Latest / The Epstein Chronicles / Mega Edition: Alex Acosta And The OIG Investigation Into Epstein's NPA (Part 1-3) (6/21/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome to another episode of the
- 0:03Epstein Chronicles. Ever since we first got the OIG report
- 0:07detailing their investigation into not only Jeffrey Epstein's death, but
- 0:12into the non prosecution agreement, I have been very, very
- 0:16interested in seeing the interview that was conducted with alex
- 0:20Acosta that was administered by the Inspector General's Office, And
- 0:24after exhaustively searching through the new unsealed files, I was
- 0:28able to put together this whole entire interview, all three
- 0:32hundred pages, and obviously we're going to get it added
- 0:34to the catalog and then you can listen to this
- 0:36interview and then go back to the deposition that alex
- 0:40Acosta gave to Congress recently and see how it all
- 0:43lines up. So with that said, let's dive in examination
- 0:48by misredacted question, So would you tell us your name?
- 0:52Please answer Renee Alexander Acosta. Question and mister Acosta, you're
- 0:58accompanied by your attorney, Gordon Todt. Is that correct answer? Yes?
- 1:01It is? Question and mister Todd would you identify the
- 1:05associate you have with you? Yes? TJ. Hauran misredacted h
- 1:11E r RN. Mister Heran correct misredacted. Thank you, mister Acosta.
- 1:18I'm redacted. I'm a council with the Office of Professional
- 1:21Responsibility here at the Department of Justice, and with me
- 1:24are my fellow OPR council redacted, redacted and redacted. And
- 1:30we are in a conference room at the Department of
- 1:32Justice main building on today, October eighteenth, twenty nineteen, and
- 1:36we're starting at about nine thirty in the morning. Before
- 1:39we start, I just want to put on the record
- 1:42that mister redacted worked in the Civil Rights Division at
- 1:45the time that you were the AAG heading that division,
- 1:49and I believe had an occasion to briefly meet you
- 1:52in connection with the matter the witness. Could I ask
- 1:55what section, mister redacted, I was in the special litigation section? Oh, okay,
- 2:01mister adacted, And I provided mister Acosta some talking points
- 2:05for a press situation that we had in that case.
- 2:09The witness one four one four to one, mister adacted, Yes,
- 2:14the witness probably by misredacted question. All right, thank you,
- 2:18mister Acosta. OPR is investigating two things, as you know. One,
- 2:23whether one or more federal prosecutors in the Southern District
- 2:26of Florida, US Attorney's office may have committed professional misconduct
- 2:31by entering into the non Prosecution Agreement or MPa in
- 2:34two thousand and seven with Jeffrey Epstein, who at the
- 2:37time was under investigation by that office and the FBI
- 2:41for engaging in widespread sexual misconduct involving underage females. The
- 2:46second thing we're investigating is Judge Mara's finding in February
- 2:50of this year, twenty nineteen, that the government may have
- 2:53violated or actually found the government did violate the CVRA
- 2:58or Crime's Victims Rights Act when it entered into the
- 3:01NPA without first providing the victims with notice and a
- 3:05reasonable right to confer with the government. You are subject
- 3:08of the OPR investigation, that is, one of somebody whose
- 3:12conduct is being reviewed and evaluated by OPR, and specifically,
- 3:16as US attorney at the time for the Southern District
- 3:19of Florida, you had the ultimate authority over the Epstein
- 3:23for a period of two and a half years, as
- 3:25we understand it, from the time the line Ausa Redacted
- 3:30first brief you and then Criminal Chief Redacted in July
- 3:33of two thousand and six, and until you were formally
- 3:35recused from the case on or about the eighth of
- 3:38December two thousand and eight, after notifying the Executive Office
- 3:42of the US Attorneys that you are seeking employment with
- 3:45Kirkland and Ellis, a firm of which two attorneys, Ken
- 3:49Starr and Jay Lefkowitz had been representing Jeffrey Epstein. Is
- 3:53that correct? Answer? We may we may get into it
- 3:57a little bit later, but I think the character is
- 3:59ation of my seeking employment is not accurate. We can
- 4:02talk about that a little bit later. Question all right,
- 4:05we have the documents that relate to that, So that's
- 4:08what we're basing that on. Answer correct, question. And I
- 4:12believe the term that I used is seeking employment. Answer.
- 4:16That is the term used in the email. I think
- 4:18I address that, and I believe mister Todd addressed that
- 4:22in the letter that was sent. Question all right, thank you.
- 4:26So we recognize that you're no longer with the Department
- 4:28of Justice. Answer right, question, and that it's your choice
- 4:32to come and talk to us, and that we very
- 4:34much appreciate your willingness to voluntarily do so and help
- 4:38figure this case out. OPR provided you with a few
- 4:41thousand pages of records, emails and correspondence and some other
- 4:45documents that reflect your involvement in the Epstein matter over
- 4:49that two and a half year period. Now that you've
- 4:51had a chance to review, I hope those emails and
- 4:54other documents, we hope that you can be specific in
- 4:57helping us understand what happened. Have you in fact been
- 5:01able to review those documents? Answer? Yes, I have question.
