Latest / The Epstein Chronicles / Mega Edition: Alex Acosta And The OIG Investigation Into Epstein's NPA (Part 4-6) (6/21/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome to another episode of the
- 0:02Epstein Chronicles. In this episode, or again right back to
- 0:06Alex Acosta and his interview with the OIG inspectors, turning
- 0:12to exhibit to This is an email that was forwarded
- 0:15to you by redacted. The original forwarded email is from
- 0:18redacted copying redacted, and it essentially relates to a dust
- 0:22up between redacted and redacted over the chain of command
- 0:26and her workload. But in the first paragraph, she specifies
- 0:29that when I first heard about the Epstein investigation, I
- 0:32spoke with redacted about it. Redacted was not here. Redacted
- 0:37said that she would back me up on the case.
- 0:39But I knew what happened to the state prosecution and
- 0:43can happen to the federal prosecution if the US Attorney's
- 0:45Office isn't on board. So I spoke with redacted about
- 0:48the case, and he spoke with Alex, and they gave
- 0:51me the green light. So that actually appears to be
- 0:54initial contact with Redacted that she's talking about prior to
- 0:57the briefing with you, so way early when the case
- 1:01first came in in May of two thousand and six,
- 1:04do you recall being contacted or having a conversation with
- 1:08redacted about the case. So early answer again, the early
- 1:12recollection whenever, whenever it might have taken place, was I
- 1:16was made aware of the matter. It seemed a reasonable
- 1:18matter to pursue. And that's the level of detail that
- 1:21I recall. Questions. So, if Redacted said back in the
- 1:24day that she got from you the green light, did
- 1:29you understand her to be being authorized to authorize? Maybe
- 1:33too strong of a word, but answer to pursue question Yeah,
- 1:39answer to someone. You know, I'm speculating here, but there's
- 1:43a case and they want to know should we spend
- 1:46our time on this? And the answer is that it
- 1:48seems reasonable? Sure? Question? Okay, And do you recall making
- 1:53that explicit to her? Answer? I don't, and it wouldn't
- 1:57have been my practice to sort of make it explicit. Yeah,
- 2:00go spend your time, as opposed to thank you for
- 2:03letting me know. That sounds reasonable? Question? All right? Answer
- 2:07and whatever you know details It looks like based on
- 2:09Exhibit one, there was subsequent follow up between her and
- 2:13redacted or with her and the management teams, and they said,
- 2:17you know, go back work on a B and C question.
- 2:21Do you know what redacted was talking about when she
- 2:23referred to something happening to a federal prosecution if the
- 2:26US Attorney is not on board. Had there been a
- 2:29case in which you were not supportive of a particular
- 2:32prosecution that was being proposed? Answer? None, None that I recall,
- 2:38and I knew what had happened to the state prosecution
- 2:40can happen to a federal prosecution if the US Attorney
- 2:43is not on board. I don't recall any federal prosecution
- 2:46that I wasn't supportive of, at least in this context.
- 2:51Question what do you mean by this context? Answer? It
- 2:55was my way of narrowing an answer, So I didn't
- 2:57spend the time to go through every office and every
- 2:59divis for the most part, as I sit here, I'm
- 3:02sort of running through each office. I don't recall any
- 3:06And if I could use this based on exhibit too,
- 3:08I'm not sure that she's referring to a specific case
- 3:11as opposed to concerns that the state prosecution started at point,
- 3:15you know, with charges that require jail time and ended
- 3:18up somewhere else. It may have been because management wasn't question,
- 3:25but that's current reading of They get interrupted by Acosta. Yeah,
- 3:30an interruption again. But this time by the person asking
- 3:33the questions this rather than recollection. Answer that's my reading.
- 3:39Question all right, Based on the early description you got
- 3:42of the case, did you have any idea how many
- 3:45victims were involved? Answer? I did not. Did you know
- 3:49what the name of the case was? Was the investigation
- 3:52name was? You know, cases get names? Answer so I
- 3:55know based on the review of the correspondence, I may
- 3:58have known that. Then I did not independently recall it.
- 4:02Question that being Operation Leapier Answer correct? Question all right,
- 4:07and do you know where that came from? Answer? Well,
- 4:10I mean other than February twentieth, Yeah, I don't know.
