Latest / The Epstein Chronicles / Mega Edition: Alex Acosta And His Epstein Related Congressional Deposition (Part 10-12) (5/17/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome to another episode of the
- 0:02Epstein Chronicles. In this episode, we're going to pick up
- 0:05where we left off with the alex Acosta deposition that
- 0:08was given to the Congressional Oversight Committee, and once again
- 0:12alex Acosta is doing the answering and the questions are
- 0:16coming from a whole host to people. Question again, my
- 0:20experience in MPa is is limited to this one. It
- 0:24seems odd, verging on concerning that it included a blanket
- 0:27immunity for the Southern District of Florida to both unnamed
- 0:31and four known co conspirators. Do you recall the origination
- 0:35of that line?
- 0:36Speaker 2: Answer?
- 0:36Speaker 1: So, as you're aware the matter is pending litigation, and
- 0:39I don't want to create evidence, but I'm going to
- 0:41read from the OPR report. It's not that I'd be
- 0:44creating evidence, but question Yeah, answer, I need to be
- 0:48careful here, page one sixty six. As the NPA drafting
- 0:52process concluded, Villa Fauna circulated to Lori and another supervisor
- 0:56a draft that contained the non prosecution provision actually start
- 1:00up a little bit before that. G On page one
- 1:03sixty six, OPR examined the decision by the subjects who
- 1:07negotiated the NPA, Villa Fauna, Lori, and Acosta to include
- 1:11in the agreement a provision in which the USAO agreed
- 1:15not to prosecute any potential co conspirators of Abstein in
- 1:19addition to four named individuals. Other than the various drafts
- 1:23of the NPA and the Federal Plea, OPR found little
- 1:27contemporaneous records mentioning it dot dot dot. Drafts of the
- 1:31NPA and the Federal plea show that the final language
- 1:34promising not to prosecute dot dot dot the provision expanded
- 1:38as not I'm sorry not to prosecute. Let me not
- 1:42do dot dot dot, Let's start again. Drafts of the
- 1:45NPA and the Federal Plea agreement show that the final
- 1:48broad language promising not to prosecute any potential co conspirators
- 1:51of Abstein evolved from more narrow provisions sought by the Defense.
- 1:56The provision expanded as Villa Fauna and Defense Counsel changed
- 2:00drafts of it, first to propose Federal Plea Agreement and
- 2:03then the NPA, with apparently little analysis and no substantative
- 2:08discussion with the USAO about the provision. As the NPA
- 2:13drafting process concluded. Villa Fauna circulated to Lori, who was
- 2:16then the managing attorney in Palm Beach, and another supervisor,
- 2:20a draft that contained a non prosecution provision, telling Lori
- 2:24it was some of the defense counsel's requested language, regarding
- 2:27promises not to prosecute other people, and commenting only, I
- 2:32don't think it hurts us. In a reply email, Lourie
- 2:35responded to another issue Villa Fauna had raised, but Lourie
- 2:38did not comment on the provision promising not to prosecute
- 2:42co conspirators or asked Villa Fauna to explain why she
- 2:45believed the provision did not harm the government's interest. In
- 2:49a subsequent email about the draft NPA, Villa Fauna asked
- 2:52Lorie for any other thoughts, but there is no indication
- 2:55that he provided further input. OPR found no document that's jested.
- 3:00Villa Fauna and Lori discussed the provision further, or that
- 3:04the other individual or individuals who were copied on Villafana's
- 3:08email referencing the provision her immediate supervisor, the supervisor designated
- 3:13to succeed Lori as manager of the West Palm Beach
- 3:15office and Villa Fauna's co council commented or had substantiative
- 3:19discussions about it. Villa Fauna told OPR that because none
- 3:23of the three supervisors responded to observation that the non
- 3:28prosecution provision doesn't hurt us, Villa Fauna assumed that they
- 3:31agreed with her assessment, and so they went through how
- 3:34it came to be and discuss that. And because it's
- 3:37pending question, no answer, I don't think it's wise for
- 3:41me to comment.
- 3:42Speaker 2: Question.
- 3:42Speaker 1: I totally understand that. So I'm not going to ask
- 3:45about your kind of like legal understanding of that language,
- 3:48what it means to you or anything. But the origination
- 3:51of the language I don't think is under a potential review.
- 3:54It's more what it means for MS.
- 3:55Speaker 2: Maxwell.
- 3:57Speaker 1: So the provisions from the OPR report you read said
- 4:01that it was broadening of a less narrow version that
- 4:03defense counsel had suggested. Do you recall any conversation about
- 4:07why it was broader? Answer? So, I don't recall any
- 4:11conversation about this. I ultimately approved the agreement, and because
- 4:15as US attorney I ultimately approved it, I'm responsible for it.
- 4:19What's contained in the report. I have no recollection of this.
- 4:22My assumption as I approved the ultimate agreement is that
- 4:26we had very experienced attorneys and that this would have
- 4:29been brought through and negotiated. I was focused, honestly on
- 4:33him going to jail, him serving as you know, him
- 4:35having to register as an offender, and the recovery, and
- 4:39my edits to the agreement focused on the agreement was
- 4:42directing the state to take action. And I didn't think
- 4:45that as the US Attorney I had the authority to
- 4:47direct the state, so I changed it from directing the
- 4:50state to directing Epstein to work with the state.
- 4:54Speaker 2: Question.
- 4:54Speaker 1: Okay, so no answer, I have no question, interrupts him again,
- 4:59No over recollection about how the sentence came to be,
- 5:03how those four names came to be? Answer, no independent
- 5:06recollection of that question. All right, do you have any
- 5:09recollection whether or not your office informed those four individuals
- 5:13that they were not going to be named in the
- 5:15prosecution agreement?
- 5:17Speaker 2: Answer?
