MEMY-1805 marker2 court-grand-jury (salt 4090): 13/13

marker2/court-grand-jury/EFTA02819479/EFTA02819479.md

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+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+Case No.
+
+IN RE: Grand Jury 05-02 (WPB) 07-103 (WPB)
+
+FILED BY/461 D.C. JUL 1 8 2025 ANGELA E NOBLE CLERK U.S DIST. CT. S.D. OF FLA - WPB
+
+## UNITED STATES' PETITION TO UNSEAL GRAND JURY TRANSCRIPTS
+
+At the direction of the Attorney General, the Department of Justice hereby files this petition asking the Court to release grand jury transcripts associated with the grand jury investigations described above.
+
+On July 6, 2025, the Department of Justice and Federal Bureau of Investigation issued a memorandum describing an exhaustive review undertaken of investigative holdings relating to Jeffrey Epstein (the "Memorandum"): The Memorandum detailed the steps taken by the Department of Justice and Federal Bureau of Investigation to determine whether evidence existed that could predicate an investigation into uncharged third parties. As the Memorandum concluded, no such evidence was uncovered during the review.
+
+Since July 6, 2025, there has been extensive public interest in the basis for the Memorandum's conclusions. While the Department of Just ice and Federal Bureau of Investigation continue to adhere to the conclusions reached in the Memorandum, transparency to the American public is of the utmost importance to this Administration. Given the public interest in the investigative work conducted by the Department of Justice and Federal Bureau of Investigation into Epstein, the Department of Justice petitions the Court to unseal the underlying grand jury
+
+hrtvs://ww%v.iustice zovioDdinedia/140700 Udl?inline.
+
+transcripts in United States v. Epstein, subject to appropriate redactions of victim-related and other personal identifying information.2 The Department will work with the United States Attorney's Offices for Southern District of New York and Southern District of Florida to make appropriate redactions of victim-related information and other personal identifying information prior to releasing the transcripts. Transparency in this process will not be at the expense of our obligation under the law to protect victims.
+
+I. On July 2, 2019, a grand jury sitting in the Southern District of New York returned an indictment charging Epstein with sex trafficking offenses. See Dkt. No. 2. On August 10, 2019, while awaiting trial, Epstein committed suicide in his cell in the Metropolitan Correctional Center in New York City. Soon after, the Court dismissed the indictment. Dkt. No. 52.
+
+2. On June 29, 2020, a grand jury sitting in the Southern District of New York charged Epstein's longtime confidant, Ghislaine Maxwell, with numerous offenses related to the trafficking and coercion of minors. See United States v. Maxwell, 1:20-cr-330, Dkt. No. 1 (S.D.N.Y. June 29, 2020). In December 2021, a jury found Maxwell guilty on several counts. Maxwell was sentenced to 240 months' imprisonment and the Second Circuit later affirmed her convictions and sentence. See United States v. Maxwell, 118 F.4th 256 (2d Cir. 2024).
+
+3. On July 6, 2025, the Department of Justice and Federal Bureau of Investigation announced the conclusion of their review of the particulars of Epstein's crimes and death. Since then, the public's interest in the Epstein matter has remained. Given this longstanding and legitimate interest, the government now moves to unseal grand jury transcripts associated with Epstein.
+
+<sup>2</sup> The Department of Justice is filing similar motions in United States v. Maxwell, I :20-cr-330 (S.D.N.Y.), and in United States v. Epstein, I :19-cr-490 (S.D.N.Y.).
+
+4. "It is a tradition of law that proceedings before a grand jury shall generally remain secret." In re Biaggi, 478 F.2d 489 (2d Cir. 1973). "[The tradition of secrecy," however, "is not absolute." In re Petition of Nat. Sec. Archive, 104 E Supp. 3d 625, 628 (S.D.N.Y. 2015). Although Rule 6(h)(3) of the Federal Rules of Criminal Procedure generally lists the exceptions to grand jury secrecy, the Second Circuit has recognized that "there are certain 'special circumstances' in which release of grand jury records is appropriate even outside the boundaries of the rule." In re Craig, 131 F.3d 99, 102 (2d Cir. 1997); see also Carlson v. United States, 837 F.3d 753, 767 (7th Cir. 2016) ("Rule 6(e)(3)(E) does not displace that inherent power. It merely identifies a permissive 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.
+
+5. 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 Abnizzo, 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 e, 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 E Supp. 3d at 629. "The time for the public to guess what they contain
+
+<sup>3</sup> hllps.//www,nwpalmbeachclerk.com/horne/showpublisheddocument/4194/638554423710170000.
+
+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 courts 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.).
+
+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
+
+TODD BLAN Depu neral
+
+P.O ED STATES ATTORNEY Florida Bar No. 60024 99 Northeast 4th Street Miami, Florida 33132-2111 Tel: (305) 961-9001 Email: Hayden.OByme@usdoj.gov
+
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.
+
+IN RE: Grand Jury 05-02 (WPB) 07-103 (WPB)
+
+## 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. 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
+
+Respectfu y-sut ed, P. O'BYRNE TEI) STATES ATTORNEY Florida Bar No. 60024
+
+99 Northeast 4th Street Miami, Florida 33132-2111 Tel: (305) 961-9001 Email: I Iayden.OByrne@usdoj.gov

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marker2/court-grand-jury/EFTA02819485/EFTA02819485.md

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+IN RE: Grand Jury 05-02
+
+![](_page_0_Picture_4.jpeg)
+
+## UNITED STATES DISTRICT COURT
+
+## ORDER REQUIRING SUPPLEMENTAL BRIEFI
+
+This Cause is before the Court on the United States' Petition to Unseal Grand Jury Transcripts (the "Petition"), filed on July 18, 2025. Pursuant to Federal Rule of Criminal Procedure 6. the Government requests that the transcripts related to grand jury investigations 05- 02 (WPB) and 07-103 (WPB) (the "Florida Proceedings") be unsealed "subject to appropriate redactions of victim-related and other personal identifying information." Pet. at I. Additionally, the Government states that "[t)o the extent this Court maintains that this 'petition to disclose arises out of a judicial proceeding in another district' ... the Court should `transfer the petition to'" the Southern District of New York. Id. at 4-5 (referencing other petitions filed in United States v. Maxwell, No. I :20-CR-330 (S.D.N.Y.) and United States v. Epstein, No. 1:19-490 (S.D.N.Y.)) (the "New York Proceedings"). Having reviewed the Petition, the Court requires supplemental briefing on two issues.
