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Judge Richard Berman: Victims Victims Victims

There are two main thrusts of Judge Richard Berman’s opinion refusing the government’s stunt request to unseal the Jeffrey Epstein grand jury materials.

First, he emphasized the victims’ rights and explicitly said DOJ had not given them enough notice of their request.

There is another compelling reason not to unseal the Epstein grand jury materials at this time, namely possible threats to victims’ safety and privacy. The Court received a very compelling letter, dated August 5, 2025, from three leading victims’ rights attorneys, who have stated: “[A]ny disclosure of grand jury material–especially material that could expose or help identify victims in any way–directly affects the CVRA’s [18 U.S.C. §3771] fairness, privacy, conferral, and protection guarantees.” [citation omitted] These attorneys represent “numerous survivors of Jeffrey Epstein, including several individuals whose names and identifying information appear in the subject materials.” Id. at 1. Whether victims do or do not favor unsealing, it is imperative that victims have adequate notice of unsealing and adequate timem to respond in advance of disclosure. See id. at 2.

Victims did not have sufficient notice before the Government filed the instant motions to unseal.

His opinion continued to focus on the victims, quoting several Jane Does and Annie Farmer. He twice recalled the powerful testimony from the victims after Epstein’s death in 2019. He insinuated that DOJ would not — and probably is not — protecting the victims as they share information with Congress.

Against that background, Berman noted that the government said it would, itself, release the files.

A significant and compelling reason to reject the Government’s position in this litigation is that the Government has already undertaken a comprehensive investigation into the Epstein case and, not surprisingly, has assembled a “trove” of Epstein documents, interviews, and exhibits. And the Government committed that it would share its Epstein investigation materials with the public.

[snip]

The Government’s “Epstein Files” are sui generis. They are investigatory and not subject to Federal Rule of Criminal Procedure 6(e).

The Government is the logical party to make comprehensive disclosure to the public of the Epstein Files. By comparison, the instant grand jury motion appears to be a “diversion” from the breadth and scope of the Epstein files in the Government’s possession. [citing Engelmayer] The grand jury testimony is merely a hearsay snippet of Jeffrey Epstein’s alleged conduct.

Berman actually went easier on DOJ than I thought he might. As noted, DOJ violated the CVPA in its approach to this. He seems worried they’re doing the same in sharing documents with Congress.

But the answer remains: Todd Blanche can’t get his “hearsay snippet” released through Berman.

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Planning for a Cover-Up in a House with Small Children and Other Stories of How Todd Blanche Is Helping a Sex Trafficker

CNN has a story about how Trump’s impeachment defense attorney, his criminal defense attorney, the flunkie who helped frame Hillary Clinton, and his Chief of Staff will go to JD Vance’s home — where he is raising three children under the age of 10 — to discuss how to make Donald Trump’s sex trafficking problem go away.

They apparently believe that Todd Blanche can hold his own in an interview with Joe Rogan, who has long smelled the rat in this cover-up.

The administration’s handling of the Epstein case, as well as the need to craft a unified response, is expected to be a main focus of the dinner, three sources familiar with the meeting told CNN. The meeting will include White House chief of staff Susie Wiles, Vice President JD Vance, Attorney General Pam Bondi, FBI Director Kash Patel and Blanche.

With the exception of Vance, the White House considers those officials the leaders of the administration’s ongoing strategy regarding the Epstein files, two of the sources said.

The meeting comes as Trump’s administration is considering releasing the contents of Blanche’s interview last month with Maxwell. Two officials told CNN that the materials could be made public as early as this week.

There have also been internal discussions about Blanche holding a press conference or doing a high-profile interview, possibly with popular podcaster Joe Rogan, according to three people familiar with the discussions, though those conversations are preliminary. Rogan, who endorsed Trump on the eve of last fall’s election, has been highly critical of the Trump administration’s handling of the Epstein case and previously called their refusal release more information about Epstein a “line in the sand.”

To be fair to Blanche, though, he has managed to serve his client, and convicted sex trafficker Ghislaine Maxwell, well so far.

Yesterday, Maxwell’s attorney, David Markus, submitted his — well-justified — opposition to releasing the grand jury materials for Ghislaine Maxwell’s case, the ones that would feature a broad swath of victims. He as much as conceded that this might have provided a way to review the grand jury files (another benefit Blanche tried to offer), but now that Judge Paul Engelmeyer denied that request, he’s opposed to the unsealing request.

