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Planning for a Cover-Up in a House with Small Children and Other Stories of How Todd Blanche Is Helping a Sex Trafficker

CNN has a story about how Trump’s impeachment defense attorney, his criminal defense attorney, the flunkie who helped frame Hillary Clinton, and his Chief of Staff will go to JD Vance’s home — where he is raising three children under the age of 10 — to discuss how to make Donald Trump’s sex trafficking problem go away.

They apparently believe that Todd Blanche can hold his own in an interview with Joe Rogan, who has long smelled the rat in this cover-up.

The administration’s handling of the Epstein case, as well as the need to craft a unified response, is expected to be a main focus of the dinner, three sources familiar with the meeting told CNN. The meeting will include White House chief of staff Susie Wiles, Vice President JD Vance, Attorney General Pam Bondi, FBI Director Kash Patel and Blanche.

With the exception of Vance, the White House considers those officials the leaders of the administration’s ongoing strategy regarding the Epstein files, two of the sources said.

The meeting comes as Trump’s administration is considering releasing the contents of Blanche’s interview last month with Maxwell. Two officials told CNN that the materials could be made public as early as this week.

There have also been internal discussions about Blanche holding a press conference or doing a high-profile interview, possibly with popular podcaster Joe Rogan, according to three people familiar with the discussions, though those conversations are preliminary. Rogan, who endorsed Trump on the eve of last fall’s election, has been highly critical of the Trump administration’s handling of the Epstein case and previously called their refusal release more information about Epstein a “line in the sand.”

To be fair to Blanche, though, he has managed to serve his client, and convicted sex trafficker Ghislaine Maxwell, well so far.

Yesterday, Maxwell’s attorney, David Markus, submitted his — well-justified — opposition to releasing the grand jury materials for Ghislaine Maxwell’s case, the ones that would feature a broad swath of victims. He as much as conceded that this might have provided a way to review the grand jury files (another benefit Blanche tried to offer), but now that Judge Paul Engelmeyer denied that request, he’s opposed to the unsealing request.

Although the government did not oppose allowing the defense to review the grand jury material to assess whether to object to its release, the Court denied that request. As a result, Ghislaine Maxwell has not seen the material and cannot take an informed position. Given that she is actively litigating her case and does not know what is in the grand jury record, she has no choice but to respectfully oppose the government’s motion to unseal it.

Maxwell’s opposition is likely enough, by itself, to rule against release of the Maxwell transcripts, which would include far more detail than Epstein’s would.

Little noticed is the line in the DOJ filing describing DOJ telling third parties — not victims — if they appear in the grand jury transcripts.

In addition, the Government is in the process of providing notice to any other individuals identified in the transcripts.

Meanwhile, DOJ confessed yesterday that they have still not notified all the victims identified in the transcripts, and only just started to notify the victims covered under the relevant victim notification law.

Seventh, regarding the Government’s approach to victim notification of the instant proceedings, as noted in its July 29 submission, the Government has provided notice of the unsealing motions to all but one of the victims who are referenced in the grand jury transcripts at issue in the motions. The Government still has been unable to contact that remaining victim. With respect to victims who are not identified in the grand jury transcripts but who have previously received victim notifications in the Maxwell and Epstein matters, the Government will over the coming days alert those victims to the fact of the unsealing motions.

That letter was posted the same day as this letter from Brad Edwards, who likely represents the largest number of known victims. He accuses the government of violating the Crime Victims’ Rights Act generally, as well as losing track of some victims who are likely implicated in the Epstein and Maxwell grand juries but only came to be represented by Edwards after their testimony. He describes that “yesterday” (that is, Monday), he contacted the government about the other victims and they responded, which suggests this newfound focus on other victims is a response to Edwards’ efforts.

Given our history fighting for the enforcement of the CVRA on behalf of Jeffrey Epstein’s many victims, we were quite surprised to learn that the government sought the unsealing of grand jury materials before this Court without first conferring with the victims or their counsel, a step required by the CVRA and reinforced by Doe v. United States, 08-80736 (S.D. Fla.). That case, litigated pro bono by undersigned counsel for more than a decade, arose precisely because the government previously violated the rights of many of these very same victims. It is especially troubling that, despite the outcome of that litigation, the government has once again proceeded in a manner that disregards the victims’ rights—suggesting that the hard-learned lessons of the past have not taken hold. This omission reinforces the perception that the victims are, at best, an afterthought to the current administration.

Of significant concern, the same government that failed to provide notice to the victims before moving this Court to unseal the grand jury materials is now the government representing to this Court that it has provided appropriate notice to the victims or their counsel and has conducted a proper review and redaction of the materials it seeks to release. Several clients have contacted us expressing deep anxiety over whether the redactions were in fact adequate. Consequently, we requested yesterday that the government identify which of our clients were referenced to the grand jury. The government responded promptly and provided clarification. However, we have strong reason to believe that additional individuals—whom we also represent—were likely referenced in those materials but were not identified to us by the government.

It remains unclear whether notice was instead provided to prior counsel, whether their omission was a government oversight, whether the government does not consider them to be victims, or whether these individuals were, in fact, not mentioned to the grand jury. Regardless of the explanation, this ambiguity raises a serious issue that must be resolved before any materials are publicly released. [my emphasis]

You know who wouldn’t have fucked up this process? The prosecutor Pam Bondi fired on Trump’s authority just as this cover-up began, Maurene Comey.

The asymmetric treatment is pissing off the victims. Annie Farmer’s attorney describes that the intent to redact third party names “smacks of a cover up.”

Any effort to redact third party names smacks of a cover up. The Government does not elaborate on what protocol it is using to redact other “third party” names or which types of individuals it seeks to protect in this way. To the extent the Government for some reason seeks to redact the names of other Epstein and Maxwell affiliates on the basis that these individuals “neither have been charged or alleged to be involved” in their crimes, the Court should exercise its independent authority to ensure that any redactions are tailored to serve compelling interests. See generally Brown v. Maxwell, 929 F.3d 41, 50 (2d Cir. 2019) (even if materials are not considered judicial documents to which a presumption of public access applies, “a court must still articulate specific and substantial reasons for sealing such material”).

I have a feeling Judge Richard Berman (who has been posting victim letters as they come in) will not take kindly to a grand jury unsealing in which people like Donald Trump and Prince Andrew get notice, but the victims do not.

This may change as Congress gets involved. Perhaps in an attempt to stave off the Massie-Khanna bid for true transparency that will ripen over the August recess, James Comer announced a bunch of subpoenas for people not named Alex Acosta or Donald Trump.

Oversight Chair James Comer (R-Ky.) announced that he was summoning nearly a dozen former officials to appear for depositions on the Epstein investigation — a list that includes former President Bill Clinton and former Secretary of State Hillary Clinton.

Former U.S. Attorneys General William Barr, Alberto Gonzales, Jeff Sessions, Loretta Lynch, Eric Holder and Merrick Garland, as well as former FBI Directors Robert Mueller and James Comey were also tapped to give testimony in connection to the case.

Comer was required to send the subpoenas after a Democratic-led subcommittee vote in July.

The move is the latest in a broader battle over the Epstein files, which took the Trump administration by storm last month as anger boiled over from within MAGA circles about the administration’s handling of the case.

The committee’s subpoena of Bill Clinton in particular seems more symbolic than substantive. No former president has ever testified to Congress under the compulsion of a subpoena — and lawmakers have tried only twice before: once in 1953, when the House Un-American Activities Committee subpoenaed Harry Truman, and once in 2022, when the Jan. 6 select committee subpoenaed Donald Trump.

While this is the rare Epstein development that Fox has covered, there’s so much about this request that reeks of a cover-up it may well backfire.

But as Lisa Rubin describes, there’s also a subpoena to DOJ — the price of the Clinton testimony — that does make demands that would, among other things, cover the transcript of the Ghislaine Maxwell interview.

By ABC’s description, Blanche got Ghislaine to perform like a trained seal, asking her to describe what he did in her presence, but not asking her about what he did when he learned she had “stolen” one of Trump’s spa girls and forced her into sex slavery.

During her nine hours speaking with Deputy Attorney General Todd Blanche last month, Ghislaine Maxwell said nothing during the interview that would be harmful to President Donald Trump, telling Blanche that Trump had never done anything in her presence that would have caused concern, according to sources familiar with what Maxwell said.

The Trump administration, meanwhile, is considering publicly releasing the transcripts from the interview, multiple sources familiar with the internal discussions told ABC News.

There are a lot of moving parts.

Including Ghislaine, to her new cozier digs, where the other inmates, including one whose daughter was trafficked, are already expressing disgust that Todd Blanche put a sex trafficker among their midst.

Julie Howell, 44, who is serving a one-year sentence for theft, told The Telegraph that “every inmate I’ve heard from is upset she’s here”.

“This facility is supposed to house non-violent offenders,” she added. “Human trafficking is a violent crime.”

[snip]

Inmates at FPC Bryan are worried about their own safety, given the widespread threats against Maxwell and lack of tight security on the prison grounds.

Howell said: “We have heard there are threats against her life and many of us are worried about our own safety because she’s here.”

Her comments will only fuel concern that could be targeted at the facility, preventing her testimony about Epstein from ever seeing the light of day.

Maxwell was allegedly moved under the cover of darkness because she had been “bombarded” with death threats from rapists who accused her of being a “snitch”, according to the Mail on Sunday.

Multiple outlets, including that CNN story, report that Trump’s close advisors think they’ve weathered this crisis because their mobsters — people like Charlie Kirk and Benny Johnson — have been distracted by other things.

One official told CNN that some of the conversation within the White House has focused on whether making the details from the interview public would bring the Epstein controversy back to the surface. Many officials close to Trump believe the story has largely died down.

We shall see.

As I wrote here, Trump and Blanche have the power to silence Maxwell, if the rapists calling her a snitch don’t get to her first.

But the moving parts and sheer cynicism of the cover-up may backfire.

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Trump Might Pardon the Sex Trafficker Who “Stole” His Spa Girls and Other Details of the Cover-Up

Much of the traditional press (though not Chris Hayes) has missed the significance of Trump’s confession yesterday that Virginia Giuffre — recruited from Trump’s spa when she was 16 or 17 — was one of the girls that he says Jeffrey Epstein “stole.”

Reporter 1: I’m just curious. Were some of the workers that were taken from you — were some of them young women?

Trump: Were some of them?

Reporter 1: Were some of them young women?

Trump: Well, I don’t wanna say, but everyone knows the people that were taken. It was, the concept of taking people that work for me is bad. But that story’s been pretty well out there. And the answer is, yes, they were.

[inaudible]

Trump: In the spa. People that work in the spa. I have a great spa, one of the best spas in the world at Mar-a-Lago. And people were taken out of the spa. Hired. By him. In other words, gone. And um, other people would come and complain. This guy is taking people from the spa. I didn’t know that. And then when I heard about it I told him, I said, listen, we don’t want you taking our people, whether they were spa or not spa. I don’t want him taking people. And he was fine and then not too long after that he did it again and I said Out of here.