- 5:05Thank you. O PR asked you for a written response
- 5:08to certain questions, and we've reviewed and received a written
- 5:12response prepared and submitted not by you, but by your attorney,
- 5:16mister Todd on your behalf. Have you reviewed his response? Answer? Yes?
- 5:21Question yeut? You answer? Yes, I have question? And will
- 5:26you now under oath subscribe to that response as if
- 5:29you had submitted it yourself. Answer? So, mister Todd spoke
- 5:33to me and conveyed the investigation that I provide him.
- 5:36I believe he conveyed that the information accurately, and the
- 5:39statements that he ascribes to me in that letter, I
- 5:42believe or accurate. Question all right, do you have any
- 5:46changes or corrections to the written response? Answer? No, I don't.
- 5:50Question is there anything in it that you do not
- 5:53agree with? Answer? Again, I think that the statement that
- 5:56he ascribes to me are accurate, and I agree with them.
- 6:00Question all right, so we're going to accept that statement
- 6:02as representing accurately your What would you have responded if
- 6:07you had responded to us directly? Is that correct? Answer? Yes,
- 6:12the statements he basically gives me positions, and I believe
- 6:15that he gave my positions accurately. Question perfect, Thank you. So,
- 6:20as we ask questions and refer to documents, we would
- 6:23like you to correct any misstatements in our questions or
- 6:27any misstatements or errors that are in the documents themselves,
- 6:31because we want to make the entire record correct. Also,
- 6:35there's been an enormous amount of publicity about the Epstein case,
- 6:38particularly this year, including about the events and decisions made
- 6:42back in two thousand and six to twenty ten that
- 6:46are the subject of our investigation, and so as best
- 6:49you can, we ask you to try to answer today
- 6:52from your knowledge, understanding, and recollections as of that time period. However,
- 6:57to the extent you are asked or do speak retro actively.
- 7:00Retrospectively will just make it clear that that's what you're doing.
- 7:06Answer all right, question, okay, answer, And if I could
- 7:09just say, one of the difficulties is with everything that,
- 7:12all the publicity and all the documents that have made
- 7:15it to the press, and in litigation, distinguishing between recollection
- 7:19versus the fact. Question right, Acosta interjects speculation, and I
- 7:25will try, but I would appreciate reminders along the way,
- 7:28because it's an important distinction. But it's kind of hard sometimes.
- 7:33Question we recognize, particularly the importance of it. Answer right,
- 7:38question that that's precisely the heart of the matter. So,
- 7:43mister Acosta, your professional background is a matter of public record.
- 7:47I have a couple of questions. By what state bar
- 7:50are you currently licensed? Answer, so, I'm an active I
- 7:54believe in active in Pennsylvania and also in DC. Question
- 7:58all right, and not in Florida. Answer not in Florida. Question,
- 8:02so is it do I understand that you are not
- 8:05currently an active member of any bar? Answer? I would
- 8:08have to confirm with DC. I said not inactive in
- 8:10Pennsylvania and in DC, because I'm not certain whether I'm
- 8:14currently active or inactive. In DC, I'm not currently practicing,
- 8:18and so I would have renewed under either active or inactive.
- 8:22Question all right, answer, we can verify that and get
- 8:25that question. We would appreciate that if mister Todd, could
- 8:28let us know your current status. I would also like
- 8:31to know the status your bar status in the period
- 8:34of two thousand and six through two thousand and eight.
- 8:36Do you know what that was? Answer? Most likely, I
- 8:39can speculate. I don't know for a fact. Most likely
- 8:42it was active in DC. Question uh huh answer and
- 8:46an active in Pennsylvania. Question okay, but likely active somewhere right? Answer, yes, yes,
- 8:52I think that's a requirement answer, so it would be DC.
- 8:56The distinction between active and an active in DC is
- 8:59more as I recall, then Pennsylvania, where there's a large
- 9:03fee difference. Question All right, thank you, and we look
- 9:06forward to hearing confirmation of that from you, mister Todd. So,
- 9:10after serving nearly two years as the Assistant Attorney General
- 9:13in charge of the Department's Civil Rights Division, you were
- 9:16presidentially appointed the interim US Attorney for the Southern District
- 9:20of Florida in June of two thousand and five, and then,
- 9:23as we understand it, you were formally nominated as US
- 9:26Attorney in June of two thousand and six, and after
- 9:29being confirmed by the United States Senate, you were sworn
- 9:32in by the US Attorney as US Attorney in late
- 9:36October two thousand and six. Answer. I think that may
- 9:39be inaccurate. I would have to confirm when you say
- 9:42presidentially appointed. I believe it may have been appointed by
- 9:45the Chief Judge at the request of the Attorney General.
