OK - now US v. #GhislaineMaxwell day of closing arguments begins, after AUSA Maurene Comey Sunday afternoon said public and press should not see the slides in real time. Inner City Press opposed and will live tweet, thread below patreon.com/posts/60104483
Judge Nathan asks if the exhibits that have been withheld throughout the trial have at least been put in the public docket this morning. No - only on DOJ's USAfx password protected site. And no defense exhibits in sight. #CourtroomConfidential
Amid secrecy, lunch time for jurors is being discussed.
Judge Nathan: The government will go straight through "then an early lunch." The defense, then rebuttal, charge and deliberations possibly beginning today. A comfort break somewhere in there.
Judge Nathan: Stay a few minutes away, so Ms. Williams can reach you, if the jury has notes or a verdict.
Note: Inner City Press' immediately filing opposition to withholding of slides and all defense exhibit still not docketed. It's here: documentcloud.org/documents/2116…
Judge Nathan: Anything else? The box is turned.
[That is, the speaker's box, so that the public can't see. Note: no problem without confidentiality / privacy of victims / survivors. But they are withholding ALL slides and demonstratives, and all defense exhibits
And note: SDNY Judge Rakoff, when Inner City Press requested in US v. Weigand (Eaze / Wirecard case), ordered that all exhibits, US and defense, be put on a public website, not just USAfx. Inner City Press asked Judge Nathan to follow the precedent here: UNdocketed
While awaiting entry of jury & US argument, noting that yesterday after Inner City Press wrote to Judge Nathan, AUSA Comey and 2 on defense, suddenly exhibits from much earlier in the case were put onto USAfx, redacted, including Virginia Roberts' school records
There are also Epstein Victims Compensation Fund general releases, one for Annie Farmer and another with name redacted. And a long video Inner City Press is still belatedly downloading. Hide the ball until the last day, then put it up in redacted form
Jury entering - all rise!
[Ghislaine Maxwell is in a beige sweater today, at defense table with Bobbi Sternheim. In front row of gallery, Kevin Maxwell and, yes, Leah Saffian innercitypress.com/sdnytrial48cma…
Judge Nathan: We'll break early for lunch, then we'll come back and hear Ms. Menninger. Then another break. Rebuttal by the government & instructions from me. Ms Moe?
AUSA Moe: Ghislaine Maxwell was dangerous. She targeted a girl whose father had just died [Jane]
AUSA Moe: Maxwell ran the same playbook again and again. She groomed them. She caused deep and lasting harm to young girls. It is time to hold her accountable.
[Maxwell flipping through papers, flipping hair].
AUSA Moe: You've heard from law enforcement officers
AUSA Moe: You've seen documents: phone messages, and a little black book with victims' names. This summation is our opportunity to explain who all this evidence fits together. Maxwell is guilty.
Today I'm going to talk to you about 8 different reasons she's guilty
AUSA Moe: First, Maxwell and Epstein were partners. They were in a romantic relationship. Maxwell wrote this document. [Not show to public or press.]
AUSA Moe (reading from slide not shown to press or public) "A couple for 11 years... great partners... rarely apart... best of friends." Does that sound like a personal assistant? No.
AUSA Moe: When you're with someone for 11 years you know what they like. Epstein liked young girls. Epstein could not have done this alone. A single middle aged man inviting a girl to a ranch is creepy. That set of "alarm balls."
AUSA Moe: Maxwell as key - you saw photos how close they were. Let's look at those. [Not shown to press or public]
AUSA Moe: You are looking at Maxwell and Epstein swimming naked in a pool. [Not shown during closing - and otherwise redacted or withheld] Here she is massaging Epstein's feet with her breasts.
AUSA Moe: Look at this exhibit, GMax about lotions. [Not shown to press or public]. Here's Juan Alessi's testimony about washing off dildos and returning them to a basket in Maxwell's bathroom.
