In the 1933 classic movie, The Invisible Man, the local constable responds to a question of the problem present in dealing with the main character: “He’s invisible, that’s what’s the matter with him.”
In some ways, Ghislaine Maxwell may be the ultimate villain for many in the establishment. As the longtime associate of Jeffrey Epstein, Maxwell was often invisible, an enabling character who allegedly helped Epstein collect young girls for himself and his high-powered friends. As a result, she saw everything and knew everything.
As the Invisible Man explained in the movie, “an invisible man can rule the world. Nobody will see him come, nobody will see him go. He can hear every secret.”
I have recently noted reports that the Justice Department previously interviewed her. Yet, I spoke with her counsel Leah Saffian, who confirms that the Justice Department never interviewed Maxwell over the many years of investigations into the scandal. The legal team insists that neither federal nor state investigators have ever interviewed Maxwell.
That struck me as remarkably odd in a scandal that has involved a myriad of state and federal investigations and reports. After all, Maxwell was the ever-present sidekick of Epstein. Indeed, she was vilified as a virtual scout for new girls to feed the insatiable appetite of the wealthy pedophile and human trafficker.
I have been skeptical that, after all of these years, Maxwell would be sitting on anything new. The expiration date on this milk ran years ago. It has been three years since she was sentenced in federal court in New York City to twenty years’ imprisonment. If she had the “goods” on anyone, she would have presumably shopped the evidence to secure a better deal.
However, that raises the question again of this curious failure to interview Maxwell in the many years that have transpired since Epstein was first charged. Is it possible that she is sitting on a mountain of undisclosed facts on the “who’s who” of celebrities who flew on Epstein’s “Lolita Express” or visited his island? Figures from Bill Clinton to Bill Gates have been linked to such trips. Most recently, a woman stepped forward with allegations against President Donald Trump.
The public could learn the answer to this question after the House Oversight Committee approved a motion to subpoena Maxwell for testimony before Congress.
The Trump Administration is also fighting to demonstrate its support for full disclosure, following allegations that Attorney General Pam Bondi was withholding information. In a very unusual move, Todd Blanche, the Deputy Attorney General (and former personal counsel to the President), is arranging a sit-down meeting with Maxwell at her prison.
The question is not whether there is much that Maxwell knows that has not been made public. She clearly does have such information. The question is whether any of that information is material and significant in terms of criminal conduct. Epstein clearly hosted a wide range of influential figures, but they have denied having sexual relations with these “associates.”
Many in the public remain skeptical of third-party accounts or interpretations of the evidence. The only way to quell much of the lingering suspicion would be for the evidence itself to be transparent and public. The concern over special treatment and protections for the rich and powerful was magnified in the Epstein scandal, with its luxury jets and private island.
Even assuming the Maxwell has evidence against some of these celebrities, it is unclear whether criminal or civil charges would result, given the passage of time and relevant statutes of limitation. For example, there is a statute of limitations of ten years for human trafficking crimes. However, in September 2022, President Biden signed the Eliminating Limits to Justice for Child Sex Abuse Victims Act into law, eliminating the statute of limitations for TVPRA civil claims brought by minors. It is not retroactive.
However, child abuse and human trafficking violations could still be prosecuted. The question is whether the victims previously made allegations that could now be corroborated by Maxwell. If so, she has something to trade in a cooperation deal.
In the federal system, the government can file a Section 5K1.1 motion under the United States Sentencing Guidelines for a reduction in sentence if Maxwell provides “substantial assistance” in the investigation or prosecution of another person before sentencing.
The key is the word “substantial.” These motions can only be filed by the Justice Department, which requires a witness to offer material testimony to support the prosecution of others.
If Maxwell simply has embarrassing information, that is not sufficient for 5K1.1.
Maxwell could also hope for a pardon or commutation by Trump, which would more likely come near the end of his second term. She could defuse any allegations against him in these interviews.
The interviews or hearings pose risks for Maxwell. She can be charged with lying to federal investigators under 18 U.S.C. 1001 or perjury in any testimony. She would likely explore an immunity grant from Congress to avoid incriminating herself through any testimony.
All of this has made many people in the Beltway nervous. This is a city filled with crisis managers and the greatest danger is always the unknown. Maxwell is the ultimate example of the menace of the unknown. As the Invisible Man himself explained, “Suddenly I realized the power I held, the power to rule, to make the world grovel at my feet.”
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
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Author: jonathanturley
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