Latest / The Vault: The Epstein Files / Mega Edition: Alex Acosta And His Epstein Interview With OIG Inspectors (Part 22-23) (6/23/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome to another episode of the
- 0:02Epstein Chronicles. In this episode, we're going to pick up
- 0:05where we left off with the alex Acosta interview with
- 0:09the OIG inspectors. Question, what do you think about the
- 0:12media's treatment of line assistant redacted answer? I think I
- 0:17wish your name wouldn't be in the media. You know,
- 0:19to some extent, US attorneys when they take the job,
- 0:22realize that part of their job is to take the
- 0:25slings and arrows, and you know, there are instances when
- 0:29ausas were accused of misconduct and I have always sort
- 0:32of felt that was I don't want to stay below
- 0:35the belt, but that's not what they take. Pay cuts
- 0:37that they take to go into federal service, and you know, know,
- 0:40I think the media coverage of this case has been
- 0:43unfair and has lost a lot of the complexities. It's
- 0:47not surprising because I mean, here we're talking about a
- 0:50lot of those complexities, and it takes a fairly sophisticated discussion,
- 0:54but I think it's particularly unfair. Unredacted. Question. In your
- 0:58attorney's written response, use the term relentless to characterize the
- 1:03team of lawyers, the defense lawyers and in the Daily
- 1:06Beast article that you wrote, you referred to the year
- 1:09long assault on the prosecution and the prosecutors. You noted
- 1:13that the defense was more aggressive than any of which
- 1:17I or the prosecutors in my office had previously encountered.
- 1:21You noted that the defense investigated prosecutors and tried to
- 1:25disqualify too, and I believe that those two are redacted
- 1:28and redacted. Is that correct answer? That's correct question? And
- 1:34you also raised or noted or asserted that there were
- 1:38investigations into the family lives of individual prosecutors, accusations of
- 1:43bias and misconduct against individual prosecutors, and even the threat
- 1:47of a book on prosecutorial zeal. Do you still regard
- 1:51that characterization as accurate? Answer? I do you know whether
- 1:56I would use those same words. Now. We can spend
- 1:58a lot of time talking about it, and I'd want
- 2:01to think about it. But I do think that that's accurate.
- 2:04I think this really was a raised Earth type of matter.
- 2:06And in the office typical interactions, the prosecutor is no,
- 2:10they have to come back to the office, and so
- 2:12they would not sorry, not the prosecutors. It's getting late,
- 2:15the defense council, and so they would not. It's not
- 2:19just the accusations against the attorneys, but the mischaracterization. I
- 2:23could go through the record and there are several instances
- 2:26where my words or other USA words were being mischaracterized.
- 2:30Or we're going back to one of the redacted emails.
- 2:33People walk out of the meeting believing they have an agreement,
- 2:36and then that's unwound. That is not I don't know
- 2:40if that's the typical in Washington, but that's certainly not
- 2:43typical in the Miami office. Question all right, in the
- 2:47Daily Beast article, I think you also use the term pacadillos. Answer, yes,
- 2:51question what did you mean by that? In particular? Answer?
- 2:56Could I see? Could I question? I was afraid you'd ask.
- 3:00I'd have it right in front of me, and I
- 3:02don't at the moment, misredacted, Are you talking about to
- 3:06whom it may concern? Letter mister redacted, Yes, Acosta, Yeah, question,
- 3:12thank you, And it's in reference on the second number
- 3:14page of this copy to personal peccadillos in the middle
- 3:18of the page. Answer also individual prosecutors and their families
- 3:23looking for personal peccadillos that provide a so redacted was
- 3:27my recollection? She wasn't investigated redacted, and I haven't encountered
- 3:33that in other cases. I recall at one point they
- 3:36looked in redacted and redacted his family and his background,
- 3:39and I thought that was a little bit out of line.
- 3:42Now the next like, I don't know, seventeen or eighteen
- 3:47lines are all redacted. At that point I was trying
- 3:50to convey is that this is not a typical behavior
- 3:53by the defense counsel. And despite all of this, My
- 3:56point was, despite all of this, we did not budge.
- 4:00And again that's not the focus of the question. Like redacted.
