Ghislaine Maxwell, long associated with the disgraced financier and convicted sex offender Jeffrey Epstein, is urging a federal judge to deny a request from the Trump administration to unseal grand jury records related to her case. In a legal filing on Tuesday, her attorney David Oscar Markus emphasized that Maxwell’s rights and legal options remain active and that unsealing such confidential materials would set a troubling precedent.

“Jeffrey Epstein is dead. Ghislaine Maxwell is not,” Markus stated bluntly in his filing. His point underscores a legal distinction that is central to the defense’s argument: while Epstein’s death in 2019 closed the chapter on his personal criminal liability, Maxwell continues to challenge her conviction and therefore retains due process rights that must be preserved.

The motion to unseal the grand jury transcripts stems from renewed interest—particularly among supporters of President Donald Trump—in uncovering more details surrounding Epstein’s network. This wave of scrutiny intensified after the FBI and Department of Justice issued a memo asserting that Epstein had no formal “client list” and that his death in a Manhattan jail cell was officially ruled a suicide. Many have questioned that conclusion, fueling conspiracy theories and continued public curiosity about who may have been connected to Epstein’s criminal enterprise.

Despite this public pressure, Maxwell’s legal team contends that releasing the grand jury materials would violate long-standing legal protections. “Whatever interest the public may have in Epstein, that interest cannot justify a broad intrusion into grand jury secrecy in a case where the defendant is alive, her legal options are viable, and her due process rights remain,” Markus argued.

Under federal law, grand jury proceedings are typically kept confidential to protect the integrity of the process and the privacy of those involved. Exceptions are rare and usually require a strong showing of public interest that outweighs these foundational principles.

Interestingly, Maxwell herself had sought access to the grand jury transcripts to help her prepare a defense or respond to any potential government disclosures. While prosecutors did not oppose her request, U.S. District Judge Paul Engelmayer—a Barack Obama appointee—denied it, citing established precedent. In his ruling, Engelmayer wrote, “It is black-letter law that defendants generally are not entitled to access grand jury materials.”

This puts Maxwell in a procedural bind. As Markus pointed out in Tuesday’s filing, she is being asked to respond to a motion without knowing what’s in the documents at issue. “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,” he added.

As the debate unfolds, two of Epstein’s victims have submitted letters to the court expressing concern about the motivation behind the push for unsealing and arguing that their voices are not being adequately heard. Judge Engelmayer has invited other victims to submit statements as well, giving them until the end of Tuesday to do so.

The Justice Department has until Friday to reply to the victims’ letters and to clarify whether it intends to release not only the grand jury transcripts but also the exhibits presented to the jury. Only after this round of responses will Judge Engelmayer decide whether the materials will be made public.