Latest / The Vault: The Epstein Files / Mega Edition: Alex Acosta And His Epstein Interview With OIG Inspectors (Part 19-21) (6/23/26)
Transcript
- 0:04Speaker 1: What's up, everyone, and welcome to another episode of the
- 0:07Epstein Chronicles. In this episode, we're going to pick up
- 0:10where we left off with Alex Acosta and his interview
- 0:14with the OIG Inspectors. Question, Okay, what is your view
- 0:19of whether the Criminal Division's review encompassed the NPA itself. Answer? So,
- 0:24the Criminal Division, by its terms, did not encompass the NPA.
- 0:29I would say that's different than the Deputy's review that
- 0:32encompassed the totality of the circumstances. Question Okay, did you
- 0:37discuss did you have conversations with DAG with Mark Phillip
- 0:41about the case? Answer not to my recollection. Question okay,
- 0:45and we've already talked about submission that Redacted made on
- 0:48behalf of your office. Answer which yes, which I thought
- 0:53was a fulsome submission and included the draft indictment the NPA.
- 0:57I believe it included the term sheet and the other
- 0:59docors documents. Question did you or anyone else, to your
- 1:03knowledge asked DAG to review or assess the NPA or
- 1:07approve it. Answer not to before signature, Not to my recollection,
- 1:12but it was part of the ultimate review when Redacted
- 1:14submitted the matter to the deputy He included the agreement question.
- 1:18It was included their very first brief letter. You remember
- 1:22the letter that authored that he authored addressed really only
- 1:26the issues of the appropriateness of the case for prosecution
- 1:30in your office. It did not in any way reference
- 1:33the disposition, the plea agreement, or the NPA answer. So
- 1:37it was the brief letter based on redacted submission. I
- 1:40would have read that letter as they had all the
- 1:43material in front of them, and they were saying that
- 1:45there was no misconduct or abuse of discretion question. That's correct,
- 1:49But they did not say that they contacted, that they
- 1:53had addressed or assessed, reviewed even they didn't say that
- 1:56they reviewed or approved the NPA answer. Again, and you know,
- 2:00if the letter is here, I don't know gets cut
- 2:03off question. Yeah, I have it right here. It's not
- 2:06marked as an exhibit. But this is redacted's letter to
- 2:09Jay Lefkowitz and Ken Starr, dated June twenty three, two
- 2:12thousand and eight. It states that this office, meaning the
- 2:15Office of the Deputy Attorney General, has completed a thorough
- 2:19review of the US Attorney's handling of the matter involving
- 2:22your client and addresses or states that they've received and
- 2:27reviewed submission from both parties, and then states that the
- 2:30Deputy Attorney General will intervene only in the most unusual
- 2:34of circumstances in a US attorney matter, and we do
- 2:38not believe such intervention is warranted here. Even if we
- 2:42were to substitute our judgment for that of the US Attorney,
- 2:46we believe the federal prosecution of the case is appropriate. Moreover,
- 2:50having reviewed your allegation of prosecutorial misconduct and the facts
- 2:54underlying them, we see nothing in the conduct of the
- 2:57US Attorney's office that gives us any reason to alter
- 3:01our opinion answer. And so, if I could point out,
- 3:04this office has completed a thorough review of the US
- 3:07Attorney's handling of the matter, and so handling is a
- 3:10broad a broad term, and in reference to we believe
- 3:14that federal prosecution of the case is appropriate. The way
- 3:18I recalled reading that is, the federal prosecution of this case.
- 3:22The argument that was the agreement was inappropriate because this
- 3:26case should not have been prosecuted, and therefore that's the disposition.
- 3:31The federal prosecution of the case was appropriate, and so
- 3:35the handling of the matter. We reviewed, the handling of
- 3:37the matter, not the agreement, but the handling of the matter,
- 3:40and that the ultimate disposition you know, is at least
- 3:43not an abusive discretion or is appropriate? Question That's how
- 3:48you read it? Answer, That's how I read it. Question.
- 3:51And did you ever discuss that Did you ever discuss
- 3:53with anyone in ODAG what the scope of their review was? Answer?
- 3:59Not to my recollection. It was a fulsome submission question. Correct,
- 4:03But the issue presented by the defense were essentially federalism issues, right. Answer.
- 4:08So again this is based on you know, as much
- 4:12recollection as contemporaneous record. The issue presented by the defense were,
- 4:17in essence, it was the heart of the non prosecution agreement,
- 4:20which was it an abusive discretion to proceed in this
- 4:24case in the way that we did on the grounds
- 4:27that there may not or there should not have been
- 4:29a federal prosecution in the first place, or that we
- 4:33are using federal criminal law to elicit a civil outcome.
- 4:37And so I don't think it's fair to sort of
- 4:39narrow You can't say that our handling was you know
- 4:42that their handling was revised without reviewing the non prosecution agreement. Question,
- 4:47do you have any reason to believe that either ODAG
- 4:50or a criminal division. Well that the ODAG, let's stick
- 4:54with that, did in fact review the NPA, other than
- 4:57that it was where it existed, whatever it's as might
- 5:00have been. Answer. So it was clearly submitted, it was
- 5:03clearly referenced, and it was clearly part of the complaint.
- 5:07The complaint. The heart of the complaint about our office
- 5:10was that we were using this agreement to impose civil liability.
- 5:14And so I think it's fair to infer if the
- 5:16complaint implicates the agreement, that the agreement would have been reviewed. Question,
- 5:21but that's your inference. You don't have any specific communication
- 5:26with ODAG to that effect. Answer, I don't recall any
- 5:30specific communication. Question all right, I would like to take
- 5:34a short break. We're getting there. Answer. I hear you redacted.
- 5:39We appreciate your time that you've put into this. You've
- 5:42been here for quite a long time. Acosta, Yeah, redacted.
- 5:46The area that I want to discuss after the break
- 5:48has to do with the ultimate notification of the victims
- 5:51about the resolution of the case, the state plea and
- 5:54the result of the federal investigation. And there is going
- 5:58to be we have documents that are that are already
- 6:01marked that might be helpful if you take a look
- 6:03at a couple of them so we don't have to
- 6:05go through maybe during the break, so you don't have
- 6:07to go through them one by one, or I can
- 6:09just give you a very quick overview of sort of
- 6:12where we're going. I want to find out basically how
- 6:15we're getting from there. That would be the state asking
- 6:18for the US Attorney's Office to make the notification to
- 6:21the victims about the upcoming state plea that happens in
- 6:24November of two thousand and seven. That would be document
- 6:27thirty two B to the defense. Then finding out that
- 6:31the government want to notify the victims by letter, and
- 6:33then demanding that they see the letter and have some
- 6:36kind of comment on it. That would be document thirty three,
- 6:39an email from lef Quwitz. Then we have an exchange
- 6:42of letters. But the one I'd like to look at
- 6:45is at document thirty seven, which is a letter coming
- 6:47from redacted to the defense. And now, but you know,
- 6:50during the break, so I want to find out how
- 6:53we got from that Document thirty six where redacted is
- 6:57writing as letters saying that citing the CVRA regulation saying
- 7:02that the government is obligated to notify the victims about
- 7:05the resolution of the case, and attaching a draft letter
- 7:08to the victims telling them the time and date of
- 7:11the state resolution and plea, inviting them to come to
- 7:15ultimately a letter from you coming on nineteenth of December
- 7:19two thousand and seven, which is number forty one B
- 7:22agreeing to notify the victims of the state plea and
- 7:25agreeing with the defense to have the state be responsible
- 7:29for putting out that notification. And then we end ultimately
- 7:33with a letter or draft letter that we have that
- 7:35goes out to the victims in the case hon or
- 7:38after the plea in July. Well, we have the draft
- 7:41I'm going to show you which comes in June, showing
- 7:44that the letter was clearly meant to be sent after
- 7:47the plea as per the agreement. And that's document number
- 7:50fifty one. So that's a lot to unpack there. Answer.
