1
00:00:00,320 --> 00:00:03,319
Speaker 1: What's up, everyone, and welcome to another episode of the

2
00:00:03,359 --> 00:00:06,960
Epstein Chronicles. As I continue to make my way through

3
00:00:07,000 --> 00:00:10,720
some of these unsealed files, it's very very interesting how

4
00:00:10,800 --> 00:00:15,240
much we find about the NPA. And in this episode,

5
00:00:15,240 --> 00:00:16,839
we're going to take a look at a letter that

6
00:00:16,920 --> 00:00:20,399
was sent by Ken Starr to Mark Phillip. And for

7
00:00:20,440 --> 00:00:24,480
whatever reason, Mark Phillips's name is redacted. Now you all

8
00:00:24,519 --> 00:00:26,719
know who that is, considering he was the one who

9
00:00:26,839 --> 00:00:31,519
signed off on the Epstein NPA. So in this episode,

10
00:00:31,679 --> 00:00:34,640
we're going to dive right back into the conversation that's

11
00:00:34,719 --> 00:00:38,840
taking place between Ken Starr and Jeffrey Epstein's legal team

12
00:00:39,119 --> 00:00:42,399
and the Deputy Attorney General at the time, Mark Phillip.

13
00:00:43,799 --> 00:00:47,119
Dear mister redacted, we know what that means. I again

14
00:00:47,200 --> 00:00:49,880
want to thank you for this opportunity to explain why

15
00:00:49,920 --> 00:00:53,799
we believe that a federal prosecution of Jeffrey Epstein is unwarranted.

16
00:00:54,359 --> 00:00:57,920
I appreciate your having informed us that you already have

17
00:00:58,159 --> 00:01:01,640
our May nineteenth and May twinwenty seventh communication to the

18
00:01:01,640 --> 00:01:05,280
Deputy Attorney General, as well as our prior written submissions

19
00:01:05,400 --> 00:01:09,120
to CEOs and the Southern District of Florida in light

20
00:01:09,159 --> 00:01:12,079
of the significant volume of our prior submissions, and to

21
00:01:12,159 --> 00:01:16,439
facilitate your review, we have drafted for supplemental submissions that

22
00:01:16,519 --> 00:01:19,439
will provide a roadmap for your investigation of this matter.

23
00:01:19,920 --> 00:01:23,400
Given the bulk of these documents and their appended supporting attachments,

24
00:01:23,640 --> 00:01:26,920
you will receive this packet by messenger tomorrow. A brief

25
00:01:26,920 --> 00:01:30,439
description of each of the four submissions follows. First, I

26
00:01:30,439 --> 00:01:34,319
have included assisting summary of the facts, law, and policy

27
00:01:34,359 --> 00:01:38,280
issues at hand. This document sets forth basic overview of

28
00:01:38,319 --> 00:01:42,200
the issues and summarizes our principal contentions as to why

29
00:01:42,239 --> 00:01:46,200
federal prosecution of this matter is neither appropriate nor warranted.

30
00:01:47,599 --> 00:01:51,000
The three other submissions include a summary of the irregularities

31
00:01:51,079 --> 00:01:54,760
and misconduct that occurred during the federal investigation, a letter

32
00:01:54,959 --> 00:01:59,719
from former CEO's attorney redacted that responds to CEO's assessment

33
00:02:00,040 --> 00:02:03,239
of its limited review of mister Epstein's case, and a

34
00:02:03,319 --> 00:02:06,599
point by point rebuttal to the first Assistant United States

35
00:02:06,599 --> 00:02:11,439
Attorney Redacted's recent letter, which we believe contains factual inaccuracies

36
00:02:11,479 --> 00:02:15,240
typical of our correspondence from the United States Attorney's Office

37
00:02:15,560 --> 00:02:18,439
in Miami. So what they're doing here is complaining about

38
00:02:18,479 --> 00:02:21,439
alex Acosta. Keep that in mind when everybody tells you

39
00:02:21,479 --> 00:02:25,319
that alex Acosta is the one responsible here, I've told

