Epstein Secrets

413 United States Court of Appeals for the Second Circuit Plaintlff-Appelke, —against— GHISLA1NE MAXWELL, Defendant-Appellant, SHARON CHURCHER, JEFFREY EPSTEIN, Respondents, JULIE BROWN, MIAMI HERALD MEDIA COMPANY, ALAN M. DERSHOWITZ, MICHAEL CERNOVICH, DBA CERNOVICH MEDIA Intervenors. ON APPEAL FROM TH

and sexual trafficking of minors. Her lawyers intended to prove the defamation claim solely by, in effect, "prosecuting" Ms. Maxwell as a proxy for Epstein. App. p 116, ¶ffil 8-10; p 119 9¶ 27; p 122, ¶ 12; p 123, 51114, 16; p 124,9120. 3 EFTA00075485 Case 20-2413, Document 40, 08/20/2020, 2913550, P

MAXWELL, Defendant-Appellant, SHARON CHURCHER, JEFFREY EPSTEIN, Respondents, JULIE BROWN, MIAMI HERALD

n material should remain sealed to vindicate Ms. Maxwell and other individuals' reasonable reliance on the judicial promise of confidentiality. See TheStreet.Corn, 273 F.3d at 229-31 (recognizing the importance of reliance interests in assessing whether to allow access to sealed documents (citing Martind

3d 132,139 (2d Cir. 2016)). A district court "necessarily abuses its discretion if its conclusions are based on an erroneous determination of law." TheStreet.Com, 273 F.3d at 229 (quoting Crescent Publ'g Op., Inc. v. Playboy Enters., Inc., 246 F.3d 142,146 (2d Cir. 2001)). "Reviewable-for-abuse-of-discr

r, "An Appeal to Lillian Hellman and Mary McCarthy," 5/11/80 New York Times 2 Stephen Rex Brown, Manhattan federal prosecutors declined to pursue Jeffrey Epstein and Ghislaine Maxwell case in 2016, New York Daily News (Oct. 13, 2020) 9 Rules Fed. R. Civ. P. 1 12 Constitutional Provisions U.S. CONST. am

ing a time- honored if unfortunate litigation tactic, her lawyers at Boies Schiller therefore sought to turn the lawsuit into a proxy prosecution of Epstein. Not surprisingly, discovery in the case was bitter, hard-fought, and wide-ranging. It spanned more than a year and included large document product

replied, "I don't know what you're talking about." And when asked to "[I]ist all the people under the age of 18 that you interacted with at any of Jeffrey's properties," Maxwell responded, "I'm not aware of anybody that I interacted with, other than obviously I who was 17 at this point." Count Five o

ony when she testified during her July 2016 deposition that: (1) she could not recall whether sex toys or devices were used in sexual activities at Epstein's Palm Beach house; (2) she did not know whether Epstein possessed sex toys or devices used in sexual activities; (3) she wasn't aware that Epstein w

ctive orders were easily modified . . . parties would be less forthcoming in giving testimony and less willing to settle their disputes." S.E.C. v. TheStreet.Com, 273 F.3d 222, 230 (2d Cir. 2001). In particular, as here, "witnesses might be expected frequently to refuse to testify pursuant to protective o

remaining sealed materials. I. BACKGROUND A. Jeffrey Epstein's Conviction and the CVRA Suit The origins of this

Jeffrey Epstein's Conviction and the CVRA Suit The origins of this case lie in a decade-old criminal proceeding against financier Jeffrey Epstein ("Epstein"). On June 30, 2008, Epstein pleaded guilty to Florida state charges of soliciting, and procuring a person under the age of eighteen for, prostitut

remaining sealed materials. I. BACKGROUND A. Jeffrey Epstein's Conviction and the CVRA Suit The origi

