1 00:00:00,120 --> 00:00:02,799 Speaker 1: What's up, everyone, and welcome to another episode of the 2 00:00:02,839 --> 00:00:06,960 Epstein Chronicles. In this episode, we're going to take a 3 00:00:06,960 --> 00:00:10,400 look at a letter that was sent to the Florida 4 00:00:10,599 --> 00:00:15,439 Assistant US Attorney by Jeffrey Epstein's legal team, and they're 5 00:00:15,480 --> 00:00:19,239 basically bullying the Florida office because they won't play ball 6 00:00:19,359 --> 00:00:23,199 with Epstein's attorneys and give Epstein what he wants. So 7 00:00:23,320 --> 00:00:25,679 once again, it goes to show you that it wasn't 8 00:00:25,719 --> 00:00:29,160 alex Acosta. Now, I know people want to keep blaming him, 9 00:00:29,440 --> 00:00:31,719 and he did play his part. He didn't have the 10 00:00:31,760 --> 00:00:34,759 courage to stand up to these people, But the truth is, 11 00:00:36,039 --> 00:00:40,000 the real decision was made by DOJ Brass. So we're 12 00:00:40,039 --> 00:00:42,600 going to continue to provide those receipts so that all 13 00:00:42,640 --> 00:00:45,840 of you get a full hdview of how it all 14 00:00:45,880 --> 00:00:52,240 went down. So let's dive in response letter to FAUSA 15 00:00:52,399 --> 00:00:56,920 dated May nineteenth, two thousand and eight, and in May nineteenth, 16 00:00:56,920 --> 00:01:00,280 two thousand and eight letter to Jay Lefkwitz SDFL First 17 00:01:00,280 --> 00:01:04,159 Assistant US Attorney redacted, provided what purported to be a 18 00:01:04,159 --> 00:01:07,359 summary of the events that have occurred during the investigation 19 00:01:07,519 --> 00:01:12,400 of mister Epstein. Mister Adacted's letter is fraught with inconsistencies, 20 00:01:12,640 --> 00:01:18,040 false and misleading characterizations, and outright falsehoods. The comparison below 21 00:01:18,239 --> 00:01:21,519 between the false assertion in mister Redacted's letter and what 22 00:01:21,680 --> 00:01:25,439 actually transpired is only the tip of the iceberg. We 23 00:01:25,519 --> 00:01:29,719 respectfully submit that mister Redacted's letter alone demonstrates the degree 24 00:01:29,959 --> 00:01:32,519 to which the record of facts have been distorted, and 25 00:01:32,640 --> 00:01:39,200 these distortions have permeated this unprecedented investigation. Number one independent 26 00:01:39,519 --> 00:01:44,719 and denovo review mister Adacted's letter, we obliged your request 27 00:01:44,760 --> 00:01:48,079 for an independent de novo review of the investigation and 28 00:01:48,159 --> 00:01:51,159 facilitated such a review at the highest levels of the 29 00:01:51,200 --> 00:01:56,480 Department of Justice. The truth CEO's review concluded in May 30 00:01:56,480 --> 00:01:59,480 of two thousand and eight, was neither independent nor denvo. 31 00:02:00,280 --> 00:02:04,439 CEO's review was not independent. Redacted, who conducted the review 32 00:02:04,480 --> 00:02:07,959 on behalf of CEO's, had already reviewed the prosecution memo 33 00:02:08,280 --> 00:02:11,240 on this matter eight months earlier. During a meeting with 34 00:02:11,319 --> 00:02:14,759 defense counsel at the US Attorney's Office in Miami in 35 00:02:14,800 --> 00:02:17,680 September of two thousand and seven, he opined that he 36 00:02:17,719 --> 00:02:23,479 believed the prosecution that he would try the case myself. Indeed, 37 00:02:23,520 --> 00:02:27,319 mister adacted acknowledges that mister adacted had previously opined on 38 00:02:27,319 --> 00:02:31,680 this matter, stating this particular attack on this statute US 39 00:02:31,719 --> 00:02:35,080 Code eighteen, section twenty two forty two B had been 40 00:02:35,080 --> 00:02:39,719 previously raised and thoroughly considered and rejected by CEOs prior 41 00:02:39,800 --> 00:02:43,560 to the execution of the deferred prosecution agreement in September 42 00:02:43,599 --> 00:02:47,639 of two thousand and seven. The statute mister adacted referred 43 00:02:47,680 --> 00:02:50,599 to section twenty four to twenty two B lies at 44 00:02:50,599 --> 00:02:54,520 the heart of the Epstein investigation. Thus, according to mister redacted, 45 00:02:54,800 --> 00:02:58,719 mister adacted was tasked with reviewing his own prior decision 46 00:02:59,080 --> 00:03:03,000 regarding a applying the key statute under which the SDFL 47 00:03:03,240 --> 00:03:08,120 proposed prosecuting mister Epstein. The defense immediately raised concerns regarding 48 00:03:08,360 --> 00:03:12,560 the non independence of the review when told that it 49 00:03:12,599 --> 00:03:15,560 would be mister Redacted tasked with providing the review, but 50 00:03:15,759 --> 00:03:18,639 was told that mister Redacted