- 5:18Speaker 1: I have no independent recollection. Question and then, based off
- 5:22what you just said, again, not trying, we don't want
- 5:25to interfere in any ongoing litigation either, but based off
- 5:28what you said, the past decision is that you're understanding
- 5:31that this language does not limit the Southern District of
- 5:34New York from prosecuting those individuals or other known co conspirators. Answer,
- 5:40so you know, it's my was my understanding at the time,
- 5:43and as I read this, I would have been aware
- 5:46of the Department's policy that any such provision authorized by
- 5:49a US attorney does not bind outside of Florida. And
- 5:53a district court has held that, a court of Appeals
- 5:56has held that it's pending in the Supreme Court, and
- 5:59we know that they ended up denying it as well,
- 6:02by the way, and that's also the written policy of
- 6:05the US Question and kind of I mean, and I
- 6:09understand it's still pending the final outcome, but kind of
- 6:12exemplified by the Maxwell case of the Southern District of
- 6:15New York did choose to move forward despite the provision
- 6:18being in place. Answer, that's correct, answer, all right. I
- 6:22don't want to get into the nitty gritty of the
- 6:24CRVA because I don't have it memorized. I'm not a
- 6:27crime victims lawyer, so I don't want to touch too
- 6:29much on the individual terms. My general understanding of that
- 6:33is it requires notification to potential victims prior. I think
- 6:37you said prior to indictment. Is that fair answer? At
- 6:41the time, the Office of Legal Counsel had written an
- 6:44opinion for the Department. The CVR, I think was relatively new,
- 6:49had just been passed by Congress a year or two prior.
- 6:52The Office of Legal Council had written an opinion that said,
- 6:55it does not attach until an actual indictment. So it
- 6:58doesn't even attach pre indictment. So it doesn't at the
- 7:02time until indictment. And just to interject here, Epstein's lawyers
- 7:06knew this. That's why they ended up going with the NPA.
- 7:10They think everybody's stupid. Man, They really think everybody's dumb,
- 7:14and nobody's been paying attention breaking news. We're paying attention.
- 7:18So save the happy horseship for somebody else. Mister Acosta. Question,
- 7:22So I guess, I mean, was there ever actually an
- 7:25indictment in the case?
- 7:27Speaker 2: Answer? There was not? Question, so was there? Is it?
- 7:30Speaker 1: Based off of the OLLC opinion? Your understanding is that
- 7:34if there was not an indictment, if it goes with
- 7:36the non prosecution agreement and there is not a plea
- 7:39in court, that victims would not have been notified. So
- 7:44not only is it my understanding. But the Justice Department,
- 7:48in this three hundred page report, found that there was
- 7:50no misconduct, no violation of law, no violation of policy,
- 7:54because it was the Justice Department's position that it did
- 7:57not attach and the litigation that was cited. The Justice
- 8:00Department through multiple administrations, through the Bush administration and then
- 8:04in subsequent administrations, both Republican and Democrat kept taking that
- 8:09position that there was no violation because the CVRA did
- 8:13not attach.
- 8:14Speaker 2: Question.
- 8:15Speaker 1: On October tenth, mister Lefkowitz sent you a letter saying
- 8:18that it was cited in the OPR report, no federal
- 8:21agent or employee of the US Attorney's Office should contact
- 8:24the victims to inform them of the resolution of the case.
- 8:28And then two days later you had breakfast. So I'm
- 8:30going to ask you about the breakfast. But I would
- 8:33think that most of us are lawyers in the room.
- 8:35Is there a difference between should and could answer? I
- 8:39would say there is, But you know, as the record
- 8:41will show later, we basically said that he's wrong and
- 8:45we can do what we want. Questions, So you weren't
- 8:47precluded from notifying answer. We weren't precluded. I think I
- 8:53think that phrase that I remember from the report said
- 8:56what you were suggesting as a gag order and the
- 8:58US attorney does not accept order. Question was it odd
- 9:02for defense counsel to suggest to you how to work
- 9:06with victims in an ongoing case? Well, not this defense
- 9:11council question. Can you explain that a little bit more?
- 9:13Speaker 2: Answer?
- 9:14Speaker 1: I think we've talked about how the Defense Council skirted
- 9:17the line. Question, So this is one instance of them
- 9:20telling US attorneys how to interact with victims in an
- 9:24ongoing case. Do you have other examples, off the top
- 9:27of your head answer of defense lawyers doing that? No
- 9:30question in this case. Do you have other examples of
- 9:33mister Lefkowitz, mister Dershowitz, or a mister Starr answer? So
- 9:37in this then he's cut off again, telling you back
- 9:41to Acosta, who once again answers. You know, in the
- 9:43very context you mentioned, they were going to be breakfast,
- 9:47and then after the breakfast, the breakfast took place upon beach.
- 9:50I was giving a speech there. It was a convenient location.
- 9:54And after the breakfast, I call my first assistant and
- 9:56a briefdom and I don't have independent recollection of this. This
- 10:00again is based on the Justice department's report finding that
- 10:04there was no impropriety, nothing wrong with the breakfast, and
- 10:07then he emails the first assistant saying that I had
- 10:10agreed to something which I had not agreed to, and
- 10:13we had to email him something back saying you're wrong,
- 10:15Acosta did not agree to such a thing. Question, do
- 10:20you have any other examples off the top of your
- 10:22head of one of those three individuals trying to like
- 10:25Acosta cuts them off. I think there are multiple examples
- 10:28in the record where they would claim that there was
- 10:30an agreement but there was none, and vice versa.
- 10:34Speaker 2: Question.
- 10:34Speaker 1: No, I'm more interested in defense attorneys from mister Epstein
- 10:37attempting to interfere in the US Attorney's office ability to
- 10:41work with, interview or notify victims. So this is one
- 10:45example of that. Answer. So, question where a defense attorney
- 10:49is telling you they read of the law and read
- 10:51it as an attempt to block you from talking to victims,
- 10:54are there others? Answer? I understand the question now. So
- 10:58one of the issues that arose was as a result
- 11:01of our seeking a mechanism a way for the victims
- 11:03to recover money, we set up a system whereby he
- 11:07would concede liability and they would, in essence, just argue
- 11:11over amounts. Question Uh huh answer. Defense counsel argued that
- 11:16the way that it was set up was a conflict
- 11:18of interest and that we couldn't proceed, and that was
- 11:21one of the grounds on which they appealed to Washington,
- 11:24and my first assistant and Defense counsel had a vigorous
- 11:27exchange over a number of weeks over that topic. We
- 11:30wanted the victims to be able to recover, and we
- 11:33thought once he signed, he meant what he said, and
- 11:36after he signed, he tried to get out of it.
