TRANSCRIPCIÓN 🔗
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What's up, everyone, and welcome to another episode of the
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Epstein Chronicles. In this episode, we're going to pick up
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where we left off with the Alex Acosta transcript from
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his trip to D.C. Once again, Alex Acosta answering the
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questions and multiple people, mainly redacted, doing the questioning. Question. Now, sir,
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what you have in front of you is a New
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York magazine article dated October 28th, 2002. Title, quote, Jeffrey Epstein.
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international money man of mystery. Quote, terrific guy. Donald Trump
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booms from a speakerphone. He's a lot of fun to
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be with. And if I hadn't mentioned this, this is
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dated October 28th, 2002. And Mr. Acosta, I'm going to
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have you turn to the fourth page of the document,
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the top of the page. There you'll see starts the wizard.
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Do you see that? Answer? Yes. Question? And if you
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go three paragraphs down, there's a paragraph that starts, Epstein
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likes to tell people, do you see that? Answer, yes. Question.
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This paragraph reads, Epstein likes to tell people he's a loner,
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a man who's never touched alcohol or drugs, and whose
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nightlife is far from energetic. And yet if you talk
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to Donald Trump, a different Epstein emerges. Quote, I've known
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Jeff for 15 years. Terrific guy. End quote. Trump booms
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from a speakerphone. Quote, he's a lot of fun to
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be with. It's even said that he likes beautiful women
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as much as I do, and many of them are
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on the younger side. No doubt about it, Jeffrey enjoys
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his social life. Mr. Acosta, this article was published in
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2002 before the U.S. Attorney's Office launched its investigation into
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Jeffrey Epstein. Was Donald Trump ever questioned about this article
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or this quote that he gave to the reporter? Answer.
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So first, he gets interrupted by whoever's doing the questioning. Question.
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It's a yes or no answer. Answer, not to my knowledge. Question,
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thank you. Sir, I'm going to hand you another exhibit,
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which will mark as minority exhibit B. Mr. Biggs, just
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so you know, we'd like copies. Question, so Mr. Acosta,
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what you have in front of you is a page
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six article dated October 15th, 2007. It's titled Sex Case
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Victims Lining Up. And I'll note for the record that
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Page Six is owned and operated by the New York Post. Now,
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I will read the first paragraph to you. It starts lawyers.
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It says lawyers for Manhattan billionaire investor Jeffrey Epstein, who's
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agreed to a plea guilty to soliciting underage hookers. Underage hookers, imagine.
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Are bracing for a slew of lawsuits from as many
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as 40 young women who came to his Palm Beach
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mansion for a massage session. Page Six has learned. And
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then I'll have you flip the page and we'll go
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to the very last paragraph here. It reads, Meanwhile, the
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Mar-a-Lago Club in Palm Beach last night confirmed a website
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report that Epstein has been banned there. Quote, He would
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use the spa to try and procure girls, but one
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of them, a masseuse about 18 years old, he tried
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to get her to do things. End quote, a source
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told us. Quote, Her father found out about it and
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went absolutely apeshit. Epstein's not allowed back. End quote. Epstein
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denies he's banned from Mar-a-Lago and says, in fact, he
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was recently invited to an event there. Now, Mr. Acosta,
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as it says in this article, this was published in
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October of 2007, after your office had executed the non-prosecution
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agreement with Jeffrey Epstein, but before he pleaded guilty to
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the charges. Did the U.S. Attorney's Office ask Donald Trump
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about any women at Mar-a-Lago? Answer, so I'm going to, again,
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cut off. Question, sir, it's a yes or no answer. Answer. No, no, no. Question.
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It's a very simple, sir. It's a yes or no question. Answer.
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With respect. With respect. You're asking questions based on headlines
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that are pretty explosive, and I think, to that, he's
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getting cut off again. Question. And I'm asking about your knowledge.
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Are you
Load full transcript
aware of anyone in the U.S. Attorney's Office
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asking Donald Trump about the article? Answer. I think, to that,
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cut off again. Mr. Neiman, let him answer. Acosta. I understand,
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but I want to provide a fulsome answer if I can. First,
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these are the words of the prosecuting attorney in the case.
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Cut off once again. Sir, that's not my question. I'm
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asking if you're aware. To that, Acosta cuts him off.
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I'm providing you. Cut off again by the person asking
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the question. if Donald Trump was interviewed, about women at Mar-a-Lago? Answer,
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I'm not aware of who was interviewed and not interviewed
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in the case generally because U.S. attorneys do not become
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involved in deciding who gets interviewed and who does not
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get interviewed. Question, I do believe you said in this
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hour the decisions are mine. You are the U.S. attorney.
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Is that right? Answer, so when I said the decisions
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are mine, you're taking my comments out of context because
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I said I am ultimately responsible for what my office does.