- 9:48The Chief Judge has appointing authority. Question okay, answer, and
- 9:53you'd have to go back and confirm whether it was
- 9:56either an ag designation or the Chief Judge. Answer, all right,
- 10:01question and I understand. And again I would appreciate if
- 10:04you could follow up on that question, mister Todd. Answer.
- 10:09I'm not certain how to confirm that that's something that
- 10:11in all candor the department would know. Question all right,
- 10:16then we will pursue it. My point is that there
- 10:18was a change in your status from an interim to you,
- 10:22you know, the US Attorney with the full confirmation, How,
- 10:27if at all, did the change in status affect your
- 10:29view of and your exercise of your authority as US attorney? Answer?
- 10:35So it's difficult to recall now you're asking that just
- 10:38ten years back, but even further back, I was interim
- 10:41for a sufficiently long period of time, and by the
- 10:45time change and status took place, I would speculate that
- 10:48I was, in my mind the you know, acting as
- 10:51US attorney, whether you have adjunctive interim or acting in
- 10:55front of your name or not. You know, I had
- 10:58great people. I don't recall when I came on board
- 11:01as a first assistant, but he was my crim chief,
- 11:04and I thought for the continuity of the office it
- 11:07was important to promote him to first assistant. Question. He
- 11:11was promoted actually effective October of two thousand and six.
- 11:14You made a series, according to emails, the announcement, the
- 11:17personnel announcement was made to be effective in October two
- 11:21thousand and six, naming redacted as criminal chief and redacted
- 11:25as first assistant. Answer, right, and they they were both
- 11:29long serving professionals within the office, and basically, as my recollection,
- 11:33everyone just moved up one wrung question. Okay, answer, you
- 11:38would know better than I because you have those records,
- 11:40and so, sitting here today, I don't recall any specific
- 11:43way in which that shift would have impacted question. All right,
- 11:48answer my thinking question. You had not served as a
- 11:51prosecutor before and didn't have direct criminal experience, is my understanding. Answer?
- 11:57That's correct. I had supervised civil rights for a example,
- 12:00had supervised criminal prosecutions, but I had not been a
- 12:04line prosecutor previously. Questions, So, as the US attorney supervising
- 12:08a couple one hundred answer right, question, line prosecutors most
- 12:12involved in criminal work? What interested you most or appealed
- 12:16to you most as you undertook and carried out your
- 12:19duties as US attorney? Answer? What interested me and appealed
- 12:23to me? So the work of the office. I mean,
- 12:26it's a broad question, but the work that office, in
- 12:29any US Attorney office, I think is incredibly impactful to
- 12:32any local community. And I very much enjoyed being part
- 12:35of the effort to bring folks to justice, to move
- 12:38policy initiatives. You know, I recall early on we identified
- 12:42health care fraud as one big, one big area, and
- 12:46we had one of the largest, one of the largest
- 12:48health care fraud initiatives. You know, we focus quite a
- 12:51bit on gun violence and we did a great job
- 12:54on that. And it's one of those jobs where people
- 12:57feel very good about what they do, and it's great
- 12:59to be a part of. Question that's helpful, It just
- 13:05gives us answer. Yeah, question some perspective question, Was there
- 13:10any aspect of it that you particularly disliked answer to
- 13:13the extent you're dealing with personnel issues. I think personnel
- 13:17issues are rarely the preferred part of any executive function.
- 13:22Question you mean the conflicts among attorneys things like that,
- 13:26or performance issues? Answer performance issues question? All right, answer,
- 13:32And you know, when you've got in any large office,
- 13:34you got personal issues, disciplinary issues, and those are never
- 13:39those are never fun. All right. We're gonna wrap up
- 13:42this episode right here, and in the next episode dealing
- 13:45with the topic, we're gonna pick up where we left off.
- 13:48All of the information that goes with this episode can
- 13:50be found in the description box. What's up, everyone, and
- 13:54welcome to another episode of the Epstein Chronicles. In this episode,
- 13:58we're going to pick up where we left off the
- 14:00alex Acosta interview with the OIG investigators question. So we
- 14:06talked about the personnel, high level personnel changes you made
- 14:09sort of after your first year there. Redacted had, we understand,
- 14:13been functioning the fact though as a first assistant while
- 14:16redacted was not. He we understand redacted had been first assistant,
- 14:21but he stepped away and Redacted came in to essentially
- 14:24take over his brief until he was formally appointed first assistant.
- 14:29Is that consistent with your memory? Answer, so you might
- 14:32have characterized that more strongly than I would have. Question okay,
- 14:36answer again, it's difficult to recreate from back then, but
- 14:40there was certainly a transition period for mister adapted to
- 14:43mister adacted. And if I could, because when you said
- 14:47high level changes, my intent it was a great office,
- 14:50great professionals. My intent in elevating mister adacted was just
- 14:55you go from criminal chief the first assistant. And I
- 14:58don't recall mister adacted prior position, but I know that
- 15:01he was also elevated. I think he might have been
- 15:05major crimes. But question, that's correct answer, I could guess it. Question,
- 15:12we can verify that answer. Okay, question Yes, what was
- 15:16your assistant of redacted? His capabilities, his judgment, and his
- 15:19working relationship with you on a day to day basis.