- 4:04Once again, the whole answer question, all right, are there
- 4:08any other examples where a defense counsel came to you
- 4:11that you have not otherwise addressed with allegations about someone?
- 4:15Did they ever raise or imply that there were that
- 4:19there was information regarding you or whatever respect that was
- 4:23in the nature of a sort of a threat or
- 4:25a veiled warning. Answer. So the book reference was that
- 4:28I might be personally embarrassed by pursuing this matter because
- 4:32I would be subject of the chapter in a book
- 4:35on prosecutorial overreach. Answer, and who is going to write
- 4:38that book? Do you know? Answer? Professor Dershowitz. Question, Okay,
- 4:43did you consider him a professional friend at all? Answer?
- 4:46I had not, to my recollection, met him. I understand
- 4:49in this letter I sort of grouped him in, But
- 4:53I'd say for the record that it's hard to know
- 4:55what my intent was in twenty eleven. But that's for
- 4:59simplicity of grow individuals. Because I did go to Harvard.
- 5:02I may have run into him at Harvard, but he
- 5:04was not my professor. I didn't work for him as
- 5:07a teaching assistant. I had some interest in criminal law,
- 5:10so I may have chatted with him, but that would
- 5:12have been it. Question and did you consult with them
- 5:17at all in connection with your efforts, your interest and
- 5:20potentially teaching or being involved in the sort of law
- 5:23school world, either at Harvard or at Florida International or
- 5:27anywhere else. Answer not, to my recollection. At some point
- 5:31when I applied for the deanship, I wasn't aware of
- 5:34the dean ship until so let's take this. Let's take
- 5:37this in part. I thought about taking or looking at
- 5:40Harvard for a teaching position. To my recollection, I never
- 5:43followed through on that question. Uh huh. Answer. I knew
- 5:48Alina Kagan and may have had a conversation with her
- 5:51about what would have been preliminary how does this process work.
- 5:55But I don't recall talking if I took it that far,
- 5:58and I'm not saying that I did. This was a
- 6:00long time ago. I never sort of went through the
- 6:03way law schools hires very They call it a meat market.
- 6:07Take that for what it's worth. It's something that happens
- 6:10at the hotels here at the Marriott Hotel on Connecticut,
- 6:14and its very formalized process. I never went through that.
- 6:18I don't recall any conversation with Professor Dershowitz about that.
- 6:21To the extent I was thinking about it, it'd be
- 6:24natural for me to talk to or redacted, But I
- 6:26don't recall talking to him. With respect to a Professor Dershowitz.
- 6:30With respect to FIU, the dean process is very decentralized.
- 6:35To the extent a faculty members spoke to him, I
- 6:38don't know to my recollection. And again, this is a
- 6:41long time ago. I did not ask for a reference
- 6:44or a letter or something to that regard, although I
- 6:46may have, it was a very long time ago. I
- 6:50was also no longer active in this case at the time.
- 6:53Question all right, and what about with respect to that
- 6:56same process on your part, Ken Starr, who actually was
- 6:59a dean of the law school at the time, did
- 7:01he provide you with reference or advice? Answer not to
- 7:05my recollection question? All right, answer as the letter from
- 7:10Ken at the end, there was by that time this
- 7:13was over, there was some degree of tension between us
- 7:16on my resolution of this matter. Question, but it also
- 7:19appeared to be tension that both of you were eager
- 7:22to leave a side answer. I'm a big believer and
- 7:26I had good relationships with the defense team. I think
- 7:29lawyers can disagree and not be disagreeable, and we would
- 7:33be in a better profession if we all learned to
- 7:35do that. Question, so would the world. There is a
- 7:40sort of investigative journalist author name or dacted Answer yes question,
- 7:45do you know that name? Answer? Yes question. Did you
- 7:48ever speak with her? Answer? So she was the recipient
- 7:52of the to whom it may concern letter at the
- 7:54Daily Beast? Question? Oh really? Answer yes question? All right,
- 7:59all right, thank you. We didn't know that. Did she
- 8:02comment back to you on it? Answer? It was a
- 8:04long time ago. I don't recall. Question. So she wrote
- 8:08a book called Trafficking. Have you read that about this case.