- 11:39Question did Defense council ever try to interfere with your
- 11:41ability to work with FBI or other investigators in order
- 11:45to gather information.
- 11:47Speaker 2: Answer?
- 11:48Speaker 1: Not to my knowledge, but again, as I said before,
- 11:51I would typically direct the FBI how to gather their
- 11:53information or our line attorneys had to gather information. Question
- 11:58understanding OPR found the breakfast was fine. I'm just wondering, like,
- 12:02what was the discussion at breakfast regarding informing the victims?
- 12:07Speaker 2: Answer?
- 12:08Speaker 1: So, as I told HPR, I don't remember twenty years
- 12:11later what the discussion was. I can infer at the
- 12:14time he was trying to recuse our lead prosecutor, Miss
- 12:16Villa Fauna. Part of the mechanism for her seeking recovery
- 12:20for the victims was to appoint what, for simplicity's sake,
- 12:23we would call the special Master to follow this process.
- 12:27Miss Villa Fauna had recommended someone who was known or
- 12:30a friend or someone associated with her boyfriend, and defense
- 12:33counsel claimed that she had acted unethically and improperly and
- 12:37was looking to recuse her. Based on the timing, I
- 12:40can see how I would want to know what their
- 12:43allegations are. Miss Villa Fauna is a key part of
- 12:45the case. She was probably in the process of negotiating
- 12:48these issues, negotiating the victim recovery issues and notifying victims,
- 12:54and I can infer that's what I would have viewed
- 12:56the topic as Now, whether a defense counsel brought something
- 12:59else or not, that that's up to them. Question is
- 13:04it common for defense counsel to seek information to cause
- 13:07recusal or does it more often just kind of come
- 13:09up in the course of practice. Answer, It's not unheard
- 13:13of for defense counsel to seek refusal or generate conflicts
- 13:16of interest. In this case, I didn't think they had
- 13:19a basis, and I did not recuse miss Villa Funa.
- 13:22I thought their attempt to recuse my first assistant was
- 13:25much more egregious. All right, we're gonna wrap up right
- 13:28here and in the next episode dealing with the topic,
- 13:31we're gonna pick up where we left off. All of
- 13:33the information that goes with this episode can be found
- 13:36in the description box. What's up, everyone, and welcome to
- 13:39another episode of the Epstein Chronicles. In this episode, we're
- 13:43gonna get right back to the alex Acosta deposition that
- 13:46was given to the Congressional Oversight Committee. Once again, alex
- 13:51Acosta's answering questions from a whole host of people.
- 13:56Speaker 2: Question.
- 13:58Speaker 1: I'm going to go back to the end, but I
- 14:01want to ask just kind of your own thoughts and
- 14:03if you ever had conversations about it. Epstein obviously hired
- 14:06two people that could have potentially created a conflict for you.
- 14:10Do you think he did that on purpose? Answer? I
- 14:12think it was clear. He hired two attorneys from Kirkland
- 14:15one because having work with me, they would know my
- 14:18thinking and my style too. They could likely get an
- 14:21appeal to Washington, DC. And I think yes, I think
- 14:24he did that. He hired someone that had previously worked
- 14:28with my criminal chief. He hired someone that had been
- 14:30a partner with my first assistant. I believe he hired
- 14:33an ausa in our office that may have been privy
- 14:36the hallway conversation about the case. So there is a
- 14:39pattern here that we were well aware of. He hired
- 14:43someone he had an association with the managing attorney of
- 14:46the Palm Beach office.
- 14:47Speaker 2: Question.
- 14:48Speaker 1: And I mean, it's one thing to hire those people
- 14:50because they might know how opposing counsel thinks. But all
- 14:54the facts kind of point to an attempt to subvert
- 14:56the case answer. So let me make one thing clear
- 15:00as you're going there. The Office of Professional Responsibility at
- 15:03Department of Justice looked at all these contacts. They looked
- 15:07at everyone involved, They looked at all the emails, they
- 15:10looked at every communication, and they found no one proper conduct.
- 15:13They found no one proper influence. They found Niemen on
- 15:17your behalf, Acosta, on no, not only my behalf, but
- 15:21on behalf of everyone in the US Attorney's office, mister Neieman, right, Acosta.
- 15:26No one proper influence, no wrongdoing. So this is something
- 15:29that was fully looked at, fully considered, Yeah, what about
- 15:33the year's worth of missing emails, mister Acosta, and so
- 15:38you know, he hired who he hired. But we proceeded
- 15:41the way we wanted to proceed, and the record shows
- 15:43that from before these two attorneys were brought on board,
- 15:46where I approved for two years the registration and the
- 15:49recovery mechanisms to the ultimate plea, what changed was negotiations
- 15:55among the child team. Questioned by mister redaktid and I
- 15:59want to be I'm not suggesting that you should declare
- 16:02a conflict or like you guys were in the best
- 16:04position to figure that out. What I'm suggesting is that
- 16:08it looks like it's another defense tactic in an attempt
- 16:11to get even closer to the line of intentionally hiring
- 16:14people that would conflict answer a failed question, interrupting mister Acosta,
- 16:20lead prosecutor out answer a fel defense tactic because so
- 16:25one of the Justice Department policies on recusals is that
- 16:28you don't just recuse, because then every defense attorney could
- 16:31simply recuse. All the good attorneys and experienced attorneys in
- 16:35the US Attorney's office. Question, I'm going to introduce Exhibit
- 16:39three it's two letters by mister adacted. Question. While we
- 16:45pass that out, I'll describe them. It's two letters send
- 16:48from the FBI's West Palm Beach to they're adapted, but
- 16:51two victims notifying them in regards to the Epstein case.
- 16:55One from May thirtieth, two thousand and eight, and one
- 16:58from January tenth. Have you seen these letters prior to today?
- 17:03Speaker 2: Answer?