Although the government did not oppose allowing the defense to review the grand jury material to assess whether to object to its release, the Court denied that request. As a result, Ghislaine Maxwell has not seen the material and cannot take an informed position. Given that she is actively litigating her case and does not know what is in the grand jury record, she has no choice but to respectfully oppose the government’s motion to unseal it.

Maxwell’s opposition is likely enough, by itself, to rule against release of the Maxwell transcripts, which would include far more detail than Epstein’s would.

Little noticed is the line in the DOJ filing describing DOJ telling third parties — not victims — if they appear in the grand jury transcripts.

In addition, the Government is in the process of providing notice to any other individuals identified in the transcripts.

Meanwhile, DOJ confessed yesterday that they have still not notified all the victims identified in the transcripts, and only just started to notify the victims covered under the relevant victim notification law.

Seventh, regarding the Government’s approach to victim notification of the instant proceedings, as noted in its July 29 submission, the Government has provided notice of the unsealing motions to all but one of the victims who are referenced in the grand jury transcripts at issue in the motions. The Government still has been unable to contact that remaining victim. With respect to victims who are not identified in the grand jury transcripts but who have previously received victim notifications in the Maxwell and Epstein matters, the Government will over the coming days alert those victims to the fact of the unsealing motions.

That letter was posted the same day as this letter from Brad Edwards, who likely represents the largest number of known victims. He accuses the government of violating the Crime Victims’ Rights Act generally, as well as losing track of some victims who are likely implicated in the Epstein and Maxwell grand juries but only came to be represented by Edwards after their testimony. He describes that “yesterday” (that is, Monday), he contacted the government about the other victims and they responded, which suggests this newfound focus on other victims is a response to Edwards’ efforts.

Given our history fighting for the enforcement of the CVRA on behalf of Jeffrey Epstein’s many victims, we were quite surprised to learn that the government sought the unsealing of grand jury materials before this Court without first conferring with the victims or their counsel, a step required by the CVRA and reinforced by Doe v. United States, 08-80736 (S.D. Fla.). That case, litigated pro bono by undersigned counsel for more than a decade, arose precisely because the government previously violated the rights of many of these very same victims. It is especially troubling that, despite the outcome of that litigation, the government has once again proceeded in a manner that disregards the victims’ rights—suggesting that the hard-learned lessons of the past have not taken hold. This omission reinforces the perception that the victims are, at best, an afterthought to the current administration.

Of significant concern, the same government that failed to provide notice to the victims before moving this Court to unseal the grand jury materials is now the government representing to this Court that it has provided appropriate notice to the victims or their counsel and has conducted a proper review and redaction of the materials it seeks to release. Several clients have contacted us expressing deep anxiety over whether the redactions were in fact adequate. Consequently, we requested yesterday that the government identify which of our clients were referenced to the grand jury. The government responded promptly and provided clarification. However, we have strong reason to believe that additional individuals—whom we also represent—were likely referenced in those materials but were not identified to us by the government.

It remains unclear whether notice was instead provided to prior counsel, whether their omission was a government oversight, whether the government does not consider them to be victims, or whether these individuals were, in fact, not mentioned to the grand jury. Regardless of the explanation, this ambiguity raises a serious issue that must be resolved before any materials are publicly released. [my emphasis]

You know who wouldn’t have fucked up this process? The prosecutor Pam Bondi fired on Trump’s authority just as this cover-up began, Maurene Comey.

The asymmetric treatment is pissing off the victims. Annie Farmer’s attorney describes that the intent to redact third party names “smacks of a cover up.”

Any effort to redact third party names smacks of a cover up. The Government does not elaborate on what protocol it is using to redact other “third party” names or which types of individuals it seeks to protect in this way. To the extent the Government for some reason seeks to redact the names of other Epstein and Maxwell affiliates on the basis that these individuals “neither have been charged or alleged to be involved” in their crimes, the Court should exercise its independent authority to ensure that any redactions are tailored to serve compelling interests. See generally Brown v. Maxwell, 929 F.3d 41, 50 (2d Cir. 2019) (even if materials are not considered judicial documents to which a presumption of public access applies, “a court must still articulate specific and substantial reasons for sealing such material”).

