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Frequently Asked Questions (FAQs)

These FAQs cover basic facts about Ghislaine and her situation expanding on the content of the ‘About’ section of the website. They relate to her Appeal, her prison routine and other matters.  For obvious reasons, questions relating to the case itself are not – and cannot be – addressed by this website.

Where possible we have featured responses provided by Ghislaine herself excerpted from recorded interviews conducted with her from prison in 2022 by the journalist Daphne Barak.

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Credit Wikipedia Foundation,

Daniel Patrick Moynihan

 

“You are entitled to your opinion but not to your own facts”

Daniel Moynihan

US Senator for New York (1977-2001)

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What are the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and which rules are being violated in the case of Ghislaine?

Resolution adopted by the United Nations General Assembly on December 17, 2015 (the Nelson Mandela Rules)

Multiple rules are being broken in MDC Brooklyn. SEE rule numbers below and HIGHLIGHTED SECTIONS OF THESE RULES WHICH WE BELIEVE ARE BEING BROKEN IN THE CASE OF GHISLAINE AND INEVITABLY IN  OTHER CASES TOO.  

 

l. RULES OF GENERAL APPLICATION

Basic principles: Rule 1

Accommodation: Rules 13,14,15 & 17

Food: Rule 22

Exercise and Sport: Rule 23

Health-care Services: Rules 32 (d) & 34

Restrictions, Discipline and Sanctions: Rules 42, 43 (b) and (c)

Information to and Complaints by Prisoners: Rule 57 (3)

Contact with the outside world: Rule 61 (1)

Investigations: Rules 71 (2) & (3)

ll. RULES APPLICABLE TO SPECIAL CATEGORIES

C. Prisoners under arrest or awaiting trial: Rule 111 (2)

Why does Ghislaine keep applying for Bail after being turned down multiple times? 

The primary reason is that “[Ghislaine] cannot properly prepare for trial because of sleep deprivation, a lack of potable water, a sewage stench in her cell, an inability to meet privately with her lawyers, prison computers that do not function and cannot access the Prosecution discovery or keep jail guards from reviewing her confidential materials.”
 

See Appellant Ghislaine Maxwell’s Renewed Motion for Pretrial Release.

Furthermore, she has offered $28.5 million of cash and securities in addition to submitting to electronic tagging and extremely restrictive house arrest in the NY area and giving up her non-US citizenships. She is neither a risk to the community nor to herself and nor is she a flight risk.  This combination of cash and securities, restrictive home confinement and renouncing her non-US citizenships is an aggregated bail package already far greater than any granted other well-known male defendants. Under these circumstances Ghislaine has a right to appeal the District Court’s denial of bail - which is hard to comprehend - and will continue to exercise that right if applicable in front of the US Court of Appeals 2nd Circuit.

Why isn't Ghislaine ‘naming names’ and pleading guilty as charged?  

Ghislaine has consistently and continuously pleaded not guilty and adamantly denies the charges brought against her that are based on allegations of still anonymous accusers. Such allegations or accusations are not ‘evidence’. Just because someone says or repeats them in a newspaper, on a podcast or indeed in a court document, doesn't make them evidence which is subject to proof.

What new books is Ghislaine reading or reviewing?

 

 

 

 

 

 

 

 

 

 

Licensed to Lie: Exposing Corruption in the Department of Justice

 

 

 

 

 

 

 

 

 

 

 

Just Mercy: A Story of Justice and Redemption

 

 

 

 

 

 

 

How to be Both by Ali Smith

 

 

 

 

 

 

 

 

 

 

In the Sanctuary of Outcasts by Neil White

 

 

 

 

 

 

 

 

 

 

THE REAL ANITA HILL by David Brock

 

 

 

 

 

 

 

 

 

 

Founding Brothers: The Revolutionary Generation

 

 

 

 

Protecting Your Health & Safety: a Litigation Guide for Inmates

 

 

 

 

 

 

 

 

 

Criminal Law Handbook, Know Your Rights, Survive the System

 

 

 

 

 

Federal Rules of Evidence in a Nutshell

Faith of My Fathers by John McCain and Mark Salter

His Dark Materials by Phillip Pullman

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Who is Ghislaine?

What confinement conditions is Ghislaine facing?