- 15:23Answer outstanding. He had been in the office for decades.
- 15:26He was respected by everyone. He had a very good
- 15:29tone to him. He was someone, you know, I wanted
- 15:32individuals around me that were respected within the office and
- 15:36that were trusted and that had been there for a
- 15:38long time. And then I think I was very lucky
- 15:41to have that in my management team. Question, as we
- 15:45understand it, your office, as US attorney was sort of
- 15:49on the one side of the reception area and the
- 15:52first assistant's office is on the other side. Is that correct? Answer?
- 15:56That's correct? Question? So, did did you and redacted have
- 16:01any sort of easy back and forth question, open door
- 16:05answer into each other's offices multiple times a day? Question?
- 16:09All right? Answer? All right? And given that he had
- 16:13experienced throughout his career at the department in the criminal
- 16:16arena and you had not, to what extent would you
- 16:19rely on him among others for guidance, perspective, information, and
- 16:23so on. Answer? I named the first assistant because I
- 16:27valued his guidance and his perspectives, and I thought those
- 16:30were valuable. Question. Okay. You also, as we pointed out,
- 16:34appointed redacted to succeed redacted as criminal chief effect of
- 16:38October of two thousand and six, and he served for
- 16:41about ten months before he left for private practice. He
- 16:45left at the beginning of August two thousand and seven.
- 16:49What did you you said you didn't recall as we
- 16:52sit here today, what section he come from? Answer right,
- 16:56I guessed it was major crimes. Question all right? Were
- 17:00you what was the assessment of redacted answer outstanding as well.
- 17:05And if I could say when I say, I don't recall,
- 17:08but I guess when you're going back twelve years, sometimes
- 17:11you get an impression. But you can't say it's a recollection,
- 17:14and that's going to come up multiple times today just
- 17:17because it's a while ago question. As long as we
- 17:20make that distinction, both are helpful answer, right, And so
- 17:25whether it's a recollection or a construction after the fact,
- 17:29I can't say that, but you know, I thought that
- 17:32one of the helpful factors with redacted is he had
- 17:34spent a lot of time and major Crimes is the
- 17:37most active active unit. I assume you all know that
- 17:40the structure in the office, but major crime is not
- 17:45major crimes, it's sort of the entry level crimes. And
- 17:47I value the fact that he had trained and you know,
- 17:50so many ausas and really spent a lot of time
- 17:54reviewing the major crimes chief as opposed to the other
- 17:57chiefs who spend a lot of time reviewing the work
- 18:00of ausa's And so he would be someone who is
- 18:03very experienced and able to get into the weeds question.
- 18:07And he in fact was around during that time period,
- 18:10had gone back in the courtroom. If you recall to
- 18:13actually try a major case, do you recall that? Answer?
- 18:17I didn't until you just said so. Question major fraud. Answer,
- 18:22I didn't until you mentioned it. And now there's something
- 18:25in the back of my head that's saying that sounds right,
- 18:27but I can't give you more detail. Question all right?
- 18:30What was your assessment of redacted and sort of working
- 18:33style and particularly working with you? Answer? You know again, positive?
- 18:39You know, we didn't. I didn't see him as often
- 18:41as mister redacted. Question was he located on the same floor.
- 18:45Answer he was located on the same floor, but not
- 18:48within the same suite. Question mm hmm. Answer, and that
- 18:52affects interaction, but a positive working relationship. Question all right?
- 18:57And to what extent would you as criminal chief? Was
- 19:02he relied on by you as distinguished from redacted with
- 19:05regard to the criminal matters pending? Answer? Also relied on
- 19:10depending that would depend almost on the matter. Question okay,
- 19:15As in a typical situation, Acosta answers, he would bring
- 19:19things to redacted, who would then bring them to me
- 19:22along and so he would bring things to redacted, and then,
- 19:25depending on their discussion, they might both walk into my
- 19:28office but he would typically run things through redacted before
- 19:32coming to me. Question were there occasions when he would
- 19:36come to you directly? Answer? Sure, that's why I said,
- 19:39and typical answer. It's difficult to sort of recreate the interactions,
- 19:45but he certainly could come by and come to me directly,
- 19:49and in some cases I would say probably would Question again,
- 19:53it's being a large office with several physical locations, and
- 19:56we understand it's a very high volume of cases, and
- 20:00particularly in the criminal context. Is it fair to say
- 20:03you didn't review every prosecution as it was brought Answer?
