
what they're saying, but that's what it looks like, right.
6:34
That's the appearance that two thousand and seven plea deal
6:41
crafted by the US Attorney's Office for the Southern District
6:44
of Florida A typically included a non prosecution agreement for
6:49
any and all accused co conspirators, and was entered into
6:53
without any input from the dead financier, pedophiles, numerous minor victims.
6:58
So they did this whole entire deal without getting any
7:02
input from the people who were abused by Jeffrey Epstein.
7:05
That's what the federal government did, basically saying, it doesn't
7:08
matter what you think, it doesn't matter what you want.
7:11
We're going to go ahead here and give him this deal,
7:13
and you're just gonna have to live with it because
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you have no recourse go to the appeals court. Now,
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we don't have time for you leave the appeals court
7:21
and go to the Supreme Court. Now no time for
7:24
you here either. At the same time, the victims were
7:30
repeatedly told by US government attorneys that prosecutors were obligated
7:34
to confer with them if and when an agreement was reached.
7:38
The victims trusted those assurances. Their faith, of course, was misplaced.
7:42
And it's really what it comes down to. How can
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anyone have any faith in, you know, things being put
7:49
to rights when the Supreme Court doesn't even hear it,
7:52
at the very least hear the case, at the very
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least take the time and hear everything, take a look
7:58
at everything, see what went on, and maybe I don't know,
8:02
do the right thing for once. As a result of
8:06
the bargain, Epstein spent thirteen months in prison, but was
8:09
allowed to leave most days, going to and from his
8:12
office to work. He was also allowed to see and
8:15
entertain female visitors, including at least one miner who was
8:19
allowed to visit him ninety times. Hell of a jail sentence. Huh,
8:24
And you're telling me that if it was your family
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member who was abused by this animal and his friends,
8:29
that you'd be okay with all of this that the
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court just says, ah has this blase attitude about it.
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This needs to be overturned. This non prosecution agreement that
8:42
protects all of these scumbags in Florida. You know people
8:45
always talk about, oh, where's the names were all the
8:48
Johns and the people. Well, it's shit like this. This
8:50
is the reason why it wasn't absolutely exposed. If it
8:55
wasn't for this stupid ass non prosecution agreement, these people
8:58
would have nothing to hide behind. The lack of victim
9:03
participation in the deal that allowed Epstein to plead guilty
9:06
to relatively minor state charges of procuring a person under
9:10
eighteen for prostitution and solicitation in exchange for a federal
9:14
case never being filed by Alexander Acosta's office was cited
9:18
by wild as a violation of the Crime Victim's Rights
9:22
Act of two thousand and four. And that's what I
9:26
was referring to in the opening. Now, that law, when
9:30
it was put to paper, was made for this express purpose.
9:34
So the federal government they had to have participation of
9:39
the victims. And if they don't do that, then they
9:41
didn't do their jobs correctly, did they. Now, if you
9:45
make a mistake or you screw up. When it comes
9:47
to the government, yeah, there's no recourse at all. You're
9:50
going to prison or whatever. But if they make a mistake,
9:53
no big deal. We don't have to worry. The courts
9:54
will just bury it. In April twenty twenty, a three
9:59
judge panel of the Eleventh Circuit Court of Appeals disagreed
10:02
with her, while expressing some concern for her plight. And
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of course it was you know, the same old nonsense,
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always have those Oh well, I'm going to interpret the
10:12
law the way I want to interpret the law type
10:15
of judges. And again, I don't understand how that's even
10:19
reality when you had the amicus brief in front of
10:22
you of the people who actually wrote the law. Despite
10:29
our sympathy for miss Wilde and others like her who
10:31
suffered unspeakable horror at Epstein's hands. Notice they don't say
10:35
alleged here in the courtroom, right, So why does the
10:37
legacy media keep saying alleged only to be left in
10:42
the dark, And so it seems affirmatively misled by government lawyers.