Reporter 2: Mr. President, did one of those stolen persons, did that include Virginia Giuffre?

Trump: Uh, I don’t know. I think she worked at the spa. I think so. I think that was one of the people, yeah. He stole her. And by the way, she had no complaints about us, as you know. None whatsoever.

Many, for example are forgetting what Trump said the day before: Epstein “stole” one of Trump’s girls, Trump told him to stop, and Epstein did it again.

What caused the breach with him? Very easy to explain. But I don’t want to waste your time by explaining it. But for years I wouldn’t talk to Jeffrey Epstein. I wouldn’t talk. Because he did something that was inappropriate. He hired help. And I said, don’t ever do that again. He stole people that worked for me. I said, don’t ever do that again. He did it again. And I threw him out of the place. Persona non grata. I threw him out. And that was it.

To tell Epstein to stop doing something, Trump would have had to have known he was doing something.

And the “it” is made much more clear by what “the Mar-a-Lago” told Page Six in 2007, even before Epstein had signed the sweetheart non-prosecution agreement.

Meanwhile, the Mar-a-Lago Club in Palm Beach last night confirmed a Web site report that Epstein has been banned there. “He would use the spa to try to procure girls. But one of them, a masseuse about 18 years old, he tried to get her to do things,” a source told us. “Her father found out about it and went absolutely ape-[bleep]. Epstein’s not allowed back.” Epstein denies he is banned from Mar-a-Lago and says, in fact, he was recently invited to an event there.

Before the full extent of Epstein’s abuse was public, someone at Mar-a-Lago wanted to make it clear that when Epstein did “procure girls … he tried to get her to do things.”

This member’s daughter who was “about 18,” was at least the second girl Trump learned about.

The first (or who knows? maybe she wasn’t the first!) was Giuffre.

The second (at least) was the member’s daughter.

Having now confirmed that Giuffre was among the “girls” Epstein would try to “procure” from Trump’s spa, it makes both Trump’s public acknowledgement to New York Magazine (two years after Ghislaine Maxwell “stole” Giuffre) that Epstein liked his so-called women “on the younger side” and the smutty letter sent a few months later reflected knowledge that Epstein was fucking girls.

“Voice Over: There must be more to life than having everything,” the note began.

Donald: Yes, there is, but I won’t tell you what it is.

Jeffrey: Nor will I, since I also know what it is. 

Donald: We have certain things in common, Jeffrey. 

Jeffrey: Yes, we do, come to think of it. 

Donald: Enigmas never age, have you noticed that? 

Jeffrey: As a matter of fact, it was clear to me the last time I saw you. 

Donald: A pal is a wonderful thing. Happy Birthday — and may every day be another wonderful secret.

Not just any girls, but his girls. Trump’s girls, from his spa.

And Trump is so furious that Ghislaine Maxwell stole girls from his spa that he’s saying the same thing about a pardon for her that he said about pardons for Paul Manafort and Roger Stone before he rewarded for their lies about him, that he won’t rule it out.

By all appearances, Trump will pardon the woman who stole his girls. That’s how furious he is that she groomed at least two of his girls and tried — successfully in Giuffre’s case — to turn her into a sex slave.

Meanwhile, now that Trump has placated much of the press, the cover-up continues apace. In a letter David Markus sent to James Comer (but not Oversight Ranking Member Robert Garcia — Markus was leaving nothing to chance) he said that Ghislaine would only testify to the House Oversight Committee if she:

  • Got formal immunity
  • Got the questions in advance
  • After she tests her luck with SCOTUS (in which case she won’t need to spill secrets to get out of prison)
  • If she gets clemency for the things she’ll say

In other words, she’ll only testify if that’s the only way she can leverage what she knows.

Comer immediately declined, meaning Trump faces no risk that Ghislaine’s silence will disrupt the cover-up.

Meanwhile, Pam Bondi, Todd Blanche, and Jay Clayton (but not even the AUSA who filed an appearance) have confessed that they are engaged in a headfake. Their response to Richard Berman and Paul Engelmeyer  falsely claims that the interest in these transcripts arose from the memo Pam Bondi released and not the inflammatory comments and promises Bondi, Kash Patel, and Dan Bongino made.

Attention given to the Epstein and Maxwell cases has recently intensified in the wake of the July 6, 2025 Memorandum announcing the conclusions of the Government’s review into the investigation

They minimize the concerns about victim testimony because just two people testified.

Here, there was one witness—an FBI agent—during the Epstein grand jury proceedings. There were two witnesses—the same FBI agent from the Epstein grand jury proceedings and a detective with the NYPD who was a Task Force Officer with the FBI’s Child Exploitation and Human Trafficking Task Force—during the Maxwell grand jury proceedings.

Both witnesses are still alive; the FBI agent continues to be an agent with the FBI, and the Detective continues to be a Detective with the NYPD as well as a Task Force Officer.

Consistent with applicable rules concerning the admissibility of hearsay testimony, the grand jury witnesses described statements of others, including statements of and concerning victims, many of whom are still alive.

They admit they’ll redact the names of the third parties who enabled Epstein (which they wouldn’t necessarily have to do if they released the files in their custody).

[T]he grand jury transcripts contain victim-related and other personal identifying information related to third parties who neither have been charged or alleged to be involved in the crimes with which Epstein and Maxwell were charged, to which the Government is sensitive, and which is why the Government proposes redacting the transcripts before releasing them.

But they are providing notice to those people.

 In addition, the Government is in the process of providing notice to any other individuals identified in the transcripts.

They appear to suggest that they’re not providing all the grand jury transcripts to the judges — just the underlying material.

The Court directed the Government to submit: (1) indices of Epstein and Maxwell grand jury materials, including a brief summary, the number of pages, and dates; (2) a complete set of the Epstein and Maxwell grand jury transcripts; (3) a complete proposed redacted set of the Epstein and Maxwell grand jury transcripts; and (4) a description of any other Epstein and Maxwell grand jury materials, including, but not limited to, exhibits. (Epstein Dkt. 63 at 3; Maxwell Dkt. 789 at 3). As to the final category, the Government provides a description of all of the underlying materials presented to the grand jury as well as copies of, and proposed redactions to, certain materials presented to the grand jury. [my emphasis]

They definitely don’t answer a question both judges asked: whether DOJ had asked the victims before filing this response.

The Court also directed the Government to state whether, “before filing the instant motion, counsel for the Government reviewed the Maxwell grand jury transcripts and whether the Government provided notice to the victims of the motion to unseal,”

[snip]

In addition, the Government has now provided notice to all but one of the victims who are referenced in the grand jury transcripts at issue in this motion. The Government has attempted to contact the remaining victim, but such efforts have been unsuccessful. In addition, the Government is in the process of providing notice to any other individuals identified in the transcripts.

Having not done that (and not yet spoken to one of the victims), they ask for a chance to respond to the victims’ comments about this ploy — which they should have asked about before they started it — after they file sealed responses.

[T]he Government also respectfully requests leave to file a supplemental submission once the Government and the Court have received any filings from the victims or others referenced in the transcripts.

The only thing this exercise is “transparency” has done so far is to share grand jury information with people implicated, but not charged, in Epstein’s actions.

Note, one person specifically implicated in Epstein’s crimes is Prince Andrew. To the extent he was investigated and possibly even charged under seal — which is the most obvious explanation for why he wouldn’t travel — the DOJ letter would create the appearance of a clean bill of health. But it could be buried in a different grand jury and we’d never even know.

Update: This is a very good CNN piece, including a long focus on how hard this is on the victims.

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Todd Blanche’s Unsealing Request in Florida Was Designed to Fail

I know, right? Todd Blanche’s unsealing request in SDNY is also designed to fail.

But I want to look at how the denial went down in SDFL. Not only did Judge Robin Rosenberg make sure to get DOJ to reaffirm it knew it was asking her to do something it could not do, but she made a point of saying that the request to unseal two grand jury dockets — one from 2007, the year of the Jeffrey Epstein plea deal — is not related to the SDNY dockets, because DOJ is not conducting any investigation in those SDNY dockets.

The original request acknowledges this won’t work

Blanche’s original request to unseal — he names two grand juries, one (05-02) before the Alex Acosta plea deal and one (07-103) the same year — differs from the SDNY ones in several ways.

First, SDFL’s US Attorney, Hayden O’Byrne, signed and filed the court filings. Blanche adds language to say that DOJ would work with SDFL to make redactions of victim-related information if the grand jury transcripts were released.

Second, Blanche acknowledges that he’s requesting transcripts “associated with grand jury investigations,” as opposed to indictments.

Third, Blanche includes a paragraph noting that under 11th Circuit precedent, SDFL can’t release grand jury transcripts.

The Department of Justice recognizes that this Court is bound by Pitch v. United States [citation omitted] (district courts lack inherent, supervisory power to authorize the disclosure of grand jury records outside of exceptions enumerated in Rule 6(a)(3)). Nevertheless, the Department raises this argument due to the significance of the matter and to preserve it for any potential appeal.

Pitch is a 2020 decision in which the 11th Circuit rejected a historian’s effort to unseal grand jury transcripts about the investigation into a 1946 lynching, during a period when J. Edgar Hoover was reluctant to bring cases on lynching.

Judge Rosenberg asks how Blanche thinks this could work

In response, Judge Robin Rosenberg (an Obama appointee) instructs DOJ to clarify a few things. First, she asks whether DOJ thinks this request falls under any of the exceptions under Pitch, that 11th Circuit precedent.

The 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. [citation omitted]

It is unclear from the Petition whether the government is arguing that any of the five exceptions applies to its request.

[snip]

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 same.

She then asks whether there’s any reason to believe that a grand juries from 2005 and 2007 arose out of the one in SDNY, which is the only way she could transfer it.

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.

[snip]

Alternatively, if, under applicable law, there is no legal basis to transfer the Petition, the Government should clearly state the same.

Basically, Rosenberg was just forcing the government to concede that they were asking her to do something she could not.

SDFL attempts to claim Rosenberg has the authority

The response from SDFL (it’s not clear who is behind this response; O’Byrne signed it with an electronic signature) answers Rosenberg’s questions in reverse. First, SDFL claims that Rosenberg should transfer the case, because the petition arises out of those much later indictments.

This Petition to Disclose (filed 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 [citation omitted], and the subsequent federal criminal indictment, trial, and conviction of Ghislaine Maxwell in the Southern District of New York [citation omitted]. Indeed, the relief sought in this petition is ancillary to the relief sought in those cases.

Then, SDFL answers Rosenberg’s first question — conceding she has no authority to release the grand jury materials, but then citing irrelevant precedent claiming she could anyway.

Consistent with its petition, the government recognizes the Eleventh Circuit precedent holds that no exception outside those expressly enumerated under Criminal Rule 6(e)(3) authorizes a court to publicly disclosure grand jury materials. [citation to Pitch omitted] The government also recognizes that, in this circuit, only an en banc decision or the Supreme Court may overrule that decision.

That said, decisions from other circuits support public disclosure of grand jury materials under “special circumstances,” including when a matter possess historical interest by the public.

