Judge Richard Berman Had to Remind Todd Blanche to Think of Jeffrey Epstein’s Victims
In response to his motions to unseal grand jury testimony in the Epstein and Maxwell dockets, Judges Richard Berman and Paul Engelmayer (who got the case on reassignment from Alison Nathan, who is now at Second Circuit) gave Blanche a homework assignment.
[T]he Court cannot rule on the motion without additional submissions.
[snip]
The Second Circuit has identified the following as a non-exhaustive list of factors for district courts to weigh in considering applications for disclosure:
- the identity of the party seeking disclosure;
- whether the defendant to the grand jury proceeding or the Government opposes the disclosure;
- why disclosure is being sought in the particular case;
- what specific information is being sought for disclosure;
- the current status of the principals of the grand jury proceedings and that of their families;
- the extent to which the desired material — either permissibly or impermissibly — has been previously made public;
- whether witnesses to the grand jury proceedings who might be affected by the disclosure are still alive; and
- [whether there is an] additional need for maintaining secrecy in the particular case in question.
The letters are largely identical. They both ask, for example, whether Blanche bothered to notify the victims.
The Court also directs the Government to state in the memorandum whether, before filing the instant motion, counsel for the Government reviewed the [Epstein/Maxwell] grand jury transcripts and whether the Government provided notice to the victims of the motion to unseal.
Berman, who had this to say at the hearing on dismissing the indictment against Epstein, added one detail.
The victims have been included in the proceeding today both because of their relevant experiences and because they should always be involved before rather than after the fact.
In his unsealing memo, Blanche cited the DOJ/FBI memo attempting to shut all this down, focusing on whether there was evidence to predicate a case.
On July 6, 2025, the Department of Justice and Federal Bureau of Investigation issued a memorandum describing an exhaustive review undertaken of investigative holdings relating to Jeffrey Epstein (the “Memorandum”).1 The Memorandum detailed the steps taken by the Department of Justice and Federal Bureau of Investigation to determine whether evidence existed that could predicate an investigation into uncharged third parties.
1. https://www.justice.gov/opa/media/1407001/dl?inline.
It took Judge Berman, in his paragraph instructing victims to weigh in by August 5, to also mention the later reference in the DOJ/FBI letter”
See Gov’t Motion at 1 n.1. (This is a 2 page, undated, unsigned U.S. Department of Justice and Federal bureau of Investigation memo. According to the Government, “Epstein harmed over one thousand victims. Each suffered unique trauma. Sensitive information relating to these victims is intertwined throughout the materials. This includes specific details such as victim names and likenesses, physical descriptions, places of birth, associates, and employment history.”)
Todd Blanche — the President’s defense attorney — was focused on declaring uncharged third parties free of criminal liability. Berman had to remind him that DOJ claimed this is about victims.
A SDNY AUSA, Jeffrey Oestericher, who is representing the government in some of the high profile immigration cases, has joined these dockets. Sadly, Blanche won’t have to do this homework assignment himself. Because I bet that after firing Maurene Comey, it will take some time to do the victim notification that DOJ did not do.
Remember, too, that Blanche said he was making a similar request in SDFL, but thus far it has not been identified yet. For all we know Aileen Cannon could be intervening here without public notice!
Incidentally, the 2019 transcript is worth perusing for the victims’ statements, as well as the way that Comey spoke of the victims and vice versa.
I would also like to note that, as the government has previously mentioned, this dismissal in no way lessens the government’s resolve to stand up for the victims in this case, both those who have come forward and those who have yet to do so. We agree with your Honor’s sentiment that those victims should be respected, and we appreciate your Honor’s recognition of that.
[snip]
[Brad Edwards] And on behalf of all of victims, I would like to thank your Honor for the fairness with which they’ve been treated, and the United States Attorney’s office for the way in which you have handled this investigation, and especially how you have treated the victims in this case.
[snip]
[David Boies] I want to, as prior counsel have, commend both the Court and counsel for the Department of Justice for the consideration and respect and attention that they have paid to the victims. We believe that that is not only right, as a matter of human dignity, but we think that is exactly what the law requires and intends.
Update: This, from Lawrence O’Donnell, notes that the only one Trump has said anything nice about was Ghislaine Maxwell.
If I were the victims, I just might hire Comey, and make a group reply to the court that names who, what happened, and where. Then I would not just give it to the court, but publish it before the court would release anything. Take their power back by naming their rapists. Timing of their stories going public is their power to not be victims again.
Gee whiz. I knew there were victims, but I had no idea there were more than one thousand. That’s a lot of ruined lives.
Thanks.
I watched Lawrence O’Donnell last night — and it was riveting.
Instead of taking me on a bus drive, he took me on a bike ride, where I could learn firsthand from the victim’s mouth
their pain.