10:46
We find ourselves constrained to deny her petition. Donald Trump
10:50
appointed Circuit judge Kevin Newsom wrote, Yeah, the Sam Kevin
10:54
Newsom was hanging out with Christian Everdell, Sam Kevin Newsom, Harvard.
10:58
You know, it's all this buddy bat circle, all of
11:00
these people. You know when wrestling, when you have like
11:04
the bad guy and the good guy and they act
11:06
like they hate each other, but afterwards they're best friends.
11:09
That's what it's like with these politicians. We hold that,
11:18
at least as matters currently stand, which is to say,
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at least as the CVRA is currently written, rights under
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the Act do not attach until criminal proceedings have been
11:28
initiated against a defendant, either by complaint, information or indictment.
11:34
So loopholes and technicalities is what they're saying. Well, we'd
11:37
love to do this, but since we can work an
11:40
end around here and not make the government look too bad, eh,
11:44
maybe we'll use this loophole. In April twenty twenty one,
11:50
the Eleventh Circuit Court decided the case again, again siding
11:54
with the government and telling Epstein's survivors that their issues
11:58
and rights are not a matter US legal system is
12:01
obliged to take up, at least under the purview of
12:04
the CVRA. So imagine that. Huh. Yeah, the most vulnerable
12:08
amongst us abused by Epstein no recourse. And you wonder
12:13
why people are so fired up about this non prosecution
12:17
agreement that was signed by Epstein the first time around.
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And people will talk about Acosta and this and that
12:24
and the other thing, but the reality is it goes
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a lot further up the chain of command than Acosta.
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Like we've talked about, Mukasey was the man in charge
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at the time. If you think mukazy wasn't in on it,
12:36
I don't know what to tell you. Because when you're
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looking at something like this, a decision like this isn't
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made by some mid level state attorney federal state attorney.
12:47
That's not reality. This is a gigantic bureaucracy and it
12:51
has to go through the system. And all of these
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people that were paling around with Dershowitz and left Kowitz
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and the rest of them, I mean, that doesn't have
13:02
anything to do with it, right, They weren't making any
13:04
backroom deals or anything. And again Newsome offered concern for
13:11
wild and the other women in her place, but insisted
13:14
that the law was kept. That the law kept the
13:17
court from voiding the terms of the controversial plea agreement.
13:20
So then the law needs to be fixed. Right, There's
13:23
only one way to do that, go to Congress and
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get it fixed. All of these loud mouths in Congress
13:27
running around talking about how they love this one and
13:29
they care about this one, and they're an ally to
13:32
that one, but they don't do shit, do they. They
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sit there and they talk shit about their political opponents,
13:38
get people gassed up. All of that. But what sort
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of results have we seen when it comes to situations
13:43
such as this. I'll wait, because there had no different.
13:56
We have the profoundest sympathy for miss Wilde and others
13:58
like her who suffered unspeakable horror at Epstein's hands, only
14:03
to be left in the dark. I just wanted to
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read that one more time. Think about that. So they
14:07
had the ability to fix it, they had the ability
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to stop it, they had the ability to help, but
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they didn't. Even so, we find ourselves constrained to deny
14:19
miss Wilde's petition crime petition crime victim like Miss Wilde
14:23
to move for relief within the context of a pre
14:26
existing proceeding, and more generally, to pursue administrative remedies. It
14:31
does not authorize a victim to seek judicial enforcement of
14:35
her cv RA rights in a freestanding civil action. Basically,
14:39
you're screwed, as what they're saying, Why even have this
14:42
law on the books, Just another law that they put
14:44
on the book so that they can say, Hey, look
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what we did, Look what we did during this lawmaking session.
