Latest / The Vault: The Epstein Files / Mega Edition: Alex Acosta And His Epstein Related Congressional Deposition (Part 13-15) (5/18/26)
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 dive right
- 0:05back in to the alex Acosta deposition that was given
- 0:10to Congress. Once again, alex Acosta doing the answering, and
- 0:14various people are asking the questions. Question, I understand that
- 0:19in December of two thousand and eight you accused yourself
- 0:21from the Epstein investigation. Answer I did. Question Is that right?
- 0:27And that was at a time when you were engaged
- 0:28in discussions with Kirkland about returning there as an attorney.
- 0:32Is that right? Answer? I was not engaged in discussions
- 0:35with Kirkland about returning as an attorney. Question, okay. Answer.
- 0:40This was after he had gone to jail and after
- 0:42he pled the election had just taken place. I was
- 0:45considering whether to apply to private practice, whether at Kirkland
- 0:48or any other law office. I had a general conversation
- 0:51at the time with mister Lefkowitz about what private practice
- 0:54was like. I had in practice since the mid nineties
- 0:57and thought it best to have And I also had
- 0:59a general conversation with several other folks in Miami about
- 1:02private practice. I thought it best to accuse because it's
- 1:06at the same time that our office started objecting to
- 1:09the Pombeux Sheriff's decision to put him on work release.
- 1:12Given the number of attorneys that they had on the case.
- 1:15I did not think that it made sense to enter
- 1:17a job market when I was in charge of this case,
- 1:20and so I accused myself. Question, so, if I can
- 1:23unpack that a bit, At what point in time did
- 1:25you begin to consider returning to private practice? Answer? Most
- 1:29likely after the election. Before the election, I had been
- 1:33looking into and ended up rejecting private practice and going
- 1:36into the legal academy. I consider applying to my old
- 1:39law school for a practitioner position for a period of time.
- 1:44At the time, I believe I had a conversation with
- 1:46our ethics council about whether I had to recuse because
- 1:49mister Dershowitz was one of the defense attorneys. Either he
- 1:53decided or consulted with the department and decided I did
- 1:57not have to recuse because mister Dershowitz would not be
- 1:59in my being hired, whether at the Kennedy School or
- 2:03the law school. I believe I also applied right around
- 2:06the time to the University of Miami, and then ultimately
- 2:09went to FIU. Question when did you have your conversation
- 2:13with mister Lefkowitz. Answer sometime around Thanksgiving? Question Thanksgiving of
- 2:19answer wait post election question? And was this an in
- 2:24person conversation over or over the phone? Answer? It was
- 2:27in person? Question, it was in person where answer it
- 2:31was over dinner. I don't recall question. What did you
- 2:34discuss to the extent you recall answer? So it was
- 2:38twenty years ago. What I can infer was on my
- 2:40mind is how does one transition from being a government
- 2:43lawyer for eight years into private practice? He having been
- 2:47a government lawyer and then having returned to private practice,
- 2:51and what private practice is like. But again, it was
- 2:55twenty years ago. And to be clear, I did not
- 2:57seek a position. I did not apply for a busy.
- 3:00I ultimately determined not to pursue private practice. Question Thanksgiving
- 3:05of A Wait is roughly, by my calculation, five months
- 3:08after Epstein entered his plea, did you discuss mister Epstein
- 3:12with mister Lefkowitz at all? Answer? Not to my recollection,
- 3:15And there's no reason because it was far after the plea.
- 3:19Question Thank you. I'm going to now shift back to
- 3:22the conduct of your Office investigation into mister Epstein, And
- 3:26just as an initial matter, when you first became aware
- 3:29of the investigation, did you perceive that there was a
- 3:31federal interest in investigating mister Epstein? Answer? So it was
- 3:35twenty years ago. I honestly perceived that there was an
- 3:38interest in having him go to jail. And I think
- 3:41my initial reaction would have been, where is the federal interest?
- 3:44But how can we get them to go to jail?
- 3:46Because it was brought up in the context of look
- 3:49at what the state is doing. But I would say that, yes,
- 3:52there is a federal interest, and I felt as an
- 3:55ethical matter, If the question is an ethical matter, did
- 3:58I feel comfortable bringing a case? I believe they're sufficient
- 4:01federal nexus to bring a case with the caveat of
- 4:04all the issues we've already discussed, Miss Stansbury, given what
- 4:08you just said about their being significant federal interests to
- 4:11bring a case and an interest in his potential prosecution.
- 4:14You know you said in the first hour that we
- 4:16talked to you that you felt or was it on
- 4:19the recommendation or you said your team said that some
- 4:22of the witnesses may have lack credibility. Let me finish
- 4:26my question very quickly. Let me just say, if you
- 4:28felt there was a federal interest in the case and
- 4:30the evidence was pointing in the direction of a potential prosecution,
- 4:34why did you not pursue additional witnesses, additional evidence, and
- 4:38potentially instead of giving a non prosecution agreement to co conspirators,
- 4:42actually questioning them and collecting further evidence and their cooperation
- 4:47to prosecute them. Mister Acosta, let me unpack that if
- 4:50I could, and let me start off with the word credibility,
- 4:53because I've heard that some of my comments have been
- 4:56mischaracterized to say that I thought that the witnesses lack credibility.
- 5:00I believe what I had said, and if that's not
- 5:03what I said, then you know, I want to correct
- 5:05the record. I believe that I said. That was every
- 5:08prosecutor in our office believed what had happened and believed
- 5:12the witnesses, but we also understood the defense would have
- 5:15withering impeachment, and at the end of some they didn't
- 5:19want to talk and wouldn't talk to us, and at
- 5:21the end of the day, that affected the viability of
- 5:23a federal case. It affected what the outcome would have been.
- 5:27Miss Stansbury so why did you not pursue other witnesses
- 5:30or cooperation with co conspirators, mister Acosta. And so the
- 5:35office opened the file I believe sometime around May two
- 5:38thousand and six, it could have been June two thousand
- 5:40and six, and investigated it for an entire year. The
- 5:44prosecuting attorney, the case agents, pursued leads as they saw fit,
- 5:48investigated as they saw fit, spoke with the individuals as
- 5:52they saw fit, do what they're trained, did what they're
- 5:55trained to do, which is to pursue the case. At
- 5:58some point, as they're doing the investigation, they felt that
- 6:00it was time to move to the next stage, which
- 6:03is to proceed to bring charges so he can go
- 6:05to jail. And it's at this point that the case
- 6:08came up to our office, to my personal office, for
- 6:11discussions about how to resolve it. And so to think
- 6:14or to say we did not pursue is mischaracterizing what
- 6:17took place, Miss Stansbury. I'm asking after it was elevated
- 6:22to your office for a decision about whether or not
- 6:24to proceed with a prosecution, if you will let me
- 6:27ask this. This is just a yes or no question.