- 7:55That's a lot to unpack. We should probably take it
- 7:57a step at a time. Answer. Yes, I just wanted
- 8:00to give you an overview because I think that's some
- 8:03of what you had mentioned earlier. I know it's been
- 8:06a long time, so I'll try to orient you from
- 8:09the timeline. So if you I have highlighted the section
- 8:13of those letters that we want to talk about, and
- 8:16if you have a chance while we're taking a break
- 8:18to look through them, that may be helpful to orient
- 8:21you so that we're not spinning our wills on this.
- 8:24I don't want to waste any of your time. Answer
- 8:26a fair question, all right, off the record. Back on
- 8:29the record now, questions begin again. Question Okay, great, So,
- 8:33I know I gave you a lot to unpack over
- 8:35the short break. We just had one. Basically, what we're
- 8:38trying to get to find out is how your decision
- 8:42making process regarding the victim notification issue. So maybe if
- 8:46you could just give anything with your December nineteenth decision,
- 8:51could you give us an explanation about how you got there? Answer? So,
- 8:55I think we should probably take this in stages. Question okay. Answer.
- 8:59As a general matter, I recall that there was back
- 9:02and forth regarding after the agreement regarding how to notify
- 9:05the victims, and there was back and forth between redacted
- 9:08and Jay Lefkowitz and redacted around all that. Sorry I'm
- 9:12losing my voice. I recall that there was an issue
- 9:15in particular that was raised that I tried to address
- 9:18in the letter and I recall at the end of
- 9:20the day, it was my impression that once there was
- 9:22an agreement for him to plead, that there was an
- 9:25attempt I redacted to provide notice to the victims. But
- 9:28it was a very It was I think on a Friday,
- 9:31and he was pleading on a Monday morning or something
- 9:34along those lines. And finally, I recall that the view
- 9:37of the office was that the CVRA did not apply,
- 9:41and so that this was a discretionary balancing that included
- 9:45consideration of what impact notification of the twenty two dot
- 9:49fifty five s would have at a trial the twenty
- 9:52two to fifty five provision if we had to go
- 9:54to trial. So we can unpack that. But those are
- 9:57my general recollections. Question, okay, answer, and look, let me
- 10:02add I think it's important. So I came in and
- 10:05out of the case that stages, and I was involved
- 10:08in certain aspects more than others. And while we had
- 10:10a long discussion about the term sheet and matters like that,
- 10:14while I was clearly involved in at least one dispute
- 10:17around the twenty two to fifty five, the nuts and
- 10:20bolts of how victims were notified is not something that
- 10:23I have a recollection about Okay, fair answer, but we
- 10:26can unpack it. Answer or question? I mean, okay, let's
- 10:30start with the exhibit thirty three. So there we have.
- 10:33As you can see, it's an email from left Qwitz
- 10:36to you and to redacted, objecting to a letter being
- 10:39sent to the victims unless the defense gets to review it.
- 10:42And later on in some of your other correspondents, you
- 10:45discussed that you you extended to the defense the courtesy
- 10:49of allowing them to review these letters. Is this the
- 10:53genesis of that courtesy? Answer? I don't have a recollection
- 10:57as to what the genesis might be. I know that
- 10:59there are well us back and forth between our office
- 11:02and the defense about the letter. Question. Okay, but as
- 11:05you can see on thirty three that you're not the
- 11:08response from redacted, but redacted instructs redacted to send the
- 11:12proposed letter to left Quitz, and I assume that redacted
- 11:15would have done that had you objected to it. Answer again,
- 11:18I don't recall any specific conversation. As general matter, this
- 11:23is not something I was getting into the weeds unless
- 11:26I had to. There was a lot of back and forth.
- 11:29Question uh huh. Answer, Redacted is someone that I trusted
- 11:33he was handling this matter. He's incredibly experienced. I know
- 11:36that there were concerns and issues around the impact that
- 11:39notification would have on the witnesses. I know that there
- 11:43were issues around the language, and I trusted that folks
- 11:46were working those out. Question Uh huh. One of the
- 11:50criticisms that's compost. You know the CVRA litigation, that's been
- 11:54the government allowing the defense to have review of these
- 11:57letters or potential victim notification letters coming out of the government,
- 12:02and that's very unusual. Have you had any other cases
- 12:05where you let the defense review such documents. Answer? I've
- 12:09had no other cases where I'm even aware of the
- 12:11victims being notified, because I assume it all operates without
- 12:15it rising to the management level. Question mm hmm. Answer,
- 12:19and so this is the first and only time that
- 12:22how individuals are notified to my recollection was even in
- 12:26the executive suite. Question isn't that usually done or accomplished
- 12:30by almost a computerized task? Answer? I would assume so, yes. Question,
- 12:36given that the unusual way the notifications are made by
- 12:39victim witness specialist, who is usually that person? Answer yes,
- 12:43question do I have that right? So the FBI has
- 12:46their victim witness specialist. Answer yes, question, and your office,
- 12:50the US Attorney's Office has dedicated people who do that
- 12:53job as well. Answer correct question. So why in this
- 12:58case not direct the notification to that person to be
- 13:02done in the usual course? Why elevate to something that
- 13:05the defense is going to be able to review? So
- 13:09I can't address the second half of that, but the
- 13:11first half of the question, why why was it elevated?
- 13:14You know, I think Redacted address some of that in
- 13:17her was it twenty seventeen? Avia David and so on?
- 13:21So we had an agreement that had been signed, and
- 13:24we also had substantial questions as to whether that agreement,
- 13:27whether ultimately Jeffrey Epstein would plead in court or not.
- 13:31And so one of the questions is how do you
- 13:33deal with notification of a possibility where the possibility could
- 13:37be used to impeach potential future witnesses who are also
- 13:41the victims. And that's a matter that was being worked
- 13:44out by the ausas in the office question and the
- 13:48impeachment is what answer? So impeachment I would believe Redacted
- 13:53went into some detail, is you stand miss victims stand
- 13:57to gain quite a bit of money if there's a conviction, correct,
- 14:01weren't you aware of this agreement? If we have to
- 14:03go to trial? Weren't you aware of this agreement? And
- 14:06this isn't based on my recollection. This is based on
- 14:08redacted Zaffid David, where she says that she had concerns
- 14:13that the impeachment go along somewhere along the lines of
- 14:16were you aware that if mister Epstein's convicted you stand
- 14:19to receive substantial sums? Yes? Were you influenced by this?
