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Transcript

The Legal Basis for Redactions: DOJ Explains Its Epstein File Edits In A Letter To Congress · The Epstein Chronicles

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  Speaker 1: What's up, everyone, and welcome to another episode of the
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  Epstein Chronicles. Pambondi and the DOJ sent Congress a letter
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  stating that all of the records had been released and
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  that nothing that wasn't supposed to be withheld was withheld.
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  So in this episode we're going to take a look
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  at that letter, and then in the next episode we're
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  going to talk about this so called list. But first
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  things first. February fourteenth, twenty twenty six Epstein File Transparency Act,
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  Section three Report to Congress. Section three of the Epstein
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  Files Transparency Act requires the Department of Justice, within fifteen
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  days of completing the release required under the Act, to
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  submit to the House and Senate Committees on the Judiciary
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  a report listing one all categories of records released and
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  withheld to a summary of redactions made, including legal basis,
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  and three a list of all government officials and politically
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  exposed persons or referenced in the released material. Consistent with
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  Section three of the Act, the Department provides the following
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  information categories of records released and withheld, Categories of records
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  released in accordance with the requirements of the Act and
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  as described in various Departments submissions to the Courts of
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  the Southern District of New York assigned to the Epstein
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  and Maxwell prosecutions and related orders. The Department released all records, documents, communication,
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  and investigative material in the possession of the Department that
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  relate to any of the nine different categories. One Jeffrey Epstein,
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  including all investigations, prosecutions, or custodial matters. Two Glad Maxwell.
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  Three flight logs or travel records, including but not limited to, manifests, itineraries,
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  pilot records, and customs or immigration documentation for any aircraft, vessel,
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  or vehicle owned, operated, or used by Jeffrey Epstein or
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  any related entity. Four individuals, including government officials, named or
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  referenced in connection with Epstein's criminal activities, civil settlements, immunity
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  or plea agreements, or investigatory proceedings. Five entities corporate, nonprofit, academic,
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  or governmental with known or alleged ties to Ebstein's trafficking
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  or financial networks. Six any immunity deals, non prosecution agreements,
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  plea bargains, or sealed agreements involving Epstein or his associates.
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  Seven internal DOJ communication, including emails, memos, meeting notes concerning
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  decisions to charge, not charge, investigate, or declined to investigate
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  Epstein or his associates. Eight all communications, memoranda, directives, logs,
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  or metadata concerning the destruction, deletion, alteration, misplacement, or concealment
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  of documents, including recordings or electronic data related to Epstein,
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  his associates, his detention and death, or any investigative files.
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  And nine documentation of Epstein's detention or death, including incident reports,
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  witness interviews, medical examiner files, autopsy reports, and written records
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  detailing the circumstances and cause of death. Categories of records withheld.
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  The only category of record withheld were those records were
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  permitted withholdings under Section two S, and privileged materials were
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  not segrable from material responsive under Section two A. As
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  discussed in the Departments December nineteenth, twenty twenty five and
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  January twenty ninth, twenty twenty six letter to Congress. The
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  privileges that applied to the withheld records were deliberative process privilege,
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  work product privilege, and attorney client privile No records were
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  withheld or redacted on the basis of embarrassment, reputational harm
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  or political sensitivity, including to any government official, public figure,
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  or foreign dignitary. C Two be one summary of redactions
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  made and legal basis Consistent with the Act, The Department,
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  in consultation with Victims, Council and Victims directly engaged in
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  an extensive process to identify and redact segrable portions of
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  records that A contain personally identifiable information of victim or
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  victims personal and medical files, and similar files, the disclosure
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  of which would constitute a clearly unwarranted invasion of personal privacy.
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  B depict or contain child sexual abuse material as defined
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  under US Code eighteen, section twenty two to fifty six
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  and prohibited under US Code eighteen Section twenty two, fifty
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  two and twenty two to fifty two exis would jeopardize
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  an active federal investigation or ongoing prosecution, provided that such
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  withholding is narrowly tailored and temporary. And D depict Or
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  contain images of death, physical abuse, or injury to any person.