+
+## The Government's Request to Unseal Grand Jury Documents
+
+First, the Court requires the Government to clarify its legal position in support of its request to unseal the grand jury materials. The rule applicable to the Government's request, Rule 6 of the Federal Rules of Criminal Procedure, "codifies the traditional rule of grand jury secrecy and provides a comprehensive framework for determining whether and under what conditions the records of grand jury proceedings may be released." Pitch v. United States, 953 F.3d 1226, 1229 (11th Cir. 2020). This rule of secrecy is subject to exceptions, but in this Circuit, there are only
+
+five—that is, there are five, limited exceptions under which a district court may authorize the disclosure of grand jury materials. Fed. R. Crim. P. 6(e)(3)(E); Pitch, 953 F.3d at 1242.
+
+It is unclear from the Petition whether the Government is arguing that any of the five exceptions applies to its request. On the one hand, the Government acknowledges the governing. binding law on this Court, which limits the available grounds for disclosure. Pet. 16 (stating that the Government -`recognize[s] that this Court is bound by Pitch"). On the other hand, the Government implies that it may concede that, under governing law, this Court must deny the Petition, but the Government nonetheless intends to appeal. Id. (stating that the Government seeks to preserve the issue for any potential appeal).
+
+The Government shall therefore clarify its legal position. In supplemental briefing, the Government shall clarify whether: (1) it concedes that this Court must deny the Petition under binding Eleventh Circuit precedent, but that it nonetheless seeks an order from this Court so that it may file an appeal; or (2) it argues that an exception applies that would permit this Court to grant the Government's Petition, together with legal argument in support of the same.
+
+## The Government's Request for a Transfer of the Petition to New York
+
+Second. the Court requires supplemental briefing on the Government's request to transfer the Petition. The rule applicable to the Government's request, Rule 6(e)(3)(G) of the Federal Rules of Criminal Procedure, mandates that "(i)f the petition to disclose arises out of a judicial proceeding in another district, the petitioned court must transfer the petition to the other court unless the petitioned court can reasonably determine whether disclosure is proper." Under this Rule, a transfer to another district is only permissible when a proceeding "arises out of a judicial proceeding in another district." yet the Government's Petition does not identify any facts or law in
+
+support of the contention that the Florida Proceedings arose out of the New York Proceedings. Because the Florida Proceedings appear to have been initiated many years prior to the New York Proceedings, any argument that the Florida Proceedings nonetheless arose out of the New York Proceedings must be accompanied with an explanation and with legal argument in support of the same. Therefore, in supplemental briefing, the Government shall clarify: (1) whether it is the Government's position that the Petition is eligible for transfer to the New York Proceedings; (2) the legal basis under which the transfer is proper under Rule 6(3)(G); and (3) specifically how the materials, Petition, or Florida Proceedings arose out of the New York Proceedings. Alternatively, if, under applicable law, there is no legal basis to transfer the Petition, the Government should clearly state the same.
+
+It is hereby ORDERED that the Government must file a supplemental brief addressing the above-described issues. The Government's brief shall not exceed ten pages and shall be submitted by no later than 3 p.m. on Sunday, July 20, 2025.
+
+DONE AND ORDERED in West Palm Beach. Florida. this 19th day of July. 2025.
+
+> -01 ROBIN L. ROSENB UNITED STATES DISTRI RG JUDGE

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marker2/court-grand-jury/EFTA02819488/EFTA02819488.md

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+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+Case No.
+
+IN RE: Grand Jury 05-02 (WPB) 07-103(WPB)
+
+![](_page_0_Picture_4.jpeg)
+
+# UNITED STATES' RESPONSE TO ORDER ON SUPPLEMENTAL BREWING
+
+Consistent with the Court's July 19, 2025 order, the United States files this supplemental brief addressing (I) the government's request to transfer this petition to the Southern District of New York; and (2) the government's request to unseal grand jury documents.
+
+### A. The Court Should Transfer this Petition to the Southern District of New York
+
+In response to the second set of questions posed in the July 19, 2025 Order, the government responds as follows: (I) this petition is eligible for transfer to the Southern District of New York; (2) Rule 6(eX3)(G) permits the transfer since the only judicial proceedings were in the Southern District of New York and not in the Southern District of Florida; and (3) this petition to disclose arose out of the highly-publicized indictment of Jeffrey Epstein and subsequent federal criminal trial of Ghislaine Maxwell in the Southern District of New York. Further, this petition is ancillary to the New York Proceedings seeking the same relief.
+
+The petition is eligible for transfer to the Southern District of New York under Rule 6(eX3)(G), which states the following:
+
+(G) If the petition to disclose arises out of a judicial proceeding in another district, the petitioned court must transfer the petition to the other court unless the petitioned court can reasonably determine whether disclosure is proper. If the petitioned court decides to transfer, it must send to the transferee court the material sought to be disclosed, if feasible, and a written evaluation of the need for continued grand-jury secrecy. The transferee court must afford those persons identified in Rule 6(e)(3)(F) a reasonable opportunity to appear and be heard.
+
+Fed. R. Crim. P. 6(eX3XG) (emphasis added).
+
+This Petition to Disclose (filed on July 18, 2025) arises out of two highly publicized judicial proceedings in the Southern District of New York: the indictment and criminal prosecution of Jeffrey Epstein, United States v. Epstein, :19-CR-490 (S.D.N.Y.), and the subsequent federal criminal indictment, trial, and conviction of Ghislaine Maxwell in the Southern District of New York, United States v. Maxwell, I :20-CR-330 (S.D.N.Y.). Indeed, the relief sought in this petition is ancillary to the relief sought in those cases. Motions seeking identical relief were contemporaneously filed in the Southern District of New York on July 18, 2025.' Rule 6(e)(3)(i) requires that this petition "must be filed in the district where the grand jury convened." As a result, this petition was also filed in this Court.
