Ghislaine Maxwell. File Photo | Image Credit: AP
Jeffrey Epstein Fellow Ghislaine Maxwell’s deposition before a US House committee Oversight and government reform have drawn significant attention as he has invoked the Fifth Amendment by refusing to answer any questions that could lead to self-incrimination.
Maxwell was found guilty in December 2021 Several charges related to Epstein’s role in facilitating the abuse of minor girls, and she is currently serving a 20-year prison sentence.
Here’s a brief overview of the Fifth Amendment right and the criticism it has brought from the political aisle in the US
What is the Fifth Amendment right?
The Fifth Amendment to the US Constitution It is a legal defense that allows individuals to refuse to answer potentially incriminating questions.
It offers important protections to individuals involved in legal cases, including protections against double jeopardy and the right to remain silent, which protects against self-incrimination.
Some important aspects of this right are as follows:
1. Grand Jury Indictment
It establishes that individuals cannot be charged with serious crimes (capital or infamous crimes) without a grand jury presentation or indictment.
2. Exemptions for military service
The amendment notes exceptions to cases arising in land or naval forces or militia in time of war or public danger.
3. Double Jeopardy
Double jeopardy prohibits a person from being tried twice for the same crime after acquittal or conviction. It protects individuals from the psychological and financial burdens of repeated trials for the same offense and ensures finality in legal proceedings.
4. Self-incrimination
This amendment protects individuals who may be compelled to testify against themselves in criminal cases, commonly known as the right against self-incrimination.
5. Causal Process
The amendment guarantees that no person shall be deprived of life, liberty or property without “due process of law”. This means that legal proceedings must be conducted fairly and in accordance with established rules and principles.
6. Only compensation for taking
It addresses the government’s eminent domain power, which states that private property cannot be taken for public use without just compensation. If the government is to acquire private property for public purposes (such as building roads, schools, or parks), it must fairly compensate the property owner.
Why did Ghislaine Maxwell plead the fifth?
David Marcus, representing Maxwell, suggested invoking the Fifth Amendment in light of his ongoing habeas corpus petition.
However, House Committee members suggest that this is because he did not answer a single question. Although this was legally permissible, the decision effectively curtailed a unique opportunity for the public to learn about Epstein’s activities from his closest confidant.
The Republican president, Rep. James Comer faced increasing pressure to hold the deposition, especially as he sought to enforce subpoenas against the former president. Bill Clinton and former Secretary of State Hillary Clinton.
After they threatened contempt of Congress charges, both agreed to participate in depositions later this month.
Published – February 10, 2026 01:47 pm IST