- 14:23And there were some according to Araffid David. This isn't
- 14:27my independent recollection, This is according to Affid David, there
- 14:30had already been dispositions of the victims, of at least
- 14:33some of the victims that raise these issues. And so
- 14:36I do think that it was a valid concern by
- 14:38the ausas how the notifications took place. Question Okay, but
- 14:43isn't that the type of line of cross examination the
- 14:46same for any case where they're super wealthy defendant? Answer?
- 14:52It may be the twenty two fifty five may make
- 14:55it a little different because it's automatic, But ultimately these
- 14:58are the judgments that line attorneys make, and a US attorney,
- 15:01I think it's appropriate to back up their judgment unless
- 15:04there was some reason for me to believe it was
- 15:06incorrect question, Was there any thought ever to just giving
- 15:11the victim notification that there will be a proceeding that
- 15:14will end the federal case, just separating that in maybe
- 15:18a later notification about the twenty two to fifty five answer.
- 15:23I can't speak to what we thought there was or
- 15:26was not. I can say around this timeframe, it was
- 15:29far from clear that there would ever be that Epstein
- 15:31would ever go into court, and we were thinking we
- 15:34may have to just go to trial because these collateral
- 15:36attacks keep going. All right, folks, we're gonna wrap up
- 15:40right here, and in the next episode, we're gonna pick
- 15:43up where we left off. All of the information that
- 15:45goes with this episode can be found in the description box.
- 15:49What's up, everyone, and welcome to another episode of the
- 15:52Epstein Chronicles. In this episode, we're gonna pick up where
- 15:56we left off with alex Acosta and his interview with
- 15:59the OIG inspectors. Question. Okay, let's get back on track.
- 16:05The question that I asked earlier about allowing the defense
- 16:08the courtesy to look at these letters. Can you just
- 16:11remind us again what was the reasoning that you're allowed
- 16:15to look at the victim notification letter. Answer, I can't
- 16:18speak to that that something that redacted and redacted would
- 16:22have handled. I think that you know, I'm responsible for
- 16:25the office. I'm not shirking. I'm just saying that this
- 16:28that this for the most part, is within their willhouse
- 16:31and not something that I was involved in. I can
- 16:34speculate question, sure, answer, the agreement was notifying them. The
- 16:39letter was notifying them of certain rights in the agreement,
- 16:42and therefore this is the time we weren't sure what
- 16:46was happening with the agreement, and so perhaps this is
- 16:49a way to address some of the concerns around the
- 16:51twenty two to fifty five. I don't know. I'm just speculating. Question. Okay,
- 16:56let's move on to Exhibit thirty six. This is a
- 16:59letter that goes out to left Kowitz under a redacted signature.
- 17:03You are c seed on the letter. Answer, all right, question,
- 17:07And what he's doing is sending a draft victim notification letter,
- 17:10which is attached as the attachment there dated December sixth,
- 17:13two thousand and seven. And I wanted to get your impression.
- 17:16If you go to page three of the letter, please
- 17:19the first little paragraph there when it refers to the
- 17:23Victims Rights and Restitution Act and the ultimate for the CBRA.
- 17:27If you could just read the paragraph to yourself. Please answer,
- 17:30are you referring to paragraph ten? Question? I'm sorry, I'm
- 17:35on the letter left the letter left Kwitz, not the
- 17:38draft letter, this one right here? Answer the additionally question, yes,
- 17:43additionally pursuing too the Victims' Rights and Restitution Act of
- 17:47nineteen ninety. Our office is obligated, et cetera. Answer okay.
- 17:52Question do you agree with the language that interpretation of
- 17:56the victims rights as far as the notification? Answer? So, so,
- 18:00let's sort of take this, this one sentence out of
- 18:02time with respect to the notification of other information that
- 18:06we were supposed to disclose. The statute requires that we
- 18:09provide victims with the earliest possible notice. I will assume
- 18:13that this is a restatement of the statute. I don't
- 18:17have it in front of me, but let's assume that
- 18:19that's a restatement of the statute. Just as in eighteen,
- 18:22these sections are not limited to the victim through. The
- 18:25Federal should be appropriately informed that a non pros does
- 18:30not require to forego its legal obligation on a sentence
- 18:33by sentence basis. I mean, do I agree sitting here, sure,
- 18:37but I would want to sort of sit down before
- 18:39I gave a legal opinion and spend more time with it.
- 18:42He gets cut off. Question, Okay, because coming out of
- 18:45your office sort of this. Well, let's go to the
- 18:48next page, page four. There's a citation to the right
- 18:51to confer in the first paragraph there, citing the CVR
- 18:54a's reasonable right to confer with the attorneys of the
- 18:57government in the case. Answer, okay, question, so you know,
- 19:01it looks like to me, I mean, well, it appears
- 19:05that there's two references to the CVRA obligation that the
- 19:08government has that ultimately the government argues that it did
- 19:12not have. Can you explain why that is a correct interpretation? Answer? So,
- 19:17what I can say is I recall, so it looks
- 19:19like at least some of the victims were notified. I
- 19:23recall a discussion and a view that the CVRA did
- 19:26not require it, and it was discretionary because it wasn't
- 19:30The case had not indicted, so it did not attach
- 19:32to its terms. Now that doesn't mean that it's not
- 19:35something to aspire to. That just means it wasn't legally
- 19:39binding question. And in the same manner though, while the
- 19:42CVRA isn't legally binding, it's also doesn't prevent you from
- 19:46notifying the victims, does it answer? It does not know question?
- 19:51And you have the discretion to notify should you choose
- 19:54to answer? Correct question? Okay? And so if you look
- 19:58at the letter that's attached this, this is a draft
- 20:01that goes out. We're on page one, page three of
- 20:04the letter, and the second to last paragraph. The letter
- 20:07is giving notice of mister Epstein's change of plea and
- 20:10sentencing that will occur well at this time it was
- 20:13December fourteenth of two thousand and seven, and it gives
- 20:16the address and it says underneath there you are entitled
- 20:19to be present and make a statement under oath. If
- 20:22you choose, you can submit a written statement under oath,
- 20:25et cetera, et cetera. So this is a letter that's
- 20:28actively inviting victims to come to the state. Would you
- 20:32agree that that's inviting victims to come to the state?
- 20:35Plea answer? I think that's fair question. And with the
- 20:39letter is reasoning that the government is sending would like
- 20:43to send this letter because it believes it's obligated to
- 20:45because it resolves a federal case. Answer. So I don't
- 20:49want to speak to the reasoning, but it's clearly a
- 20:52draft that the government is saying it intends to send.