I have a feeling Judge Richard Berman (who has been posting victim letters as they come in) will not take kindly to a grand jury unsealing in which people like Donald Trump and Prince Andrew get notice, but the victims do not.

This may change as Congress gets involved. Perhaps in an attempt to stave off the Massie-Khanna bid for true transparency that will ripen over the August recess, James Comer announced a bunch of subpoenas for people not named Alex Acosta or Donald Trump.

Oversight Chair James Comer (R-Ky.) announced that he was summoning nearly a dozen former officials to appear for depositions on the Epstein investigation — a list that includes former President Bill Clinton and former Secretary of State Hillary Clinton.

Former U.S. Attorneys General William Barr, Alberto Gonzales, Jeff Sessions, Loretta Lynch, Eric Holder and Merrick Garland, as well as former FBI Directors Robert Mueller and James Comey were also tapped to give testimony in connection to the case.

Comer was required to send the subpoenas after a Democratic-led subcommittee vote in July.

The move is the latest in a broader battle over the Epstein files, which took the Trump administration by storm last month as anger boiled over from within MAGA circles about the administration’s handling of the case.

The committee’s subpoena of Bill Clinton in particular seems more symbolic than substantive. No former president has ever testified to Congress under the compulsion of a subpoena — and lawmakers have tried only twice before: once in 1953, when the House Un-American Activities Committee subpoenaed Harry Truman, and once in 2022, when the Jan. 6 select committee subpoenaed Donald Trump.

While this is the rare Epstein development that Fox has covered, there’s so much about this request that reeks of a cover-up it may well backfire.

But as Lisa Rubin describes, there’s also a subpoena to DOJ — the price of the Clinton testimony — that does make demands that would, among other things, cover the transcript of the Ghislaine Maxwell interview.

By ABC’s description, Blanche got Ghislaine to perform like a trained seal, asking her to describe what he did in her presence, but not asking her about what he did when he learned she had “stolen” one of Trump’s spa girls and forced her into sex slavery.

During her nine hours speaking with Deputy Attorney General Todd Blanche last month, Ghislaine Maxwell said nothing during the interview that would be harmful to President Donald Trump, telling Blanche that Trump had never done anything in her presence that would have caused concern, according to sources familiar with what Maxwell said.

The Trump administration, meanwhile, is considering publicly releasing the transcripts from the interview, multiple sources familiar with the internal discussions told ABC News.

There are a lot of moving parts.

Including Ghislaine, to her new cozier digs, where the other inmates, including one whose daughter was trafficked, are already expressing disgust that Todd Blanche put a sex trafficker among their midst.

Julie Howell, 44, who is serving a one-year sentence for theft, told The Telegraph that “every inmate I’ve heard from is upset she’s here”.

“This facility is supposed to house non-violent offenders,” she added. “Human trafficking is a violent crime.”

[snip]

Inmates at FPC Bryan are worried about their own safety, given the widespread threats against Maxwell and lack of tight security on the prison grounds.

Howell said: “We have heard there are threats against her life and many of us are worried about our own safety because she’s here.”

Her comments will only fuel concern that could be targeted at the facility, preventing her testimony about Epstein from ever seeing the light of day.

Maxwell was allegedly moved under the cover of darkness because she had been “bombarded” with death threats from rapists who accused her of being a “snitch”, according to the Mail on Sunday.

Multiple outlets, including that CNN story, report that Trump’s close advisors think they’ve weathered this crisis because their mobsters — people like Charlie Kirk and Benny Johnson — have been distracted by other things.

One official told CNN that some of the conversation within the White House has focused on whether making the details from the interview public would bring the Epstein controversy back to the surface. Many officials close to Trump believe the story has largely died down.

We shall see.

As I wrote here, Trump and Blanche have the power to silence Maxwell, if the rapists calling her a snitch don’t get to her first.

But the moving parts and sheer cynicism of the cover-up may backfire.

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Trump Might Pardon the Sex Trafficker Who “Stole” His Spa Girls and Other Details of the Cover-Up

Much of the traditional press (though not Chris Hayes) has missed the significance of Trump’s confession yesterday that Virginia Giuffre — recruited from Trump’s spa when she was 16 or 17 — was one of the girls that he says Jeffrey Epstein “stole.”

