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‘Fifth Amendment’, ‘Clemency’: Decoding terms that Ghislaine Maxwell used during her hearing

Mint 07:21 AM UTC Tue February 10, 2026 Technology
‘Fifth Amendment’, ‘Clemency’: Decoding terms that Ghislaine Maxwell used during her hearing

Ghislaine Maxwell, the convicted associate of the late sex offender Jeffrey Epstein, refused to answer questions posed by the US House Oversight Committee on Monday (local time), according to media reports.

Maxwell appeared before the committee virtually for a closed-door deposition from the Texas prison, where she is serving a 20-year sentence for her role in Epstein's sexual abuse of minor girls and on charges of sex trafficking. She invoked the Fifth Amendment of the US Constitution and remained silent throughout.

The Fifth Amendment of the US Constitution protects people's right to remain silent and refuse to answer questions that may incriminate them. Before her appearance before the Committee, Maxwell's legal team stated clearly that she would invoke this right and decline to answer questions during her deposition.

According to the BBC, Republican House Oversight Committee chairman James Comer said that "as expected", Maxwell pleaded the Fifth Amendment, invoking her right to remain silent.

Expressing their disappointment, Comer said they had many questions for Maxwell about the crimes she and Epstein committed, as well as about potential co-conspirators. He added, "We sincerely want to get to the truth for the American people, and justice for the survivors, that's what this investigation is about."

Republican committee member Nancy Mace said that when a convicted sex offender pleads the Fifth Amendment, it is not about self-incrimination anymore; rather, it's self-preservation and not wanting to cross the rich and powerful people she trafficked these children to. "The American people deserve to know their names. They deserve to be investigated," she added.

According to reports, Maxwell's lawyer, David Oscar Markus, said in a social media post that his client was prepared to speak honestly and completely, provided that US President Donald Trump grants her clemency. "Only she can provide the complete account. Some may not like what they hear, but the truth matters," he posted.

In a statement to the committee, Maxwell's lawyer said that both Trump and former President Bill Clinton "are innocent of any wrongdoing", but that can only be explained by Maxwell.

Under the US Constitution (Article II, Section 2, Clause 1), the president “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” This grants a broad clemency power for federal criminal offences. The president's clemency power only applies to federal crimes and not state crimes or civil matters. Further, the president cannot use the clemency authority in cases of impeachment.

In 2005, the parents of a 14-year-old girl reported to the Palm Beach Police Department that wealthy financier Epstein had molested their daughter at his Florida residence, alleging that he paid her money in exchange for performing sexual acts with him. The police investigation led to FBI involvement in 2006.

In 2008, Epstein pleaded guilty to two felony charges, including the solicitation of a minor for prostitution. This plea deal allowed Epstein to avoid federal prosecution and serve a reduced sentence in county jail.

He was arrested again in July 2019 on federal charges of sex trafficking of minors. On 10 August 2019, Epstein was found dead in his prison cell in New York, reportedly by suicide.

Epstein's one-time girlfriend and associate Maxwell managed his stable of victims. A jury convicted her in 2021 on federal charges of sex trafficking of a minor and conspiracy to transport minors with intent to engage in criminal sexual activity. She lured underage girls for Epstein to exploit. Maxwell is serving a 20-year sentence in a federal prison in Texas. Despite being accused of lying to federal officials in earlier proceedings, she is now seeking clemency from Trump before agreeing to testify before Congress.

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