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I'm not pushing away blame. I'm not pushing away responsibility.
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That doesn't mean that the US attorney of a district
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with several hundred attorneys, even in high profile cases, directs
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who is interviewed and not interviewed. And so as a
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US attorney, I do not have knowledge who was interviewed
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in the case. As US attorney, I do not have
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knowledge who was interviewed in the Abramoff case, which we
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did as well. As US attorney, I do not have
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knowledge in who was interviewed in the UBS case, which
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was a major case. So as a U.S. attorney, my
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job was to allow my line prosecutors, our line prosecutors,
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line prosecutors that have great experience, one of whom, one
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of the supervisory attorneys of whom used to be the
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head of public corruption, public integrity here in Washington, to
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determine how to proceed with investigations. Question. Thank you. You
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have relied frequently on the OPR report and you'd with
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me that the OPR report outlines that you negotiated the
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non-prosecution agreement. Is that correct? Answer, that is not correct. Question,
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that's not correct. Answer, not what the OPR says. Question,
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did you have any role in negotiating the non-prosecution agreement? Answer,
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the OPR report says that I ultimately approved the term
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sheet that required two years, that required registration, and that
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required a mechanism for individuals to recover monetary, and so
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I approved that. Question understood. Answer, it was then negotiated
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after that by the AUSA's. The report also says, Question.
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Did you meet with Epstein's defense attorney? Answer. Let me finish.
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If I could finish my answer, please. The report, as
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I was saying, that also says that Epstein's defense attorneys
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then requested a meeting. It says that it went to
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our first assistant and I said, I bet you this
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case ends up in Washington because they had done was
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hire Mr. Starr. Question. And Mr. Lefkowitz. Answer. And Mr. Lefkowitz. Question.
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And Mr. Dershowitz. Answer. and Professor Dershowitz. And when they
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hired them, I predicted I got a phone call asking
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for a meeting. I predicted my career first assistant that
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the case would end up in Washington. I said we
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should meet with them so that the first time Washington
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hears about this is not the South Florida office refused
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a meeting. I then asked him to call the criminal
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division in D.C. and invite the head of child exploitation
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and obscenity section, who are the experts in this from Washington, D.C.,
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down to the meeting so that the child exploitation and
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and obscenity section would be fully briefed on the case,
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fully briefed on how we were proceeding on the case,
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and they would know what we were doing because my
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prediction was that it would end up in Washington. Mr. Garcia,
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thank you, Mr. Acosta. I think we're going to move on. Mr. Garcia,
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I'm going to move on to Mr. Submaranian real quick,
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but before I do that really quick, I just wanted
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to be clear also, when you were during your time
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as U.S. Attorney, did you ever speak to Donald Trump generally? Mr. Acosta,
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I did not. Mr. Garcia, so you never, the entire
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time you were U.S. Attorney, you never once spoke to
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Donald Trump? Mr. Acosta, the entire time, let me be
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more clear. I did not speak with President Trump, with
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Donald Trump, before I was considered for Secretary of Labor. Mr. Garcia,
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thank you. Mr. Submaranian, I was going to ask you that,
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but had you met with him before, Acosta? There was
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one instance where I saw him in the lobby across
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the way, and I remember thinking, oh, that's Donald Trump.
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If you define that as a meeting, we didn't have
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a conversation. I just saw him kind of like seeing
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people in the room. Mr. Garcia, you never had a
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phone conversation? Also, not just a meeting, never a phone
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conversation of any kind with Donald Trump? Acosta, I did
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not have an in-person conversation. I did not have a
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phone conversation. Mr. Min, email. Acosta, we hadn't shaken hands. Submaranium,
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what about with any of his associates? Mr. Min, email, text,
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any of them? Acosta, no email to my recollection, no
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text to my recollection, no associates to my recollection. He
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moved in circles that I did not move in, to
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be honest. Mr. Frost, can I ask real quick? During
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the time that you were considering this case, did anybody
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reach out to you, you know, any form of communication,
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inquiring about it? Mr. Acosta, so the office got any
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number of communications? I assume you mean from the media? Mr. Frost,
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you personally. Mr. Acosta, and those have gone through, so
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it was 20 years ago. I don't know if a
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reporter at some point cornered me and asked me a question. Mr. Frost,
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anybody from D.C.? Acosta, so at some point the case
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was appealed to Washington, and at that point, then there
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were conversations, primarily letters that were provided Washington, but Not
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specifically around the NPA and considerations over it? Did anyone
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reach out to you from Washington? Anyone from local government
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in Florida? Anyone in South Florida? Mr. Acosta, so is
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your question before the non-prosecution agreement was signed? Mr. Frost, yes,
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before it was signed. Thank you for watching. Anyone that
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would reach out to you asking questions about this case
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or to provide there to that cut off by Acosta,
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I don't recall any communication from what you would term
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as donors. I'll just call them wealthy people. Mr. Frost,
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wealthy people. Acosta, I don't recall any communications. So I
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reached out to Washington to ask the head of child
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exploitation and obscenity section to come to our meeting because
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I wanted Washington to be fully briefed because I thought
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Washington would be brought into this. That was my reaching out.
