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What's up everyone and welcome to another episode of the Epstein Chronicles. In this episode
we're going to dive right back in to the Alex Acosta interview with the OIG inspectors.
Question, okay the victim you mentioned the victims coming into state court and you talked
about all the victims coming into state court. Do you have any idea what victims formed the basis
for the original charge that he was indicted on? Do you know whether it was one? Was it a felony
assault of a non-minor? Answer, uh-huh, question. It could have been. It was three instances to
felonize it. You don't know whether it was one person three times or three people. Answer,
I do not question and you don't know whether that person was a minor or not. Answer, I do not.
Question, all right. Answer, I would assume they were, but I do not. Question likewise,
do you know who was the victim or who the victims were? Who formed the basis for the 796.03 charge
to which Epstein ultimately pled in June of 2008? Answer, I did not at the time. I've read various
accounts of that, but that's based on matters that I've read and not an independent recollection.
Question, and what's your understanding? Answer, my understanding is that there is some,
that there is at least some issue in the media over whether the right or the best victims were
chosen from the prosecution's perspective. Question, and do you know, was there any indication
of who the victims were? Do you know who the victims were? Who were the subject of the state
charges? Answer, which particular names? No, I do not. Question, right. I'm not asking you other
than names. I just want to know if you know who they are or how many there were. Answer, I do not.
Question, right. It could be one right for this for the solicitation. It could be one conceivably.
Both the charges could relate to one victim. Answer, right. So those matters were very much a part
of the negotiation that redacted and to some extent, Andy were involved in.
Question, what makes you think that your people were negotiating which victims would form
the basis? Answer, fair point. Fair point. Answer, fair point. I withdraw. They may not have.
I don't know. I don't know how in the weeds and how much our folks as a federal system sort of
interacted with the state in terms of what punishment? There is at least some discussion in the media
regarding whether the punishment was a function of the victims and registration, and I can't speak
to that. Question, all right. Are you aware just as a point of interest that the public record of
the proceeding in the state court related to Epstein or utterly silent as to who or how many
victims form the basis of the charges to which he played? Answer, no, I was not aware. Question,
okay. So this idea of many victims coming forth in state court and so on or not is not it's not
really in play. All right. So you have a two year two years has been a two year state deal has
been announced by the team. Answer, yeah. Question with your knowledge and approval, right?
Because he wouldn't do it otherwise. Is that right? Answer, fair question, though at least one
was surprised. Do you know what drove the timing of the plea offer? In other words, why did it have
to be made at that point? Answer, I do not question. Okay, you know that redacted submitted his
resignation on the 23rd of July. Answer, I saw that in the documents question in the documents
and he submitted that to you among others. Answer, yeah. Question HR people. Well, when there was a
July 31st meeting at which the term sheet was presented, this document 15 is the term sheet
that was presented. As redacted indicated in her September 6 cover note. And you said you
approved it. You happen to be copied and forwarded this. Answer, let me, let me be accurate.
I approve these terms, whether it was this specific term sheet or another, another document that
might have been earlier that looked highly similar to this. My recollection is approving, you know,
approving a resolution that had him pleading to certain state counts that had a binding to your
plus recommendation. And that provided for 22.55 restitution. Question, but you don't know if it
was this sheet of paper. Answer, I can't say 12 years after the fact whether it was a specific
sheet or others. I based on the fact that this was in in the email, I think it's safe to assume,
to assume that it was this, but it's possible that there was a slight difference. Question,
alright, in fact, this is the same document with a couple of additional bullets that had to do
with the date of the entry of the plea is what was prepared by a redacted honor about the 31st
on or before the 31st of July. And this document has indicated here, along with the attached
guidelines, calculation is what was provided to the folks who met on the 31st of July.