- 20:08It's not just fair, but accurate. I recall a conversation
- 20:11with the US attorney from a small district early on
- 20:14at one US Attorney's conference where we compared notes, and
- 20:18the interaction of an office with thirty prosecutors is very
- 20:21different than one with a few hundred questions. So, when
- 20:26you did engage on a criminal case, would you, whether
- 20:29it was planned prosecution or a case heading to trial,
- 20:32would you generally rely on written submissions or would you
- 20:36this is really an inquiry into your style, or would
- 20:40you have everybody together and talk about it, or would
- 20:43you rely on your most immediate subordinate to be briefing you.
- 20:48Which one of those kinds of approaches did you take? Answer?
- 20:52I would say that really depended and probably varied based
- 20:55on individual needs. For the most part, I would most
- 20:58likely just speak with my first assistant and or criminal
- 21:01chief and assess what else needed to be done. In
- 21:05other words, you would sort of do it on a
- 21:08sort of verbal or based on oral interaction and presentation
- 21:12as opposed to going through stacks of paper. For the
- 21:15most part, I would say that that was typical. I
- 21:18don't want to say that that case was every single time,
- 21:21but that was typical. Question all right? And to that extent,
- 21:26did you go out and about to encounter the line
- 21:28attorneys or for example, was that something that you were
- 21:32able to do and wanted to do? Answer? Yes and yes,
- 21:36And you know, when I started, I made it a
- 21:38point of walking every floor and meeting everyone, and towards
- 21:42the end of the day, I would also if I
- 21:44could make it a point, particularly of major crime, of
- 21:47just walking down to the floor and seeing who was
- 21:50there and what they were doing and sort of popping
- 21:52my head in and just saying hi, because I think
- 21:55that's the right thing to do. Question, Okay, was that
- 22:00way to support the troops or was it more of
- 22:02a way for you to find to become informed about
- 22:04what was going on. Answer? Probably a little bit of both,
- 22:08to support the troops, but also to get the temperature
- 22:11of the office and see how matters are progressing. Question
- 22:15you at the Criminal or rather the Civil Rights Division,
- 22:18had experience with human trafficking and child sex trafficking cases.
- 22:23Answer correct, under your supervision. We understand that you brought
- 22:28that concern or your concerns about those issues with you
- 22:31to the US Attorney's Office, and that we know that
- 22:35under your tenure, the US Attorney's Office had many successful
- 22:39prosecutions involving conduct ranging from internet child pornography to international
- 22:44sex tourism to victimizing children. In particular, in mid two
- 22:49thousand and seven, you, according to press reports, you set
- 22:52up a new special prosecution unit to focus on, among
- 22:55other things, sex crimes against children. Could you tell us
- 22:59what importance though those kinds of cases hell for you
- 23:01as US attorney? Answer? Sure, if I could. If I
- 23:06could just back up a little bit, because the question
- 23:08goes the Special Prosecutions Unit, and let me address that
- 23:12part of it. There are a few things that are
- 23:14embedded there answer, there's the special prosecution unit that was
- 23:19set up because there was some issue that I thought
- 23:23was important to pursue in particular, and one of those
- 23:26was sort of trafficking issues. Another one was the gun violence.
- 23:30And the intent of special prosecutions was to have a
- 23:33group of individuals that would sort of be dedicated and
- 23:36not part of the usual major crimes group. So it
- 23:39wasn't exclusively I your question may have implied it was
- 23:43exclusively for sex crimes. Question. They cut them off. Oh,
- 23:46no question, No, I understand it was not answer and
- 23:51so I thought it was sufficiently important, and so it
- 23:54was one of the one of the initiatives that we
- 23:56were certainly pursuing. Question and was that something that you
- 24:01can to which you brought your experience as head of
- 24:04Civil Rights Division as well? Answer? It was not. I
- 24:08think I know when I was head of Civil Rights
- 24:11that that's something that I'd put particular emphasis on, and
- 24:14I thought Civil Rights really stepped up and did a
- 24:16great job on that question. Did you yourself recognize you
- 24:21were never a prosecutor as such? Answer right, question, But
- 24:24did you ever have experience being involved in a prosecution.
- 24:28That's sort of the nitty gritty of the prosecution of
- 24:31that kind of case, sort of seconding yourself to a
- 24:34trial team, for example, or an investigation. Answer. So, if
- 24:38by nitty gritty you mean seconding myself to a trial team,
- 24:41the answer would be no question, all right. Answer. There
- 24:45are a number of cases that I recall being briefed
- 24:48on and talked about. Interrupted question, but at that high
- 24:52level answer, correct question, all right. The department set up
- 24:56in two thousand and six a PSC program, a Project
- 25:00Safe Childhood program focused on Internet child pornography, and appointed
- 25:05you as the first coordinator, and she was also course
- 25:09the line attorney on the Epstein case. How well did
- 25:12you know redacted? And can you can you give us
- 25:15your assessment of her capabilities, judgment and her interaction with you? Answer,
- 25:20so a few things in there. How well did I
- 25:22know her prior to appointment? I don't recall. I'm not
- 25:25I don't think I knew her particularly well prior to appointment.