+
+The only judicial proceedings are in the Southern District of New York. In the July 19, 2025 Order Requiring Supplemental Briefing, the Court defined the Southern District of Florida ("SDFL") grand jury proceedings as the "Florida Proceedings," and United States v. Maxwell, No. 1:20-CR-330 (S.D.N.Y.) and United States v. Epstein. No. :19-CR-490 (S.D.N.Y.) as the "New York Proceedings." But the -Florida Proceedings" were not judicial proceedings—they were grand jury proceedings. To that point, the Eleventh Circuit in Pitch distinguished between grand jury and judicial proceedings: "The grand jury is by design an institution independent from the Judicial Branch. Accordingly, the district court neither presides over the grand jury nor monitors its proceedings. In fact, Rule 6 does not permit the district judge to be present in the grand jury room at all." Pitch v. United States, 953 F.3d 1226, 1237 (1Ith Cir. 2020) (en bane) (cleaned up); see also Fed. R. Crim. P. 6(d).
+
+Copies of those motions are attached hereto as Exhibits I and 2.
+
+Because the only judicial proceedings giving rise to this petition are located in the Southern District of New York, "the petitioned court must transfer the petition to the other court unless the petitioned court can reasonably determine whether disclosure is proper." Fed. R. Crim. P. 6(e)(3)(G). The underlying matters have been litigated in the Southern District of New York, but no similar action exists in the Southern District of Florida. The Southern District of New York can better assess the need for the release of transcripts resulting from those historic cases and the scope of necessary redactions based upon information already disseminated through the trial and public docket. CI Douglas Oil Co. of Ca. it Petrol Stops W.. 441 U.S. 211, 212 (1979) ("[T]he better practice would have been for the [petitioned] Court. after making a written evaluation of the need for continued grand jury secrecy and a determination that the limited evidence before it showed that disclosure might be appropriate, to send the requested materials to the [] Court where the civil cases were pending."); Fed. R. Crim. P. 6(eX3XG) ("If the petitioned court decides to transfer, it must send to the transferee court the material sought to be disclosed. if feasible, and a written evaluation of the need for continued grand-jury secrccy.-). Judicial efficiency counsels in favor of transferring this petition to the Southern District of New York so that one court may consider all the related materials and issue consistent rulings.
+
+## B. This Investigation Constitutes a Special Circumstance Justifying Disclosure
+
+Consistent with its petition, the government recognizes that Eleventh Circuit precedent holds that no exception outside those expressly enumerated under Criminal Rule 6(e)(3) authorizes a court to publicly disclose grand jury materials. See Pitch v. United States, 953 F.3d 1226, 1229 (11th Cir. 2020) (en bane). The government also recognizes that, in this circuit, only an en bane decision or the Supreme Court may overrule that decision. See generally Scott v United States, 890 F.3d 1239. 1257 (discussing prior-panel-precedent rule).
+
+That said, decisions from other circuits support public disclosure of grand jury materials under "special circumstances," including when a matter possesses historical interest by the public. See In re Biaggi. 478 F.2d 489. 494 (2d Cir. 1973) (affirming release of grand jury witness testimony based on the "special circumstances" of the case); In re Craig, 131 F.3d 99, 102 (2d Cir. 1997) ("[W]e hold today that there is nothing ... that prohibits historical interest, on its own, from justifying release of grand jury material in an appropriate case."): Carlson v. United Slates, 837 F.34:I 753, 766-67 (7th Cir. 2016) ("While [the court's] inherent supervisory authority is limited to 'preserving or enhancing the traditional functioning' of the grand jury, that includes the power to unseal grand jury materials in circumstances not addressed by Rule 6(e)(3)(E).") (cleaned up).
+
+The Second Circuit's decision in In re Biaggi demonstrates that public interest in an investigation might constitute a special circumstance justifying public disclosure. There, the district court ordered the public disclosure of a political candidate's grand jury testimony given less than two years earlier. In re Biaggi, 478 F.2d at 490. The events preceding the district court's order included press coverage on how the candidate allegedly responded to questions during his testimony. See id. at 490-91. That coverage eventually led to a television broadcast during which the candidate announced that he would request to have his testimony reviewed by the court to determine whether he invoked his Fifth Amendment privilege in response to questions about his personal finances and assets. Id. at 491. Contrary to that more limited request, the U.S. Attorney moved for disclosure of all the candidate's testimony, which the district court ultimately ordered. Id. at 491. The Second Circuit affirmed the district court's order because the candidate's more limited request "was framed . . . in such a manner as to create a false impression in light of the publicity that had given rise to it." Id. at 494. Thus, the Second Circuit concluded that the district court did not abuse its discretion considering the "special circumstances" of the case. See id.
+
+Similar to the U.S. Attorney's request in In re Biaggi, the government's position here is that the public's strong interest in this historical investigation into Jeffrey Epstein constitutes a special circumstance justifying the public disclosure of grand jury materials. The public's interest in this investigation persists despite the findings from the Department of Justice and Federal Bureau of Investigation discussed in the July 5, 2025 memorandum. Given the historical public interest in this investigation, public disclosure of grand jury materials is justified under the special circumstances of this case. To the extent this Court's decision is preordained by Pitch, the government preserves its right to appeal that decision and rely on decisions from the Second and Seventh Circuit for support.
+
+Finally, many of the rationales supporting grand jury secrecy under Rule 6(e) no longer apply to this investigation because of Jeffrey Epstein's death. With this grand jury investigation no longer pending, concerns over the defendant's flight or obstruction or possible collusion among grand jury witnesses no longer apply. Therefore, the stasis of this investigation further justifies public disclosure of grand jury transcripts. See In re Pub. First Law Or, No. 1:24-inc-00215- TMB-NC, 2024 WL 1885724. at '1'6 (D. Haw. Apr. 29, 2024) ("[O]ther courts have noted that the policy rationale to preserve grand jury secrecy is less obvious after the grand jury proceedings have ended because the primary reasons for grand jury secrecy, namely to 'prevent flight, protect the jurors, and protect witnesses from being pressured.' are generally less applicable.") (footnote omitted).
+
+# C. Conclusion
+
+This Court should transfer this petition to the Southern District of New York because this matter arises out of a judicial proceeding in another district under Rule 6(G). Alternatively, this Court should grant the government's petition and order the release of grand jury transcripts from
+
+this investigation because the strong public interest in this investigation constitutes "special circumstances- justifying release.
+
+Respectfully submitted.