So on the 31st of July, it was redacted, left court, redacted Sanchez, and the purpose of the
meeting with Sloan, mental, Laurie, and redacted as well, as the case agents, was to present the
plea offer. And did you get briefed on how that plea offer went? Answer, I don't recall being
briefed, but in the regular course I would have been. Question, alright, and at that meeting,
there was an expression of concern by the defense team that Epstein wanted to avoid being incarcerated
in the state system because of concerns for his physical safety. And that concern was accommodated
to the extent that the U.S. Attorney's Office team agreed to explore federal resolution. How does
that square with your decision that a state plea is how this case was going to be decided? Answer,
so I think that I indicated later that it's a little bit more fluid than a decision here or a
decision, you know, than binary situations. My recollection is we were very focused on this
man should go to jail and this man should register. The two-year plea to the state charges seem
reasonable and seemed a way to go. We can't agree or disagree, reasonable in terms, not in terms of
what the most just outcome, but seem like a disposition that we would agree to. But ultimately,
the focus was on getting him to jail and if that meant exploring a 371, it's at least worth
exploring. And so I don't think that it was inconsistent because the focus really was on,
he needs to go to jail. Question, okay, in this case, the pushback resulted in the agreement to
explore a federal plea was because Epstein was afraid to be in prison. Why would the U.S. Attorney's
Office accommodate that? And here we're getting to, we're beginning to talk about, a major point
of criticism of the whole process and the outcome, and that is that it appeared that the U.S. Attorney's
Office was bending over backward to accommodate the concerns of Jeffrey Epstein. And in this case,
he was uncomfortable going to federal or state prison, but all child-sex predators who go to prison
are going to face some challenges, right? Answer, right. And I remember along the way, a heavy push
that he'd be incarcerated at his home under some kind of home confinement. And my reaction to that
was no way. Question, right? Answer. And okay, and you don't like prison, but that doesn't mean
you get to be incarcerated at your house, which is interesting because subsequently. And so
he gets cut off. Question because subsequently, what? You might as well finish. Answer well
because subsequently, the way that the state executed the terms of incarceration were not what I would
have expected. And so again, the focus from my perspective is he needs to go to jail.
If the team agreed to explore it, you know, the 371 was on the table to the extent he had been
I'm speculating now. This is not to make the record clear. Question, okay, thank you. Answer,
I'm speculating not recalling. I can speculate a 371 with the two-year rule 11 had been discussed
based on the contemporaneous record. And so to the extent it had already been discussed,
even if it was not the direction we were taking, would it have been unusual for folks in the room
to say, well, look, we discussed that. Let's go back. You know, let's see where it goes.
I can't fault to the extent it had been discussed. I can't fault anyone for saying let's go back
and look at it. I think that's distinguishable. At least from subsequent, he gets cut off.
Question, all right. At that point, the defense was given two weeks to take it or leave it.
And if not, you would indict. And there were several occasions when that kind of
ultimatum was made. Did that mean given all your concerns about barriers to what you would
consider a successful federal prosecution? Was that a bluff? Answer, no. Question, it was not.
Answer, it was not. Question, you were at some level, at least prepared to approve the
presentation of the presentment of the indictment answer. We should not have gone forward with these
negotiations. If we weren't ready to question, all right, answer to approve, whether in this form
or a different form and indictment. And I say that because it was very much a draft indictment
that hadn't been reviewed fully by the chain, but it wasn't a bluff. Well, by the time it had been
reviewed, it had there had there been some efforts to begin revising. Answer, yeah, question,
it wasn't finalized. Answer, yeah, some efforts to begin question exactly. Okay, looking at 11 AM,
this is a letter that redacted drafted the sort of actually respond to a counteroffer by the
defense. The counteroffer is presented in exhibit 10b, which is a letter from redacted Sanchez,
which we don't need to go into into detail, because as you've already pointed out essentially,
it was home confinement. And you know, very soft, very soft, landing counteroffer. In 11 AM,
redacted, tweaks redacted letter, you're copied on this and the date is August 2nd, Thursday,
and he notes that he hadn't discussed it in detail with you, but he wanted to, and he hope
that tomorrow, Friday the 3rd, he'd have a chance to. And what's notable here is that there are
strong language that the office believes that the federal interest would not be vindicated in the
absence of a two-year term of state imprisonment for Mr. Epstein. That offer was not meant
as a starting point for negotiation. It was the minimum term of imprisonment that will
obviate the need for federal prosecution. Answer your on paragraph 2. Question 1.
