NEW YORK (AP) 鈥 A Justice Department request to unseal grand jury transcripts in the prosecution of chronic sexual abuser Jeffrey Epstein and his former girlfriend is unlikely to produce much, if anything, to satisfy the public鈥檚 appetite for new revelations about the financier鈥檚 crimes, former federal prosecutors say.
Attorney Sarah Krissoff, an assistant U.S. attorney in Manhattan from from 2008 to 2021, called the request in the prosecutions of Epstein and imprisoned British socialite 鈥渁 distraction.鈥
鈥 is trying to present himself as if he鈥檚 doing something here and it really is nothing,鈥 Krissoff told The Associated Press in a weekend interview.
Deputy Attorney General Todd Blanche made the request Friday, asking judges to unseal transcripts from grand jury proceedings that resulted in indictments against Epstein and Maxwell, saying 鈥渢ransparency to the American public is of the utmost importance to this Administration.鈥
The request came as the administration sought to contain that followed its announcement that it would not be releasing additional files from the Epstein probe despite previously promising that it would.
Epstein is dead while Maxwell serves a 20-year prison sentence
at age 66 in his federal jail cell in August 2019, a month after his arrest on sex trafficking charges, while Maxwell, 63, is serving a imposed after her December 2021 for luring girls to be sexually abused by Epstein.
Krissoff and Joshua Naftalis, a Manhattan federal prosecutor for 11 years before entering private practice in 2023, said grand jury presentations are purposely brief.
Naftalis said Southern District prosecutors present just enough to a grand jury to get an indictment but 鈥渋t鈥檚 not going to be everything the FBI and investigators have figured out about Maxwell and Epstein.鈥
鈥淧eople want the entire file from however long. That鈥檚 just not what this is,鈥 he said, estimating that the transcripts, at most, probably amount to a few hundred pages.
鈥淚t鈥檚 not going to be much,鈥 Krissoff said, estimating the length at as little as 60 pages 鈥渂ecause the Southern District of New York's practice is to put as little information as possible into the grand jury.鈥
鈥淭hey basically spoon feed the indictment to the grand jury. That鈥檚 what we鈥檙e going to see,鈥 she said. 鈥淚 just think it鈥檚 not going to be that interesting. ... I don鈥檛 think it鈥檚 going to be anything new.鈥
Ex-prosecutors say grand jury transcript unlikely to be long
Both ex-prosecutors said that grand jury witnesses in Manhattan are usually federal agents summarizing their witness interviews.
That practice might conflict with the public perception of some state and federal grand jury proceedings, where witnesses likely to testify at a trial are brought before grand juries during lengthy proceedings prior to indictments or when grand juries are used as an investigatory tool.
In Manhattan, federal prosecutors 鈥渁re trying to get a particular result so they present the case very narrowly and inform the grand jury what they want them to do,鈥 Krissoff said.
Krissoff predicted that judges who presided over the Epstein and Maxwell cases will reject the government's request.
With Maxwell, a petition is before the U.S. Supreme Court so appeals have not been exhausted. With Epstein, the charges are related to the Maxwell case and the anonymity of scores of victims who have not gone public is at stake, although Blanche requested that victim identities be protected.
鈥淭his is not a 50-, 60-, 80-year-old case,鈥 Krissoff noted. 鈥淭here鈥檚 still someone in custody.鈥
Appeals court's 1997 ruling might matter
She said citing 鈥減ublic intrigue, interest and excitement鈥 about a case was likely not enough to convince a judge to release the transcripts despite a 1997 ruling by the 2nd U.S. Circuit Court of Appeals that said judges have wide discretion and that public interest alone can justify releasing grand jury information.
Krissoff called it 鈥渕ind-blowingly strange鈥 that Washington Justice Department officials are increasingly directly filing requests and arguments in the Southern District of New York, where the prosecutor's office has long been labeled the "Sovereign District of New York" for its independence from outside influence.
鈥淭o have the attorney general and deputy attorney general meddling in an SDNY case is unheard of,鈥 she said.
Cheryl Bader, a former federal prosecutor and Fordham Law School criminal law professor, said judges who presided over the Epstein and Maxwell cases may take weeks or months to rule.
鈥淓specially here where the case involved witnesses or victims of sexual abuse, many of which are underage, the judge is going to be very cautious about what the judge releases,鈥 she said.
Tradition of grand jury secrecy might block release of transcripts
Bader said she didn't see the government's quest aimed at satisfying the public's desire to explore conspiracy theories 鈥渢rumping 鈥 pardon the pun 鈥 the well-established notions of protecting the secrecy of the grand jury process.鈥
鈥淚鈥檓 sure that all the line prosecutors who really sort of appreciate the secrecy and special relationship they have with the grand jury are not happy that DOJ is asking the court to release these transcripts,鈥 she added.
Mitchell Epner, a former federal prosecutor now in private practice, called Trump's comments and influence in the Epstein matter 鈥渦nprecedented鈥 and 鈥渆xtraordinarily unusual鈥 because he is a sitting president.
He said it was not surprising that some former prosecutors are alarmed that the request to unseal the grand jury materials came two days after the firing of Manhattan Assistant U.S. Attorney Maurene Comey, who worked on the Epstein and Maxwell cases.
鈥淚f federal prosecutors have to worry about the professional consequences of refusing to go along with the political or personal agenda of powerful people, then we are in a very different place than I鈥檝e understood the federal Department of Justice to be in over the last 30 years of my career,鈥 he said.
Krissoff said the uncertain environment that has current prosecutors feeling unsettled is shared by government employees she speaks with at other agencies as part of her work in private practice.
鈥淭he thing I hear most often is this is a strange time. Things aren鈥檛 working the way we鈥檙e used to them working,鈥 she said.
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Associated Press Writers Eric Tucker and Alanna Durkin Richer contributed to this report