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  Although permitted by the Act, no materials were redacted or
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  withheld on the basis that a record contained information specifically
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  authorized under criteria established by an executive order to be
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  kept secret. In the interest of national defense or foreign policy,
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  and are in fact properly classified pursuing to such an
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  executive order. As described in detail in the SDNY EFTA
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  Orders and Submission and the prior EFTA letter, the Department,
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  as permitted by the Act, undertook an extensive process to
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  redact victim names and victim personally identifiable information, including extensive
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  engagement with victims and their counsel. This engagement is ongoing,
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  and the Department remains steadfast in its commitment of protecting
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  the victims. The Department notes, and as discussed in the
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  SDNY EFTA Order and submission, unredacted versions of the material
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  are available for inspection at the Department by members of Congress,
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  and certain members of Congress have come to the Department
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  to inspect unredacted material. As discussed above and in the
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  prior EFTA letter, the Department redacted a limited amount of
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  information covered by various privileges, including deliberative process privilege, work
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  product privilege, and attorney client privilege. The legal basis for
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  these redactions and withholdings is that these privileges are long
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  recognized and based in common law. Given the presumption against
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  repeal of common law principle. The Supreme Court is recognized
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  that such privilege should not be held to have been
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  abrogated or limited unless Congress has at least use clear
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  statutory language before any departure from the rule affirmed through
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  the ages of the common law. A rule having its
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  solid foundation in the best interest of society can be adjudged.
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  The language declaring the legislative will should be so clear
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  as to prevent doubt as to the intent and the limit.
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  Congress expressed its intentions through statutory text passed by both
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  houses and signed by the President. List of all government
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  officials and politically exposed persons Below is a list of
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  all government officials and politically exposed persons named or referenced
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  in the release material. The term politically exposed person was
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  not defined in the Act, but consistent with Section three
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  of the Act, department reviewers were directed to notate all
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  government officials and politically exposed persons named or referenced in
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  any document, including videos and images, reviewed during the process.
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  The list includes, as directed by the Act, all persons
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  where one they are or were a government official or
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  politically exposed person, and two their name appears in the
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  files released under the Act at least once. Names appear
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  in the files released under the Act in a wide
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  variety of context. For example, some individuals had extensive direct
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  email contact with Epstein or Maxwell, while other individuals are
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  mentioned only in a portion of a document, including press reporting,
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  and on its face is unrelated to the Epstein and
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  Maxwell matters. All right, So here's the list, which is ridiculous,
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  by the way. Acosta, Alexander, Gloria Allred, Julianna soannge Vincent Barbino,
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  Steve Bannon, Xavier Besserra Beyonce Hunter, Biden, Laura Berger, Leon Black,
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  Anthony Blinken, Pam Bondy, Lauren Book, Stephen E. Boyd, John E. Brennan,
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  Sean Buckley, George W. Bush, Stephen Cock, Tom Carper Scherer,
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  Bill Clinton, George Clooney, Brian Collerin, Marian Comy, Bill Cosby,
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  Alan Dershowitz, Barry Diller, Kathlin DuPont, John Eisenberg, Ram Emmanuel
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  Stephen Feinberg, Michael Flynn, Edward Friedlin, Bill Gates, Rudy Giuliani,
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  Nicki Haley, Warren Hatch, Tony Higgins, Eric Holder, Mark Hosenball,
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  Sarah Huckabee, Claire Ivy, Henry Jureki, Miriam Adelson, Andrew Mountain,
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  Betton Winsol, Audrey Strauss, Alec Baldwin, Edward Barrock, Lna Bellohovlik,
