Spiegel Stuff: The Gavel: Todd Blanche phones a friend on Epstein

By Ella Lee and Zach Schonfeld | Wednesday, July 23

Todd Blanche phones a friend on Epstein

Deputy Attorney General Todd Blanche is phoning a friend as the administration deals with fallout over the Epstein files.

President Trump's former personal attorney-turned-Justice Department deputy announced Tuesday that he would initiate talks with a lawyer for Ghislane Maxwell, disgraced financier Jeffrey Epstein's accomplice.

Left unmentioned: the lawyer, David Oscar Markus, happens to be a friend.

"I know a lot of people that have worked with you. I know a lot of people who know you very well," Blanche told Markus last year while appearing for an hourlong sit down on his podcast.

"I now consider you a friend and someone who I know pretty well," Blanche added. "You are — by far, are — the best out there."

Trump has been on a collision course with much of his MAGA base after the Justice Department (DOJ) stated Epstein did not have a "client list" and his 2019 death was indeed a suicide, two flashpoints for conspiracists who have for years claimed the government is covering up the truth. The president has expressed increasing frustration as many of his supporters press for more information or the appointment of a special prosecutor.

Responding to the pressure, Blanche last week signed a motion seeking to unseal grand jury transcripts from the criminal investigations into both Epstein and Maxwell.

Two judges on Tuesday set a schedule for briefing the matter, ordering the government to turn over the sealed grand jury material and make more detailed arguments by July 29. Submissions from Maxwell, Epstein's representatives and victims are due Aug. 5. The judges promised to rule "expeditiously" afterwards.

Once Blanche filed the motion, he contacted Markus.

In a statement posted to X Tuesday by Attorney General Pam Bondi, Blanche said he "communicated" with Maxwell's counsel to determine whether she would be willing to speak with DOJ prosecutors and anticipated meeting with her in "coming days."

"Until now, no administration on behalf of the Department had inquired about her willingness to meet with the government," Blanche said. "That changes now."

Asked about it in the Oval Office Tuesday, Trump said it sounded like an "appropriate" step.

"No, I have no concern, he's a very talented person," Trump said of Blanche. "He's very smart. I didn't know they were going do it."

Markus confirmed the talks, saying that Maxwell would "always testify truthfully" and expressing gratitude to Trump for his "commitment to uncovering the truth in this case." He declined to comment further.

Hours later, Markus asked a judge for permission to review the grand jury transcripts so he can decide whether to support Blanche's request to unseal them. Blanche doesn't oppose Markus gaining access, the court filing shows.

A chance to speak with DOJ prosecutors would be a boon for Maxwell, who is currently serving a 20-year prison term for helping Epstein carry out his sex trafficking scheme. Epstein's former lawyer, Alan Dershowitz, said Monday that she "knows everything" and should be granted immunity to testify before Congress.

"She is the Rosetta Stone," he said in an interview with "Fox News Sunday." "She knows everything. She arranged every single trip with everybody. She knows everything."

Maxwell is meanwhile urging the Supreme Court to review her conviction. In the petition, Markus argued it violated a 2007 non-prosecution agreement a U.S. attorney agreed to with Epstein in exchange for him pleading guilty to Florida state charges.

In court filings last week, Solicitor General D. John Sauer pushed back that Maxwell's case would be an "unsuitable candidate for further review."

It's not the only high-profile case where Markus, who teaches at University of Miami law school and hosts the "For the Defense" podcast, is on the other side of the table from Trump or his administration.

Markus represents Hillary Clinton in Trump's lawsuit claiming she and others "maliciously conspired to weave a false narrative" of Russian collusion during his 2016 presidential bid. A federal judge dismissed the case and sanctioned Trump's lawyers. Trump's bid to revive the case heads to an appeals panel for oral arguments in November.

Blanche entered Trump's world when the then-former president was indicted in Manhattan, forced to leave his cushy law firm job to take Trump on as a client. Blanche felt shunned by much of the criminal defense bar, a feeling that grew as many defense attorneys egged on the Manhattan district attorney's prosecution on television — but not Markus.

"It cannot be that defendants like Jeffrey Epstein, defendants like even Hunter Biden, right, who — and I don't mean any disrespect to them," Blanche told Markus on his podcast.