- 4:14Question Well, the original allegations that came in involved twenty
- 4:18eight victims, and then subsequently redacted advised that she was
- 4:22uncovering more victims, so there were over thirty. Question well
- 4:26over thirty. Answer I don't recall knowing that. Question But
- 4:31is it reasonable that the number of victims would be
- 4:33one of the factors that you would have been informed
- 4:36about at the time? Answer I don't know. It all
- 4:40depends how detailed that briefing was. Again, as a typical matter,
- 4:44early on, this is what is being done. I would
- 4:47trust my ausas and my management staff to pursue it.
- 4:51It wouldn't be here are all the facts associated with
- 4:54the case. Just to heads up, there's a high profile
- 4:57case involving a very wealthy man abusing young wa women.
- 5:00A state attorney is prosecuting, but you know there's dissatisfaction.
- 5:04I wanted to give you the heads up, both to
- 5:06inform me but also so that I'm aware in my
- 5:09interactions with other pombage officials. Question, Okay, based on whatever
- 5:14information you got at the time, did you think that
- 5:17there was a federal interest to be served by pursuing
- 5:19a federal prosecution potentially? Answer? Yes, question and what was
- 5:25that answer? So the exploitation of young women? He gets
- 5:30corrected now by the investigator. Girls, He corrects himself. Girls,
- 5:36the investigator, I want to be all right, Look, I
- 5:39know for the sort of glossary convention that we are
- 5:42using is we can use this in the interview as
- 5:45girls for the victims who at the time of the
- 5:48conduct were miners, and women for those who were not,
- 5:51even though the girls at a later date became age
- 5:54of majority. A. Costa responds, fair, question, Okay, so here
- 5:59we're really talking about girls. Answer okay. Question who are
- 6:04the victims? Acosta? Yeah, yeah, question okay, Acosta, girls, minor females.
- 6:11I just don't sometimes that term is viewed differently. Question right, answer, So, yeah,
- 6:17the exploitation of girls or minor females, and that certainly
- 6:21is an important federal interest. Question well, and is the
- 6:24number and the breadth of the scheme the scope of
- 6:27the activity also a factor there? In other words, it
- 6:30wasn't one or two women on two occasions. Answer, So,
- 6:35there's several factors that probably go into what's the federal interest.
- 6:39The acts, the sordidness of the acts, the number, the
- 6:43likelihood or the importance of the registration was important to
- 6:46my mind because that goes to future prevention, to putting
- 6:50the community on notice. Question and were you aware that
- 6:53the individual in this case, Epstein also at homes and
- 6:56other districts that were it was an interstate activity on
- 7:00his part, the interstate travel and so on to that.
- 7:04Acosta's lawyer pipes in, I'm sorry, let me just we're
- 7:07still in the original intake timeframe misredacted. Yes, Acosta, yeah,
- 7:13again for the intake time I can I can't speak
- 7:16to the details because I don't remember what the extent
- 7:19of that that intake briefing was? Acosta asked, if he
- 7:24can ask a question, was there was there a clear
- 7:28briefing as opposed to a heads up based on the record? Question? Yes,
- 7:32that redacted came to Miami to conduct a briefing of
- 7:35you and they get cut off by a redacted question
- 7:39her again redacted, in order to tell you about this
- 7:42case and get from you a green light so that
- 7:45they could proceed with it. Answer, I asked, because I
- 7:48were calling an email and I don't know what the
- 7:51time would have been where she's coming to Miami, And
- 7:54redacted says, why don't you stop by my office? First? Question? Right?
- 7:59And and I keep I would I would speculate that
- 8:02why don't you stop by my office first? Is why
- 8:04don't you give me a bunch of details? And then
- 8:07we will walk across to the US attorney and fill
- 8:10him in. And so that would have been almost a
- 8:12two tiered discussion. And I don't know if that if
- 8:16that timeline on that email is when you say briefing,
- 8:19Acousta continues, I'm speaking just based on a review of
- 8:23the record, not based on recollection here. Question all right,
- 8:27so you have to be clear you have no recollection
- 8:30of any specific briefing in two thousand and six. Answer,
- 8:34I accept that I was made aware of the matter.
- 8:37Question Okay, Answer, I can't say how or in what
- 8:41context or to what degree of detail question or by
- 8:44whom answer, or by whom I knew the matter. It's
- 8:47easier to recollect, at least for me what I knew,
- 8:50as opposed to who told me what? Question? All right?
- 8:53All right? At this point did you have if you
- 8:56at any point did you have any reservation about investigating
- 9:00and potentially prosecuting Jeffrey Epstein a reservation stemming from his
- 9:04wealth and reported standing in the community at all and influence?
