Ghislaine Maxwell And The Failed NPA Defense

Ghislaine Maxwell repeatedly pointed to Jeffrey Epstein’s 2007–2008 non-prosecution agreement (NPA) as a shield against her own criminal exposure, arguing that the deal’s language was broad enough to insulate not just Epstein, but those who allegedly assisted him. Her defense leaned heavily on the clause that purported to cover unnamed “co-conspirators,” claiming that federal prosecutors had already bargained away the government’s ability to charge her years later. By framing the NPA as a sweeping, binding promise, Maxwell attempted to recast herself as a beneficiary of Epstein’s deal—despite not being a signatory and despite the agreement being negotiated without victims’ meaningful input.

Courts ultimately rejected that strategy, finding that the NPA did not grant Maxwell immunity and could not be stretched to function as a blanket pardon for future defendants. Judges emphasized that the agreement bound only the parties who signed it, applied to a specific jurisdiction, and did not override later federal prosecutions based on independently gathered evidence. In effect, Maxwell’s reliance on the NPA backfired: it highlighted how aggressively Epstein’s deal had been used to suppress accountability, while underscoring that she was trying to inherit protections never legally hers. The failure of that argument reinforced a central point of her case—that Epstein’s extraordinary deal distorted justice—but it did not save her from facing charges herself.


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Episode Transcript

Speaker 1 (00:00):
What's up, everyone, and welcome back to the Epstein Chronicles.
Glenn Maxwell is formally launching her appeal and what should
come as a shock to nobody out there who's been
paying attention, she plans to try and use technicalities to
get herself off and one of those technicalities is Jeffrey

(00:20):
Epstein's Florida plea deal. Now, how many times have I
talked about the Florida plea deal and how detrimental it
has been to justice overall in this case. And that's
why it's so crucial that those grand jury documents from
Florida are released. That way we get a full look
at what happened down there, and the courts get a

(00:41):
look at what happened down there, and then an appeal
can be filed to try and get this dastardly, disgusting
plea deal taken off the books. This is a plea
deal that should have never happened in the first place.
But when you have friends like mister Mukasey, and you
have yourself lawyers like Ken Starr, Alan dershe, Schwitz, left
Kowitz and the rest of them, well, you don't have

(01:03):
to play by the same rules that the rest of
us have to play by. Today's article is from the
Insider headline Glene Maxwell's lawyer claim Jeffrey Epstein's fifteen year
old Florida plea deal should undo her sex trafficking conviction. Well,
they tried to use that when her trial was going on,
and the judge forcefully laughed at them and threw it out.

(01:26):
So they're gonna try it once again. What are they?
Sony pictures? They think that they're gonna re release Morbius
and it's gonna do better the second time around. Because
if that's the strategy, well, I have some news for you.
It sucked the first time. It's gonna suck the second
time as well. This article was authored by Jacob Shamsian.

(01:49):
Kahlaine Maxwell has appealed the conviction and twenty year prison
sentence she received for trafficking girls to Jeffrey Epstein for sex,
with her lawyers arguing that at fifteen year old age
between Epstein and Florida prosecutors should have protected her. In
the one hundred and thirteen page appeal filed a Tuesday,
Maxwell's lawyers also repeated a defense that came up often

(02:12):
in her trial. She argues she was a proxy for Epstein,
the notorious and well connected pedophile who died in jail
in twenty nineteen while awaiting trial for his own set
of sex trafficking charges. In its zeal to pin the
blame for its own incompetence for Epstein's crimes on Maxwell,
the government breached its promise not to prosecute Maxwell charger

(02:36):
with time bar defenses, and resurrected and recast decades old
allegations for conduct previously ascribed to Epstein and other named assistants,
The lawyers wrote in the filing. So basically, like usual,
Glenn Maxwell's blaming everybody else. It's also interesting that this

(02:57):
filing brings up the other named assistance. Is Glene Maxwell
prepared to throw them under the bus? That would be
a good idea. Jersey in Manhattan Federal Court convicted Maxwell
of five of six trafficking charges in December of twenty
twenty one. Prosecutors alleged she groomed girls to have sex
with Epstein and sexually abuse some of them herself. And

(03:20):
that's why it's so vile, right, It's not like Elaine
Maxwell was just somebody who was providing girls for Epstein,
as if that's not bad enough in itself, but she
was out here, according to some of these survivors, actually
engaging in the abuse with Jeffrey Epstein. So it's not
like she was just providing girls for him, like that's

(03:41):
no big deal. She was actually engaged in this abuse.
US District Judge Alison Nathan, who oversaw her trial, sentenced
her to twenty years in prison, plus additional probation time
and fines. She's currently serving her sentence in a low
security prison in Tallahassee, Florida. I remember Judge Nathan is

(04:01):
now on the appeals Court, the Second Circuit Appeals Court,
so when this case goes to them, Judge Nathan is
going to be extremely familiar with the facts surrounding this case.
A rogue jur nearly derailed Maxwell's guilty verdict. There's no
doubt that the Scottie David issue might prove problematic, and
out of all of the things that Glene Maxwell is

(04:24):
trying to grab a hold of, I think the Scotty
David issue is probably her most solid pathway here because
this dude's a knucklehead. While the rest of us are
performing all kinds of mental gymnastics to try and get
off of Jerry duty. This dude's lying to get on it.
Maxwell's conviction was thrown into doubt, however, after one of

(04:46):
the jurors gave media interviews disclosing that he was personally
a victim of sexual abuse as the child. The jur
identified as Juror fifty in court documents and Scotti David
his first and middle name in the interviews, felt to
disclose his experience in juror forms and wasn't asked about
it during the judges vor Dyer interview ahead of the trial.