rendered his prior opinion he 51 00:03:18,759 --> 00:03:22,080 was not really up to speed on the facts. CEO's 52 00:03:22,120 --> 00:03:26,039 review was not the novo. By letter dated May fifteenth, 53 00:03:26,039 --> 00:03:29,080 two thousand and eight, four days before mister Redacted's letter, 54 00:03:29,520 --> 00:03:33,360 mister Adacted advised mister Lefkowitz that CEOs reviewed the matter 55 00:03:33,639 --> 00:03:37,479 only for abuse of discretion. The question we sought to 56 00:03:37,560 --> 00:03:40,960 answer was whether US Attorney Acosta would abuse his discretion 57 00:03:41,280 --> 00:03:47,360 if authorization or if authorized prosecution in the case ce 58 00:03:47,520 --> 00:03:50,240 TAP thirty eight May fifteenth, two thousand and eight letter 59 00:03:50,360 --> 00:03:54,319 from d redacted. Mister Acosta would not be abusing his 60 00:03:54,400 --> 00:03:57,840 discretion if he decided to pursue such a course of action, 61 00:03:58,400 --> 00:04:01,319 and page five, mister Acosta would not be abusing as 62 00:04:01,319 --> 00:04:06,719 prosecutorial discretion should he authorize federal prosecution of mister Epstein. 63 00:04:07,479 --> 00:04:10,240 For the factual record of its abuse of discretion review, 64 00:04:10,560 --> 00:04:14,199 CEOs relied on the very same prosecution memo that it 65 00:04:14,240 --> 00:04:18,240 had already reviewed in rendering its prior opinion, stating, as 66 00:04:18,279 --> 00:04:21,000 you know, our review of this case is limited, both 67 00:04:21,040 --> 00:04:24,120 actually and legally. We have not looked at the entire 68 00:04:24,240 --> 00:04:29,279 universe of facts in the case, nor did CEOs review 69 00:04:29,319 --> 00:04:32,560 any facts related to the irregular provisions in the deferred 70 00:04:32,560 --> 00:04:37,439 prosecution agreement or the numerous complaints of prosecutorial misconduct, both 71 00:04:37,480 --> 00:04:42,560 of which are inextricably intertwined with impropriety of the investigation. 72 00:04:43,199 --> 00:04:49,319 Two Notification of witnesses Mister Adacted's letter, Mister Addacted dismissed 73 00:04:49,360 --> 00:04:52,879 the totality of the defense objections to the appropriate notification 74 00:04:53,279 --> 00:04:56,519 the SDFL proposed to send to its witnesses, stating merely 75 00:04:56,639 --> 00:04:59,720 that you objected to victims being notified of time and 76 00:04:59,759 --> 00:05:05,079 place of Epstein's State Court sentencing hearing. The truth, The 77 00:05:05,120 --> 00:05:09,720 defense engaged in days of negotiation and made fourteen separate 78 00:05:09,759 --> 00:05:14,199 substantative objections to the unprecedented notification letter that mister Adacted 79 00:05:14,279 --> 00:05:17,959 threatened to send to an undisclosed list of victims. The 80 00:05:18,000 --> 00:05:21,680 eventual transmission of this highly misleading letter was only halted 81 00:05:21,720 --> 00:05:26,600 by an appeal to AAG Fisher. Among those substantative objections, 82 00:05:26,720 --> 00:05:29,600 which related to far more than the time and place 83 00:05:29,639 --> 00:05:33,480 of the State sentencing hearing were sending, the letter would 84 00:05:33,480 --> 00:05:37,040 contravene the government's commitment to take no position regarding potential 85 00:05:37,040 --> 00:05:40,759 claims of government witnesses. So let me just stop right here. 86 00:05:40,959 --> 00:05:44,079 And whoever this mister Fisher is, he should be on 87 00:05:44,120 --> 00:05:51,279 the clock, why would he halt the appeal? This letter 88 00:05:51,360 --> 00:05:54,959 cited to an inapplicable statute, the Justice for All Act 89 00:05:55,000 --> 00:05:58,160 in two thousand and four as its justification for being sent. 90 00:06:00,360 --> 00:06:03,360 A USA. Acosta later conceded that the citation to this 91 00:06:03,439 --> 00:06:08,959 statute as a justification was wholly incorrect. The letter wrongly 92 00:06:09,000 --> 00:06:11,920 advised all recipients that mister Epstein would be required to 93 00:06:11,959 --> 00:06:14,839 register as a sexual predator for the remainder of his life. 94 00:06:15,279 --> 00:06:18,639 The letter amounted to an invitation to civil litigation against 95 00:06:18,639 --> 00:06:22,000 mister Epstein, advising recipients that they had the right to 96 00:06:22,040 --> 00:06:26,240 seek civil damages from mister Epstein. In an underlined instruction, 97 00:06:26,399 --> 00:06:29,000 stated that if they chose an attorney other than the 98 00:06:29,000 --> 00:06:31,720 one chosen by the government, they would be required to 99 00:06:31,720 --> 00:06:34,240 pay his fees, but if they chose the government's choice, 100 00:06:34,240 --> 00:06:38,199 mister Epstein would be required to pay the fees. Three 101 00:06:38,399 --> 00:06:43,839 mischaracterization of our arguments Mister adacted's letter. Mister Adapted's letter 102 00:06:43,879 --> 00:06:49,639 misleadingly characterizes our substantative defense of the government's investigation as 103 00:06:49,680 --> 00:06:54,759 the investigation merely produced evidence of relatively innocuous sexual conduct 104 00:06:55,000 --> 00:06:59,399 with some miners who, unbeknownst mister Epstein, misrepresented their ages 105 00:07:00,120 --> 00:07:03,680 the truth. We never made such a claim. To the contrary, 106 00:07:03,720 --> 00:07:06,160 We argue that Swarren's statements we have taken of the 107 00:07:06,199 --> 00:07:10,319 alleged victims demonstrate that law enforcement has presented versions of 108 00:07:10,399 --> 00:07:16,120 their testimony that are necessarily sensationalized and fictionalized. We presented 109 00:07:16,439 --> 00:07:20,959 evidence that mister Epstein routinely and daily received massages from adults. 110 00:07:21,000 --> 00:07:23,480 Only a small percentage of the messuses turned out to 111 00:07:23,480 --> 00:07:26,439 be miners. The majority of those miners interviewed by law 112 00:07:26,519 --> 00:07:29,959 enforcement admitted to lying directly to Epstein about their ages, 113 00:07:30,240 --> 00:07:34,120 not unbeknown to Epstein, and inventing further false details to 114 00:07:34,199 --> 00:07:38,240 substantiate their lies. Indeed, the civil attorney for several of 115 00:07:38,279 --> 00:07:41,560 these women admitted at his recent press conference that they 116 00:07:41,600 --> 00:07:45,279 lied to mister Epstein about their ages. Numerous witnesses testify 117 00:07:45,319 --> 00:07:48,240 that mister Epstein asked that all messuses be over the 118 00:07:48,279 --> 00:07:52,360 age of eighteen. Further, the evidence is undisputed that mister 119 00:07:52,399 --> 00:07:56,199 Epstein's assistant scheduled the massages, and mister Epstein did not 120 00:07:56,680 --> 00:08:00,720 know which messuses his assistance had scheduled on aarticular day 121 00:08:01,000 --> 00:08:03,879 until the massage took place. We admitted that there was 122 00:08:03,920 --> 00:08:07,720 sexual conduct, and argued not that it was innocuous, as 123 00:08:07,800 --> 00:08:11,519 mister redacted alleges, but that it was mostly mister Epstein's 124 00:08:11,560 --> 00:08:15,240 own self pleasuring, which did not satisfy the requisite federal 125 00:08:15,279 --> 00:08:18,600 element of criminal sexual conduct, which in turn defined by 126 00:08:18,600 --> 00:08:22,720 state law. These are important distinctions and show that mister 127 00:08:22,800 --> 00:08:27,319 Redacted has misrepresented the record about the most basic part 128 00:08:27,319 --> 00:08:33,279 of our defense. Four. Redacted's demands an unrealistic deadline to 129 00:08:33,320 --> 00:08:38,360 comply with an agreement he unilaterally modifies mister Adacted's letter. 130 00:08:38,799 --> 00:08:41,679 Unless mister Epstein complies with all of the terms and 131 00:08:41,759 --> 00:08:45,399 conditions of the deferred prosecution Agreement as modified by the 132 00:08:45,519 --> 00:08:48,799 US Attorney December nineteenth, two thousand and seven letter to 133 00:08:48,840 --> 00:08:52,440 miss Sanchez by close of business on Monday, June two 134 00:08:52,440 --> 00:08:56,159 thousand and eight, the SDFL will elect to terminate the agreement. 135 00:08:56,559 --> 00:09:00,519 The truth the deferred prosecution agreement was never mind by 136 00:09:00,559 --> 00:09:05,039 the US Attorney Acosta December nineteenth, two thousand and seven letter. Oddly, 137 00:09:05,200 --> 00:09:08,399 mister Acosta acknowledged this on page four of his May 138 00:09:08,600 --> 00:09:11,759 nineteenth letter, where he writes that mister Acosta proposed this 139 00:09:11,840 --> 00:09:16,600 modification and that mister Lefkowitz rejected these proposals. Thus, mister 140 00:09:16,639 --> 00:09:20,919 Redacted is threatening to terminate the deferred prosecution agreement unless 141 00:09:20,919 --> 00:09:25,399 mister Epstein complies with the unilateral modification that mister Redacted 142 00:09:25,440 --> 00:09:30,919 concedes was never agreed to by defense counsel orchestrating the information, 143 00:09:31,320 --> 00:09:35,240 plea and sentencing requirements of the Deferred Prosecution Agreement within 144 00:09:35,320 --> 00:09:38,639 the extremely limited two week time frame imposed by mister 145 00:09:38,720 --> 00:09:41,960 redacted June second, two thousand and eight deadline would have 146 00:09:42,000 --> 00:09:46,679 been difficult enough. More importantly, as explained below, the SDFL 147 00:09:46,759 --> 00:09:50,480 has refused to provide the defense with information it requires 148 00:09:50,519 --> 00:09:53,639 to enable mister Epstein to comply with the additional plea 149 00:09:53,960 --> 00:09:58,279 and sentencing requirements of the Deferred Prosecution Agreement, let alone 150 00:09:58,399 --> 00:10:02,320 by the June second deadline arbitrarily imposed by mister adacted. 