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And so in that process, I'm sure that there was
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some back and forth so that the person could come
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to this meeting where, to be clear, I rejected every
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ask the defense made of me. And I said, we're
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going with the original decision that I made. All right, folks,
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we're going to wrap up right there. And in the
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next episode dealing with the topic, we're going to pick
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up where we left off. All of the information that
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goes with this episode can be found in the description box.
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What's up, everyone? And welcome to another episode of the
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Epstein Chronicles. In this episode, we're picking up with the
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Alex Acosta deposition that was given to Congress. Once again,
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Alex Acosta is answering the questions and a whole host
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of people are doing the questioning. Acosta, now going forward,
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your question was, Mr. Frost, when you were being considered
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to be the Secretary of Labor, Acosta, yes. Frost, in
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your conversations with Donald Trump or anyone in his administration,
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did you talk about the
Epstein investigation, Acosta, the first time? Frost,
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before confirmation. Acosta, the first time that I recall. Neiman,
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before confirmation. Acosta, talking about this from the first time
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I was being considered for a position in the Trump
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administration to confirmation, the first time I recall talking about this.
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There may, I don't know, there are two points at
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which I may have at one point, at which I did,
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and one point at which I may have. The point
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at which I did, I was, I believe there were
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some stories, I forget where. I know in the Washington
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Post there was a story above the fold at one point,
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but I think that was later. And so I talked
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to the communications team because the communications team needed to
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be briefed about it, obviously. And so I had a
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conversation with the communications team. Mr. Frost, and then you
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said there was another? Acosta. And the other instance where
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I may have had communication, I don't recall if I
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did or if it was simply or if there was
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some written question or otherwise, but at some point, In
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the vetting process, a question may have arisen. And if
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the question arose, Frost, and you don't remember, Acosta, I
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honestly don't remember. But if the question arose, in the
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vetting process, where the FBI does its background, Frost, okay. Acosta, then,
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Frost cuts them off, very good, thank you. Jasmine Crockett
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pipes up, okay, so I've just got two questions. And
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you may be able to finish answering them before the
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end of this part. I still want them to get
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on the record because I'm going to have to go.
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You talked about how weak the case was, and there
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was a number of follow-up questions on that from Dave Min.
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I'm trying to figure out, are you aware as to
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whether or not any of Jeffrey Epstein's employees were ever
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interviewed as part of the investigation? Mr. Acosta, so again,
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as U.S. Attorney, I don't get involved in who
was
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to that cutoff by Crockett, okay? Acosta, interviewed. They may
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have been interviewed. They may not have been. Crockett, okay. Acosta,
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that was not, that was not the role that I
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played in this. Crockett, okay, I understand. And the only
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reason I ask is because you talked about basically how
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you all came together, and I'm aware that a lot
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of times there's basically like conferences that you pull together,
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your entire team, and you talk about these things, right?
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But it doesn't sound like you asked those questions in
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those meetings. either to know whether or not, well, did
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you go and do this, that, or whatever, the things
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to better the case and make the case stronger. But
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I'm going to hold that there, and if you have
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anything to provide as it relates to testimony of the
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things that you did to try to make the case better,
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or try to make sure that you had everything that
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you could to make sure that it was the best case,
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then please let us know on the record later. But
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the final question, because I want to kind of get
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to the end, is it sounds like you had a
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lot of meetings with lots of people, but it seems
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like the victims were left out of this. And ultimately,
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we know that there was a problem with you potentially,
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I don't know the exact language, violating statute that requires
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victims to be made aware. So while there are all
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these other conversations taking place, and I'm used to prosecution
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offices talking to victims and explaining to victims why they
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are going to have weaknesses in their cases, and explaining
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prior to making an offer. Because there have been victims
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that have been told prosecutors, yes, I hear you saying
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that the case is weak, but I want to testify,
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I want my day in court, I want to go forward.
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And I've heard prosecutors go forward simply because victims are saying,
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we want to go forward. It doesn't sound like that
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was done. If it was done, please let us know.