- 9:09Answer No, And we had prosecuted lots of influential folks
- 9:12in this office. So while he had wealth, it's not
- 9:15unusual ubs was in the office at the time I
- 9:19mentioned several high profile Palm Beach public corruption cases. Questions,
- 9:23So there was no concern about possible negative blowback in
- 9:26the press or the community or even at Main Justice
- 9:29if he went if he went after someone like Epstein. Answer,
- 9:33there was no concern stemming from his wealth or his status.
- 9:36Question what would have it stem from? Answer? At some
- 9:39point I think there was concern regarding the law, and
- 9:43we'll probably get into that. I alluded to that earlier
- 9:45in the overview. I don't know if that would have
- 9:48been developed this early on. But that's not a function
- 9:51of his wealth. That's a function of the fact pattern question. Right. Okay, So,
- 9:56as you mentioned petite policy concern petit policy, could you
- 9:59tell tell us what your position was on the policy
- 10:02as it applied in this case, as you understood it
- 10:05from the beginning. Answer? So the policy you know on
- 10:09its face doesn't specifically apply. Based on exhibit one, I'm
- 10:13now inferring, not recalling, it looks like either redacted on
- 10:16our own or redacted as for a or mister redacted
- 10:21as for a petite policy waiverm memo to be prepared
- 10:24in part on the assumption that the state prosecution may
- 10:27or may not have gone for it. I don't know,
- 10:31but I do recall that early on this was unusual
- 10:34because it had been had been arrested or arraigned. It
- 10:38was going forward on the part of the state. And
- 10:40so here's the big bad federal government stepping in and
- 10:43on sovereign you know, state, saying you're not doing enough
- 10:47and to my mind, when you know, the whole idea
- 10:49of the petit policy is to recognize that the estate
- 10:52has you know, has independent entity, and that we should
- 10:56presume that what we're doing is correct even if we
- 11:00don't like the outcome, except in the most unusual of
- 11:03circumstances question and what kinds of Well, so the petit
- 11:09policy exists because there's a recognition that there are cases
- 11:13that are appropriately pursued. I mean, you are the head
- 11:16of the Civil Rights Division, after all. Answer correct, Which
- 11:19is why I say, except in the most appropriate of
- 11:21circumstance question right, answer. But let me add that, based
- 11:26on this I was comfortable, you know, saying let's go
- 11:28forward because the lack of jail time, you know, to
- 11:31use to use petit policy language, a plea that did
- 11:34not include jail time or registration would seem like a
- 11:37manifest injustice. All right, folks, we're going to wrap up
- 11:40this episode right here, and in the next episode dealing
- 11:42with the topic, we're gonna pick up where we left off.
- 11:45All the information that goes with this episode can be
- 11:48found in the description box. What's up, everyone, and welcome
- 11:52to another episode of the Epstein Chronicles. In this episode,
- 11:55We're going to get right back to the alex Acosta
- 11:58interview with the OIG investigators. Question, all right, so did
- 12:03you have any doubt that you'd get a waiver if
- 12:05you applied for one? Answer? So I'm now speculating. I
- 12:10don't recall, but I'm not sure I would have said,
- 12:12is there a doubt that I'd get a waiver? As
- 12:14opposed to is this something I feel comfortable doing or not? Question?
- 12:19And this being the prosecution or this being the applying
- 12:23for a waiver? Answer applying for a waiver. And so
- 12:26you know, either Main Justice gives it or doesn't give it,
- 12:29that doesn't mean you don't apply for it if you
- 12:31think that it's the right thing to do. So for example,
- 12:34in the UBS case, which was one of our big
- 12:37tax you know, prosecutions, we asked for a Bank of
- 12:40Nova Scotia authorization to the Bank of Nova Scotia, and
- 12:44I didn't think Maine Justice would, you know. I push
- 12:47really hard and I got into the weeds in that
- 12:49case for that purpose, but I still thought, let's go
- 12:52for it, and we did and Main Justice didn't give
- 12:55into it. And that's okay, That's how it works. Question. Okay,
- 12:59So they denied that request. Answer, they denied that request.
- 13:03And I say that as an example as a typical matter.
- 13:07I don't think that's what Main Justice is going to say.
- 13:09As opposed to how should we approach this matter? Question?
- 13:13I don't understand about what you mean by how should
- 13:16we approach this matter? Answer? So, honestly, how do I
- 13:20explain this? So I think there's a difference in saying,
- 13:23let me predict how Maine Justice will come out and
- 13:26follow that prediction, versus folks, what do you all think? Okay,
- 13:29if we're comfortable with this, let's write it up and
- 13:32let's see what Main Justice does. One is trying to
- 13:35predict what folks in this building are going to think.