151 00:10:03,440 --> 00:10:07,240 The Deferred Prosecution Agreement requires mister Epstein to plead guilty 152 00:10:07,519 --> 00:10:11,240 to and be sentenced for an additional offense which requires 153 00:10:11,480 --> 00:10:14,960 that he register as a sex offender in different places. 154 00:10:15,200 --> 00:10:17,759 In his May nineteenth, two thousand and eight letter, mister 155 00:10:17,840 --> 00:10:21,799 adacted describe the additional charge to which mister Epstein required 156 00:10:21,799 --> 00:10:25,919 to plead guilty under the Deferred Prosecution Agreement as procurement 157 00:10:25,960 --> 00:10:30,039 of miners to engage in prostitution or solicitation of miners 158 00:10:30,159 --> 00:10:33,720 to engage in prostitution. The former is an offense for 159 00:10:33,759 --> 00:10:37,200 which mister Epstein would be required to register, but one 160 00:10:37,279 --> 00:10:40,080 for which the state is no evidence to charge mister Epstein, 161 00:10:40,399 --> 00:10:44,120 and the SDFL refuses or is unable to provide evidence 162 00:10:44,120 --> 00:10:47,720 that it claims it has. The latter requires no registration, 163 00:10:48,320 --> 00:10:51,039 but it is the offense which over and over again 164 00:10:51,559 --> 00:10:56,679 Misredacted insisted upon including in the deferred prosecution agreement and 165 00:10:56,720 --> 00:11:01,120 in one which the State believes is appropriate. The inconsistency 166 00:11:01,159 --> 00:11:04,360 between the description of the offense required by the SDFL 167 00:11:04,600 --> 00:11:07,639 and the elements of an offense that can be justified 168 00:11:07,679 --> 00:11:11,360 on the facts of this case, and the sdfl's requirement 169 00:11:11,399 --> 00:11:15,639 that the offense be a registrable one has created substantial confusion. 170 00:11:16,919 --> 00:11:19,279 As a result of this confusion, in December of two 171 00:11:19,320 --> 00:11:22,399 thousand and seven, both the defense and the State requested 172 00:11:22,440 --> 00:11:26,080 that the SDFL provide the factual allegations to enable mister 173 00:11:26,120 --> 00:11:30,240 Epstein and the State to create a truthful, factual recitation 174 00:11:30,840 --> 00:11:34,960 of a registrable offense required by the deferred prosecution agreement, 175 00:11:35,200 --> 00:11:38,360 but to date the SDFL has failed to do so. 176 00:11:38,679 --> 00:11:44,080 Without any explanation, Mister adacted refuses to provide the requested 177 00:11:44,120 --> 00:11:48,399 factual allegations, which the state cannot furnish, and now demands 178 00:11:48,399 --> 00:11:51,919 a two week deadline to comply. Thus, mister adacted has 179 00:11:52,000 --> 00:11:55,679 unreasonably imposed a deadline with which he himself has made 180 00:11:55,879 --> 00:12:01,559 it impossible for mister Epstein to comply. Waiver of appeal 181 00:12:01,639 --> 00:12:05,759 to assist in Attorney General Fisher. Mister Redacted's letter, the 182 00:12:05,799 --> 00:12:09,000 SDFL provided you with thirty days to appeal the decision 183 00:12:09,240 --> 00:12:12,600 to the Assistant Attorney General of the United States, Alice Fisher, 184 00:12:13,039 --> 00:12:15,159 and you chose to fore go on appeal to aag 185 00:12:15,360 --> 00:12:20,320 Fisher the truth Mister Acosta told in August seventeenth deadline, 186 00:12:20,639 --> 00:12:23,799 acknowledging that there were serious issues about the case that 187 00:12:23,919 --> 00:12:26,519 needed to be discussed, and scheduled a meeting with the 188 00:12:26,559 --> 00:12:30,240 defense four September seventh, two thousand and seven. At the 189 00:12:30,279 --> 00:12:34,200 September seventh, two thousand and seven meeting with redacted in attendance, 190 00:12:34,240 --> 00:12:38,200 the government dismissed the defense objections and said as September 191 00:12:38,279 --> 00:12:41,639 twenty first, two thousand and seven, deadline to finalize a 192 00:12:41,679 --> 00:12:45,440 non prosecution agreement or the defense would face and already 193 00:12:45,480 --> 00:12:50,000 drafted fifty two page indictment purportedly identifying forty miners with 194 00:12:50,080 --> 00:12:52,799 a guideline range of one hundred and eighty eight months 195 00:12:54,120 --> 00:12:58,960 facing misredacted threatened draconian indictment without the claimed offer of 196 00:12:59,000 --> 00:13:02,200 the right to raise objection in an appeal to aag fisher, 197 00:13:02,480 --> 00:13:06,039 the defense chose to negotiate an agreement to defer prosecution 198 00:13:06,200 --> 00:13:10,039 to the state, an agreement without precedent and fraud with 199 00:13:10,159 --> 00:13:14,879 substantial practical and legal hurdles to its implementation. All right, 200 00:13:14,919 --> 00:13:16,720 we're going to wrap up right here, folks, and in 201 00:13:16,799 --> 00:13:19,399 the next episode, we're going to finish this bad boy off. 202 00:13:20,000 --> 00:13:22,440 All of the information that goes with this episode can 203 00:13:22,480 --> 00:13:25,679 be found in the description box. What's up, everyone, and 204 00:13:25,799 --> 00:13:30,080 welcome to another episode of the Epstein Chronicles. In this episode, 205 00:13:30,080 --> 00:13:31,960 we're going to pick up where we left off with 206 00:13:32,080 --> 00:13:37,960 a letter from Epstein's legal team slamming the DOJ Number six. 207 00:13:38,720 --> 00:13:42,440 The SDFL did not defer to the state Redacted's letter, 208 00:13:42,679 --> 00:13:46,200 the SDFL indicated a willingness to defer to the state 209 00:13:46,720 --> 00:13:51,399 the length of incarceration. The truth the SDFL neither deferred 210 00:13:51,399 --> 00:13:53,840 to the state nor even discussed with the state the 211 00:13:53,919 --> 00:13:57,159 length of mister Epstein's incarceration. In a letter to the 212 00:13:57,200 --> 00:14:01,720 defense Criminal Division, Chief redacted for rejected the sentence contemplated 213 00:14:01,759 --> 00:14:04,759 by the state's plea agreement writing that the federal interest 214 00:14:04,960 --> 00:14:07,399 will not be vindicated in the absence of a two 215 00:14:07,440 --> 00:14:11,799 year term of state imprisonment see Tab. Forty, August third, 216 00:14:11,960 --> 00:14:15,240 two thousand and seven, email from redacted. Of course, this 217 00:14:15,320 --> 00:14:19,600 position is contrary to section nine two three to one 218 00:14:19,679 --> 00:14:22,960 D of the US Attorney's Manual, indicating that the result 219 00:14:23,039 --> 00:14:26,000 of the state prosecution is presumed that have vindicated the 220 00:14:26,000 --> 00:14:31,039 federal interest. It is understandable, therefore, that mister redacted might 221 00:14:31,080 --> 00:14:34,039 want to retreat from it now. Indeed, the final deferred 222 00:14:34,039 --> 00:14:38,360 Prosecution Agreement restricts the state court judge from exercising any 223 00:14:38,440 --> 00:14:42,559 of his rightful discretion, and to specifically prohibit the judge 224 00:14:42,559 --> 00:14:46,679 from offering probation, community control, or any other alternative in 225 00:14:46,759 --> 00:14:52,799 lieu of incarceration. Seven suggestion of additional state plea Mister 226 00:14:53,159 --> 00:14:57,120 Redacted's letter the parties considered as suggested by the defense, 227 00:14:57,360 --> 00:15:01,279 of plea to state charges encompassing Epstein's conduct ce tab 228 00:15:01,320 --> 00:15:04,360 I May nineteenth, two thousand and eight, letter from redacted, 229 00:15:04,440 --> 00:15:07,840 Page two. The truth It was the government and not 230 00:15:07,919 --> 00:15:10,720 the defense, that suggested a plea to state charges to 231 00:15:10,799 --> 00:15:16,120 resolve the federal investigation. Rected proposed declining prosecution in favor 232 00:15:16,159 --> 00:15:18,919 of the state. Although mister Epstein in the State Attorney's 233 00:15:18,919 --> 00:15:21,720 office had already reached the plea agreement in August of 234 00:15:21,799 --> 00:15:26,480 two thousand and seven, mister adacted and Ausa Redacted warned 235 00:15:26,480 --> 00:15:30,279 that they intended to prosecute Epstein federally unless his counsel ie, 236 00:15:30,480 --> 00:15:33,840 not the U S Attorney's Office, sought more stringent conditions 237 00:15:34,960 --> 00:15:38,759 to the state's proposed plea agreement. These stringent conditions included, 238 00:15:39,000 --> 00:15:41,960 among other things, the two year prison term demanded by 239 00:15:42,039 --> 00:15:46,600 mister adacted and to charge requiring him to register as 240 00:15:46,639 --> 00:15:51,120 a sex offender Number eight. All identified victims will be 241 00:15:51,159 --> 00:15:53,559 put in the same position as if Epstein had been 242 00:15:53,600 --> 00:15:57,440 tried mister Adacted's letter, the agreement provides for a method 243 00:15:57,480 --> 00:16:00,480 of compensation for the victims such that they would be 244 