); the protection of attorney-client privilege, Lugosch, 435 F.3d at 125; "the danger of impairing law enforcement or judicial efficiency," SEC. v. TheStreet.Com, 273 F.3d 222, 232 (2d Cir. 2001); and "the privacy interest of those who resist disclosure," id. " Our discussion here focuses specifically on

t be considered a "judicial document" and would enjoy no presumption of public access. 3 Finally, in appropriate o' Fed. R. Civ. P. 26(c); see also TheStreet.Com, 273 F.3d at 229-30. 41 See, e.g., S.D.N.Y. Electronic Case Filing Rules & Instructions, February 1, 2019 Edition, Rule 6.1, http:finysd.us

Filed 04/06/18 Page 2 of 21 TABLE OF CONTENTS TABLE OF AUTHORITIES ii PRELIMINARY STATEMENT 1 I. INTERVENORS' COVERAGE OF ALLEGATIONS AGAINST JEFFREY EPSTEIN AND GHISLAINE MAXWELL 2 II. THE OVERBROAD SEALING ORDER AND PRIOR ATTEMPTS TO UNSEAL 3 III. THE ORDER DENYING THE MOTIONS TO UNSEAL 6 ARGUMEN

ve journalist at the Miami Herald with over twenty years of experience. For over three years, the Miami Herald has reported on and investigated Mr. Epstein and others who were involved in the sexual abuse of underage girls. Recent court filings, both in federal and state court, have raised new allegatio

I. INTERVENORS' COVERAGE OF ALLEGATIONS AGAINST JEFFREY EPSTEIN AND GHISLAINE MAXWELL 2 II. THE OVERB

tions between those law enforcement agencies and Mr. Epstein's legal defense team, and the ultimate decision

ers, pursuant to Rule 24 of the Federal Rules of Civil Procedure, either as a matter of right or permissively. See, e.g., Sec. and Exch. Conan it v. TheStreet.Com, 273 F.3d 222, 227 n.4 (2d Cir. 2001); Schiller v. City of New York, No. 04 CIV. 7921(KMK)(JC), 2006 WL 2788256, at *2 (S.D.N.Y. Sept. 27, 2006

e remaining sealed materials. I. BACKGROUND A. Jeffrey Epstein's Conviction and the CVRA Suit The origins of thi

ffrey Epstein's Conviction and the CVRA Suit The origins of this case lie in a decade-old criminal proceeding against financier Jeffrey Epstein ("Epstein"). On June 30, 2008, Epstein pleaded guilty to Florida state charges of soliciting, and procuring a person under the age of eighteen for, prostitu

e remaining sealed materials. I. BACKGROUND A. Jeffrey Epstein's Conviction and the CVRA Suit The orig

; the protection of attorney-client privilege, Lugosch, 435 F.3d at 125; "the danger of impairing law enforcement or judicial efficiency," SEC. v. TheStreet.Com, 273 F.3d 222, 232 (2d Cir. 2001); and "the privacy interest of those who resist disclosure," id. *4 151In this case, the District Court erred

t Ghislaine Maxwell, alleging that Maxwell had defamed by stating that was not the victim of sex crimes perpetrated by, among others, Maxwell and Jeffrey Epstein ("Epstein"). (15-cv- 7433, Dkt. No. I.) Boies Schiller represented the plaintiff in the litigation, and continues to represent her on a pending post

ll, alleging that Maxwell had defamed by stating that was not the victim of sex crimes perpetrated by, among others, Maxwell and Jeffrey Epstein ("Epstein"). (15-cv- 7433, Dkt. No. I.) Boies Schiller represented the plaintiff in the litigation, and continues to represent her on a pending post-settlemen

the allegations against Epstein and suggesting that the plea deal constituted Government misconduct. Liam Stack, US. Opens Inquiry Into Handling of Jeffrey? Epstein's Sex Abuse Case, N.Y. Times (Feb. 6, 2019), https://www.nytimes.com/2019/02/06/usfibi-jeffrey-epstein.html. The expose garnered attention

ther Judge made the requisite fmdings in his decisions granting the various motions to seal publicly-filed documents that were made in See, e.g., TheStreet.Com, 273 F.3d 222, 231 (2d Cir. 2001) ("While Martindell established a general and IS SDNY_GM_00000889 CONFIDENTIAL EFTA_00114973 EFTA01263260