DOJ Renews Bid to Have Court Unseal Epstein, Maxwell Grand Jury Materials

The Department of Justice said it would make appropriate redactions to protect victims’ identities and other personal information.

Then-acting U.S. Attorney for the Southern District of New York, Audrey Strauss, announces charges against Ghislaine Maxwell during a press conference in New York on July 2, 2020. Johannes Eisele/AFP via Getty Images

The Department of Justice (DOJ) renewed its request on Nov. 24 to unseal grand jury materials related to the case of deceased convicted sex offender Jeffrey Epstein and his accomplice Ghislaine Maxwell, following the passage of the Epstein Files Transparency Act last week.

In a motion filed to a U.S. District Court in the Southern District of New York, the DOJ said the Epstein Files Transparency Act—which President Donald Trump signed into law on Nov. 19—reflects the congressional intent to override grand jury secrecy.

“In the light of the Act’s clear mandate, the Court should authorize the Department of Justice to release the grand jury transcripts and exhibits and modify any preexisting protective orders that would otherwise prevent public disclosure by the Government of materials of which is required by the Act,” it stated.

The DOJ said it would make appropriate redactions to protect victims’ identities and other personal information. The law requires that any redactions be accompanied by a written explanation, which must be published in the Federal Register and submitted to Congress.

It requested that the court issue an expedited ruling, as the Act requires the DOJ to release all unclassified records and investigative materials related to the case within 30 days.

In August, U.S. District Judge Richard Berman denied the DOJ’s bid to unseal the grand jury materials, ruling that officials had failed to provide sufficient justification for unsealing the files and citing potential safety risks to victims.

U.S. District Judge Paul Engelmayer on Aug. 11 denied a similar motion in Maxwell’s case, finding that granting the motion “would bloat the ‘special circumstances’ doctrine, which to date has warranted disclosure in only a tiny number of cases, all involving unique testimony by firsthand witnesses to events of obvious public or historical moment.”

After the Epstein files bill cleared the Senate, the DOJ filed a renewed motion on Nov. 21 to a U.S. District Court in Florida to unseal the grand jury materials, followed by a second filing in the Southern District of New York on Nov. 24.

Grand jury materials are typically kept private. Exceptions outlined in federal rules allow the unsealing of materials, and special circumstances, including public interest, can permit unsealing outside those exceptions.

Epstein was convicted in 2008 in a Florida state court for procuring a child for prostitution and soliciting a prostitute after pleading guilty. He was later arrested in 2019 on sex trafficking charges.

His former girlfriend and associate, Maxwell, was sentenced in 2022 after she was found guilty of child sex trafficking and other offenses. In August 2019, Epstein was found dead in his New York jail cell in what was ruled a suicide.

Zachary Stieber and Jack Phillips contributed to this report.