40
00:02:25,360 --> 00:02:31,360
you from the jump bro is a fall guy. Also,

41
00:02:31,479 --> 00:02:34,199
for your reference, the package you receive tomorrow will contain

42
00:02:34,240 --> 00:02:37,879
a binder including all documentation to which we refer in

43
00:02:38,039 --> 00:02:42,120
our submissions. Finally, we'll be providing a detailed checklist of

44
00:02:42,199 --> 00:02:46,599
each submission or a substantative communication to the USAO. Our

45
00:02:46,680 --> 00:02:50,080
intention is that you have copies of each such document

46
00:02:50,280 --> 00:02:53,599
to enhance your review. If there are any that you

47
00:02:53,719 --> 00:02:58,439
have not received from the USAO or CEOs, please advise

48
00:02:58,520 --> 00:03:01,680
and we will fed XM to U without delay. As

49
00:03:01,719 --> 00:03:04,400
you are likely aware of, the department's prior review of

50
00:03:04,439 --> 00:03:07,840
this matter was incomplete and by its own admission not

51
00:03:08,120 --> 00:03:12,680
Denovo May fifteenth, two thousand and eight letter from a

52
00:03:12,879 --> 00:03:17,360
Osterbon without considering the non prosecution agreement that left this

53
00:03:17,520 --> 00:03:20,000
matter to be resolved in the state, or any of

54
00:03:20,039 --> 00:03:24,240
the misconduct. CEO's reviewers, tasked with reviewing some of their

55
00:03:24,280 --> 00:03:28,400
own previously expressed opinions, assessed only whether the US attorney

56
00:03:28,680 --> 00:03:32,400
would abuse his discretion if you pursued the case. While

57
00:03:32,439 --> 00:03:36,680
we appreciate CEO's willingness to examine these limited issues. Its

58
00:03:36,719 --> 00:03:39,680
conclusion that a prosecution would not be an abuse of

59
00:03:39,719 --> 00:03:45,240
discretion rings particularly hollow in light of CEOs admirably candid

60
00:03:45,319 --> 00:03:49,080
concessions that we have raised compelling objections, and that a

61
00:03:49,159 --> 00:03:54,639
prosecution on these facts would require novel applications of federal law. Indeed,

62
00:03:54,960 --> 00:03:58,400
even a brief review of CEO's own mission statement reveals

63
00:03:58,400 --> 00:04:01,280
how in opposite of federal prosit secution is to the

64
00:04:01,319 --> 00:04:05,120
facts in this case. Importantly, we note that CEO's review

65
00:04:05,240 --> 00:04:08,960
was conducted prior to the Supreme Court's very recent decision

66
00:04:09,159 --> 00:04:13,639
in Santos and Cuelar, which we believe illuminating as they do.

67
00:04:13,759 --> 00:04:17,680
The Court's interpretive methodology when it comes to federal criminal law,

68
00:04:18,079 --> 00:04:24,160
powerfully demonstrates the substantative vulnerability of the usao's unprecedented employment

69
00:04:24,480 --> 00:04:28,879
of three federal laws. The office's interpretation would never pass

70
00:04:28,959 --> 00:04:32,360
muster under the Supreme Court's recent pronouncements and should not

71
00:04:32,399 --> 00:04:36,279
be countenanced. That is all the more true under the

72
00:04:36,480 --> 00:04:39,720
circumstances where the duly appointed US Attorney O pine that

73
00:04:40,079 --> 00:04:44,759
in effect, the unitary executive branch was driving this prosecution.

