Judge Denies Government's Request to Unseal Epstein Grand Jury Transcripts

Today's decision by Judge Richard Berman (S.D.N.Y.), in U.S. v. Epstein, is here; here's the summary from the docket entry:

The principal ruling in this case is that Federal Rule of Criminal Procedure 6(e) governs and that there is clear precedent and sound purpose for grand jury sealing.The Government concedes that no Rule 6(e)(3) "exceptions" to grand jury secrecy apply in this case. At the same time, the Government fails to demonstrate any "special circumstance[]" which might justify unsealing….

And a brief excerpt from the opinion:

The Government is the party seeking disclosure-however unusual it is for the Government to seek to unseal grand jury material…. A significant and compelling reason to reject the Government's position in this litigation is that the Government has already undertaken a comprehensive investigation into the Epstein case and, not surprisingly, has assembled a "trove" of Epstein documents, interviews, and exhibits. And, the Government committed that it would share its Epstein investigation materials with the public. The Government's 100,000 pages of Epstein files and materials dwarf the 70 odd pages of Epstein grand jury materials….

The Government is the logical party to make comprehensive disclosure to the public of the Epstein Files. By comparison, the instant grand jury motion appears to be a "diversion" from the breadth and scope of the Epstein files in the Government's possession. The grand jury testimony is merely a hearsay snippet of Jeffrey Epstein's
alleged conduct.

Comments

[Zarniwoop]

I’m shocked, shocked! that the Trump administration would try to hide the 100K pages of docs in DOJ’s possession while simultaneously attempting to divert attention from their abject failure to keep their promises.

[CEF]

Isn't everything that was presented to the grand jury also within the possession of the Justice Department (plus, presumably, a lot more?) Why isn't that being released? Did sealing the grand jury records also have the effect of sealing everything at the DoJ, only to be unsealed with court approval?

[David Nieporent]

Isn't everything that was presented to the grand jury also within the possession of the Justice Department

Not the transcripts of the proceedings, or documents subpoenaed by the grnd jury. I mean, yes, those are literally in the possession of DOJ, but they're covered by the grand jury secrecy rules. (To clarify: if the documents' release would reveal that they had been connected to the grand jury investigation, they're covered; if they're independently available, they are not.)

In these particular cases, there just isn't much there; the grand juries didn't need to do a whole lot of investigating before indicting Epstein/Maxwell.

[Estragon]

I suspect Paul cassell has a few thoughts. The lack of regard by DOJ for the victims here is pretty staggering.