- 25:28She was clearly respected within the office, and I don't recall,
- 25:32but I can't speculate that she was appointed based on
- 25:35recommendations of management and her interest in some combination and
- 25:39prior work, and some combination thereof you asked me to characterize,
- 25:46and I think she was good, strong, professional AUSA. Question
- 25:51do you have any did you have any negative, you know,
- 25:54anything less than fully positive in your assessment of her? Answer?
- 25:58No question. I think she was good, strong, and a
- 26:01dedicated a USA. All right, folks, we're gonna wrap up
- 26:05episode two right here. In the next episode dealing with
- 26:08the topic, We're gonna pick up where we left off.
- 26:11All of the information that goes with this episode can
- 26:14be found in the description box. What's up, everyone, and
- 26:17welcome to another episode of the Epstein Chronicles. In this episode,
- 26:21we're gonna pick up where we left off with alex
- 26:23Acosta's interview with the inspector. General question, do you have
- 26:29any did you have any negative, you know, anything less
- 26:31than fully positive in your assessment of her? Answer? No question? Okay, answer,
- 26:37I think she was a good, strong, dedicated AUSA. Answer
- 26:41all right. Question was the managing USA at West Palm
- 26:47Beach Office? Answer? Correct question at least? And would redacted
- 26:53work there? How closely did you work with redacted? And
- 26:56again that's an assessment question. What was your assessment of them?
- 27:00Answer so less so only because of geographic distance? Question?
- 27:05Uh huh? Answer I would also say he was a
- 27:07respected professional. He had a good reputation. He went on
- 27:11to be chief of staff here at the Criminal Division,
- 27:14which I think speaks to how he was viewed within
- 27:16the department, and so I would say positive question. Okay,
- 27:21So turning to the Epstein case. Answer, yeah, question, Now
- 27:25that your recall has been refreshed by virtue of the
- 27:27documents that we provided, Before we get into the actual
- 27:30sort of documents and some of the details of the events,
- 27:33would you please give us a general overview of what
- 27:35you currently remember refreshed about how the case came into
- 27:39the US Attorney's office, how it was assessed for prosecution,
- 27:43and how and why the decision was made to resolve
- 27:46it with a two year stage plea that ultimately became
- 27:50an eighteen month sentence. Answer okay, And to that, mister Haran,
- 27:57who is the lawyer for alex Acosta, pipes up before
- 28:01you answer the question, let me just jump in on
- 28:04the notion of refresher recollection, which is of course has
- 28:08a very specific legal meaning, and I think to assert
- 28:11that mister Acosta's recollection has been refreshed generally probably overstates it.
- 28:16It's really a document by document issue by issue thing.
- 28:19So I push back on that. He gets interrupted, but
- 28:23he keeps going a little bit. But the question is
- 28:25fair and accurate, misredacted. If you're talking about handing him
- 28:30a document or refresh an exhausted recollection, that's not the
- 28:33process we're talking about. We're using it more in a
- 28:37lay term. That you know, if we ask you this
- 28:39before giving you all these documents, you'd probably would have
- 28:43not been able to be as full in your responses.
- 28:46So we're asking for your full response, mister Haran. We
- 28:50appreciate the opportunity to review the documents, and Alex in
- 28:53your answers, try to distinguish what you actually recall in
- 28:57your own head versus what you saw in the document,
- 29:01and that would make four. He gets interrupted, the cleanest record. Acosta. Okay,
- 29:06So three parts. How did it come to my office? Question?
- 29:11How was had it come in? Answer? Right question? How
- 29:15was it assessed for prosecution? Answer? Write question? And then
- 29:20how and how and why the decision was made to
- 29:23resolve it the way it was answer. So let's begin
- 29:27with how it came into the office. Putting all the
- 29:29documents aside, I can't say with certainty how it came in.
- 29:33I can speculate how it came in and the way
- 29:35it would have come into the office is I can
- 29:37speculate that the chief the chief writer from Palm Beach
- 29:41County would have brought it to either the FBI or
- 29:44the Palm Beach office. I'm not certain that I would
- 29:47have asked who brought this case to the office, as
- 29:49opposed to the case is now in the office. Let's
- 29:52discuss it right. The format or the mode in which
- 29:55it came in, I think is important because my recollection
- 29:59is it arrived to us us in the position that
- 30:01the state attorney had negotiated a plea, and that the
- 30:04reason that we looked at it was that the plea
- 30:07was going to be that there had been an initial
- 30:09charge that wasn't pursued and that required jail time and registration,
- 30:15and that the plea was going to be taken was
- 30:17a charge that didn't require jail time and didn't require registration,
- 30:22and based on the preliminary assessment of the facts, that
- 30:24seemed that seems wrong. So that's how it arrived. The
- 30:29next question was question how was it assessed for federal prosecution? Answer?