14:49
We put this great law on the books, a law
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with no teeth, obviously, a law that doesn't help. So
14:56
when are they going to fix it? The dissent, however,
15:01
explained the procedural churning that led to the filing of
15:04
Wild's independent civil lawsuit, and noted that it was Epstein's
15:08
attorneys who sought to push back against CVR involvement. Epstein's
15:13
attorneys opposed any victim notifications, but the US Attorney's Office
15:18
insistently and repeatedly told Epstein's attorneys that it was statutorily
15:24
obligated under the CVA to notify and confer with the
15:28
survivors about the agreement and upcoming events, including Epstein's state
15:33
PLEA Circuit Judge Elizabeth L. Branch wrote in the dissent. Nevertheless,
15:39
for still unknown reasons, the US Attorney's Office acquiesced to
15:43
the demands of Epstein's attorneys and did not notify all
15:46
of the victims of the agreement. So ask yourself why
15:49
in the hell they wouldn't do that. And if they
15:51
didn't do that, and the court is aware of it,
15:53
why would the court go on and say, dah, you know,
15:57
it doesn't have any legs here, We're going to just
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let this stand and we'll let this great injustice just
16:01
carry on. How do they look themselves in the mirror
16:05
at night? Rather, the US Attorney's Office affirmatively misled victims
16:12
for months concerning the agreement and the resolution of the
16:15
federal case. Now, remember this is a judge who is
16:18
sitting on the panel Circuit, Judge Elizabeth L. Branch, And
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she wasn't shy with her dissent, right, she was not shy,
16:26
and she had a lot to say. She was disgusted,
16:29
basically by the way her colleagues looked at this. In
16:35
August twenty twenty one, a wild appeal to the nine
16:39
justices of the nation's highest court, the CVRA promises crime
16:44
victims in federal cases a right to confer with prosecutors.
16:47
Her petition to the Supreme Court said, yet, in this case,
16:51
one of the most infamous child sex traffickers in this
16:54
country's history. Jeffrey Epstein, a man with wealth, power and
16:58
political influence, was able to negotiate a secret non prosecution
17:02
agreement with federal prosecutors. I mean, full stop, that's enough
17:08
right there. If I'm one of these judges, I don't
17:10
need to hear any more. Really, you know. I take
17:13
one quick look at it. I have my clerk put
17:15
things in order for me. I take a look, and
17:17
I say, these people that got away with this, well,
17:20
they're not going to be protected by this anymore. So
17:23
if they didn't do this, then fine, they'll be able
17:25
to defend themselves from all these lawsuits that are on
17:28
the way. But these judges, I don't know what they're thinking.
17:33
The resulting tragedy was that child victims who bravely came
17:37
forward to report their sexual abuse were, as the Eleventh
17:40
Circuit Court of Appeals decision below acknowledged, left in the dark.
17:44
And so it seems affirmatively misled by government lawyers as
17:49
to why Epstein was not being federally prosecuted for his
17:53
horrific crimes. And that's all very good questions by Courtney
17:59
and her team there, huh, why wasn't Epstein being federally prosecuted?
18:05
Until someone can answer that question, I don't even know
18:07
what else to say. The Biden administration shocking in a
18:12
brief argue the court should not entertain Wilde's tragic lawsuit
18:17
in part because it said the federal government had learned
18:20
some lessons over the past decade. Oh that's nice. Nice
18:23
to know, folks. Don't worry about it moving forward because
18:26
the great magnanimous federal government, Well they've learned some lessons,
18:31
So we'll just forget about what has happened in the
18:33
past and we'll start new here. I thought we were
18:36
going to get these sweeping changes and things were going
18:38
to be so different when Biden got elected. I thought
18:41
that's what everybody told me. Well, here we are a
18:44
year later, and it's meet the new boss, same as
18:47
the old boss, folks. The Department engaged closely with victims
18:53
in both its twenty nineteen prosecution of Epstein in New
18:56
York and its recent successful prosecution of Gleanne Maxwell, a
19:00
filing by Solicitor General Elizabeth Prelogger argued, and the department
19:06
recently embarked on a review of its guidance to prosecutors
19:09
regarding victim and witness assistance. Oh that's nice, So we
19:12
should just pack it up and never talk about this again.
19:15
The Justice Department has has rendered their decision. What a joke.