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But it's my understanding that Sarah Kellan, Nadia Marcinkova, and
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Adriana Musinska, I'm messing that up, that they were being
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investigated as co-conspirators, or that they were being included in
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the NPA, either before or after it was signed. But
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is that common practice in the Southern District of Florida,
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number one? And how can you explain including young women
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in a non-prosecution agreement without their knowledge at the request
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of a clear serial sexual predator, Mr. Acosta? Okay, so
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that was a lot of questions. Let me try to
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take the gist of this. I'm reading from the case
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agent's warrant statement. I believe you cited litigation where they
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filed suit under the CVRA. Ms. Crockett, yes. Acosta, so
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first at the time, and it's all since changed, but
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at the time, it was Department of Justice position that
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the CVRA did not attach until indictment. And that was
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the written position under an Office of Legal Counsel decision.
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And so things have changed, but I want to be
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very clear up front. The Office of Professional Responsibility reviewed
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this matter fully. And there are some things I agreed
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with the question earlier where I agreed with the criticism
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of OPR, but OPR found out that we did not
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violate any law, we did not violate any department policy,
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and there was no misconduct with respect to victim notification.
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Reading from the case agent's sworn declaration, many of the
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victims were troubled about the existence of the investigation. Some
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victims who were identified through the investigation refused to even
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speak to us. During interviews conducted from 2006 to 2008,
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continuing after the agreement was signed, no victim expressed a
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strong opinion that Epstein be prosecuted. And so that was
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actually filed in response to the claims that you made
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and that you quoted from that litigation. That is the
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--> 00:17:01.470
litigation that proceeded and the declaration was filed as a
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response to the claims that you made. Now with respect
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to victim notification, very briefly, one of the issues that arose,
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and this went to a little bit of your question
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about some of the difficulties that I will own with
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the proceeding on the state, was that we included a
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provision that allowed the victims to recover monetary damages. And
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our prosecuting attorney and the FBI case agent started notifying
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the victims. And this isn't my recollection, let me be clear.
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This is what the OPR discussed and found. Because, you know,
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I was not, as U.S. attorneys, supervising victim notification. This was,
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you know, left to the prosecuting attorneys and the supervisory chain.
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And this is what OPR found. And so they became
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concerned that they were generating more impeachment evidence because if
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victims became aware that they could recover monetarily, they would
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have when they're put on the stand. Can you imagine
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how the questioning would go? Is it true that if
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this person is convicted, you stand to recover $ 100, 000? or $ 150, 000,
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or whatever the amount was. And because of that, they
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went to their professional responsibility officer, their ethics officer, and said,
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we feel uncomfortable continuing with the victim notifications. And the
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ethics officer at the time said, if you feel uncomfortable,
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then don't go forward. And so the notifications, based on
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my understanding of the OPR report, proceeded by saying that
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the investigation is ongoing and because at the time, the
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appeal was pending in D.C., and we didn't know how
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it would turn out. And so, that is the decision
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that was made. It was made with the best intention
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of preserving the case, and it was made in conjunction
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with the professional responsibility officer of the office. Redacted, we're
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going to end the Democratic round there, but before we do, Ms. Stansberry,
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can you please introduce yourself on the record? Ms. Stansberry,
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I'm Melanie Stansberry from New Mexico. Thank you for being here. Mr. Acosta,
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how are you? Mr. Ansari. Hi. Yasemin Ansari, Arizona's third. Acosta,
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how are you? Great. We'll go off the record. So
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they go off the record, then they come back. Question.
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So just for a clean record, the Epstein case in
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the Southern District of Florida was resolved via non-prosecution agreement, correct? Answer, yes. Question.
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I want to differentiate a little bit. Did you approve
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the terms of the NPA itself? You've been using term sheet.
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I think that language that you've been using. Is there
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a difference between the two? Answer. So the term sheet
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was the initial proposal that was presented to the defense.
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I believe in late July. The ultimate agreement differed primarily
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as we've already discussed from 24 to 18. Question. Uh-huh. Answer.
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And I approve both. Question. Okay. Is there a difference
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between the non-prosecution agreement and the kind of plea agreement? Answer.
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There is. Question, what is it? Answer, so a non-prosecution
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agreement is typically kept in the U.S. Attorney's Office and
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it's an agreement not to prosecute. And in this case,
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it was a deference to the state that would be
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prosecuting pursuant to these terms. Question, are plea agreements traditionally
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more public than non-prosecution agreements? Answer, non-prosecution agreements traditionally are
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not public. Question, okay. Answer, or at least were not
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public traditionally at the time. Question, at that time, so
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a non-prosecution agreement like wouldn't be, I'm sure PACER didn't
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exist in 2006, but wouldn't go online or wouldn't be
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available at a courthouse for the public to view? Answer,
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it would not. It would be kept at the U.S.
