Latest / The Epstein Chronicles / The DOJ's Letter To The Court Explaining Their Failure To Comply With The Law
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome to another episode of the
- 0:03Epstein Chronicles. In this episode, we're taking a look at
- 0:07a letter sent to Judge Berman and Judge Engelmeyer by
- 0:12the DOJ and Pambondi, And in this letter, they're giving
- 0:16an update on where things currently stand as far as
- 0:19the Epstein Files release goes. So let's dive into this
- 0:24letter and let's see what sort of nonsense the DOJ
- 0:27has for us. Dear Judges Berman and Engelmeyer. The Department
- 0:33respectfully submits this letter as an update to its previous
- 0:36omission to the Court regarding the review and redaction of
- 0:40certain of the material required to be published pursuant to
- 0:44the directives of Hr. Forty four oh five, the Epstein
- 0:48Files Transparency Act. The Department continues to make substantial progress
- 0:53in its efforts to identify potentially responsive documents, review those documents,
- 0:59redact victim identifying information and privileged information, engage in quality
- 1:04control process, and prepare responsive documents for publication in accordance
- 1:10with the Act. In particular, the Department references US Verse
- 1:15Epstein nineteen cr rmb SDNY Docit eighty seven, eighty eight,
- 1:21ninety one, and ninety four and US versus Maxwell twenty
- 1:25CR three, thirty PAE SDNY Docket A nineteen, A twenty three,
- 1:31A twenty six, and A thirty nine, as noted in
- 1:35the Department's prior letters. While not all materials under review
- 1:39are covered by the court orders, the Department nevertheless continues
- 1:43to implement procedures across its review to ensure that victim
- 1:46identifying information is protected consistent with the Court's order and
- 1:51to the maximum extent practicable. Indeed, the Department has reviewed
- 1:56millions of pages of material, applying redactions as appropriate to
- 2:01include documents such as emails and text messages, as well
- 2:05as video and audio recordings created and or maintained by
- 2:09the defendants. The Department continues to engage with victims and
- 2:13victim counseled and apply quality control checks to ensure that
- 2:17victim privacy is protected to the maximum extent practicable. Contemporaneously
- 2:23with these efforts, the Department, using internal resources and with
- 2:27support from its vendors, has endeavored to ensure that the
- 2:30document management system it's using to comply with the Acts
- 2:34or operating and will continue to operate in accordance with
- 2:38the requirements of the Act and the Department's commitment to
- 2:41protecting victims privacy. Those efforts include not only manual review
- 2:46by hundreds of Department attorneys, agents, and others conducting page
- 2:49by page review of millions of pages of documents, but
- 2:53also electronic searches for victim names or other identifiers to
- 2:57isolate documents that are particularly sensitive and requires supplemental review,
- 3:03as well as relief from various protective orders issued in
- 3:06other courts. The Department currently expects that it will complete
- 3:11these processes with respect to the substantially all of the
- 3:14potentially responsive documents, including publication to the Epstein Library website,
- 3:20in the near term. The Department is not able to
- 3:23provide a specific date at this time and cautions that
- 3:26its ongoing process, including its quality control checks and document
- 3:31management system preparations, may require additional efforts to ensure the
- 3:35protection of victim identifying information while complying with the broad
- 3:40demands of the Act. More specifically, the Department is reviewed
- 3:45and redacted as appropriate, several millions of pages of material
- 3:49identified and files maintained by the Department, the FBI, and
- 3:53the relevant US attorney's offices. Those materials include not only
- 3:58internal department communication but documents acquired and created in the
- 4:03course of the various investigations at issue, as well as
- 4:06audio and video files obtained during those investigations redacted as appropriate.
- 4:11Pursuing to the Act and the Department's ongoing commitment to
- 4:15the protection of victims as noted in prior correspondence, these
- 4:20materials have been subject to manual review by hundreds of
- 4:24Department employees in consultation with counsel for victims as well
- 4:29as the victims themselves, to mitigate and minimize the risk
- 4:33of disclosure of any victim identifying information. As the Department
- 4:38previously noted, compliance with the Act is a substantial undertaking,
- 4:42principally because of the size and varying types of material
- 4:46and because for a substantial number of those materials, the
- 4:50capabilities of the document management system are not in themselves
- 4:53sufficient to ensure victim identifying information is redacted. As a result,
- 5:00careful manual review is necessary to ensure that information is
- 5:04identified and redacted before materials are released. Department attorneys, agents,
- 5:11and others have dedicated days and weeks to compliance with
- 5:15the Act and will continue to do so until it's complete.
- 5:19In addition, pursuant to the Courts Directive, including attorneys from
- 5:23the SDNY, have taken an additional review to ensure that
- 5:27any production is consistent with both the letter and spirit
- 5:31of the Court's protective orders. Specifically, the manual review as included,
- 5:37for example, searches related to the names of hundreds of
- 5:40self identified victims as well as individuals out of an
- 5:44abundance of caution the Department itself believes are or maybe
- 5:48victims based on information available to the Department. The Department
- 5:52has undertaken this potential victim identification process with great caution
- 5:57and inclusiveness in the spirit of its obligations to victims
- 6:01and the Court's orders. In addition to the victim related
- 6:05searches and manual reviews, the departments in the process of
- 6:09conducting various quality control related searches and reviews to ensure
- 6:14that its process have operated as expected and have provided,
- 6:17to the extent practicable, the maximum level of consistency in
- 6:21the treatment of similar materials across the production and the
- 6:26Department has continued to work with and will continue to
- 6:29work with, Council for Victims and indeed victims themselves to
- 6:33ensure that the anticipated production identify and redact victim identifying information.
- 6:41The Department continues to invite victims and or their council
- 6:44to contact the Department promptly if there is any concern
- 6:47about materials that are published pursuant to the Act. As
- 6:51noted in prior filings with the Court and public statements,
- 6:55the Department remains committed to protecting the privacy of victims
- 6:59and other personal identifying information, the production of which is
- 7:03not called for under the Act, to the extent applicable.
- 7:07The Department reminds the public generally and victims specifically, if
- 7:12anyone believes materials improperly or inappropriately have been published pursu
- 7:16into the Act at http www dot Justice dot gov
- 7:22backslash epstein, they should contact the Department EFTA at USDJ
- 7:28dot gov. The Department will continue to apprize the Court
- 7:32of its progress in this regard. Although the Act provides
- 7:35for the withholding of materials on a temporary basis to
- 7:38allow for a review and redaction of personally identifiable information
- 7:43of victims as discussed above, hundreds of Department employees are
- 7:47working diligently to complete this review as expeditiously as possible.
- 7:53In addition, in its efforts to comply with the Court's orders.
- 7:56The Department has undertaken particular process for cert of vacation
- 8:00of Protective Order materials before their release without compromising victims privacy,
- 8:06so that its production can be complete see Act Section
- 8:10two C one A and C. The Government remains available
- 8:15as always to answer any questions the Court may have. Respectfully, Yours, Pamela,
- 8:21Jay Bondi, Todd Blanche and signed by Jay Clayton. All
- 8:27of the information that goes with this episode can be
- 8:29found in the description box.