Has Ghislaine proposed a meaningful bail package?

How old are the allegations against Ghislaine? When is the first time she was named in a criminal case?

Since she has been arrested and then refused bail why doesn’t she consider pleading guilty?

Who are her accusers?

What books is Ghislaine reading in prison?

Please revisit this section of the site from time to time as the FAQs here will be refreshed as required.

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Ghislaine is kind and compassionate. More than a dozen letters of support - speaking to Ghislaine’s kindness, generosity and affirming her honesty and integrity - were submitted to the court from family and long-time friends in support of her Bail application. 

The physical conditions of her confinement are more restrictive than most pretrial detainees have ever faced.  Her pretrial incarceration now totals 270 days and counting effectively in solitary confinement in MDC Brooklyn —one of the Federal system’s largest and roughest jails — in the midst of the pandemic. Ghislaine is daily subjected to a range of invasive procedures. These include multiple physical searches a day, including having guards looking inside in her mouth (i.e. no social distancing); and the pointing of a flashlight into her isolation cell - where she is held approximately 12 hours every day - every 15 minutes during the night, making sleep impossible for her. She is under round-the-clock surveillance by multiple guards and cameras, including one mobile camera that captures her every move. 

 

Her cell consists of a 6ft x 9ft space, with a concrete bed and toilet.  She is not permitted into the corners of the cell and she must remain a minimum of 2.5ft from the cell door. There is no flat surface in her cell for her to work on the legal documentation for the long hours she is left to languish in there. The drinking water is full of contaminants and the food is inedible. Food has been fed to her on plastic trays that have melted when exposed to microwaved heating, making the food inedible and unsafe.

 

There is no natural light in the cell, only fluorescent lights so bright that they hurt her eyes. Two walls of the cell are external masonry block walls with no insulation. Depending on the temperature it can lead to condensation on the walls by the bed. Guards rotate every two weeks and each shift has different expectations and practices that conflict with other teams. This is impacting Ghislaine’s health and ability to prepare properly and mount her defense which is the right of every pretrial detainee.

Ghislaine proposed a bail package - $28.5 million of cash and securities - for a first-time, non-violent defendant, including electronic tagging and extremely restrictive house arrest in the NY area. In addition to pledging a bail amount multiple times larger than others who have faced similar charges, Ghislaine has also offered to renounce her French and U.K. citizenships.

Contrary to the tabloid press reports Ghislaine has never held an Israeli passport.
 

Ghislaine has been – and continues to be - denied bail before her trial, despite others who have faced far more heinous allegations being bailed.

The court, whilst affirming on numerous occasions that she is not a danger to others, has, however, determined Ghislaine to be a flight-risk. This despite evidence that she never left – or attempted to leave - the United States since prior to the arrest of Jeffrey Epstein in July 2019; the unprecedented proposed bail package; and that she has lived in the United States for 30 years as have many members of her immediate family.

Ghislaine is accused of events that are alleged to have occurred between 1994-2004. The U.S. Government did not charge Jeffrey Epstein whilst he was alive with these alleged crimes.

G.M. was indicted on July 2, 2020, almost a year after Jeffrey Epstein’s death. Until that moment, she had not been either charged or indicted in any jurisdiction with these crimes which date back 25 years. In fact, in the earlier exhaustive 2005-6 investigation of Epstein conducted by the Palm Beach Police Department in Florida, the lead detective said in sworn deposition that she was not named in any police reports or warrants, her name was never raised in the Grand Jury of 2005 and nor was she named in either the 2008 State indictment or the more recent 2019 Federal indictment of Epstein.

Because she is not guilty, Ghislaine has consistently and continuously pleaded not guilty and adamantly denies the charges brought against her. In the only case in which she did appear she gave multiple depositions and did not plead the 5th Amendment. She is confident that any impartial jury will find her not guilty of the charges she is facing.  

It is a fundamental right of any U.S. citizen to confront their accusers. However as of April 2, 2021, the government has refused to reveal specific evidence, dates, and details underpinning the charges. Ghislaine's request for Discovery as to Accusers was denied by the Judge's Order. 

Ghislaine has read the following books and publications:

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Ghislaine's Appeal

Why and on what grounds is Ghislaine appealing?