"But they can have Big Law represent them and the Big Law lawyers get awards, they get to go to galas, they get they speak, they're posting on the LinkedIn how amazing they are," Blanche continued. "But that if you're representing somebody like the former president of the United States in a white-collar case, that I have to leave my law firm."

Markus sympathized, at one point saying, "it must drive you bananas."

"It's something, man," Blanche opined.

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IN FOCUS

Santos goes to prison; DOJ not rushing birthright; Habba out

George Santos to report to prison

George Santos, the fabulist former New York Republican lawmaker, is set to report to prison Friday — and he's had a lot to say about it.

"It's an understatement to say that I have started to dissociate," Santos wrote in a post on X Monday.

After pleading guilty to wire fraud and aggravated identity theft, Santos's X account has become a diary filled with stream-of-consciousness entries building toward the start of his more than seven-year prison term.

In between posts about politics, Santos's X account has left breadcrumbs about his mindset heading into Friday.

"Can we write to you in prison?" one user asked in the replies of a July 19 post by Santos.

"I kindly ask not to," he replied. "It wouldn't help me at all."

The post pinned to Santos's account, which came amid the Epstein firestorm, warned his followers about what to expect from his time incarcerated.

"I'm heading to prison, folks and I need you to hear this loud and clear: I'm not suicidal. I'm not depressed. I have no intentions of harming myself, and I will not willingly engage in any sexual activity while I'm in there," Santos wrote. "If anything comes out suggesting otherwise, consider it a lie…full stop."

He referenced "horrifying" statistics about the experiences of gay men in Bureau of Prisons custody as reason for making the post.

"So if something does happen, there's no confusion," he wrote. "I did NOT kill myself."

After his sentencing, Santos embarked on a public effort to to seek a commutation from Trump. Santos has since said one won't be coming, placing the blame in recent days on some of his former Republican colleagues in the House.

Santos's comments haven't been restricted to social media. In an interview with ex-Fox News host Tucker Carlson, Santos said he fears he won't make it out of prison.

"I don't know that I'll survive it," Santos said earlier this month. "They're putting me in a violent prison. I'm not a streetwise guy; I don't know how to fight."

Santos has not revealed at which prison he'll serve his time. The judge overseeing his case requested he be housed in a facility "within the North-East region of the United States."

DOJ not rushing in birthright citizenship fight

The Trump administration is in no rush to lift the latest nationwide block on the president's effort to restrict birthright citizenship.

Almost two weeks after U.S. District Judge Joseph Laplante prevented the administration from using the executive order to deny citizenship to anyone, the Justice Department has yet to file an appeal.

The administration still has a lengthy window to do so. But it reveals a lack of urgency as compared to some other cases, where emergency appeals have moved at lightning speed.

Laplante's ruling came after the Supreme Court last month clawed back judges' ability to issue universal injunctions that block the president's policies nationwide.

The justices did not address the constitutionality of Trump's executive order, which would deny birthright citizenship to a newborn if they don't have at least one parent with permanent legal status.

Instead, the ruling enabled the administration to potentially deny citizenship to babies as soon as 30 days later — this Sunday — while still leaving plaintiffs with tools in their toolbox.

Laplante became the first judge to agree with plaintiffs that they could forge ahead via a class-action lawsuit. An appointee of former President George H.W. Bush, Laplante blocked Trump's executive order by provisionally certifying a nationwide class of unborn babies who would be denied citizenship.

With no appeal in sight yet, several other judges could soon issue additional blocks in response to separate lawsuits.

U.S. District Judge Deborah Boardman, an appointee of former President Biden who serves in Maryland, said she will block the executive order for a nationwide class if an existing case is returned to her court.

That case currently rests with the 4th U.S. Circuit Court of Appeals, where the plaintiffs are pushing for it to be sent back to Boardman. The Justice Department is due to respond in writing Thursday.

In New York, U.S. District Judge Margaret Garnett, another Biden appointee, has signaled she wants to rule by Friday on a near-identical motion in a case brought by the New York Immigration Coalition, Rural & Migrant Ministry and three new or expectant mothers.