- 8:11Answer she did, I haven't read it recently, but I
- 8:14read it a while ago. Question. And she says in
- 8:17that book that you told her a few years after
- 8:20the NPA was signed, as she writes, he felt incapable
- 8:24of going up against those eight powerful attorneys. He felt
- 8:28his career was at stake. Did you say that to her? Answer?
- 8:31Not to my recollection. What I tried to do was
- 8:34for the record, provide this letter to her. And the
- 8:37purpose of this letter was to say the exact opposite,
- 8:40which is, and you know, we have this, you know,
- 8:44and she had in this New York Times and I
- 8:46think the New York Times called it. What's the word like, apologia?
- 8:51Does anyone know? Yeah? Apologia apology. It's a fancy way
- 8:55of saying you're explaining yourself. Answer yeah, I looked it up,
- 9:00and it's a little more derogatory than explaining myself, because
- 9:03I felt the need to look it up. But the
- 9:05New York Times called this letter an apologia. Question mm hmm. Answer.
- 9:10And this was recently. And I say this because then
- 9:13folks read the letter, they read it as this is
- 9:16why you know, I think sometimes they selectively read language.
- 9:20The prosecutors and agents in the case, and what followed
- 9:24was a year long assault. I used the word assault
- 9:28as it was more aggressive than anything in which I
- 9:30or the prosecutors in my office had previously encountered. Mister
- 9:35Epstein hired an army of legal superstars, Harvard professor Dershowitz,
- 9:40former judge, and then Pepperdine Lodging ken Starr, former Deputy
- 9:44assistant to the President, then Kirklin and Ellis law partner
- 9:48Jay Lefkowitz, and several others, including prosecutors that formerly worked
- 9:52in the US Attorney's Office. The child Exploitation section, I'm
- 9:56not sure who that was of the Department of Defense.
- 10:00Question Department of Defense answer no, No, in Child Exploitation
- 10:04and Obscenity section of the Justice Department. Defense attorneys next
- 10:08requested a meeting with me, and they read that as
- 10:12saying there were all these powerful lawyers in the case.
- 10:15But they then go on to talk about it. Despite
- 10:18this army of attorneys, the office held firm to the
- 10:20terms first presented to mister Black in the original meeting. Question, So,
- 10:25what I understand you saying is that the panopoly, this
- 10:28pantheon of attorneys did not have the influence on you.
- 10:32That's alleged answer, and the purpose of this letter as
- 10:36to despite all of that, we held firm, So how
- 10:40can you say that there's influence if we held firm?
- 10:45And I would also I'm sorry, gets cut off, no,
- 10:48no continues. I would also note I think we talked
- 10:51about this, and those terms were developed before many of
- 10:54these individuals came on board. So it's not like these
- 10:57terms were developed because oh now these indi visuals are
- 11:00on board. Question all right, And of course we haven't
- 11:04talked about the work release issue, but I think that speaks.
- 11:07The record speaks for itself on that. So I'm not sure.
- 11:11I'm clear. Did you have an interview or give have
- 11:14a conversation with misredacted or just center this letter answer.
- 11:19I spoke with her briefly saying I'm not going to
- 11:21speak on the record. I'm not going to address even
- 11:24off the record details of the case, but I will
- 11:26provide a letter to you. I've had a lot of
- 11:29requests over the years to talk about the case. There
- 11:32were enough requests coming that I thought it was important
- 11:35to provide a statement to defend the actions of the office.
- 11:38I didn't want it to be one reporter in particular,
- 11:40because I did not want to play favorites, and so
- 11:43I provided to whom it may concern letter that was
- 11:46a public letter, but then I gave it to her.
- 11:48All Right, folks, we're gonna wrap up right here, and
- 11:50in the next episode dealing with the topic, we're gonna
- 11:52pick up where we left off. All of the information
- 11:55that goes with this episode can be found in the
- 11:58description box. What's up, everyone, and welcome to another episode
- 12:02of the Epstein Chronicles. In this episode, we're diving right
- 12:06back in to the alex Acosta interview with the OIG investigators,
- 12:11and we're getting close to the end here. Question, and
- 12:15just one thing on work release issue. Did you tell
- 12:18the defense that the US Attorney's Office would not object
- 12:21if he got work release as long as he's treated
- 12:24like every other defendant. Answer. So, I don't recall what
- 12:28I may or may not have said specifically around work release.