+
+PAMELA J. BONDI U.S. Attorney General
+
+TODD BLANCHE. Deputy Attorney General
+
+74leg, AM A O'Ngr4
+
+H EN P. O'BYR United States Attorney. Southern District of Florida Florida Bar No. 60024 99 Northeast 4th Street Miami. Florida 33132-211 1 Tel: (305) 961-9001 Email: Hayden.OByrne@usdoj.gov
+
+### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America
+
+v.
+
+Jeffrey Epstein.
+
+Defendant.
+
+![](_page_6_Picture_6.jpeg)
+
+I :19-er-490 (RMB)
+
+# UNITED STATES' MOTION TO UNSEAL GRAND JURY TRANSCRIPTS
+
+At the direction of the Attorney General, the Department of Justice hereby moves the Court to release grand jury transcripts associated with the above-referenced indictment.
+
+On July 6, 2025, the Department of Justice and Federal Bureau of Investigation issued a memorandum describing an exhaustive review undertaken of investigative holdings relating to Jeffrey Epstein (the "Memorandum").' The Memorandum detailed the steps taken by the Department of Justice and Federal Bureau of Investigation to determine whether evidence existed that could predicate an investigation into uncharged third parties. As the Memorandum concluded. no such evidence was uncovered during the review.
+
+Since July 6, 2025. there has been extensive public interest in the basis for the Memorandum's conclusions. While the Department of Justice and Federal Bureau of Investigation continue to adhere to the conclusions reached in the Memorandum, transparency to the American public is of the utmost importance to this Administration. Given the public interest in the investigative work conducted by the Department of Justice and Federal Bureau of Investigation into Epstein. the Department of Justice moves the Court to unseal the underlying grand jury
+
+I btios:fivi'vv..iust ICC.COV 'ma/media/ 1407001 l?in I inc.
+
+transcripts in United States v. Epstein. subject to appropriate redactions of victim-related and other personal identifying information.2 The Department will work with the United States Attorney's Office for Southern District of New York to make appropriate redactions of victim-related information and other personal identifying information prior to releasing the transcripts. Transparency in this process will not be at the expense of our obligation under the law to protect victims.
+
+1. On July 2. 2019. a grand jury sitting in the Southern District of New York returned an indictment charging Epstein with sex trafficking offenses. See Dkt. No. 2. On August 10. 2019, while awaiting trial, Epstein committed suicide in his cell in the Metropolitan Correctional Center in New York City. Soon after, the Court dismissed the indictment. Dkt. No. 52.
+
+2. On June 29, 2020, a grand jury sitting in the Southern District of New York charged Epstein's longtime confidant. Ghislaine Maxwell. with numerous offenses related to the trafficking and coercion of minors. See United States v. Maxwell. I:20-cr-330. Dkt. No. I (S.D.N.Y. June 29, 2020). In December 2021. a jury found Maxwell guilty on several counts. Maxwell was sentenced to 240 months' imprisonment, and the Second Circuit later affirmed her convictions and sentence. See United States v. Maxwell, 118 F.4th 256 (2d Cir. 2024).
+
+3. On July 6. 2025, the Department of Justice and Federal Bureau of Investigation announced the conclusion of their review of the particulars of Epstein's crimes and death. Since then, the public's interest in the Epstein matter has remained. Given this longstanding and legitimate interest, the government now moves to unseal grand jury transcripts associated with Epstein.
+
+The Department of Justice is filing similar motions in United Slates t Marvell. l:20-cr-330 (S.D.N.Y.), and in the Southern District of Florida.
+
+4. It is a tradition of law that proceedings before a grand jury shall generally remain secret." In re Biaggi, 478 F.2d 489 (2d Cir. 1973). "[The tradition of secrecy," however, "is not absolute." In re Petition of Nat. Sec. Archive. 104 F. Supp. 3d 625, 628 (S.D.N.Y. 2015). Although Rule 6(bX3) of the Federal Rules of Criminal Procedure generally lists the exceptions to grand jury secrecy, the Second Circuit has recognized that "there are certain 'special circumstances' in which release of grand jury records is appropriate even outside the boundaries of the rule.- In re Craig. 131 F.3d 99, 102 (2d Cir. 1997): see also Carlson v. United States, 837 F.3d 753, 767 (7th Cir. 2016) ("Rule 6(eX3)(E) does not displace that inherent power. It merely identifies a permissive 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.
+
+5. 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 Arenberg and 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 ., 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
+
+<sup>3</sup> https://wv, wins oalmbeacliclerk.contlhomeskm nub' isheddocument 4194/638554423710170000.
+
+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. For these reasons, this Court should conclude that the Epstein and Maxwell cases qualify 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
+
+/s/ Todd Blanche TODD BLANCHE Deputy Attorney General
+
+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America
+
+v.
+
+Ghislaine Maxwell,
+
+Defendant.
+
+![](_page_10_Picture_7.jpeg)
+
+I :20-cr-330 (AJN)
+
+# UNITED STATES' MOTION TO UNSEAL GRAND JURY TRANSCRIPTS
+
+At the direction of the Attorney General, the Department of Justice hereby moves the Court to release grand jury transcripts associated with the above-referenced indictment.
+
+On July 6. 2025, the Department of Justice and Federal Bureau of Investigation issued a memorandum describing an exhaustive review undertaken of investigative holdings relating to Jeffrey Epstein (the "Memorandum")) The Memorandum detailed the steps taken by the Department of Justice and Federal Bureau of Investigation to determine whether evidence existed that could predicate an investigation into uncharged third parties. As the Memorandum concluded, no such evidence was uncovered during the review.
+
+Since July 6. 2025. there has been extensive public interest in the basis for the Memorandum's conclusions. While the Department of Justice and Federal Bureau of Investigation continue to adhere to the conclusions reached in the Memorandum, transparency to the American public is of the utmost importance to this Administration. Given the public interest in the investigative work conducted by the Department of Justice and Federal Bureau of Investigation into Epstein, the Department of Justice moves the Court to unseal the underlying grand jury
+
+MIDS:Pwsviv.iuStiCe.tov/oDa/mediat 1407001dl?inline.
+
+transcripts in United States v. Epstein, subject to appropriate redactions of victim-related and other personal identifying information.2 The Department will work with the United States Attorney's Office for Southern District of New York to make appropriate redactions of victim-related information and other personal identifying information prior to releasing the transcripts. Transparency in this process will not be at the expense of our obligation under the law to protect victims.
