TRANSKRYPCJA 🔗
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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 dive right
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back in to the Alex Acosta deposition that he gave
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to Congress. Once again, Alex Acosta is answering the questions
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and various other people are doing the questioning. Question, moving
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forward in the timeline and kind of, there's the normal
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state of play and then there is the defense counsel
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state of play in this case. Normally, would line prosecutors
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like Ms. Villafana have the authority to negotiate with defense
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counsel on their own and then come to you or
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come up the chain for approval? Or would they have
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to bring a more senior attorney in? Answer, normally they
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would have the authority to proceed on their own. Question,
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in this case, was that authority curtailed because of defense
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counsel tactics? Answer, in this case, I think actually, and
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we saw it where we talked about previously, where I
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read it from the OPR report on that clause that
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you asked about. Question, uh-huh. Answer, she negotiated that. She
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sent an email to her supervisor saying, I don't see
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any problem with this, do you? And that's how it
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would typically proceed. And I think that's pretty normal. Question, okay.
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There weren't. What's the, I mean, I don't know how.
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I'm not asking you how old she was. What's kind
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of the average age of a line prosecutor in the U.S.
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Attorney's Office? Answer, I don't even want to begin to
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speculate about that. Question, okay, younger than Alan Dershowitz? Answer,
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younger than Alan Dershowitz? but she was experienced and we
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trusted her. And I think the record, that's a good example,
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where she negotiated, she was checking with her supervisor. Question, uh-huh, answer,
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but she was conducting the negotiations. Question, all right, do
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you recall any 2006 meeting between yourself and Ms. Villafana
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and Mr. Sloman regarding Epstein? Answer, 2006. Question, yeah, July 2006. Answer,
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I believe that was the initial meeting where she just said,
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can I pursue this? And we said yes. Question, okay,
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were there any limitations placed on her in this case? Answer,
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not that I remember. I'd be highly surprised. I'm going
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to guess that it was a very short meeting. She
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gave a summary and said, can I pursue this? And
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the answer was yes. Question, do you recall outside of
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Epstein's defense counsels who were high profile in their own right,
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do you recall getting any phone calls or communications from
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other high profile individuals suggesting that you back off the
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Epstein case? Answer, no. Question, He flew around the world
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with President Clinton. Did President Clinton ever call you? Answer.
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President Clinton never called me. Question. He flew around the
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world with Woody Allen and others. Did you ever? Answer.
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Had no. Question. Get a phone call from Woody Allen? Answer.
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No communication with any high-level or mid-profile individual. Question. The
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Queen of England ever call you? Answer. Not yet. Question.
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All right. Thank you. You said that you hadn't heard Mr.
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Epstein's name prior to them coming to you for approval
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to take the case, so not aware of any reputation
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prior to then? Answer, no. Question, we've talked a lot
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about the kind of defense tactics, the various types of pressure,
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and methods that they employed to, I'll say, advocate for
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their client, but get awfully close to the line of unethical. Answer,
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and that we resisted at all points. Question, did the
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state attorney's office or the Palm Beach PD ever brief
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you about similar tactics that Epstein had used against them? Answer,
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not that I remember. Question, did you ever become aware
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of Epstein using similar tactics against them? Answer, I have
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since then read that Mr. Dershowitz met with the state
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attorney and I imagine the meetings were similar. Question, you've
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said today and in the letter from 2011, too, that
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you resisted the defense
Load full transcript
tactics. To the best that you
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can recall, and this is a lot to recall, did
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the draft NPA that your office put together change a
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lot between your drafting and the final signature? Answer, I
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think it changed. Of the three court terms, it went
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from 24 to 18, but we still got registration. And
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we still got recovery for the victims. To the best
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of your recollection, did Epstein, defense counsel suggest significant changes
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to the agreement? Answer, Epstein's defense counsel were asking for
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home confinement. They were asking for no real jail time.
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They were asking us to drop the case entirely. Epstein's
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defense counsel wanted everything. And again, and again, we told
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them no. Question, I think you've touched on this a
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little bit. When I asked you if you interviewed Ms. Maxwell,
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do you recall if your prosecutorial team Of course he doesn't.
