WEST PALM BEACH, Fla. — Despite insisting he wants the public to know why serial molester Jeffrey Epstein escaped serious punishment 15 years ago, Palm Beach County Clerk of Courts Joe Abruzzo wants to punish The Palm Beach Post for trying to open secret records that could do just that.
In a motion for sanctions filed last week, Abruzzo is asking Circuit Judge Donald Hafele to make the Post pay the Tampa law firm he hired to successfully fight the newspaper's request to release transcripts of a 2006 grand jury hearing.
While Abruzzo didn’t say how much he would be seeking, according to Abruzzo’s office, he used $32,794 in public money to pay attorney Shane Vogt’s law firm to fight the Post’s efforts to make the records public.
In the motion, he is seeking double the amount he paid in fees and costs.
With the help of Vogt, who helped put the online website Gawker out of business and has taken on media giants, “the clerk zealously advocated the position against disclosure," Hafele wrote in a ruling denying the newspaper’s request.
In a separate motion, Abruzzo, who is also the county's comptroller, asked Hafele to remove the line from his ruling. He claims he didn’t “zealously” campaign against disclosure even though Vogt filed a 26-page motion, objecting to the Post’s claims. On Wednesday, he dropped that request.
The newspaper went to court after records showed only one teen was called to testify to the grand jury even though dozens told police Epstein sexually abused them at his Palm Beach mansion.
Further, sources familiar with the grand jury proceedings said the 14-year-old girl was vilified by state prosecutors. Rather than focus on her claims of abuse, lieutenants for then-State Attorney Barry Krischer quizzed her about her online social media posts where she talked about drinking and boys, they said.
Ultimately, instead of charging Epstein with child molestation as police wanted, the grand jury indicted him on only a single charge of solicitation of prostitution.
In court papers, the Post’s attorneys argued that releasing the records would reveal what happened and whether Krischer bowed to pressure from Epstein’s high-octane defense team.
Further, they said, since Epstein hanged himself in a New York City jail cell while awaiting trial on sex trafficking charges in 2019, the information couldn’t be used against him.
Abruzzo said he filed the motion for sanctions because he shouldn't have been sued.
In his order, Hafele wrote that "the proper procedure" under court rules required the newspaper to file a motion. But, he said, since it used a different tack, he decided the matter anyway.
Had the newspaper followed established rules, Abruzzo said, he wouldn't have been forced to hire a law firm to represent him in the lawsuit.
"As a public official, it’s my responsibility to seek attorney fees and other costs related to this case," Abruzzo said in a statement. "That’s the action my office is taking now.”
He said he hired an outside attorney because his new general counsel wasn't familiar with the case and then left the office after having a baby. She had recommended he hire Vogt's firm, he said.
Lawyers not involved in the case said motions for sanctions aren't unusual. Lawyers often file such requests and just as often they are denied.
“It’s a very high hurdle,” said Ted Babbitt, a veteran West Palm Beach lawyer. “There has to be virtually no basis for the lawsuit.”
Robert Jarvis, a law professor at Nova Southeastern University, agreed.
“Under American law, all sides pay their own fees unless there’s a showing of bad faith,” he said. “You need to show really, really bad faith. You need to show egregious and wanton bad faith.”
Amy Borman, who is the clerk's acting general counsel, said the newspaper's decision to sue the clerk is evidence that it didn't act in good faith.
In his ruling, Hafele said the newspaper made “strong arguments” about why the records should be released. Further, he wrote, the newspaper had the right to make the request.
“The court sees no reason to question the newspaper’s standing to bring a ... motion, which is available to any member of the public seeking access to records of the judicial branch,” he wrote.
He said he understood the newspaper’s contention that releasing the documents could further the interests of justice. But while state law allows the secrecy of the grand jury to be pierced for that purpose, it has to be in connection with a civil or criminal case.
“There is nothing in (state law) that gives a court carte blanche authority to release grand jury materials in any situation that might bear some relationship to ’furthering justice’ in its broadest sense,” Hafele wrote.
In his motion, prepared by one of his in-house attorneys, Abruzzo claims that a previous judge warned the Post that it was on shaky legal ground. Instead of heeding that warning, the newspaper pursued the lawsuit.
The Post “failed to follow the proper procedure seeking access to confidential records, which thus unnecessarily caused the Clerk to expend public funds to represent its interest,” wrote attorney Collin Jackson, who is on Abruzzo’s staff.
Still, in a recent news release, Abruzzo said he wants the records to be made public.
“I will leave no stone unturned to do whatever I can to shed full light and public disclosure on the Epstein case,” he said in a statement days after Hafele’s ruling.
He said he was working with legislators to craft an amendment to a bill that would allow grand jury records to be released in certain circumstances. He has signed a $60,000 contract with lobbying powerhouse Ballard Partners to work with state lawmakers to pass the measure, which is still being crafted.
Jarvis said Abruzzo’s recent statements could help the newspaper’s efforts. “He’s acknowledging that it’s a matter of public concern,” he said.
But, he said, he is bothered that Abruzzo is spending so much time and energy on the legal battle with the newspaper.
“It just seems like a waste of so much time and capital,” he said.
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