Case 1:19-cr-00490-RMB Document 61 Filed 07/18/25

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“It is a tradition of law that proceedings before a grand jury shall generally remain secret.” In re Biaggi, 478 F.2d 489 (2d Cir. 1973). “[T]he tradition of secrecy,” however, “is not absolute.” In re Petition of Nat. Sec. Archive, 104 F. Supp. 3d 625, 628 (S.D.N.Y. 2015). Although Rule 6(b)(3) of the Federal Rules of Criminal Procedure generally lists the exceptions to grand jury secrecy, the Second Circuit has recognized that “there are certain ‘special circumstances’ in which release of grand jury records is appropriate even outside the boundaries of the rule.” In re Craig, 131 F.3d 99, 102 (2d Cir. 1997); see also Carlson v. United States, 837 F.3d 753, 767 (7th Cir. 2016) (“Rule 6(e)(3)(E) does not displace that inherent power. It merely identifies a permissive list of situations where that power can be used.”). One such “special circumstance” is historical interest by the public. In re Craig, 131 F.3d at 105. Under In re Craig, this Court retains discretion to determine “whether such an interest outweighs the countervailing interests in privacy and secrecy[.]” Id.

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Public officials, lawmakers, pundits, and ordinary citizens remain deeply interested and concerned about the Epstein matter. Indeed, other jurists have released grand jury transcripts after concluding that Epstein’s case qualifies as a matter of public concern. See Order Granting Plaintiff’s Motion for Reconsideration of the Trial Court’s February 29, 2024 Order, CA Florida Holdings, LLC v. Dave Aronberg and Joseph Abruzzo, 50-2019 CA-014681 (15th Cir. July 1, 2024).³ After all, Jeffrey Epstein is “the most infamous pedophile in American history.” Id. The facts surrounding Epstein’s case “tell a tale of national disgrace.” In re Wild, 994 F.3d 1244, 1247 (11th Cir. 2021) (discussing the plea agreement secured by Epstein in Florida). The grand jury records are thus “critical pieces of an important moment in our nation’s history.” In re Petition of Nat. Sec. Archive, 104 F. Supp. 3d at 629. “The time for the public to guess what they contain

3 https://www.mypalmbeachclerk.com/home/showpublisheddocument/4194/638554423710170000.

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