Rosenberg notes that the New York proceeding is irrelevant

After reviewing the posture of the case, Rosenberg responds in the same order she posed the question. She notes that the exceptions SDFL cited are not among those under which she would have the authority under Eleventh Circuit precedent to release the transcripts.

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 Jeffrey 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.”

[snip]

Contrary to the Government’s stated basis and the Second and Seventh Circuits,1 the Eleventh Circuit has directly held that a district court “do[es] not possess … the power to order the release of grand jury records not covered by Rule 6(e)(3)(E).

[snip]

The government does not assert that disclosure is appropriate under any exception in Rule 6(e)(3)(E).

[snip]

The Government concedes as much in its Petition.

1. 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 Court of Appeals.

I assume Rosenberg provided that elementary language about precedent for readers who don’t know how this works, but I can’t help but hear some scolding at DOJ for trying to confuse the issue.

She then denies the request to transfer the case, in significant part because Blanche is not asking to transfer the grand jury proceedings to support an ongoing investigation in SDNY.

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 prosecution4 the New York Federal Proceedings — the trial-level proceedings concluded years ago. Similarly, the Government has not filed the Petition because unsealing the evidence is necessary for the proper litigation of the New York Federal Proceedings.

[snip]

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 1 (“[T]he Department of Justice and Federal Bureau of Investigation issued a memorandum describing an internal [sic exhaustive] review undertaken of investigative holdings relating to Jeffrey Epstein.”) Because that memorandum resulted in great public interest, the Government filed the instant Petition. Id. {[T]here 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. The Government has not filed the Petition in response to a pleading, objecting, 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.

And with that, she denied the request and ordered that this case “should be directly assigned to the undersigned,” just in case anyone else in the District tried to poach the case, I guess.

At one level, I think by forcing the secondary briefing, Rosenberg forced DOJ to concede that they knew they were making a request she had to reject. She’s not going to take the fall for this.

More interesting, though, is that second grand jury, the one from the same year that Epstein signed a plea deal eliminating any possibility of further charges for him or his co-conspirators (including Ghislaine Maxwell) in SDFL. Todd Blanche is claiming that it pertains to Jeffrey Epstein personally. I’m not sure whether it does or not.

Update: Per the Office of Professional Responsibility summary of the Alex Acosta investigation, there was a 60-count indictment in SDFL in May 2007. It’s possible the prosecutor needed to get a second grand jury after the first expired. Or it could be something else.

In May 2007, the AUSA submitted to her supervisors a draft 60-count indictment outlining charges against Epstein. She also provided a lengthy memorandum summarizing the evidence she had assembled in support of the charges and addressing the legal issues related to the proposed charges.

Update: I failed to note that Seamus Hughes found this docket.

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Judge Richard Berman Had to Remind Todd Blanche to Think of Jeffrey Epstein’s Victims

In response to his motions to unseal grand jury testimony in the Epstein and Maxwell dockets, Judges Richard Berman and Paul Engelmayer (who got the case on reassignment from Alison Nathan, who is now at Second Circuit) gave Blanche a homework assignment.

[T]he Court cannot rule on the motion without additional submissions.

[snip]

The Second Circuit has identified the following as a non-exhaustive list of factors for district courts to weigh in considering applications for disclosure:

  • the identity of the party seeking disclosure;
  • whether the defendant to the grand jury proceeding or the Government opposes the disclosure;
  • why disclosure is being sought in the particular case;
  • what specific information is being sought for disclosure;
  • the current status of the principals of the grand jury proceedings and that of their families;
  • the extent to which the desired material — either permissibly or impermissibly — has been previously made public;
  • whether witnesses to the grand jury proceedings who might be affected by the disclosure are still alive; and
  • [whether there is an] additional need for maintaining secrecy in the particular case in question.

The letters are largely identical. They both ask, for example, whether Blanche bothered to notify the victims.

The Court also directs the Government to state in the memorandum whether, before filing the instant motion, counsel for the Government reviewed the [Epstein/Maxwell] grand jury transcripts and whether the Government provided notice to the victims of the motion to unseal.

Berman, who had this to say at the hearing on dismissing the indictment against Epstein, added one detail.

The victims have been included in the proceeding today both because of their relevant experiences and because they should always be involved before rather than after the fact.

In his unsealing memo, Blanche cited the DOJ/FBI memo attempting to shut all this down, focusing on whether there was evidence to predicate a case.

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”).1 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.

1. https://www.justice.gov/opa/media/1407001/dl?inline.

It took Judge Berman, in his paragraph instructing victims to weigh in by August 5, to also mention the later reference in the DOJ/FBI letter”

See Gov’t Motion at 1 n.1. (This is a 2 page, undated, unsigned U.S. Department of Justice and Federal bureau of Investigation memo. According to the Government, “Epstein harmed over one thousand victims. Each suffered unique trauma. Sensitive information relating to these victims is intertwined throughout the materials. This includes specific details such as victim names and likenesses, physical descriptions, places of birth, associates, and employment history.”)

Todd Blanche — the President’s defense attorney — was focused on declaring uncharged third parties free of criminal liability. Berman had to remind him that DOJ claimed this is about victims.

A SDNY AUSA, Jeffrey Oestericher, who is representing the government in some of the high profile immigration cases, has joined these dockets. Sadly, Blanche won’t have to do this homework assignment himself. Because I bet that after firing Maurene Comey, it will take some time to do the victim notification that DOJ did not do.

Remember, too, that Blanche said he was making a similar request in SDFL, but thus far it has not been identified yet. For all we know Aileen Cannon could be intervening here without public notice!

Incidentally, the 2019 transcript is worth perusing for the victims’ statements, as well as the way that Comey spoke of the victims and vice versa.

I would also like to note that, as the government has previously mentioned, this dismissal in no way lessens the government’s resolve to stand up for the victims in this case, both those who have come forward and those who have yet to do so. We agree with your Honor’s sentiment that those victims should be respected, and we appreciate your Honor’s recognition of that.

[snip]

[Brad Edwards] And on behalf of all of victims, I would like to thank your Honor for the fairness with which they’ve been treated, and the United States Attorney’s office for the way in which you have handled this investigation, and especially how you have treated the victims in this case.

[snip]

[David Boies] I want to, as prior counsel have, commend both the Court and counsel for the Department of Justice for the consideration and respect and attention that they have paid to the victims. We believe that that is not only right, as a matter of human dignity, but we think that is exactly what the law requires and intends.

Update: This, from Lawrence O’Donnell, notes that the only one Trump has said anything nice about was Ghislaine Maxwell.

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Trump’s Defense Attorney Todd Blanche Will Meet with Sex Trafficker Ghislaine Maxwell to Make a Deal for His Client

Trump Defense Attorney Todd Blanche and Pam Bondi just announced that Blanche will meet with Ghislaine Maxwell and discuss potential cooperation deals with her.

Statement from @DAGToddBlanche: This Department of Justice does not shy away from uncomfortable truths, nor from the responsibility to pursue justice wherever the facts may lead.  The joint statement by the DOJ and FBI of July 6 remains as accurate today as it was when it was written.  Namely, that in the recent thorough review of the files maintained by the FBI in the Epstein case, no evidence was uncovered that could predicate an investigation against uncharged third parties.  President Trump has told us to release all credible evidence. If Ghislane Maxwell has information about anyone who has committed crimes against victims, the FBI and the DOJ will hear what she has to say.   Therefore, at the direction of Attorney General Bondi, I have communicated with counsel for Ms. Maxwell to determine whether she would be willing to speak with prosecutors from the Department.  I anticipate meeting with Ms. Maxwell in the coming days.  Until now, no administration on behalf of the Department had inquired about her willingness to meet with the government.  That changes now.

Justice demands courage. For the first time, the Department of Justice is reaching out to Ghislaine Maxwell to ask: what do you know? At @AGPamBondi’s direction, I’ve contacted her counsel. I intend to meet with her soon. No one is above the law—and no lead is off-limits.

So here’s what happened.

Maxwell delayed her appeal to SCOTUS until after the inauguration. Trump’s DOJ twice delayed the decision whether they were going to defend the appeal, finally filing their response on Monday.

That day, Maxwell’s defense attorney, David Markus, insinuated that Trump was reneging on a deal.

In a statement Monday, an attorney for Maxwell hinted at the swirling controversy surrounding the Trump administration’s decision not to release any further records related to investigations of Epstein.

“I’d be surprised if President Trump knew his lawyers were asking the Supreme Court to let the government break a deal. He’s the ultimate dealmaker—and I’m sure he’d agree that when the United States gives its word, it should keep it. With all the talk about who’s being prosecuted and who isn’t, it’s especially unfair that Ghislaine Maxwell remains in prison based on a promise the government made and broke,” wrote David Oscar Markus.

The next day, Tuesday, WSJ moved forward with a story implicating Trump in “daily secrets” with Jeffrey Epstein.

The following day, Wednesday, Pam Bondi fired Maurene Comey, the prosecutor who would be competent to assess any cooperation offered from Maxwell.

Friday, in a false show of transparency, Todd Blanche (filing under his defense attorney identity) moved to unseal grand jury transcripts that DOJ has in a form it could release immediately.

Meanwhile, Trump’s DNI Tulsi Gabbard created a false diversion to distract his rubes.

Yesterday, the Speaker of the House ceded his majority for a week to give Trump “space” to cover up his pedophile problem.

My belief is we need the administration to have the space to do what it is doing,

And today, Trump’s Defense Attorney Todd Blanche announces he will meet with Maxwell soon to make the kind of deal that could excuse releasing her early. Probably, he’ll ask her to implicate someone like Bill Clinton.

Absent that deal, it seems clear, the WSJ will continue to publish stories implicating the President in Jeffrey Epstein’s sex trafficking.

Update: Markus, in his Tweet about the deal, does Trump a real solid by suggesting Trump is taking action to “uncover the truth.”

I can confirm that we are in discussions with the government and that Ghislaine will always testify truthfully. We are grateful to President Trump for his commitment to uncovering the truth in this case.” David Oscar Markus We have no other comment at this time.

Update: Oversight just agreed to subpoena Maxwell for a deposition in a voice vote. This could complicate Blanche’s plans.

Timeline:

February 16, 2017: Alex Acosta nominated Secretary of Labor.

July 2, 2019: Jeffrey Epstein indicted.

July 12, 2019: Alex Acosta resigns.

August 10, 2019: Epstein dies by suicide.

June 20, 2020: Geoffrey Berman fired.

June 29, 2020: Ghislaine Maxwell indicted.

March 29, 2021: Superseding indictment.

November 16, 2021: Jury selection begins.

December 29, 2021: Maxwell convicted on 5 of 6 counts.

February 28, 2023: Maxwell appeals.

September 17, 2024: Second Circuit rejects appeal.

January 15, 2025: Maxwell delays appeal.

February 10, 2025: Dan Bongino promises he’ll never let Epstein story go.

February 21, 2025: Pam Bondi claims Epstein client list is on her desk.

February 27, 2025: Bondi orchestrates re-release of previously released Epstein files.