74
00:04:45,319 --> 00:04:49,439
We now know that is not. So. What I respectfully request,

75
00:04:49,600 --> 00:04:51,800
and what I hope you will provide, is a truly

76
00:04:51,920 --> 00:04:55,800
de novo review that is an independent assessment of whether

77
00:04:55,879 --> 00:04:59,920
federal prosecution of mister Epstein is both necessary and warranted

78
00:05:00,160 --> 00:05:04,079
view of the legal and evidentiary hurdles that have been identified,

79
00:05:04,480 --> 00:05:07,399
the existence of a state felony plea and sentence that

80
00:05:07,439 --> 00:05:11,079
have been advocated by the state Attorney for Palm Beach County,

81
00:05:11,560 --> 00:05:15,519
and many issues of prosecutorial misconduct and over zealousness that

82
00:05:15,600 --> 00:05:19,600
had permeated the investigation. I also request that you provide

83
00:05:19,680 --> 00:05:22,480
us with the opportunity during your review to meet with

84
00:05:22,519 --> 00:05:25,199
you in person, to answer any questions you may have,

85
00:05:25,720 --> 00:05:29,480
and to elucidate some of the issues in our submission.

86
00:05:30,759 --> 00:05:34,040
We believe that an independent review will confirm our strong

87
00:05:34,120 --> 00:05:37,439
belief that federal prosecutors would be required to stretch the

88
00:05:37,439 --> 00:05:41,120
plain meaning of each element of the enumerated statutes, and

89
00:05:41,160 --> 00:05:44,279
then to combine these distorted elements in a tenuous chain

90
00:05:44,720 --> 00:05:48,199
in order to convict mister Epstein. Indeed, just this week,

91
00:05:49,240 --> 00:05:51,839
and after two years of federal involvement in this matter,

92
00:05:52,279 --> 00:05:56,759
assist in United States Attorney redacted reinitiated the Federal grand

93
00:05:56,839 --> 00:06:02,000
jury investigation indirect contravention of the party's non prosecution agreement,

94
00:06:02,240 --> 00:06:05,120
and issued yet another subpoena seeking evidence in the case.

95
00:06:06,959 --> 00:06:12,160
In the subpoena, Ausa Redacted directs redacted to appear on

96
00:06:12,319 --> 00:06:14,600
July one, two thousand and eight, to give testimony and

97
00:06:14,639 --> 00:06:19,959
produce documents to FJJ zero seven DASH one zero three,

98
00:06:20,079 --> 00:06:23,839
West Palm Beach. The attachment to the subpoena seeks documents

99
00:06:23,879 --> 00:06:28,439
such as photographs, emails, telephone billing information, and contact information

100
00:06:28,839 --> 00:06:32,240
that relate to mister Epstein, as well as specific other

101
00:06:32,319 --> 00:06:36,519
people who received protection from federal prosecution as a result

102
00:06:36,720 --> 00:06:39,959
of mister Epstein having entered into the September twenty fourth,

103
00:06:39,959 --> 00:06:45,120
two thousand and seven non prosecution agreement with the USAO. Notably,

104
00:06:45,160 --> 00:06:49,839
the non prosecution agreement contains the following agreed conditions. Further,

105
00:06:49,959 --> 00:06:52,839
upon execution of this agreement and a plea agreement with

106
00:06:52,879 --> 00:06:56,439
the State Attorney's Office, the federal grand jury investigation will

107
00:06:56,480 --> 00:07:00,199
be suspended and all pending federal grand jury subpoenas will

108
00:07:00,199 --> 00:07:03,600
be held in abeyance unless and until the defendant violates

109
00:07:03,639 --> 00:07:08,040
any terms of the agreement. The defendant likewise agrees to

110
00:07:08,079 --> 00:07:11,319
withdraw his pending motion to intervene and to quash certain

111
00:07:11,360 --> 00:07:16,720
grand jury subpoenas. It also guarantees that the person identified

112
00:07:17,079 --> 00:07:19,839
in the grand jury subpoenas such as redacted and Redacted

113
00:07:20,040 --> 00:07:23,720
and Redacted and others, will not be prosecuted. The new

114
00:07:23,759 --> 00:07:27,920
grand jury subpoena clearly violates the non prosecution agreement. Although

115
00:07:27,920 --> 00:07:31,160
mister Epstein has exercised his rights to appeal to the

116
00:07:31,199 --> 00:07:34,319
Department of Justice with the full consent and knowledge of

117
00:07:34,319 --> 00:07:38,560
the USAO, he has not breached the agreement. The recommencing

118
00:07:38,680 --> 00:07:41,920
of the grand jury is in violation of the agreement.