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Are you guys catching on yet? And the ridiculous questions
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that he's being asked, it's obviously somebody in the GOP
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at this point asking these questions, trying to massage Acosta
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for whatever reason. Question, were you contacted at all when
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she was subsequently arrested, I think, in 2019? Answer, I
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was not. Question, were you contacted at all during her trial? Answer,
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I was not. Question, we've talked a lot about the
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original proposed draft, 60-count indictment, that Ms. Villafana drafted, and
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then there's been mention of the lengthy prosecution memo. What's
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the purpose of a prosecution memo versus an indictment? Answer,
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so the prosecution memo has two purposes. One, to go forward,
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but two, to test, to write a draft, so you
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can test your theories, so that other people can review
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and say, I agree or disagree, so you can pressure
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test what an eventual indictment might look like. Question, I'm
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going to use a term, and if you don't recognize it,
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I'll try to explain. But on high profile cases like this,
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would you have a red team, someone that wasn't read in,
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that could review the prosecution memo and indictment? Answer, we might.
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In this case, we did not. But we did later
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have individuals review the case just to get independent assessments. Mr. Redacted?
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Such cowards. Put your name to it, Mr. Redacted. And
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are those the prosecution memos? The prosecution memo and the
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draft indictment, are those kept in the case file? Like,
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through perpetuity? Is it remaining in the case file to
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this day? Acosta, I can't speak to that. I don't
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know how. I think your definition of a case file
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is more specific than reality. Redacted, okay. I'm sure that
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this has been touched on, but I'm going to ask again.
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Did you ever personally review the memo or the draft indictment?
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Answer again, it was 20 years ago. Sometimes I'd review
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the memo. Sometimes I'd sit around the table and say,
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let's go over this. Sometimes I'd say, what do y'all think? Question,
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would that have been the situation of checking with main
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justice if that was the way that they would want
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to proceed versus a non-prosecution agreement? Answer, we had authority
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to proceed as we saw fit. We didn't check with
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main justice, as I remember it. Question, ballpark, how many
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AUSAs are in that office? Answer, 300. Question, understanding it's
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one case out of, what I'm sure, at least 100
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at any given time. In that office, how would you
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meet with the attorneys on this case to discuss it
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to the best of your recollection? Answer, so that would vary.
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Before the MPA, before the agreement was signed. other than
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the decision to go forward with the state resolution, and
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other than giving defense counsel their hearing, very, very little.
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I thought it was important that Ms. Villafana have the
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authority to negotiate. After it was signed, when it was
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being appealed to Washington, and when they were challenging whether
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or not the office had the authority to seek monetary recovery, first,
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those were
policy decisions in which I would more naturally
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get involved. Secondly, there were appeals to Washington in which
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I'd more naturally get involved. And thirdly, they're where you
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know about whether the office is acting correctly or not.
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And so at that point, the first assistant was supervising
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the case with Ms. Villafana directly, and I probably spoke
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to him about it often. Question, we've talked about kind
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of the overarching theme is that the prosecutors in your
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office favored a negotiated agreement with the kind of sub-themes
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of favored, federal charges more than state, and some favored state,
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and some just favored a negotiated agreement. At any point
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did DC express concerns about a negotiated agreement versus going
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to trial? Answer, they did not. They were aware of
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when it was presented. When defense counsel came in, the
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head of CEOs was present at the meeting. He understood
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how we were proceeding. I don't recall him taking a
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side and saying DC disagrees with you. Question, and of course,
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during Epstein's defense counsel's petition to DC, they sided with
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you throughout that. Answer, they supported our authority to go forward.
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He didn't answer the question there, you hear that? They
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supported our authority to go forward, whatever that means. Question.
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You spoke a little bit about State Attorney Krischer. Answer. Krischer.
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Do you recall any discussion with him regarding the Epstein case? Answer.
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I don't recall any discussions. We may have had them.
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I think they'd be fairly brief. Question. Would he have
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any involvement in the post-please situation with Epstein? Answer. To
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the extent his office was involved in victim notification, he
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would have had involvement in some of those discussions. I
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believe the OPR report states... And you can confirm that
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the decision to go from 18, that one of the
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key parts of the decision to go from 24 to 18,
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took place in a discussion between him and our trial
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attorneys in his office. Question, but you don't know, or
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maybe he just wouldn't have been involved in any discussion
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regarding the work release program or anything like that? Answer,
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so his office was consulted about work release. My understanding
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was that they were supposed to notify us, and his
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office did not notify us. My understanding was that they
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came out of the Palm Beach Sheriff's Office. Question, and again,
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you never, to the best of your recollection, received any
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communication from DOJ leadership advising caution in prosecuting Jeffrey Epstein? Answer, no,
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I did not. Question, were you aware of a letter
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that the Epstein Defense Council sent in support of him,
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citing that and referencing his political connections in regards to
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the non-prosecution agreement? Answer, I have since read it. I
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don't recall any details. and whoever it was sent to,
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I don't think had any influence on them. Question, and
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you don't recall any high-profile individuals making a call to
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your office saying, we've got to go easy on this guy. Answer,
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I do not. Question, the minority touched on it a
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little bit, the former criminal chief, Menchel, and his relationship
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with Lily Sanchez. who became one of Epstein's counsels, and
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you said you were aware of that after the fact,
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not concurrently, yo, I really want to find out who
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this senator is, or congressman, asking these stupid-ass questions. Holy cow,
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what a waste of our time and our tax dollars.