Meanwhile, two coalitions of Democratic states suing are pursuing a pathway that doesn't involve class actions.

The Supreme Court's decision stressed that plaintiffs are still entitled to "complete relief," even in the post-universal injunction era. The states contend a blanket ban is necessary to afford them that, arguing a patchwork injunction that only applies to some areas of the country would cause chaos when migrants inevitably move across state lines.

The Justice Department pushed back, contending the states can't "demand wildly overbroad relief" exceeding courts' powers.

U.S. District Judge Leo Sorokin, an appointee of former President Obama who serves in Boston, has been working on his decision since a hearing last Friday.

A similar battle is underway in the 9th U.S. Circuit Court of Appeals, where a three-judge panel is considering a lawsuit brought by another group of four Democratic-led states.

Judges oust Alina Habba; DOJ removes her replacement

U.S. District Court of New Jersey judges on Tuesday declined to extend Alina Habba's interim term as the state's top federal prosecutor, instead tapping her first assistant to assume the post.

But the Trump administration might have another trick up its sleeve that could keep Habba in the role.

Last week, the Justice Department implemented a loophole to keep a different embattled top prosecutor in his role under similar circumstances.

When judges on the U.S. District Court for the Northern District of New York declined to extend the interim tenure of John Sarcone, Trump's pick for the top prosecutor there, DOJ gave him a new, equally powerful title.

The New York Times reported that Sarcone was named "special attorney" to Bondi — a title with the powers of a U.S. attorney, but this time, powers he retains indefinitely. The new role means Sarcone will serve as both acting U.S. attorney for the district and its first assistant, the Times reported.

The Justice Department declined to comment on whether it plans to make the same move for Habba.

However, the ball might already be rolling.

Bondi wrote on X that Desiree Grace, Habba's first assistant who was tapped to take over the role, has been "removed" since "politically minded judges" refused to let Habba continue in the position.

The Gavel asked the Justice Department whether Grace was "removed" from the position of first assistant or from the office altogether.

"This Department of Justice does not tolerate rogue judges — especially when they threaten the President's core Article II powers," Bondi wrote.

Other top officials have expressed confidence in Habba's ability to lead the office and frustration that her tenure could be over.

After the court issued the terse standing order appointing a new U.S. attorney, Blanche suggested the judges were trying to "force" Habba out before the end of her term. (He claims it ends Friday before midnight, but the 120-day clock since her appointment runs out today).

"Their rush reveals what this was always about: a left-wing agenda, not the rule of law," Blanche wrote Tuesday. "When judges act like activists, they undermine confidence in our justice system. Alina is President Trump's choice to lead—and no partisan bench can override that."

Despite criticism from top Democrats, Trump's allies have stuck in her corner. Mike Davis, a legal ally to the president who runs the Article III Project, filed an ethics complaint against House Minority Leader Hakeem Jeffries (D-N.Y.) accusing him of "strong-arming" the judges to fire Habba after Jeffries urged the judges not to retain her.

Criticism of Habba's time in the role stemmed mainly from the arrests and charges against Newark, N.J., Mayor Ras Baraka (D) and Rep. LaMonica McIver (D-N.J.) over an incident at a U.S. Immigration and Customs Enforcement facility.

A trespass count against Baraka was dropped, but McIver is still fighting her criminal charges in court. She has pleaded not guilty to three counts of assaulting, resisting, impeding and interfering with federal officers.

Though her future is uncertain, Trump's allies say she has the president's full support — so this might not be the last we see of her yet.

SIDEBAR

5 top docket updates

Trump sues WSJ: Trump sued The Wall Street Journal for $20 billion Friday, claiming defamation over its story that states Trump sent a "bawdy" letter to Epstein for his 50th birthday in 2003.
'Big, beautiful bill' legal drama: A federal judge late Monday indefinitely extended her block on a provision in the GOP's new tax cut and health law that blocks Planned Parenthood from receiving Medicaid reimbursements. The new ruling frees the administration to begin appealing.
California high-rail lands in court: California sued the Trump administration Thursday after the president announced he was terminating more than $4 billion in federal grant funding for the state's high-speed rail program. Trump on Truth Social called the project "disastrously overpriced" and a "boondoggle."
First major trial of Trump's term ends: A federal judge heard closing arguments Monday in a bench trial over the Trump administration's crackdown on pro-Palestinian campus activists. He's expected to issue a written ruling deciding the case.
Breonna Taylor officer sentenced: Brett Hankison, a Louisville police officer convicted in connection with a botched raid that resulted in Breonna Taylor's death, was on Monday sentenced to more than two years in prison, days after the government had asked a judge not to incarcerate him.