119
00:07:42,600 --> 00:07:46,319
But further, the new investigation, which features wide ranging fishing

120
00:07:46,399 --> 00:07:50,319
expedition type to search in New York, does not satisfy

121
00:07:50,680 --> 00:07:53,839
the very essential elements of federal statutes that are lacking.

122
00:07:54,120 --> 00:07:58,240
Despite the intensity of an over two year investigation in

123
00:07:58,319 --> 00:08:03,079
the Palm Beach area and evidence of Internet learning inducement

124
00:08:03,199 --> 00:08:06,959
while using the phone travel for the purpose fraud or coercion,

125
00:08:07,360 --> 00:08:10,560
the subject of the New York investigation is as lacking

126
00:08:10,600 --> 00:08:13,399
in the essential basis for a converting a state case

127
00:08:13,399 --> 00:08:16,519
into a federal case, as is the remainder of the

128
00:08:16,560 --> 00:08:19,800
Florida investigation. The reaching out to New York to fill

129
00:08:19,839 --> 00:08:23,000
the void emanating from the failures of the Florida investigation

130
00:08:23,399 --> 00:08:28,360
compellingly demonstrates the misuse of federal resources in an overzealous,

131
00:08:28,519 --> 00:08:32,759
over personalized, selective, and an extraordinary attempt to expand federal

132
00:08:32,879 --> 00:08:36,039
law to where it is never gone. This last ditch

133
00:08:36,039 --> 00:08:40,799
attempt by misredacted reinforces our belief that the USAO does

134
00:08:40,840 --> 00:08:44,879
not have facts that, without distortion, would justify a prosecution

135
00:08:45,360 --> 00:08:49,519
of mister Epstein. In view of the prosecutions often verbalized

136
00:08:49,519 --> 00:08:52,840
desire to punish mister Epstein, we believe that the prosecution

137
00:08:52,960 --> 00:08:58,039
summary suffers from critical inaccuracies and aggregates the expected testimonial

138
00:08:58,039 --> 00:09:02,159
witnesses so as to reach the conclusion of guilt. Our

139
00:09:02,240 --> 00:09:05,919
contention is reinforced by the fact that key prosecution witness

140
00:09:06,200 --> 00:09:10,440
have provided evidence and testimony that directly undermines the prosecutions

141
00:09:10,600 --> 00:09:14,679
misleading and inaccurate summary of the case. Indeed, we now

142
00:09:14,720 --> 00:09:18,600
have received statements from three of the principal accusers redacted

143
00:09:18,759 --> 00:09:22,399
through a state criminal deposition, redacted through a federal FBI

144
00:09:22,840 --> 00:09:26,679
USAO sworn and transcribed interview, and redacted through a defense

145
00:09:26,759 --> 00:09:31,679
generated sworn transcribed interview each of these witnesses categorically denies

146
00:09:31,960 --> 00:09:35,039
each essential element that the prosecution will have to prove

147
00:09:35,519 --> 00:09:39,080
in order to convert this quintessential state law case into

148
00:09:39,120 --> 00:09:43,120
a federal matter. It thus is especially troubling that the

149
00:09:43,200 --> 00:09:46,960
USAO has not provided US with the transcript of misredacted

150
00:09:47,039 --> 00:09:50,960
federal interview, nor the substance of the interviews with misredacted

151
00:09:51,279 --> 00:09:55,440
or a misredacted, nor any information generated by interviews with

152
00:09:55,519 --> 00:09:59,360
any of the approximately forty alleged witnesses that the prosecution

153
00:09:59,519 --> 00:10:04,679
claims it has identified. Because the information provided by these

154
00:10:04,720 --> 00:10:07,440
women goes directly to the question of mister Epstein's guilt

155
00:10:07,519 --> 00:10:11,600
or innocence, it is classic Brady information. We understand that

156
00:10:11,639 --> 00:10:14,759
the US Attorney might not want to disclose impeachment information

157
00:10:15,600 --> 00:10:19,080
about their witnesses prior to a charge or during plea negotiations,

158
00:10:19,399 --> 00:10:22,879
but we firmly believe that when the government possesses information

159
00:10:23,440 --> 00:10:26,399
that goes directly to the target's factual guilt or innocence,

160
00:10:26,840 --> 00:10:31,240
the target should be informed about such heartland exculpatory evidence.