- 17:04Speaker 1: I don't recall. Question okay, I'm going to focus more
- 17:07on the timeline and one sentence versus the whole notification. So,
- 17:11looking at January tenth one, which the cover page is
- 17:15exhibits ninety seven. It's the first sentence in that letter,
- 17:18and then in the second letter it's the second full paragraph,
- 17:22but it reads, this case is currently under investigation. This
- 17:25can be a lengthy process, and we request your continued
- 17:28patients while we conduct a thorough investigation. By January tenth,
- 17:32two thousand and eight and May thirtieth, two thousand and eight,
- 17:35the case was no longer under investigation.
- 17:38Speaker 2: Is that correct? Answer?
- 17:40Speaker 1: So?
- 17:40Speaker 2: That is not accurate? Question? Okay?
- 17:43Speaker 1: Answer so, and this was looked at by the Office
- 17:45of Professional Responsibility, by the Justice Department, and again they
- 17:49found no wrongdoing. I don't have an independent recollection, but
- 17:52based on the Justice Department's conclusions, let me try to
- 17:55walk you through it. Question okay, answer. He had signed
- 17:59a PLA in September. Our expectation was he signed I'm sorry,
- 18:03he had signed the agreement in September. Our expectation was
- 18:07he signed the agreement, he'd go take the plea, he'd
- 18:09go to jail, We're done. But he did not do that.
- 18:13And so my understanding at the time was that we
- 18:16did not just sit around, but that the prosecuting attorney
- 18:19and the case agent continued to work the case because
- 18:22we did not know if we would have to go
- 18:24to trial or not. And so the case was not
- 18:27done because he was not in jail. And so during
- 18:29that time the case as a technical matter and an
- 18:32actual matter was under investigation. The prosecuting attorney and the
- 18:37case agent started notifying the victims of the actual agreement.
- 18:41They then became concerned because they, in essence, were saying,
- 18:45here's an agreement, and he goes to jail, and you'll
- 18:47have the opportunity to recover what for these victims would
- 18:51have been substantial sums. And they became concerned that they
- 18:56were generating evidence that would undermine the case because in
- 18:59the usual court he would be pleading, but he's not,
- 19:03uh huh answer, he's challenging this on appeal. And so
- 19:07they went to the Professional Responsibility Officer again this is
- 19:11from OPR, not my independent recollection, and they asked the
- 19:14Professional responsibility officer what should we do? And the Professional
- 19:18Responsibility officer said, in essence, if you feel comfortable with this,
- 19:22then just stop. And so they proceeded. But at the
- 19:26same time, the FBI generated these letters which were accurate.
- 19:29But let me sort of say, this is another area
- 19:32where I understand why victims felt that this wasn't you know.
- 19:35I think opr's view was, you know, they found that
- 19:38we complied with the rules in the law, but said
- 19:41it wasn't fully forthright. And I understand that, and in retrospect,
- 19:45we were focused again send them to jail registration and
- 19:49should have probably thought more about how the victims would
- 19:51have viewed it. Question all right, I appreciate that and
- 19:55appreciate the timeline. So just for clarity, when these letters
- 19:58went out, your understand was that that was still an
- 20:01investigation that was happening. So again I wasn't aware that
- 20:05the letters were going out, says Acosta, because US attorneys
- 20:08don't get involved in this as a typical matter. But
- 20:11that was my word, yes question, And then he gets
- 20:16cut off by Acosta. I'm sorry that was that would
- 20:18be my understanding, yes question. And then your understanding too,
- 20:22is that so we get back to the like kind
- 20:24of notifying of the victims, and that the ethics advice was,
- 20:28if it's going to mess up the case, it's still
- 20:31it's permissive, right, so, like you could make the determination
- 20:34whether or not to notify, whether or not it's going
- 20:37to mess up the case.
- 20:38Speaker 2: Answer.
- 20:39Speaker 1: And at some point the office had the Appellate Division
- 20:42check either independently or check with Washington on that, and
- 20:46was told that that's when they were told specifically that
- 20:50the CVRA did not attach until indictment. Question, all right,
- 20:54And we talked about the addition of the forename co
- 20:56conspirators a little bit. And I know that you don't
- 20:59get into kind of picking and choosing who gets interviewed.
- 21:02But do you recall if those four.
- 21:04Speaker 2: Women were interviewed? Answer?
- 21:05Speaker 1: I do not recall, and I wouldn't have reason to recall.
- 21:09Speaker 2: Question.
- 21:09Speaker 1: The pom Beach Police Department attempted to interview those people
- 21:13and were, according to their report told by Alan Dershowitz,
- 21:16that those four women were out of the country. Do
- 21:18you have any knowledge of that?
- 21:19Speaker 2: Answer?
- 21:20Speaker 1: I have no knowledge of that question. I won't ask
- 21:23the follow up. Would it be odd that the primary
- 21:25suspect's lawyer is communicating with the Pombach PD regarding four witnesses?
- 21:31Speaker 2: Answer?
- 21:31Speaker 1: Again, I was not involved, you know, in how the
- 21:33investigation proceeded. Question And then to your knowledge again understanding
- 21:38that you're not picking and choosing who gets interviewed. Did
- 21:41anyone in your office or the FBI ever interview miss Maxwell?
- 21:45Speaker 2: Answer?
- 21:45Speaker 1: To my knowledge, they did not. I recall reading somewhere
- 21:48in the Justice Department report that I believe our lead
- 21:51prosecutor wasn't aware of Maxwell. I think at some point
- 21:55she said she didn't recognize the name, but I could
- 21:57be wrong. That's just a vague recollection question. And again
- 22:01on prefacing all this with the understanding that you're not
- 22:04picking and choosing and would have no and don't have
- 22:07recollection of whether or not they were interviewed, it seems
- 22:11odd and verging on not a fulsome investigation to enter
- 22:14into this level of agreement without interviewing these types of people,
- 22:17do you agree?
- 22:19Speaker 2: Answer?
