- by foxnews
- 02 Aug 2025
"Even more remarkably, the government advances an interpretation of its non-prosecution agreement that flips its plain meaning on its head," the brief said. "Promising 'not to prosecute' somehow meant preserving the right to prosecute. That is not contract interpretation; it is alchemy."
Federal prosecutors have previously taken the stance that the agreement made by Epstein was only valid in Florida, with Maxwell's charges being brought in New York and therefore disqualifying her from benefiting from the deal.
However, Maxwell's defense team asserted in the brief that the terms agreed upon did not include a restriction based on location.
"It is not geographically limited to the Southern District of Florida, it is not conditioned on the co-conspirators being known by the government at the time, it does not depend on what any particular government attorney may have had in his or her head about who might be a co-conspirator, and it contains no other caveat or exception. This should be the end of the discussion," the brief said.
Federal prosecutors have argued Maxwell could not use the conditions outlined in the agreement because she was not a named party within it - a stance that her legal team deems incorrect.
"The government also suggests that Petitioner is not entitled to enforce the NPA because she was not a party to it and was not named in it," the brief said. "But as the court below recognized and as hornbook contract law dictates, Maxwell has standing to enforce the agreement as a third party beneficiary."
"No one is above the law - not even the Southern District of New York," David Markus, Maxwell's attorney, said in a statement. "Our government made a deal, and it must honor it. The United States cannot promise immunity with one hand in Florida and prosecute with the other in New York. President Trump built his legacy in part on the power of a deal - and surely he would agree that when the United States gives its word, it must stand by it. We are appealing not only to the Supreme Court but to the President himself to recognize how profoundly unjust it is to scapegoat Ghislaine Maxwell for Epstein's crimes, especially when the government promised she would not be prosecuted."
The DOJ did not immediately respond to Fox News Digital's request for comment.
Maxwell is currently serving 20 years in federal prison after she was found guilty of working alongside Epstein to sexually abuse and exploit young girls.
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