The problem is the MAGA crowd is not interested in any homework assignment.
It would have been helpful to provide the link to O’Donnell’s show last night.
People has published that Grok is saying the Obama situation is a shallow distraction attempt, or something like that: https://people.com/grok-calls-trumps-obama-probe-baseless-attempt-distract-from-epstein-11777082
Adding to direct Epstein related criticism, the bot appears to share the view that Trump is casting shame falsely.
Ordinarily I would discourage the use of and reliance on any AI, but in Grok’s case it’s programmed to propel certain kinds of biased material as the recent hubbub about Grok pushing anti-semitic pro-Nazi content demonstrated.
Which makes it likely right-wingers will view this response from Grok as yet more biased content and not the truth, though it is.
Freudian slip alert. To Todd Blanche, the billionaire insiders and high finance executives that sheltered or enabled Epstein were the “real victims” here, which is why he didn’t mention women who were sexually assaulted and systemically abused as teenagers.
Spot on.
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A poster carried by a protester:
Why does every woman know another woman that was raped but no man knows a rapist?
My take on that; “No man SAYS he knows a rapist.”
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If Todd Blanche is going to talk to Maxwell, then overwhelming odds are that we’ll never get the truth from her. They’ll make a deal with her to make sure she doesn’t throw Trump under the bus.
But I’m wondering about some of EW’s prior posts, which suggest (1) that Maxwell may have plenty of damaging information she’s holding, and (2) the leak to the WSJ was a shot across the bow to Trump from that trove of damaging information. I’m wondering who else may have access to that material (other than her lawyers, who are duty-bound to hold it and use it as a bargaining chip). The only way we’re going to learn about the extent of the interactions between Trump and Epstein, I think, is if a third party spills that information into the public domain.
It’s also annoying how Blanche said “no administration on behalf of the Department” had done this before. That’s because the DOJ – at least until recently – was not supposed to take orders from the President in the first place.
Marcy,
Thank you for creating a video for your readers. I love reading your written words but every once in a while, and this is the perfect moment, i enjoy watching you, on camera, in addition to your Fridays with Nicole Sandler, world class prescient legal reporting. I agree with you GM, will find her voice, with Todd Blanche, suddenly, after choosing to remain silent by availing her 5th amendment rights throughout her entire recent federal prosecution 2021 conviction 2022. Not to address victim’s, rather to voice evidence, in-exchange for release from prison after 2022 conviction for trafficking 14 year old girls for wealthy adult men to rape.
A while back some people speculated Trump would not make it through 4 years and JD would take over, and then seek two consecutive terms of his own. JD visited the Murxdochs in Montana, and now Trump’s suing the Murdoch empire. And nobody is asking JD if he knows what happening.
Who dug this buried body to go on YouTube?https://www.youtube.com/watch?v=oQjIvmw0BIE
well, either he went to persuade Murdock and company to not publish the letter, or he went to tacitly encourage it…don’t see another possibility
Speaking of welfare queens and waste, fraud and abuse, Mike Johnson is taking the summer off to give his knees time to heal.
Good one!
I called his office yesterday stating Congress has been shut down by Jeffrey Epstein because Trump needs more “space” to deal with his sexual abuse problem.
I reminded him this is about young girls sexually trafficked and assaulted by powerful men who exploited them and a system that let them get away with it. Protect children, not pedophiles.
What I don’t grasp when reading the orders by the judges Berman and Engelmayer (linked at the very beginning of Marcy’s post above) is: How can they expect “any letters on behalf of the victims setting out their positions on grand jury disclosure … due on or before August 5, 2025” when they, at the same time, assume that government hasn’t yet informed the victims? If (more likly when) government doesn’t send notifications to the victims, are the victims then precluded from consent or objection to the grand jury disclosure? Or will it be assumed by the courts that there is no consent, and, without consent, disclosure is prohibited?
The post is excellent. I was wrong initially thinking the Epstein question would not grow legs this time because it languished after Epstein’s strange death and during and after Maxwell’s capture and trial. Now the thing might grow while the House is recessed, into an impeachment where the Trump hold on GOP loyalty will have had time to lessen as more information percolates into public knowledge.
If JD does get an impeachment caused shot at the presidency, or Trump steps down, should we expect a replay of the Ford pardon? Ford lost reelection over that. JD knows it.
Two potential
pedophiles,
one convicted,
one elected
and turned into an immortal
righteousness indestructible
after being Aileen Canonized
Just saw that the judge declined to release grand jury materials, which was entirely predictable. The DOJ mailed it in on their arguments, effectively making sure their request would never be granted. The exercise serves its purpose: now Trump can blame the judge and say he really wanted it done.
With Todd Blanche woodshedding Maxwell and Speaker Johnson buying Trump a few months, the whole strategy of the administration is falling into place. One hopes it won’t be enough to satisfy the large number of people who are rightly concerned about Trump’s ties with Epstein.