- 22:19Speaker 1: So, again, I don't know. I was not involved in
- 22:21how investigation proceeded. We have very very good prosecutors in
- 22:25the Southern District of Florida, and my approach would have
- 22:28been to trust them to proceed as they saw appropriate,
- 22:32unless it's Villa Fauna, right, because she wanted to proceed
- 22:35a different way. Question and so with that trust, when
- 22:40they proposed a non prosecution agreement, it was your belief
- 22:43that when they had checked all the kind of investigatory
- 22:46boxes to make sure that this was the best path forward. Answer,
- 22:49That would be my belief and expectation in this and
- 22:52other cases. Question all right, I want to go back
- 22:56to the agreement itself. I just have some kind of
- 22:59like fourquers of the agreement type questions. If it's a
- 23:02you don't recall your thoughts at the time, that's fine.
- 23:05If you have an opinion about it now, that's fine too,
- 23:08Answer all right. Question on page one. The first kind
- 23:12of stipulation is that so most of the document refers
- 23:15to minor females, and did you find any evidence of
- 23:18mister Epstein trafficking non minor females. Answer not to my
- 23:22recollection question. And then what would kind of like constitute
- 23:26a breach of this agreement on mister Epstein's side, answer, Well,
- 23:30it requires him to take certain steps on page three.
- 23:33You know it outlines one, two, three, four, and so on.
- 23:36And you know, ultimately, if he didn't plead, if he
- 23:40didn't serve the term as outlined in the agreement, or
- 23:42if he didn't take any of.
- 23:43Speaker 2: The other steps, it would be a breach. Question.
- 23:46Speaker 1: And then the actual kind of like agreement of what
- 23:49the gel confinement would look like, what would work release
- 23:52look like, what Paroller home confinement would look like? Was
- 23:55all out of your hands. Answer. So one of the issues, Look,
- 23:59we never expected that we handed this to the state
- 24:01attorney and the Palm Beach County. They had no jail time.
- 24:04We gave him jail time. We never expected them to
- 24:07do anything less than say outstanding, great and have him
- 24:10serve his time. Particularly when you look at into the
- 24:13details of the work release. The way he obtained that
- 24:16work release is troubling at best, and I think that
- 24:19was outlined in a letter from our office. Question question,
- 24:23and we'll get to some of that a bit later.
- 24:25Just to your recollection. Would it be common in a
- 24:27parole agreement or a home confinement agreement to require that
- 24:30the convicted individual not commit any other crimes while on
- 24:34home confinement or parole. Answer so, I would think so,
- 24:38and I think that'd be part of the state's management
- 24:41of their prisoners. Question but again not up to the
- 24:45US answer. Again, not up to the US attorney. He's
- 24:49within the state system. Question if he were to breach parole,
- 24:53would that have a breach of the MPa?
- 24:56Speaker 2: Answer?
- 24:56Speaker 1: I would have to read the NPA question. Okay, answer,
- 25:00and a lot more detailed before I give an opinion
- 25:02like that. All Right, we're gonna wrap up right here,
- 25:05and in the next episode we're gonna pick up where
- 25:07we left off. All of the information that goes with
- 25:10this episode can be found in the description box. What's up, everyone,
- 25:14and welcome to another episode of the Epstein Chronicles. In
- 25:17this episode, we're gonna get right back to alex Acosta.
- 25:20And as farce of a deposition question, did Miss Villa
- 25:25Fauna ever approach you with the evidence that mister Epstein
- 25:28was violating the NPA?
- 25:29Speaker 2: Answer?
- 25:30Speaker 1: There were certainly discussions within the office as how to
- 25:33proceed on work release. But I don't think that was
- 25:36viewed as evidence. I think that was viewed as to
- 25:39be honest. I think it was viewed as the office
- 25:41was hoodwinked. Question hoodwink by whom? Answer the state attorney
- 25:46in part or the state let me? Because the state
- 25:50attorney would say, the Pombach sheriff, it was not what
- 25:52we expected. We expected quote unquote continuous confinement. We were
- 25:56given assurance of continuous confinement, which system in the Palm
- 26:00Beach correctional hierarchy chose to give this to him. Is
- 26:03not what we expected, and we made it pretty clear
- 26:06that we didn't think that it was appropriate. Question you
- 26:09said earlier, a lot earlier, at this point that the
- 26:11state was an unfair partner. You might have said a
- 26:14different word, but answer, I think an unreliable partner is
- 26:18what I said. Question unreliable partner. Is this part of
- 26:22the evidence that supports that statement?
- 26:24Speaker 2: Answer? Yes, it is.
- 26:25Speaker 1: Question do you have any other support for them being
- 26:28an unfair partner? Answer? So. One of the issues in
- 26:31the case was, I believe we got notified on a
- 26:33Friday afternoon that he was taking his plea Monday morning.
- 26:37I would expect that a law enforcement partner would give
- 26:40us at least a business day and I'm not being
- 26:42sarcastic here on a plea of this nature. And so
- 26:45our attorneys were left to scramble and work with the
- 26:48Palm Beach State Attorney's Office and victim notification on very
- 26:51very short notice. And I think that led to some
- 26:54of the feelings of lack of forthrightness on the part
- 26:57of the victims. Question, You've discussed some of the you know,
- 27:00I'm paraphrasing the shadiness of his work release detail and
- 27:04where he was working. Does the Florida Science Foundation ring
- 27:07a bell about his work release?
- 27:10Speaker 2: Answer? It does?
- 27:11Speaker 1: Question, and sitting here today, what's your understanding of the
- 27:14Florida Science Foundation answer? When I was referencing shady, I
- 27:18think I used troublesome because I tend to just for
- 27:21the record, I tend to believe in being professional and
- 27:24opting over the combative, and I sometimes understate I've been
- 27:29told that that's a bad habit, so shady might be
- 27:31a better term. I believe that that's part of what
- 27:34I considered shady. Question, and I'm going to maybe jump
- 27:38a little bit out and will introduce these documents together
- 27:41as exhibit for question while they're being passed out. So
- 27:46it's the articles of incorporation for Bruce Reinhart pa his
- 27:49law firm, and the articles of incorporation for the Florida
- 27:52Science Foundation. Was Bruce Reinhart an employee in the US
- 27:56Attorney's office while you were there?