- 20:55Question Okay, Now, ultimately, just this is not a question
- 21:00some information that will help to move us along. Obviously,
- 21:04this letter is never sent misredacted drafts. We have them,
- 21:08and I'm not going to show them to you. Thirty letters,
- 21:11copies of the letters to different victims, addresses them, puts
- 21:14them in envelopes, and is then told not to send
- 21:17the letters. Answer, all right, well the plea it's scheduled
- 21:21for December fourteenth, So yeah, question yes. But one of
- 21:25the issues that's still percolating until the end of December
- 21:28is who is going to make this notification, because, as
- 21:31you can expect, the defense pushes back on the letter.
- 21:34And so now we go to the number thirty nine please,
- 21:37And this is a December eleventh, two thousand and seven
- 21:40letter from ken Star to you. And if you look
- 21:42on page two at the front at the top, at
- 21:45the top of the page, there this letter is complaining
- 21:48about an oral notification that misredacted gave to one of
- 21:51the defense one of the victims attorneys that a letter
- 21:54would be coming, and so mister Starr is writing you
- 21:57to complain about it. And he mentions in later paragraphs
- 22:01that we have thought that the notification process had been
- 22:04an abeyance until completion of our ongoing discussions with respect
- 22:08to that process. So were you having discussions with mister
- 22:13Starr about the process at this time? Answer? I don't
- 22:16recall discussions. I think there were at least correspondents. I'm sorry,
- 22:20Where are you? I was reading the letter. I'm sorry,
- 22:23where are you? What paragraph? Question? Let's take a look.
- 22:27I know it's been a long day. Let's slow down here.
- 22:29We're on the second page of the Star letter. Answer yes, question,
- 22:34and it would be this the language in there in
- 22:37the second sentence, which goes towards the bottom, answer this notification.
- 22:42But quite apart from our substantive concerns, which we had
- 22:45thought the notification process had been an abeyance until the completion,
- 22:50that appears not to be. So this is respectably. So,
- 22:54where does it imply that I was having I don't
- 22:56recall communication with mister Starr. That's why I'm curious, at
- 23:00least verbal communications. I'm curious where you're reading that from question,
- 23:06he's saying, we had thought that the notification process had
- 23:09been held in abeyance until completion of our ongoing discussions.
- 23:13Are you saying that he gets cut off there by
- 23:15a star? Answer? So, I don't know where that may
- 23:18have come from, and I don't recall I recall at
- 23:21one point I think I sent a letter saying we'll
- 23:23hold off for a week. I don't recall the date
- 23:25of the letter. While your review some matters where the
- 23:28abeyance came from, I can't speak to question. Okay, let's
- 23:31go to Exhibit forty one B. This is your December
- 23:34nineteenth letter, and what I'd like you to draw your
- 23:37attention to is page two, the second to last paragraph there.
- 23:41Answer yes, question, so could you tell us how your
- 23:45decision making around this paragraph? How you got to this decision? Answer,
- 23:49so you're asking me to recreate at some point the
- 23:52issues clearly move from redacted interacting with defense counsel to
- 23:57my desk and my recollection twelve years after the fact.
- 23:59Is so you're saying we should notify them about the
- 24:03state proceeding and sure the state this was negotiated between
- 24:07Epstein and the State attorney, We did not direct the
- 24:10state proceeding, So whatever state process is appropriate for the
- 24:14state process will be given. But with respect to the
- 24:16federal resolution, we intend to provide victims with notice of
- 24:20the federal resolution as required by law. And your question
- 24:24is if we thought it was discretionary. I recall our
- 24:28believing it was discretionary, but you could also it doesn't
- 24:31hurt to when a letter say, we're kind of required
- 24:34to do this, and I think it was the right
- 24:36thing to do, and to provide them with notice of
- 24:38federal resolution. And once that resolution was reached, and part
- 24:42of the key word is what the resolution is, my
- 24:45understanding is that redacted made efforts to notify victims of
- 24:49that resolution and let them know that there would be
- 24:52a hearing the following Monday, and that they should attend
- 24:55because it would bring an end to the case. Question, well,
- 25:00let's just back up real quick, as far as the
- 25:03state attorney notifying people victims of the state resolution, did
- 25:07you have any concern with any particular part of it? Answer? So,
- 25:11it's difficult to recreate the thought process twelve years later,
- 25:14But ultimately you've got federal and you've got state, and
- 25:18the state attorney will do what the state attorney thinks
- 25:20is appropriate. It's not for me to direct the state attorney.
- 25:24I'm inferring based on this language, it's not for me
- 25:27to direct the state attorney or for our office to
- 25:30direct the State Attorney's office on its obligation with respect
- 25:33to the state outcome. Question Okay, I'm just asking because
- 25:37you know, the whole case came to the office because
- 25:41of some issue with the state attorney's resolution of the case.
- 25:44So now it's going back and they're going to be
- 25:46in charge of the notification. Did that raise any red
- 25:49flags with you or did you have any concern about
- 25:51whether it would be done correctly or done at all? Answer? So, again,
- 25:56this has come up in different contexts, and I think
- 25:59there was obviously concern about how he was being charged.
- 26:02But that doesn't mean that they will not fulfill whatever
- 26:04obligations they have. Let's not assume that the State Attorney's
- 26:09office is full of bad actors. Question. Okay, but even
- 26:13if I'm not assuming that they're full of bad actors,
- 26:17it's going to be difficult for them to notify the victims.
- 26:19Wasn't it that they didn't even necessarily know the same
- 26:22list as the federal victims, because you had found more
- 26:25victims answers, so we could certainly have shared the list
- 26:29with them. I mean, there are ways that this could
- 26:31have happened. I don't know how what the communications were,
- 26:35but as a conceptual matter, having the state notify them
- 26:38of the state hearing and having the federal government say
- 26:41that this is the federal resolution is consistent with the law. Question,
- 26:46but since the federal resolution is tied to the state plea,
- 26:50why not just combine the two of them in the notification.
- 26:53Here's the federal resolution, we're tying it to the state plea,
- 26:57and here's the date of the state plea. Answer. I
- 27:00can't speak to why or why not? I can you know.
- 27:02I can speak to my belief that this would be
- 27:04consistent with the law. That could also be one approach.
- 27:08I can't speak as to why a versus B question.
- 27:13Did somebody instruct you that or did you have a
- 27:15conversation consulting with somebody about whether this was a better approach?