+
+1. On July 2, 2019. a grand jury sitting in the Southern District of New York returned an indictment charging Epstein with sex trafficking offenses. See United States v. Epstein, 1:19 cr490. Dkt. No. 2. (S.D.N.Y.). On August 10, 2019, while awaiting trial, Epstein committed suicide in his cell in the Metropolitan Correctional Center in New York City. Soon after, the Court dismissed the indictment. Dkt. No. 52.
+
+2. On June 29, 2020, a grand jury sitting in the Southem District of New York charged Epstein's longtime confidant, Ghislaine Maxwell, with numerous offenses related to the trafficking and coercion of minors. See Dkt. No. 1. In December 2021, a jury found Maxwell guilty on several counts. This Court sentenced Maxwell to 240 months' imprisonment and the Second Circuit later affirmed her convictions and sentence. See United States v. Maxwell, 118 F.4th 256 (2d Cir. 2024).
+
+3. On July 6. 2025. the Department of Justice and Federal Bureau of Investigation announced the conclusion of their review of the particulars of Epstein's crimes and death. Since then, the public's interest in the Epstein matter has remained. Given this longstanding and legitimate interest, the government now moves to unseal grand jury transcripts associated with Epstein.
+
+The Department of Justice is filing similar motions in United States %t Epstein. I :19-cr-490 (S.D.N.Y.). and in the Southern District of Florida.
+
+4. "It is a tradition of law that proceedings before a grand jury shall generally remain secret." In re Biaggi, 478 F.2d 489 (2d Cir. 1973). "[T]he tradition of secrecy," however, "is not absolute." In re Petition of Nat. Sec. Archive, 104 F. Supp. 3d 625, 628 (S.D.N.Y. 2015). Although Rule 6(b)(3) of the Federal Rules of Criminal Procedure generally lists the exceptions to grand jury secrecy, the Second Circuit has recognized that "there arc certain 'special circumstances' in which release of grand jury records is appropriate even outside the boundaries of the rule." In re Craig, 131 F.3d 99, 102 (2d Cir. 1997); see also Carlson v. United States, 837 F.3d 753, 767 (7th Cir. 2016) ("Rule 6(e)(3)(E) does not displace that inherent power. It merely identifies a permissive 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.
+
+5. 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 Abruzzo. 50-2019 CA-01468I (15th Cir. July I, 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., 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
+
+Nos:An% will% oalmbeachclerk.com/homesho%nublisheddocument'41941638554423710170000.
+
+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. While the Government recognizes that Maxwell's case is currently pending before the Supreme Court on a petition for a writ of certiorari, it nonetheless moves this Court for relief due to the intense public scrutiny into this matter.
+
+6. For these reasons, this Court should conclude that the Epstein and Maxwell cases qualify 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
+
+/s/ Todd Blanche TODD BLANCHE Deputy Attorney General

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marker2/court-grand-jury/EFTA02819502/EFTA02819502.md

@@ -0,0 +1,119 @@
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+IN RE: Grand Jury 05-02 (WPB) & 07-103 (WPB)
+
+FILED BY D.C.
+
+JUL 2 3 2025
+
+ANGELA E. NOBLE CLERK U.S. DIST. CT. S.D. OF FLA. - W.P.B.
+
+### ORDER DENYING PETITION TO UNSEAL GRAND JURY TRANSCRIPTS
+
+The matter before the Court is the United States' request to unseal grand jury transcripts stemming from the Government's investigation into Mr. Jeffrey Epstein in the Southern District of Florida. For the reasons set forth below, Eleventh Circuit law does not permit this Court to grant the Government's request; the Court's hands are tied—a point that the Government concedes.
+
+The Government initiated the matter before the Court by filing the United States' Petition to Unseal Grand Jury Transcripts on July 18, 2025, and the Government's Response to the Court's Order on Supplemental Briefing (hereinafter "Supp. Br.") on July 20, 2025 (together, the "Petition"). Pursuant to Federal Rule of Criminal Procedure 6, the Government requests that the transcripts related to grand jury investigations 05-02 (WPB) and 07-103 (WPB) (the "Florida Federal Grand Jury Proceedings") be unsealed "subject to appropriate redactions of victim-related and other personal identifying information." Pct. at I. Additionally, the Government states that "[t]o the extent this Court maintains that this 'petition to disclose arises out of a judicial proceeding in another district' ... the Court should 'transfer the petition to' the Southern District of New York. Id. at 4-5 (referencing other petitions filed in United States v. Maxwell, No. 1:20-CR-330 (S.D.N.Y.) and United States v. Epstein, No. 1:19-490 (S.D.N.Y.)) (the "New York Federal Proceedings").
+
+### I. BACKGROUND
+
+The Government's Petition seeks to unseal transcripts from the Florida Federal Grand Jury Proceedings—grand jury investigations into Mr. Epstein. The federal grand juries were convened in West Palm Beach in 2005 and 2007.
+
+Simultaneously with its filing of the instant Petition, the Government also filed parallel petitions to unseal transcripts in the Southern District of New York ("SDNY"). which pertain to the 2019 and 2020 SDNY federal grand jury investigations. The 2019 SDNY grand jury returned an indictment charging Mr. Epstein with crimes including sex trafficking offenses. Pet. ¶ I. The indictment was dismissed after Mr. Epstein committed suicide while awaiting trial. Id. The 2020 SDNY grand jury charged Mr. Epstein's "longtime confidant, Ms. Ghislaine Maxwell." with offenses related to the sex trafficking and coercion of minors. Id. ¶ 2: Maxwell, 1:20-CR-330, Dkt. No. 1. After a conviction and sentencing in her case, Ms. Maxwell's sentence was affirmed by the Second Circuit. United Slates v. Maxwell, 1 18 F.4th 256 (2d Cir. 2024).
+
+On July 6, 2025. the Department of Justice ("DOJ") and the Federal Bureau of Investigation issued a memorandum "describing an exhaustive review undertaken of investigative holdings related to" Mr. Epstein. Pet. at I. The DOJ memorandum concluded that no evidence was uncovered "that could predicate an investigation into uncharged third parties." Id. Since the issuance of the DOJ memorandum, "there has been extensive public interest in the basis for the [mjemorandum's conclusions." Id. Because "[R]ublic officials, lawmakers, pundits, and ordinary citizens remain deeply interested and concerned about the Epstein matter," the Government petitioned to unseal the relevant grand jury transcripts—including the Florida transcripts at issue in the pending Petition in this District. hi
+
+### II. DISCUSSION
+
+The Petition contains two requests for relief: (I) a request to disclose evidence; and (2) a request to transfer the Petition to the Southern District of New York. Both requests are denied for the reasons stated below.