- 27:57Speaker 2: Answer?
- 27:58Speaker 1: So you just disclosed something I did not know. Question? Okay, answer,
- 28:02Bruce Reinhart was an employee. He was in Ausa that
- 28:06worked in the Palm Beach office during this inaudible. I
- 28:09knew that he had left to work for Epstein while
- 28:11the case was pending. I did not know that he
- 28:14was the one that filed these articles of incorporation. Question,
- 28:18So that gets to some of my questions. Was he
- 28:20directly involved in the Epstein investigation while at the US
- 28:23Attorney's office?
- 28:25Speaker 2: Answer?
- 28:25Speaker 1: So, I would not have knowledge as to whether he
- 28:28was directly involved. He was not part of the core team.
- 28:31But within any office, as might be the case in
- 28:33any congressional office or others, there are sometimes hallway discussions.
- 28:38Speaker 2: Question.
- 28:38Speaker 1: Here are things hugeau with colleagues near the water cooler,
- 28:41that kind of thing. Answer, And the pom Beach office
- 28:44is much smaller than the Miami office, and so I
- 28:47can't speak to what he did or did not know. Question,
- 28:51And it's my understanding he left officially left the US
- 28:53Attorney's Office in January of two thousand and eight. Is
- 28:56that your understanding now? Answer? I don't recall, but I
- 29:00know he left, and I know he left at some
- 29:01point while the case was pending appeal. Question all right,
- 29:05will flip to his incorporation paperwork. You have it up
- 29:09in the top right corner of the first page. It
- 29:11says filed October twenty third, two thousand and seven. That's
- 29:15three ish months prior to him officially leaving the US
- 29:18Attorney's Office. To the best of your recollection and knowledge,
- 29:21is it ethically questionable to begin private practice while still
- 29:25in the US Attorney's Office? Answer yes, question is it
- 29:29actually unethical to do so? Answer yes. Question did you
- 29:33have knowledge of this at the time? Answer no, So
- 29:36I'm sorry to clarify he filed this under Bruce Reinhardt
- 29:41PA before he left the US Attorney's Office. Answer a question, Yes, sir,
- 29:46he filed it on October twenty third, two thousand and seven.
- 29:49We pulled this right off the Florida Corporation website. And
- 29:52then it's our understanding that his last day in the
- 29:55US Attorney's office was January first, two thousand and eight.
- 29:58We're going to flip to the next one, the one
- 30:01with the big sharpie writing on it. The first page
- 30:03on this one is not as interesting, but the second
- 30:06page is the beginning of the articles of incorporation for
- 30:09the Florida Science Foundation. And this was incorporated. The stamp
- 30:12says November one, two thousand and seven, so about a
- 30:15week after mister Rhinhart's incorporation. Answer yes question, and I
- 30:21want to compare the second page of the Florida Science
- 30:23Foundation to the first page of mister Ryinhart. Article two
- 30:27for mister Ryinhart says the principal place of business is
- 30:30to fifty Australian Avenue, Sweet fourteen hundred in West pom Beach, Florida.
- 30:35And Article two of the Florida Science Foundation says two
- 30:38hundred and fifty Australia Avenue, Sweet fourteen hundred, West pom Beach, Florida.
- 30:43Speaker 2: On its face, looking.
- 30:44Speaker 1: At this, does it appear that mister Ryinhart and the
- 30:47Florida Science Foundation, which was a front for mister Epstein,
- 30:50shared the same office. Answer on its face, it does, yes. Question.
- 30:55Would that be of concern to you? Answer? Yes, question?
- 30:59And then again, it's our understanding that mister Reinhart's first
- 31:02clients were mister Epstein's maid Sarah Kellen and mister Epstein's pilots.
- 31:06Would that be unethical to shift straight from a US
- 31:08attorney's office working on the case and then taking them
- 31:12as defense clients. Answer, so, I recall the office was
- 31:15troubled by mister Reinhart leaving and shifting to Epstein related clients.
- 31:20I don't know what conversations he had with the ethics officials,
- 31:23But shady question, do you recall any conversation about mister
- 31:27Reinhart taking Epstein's clients at the time? Answer? I recall
- 31:31some conversations at some point. I don't know what that
- 31:34time period would be.
- 31:35Speaker 2: Question. I'm going to not.
- 31:38Speaker 1: Ask you to speculate, but it would certainly appear like
- 31:41there was some coordination here mister Reinhardt's articles of incorporation
- 31:45being at the same address a week before the Florida
- 31:48Science Foundations in Corporation, and then him taking their clients.
- 31:52We've talked a lot about to that. Acosta interrupts. What
- 31:56is most troubling is that this was before he left
- 31:58the office.
- 31:59Speaker 2: Question.
- 31:59Speaker 1: We've talked a lot about mister Epstein's defense counsel attempting
- 32:03to find conflicts of interest in your office. Is this
- 32:06a conflict of interest? Not in your office, but is
- 32:09mister Reinhardt taking Epstein's clients a conflict of interest?
- 32:13Speaker 2: Answer?
- 32:14Speaker 1: So, as a technical matter, whether it's a conflict would
- 32:17have to do if he was involved in the case.
- 32:19As an ethical matter. As a professional matter, all of
- 32:22us thought it was deploring.
- 32:24Speaker 2: Question.
- 32:25Speaker 1: All right, thank you. After that, they have a quick recess.
- 32:28Then they're back and another unnamed person is asking questions. Question,
- 32:33Good afternoon, mister Acosta. I'd just like to turn back
- 32:36to the federal investigation in your office and make sure
- 32:39we have a complete understanding of the players, and to
- 32:42begin with the members of the US Attorney's Office who
- 32:45handled the case. We've spoken about Miss Villafuna, the line prosecutor.
- 32:49I understand that Jeffrey Slowman was also part of the team.
- 32:52Answer he was question okay, And he was the chief
- 32:56of Criminal Division from two thousand and four to two
- 32:59thousand and six and first assistant to US attorney in
- 33:02your office from October two thousand and six. Answer I
- 33:06can vouch for the dates, but that generally sounds correct.