- 13:38Another one is trying to predict another one is just saying,
- 13:41what do we do in Miami? What do we think?
- 13:45And let Main Justice figure it out? Question? In which
- 13:48is the approach you typically took? Answer? And my point
- 13:51is the approach that I typically took is what do
- 13:54we think? And let Maine Justice give it a thumbs
- 13:56up or a thumbs down? Question? All right? And in
- 14:00this case, did you do that with regard to the
- 14:02batite policy? Answer? So, in this case, we didn't get
- 14:05that far in that we didn't have to submit to DOJ,
- 14:09but we were approaching it not based on what main
- 14:12justice was going to think. But do we feel is
- 14:16this the right outcome in this office? Question? So, as
- 14:19I understand, the bottom line is that you didn't. As
- 14:22I hear you, I believe you're saying that you didn't
- 14:24stand down or in any way sees your limit pursuing
- 14:28this case on batite policy grounds. Answer, So we went
- 14:33forward with the matter although there were petit policy concerns
- 14:37in the background. So you're setting this up as a
- 14:40binary as a did was it as a binary? You
- 14:44did not limit yourself on petite policy grounds? And I'm
- 14:47pushing back a little bit because I don't think that
- 14:49it's part as opposed to when you look at the case,
- 14:53there are all sorts of factors, and it's a factor
- 14:56in you know, how you think of a matter going forward?
- 14:59Question if you had those petite policy concerns, you or
- 15:02your members or staff? Answer? I would say a combination
- 15:06of me and my management staff. Question who answer, I
- 15:13can't recreate gets cut off by the person asking the questions?
- 15:17But who are you dealing with on this case? Answer?
- 15:20Primarily it would be my first assistant and criminal chief.
- 15:24As I typically so there is, as you know, to
- 15:26sort of put it in main justice terms, you know,
- 15:28a line attorney and a deputy section chief, and a
- 15:32DAG and an AAG, and the AAG usually deals with
- 15:36the section chief or the DAG. And so I was
- 15:39dealing with my first assistant and my crim chief. Question right,
- 15:43and they were in Miami. Answer and they were in Miami.
- 15:47Question and by the way, redacted first line supervisor was redacted?
- 15:52Answer correct? Question. Do you know why she was not
- 15:55actively participating in the chain of command? Answer? I noticed
- 15:59that correspondence, and I couldn't speak to that question all right,
- 16:04But it goes to the point that if you look
- 16:08at the she reported to or redacted, who are reported
- 16:11to redacted? Who are reported or redacted, who are reported
- 16:13to redacted? And so, as a typical matter, I tried
- 16:17to empower my first assistant and my criminal chief and
- 16:20my office heads and work through them, not bypass them.
- 16:23Question in this particular case, with regard either to petite
- 16:27policy or any other aspect, was there anyone other than
- 16:30the group of five, if you will, in that chain
- 16:33from you down to adacted through redacted and redacted that
- 16:37you were dealing with. Answer I can't recall. I can say,
- 16:41as a general matter, it would not be unusual for
- 16:44me to walk down walk down the hall and talk
- 16:46to someone that I trust and say, hey, I've got
- 16:49this fact pattern. What do you think? Question? Do you
- 16:52recall ever doing that in connection with this case? Answer?
- 16:55I don't recall these specific briefings or who I talk to.
- 16:58I'm just saying as a general that there are folks
- 17:01on the eighth floor that were in management that I
- 17:04would often just walk down the hall. Question, but do
- 17:07you recall doing that in this case? Answer? I don't recall.
- 17:12Question Okay, So we shared with you in Exhibit three
- 17:15a pretty lively exchange between redacted and redacted. We have
- 17:19no reason to believe you saw this before, but it
- 17:22makes some representations about you, and that's why we brought
- 17:25it to your attention. Question or answer? Okay, question do
- 17:29you recall this EML ex change? Answer? I don't recall
- 17:32the email ex change. Question I mean, didn't you see it? Then?
- 17:38Do you recall having read it before today? Answer? I
- 17:41recall reviewing it. Yes. Question all right, okay, So starting
- 17:45from the end redacted using redacted to BlackBerry, which is
- 17:48a little confusing to begin with, notifies redacted that a
- 17:52particular conversation he had with one of the defense attorneys.