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Attorney's Office. Question, Was that the part of the rationale
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to choose a non-prosecution agreement versus a plea agreement? Answer,
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it was not. Question, did defense counsel ever suggest that
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they
wanted it to remain private? Answer, so at some
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point in the process, that came up. And that came
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up in the negotiation process. As a matter of fact, U.S.
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Attorney policy, it would remain within the U.S. Attorney's Office,
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but it's always subject to Freedom of Information Act. Question, okay,
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but from your side of the negotiating table, it being
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private was not pivotal in the negotiation? Acosta, it being
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private was not pivotal at all. Question, was there ever
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discussion enforcing a plea agreement versus an NPA? Answer, I
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don't understand the question of forcing a plea agreement. Question,
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so it was obvious the defense team's interest for an NPA,
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because one rationale, I would think, would be that it's
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not a public document. Did it ever come up in
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conversation of the U.S. Attorney's Office that they would prefer
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a public document versus the NPA? Answer, I wasn't part
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of the team that negotiated this. And so I can't
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speak as to what came up in conversation. The ultimate
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plea was in state court. Question, uh-huh. Answer, so we
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need to be, well, let me separate out the terms.
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The plea was in state court. It was a public
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state plea. the federal resolution that we were going to
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withhold prosecution pending the state plea and serving his term. Question, okay. Answer,
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as we envisioned it, under continuous confinement in the state court. Question, okay.
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Thank you. All right, folks, we're going to wrap up
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right here. And in the next episode, dealing with the
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topic we're going to pick up where we left off.
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All of the information that goes with this episode can
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be found in the description box. What's up everyone and
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welcome to another episode of the Epstein Chronicles. In this episode,
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we're going to pick up where we left off with
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Alex Acosta and his trip to speak to the U.S. Congress. Question.
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I'm going to introduce, I think it's Exhibit 2, the
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actual NPA. So this non-prosecution agreement in the Epstein matter,
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just for the record, this looks like the non-prosecution agreement
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that you approved. Answer, it does. And it has signatures,
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so yes. Question, I believe from everybody. Answer, yes. Question,
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and it was originally signed in September of 2007, but
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he did not plead and stay court until the summer
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of 2008. Is that your recollection as well? Answer, that's
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my recollection. Question, do you recall as to why the
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large delay there? Answer, yes, because after he signed it,
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we expected him to plead right away, like defendants typically do.
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And then he started challenging it, collaterally. He started challenging
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the authority of the office to enter into the agreement,
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and then he started appealing to Washington, D.C., to the
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criminal division, and then subsequently, the deputy attorney general. Question,
404
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and you have said before, but in your experience, it's
405
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kind of strange for someone to agree to an agreement
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and then attempt to backtrack? Answer, in my experience... It
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hadn't happened previously. And let me just add, in the
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experience of I think I can speak for our office,
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everyone was upset. Question, is there my own kind of
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intellectual curiosity? I mean, he signed it. Your office signed it.
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Was there any reason to go through the delay? Could
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you not summon him to court and say you have
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to follow the agreement? Answer, so at various points in
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the delay process, I think everyone, at some point, everyone
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became frustrated and said, why don't we just declare a breach?
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One thing, we did not foresee all these appeals and
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all the collateral attacks, and I will accept that criticism.
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But having signed this, if we declare a breach, now
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we're litigating as to whether or not it's a valid breach.
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If it's because it's unilateral breach, and now we're putting
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off the criminal trial and the criminal prosecution that much
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longer as we go through the litigation of, so
once
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it's signed, do we have the grounds to withdraw? And
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we had discussions at various points about whether we should
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or should not But ultimately, you know, he was appealing
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to Washington. We were shocked, but Washington heard him out.
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I asked Washington to expedite the appeals because I wanted
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it just done and I wanted him in jail. But
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you know, Americans do have a right to appeal decisions
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of U.S. attorneys to their bosses. Question, but you had
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said like he was appealing after he agreed to it. Answer, look. Question,
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which is unprecedented. Answer, it's absurd. It is absurd and unprecedented,
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but it is what it is. And if we declared
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a unilateral breach, now something that's already been delayed is
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going to be further delayed as we litigate whether or
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not we had a right to breach. Question, and then
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the appeals process, you said the head of criminal division
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in D.C. and the D.A.G., is that correct? Answer, he
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appealed to criminal division. I think the head of criminal
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division delegated that down. And then he appealed to the
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deputy attorney general. Question, so, well, I just, I won't
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testify for you. What did the criminal division, what was
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their decision? Answer, the criminal division supported the office, and
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then the deputy attorney general supported the office. Question, who
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was the DAG at the time? Answer, I'm sorry, I
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should remember, and I don't. Question, that's okay, that's one
447
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we can figure out. But the deputy attorney general's office
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supported your U.S. attorney's office decision in the matter? Answer,
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they authorized us to go forward. Bingo. What have I
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been telling you? That's Mr. Philippe that I've been talking
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about for how long? You just got to read in
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between the lines, folks. Answer. They authorized us to go forward. Question.