- 6:30Did you personally come to the conclusion that there was
- 6:33not sufficient evidence to prosecute. Just a yes or no,
- 6:36mister Acosta. So I can't answer that yes or no
- 6:39with respect because it's not a their sufficient evidence to prosecute.
- 6:43Is there not sufficient evidence to prosecute? Then, as an
- 6:46ethical matter, if you don't think there's sufficient evidence, you
- 6:49can't go forward, Miss Stansbury. But you could have. You
- 6:53could have decided at that point the case was not ready.
- 6:56We should collect additional evidence, statements and cooperation. Correct Acosta
- 7:01in theory, despite the fact that my career experts in
- 7:04the field were saying the case is ready, I could
- 7:06have said, no, I don't think the case is ready.
- 7:09We should collect additional information, Stansbury. So just pausing it
- 7:13right there, you could have said, yes, let the case
- 7:16is not ready, let's not proceed yet. But instead you
- 7:19decided to pursue a non prosecution agreement, mister Acosta. So again,
- 7:24I think this is a mischaracterization of the process. The
- 7:27career attorneys had decided that the case was ready to
- 7:30proceed to that he's cut off by Stansbury, and which
- 7:34of the career attorneys Acosta in this case. I suspect
- 7:37that would have been Miss Villa Fauna, because I don't
- 7:39as a general course, I don't get involved in how
- 7:42evidence is gathered. I believe that would have been Miss
- 7:45Villa Fauna, the supervising attorney, in consultation with the Palm
- 7:48Beach managing attorney, and perhaps the criminal chief, Miss Stansbury.
- 7:53So Andrew Lorie and Matt Menchell and Jeff Slowman. Is
- 7:56that correct? Those were the supervisors Acosta, Yeah, I doubt
- 7:59this have gotten to Jeff Sloman's level at some point
- 8:03when they thought they had the case was ready to
- 8:04go forward. Then we would have had a discussion about resolutions,
- 8:08and I will own the resolution. I will readily admit
- 8:11that I approved the term sheet. But when that was approved,
- 8:15it came up in the context of a case that
- 8:16was ready to go. It did not come up in
- 8:18the context if we need additional time. If anything, there
- 8:22was an interest on the part of the prosecuting attorney
- 8:25to move the case more quickly. Miss Stansbury, Okay, so
- 8:28let's follow up very quickly there. So you know, in
- 8:31communication with your office it was discussed that you had
- 8:34prosecutorial discretion about whether or not to move forward with
- 8:37the case, and you chose instead. That was your decision
- 8:41to move a non prosecution agreement, correct, Acosta. I approved
- 8:45the negotiation of the non prosecution agreement, Stansbury. And so
- 8:49can you tell me was there anyone in the chain
- 8:51of command between Marie Villafauna and you who recommended it
- 8:55not be prosecuted or that you move a non prosecution Acosta.
- 9:00I don't recommend. I don't recall anyone that recommended that
- 9:03we not proceed with the case, Stansbury. So everyone in
- 9:07the chain of command, from the line prosecutor up to
- 9:09you was recommending prosecuting, Acosta. No, if I could your
- 9:14question was proceed with the case? Stansbury. Well, let me
- 9:18ask the question I'm asking, not the one you want
- 9:20to answer. The question I'm asking is is there anyone
- 9:23in the chain of command between the line prosecutor of
- 9:26Villa Fauna and you when the recommendation came up, who
- 9:29recommended to you to pursue a non prosecution agreement? Acosta.
- 9:34So this was twenty years ago. Everyone in the chain
- 9:36of command was recommending that we proceed with the negotiated resolution.
- 9:41There was a discussion about whether that should be Stansbury
- 9:45cuts them off. I don't think that's correct, right, because
- 9:48we know that the line prosecutor provided a memo and
- 9:50an indictment. So you're saying every single person in the
- 9:53chain of command from the line prosecutor to you, was
- 9:57recommending that you don't prosecute. No, that's not what I said, Stansbury.
- 10:03Let me have an affirmative statement, Acosta. Right, so what
- 10:06I said, and I don't have the declaration in front
- 10:08of me. I wish I did. Stansbury, Let me ask
- 10:12the question in a different way, because I don't want
- 10:14to parse words. You said you had a discussion with
- 10:16your senior team, and as I understand it based on
- 10:19the documentation, there was Marie Villa Fauna, she had two
- 10:23field supervisors, then Jeff Slowman, and then you you signed
- 10:27off on proceeding with the non prosecution agreement. So, going
- 10:31back to what you stated earlier today, I'm trying to
- 10:33understand what inform your thinking when you decided to proceed
- 10:37with a non prosecution agreement rather than telling the field
- 10:40of prosecutors to continue to pursue the evidence and build
- 10:43a stronger case. Acosta. Okay, So, miss Villa Fauna, the
- 10:47line prosecutor, the prosecuting attorney in Swarren's statement said the
- 10:51following Stansbury. No, I'm asking about your own thought process, Acosta.
- 10:56But I'm trying to answer your question. If I could
- 10:59some have a lie that Epstein would have easily been
- 11:01convicted and all the victims were eager to participate in
- 11:04a full fledged federal prosecution. As a prosecutor who handled
- 11:08the investigation, I can say that these contentions overlook the
- 11:11facts that existed at the time. She then goes on
- 11:15to say that the favored and negotiated resolution, that she
- 11:18thought it was in the interest of the victims and
- 11:20the office, and it was her understanding that the office
- 11:23as a whole favored a negotiated resolution. Miss Stansbury, did
- 11:28you read her memo and the indictment? Mister Acosta? If you,
- 11:31Stansbury cuts him off again, and do you have copies
- 11:34of the documents? Acosta? If I can finish my statement, Stansbury,
- 11:38But can you answer the question? Acosta? Can I please
- 11:41finish my sentence, then I'll answer your question. Stansbury. Can
- 11:45you answer that question please? Acosta. If you go to
- 11:48the OPR report, the managing attorney of the Palm Beach
- 11:51office favored a negotiated resolution, The criminal chief favored a
- 11:55negotiated resolution, The first assistant favored a negotiated resolution. Miss Stansbury,
- 12:02we're asking about people that were in your chain of command, Acosta.
- 12:06These were all in my chain of command. They were
- 12:09my supervisory staff, and also the entire chain favored and
- 12:12negotiated resolution, Miss Stansbury. Was that before or after you
- 12:16made the decision to proceed to a non prosecution, mister Acosta?
- 12:21That was before Stansbury? Okay, have you read Miss Villafana's
- 12:25memo and indictment? Acosta? So that was twenty years ago.