- 17:56At this point, what I want to do is draw
- 17:58your attention to the comment and his response. And we're
- 18:02looking at page three. So in the third paragraph, it
- 18:05was made clear to you by the US Attorney and
- 18:08the first assistant from the time when you were first
- 18:11authorized to investigate mister Epstein that the office had concerns
- 18:15about taking the case because of batite policy and a
- 18:18number of legal issues. And then later he says that
- 18:20you were never given authority or authorization by anyone to
- 18:24seek an indictment in the case. And then on the
- 18:27first page, redacted presents her version of that original contact
- 18:31with you, meeting with you at the bottom of the page.
- 18:33Halfway through the last paragraph, she says, my recollection of
- 18:37the original meeting with Alex and redacted is quite different
- 18:41than your summary. In that meeting, I summarized the case
- 18:44and the state Attorney's office handling of it. I acknowledged
- 18:47that we needed to do work to collect the evidence
- 18:50establishing a federal nexus, and I noted the time in
- 18:53month that I'm sorry. I noted the time and money
- 18:56that would be required for an investigation. I said, I
- 18:59was willing to invest time, and the FBI was willing
- 19:02to invest the money, but I didn't want to get
- 19:05to the end of it, to the end and then
- 19:07have the office be intimidated by the high powered lawyers.
- 19:11I was assured that would not happen. Can you tell
- 19:13us which version of that initial version is correct? Answer? So, again,
- 19:19I don't remember the initial briefing, so I can't tell
- 19:21you which version is correct. I would also say that
- 19:24it's possible neither version is correct and that there's a
- 19:27little bit of truth. Now I'm just speculating that there's
- 19:30a little bit of truth in either one, because it's
- 19:32certainly possible to say, I hear you righteous case, go
- 19:36forward and investigate work on the federal nexus, which is
- 19:39what Exhibit three is saying, go work on the federal
- 19:42nexus and find evidence for the federal nexus. But we
- 19:45have concerns about petite policy and legal matters, so there's
- 19:49a lot of work to be done. Question So what
- 19:53kind of direction does that amount to for the line AUSA?
- 19:56What's her job? Then? Answer? So the job would then
- 19:59be a go back and investigate, develop facts and report
- 20:03back question and if she developed enough facts and support
- 20:06of law to present reposed prosecution. Answer right, and so
- 20:11a lot of times in this he said, she said,
- 20:15there's a little bit of truth on both sides of
- 20:17the discussion. I'm just saying, as a general matter, your
- 20:21questions are sometimes either or and sometimes it can be
- 20:24a combination of both. Answer, all right, but in fact
- 20:28you don't recall. Answer. I'm speculating, question, all right, is
- 20:32there anything in either of those that two accounts, two
- 20:35versions that you didn't say happened, couldn't happen? Answer? I can't,
- 20:39because I don't recall. I can't speak to that. I
- 20:42would speculate that there's probably a little bit of truth
- 20:45on both sides that if you read it closely, you'll
- 20:47see that redacted acknowledges the need to work on a
- 20:51federal nexus. So that goes to you know where or
- 20:54mister redacted. I'm sorry, I'm using first names. Question. It's
- 20:58all right question. This is an informal interview. Answer. I'm
- 21:03going to just start using first names. I don't mean
- 21:05that disrespectfully. Where you know redacted says you know because
- 21:09of petit policy and legal issues, and Redacted is acknowledging
- 21:12the legal issue because she's saying that they needed work
- 21:16to do to collect the evidence, establishing the federal nexus. Question.
- 21:20All right, Back in two thousand and six, in this
- 21:24exhibit number one, Redacted tells you in his email that
- 21:29the indictment target date is August twenty fifth, two thousand
- 21:31and six, In other words, very shortly thereafter, within a
- 21:35month or so. Do you know why the line ausa
- 21:38Redacted was keen on getting the federal case against Epstein
- 21:41brought on a fairly on a quick basis answer. So
- 21:45I can't speak to that, and I can I can
- 21:48ask based on your record, was that the state indictment
- 21:52target date answer? Epstein had already been indicted and arraigned
- 22:00on the indictment, So that's federal question. That's talking about
- 22:04a federal indictment answer. All right. The point is early
- 22:09on the investigative team, the FBI and Redacted were hot
- 22:13to trot to get this case moving from a federal standpoint.
- 22:17That may well have been quite unrealistic giving all the
- 22:19issues that we've been discussing. But the question is, do
- 22:22you know why there was some urgency. Answer, I haven't
- 22:26the slightest idea. When was it initially brought to the office? Question?