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Question it's the first long paragraph. And then he also states that you in the last paragraph
the US Attorney, US Attorney Acosta has asked me to communicate that the two-year term of incarceration
is non-negotiable answer yes question that's pretty firm that's a line in concrete that is
setting right answer right question and 11b is the letter as it actually went out the next day answer
and it's got the same language question it's identical it has the same language it has one
typo corrected this is redacted the last day in the office answer yes question and he's got after
that do you think that this was and or the appropriate timing to extend this offer or to set this
as the minimum offer or was it something that you would have liked to have seen more fully developed
in negotiations with defense counsel answer I'm sorry I don't understand your question when you say
more fully developed question well you have two years would further consideration have led the US
attorney's office to decide that well maybe the two years is too much of a giveaway we should stick
with a five year federal plan answer yeah so I can't speculate this far after the fact whether
waiting an additional time period and further discussion would have changed things I can tell you how
we came up with it that's a lot of speculation question would you say that redacted was as the
criminal chief was essentially the driver of the resolution presented in this letter answer I
can't again you're asking me to speak on something from 12 years ago I can't speak to it I was
aware of multiple prongs I approved it if we had you know if at some point if your question is if
at some point there had been a let sit down and reconsider meeting would we have gone in a different
direction perhaps but I can't 12 years after the facts speculate as to what may have happened
if something had happened question all right answer that's just a lot of hypotheticals question
understood the question though is whether Matt mental who was the author of this who first raised it
with Lily Sanchez in an informal discussion and who presented it to the US attorney's office team
was this really is baby answer I can he gets cut off question approved by you answer I can't I don't
remember who I talked to about what and so it wouldn't be fair for me you know I can't single out
any one person as having a greater or lesser role question well you were not the architect of this
right you approved it as you've described it answer no I haven't said I wasn't the architect what
I said is I don't recall answer I recall approving it yeah you know I think what I'm trying to convey
is these discussions are a bit more fluid than I think any one single architect you've got multiple
lawyers they interact on a daily basis they talk back and forth to sort of put it in an OPR context
there is probably not going to be a single author of the report you're all going to go back and
forth and there might be someone that maybe there is a single author who knows but I think it's
difficult to say that there's a single person and ultimately I was US attorney so I approved it
question to your knowledge did anyone in the chain of that five person chain or anyone else
disagree with that offer answer to my knowledge I think redacted at some time may have felt
uncomfortable but whether there was explicit disagreement or not I don't recall in terms of my
management chain I don't recall any disagreement question that you were aware of answer that I was
aware of I recall discussions so for example redacted might say I might proceed with a 371 with a
two year cap under rule 11 but then we move in this other direction and I don't recall anyone saying
let's take a time out let's reconsider question all right answer and let me just clarify I think
at various points in the case and it's hard it's hard to sort of single out the timeline Mr.
redacted was supportive or maybe I wish we'd go in a different direction and that sort of went
in and out a little bit question on her part answer yes all right folks we're going to wrap up
right here and in the next episode we're going to pick up where we left off all of the information
that goes with this episode can be found in the description box what's up everyone and welcome
to another episode of the Epstein Chronicles in this episode we're going to pick up where we left
off with Alex the Costa's interview with the OIG inspectors question let me ask you this
haven't reached the decision that you approved that this was the offer and the term sheet or the
terms having that decision made would you have expected the line USA to frustrate that or to not
abide by that since it was your decision answer no with a caveat that if at any point someone
felt truly uncomfortable I would expect them to come and talk to me about it question and can
you recall any instance in which an a USA align a USA came and talked to you about a disposition
that he or she was uncomfortable with answer yes so I'll give you an example I don't recall who
before you ask me but there was this a USA who was new to the office who impressed the hell out of
me I'm sorry that's not the appropriate language who impressed me significantly he had inherited a
case and it was a fraud case and the bigger players had been charged and he was basically given
a lesser player to basically just finish up on right it was a done deal the person was ready to
plead to some minor account no gel time and he felt comfortable with it and went to a supervisor
and then ultimately came up to me and I had a discussion with this person about it and it ended up
with my telling them to go back and call the defense council and tell them we were dropping the case
which for a new a USA in the office is pretty gutsy and unusual but if this person really felt that
this lesser player wasn't deserving then that was the right thing to do and so I don't think that
the person was not punished for it if anything you know I recounted that story to others
question okay a question shifting gears a little bit about us code 18 22.55
answer yes okay question not to be confused with 28 us code section 2255 which every prosecutor
is familiar with so whose idea was that it's a civil provision a civil it's not restitution
it's damages it's damages recovery provision in the criminal code answer right question
who came up with that answer I can't speak to who came up with that question okay answer I can
speak to the reasoning behind it question your reasoning or the proponents reasoning answer