19:21
What an absolutely weak ass statement from a weak ass
19:24
department led by weak ass people. In two curt lines,
19:30
the nation's High Court allowed a concerned third party to
19:33
file arguments in the case while a while denying the
19:36
case of hearing the motion of child USA for leave
19:39
to file a brief as amachist cure is granted. The
19:43
High Court wrote in their Orders List dated February twenty second,
19:46
twenty twenty two, the petition of a writ is denied.
19:51
In other words, the third party filing on the record
19:54
is on the record, but the High Court is not
19:56
hearing the case. So all of that work, all of
19:59
that maneuvering by our lawyers getting it on the record
20:03
is the best she got. It's embarrassing the highest court
20:07
in the land. This is the way they conduct themselves.
20:10
Won't even hear the case. Huh, way too busy, way
20:12
too busy, engaging in their own tribalistic pursuits. I guess
20:16
it's all a joke at this point. Folks, and how
20:18
anyone can have any faith in any of these institutions
20:22
is absolutely beyond me. All Right, everybody that's gonna do
20:27
it for tonight. You got some context episodes on the way,
20:31
and then tomorrow morning, we're gonna get right back at it,
20:33
folks and see where we're at. If you'd like to
20:37
contact me, you can do that at Bobby Kapuchi at
20:39
ProtonMail dot com. That's bo Bby c ap you Cci
20:44
at ProtonMail dot com. You can also find me on
20:48
Twitter at bo bby underscore c ap you Cci. The
20:54
link that we discussed can be found in the description box.
20:58
All right, folks, have a great night. I will talk
21:00
to all of you tomorrow morning. Second Appeals Court in
21:04
New York heard from Delay Maxwell's attorneys, the state's attorneys,
21:09
Virginia Roberts attorneys, and the attorneys from the Miami Herald
21:14
today in regards to the sealed documents that were sent
21:20
to them after PRESCA unsealed them, but Maxwell's team appealed.
21:27
So the three panel court heard from all of the
21:31
lawyers today as they tried to figure out if they
21:35
were going to unseal these documents, and it was kind
21:39
of a disjointed hearing. To be honest with you, I
21:41
listened in on it, and there was just a lot
21:44
of it seemed like confusion from all sides. I mean,
21:49
listening to David Boy's talk, there was a lot of
21:54
ueing and he didn't really seem to have the answers
21:57
that the judges were looking for. And the same went
22:01
for Gelan Maxwell's lawyer, mister Mueller in a few instances
22:07
where it was the same thing, where they had asked
22:09
him some questions, some really pretty poignant questions as regards
22:13
to the law, and he had nothing for them. But
22:18
it seemed like each one of the lawyers, including the
22:21
state and the Miami Herald, all had their moments where
22:24
they were dumbfounded almost by questions by these judges. And
22:29
on the judges end, well, they had to keep asking
22:32
over and over about if there was information that was
22:35
being kept from them and all sorts of crazy stuff
22:39
that I didn't you know. Again, don't get me wrong,
22:42
this isn't something I do as a hobby, right. I
22:44
don't sit in on federal calls and hang out and
22:48
listen to how the proceedings move. So this might be
22:51
something that happens all the time at this point in
22:53
a case like this, in an appeals court where the
22:56
judges have a bunch of questions and council doesn't have
23:00
all of the answers, I guess that could occur, but
23:04
to me, it just seemed like it wasn't buttoned up correctly,
23:07
like there wasn't enough almost preparation on some of the
23:12
parts of these lawyers. So I was just I was
23:17
pretty blown away listening to it for the two two
23:21
and a half hours that it took place, when there
23:24
were so many parts where the lawyers just couldn't come
23:28
up with an answer to fit the question that the
23:32
judges were asking. And then the judges on their parts
23:35
seemed confused about certain aspects of the case itself, like
23:39
they didn't know who had the case before PRESCA, and
23:42
it was like, did your clerks not do any research?