- 12:28I don't recall if I read it or not. Miss Stansbury,
- 12:31you don't know if your own line you made a
- 12:33decision on a case about non prosecuting a high profile
- 12:36case without reading the memo of the line prosecutor, mister Acosta.
- 12:42So let me answer fully, because I was cut off.
- 12:44It was twenty years ago. I don't remember any document
- 12:46that I read twenty years ago. It was a long time.
- 12:49What I do know is that there was a fullsome
- 12:51discussion that we would have talked about this. I may
- 12:54have read it. I may have sat around the table
- 12:57and said, let's go over the document, and you flipped
- 12:59through it. We have had conversations among senior staff about it.
- 13:03You know, this is no different than legislation, where sometimes
- 13:06it's read. Sometimes you rely on your staff for some reason,
- 13:09and you empower your staff to do it correctly, which
- 13:11I did. Stansbury. Can I ask you a follow up question, Acosta? Yes, Stansbury,
- 13:17is the memo and draft indictment in the files at
- 13:19the DOJ for this case? Mister Acosta, I don't know
- 13:22if it's in the files. I would presume it's in
- 13:24the files, but that's a question for the Department of Justice,
- 13:28Miss Stansbury. But it would be reasonable to presume that
- 13:31it's in the files, the DOJ files, Mister Acosta, I
- 13:35have no reason to think otherwise, Miss Stansbury. And then
- 13:39my second question, just going back, I think we're really
- 13:41trying to understand the motivation to pursue non prosecution. Can
- 13:45you lay it out to us very clearly and simply
- 13:47what evidence and your own thought process that led you
- 13:50to decide rather than continuing to prosecute the case, you
- 13:53decided to move to a non prosecution agreement. Mister Acosta.
- 13:58So I think maybe part of the difficult to hear
- 14:00his terminology because the non prosecution agreement was not prosecution.
- 14:04The non prosecution agreement was backstopping the state to obtain
- 14:08a guilty plea through the state system. Mss Stansbury. But
- 14:12you well, actually, yeah, that is terminology thing. You chose
- 14:15not to pursue a federal case. That's a non prosecution
- 14:18of a federal case. So I understand where you're headed
- 14:21with that line, but let's go back. I want to
- 14:23hear your line of thinking as US attorney as to
- 14:27why you decided to not pursue a federal case based
- 14:30on the evidence. Mister Acosta. Okay, So if you're willing
- 14:34to indulge me to allow me to finish the question,
- 14:36I think I understand what you're asking. I will try
- 14:38to answer the question. This case came to the US
- 14:41Attorney's office on a referral from the Palm Beach Police,
- 14:44which is unusual. Usually we get our cases from the FBI.
- 14:48It came from the Palm Beach Police because the Palm
- 14:50Beach State Attorney. They wanted the Palm Beach State Attorney
- 14:53to bring charges and they wanted the Palm Beach State
- 14:55attorney to bring three charges that would have resulted in
- 14:58what I understood at the time to be about two
- 15:00years imprisonment. The Palm Beach State attorney initially then offered
- 15:04they said, we have looked at the evidence, we don't
- 15:06feel comfortable with the evidence. We don't think the case
- 15:09is viable, and they offered a resolution of probation. My
- 15:13understanding is that Epstein rejected the state attorney's probation resolution,
- 15:17at which point the state attorney, even though he could
- 15:19have indicted, took it to a grand jury and asked
- 15:21the grand jury to decide how to proceed. And the
- 15:24grand jury took a look from the highest to the
- 15:26lowest charge, and they took a look at this. The
- 15:28grand jury returned to charge that would have allowed for
- 15:31pre trial diversion, and that's how the case first came
- 15:34to us. In that context, the first assistant at some
- 15:37point early in two thousand and six, asked the then
- 15:40prosecuting attorney to start what's called appetite waiver. Upetite waiver
- 15:44is a case that allows for double prosecution. If a
- 15:47state prosecution is so manifestly unjust, then the federal government
- 15:51can prosecute it as well, and so it came into
- 15:54our office in the context of a state case where
- 15:56we might be doing a double prosecution. So fast forward
- 16:00one year, give or take. The case is investigated further
- 16:03by our office, and it's time to proceed to a resolution.
- 16:06And there are two paths on which we can proceed.
- 16:09One would be a federal resolution, and the federal resolution
- 16:13was the most talked about, was the three seventy one
- 16:16and the other path, which would have been which would
- 16:18have been capped at much less than the guideline range,
- 16:21that would have been the negotiated plea, and the other
- 16:24path is a state resolution. Everyone in the office felt
- 16:28a negotiated outcome was the best choice. Everyone miss Stansbury did.
- 16:32They all feel that a non federal prosecution was correct.
- 16:35A cost If you'll allow me to answer, I'm trying
- 16:37to Stansbury. I'm going to come back to it, but
- 16:40I want you to finish the story. But just pin
- 16:43right in this moment a COSTA right. I'm going to
- 16:45go where you'd like to go. Just let me finish Stansbury, Okay, Acosta.
- 16:50Everyone in the office felt the negotiated resolution was the
- 16:53best outcome. Stansbury under state charges Acosta. A negotiated resolution
- 16:59was the best Stansbury. I just want an answer to
- 17:02that question, Acosta, it was the best outcome, Stansbury. Did
- 17:06you agree state versus federal in your office? Acosta? On
- 17:11the continuum of state versus federal, I believe the line
- 17:13attorney probably had concerns about preceding state. I think the
- 17:17statutory or supervisor attorneys were in between and did not
- 17:22feel strongly one way or the other. I think a
- 17:24fair way to characterize was that the federal versus state
- 17:28was more my concern than their concern, although they felt
- 17:31comfortable proceeding with the non state charges. And at no
- 17:35point do I recall the supervisory attorney saying we should
- 17:37not do this, Miss Stansbury. But the Uldiman call to
- 17:42proceed federally was yours, mister Acosta. The ultimate call was mine,
- 17:46as I've said, as I've said previously, it was my decision, Stansbury.
- 17:51And why That's what we're trying to understand. I want
- 17:53to know why, Acosta. Well, the why is it had
- 17:56come up as a state case. Stansbury. No, what's your
- 18:00thought process? Like? Why were you like, Okay, we've got
- 18:03forty witness statements a child sex abuse. These are federal crimes.
- 18:07Why were you like, no, we're going to just send
- 18:09it back to state who didn't think that it was
- 18:11going to handle it competently to begin with, mister Garcia.
- 18:15And then I have a question. As soon as she's
- 18:17done with that one, I have a question, Stansbury. This
- 18:21is the part that I don't understand, Like even in
- 18:23your timeline just there where you're saying that part of
- 18:26why the Feds got involved is because there was a
- 18:29feeling that the state wasn't going to fully prosecute the case.
