The 2nd U.S. Circuit Court of
Appeals in Manhattan said there was a
presumption the public had a right to see
Maxwell's 418-page deposition, which was taken
in April 2016 for a now-settled civil defamation
lawsuit against her.
In an unsigned order, the court also said U.S.
District Judge Loretta Preska in Manhattan did
not abuse her discretion in rejecting Maxwell's
"meritless arguments" that her interests
superseded that presumption.
Lawyers for Maxwell did not immediately respond
to requests for comment, including whether they
plan a further appeal.
The order upheld Preska's decision in July to
release the deposition and hundreds of other
documents from the 2015 defamation lawsuit by
Virginia Giuffre, one of Epstein's accusers.
That case was settled in 2017, and many of the
documents have been made public.
But Maxwell's lawyers said bad publicity from
disclosing "intimate, sensitive, and personal
details" from the deposition could undermine her
ability to defend against criminal charges that
she enabled Epstein's sexual abuses.
They said the British socialite thought her
deposition would remain confidential, and that
releasing it would violate her constitutional
right against self-incrimination, and imperil a
fair trial because jurors might hold its
contents against her.
The appeals court separately rejected Maxwell's
request to modify a protective order in her
criminal case, so she could access confidential
materials she hoped would persuade Preska to
keep the deposition under wraps.
Maxwell, 58, has pleaded not guilty to helping
Epstein recruit and groom underage girls as
young as 14 to engage in illegal sexual acts in
the mid-1990s, and not guilty to perjury for
having denied involvement in the deposition.
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A trial is scheduled for next
July.
Giuffre said she was a teenager when Maxwell
pulled her into Epstein's circle, where she was
groomed and trafficked for sex with Epstein and
other wealthy, powerful men.
The push to unseal the deposition came from
Giuffre and the Miami Herald newspaper, which
had investigated Epstein's conduct and his
successful effort in 2007 to avoid federal sex
trafficking charges. Lawyers for
Giuffre and the newspaper were not immediately
available for comment. The U.S. Department of
Justice, which opposed modifying the protective
order, did not immediately respond to a similar
request.
Maxwell was arrested on July 2 in New Hampshire,
where prosecutors said she had been hiding out.
She has been locked up in a Brooklyn jail after
U.S. District Judge Alison Nathan, who oversees
the criminal case, called her an unacceptable
flight risk.
Epstein killed himself at age 66 in August 2019
at a Manhattan jail while awaiting trial on
federal sex trafficking charges announced the
previous month.
The cases in the 2nd U.S. Circuit Court of
Appeals are Giuffre v. Maxwell, No. 20-2413, and
U.S. v. Maxwell, No. 20-3061.
(Reporting by Jonathan Stempel, Editing by
Rosalba O'Brien)
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