00:16:00,559 --> 00:16:03,120 placed in the same position as if Epstein had been 245 00:16:03,159 --> 00:16:06,720 convicted of one of the enumerated offenses set forth in 246 00:16:06,759 --> 00:16:10,200 Title eighteen US Code, Section twenty two to fifty five. 247 00:16:11,519 --> 00:16:16,639 The truth mister addactid continues to mischaracterize the highly irregular 248 00:16:16,679 --> 00:16:21,000 provision of the deferred prosecution agreement. The SDFL did not 249 00:16:21,120 --> 00:16:25,080 merely attempt to preserve the compensation rights of those it 250 00:16:25,159 --> 00:16:28,799 identified as victims. It attempted to create compensation rights for 251 00:16:28,879 --> 00:16:32,440 those it identified without imposing on them the burden of 252 00:16:32,480 --> 00:16:36,080 providing or proving that they were in fact victims under 253 00:16:36,080 --> 00:16:40,600 section twenty two to fifty five. In the deferredive Prosecution agreement, 254 00:16:40,639 --> 00:16:43,720 the SDFL required mister Epstein to waive the right to 255 00:16:43,759 --> 00:16:47,399 contest liability under US Code eighteen, section twenty two to 256 00:16:47,440 --> 00:16:51,000 fifty five as to a list of individuals that the 257 00:16:51,039 --> 00:16:54,559 SDFL would not disclose to mister Epstein until after he 258 00:16:54,720 --> 00:16:57,840 was sentenced, and to pay for an attorney to secure 259 00:16:57,879 --> 00:17:02,639 compensation under section twenty two fifty five for those undisclosed individuals, 260 00:17:02,799 --> 00:17:06,519 or if they decided to ssue mister Epstein. Section twenty 261 00:17:06,559 --> 00:17:09,559 two to fifty five ordinarily provides individuals with a right 262 00:17:09,640 --> 00:17:13,160 to recover minimum guaranteed damages of one hundred and fifty 263 00:17:13,200 --> 00:17:17,240 thousand without having to prove actual damages only if one 264 00:17:17,440 --> 00:17:21,440 they were victims of an enumerated federal offense, including offenses 265 00:17:21,920 --> 00:17:25,039 under US Code eighteen, section twenty four to twenty two 266 00:17:25,400 --> 00:17:27,599 and twenty four to twenty three to two. There were 267 00:17:27,640 --> 00:17:31,240 miners at the time of the offense, and most importantly, three, 268 00:17:31,559 --> 00:17:34,279 they were personally injured as a result of the offense. 269 00:17:35,279 --> 00:17:38,519 The defense is confirmed examples of women who testified that 270 00:17:38,559 --> 00:17:41,319 they were not victims of mister Epstein and suffered no 271 00:17:41,440 --> 00:17:45,039 personal injury. These women were nevertheless on the list of 272 00:17:45,119 --> 00:17:48,880 victims identified by the government. In fact, when confronted with 273 00:17:48,960 --> 00:17:51,680 testimony of a woman who denied both being a victim 274 00:17:51,880 --> 00:17:56,440 and incurring personal injury, mister addacted actually acknowledged such testimony 275 00:17:56,880 --> 00:18:00,519 to justify inclusion of that woman on the government's list. However, 276 00:18:00,960 --> 00:18:05,799 misredacted then challenged her own witness's credibility. For this reason, 277 00:18:06,119 --> 00:18:09,519 it is false to state that these identified individuals are 278 00:18:09,759 --> 00:18:12,039 in the same position that they would have been had 279 00:18:12,079 --> 00:18:15,359 Epstein been convicted at trial. Had there been a trial, 280 00:18:15,440 --> 00:18:17,799 mister Epstein would have had the right to confront these 281 00:18:17,839 --> 00:18:22,319 individuals through cross examination. Any individual that did not establish 282 00:18:22,480 --> 00:18:25,680 that she was a minor victim of conduct that satisfied 283 00:18:25,720 --> 00:18:29,480 each element of an enumerated statute under section twenty two 284 00:18:29,480 --> 00:18:32,680 to fifty five, or that she suffered personal injury, would 285 00:18:32,720 --> 00:18:35,720 not qualify for any treatment under section twenty two to 286 00:18:35,759 --> 00:18:41,000 fifty five. However, under the deferred prosecution agreement, as an 287 00:18:41,039 --> 00:18:44,880 identified individual on the government's list. The same individual would 288 00:18:44,920 --> 00:18:47,839 nevertheless be entitled to engage an attorney paid for by 289 00:18:47,920 --> 00:18:51,400 mister Epstein to recover one hundred and fifty thousand dollars 290 00:18:51,440 --> 00:18:55,359 of damages from mister Epstein under section twenty two to 291 00:18:55,359 --> 00:18:59,000 fifty five without ever alleging any injury. In fact, the 292 00:18:59,039 --> 00:19:02,640 defense was told that the only question mister Epstein would 293 00:19:02,640 --> 00:19:05,200 be permitted to ask before paying the girls is have 294 00:19:05,279 --> 00:19:09,039 you ever met mister Epstein. Thus, the deferred prosecution agreement 295 00:19:09,240 --> 00:19:12,920 places identified individuals in a far better position than they 296 00:19:12,960 --> 00:19:16,960 would be if mister Epstein were convicted at trial nine. 297 00:19:17,640 --> 00:19:22,279 Assignment of right to select legal representation Mister Redacted's letter. 