my recollection of the reasoning as to why we thought it was important question and the importance
was to provide a mechanism for recovery of damages answer yeah I mean the victims bad situation
and we and here is well go on question all right answer I might circle back on something question
so is it fair to say that's a fairly had ever heard of it before had you come across it before
answer I don't know but I don't think so question okay so is it fair to say it was novel to the
office to you and to the team answer I don't think it's fair to say that it's novel to the office
question well do you recall whether anybody in the team had experience with US code 18 section
22.55 in a criminal case answer I don't have a recollection of any discussion as to whether people
had experience with this or not question did you believe that any legal research was needed
or should be undertaken to ensure that the procedure was in fact legally sound when embedded
as it was in this case in a criminal plea answer so I would have expected to the extent that
there were concerns again we had an incredibly experienced between the various individuals on my
management team we probably had 50 years plus of criminal experience I would have expected to
the extent of their concern for those concerns to be raised question did you raise any such
concerns about it or did it seem to make sense to you answer from my perspective I don't know if
it was at the time or subsequent to it reading it and it seemed it seemed to make sense question
okay after it acted as letter went out on the 3rd of august you almost immediately it appears
you received a telephone call from Kirkland and Ellis is that correct answer I don't recall
it independently but that's what the record shows question alright and that's reflected in exhibit 12
do you remember who called you answer I do not question do you recall it apparently was from the
context of this exhibit 12 and caption Epstein question it appears that the call is related to
correct answer correct again I don't remember the phone call but from the email I accept that it
happened question so what had been your knowledge and relationship with Ken star of Kirkland Ellis
up to this point answer so I had been an associate at Kirkland I think I indicated that it was from
94 to 90 what was it was a 96 or 97 question couple of years answer for a couple of years I worked
on at least one case that I recall with them I was the junior associate on merits brief that he
argued he at the time was also special counsel and so he wasn't in the office nearly as much because
he was double hitting as special counsel and partner question alright and what about redacted answer
so redacted was a partner at the time I don't recall working with them on any particular case
although I think I work with them on at least a matter he was on my hallway he had an outside
office I had the typical inside office answer had you had any interaction any contact with them
in the intervening years socially or professionally answer off and on I was in Washington you know
Ken star was in Washington I think redacted had moved to New York but then came back to
Washington to be in the administration and he was in the policy office and we may have not have
may have we likely interacted question and while you were here at the criminal at civil rights
division answer correct question alright were you friends were you professional acquaintances
were you what how would you characterize that answer we were professional acquaintance that had
worked together several years ago that continued to interact question is that true as to the two
of them answer I mean it's hard to characterize these things I think it's fair to say question
did Ken star know who you were answer yes question and obviously redacted as well answer yes question
okay so what was your reaction to being contacted by them by their firm them presumably one of them
perhaps answer so I don't know who called based on the email I can infer that it was one of them
question mm-hmm answer and you know I think my reaction is captured by not the email but
by Jeff's comment I don't have a clear recollection but I'm going to speculate and
fur that I heard they were being brought onto the case and I probably walk down to Jeff's office
and said hey Kirkland is coming onto the case I bet you I bet they're going to come on to try and
take this thing to DC and then I get a phone call and you know I tell Matt who tells Jeff and you
know I didn't know maybe Kirkland made a call to you're right unbelievable and then I say they're
likely to go to DC we should strategize a bit my concerns behind that are we'll DC look at this
as sort of a legally troubled going back to the earlier points that I made about the policy
issues around the trafficking issues up here in DC and I really do think he should go to jail
and so I want to strategize a bit question so did you have a concern about the fact that you
that the defense team was sort of appealing you to the big house answer I think based on this
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h a v a dot com code news and jeff is saying you were right unbelievable where i in some way
shape or form predicted that something would someone would be hired or something would happen
to take this all up to dc question and had you had experience with other cases other instances
in which defense team went to dc while you were at the u.s attorney's office while you were
the u.s attorney answer yes question was that a concern to you answer it wasn't a concern
it was how do we address this so that we can back our position and our office question did you
have concerns about the disposition that was underway about main justice scrutiny of the npa scheme
answer so i had no concerns about main justice scrutiny of the npa scheme in fact i invited
drew to come down and he was part of the meeting where we discussed the npa and so i say that
because if i had concerns i wouldn't have invited him if anything my concern was is main justice
on board or are we going to basically be told to drop this case when it goes up to main justice
question in your email to redacted when slum is on vacation you say that you make reference
to a process fell that the attorneys in the defense team want to go to dc on the case on the grounds
of a process fell that i have not met with them and you expressed concern that it would delay
matters is that what led you to agree to meet with the defense team on the 7th of september
answer it is my concern was if they came up to dc and the first talking about was the u.c.