- 30:35So it was assessed for federal prosecution. My recollection from
- 30:39very early on, and I'm sure we'll talk about this
- 30:41some more, is you have a case that, while technically
- 30:44it wasn't final at the state level, but for federal
- 30:47involvement would have been final. And so from the earliest
- 30:50point we were thinking federal versus state and petite and
- 30:54the contemporaneous record sort of shows at least the material
- 30:57that I got the earliest communication mister redacted telling me
- 31:01that redacted is preparing a petite policy waiver, that misredacted
- 31:06is preparing a petite policy waiver. And that's consistent with
- 31:10my recollection of how it was assessed and then brought
- 31:13in assessed you know, doesn't make sense to go forward, yes,
- 31:16investigate and circle back and then and then the third
- 31:19part was question how and why the disposition answer. So
- 31:24my general recollection is the view was that if the
- 31:27state had followed through on the original charge I don't
- 31:30recall which that call for jail time and that call
- 31:32for registration, that the local police or whoever brought it
- 31:36would not have seen the need to refer it. And
- 31:38so that was, in terms of pre indictment resolution, a
- 31:42logical and reasonable place given all the other sort of factors,
- 31:46both the patitue concerns, the witness concerns, and the legal concerns.
- 31:50And to that I would add a fourth concern, which
- 31:52it had already been reviewed by a grand jury at
- 31:55the state level, is my recollection. And so to some extent,
- 31:59that's indication of how some individuals may sort of view
- 32:03this matter. Question. Okay, we're going to pick that apart.
- 32:07Answer I figured question, but thank you for that answer.
- 32:12You asked for an overview, so I tried to be
- 32:14very he gets interrupted. Yeah, answer general question. That doesn't.
- 32:18That doesn't. The second part of that last prong was
- 32:21why a two year state plea? In other words, you
- 32:24talked about you talked about assessing the case and why
- 32:27resolve it? But why with a two year state plea? Answer? So,
- 32:31my general recollection is my understanding if I was asked,
- 32:35what is the best understanding that I have of why
- 32:38two years? Is that is what would have been obtained
- 32:41in one of the original state charges. Question how do
- 32:44you know that? Answer? We gets cut off question how
- 32:49did you know that? Answer? That's why I say general recollection.
- 32:53I'm reconstructing memories of that twelve years ago. I can
- 32:57speculate that at some point the matter came up and
- 33:00I or someone else said, if you know what would
- 33:03the original what would the original plea have? You know
- 33:06what would the original charges have likely brought? And someone
- 33:09said this amount question? Who would have said that answer?
- 33:13I'm speculating at this point. I don't have a recollection,
- 33:16but that's that's my general understanding question. All right, Well,
- 33:21now unpack some of that question. And by the way,
- 33:25my colleague, we're all in this boat together, so they're
- 33:28going to feel free answer, I know question, to chime
- 33:31in as they see fit. So the first thing going
- 33:35going to the intake of the case, we know from
- 33:37the records that and by the way, we obviously have
- 33:40done a great deal of other investigation and spoken to
- 33:44many people. So redacted brief view and redacted pretty much
- 33:48when the case first came in in the mid two
- 33:50thousand and six, after the FBI, and indeed the office
- 33:53the US Attorney's Office in West Palm Beach had opened
- 33:56the case, but before Epstein was indicted. So this first exhibit,
- 34:00exhibit number one, that you have in your binder before
- 34:02you or in your folder before you, is that email
- 34:05from redacted to you that you just referred to dated
- 34:08July twenty fourth, two thousand and six, in which he's
- 34:11sort of passing on the information that Epstein has by
- 34:14now been arrested, been indicted, arrested and indicted by the state.
- 34:19Do you recall anything about the original briefing from redacted? Answer?
- 34:22I don't. Question, all right, did you know at the
- 34:25time that the time she briefed you, which is prior
- 34:28to Exhibit one? Did you know who Epstein was? Answer?
- 34:32I did not. Question never heard of them to your knowledge?
- 34:35Answer to my knowledge, I don't recall having heard of them.
- 34:39Question and what did you understand at that early point
- 34:42the case to be about? Answer? So I don't recall
- 34:45the briefing, and so I can't give an independent recollection,
- 34:48you know, based on this, I mean, he gets cut off.
- 34:51But you're talking about Exhibit one. Answer based on Exhibit one,
- 34:55you know, I can infer that this would have been
- 34:58my general understanding of the case. And you know, and
- 35:01the key things that I point out here is pre
- 35:04trial diversion, which is code for a jail time and
- 35:07petit policy. The question, but this what exhibit number one
- 35:13does not make it clear to you that this case
- 35:16involved allegations that Jeffrey Epstein had been enticing, coercing, whatever
- 35:20verb you want to use, young underage females. We will
- 35:23for the record call them girls here as opposed to women.