+
+# 1. The Government's Request to Disclose Evidence
+
+Federal Rule of Criminal Procedure 6(e) governs the disclosure of grand jury proceedings. The Rule emphasizes a presumption of secrecy and mandates that, generally, "[u]nless the rules provide otherwise[,]" participants in the proceeding "must not disclose a matter occurring before the grand jury." Fed. R. Crim. P. 6(eX2)(B). Rule 6(eX3) enumerates several specific exceptions to the general rule of nondisclosure. For example. the Rule provides that "a government attorney may, without prior court approval, disclose grand jury records to other government attorneys or officials for use in performing the attorneys' duties, or to other grand juries for the purpose of conducting criminal or intelligence investigations." Pitch v. United States, 953 F.3d 1226, 1234 (11th Cir. 2020) (en banc) (citing Fed. R. Crim. P. 6(e)(3XA)—(D)), cert. denied, -- U.S. -, 141 S. Ct. 624 (2020) (citation modified). The Rule also provides exceptions where a district court may allow for disclosure of grand jury materials and states that a "court may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand jury matter" ( I ) "preliminarily to or in connection with a judicial proceeding"; (2) "at the request of a defendant who shows that a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury"; or (3) at the request of the government for use in a foreign. state, tribal, or military criminal investigation. Fed. R. Crim. P. 6(e)(3)(E)(i)—(v).
+
+The Government's Petition to unseal the grand jury transcripts is not based on any of the exceptions in Rule 6. Instead, the Government makes two arguments outside Rule 6. First, the Government argues that disclosure is proper because "many of the rationales supporting grand jury
+
+secrecy under Rule 6(e) no longer apply to this investigation because of Jeffery Epstein's death." Supp. Br. at 5. It further argues that "the public's strong interest in th[e] historical investigation into Jeffrey Epstein constitutes a special circumstance justifying public disclosure." Id. (citation modified). Notably, the Government's requested exception is recognized only in the Second and Seventh Circuits. In re Biaggi. 478 F.2d 489, 494 (2d Cir. 1973) (affirming release of grand jury witness testimony based on the "special circumstances" of the case); In re Craig, 131 F.3d 99, 102 (2d Cir. 1997) ("[W]e hold today that there is nothing ... that prohibits historical interest, on its own, from justifying release of grand jury material in an appropriate case."); Carlson v. United States, 837 F.3d 753, 766-67 (7th Cir. 2016) (holding that a district court's inherent authority "includes the power to unseal grand jury materials in circumstances not addressed by Rule(eX3)(E)").
+
+Contrary to the Government's stated basis and the Second and Seventh Circuits,' the Eleventh Circuit has directly held that a district court "do[es] not possess the ... power to order the release of grand jury records in instances not covered by" Rule 6(e)(3XE).2 Pitch, 953 F.3d at 1241. "District courts may only authorize the disclosure of grand jury materials if one of the five
+
+I A district court is bound by the decisions of its intermediate appellate court. That is, this Court, the Southern District of Florida, is bound by the decisions of the Eleventh Circuit of Appeals. The Southern District of New York is bound by the decisions of the Second Circuit Court of Appeals. As discussed above, the Eleventh and Second Circuits have differing decisions regarding a district court's authority to disclose materials under Rule 6. CI: United States v. Maxwell, No. I :20-CR-330, Dkt. No. 789,1-2 (S.D.N.Y. July 22, 2025) (requiring supplemental briefing on a "special circumstances" exception to Rule 6 recognized in the Second Circuit); United States v. Epstein, No. I:19-490, Dkt. No. 63, 1-2 (S.D.N.Y. July 22, 2025)(same).
+
+<sup>2</sup> Before 2020. Eleventh Circuit case law held that "a (district) court's power to order disclosure of grand July records is not strictly confined to instances spelled out in" Rule 6. In re Petition to Inspect & Copy Grand Jury Materials, 735 F.2d 1261 (1 I th Cir. 1984). The Eleventh Circuit's en banc decision in Pitch, however, specifically overruled that decision. Pitch, 953 F.3d at 1229 ("We now hold that Rule 6(e) is exhaustive, and that district courts do not possess inherent, supervisory power to authorize the disclosure of grand jury records outside of Rule 6(eX3)'s enumerated exceptions. We therefore overrule our holding in Hastings to the contrary."). And because Pitch was decided by an en banc panel of the Eleventh Circuit, it is the definitive law in this circuit. See Scott v. United States, 890 F.3d 1239, 1257 (11th Cir. 2018) ("The prior-panel-precedent rule requires subsequent panels of the court to follow the precedent of the first panel to address the relevant issue, 'unless and until the first panel's holding is overruled by the Court sitting en banc or by the Supreme Court.'").
+
+exceptions listed in Rule 6(e)(3XE) applies." Id.; accord McKeever v. Barr, 920 F.3d 842, 850 (D.C. Cir. 2019) ("[A] district court has no authority outside Rule 6(e) to disclose grand jury matter[sl."); United States v. McDougal, 559 F.3d 837, 840 (8th Cir. 2009) ("[C]ourts will not order disclosure absent a recognized exception to Rule 6(e) or a valid challenge to the original sealing order or its implementat ion."); In re Grand Jury 89-4-72, 932 F.2d 481, 488 (6th Cir. 1991) ("[A court] cannot, and must not, breach grand jury secrecy for any purpose other than those embodied by [Rule 6].").
+
+The Eleventh Circuit reasoned that the drafters of Rule 6 "permitted deviations from the general rule of secrecy only when the 'rules provide otherwise'—not when the court provides otherwise." Pitch. 953 F.3d at 1235 (citing Fed. R. Crim. P. 6(eX2)) (emphasis in original). That "intentional choice" by the drafters highlights their "understanding that disclosure should be limited to the text of Rule 6(e)." Id. To hold otherwise would have been to "render the detailed list of exceptions to Rule 6(eX2) merely precatory." Id. at 1236; see also Andrus v. Glover Constr. Co., 446 U.S. 608, 616-17 (1980) ("Where Congress explicitly enumerates certain exceptions to a general prohibition, additional exceptions are not to be implied, in the absence of evidence of a contrary legislative intent."). Accordingly, Pitch held that "Rule 6(e) is exhaustive, and that district courts do not possess ... power to authorize the disclosure of grand jury records outside of Rule 6(eX3)'s enumerated exceptions." 953 F.3d at 1229.