u.s attorney didn't even agree to meet with us that's not the best foot to start with when
you're having your case reviewed question so what was your understanding of what the purpose
of the meeting on september 7th was supposed to be answer they wanted to argue they being defense
counsel wanted to argue why we should not pursue the case question and in this case it was star
and left quits from Kirkland Ellis and the lian sanchez i believe who met with you answer fair
i remember it was star and left quits i don't know if it was lian question all right and our
information is it was you drew austrabon sloman redacted and john mcmillan
do you know john mcmillan answer vaguely question all right he was an a us a as well answer right
question correct and was pond beach answer right and if i could just add again
i invited drew so drew became fully aware of that and my concern in getting drew into the meeting
was to not have them appeal us and then having drew say not a good case question all right so
were you aware that drew austrabon had an preparation for this gone to west pond beach
and actually gone through the evidence and met with the case agent and the line a us a answer i
was not drew is an independent actor and could do yeah what he thought was appropriate question
does that seem like an appropriate thing for him to have done in your eyes answer sure question
okay would you describe the meeting oh and to other people who were there again a sack val parlov
and junior rt's the ssa so the meeting i think was in west pond beach answer yes question
so what do you recall about the meeting the dynamics who spoke had it go down answer i recall
there was a lot of people i think mr star spoke most of the time my recollection as best as i
can you know with the caveat i thought redacted was there and clearly wasn't so presented several
arguments i then either left the room with my team or i think i most likely asked them to leave the
room i then went around to gets interrupted asked who to leave the room the defense i then went
around the table i said does anyone have any concerns or something to that effect and then hearing
i asked them to come back in and i reaffirmed the position of the office question in other words
you sort of decided you ruled from the bench as it were fair enough answer fair enough question
okay you didn't take under advisement you gave them what your position was right then in there
answer that's my recollection i don't know if you have information country question okay answer
that's my recollection question okay so is it fair to say it was more of a presentation on the
part again star and decide rather than a debate or a discussion answer i think that's fair to say
i may have asked a question or two but my recollection was not a negotiation but let's hear you out
question and so we understand it was mainly a federalism presentation as opposed to evidence
is this accurate answer i believe that's accurate yes question and in your letter to
can start dated the letter is actually not dated but we know that it was sent on the 4th of
December of 2007 and it's in this package you noted which exhibit mr. Gonzalez s 34 question
thank you exhibit 34 you note on page four i'm sorry page five you refer to a federalism argument
and you say that after considering the arguments and conferring with the FBI and drew
austrabon you decided to proceed with the indictment but that would delay presentation of the
indictment to allow the defense to appeal to dc does that mean that you didn't find federalism
arguments sufficiently persuasive to you to change your position answer yes with the position
defined as some concern but if we need to if we don't come to a resolution based on the sheet
then we indict all right folks we're going to wrap up right here and in the next episode
dealing with the topic we're going to pick up where we left off all of the information that goes
with this episode can be found in the description box what's up everyone and welcome to another
episode of the Epstein Chronicles in this episode we're going to dive right back in to the
Alex Acosta interview with the olig inspectors question i'm sorry when you say some concern some
concern about the federalism argument answer yeah going back to what we talked about with respect
to the earlier conversation about solicitation versus trafficking and the federal nexus but back in
july we had decided that we would be going forward and that either there is this pre indictment
resolution or we go forward with an indictment the September meeting did not alter or shift our
position question even though you had some federalism concerns of your own they didn't
rise to a sufficiently high level answer so their request was to drop the matter and going back
again understood there is a legal risk there is witness risk all of these if we can get a pre
indictment resolution good if not the indictment was not a bluff it was real question so i mean
can stars of course well known answer right question he was listed in general you know etc etc
did you find his arguments well set forth impressive answer so you're asking for something that's
12 years old if i had to characterize by the time this meeting took place there had been a fair
amount of thought around these there had been a fair amount and at least i felt comfortable that while
there was some legal risk we needed you've got a balanced legal risk and the precedent risk
outcome and mr. Epstein should go to jail and should register and i felt comfortable enough to