- 27:19Answer I would have said, you know, based on practice,
- 27:22not recollection, but based on practice. I would have sat
- 27:25down with redacted, most likely since he was handling this matter,
- 27:29and we would have talked about it. I would not
- 27:31have sent this without running it by at least redacted,
- 27:34if not other individuals in the office. I don't know
- 27:37if based on your record there are emails with drafts,
- 27:40but you know, every document that I'm aware of was
- 27:42sort of shared within the management team, and this would
- 27:45have been one of those. Question with respect to the
- 27:48one specific decision about this should be at the discretion
- 27:52of the State's attorney. Did you consult with anybody in
- 27:54DC about the issue? Answer? I don't recall consulting with
- 27:58someone in DC about the issue. I recall general perspective
- 28:02that the CVRA as a technical matter did not attach
- 28:05because ultimately this was not an indictment. Question. Oh, can
- 28:11we before we leave? This letter gets cut off again
- 28:14by a costa if I could. I understand your questions,
- 28:18but I feel some obligation to erase the tension between
- 28:21did you consult in DC versus should you allow DC
- 28:24to review? And so, just so you know, we certainly
- 28:28were allowing review, but US Attorney's Office don't consult on
- 28:31every matter, especially offices that have the kind of experience
- 28:36that MIAMI does. Question. Before we finish with the letter
- 28:40from the nineteenth. Can we look at page three please,
- 28:44if you could read the first paragraph on page three
- 28:46to yourself, please answer, okay question. Could you in that
- 28:50section you mentioned that prosecutors that ask you to declare
- 28:53a breach and you resisted. Can you discuss that answer? Sure,
- 28:58that's referencing I think increasing frustration by the prosecutors, and
- 29:02I think that's reflected in contemporaneous emails saying why don't
- 29:06we just rip this up? And I recall conversations with redacted,
- 29:10And that goes a little bit to what we talked
- 29:12about earlier, which is concerned that a unilateral breach would
- 29:16overlay not just the initial issues that we had and
- 29:19not just the fact that the victims are getting older
- 29:21and the case isn't getting better. But then we have
- 29:25was the unilateral breach of valid breach or was it
- 29:28not a valid breach? And is the delay justified or
- 29:32not justified? And ultimately that additional liability, well not liability,
- 29:37that additional legal uncertainty would have made the case even
- 29:40harder because they were very careful to always say there
- 29:44is no breach. Let me address because I went on
- 29:48to read the next paragraph as well, and so let
- 29:50me circle back to an earlier issue, because I at
- 29:53least want to address it. Because the next paragraph then says,
- 29:56and it's clearer that I'm increasingly frustrated that my frustration
- 30:01with it appears to be an eleventh hour appeal weeks
- 30:04before then now schedule July eleventh plea date. That said,
- 30:08the issues raised are important and must be fully vetted,
- 30:11irrespective of timeline concerns. We hope to preserve the July
- 30:15fourth date. I understand Defense counsel with this in mind,
- 30:19and in the event the Defense Counsel may wish to
- 30:21seek review of our determination in Washington. I spoke this
- 30:25past Monday with Attorney General redacted, confirming if it's possible,
- 30:29appearing to ask her to grant the potential request for
- 30:32review and to the fact review this case in an
- 30:36expedited manner, in an attempt to preserve the July fourth date.
- 30:40He gets corrected January fourth. The address that address January Acosta,
- 30:46I'm sorry the January fourth plea date question, and that
- 30:51addressed the question I was asking answer, and that goes
- 30:54to the question you're asking, and again I'm recreating and
- 30:57I'm speculating having that following another eleventh hour appeal here
- 31:02I would say, I wouldn't say, let's appeal to this again.
- 31:06I think I'm saying pretty clearly it's against my frustration
- 31:09with what appears to be an eleventh hour appeal weeks
- 31:12before the now scheduled January fourth plea date. And this
- 31:16is not an invitation to do another appeal, because the
- 31:19appeal is already in DC. But my if we're going
- 31:24to do this appeal, let's get it over and done with.
- 31:26Then I'm sort of speculating based on the language, so
- 31:29that we can get this pled on January fourth, and
- 31:32let's not put it off until after the holidays. Question.
- 31:36But you did say to ask her to grant the
- 31:38potential request for review. Answer, which is why I wanted
- 31:41to on my own raise it Because is that saying
- 31:44please appeal me, or is that saying this is an
- 31:47eleventh hour appeal that you have now taken to DC.
- 31:51It's December nineteenth, we're about to go into the holidays.
- 31:54There's a January fourth plea date. This should not be
- 31:57another way to put it off. And so if you're
- 31:59going to do this, I'm going to try to expedite
- 32:01it so we can get this done. Question. In fact,
- 32:05it took until may answer. Yeah, answer it did and apologies,
- 32:10I just realized my voice question all right, rising So
- 32:14I don't know if that's my frustration at reading this
- 32:16again or it's getting late, but it was a frustrating matter. Apologies.
- 32:21All right, folks. We're gonna wrap up right here and
- 32:23in the next episode dealing with the topic, we're gonna
- 32:26pick up where we left off. All of the information
- 32:28that goes with this episode can be found in the
- 32:31description box. What's up, everyone, and welcome to another episode
- 32:35of the Epstein Chronicles. In this episode, we're gonna pick
- 32:38up where we left off with the Alexacosta interview with
- 32:41the OIG inspectors question. Let's just move to Exhibit forty six.
- 32:47This is an email from misredacted to you and redacted
- 32:50discussing how she has interviewed some victims that day. There
- 32:54is a mention that one of the victims said that
- 32:56you would rather not get any money and she'd have
- 32:59she would rather have Epstein spend a significant time in jail.
- 33:02Did that piece of information go into your character list
- 33:05at all about how the case should be resolved? Answer? So, again,
- 33:10not based on recollection because this is maybe, if not
- 33:13twelve eleven years ago. Question. Okay, but at this point
- 33:17there had been an agreement, the agreement was signed, it
- 33:20was being reviewed. Based on this email, we're trying to
- 33:23get and expedite the criminal Division because I see it
- 33:26says please reach to redacted to a maker decision. And
- 33:30I think at this point, as I've said, if we
- 33:32knew earlier, if we knew that this was going to
- 33:35go this long and take all of this, I think
- 33:38we may have approached the case differently. But we were
- 33:40so far along on this, there was a signed agreement.
- 33:43The United States can unwind an agreement just because it's
- 33:46frustrated or just because some victim indicates that they don't
- 33:50like it. That's not you know, if the agreement is
- 33:53not legally valid, if there are some other concerns. But
- 33:56I don't think that this in and of itself would
- 33:58have been grounds for unwinding agreement. Question. Do you think
- 34:02it's misleading for the government to have been interviewing these
- 34:05witnesses and preparing them for a trial when there's already
- 34:08assigned NPA That resolves the issue. Answer? So that was
- 34:13part of the judgment that there is assigned agreement, but
- 34:16based on the course of conduct, is that agreement really
- 34:19an agreement that will be honored? And so there was
- 34:22an ongoing investigation as well, because we didn't know if
- 34:25we'd go to trial, and I know that not. I know.
- 34:29My recollection is that the judgment was until we know
- 34:33that this agreement is really going to be performed fully,
- 34:36that to inform the victims of a possibility of civil
- 34:39recovery is problematic. And I can't say that judgment's incorrect.
- 34:43I think that's a valid judgment. Question fair enough. And
- 34:47then the last question on this email is at the
- 34:49bottom misredacted invites you to attend an interview with four
- 34:53of the girls that would be coming the following day.