- 33:09Question and then Matthew Menchell answer Menchell, question Menchell Andrew
- 33:14Lorie answer correct, I'm pronouncing I'm pronouncing it correctly. Answer yes, Lori.
- 33:19He was managing an attorney for the Palm Beach office
- 33:21and then went on to be the chiefs of staff
- 33:24for the Criminal Division. Question anyone else I have it
- 33:28named who belongs on the list?
- 33:30Speaker 2: Answer?
- 33:30Speaker 1: I think that would be the core team. Other individuals
- 33:33may have been consulted from time to time, but I
- 33:35think that that would be the core team. Question what
- 33:38about FBI agents on the case? Do you recall any
- 33:41of their names?
- 33:42Speaker 2: Answer? I do not.
- 33:43Speaker 1: Question did you ever interact with them during the investigation?
- 33:47Speaker 2: Answer?
- 33:47Speaker 1: I believe they were in one or two meetings, but
- 33:50as a general matter, I would not interact with them.
- 33:53I did interact from time to time with the special
- 33:56agent in charge. Question do you recall the person's name?
- 34:00Answer John? I forgot his last name.
- 34:02Speaker 2: I'm sorry.
- 34:03Speaker 1: Question and then mister Epstein's legal team answer yes. Question
- 34:07and it's a fairly Fullsome list at least to my understanding.
- 34:11First name is Roy Black. Do you recall mister Black?
- 34:14Answer yes. Question did you know him at the time
- 34:17the investigation started?
- 34:19Speaker 2: Answer? I did?
- 34:20Speaker 1: Question and how answer He'd litigated other cases in the office,
- 34:24he was well known. I'd met him socially. Miami's legal
- 34:27community is smaller than Washington. You get to know the attorneys.
- 34:32I also thought it was important, and I did you
- 34:34know I met with well known defense attorneys from time
- 34:37to time just to see their assessment of how the
- 34:39office was proceeding. Question did you have a social relationship
- 34:43with mister Black?
- 34:44Speaker 2: Answer?
- 34:45Speaker 1: I don't think so. Question Gerald Lefcourt answer, I know
- 34:49the name, I did not know much beyond that question
- 34:52Guy Lewis. Answer so, Guy Lewis, If the question is
- 34:56who he was, I assume that your question. Question, so
- 35:00I understand that he was a former US attorney and
- 35:02you're a predecessor in the Southern District of Florida.
- 35:05Speaker 2: Is that right?
- 35:06Speaker 1: Answer? I thought he was a predecessor one before me.
- 35:10Question Okay, so you've answered the first question. The second
- 35:13is whether you knew him at the time the investigation started.
- 35:17Speaker 2: Answer? I knew him.
- 35:18Speaker 1: I think he had served in main Justice for some
- 35:20period of time. We had interactions from time to time. Question.
- 35:24It's also my understanding that mister Lewis was close friends
- 35:27with mister Lorie in your office at the time. Is
- 35:30that right answer? I will accept your understanding. I don't
- 35:33have independent recollection question Lily Ane Sanchez answer. So she
- 35:39was in our office when I first started the office.
- 35:41She later left for private practice. Question and represented mister Epstein.
- 35:46Answer and represented mister Epstein. Question, and that was immediately
- 35:51after she left the office. If I'm correct, answer, I
- 35:54can't speak to the timeline question and she had been
- 35:58mister I'm sorry ment Menchell question mister Minchell's deputy at
- 36:03the office before she left. Is that right answer?
- 36:06Speaker 2: That's correct? Question?
- 36:08Speaker 1: And I understand she also dated them for a period
- 36:10of time. Answer. During the Office of Professional Responsibility investigation,
- 36:14it came out that they had dated previously. Question, Jay Lefkowitz,
- 36:20We've spoken about if I understood your testimony earlier. You know,
- 36:23mister Lefkowitz from your time at Kirkland as an associate.
- 36:26Is that correct answer? Correct? In the mid nineties, I
- 36:29believe question, and please tell me if I'm mischaracterizing. But
- 36:33I understood you to say that you may have had
- 36:37an assignment from mister Lefkowitz. Answer it was more than
- 36:41twenty years ago. I don't recall working with them on something.
- 36:44But that doesn't mean that in the course of being
- 36:47a young associate you don't get an assignment from a partner.
- 36:51Did you have any contact with mister Lefkowitz between the
- 36:54time you left Kirkland and the inception of the Epstein investigation. Answer,
- 36:59so he was in the Bush administration in a white
- 37:02House role from time to time. We may have had
- 37:05some info to contact. I don't recall what the white
- 37:08house role he was In question, I understand that he
- 37:11was the former General Counsel of omb under President George W.
- 37:15Speaker 2: Bush.
- 37:16Speaker 1: Is that consistent with your understanding? Again, I remember a
- 37:19white house role. If you looked him up, you have
- 37:22more information at this point than I do. Question, Ken
- 37:25Starr is also at Kirkland. I believe you said that
- 37:27you knew mister Starr from Kirkland.
- 37:29Speaker 2: Is that right? Answer? So, I did work with the case.
- 37:32Speaker 1: It was a Supreme Court it was a full Supreme
- 37:35Court matter, and I did work with him on that.
- 37:37Speaker 2: I was a junior associate. On the team.
- 37:39Speaker 1: Question and mister Starr, of course is the former Clinton
- 37:43Whitewater special prosecutor, and that was prior to your tenure
- 37:46at Kirkland. Is my chronology correct?
- 37:50Speaker 2: Again?
- 37:51Speaker 1: Did you have any contact with mister Starr between the
- 37:53time you left Kirkland and the inception of the Epstein investigation?
- 37:57Speaker 2: Answer?
- 37:58Speaker 1: If I could go back, I'm not sure your chronologe
- 38:00is correct, because I remember that mister Starr was out
- 38:03of the office quite a bit while I was at
- 38:05Kirkland working on some matters. So if it wasn't that matter,
- 38:09it would have been another similar, non Kirkland special assignment matter.
- 38:13Speaker 2: Question.