- 12:31My recollection of our general position is you're pleading in
- 12:35state court to incarceration of eighteen Now it's eighteen months,
- 12:39it was twenty four. Whether it was eighteen or twenty four,
- 12:43this would have been any conversation I would have had
- 12:46would have been after the agreement was signed. It's our
- 12:50expectation that he be treated just like everyone else. If
- 12:54it was typical to provide that kind of work release
- 12:56in these cases, that would have been news to me.
- 12:59I certainly would not have expected that, and I think,
- 13:01based on our subsequent communication with the State Attorney's office,
- 13:05that was not what our office envisioned. By the same token,
- 13:09I don't want to think our office envisioned that he'd
- 13:11be treated worth that the typical offender. Question, Well, did
- 13:16you know that redacted was in fact trying to make
- 13:18sure that he didn't get work release? Answer? Yes, and
- 13:23so I don't see any reason why I would have
- 13:25contradicted that. That's my point. Question all right, you've mentioned
- 13:29a number of times that the sexual offender registration was
- 13:33one of the three important prongs for you and the office.
- 13:36Answer yes, question what was it that you saw the
- 13:40sex offender registration as accomplishing? Answer? So, to some extent,
- 13:45it's putting the community on notice that, irrespective of whether
- 13:48he's in Florida or elsewhere, he's a registered sex offender.
- 13:53To some extent, I don't know if this, but I'll
- 13:55say it anyhow, this was a serious crime, and there's
- 13:58a public sanction associate with this, and I thought, to
- 14:02the extent that he committed the types of acts that
- 14:04typically are associated with registration, that should go forward. But
- 14:10the primary motivation there was put the public on notice
- 14:13that he is a registered sex offender. Question and did
- 14:17you see any conflict with that as being the goal?
- 14:20With the provision in the NPA that the NPA was
- 14:23going to be kept confidential and the communication in which
- 14:26the US Attorney's Office was having with the defense about
- 14:30continuing to keep things confidential, do you see any inconsistency
- 14:34between those two? Answer? No, and that I genuinely was
- 14:38of the opinion that the NPA would go public, and
- 14:41certainly his public his state core plea would be public,
- 14:44and his registration would be public, and so what he
- 14:48did would be known. Question and given what you know
- 14:52about these offices back and forth on notifying the victims,
- 14:56do you think, looking at the entire course of conduct
- 14:58of the office, that the victims were treated fairly and
- 15:01with dignity and respect. Answer? So, I want to be careful,
- 15:05not because I'm fudging, but because it's a complex question.
- 15:09If looking back in hindsight, we knew that there would
- 15:11be what was it, two eight month periods? Do we
- 15:15have an agreement? Do we not have an agreement? Is
- 15:18this concluded? Is this not concluded? Is this an ongoing investigation?
- 15:22How do we deal with all these notification issues? If
- 15:26we had foreseen all of that, I think I've said
- 15:28before that something I certainly think should have been considered,
- 15:32and it's very possible we would have done something very different,
- 15:35But that was not foreseen. And so it's then a
- 15:38very difficult judgment to be made because there is an agreement,
- 15:41there is concern as to if we go to trial,
- 15:44how do you address this? There is you know, going
- 15:47to the AFID David at least one instant, and I'm
- 15:50merging my recollection here and my knowledge after the fact,
- 15:53because your question sort of calls for an after the
- 15:56fact assessment. So you've got their redacted after David, which
- 16:00points out the defense Council did all they could, but
- 16:03is using this to impeach and weaken witness credibility in
- 16:06a case where there's already questions around witness credibility. And
- 16:11so it's a very imperfect situation with discretionary judgments to
- 16:15do the best to sort of balance all of these factors,
- 16:19is that the best outcome Probably not, But that's where
- 16:22we were, and that's why I think this case would
- 16:26have been very different than it was October twenty fourth.
- 16:30He would have gone in and pled and taken his
- 16:33time and served his time like many other people have done,
- 16:36as opposed to mount all these legal challenges that we
- 16:39then had to work through. Question, and I'll preface my
- 16:42question with the fact that we're still investigating this. We've
- 16:46made no conclusions with respect to this. But if OPR
- 16:50determines that your office should be criticized for its handling
- 16:53of this, does the criticism fall on you? Or does
- 16:56it fall on your senior managers because a non prospcut
- 17:00you were relying on them to keep you informed and
- 17:03for their judgment. Answer. So, I was the US Attorney.
