Ghislaine Maxwell makes pitch to Supreme Court
Source: ABC News
The U.S. Supreme Court should hear Ghislaine Maxwell's appeal of her 2021 sex trafficking conviction because the government has an "obligation to honor" a non-prosecution agreement with Jeffrey Epstein that inoculated Maxwell from any criminal charges, her lawyers argued in a brief to the Supreme Court Monday.
"Plea and non-prosecution agreements resolve nearly every federal case. They routinely include promises that extend to othersco-conspirators, family members, potential witnesses. If those promises mean different things in different parts of the country, then trust in our system collapses," the brief said.
Federal prosecutors have argued that the non-prosecution agreement applied only in Florida and did not bind New York, where charges against him, and subsequently Maxwell, were brought.
"It is not geographically limited to the Southern District of Florida, it is not conditioned on the co-conspirators being known by the government at the time, it does not depend on what any particular government attorney may have had in his or her head about who might be a co-conspirator, and it contains no other caveat or exception. This should be the end of the discussion," the defense brief said.
Read more: https://abcnews.go.com/Politics/ghislaine-maxwell-makes-pitch-supreme-court/story?id=124144128

Fiendish Thingy
(20,217 posts)Set Maxwell free, and prepare yourself for five new, liberal justices in 2029.
Prairie Gates
(5,741 posts)What do you think about the merits of the appeal? There's at least something to the idea that if you make a deal with federal prosecutors in the Southern District of Florida that deal has to be honored in the Southern District of New York as well, no? The Roberts court has of course been perfectly happy to smash federalism when it benefits the Republican Party and inflate a giant Leviathan of federalism when it suits the Republican Party, so there's no telling how their supposed belief systems will view this federalist argument. They would at least get to knock it down while pretending to their usual antifederalist nonsense. I suspect they'll avoid the issue altogether and simply say that the agreement must explicitly apply to Maxwell or the question is moot, thereby avoiding the whole problem of turning every local US Attorney's office into a de facto separate jurisdiction.
Fiendish Thingy
(20,217 posts)I was just projecting the likely fallout if the Roberts court was foolhardy enough to overturn Maxwells conviction.
The uproar would create a momentum for court expansion that Dems could act upon, kill the filibuster and expand the court without fear of voter backlash.
Miguelito Loveless
(5,109 posts)as commanded by their masters.
Prairie Gates
(5,741 posts)extends to Maxwell implicitly is another matter.
That said, it does seem to beg the question of why Epstein would kill himself so early in the process if he did have a fairly good grounds for appeal on this issue - certainly better than Maxwell's, since the agreement was explicitly with him.
IbogaProject
(4,726 posts)So I hope they say NO !!
bluestarone
(20,005 posts)They will decide to drop her charges and release her from ever testifying again. The FIX is in. (Please tell me i'm wrong in my thinking)
Attilatheblond
(6,779 posts)It's a lose/lose situation for Roberts, and he's a coward, so probably not going to take the bait.
I'm not a legal eagle, but an observer of cowards from way back. Roberts knows the ice under him is getting mighty thin.
tishaLA
(14,677 posts)it's so disgusting that I'm sure she'll have five safe votes.
Marie Marie
(10,382 posts)UpInArms
(53,194 posts)Unless she was specifically named in the non prosecution agreement, she has no grounds
Attilatheblond
(6,779 posts)She forgot a couple of things:
She's female and therefore her entitlement card isn't as good as if she was male.
She has become an inconvenience to a lot of powerful entitled males. Wonder what the actuaries are for women like her.
onenote
(45,525 posts)Jacson6
(1,461 posts)She wasn't involved in the Epstein 2008 plea deal at all.
Attilatheblond
(6,779 posts)onenote
(45,525 posts)The non-prosecution agreement provided that "if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesley Groff, or Nadia Marcinkova."
The decision to allow the prosecution of Maxwell did not turn on a finding by the court below that it wasn't intended to cover her. It turned on the issue before the SCOTUS -- is the agreement enforceable only in the district where it was entered or in any district in the country.
Personally, I think the Court should uphold the ruling below that allowed the prosecution to move forward, but it's hardly a slam dunk
bluestarone
(20,005 posts)All this court needs is any kind of loophole that will protect TSF. I say it's a SLAM DUNK for this court to allow her to go free! (then turn up dead later)
3825-87867
(1,490 posts)of the agreement? SInce he"died" I would think, no, but I don't work for tramp.
onenote
(45,525 posts)Per the agreement, he appeared in state court and pled guilty to the pending state indictment charging felony solicitation of prostitution and, pursuant to the NPA, to a criminal information charging him with procurement of minors to engage in prostitution. Upon the joint request of the defendant and the state prosecutor, and consistent with the NPA, the court immediately sentenced Epstein to consecutive terms of 12 months incarceration on the solicitation charge and 6 months incarceration on the procurement charge, followed by 12 months of community control. Epstein began serving the sentence that day, in a minimum-security Palm Beach County facility.
Soon after he was incarcerated, Epstein applied for the Palm Beach County Sheriffs work release program, and the Sheriff approved his application. In October 2008, Epstein began spending 12 hours a day purportedly working at the Florida Science Foundation, an entity Epstein had recently incorporated that was co-located at the West Palm Beach office of one of Epsteins attorneys. Although the NPA specified a term of incarceration of 18 months, Epstein received gain time, that is, time off for good behavior, and he actually served less than 13 months of incarceration. On July 22, 2009, Epstein was released from custody to a one-year term of home detention as a condition of community control, and he registered as a sexual offender with the Florida Department of Law Enforcement.
usonian
(19,391 posts)Why, I'll bet
JoseBalow
(8,026 posts)so he can play dumb and deny any knowledge or culpability. He learned that trick from Roy Cohn.
He always tries to avoid getting his own hands dirty at all costs... Just ask his caddies.
hadEnuf
(3,324 posts)after she says exactly what he wants her to say.
The fix is in.
mdbl
(7,044 posts)Just like the rightwing SCROTUS judges.