- 22:32It was brought to the office in May of two
- 22:34thousand and six. Answer. That would be a really really
- 22:37fast timeline question, right, So the question is aspirational though
- 22:42it may have been there was hope to get it
- 22:44done quickly. So the question is can you think of
- 22:47factors that would have led a prosecutor to a want
- 22:51to pursue this quickly? Answer? I don't recall. I can
- 22:55speculate that redacted was very hard charging and wanted to
- 22:58do a lot. Question what was your experience of her? Answer?
- 23:02So based on this, I see you know so exhibit
- 23:04too he gets interrupted? Excuse me? Would but just from
- 23:10your memory, is that your recollection of how redacted operated
- 23:14hard charging? Answer? Yeah, I'd say so. A lot of
- 23:17really good prosecutors are hard charging. That's part of the
- 23:20job description. Question Okay, did so in the child sex
- 23:25offender context? Are you familiar with the belief on the
- 23:28part of the people who do that kind of case,
- 23:31as did it redacted and redacted and others in your
- 23:34office that those offenders typically don't stop offending even after
- 23:38somebody's onto them, so that there was a concern that
- 23:41he that in this case, Jeffrey Epstein might be continuing
- 23:45to offend and therefore getting them off the streets was
- 23:48a priority. Answer. I have heard that discussed recently in
- 23:52the media. I don't recollect that back in well, part
- 23:55of the discussion back in two thousand and six. All right, folks,
- 23:58we're gonna wrap up right here, and then next episode
- 24:00dealing with the topic, we're going to pick up where
- 24:03we left off. All of the information that goes with
- 24:06this episode can be found in the description box. What's up, everyone,
- 24:10and welcome to another episode of the Epstein Chronicles. In
- 24:13this episode, we're going to pick up where we left
- 24:15off with the alex Acosta interview with the OIG inspectors.
- 24:21Question do you recall that, and this is just do
- 24:25you recall that she periodically would give you in that
- 24:29early period of two thousand and six updates written updates? Answer?
- 24:33I don't. Question. Do you think that it was appropriate
- 24:35for a line USA to be shooting emails updating a
- 24:38case that was under investigation directly to you and your
- 24:42first assistant? Answer? It was unusual, and so did I
- 24:45think of Look, I can't reconstruct what I would have thought,
- 24:49but you know you're asking not just what did I know,
- 24:52but what I would have thought twelve years ago. But
- 24:54I can say, based on the general practice, it would
- 24:57have been unusual. And my best guess as to how
- 25:00I would have reacted would have been, Hey, redacted, this
- 25:03is unusual. Is the chain being fully informed? Are feathers
- 25:07being ruffled? Figure it out? Because you know you asked
- 25:11me early on to characterize Redacted's qualities. I think one
- 25:14of the things that I have said is that you
- 25:16was very good at smoothing things over and sort of
- 25:19the interaction because he was respected, And so I might say,
- 25:24that's kind of unusual. Go figure it out. Question, but
- 25:27you wouldn't necessarily jump on that chain yourself and be
- 25:30in direct communication. Answer. I tended not to question, would
- 25:36she have sent this to you something unusual if she
- 25:38thought that this was a case that you wanted to
- 25:40be involved in? Answer? Even in those I tried to be,
- 25:44as general matter, fairly sensitive to the chain, because I
- 25:47had found that if you start jumping the chain too much,
- 25:50even if you become informed, managers feel, you know, out
- 25:53of the loop, and that's not conducive to sort of
- 25:56allowing them to do their job of supervising. It's a
- 25:59big enough office. You have to empower your folks to
- 26:02do their jobs. Question So the concern on your part
- 26:05would not be that she was communicating directly to you,
- 26:08but that as long as all of the chain was
- 26:11informed as well. Answer yeah, I mean if you are redacted,
- 26:15or you know, if you're redacted, or you know, you
- 26:17don't want to talk to the line attorney before the
- 26:20line attorney talks to your boss, and so it's not
- 26:22just informed, but it's respecting your supervisor. And it's a
- 26:26difficult balance because often really good aussays are also the ones,
- 26:31you know, that just want to get things done. Question
- 26:34did you have any reason to believe during this investigative
- 26:36phase that redacted was not pursuing this case this investigation
- 26:40adequately appropriately and fully? Answer No, I did not. Question
- 26:48did you feel that she did not have appropriate oversight?
