Ghislaine Maxwell Loses Fights To Seal Giuffre Documents Except For Non-Party Does
By Matthew Russell Lee, Patreon Photo thread
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SDNY COURTHOUSE, July 1 – After the death of Jeffrey Epstein in the MCC prison, Virginia Giuffre, Annie Farmer and others are pursuing civil litigation for sex trafficking against his "madame" Ghislaine Maxwell and his estate.
On July 23, 2020 SDNY Judge Loretta Preska read out ruling unsealing many documents, while Maxwell's lawyer asked for a stay to appeal, citing Maxwell's imprisonment and July 2021 trial. Inner City Press live tweeted it, below.
Jump cut nearly a full year later, and the push for sealing, and decisions to deny, continue. Inner City Press tweeted Judge Preska's July 1, 2021 proceeding, here:
Maxwell has argued that unsealing of document just leads to online coverage. Uh, yeah. Judge Preska: "It's not the job of the Court to police press coverage." Hear, hear. Judge Preska: "Alan Derschowitz' name should be unsealed, as his request."
Judge Preska: Redact the names of the non-party Does. 397, unseal as at 135. 398, paragraph 7 shall remain sealed as it references a non-party Doe.
Judge Preska: This document will remain sealed because it marshals evidence in a way that could be prejudicial to Ms. Maxwell's rights at trial. Inner City Press will have more on this.
Judge Preska: The following shall remain sealed: Docket Number 641-2, 655, 656, 656-1, 2, 3, 4, 5, 6, 7, 8 and 9; 700, 701, 701-1, 701-2, 707, 709, 714, 715, 715-1, 715-2, all shall remain sealed. I ask counsel to confer and prepare the others for unsealing.
Judge Preska: If for example it said, Doe with purple hair and three arms, she could be identified. So it should remain sealed... We've all seen things in the public press. We understand what we are going. There are Does we've read about in the tabloids.
Judge Preska: Anything else today? Counsel, nice to see you. Happy Independence Day. Adjourned.
This case is Giuffre v. Maxwell, 15-cv-7433 (Preska)
On February 26, 2021 Giuffre's counsel Nicole Moss wrote to Judge Preska complaining of delay by Dershowitz in producing his Harvard University email. Dershowitz, the filing says, blames this on Harvard seeking to review all email for compliance with the Family Educational Rights and Privacy Act (FERPA).
On March 25, Judge Preska held a proceeding on this, which began on a delay. Inner City Press waited and live tweeted it, here:
in Giuffre v. Dershowitz case, issue is availability of Harvard U emails: confidential, further reviewing them or making others pay for the review.
Judge Preska: Why should it be on plaintiff's head to pay the costs of Harvard?
A: This is discover that plaintiff is seeking from a third party. If it were up to Professor Dershowitz he would forego these emails covered by FERPA.
Judge Preska: Of course he would.
Dershowitz' lawyer: Dershowitz has produced thousands of documents --
Judge Preska: You know that's irrelevant.
Dershowitz' lawyer: It's important context. And plaintiff says she only has texts back to Nov 2018. She had a preservation duty. It's not fair.
Dershowitz's lawyer: A ruling here that his emails are not privileged would have far-reaching implications. Ms. Giuffre has an expert, a law professor at -
Judge Preska: I know, in Utah -
Dershowitz's lawyer: So let's get his emails.
Dershowitz' lawyer: They framed the complaint in a way that allows us to ask for this information. They accused Professor Dershowitz of being a raping, a sex trafficker with Jeffrey Epstein and Ghislaine Maxwell. Now they will reap what they sow [in discovery]
Then, it was over.
What was accomplished? Many of the fiings are sealed, or "Selected Parties Only." Watch this site.
Back on August 17 Judge Preska held a conference, largely about protective order and also possible deposition of Les Wexner. Inner City Press live tweeted it:
Judge Preska: I am well familiar with the Maxwell case. Isn't the issue you raise solved by seeking leave in advance? Given the problems we've had in Maxwell, let's avoid extraneous documents attached to motions.
Judge Preska: Is there any reason what is produced in this action should have to be produced in the state action?
Christian Kiely for Dershowitz: We had agreed to only take one deposition, not two, for each. But they made up file a motion to compel. So, no.
Imran Ansari (also for Dershowitz) - we have a New York State proceeding tomorrow... We oppose a carte blanche approach that is unfair to Professor Dershowitz.
Judge Preska: What if I consult with the NYS Justice? Any objection?
No. No. Judge Preska: Do you have his number?
Ansari: I'll email it to your chambers. Judge Preska: On Mr. Wexner, I propose that we wait.
A: There is close to zero % change Mr. Wexner is going to voluntarily agree to be deposed.
A: Professor Dershowitz is entitled to depose Wexner to memorialize the denial that has been put in in a letter an hour ago. [Inner City Press tweeted a photographfrom that letter, here.]
Judge Preska: I must get to the issue. What else do you want to talk about, Counsel?
Nothing from the defendant.
Judge Preska: I will look for a protective order tomorrow. Get on it. Thanks for being on.
Judge Schofield said she does not see lumping in the complaint, and that does not think that the motion or motions Ghislaine Maxwell was suggesting she would make would be worth the time.
Maxwell's lawyer Laura Menninger of Denver's Haddon, Morgan and Foreman, P.C. was urged to submitted a letter or answer in a week's time. Menninger pushed forward, saying that given the case's link to New Mexico and that Farmer is not a resident of New York, the shorter of the statute of limitation might apply.
Judge Schofield repeated that the defendants, also for executors of Epstein's estate Darren K. Indyke and Richard D. Khan, should file in a week's time. Inner City Press will continue to follow and report on this case. It is Farmer v. Indyke, et al, 19-cv-10475 (Schofield).
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