23:46
I don't know, Maybe it's just maybe it was just
23:50
so long and kind of procedurally boring, but it seemed
23:55
like they were just not prepared. The judges even so
24:00
they didn't render a decision at the end of it.
24:02
What I took from it personally was that these judges
24:06
were still not swayed one way or the other, and
24:12
that they needed to go and confer with themselves, obviously
24:15
and within their chamber privately, to decide what sort of
24:19
decision to render. But I honestly, to tell you the truth,
24:23
I don't know which way they're leaning. Before coming into
24:26
that hearing and listening in on it, I was definitely
24:29
leaning toward everything being released, right because the Second Circuit
24:33
Court of Appeals has set that precedent previously with the
24:37
Jeffrey Epstein case. But this is one of those weird
24:41
times where it's a civil case and a criminal case
24:44
running at the same time, running concurrently, So who the
24:47
hell knows what the appeals Court's going to come up with?
24:51
And I said that as well when we were discussing
24:53
this previously, so I'm still at that same place. This
24:58
hearing didn't and changed my mind one way or the other.
25:03
But it seems like the court had a lot more
25:07
questions than these lawyers had answers for and that was
25:12
a bit. It took me a bit off guard because
25:14
I figured the lawyers here would all be buttoned up right.
25:18
I figured everything would be locked and loaded and ready
25:20
to go. But Maxwell's lawyers were super evasive. Like I said,
25:27
David Boyce, who was a top notch lawyer, he was
25:30
kind of tongue tied a few times, and I didn't
25:33
expect to hear that, that's for sure. The lawyer for
25:36
the Miami Herald, I forget her name. She did a
25:39
pretty good job, but there was some like procedural stuff
25:43
towards the end where she was deferring to boys and
25:48
then the lawyers for the state, the assistant Attorney General
25:54
I forget her name as well, right now, poorsing her
25:57
something like that. She did a decent job too, but
26:00
she again, there was a couple of points where the
26:03
judges had some questions about procedure and certain aspects of
26:08
why this stuff should be unsealed, and they didn't seem
26:11
to have an answer for these judges. And from what
26:15
I can tell, judges don't really care for that. They
26:17
want some answers when you're in front of them, right,
26:20
They definitely want some answers, and they want to hear
26:23
what the hell you have to say and why this
26:26
case is in front of them. And as you know,
26:28
in an appeals court, what's different now? What should they
26:32
be looking at that is different than the ruling that
26:35
PRESCA put down. That's what they're trying to get to.
26:38
That's what they were trying to hammer out, and they
26:40
didn't end up rendering a decision. So there's no word
26:44
yet on when that decision will come down or anything
26:47
like that, but the rest assured I will most definitely
26:52
be on top of it, following it and making sure
26:55
that as soon as I have an idea of what's
26:58
going on that I'm jumping on here and I'm relating
27:01
that to you because there's a lot of legal ease
27:05
that's going on inside of these hearings. Right of course,
27:08
it's a courtroom, that's what happens, and it's there's a
27:12
lot to swim through and a lot of information to process.
27:17
So again, I'm not too sure which way the second
27:21
of the Second Circuit Appeals Court is going to swing here.
27:24
I don't know if they're going to release this. I
27:26
don't know if they're going to give it a stay.
27:28
I don't know what the case is going to be.
27:31
But if they don't release it, then I would guess
27:36
that the lawyers for the Miami Herald, for the survivors,
27:41
and maybe the state even will appeal this to the
27:45
whole entire appeals court and bank. So we'll see how
27:49
it goes. But as of right now, I honestly folks
27:53
don't know one way or the other which way the
27:55
wind's blowing. They really the judges didn't really give off
27:59
a sense, in my opinion, anyway, of which way they
28:03
were leaning. So let's jump into this article from the
28:07
New York Post, and it's kind of an overview of
28:11
what happened today at that appeals panel hearing. Headline Appeals
28:17
Panel Withhold's decision on releasing details of Gilane Maxwell's sex life,
28:23
authored by Rebecca Rosenberg. Depositions related to Gilane Maxwell's sex
28:30
life will remain secret for at least a little longer
28:33
after a second US Circuit Court of Appeals on Tuesday
28:37
heard arguments on whether to unseal the materials, but delayed
28:41
issuing a decision. And that's like I was just saying.