- 26:51Answer not to my recollection. Question Okay, did you feel
- 26:56that she had any resource problems? That is, did she have,
- 26:59as far as you no sufficient resources available to pursue
- 27:03her investigation? Answer to my recollection, Yes, I noted her early.
- 27:08You know, I noted more recently the email where you
- 27:10know that was shared with me by redacted about resource concerns,
- 27:15and I would just note that I would allow the
- 27:16management chain to figure that out. Question all right, did
- 27:20you at any point consider, based on what you then knew,
- 27:23expanding the scope of the investigation. Did you ever suggest
- 27:27or propose that, instead of simply looking at Epstein's conduct
- 27:30in West Palm Beach, this will be the girls that
- 27:33the federal authorities could use their resources to look at
- 27:36other aspects of Epstein's activity. Answer, so, I think it's
- 27:40important to take a step back. And I was aware
- 27:43of any number of cases going on in the office,
- 27:46and based on what that stage of case was at,
- 27:49I would get more involved. For a time, it wasn't
- 27:51my practice to direct a usays and how they should
- 27:54investigate or what the scope of a case investigation should be.
- 27:58The Miami office, before I got there and after I left,
- 28:01had a reputation for knowing their stuff. It's a large office,
- 28:05it's got good people. I would assume that the ausas
- 28:08and their management would follow their natural leads. Question all right,
- 28:12where you will wear that during this period? And by
- 28:15this period, I'm talking about the investigative period from the
- 28:18time that the case came in in mid two thousand
- 28:21and six up until May one, when Redacted put forth
- 28:25her prosecution memo and proposed indictment. During the sort of
- 28:30ten month period or almost a year, where you will
- 28:33wear that defense Council for Epstein were reaching out or
- 28:35Redacted and Redacted to pitch their view of how the
- 28:39case should proceed. Answer, So, I don't have a specific
- 28:43recollection of who reached out at what time. I would
- 28:46assume as a general matter that Defense Council Defense Council
- 28:50were clearly involved before the case came to the office,
- 28:53and so I would assume that Defense Council would remain
- 28:56involved while the office was investigating. I say that not
- 29:00based on independent recollection. But why would they stop being involved? Question?
- 29:04And is it your experience as a US attorney that
- 29:07it was common or uncommon for defense counsel to approach
- 29:11the line prosecutor and supervisor to make whatever pitch they
- 29:14want with respect to a prosecution Answer fairly common question,
- 29:20all right? And was it also common for those approaches
- 29:23to be entertained? In other words, for the line a
- 29:26USA and supervisor to meet with defense counsel, and did
- 29:31you view that as appropriate? Answer? As a general matter,
- 29:35it was typical. It happened before I got there, and
- 29:38it's probably happening now. Question, And you view it as
- 29:41an appropriate part of the process. Do you answer? I
- 29:44think a usays need to have discretion to meet with
- 29:47defense counsel, and defense counsel certainly should be able to
- 29:50present perspectives. Question. There's an outlook. This is Exhibit four,
- 29:56and this is something it's really sort of a point
- 29:58of information here. This is an outlook that shows you
- 30:02and redacted and redacted had a schedule a meeting with
- 30:05Roy Black. Question. Roy Black a prominent attorney, a local
- 30:11criminal defense attorney at the time in the Miami area.
- 30:14This was a meeting scheduled in your office for the
- 30:17twenty third of February two thousand and seven. Do you
- 30:19have any he was he at the time was one
- 30:23of Epstein's attorneys. Do you have any idea whether that
- 30:26this meeting related to Epstein or some other case? Answer?
- 30:29I don't. I noticed that. I don't know whether it
- 30:33was this or another matter. Oh, I'm sure, mister Acosta,
- 30:36you have no idea. Are you guys hipped to the
- 30:38bullshit yet and again not even my own words. These
- 30:41people are sinking themselves with their own bullshit. Question but
- 30:47you have not particular recollection of a meeting with him
- 30:50on Epstein and the Epstein matter. Answer, I don't question
- 30:53at this time. Answer, And let me note I think
- 30:57most of the correspondents was from other attorneys, not him.
- 31:01And so yeah, another lie. There's a ton of emails
- 31:04from Roy Black and to Roy Black. Question all right,
- 31:09are you okay? Do you want to take a short break? Answer?
- 31:14Let's what time is it? Oh? Eleven? Question five minutes? Answer, yeah,
- 31:19So they take a five minute break, then they come
- 31:20back all right, back on the record at eleven twelve.
