The DOJ's Brief In Opposition To Ghislaine Maxwell's Appeal To The Supreme Court (Part 1) (7/16/25)

Beyond The Horizon

The Department of Justice, led by Solicitor General D. John Sauer, urged the Supreme Court to deny Maxwell’s petition, arguing that her attempt to invoke Jeffrey Epstein’s 2007 non‑prosecution agreement (NPA) was legally unfounded. Maxwell asserted that the NPA’s co‑conspirator clause shielded her from prosecution, but the DOJ highlighted that the agreement was specifically made with the Southern District of Florida and did not extend immunity nationwide. Lower courts—including both the district court and the Second Circuit—had already rejected her broad interpretation, concluding that the NPA bound only Florida prosecutors and could not bind other jurisdictions absent explicit consent from higher authorities within the Department of Justice.
The DOJ’s brief also emphasized procedural shortcomings in Maxwell’s appeal: she failed to present any novel legal question or conflicting court decisions that would merit Supreme Court review. They stressed that the NPA’s language, when properly interpreted under standard contract principles, simply did not apply to her because she was not a named party nor was there any indication the Florida prosecutors intended to protect unnamed co-conspirators. Having already exhausted her avenues in the appellate process, Maxwell, the DOJ maintained, does not meet the strict criteria for certiorari and her conviction should remain firmly in place.
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source:
20250714161434468_24-1073_Maxwell_Opp.pdf