- 18:32It's also child sex trafficking a federal crime. Why did
- 18:36you what was going on in your head that made
- 18:38you decide to not pursue it federally? A costa so
- 18:41you've labeled it a child sex trafficking And one of
- 18:44the discussions we've had today has to do with federal
- 18:47nexus and fulsome conversations that we've had within the office.
- 18:51Because we didn't have any evidence that there was travel, Stansbury,
- 18:54that there was what a costa travel? We didn't have
- 18:57any evidence that Epstein traveled across state lines with any
- 19:00of the victims. Stansbury, what about the witness statements that
- 19:03they had been flown on his jet up to his
- 19:05private island. That's evidence to travel across day lines. Acosta
- 19:09saw my recollection, we did not have the evidence of travel.
- 19:13And the reason that I'm willing, the reason that I
- 19:16say that is not based on independent recollection, but based
- 19:19on the fact that the OPR report, which talks about
- 19:21the contemporaneous discussions in the office and interviews with the
- 19:25various attorneys in the office, has a long discussion about
- 19:28the viability of bringing a federal case based on transporting victims,
- 19:32but on mister Epstein's travel on his own to South Florida,
- 19:35and whether or not or whether or not the purpose
- 19:37of travel was a purpose predominant purpose. For example, on
- 19:41page I think thirty four Stansbury. Okay, she interrupts. I
- 19:46understand the point you're trying to make about travel, but
- 19:48let me go back to the thought process. Acosta. But
- 19:52can I answer your question fully, Stansbury. But I think
- 19:55we're coming at here is like the evidence and witness
- 19:58statements were very clearly appointed to in the direction of
- 20:00abuse of miners. Acosta, yes, Stansbury, Yes, And it was
- 20:05the overwhelming consensus of the line prosecutor to pursue a
- 20:08federal prosecution. You stated a little while ago that it
- 20:12was viewed that the state might not fully prosecute the
- 20:15case or hold him accountable, that he could be incarcerated.
- 20:19So why did you say, Okay, this guy has been
- 20:21involved in abusing miners, we have the statements, we know
- 20:24what's happening. Why did you not proceed with the case? Garcia?
- 20:28And then after this question, I have a question Stansbury. Yeah,
- 20:32Acosta's so two points. First, you know, we thought that
- 20:35the state would be from our perspective, we thought we
- 20:38hand the case back to the state, the state will say,
- 20:41thank you, we can now put him away in jail
- 20:43and have him in continuous confinement for X number of
- 20:46months or two years. Stansbury, But your non prosecution agreement
- 20:51said they couldn't, Acosta. No, it actually said that they
- 20:54could and should. And we thought that if we went
- 20:57back to the state, that the state would be a
- 20:59reliable partner. Should I have assumed that, No, I should
- 21:02not have assumed that, Stansbury. You thought the state, based
- 21:05on your discussions, was going to fully investigate and prosecute
- 21:08after you engaged in the non prosecution agreement. Mister Acosta,
- 21:12that's not what I said, stans Perry, No, I'm asking
- 21:15the question, Acosta. So I thought that the state would
- 21:18be a reliable partner and put him in jail for
- 21:21the period of time that he agreed to go in
- 21:23and put them and not put him on work release. Stansberry. Okay,
- 21:26so you did not believe that they were going to
- 21:28fully investigate and prosecute Acosta. Can you allow me to finish, Stansbury.
- 21:34It's actually not my point, it's yours, and I'm going
- 21:36to pass it back to the ranking member. Mister Garcia.
- 21:40Let's move on. I appreciate it, all right, folks. We're
- 21:43going to wrap up right here, and in the next
- 21:45episode dealing with the topic, we're gonna pick up where
- 21:47we left off. All of the information that goes with
- 21:49the episode can be found in the description box. What's up, everyone,
- 21:54and welcome to another episode of the Epstein Chronicles. In
- 21:57this episode, we're going to pick up where we left
- 21:59off with the alex Acosta deposition once again, alex Acosta
- 22:03answering questions and various members of the committee doing the questioning.
- 22:09Mister Garcia, let's move on. I appreciate it. Mister Acosta,
- 22:13I'm going to pass it back, just really briefly, just
- 22:16back to the line. Prosecutor, Miss Villa Fauna, I believe
- 22:19did you believe that she was a credible prosecutor, mister Acosta, Yes,
- 22:23I did. Garcia, in your recollection of her work, you
- 22:27would have found her to have been a good prosecutor.
- 22:30Mister Acosta, yes, I would have and I did. Mister Garcia, Okay, great,
- 22:35I just wanted to make sure that we established that.
- 22:37And then mister redacted, do you want to first have
- 22:40I know we've got twenty minutes. Do you want to
- 22:43take another fifteen and then the last five minutes you
- 22:45want to go to miss and sorry, go ahead, sure,
- 22:49Miss Stansbury, and I have one more set of questions
- 22:52before the end of the hour, if possible, mister Garcia,
- 22:55one more question at the end of the hour. Stansbury, Yeah,
- 22:58before the end of the hour. Garcia, Okay, let's go
- 23:01ahead and try and get through this next round of questions.
- 23:03Then Miss Ansorry and then Miss Stansbury can wrap it up.
- 23:07Miss Stansbury, I'll go after because it's a slightly different topic.
- 23:12Mister adacted, just following up on the previous conversation, I
- 23:16did want a note for the record that, according to
- 23:18the OPR report, and I'm quoting from page forty, Miss
- 23:21Villafana was opposed to the state based resolution, and the
- 23:24report states, quote, in Villafana's view, the proposed state resolution
- 23:29quote didn't make any sense end quote did not correspond
- 23:34unquote to Department policy requiring that plea offer reflect quote
- 23:38the most serious, readily approvable offense. And that's quoting from
- 23:42the Ashcroft memo. Is that your consistent recollection answers. So
- 23:48my recollection as I present it previously, which I would
- 23:51characterize her as being the most in favor of a
- 23:53federal and at least in favor of a state, what
- 23:56she told OPR, is much stronger than at no point
- 23:59do I recall her telling me I am opposed to this,
- 24:02and so what she told OPR is a much stronger
- 24:05characterization of her position than my recollection of what she
- 24:09told me. Question, do you have any reasonab believe she
- 24:12was being untruthful when she spoke with OPR? Answer? Not
- 24:15at all. Question, okay, answer, but I do think that
- 24:19over time people question I'm sorry, he gets cut off
- 24:23on that, Miss Villa Fauna. Can we agree that this
- 24:25line prosecutor, she was the most closely acquainted with the evidence? Answer?
