EPSTEIN
page 2 / 14 . OCR, unverified
list of situations where that power can be used."). One such "special circumstance" is historical
interest by the public. In re Craig, 131 F.3d at 105. Under In re Craig, this Court retains discretion
to determine "whether such an interest outweighs the countervailing interests in privacy and
secrecy[.]" Id.
S.
Public officials, lawmakers, pundits, and ordinary citizens remain deeply interested
and concerned about the Epstein matter. Indeed, other jurists have released grand jury transcripts
after concluding that Epstein's case qualifies as a matter of public concern. See Order Granting
Plaintiff's Motion for Reconsideration of the Trial Court's February 29, 2024 Order, CA Florida
Holdings, LLC v. Dave Aronberg and Joseph Abruzzo, 50-2019 CA-014681 (15th Cir. July 1,
2024).3 After all, Jeffrey Epstein is "the most infamous pedophile in American history." Id. The
facts surrounding Epstein's case "tell a tale of national disgrace." In re Wild, 994 F.3d 1244, 1247
(11th Cir. 2021) (discussing the plea agreement secured by Epstein in Florida). The grand jury
records are thus "critical pieces of an important moment in our nation's history." In re Petition of
Nat. Sec. Archive, 104 F. Supp. 3d at 629. "The time for the public to guess what they contain
https://www.mypalm.beachclerk.com/home/showpublisheddocument/494/638554423710170000.
Case 9:25-mc-80920-RLR Document 1 Entered on FLSD Docket 07/23/2025 Page 4 of 6
should end." Id. Notably, the privacy interests at stake on the other side of the balance are
substantially diminished due to Epstein's death. Of course, as noted above, the Department of
Justice will work with the United States Attorney's Office for the Southern District of New York
to redact all victim-identifying information prior to any release.
6.
The Department of Justice recognizes that this Court is bound by Pitch v. United
States, 953 F.3d 1226 (11th Cir. 2020) (en bane) (district cmn1s lack inherent, supervisory power
to authorize the disclosure of grand jury records outside of the exceptions enumerated in Rule
6(e)(3)). Nevertheless, the Department raises this argument due to the significance of the matter
and to preserve it for any potential appeal. To the extent this Court maintains that this "petition to
disclose arises out of a judicial proceeding in another district," Fed. R. Crim. P. 6(G), the Court
should "transfer the petition to" the U.S. District Court for the Southern District of New York. Id.
The Government is simultaneously filing motions for release of grand jury material in United
States v. Maxwell, 1 :20-cr-330 (S.D .N. Y. ), and in United States v. Epstein, 1: 19-cr-490 (S .D.N. Y.).
Case 9:25-mc-80920-RLR Document 1 Entered on FLSD Docket 07/23/2025 Page 5 of 6
7.
For these reasons, this Court should conclude under In re Craig that Epstein's case
qualifies as a matter of public interest, release the associated grand jury transcripts, and lift any
preexisting protective orders. See In re Craig, 131 F.3d at 105 ("It is ... entirely conceivable that
in some situations historical or public interest alone could justify the release of grand jury
information.").
Respectfully submitted,
PAMELA J. BONDI
U.S. Attorney General
P.O
E
ED STATES ATTORNEY
Florida Bar No. 60024
Northeast 4th Street
Miami, Florida 33132-2111
Tel: (305) 961-9001
Email: Hayden.OByrne@usdoj.gov
Case 9:25-mc-80920-RLR Document 1 Entered on FLSD Docket 07/23/2025 Page 6 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. ----------
IN RE: Grand Jury 05-02 (WPB)
07-103 (WPB)
I
-------------
CRIMINAL COVER SHEET
1. Did this matter originate from a matter pending in the Central Region of the United States
Attorney's Office prior to October 3, 2019 (Mag. Judge Jared M. Strauss)? No
2. Did this matter involve the participation of or consultation with Magistrate Judge Eduardo I.
Sanchez during his tenure at the U.S. Attorney's Office, which concluded on January 22,
2023? No
3. Did this matter involve the participation of or consultation with Magistrate Judge Marty
Fulgueira Elfenbein during her tenure at the U.S. Attorney's Office, which concluded on
March 5, 2024? No
4. Did this matter involve the participation of or consultation with Magistrate Judge Ellen F.
D'Angelo during her tenure at the U.S. Attorney's Office, which concluded on October 7,
2024? No
P.O'BYRNE
TED STATES ATTORNEY
Florida Bar No. 60024
Northeast 4th Street
Miami, Florida 33132-2111
Tel: (305) 961-9001
Email: Hayden.OByme@usdoj.gov
==================== END OF Court Records__In re Grand Jury 05-02 (WPB) & 07-103 (WPB), No. 925-mc-80920 (S.D. Fla. 2025)__001.txt ====================
==================== DOCUMENT: Court Records__In re Grand Jury 05-02 (WPB) & 07-103 (WPB), No. 925-mc-80920 (S.D. Fla. 2025)__002.txt ====================
METADATA_SOURCE: Court RecordsIn re Grand Jury 05-02 (WPB) & 07-103 (WPB), No. 925-mc-80920 (S.D. Fla. 2025)