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And I guarantee you it's going to be one of
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these guys that runs around yapping about how they care
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about the kids. Shut your ass up. Answer, I became
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aware of that when I was asked about it by
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the Office of Professional Responsibility. My first assistant became aware
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of it when he was asked about it at the
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Office of Professional Responsibility. Question. And, just pardon me for
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not remembering, it was already touched on. Did Mr. Menschel
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recuse
himself because of that relationship? Answer. He did not. Question.
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Should he have? Answer. I should have known about it,
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or my first assistant should have known about it, and
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we should have had a fulsome discussion. How long ago
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was that relationship? What was the nature of the relationship?
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I wish I would have been informed. I was not informed.
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I still don't know the details and what they are. Question.
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Were you aware then of the photographs of Menschel with
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Epstein and Aspen, Colorado skiing? Answer. I was not. And
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I was not aware of it until this moment. Question.
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If you were aware of it, would that raise your concerns? Answer. Yes,
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it would. When were the pictures? Redacted. Do you know when? Redacted.
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I think it was early 2000s. Question. We're working on
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finding it. And then maybe, last bucket, and maybe the
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fastest one, maybe the slowest one, we'll find out. Steve
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Bannon has publicly stated that you told him Epstein, quote,
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belonged to intelligence. Do you ever recall speaking to Steve
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Bannon about Jeffrey Epstein? Answer, I don't recall ever speaking
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to Steve Bannon about Jeffrey Epstein. Question, have you ever
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spoken to Steve Bannon? Answer, I've spoken to Steve Bannon.
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I have no recollection of speaking to Steve Bannon about
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Jeffrey Epstein. I've been asked up until now. I did
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not know what the source was of the anonymous White
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House quote. I've been asked about that. I didn't know
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where it came from. I'll take your word for it
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that Mr. Bannon, but I don't know where it came from.
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I never made that assertion. I was asked about it
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at my press conference. I said, that's not truthful. I
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was asked about it in the office of professional responsibility interview.
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I said, I have no knowledge as to whether he
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was or was not a member of the intelligence community question.
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So that gets to some of my next ones. You've
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never made a statement. Similar to Epstein belonging to intelligence? Answer,
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I have not. Question, during the course of your investigation,
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did anyone from the intelligence community approach you regarding Mr. Epstein? Answer, no. Question,
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no one from the CIA? Answer, no. Question, no one
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from the State Department or NSA? Answer, no. Question, well,
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FBI would have. No one from the FBI? Answer, yes. Question, division? Answer, no. Question,
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any foreign intelligence services like the Mossad? Answer, no. Again,
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I do not know if he did or did not.
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If you want to know that, you need to ask
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the intelligence community. I have not been approached by any
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member of the intelligence community, and I have no knowledge
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of his membership in the intelligence community. Question, and on that,
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my last question, do you have any reason to believe
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that Jeffrey Epstein was an asset for a domestic or
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foreign intelligence operation? Answer, I have no reason to believe that,
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and if there was any secure information, procedures would have
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been triggered that were never triggered. Question. And no one
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approached you and said you can't prosecute this guy. He's
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an asset. Answer. No one approached me and said that. Question. Thanks.
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All right, we're going to wrap up right here. And
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in the next episode, we're going to pick up where
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we left off. All of the information that goes with
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this episode can be found in the description box. What's up, everyone?
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And welcome to another episode of the Epstein Chronicles. In
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this episode, we're going to dive right back into the
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Alex Acosta deposition. Once again, Alex Acosta doing the answering.
