Celebrity attorney Alan Dershowitz has lost an audacious legal bid to gain access to a trove of confidential papers naming some of the Jeffrey Epstein's closest associates.
The top secret documents are part of a historic defamation case that Virginia Giuffre, previously known as Virginia Roberts, brought against the dead pedophile's alleged madam and facilitator, Ghislaine Maxwell, who was arrested Thursday in New Hampshire and is due to appear in court later.
The cache is subject to a long-standing protective order but attorneys for Dershowitz, 81, argued that it contains depositions and materials crucial for his own defense as he battles Giuffre in a separate, ongoing defamation case.
Senior US District Judge Loretta Preska turned down the Harvard professor's request this week saying he had not presented 'an extraordinary circumstance or compelling need' to overturn the 2016 protection order made by her deceased predecessor, Judge Robert Sweet.
Attorneys for Alan Dershowitz, 81, argued that it contains depositions and materials crucial for his own defense
Dershowitz is battling Epstein victim Virginia Giuffre in a separate, ongoing defamation case
The top secret documents are part of a defamation case that Epstein's victim Virginia Giuffre brought against his alleged madam Ghislaine Maxwell
She also criticized the sweeping nature of Dershowitz's demand for 'all fillings and discovery materials' relating to the 1,000-plus dockets filed in the Southern District of New York in the Giuffre-Maxwell case.
'In other words, it is not a targeted strike that Mr. Dershowitz proposes, but a carpet bombing,' Preska quipped in a judgement published Tuesday.
She was equally scathing, however, of Guiffre's legal arrangements after learning that her lawyers in the Maxwell case had handed over the very same confidential materials to her current law firm, Cooper and Kirk.
Since the Maxwell proceedings were long-concluded nobody could be actively working on the case, Preska reasoned.
She concluded that Giuffre's legal team was in breach of Judge Sweet's order, ordering Cooper & Kirk to destroy all copies of the materials in their possession.
Epstein was found dead in his New York jail cell last August 10, the official verdict of suicide by hanging still hotly still disputed by his family and former legal team
The undoubted winner from the latest round of legal maneuvers was an unidentified 'John Doe' who is believed to be one of numerous public figures linked to Epstein now trying to stop their name getting into the public domain.
The mystery party's attorneys Nicholas Lewin and Paul Krieger had argued that allowing Dershowitz access would derail the painstaking legal protocol already agreed upon to decide how and when materials in the Maxwell-Giuffre case should be unsealed.
'This marks Dershowitz's second – or, by some measures, third – attempt to make an end-run around this Court's carefully constructed unsealing protocol,' they stated in a letter to the court.
In a rare confluence of interests, lawyers for Maxwell and Giuffre all agreed at a teleconference last week that giving Epstein's outspoken former attorney confidential materials and depositions from a case he was not involved in, would spark 'leakage concerns.'
The Giuffre-Maxwell case ended five years ago but Giuffre's attorneys have fought a protracted legal battle to have documents containing the names of numerous 'non parties' unsealed.
Preska ruled last May that she would unveil portions of documents on a rolling basis once the named individuals had been notified and given the opportunity to lodge legal objections.
Judge Loretta Preska said Dershowitz had not presented 'an extraordinary circumstance or compelling need' to overturn the 2016 protection order
Dershowitz, one of the attorneys who secured a much-criticized plea deal more than a decade ago in Florida, has called Giuffre a 'complete, total liar' in her allegations against Epstein
Maxwell continues to protest her innocence and has resisted Giuffre's motion, claiming the papers should be 'afforded the lowest presumption of public access'.
The British-born socialite, accused of recruiting young girls for the billionaire predator and being present herself while abuse was taking place, has not been seen in public since Epstein's death.
The Duke of York has denied Giuffre's claims and Maxwell has also denied her involvement. Epstein and Prince Andrew are spotted in 2011
Giuffre claims she was among those trafficked by Epstein and forced to have sex with rich, powerful men including Britain's Prince Andrew and Dershowitz.
Dershowitz, one of the attorneys who secured a much-criticized plea deal more than a decade ago in Florida, has called Giuffre a 'complete, total liar.'
Insisting the pair never met, let alone had sex, he has repeatedly challenged his accuser to voice her allegations publicly and unequivocally, claiming she was afraid of perjuring herself.
But in the recent documentary series, Jeffrey Epstein: Filthy Rich, Giuffre did just that, saying on camera: 'I was with Alan Dershowitz multiple times. At least six that I can remember. I was trafficked to Alan Dershowitz from Epstein.'
Dershowitz counter-sued last November, saying Giuffre 'spread malicious lies' and falsely smeared him as a 'sexual predator, pedophile, abuser, child molester and other negative epithets' to extort a settlement.
He also made an appearance in the Netflix show, saying: 'Let me state categorically: I never had sex with an underage person in my life.
'Even when I was an underage boy, I never had sex with an underage girl. I never had sex with anyone related to Jeffrey Epstein.'
Giuffre was allegedly recruited to become Epstein's sex slave in 1999, and has been at the center of much of the Epstein scandal since it first came to light, most notably for her claims against Prince Andrew.
In his pomp, Epstein was a close associate of some of the world's richest, powerful men, including Donald Trump, Bill Clinton, director Woody Allen and Saudi leader Mohammad bin Salman.
Epstein was a close associate of some of the world's richest, powerful men, including Donald Trump, Bill Clinton, director Woody Allen and Saudi leader Mohammad bin Salman
Donald Trump and future wife Melania Knauss, Jeffrey Epstein, and British socialite Ghislaine Maxwell pose together at the Mar-a-Lago club, Palm Beach, Florida, February 12, 2000
In 2008 he became a registered sex offender after pleading guilty to Florida state charges of unlawfully paying a teenage girl for sex.
However Epstein served a mere 13 months in jail, much of the time allowed out on work release, after agreeing a controversial 'sweetheart deal' to avoid federal charges.
Clinton and Trump both said they hadn't seen Epstein in years and knew nothing of his misconduct when new charges were brought against him in July 2019, accusing him of trafficking girls as young as 14 to provide 'massages and sex acts' in Florida and New York.
More than a dozen more women, not previously known to law enforcement, came forward to accuse him of sex abuse after the charges, which carried a prison sentence of up to 45 years, were made public.
However Epstein was found dead in his New York jail cell last August 10, the official version of suicide by hanging hotly disputed by his family and former legal team.