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Elie Honig Explains How Maxwell May Have Inadvertently Waived Her Fifth Amendment Protection

Elie Honig Explains How Maxwell May Have Inadvertently Waived Her Fifth Amendment Protection (Screenshot/CNN)

CNN senior legal analyst Elie Honig said Monday that Ghislaine Maxwell may have weakened her own Fifth Amendment protection by previously speaking at length with federal officials.

Maxwell met with Deputy Attorney General Todd Blanche in late July and answered questions about her ties to Jeffrey Epstein and her alleged role in the trafficking network. During a discussion on “The Lead with Jake Tapper,” Honig said Maxwell’s decision to speak openly with Blanche may have weakened her ability to invoke the Fifth Amendment.

“So first of all, at the threshold level, yes, she does have a Fifth Amendment right because she has an ongoing, what we call a collateral appeal. She’s trying to attack her conviction, get herself a new trial,” Honig told Tapper. “But first of all, Congress can point out, and I’ve heard various representatives say this throughout the day, she spoke openly with Todd Blanche, so legally she might have waived, given away the Fifth Amendment privilege.”

The Fifth Amendment gives individuals the right to refuse to answer questions if their responses could be used against them in a criminal case, protecting them from being forced to incriminate themselves. Honig said lawmakers keep talking about Maxwell’s supposed Fifth Amendment waiver, but without taking the issue to court it goes nowhere.

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“The problem is, they’re talking about it, but the only way you can challenge that if you’re a member of the committee is to take it to court. I’ve not seen anyone do that,” Honig added. “The other option Congress has, they can immunize her. They can say, go ahead, you testify, but now you won’t be prosecuted for that. Now, that may be a terrible idea.”

Honig said Congress must decide whether it is willing to go as far as granting immunity to compel Maxwell’s testimony.

“I don’t think I would be on board for that, but that’s also a question that I think members of Congress need to be asked,” Honig said. “Are you willing to go that far? You issued the subpoena. Do you want to take those next steps to actually get the testimony, or was it just for show?”

Maxwell pleaded the Fifth during a deposition before the House Oversight Committee’s investigation into Epstein. Her attorney said she would cooperate if President Donald Trump grants her clemency. House Oversight Committee Chairman James Comer said in January that Maxwell’s lawyers made clear she would refuse to answer questions, according to CBS News.

Maxwell’s lawyer, David Oscar Markus, told lawmakers in a private Monday meeting that she would provide complete and truthful testimony if Trump issues clemency. A federal jury convicted Maxwell in 2021 for helping Epstein abuse underage girls. She is currently serving a 20-year prison term.

(Featured Image Media Credit: Screenshot/CNN)