As with any US citizen, Ghislaine has the right to appeal the jury verdict (delivered on 29 December 2021) and the sentence handed down (on 28 June 2022). Neither she nor her legal team believe she received a fair trial due to significant judicial error as well as errors in due process and the verdict reached must therefore be considered ‘unsafe’ Click Here to read the appeal.

When is the Appeal launched, who will hear it, where will it take place and how long for a ruling to be handed down?     

Ghislaine’s Appeal has been filed on February 28, 2023.

 

Her Appeal is made to the Second Circuit Court of Appeals which sits in New York City at the Thurgood Marshall U.S. Courthouse in lower Manhattan (which is where Ghislaine’s trial took place). Three appellate court judges sit on each case panel

 

From the lodging of the Appeal, the prosecution has three (3) months to respond and Ghislaine’s legal team then have one (1) month to rebut, with a brief oral hearing taking place thereafter in front of the judging panel. Following the hearing it can take several months for a ruling to be handed down.

Which law firm is representing Ghislaine at her Appeal?

Ghislaine’s Appeal is being handled by the Law Firm of Aidala. Bertuna & Kamins. The firm’s Managing Partner, Arthur L. Aidala said the appeals process would not be about Maxwell’s guilt or innocence, but “whether the judge who decided the case made the correct decision(s)”

“We believe the trial judge made mistakes —“She [Ghislaine] did not get a fair trial, the judge ignored the many claims of malnourishment, living with vermin in her cell, lack of sleep, and overall deplorable conditions. There were also issues regarding lack of access to her lawyers. This is all in violation of her fundamental constitutional rights and will be powerfully brought to the attention of the appellate courts.”

Is there a difference between Trial and Appeal Courts?

Conditions of Ghislaine's imprisonment:

What does a typical day for Ghislaine consist of?

Does Ghislaine believe she has changed?

Does Ghislaine consider herself to be a victim?

While trial courts deal with the facts in question, appellate courts are concerned with whether the law has been properly applied and will review any perceived judicial mistakes. Trial courts and appellate courts also differ in other ways, such as the presentation of evidence, timing and the ruling party.

GM: Until you’ve been here you really don’t understand how appalling it is.

So they wake you up at six and you can go to breakfast which consists of a cereal and a fruit, a piece of fruit generally; and then you have to make your bed sort of military style so that there's nothing sticking out or whatever.  It has to be a sort of prescribed way otherwise you get into trouble and you get what's called a shot.

 

And then at 7:30 you go to work and for me that means I go to the law library to help people so they have detainers or they have warrants, or they are trying to appeal their case. Or they are asking about the First Step Act. Or they are asking how credits are applied to their time, sort of thing and I answer those types of questions. I also help people fill out their administrative remedy.
 

And that is until 10 o'clock and then you have to come back in until they call lunch around 10.30. The portion control is very odd. And then because I’m on a no meat diet, you are supposed to have either hummus or cottage cheese or tofu but mostly, I’d say about 95%, it's tofu or beans and 95% of the time it’s beans otherwise you have like a tofu substitute.  And there's no seasoning allowed. There's no salt and no pepper or anything and It's beyond tasteless.

 

And then you go back to work at 12 And that lasts until 3.30 when you come back and you have a stand up headcount at 4.  And if you are lucky, they call Recreation at some point during the day. And if you are at work, you miss it. And if you are not [working] you get to go out for an hour.

GM: I haven’t changed. I mean obviously an experience like this changes you but I’m still the same person that I was. The person that they are talking about, this is a fictional version of me, sort of like a Disney character where you know, you have Cinderella and the Wicked Witch, if you will, I have been created as this person.

GM: I don't particularly like the word “victim”. I think it's one that should be used very sparingly. I'm going to wait until post appeal to evaluate aspects of my life, but I won't use that word 'victimhood'. 'Obviously, an experience like this changes you, but I'm some of the same person I was. And so rather than look at what I've lost, I'm trying to look at what I've gained.

What if anything does Ghislaine have to say to the victims of Jeffrey Epstein?

GM: I say that Epstein died and they should take their disappointment and upset out on the authorities that allowed that to happen. And as I said I hope that they have some closure by the judicial process that took place and I wish them time to heal and to be able to have a productive and good life going forward; and that's what I hope for them.