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All right. Was there any delay between the DAG approval
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and the final plea in state court? Answer. Once the
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Deputy Attorney General authorized it to go forward, then the
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plea in state court proceeded. I don't want to say expeditiously,
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but in relatively short order. Question. Were you not aware
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of any appeals to the State Attorney General? Answer. I
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00:26:33.859 --> 00:26:37.119
was not aware of any appeals to the Attorney General. Question.
460
00:26:37.539 --> 00:26:41.900
In non-prosecution agreements generally, this one sounds pretty unprecedented in
461
00:26:41.960 --> 00:26:45.019
its number of appeals and steps. But does a U.S.
462
00:26:45.079 --> 00:26:50.640
attorney have the authority to enter into them without Washington approval? Answer. Yes. Question.
463
00:26:51.440 --> 00:26:53.880
What are they? Again, a general question. What kind of
464
00:26:53.940 --> 00:26:57.900
crimes are they normally used for? Answer. So non-prosecution agreements
465
00:26:58.000 --> 00:27:01.210
are typically used more... for the white collar setting. In
466
00:27:01.250 --> 00:27:04.650
this case, it was different because it's a non-prosecution on
467
00:27:04.670 --> 00:27:07.990
a federal crime, but it's a non-prosecution in deference to
468
00:27:08.009 --> 00:27:11.430
an alternative prosecution in the state where the case began
469
00:27:11.809 --> 00:27:16.309
so he could proceed as police initially had thought appropriate. Question,
470
00:27:16.410 --> 00:27:19.269
so not, I mean, this is kind of an untraditional
471
00:27:19.309 --> 00:27:23.440
non-prosecution agreement generally, but they're not traditionally used in sex
472
00:27:23.480 --> 00:27:27.539
crimes or, answer, that's correct. Question, or other violent crimes,
473
00:27:29.259 --> 00:27:32.339
This is the kind of hot-button issue going into September 29th,
474
00:27:32.680 --> 00:27:36.460
but are non-prosecution agreements binding on all U.S. attorneys within
475
00:27:36.509 --> 00:27:39.650
the United States? Answer, they are not. And I'm sure
476
00:27:39.670 --> 00:27:43.329
you're aware that matter is pending in the Supreme Court. Question,
477
00:27:43.390 --> 00:27:46.710
but a district court has said that... And an appeals
478
00:27:46.730 --> 00:27:50.150
court has said... Answer, a district court has said that...
479
00:27:50.450 --> 00:27:52.400
And an appeals court has said that... And that is
480
00:27:52.440 --> 00:27:56.900
the position of the Department of Justice. Question, while U.S. attorney...
481
00:27:57.339 --> 00:28:00.640
Had you used non-prosecution agreements prior to this one? Answer,
482
00:28:00.900 --> 00:28:04.980
not to my recollection. Question, did you use one after? Answer,
483
00:28:05.019 --> 00:28:08.680
not to my recollection. Question, and just, you were there
484
00:28:08.740 --> 00:28:10.900
for a number of years, and this was the only
485
00:28:10.940 --> 00:28:16.109
case that was a non-prosecution? Answer, so
non-prosecution agreements are typically,
486
00:28:16.549 --> 00:28:18.849
are more typical in the types of cases that are
487
00:28:18.890 --> 00:28:23.150
litigated in Washington or in other districts. Question, okay, you
488
00:28:23.170 --> 00:28:28.019
said white-collar cases? Answer, yes. Question, More common financial or
489
00:28:28.099 --> 00:28:31.859
tax crimes, those kinds of things? Answer, correct. Question, all right.
490
00:28:32.240 --> 00:28:34.859
We've touched on this kind of around the topic an
491
00:28:35.019 --> 00:28:37.519
awful lot today. And there was an awful lot of
492
00:28:37.579 --> 00:28:40.089
back and forth in the last hour, but just this
493
00:28:40.140 --> 00:28:42.769
is a broad question. So as briefly as you can,
494
00:28:43.089 --> 00:28:46.069
and to the best of your recollection, why a non-prosecution
495
00:28:46.089 --> 00:28:50.349
agreement in this case? Answer, so ultimately the question was,
496
00:28:50.470 --> 00:28:53.230
do we proceed federally or do we defer to the state?