161
00:10:32,240 --> 00:10:36,080
Most importantly, aside from whether the Department believes Brady obligates

162
00:10:36,120 --> 00:10:39,720
disclosure to a target of a federal investigation prior to

163
00:10:39,759 --> 00:10:43,759
the target's formal accusation. No such limit should apply to

164
00:10:43,799 --> 00:10:47,360
a department review. Accordingly, we request that you go beneath

165
00:10:47,399 --> 00:10:49,960
the face of any summary provided to you by the

166
00:10:50,080 --> 00:10:54,720
USAO and instead review the actual witness transcripts and FBI

167
00:10:54,799 --> 00:10:56,960
three zero two s, which are essential for you to

168
00:10:56,960 --> 00:11:00,240
be able to make a truly independent assessment of the

169
00:11:00,440 --> 00:11:06,080
strength and wisdom of any federal prosecution. After careful consideration

170
00:11:06,159 --> 00:11:08,240
of the record, and as much as it pains me

171
00:11:08,279 --> 00:11:11,600
to say this, I simply do not believe federal prosecutors

172
00:11:11,840 --> 00:11:14,440
would have been involved at all in this matter if

173
00:11:14,480 --> 00:11:18,360
not for mister Epstein's personal wealth and publicity reported ties

174
00:11:18,720 --> 00:11:22,840
to former President Bill Clinton. A simple Internet search on

175
00:11:22,879 --> 00:11:26,320
mister Epstein reveals articles and news stories about the former

176
00:11:26,360 --> 00:11:32,000
President's personal relationship with mister Epstein, explaining and including multi

177
00:11:32,080 --> 00:11:36,480
page stories in New York Magazine and Vanity Fair. Mister Epstein,

178
00:11:36,559 --> 00:11:39,080
in fact, only came to public's attention a few years

179
00:11:39,120 --> 00:11:42,440
ago when he and former President traveled for a week

180
00:11:42,440 --> 00:11:46,279
to Africa using mister Epstein's airplane, a trip that received

181
00:11:46,279 --> 00:11:49,440
a great deal of press coverage. I cannot imagine that

182
00:11:49,480 --> 00:11:53,279
the USAO ever would have contemplated a prosecution in this

183
00:11:53,440 --> 00:11:57,840
case if mister Epstein lacked this type of notoriety. So

184
00:11:57,879 --> 00:11:59,960
you see what's happening here right First it was Built

185
00:12:00,000 --> 00:12:03,440
Clinton who was the enabler, the protector. Then it moved

186
00:12:03,440 --> 00:12:06,720
on to other people. Donald Trump's one of them. But

187
00:12:06,799 --> 00:12:09,120
for anybody out there that thinks that Bill Clinton never

188
00:12:09,159 --> 00:12:11,720
played a huge part, you're crazy, man. He sure did,

189
00:12:13,000 --> 00:12:14,559
and it was at the time when all of this

190
00:12:14,759 --> 00:12:18,600
was live. So that's something that definitely deserves more discussion.

191
00:12:20,840 --> 00:12:25,000
That belief has been reinforced by the significant prosecutorial impropriety

192
00:12:25,240 --> 00:12:27,960
and the misconduct throughout the course of this matter. While

193
00:12:27,960 --> 00:12:31,600
we describe the majority of these irregularities in another submission,

194
00:12:31,919 --> 00:12:36,799
two instances are particularly troubling. First, the USAO authorized the

195
00:12:36,799 --> 00:12:40,519
public disclosure of specific details of the open investigation to

196
00:12:40,559 --> 00:12:44,519
the New York Times, including descriptions of the prosecution's theory

