FOIA Request of 2008 Plea Deal

Court Cases

Unsealing of government documents via FOIA

Investigative reporter Julie K. Brown and the Miami Herald — working with First-Amendment attorney Sanford L. Bohrer (Holland & Knight) — filed the 2018 Freedom-of-Information action you are asking about.

On April 6-9, 2018 the paper moved to intervene in Giuffre v. Maxwell in the Southern District of New York, arguing that every sealed document in the case was presumptively public and should be released.

This became the first large-scale legal effort to pry open federal records on Jeffrey Epstein after his 2008 plea deal, and it set the stage for hundreds of pages being unsealed the next year.1234

  Background of the 2018 filing

Brown had begun tracing Epstein's victims in 2017 and published the Perversion of Justice series in November 2018. While working on that investigation she learned that a trove of discovery material in Giuffre v. Maxwell — depositions, correspondence, flight logs, photographs, and FBI email — remained sealed.

Acting on Bohrer's advice, the Herald petitioned the court in April 2018 to unseal the entire docket, citing the First Amendment right of access to judicial records.56

  How the 2018 action differed from other efforts

YearParty that sought disclosureLegal vehicleResult by mid-2019
2017Mike Cernovich (Cernovich Media)Motion to unseal selected exhibitsDenied at trial, joined Herald on appeal7
2018Julie K. Brown / Miami HeraldFull motion to intervene and unseal entire docketGranted in part by 2d Cir., hundreds of filings released18
2019Alan Dershowitz (intervenor)Parallel unsealing motion, largely duplicating Herald'sConsolidated with Herald/Cernovich appeal, documents released9

  Key individuals behind the 2018 FOIA-style push

NameRole/Description
Julie K. BrownMiami Herald investigative reporter whose victim interviews reignited national scrutiny of Epstein10
Sanford L. BohrerLong-time media lawyer for the Herald, drafted and argued the intervention motion11
Casey FrankHerald investigations editor who approved the litigation budget and strategy12

  Impact

The April 2018 filing broke the log-jam that had kept the Maxwell defamation docket sealed. The Second Circuit's July 2019 opinion ordered a line-by-line review with a strong presumption of openness, leading to the release of deposition transcripts, flight manifests, photographs seized by Palm Beach police, and scores of internal emails.6

Those records underpinned subsequent federal indictments, civil suits, and congressional inquiries into how Epstein escaped serious punishment for so long.13


  References

  Footnotes

  1. Giuffre v. Maxwell, CourtListener 2

  2. Brown v. Maxwell; Dershowitz v. Giuffre, CourtListener

  3. Giuffre v. Maxwell Docket, CourtListener

  4. Miami Herald coverage, Miami Herald

  5. Vanity Fair coverage

  6. Vanity Fair coverage (alt) 2

  7. Mike Cernovich, Wikipedia

  8. Giuffre v. Maxwell Docket, CourtListener

  9. Mike Cernovich, Wikipedia

  10. Julie K. Brown, Wikipedia

  11. Brown v. Maxwell; Dershowitz v. Giuffre, CourtListener

  12. Vanity Fair coverage

  13. Miami Herald coverage (local crime), Miami Herald

Published on April 6, 2018

3 min read