AUSA Moe: Let's turn to Annie. She was hoping to go to a good college. Kate, she was alone a lot. She was dazzled by this impressive woman who made her feel special. Jane has been sexually abused by family members; her mother was an alcoholic
AUSA Moe: Maxwell was hanging out with these girls alone. Annie told you when she got to New Mexico, she found herself along with Maxwell and Epstein. They were isolating these girls for a reason. They paid for Jane's voice lessons and tuition.
AUSA Moe: For Annie, it started with Maxwell telling her to rub Epstein's feet. For Jane, it was Maxwell topless by the pool and talking about boyfriends, escalating to sexualized massages on Jeffrey Epstein. Maxwell touched 3 of the 4's breasts
[Three of the four survivor / witnesses]. Jane told you; Maxwell did it to Annie too. Annie wanted to get off the massage table. Maxwell touched these girls' bodies. It's not an accident. It happened again and again and again.
AUSA Moe: Jane didn't become Epstein's so-called god-daughter by accident. Maxwell is guilty.
Here's what they did to Jane. This is Jane. [Photo not shown to press or public.] You learned of years of sexual abuse.
AUSA Moe: There are documents. Here's Jane's application to Interlochen [not shown to press or public]. There are flight logs. [Not shown during closing, perpetrators' names redacted along with victims in version belatedly provided]
AUSA Moe: She saw Maxwell topless by the pool. You know that, because now you've seen Maxwell topless by the pool. Jane told you how Epstein walked her to the pool house and he started masturb*ting on her. [Etc - this is in, but flight logs redacted
[Once US closing has already begun, the jury charge is finally put into the docket - Inner City Press will review it asap, or other can
AUSA Moe: You saw in Jane's face how hard it was for her to talk about this. She had to touch Epstein's pen*s. There were hands everywhere. There was horrifying group encounters with other women. It wasn't just in Florida, but also in NY but private jet
[by private jet, and commercial flights too]
AUSA Moe: There weren't any scholarship boys. No selection criteria beyond being a pretty, young, vulnerable girl. Jane was 14 and 15 and 16. He was use vibrat*ors...
AUSA: Here's the massage room in New York [not being shown to press or public]
[Just uploaded 1 hour video of search warrant executed on Jeffrey Epstein residents belatedly made available, onto YouTube
AUSA Moe: Jane told Matt she had a godfather, that she had to do things she hadn't wanted to do it. That there was a woman who made her feel comfortable. Matt told you, "there was a woman in the house who made her feel comfortable." You know that's Maxwell.
AUSA Moe: You heard expert testimony from Doctor Rocchio. She's an expert. She told you, victims are less likely to tell the closer they are to the perpetrator. Maxwell was like a big sister to Jane.
AUSA Moe: Jane named five women who participated in group sex: Emmy, Kelly, Eva, Sophie and Michelle. The defense tried to undermine Jane on Eva and Michelle. But Jane never gave the last name. The black book had another Eva, and three Michelles. It was a sideshow
AUSA Moe: Annie told you how when Epstein touched her on the movie theater, he stopped when Maria was looking. Annie then flew to New Mexico, her mother thought it was about a scholarship.
AUSA Moe: Maxwell started ratcheting things up. Maxwell wanted to show Annie how to rub his feet. You saw the photo of Maxwell massaging Epstein's feet with her breast. This was not part of a mentoring program.
AUSA Moe: Maxwell was trying to normalize sex, because she was a predator. Maxwell insisted on giving Annie a massage, and touched her breasts. It was not therapeutic. This is not on the list of spa treatments anywhere.
AUSA: Mulligan remembered that Annie told him that Maxwell had bought her a pair of cowboy boots, and touched her breasts during the massage. In 2006 Annie told the FBI the same thing.
AUSA Moe: Now let's talk about Carolyn. She was introduced by Virginia Roberts. This is the same girl that Juan Alessi remembered, how at Mar-A-Lago Maxwell told him to pull over and went to talk to her.