Reporter 1: I’m just curious. Were some of the workers that were taken from you — were some of them young women?

Trump: Were some of them?

Reporter 1: Were some of them young women?

Trump: Well, I don’t wanna say, but everyone knows the people that were taken. It was, the concept of taking people that work for me is bad. But that story’s been pretty well out there. And the answer is, yes, they were.

[inaudible]

Trump: In the spa. People that work in the spa. I have a great spa, one of the best spas in the world at Mar-a-Lago. And people were taken out of the spa. Hired. By him. In other words, gone. And um, other people would come and complain. This guy is taking people from the spa. I didn’t know that. And then when I heard about it I told him, I said, listen, we don’t want you taking our people, whether they were spa or not spa. I don’t want him taking people. And he was fine and then not too long after that he did it again and I said Out of here.

Reporter 2: Mr. President, did one of those stolen persons, did that include Virginia Giuffre?

Trump: Uh, I don’t know. I think she worked at the spa. I think so. I think that was one of the people, yeah. He stole her. And by the way, she had no complaints about us, as you know. None whatsoever.

Many, for example are forgetting what Trump said the day before: Epstein “stole” one of Trump’s girls, Trump told him to stop, and Epstein did it again.

What caused the breach with him? Very easy to explain. But I don’t want to waste your time by explaining it. But for years I wouldn’t talk to Jeffrey Epstein. I wouldn’t talk. Because he did something that was inappropriate. He hired help. And I said, don’t ever do that again. He stole people that worked for me. I said, don’t ever do that again. He did it again. And I threw him out of the place. Persona non grata. I threw him out. And that was it.

To tell Epstein to stop doing something, Trump would have had to have known he was doing something.

And the “it” is made much more clear by what “the Mar-a-Lago” told Page Six in 2007, even before Epstein had signed the sweetheart non-prosecution agreement.

Meanwhile, the Mar-a-Lago Club in Palm Beach last night confirmed a Web site report that Epstein has been banned there. “He would use the spa to try to procure girls. But one of them, a masseuse about 18 years old, he tried to get her to do things,” a source told us. “Her father found out about it and went absolutely ape-[bleep]. Epstein’s not allowed back.” Epstein denies he is banned from Mar-a-Lago and says, in fact, he was recently invited to an event there.

Before the full extent of Epstein’s abuse was public, someone at Mar-a-Lago wanted to make it clear that when Epstein did “procure girls … he tried to get her to do things.”

This member’s daughter who was “about 18,” was at least the second girl Trump learned about.

The first (or who knows? maybe she wasn’t the first!) was Giuffre.

The second (at least) was the member’s daughter.

Having now confirmed that Giuffre was among the “girls” Epstein would try to “procure” from Trump’s spa, it makes both Trump’s public acknowledgement to New York Magazine (two years after Ghislaine Maxwell “stole” Giuffre) that Epstein liked his so-called women “on the younger side” and the smutty letter sent a few months later reflected knowledge that Epstein was fucking girls.

“Voice Over: There must be more to life than having everything,” the note began.

Donald: Yes, there is, but I won’t tell you what it is.

Jeffrey: Nor will I, since I also know what it is. 

Donald: We have certain things in common, Jeffrey. 

Jeffrey: Yes, we do, come to think of it. 

Donald: Enigmas never age, have you noticed that? 

Jeffrey: As a matter of fact, it was clear to me the last time I saw you. 

Donald: A pal is a wonderful thing. Happy Birthday — and may every day be another wonderful secret.

Not just any girls, but his girls. Trump’s girls, from his spa.

And Trump is so furious that Ghislaine Maxwell stole girls from his spa that he’s saying the same thing about a pardon for her that he said about pardons for Paul Manafort and Roger Stone before he rewarded for their lies about him, that he won’t rule it out.

By all appearances, Trump will pardon the woman who stole his girls. That’s how furious he is that she groomed at least two of his girls and tried — successfully in Giuffre’s case — to turn her into a sex slave.