28:45
At the end of the panel hearing. The hearing here
28:50
they had the judges transferred over to a private phone line,
28:55
a private conversation so that they could discuss what was
28:58
going on. And at that point we knew that there
29:01
was not going to be a decision rendered at least
29:04
at that moment. Maybe there was going to be a
29:06
decision a little bit afterwards, they would release it in
29:09
writing or a memo however that works, But so far nothing.
29:15
The three judge panel did not disclose when it would
29:18
rule on the possible release of the seven hour, four
29:21
hundred and eighteen page deposition. So again they did not
29:26
say one way or the other or give any indication
29:29
which way or how or when that this would be disclosed.
29:34
So we're gonna have to play it by ear right
29:36
and make sure we're following this, have our ears to
29:40
the ground to make sure that we're definitely keeping right
29:45
in the middle of all of this so there's no confusion,
29:48
and the conversation keeps rolling. Maxwell's lawyer Adam Mueller, who
29:55
I have to say, did a pretty good job today,
29:58
a much better job than we heard Kohen do during
30:02
the hearing. When she was first arrested. He didn't do
30:08
that good of a job in my opinion. He wasn't
30:10
that good at the arraignment. But this Adam Mueller cat
30:15
seems to really know his way around a courtroom and
30:17
seems like he's going to be pretty formidable. I'm going
30:20
to take a look at him a little bit later
30:22
and see you know just who he is, what cases
30:25
he's worked on. But he seems to be a pretty
30:27
sharp cat, and the prosecution and the lawyers for the
30:33
survivors should probably take note of this guy and the
30:36
way he conducts himself in the courtroom, because he was
30:39
pretty bulldoggish today and besides a few lapses, he was
30:44
pretty on point. And like I said earlier, all of
30:48
the lawyers had some lapses here in front of the
30:52
judges today from my point of view, But mister Mueller,
30:55
the lawyer for Maxwell, did a really good job in
30:58
the courtroom and had a very strong showing repeated an
31:03
argument that releasing the materials would result in a wave
31:06
of negative media and make it impossible for her to
31:10
receive a fair trial in her federal sex trafficking case.
31:14
And then there was an argument there as well that
31:19
was made by the court end by the prosecution, I believe,
31:24
saying that that would mean that there's a presumption that
31:28
the jury pool is already tainted even if they released
31:32
this documentation, they would be that they're presuming that because
31:37
of this dump, because of this release, that it would
31:40
taint the jury pool. And I thought that was an
31:43
interesting point that the court brought up, because I think
31:46
that will go towards the decision they make. Right, if
31:50
they think that it won't impact the trial, if they
31:54
think it won't hurt her from having a fair trial,
31:58
then they're definitely going to go ahead and released this stuff.
32:02
So I thought it was a pretty interesting moment in
32:04
the trial. The secret documents relate to testimony Maxwell fifty eight,
32:10
gave in a now settled civil defamation lawsuit filed against
32:14
her in twenty fifteen by Jeffrey Epstein, accuser of Virginia Roberts.
32:20
Maxwell made statements about consensual and intimate conduct with other adults,
32:25
according to court papers. So, according to the court papers,
32:30
Maxwell made statements inside of that deposition regarding her consensual
32:36
conduct and intimate behavior with other adults. Yeah, I think
32:42
there's a lot more in there. I think that the
32:44
deposition definitely veered into other territory, Okay, non consensual territory.
32:51
If that was the case, if it was just about
32:53
consenting adults and it was just embarrassing, would she really
32:56
be fighting it this hard, spending this much money, bringing
32:59
this sort of legal team on board. I highly doubt
33:03
it folks, she relied on a promise of confidentiality when
33:08
she agreed to be deposed, Mueller told the panel, and look,
33:13
I get it right. There is definitely some confidentiality issues
33:17
that are going on here. There is no doubt about that.