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  Jeff Bezos, Jill Biden, David Bestrichter, Tony Blair, David Boys,
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  Dan Bongino, Corey Booker, Rick Bradshaw, John Brockman, Gerald Bull,
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  Jeb Bush, Russell Capone, Fidel Castro, Noam Chomsky, Chelsea, Clinton, Kirk, Obain,
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  Linda Collins, George Conway, Omar Dazza, Ron DeSantis, Phil Donahue,
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  George Aconna, Mo Elizabeth the Second, Jeffrey Epstein, Sarah Ferguson,
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  Mark Foley, Phillip Frost, Melinda Gates, Dan Goldman, Kamala Harris Roney, Hawk,
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  Stanley Hoe, Andresen Horowitz, Stanny Hoyer, Florence Hutner, Michael Jackson,
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  Jay z Woody Allen Arthur, Edward, Rory Guinness, Stephanie Avakian,
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  Doug Band, William Barr, Jeffrey Berman, Ashley Biden, Joe Biden,
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  Mark Bestrichtier Todd Blanche, John Bolton, Bono, David Bowditch, Richard Branson,
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  Jean Luke, Brunel, George h. Bush, Patrick Byrne, Tucker, Carlson,
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  Dick Cheney, Jay Clayton, Hillary Clinton, Michael Cohen, James Comey,
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  David Copperfield, Robert de Niro, Diana, Princess Welles, Rebecca Donalski,
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  Michael Egager, Keith Ellison, German, Urban Mark Philippe, Marius Ford, Olini,
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  Merrick Garland, Timothy Geitner, Lindsey Graham, Joshua Harris, Howard, Heis
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  Reed Hoffman, Michael Horowitz, Mike Huckabee, kel Ingey, Rock, Mick Jagger, Pramila, Jayapal,
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  Jakim Jeffries, Janice Joplin, Robert F. Kennedy, Junior, Carl Klein,
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  Jared Kushner, Jay Lefkowitz, Jack low, Zoey Lofgren, Lord, Robert May,
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  Nancy Mace, James, Mark Goland, Thomas Massey, Teresa May, Mark Meadows,
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  Nathan Mkowski, Alison Moe, William Mook, Nick Mulvaney, Jerry Nadler,
• 11:52
  Benjamin Nett, Yahoo, Michelle Obama, Oz Meckmitt Cash, Betel, Nancy Pelosi, Feelin,
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  John Podesta, Tony Podesta, Pope, John Paul the Second, Elvis Presley,
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  Prince Philip dan Quill, Brett Ratner, Joseph Riccari, Tom Reynolds,
• 12:11
  Terry Rod Larsen, Mitt Romney, Rod Rosenstein, John Ross, Mark Rowan,
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  Kathy Rumler, Ben Sass, Janis Schenberg, Amy Schumer, Tim Scott,
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  Jeff Sessions, Gretchen Schappert, Edward Snowden, Kevin Spacey, Debbie Stabenow,
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  Kenneth Starr, Pete Stordeleine Sultan, Achmed Ben Suliman, Hank Johnson,
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  John Kasich, John Kerry, Barry Krisher, John Kyle, Jeremy Lefroy,
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  Monica Lewinsky, Jessica Lannegren, Howard Lutnick, Peter Mandelson, ed Marky,
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  Glen Maxwell, John McCain, Robert Menendez, Michael Milken, Lisa Monico,
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  Jared Moskovitz, Rupert Murdoch, Janet Napolitano, Gavin Newsom, Alexandria kaz Cortes,
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  Sophia Papper, two Ron Paul Mike Pence, Stacey Plaskett, Laura Pomerantz,
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  Susan Pope, Lisa Presley, J. B. Pritzker, Jamie Raskin, Chad Reedler,
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  Michael Ryder, Susan, Rice Matthews, Rogers, Nicholas Ross, Diana Ross,
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  Timothy Rausch, Howard Rubinstein, Paul Ryan, Mary Gay, Scanlin, Adam Schiff,
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  Chuck Schumer, Jay Sechalo Jitsak Shamir, Timothy Shay, Alex Soros,
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  Elliott Spitzer, Jess Staley, Jen Stoltenberg, Glenn Straub, Larry Summers,
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  Alex Jones, John Kendall, Rawlins, ro Conna, Larry Koolow, Lady
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  Victoria hoeh Leo Leonard, Ted Lou Howard Lorber, Loretta Lynch,
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  Kareem Maw, Megan Markle, Robert Maxwell, Nicole McFarland, Alissa Milano,
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  Steve Manoochin, Marilyn Monroe, Robert Mueller, The Third, Elon Musk,
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  Larry Nasser, Barack Obama, Rosie O'Donnell, Daniel Parker, Joseph Pecorino,
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  Diego Pastana, Les Plord, Mike Pompeo, Samantha Howard, Prince, Harry
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  the Duke of Sussex, Thomas Pritzker, John Radcliffe, Ronald Reagan,
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  Janet Reno, Bill Richardson, Andrew Rohorback, Jeffrey Rozen, Alexander Ross, Miller,
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  Carl Rove, Marco, Rubio, Pierre Salinger, John Sciola, Martin Schlaff,
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  Stephen Schwarzman, Adrian SENATORI, Ben Shapiro, Daniel Said, George Soros,
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  Bruce Springsteen, Keir Starmer, Gunhild Stordolen, Barber streisand Eric Swalwell,
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  William Sweeney Junior, Peter Thiel, Ivanka Trump, j d Vance,
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  Kevin worsh Damian Williams, Ron Wyden, Jeff Zucker, Marjorie Taylor Green,
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  Carol Thomas Jacobs, Malania Trump, Marie Vi Lafauna, Abighan Wexner,
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  Michael Wolfe, Mark Young, Mark Zuckerberg, Margaret Thatcher, Donald Trump,
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  Chris Tucker, Richard Walker, Les Wexner, Stanley Woodward, and Paulo Zampoli.
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  This letter was signed by Todd Blanche. All of the
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  information that goes with this episode can be found in
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  the description box