In other news

Many gnawing questions: A summer associate at Sidley Austin was let go after biting people at work, Above the Law reports.
Cuomo cash out: New York will pay $450,000 to settle a lawsuit brought by an ex-aide to Andrew Cuomo, who alleged he sexually harassed her while he was governor. Cuomo is now running for New York City mayor.
Teary attorney: A government lawyer representing the Trump administration in its battle against Harvard broke down in tears while talking about being an alumnus of the university at the end of his rebuttal, according to our sister network NewsNation.
Rowing to Roberts: A group of Maine kayakers last week paddled to the island summer home of Chief Justice John Roberts to protest the court, photographer Jim Dugan told us. Dugan said in an email that the kayakers were organized by the Knox County Democratic Committee and AudacityCAT.
YSL, again: Fulton County prosecutors hit an Atlanta defense attorney with a dozen charges over allegations she smuggled drugs for one client in the YSL racketeering case and helped another obstruct a fatal shooting investigation.

ON THE DOCKET

Don't be surprised if additional hearings are scheduled throughout the week. But here's what we're watching for now:

Today

A federal judge in Washington, D.C., is set to hold a preliminary injunction hearing in the director of the U.S. Copyright Office's lawsuit over Trump's appointment of Todd Blanche as acting Librarian of Congress. The director, Shira Perlmutter, previously held the role.
Another D.C. federal judge is set to hold a temporary restraining order hearing in a lawsuit claiming the Department of Agriculture unlawfully sought to collect information on tens of millions of SNAP applicants.
A federal judge in New York is set to hold a hearing to discuss the scope of an injunction in a lawsuit challenging the elimination of Job Corps, the nation's largest residential career training program, given the Supreme Court's ruling curtailing nationwide injunctions.

Thursday

A federal judge in Washington, D.C. is set to hold a temporary restraining order hearing in the National Fair Housing Alliance's lawsuit over the Trump administration's freezing of Fair Housing Initiatives Program grants.
Another federal judge in D.C. will weigh how a recent prisoner swap, which freed Venezuelans the U.S. sent to a Salvadoran megaprison, impacts his previous ruling that the migrants are entitled to mount a legal challenge to their deportations.
A federal judge in Rhode Island will hear from nearly two dozen recipients of federal domestic violence grants, who seek a temporary restraining order blocking the administration from freezing their grant funding from the Department of Health and Human Services and the Department of Housing and Urban Development.

Friday

Ex-Rep. George Santos (R-N.Y.) is scheduled to report to prison to begin serving his more than seven-year prison term after pleading guilty to wire fraud and aggravated identity theft.
A federal judge in Maryland is set to hold a hearing regarding imminent motions and next steps in a lawsuit challenging the termination of Temporary Protected Status (TPS) designations for Afghanistan and Cameroon, first made in 2022 and later extended into 2025.

Monday

The U.S. Court of Appeals for the 9th Circuit is set to hear oral arguments in the Trump administration's request for a stay of a temporary restraining order blocking immigration raid practices in Los Angeles for now.

Tuesday

The U.S. Court of Appeals for the 1st Circuit is set to hear oral arguments in the Justice Department's appeal of an injunction blocking the Trump administration's changes to immigration parole programs.
A federal judge in Maryland is set to hold a preliminary injunction hearing in two migrants' class-action lawsuit over Immigration and Customs Enforcement holding them in Baltimore in holding rooms meant to be temporary.
A Rhode Island federal judge is set to hold a preliminary injunction hearing in domestic violence groups' lawsuit against Pam Bondi over DOJ's Office on Violence Against Women's demand that grant recipients certify compliance regarding immigration and diversity, equity and inclusion.