AUSA Moe: Carolyn said Virginia told her how to make money, giving a massage to a wealthy man. Then Virginia and Epstein started having sex in front of her. This is the massage room. [Not shown to press or public.] This was not a place for therapeutic massages
AUSA Moe: Here by the master bedroom is a drawing of a young girl pulling down her underwear. Maxwell understood what was happening in that case. This was the beginning of years of sexual abuse. Sometimes Sarah Kellen would call Carolyn.
AUSA Moe: The phone messages corroborate Carolyn's testimony.
[Moe sites Government Exhibit 608, which is not among those belatedly uploaded yesterday. Also this one
AUSA Moe: All of the masseuses are female. Who needs this many masseuses? The notes say, Mom, Dad. None of this was legitimate... Here's the employment record at Mar-A-Lago of Sky Roberts, Virginia's dad.
AUSA Moe: Here's an entry, "Melissa, Carolyn's friend." This proves that Maxwell is guilty.
[In the front row of the gallery, both Kevin Maxwell and Isabel Maxwell are leaning over, looking at exhibits that were handed to them - but withheld from press and public
AUSA Moe: In 2002, Epstein paid Maxwell $5 million... So it's a total of $30.7 million. Ask yourself, what was Maxwell doing for Epstein worth that? Epstein wanted to touch underage girls. Maxwell knew what the money was for.
AUSA Moe: Virginia Roberts was 17 and flying on the jet with Epstein and Maxwell. Virginia brought Carolyn to the Palm Beach house, when Carolyn was 14. It was a pyramid scheme of sex abuse.
AUSA Moe: The defense tried to tell you when Maxwell dated Ted Waitt, she was no longer around Epstein. False - she was still the lady of the house. Look at this manual.
AUSA Moe: There were no boys on Maxwell's list. She slept in a bedroom with a bathroom with lotions, and another bathroom where the dildos were stored. And Epstein paid Maxwell millions of dollars. She knew. She was complicit. She is guilty.
AUSA Moe: Let's talk about the charges, six counts. [Note: CourtListener still does not have the jury charge, which was only docketed on PACER this morning]
[Note - even now during the closing argument, with all slides and demonstrative withheld, searching in PACER for the jury charge, doesn't seem it's there, just a six page cover letter. #Fail
AUSA Moe: Beyond the law, and venue, let me respond to what the defense has said. In their opening, Maxwell's counsel said Maxwell is being blamed for something a man did. But she made her own choices.
AUSA Moe: This case is about manipulating young girls. And the case was about money. Carolyn got a few hundred dollars, Maxwell got $30 million.
AUSA Moe: This trial was also about memory - you heard about trauma. They argue Maxwell was too busy to commit these crimes. But Maxwell had personal assistants, and a woman to walk her dog. She ordered sand to be delivered to Epstein's private island.
AUSA Moe: Their expert Elizabeth Loftus tried to convince people they say Bugs Bunny at Disney World. She admits she is an advocate for the defense. She's made a lot of money.[Does not mention Harvey Weinstein, or Robert Durst, etc]
AUSA Moe: The payments under the Epstein victims compensation fund are done, the witnesses have no financial stake in the outcome of this trial. They are corroborated, by Juan Alessi, Mulligan, and the witnesses called Matt and Shawn
AUSA Moe: There is only one conclusion, that Maxwell is guilty and you should convict her. Use your common sense. You will reach the only verdict consistent with the evidence: Maxwell in guilty.
Judge Nathan: We're going to take a lunch break. [It's 11:16 am]
Judge Nathan: No discussions about the case.
Bobbi Sternheim: The massage table coming from California is not enough [for interstate commerce]. We want a limiting instruction.
Soon podcast and stories on InnerCityPress.com and patreon.com/MatthewRussell…
[Eager to record short podcast - but defense keeps arguing, for mistrial, against invocation of grooming by proxy. And now -]
AUSA: We showed the listings in the list of masseuses of numbers for Mom and Dad.
Judge Nathan: I deny the motion for a mistrial.