+
+The Government does not assert that disclosure is appropriate under any exception in Rule 6(e)(3)(E). Instead, it argues that special circumstances exist and that the policy reasons for grand jury secrecy have expired. However, the Government's stated rationale are not exceptions in Rule 6. The Court cannot grant a request for disclosure unless one of the five exceptions in Rule 6(eX3XE) applies.
+
+The Government concedes as much in its Petition. It acknowledges that the "Department of Justice recognizes that this Court is bound by Pitch" and that it "raises this argument due to the significance of the matter and to preserve it for any potential appeal." Pet. ¶ 6. In its Supplemental Briefing, the Government further recognizes that "Eleventh Circuit precedent holds that no exception outside those expressly enumerated under" Rule 6 "authorizes a court to publicly disclose grand jury materials." Supp. Br. at 3. Finally, the Government acknowledges that this Court cannot contravene binding Eleventh Circuit case law. Id. ("The [government also recognizes that, in this circuit, only an en bane decision or the Supreme Court may overrule that decision."). Consistent with Pitch and the Government's concessions, the request to disclose is denied.
+
+# 2. The Government's Request for Transfer to the Southern District of New York
+
+The Court denies the Government's request for transfer for two reasons. The Court concludes that the Government must argue a potentially valid exception for the Court to consider a request for transfer of the Petition to another district, which the Government has not done. The Court also concludes that, in the alternative, the applicable standard for a transfer of the Petition to another district is not met in this case.
+
+# a) The Petition is Not Eligible for Transfer Under Rule 6(e)(3)(G)
+
+"I he Government argues that its Petition is eligible for transfer to the New York Federal Proceedings under Rule 6(e)(3)(G). which states that "[i]f the petition to disclose arises out of a judicial proceeding in another district, the petitioned court must transfer the petition to the other court unless the petitioned court can reasonably determine whether disclosure is proper.- Supp. Br. at I. Transfer is proper here, the Government argues, because the Florida Federal Grand Jury Proceedings were merely grand jury investigations, whereas the New York Federal Proceedings resulted in an indictment and a criminal proceeding. Id. at 2-3. Therefore, the Government argues. "[t]he Southern District of New York can better assess the need for the release of transcripts resulting from those historic cases and the scope of necessary redactions based upon information already disseminated through the trial and public docket." Id.
+
+Based on the Court's review of Rule 6(eX3XG), the Government cannot invoke Rule 6 because it has not accompanied its request to transfer with an argument for a legally permissible disclosure exception. Stated differently, the Government must first argue that there is a valid ground to request a Rule 6(eX3XEXi) disclosure—disclosure authorized preliminarily to or in connection with a judicial proceeding. The Court reaches this conclusion based upon Rule 6(e)(3), the advisory committee notes, and the Supreme Court case that resulted in Rule 6(eX3)(G).
+
+The 1983 Advisory Committee Note explains that a potential Rule 6(eX3)(G) transfer "is currently governed by Douglas Oil and the authorities cited therein, and is best left to elaboration by future case law." Turning to Douglas Oil Co. of California v. Petrol Stops Northwest, the Supreme Court set forth the test for when a district court may authorize disclosure of grand jury transcripts "preliminarily to or in connection with a judicial proceeding":
+
+Parties seeking grand jury transcripts under Rule 6(e) must show [1] that the material they seek is needed to avoid a possible injustice in another judicial proceeding, [2] that the need for disclosure is greater than the need for continued secrecy, and that [3] their request is structured to cover only material so needed.
+
+441 U.S. 211,222 (1979). The Supreme Court noted, however, that it can be difficult for the petitioned court; to conduct the Douglas Oil balancing test because the petitioned court lacks special knowledge about the related judicial proceeding. Id. at 229-30. Therefore, the Supreme Court explained that the "better practice- in this circumstance would be for the petitioned court to conduct a written evaluation of the need for continued grand jury secrecy and then transfer the
+
+<sup>3</sup> Pursuant to Rule 6(cg3XF), la] petition to disclose a grand-jury matter under Rule 6(eX3XEXi) must be filed in the district where the grand jury convened."
+
+petition, requested materials, and evaluation to the court presiding over the related judicial proceeding. Id. at 230-31. The Supreme Court reasoned that the court overseeing the related judicial proceeding would have the required "special knowledge" of the underlying litigation and could therefore best "consider( J the requests for disclosure in light of the [transferring) court's evaluation of the need for continued grand jury secrecy." Id. at 231.
+
+This "better practice" articulated by the Suprcme Court was codified in the current Rule 6(e)(3)(G) governing transfer. Fed. R. Crim. P. 6 advisory committee's note to 1983 amendment; United States v. Lischewski, No. I8-CR-00203-EMC-1, 2023 WL 2600451, at \*5 (N.D. Cal. Mar. 22, 2023). The 1983 Committee Note highlights the connection between Rules 6(eX3)(E)(i) and 6(eX3XG), stating that "blinder the first sentence in new subdivision (eX3XE), the petitioner or any intervenor might seek to have the matter transferred to the federal district court where the judicial proceeding giving rise to the petition is pending."
+
+The Court reads Rule 6(eX3)(G) to require a Rule 6(eX3XE)(i) exception—that is, transfer of a petition to disclose made "preliminarily to or in connection with a judicial proceeding." See 2 Fed. Grand Jury § 18:10 (2d S.) ("Rules 6(eX3XF) and 6(e)(3)(G) combine to create a procedure that must be followed when seeking disclosure under Rule 6(e)(3XE)(i), i.e., for use preliminary to or in connection with a judicial proceeding."); see also In re Grand Jury Investigation, No. 18- GJ-00008 (BAH), 2019 WL 13160140, at \*3 (D.D.C. Oct. 30, 2019) (discussing the Rule (6XeX3)(G) transfer provision in the context of the Rule 6(e)(3)(E)(i) exception).
