🧵Late last night, DOJ filed responses in both the Epstein and Maxwell cases, addressing each judge’s questions regarding the unsealing of grand jury materials.
DOJ also submitted the following ex parte and under seal:
-An index of the grand jury materials
-A complete set of unredacted grand jury transcripts
-A complete set of redacted grand jury transcripts
-A description of other grand jury materials (exhibits, etc.)
DOJ's effort to unseal the Epstein grand jury material in SDFL was recently denied due to the 11th Circuit's binding opinion in Pitch v. United States, which restricted the judge in that case from unsealing them.
DOJ knew this going in and conceded it in their filing. They made the filing, knowing it would be denied, for purposes of appeal later.
In the 2nd Circuit, where SDNY is, that court has held that “there are certain ‘special circumstances’ in which release of grand jury records is appropriate..."
The factors for trial-level courts to consider are:
1. Who's asking? 2. Is the defendant or gov't opposed? 3. Why is disclosure being sought? 4. What info is being sought? 5. How long ago was the grand jury? 6. What's the current status of those involved in the grand jury? 7. How much of the info sought has already been made public? 8. Are witnesses to the grand jury who might be impacted by its release still alive? 9. Is there a particular need for maintaining secrecy of the material in the case?
1. Who's asking?
DOJ.
And the fact that it is the DOJ asking “serve[s] as a preliminary indication that the need for secrecy is not especially strong,”
2. Is the defendant or gov't opposed?
Epstein is dead, so he has nothing to say on this.
Maxwell has yet to file her position on the matter.
3. Why is disclosure being sought?
a) "clearly expressed interest from the public in Jeffrey Epstein’s and Ghislaine Maxwell’s crimes."
b) "abundant public interest in the investigative work conducted by the Department of Justice and the Federal Bureau of Investigation into those crimes."
c) "Attention given to the Epstein and Maxwell cases has recently intensified in the wake of the July 6, 2025 Memo"
4. What info is being sought?
"the Government seeks the public disclosure of the grand jury transcripts in the Epstein and Maxwell cases"
They've indicated elsewhere in this filing and in others that they are seeking disclosures of exhibits and other materials, so I'm not sure why they do not say that here. Maybe it is implied?
5. How long ago was the grand jury?
Epstein was June/July 2019
Maxwell was June/July 2020 and March 2021
6. What's the current status of those targeted by the grand jury?
Epstein is dead.
Maxwell is incarcerated.
7. How much of the info sought has already been made public?
The transcripts have not been made public, though "certain aspects and subject matters of the transcripts became public during Maxwell’s trial."
"Many" of the victims/witnesses who testified to the grand jury later testified at trial and "some have also made public those factual accounts in the course of civil litigation."
8. Are witnesses to the grand jury who might be impacted by its release still alive?
The same FBI agent testified in both cases, and an NYPD detective testified in Maxwell.
Both are still alive and still working.
A list has been filed under seal of which victims are still alive.
9. Is there a particular need for maintaining secrecy of the material in the case?
"the grand jury transcripts contain victim-related and other personal identifying information related to third parties who neither have been charged or alleged to be involved in the crimes with which Epstein and Maxwell were charged"
That info will be redacted.
Additionally,
-DOJ reviewed the Epstein and Maxwell grand jury transcripts prior to filing (likely as part of their review before the July 6 Memo)
-Notice has been provided to all but one of the victims referenced in the grand jury materials
-Notice to other individuals identified in the transcripts is ongoing
Ha, remember that story that went around about AG Bondi telling Trump that he is in the Epstein files? Well, one, he already knew that, and two, she had notice him as part of this process!
I have a hunch that there's documentation that he HELPED CATCH Epstein back in the 2000's , maybe even an unserved subpoena for Trump to testify AGAINST Epstein!
Filing is signed by @AGPamBondi @DAGToddBlanche and @SDNYnews 's Jay Clayton.
@AGPamBondi @DAGToddBlanche @SDNYnews Also, completely separate from DOJ's efforts to unseal grand jury materials in Epstein and Maxwell is the recent 2nd Circuit Court of Appeals decision in Giuffre v. Maxwell.
@AGPamBondi @DAGToddBlanche @SDNYnews Picking that one apart will require far more time and posts in this thread than I can provide right now, but suffice to say that some materials from that case, which are currently sealed, MAY be unsealed in the future.
The DOJ and FBI have given @ChuckGrassley some 'dasting emails and internal memos re: Clinton Campaign/Fusion GPS/Steele Dossier/DNC nexus of corruption.
The emails "appear to show that Cooney [of USADC] and Pilger [of DOJ-PIN] stopped investigative steps into the matter."
Exchanges occurred between June 5, 2019 and June 21, 2019.
The parties are an FBI Agent, Richard Pilger of DOJ's Public Integrity Section, J.P. Cooney of the U.S. Attorney's Office for D.C., and AnnaLou Tirol of the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).
"the FBI agent asked questions as to why the Clinton Campaign/Fusion GPS/DNC matter did not make a “good candidate to open an investigation” given there appeared to be “unambiguous concealment” by the DNC and Clinton Campaign for payments related to the production of the Steele Dossier."
"A federal judge expressed deep skepticism Thursday about whether a federal prosecutor handpicked by President Donald Trump to bring criminal cases against his political rivals was legally appointed to the role."
U.S. District Judge Cameron Currie promised she would rule on the matter before Thanksgiving.
The grand jury transcripts "confirmed that “Ms. Halligan acted alone,” without any other government attorneys in the room. That could threaten both cases if Currie ultimately decides Halligan was invalidly appointed"
"a portion of the grand jury proceedings that led to Comey’s indictment was “missing,” leaving certain aspects of Halligan’s interactions with the grand jury unreviewable."
In the lead-up to this afternoon's hearing, both sides made filings in support of their respective positions on the disclosure of grand jury materials.
Comey wants the grand jury materials disclosed; Govt wants the judge to review them in camera. 1/n
Last week, Mag. Judge Fitzpatrick denied DOJ's motion for a filter protocol and ORDERED them to turn over to Comey "all materials seized pursuant to the four 2019 and 2020 [Arctic Haze] search warrants," all grand jury material, and more.
DOJ appealed the order to disclose grand jury material.
Judge Nachmanoff DENIED the appeal, finding that "Judge Fitzpatrick’s Order regarding the disclosure of the grand jury materials falls within the matter referred to him..." and remands the matter back to Fitzpatrick for further proceedings.
2/n
Fitzpatrick set a hearing on the issue of disclosure of the grand jury material for today at 4pm.
The @USAO_SDFL "is recruiting prosecutors and restructuring its chain of command in preparation for a grand jury investigation expected to target former Justice Department officials and others involved in cases against President Donald Trump." 1/n
"The exact scope of the grand jury effort—which one of the individuals described as “special counsel oversight”—remains unclear."