- 34:58Did you attend? Answer? I did not, And as a
- 35:00US attorney, I don't think I attend. That wasn't typical
- 35:04for the office. Question would or was that ever? Had
- 35:09you ever had that type of request come from a
- 35:11line assistant? Answer? Not to my recollection, but I also
- 35:15tended not to have communication from the line assistance in
- 35:18the first place. Question were you at all curious, given
- 35:22you had discussed the issue with the witnesses in this case,
- 35:25that potential impeachment. You know that caused you two that
- 35:29went into the negotiation phase. Did you have any interest
- 35:32in seeing these people, even interacting with them personally so
- 35:36you can make your own assessment. Answer, So any interest
- 35:40is he gets cut off? Question? Would there be value
- 35:43in doing that? Answer? So, we had very experienced prosecutors.
- 35:47It's not just interacting with the victim that were in
- 35:50a really hard position. How I would draw a distinction
- 35:54between a victim being interviewed by an agent and how
- 35:56a victim holds up in court in a public setting
- 35:59under cross examine, and in that I don't think anyone
- 36:02in the office was questioning the pain or the suffering
- 36:05of the victims. I think that the issues were how
- 36:09they would hold up in court, which are uniquely trial issues. Question. Okay,
- 36:13so let's move on to what was your understanding that
- 36:17the federal government was going to do as far as
- 36:20the notification about the resolution of the case. Answer? So,
- 36:24my understanding was that at once we believed that the
- 36:26case was going, that the plea was going to go forward,
- 36:30that we would notify the victims of the resolution and
- 36:33of the agreement and basically how it played out. Question, Now,
- 36:38are you saying you had agreed to not notify. I
- 36:41mean one would read your December twelfth, nineteenth letter as
- 36:45an agreement that the federal government is not going to
- 36:47notify the victims of the state plea and that will
- 36:50end the part of the case. Is that correct answer?
- 36:54So I would parse my letter differently. And this is
- 36:57twelve years after the fact, and so this isn't based
- 37:00on recollection, but on my reading and my understanding of
- 37:03the course of conduct in the case sitting here now.
- 37:06My understanding was that our office was notified, was it
- 37:10on a Friday afternoon, that he would be pleading on Monday,
- 37:13and that at that time Redacted made efforts to notify
- 37:16victims that he would be pleading, and that he would
- 37:18terminate the federal resolution of this matter, and that the
- 37:21victims should attend the hearing, which wasn't the state resolution
- 37:25of the case. It was the federal resolution. And so
- 37:28you're saying that the state plea was also the federal
- 37:31resolution of the case. Answer based on my understanding of
- 37:34what happened. That's how my recollection, based on having reviewed
- 37:38the record, That's how I believed it proceeded. Although I
- 37:41think Redacted attempted to do so, couldn't reach some attorneys
- 37:44and exercise best efforts to let them know, but did
- 37:47not get a hold of all the victims over the weekend. Question.
- 37:51Before we get too deep into that, let's just take
- 37:54a quick look at Exhibit fifty one. So this is
- 37:57an email forwarded to you from redacted from January June
- 38:01twenty fifth, two thousand and eight, So that's five days
- 38:03prior to the plea in the case, or the state
- 38:06court plea. And the attachment there you'll notice is a
- 38:09letter with a notification of identified victims, and the letter
- 38:13is written, Would you disagree it's written with on June thirtieth,
- 38:17Epstein pled guilty. Do you see that? Answer? Yes? Question,
- 38:21So the inference it appears to be that this letter
- 38:24was to be sent after the plea. Answer. I see
- 38:27that also based on my review of the record, where
- 38:31I think I'm recalling the redacted affid David where she
- 38:34said that she made an attempt to notify the victim
- 38:36as soon as she was made aware that he would
- 38:38be pleading, that he would be pleading in state court. Question. Well,
- 38:44what it says in the Affid David I believe is
- 38:46that she made notification and the police department chief redacted.
- 38:50Police department made notifications. Is that correct? Does that ring
- 38:54a bell? Mister Todd? Do you have a copy of
- 38:57the affid David? It's right here, one copy Acosta on
- 39:03the back, Acosta so relevant to this paragraph thirty four
- 39:08and then another paragraph. These and other attacks and efforts
- 39:11to avoid the NPA's terms led the FBI investigative team,
- 39:15the office, and me to conclude that prosecution at trial
- 39:19remained a possibility and we should prepare as much. This
- 39:23meant that the victim notification letters had to cease, because
- 39:26one we no longer knew whether Epstein would perform under
- 39:30the NPA, and hence we did not know whether providing
- 39:33information about the NPA would be accurate until we believe
- 39:37that Epstein, through his council, would attempt to use victim
- 39:40notification concerning the NPA to suggest that victims had been
- 39:43encouraged by the FBI or the office to overstate the
- 39:47victimization for a monetary compensation, and then fast forwarding because
- 39:51you can read it on your own. On Friday, June
- 39:54twenty seventh, at approximately four to fifteen, I received a
- 39:57copy of Epstein's for post date plea agreement and learn
- 40:00that Epstein's state court change a plea was scheduled for
- 40:03eight thirty am on Monday the Palm Beach Police Department,
- 40:06and I attempted to notify the victims about the hearing
- 40:09in the short time available to us. I specifically called
- 40:12the attorney Edwards to provide notice to his clients regarding
- 40:15the hearing. I believe it was during this I never
- 40:19told that state charges involved other victims, and neither the
- 40:22state Court charging instrument nor the factual proffer limited the
- 40:26procurement of prostitution charges to a specific cell, so that
- 40:31was what I was referring to. Again, I'm basing this
- 40:33based on my review of the Affid David and not
- 40:36on recollection of how this may or may not have
- 40:38proceeded twelve years ago. Question, Okay, you know, would it
- 40:42surprised you to learn that misredacted only communicated with mister
- 40:46Edwards that day. That's because she was under direction from
- 40:49the manager to only contact Edwards regarding the potential plea
- 40:53for that Monday answer, the AFID David said she attempted
- 40:57to notify the victims, so I can't speak to that question. Okay.
- 41:01Answer and I don't have an independent recollection of this
- 41:04going back twelve years? Question were you aware that misredacted
- 41:08was directed to have no communication with the State Attorney's
- 41:11office and probably during the later period of the case
- 41:14in two thousand and eight? Answer not to my recollection
- 41:17question okay, So did you have would you not recall
- 41:21hearing anyone directing her to not communicate with the State's
- 41:24Attorney's office? Answer I can't speak twelve years later? What
- 41:28role I may or may not have had. I question,
- 41:31how if we need if there is an attempt to
- 41:34schedule a plea? In all of that, how can there
- 41:36not be communication? But I can't say whether I did
- 41:39or did not. When I say I have no recollection,
- 41:43I mean that in the broadest sense of the word.
- 41:46Question Okay. In your December nineteenth letter, you did agree
- 41:49that the State Attorney's Office would notify the state's victims.