298 00:19:22,720 --> 00:19:26,480 Prior to any issues arising concerning the implementation of the 299 00:19:26,599 --> 00:19:30,599 twenty to twenty five provision, the SDFL unilaterally agreed to 300 00:19:30,640 --> 00:19:34,880 assign its responsibility to select the attorney representative for the 301 00:19:34,880 --> 00:19:39,440 alleged victims to an independent third party. The truth that 302 00:19:39,559 --> 00:19:43,559 such an assignment was sdfl's unilateral decision is false. Before 303 00:19:43,599 --> 00:19:47,480 the SDFL decided to assign selection of the attorney representative 304 00:19:47,720 --> 00:19:52,079 to an independent third party, Ausa Redacted had already proposed 305 00:19:52,119 --> 00:19:56,799 an attorney representative she had proposed a local products liability lawyer, 306 00:19:57,079 --> 00:20:01,200 Umberto Oquerries, and claimed that he had been recommended by 307 00:20:01,200 --> 00:20:05,599 a good friend in the appellate division. Misredacted's account was misleading, 308 00:20:06,240 --> 00:20:08,759 as it omitted that this good friend was her living 309 00:20:08,839 --> 00:20:12,319 boyfriend and that mister Okerriz was his former law school roommate. 310 00:20:12,880 --> 00:20:16,880 When we discovered this independently, we objected. Only then did 311 00:20:16,880 --> 00:20:20,759 the SDFL propose assigning the selection process to an independent 312 00:20:20,799 --> 00:20:26,000 special master and agreed to amend the deferred prosecution agreement. Thus, 313 00:20:26,200 --> 00:20:29,079 while it may be true that the SDFL assigned its 314 00:20:29,079 --> 00:20:33,440 selection responsibly to avoid the appearance of favoritism, it did 315 00:20:33,480 --> 00:20:37,160 not do it unilaterally, but rather only after Epstein uncovered 316 00:20:37,200 --> 00:20:42,279 the office misleading disclosure and apparent conflict of interest. Ten 317 00:20:42,599 --> 00:20:47,559 timetable for moving forward mister Adacted's letter on February twenty eighth, 318 00:20:47,559 --> 00:20:50,279 two thousand and eight, I sent you an email setting 319 00:20:50,319 --> 00:20:52,880 forth a timetable for moving forward in the event that 320 00:20:52,960 --> 00:20:56,400 CEOs disagreed with your position, and that time is now. 321 00:20:56,960 --> 00:21:00,839 The truth mister adacted provides only part of the history 322 00:21:00,839 --> 00:21:03,880 of the case. In order to justify his improper actions, 323 00:21:04,279 --> 00:21:07,880 he had stated he would close the investigation if CEOs 324 00:21:07,920 --> 00:21:12,119 told him to. However, CEOs, at our first contact, said 325 00:21:12,119 --> 00:21:15,640 that under no circumstances did they see that as their role. 326 00:21:16,000 --> 00:21:19,240 They said they would only advise on an abuse of 327 00:21:19,319 --> 00:21:23,559 discretion standard, making the outcome a foregone conclusion. Furthermore, in 328 00:21:23,599 --> 00:21:26,640 response to the February twenty fifth email, which attempted to 329 00:21:26,759 --> 00:21:30,160 establish a schedule to limit the entire review process, the 330 00:21:30,200 --> 00:21:34,599 defense has repeatedly suggested that the misconduct was intertwined with 331 00:21:34,720 --> 00:21:39,480 the investigation and would therefore seek higher review. Mister Leftquit's 332 00:21:39,519 --> 00:21:43,359 email mister Acosta directly on February twenty ninth, two thousand 333 00:21:43,359 --> 00:21:46,759 and eight, Mister redacted responded to mister left Quit's email 334 00:21:47,039 --> 00:21:50,599 to mister Acosta, stating that mister redacted was acting out 335 00:21:50,640 --> 00:21:53,920 of frustration. But please be assured that it has not, 336 00:21:54,200 --> 00:21:57,039 and never has been this office intent to interfere or 337 00:21:57,079 --> 00:22:00,920 restrict the review process for either mister Epstein or cs. 338 00:22:01,920 --> 00:22:04,759 I leave it to you and CEOs to figure out 339 00:22:04,759 --> 00:22:07,920 how best to proceed and will await the results of 340 00:22:07,960 --> 00:22:12,000 that process. As stated above, CEOs determined that it would 341 00:22:12,039 --> 00:22:15,720 not review any of the defense's objections, and as to 342 00:22:15,799 --> 00:22:19,359 the remainder of those objections its review would be limited, 343 00:22:19,960 --> 00:22:24,799 contrary to mister Acosta's assurances, which left the need supplemented 344 00:22:25,079 --> 00:22:28,119 by the defense subsequent request for a more thorough review 345 00:22:28,359 --> 00:22:31,319 of critical issues by others at the Department of Justice. 