197
00:12:44,519 --> 00:12:47,720
of the case and specific terms of a plea negotiation

198
00:12:48,000 --> 00:12:52,679
between the parties. Second, Ausa attempted to enrich friends and

199
00:12:52,759 --> 00:12:58,039
close acquaintances by bringing them business in connection with the matter. Specifically,

200
00:12:58,080 --> 00:13:01,039
she attempted to appoint a close per personal friend of

201
00:13:01,080 --> 00:13:04,600
her living boyfriend to serve as an attorney representative for

202
00:13:04,679 --> 00:13:08,799
the women involved in the case. It also bears mentioning

203
00:13:08,840 --> 00:13:13,600
that actions taken by Fausa Redacted present an appearance of

204
00:13:13,639 --> 00:13:17,759
impropriety that gives us cause for concern. Mister Adacted's former

205
00:13:17,840 --> 00:13:21,000
law partner is currently pursuing a handful of fifty million

206
00:13:21,000 --> 00:13:24,279
dollar lawsuits against mister Epstein by some of the mess

207
00:13:25,120 --> 00:13:29,159
messuses imagine. Finally, as you know, mister Epstein and the

208
00:13:29,240 --> 00:13:33,080
USAO entered into an agreement that deferred prosecution to the state.

209
00:13:33,799 --> 00:13:36,480
In this regard, I simply note that the manner in

210
00:13:36,519 --> 00:13:40,840
which this agreement was negotiated contrasts sharply with mister Redacted's

211
00:13:40,840 --> 00:13:45,200
current representation that the SDFL indicated a willingness to defer

212
00:13:45,279 --> 00:13:49,600
to the state the length of incarceration. This statement is

213
00:13:49,639 --> 00:13:54,279
simply not true. Contrary to mister Adacted's assertion, federal prosecutors

214
00:13:54,320 --> 00:13:57,559
refused to accept what the state believed to be appropriate

215
00:13:57,919 --> 00:14:01,519
as to mister Epstein's sentence, and instead insisted that mister

216
00:14:01,559 --> 00:14:04,960
Epstein be required to serve a two year term of imprisonment,

217
00:14:05,159 --> 00:14:08,960
which they later decreased two eighteen months plus one year

218
00:14:09,000 --> 00:14:13,279
of house arrested. Federal prosecutors have not only involved themselves

219
00:14:13,279 --> 00:14:16,240
in what is quintessentially a state matter, but their actions

220
00:14:16,440 --> 00:14:19,799
have caused a critical appearance of impropriety that raises doubt

221
00:14:20,039 --> 00:14:23,879
as to their motivation for investigating and prosecuting mister Epstein

222
00:14:24,080 --> 00:14:27,639
in the first place. At bottom, we appreciate your willingness

223
00:14:27,639 --> 00:14:30,799
to review the matter with a fresh and independence out

224
00:14:30,840 --> 00:14:34,519
of eyes. To facilitate your review, I once again request

225
00:14:34,559 --> 00:14:38,200
the opportunity to make an oral presentation to supplement our

226
00:14:38,240 --> 00:14:42,639
written submissions, and we will promptly respond to inquiries you

227
00:14:42,720 --> 00:14:49,399
may have. Yours sincerely, Kenneth W. Starr CC, Deputy Attorney

228
00:14:49,399 --> 00:14:53,440
General redacted. But we all know what that means, Mark Philippe,

229
00:14:54,440 --> 00:14:57,200
all right, folks, well there it is just another example

230
00:14:57,879 --> 00:15:00,840
of how Jeffrey Epstein's team went a of the head

231
00:15:00,879 --> 00:15:03,960
of alex Acosta and went to Main Justice. And if

232
00:15:03,960 --> 00:15:05,480
we want to get to the bottom of all of this,

233
00:15:06,039 --> 00:15:08,799
that's the part of the story that needs to be exposed.

234
00:15:10,240 --> 00:15:13,039
All of the information that goes with this episode can

235
00:15:13,080 --> 00:15:15,080
be found in the description box