basically reiterate our position that question but my question with respect was did you enjoy the
joy the give and take with a man of mr. star standing answer no question no not at all answer no
not at all because it would have been easier to not have the meeting in the first place
question all right do you recall an exchange where you the person to whom he was directing most
of his comments answer most likely question and you recall any exchange with him about the fact that
sort of an observation that the two of you and he were the only two people in the room who had been
presidentially nominated and senate confirmed to any position so that the two of you had that kind
of commonality does that ring a bell answer was he trying to butter me up question was he
i mean was he answer look this was 12 years ago i don't recall you know i think as we talk about
this it's important to note that the position did not change whatever exchange we may have had
our position did not change question right after this meeting within a few days and furtherance
of the resolution that had been offered redacted and redacted Lori met with the state attorney's
office to sit down and try to work out how this thing would work and mind you this was before
well before the NPA is actually formulated did you learn what happened at that meeting do you know
how it evolved answer i may have i don't recall you know sitting here today question all right
it's at this meeting that somehow the three charges that you specified your office specified
in the term sheet became one so suddenly Epstein was to plead only to one charge and this was
agreed to by the u.s attorney's office folks who were there do you know how or why that happened
answer i haven't the slightest idea question if you had known if they had called you on the phone
sort of the mid trial call to the boss asking what you wanted them to do what would you have said
answer so from my perspective you know when i indicated i approved this term sheet this is the
minimum i met what i said i also recognized that a us a's in the usual courts need some degree
of discretion to negotiate and so my assumption after that September meeting i think indicated
that there was a deadline that was fairly short and that redacted and redacted and some working
together would go back and work out an agreement based on those terms and you know in the give
and take if they think that this is an important concession that's within their discretion
but i would have been comfortable with sticking with the charge sheet with something that drove me
is when when i said something as a general matter i didn't bluff i really meant what i said
question so in that term sheet i mean to be fair that mental letters says is two years answer
right question is the minimum if the decision to agree to let them plead to one as opposed to all
three had no impact on that two years would you have cared answer fair enough and so going back to
where you know to an earlier discussion can i get another red bull going back to an earlier
discussion i think i indicated that the charges the state charges i wasn't familiar with
and so if in the given take those charges changed my focus was on two years registration
and restitution as long as those charges were captured the conduct in some appropriate way
questions so later rather much later the defense counsel admitted that at this meeting they thought
that under misinformation from the state attorney's office that the charge that they got the
u.s attorney's office or somehow the u.s attorney's office approved the seven ninety three seven
ninety six dot o three charge was not sex offender registrable and that's a pretty major mistake
right i mean it goes right to the heart of it to one of your major concerns answer and they tried
to get us to change that and i said no question the defense tried to get you off sex offender
registration answer pretty vigorously question right but at this point the focus is on the charge
and the defense is one might characterize it as trying to pull a fast one by agreeing whole
heartedly to plead the one charge knowing or at least believing incorrectly that it was not
registrable and the u.s attorney's office not having that belief but thinking it was registrable
so there's a disconnect there is error and the error stems as they later learned from the
ASA herself so as we look at that and wonder whether that shouldn't have raised some concern
that this plan to put things back in the hands of the state which had kind of mishandled the case
to begin with was at this point even a good idea because they were continually well i won't
characterize it but less than reliable is that a fair comment or a concern answer so one question
i would have is at well point did we become aware that there had been first the error was in our
favor not the defense's favor because redacted got it right as opposed to the ASA question correct
answer and secondly at well point did our team become aware of them trying to pull a fast one
was it before or after the signing of the NPA question it was well after answer right question
but the point here is that the u.s attorney's office folks were not familiar with the state
procedure the state criminal procedure and the ins and outs of the sentencing and incarceration
as you learn later so didn't this put the u.s attorney's office side at a substantial disadvantage
in trying to play in the sandbox in which both defense local defense counsel and the ASA's were
very comfortable answer possibly although i would point out that it was the a USA who got it right