March 4, 2025: James Dennehy forced to retire.

March 14, 2025: Pam Bondi conducts emergency review of Epstein and Maxwell documents.

April 10, 2025: Maxwell files cert petition.

April 25, 2025: Virginia Giuffre dies by suicide.

May 7, 2025: John Sauer delays response; Bondi claims there are thousands of videos.

May 18, 2025: Kash Patel and Dan Bongino affirm that Epstein killed himself.

May 22, 2025: Epstein prison video created.

June 6, 2025: John Sauer delays response.

July 7, 2025: Pam Bondi claims there’s no there there.

July 8, 2025: Trump loses it over questions about Epstein.

July 12, 2025: Trump attempts to claim Epstein is a Democratic plot.

July 14, 2025: DOJ defends Maxwell prosecution; David Markus suggests Trump is reneging on a deal.

July 15, 2025: WSJ interviews Trump about Epstein book.

July 16, 2025: Pam Bondi fires Maurene Comey, on Trump’s personal authority.

July 17, 2025: Trump yells at supporters who won’t move on from Epstein. WSJ publishes story.

July 18, 2025: Todd Blanche files to unseal grand jury materials; Trump sues WSJ.

July 21, 2025: Mike Johnson dodges week of work to give Trump “space” to fix his Epstein problem.

July 22, 2025: Blanche announces he’ll meet with Maxwell; Oversight votes to subpoena Maxwell for deposition.

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Why Is Todd Blanche Risking the Conviction of a Sex Trafficker Rather Than Use Fruits of Already-Completed Review?

As I’ve mentioned, Todd Blanche was in such a rush to ask a judge to unseal Jeffrey Epstein grand jury files that he didn’t update his SDNY filing profile first. As a result, his request to unseal grand jury records was filed under the identity he had when formally serving as Donald Trump’s defense attorney: Todd Blanche, Blanche Law, a firm set up exclusively to serve Trump.

In his request to unseal the files, Blanche waves away the concern that unsealing these files should wait until Ghislaine Maxwell’s appeal has been exhausted.

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.

As Josh Gerstein noted, in a filing submitted in a FOIA lawsuit last year, Maurene Comey described at great length the risks posed by releasing files before Maxwell’s appeals are exhausted.

12. As noted above, the Maxwell criminal prosecution is still pending on appeal. If the Second Circuit grants Maxwell the relief she seeks, there could be a new trial. Therefore, public disclosure of the FBI’s records relating to the investigation and prosecution of Epstein that were withheld in full or in part under Exemption 7(A) could reasonably be expected to interfere with the pending prosecution of Maxwell.

[snip]

14. Public disclosure of the first category of records, identified in the First Seidel Declaration as Evidentiary/Investigative Materials, could reasonably be expected to interfere with the pending prosecution of Maxwell. As noted in paragraphs 61 through 63 of the First Seidel Declaration, this first category includes copies of records or evidence, analysis of that evidence, and derivative communications summarizing or otherwise referencing evidence. Those records or evidence include, among other things: business records (for example, phone records, travel records, financial records, and shipping records) gathered during criminal investigations, including through the service of grand jury subpoenas, and analysis of those records; documents and evidence provided by witnesses to law enforcement; documents regarding witness background information (for example, criminal history records, medical records, employment records, social media records, and educational records); reports, notes, or transcripts of witness statements; and communications with and about witnesses. The documents contained in this category include confidential witness statements from dozens of witnesses, and the discussion of evidence among members of law enforcement. The release of these records to the public risks the following harms to the pending prosecution of Maxwell:

a. Impact on Witness Testimony: Premature disclosure of the business records and witness statements within this category (including disclosure of analysis and summaries of those materials) could reasonably be expected to influence potential witnesses’ testimony at trial. These records include details that are not publicly known or known to other witnesses, and include information and documents authored by and about potential witnesses. Because the majority of the records in this category were not introduced as public exhibits during Maxwell’s first trial, they remain non-public, though the Government may still seek to introduce them should Maxwell be granted a retrial. The premature release of these materials could influence the testimony of witnesses by providing the opportunity for witnesses to shape their testimony to conform with other evidence gathered during the investigation, including both records and witness statements. For example, witnesses may shade their testimony to match the descriptions of events and places given by other witnesses about whom they might not otherwise know, or witnesses may shade their testimony to match the timing of travel, financial transactions, phone calls, and/or shipments reflected in the records. In order to preserve the independent integrity of its witnesses’ testimony, the Government has worked to ensure that its witnesses are not exposed to other parts of its investigative file, the accounts of other witnesses, or the full scope of exhibits it may offer at a retrial. The release of these materials would undermine the Government’s efforts to present witness testimony that is uninfluenced by exposure to other evidence in the case and can therefore be independently corroborated by other witness accounts and exhibits at trial. Additionally, premature release of witness statements and background materials in this category could prevent the Government from effectively questioning witnesses in a manner that would allow jurors to assess their credibility because the witnesses may have already viewed records that counsel may use for impeachment purposes, including witness background materials, witness statements, and business records that might contradict witnesses’ testimony.

b. Impact on Witnesses’ Willingness to Testify: The business records, witness statements, and witness background materials within this category (including summaries and analysis thereof) contain sensitive personal and private information about dozens of potential witnesses, including some witnesses who testified at Maxwell’s first trial and many witnesses who were not called at Maxwell’s first trial, but who may be called to testify if Maxwell is granted a retrial. By their very nature, all of the witness statements and witness background materials necessarily include identifying information and sensitive details regarding numerous witnesses. Similarly, the business records—including financial records, travel records, phone records, and shipping records—include the names, addresses, phone numbers, and other identifying information of numerous witnesses. The public release of this information could lead to the identification and intimidation of witnesses, who may decline to cooperate with the parties and be disinclined to testify if their personal information is released to the public. Indeed, multiple witnesses at Maxwell’s first trial testified under pseudonyms or just their first name to protect their privacy. Those same witnesses likely would not have agreed to testify if their identities or sensitive information about them were publicly revealed. The premature release of these records could reasonably be expected to interfere with a potential retrial of Maxwell by causing witnesses to be identified in the media and face embarrassment and potential harassment from members of the public as a result. Should these records be released, many witnesses, including some witnesses who agreed to testify at Maxwell’s first trial and others who did not testify at Maxwell’s first trial but may be called at a retrial, may decline to cooperate in trial preparation with the Government and may refuse to testify at a retrial. This outcome is likely because many witnesses only agreed to cooperate with the Government’s investigation because they understood that the Government would take every effort to protect their privacy.

c. Impact on Jury: Premature public disclosure of the records withheld under Exemption 7(A) within this first category, including those which the Government anticipates will be entered into evidence at trial, could reasonably be expected to further impair the Government’s pending prosecution of Maxwell by affecting its ability to present its case in court in any Maxwell retrial because it risks prejudicing the jury pool. As noted above, the majority of records in this category—including phone records, bank records, travel records, and shipping records—were not admitted into evidence at Maxwell’s first trial. Similarly, many witnesses whose statements and background information fall within this category did not testify at Maxwell’s first trial. The premature release of these materials risks prejudicing the jury pool so as to hinder the Government’s ability to present its case in court in two distinct respects. First, to the extent materials within this category are never admitted at a retrial, the jury may wonder why those materials were absent from the trial and may suspect the Government of trying to hide evidence from the jury, causing jurors to draw an unwarranted adverse inference against the Government. In this scenario, the jury may also improperly consider publicly released materials that were not introduced as evidence at the trial in their deliberations. The materials in this category, including business records and witness statements, may seem relevant to a layperson but may be inadmissible at trial for various reasons under the Federal Rules of Evidence. Potential jurors’ consideration of the records that are being withheld under Exemption 7(A) but will not be presented at trial may impact the consideration jurors give to the actual evidence presented by the Government. If some or all of this evidence is excluded at trial, pre-trial publication of these materials would risk exposing potential jurors to material they would otherwise not be shown during trial, which risks unduly influencing jurors’ views of the case and would impair the Government’s ability to effectively and fairly present its case in court. Second, if materials within this category are admitted at trial after being prematurely released, members of the jury could have preconceived notions of that evidence’s relevance or importance. This is especially concerning given the intense media scrutiny surrounding the Maxwell case and commentary that is likely to follow the release of any records of substance from the investigative file.

Of course, Ms. Comey was fired on Wednesday, as Trump waited for the WSJ story on his ties to Epstein to drop. So now Blanche can do whatever he wants with this case, without anyone to protect the equities of the prosecution.

And the grand jury request is not only completely unnecessary, but it represents a colossal waste of the time that Pam Bondi already invested when she ordered up to 1,000 people to spend reviewing the FBI case files in March.

Bondi could release those files without involving a judge. But she’s not. She’s going to instead meddle with grand jury records, a smaller subset of the whole, but one that could do more damage if Maxwell wins a retrial.

Donald Trump can’t pardon Maxwell, in spite of his past expression of well wishes for the sex trafficker, because his mob would go nuts.

But Todd Blanche could do something to intentionally fuck up her case.

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Trump’s Deep State Can’t Even Deep State Competently

I was and still intend to write a post arguing that all of the coverage of this comment from Trump is wrong. As I rant on Nicole Sandler’s show today, what we saw in these few moments was Trump, whose super power is in being able to command attention, not only failing that, but flubbing his lines when he tried to reassert his command over attention focused on Jeffrey Epstein.

The conspiracy theorists who put Trump in office will not let him take ahold of this conspiracy.

What we see in this exchange is — more than at any time in the last ten years, I argue — Trump’s super power of commanding where people focus their attention failing him.

So I want to write about how everyone is getting this wrong.

But first, I want to talk about how Trump’s Deep State can’t even Deep State competently.

Trump’s attempt to tamp this down, predictably, had the opposite effect, both because infighting over who fucked up the incompetent attempt to tamp it down, and the conspiracy theories that have arisen in the void.

Conspiracy theorist Laura Loomer is at the pivot of both worlds, and she’s playing her part to perfection. She started things today by revealing that Dan Bongino — who actually doesn’t like how hard he has to work at FBI anyway — complaining about how the memo that attempted but failed to tamp all this down happened.

That led Todd Blanche, fresh off his efforts to make the Erez Reuveni disclosures worse, to weigh in, claiming there was no dispute about how to release the Epstein memo.

Meanwhile, Marc Caputo — who has close ties with Susie Wiles from way back — debunks Blanche’s claim of harmony,  describing that Wiles and Taylor Budowich witnessed anything but.

The intrigue: MAGA influencer Laura Loomer, a Bondi critic, first reported Friday on X that Bongino left work and that he and Patel were “furious” with the way Bondi had handled the case.

  • Some Trump advisers have criticized Bondi, but Trump “loves Pam and thinks she’s great,” a senior White House official said.
  • Those witnessing the Wednesday clash between Bondi and Bongino in the White House were Patel, White House Chief of Staff Susie Wiles and Deputy Chief of Staff Taylor Budowich.