Ghislaine on the that infamous picture

of Prince Andrew with Virginia Giuffre

Is the photo genuine and the alleged lead-up to it being taken?

GM: I recognise my house so from that aspect, but that image I don’t believe is true and the original has never been produced because it doesn’t exist. As soon as the appeal is over I will be very happy to discuss the - I don’t know how many points there are - but over 50 problems with the picture.

 

I don’t believe it happened and, certainly the way I’ve described would have been impossible. I don’t have any memory of going to Tramp and certainly not in the outfit that I would have worn.

 

Her [Virginia Giuffre’s] stories have changed so many times about what happens, when it happened, how it happened with different versions; and each time she speaks there’s a different version. In fact, if you look at her BBC Interview on Panorama, I believe she says that he [Prince Andrew], I can’t remember, he kind of heaved, actually that he puked on her face – which was the only time she’s ever said that.

 

I read a lot of her deposition and in her depo her statements are very categorical, and her stories are very detailed and elaborate.  If her memory is so poor then how can you rely on anything that she said … Her memory is so bad that you can’t really credit anything she said; or it is more disingenuous than that - I can’t obviously tell you which it is, only she knows definitively the answer to that, you know. And like I said, I think once you retract on two men that you made claims against on the grounds that your memory is faulty, like I said I think that you know, you have to question everything that she says.

What happens if Ghislaine wins her Appeal: will her friends accept her back?

GM: Well I can’t know what my friends will do or won’t do. I mean, my focus won’t be on that. I will always turn to what I’ve now decided will form the rest of my life which is how can I help other people who are or have been incarcerated.

The Family's Appeal to the United Nations Working Group on Arbitrary Detention

What is the status of the Family’s Appeal to the United Nations?

The family sent an Application into the United Nations Committee on Arbitrary Detention on November 23, 2021.  You can read the English Translation here and Press Release . There is no formal time procedure for such applications but please check back for updates here on this important matter. 
You can see the relevant rules of the Nelson Mandela Rules here

Is Ghislaine still reading a lot of books? What are some recent favorites?

Ghislaine keeps herself informed about what’s going on the world by tuning in when she can to the BBC World Service. She also continues to read voraciously. Below are some of her most recent books:

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When the Judge ruled against Ghislaine's Motion for a New Trial, what happened then? 

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The Judge proceeded towards Sentencing, setting a Sentencing Date for June 28, 2022. The Maxwell Family immediately put out a Statement: https://twitter.com/LuciaOC_/status/1512087345238929419/photo/1

Who is Scotty David, “Juror 50” and what did he do?

It came to the attention of both the Defense and Prosecution  on January 4th 2022, that  one of the jurors at trial had been giving oral and videotaped interviews to the press concerning jury deliberations in the case. Among other things, the Juror told reporters that he disclosed to the other members of the jury during deliberations that he was a victim of sexual abuse and further descried his memory of those events.  According to the Juror, his disclosure influenced the deliberations and convinced other members of the jury to convict Ms. Maxwell” [Docket #569]

 

A second Juror “described in an interview with The New York Times having been sexually abused as a child. This juror, who requested anonymity, said that they, too, had discussed the experience during deliberations and that the revelation had appeared to help shape the jury’s discussions.” New York Times, Jan 5, 2022 HOTLINK  The judge [Nathan] decided to hold a Hearing and compelled Juror 50 to come to the Hearing and answer questions. [hotlink to Daily Mail tape and interview]

The Defense Full Motion for a ReTrial was submitted on January 19 under seal. However, these claims are outlined in an earlier [hot link to her  pdf of Doc 568] request to the Court for a Hearing about Juror # 50 from the Prosecution to Judge Nathan and  two letters from the Defense [Hot links to pdfs of both Docs 569 & 570] requesting a Mistrial be ruled “under Rule 33” with no need for any hearing.

Since the guilty verdict, claims of Jury misconduct have emerged – what are these claims and how many jurors are potentially involved?

You can read about the claims by the Defense and Prosecution here and you can see Scotty David’s full interview with the Daily Mail here; and a short clip of the actual moment on video when Juror # 50 is reminded that there was a question (#48) specifically about sexual abuse and watch Scotty David respond.

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