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Case 1:19-cr-00490-RMB Document66- Filed 07/29/25 Page 5of 10 nature of the instant request, it is also (like the Court) faced with a broad public interest in the underlying proceedings. 2. Whether the Defendant to the Grand Jury Proceeding or the Government Opposes the Disclosure The second factor asks whether the defendant or the Government opposes public disclosure of grand jury materials. See In re Craig, 131 F.3d at 106; see also Lawyers’ Committee for 9/11 Inquiry Inc. v. Garland, 43 F.4th 276, 285-86 (2d Cir. 2022) (affirming denial of motion to disclose grand jury materials where the Government opposed release). A defendant’s opposition to public disclosure is not dispositive. See In re Grand Jury Proceedings GJ-76-4 & GJ-75-3, 800 F.2d 1293, 1305 (4th Cir. 1986) (affirming district court’s decision to disclose grand jury transcript and exhibits over defendant corporation’s objection). Defendant Epstein has passed and therefore cannot assert a position.*? Defendant Maxwell has indicated that she expects “to craft a response and set out [her] position to the Court.” (Maxwell Dkt. 793). 3. Why Disclosure Is Being Sought in the Particular Case The third factor considers “why disclosure is being sought in the particular case.” Jn re Craig, 131 F.3d at 106. The Second Circuit in Jn re Craig held: “Tt is . . . entirely conceivable that in some situations historical or public interest alone could justify the release of grand jury information.” /d. As described above and in the underlying motions, there is undoubtedly a clearly expressed interest from the public in Jeffrey Epstein’s and Ghislaine Maxwell’s crimes. Beyond that, there is abundant public interest in the investigative work conducted by the Department of Justice and the Federal Bureau of Investigation into those crimes. See Jn re Am. Hist. Ass’n, 49 F. 3 As noted below, the Government has not received any outreach from Epstein’s surviving family concerning the instant motion. DOJ-OGR-00000750