497
00:28:53.730 --> 00:28:56.930
It came from the state. The state police wanted certain charges,
498
00:28:57.430 --> 00:29:01.190
I understood, that would result in two years. It entered
499
00:29:01.230 --> 00:29:03.509
the office in the context of, we may have to
500
00:29:03.529 --> 00:29:07.009
proceed with a double prosecution. And the fact is, I
501
00:29:07.049 --> 00:29:10.849
understood them, were local facts. We felt comfortable that we
502
00:29:11.009 --> 00:29:13.329
felt we had an agreement or an argument for an
503
00:29:13.390 --> 00:29:16.509
interstate case. That is, if we had to go to trial,
504
00:29:16.769 --> 00:29:19.819
we had no issue going to trial. But everyone favored
505
00:29:19.839 --> 00:29:23.519
a resolution that was negotiated. But because of all those issues,
506
00:29:23.940 --> 00:29:27.019
it seemed that a state resolution at the time made sense.
507
00:29:27.799 --> 00:29:31.710
As I said before, I note OPR's comments. If we had,
508
00:29:31.789 --> 00:29:35.910
I think, what I told the Office of Professional Responsibility was,
509
00:29:36.250 --> 00:29:38.410
if we had foreseen all the issues that the state
510
00:29:38.450 --> 00:29:41.240
resolution raised, we would not have gone down that path,
511
00:29:41.799 --> 00:29:43.819
and I don't advise others to go down that path,
512
00:29:44.380 --> 00:29:46.940
but we didn't foresee them at the time. And when
513
00:29:46.980 --> 00:29:49.400
I say we, again, that's on me. I will take
514
00:29:49.440 --> 00:29:53.130
responsibility for that. And in the sense, I think OPR
515
00:29:53.170 --> 00:29:57.329
was generally correct. Question, and prior to the execution of
516
00:29:57.349 --> 00:30:00.319
the NPA... It was largely believed in the office that
517
00:30:00.359 --> 00:30:03.680
a negotiated agreement was, I'm going to use the phrase,
518
00:30:04.140 --> 00:30:06.740
the like safer outcome. It was going to result in
519
00:30:06.759 --> 00:30:10.220
jail time. Answer, it was a superior outcome because it
520
00:30:10.240 --> 00:30:13.119
would result in jail time. It would result in registration.
521
00:30:13.539 --> 00:30:15.930
It would send a signal to the community. And I,
522
00:30:16.420 --> 00:30:20.130
you know, credited or cited for multiple people. It was
523
00:30:20.190 --> 00:30:22.349
the sense that you didn't have to put the victims
524
00:30:22.589 --> 00:30:24.750
that didn't want to go through a trial through a trial.
525
00:30:25.690 --> 00:30:28.640
And there was a continuum. We talk about the victims
526
00:30:28.740 --> 00:30:30.910
as if they had one view, and you know multiple
527
00:30:30.950 --> 00:30:35.589
victims with different views. Question. We're there. I'll read you.
528
00:30:35.789 --> 00:30:39.730
It's page 40 of the OPR report. Villafana, the lead
529
00:30:40.230 --> 00:30:42.650
line prosecutor on the case, told OPR that she was
530
00:30:42.779 --> 00:30:47.279
angry when she received Menchel's July email explaining that he
531
00:30:47.299 --> 00:30:50.819
had proposed to Sanchez revolving the federal investigation through a
532
00:30:50.839 --> 00:30:55.079
state plea. In Villafana's view, the proposed state resolution didn't
533
00:30:55.119 --> 00:30:58.940
make any sense and didn't correspond to department policy requiring
534
00:30:58.960 --> 00:31:02.480
that a plea offer reflect the most serious, readily provable offense.
535
00:31:03.160 --> 00:31:06.059
In her view, a plea to a state charge obviously
536
00:31:06.099 --> 00:31:10.200
would not satisfy this policy. Did Ms. Villafana ever express
537
00:31:10.599 --> 00:31:13.299
to you your concerns regarding the language of the NPA,
538
00:31:13.680 --> 00:31:17.529
was the question. Answer, Ms. Villafana ended up negotiating the
539
00:31:17.549 --> 00:31:20.490
language of the NPA. I think it's fair to say
540
00:31:20.549 --> 00:31:24.720
that she would have preferred a federal resolution. I think
541
00:31:24.759 --> 00:31:27.859
my supervisory staff differed from her in that they were
542
00:31:27.900 --> 00:31:30.920
comfortable with the state resolution, although to some extent the
543
00:31:30.960 --> 00:31:34.640
federalism concerns. The deference to the state, if I'm being
544
00:31:34.680 --> 00:31:37.500
fair in all of this, primarily comes from me. And
545
00:31:37.539 --> 00:31:40.160
I think OPR found that, and I think OPR was
546
00:31:40.180 --> 00:31:43.910
fair in that judgment. Question, so it's Ms. Villafana's words,
547
00:31:43.970 --> 00:31:47.829
not yours, but just your interaction with her? And with
548
00:31:47.950 --> 00:31:51.009
others negotiating this agreement or getting to this agreement, would
549
00:31:51.049 --> 00:31:53.430
it be fair to characterize her, and you've said this,
550
00:31:53.849 --> 00:31:57.470
as in favor of a negotiated resolution, but not necessarily
551
00:31:57.509 --> 00:32:00.710
in favor of the state resolution. Answer, I think that
552
00:32:00.750 --> 00:32:04.210
would be fair. Question, okay, I just wanted to kind of,
553
00:32:04.230 --> 00:32:07.089
you know, dissect that because it was a little confusing.