The more important part of Caputo’s report, though, is that insiders blame Bongino for the “missing minute,” which provided the nutters reason to doubt the entire effort to tamp all this down.

Zoom in: At the center of the argument: a surveillance video from outside Epstein’s cell that the administration released, saying it was proof no one had entered the room before he killed himself.

  • The 10-hour video had what has widely been called a “missing minute,” fueling conspiracy theories in MAGA’s online world about a cover-up involving Epstein’s death.
  • The “missing minute,” authorities say, stemmed from an old surveillance recording system that goes down each day at midnight to reset and record anew. It takes a minute for that process to occur, which effectively means that 60 seconds of every day aren’t recorded.
  • Bongino — who had pushed Epstein conspiracy theories as a MAGA-friendly podcast host before President Trump appointed him to help lead the FBI — had found the video and touted it publicly and privately as proof that Epstein hadn’t been murdered.

That conclusion — shared by FBI Director Kash Patel, another conspiracy theorist-turned-insider — angered many in Trump’s MAGA base, criticism that increased after Axios first reported the release of the video and a related memo.

  • After the video’s “missing minute” was discovered, Bongino was blamed internally for the oversight, according to three sources.

Only, complaints about the video are only going to get worse. Wired describes that the metadata shows the video has been altered.

The “raw” file shows clear signs of having been processed using an Adobe product, most likely Premiere, based on metadata that specifically references file extensions used by the video editing software. According to experts, Adobe software, including Premiere and Photoshop, leaves traces in exported files, often embedding metadata that logs which assets were used and what actions were taken during editing. In this case, the metadata indicates the file was saved at least four times over a 23-minute span on May 23, 2025, by a Windows user account called “MJCOLE~1.” The metadata does not show whether the footage was modified before each time it was saved.

The embedded data suggest the video is not a continuous, unaltered export from a surveillance system, but a composite assembled from at least two separate MP4 files. The metadata includes references to Premiere project files and two specific source clips—2025-05-22 21-12-48.mp4 and 2025-05-22 16-35-21.mp4. These entries appear under a metadata section labeled “Ingredients,” part of Adobe’s internal schema for tracking source material used in edited exports. The metadata does not make clear where in the video the two clips were spliced together.

Hany Farid, a professor at UC Berkeley whose research focuses on digital forensics and misinformation, reviewed the metadata at WIRED’s request. Farid is a recognized expert in the analysis of digital images and the detection of manipulated media, including deepfakes. He has testified in numerous court cases involving digital evidence.

Farid says the metadata raises immediate concerns about chain of custody—the documented handling of digital evidence from collection to presentation in a courtroom. Just like physical evidence, he explains, digital evidence must be handled in a way that preserves its integrity; metadata, while not always precise, can provide important clues about whether that integrity has been compromised.

“If a lawyer brought me this file and asked if it was suitable for court, I’d say no. Go back to the source. Do it right,” Farid says. “Do a direct export from the original system—no monkey business.”

Farid points to another anomaly: The video’s aspect ratio shifts noticeably at several points. “Why am I suddenly seeing a different aspect ratio?” he asks.

It is abundantly likely that all of this is easily explained. I noted in my first post that the missing minute probably comes from MCC’s ancient surveillance equipment. And it sounds like someone packaged this up for Bongino.

Of course, none of that is going to matter if and when people confirm that the video doesn’t even show Epstein’s cell, as multiple people claim.

Every single wrinkle will only serve to feed the conspiracy theorists whose attention Trump cannot manage to command.

Here’s the thing, though. I think Bondi probably did shut down these investigations because they are inconvenient to Trump. Maybe it stems from nothing more than Trump’s demand to command attention; maybe it has to do with the known connections between Trump and the abuser looking damning no matter how close or far Trump is to the rape.

But because the Deputy Director of the FBI, an agency with thousands of people with expertise on this kind of thing, couldn’t manage to find someone who could hold his hand and explain basic things like chain of custody, they have all made it far, far worse.

Trump’s Deep State can’t even Deep State competently.

Update: The date of the saved video (May 23) was between the date when Bongino and Kash told Bartiromo that Epstein killed himself and the date when Bongino told Fox the FBI was going to release the video but first was, “taking time to clean up and enhance the video.”

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“Fuck You:” Todd Blanche Continues to Flopsweat over Emil Bove’s Contempt

Among the flood of new developments (two sets of communications from Erez Reuveni corroborating his whistleblower complaint: one, two) and developments (DOJ’s continued obfuscation regarding the fate of Kilmar Abrego Garcia) detailing DOJ’s abuse of detentions, there are several details that put Todd Blanche in the thick of unlawful efforts to deport men with tattoos.

Fuck You Fuck You Fuck You

The communications Reuveni shared with the Senate Judiciary Committee that were released yesterday confirm that Reuveni has at least two witnesses with whom he discussed the “fuck you” comment Reuveni has attributed to Bove, which Bove, at his confirmation hearing, claimed he couldn’t recall but which he did not deny

For example, Reuveni produced texts between him and an unnamed colleague discussing Drew Ensign’s claimed ignorance of deportation flights under the Alien Enemies Act at an emergency hearing before James Boasberg. Reuveni describes that they were “About to enter the find out phase following fuck around.”

Another set of texts reportedly shows August Flentje texting Reuveni an hour before the planes to El Salvador would land, quipping, “guess its time to find out on the “fuck you,” which Reuveni claims is proof that Flentje heard the “fuck you” comment.

Later that day, Reuveni texted his colleague saying, “Guess we are going to say fuck you to the court,” to which the colleague responds, “Well, Pamela Jo Bondi is.”

Another text exhange, from three days later, again with Flentje, shows one of them suggesting they just submit “an emoji of a middle finger as our filing” asking for a stay of his order. “a picayune middle finger.”

So Reuveni has brought the goods showing that he and his colleagues not just heard the “fuck you” comment, but continued to discuss it for several days.

Emil Bove in the thick of things

Reuveni also substantiated his claims about Emil Bove’s role in all this, notably in a substantive text exchange from the day when Todd Blanche first put Reuveni on paid leave. Days earlier, Flentje had texted Reuveni about “a nastygram from Emil Bove.”

On April 5, a few hours after Todd Blanche put Reuveni on paid leave, Flentje confirmed that at the meeting on March 15, he “told our host we would not violate a court order.”

Reuveni glossed that text this way:

The exchange demonstrates that Flentje was at the March 14 meeting during which Bove said the government might have to say “fuck you” to courts and that Flentje sees a connection between that meeting and Mr. Reuveni’s placement on administrative leave.

But the smoking gun putting aspiring Circuit Court Judge Emil Bove at the center of a decision to blow off Judge James Boasberg’s order is this email in which a top Civil Division political appointee, Yaakov Roth (the same guy who would pass on nastygrams from Bove weeks later), confirmed that he had “been told by ODAG that the principal associate deputy attorney general” — PDAAG, meaning Bove — “advised DHS last night that the deplaning of the flights that had departed US airspace prior to the court’s minute order was permissible under the law.”

Reuveni described this email in his complaint, but here he has produced it.

Emil Bove gave the order to defy Boasberg’s order.

Notably, this email is unlike all others in the communications he turned over. It appears to be a paper copy. There are definitely questions about when and how Reuveni obtained all the other communications (remember that Flentje was put on leave for a while but not fired). Of some interest, Reuveni’s texts with Flentje are in a different format — perhaps a different app — than the ones he sent to other colleagues. But this communication, in which a very senior DOJ official names Bove as the guy who ordered DHS to unload the planes, was captured in paper, not digital, form.

So Reuveni appears to have substantially corroborated his claims, even if he had to resort, in one case, to a paper copy of an email to do so.

Todd Blanche’s flopsweat

That matters not just for Emil Bove’s bid to be a Circuit Court Judge (which sadly will likely still win the support of the GOP anyway), but also for Todd Blanche’s credibility.

Todd Blanche doesn’t tweet all that much, but each time Reuveni has made his case, Blanche has taken to Xitter to squeal loudly.

The day NYT first published Reuveni’s whistleblower complaint, Blanche labeled the formal whistleblower complaint as a leak to the press violating ethical guidelines. Then he claimed that “not a single individual” except Reuveni “agrees with the statements cavalierly printed” by the NYT, which I noted at the time suggested that Blanche had already tested these cover stories.

Well, that’s interesting, because Reuveni has now presented proof that Flentje and one other colleague at least used to believe it.

Yesterday, in the wake of the release of these communications, Blanche (and Pam Bondi) took to wailing on Xitter again, accusing Reuveni — even after he produced that paper email proof that Emil Bove ordered DHS to unload the planes — of falsehoods, even while accusing Reuveni of being fired not for refusing an illegal order, but for “breaching his ethical duties.”

Blanche keeps claiming there was no order to defy, even after Reuveni presented corroboration — even in the face of efforts to avoid putting anything in writing — that everyone at DOJ knew there was.

Which is why I find two other details of interest. As noted above, Blanche tried to deny that Bove suggested they would tell courts “fuck you” by claiming he had been at the March 14 meeting where, Reuveni alleges, Bove envisioned telling courts “fuck you.”

I was at the meeting described in the article and at no time did anyone suggest a court order should not be followed.

In his complaint, Reuveni did not include Blanche in the list of people who were at the meeting.

On Friday March 14 , 2025, Mr. Reuveni received notice ofhis promotion toActing Deputy Director ofthe Office of Immigration Litigation. That same day, following news reports that the President intended to sign a presidential proclamation invoking the Alien Enemies Act (AEA), Mr. Reuveni was summoned to a meeting by Deputy Assistant Attorney General (DAAG) of OIL, Drew Ensign. At the meeting were Principal Assistant Deputy Attorney General (PADAG) Emil Bove, Counselor to the Deputy Attorney General James McHenry, Associate Deputy Attorney General (ADAG) Paul Perkins, DAAG Ensign, Acting Director for OIL and Mr. Reuveni’s direct supervisor, August Flentje, and other OIL attorneys.

Now, Reuveni’s original whistleblower complaint is almost entirely unredacted. The three exceptions — redacted because they might disclose materials that remain covered by a duty of confidentiality — are in a paragraph describing that March 14 meeting.

At the meeting Bove indicated to those in attendance that the AEA proclamation would soon be signed and that one or more planes containing individuals subject to the AEA would be taking off over the weekend – meaning Saturday, March 15 and Sunday, March 16. Bove did not provide further details and [half line redacted]19 Bove indicated [half line redacted]20 and stressed to all in attendance that the planes needed to take off no matter what.

Bove then made a remark concerning the possibility that a court order would enjoin those removals before they could be effectuated. Bove stated that DOJ would need to consider telling the courts “fuck you” and ignore any such court order. Mr. Reuveni perceived that others in the room looked stunned, and he observed awkward, nervous glances among people in the room. Silence overtook the room. Mr. Reuveni and others were quickly ushered out of the room. Notwithstanding Bove’s directive, Mr. Reuveni left the meeting understanding that DOJ would tell DHS to follow all court orders.21

19 This clause is redacted because it is not clear that an exception to the lawyer’s duty of confidentiality applies here.

