The Supreme Court has shut the door.
On Monday morning, he highest court in the federal judiciary declined to hear Ghislaine Maxwell’s appeal of her criminal conviction.
Maxwell had been convicted in 2021 (in federal court in Manhattan) on multiple charges related to sex trafficking minors and conspiracy, and was sentenced to 20 years in prison.
Her appeal to the Court centered on a claim that a 2007 nonprosecution agreement (NPA) between Jeffrey Epstein and federal prosecutors in Florida—which included language shielding “co-conspirators” — should have protected her from prosecution in New York.
The rejection was without comment; as is customary, the Court usually does not explain denials of certiorari (i.e., the decision not to review a case).
As NBC News reports:
Maxwell’s lawyer David Oscar Markus argued in court papers that an agreement Epstein made with prosecutors in Florida, in which the then-U.S. attorney pledged not to prosecute him or potential co-conspirators, should apply to one of the three counts in her case, which was prosecuted in New York.
“We’re, of course, deeply disappointed that the Supreme Court declined to hear Ghislaine Maxwell’s case,” Markus said in a statement. “But this fight isn’t over. Serious legal and factual issues remain, and we will continue to pursue every avenue available to ensure that justice is done,” he added.
At issue in Maxwell’s appeal was whether the terms of a so-called nonprosecution agreement apply only in the district where it was negotiated or also bind federal prosecutors nationwide.
The Justice Department asked the Supreme Court to reject Maxwell’s appeal, with Solicitor General D. John Sauer noting in his brief that under internal policies, the U.S. attorney would have needed to obtain permission from superiors if the agreement were to apply outside his district. There is no evidence that occurred, he added.
The question Maxwell raised — about how broadly plea or nonprosecution agreements bind the federal government across districts — is a contested and consequential issue, especially for defendants in multi-district criminal enterprises.
But by declining her petition, the Supreme Court is signaling that it did not see this case as the right vehicle, or a compelling enough one, to resolve that doctrinal question at this time.
This is a breaking news story. Please check back for updates.
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In the article re: Maxwell’s appeal; you have this written: “On Monday morning, he highest court”. You need a better editor!!! HE should be THE!!!