554
00:32:07.930 --> 00:32:11.130
Do you ever recall who first initiated the negotiations with
555
00:32:11.210 --> 00:32:15.720
Epstein's defense regarding the NPA? Answer, I do not. Question,
556
00:32:16.140 --> 00:32:19.119
were there ever any concerns regarding using an NPA versus
557
00:32:19.140 --> 00:32:22.400
going to trial? Answer, so ever is a very broad word, right?
558
00:32:23.480 --> 00:32:26.599
I think this is 20 years ago, thinking back, these conversations,
559
00:32:26.640 --> 00:32:29.779
sometimes they happen around the table. Sometimes they also happen
560
00:32:29.819 --> 00:32:32.569
in a hallway. You know, the first assistant had his
561
00:32:32.619 --> 00:32:35.049
office right next to mine. We shared a suite. The
562
00:32:35.069 --> 00:32:37.970
criminal chief had his office down the hall. You get together,
563
00:32:38.049 --> 00:32:41.529
you talk about things, and the proposal formed. And ultimately,
564
00:32:41.589 --> 00:32:44.990
I approved it. But the proposal, people come together, they
565
00:32:45.089 --> 00:32:48.069
generate a consensus. What do you think? What do you think?
566
00:32:48.349 --> 00:32:51.970
How do we go forward? But ultimately, look, I approved it.
567
00:32:52.319 --> 00:32:56.740
and so I was a U.S. attorney, and I take responsibility. Question,
568
00:32:57.420 --> 00:33:00.230
would you characterize the process as like a rigorous debate
569
00:33:00.509 --> 00:33:03.690
that led to this outcome versus trial? Answer, I think
570
00:33:03.710 --> 00:33:06.970
there was a fulsome and rigorous debate, and that simply
571
00:33:07.009 --> 00:33:09.490
wasn't one meeting that happened over a number of days,
572
00:33:09.579 --> 00:33:13.759
if not weeks, where ideas would be discussed back and forth. Question,
573
00:33:14.119 --> 00:33:16.460
and then while I'm going to have two different time periods,
574
00:33:16.819 --> 00:33:19.460
while I was being negotiated prior to being signed in
575
00:33:19.480 --> 00:33:23.990
September of 2007, Do you recall negotiations regarding the longer
576
00:33:24.069 --> 00:33:27.630
moving forward off of how the defense counsel was acting
577
00:33:28.089 --> 00:33:32.170
or any new information answer? There was some, I don't
578
00:33:32.210 --> 00:33:34.710
recall them, but I've read in the OPR report that
579
00:33:34.750 --> 00:33:38.009
there were some discussions about not longer moving forward, no
580
00:33:38.049 --> 00:33:41.309
longer moving forward. And it was based largely on defense
581
00:33:41.329 --> 00:33:44.269
counsel getting very close to the line of what's proper
582
00:33:44.569 --> 00:33:47.150
and not proper for a defense counsel to do. And
583
00:33:47.190 --> 00:33:50.329
my view on that is I understand defense counsel are
584
00:33:50.369 --> 00:33:54.079
who they are. I understand they're frustrating. And I understand
585
00:33:54.099 --> 00:33:57.539
that they agree and then say they didn't agree. But
586
00:33:57.599 --> 00:34:00.339
that's the decision that we had. We should make a
587
00:34:00.380 --> 00:34:03.319
good faith effort to follow through on what we thought
588
00:34:03.420 --> 00:34:06.619
was the right approach, despite defense tactics that were frustrating
589
00:34:06.700 --> 00:34:09.860
at best. And you asked earlier, I'd say bordered on
590
00:34:09.949 --> 00:34:13.309
it's not frustrating and unprofessional. And it came very close
591
00:34:13.329 --> 00:34:15.210
to the line. All right, folks, we're going to wrap
592
00:34:15.269 --> 00:34:17.369
up right here. And in the next episode, dealing with
593
00:34:17.389 --> 00:34:19.650
the topic, we're going to pick up where we left off.
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00:34:20.030 --> 00:34:22.219
All of the information that goes with this episode can
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00:34:22.260 --> 00:34:24.070
be found in the description box.