- 31:24Having broken at eleven, mister Acosto, we're going to move
- 31:26on in the timeframe. I mentioned a moment ago May
- 31:29of two thousand and seven when redacted submitted her prosecution
- 31:33memo of more than eighty pages and her proposed indictment,
- 31:37her initial proposed indictment, which was more than fifty pages.
- 31:41She submitted that by transmittal memo to her entire chain redacted, redacted, redacted, redacted,
- 31:46and redacted, and you was that a typical way for
- 31:50an indictment? And proposed prosecution the memo to come. Answer
- 31:54to my recollection, it was not, and I don't recall
- 31:57that happening in other cases. I'm trying. I'm hesitating just
- 32:01because I'm trying to think through if there's I don't
- 32:04have any recollection of it happening in another case. Question
- 32:08why do you think it happened in this case and
- 32:10who caused it to happen? Answer? I don't know. I
- 32:14don't know. Question all right? All right, So when you
- 32:19before you saw it, I don't know if you even
- 32:20knew about it. By reference to Exhibit six, you learned
- 32:24essentially from redacted that the FBI was planning to do
- 32:27a press conference two weeks after that, and Redacted told redacted,
- 32:31this office has not approved the indictment. Therefore, please do
- 32:35not commit us to anything in this time. Were you
- 32:37eventually in that email chain? And did it get to
- 32:40you apparently by blind carbon because there is no indication
- 32:44you actually get it. Answer right, question, but you advise
- 32:48Alicia Valley, who I think was your press person that
- 32:53redacted hasn't even finished recommendation to redact it. I e.
- 32:56We are a long way off. So did you have
- 32:59any idea why the FBI was planning a press conference
- 33:02on Epstein. Answer, I don't know if I did, I
- 33:06don't recall if I did. Question how typical was it
- 33:09for the FBI to plan a press conference on an
- 33:11indicted on a case that was being indicted at the
- 33:14time of an indictment or arrest without coordinating with you
- 33:18and your office? Answer under redacted, Highly atypical. Question was
- 33:24he the sack at the time? Answer? He was a sack.
- 33:27He was a sack. I know he was the sack
- 33:29at the time as of September, and I'm almost certain
- 33:32that he was a sack at the time. Question all right,
- 33:35and when you said that we are a long way
- 33:38off and redacted hasn't even finished a recommendation to redacted,
- 33:42do you know whether you had any idea what she
- 33:44was actually submitted in her prosecution memo and that she
- 33:48made a recommendation to redacted? Answer? I can't recollect, but
- 33:52I'll take my words as reflective of If I say
- 33:56she hasn't finished her recommendation, then I assume she hasn't
- 33:59finished her recommendation. Question does that mean, as you look
- 34:04at your own words, does that suggest to you that
- 34:06you were unaware as of that moment that she actually
- 34:09submitted her prosecution memo. Answer that suggests that I would
- 34:13not have been aware that she submitted it, if you know,
- 34:16because it sounds like I'm saying she hasn't even submitted
- 34:19her memo. Question all right, answer, we're a long way off.
- 34:24But again this is based on practice, not recollection. Question
- 34:28all right, And when you said that you're a long
- 34:30way off, did that reflect if you recall an assessment
- 34:33of the length of time to get a prosecution memo,
- 34:37a recommendation, and an assessment of that or your expectation
- 34:41that even when you saw a prosecution memo and an indictment,
- 34:45it would be a long process before it was approved. Answer,
- 34:49so I would assume, And again this is just based
- 34:51on speculating from the way that I write that, I'm
- 34:54thinking she hasn't submitted her recommendation to redacted and redacted
- 34:58needs to review it. He may you know, he'd probably
- 35:02want to talk to her say it needs to be scrubbed.
- 35:04You know, this could be this isn't happening next week,
- 35:07et cetera. Question all right, do you have any reason
- 35:10to believe that whatever that process is, that you were
- 35:13describing would be any different in particular measure in this
- 35:16case from an ordinary complex case. Answer. So, from my language,
- 35:21I would take it that it's the same process, but
- 35:24that there is a process and the process hasn't yet
- 35:27been followed. Question all right, okay, answer so it would
- 35:32be the typical process in a typical complex case. Question
- 35:36all right, and is it fair to characterize this as
- 35:39a relatively complex case given the legal issue? Answer? I
- 35:44think it is. Yes. All right, folks. We're going to
- 35:46wrap up right here, and in the next episode, we're
- 35:48going to pick up where we left off. All of
- 35:51the information that goes with this episode can be found
- 35:54in the description box.