- 41:52Right answer yes. Question and do you have any idea
- 41:57how that was supposed to be accomplished? Answer I can't
- 42:00speak to that. No question And would you have any
- 42:03knowledge of who the state victims are? Answer? I would
- 42:06infer that our office would have sufficient communication with the
- 42:09State Attorney's office to communicate who the victims were in
- 42:13the case because it was ongoing. It was an ongoing matter.
- 42:16But I don't know. Question, do you want to go
- 42:19on misredacted? Okay? Are you? Are you done with your
- 42:25that portion at least for the moment redacted? Yes, thank you. Question.
- 42:31I just want to clarify something you said a moment ago,
- 42:33mister Acosta. You said that you referenced or referred to
- 42:36the agreement the NPA as having been it was signed,
- 42:39and it was being reviewed. Were you talking about Washington? Answer? Right,
- 42:44question the Criminal Division? But we established earlier, did we
- 42:48not that the NPA was not the subject of the
- 42:50Criminal Division review? They expressly declined to review it. Answer,
- 42:55I stand corrected. Question Okay, I just wanted to be
- 42:58clear on the record. Thank you. So we've had a
- 43:01lot of conversation about the facts. We're fortunate in this
- 43:04case to have a plethora of documents upon which we
- 43:07can rely, even after twelve years, and we've tried to
- 43:10plumb the depths of your memory as to the events.
- 43:13Are there any facts, any conversations, any incidents, anything, based
- 43:17on the questions that you've heard here today that you recall,
- 43:21have recalled that you want to tell us about, want
- 43:23us to know answer, So give me a minute to
- 43:27just sort of think this through. I think we've covered
- 43:30most of the issues pretty clearly. I guess I would
- 43:33have two general comments. The first is whether folks agree
- 43:36or disagree with the initial two years, you know, registration
- 43:40and restitution. The office's focus was on having mister Epstein
- 43:44go to jail at the time, when from our perspective,
- 43:47these cases were at least presented with the facts federally
- 43:51at least unusual, and the most trafficking cases involve different
- 43:54sort of nexus. It involved bringing individuals into the country,
- 43:58or holding individuals against their will, or doing something like that.
- 44:02And this will go to my second point, which is,
- 44:04you know, sitting here we now see several high profile
- 44:07individuals who abuse power and have now been prosecuted, who
- 44:12are known at the time to who abused drugs, like
- 44:14Bill Cosby. There were rumors at the time, and you know,
- 44:17so looking back, maybe it was the right call, maybe
- 44:20it wasn't the right call, But there is some degree
- 44:23I'm not sure what the right adjective is frustration that
- 44:27and certainly some of this goes to me. But I
- 44:30think a lot of this goes to redacted and the
- 44:32individuals involved, that the attempt to put someone in jail,
- 44:35as opposed to decline the case and say this is
- 44:37just a state case, that the federal issues are too tricky,
- 44:41that ultimately this is the sort of novel interpretation that
- 44:45the attempt to come up with an outcome has rebounded
- 44:48in the way that it has. And I'm not saying, look,
- 44:51that's life, and I understand that, but I do think
- 44:53it's important to look back on this and try to
- 44:56be in the shoes of the thought process in six
- 44:58and seven, when picking prosecutions were fairly new, when you know,
- 45:03more so than today, some jurors may have looked at
- 45:05this as prostitution, perhaps more so than today. Judge's tolerance
- 45:10for victim shaming may have both caused more hesitation on
- 45:13part of the victims but also created more issues at trial.
- 45:16And so I think we've touched on that, and I
- 45:18think we've sort of wrapped up this portion of it,
- 45:20and it's important just to restate that question and the addition,
- 45:25are there any facts that you or the conversations or
- 45:28anything that we have talked about that elicited from you
- 45:32that you want us to know and to be clear,
- 45:35you'll have an opportunity to supplement all of this. Answer
- 45:38not at this time that I can think of. Question
- 45:40all right, how do you respond to public criticism that
- 45:44the defense attorneys, the Epstein defense team, we're getting extraordinary
- 45:48access to an influence on prosecutors from the line level
- 45:52all the way up through the department. Answer. So I
- 45:55would point out early in the case. When I said early,
- 45:58you push back, But from my perspective, early on in
- 46:01the case, not when it was first investigated, but when
- 46:04it was first bubbled up for a decision. Question and
- 46:07that would be mid two thousand and seven answer mid
- 46:10two thousand and seven juneish May to June two thousand
- 46:13and seven, May June July. We determined here is what
- 46:17we need for resolution. And I think we addressed some
- 46:19of this in the letter because we were receiving criticism
- 46:22back then, and I think the letter has been misconstrued
- 46:25to some extent because it was not here influential people
- 46:29were backing off. It was early on set three criteria
- 46:33two years registration restitution, despite all these attorneys, despite all
- 46:38these appeals, despite all these efforts. The Office did not
- 46:41budge with the caveat of the twenty four to eighteen months,
- 46:45which we've discussed, and from my perspective, despite all that,
- 46:49I backed the Office in sticking by that resolution in
- 46:52the various appeals in Washington, and so ultimately it was
- 46:56a year long process, but we ended up in a
- 46:59year later exactly where we started with the caveat of
- 47:02twenty four to eighteen. And so to the extent that
- 47:05there was influence, there was no change in position. Question, Well,
- 47:10my question was access. That this team of defense attorneys
- 47:13had extraordinary access, that they asked for meetings, they pressed
- 47:16for with communications, and that they had access. Did that
- 47:19seem extraordinary to you answer? So they asked for a
- 47:22meeting with me before the agreement was signed. I granted
- 47:26that that's not the first and only time that I
- 47:28granted a meeting to defense attorneys. I don't think it's
- 47:31a typical, particularly as a case coming to a resolution,
- 47:35for US attorney to sit down and meet with the
- 47:37opposing council. And I can think of several cases where
- 47:40that happened. There was certainly a lot of access in Washington.
- 47:45I would speak to you know, I think that's a
- 47:47question to direct to this building because the process here
- 47:51was lengthy and frustrating. But I think we successfully held
- 47:54firm in our position despite all the process in this building. Question,
- 47:59and again, my focus is not on your response, but
- 48:01on the access based on the prominence and the prominence
- 48:05of the defense attorneys. If these had been local, your
- 48:08sort of average criminal defense attorneys from you know name,
- 48:11where they hang out in Miami coming to you and
- 48:13pressing you for this, you writ large the department. Do
- 48:17you believe you would have had the same or comparable
- 48:20level of access. Answer? Yes, so I guess i'd respond
- 48:23this way if an attorney after meeting with my management
- 48:26staff as for a meeting with me, I believe I
- 48:29did and would have granted it. And I think of
- 48:31several matters on which those types of meetings were granted,
- 48:35and so that was not unusual with respect to the
- 48:38back and forth after the agreement was signed, this was
- 48:41an unusual agreement, and to some extent, as a result,
- 48:44the back and forth quickly elevated, particularly because matters would
- 48:48elevate in particular when they were being addressed at Main Justice.
- 48:52That would be a natural way for matters to elevate
- 48:54within the office, and so the fact that they were
- 48:57being addressed and reviewed and letters were coming here would
- 49:00naturally elevate the way the matter was treated in Miami.