- 35:26And these underage females were being paid to provide him
- 35:29essentially with sex or sexual activity or conduct of a
- 35:33pretty salacious nature. Do you recall that as being essentially
- 35:37what you were briefed on from the beginning? Answer? Again,
- 35:40I don't recall the initial briefing. I take it, based
- 35:43on your review that there was an initial briefing. I
- 35:46can't say the degree of detail. I can't say what
- 35:49it was about. As a typical matter, I wouldn't be
- 35:53briefed when a case comes into the office other than
- 35:55being made aware this is the case, this is what
- 35:58we're looking at. So then if you or your understanding
- 36:02you don't remember the briefing, is it fair to say
- 36:05you did not have some understanding of the case that
- 36:08was the West Palm Beach was pursuing as of mid
- 36:11two thousand and six. Answer. I certainly had an understanding
- 36:15of the general facts of the case early on. I
- 36:17can't speak to whether it was mid two thousand and
- 36:19six verses late two thousand and six versus two thousand
- 36:22and seven. But early on, I certainly had an understanding
- 36:26that it was a case that involved, you know, a
- 36:28billionaire who was doing sordid things with young women or
- 36:31girls who were minors. Question redacted, and the records indicate
- 36:35that her concern in bringing this all the way to
- 36:38you and her first at the time criminal chief but
- 36:42sort of acting first assistant redacted, was because she was
- 36:45afraid of political pressure that might be brought to bear
- 36:48against the US Attorney's office in the case. Do you
- 36:51have any recollection of that being a concern that was
- 36:54laid before you answer? I don't. Again, I don't recall
- 36:57the early that briefing. I've reviewed the email, and I
- 37:01can you know I'd take it. It would have been
- 37:03natural for me to say, should we approach the state
- 37:05attorney because we had lots of ongoing matters with the
- 37:09state attorney, And it seems that Redacted said no, for
- 37:13fear it'll be leaked straight to Epstein, and I assumed
- 37:16i'd let it be at that point. Question, and do
- 37:19you know do you know what he meant by it
- 37:21being leaked to Epstein by the state by Barry Krisher,
- 37:24the state attorney. Answer, So, based on context, what I
- 37:28would assume is that if the state attorney is cutting
- 37:30this kind of deal, and it appears that things have
- 37:33already leaked, because you know, there's clearly an article here
- 37:36with leaked, so something has already leaked. Question are you
- 37:41referring to exhibit one? Answer? Exhibit one? Other things would leak.
- 37:45Question have you ever met Barry Krisher? Answer? Sure? Question
- 37:49what was your relationship with him? Answer? So, there were
- 37:52multiple state attorneys within the district he was. It was
- 37:55a professional relationship question. It was an elected position. Correct answer,
- 38:00It was an elected position question. And what was your
- 38:03assessment of his aggressiveness as a prosecutor and his capabilities?
- 38:07Answer on the public Most of my assessment with him
- 38:13was on the public corruption front, and we had brought
- 38:16several cases, and I was a little disappointed that these
- 38:19were cases he could have brought that he chose not
- 38:21to bring. Question rights, So can I am I accurate
- 38:25in inferring from that you didn't regard him as a
- 38:28particularly hard charging prosecutor. Answer, So with any state attorney,
- 38:33I hesitate to sort of paint a broad brush stroke.
- 38:36I don't think that's always fair. But my experience had
- 38:40been in the public corruption space, and in that space,
- 38:43I did not think whether it was him or whether
- 38:45it was his office, I can't speak, but I did
- 38:48not think they had done as much as they could
- 38:50have done. Question, is there any area in which you
- 38:53thought he in his office did pursue aggressively? Answer? So,
- 38:56as a recall, we had we had emphasized gun crimes
- 38:59quite a bit and really had a lot of success
- 39:03moving the ball in the gun crime space and Palm Beach.
- 39:07But let me let me just say, it's also very
- 39:09difficult to reconstruct time frames. And so I hesitate because
- 39:12I don't know if that was two thousand and six
- 39:15or two thousand and seven. But you asked in another
- 39:17area gets cut off question in this exhibit one, you
- 39:21ask whether it's appropriate appropriate to approach Barry Krisher and
- 39:25give him a heads up as to where the US
- 39:27Attorney's Office might go with the case. Answer correct question.
- 39:31Why would you want to extend that difference to him?
- 39:33Why would it matter? Answer a colleague and law enforcement.
- 39:37I thought it was important for the office to work
- 39:39with with state attorneys as a general matter, and I
- 39:42found that the office worked best when it had good
- 39:45working relationships with state attorneys and with you know, for
- 39:49that matter, the agency sacks and others. But again, you know,
- 39:53rather than my asserting I'm asking redacted and redacted with
- 39:56saying no, and I don't know what the ultimate outcome was,
- 40:00what I would guess that we just deffer and let
- 40:02it be. All right, folks, We're gonna wrap up right here,
- 40:05and in the next episode we're gonna pick up where
- 40:07we left off. All of the information that goes with
- 40:10this episode can be found in the description box.