33:21
And it's definitely something that the defense can argue, and
33:25
it's definitely some defensible It's a defensible position, honestly, to
33:30
be honest with you, But I don't think it supersedes
33:33
the right to the public's knowledge, considering this case, the
33:37
where it has come from, and the sort of douchebaggery
33:43
that has occurred previously in this case. He added that
33:48
many of the questions post to Maxwell were leading and revealing,
33:52
akin to when did you stop beating your wife? You know, Look,
33:59
I'm sure there are a lot of leading questions, and
34:01
I'm sure a lot of it is very, very embarrassing.
34:06
But at the end of the day, you can't go
34:09
around being involved in a child sex trafficking ring. You
34:12
can't be involved with people like Jeffrey at Epstein and
34:15
expect to have your secrecy and your privacy maintained. You
34:19
have been under the microsope since all of this first happened,
34:23
and if it wasn't for that illegal and draconian non
34:27
prosecution agreement, you would have been indicted a long time ago.
34:31
So again, the technicalities are what they're looking for. Did
34:37
she or did she not deny knowledge of any activity
34:40
involving underage miners? As Judge jose cabs Mueller declined to
34:46
answer the question, and I thought that was another pretty
34:49
interesting point that the judge made by mister jose Cabranis,
34:54
who was the presiding judge here. He asked that question
34:58
and Mueller did not answer it. He said that it
35:02
would perhaps bring stuff from the sealed and documents to
35:07
light now while it's still sealed. Blah blah blah blah blah.
35:11
Again technicality type stuff, right, So I thought, again, there
35:15
were a few points where the judges would ask questions
35:19
and I'd be like, oh, yeah, they're going to release
35:21
these documents. And then there were other points where they'd
35:25
ask questions of like David Boyse or the unit the
35:29
assistant US Attorney General, and I'd be like, oh man,
35:33
they're gonna keep this stuff sealed. So again, it's it's
35:38
really it's one of these one of these situations where
35:40
I really can't put my finger on it. Usually I
35:43
have a gut feeling one way or the other, like
35:45
you guys know, and I'll have an opinion for you,
35:48
but I really don't know which way they're leaning here.
35:52
In her separate criminal case, Maxwell is charged with perjury
35:56
for allegedly lying under oath during the twenty sixteen deposition.
36:01
US District Judge Loretta Presca, who was overseeing the litigation
36:05
over the release of the material, had ordered the documents
36:09
unsealed in July. Maxwell's lawyers appealed the decision, leading to
36:13
tuesday's hearing. Robert's attorney, David Boys, argued that the public
36:17
is entitled to the full release of the materials, and
36:21
you know, with that line of argument was fine and well,
36:25
but I don't think he was championing it being a
36:27
good enough champion for the rights of Virginia in this case.