Judge Nathan took to the bench at 10:10 am and said, I've gotten a note. The jury wants the transcripts of the testimony of Jane, Annie and Carolyn.
It will be assembled and sent to them via the Court Security Officer, who's been sworn in for this function.
Courtroom is empty again; three long transcripts going back to jury. For now, Inner City Press has objection and uploaded the (partially redacted) US Attorney's Office slides from yesterday's closing argument, put 'em here on DocumentCloud documentcloud.org/documents/2116…
OK - in US v. #GhislaineMaxwell, now AUSA Maurene Comey's rebuttal summation - with all slides and demonstratives withheld from Press and public. Inner City Press challenged documentcloud.org/documents/2116… and will live tweet Comey's rebuttal, thread below
AUSA Comey: Ghislaine Maxwell touched three witnesses breasts. The defense tried to get you to look way through the massive amount of evidence Ms. Moe walked you through this morning [all slides and demonstratives withheld from public and Press]
AUSA Comey: You saw it in this exhibit [withheld] - who needs that many massages? She was in the room, she knew. The $30 million is "we molested kids together" money.
OK - in US v. #GhislaineMaxwell now defense closing by Laura Menninger. Inner City Press covered US' closing, with all slides withheld (UNdocketed challenge here documentcloud.org/documents/2116…, and will live tweet this, thread below
Maxwell's lawyer Menninger: I am not here to defend Jeffrey Epstein. He is not my client. The US presented evidence like a sensational tabloid. Private island, photos. These were things that Epstein did, perhaps, his crimes. But Ghislaine Maxwell is not Epstein
Menninger: Where are the other 37,000 photographs? Who was in them? You don't know. They didn't bring you those photos. There were folders and binders. But they brought you the most innocuous photos of a couple that was once together.
OK - in US v. #GhislaineMaxwell, it's the Saturday "charging conference" to argue how the jury will be instructed before they deliberate on Maxwell's fate. Inner City Press will live tweet, thread below. #MaximumMaxwell
Judge Nathan: I have distributed my draft charge. Now we will discuss it.
Maxwell's lawyer Everdell: We say foreign commerce should be excluded. There's no evidence in the record about Ms. Maxwell enticing Virginia Roberts, only of Roberts enticing Carolyn.
AUSA: We're OK with removing foreign commerce from Counts 1-4.
[Note: Ghislaine Maxwell is here, sitting in the corner as ever with two (female) U.S. Marshals behind her, today in gray sweater.]
Judge Nathan: Mr. Everdell, help me find each "foreign commerce."
OK - now Jan 6 multi-defendant case 21-cr-40 DDC incl MCCAUGHEY, MORSS, CAPPUCCIO, SILLS & KLEIN, Judge McFadden is holding a proceeding- with a public call-in line, like US v. #GhislaineMaxwell could/should have had. Inner City Press will live tweet, thread below
The proceeding begins with not-guilty pleas to superseding indictment, now by (former US State Department employee) Federico Klein, count 34, obstruction of a civil proceeding, count 51, violence with a deadly building in a restricted building. Pleads: Not guilty
In the wider case, Judge McFadden: Defendant claims a fire cracker is not a deadly weapon. I deny the motion to dismiss. Also before me is Morss' motion for release. The government has submitted photos & evidence of what happened on Jan 6. Detention is warranted.
OK - it's US v. #GhislaineMaxwell trial Day 12, defense arguing to keep their case open until Monday for a final, 81-year old witness. Inner City Press is reporting on the case and will live tweet, thread below patreon.com/posts/60022486
Judge Nathan: I'm letting in the documents about residence versus ownership. If I weren't, you might have a point. Is this deposition transcript new to you?
Maxwell's lawyer: She was deposed in a slip and fall case.
Judge Nathan: You'll provide the transcript.
Judge Nathan: I have a rule, you have your next witness or you rest. If otherwise the case closes today, it closes today.
[Couldn't Maxwell's lawyers just do super-long direct examination? And what about the 3 day hiatus?]