- 38:14Speaker 1: Okay answer, And I think your second question was did
- 38:17I have contact with him? Again, He's a well known
- 38:19Washington figure. I'm sure I would have come into contact
- 38:22with him at some event. At some point we spoke
- 38:25about Alan Dershowitz. Jack Goldberger answer yes, question do you
- 38:29know mister Goldberger? Answer not to my recollection question? Are
- 38:33you aware that he represented mister Epstein?
- 38:36Speaker 2: Answer?
- 38:37Speaker 1: I am not based on independent recollection, but I've obviously
- 38:40reviewed material.
- 38:42Speaker 2: Question.
- 38:42Speaker 1: It's my understanding that mister Goldberger's law partner at the
- 38:45time of the State's investigation into mister Epstein was married
- 38:49to the assistant state attorney who was handling the Epstein case,
- 38:53and that once mister Epstein retained mister Goldberger, the assistant
- 38:56state attorney was removed from the case on the basis
- 38:59of a conflict of interest. Did you become aware of that? Answer?
- 39:03I have read that. I don't requalif I became aware
- 39:05of that twenty years ago.
- 39:07Speaker 2: Question.
- 39:08Speaker 1: Next name Martin Weinberg. Do you know mister Weinberg? Answer again,
- 39:12I don't know him, but I recognize the name. Question
- 39:15do you recognize him as one of Epstein's attorneys? Answer?
- 39:19I will accept that assertion. Question getting close to the
- 39:22end of the list, But the next name is Joe Whitley.
- 39:25Answer yes. Question do you know mister Whitley? Answer?
- 39:28Speaker 2: I do.
- 39:29Speaker 1: He was I believe, the US Attorney for the Northern
- 39:32District of Georgia, I believe, and was in private practice
- 39:35by this time. Question it's my understanding that he also
- 39:38served as acting US Associate Attorney General under President George H. W.
- 39:43Speaker 2: Bush.
- 39:44Speaker 1: Is that consistent with your understanding?
- 39:47Speaker 2: Answer? I don't remember.
- 39:48Speaker 1: Question, And it's also my understanding that mister Whitley joined
- 39:52the legal team after the NPA was signed?
- 39:54Speaker 2: Is that right? Answer? I'll accept your assertion. Question.
- 39:58Speaker 1: And finally, I don't a name, but I noted that
- 40:01the OPR report notes that the former Principal Deputy Chief
- 40:04of the Child Exploitation and Obscenity Section or CEOs as
- 40:09you've been referring to it, join the defense team after
- 40:12the NPA was signed. Were you aware of that?
- 40:15Speaker 2: Answer?
- 40:15Speaker 1: I don't recall being aware of that, but I've read
- 40:18it in the report. Question do you know who that
- 40:20individual is? Answer? I do not question. So that's obviously
- 40:24a somewhat substantial list answer I believe. I called it
- 40:28an army question. An army seems act. It's typical for
- 40:33there to be, you know, movement between DJ and private
- 40:36legal practice. Sort of the prominence of these individuals, as
- 40:39well as the closeness to their relationship with certain people
- 40:42in your office, both personally and in terms of the
- 40:45closeness in the time to their tenures in your office,
- 40:48from your standpoint, seems somewhat exceptional. Did you ever have
- 40:52any concerns about that answer? At the time we were
- 40:55there was clearly a bit of a pattern here, right,
- 40:57and everyone from my perspective, talked to the at the folks.
- 41:01Everything was disclosed to my understanding at that time, and
- 41:04something that we had to be very careful about because
- 41:07on top of that, there were instances where he attempted
- 41:09to recuse our prosecutors. A defendant doesn't go to recuse
- 41:13prosecutors simply by hiring people that are associated with them
- 41:17or else the criminal justice system breaks down because wealthy
- 41:20people can just hire armies and get rid of the
- 41:22most experienced prosecutors. And so, yes, we were aware of it,
- 41:27I believe managed it. We acted entirely appropriately. The Office
- 41:31of Professional Responsibility reviewed all that and they found no impropriety.
- 41:35They found no improper influence. They found that everyone acted
- 41:39as they should have.
- 41:40Speaker 2: Question.
- 41:41Speaker 1: But to be more specific about the concerns, so you
- 41:44mentioned the prospect of necessitating refusal. Answer yes, question, is
- 41:49that the inquiry that the Ethics Office engaged in that
- 41:52you just described. Answer No, The Ethics Office engaged in
- 41:57a full review of everyone's relationships with prior attorneys and
- 42:00they went person by person in this OPR report and
- 42:03found that there was no impropriety, no improper influence, and
- 42:06no favoritism. Question where in the OPR report. Does it
- 42:10conclude that?
- 42:11Speaker 2: Answer?
- 42:12Speaker 1: I believe there's an entire section beginning out of page
- 42:16one forty, beginning on page one forty, proceeding through it
- 42:19looks like page one sixty nine. Question, So that section
- 42:23speaks to the motivations of the attorneys in your office
- 42:26in negotiating the NPA, if I understand it correctly. I
- 42:29think I'm asking more specifically about concerns about the closeness
- 42:33of the ties between mister Epstein's attorneys and their ability
- 42:36to potentially influence staff in your office, whether it's NPA
- 42:40itself or meetings or just access in general. Was that
- 42:44a concern that was ever raised? Answer?
- 42:47Speaker 2: I believed all of us were aware.
- 42:49Speaker 1: And had discussions with the Ethics Council, and it was
- 42:52known by the office, and you know, all of us
- 42:55proceeded in the way that we thought was correct and professional.
- 42:58Speaker 2: Question.
- 42:59Speaker 1: Do you remember specific conversations with the Ethics Council?
- 43:02Speaker 2: Answer?
- 43:03Speaker 1: I believe the Office of Professional Responsibility talks about how
- 43:06various individuals consulted with them. In my case, it was
- 43:09publicly known that I had worked at Kirkland, and there
- 43:13was no concern at the time, and there was no
- 43:15concern found by the office, a professional responsibility. All right, folks,
- 43:19we're gonna wrap up right here, and then the next
- 43:21episode dealing with the topic, we're gonna pick up where
- 43:23we left off. All of the information that goes with
- 43:26this episode can be found in the description box.