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Maxwell’s legal team had tried to stretch the NPA to cover her, pointing to language that supposedly shielded “any co-conspirator of Jeffrey Epstein.” But the DOJ made it crystal clear: that deal didn’t apply across the board and certainly didn’t grant Maxwell blanket immunity from prosecution in other districts.
As her legal options dried up, Maxwell’s lawyer, David Oscar Markus, attempted a Hail Mary—by directly invoking former President Trump’s name and reputation.
“I’d be surprised if President Trump knew his lawyers were asking the Supreme Court to let the government break a deal,” Markus said, calling Trump “the ultimate dealmaker.” He added, “When the United States gives its word, it should keep it.”
He also claimed Maxwell’s prosecution was “especially unfair,” arguing she’s behind bars due to a “promise the government made and broke.”
But the Justice Department wasn’t buying it.
Their filing highlighted that the original NPA negotiated by then-U.S. Attorney R. Alexander Acosta in Florida never had the authority to bind other federal districts—nor did it try to.
“There is no indication here that anyone involved in negotiating Epstein’s NPA obtained the necessary approval for binding other USAOs or thought it was necessary,” the DOJ argued.
The DOJ also called out the sheer absurdity of Maxwell’s theory.
“It would be extremely strange if the NPA left Epstein himself open to federal prosecution in another district—as eventually occurred—while protecting his coconspirators from prosecution anywhere,” Sauer wrote.
In plain English: Maxwell wants immunity that even Epstein himself never had. That’s not just legally unsound—it’s ludicrous.
All of this is unfolding as the Trump administration is under fire over how it’s handling Epstein-related investigations.
Just weeks ago, the DOJ and FBI declared they found “no incriminating ‘client list’” and “no credible evidence that Epstein blackmailed prominent individuals.” That announcement sparked outrage from Trump’s base, who expected a deep-cleaning of the Epstein files.
Fueling the fire, Deputy Attorney General Todd Blanche reportedly held two days of interviews with Maxwell, during which she allegedly answered questions about “roughly 100 different people.”
That cooperation has ignited speculation about potential sentence reductions or even a pardon—something Trump has addressed but not committed to.
“I haven’t thought about it,” Trump said when asked if he would consider pardoning Maxwell. But he added, “I have the power to do so.”
Beyond Maxwell’s personal fate, this legal clash could impact future federal cases nationwide.
Maxwell’s attorneys argue that conflicting rulings across circuit courts have created confusion over whether federal prosecutors can make binding immunity promises. They’re urging the Supreme Court to step in and provide clarity.
But victims of Epstein’s abuse aren’t buying her narrative—and neither are their attorneys.
“After two-plus decades of recruiting and abusing young girls trapped in Jeffrey Epstein’s sex-trafficking enterprise, Ghislaine Maxwell has again attempted to escape accountability by trying to hide behind the non-prosecution agreement,” said Sigrid McCawley, who represents hundreds of Epstein’s alleged victims.
“Maxwell does not deserve any protection, and she should remain in prison for the horrific crimes she committed.”
And the DOJ doubled down, saying Maxwell wasn’t even on their radar when the NPA was made.
“The government was not even aware of [Maxwell’s] role in Epstein’s scheme at that time,” Sauer wrote, calling her at best “an incidental third-party beneficiary of the agreement.”
Maxwell was convicted in 2021 on five serious charges, including sex trafficking of a minor. Prosecutors proved she was a central player in Epstein’s predatory empire—grooming and recruiting underage girls for abuse.
Her sentence runs through 2037—unless the Supreme Court hears her case and overturns it. But legal experts say that’s highly unlikely.
If the justices decline to intervene, Maxwell will remain right where she is: behind bars. And for Epstein’s countless victims, that’s a step closer to long-overdue justice.