Meanwhile, now that Trump has placated much of the press, the cover-up continues apace. In a letter David Markus sent to James Comer (but not Oversight Ranking Member Robert Garcia — Markus was leaving nothing to chance) he said that Ghislaine would only testify to the House Oversight Committee if she:

  • Got formal immunity
  • Got the questions in advance
  • After she tests her luck with SCOTUS (in which case she won’t need to spill secrets to get out of prison)
  • If she gets clemency for the things she’ll say

In other words, she’ll only testify if that’s the only way she can leverage what she knows.

Comer immediately declined, meaning Trump faces no risk that Ghislaine’s silence will disrupt the cover-up.

Meanwhile, Pam Bondi, Todd Blanche, and Jay Clayton (but not even the AUSA who filed an appearance) have confessed that they are engaged in a headfake. Their response to Richard Berman and Paul Engelmeyer  falsely claims that the interest in these transcripts arose from the memo Pam Bondi released and not the inflammatory comments and promises Bondi, Kash Patel, and Dan Bongino made.

Attention given to the Epstein and Maxwell cases has recently intensified in the wake of the July 6, 2025 Memorandum announcing the conclusions of the Government’s review into the investigation

They minimize the concerns about victim testimony because just two people testified.

Here, there was one witness—an FBI agent—during the Epstein grand jury proceedings. There were two witnesses—the same FBI agent from the Epstein grand jury proceedings and a detective with the NYPD who was a Task Force Officer with the FBI’s Child Exploitation and Human Trafficking Task Force—during the Maxwell grand jury proceedings.

Both witnesses are still alive; the FBI agent continues to be an agent with the FBI, and the Detective continues to be a Detective with the NYPD as well as a Task Force Officer.

Consistent with applicable rules concerning the admissibility of hearsay testimony, the grand jury witnesses described statements of others, including statements of and concerning victims, many of whom are still alive.

They admit they’ll redact the names of the third parties who enabled Epstein (which they wouldn’t necessarily have to do if they released the files in their custody).

[T]he grand jury transcripts contain victim-related and other personal identifying information related to third parties who neither have been charged or alleged to be involved in the crimes with which Epstein and Maxwell were charged, to which the Government is sensitive, and which is why the Government proposes redacting the transcripts before releasing them.

But they are providing notice to those people.

 In addition, the Government is in the process of providing notice to any other individuals identified in the transcripts.

They appear to suggest that they’re not providing all the grand jury transcripts to the judges — just the underlying material.

The Court directed the Government to submit: (1) indices of Epstein and Maxwell grand jury materials, including a brief summary, the number of pages, and dates; (2) a complete set of the Epstein and Maxwell grand jury transcripts; (3) a complete proposed redacted set of the Epstein and Maxwell grand jury transcripts; and (4) a description of any other Epstein and Maxwell grand jury materials, including, but not limited to, exhibits. (Epstein Dkt. 63 at 3; Maxwell Dkt. 789 at 3). As to the final category, the Government provides a description of all of the underlying materials presented to the grand jury as well as copies of, and proposed redactions to, certain materials presented to the grand jury. [my emphasis]

They definitely don’t answer a question both judges asked: whether DOJ had asked the victims before filing this response.

The Court also directed the Government to state whether, “before filing the instant motion, counsel for the Government reviewed the Maxwell grand jury transcripts and whether the Government provided notice to the victims of the motion to unseal,”

[snip]

In addition, the Government has now provided notice to all but one of the victims who are referenced in the grand jury transcripts at issue in this motion. The Government has attempted to contact the remaining victim, but such efforts have been unsuccessful. In addition, the Government is in the process of providing notice to any other individuals identified in the transcripts.

Having not done that (and not yet spoken to one of the victims), they ask for a chance to respond to the victims’ comments about this ploy — which they should have asked about before they started it — after they file sealed responses.

[T]he Government also respectfully requests leave to file a supplemental submission once the Government and the Court have received any filings from the victims or others referenced in the transcripts.

The only thing this exercise is “transparency” has done so far is to share grand jury information with people implicated, but not charged, in Epstein’s actions.

Note, one person specifically implicated in Epstein’s crimes is Prince Andrew. To the extent he was investigated and possibly even charged under seal — which is the most obvious explanation for why he wouldn’t travel — the DOJ letter would create the appearance of a clean bill of health. But it could be buried in a different grand jury and we’d never even know.

Update: This is a very good CNN piece, including a long focus on how hard this is on the victims.

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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.

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