question eventually answer not eventually the a USA was correcting her analysis so in this case
she was more familiar than the state attorneys you ain't heard about moto casino moto has real
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question not by practice but by research answer by research so my point is we had good people
that were able to if they weren't familiar with something the research clearly worked question but
it took as you saw in the process of dealing with the work release and all of that it took a lot of
work to keep up with those errors answer which is why I say in hindsight if given all the effort
that took place after this deferred to the state was reached if all of that had been known I really
think the analysis would have proceeded differently because that was a lot of work that was probably
as much work if not more than a trial question right right right meanwhile and we'll talk about
the actual text of the NPA in a moment but following that no actually before it was being finalized
before it was finalized or adapted was working to identify a federal charge as we discussed before
in that process she came up with a plan that would have resulted cobbling things together
in an 18 month sentence instead of 24 months somehow that became the new floor the new standard
do you know how that came about and who actually agreed to that answer I don't I reference the one
email where I think redacted says the argue 12 question right answer I said 24 we agreed 18 I assume
in the given take this was an agreement that was reached question but that was 18 as to the potential
federal charges it somehow became imported into the state disposition answer I can't speak to
that this was something that the trial team was negotiating and from my perspective these were
the terms that we wanted these were the terms that I expected if they came back and said no deal
disappointed but go forward but they tried to get a deal and he gets cut off their question the
defense tried answer no the prosecutors and to some extent you know they and the given take of
any negotiation I don't think it's unfair for an a USA to give up some things question but you had
stated clearly to not only the defense team through the mental letter but also I believe at the
end of September seven meeting that two years was the deal so did somebody come to you and say
looks like it's going to be 18 months and allow you to then approve that answer I don't recall if
someone came to me separately or independently of the final judgment I clearly approved it at some
point and so to the extent it was approved that that's on me but I would argue that you know
someone's negotiating one says 24 another side says 12 they say let's agree to 18 to some extent as
US attorney I think I have to back the negotiating discretion of my a USA's but you explain quite
eloquently the reasoning for the two year plea as being what Epstein would have faced if he had
been prosecuted you know absentia but the state appropriately and then suddenly without any
apparent relationship to that analysis the 18 months pops up from an effort to try to get federal
charges and so how do you how does that not undercut the basis for the two years answer so I can
provide the reasoning for the two years I can also though think as a supervisor a US attorney
it's important to understand that when individuals go out in the field negotiations take place
and if every time there is some give they need to come back to the US attorney or there is a fear
that the US attorney will not back us and you know there is a certain I think there's a management
issue there in that if an a USA speaking on behalf of the US makes an argument or an agreement
as long as that agreement is within a certain range the US attorney should back that because they're
the ones that are in or on the ground they're on the line they're the ones that are managing the case
and it's sort of unfair to consistently second guess those late night I don't want to characterize
it as late night negotiations but those that give and take that happens sometimes in a conference room
or on the phone question do you know exactly what give and take occurred in this case regarding
the 18 months answer I do not I read that one document question okay answer but I do not question
really quick I agree with what you're saying in principle but in this case you had a almost like
a mandatory two years is a minimum that the US attorney will accept under those circumstances
where you have come out and said this is the minimum that will accept would you have expected them
to have to come back to you to get approval for any kind of reduction in that amount answer
would I have expected them I think Miss Redacted was in a tough position because opposing council
was coming at her it was a tough negotiation would I have wanted two years yes what I falter
for a green day 18 months I don't think that's fair to her question you could have said no right answer
I could have but it was she agreed to it the process had gone further down and to some extent
I think that there is a need to respect the process I guess I was getting you know this is not
the only case where a supervisor sort of says this is the standard and at some point things move
and you've got to provide some discretion question all right okay folks we're gonna wrap up right
here and in the next episode dealing with the topic we'll pick up where we left off
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The Diddy Diaries

The Diddy Diaries

The Diddy Diaries