#BREAKING: Judge Nathan has DENIED the defence’s request to keep their motion for a new trial for #GhislaineMaxwell secret. She will allow them to make narrowly-tailored redactions to protect privacy but said there is no legal reason to keep the entire motion sealed.
Firstly, and importantly, Judge Nathan confirms in her order that “much of the information relied upon in the Defendant’s motion and the Government’s response is publicly available.”
Secondly, she agreed with the prosecution’s argument that “Court is the relevant fact-finder with respect to any potential hearing and it is obviously privy to the information whether filed under seal or filed publicly.”
Judge Nathan said that she will allow narrow redactions to the motion only to protect the privacy of jurors, and she will allow redactions if the parties do, in the future, uncover any information relevant to the potential inquiry that has not yet been reported in the press.
Also, Judge Nathan writes: “Importantly, following the Court’s resolution of the Defendant’s motion or a hearing, if one is ordered, all redactions will be promptly unsealed except those necessary to protect any continuing interest in juror anonymity and privacy.”
This makes clear that as soon as the the motion for a new trial has been resolved, *everything* will be made public apart from anything that threatens juror privacy.
Also, Judge Nathan makes clear in this order that she *has not even decided yet if a hearing on this question is warranted.* She continually refers to the possibility that this will just be decided based on the briefs submitted by the parties with no further hearing necessary.
“Restricting public access to judicial documents… must be “narrowly tailored to serve that interest.” Wholesale sealing of the motion papers, even on a temporary basis, is not narrowly tailored to serve the interest in ensuring the integrity of any potential inquiry.”
Judge Nathan has also DENIED Juror 50’s motion to intervene in the case, saying that there is no legal precedent to allow a juror to intervene when there is a chance he may be subject to a post-trial inquiry.
But she also DENIED the defence’s request to keep Juror 50’s motion to intervene under seal, saying again that the court needs to protect the right of public access to court documents.
“The Defendant fails to articulate how docketing Juror 50’s own motion could affect the testimony of any potential witness and ultimately affect the integrity of any inquiry into Juror 50’s conduct. The possibility of media attention does not outweigh the presumption of access.”
One more important thing: The order makes clear that once we’ve established that everything in the defence’s motion for a new trial is already public knowledge, it seems that the defence just wants to keep their *legal argument* for a new trial secret. #GhislaineMaxwell
And, as Judge Nathan says, there’s no reason to allow that. This question can be argued in open court like everything else. #GhislaineMaxwellTrial
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#BREAKING: Ghislaine Maxwell's motion for a new trial was unsealed at 1am ET this morning. It is **not** about the jurors who told the press they had been victims of sexual abuse. It does not contain a single reference to these jurors. #GhislaineMaxwell#GhislaineMaxwellTrial
Instead, the motion for a new trial relates ENTIRELY to things that happened *during* the trial. It is a challenge to rulings that Judge Nathan made during the trial and instructions she gave to the jury before they went out to deliberate. More on that momentarily. But first...
What happened here? On my reading, either a) the defence realised that nothing untoward happened during jury selection in terms of the jurors who had been abused, but capitalised on the fuss made by the tabloids by making it seem like this was the basis of their motion.
BREAKING: The jury in the #GhislaineMaxwellTrial has just sent a note to Judge Nathan requesting the transcripts of FIVE additional witnesses: Elizabeth Loftus, the witness we are calling “Shawn” to protect his privacy, Amanda Young, Cimberly Espinosa and Jason Richards.
Elizabeth Loftus is the defence’s expert witness who testified about the science of “false memories”, and about the potential for human memory to be contaminated by suggestion or “post-event information”.
Shawn is Carolyn’s ex-boyfriend. Shawn corroborated Carolyn’s story, saying that he remembers Carolyn visiting the Palm Beach house frequently when she was underage, and that she “worked” for Epstein. He remembers that she would leave the house with hundreds of dollars in cash.
It’s 5.21am in New York and I’m here at the federal courthouse ready for another day of jury deliberations in the #GhislaineMaxwellTrial. The jury has been asked to stay later than usual tonight, so maybe we’ll have a verdict sometime today??
#BREAKING: the jury in the #GhislaineMaxwellTrial has sent another note to the judge asking for the transcript of Matt’s testimony. Matt was Jane’s ex-boyfriend and was called by the prosecution to corroborate her story.
Matt testified that Jane told him about *both* Maxwell and Epstein while they were dating. He said Jane described Epstein as a “godfather” like figure who helped her mum pay the bills. But, importantly, Jane told Matt at the time that “the money wasn’t for free.”
Matt testified that Jane told him that Epstein had an “adult female friend” who “made her feel comfortable” spending time with him. When Maxwell was arrested, Matt said he asked Jane: “Is that the woman you told me about?” and she said “yes”.