- 24:29I think that's fair. But I also think that given
- 24:32the degree of involvement mister Minchell had in this case,
- 24:35mister Minchell was very closely associated with the evidence, and
- 24:39he had been a former sex crimes prosecutor, and so
- 24:42he received quite a bit of deference. I should say
- 24:46that the office has substantial disagreements with her analysis. For example,
- 24:50on page thirty four, Lorie sentimental he gets cut off again.
- 24:55That's okay. I will get to those issues as we proceed.
- 24:58I just want to address an issue with respect to
- 25:00the victims and concerns you had described with respect to
- 25:04what certain people in your office viewed as the impeachability
- 25:07of them as witnesses at trial. The OPR report found
- 25:11that your office identified thirty two victims that the office
- 25:15was prepared to include in federal charges against mister Epstein.
- 25:19Did you, or anyone else in the office do any
- 25:21sort of quantitive analysis as to how many of those
- 25:24thirty two were impeachable verses more credible on the spectrum? Answer?
- 25:29I'm certain that the supervisory team sat down and went
- 25:31through that. That's what they do. That's what they do. Question,
- 25:35but do you have any personal knowledge of that? Answer?
- 25:38I don't have personal I didn't ask them show me
- 25:41the chart where you went through this memo. But this
- 25:43is what they do for a living. I wouldn't ask
- 25:45them in any case to show me the chart because
- 25:47this is what they do for a living every day.
- 25:50Question but thirty two victims is a lot of potential victims.
- 25:53Does it seem plausible that all thirty two were unreliable
- 25:56witnesses at trial? Answer? I do know. One of the
- 26:00concerns that Miss Villafana had, and this again going back
- 26:03to her declaration, was the interlocking nature of the victims
- 26:06and whether or not it could be betrayed that they
- 26:08were supporting one another, and whether it was possible to
- 26:11bring the case with interlocking victims that had all not
- 26:15at all, many of whom had previously known each other.
- 26:18Question but again, do you have any personal knowledge that
- 26:22she took that view to ask to all thirty two? Answer?
- 26:26I don't and I wouldn't, and I don't think it's
- 26:28appropriate to sit down and ask your prosecutors to show
- 26:31me the chart with respect to all thirty two question,
- 26:34and I'm just going to note that the Southern District
- 26:36of New York in twenty nineteen charged mister Epstein on
- 26:40several federal accounts on the basis of only two unnamed
- 26:43victims in its indictment. Are you aware of that? Answer?
- 26:48I'm aware that they charged on the basis of a number.
- 26:50I didn't know it was two. I may have known
- 26:52that it was two. But again, question, I think you've
- 26:56answered my question, mister Acosta, Thank you, I appreciate that.
- 27:00Back to mister An Sorry, did you have some questions?
- 27:03Mister an sorry, sure, very different topic. I'm curious about
- 27:07your resignation from the first Trump administration. First of all,
- 27:11you were offered a position in the Trump administration as
- 27:14it pertains to or because of your role in the
- 27:16Jeffrey Epstein prosecution. Acosta not in the least bit, no,
- 27:21mister an Sorry, okay. And why did you resign from
- 27:24your position in the administration, mister Acosta, The resignation was
- 27:28my choice. I resigned from the position. And let me
- 27:31just say I was not asked to resign. It was
- 27:34not suggested by anyone at the White House that I
- 27:36resigned I resigned. You know, I think I said earlier
- 27:39on old School. I think that you come into these jobs,
- 27:42you serve, and you leave, and they're special and they're
- 27:45a privilege. And if you become a distraction, then it's
- 27:48not appropriate for you to serve in these jobs. So
- 27:50I made a decision. I called the White House shortly
- 27:53after breakfast, asked them to speak to the President. I
- 27:55told them that it was time for me to move on.
- 27:59I did not want to be a distraction to this administration,
- 28:02and I chose to resign. We stepped out onto the
- 28:04South lawn. He did an impromptu press conference right there,
- 28:08and that's why I resigned. And that's what I wrote,
- 28:10and I actually mean what I write usually, So yes,
- 28:13mister ant sorry, and I think we touched on this
- 28:16a little bit earlier, But just to reemphasize, have you
- 28:19ever discussed the Epstein investigation or Jeffrey Epstein with Donald
- 28:22Trump prior to your confirmation, mister Acosta, I had not,
- 28:26mister an Sorry, okay, mister redacted question, how about anyone
- 28:31in the White House? Answer? So, as I said a
- 28:33little bit earlier, at some point in the confirmation process,
- 28:36the Epstein matter came up, and at that point, I know,
- 28:39I don't recall who, but I do know I discussed
- 28:41it with the communication staff. I think it may have
- 28:44been in the context of a Washington Post article, but
- 28:47it may have been before that. I don't remember. I
- 28:50know that there was a Washington Post article above the
- 28:52fold at some point. Question, So to be clear, Acosta,
- 28:57but I am finishing answering I discussed it with other people.
- 29:01Gets cut off again. Question let's back up a little bit, Acosta. Okay,
- 29:05question when you were first approached about it potentially serving
- 29:08in the Trump administration? Answer? So I wasn't approached. I
- 29:12approached the Trump administration about serving in the Trump administration.
- 29:16Question and one was that answer sometime after the election.
- 29:20Question after the election and before the inauguration or after
- 29:23the inauguration. Answer? Probably sometime after the inauguration. But I
- 29:29want to complete my previous answer. At some point in
- 29:32the vetting or a confirmation process, I may have also
- 29:35discussed this with you go through an FBI background check,
- 29:38and it may or may not have come up, and
- 29:40I may have talked with folks about that during the
- 29:43vetting process. Mister ants, Sorry, do you remember who you
- 29:46spoke to mister Acosta. Whoever is involved in vetting. I
- 29:51didn't say I spoke to I said I may have
- 29:53and whoever would have been involved in that. But that
- 29:56was after I was given the position, not given the position,
- 29:59that that would be an awful misnomer. That after it
- 30:02was publicly announced that I would be nominated while I
- 30:05was being vetted. Question by mister redacted. So you mentioned
- 30:10that you approach the Trump administration? Answer? Yes, question who
- 30:14did you approach? Answer? I believe I approached. The system
- 30:17had been set up that was operated at a Trump tower,
- 30:21and I submitted my name through that system. Question And
- 30:24after you approach the Trump administration and before your confirmation?
- 30:27Did you speak to Donald Trump at all? Answer? Before
- 30:30my confirmation? Yes, before I was before he selected me
- 30:34as Secretary of Labor. Then I spoke to him. And
- 30:37what did you say during that conversation? Answer? So he
- 30:40asked me some questions, none of them related to Epstein
- 30:42in any way. They were all related to my background.