- 49:04Question in particular, Jay Lefkowitz had ready access to Of course,
- 49:09he was involved in the negotiations with redacted directly in
- 49:13creating the NPA, But after that, it appears from the
- 49:16record that he was often contacting you and running or
- 49:20going above the people who work for you, and on
- 49:22numerous occasions you, again my characterization, reprimanded him or instructed
- 49:27him not to do that and to do direct his
- 49:29communications to a line attorney or supervisors. Is that a
- 49:33fair characterization? Answer? Yes, I think on several occasions I
- 49:37said direct them, And again that was after the agreement
- 49:41was signed. But yes, question, but there were many issues
- 49:44still pending correct answer, yes, question okay. And then was
- 49:48his ability to reach out to you as a function
- 49:51of your personal association? Is that fair answer? So I
- 49:55don't think that's a fair characterization. You could also say
- 49:59that it was the ability of a function of his
- 50:02his insistence is not doing what we asked And the
- 50:05fact that in a typical course a Miami attorney would
- 50:08not have done this because they would have to interact
- 50:10with the office on an ongoing basis, and so the
- 50:13repeat litigator behaves very differently than the one time raised
- 50:18Earth litigator. Question raised rzed answer correct. Question Is it
- 50:26reasonable for us to understand that had you followed the
- 50:29media coverage of what happened in the Epstein case over
- 50:32the years? Answer yes, question in your view overall and
- 50:36in whatever specific respect you wish to address it, has
- 50:39it been accurate or not so? Answer I think it's
- 50:42been accurate or inaccurate, I should say in several ways,
- 50:46and we can go through them cut off if you
- 50:49could just tick those off. Answer so, I think it's
- 50:51inaccurate in that it has been characterized as our approving
- 50:55estate plea, and the complexity of this case was a
- 50:58state plea and we were deferring in favor of a state.
- 51:00Prosecution has been lost and it's something that I have
- 51:03attempted to correct, but it's been very difficult to sort
- 51:06of explain that in the media. You know, this is
- 51:09a bad analogy, and so I haven't used it in
- 51:11the media, but I thought about it, and so I'll
- 51:14share it. So after the juicy smolet plea in Chicago,
- 51:18there were some discussion of whether the federal government should
- 51:21bring charges, and I remember the media saying that. And
- 51:24I haven't used this analogy because I don't want to compare,
- 51:27and I think it would be disrespectful to compare the
- 51:29facts of the case of to what happened to these victims.
- 51:32And I still I don't want the comparison to be drawn,
- 51:35but there is a legal comparison, right the US Attorney
- 51:38in Chicago could have stepped in and said, whether or
- 51:41not the state takes this plea, we may investigate this
- 51:43federally and sort of stop that plea from going forward,
- 51:47or at least put a wrench in those gears. Or
- 51:49the US attorney could have pursued that under petite policy
- 51:52and did not. And so our stepping into this sort
- 51:56of reminded me of how many times cases that are
- 51:59viewed as a manifest injustice to occur, and yet the
- 52:02federal government does not step in, and the fact that
- 52:05we stepped in has been construed as this became a
- 52:09federal prosecution and sort of going sort of question earlier
- 52:14the distinction between it was a manifest injustice versus this
- 52:18was the right outcome is something that I think has
- 52:21been lost on the coverage in this matter. I think
- 52:24a second issue that has been lost in the coverage
- 52:26of this matter is there is reference to Prince Andrew
- 52:29and Alan Dershowitz and Governor Richardson and Bill Clinton and
- 52:33the thing happening in London and the so called Lolita
- 52:35Express where things may have happened on airplanes, and so
- 52:38this is viewed from the public as this international matter
- 52:42where the victims were local. The actions, to my recollection
- 52:45were local. And so the distinction between this Pombeach incident
- 52:48and what the media likes to cover, which is, you know,
- 52:52did mister Epstein force a minor to have sexual relations
- 52:54with Prince Andrew is a very different fact pattern, both
- 52:57in terms of the public perception a minor to have
- 53:00sex with a third party that they you know, there
- 53:03is an outside solicitation in context, it's sort of traveling
- 53:08with these women and forcing them to have sex, versus
- 53:11a more local matter. I don't want to say solicitation
- 53:14because I think we've covered that, but some may view
- 53:17it as that, and I think those two are major
- 53:19elements that have been lost in coverage question. The case
- 53:23has been criticized as having involved in proper influence or
- 53:26favors or payments that affected decisions that were made within
- 53:30your office. Are you aware of all of those allegations
- 53:32as well in connection with this case? Were you yourself
- 53:36ever offered any payment or any favors or any promises
- 53:39of job assistance or anything like that in connection with
- 53:43the case? Answer no question. And to your knowledge, was
- 53:46there any offer to anyone associated with the case in
- 53:49your office? Answer not, to my knowledge. Question. It's been
- 53:53asserted also that the handling of the case in the
- 53:56office was affected by Epstein's wealth and influence in the
- 53:59pond each community. Do you what is your response to
- 54:04that criticism? Answer again, my response would be, you know,
- 54:08sometime in May or June, we came up with these
- 54:10three points and we stuck to them. And you know,
- 54:13I despite all of this, you know what, people make
- 54:16these assertions somewhere along the way, the fact that we
- 54:19stuck to those points is lost and not talked about.
- 54:23And so we did stick to those points, you know,
- 54:25and question whether the case would have come to us
- 54:28in the first place, and so, you know, I think
- 54:30that could go a long way the other way. Question
- 54:34I don't understand that. Answer that it's highly unusual for
- 54:37a case to be brought to the state, to the
- 54:39US Attorney's office after the state attorney declined, not declines,
- 54:44but questioned, fails to fully prosecute. Answer. Right, And so
- 54:48one question that also doesn't get asked. You know, to
- 54:51what extent was this case brought to us in the
- 54:54first place because of this because of its profile? Question?
- 54:58In other words, are you suggesting that is wealth and
- 55:00influence in the community affected the state's authorities? Answer? I'm
- 55:04not suggesting that. What I'm suggesting is that the case
- 55:07came in, the case proceeded, and someone can make the
- 55:10argument that the only reason the chief redacted brought it
- 55:13to us was because it had such a high profile.
- 55:16Are there other matters that take place in Palm Beach
- 55:18that a state attorney declines in the first place, that
- 55:20isn't brought to the state attorney because it doesn't rise
- 55:24to the US attorney because it doesn't rise to the
- 55:26profile question? All right? Well, in fairness, he might have
- 55:32done it because the number of victims too. Right. Answer,
- 55:34he may have. I don't know. What I'm suggesting is
- 55:37we tried to treat it fairly not looking at hey,
- 55:40how wealthy is he, but also not saying we need
- 55:43to do this because he's so wealthy. All right, folks,
- 55:45we're going to wrap up right here, and then the
- 55:47next episode dealing with the topic, we're going to pick
- 55:49up where we left off. All of the information that
- 55:52goes with this episode can be found in the description box.