36:31
He didn't make the case good enough in my opinion,
36:34
and defaulted back to the public being entitled. But the
36:38
public is not his client, so it was again, it
36:42
was a little weird, and I don't think it was
36:45
David Boy's best showing to be honest with you, with
36:47
all of the tongue twists and stuff. Like that. I
36:50
don't think it was the best showing, and man, I
36:54
don't know. Again, I don't know. At one point, Judge
36:59
Rosemary Pooler asked an attorney for the Miami Herald, who
37:02
has been fighting for the deposition's release, miss Maxwell may
37:07
be a victim as well, isn't that true? And when
37:11
she asked that question, my jaw dropped. I mean, I
37:14
get it. This is an appeals court. They're going to
37:16
ask those kinds of questions, especially when the other side
37:21
is saying that one of the reasons they want to
37:24
keep the names of Jane Doe one and two from
37:26
being revealed is because they're victims in the case, obviously,
37:31
So if their names are being hidden and being kept private,
37:36
why should Maxwell if she's a victim as well? According
37:39
to this judge her line of questioning, playing devil's advocate,
37:42
I would guess, why wouldn't Maxwell have the same presumption,
37:47
the same presumption to those rights as well. And I
37:50
think that's what this judge was getting at. But I
37:55
you know, the lawyer for the Miami Herald pretty much
37:58
shut it down right away, was like, that has nothing
38:01
to do with what we're talking about here anyway. So again,
38:06
it was kind of an oh shit moment when you
38:09
were like, did does judge really say that? Did Judge
38:12
Rosemary Pooler really just say that? And I just kind
38:18
of shook my head because you know that the defense
38:20
will love to latch onto something like that, so I
38:24
you know, again, I think she was playing Devil's advocate,
38:28
but it certainly is a strategy that you know, the
38:32
defense is going to try and use. Folks, They're going
38:35
to try and use the fact that Maxwell was so
38:38
called a victim of Jeffrey Epstein. That's what they're going
38:41
to try and use. Meanwhile, all of the evidence leads
38:44
to Maxwell having a leadership role, and I think once
38:47
you get into the trial phase and we're talking about
38:51
the heavy hitters, once we have Alison Moe arguing this case,
38:55
I think it'll go in a different direction. Obviously, because
38:58
Alison Moe is not going to let them off the hook.
39:01
If she continues to approach things the way she did
39:05
the arraignment, if she continues to approach things the way
39:08
she has throughout the criminal portion of this so far
39:12
since Maxwell has been arrested, then I think that Alison
39:15
Moe is going to crush all of Maxwell's lawyers when
39:19
it comes to trial time, when they're in the courtroom,
39:22
when all of the evidence is lined up, when discovery
39:25
is there, they're not going to be able to use
39:28
Oh well, ge Lane was a victim as well. That
39:31
shit's going to be shattered into a million pieces. The
39:37
newspaper's lawyer, Christine Wall, said she disagreed with the characterization,
39:41
but added it was irrelevant to whether the document should
39:44
be released, and she went into it a little bit
39:47
more than that, right, but the gist of it was
39:49
she disagrees with the fact that Maxwell is a victim
39:52
at all in this case, and furthermore that it has
39:55
nothing to do with if these documents should be released.
40:00
In another hearing before the Second Circuit Tuesday, Maxwell's lawyers
40:04
asked the panel to overturn US District Judge Alison Nathan's
40:08
decision blocking her from using evidence turned over in the
40:12
criminal case to fight the unsealing of the deposition in
40:16
this civil matter. Nathan is overseeing the British socialite sex
40:20
trafficking case, so they were trying to get it all
40:25
wrapped into one case, was what Maxwell's team was trying
40:28
to do, and the defense and the lawyers for the
40:33
excuse me, the lawyers for the survivors, and obviously the
40:36
state had wanted nothing to do with that. The panel
40:40
said they'd issue their decision in both hearings at a later,
40:44
unspecified date. Maxwell was arrested over the summer on a
40:48
sixth count federal indictment charging her with grooming three underage
40:52
girls to be sexually abused by her and Jeffrey Epstein,
40:57
the late financier pedophile, committed suicide allegedly while awaiting trial
41:02
on sex trafficking charges last year. All right, folks, so
41:06
there we are. This is where we're at so far
41:09
with the deposition and the unseiling of these documents. We
41:15
don't know when the ruling is gonna come down. All
41:17
sides have made their arguments. I don't know if they've
41:21
been made well in my opinion, maybe not so great,
41:26
But all arguments have been made and now all we
41:31
wait on is for the judge's decision. If you'd like
41:35
to contact me, you can do that at Bobby Kapuchi
41:37
at ProtonMail dot com. That's Bobby c ap u Cci
41:43
at ProtonMail dot com. You can also find me on
41:47
Twitter at bo bby underscore c ap u Cci. All
41:52
of the links that go at this episode can be
41:55
found in the description box. All Right, everybody, I hope