Two months of silence for the QAnons to fill will the screams of Epstein conspiracy. That’s why Gabbard, in my opinion, are making all these bonkers claims about Hilary, Biden and Obama. They are throwing bones out to the QAnons hoping they’ll bite on something not Epstein.
Gabbard’s flowchart of Obama crimes is almost as funny as Comer’s flowchart of Biden’s $40,000 check from China.
Speaking of Comer. Letter from James Comer about issuing a subpoena for a deposition:
Dear Ms. Maxwell:
On July 22, 2025, the Subcommittee on Government Operations of the Committee on Oversight and Government Reform (“Committee”) voted to approve a motion directing the Committee to authorize and issue a subpoena for your deposition.1 Pursuant to this direction, please see the attached subpoena for a deposition to occur at Federal Correctional Institution Tallahassee on August 11, 2025.
https://oversight.house.gov/wp-content/uploads/2025/07/2025.07.23-Subpoena-Cover-Letter-to-Maxwell-FINAL.pdf
Speaking of subpoenas, 1158 days ago Gym Jordan began defying his subpoena from the Jan. 6 Committee.
OT, but there’s no open thread
https://www.sfgate.com/news/politics/article/appeals-court-finds-trump-s-effort-to-end-20783348.php
This one bothers me. Trump’s former personal lawyer Bondi is sending his other former personal lawyer Blanche to go talk to a convicted felon Ghislaine Maxwell AS LAWYERS FOR THE DOJ AND with a case before the US Supreme Court. As you are well aware, there are suspicions of Mr. Trump being engaged in criminal conduct with Ms. Maxwell’s now-deceased boss. So Bondi and Blanche are actively engaged in doing personal favors for their former client with US Government resources. They ain’t talking to Maxwell for us – they’re doing it for Trump. This is an inherent conflict of interest. Please review 18 U.S.C. §§ 201, 203, 205, 208, and 209.
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It’s almost like Trump needed to leave some of his personal lawyers in private practice, instead of giving ALL of them federal gigs.
I’m mostly snarking, but – how many personal lawyers did he have from 2021 to 2024, who DON’T work for DoJ and/or are up for judicial appointments?
Watch this video! It has essential information from the victims’ lawyer, Bradley Edwards.
Congress can get the birthday book today if they choose to. Why isn’t Congress thinking about enacting legislation to protect current and future victims. Why doesn’t Congress want to protect the American people?!!. This is what the American people want.
Do your job, Congress!
Congress can subpoena Epstein birthday book from Epstein estate, Epstein victims’ lawyer says
https://www.youtube.com/watch?v=oLepbAwOaIU&pp=0gcJCfwAo7VqN5tD
Thank you Dr. Wheeler for linking the victim’s statements.
multiple victims thanking the current prosecutors (Ms Comey) for being respectful, kind, genuine and authentic. In contrast to their experience with the prosecutors in 2008, who were confrontational, unreachable, and ended their case with no notice, no discussion, no voice whatsoever. Feeling utterly betrayed, and how that experience impacted their willingness to reengage with the new prosecutors…at least initially.
Them thanking the current prosecutors/Ms Comey for treating them as humans beings is telling and moving. They make clear that Ms. Comey was indeed their champion and their voice. Now taken from them.
Marcy, thanks to you and your compadres for the work you do here.
I have one possible observation here which may be connected with both cases. With respect to the original Acosta prosecution of Epstein, the OLC of the DOJ (in 2011) came up with an opinion on when the CVRA, the Crime Victims’ Rights Act of 2004, is enforceable on prosecutors. This opinion essentially validated Acosta’s actions (sidelining the victims in the plea agreement) as a matter of law, beyond prosecutorial discretion and good practice. This was confirmed by the appeals court in 2019, I believe, in Wild vs. U.S. that victims have no recourse in certain special or edge situations, especially before or after prosecution of a case.
My thought here is that Blanche and the DOJ may argue that the victims don’t need to be informed or give consent here, based on the OLC opinion and the appeals court decision. It sure looks like one, if not both judges, will disagree with this position and allow the recognized victims here an opinion, if not a veto, here.
In part, it may turn on whether victims are considered principals in terms of Rule 6, as well as some of the exact wording of the CVRA. We’ll obviously know more on Tues.
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Please, Todd Blanche is scum. Reading this article and then watching the O’Donnell news show was gut wrenching.
Every time Trump puts his mouth in front of a microphone, he should be questioned about Epstein. Let’s hope Scotland can do that.
I guess we sit back and watch a psychopath rape the worlds economies.
It is my fervent hope and belief Donald J. Trump will be remembered not for what he did for America and Americans but for what he did to America and Americans, assuming there is a America left to remember.