- 30:45They were all related to Labor. I answered the questions,
- 30:48and the next day he selected me. Question did you
- 30:51discuss your time at the US Attorney's Office for the
- 30:54Southern District of Florida. Answer, beyond an item on my resume. First,
- 30:59I don't know if I did or did not, but
- 31:01it was an item on my resume, and I'm certain
- 31:03he had my resume. Question So, just so I'm clear
- 31:07with the timeline, and please correct me if I'm wrong,
- 31:09did you say you received the nomination before you went
- 31:12through a vetting process? Answer? So, I believe there's an announcement,
- 31:16and once the announcement is made, then the FBI vetting
- 31:19process begins, the nomination is transmitted, and then the typical
- 31:22confirmation process. That's not unusual. Question sure answer Garcia could
- 31:28ask a follow up, Garcia first parts in audible, then
- 31:32vetting an interview or into a vetting process before the
- 31:35announcement was made. Mister Acosta, So I had been vetted
- 31:39by the FBI from multiple positions before I had been interviewed.
- 31:42I interviewed before the announcement was made with multiple members
- 31:46of the administration, and my final interview was with President Trump.
- 31:50I interviewed with him then the announcement was made. Question
- 31:54by redacted And anytime during these interviews before Donald Trump
- 31:59that you had mentioned answer? Yes, did Jeffrey Epstein's case
- 32:02come up. Answer no, question not once. Answer not to
- 32:06my recollection question. Did your tenure at the US Attorney's
- 32:09Office for the Southern District of Florida come up in
- 32:12any of these interviews prior? Answer not with the degree
- 32:15of specificity question So, all right, So the nominations announced,
- 32:19then you go through a vetting process. Can you describe
- 32:22that vetting process for me? Answer? You fill out a
- 32:25lot of FBI forms, you answer questions at the Office
- 32:28of Presidential Personnel, you have conversations, and it's either Presidential
- 32:32Personnel or White House Council or both. And then once
- 32:35you're formally nominated and you proceed to confirmation. Question So,
- 32:39at any point from your approach to the Trump administration
- 32:42to potentially serve as Secretary of Labor to your confirmation,
- 32:46did you have any conversation or discussion with anyone in
- 32:49the Trump administration about political concerns regarding Jeffrey Epstein. Answer again,
- 32:54I did not. It may have come up during the vetting.
- 32:57It came up after I was publicly announced, I believe
- 33:00while I was probably doing Hill visits. I think it
- 33:03was during Hill visits because it was while I was
- 33:05in DC and I had a conversation with the communication
- 33:08staff about it. Miss Stansbury, Can I ask a quick
- 33:12follow up question, sort of a sideline and then going
- 33:14back to you. Over the course of your engagement at
- 33:17the DOJ, did you ever see any documents in which
- 33:19Donald Trump's name appeared with regards to the Epstein case,
- 33:23mister Acosta, not to my recollection, Miss Stansbury, were you
- 33:27aware that Donald Trump was friends with Jeffrey Epstein? Mister Acosta,
- 33:31I have no recollection of Donald Trump associated with the
- 33:34investigation in any way, shape or form. Miss Stansbury. No,
- 33:38I'm just asking if there were friends. It's a well
- 33:40known fact. It's okay. You can answer in the affirmative
- 33:43on things that are well. Acosta cuts her off. Of course,
- 33:46I can answer in the affirmative if it's an affirmative answer.
- 33:49It's twenty years later, Stansbury. You read the newspaper, right, Acosta.
- 33:53I'm sorry, Stansbury, I said you read the newspaper. Acosta.
- 33:58I read newspapers now, and I know what's talked about
- 34:01in newspapers now in two thousand and six. You know,
- 34:04I don't think this was talked about as a headline
- 34:06in two thousand and six. Stansbury, did the FBI interview
- 34:10Donald Trump or speak to him with regards to this case? Acosta?
- 34:15I have again did not direct the investigation. If our
- 34:18prosecutors thought they should pursue the lead, they were free
- 34:21to pursue that lead, Stansbury. But is it possible that
- 34:25they did based on that relationship? Acosta? I have no
- 34:29knowledge that any person spoke to Donald Trump with respect
- 34:32to Epstein. I have no knowledge of Donald Trump's name
- 34:34appearing in any Epstein document. I have no knowledge of
- 34:37Donald Trump being associated with Epstein investigation in any way.
- 34:41I'm not saying that it wasn't because I can't speak
- 34:43on behalf of the many many attorneys and case agents involved.
- 34:47I can simply speak about what knowledge of it I have.
- 34:51And let me also say I think that there was.
- 34:54I think it's pretty spectacular. It hasn't leaked by now,
- 34:57but that's just speculation. Stansbury. And then I just have
- 35:01one more quick follow up, Garcia. How much time do
- 35:04we have left, Stansbury? Please? Redacted? Five minutes Garcia five
- 35:10minutes left one question for miss Stansbury. Stansbury, I just
- 35:14want to ask, and I would love if you would
- 35:16just say yes or no. And I know you're an attorney,
- 35:18so you know how this works. So since January twentieth
- 35:21of this year, twenty twenty five, have you spoken to
- 35:24or engaged in any form of communication with the following individuals. Acosta, Okay, Stansbury,
- 35:31Donald Trump, Acosta, No, Stansbury, Pam Bondi Acosta, Stansbury. It's
- 35:38just a yes or no. Acosta, Yes, and I'm going
- 35:41to answer Stansbury, Okay, the question I have Stansbury Director
- 35:46Beateel Acosta. I have been caught off again by Stansbury.
- 35:50I've got a list. I've got a list, Acosta, but
- 35:53I need to answer the question. Stansbury. Okay, Acosta. I've
- 35:57had the pleasantries with I've had pleasantries you'd categorize as
- 36:01pleasantries with Pam Bondy. Hello, how are you Stansbury? Okay,
- 36:05Acosta as part of a large zoom conference. Stansbury, Okay, Acosta.
- 36:10But I have not spoken to her in person, and
- 36:12I've not spoken to her in any way about anything
- 36:14having to do with Jeffrey Epstein, Stansbury director Patel Acosta,
- 36:19No Stansbury, any employee or political appointee of the White
- 36:24House Acosta. That's a broad question. I'm sure I've had
- 36:28multiple conversations with employees of the White House. I've not
- 36:31spoken to anyone at the White House to my recollection
- 36:34about anything having to do with Jeffrey Epstein since January twentieth. Stansbury,
- 36:39any employee or a political appointee of the Department of
- 36:41Justice Acosta. As I said, I was in a zoom
- 36:45meeting with Attorney General Pambondi and several other individuals. We
- 36:49probably set aloe, how are you and had little pleasantries.
- 36:52Nothing beyond that. Stansbury and any employee or appointee at
- 36:56the FBI. Acosta, no one from the FBI. No Stansbury, okay.