346 00:22:31,920 --> 00:22:37,000 Mister adacted reimposition of the all bit modestly extended timetable 347 00:22:37,400 --> 00:22:40,039 was an obvious attempt in violation of his February twenty 348 00:22:40,119 --> 00:22:43,519 ninth agreement to thwart the request made by the defense 349 00:22:43,720 --> 00:22:47,079 to the Deputy Attorney General to complete the review process 350 00:22:47,119 --> 00:22:53,119 that mister Acosta had promised. Number eleven Delay mister Adacted's letter, 351 00:22:53,400 --> 00:22:56,599 in a section entitled delay, Mister Adacted states that the 352 00:22:56,640 --> 00:23:00,720 SDFL again agreed to accommodate Epstein's request to appear in 353 00:23:00,759 --> 00:23:04,240 state court for plea and sentencing on January fourth, two 354 00:23:04,279 --> 00:23:08,599 thousand and eight the truth. Curiously, mister redacted fails to 355 00:23:08,640 --> 00:23:12,240 mention correspondence from the US Attorney stating that delay of 356 00:23:12,240 --> 00:23:15,480 that date would be inevitable as the defense's raise serious 357 00:23:15,559 --> 00:23:19,880 questions about the propriety of the prosecution. Strikingly, in that 358 00:23:19,920 --> 00:23:23,440 same section, mister adacted claims that the agreement did not 359 00:23:23,599 --> 00:23:28,079 contemplate a staggered plea deal and sentencing, despite quoting three 360 00:23:28,119 --> 00:23:32,680 sentences earlier from the agreement staggered requirement that Epstein plead 361 00:23:33,039 --> 00:23:36,240 and be sentenced by October twenty six, and begin serving 362 00:23:36,240 --> 00:23:39,680 that sentence no later than January fourth, two thousand and eight. 363 00:23:41,279 --> 00:23:45,319 We are, like most attorneys, seeking department review without access 364 00:23:45,359 --> 00:23:49,400 to the USAO prosecution summaries or other submissions to the department. 365 00:23:50,000 --> 00:23:52,319 Given the substantial issues that have been raised in this 366 00:23:52,680 --> 00:23:56,319 and other submissions, we request that you conduct a denovo 367 00:23:56,440 --> 00:23:59,599 review that goes beneath the face of any conclusions being 368 00:23:59,680 --> 00:24:04,279 advert by the USAO. Instead, we seek a review that 369 00:24:04,400 --> 00:24:07,960 is based on the transcripts of witness testimony themselves, so 370 00:24:08,000 --> 00:24:11,559 that the reviewer can make an independent decision not adversely 371 00:24:11,559 --> 00:24:15,680 affected by conclusions that over and over have proven witness 372 00:24:15,720 --> 00:24:20,079 by witness, allegation by allegation to be inaccurate and unwarranted, 373 00:24:21,000 --> 00:24:25,000 and not an appropriate basis for the exercise of federal 374 00:24:25,039 --> 00:24:30,359 prosecutorial authority. And this letter was not signed by anybody, 375 00:24:30,599 --> 00:24:33,319 but it was sent by Kirk lan Ellis and Jay Lefkowitz. 376 00:24:34,400 --> 00:24:38,440 So as you can see, the battle for Jeffrey Epstein's 377 00:24:38,440 --> 00:24:42,279 plea deal was so contentious that it's not even funny, 378 00:24:43,079 --> 00:24:45,599 and I think that people have only begun to peel 379 00:24:45,640 --> 00:24:48,960 back the layers of just how nefarious the whole entire 380 00:24:49,000 --> 00:24:52,440 thing was. So we're going to continue looking at these 381 00:24:52,559 --> 00:24:56,759 unsealed letters, especially when it comes to this back and 382 00:24:56,799 --> 00:25:00,200 forth between the Department of Justice and Epstein's legal team, 383 00:25:00,480 --> 00:25:03,119 because I think that gives us quite a window into 384 00:25:03,160 --> 00:25:05,240 what was going on in real time, and it also 385 00:25:05,359 --> 00:25:07,160 provides a lot of context for a lot of the 386 00:25:07,240 --> 00:25:10,480 issues that we've talked about, but we didn't have all 387 00:25:10,519 --> 00:25:14,160 the information. But now all those ducks are getting put 388 00:25:14,200 --> 00:25:17,319 in a row, and I think it's rather obvious that 389 00:25:17,359 --> 00:25:21,480 the fix has been in from the very beginning. All 390 00:25:21,519 --> 00:25:23,880 of the information that goes with this episode can be 391 00:25:23,920 --> 00:25:25,799 found in the description box.