+
+The Government indirectly acknowledges the need for its transfer request to be accompanied with a Rule 6(eX3XE)(i) exception because it relies upon the language of Rule 6(e)(3)(F) as a basis for filing the Petition in this District. Supp. Br. at 2; Fed. R. Civ. P. 6(e)(3XF). Pursuant to its text, Rule 6(e)(3)(F) applies only when there is a basis for disclosure under Rule
+
+6(e)(3)(1.)(i), yet no argument exists in the Petition in support of a Rule 6(e)(3)(E)(i) exception. Instead, the Government's arguments concern only the public-interest-focused special circumstances justifying disclosure—circumstances not addressed in Rule 6(c)(3)(E).
+
+Because the Government does not seek disclosure under the Rule 6(e)(3)(E)(i) exception. and because the Government provides no argument as to why that exception should apply. the Government's request to transfer the Petition to the Southern District of New York pursuant to Rule 6(e)(3)(G) is denied.
+
+# b) The Legal Standard for a Rule 6(e)(3)(G) Transfer is Not Met
+
+In the alternative, even if the Government made an argument for an exception under Rule 6(e)(3)(E) that is recognized in this Circuit such that the Government could potentially seek a transfer under Rule 6(e)(3)(6), which the Government has not, Rule 6(e)(3)(G) states: -If the petition to disclose arises out of a judicial proceeding in another district, the petitioned court must transfer the petition to the other court unless the petitioned court can reasonably determine whether disclosure is proper." (emphasis added). The Government's request does not meet either standard.
+
+# Arising Out of a Judicial Proceeding
+
+The Government's request for transfer does not arise out of a judicial proceeding; the Government does not seek the disclosure of evidence for itself. Indeed, the Government provided the evidence sought to be unsealed with the Petition. Consistent with the fact that the Government does not need the evidence, it has not filed the Petition for the purpose of prosecuting' the New York Federal Proceedings—the trial-level proceedings concluded years ago. Similarly, the
+
+The evidence is similarly not sought for the purpose of aiding a parry's defense in the New York Federal Proceedings.
+
+Government has not filed the Petition because unsealing the evidence is necessary for the proper litigation of the New York Federal Proceedings.
+
+Instead, the specifics of the New York Federal Proceedings are absent from the Petition.5 This lack of information and discussion stands in stark contrast to cases where courts grant Rule 6(eX3XG) requests for transfer. For example, in Lischewski, plaintiffs in an MDI. asked a district court to unseal grand jury transcripts. 2023 WL 2600451, at \*1. Both the litigants and the court engaged in extensive discussion and analysis of the state of the litigation of the MDI., and how the transcripts would be used in the MDL. Id. at \*1—\*3. Because the district court had doubt about its ability to understand all of the nuances and history of the MDL, the district court transferred the petition to the MDL. Id. at \*8.
+
+At the root of cases such as Lischewski is the commonsense question to the movant: "Why do you need the evidence?" Based upon the answer, courts question whether they know enough about the destination court proceedings to rule. See Douglas Oil, 441 U.S. at 228. But in this Petition, the Government's request is not to assist with litigation in the New York Federal Proceedings. The Government wants the Petition to be granted so that it can release evidence to the public at large. The need to disclose renders the New York Federal Proceedings irrelevant. Such a circumstance strongly suggests that the Petition does not arise from the New York Federal Proceedings.
+
+Further, the text of the Petition sources the need for the Petition in the Government's recent public memorandum summarizing its investigation into Mr. Epstein. Pet. at I ("[T]he Department of Justice and Federal Bureau of Investigation issued a memorandum describing an internal review
+
+<sup>5</sup> The Government's briefing on the status of the New York Federal Proceedings is limited to informing the Court that it has filed what arc almost identical petitions in the Southern District of New York.
+
+of investigative holdings relating to Jeffrey Epstein."). Because that memorandum resulted in great public interest, the Government filed the instant Petition. Id. (-fIlhere has been extensive public interest in the basis for the Memorandum's conclusions."). As such, the request to unseal arises from the Government's internal investigation, from its public statements about that investigation. and from great public interest in the investigation, but it does not arise from the New York Federal Proceedings themselves. 'lie Government has not filed Petition in response to a pleading, objection. strategy. or ruling in the New York Federal Proceedings. and it does not state that it will use the unsealed evidence in furtherance of any case-related objective—the trial proceedings have concluded.
+
+## Whether the Court Can Determine if Disclosure is Prover
+
+This Court may transfer the Petition to another district only if it is unable to reasonably determine whether disclosure is proper. Fed. R. Civ. P. 6(e)(3)(G). By way of an example discussed above, the lischewski court transferred a petition to unseal to an MDL because the Lischewski court was uncertain it could appreciate all of the nuances and history of the MDL. In contrast to cases such as Lischewski, this Court has already determined that the disclosure sought in this ease would not be proper under clear Eleventh Circuit law; the Government has effectively conceded that the Court's hands arc tied, but the Government wishes to preserve the issue for a potential appeal. See Part I; Pct. at 4. Pursuant to Pitch and for all of the reasons set forth above. this Court can determine whether disclosure is proper—it is not. The Government's request to transfer is therefore denied for all of the reasons set forth above.
+
+### III. RULING
+
+For the foregoing reasons, it is hereby ORDERED AND ADJUDGED that the Petition is DENIED.
+
+It is FURTHER ORDERED that, as a matter of public interest, the Court directs the Clerk of Court to open a new miscellaneous case with the United States' Petition to Unseal Grand Jury Transcripts as the initiating document. The following filings and Orders shall be included: (I) the United States' Petition to Unseal Grand Jury Transcripts, filed on July 18, 2025; (2) the Court's Order Requiring Supplemental Briefing, issued on July 19, 2025; (3) the United States' Response to the Order on Supplemental Briefing, filed on July 20, 2025; and (4) this Order. Any transcripts or grand jury materials that have not been disclosed shall not be included on the docket.
+
+It is FURTHER ORDERED that, because the undersigned has been presiding over the United States' Petition to Unseal Grand Jury Transcripts that was filed as part of the grand jury docket, the case should be directly assigned to the undersigned.
+
+It is FURTHER ORDERED that, because the Government's Petition is denied, the Clerk of Court shall CLOSE THE CASE.
+
+DONE AND ORDERED in West Palm Beach. Florida, this 23rd day of July, 2025.
+
+> ROBIN L. ROSENB RG . UNITED STATES DISTRI JUDGE

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