- 37:01So DOJ and the White House got it okay, and
- 37:04then they take their little recess. So that's where we're
- 37:06going to break as well. And in the next episode
- 37:08we're going to pick up where we left off. All
- 37:11of the information that goes with this episode can be
- 37:13found in the description box. What's up, everyone, and welcome
- 37:16to another episode of the Epstein Chronicles. In this episode,
- 37:20we're picking up right where we left off with the
- 37:22Alex Acosta deposition. Mister Garcia, So I just want to
- 37:27go back quickly. You said at some point during the
- 37:30vetting process. Answer yeah, question Jeffrey Epstein may have come up?
- 37:34Is that right? Answer? I said it may have. I
- 37:37don't recall if it did or did not. Question if
- 37:40it in fact had come up, when would it have
- 37:42come up in your speculation? Answer? In my speculation it
- 37:46would have come up. If the question may have arisen
- 37:49as part of your newspaper articles or something along those lines.
- 37:53Question and leading up in your preparation for the confirmation
- 37:56hearing with the Senate Answer yes, question did you prepare
- 38:00for questions about Jeffrey Epstein? Answer so there were articles
- 38:05in the media about that, and so yes, I did prepare,
- 38:07and I was asked by the Senate about this, and
- 38:09I answered consistent with my answers today. Question who did
- 38:13you prepare your questions with? Answer myself? Question no one
- 38:17from the White House? Answer I didn't prepare. These are
- 38:21questions that would be within my general knowledge, not the
- 38:24White House. And so no question. You didn't coordinate with
- 38:28the White House on your questions. They didn't review your
- 38:30questions in any respect. Answer So I was given binders
- 38:34about the Department of Labor and preparatory documents having to
- 38:37do with the Department of Labor. That is consistent with
- 38:40any transition and as part of that, I certainly had
- 38:43discussions about labor policy and the Department of Labor with
- 38:46part of the transition team, which was then at the
- 38:50Department of Labor, actually not at the White House, but
- 38:52at the Department of Labor. This would not have been
- 38:55within their purview. It wouldn't have been. These were materials
- 38:59or matter about me, not about labor policy, and so
- 39:02I would not have that would have not have been
- 39:04part of that particular so called prep question. I understand.
- 39:08Just so we're very clear, you did not discuss your
- 39:11answers regardless of labor policy with the White House prior
- 39:14to your confirmation hearing. Answer. I'm sorry when you say
- 39:18regardless question. Sure, I'll clarify labor policy aside. Did you
- 39:23discuss your answers for the Senate confirmation hearing with anyone
- 39:26at the White House? Answer? So, to be clear, I
- 39:29did not, to my recollection, discuss anything having to do
- 39:32with Epstein or my answers. Question that wasn't my question, sir. Answer,
- 39:37you know, with anyone at the White House, And I
- 39:39recall very few instances. As a general matter, the conversations
- 39:43about preparing for hearings took place with transition staff at
- 39:46the Department and not the White House. So I don't
- 39:49even know if we discuss the answers to any confirmation
- 39:52question with anyone at the White House, including the labor
- 39:55policy question. I have a couple questions just to make
- 39:59sure that the records, and then I've been crossing off
- 40:03questions as you've been answering them. You were asked at
- 40:05the very end by Miss Stansbury if you had ever
- 40:08spoken with anyone about any subject from January twentieth, twenty
- 40:11twenty five until present at the White House or DOJ.
- 40:15You said yes, but not about the Epstein case. Is
- 40:18that correct answer? That is correct question? Those were either
- 40:22social or professional, but not Epstein answer. To my knowledge,
- 40:25I have spoken with no one in government about the
- 40:28Epstein matter. Question, Thank you. It just felt that was
- 40:32fishing for a yes that's going to end up on
- 40:34the cameras here in a second, so I appreciate the
- 40:37scoping clarification. You were also asked a lot about whether
- 40:40or not the FBI or anyone in the office interviewed
- 40:43Donald Trump during the two thousand and six to two
- 40:45thousand and eight Epstein investigation and remind me of your
- 40:49answer again. Answer, I'm sorry, I became preoccupied because of
- 40:53the statement I said. I wasn't limited in scope for
- 40:56the time. Since January twentieth, to my knowledge, I have
- 41:00spoken with anyone in government about the Epstein matter. Question
- 41:04Thank you. So you were also asked about whether or
- 41:06not the FBI or your office interview Donald Trump in
- 41:10the two thousand and six to two thousand and eight
- 41:11investigation into Epstein. Answer yes. Question based off a couple
- 41:16articles that they both live in Palm Beach and Epstein
- 41:19went to Marrow Lago. Do you know how many members
- 41:21there are at mar A Lago? Answer? I would assume hundreds,
- 41:24maybe more. Question did you interview all of them? Again?
- 41:28I don't know who we interviewed. I don't direct interviews.
- 41:32I have no knowledge of who was interviewed or not interviewed.
- 41:35I have no knowledge, to my knowledge, to my recollection,
- 41:37to my memory, Donald Trump's name did not appear in
- 41:40any document or any matter related to Jeffrey Epstein. Question
- 41:45what about do you know how many people lived on
- 41:47pom Beach Island at the time? Answer? I have no idea. Question.
- 41:51Did you interview all those people too? Answer? Again, I
- 41:54don't think so. I'm pretty certain we did not question
- 41:58all right, And you were confident in your line attorneys
- 42:01that if they found a lead, they would follow it
- 42:03and they would interview that person. Answer, they would yes,
- 42:07question all right, thank you. Whoever's doing this questioning right
- 42:11here is obviously trying to help a Costa out, and
- 42:14the fact that their name is redacted is straight up trash.
- 42:17We've talked a lot about the non prosecution agreement, the
- 42:20OPR report a lot. I just want the OPR report,
- 42:23I believe came to the conclusion nothing illegal, against a regulation,
- 42:28unethical happened regarding the prosecution report, but that it showed
- 42:31poor judgment. I think that's what they said. Do you
- 42:34agree with the characterization of events? Answer? I agree with
- 42:39their findings with respect to events, and I agree with
- 42:41their core finding that the state resolution was poor judgment.
- 42:45In hindsight, it had any number of problems. Question, and
- 42:49you've touched on this a little bit, but I think
- 42:51you testified today that you did not foresee or anticipate
- 42:54a lot of the state problems that would follow the
- 42:56MPa is that correct? Answer? That is correct question, and again,
- 43:01hindsight being twenty twenty, if you had known the state
- 43:03was going to be a not supportive actor in this endeavor,
- 43:06would you have maybe addressed the case differently? Why would
- 43:09the state be an actor that could be relied upon?