20 This clause is redacted because it is not clear that an exception to the lawyer’s duty of confidentiality applies here.

21 Mr.Reuveni left the meeting with this impression because [redacted]. This clause is redacted because it is not clear that an exception to the lawyer’s duty of confidentiality applies here. [my emphasis]

Reuveni and his attorneys view a lot of material that might qualify as attorney-client or deliberative privileged as exempted for some reason. But not these two passages and one footnote, the former of which seemingly relate to the reason why Bove said the planes had to take off. Bove insisted that the planes had to take off and said something that remains privileged, and then he said they might have to tell the courts, “fuck you.”

Perhaps any privilege covering those would fall under a different privilege?

Which is interesting because, in an interview with Devlin Barrett published yesterday, Reuveni clarified something about Blanche’s claim to have been at the meeting: According to Reuveni, Blanche came into the meeting, whispered something to Bove, then left, only after which did Bove start threatening to tell judges to fuck off.

The No. 2 official at the Justice Department, Todd Blanche, has denied Mr. Reuveni’s account, asserting he was at the same meeting and never heard Mr. Bove suggest the department disregard court orders.

“The claims about Department of Justice leadership are utterly false,” Mr. Blanche has said.

Mr. Reuveni disputed Mr. Blanche’s account. The deputy attorney general, he said, briefly entered the conference room during the March 14 meeting, but only to speak privately with Mr. Bove. Mr. Blanche then left and did not participate in the meeting, Mr. Reuveni said.

Only after the one-on-one discussion between Mr. Bove and Mr. Blanche did Mr. Bove use an expletive to suggest the Justice Department might choose to ignore court orders, Mr. Reuveni said.

Blanche’s brief entry into that meeting seems to exactly coincide with those two still-privileged redactions.

Blanche doesn’t tweet much.

What he does spend a great deal of his time doing — which is appropriate, I guess, for Trump’s lead defense attorney — is try to cover up this entire corrupt scheme. First he launched a witch hunt into the sources debunking Trump’s false claims behind the Alien Enemies Act invocation, then Pam Bondi reversed the media guidelines in an effort to assist that fight.

One of the very first public things Todd Blanche did as DAG was to launch a witch hunt into NYT’s source debunking Trump’s claims in the Alien Enemies Act. Then, when Pam Bondi reversed the media protections put into place by Merrick Garland, she cited that story as well. The seniormost officials at DOJ are using the Department to hunt down evidence of their own complicity in human rights violations. And Blanche’s intemperate response to Reuveni’s allegations looks to be more of the same.

This whole scheme — in which DOJ cooperated with Nayib Bukele so Bukele could make damning witnesses unavailable to prosecutors in the US, so DOJ could plop a bunch of mostly-innocent Venezuelans in a concentration camp as bait that Trump could attempt to use to free prisoners in Venezuela (which raises questions about those detainees in Venezuela), which Stephen Miller could use to spin false claims that migrants are terrorists — is bullshit.

All of it.

All of it is wildly corrupt on its face, but there is something about the scheme that is even more dangerous for Trump and the various men who have served as his defense attorneys.

And Trump’s defense attorney turned DAG keeps piping up to discredit himself, emphasize his flopsweat, and invite further revelations from the guy he fired in hopes all this would go away.

Update, July 13: Corrected the number of redactions in Reuveni’s complaint.

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DOJ’s Past Lies Continue to Backfire

A lifetime ago in the history of Stephen Miller’s dragnet (that is, Monday) I contemplated writing a post on how Magistrate Judge Barbara Holmes’ opinion — finding that DOJ was not entitled even to a hearing at which to argue in favor of detaining Kilmar Abrego Garcia pre-trial. but even if they were, that argument would fail — might influence his lawsuit in Maryland.

I got distracted with other things.

And now, it’ll be a dramatically different post.  A bunch of things have happened in the interim, including:

  • SCOTUS wrote an unfathomable order that got Trump’s DOJ off the hook for blowing off a District Court order by, instead, permitting Miller to deport migrants to slavery and torture (read Steve Vladeck for more)
  • NYT published a story about a complaint Erez Reuveni submitted to DOJ Inspector General, alleging (in part) that, at a meeting about what to do in the face of an at-that-point-hypothetical order not to deport planeloads of migrants based on an Alien Enemies Act declaration, Emil Bove said “D.O.J. would need to consider telling the courts ‘fuck you’ and ignore any such order”
  • Deputy Attorney General and sometime Trump defense attorney Todd Blanche went on a rant on Xitter, claiming newsworthy journalism (implicating him in alleged grave ethical violations) should not be “tolerated”

As it is, there are two key details from Holmes’ opinion that may have resonance both in KAG’s criminal case and the lawsuit.

Barbara Holmes: Is that your final answer?

She begins her opinion by noting that KAG is accused of human smuggling, not human trafficking.

To be clear, the offenses of which Abrego is charged are human smuggling, not human trafficking. Although “smuggling” and “trafficking” were sometimes used interchangeably during the detention hearing, there is a distinct difference between the two under the law. They are not transposable. According to the United States Citizenship and Immigration Services (“USCIS”) Policy Manual:

Federal law distinguishes between the crimes of human smuggling and human trafficking. Trafficking is a crime committed against a person regardless of the person’s immigration status or the crossing of a transnational border, while smuggling is a crime committed against a country’s immigration laws and involves the willful movement of a person across a country’s border.

A person may voluntarily consent to be smuggled. In contrast, an act of trafficking must involve both a particular means, such as the use of force, fraud, or coercion, and a particular purpose, such as subjection to involuntary servitude or a commercial sex act.

USCIS POLICY MANUAL, Difference Between Trafficking and Smuggling, Vol. 3, Pt. B, Ch. 2, § B.7, https://www.uscis.gov/policy-manual/volume-3-part-b-chapter-2. The Cornerstone Report,7 a quarterly bulletin highlighting key issues related to investigations by ICE Homeland Security Investigations (“HSI”), also explains the difference between human trafficking and human smuggling:

Human trafficking and human smuggling are often confused. The two crimes are very different and it is critical to understand the difference between the two.

Human trafficking involves exploiting men, women, or children for the purposes of forced labor or commercial sexual exploitation.

Human smuggling involves the provision of a service—typically, transportation or fraudulent documents—to an individual who voluntarily seeks to gain illegal entry into a foreign country.

The Cornerstone Report, Human Trafficking vs Human Smuggling, Vol. XIII, No. 1, Summer 2017, p.1. As the report states: “Smuggling is transportation-based. Trafficking is exploitation-based.” Id. “These are not interchangeable terms.” Id. [emphasis original]

The distinction matters for a key issue in the opinion, that even if there were minors present in a van KAG drove, that doesn’t necessarily make them victims of the crime.

Nevertheless, Holmes only returns to the issue of trafficking once more in her opinion, when pointing out that if the government had evidence of human trafficking, she hopes that DOJ would charge it.

The Court supposes – or at least hopes – that if children are victimized as part of their undocumented entry into this country, the government would pursue appropriate human trafficking charges against the human traffickers.

She makes a similar aside in her discussion of MS-13. KAG’s alleged gang membership is not charged. The only reason it was pertinent to a detention decision is in how it might substantiate a risk of obstruction. As Holmes laid out, the evidence that KAG actually was a member of MS-13 was weak hearsay.

The government’s evidence that Abrego is a member of MS-13 consists of general statements, all double hearsay, from two cooperating witnesses: the second male cooperator and N.V. Those statements are, however, directly inconsistent with statements by the first cooperator.

[snip]

Contrary to the statements of the second cooperator and NV, the first male cooperator told Special Agent Joseph that, in ten years of acquaintance with Abrego, there were no signs or markings, including tattoos, indicating that Abrego is an MS-13 member. This statement specifically repudiates any outward indicia that Abrego belongs to MS-13, in stark contrast to the non-specific second cooperator’s and N.V.’s feelings that Abrego may belong to MS-13. Given these conflicting statements, the government’s evidence of Abrego’s alleged gang membership is simply insufficient.

But even if KAG were a member of MS-13, that would only be relevant to the detention determination if he were trying to intimidate people because of that gang membership. And the vague allegations don’t get there, she says at the end of that passage.

Here, the government’s evidence of hearsay testimony of a cooperating witness’s general feeling of intimidation without any description of specific language used or actions taken by Abrego is not enough to establish by a preponderance that Abrego poses a serious risk of obstructing justice within the meaning of § 3142(f)(2)(B). 25

25 Given the volume of resources committed to the government’s investigation of Abrego since April 2025, according to Special Agent Joseph, the Court supposes that if timely, more specific, concrete evidence exists of Abrego’s alleged MS-13 gang membership or a consistent pattern of intentional conduct designed to threaten or intimidate specific individuals, the government would have offered that evidence at the detention hearing.

Which elicits a similar footnote as she made regarding trafficking: “If you had evidence of these things that might implicate the detention determination,” she seems to be saying about both trafficking and KAG’s alleged MS-13 membership, “you surely would mention it.”

As noted, those asides did have a role in the opinion (if not as big a one as the page-long discussion about the smuggling/trafficking distinction would seem to suggest).

But they’re important for another reason.

Holmes is basically noting that the government presented no evidence of two claims that top Administration officials, including Trump himself along with Pam Bondi, made repeatedly. The government didn’t share the doctored photo claiming KAG’s knuckles came coded for MS-13. The government presented no evidence that KAG was the threat Pam Bondi claimed he was.

Accumulating evidence about Trump and his top aides lying about KAG

The discrepancy between what the government said publicly and what they actually charged will presumably be the subject of a selective prosecution motion, as well as a slew of other efforts to preserve KAG’s right to a fair trial.

But the disjunct between what top Trump officials said publicly and what they’re willing to say in response to KAG’s lawsuit are a central prong of his motion for discovery sanctions in the lawsuit, which argues that the government is simply not cooperating with his ability to discover what happened regarding his detention. An exhibit, described as “a non-exhaustive list” of the public things that government officials said about KAG, quotes 21 allegations that KAG engaged in human trafficking and 60 claiming he was MS-13. As one example, it cites this screed from Stephen Miller in a press conference on May 1, at least a week after the grand jury already started investigating KAG.

There has been even more evidence that has been made public about [Abrego Garcia’s] violient [sic], repeated threats and assaults against his spouse, someone who had repeated documented human trafficking and human smuggling offenses, somebody that has extensively documented membership in MS-13, a terrorist organization, and of course someone [who] had MS-13 tattooed on his knuckles. This is a person who is a clear and present danger to the safety of the American people and it is a sad reflection on the state of our media and many of the outlets represented in this room that you incessantly try to shill for this MS-13 terrorist.

The filing compares public officials’ refusal to cooperate in discovery, their bogus privilege invocations, and depositions designed to obfuscate with this NY story (included as an exhibit as well), which describes emailed conversations about what to do with KAG that should be subject to the discovery order.

They use the article — for example — to argue that one of the people who did sit for a deposition, DHS Acting General Counsel Joseph Mazzara, “may have given untruthful testimony.”

