Topline
Longtime Jeffrey Epstein associate Ghislaine Maxwell will remain incarcerated and her conviction on sex trafficking charges will stand, as the Supreme Court announced Monday it will not take up an appeal of her case.
Jeffrey Epstein and Ghislaine Maxwell at Cipriani Wall Street on March 15, 2005 in New York City.
Patrick McMullan via Getty Images
Key Facts
The Supreme Court said Monday they will not take up Maxwell’s case, announcing the decision as part of a broader orders list and not offering any explanation for the decision.
Maxwell was convicted on sex trafficking charges in connection to Epstein, as victims alleged she helped recruit women to the financier’s alleged sex trafficking operation and took part in their abuse, and was sentenced to 20 years in prison.
The British socialite argued her prosecution should be overturned because of a 2007 non-prosecution agreement that Epstein made with federal prosecutors in Florida, which stated that if Epstein followed the terms of the agreement, his associates would not be prosecuted.
The government argued that the agreement only barred prosecutors from bringing charges against Epstein associates in Florida, and does not affect Maxwell’s prosecution, which was brought in New York.
The Supreme Court’s decision comes as Maxwell’s case has gained renewed attention in recent months, amid a public outcry over the Justice Department’s refusal to release any more of its Epstein files, and after Maxwell was interviewed by the DOJ—and controversially was subsequently moved to a minimum-security facility.
Maxwell’s attorney David Oscar Markus said in a statement Monday he is “of course, deeply disappointed” about the Supreme Court’s decision, but claimed “this fight isn’t over.”
Chief Critic
“Serious legal and factual issues remain, and we will continue to pursue every avenue available to ensure that justice is done,” Markus said in a statement Monday. It’s unclear what any further steps could look like, as there is no further way to appeal Maxwell’s case beyond the Supreme Court.
Could Trump Pardon Ghislaine Maxwell?
While the Supreme Court’s decision means Maxwell’s conviction will stand, the Epstein associate could still get a lifeline from President Donald Trump. Since Maxwell was convicted on federal charges, she’s eligible for Trump to pardon her or commute her sentence, and Markus has previously openly urged the president to do so. After Maxwell finished her interview with the DOJ, Markus told reporters that while he hadn’t yet discussed any pardon with the White House—and a pardon was not promised in return for her sitting down with the government—the defendant would “welcome any relief” from Trump. “It’s the right thing to do, and we have faith that the right thing will happen sooner rather than later,” Markus said, adding he “hope[s]” Trump exercises his pardon power “in a right and just way.” Trump, for his part, has not ruled out pardoning Maxwell, whom the president was known to socialize with in the 1990s and early 2000s and has spoken fondly of. “I’m allowed to do it, but it’s something I have not thought about,” Trump previously said in July.
Will Ghislaine Maxwell Testify To Congress?
Maxwell’s appeals process coming to a close also raises questions about whether the British socialite could now testify to Congress, after the House Oversight Committee issued a subpoena for her testimony. Markus previously sent a letter to the committee arguing Maxwell could not testify while her appeal was still ongoing, noting that doing so “could compromise her constitutional rights, prejudice her legal claims, and potentially taint a future jury pool.” Rep. Robert Garcia, D-Calif., the Oversight Committee’s ranking member, suggested Monday lawmakers could now make a new push for her to testify in light of the Supreme Court’s ruling. “Maxwell has been subpoenaed by the Oversight Committee and must now answer our questions truthfully,” Garcia said, as quoted by Insider.