Ghislaine Maxwell, the former girlfriend and longtime associate of financier Jeffrey Epstein, asked a federal judge on Wednesday to overturn her 2021 sex-trafficking conviction and end her 20-year prison sentence. She claimed that “substantial new evidence” had emerged proving that constitutional violations during her trial had ruined the fairness of her proceedings.
The Habeas Petition
Maxwell’s request is a habeas corpus petition, a legal mechanism that allows a court to review the legality of a person’s detention. The petition, which she has been preparing since August, argues that evidence that would have exonerated her was withheld and that false testimony was presented to the jury. She says the cumulative effect of these constitutional violations resulted in a “complete miscarriage of justice.”
The filing in Manhattan federal court states: “Since the conclusion of her trial, substantial new evidence has emerged from related civil actions, Government disclosures, investigative reports, and documents demonstrating constitutional violations that undermined the fairness of her proceeding.” It adds that, “In the light of the full evidentiary record, no reasonable juror would have convicted her.”
New Evidence and Constitutional Violations
The petition lists several sources of the new evidence: civil actions related to the Epstein case, disclosures from the government, investigative reports, and documents that detail constitutional violations. Maxwell’s attorneys argue that these materials show ineffective legal counsel and unfair trial conditions that compromised her right to a fair trial.
She maintains that the withheld information would have led to her exoneration in the 2021 trial. The petition emphasizes that the withheld evidence and false testimony together created a “complete miscarriage of justice,” a phrase that underscores the gravity of the alleged violations.
Epstein Files Transparency Act and Record Release
The petition was filed just two days before the records in Maxwell’s case were scheduled to be released publicly under the Epstein Files Transparency Act. President Donald Trump signed the law after months of public and political pressure, and it requires the Justice Department to provide the public with Epstein-related records by December 19.
In response to the new transparency law, the Justice Department announced plans to release 18 categories of investigative materials from the massive sex-trafficking probe. These categories include search warrants, financial records, notes from interviews with victims, and data from electronic devices.
The release of these documents is intended to increase public access to the evidence that has been used in the criminal and civil proceedings involving Epstein and his associates.
Legal Proceedings and DOJ Actions
Jeffrey Epstein was arrested in July 2019 on sex-trafficking charges and was found dead in his cell at a New York federal jail a month later, with the death ruled a suicide. Maxwell was arrested a year later and was convicted of sex trafficking in December 2021. After her July 2021 interview with the Justice Department’s second-in-command, she was moved from a federal prison in Florida to a prison camp in Texas.
The Justice Department asked a New York federal judge to permit grand jury and discovery materials gathered before Maxwell’s trial to be released publicly. Attorney David Markus wrote on her behalf that while Maxwell “does not take a position” on unsealing documents from her case, doing so would create undue prejudice so severe that it would foreclose the possibility of a fair retrial if her habeas petition succeeds. Markus noted that the records “contain untested and unproven allegations.”
Last week, Judge Paul A. Engelmayer in Manhattan granted the Justice Department’s request to publicly release the materials. Engelmayer, who had previously rejected unsealing requests before the transparency law was passed, said the materials “do not identify any person other than Epstein and Maxwell as having had sexual contact with a minor.”
On Wednesday, U.S. Attorney Jay Clayton said during a news conference on another topic that he would follow the law and the judge’s orders pertaining to the records.
Key Takeaways
- Maxwell filed a habeas petition in August, arguing withheld evidence and false testimony violated her constitutional rights.
- The petition cites “substantial new evidence” from civil actions, government disclosures, investigative reports, and documents that undermine the fairness of her 2021 trial.
- The Justice Department plans to release 18 categories of investigative materials under the Epstein Files Transparency Act, with public access slated for December 19.
The case underscores the ongoing legal scrutiny of the Epstein investigation and the impact of newly released evidence on past convictions. Whether the court will grant Maxwell’s request remains to be seen, but the petition highlights significant concerns about the integrity of her original trial.