- 43:13The whole entire point of going to the FEDS is
- 43:15because the state wasn't going to take action, So save
- 43:19the bullshit, bro. Answer, there is no way if we
- 43:24knew that the state was going to proceed as it did,
- 43:26that we would have addressed this case the way we did. Question.
- 43:30Thank you. I'm going to go back further in time,
- 43:33so again I understand that there is a lack of recollection.
- 43:35Were you aware I'll back up, When did you become
- 43:38US attorney for the Southern District of Florida. Answer sometime
- 43:42in two thousand and five. Question were you aware of
- 43:44Jeffrey Epstein prior to the investigation into him? Answer? I
- 43:48was not. Question were you aware of that palm Beach
- 43:51was investigating him prior to your office taking over? Answer?
- 43:54The first recollection that I remember of Jeffrey Epstein was
- 43:57shortly before I decided how to proceed on the term
- 44:00sheet I know I was briefed in two thousand and six.
- 44:03I don't even recall being briefed, and I don't even
- 44:05recall recognizing his name when I was briefed. Question do
- 44:10you recall any communication between yourself and Palm Beach Police
- 44:13Chief Michael Ryder? Answer? We may have communicated. I don't know.
- 44:16I don't remember. Question communications, I mean, he was the
- 44:20chief of police in Palm Beach may not have been
- 44:23specific to Ebstein. It could have been any number of
- 44:25criminal matters in the jurisdiction. Answer that's correct. Question. But
- 44:30do you recall any specific to Abstein? Answer? I do
- 44:33not remember. No. Question what about the Palm Beach lead
- 44:36Detective Joseph Roccari Do you recall any specific to Abstein? Answer?
- 44:41I don't recall any communication specific to Abstein, and I
- 44:44also think it would have been unusual for me to
- 44:46communicate with the detective without his boss present. Question you've
- 44:51talked about the batite Is that right? Answer? Yes, question
- 44:55the batite motion that would allow concurrent federal and state investigations.
- 45:00Answer correct. Question, When if you remember, did it shift
- 45:04into like away from that? Answer? So one of the
- 45:07difficulties is at the end of the day. The state
- 45:09did not ink their deal. They had an agreement, but
- 45:12they did not ink their deal. Question Uh huh. Answer,
- 45:16and so the petite waiver does not technically apply, but
- 45:19it informed the decision. The avenue of proceeding through the
- 45:22state and looking at this as a state case informed
- 45:25the outcome. Question did you review personally review the findings
- 45:30of the Palm Beach investigation? Answer? Which investigation? When you
- 45:34say Palm Beach investigation? Question the investigation that they handed
- 45:38to your office? Answer at the time, I did not.
- 45:41Question did you review it prior to the NPA? Answer
- 45:45I would have been fully briefed on the evidence, whether
- 45:47that was through my supervisory staff or by my reading
- 45:50summaries of it. As a general course, US attorneys don't
- 45:54sit with all the evidence files and the three zero
- 45:56two s. Well, guess what, dumbass? Maybe they should be
- 46:00in the boss and not knowing what your employees were
- 46:02up to. Question have you ever do you know who
- 46:06Sandy Berger is? Answer? I do not. Question so I'm
- 46:09assuming you've never spoken to Sandy Berger if you don't
- 46:12know who he is? Answer I would assume so. Question
- 46:16all right, what about Doug Band? Have you ever spoken
- 46:18a Doug Band Answer not to my knowledge, no question.
- 46:21All right, do you recall reviewing the West pom Beach
- 46:24police report regarding mister Epstein from two thousand and five?
- 46:27Answer again, in the usual course, I would have been briefed.
- 46:31I would have had some reason I wouldn't review the
- 46:33police reports or the three zero two's question shifting to
- 46:37when it became an FBI investigation after Palm Beach handed
- 46:41it over, were you involved at all in the decision
- 46:43making process of the FBI or the US Attorney's office
- 46:47taking up the case? Answer? I was not. Question that's
- 46:50something that someone on the supervisory staff can make on
- 46:52their own. Answer. Let me revise the answer. I have
- 46:56no recollection of being briefed. My understanding was based on
- 47:00OPR report that when miss Villafana approached my then criminal
- 47:03chief and myself it was before taking up the case,
- 47:07to ask if the office wanted to pursue the case,
- 47:09and I said, yes, this is the kind of thing
- 47:12we should pursue, and we pursued it. So yes, I was.
- 47:16It was unusual for me to say take up the case.
- 47:19Typically she should have had the authority to do this,
- 47:22but she thought she should check, and I said, go forward. Question.
- 47:26Do you recall any conversation of why she thought she
- 47:29should check on the case? Answer again, not my recollection,
- 47:32but the report. Because the state had dropped the ball.
- 47:35She wanted to check to see if we were willing
- 47:37to proceed. Question because it might make the state look
- 47:40a little bad. Answer, perhaps because it might make the
- 47:44state bad for whatever other reasons she wanted to check.
- 47:47And I said, go forward. Question all right? And then
- 47:50I think you touched on it briefly, but don't recall
- 47:53And would be odd for you to have communicated with
- 47:56the FBI case agents, but possible communication with the SEC
- 48:00agent in charge. Answer that's correct. Do you recall if
- 48:03the FBI ever recommended bringing federal sex trafficking charges? Answer?
- 48:07Not to my recollection question, and this may be in
- 48:11the OPR report. In May of two thousand and seven,
- 48:13Ms Villafana recommended indicting Epstein, and the FBI wanted to
- 48:17arrest him while he was in the Virgin Islands. Were
- 48:19you aware of that? Answer? In May of two thousand
- 48:22and seven, I believe she submitted a draft recommendation that
- 48:25had not gone through the supervisory chain. Her immediate supervisor
- 48:29actually had concerns about it, and I believe the OPR
- 48:32report talks about how he thinks it should proceed, that
- 48:35there are different charging decisions that he would make, and
- 48:39so she and he and others proceeded to have those discussions.
- 48:43Question you're referencing the sixty count indictment. Answer correct, the
- 48:47sixty count indictment that we've talked about. Answer yes. Question
- 48:52just generally, is it common for line prosecutors to draft
- 48:54indictments that then get negotiated with senior managers. Answer? You
- 48:59start with something and you negotiate it. That's very typical.
- 49:02It's been characterized that this was ready to go, it
- 49:05was her draft or something that hadn't even been vetted
- 49:08through the usual office process. Question in conjunction with that indictment,
- 49:12do you recall any conversation about the FBI wishing to
- 49:15take Epstein into custody in the Virgin Islands? Answer? It
- 49:19was twenty years ago. I don't remember. All right, we're
- 49:23gonna wrap up right here, and in the next episode
- 49:26we're gonna pick up where we left off with alex
- 49:28Acosta and his amnesia. All of the information that goes
- 49:32with this episode can be found in the description box