Sex trafficking convict plans to invoke constitutional protections rather than cooperate with House Oversight probe
Convicted Sex Trafficker Declines Congressional Interview Through Fifth Amendment Invocation
Ghislaine Maxwell, the convicted co-conspirator of late sex offender Jeffrey Epstein, will refuse to answer questions from House Oversight Committee investigators, according to House Oversight Chair James Comer. Maxwell’s legal team informed the Kentucky Republican that she intends to invoke her Fifth Amendment right against self-incrimination if she were compelled to sit for a congressional interview regarding Epstein and the Justice Department’s handling of the case.
Background on Subpoena and Negotiations
Comer issued a subpoena in July requiring Maxwell’s testimony. Her legal team initially suggested conditional willingness to cooperate if certain demands were met, including resolution of her pending appeals and immunity from further criminal proceedings, along with advance notice of questions. When Comer declined to accept those conditions, Maxwell’s attorneys indicated she would invoke constitutional protections rather than proceed. The Supreme Court recently rejected her request to revisit her conviction, eliminating one condition she had proposed.
Cost-Benefit Analysis of Congressional Inquiry
Comer acknowledged the practical considerations inherent in pursuing testimony from an uncooperative witness. “I could spend a bunch of taxpayer dollars to send staff and members down there, and if she’s going to plead the Fifth, I don’t know that that’s a good investment,” he explained. Such assessments reflect pragmatic congressional resource allocation, where committees must weigh investigative priorities against expenditures. Resources from the National Constitution Center explain that Fifth Amendment protections apply in congressional contexts, preventing committees from compelling testimony that might incriminate a witness.
Maxwell’s Current Status and Prior Cooperation
Maxwell, serving a 20-year sentence for child sex trafficking, is currently housed at a minimum-security facility in Texas. She previously sat for a two-day interview with the Justice Department in July and was subsequently transferred to the lower-security facility. Critics have raised questions about whether she received preferential treatment from the administration. Maxwell is also preparing a commutation application for presidential consideration, which may factor into her legal strategy.
Broader Implications for Congressional Investigations
The situation illustrates the limitations congressional committees face when attempting to compel testimony from individuals with strong incentives to remain silent. Legal scholars studying congressional oversight, including those at institutions like the American Bar Association, have documented how Fifth Amendment rights function as practical constraints on investigative authority.
