The administration of Donald Trump requested that two federal judges unseal long-secret grand jury transcripts of the sex trafficking charges of Jeffrey Epstein and Ghislaine Maxwell. The Justice Department made the midnight requests on Tuesday, requesting release in response to what it termed “abundant public interest” and continued criticism of how federal authorities pursued the cases.
Trump’s request to open the documents follows his conservative supporters increasingly loudly accusing the government of a cover-up of Epstein’s links to prominent figures. Epstein was found dead in prison in 2019, having taken his own life while awaiting trial. Maxwell was found guilty in 2021 and is currently serving a 20-year term in Florida. They both entered pleas of not guilty.
Midnight Filings, Mounting Pressure
The DOJ originally sought the court’s permission on July 18 to release sealed testimony of both grand juries. But US District Judges Richard Berman and Paul Engelmayer requested prosecutors to explain their rationale for the law before making a decision.
In turn, prosecutors on Tuesday night at midnight filed new briefs. They claimed the public has a right to access because the case is high-profile and remains the subject of ongoing controversy regarding how it was processed. Trump previously confirmed that he instructed Attorney General Pam Bondi to urge the release of the transcripts.
Conspiracy Theories and Calls for Transparency
Epstein’s case has been so deeply involved in conspiracy theories over the years. Some conservatives think Epstein was killed in prison and that the federal government is covering up damning information, most notably a so-called client list.
The DOJ refuted such rumours. It concluded earlier this month that Epstein killed himself and said no such client list exists. The announcement was met with criticism from Trump supporters who see it as a cover-up.
Maxwell, who is currently jailed in Florida, is appealing her conviction in the US Supreme Court. In the meantime, Deputy Attorney General Todd Blanche, a former lawyer for Trump, spent two days of closed-door meetings with Maxwell last week discussing whether she has information regarding other offenders.
Legal Limits and Prior Setbacks
Grand juries are secret, and their transcripts rarely see the light of day. Judges have a narrow legal exception to release them, but they seldom do so.
Even if released, the transcripts are not likely to include new or significant information. Many of the witness testimonies in Maxwell’s 2021 trial were already out there. In addition, grand jury documents contain many unsubstantiated tips and unsworn witness statements not offered in court.
On July 23, a second federal judge, Florida’s Robin Rosenberg, turned down a similar request from the Trump administration to unseal documents from previous grand jury proceedings in 2005 and 2007. She determined that the request failed to meet the legal standard for an exception.
Trump Uses Transparency Push
This new legal gambit is about more than a quest for transparency — it’s a political maneuver. Trump has been criticized by his right-wing base for the DOJ’s recent findings. By requesting sealed documents to be made public, he is trying to demonstrate that he is not a part of any establishment conspiracy.
The plan is part of a larger attempt to restore confidence with base voters who now have doubts about the integrity of federal law enforcement, even during his tenure. Whether or not the judges grant the request, Trump’s message to his base is unmistakable: He demands answers, and he demands them publicly.
Public Interest vs. Legal Precedent
The pressure to publish the grand jury transcripts could push the boundaries of judicial confidentiality in celebrity cases. Judges are now going to balance the extraordinary public interest against centuries-old standards of law.
Even if released, the files are unlikely to answer public interest, but political forces have already begun to take shape.