- 17:07I certainly relied on my staff, but ultimately I was
- 17:10the US Attorney, and I don't think it's justifiable or
- 17:14fair to sort of say this was on them. I
- 17:17was sufficiently aware of matters that it was my office.
- 17:21And while I'll say that it was, I might not
- 17:23recall this or I was relying on AB or C
- 17:26for guidance or to handle the matter. Ultimately, I think
- 17:29those judgments always sort of bubble up. Question in your
- 17:34press conference, you reference I think July tenth, twenty nineteen
- 17:37press conference, you reference victims. What they went through was horrific,
- 17:42you said, and then you said, I've seen the videos.
- 17:45I've seen the interviews. I have seen the interviews on
- 17:48television of the victims and their stories. Just to be clear,
- 17:52are you talking about interviews and television coverage and videos
- 17:56recently or back in two thousand and six? Answer recently?
- 18:01Question Okay, I just wanted to be very clear about that.
- 18:04The US Attorney Manual requires us all in the Department
- 18:08to conduct the fair, even handed administration of the federal
- 18:11criminal law. What's your view as to how the handling
- 18:14of this case comported with that principle? Answer? So, I
- 18:18don't think it was fair and even handed. You know,
- 18:21after the fact may look back and say that two
- 18:24years may not. You know, it shouldn't have been a
- 18:27manifest in justice standard. It should have been sort of denovo.
- 18:31Let's treat this like a new prosecution. That's a judgment
- 18:35you'll all make. But those judgments were made with the
- 18:38eye towards fairness and impartiality, and once those judgments were made,
- 18:42despite all the attorneys involved, and despite all the litigation
- 18:47and all the stuff, all the appeals to DC, you know,
- 18:51we stuck to that position, and I think that speaks
- 18:53to the way the office approached the matter. Question all right.
- 18:57I spoke sort of offline earlier about an issue that
- 19:00was raised in the press conference that was not clearly
- 19:02answered on your part in that context, and the question
- 19:06was is this? On page fifteen of the Internet transcript
- 19:10of that press conference, you were asked whether you ever
- 19:13made aware of mister Epstein as an intelligence asset of
- 19:16some sort, and you, in your response said you could
- 19:20answer it, couldn't address it directly because of guidelines. Can
- 19:23you clarify, first of all, were you ever made aware
- 19:27of that? Answer? If he was, I'm not aware of it. Question,
- 19:32all right? Did defense counsel ever say to you that
- 19:34Epstein had that status? Answer? Not to my recollection question,
- 19:39all right? Answer, and to clarify, I also don't know
- 19:42where the press reports from multiple sources, not from multiple sources,
- 19:46but from multiple media outlets that I told someone that
- 19:49he was an intelligence asset. I don't know where that
- 19:51came from. So there are questions that I may be
- 19:55asked publicly that I don't think it's right for me
- 19:58to comment as to what classify information I may or
- 20:01may not have, because that's not the kind of stuff
- 20:04you'd get into. But the answer is no and no.
- 20:08Question all right without reservation. Answer no and no. All right, excellent,
- 20:14Thank you. A couple of final questions. Answer can I
- 20:18address is a second issue that has come up at times?
- 20:22Question yes, answer. There are also media reports that this
- 20:26was because of cooperation in some financial matters. I don't
- 20:29know where that may have I don't know where that
- 20:31may have come from. Answer all right, thank you, and
- 20:34we are familiar with that what you're referring to. Answer
- 20:38was there cooperation related to financial matters? Question? We didn't
- 20:42ask you about it? Answer okay. Question. As you can tell,
- 20:46OPR obtained many electronic records, mainly emails, but other electronic
- 20:52holdings from the Department. The Department of Justice, however, has
- 20:56not been able to find or recover a portion of
- 20:59your email account as US attorney that contained emails received
- 21:03by you between May twenty six, two thousand and seven,
- 21:06and March two thousand and eight. Answer correct. Question A
- 21:11period of time rather relevant to this. We've obtained many records,
- 21:14of course from senders and from other people copied, so
- 21:18we have many of the records. But the fact is
- 21:21there's a gap in the holdings. And this is despite
- 21:24the fact that, as you no doubt no, the law
- 21:27requires that US Attorney records be maintained and archived indefinitely.