(05:10):
And being a victim of sexual abuse yourself, that doesn't
automatically preclude you from being on the jury. But you
can't lie about it. You have to be open about it,
and you have to tell the truth when you're asked.
Maxwell's lawyers asked Nathan to vacate her conviction and grant
a new trial. Nathan held a highly unusual hearing where

(05:31):
she questioned the jur who said he flew through the
questionnaire because he was bored during the selection process and
said he no longer considered himself a victim. Now. Look,
as much as I dislike Glenn Maxwell, I would be
screaming from the rooftops. If this dude was sitting on
a jury that was about to decide my fate, I
know i'd want an appeal too. Now does that mean

(05:54):
that she's going to have a successful appeal? I doubt it,
But if I were her, I'd focus more on Scottie
David and the Jur fifty issue than all of the
other dumb nonsense her and her lawyers are babbling about.
Nathan ultimately allowed the verdict to stand, ruling the jur
didn't deliberately lie and that he would not have been

(06:14):
stricken for cause even if he had answered each question
on the questionnaire accurately. The episode with Jur fifty featured
prominently in Maxwell's appeal. Her attorneys complained that Nathan didn't
give them the opportunity to cross examine the jur, didn't
allow questions about whether his experience was similar to Maxwell's accusers,

(06:36):
and claimed he gave a patently absurd explanation for his
failure to give truthful answers to multiple questions in the
jur questionnaire. And honestly, look, there's a legitimate beef there.
I don't know if it's going to be enough to
get her an appeal, but it's certainly a legitimate beef.
And the worst part about all of it is this
student is nonsense. Was not even needed, glaidn Maxwell was

(06:59):
going to be found guilty no matter what. Maxwell's appellate lawyers,
Arthur Idella, Diana Faby Sampson, and John M. Lebenthal also
argued that prosecutors filed the charges against her too late
according to the relevant criminal statutes, that Nathan failed to
fix a perceived misunderstanding the jury had on one of

(07:20):
the charges, and that the judge gave her too high
of a sentence based on her crimes. While I can't
agree with that, it was up to me, she'd be
serving her sentence at Gitmo Bay. Epstein's notorious plea deal
protected Maxwell, the lawyers say. Maxwell's lawyers spent the bulk
of the appeal arguing that Maxwell should have been barred

(07:42):
from prosecution based on a two thousand and seven agreement
between Epstein and federal prosecutors in Florida. The non prosecution agreement,
negotiated by Epstein's high powered attorneys, came after law enforcement
concluded that he had sexually coerced and abused dozens of
young women instead of bringing federal sex trafficking charges. Then

(08:04):
US Attorney Alexander Acosta allowed Epstein to serve a brief
and lenient sentence in Palm Beach County Jail in Florida
on prostitution solicitation charges. So it was just Acosta. Nobody
else was involved here. It's pretty wild to think that
some lowly state prosecutor at the federal level has enough

(08:25):
power to give Jeffrey Epstein this kind of deal. Is
that what you really want me to believe that nobody
in the DOJ, none of the higher ups like Mukasey,
had anything to do with this, huh, Because if that's
what you're pitching me, then I'm gonna have to tell
you you're a liar. The document also said that the
United States would not bring criminal charges against four specific women,

(08:47):
as well as potential co conspirators. Nathan previously ruled the
agreements language bound only the US Attorney's Office for the
Southern District of Florida, which Acosta led, and not the
Attorney's Office for the Southern District of New York, which
prosecuted Maxwell. And that's a fact. She got prosecuted on
different crimes that were outside of the jurisdiction of Florida.

(09:11):
Courts cannot infer intent to depart from this ordinary practice
from an agreement's use of phrases like the government or
the United States. Those are common shorthand, Nathan wrote, A
plea agreement need not painstakingly spell out the office of
the United States Attorney for such and such district in
every instance to make clear that it applies only in

(09:33):
the district where it signed. The Justice Department's Office of
Professional Responsibility, which investigated Acosta's conduct and admonished him for
the agreement, dug up volumes of emails and other communication
regarding the agreement. But nowhere in all of that negotiation history,
Nathan said, could Maxwell's lawyers find any evidence that Epstein's

(09:55):
co conspirators would have unlimited protection across the country. It's
funny that they bring up the emails too, considering over
a year's worth of Acosta's emails during this period of
time conveniently have been purged. So that's always nice, right.
You would think that there'd be a record of what
was going on with the prosecutor contacting his bosses talking

(10:16):
about the case, but no, those emails were purged and
they want you to believe that it was a technical issue.
In Tuesday's appeal, Maxwell's lawyers argue that Nathan read the
agreement too narrowly. Epstein wanted a broad agreement, they said.
Her lawyers pointed to Leslie Groff, one of the people
explicitly named as a potential co conspirator, who worked for

(10:38):
Epstein out of his office in New York. US attorneys
in Manhattan decided not to seek charges against Groff. Insider
previously reported, must be nice to be part of the
big club, right, and you know it's crazy. If they
would have just hit them with RICO, all of this
would have been avoided and all of these people would
have been in prison. Epstein's objective negotiating the NPA was

(11:01):
to obtain a global resolution that would, among other things,
provide maximum protection for any alleged co conspirators. Maxwell's lawyers wrote,
in any case, the judge should have held a hearing
to figure out the non prosecution agreement's true meaning before
concluding it didn't apply to Maxwell. The lawyers argued, Oh,
I agree, let's hold a hearing, and any of these

(11:24):
judges out there, in any of these appellate courts or
any court in between that would let that Dragconian deal
between Jeffrey Epstein and the government stand should lose their job.
There is no doubt that that deal was created on
the back of corruption, and that NPA should immediately be
done away with. All right, folks, Well, there you have it,

(11:47):
Glen Maxwell's making remove and we'll see where it all
ends up. All of the information that goes with this
episode can be found in the description box.