Ghislaine Maxwell's lawyer demands 'clemency by President Trump' before testimony

Oversight Chair James Comer said lawmakers sought answers on Epstein's crimes, but Maxwell's refusal to testify stalled the committee's progress
UPDATED FEB 9, 2026
In a statement released after the appearance, Ghislaine Maxwell's lawyer, David Oscar Markus, said that Maxwell stayed silent on his advice but stressed she'd cooperate if granted clemency by President Trump (@domarkus/X, Getty Images)
In a statement released after the appearance, Ghislaine Maxwell's lawyer, David Oscar Markus, said that Maxwell stayed silent on his advice but stressed she'd cooperate if granted clemency by President Trump (@domarkus/X, Getty Images)

WASHINGTON, DC: Ghislaine Maxwell invoked her Fifth Amendment rights and refused to answer questions on Monday, February 9, during a virtual deposition before the House Oversight Committee, her attorney said, insisting that she would testify only if granted clemency by President Donald Trump.

In a statement released after the appearance, Maxwell’s lawyer, David Oscar Markus, said that he advised his client to remain silent but stressed she was willing to cooperate under specific conditions.

“Ms Maxwell is prepared to speak fully and honestly if granted clemency by President Trump,” Markus said. “Only she can provide the complete account” of Jeffrey Epstein’s actions.

WASHINGTON, DC - FEBRUARY 09: House Oversight and Government Reform Committee Chairman James Comer (R-KY) (C) is pursued by journalists as he arrives for a closed-door, remote deposition from convicted child sex offender Ghislaine Maxwell in the Rayburn House Office Building on Capitol Hill on February 09, 2026 in Washington, DC. Maxwell, romantic parter and accomplice to deceased child sex offender and financier Jeffrey Epstein, asserted her Fifth Ammendment privledge during remote testimony from the minimum-security Bryan Federal Prison Camp in Texas. (Photo by Chip Somodevilla/Getty Images)
House Oversight and Government Reform Committee Chairman James Comer (R-KY)  is pursued by journalists as he arrives for a closed-door, remote deposition from convicted offender Ghislaine Maxwell in the Rayburn House Office Building on Capitol Hill on February 09, 2026, in Washington, DC (Chip Somodevilla/Getty Images)

Attorney claims Trump, Clinton ‘innocent’ and only Maxwell can explain it

Markus argued that Maxwell’s testimony could clear prominent political figures whose names appeared in the Justice Department files related to Epstein.

“Some may not like what they hear, but the truth matters,” Markus said, adding that “both President Trump and President Clinton are innocent of any wrongdoing.”

He said Maxwell alone could explain why and that “the public is entitled to that explanation.”



Markus said that he had conveyed the statement directly to the Oversight Committee, telling lawmakers that Maxwell “would very much like to answer your questions” but could not do so while a habeas petition challenging her conviction remained pending.

He claimed that the petition demonstrated that her conviction resulted from a “fundamentally unfair trial.”

WASHINGTON, DC - FEBRUARY 09: House Oversight and Government Reform Committee members Rep. Jasmine Crockett (D-TX) (R) and Rep. Suhas Subramanyam (D-VA) talk to reporters following a closed-door, remote deposition from convicted child sex offender Ghislaine Maxwell in the Rayburn House Office Building on Capitol Hill on February 09, 2026 in Washington, DC. Maxwell, romantic parter and accomplice to deceased child sex offender and financier Jeffrey Epstein, asserted her Fifth Ammendment privledge during remote testimony from the minimum-security Bryan Federal Prison Camp in Texas. (Photo by Chip Somodevilla/Getty Images)
House Oversight and Government Reform Committee members Rep Jasmine Crockett (D-TX) (R) and Rep Suhas Subramanyam (D-VA) talk to reporters following a closed-door, remote deposition from Ghislaine Maxwell in the Rayburn House Office Building on Capitol Hill on February 09, 2026, in Washington, DC (Chip Somodevilla/Getty Images)

Lawmakers blast Ghislaine Maxwell’s silence

House Oversight Committee Chair James Comer (R-Ky) said Maxwell’s refusal to testify was “very disappointing,” noting lawmakers had intended to question her about the crimes committed by Epstein and Maxwell and about potential co-conspirators.

Democrats on the committee were far more scathing. Rep Ro Khanna (D-Calif), who attended the deposition, accused Maxwell of attempting to trade testimony for leniency.



“She refused to answer a single question about the men, saying she would only do so for clemency,” Khanna wrote on social media. “She must immediately be sent back to the maximum security prison where she belongs.”

Rep Melanie Stansbury (D-NM) echoed the criticism, accusing Maxwell of trying to “buy her clemency” by remaining silent. “We will not allow this silence to stand,” she said.

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