- 21:32Can you give us any insight, any idea how that
- 21:35might be the case? Answer? I can't, And my recollection
- 21:40was after several issues that took place in the department,
- 21:43had some sort of records retention software that automatically retained
- 21:46the emails. Is that not accurate? Question? There was there
- 21:51was a switchover from a period in which the record
- 21:54retention responsibility resided with each US Attorney office, and at
- 21:59the switchover became centralized. Answer right, question, And this appears
- 22:04to have sort of gotten lost in the he gets
- 22:08cut off here by Acosta. Answer been caught in the switchover.
- 22:12My recollection is that there was some automatic retention mechanism.
- 22:16Question okay, answer, and I can't address that, although there's
- 22:19certainly a fulsome record question. But just to ask the
- 22:23inevitable question, did you take any action to discard destroy
- 22:28or dispense with any official records related to this matter. Answer,
- 22:33not to my recollection. I think there's a fullsome record,
- 22:36and not to my recollection. Question all right, And is
- 22:40there any particular gap that you've discerned in the records
- 22:43that we've provided to you? Answer not that I recall.
- 22:47Do you have the emails that I sent out of curiosity?
- 22:50Answer we do? Answer, okay, so you have the scent
- 22:53but not received question? Yes, answer just checking question. And likewise,
- 22:58we retrieved from the Federal Record Center records that were
- 23:01boxed up and sent there hard copy documents after your
- 23:05term ended, and there is nothing that relates to the
- 23:08Epstein case. There were records that were maintained that were
- 23:11kept in the main office after you left because it
- 23:14was an ongoing matter. But do you have any idea
- 23:17why there are not any in those records of yours
- 23:20that were sent? Answer? So I have a recollection that
- 23:23when I left, there were some binders that I passed
- 23:26along to redacted because it was an ongoing case, and
- 23:29we sort of had binders out of that sort of
- 23:32had correspondence back and forth. All right, and you've already
- 23:36made We've already asked you about the facts, but you
- 23:39addressed sort of a broader statement to us for the
- 23:42record about the case. Is there anything else you want
- 23:44to tell us at this point? Answer, give me a
- 23:47second to think this through. Question In fact, if you'd
- 23:50like to take a quick break and talk to your attorney,
- 23:54and that will be the last question. Answer, do we
- 23:56need a break? Mister redacted? No, misredacted? Our attorney says no, Acosta,
- 24:02I'll follow up on this. Nothing that I if something
- 24:05comes up. My understanding is that we're received the transcript
- 24:09and have enough time, given the length of this to
- 24:11review and comment. Question exactly yes, And for the record,
- 24:16when the transcript is prepared, which should be within a
- 24:18couple of weeks, will ship that off to you, and
- 24:21your attorney will ask you to review it, to make
- 24:25not only any corrections but clarifications, and to add to it.
- 24:29If you feel you have read something that it needs
- 24:31to be clarified or expanded upon, you're invited to do so. Answer,
- 24:36And if I could ask one other question, I'm not
- 24:40familiar enough with the way OPR operates, and this may
- 24:43be weird, so you may not be prepared to answer.
- 24:47If there's a report as opposed to a letter, which
- 24:49is what I typically am familiar with. Will that report
- 24:52be shared in advance for comment or is that determined misredacted.
- 24:57I'm going to defer to misredacted for that misredacted. That's
- 25:01a question that doesn't need to be on the record.
- 25:03Do you have anything else that you'd want to put
- 25:05on the record before we close out? Acosta? I do
- 25:09not misredacted? All right, thank you. I want to extend
- 25:13our great appreciation for your willingness to come in and
- 25:16help us with this case. All right, we're off the record,
- 25:20all right, folks. So there you have it. The complete
- 25:23and unabridged version of Alex Acosta's interview with the OIG Inspectors.
- 25:31All of the information that goes with this episode can
- 25:33be found in the description box.