More recently, credible press reports suggest that Mazzara—DHS’s Acting General Counsel—may have given untruthful testimony. At the deposition, Mazzara was asked whether he knew by April 12 [redacted]. He ultimately answered: [redacted] ECF No. 129-9 Tr. 76:9–13. When pressed about whether anyone at DHS [redacted] Mazzara claimed he had [redacted] Id. Tr. 155:10–7. According to the New York Times, however, Mazzara “told his colleagues that [DHS Secretary] Kristi Noem . . . had taken steps to seek Mr. Abrego Garcia’s segregation from other inmates, including members of Barrio 18.” See Ex. C. The report cites specific emails from Mazzara on or around March 28 in which he noted, “We’re also trying to keep him where he is.” Id. On March 30, James Percival, another custodian from whom Plaintiffs have received no documents,12 admitted that Abrego Garcia’s removal was “an administrative error,” but added: “(Not that we should say [so] publicly).” Id.

Another heavily redacted passage suggests that, based on how and when he was charged, DOJ lied about what Pam Bondi knew when.

The filing also compares what Noem and Bondi testified to Congress versus what the timeline of the criminal investigation shows actually happened.

That NYT article describes several conversations, involving but not limited to Erez Reuveni, about ways to fix the error of deporting KAG without endangering the deportation of the 200 other men that day. Reuveni was actually trying to mitigate the risk that the KAG case would endanger the larger argument about the Alien Enemies Act; as described, at least, he was trying to protect the decision to send 200 people to torture under the AEA.

As Mr. Reuveni pointed out to the group, the case potentially “jeopardizes many far more important initiatives of the current administration.” If the government fought and lost, it could have legal repercussions, not least of which for the nearly 140 Venezuelans who were sent to the same facility under the authority of a rarely used wartime law, the Alien Enemies Act of 1798.

That was where things stood two weeks ago, when KAG’s lawyers were asking for sanctions because of the secrets DOJ is hiding.

Reuveni ties DOJ’s actions with White House lies

Yesterday — the day before Emil Bove’s confirmation hearing to become a Circuit Court Judge — Reuveni submitted a whistleblower declaration to DOJ’s Inspector General, the Acting Special Counsel (who happens to be Trade Rep Jamieson Greer), and the leaders of House and Senate Judiciary Committees, which NYT was the first to report. As part of the complaint, Reuveni claims the public explanation Todd Blanche gave for why he was put on leave — because he was not zealously advocating for his client — is not the real reason. He says he was fired because he refused to implement commands to ignore court orders.

Since April 2025 it has been widely reported that according to DOJ sources Mr. Reuveni was put on administrative leave by DOJ for allegations offailure to follow directive from his superiors failure to zealously advocate on behalf of the United States and for arguing against Homeland Security and the State Department” when he truthfully represented to the court that Mr. Abrego Garcia’s removal was in error.² These statements by Attorney General Pamela Bondi and her deputy Todd Blanche are false and misleading Indeed it has since been reported that prior to the April hearing Senior Counselor to the Secretary of Homeland Security and Trump appointee James Percival conceded that Mr. Abrego Garcia’s removal was an administrative error (Not that we should say publicly.)

Nevertheless White House officials have publicly disparaged Mr. Reuveni to justify their refusal to comply with the Constitution and with court orders.4 White House Deputy Chief of Staff Stephen Miller falsely stated, “The only mistake that was made is lawyer put an incorrect line in legal filing,” and labeled Mr. Reuveni “saboteur, a Democrat.” 5 Referring to Mr. Reuveni, President Trump stated, “Well the lawyer that said it was mistake was here long time was not appointed by us—should not have said that should not have said that.”6

He cites more than the quote that Emil Bove said that they might have to tell courts “fuck you.” Reuveni claimed he defied three illegal orders:

  • Trump’s DOJ blew off Judge James Boasberg’s injunction on deporting people under the Alien Enemies Act
  • After Judge Brian Murphy issued a nationwide TRO on deportations without notice to involve a Convention Against Torture challenge, Reuveni was repeatedly admonished for trying to implement that injunction, in writing
  • After correctly saying on April 4 that DOJ made a mistake when they deported KAG, Reuveni repeatedly objected and ultimately refused to sign an appellate brief claiming KAG was a terrorist (based on the MS-13 claim)

Reuveni’s description of the third illegal order describes how Drew Ensign responded when press headlines misrepresented Reuveni’s mere adoption of ICE’s admission that KAG was deported in error. Ensign scolded Reuveni twice, the second time, in response to a prompt from the White House.

A few minutes after the hearing, Mr. Reuveni went from the courtroom to the U.S. Attorney’s office space in the court building. The press had been present at the hearing, and bythe time he was leaving the courtroom, Mr. Reuveni had already received multiple text messages sharing news headlines about his statements to the court. Mr. Reuveni also received an email from Ensign directing Mr. Reuveni to call him, which Mr. Reuveni did. On that call, Ensign asked Mr. Reuveni – for the first time – why Mr. Reuveni had not argued that Mr. Abrego Garcia was a terrorist and that therefore his withholding ofremoval order was invalid. Mr. Reuveni told Ensign words to the effect of, “I understand you’ve seen the headlines, but read the transcript, I did not say the things the headlines say that I said.”

Ensign asked Mr. Reuveni why he did not argue that Mr. Abrego Garcia was a member of a terrorist organization or that being a member of such organization meant Mr. Abrego Garcia’s protection from removal to El Salvador was nullified. Mr. Reuveni told Ensign he did not make those arguments because: 1 ) those were not arguments in the government’s briefs, which Ensign had reviewed; 2) there was no evidence in the record to support the arguments; and 3) the laws governing withholding of removal do not support a theory that declaring someone a member of a terrorist organization retroactively nullifies a grant of withholding relief. Ensign had little reaction but called again a few minutes later asking similar questions and informing Mr. Reuveni that these inquiries were prompted by the White House. Mr. Reuveni again repeated the same concerns he had on the first call. [my emphasis]

Reuveni describes his repeated objections to an appeal claiming that KAG was MS-13 and therefore a terrorist. Hours after he refused to claim he was, Blanche put him on administrative leave.

Flentje told Mr. Reuveni that he should sign the brief, and that he had signed up for the responsibility to do so when he accepted the Deputy position. Mr. Reuveni responded, “I didn’t sign up to lie. ” Ultimately, someone else signed that brief, making arguments contrary to law, which was filed at 1:41 a.m. on April 5.

Less than seven hours later, Mr. Reuveni was placed on administrative leave for alleged “failure to follow a directive from your superiors; failure to zealously advocate on behalf ofthe United States; and engaging in conduct prejudicial to your client.” The letter signed by Deputy Attorney General Todd Blanche placing Mr. Reuveni on administrative leave was leaked to the press and reported that same day.51

Erez Reuveni claims that he was placed on leave (and ultimately fired) because he refused to lie and say there was evidence that KAG was an MS-13 member and therefore a terrorist.

Todd Blanche confesses he was in the thick of it all

The press focus on Reuveni’s complaint has been, justifiably given his confirmation schedule, on Emil Bove. Todd Blanche’s name appears just five times in the complaint, three times in association with a letter to him, the other two for his public claims about why Reuveni was fired. And Blanche’s name doesn’t appear at all in the appendix of public false claims top Trump officials have made about KAG.

But immediately after the NYT published its story, Blanche implicated himself personally, claiming to be at the meeting about the CECOT deportations and declaring taht public reporting of something newsworthy, “should not be tolerated.”

The New York Times article describes falsehoods purportedly made by a disgruntled former employee and then leaked to the press in violation of ethical obligations. The claims about Department of Justice leadership and the Principal Associate Deputy Attorney General are utterly false which is likely why the author gave the Department of Justice 15 minutes this morning to respond (they wrote that we did not “immediately respond with a comment”) before releasing this garbage. Note that [1] not a single individual except the disgruntled former employee agrees with the statements cavalierly printed by this purported news outlet. [2] I was at the meeting described in the article and at no time did anyone suggest a court order should not be followed. This is disgusting journalism. Planting a false hit piece the day before a confirmation hearing is something we have come to expect from the media, but it does not mean it should be tolerated.

Blanche’s claim that he was at that meeting conflicts with Reuveni’s; the whistleblower claims Bove was the senior DOJ official present.

That same day, following news reports that the President intended to sign a presidential proclamation invoking the Alien Enemies Act (AEA), Mr. Reuveni was summoned to a meeting by Deputy Assistant Attorney General (DAAG) of OIL, Drew Ensign. At the meeting were Principal Assistant Deputy Attorney General (PADAG) Emil Bove, Counselor to the Deputy Attorney General James McHenry, Associate Deputy Attorney General (ADAG) Paul Perkins, DAAG Ensign, Acting Director for OIL and Mr. Reuveni’s direct supervisor, August Flentje, and other OIL attorneys. [my emphasis]

That said, there’s a logical problem with Blanche’s claim. He clearly claims to have checked the story of the people who were in the meeting, marked with a [1] above. And then claims he was at the meeting, marked with a [2]. Those are the claims of a guy who has manufactured a cover story. Which — in light of the phone traffic documented by Reuveni that responded to his own emails — looks pretty suspect.

Remember: One of the very first public things Todd Blanche did as DAG was to launch a witch hunt into NYT’s source debunking Trump’s claims in the Alien Enemies Act. Then, when Pam Bondi reversed the media protections put into place by Merrick Garland, she cited that story as well. The seniormost officials at DOJ are using the Department to hunt down evidence of their own complicity in human rights violations. And Blanche’s intemperate response to Reuveni’s allegations looks to be more of the same.

It’s different with criminal prosecutions

Sadly, I don’t think the Reuveni allegations will have much impact on the Bove nomination. Right wingers in the Senate are all too happy to sanction Trump’s unprecedented corruption, as their confirmation of Blanche himself (to say nothing of Kash Patel) makes clear. I doubt that will change with Bove.

But it’s different for criminal defendants. By virtue of being criminally charged, rather than just suing for release, KAG can make a claim to need all of the conflicting stories about how top DOJ officials relayed demands and repeated false claims from people like Stephen Miller.

Perhaps that explains DOJ’s purported concern that if KAG is released pretrial, DHS might just deport him.

Nevertheless, a release of the Defendant into ICE custody poses potentially irreparable problems for the prosecution in this case and, therefore, for the public at large whose interests the Government serves. Should this Court not order a stay, and the Defendant is moved to ICE custody and deported from the United States, the prosecution would lose the meaningful opportunity to try its case. This would be irreparable harm to the public. How fast the Defendant could or would be deported remains to be seen. In candor with the Court, such a potential deportation of the Defendant would not be instantaneous. How fast such proceedings could move are difficult to predict. Yet, these immigration proceedings exist as real, potential, substantial and irreparable harm to the United States.

DOJ has made its problems so much worse by refusing to do the right thing with KAG and the CECOT deportees.

And because they’ve charged KAG, that may actually finally backfire.

Update: In the DVD case (the one in which SCOTUS ruled on Monday), plaintiffs are asking to file a surreply describing Reuveni’s allegations.

Just yesterday, a former high-level official with the Department of Justice’s Office of Immigration Litigation filed a protected whistleblower claim alleging that in this very case, highlevel Department of Justice officials conspired to violate the district court’s temporary restraining order (TRO). The disclosure describes, in painstaking detail, efforts to feign ambiguity in an unambiguous order, failing to disseminate the fact and terms of the injunction, and purposefully failing to respond to Plaintiffs’ inquiries. See Protected Whistleblower Disclosure of Erez Reuveni Regarding Violation of Laws, Rules & Regulations, Abuse of Authority, and Substantial and Specific Danger to Health and Safety at the Department of Justice at 16-21, https://s3.documentcloud.org/documents/25982155/file-5344.pdf.1

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The IC (with an Assist from Journalism) Liberates the IC’s Debunking of Trump’s Alien Enemies Act

The two NYT journalists who would be targeted in an investigation of the sources of leaks debunking Donald Trump’s Tren de Aragua Alien Enemies Act invocation have published a memo that further debunks Donald Trump’s Tren de Aragua Alien Enemies Act invocation. Charlie Savage and Julian Barnes published the memo, which Freedom of the Press Foundation liberated via FOIA.

The contents of the memo themselves are newsworthy. Like the initial report from Savage and Barnes and a follow-up about this memo in the WaPo, the memo describes that the Intelligence Community doesn’t think that the Maduro regime directs the actions of TdA.

The Maduro regime generally does not impede illegal armed and criminal groups from operating in Venezuela, but it does combat and seek to contain them when it fears they could destabilize the regime or when corrupt dealssour. Venezuela’ssecurity services lackthe capacity to fully control Venezuelan territory, giving the regime an interest in cooperating with armed groups for insight and control in areas outside the services’ traditional areas of operation. Furthermore, combatting such groups often results in personnel losses, probably encouraging the regime to at times cooperate with some groups instead of contesting them.

Some mid- to low-level Venezuelan officials probably profit from TDA’s illicit activities, according to [(b)(1), (b)(3)] and press reporting. For example, local military officials have alerted other armed and criminal groups conducting aerial drugshipments to Venezuelan Air Force patrols and might have alerted TDA leadership of a planned raid in 2023 against the prison that was its base of operations.

Even the FBI — the single agency of 18 that backed a claim that Maduro directs TdA — only claimed that some officials directed the migrants, and (as NYT also noted) other agencies think that may be based on fabrications.

While FBI analysts agree with the above assessment, they assess some Venezuelan government officials facilitate TDA members’ migration from Venezuela to the United States and use members as proxies in Chile, Colombia, Ecuador, Peru, and the United States to advance what they see as the Maduro regime’s goal of destabilizing governments and undermining public safety in these countries, based on DHS and FBI reporting as of February 2024.

[snip]

In some cases, reporting warns that these sources could also be motivated to fabricate information.

[snip]

Some reports come from people detained for involvement in criminal activity in the United States or for entering the country illegally, which could motivate them to make false allegations about their ties to the Venezuelan regime in an effort to deflect responsibility for their crimes and to lessen any punishment by providing exculpatory or otherwise “valuable” information to US prosecutors.

But I’m just as interested in the significance of a successful FOIA that undercuts investigations into these leaks (and therefore, into the debunking of the core AEA invocation).

The AEA, which Trump secretly invoked on March 14, was used as justification to deport at least two planeloads of mostly Venezuelans on March 15. The NYT published their first story on March 20, as Judge James Boasberg queried whether the government defied his order not to do so. That same day, the government first moved toward invoking State Secrets to cover up the basis for their rendition flights, followed by a declaration from Todd Blanche. NYT published the story in their dead tree version only after Blanche announced an investigation into what seemed to be that leak. As I noted, in one of his first acts as Deputy Attorney General, Blanche was launching a witch hunt into a leak that exposed his actions.

Days after the WaPo followed up on the NYT story reporting the results of this report, Tulsi Gabbard adopted Dick Cheney’s habit of lying about intelligence assessments, accusing those who leaked the true contents of the assessment to be weaponizing intelligence.

I noted that her claims of a classified leak were likely overstated: what WaPo reported went little beyond an answer Gabbard gave to Joaquin Castro in the Global Threats hearing.

Castro: I want to ask about the Alien Enemies Act, real quick, while I have time. The President has used the Alien Enemies Act, a wartime authority last used to detain German and Japanese nationals during World War II, to summarily deport people accused of being members of the Venezuelan gang, Tren de Aragua. To invoke this law, the President must demonstrate the United States is under invasion by a foreign nation or government. They have alleged that we are under invasion by the Venezuelan government. The idea that we are at war with Venezuela would come as a surprise to most Americans. The unclassified version of the Annual Threat Assessment the Intelligence Community just released makes no mention of any invasion or war that we are fighting with the nation of Venezuela. You would think our nation being at war would merit at least a small reference in this Threat Assessment. Director Ratcliffe, does the Intelligence Community assess that we are currently at war or being invaded by the nation of Venezuela?

Ratcliffe: We have no assessment that says that.

Castro: In invoking the law the President alleged that Venezuela is taking hostile actions at the direction — clandestine or otherwise — of the Maduro regime in Venezuela. Director Gabbard: Does the Intelligence Community assess the Venezuelan government is directing Tred de Aragua’s hostile actions against the United States.

Gabbard: There are varied assessments that came from different Intelligence Community elements. I’ll defer to Director Patel to speak specifically to the FBI assessment.

[Kash moves to speak.]

Castro: But let me ask you. So you’re saying there are conflicting assessments that have come from the IC?

Gabbard: That’s correct.

Castro: Thank you. We’ll take it up in closed session.

Nevertheless, days later, Tulsi announced an investigation into the leaks.

And just days after that, Pam Bondi reversed Merrick Garland’s press protections, describing only the NYT and the WaPo stories to include classified information.

The leaks have not abated since President Trump’s second inauguration,6 including leaks of classified information.7

7 See, e.g., John Hudson & Warren P. Strobel, U.S. intelligence contradicts Trump’s justification for mass deportations, Washington Post (Apr. 17, 2025), https://www.washingtonpost.com/national-security/2025/04/17/us-intelligence-tren-de-araguadeportations-trump; Charlie Savage & Julian Barnes, Intelligence Assessment Said to Contradict Trump on Venezuelan Gang, New York Times (Mar. 22, 2025), https://www.nytimes.com/2025/03/20/us/politics/intelligence-trump-venezuelan-gang-alienenemies.html.

That created the appearance that, like Blanche before them, Tulsi and Bondi were also ratcheting up attacks on the press because the press and its sources called out Trump’s corrupt AEA declaration in real time.

These repeated paranoid leak investigations attempted to squelch public debunkings of Trump’s efforts to use a false claim about TdA to chip away at due process (a project that Stephen Miller has been pursuing for years).

And at a time when Trump’s Administration is falling further behind on FOIA requests, FOPF got near immediate response for its FOIA showing that even if any material in the NYT and WaPo stories was classified, it has since been publicly released. That kind of response only happens when people within an agency want something to be released. And in this case, it means that Tulsi has not sufficiently commandeered ODNI to prevent FOIA professionals to carry out a classification review and release information publicly.

It likely means that the people who leaked these debunkings in the first place have found a way to undercut claims that they committed a crime by doing so. At the very least that will make it hard for the FBI to argue this leak is of sufficient seriousness to obtain warrants and subpoenas targeting journalists. It may even make it impossible for the FBI to claim a crime was committed in the first place, because the FBI will have to prove that the NYT and WaPo stories relied on more than made it into this memo.

And all the while, even as one after another judge — including Trump appointees like Fernando Rodriguez Jr! — rule that the original AEA invocation was unlawful (in Rodriguez’ case, because any claimed invasion from Venezuela does not resemble what Congress would have understood an invasion to be in 1798 when AEA was passed), the IC is finding ways to make clear that Donald Trump knows or should know that the claimed ties between Nicolás Maduro and TdA are false.

Stephen Miller is trying to eliminate due process based on a nesting set of false claims.

And the spooks have, for a third time, exposed the core lie on which that effort builds.

Update: Lauren Harper, who liberated the memo, has posted the letter granting her FOIA. She submitted the FOIA on April 25; she got the memo on May 5.

Update: Judge Alvin Hellerstein also held the AEA invocation to be unlawful, finding there’s no war or invasion. But this may be more pertinent to these times:

The third consideration set out by Mathews, the “Government’s interest,” is more complicated. Drafting complaints with particular allegations against individual aliens, providing aliens with time to contact counsel and file a habeas petition, and preparing for a hearing before a federal judge takes time and manpower. However, it is the nature of due process to cause fiscal and administrative burdens. Rule by the ipse dixit of a President is likely more efficient than the deliberative procedures of a court. But it is what our Constitution, and the rule of law, demand. And due process, once surrendered, is difficult to reinstate.

Update: Citing the memo, Jim Himes and Joaquin Castro call on Tulsi to explain “Director Gabbard should explain why her public descriptions of this intelligence failed to correspond with the IC’s findings.”

Last month, we jointly wrote a classified letter to Director Gabbard asking her to declassify the April 7, 2025 Statement of the Community Memorandum entitled ‘Venezuela: Examining Regime Ties to Tren de Aragua.’ We are pleased that the Office of the Director of National Intelligence released a redacted declassified copy of that analysis in response to a Freedom of Information Act request. As the now-public document makes clear, the Intelligence Community assesses that the ‘Maduro regime probably does not have a policy of cooperating with TDA and is not directing TDA operations in the United States.’ This assessment reinforces the finding of a District Court judge last week that the Administration’s invocation of the Alien Enemies Act with respect to Tren de Aragua was illegal.

Now that the public can read the Intelligence Community’s analysis that the Maduro regime does not direct Tren de Aragua, Director Gabbard should explain why her public descriptions of this intelligence failed to correspond with the IC’s findings. The most basic responsibility of the Director of National Intelligence is to speak truth to power and, where possible, the American people. Misrepresenting intelligence in public causes grave damage to the IC and to national security.”

Update: In another sign that the Spooks are not impressed with their new boss, WSJ reveals that they’re being asked to collect for actions that would support regime change in Greenland and Denbmark.

Several high-ranking officials under Director of National Intelligence Tulsi Gabbard issued a “collection emphasis message” to intelligence-agency heads last week. They were directed to learn more about Greenland’s independence movement and attitudes on American resource extraction on the island.

The classified message asked agencies, whose tools include surveillance satellites, communications intercepts and spies on the ground, to identify people in Greenland and Denmark who support U.S. objectives for the island.

The directive is one of the first concrete steps Trump’s administration has taken toward fulfilling the president’s often-stated desire to acquire Greenland.

Tulsi continues to squeal about the Deep State Actors exposing her actions.

In a statement, Gabbard said: “The Wall Street Journal should be ashamed of aiding deep state actors who seek to undermine the President by politicizing and leaking classified information. They are breaking the law and undermining our nation’s security and democracy.”

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