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and various people doing the questioning. Question, Mr. Acosta, I
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just wanted to return to our conversation earlier about the
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investigative steps that your office undertook. Going back to the NPA,
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that document identifies four women as potential co-conspirators, correct? Answer,
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yes it does. I don't want to give them a
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status that identifies four women, yes. Question,
I'll represent. That's
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how the language in the agreement identifies them. Answer, okay. Question,
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all right, did your office ever interview any of them? Answer,
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I do not know. As I said previously, I would
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not have directed who was interviewed or not interviewed in
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these types of investigations. Question, well, it's typical, isn't it,
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in criminal investigations for potential co-conspirators to be interviewed and
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hopefully cooperated up the chain of command, isn't that so? Answer,
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I would say it's typical. Question, okay, would you have
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expected it to happen in this case? Answer, I don't
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know if they were, and if they were not, I
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don't know why. Question, to your knowledge, it did not. Answer,
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to my knowledge, I don't know. Question, okay. Answer, which
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is different than it did not. Question, okay. And I
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think the question of whether any of Mr. Epstein's employees
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were interviewed was also raised earlier, and I understood your
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testimony to be, you also didn't know if that happened. Answer, again,
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I did not direct how, how a matter was investigated. Question, okay.
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Would you expect that in order to perform a thorough
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investigation concerning sex crimes, you would need to talk to
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the employees who worked at the premises where the crimes
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potentially occurred? Answer, I will accept that. Question, okay. We
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spoke earlier about the removal of computer equipment from Mr.
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Epstein's home prior to the execution of a search warrant
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by the Palm Beach Police Department and your office's attempt
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to attain those materials from Mr. Epstein's attorneys. To your knowledge,
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did they ever succeed in doing so? Answer, I do
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not know. Question, would those materials in your view potentially
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have shed more light on the scope and magnitude? Answer,
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let me revise my prior question. Question, can I just
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get this one out first? Answer, yes. Question, would those
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materials in your view potentially have shed more light on
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00:16:24.090
the scope and magnitude of Mr. Epstein's crimes? Answer, they
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may have, and I do want to revise my prior answer.
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I do not know based on my personal recollection. I'm aware,
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I believe from the OPR report, that they were not obtained,
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but I don't have any personal recollection of the computer
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material issue or what may or may not have been
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on them, and I just wanted to make that clear. Question, okay, understood.
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To your knowledge, did your office obtain Mr. Epstein's flight records? Answer,
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once again, I did not direct how the office proceeded
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with the investigation. I don't know 20 years later what
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may or may not have been part of a factual briefing. Question,
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so I'm going to ask the same question with respect
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to Mr. Epstein's financial records. If you want to give
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the same answer, answer again. Question, that's fine. Answer, same answer.
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So my question, in light of all of that, would it,
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in your view, have been possible at the time the
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NPA was entered into to make a reliable assessment regarding
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the strength of the case against Mr. Epstein without cooperating witnesses,
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without having spoken to employees, without flight logs, without the
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contents of Mr. Epstein's computers or his financial records, to
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the extent that evidence existed? Answer, so the matter came
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to our office in 2006. The prosecutor on the case
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was an experienced prosecutor. She had discretion to proceed as
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she saw fit. At some point, she said, it's now
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time to move to the next stage. And it's time
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to bring this matter to resolution. That, again, was within
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her discretion. Hindsight's 20-20. In retrospect, maybe she should have
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done more. Maybe she should not have done more. It's
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very difficult sitting here 20 years later to second guess
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her decisions. Question, Hindsight is 20-20, but that information was
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ascertainable at the time, wasn't it? Answer again, I think
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it's very difficult to second guess her decisions. She's an
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outstanding prosecutor. She worked on this case. She wanted to
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put him in jail. And I have to trust that
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she would have pursued the types of evidence, whether flight
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logs or other matters, that would have contributed to her
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theory of how you can put this man in jail,
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because that was her focus. Question, and again, it was you,
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as I think you said earlier this morning, who approved
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the execution of the NPA? Answer, yes. Question, on the
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basis of the evidentiary record as it existed at the time? Answer,
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that is correct. Question, we have spoken on and off
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today about the involvement of the DOJ's Child Exploitation and
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Obscenity Section, or CEOS, in your office's investigation. I just
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wanted to note for the record that the OPR report
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at page 47 notes that Mr. Osterbaughn who, as I understand,
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was the chief of that section, answer, yeah, reviewed Ms.
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Villafana's charging memo, and in an email to Mr. Sloman, Mr. Menschel,
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and Mr. Lurie stated that Ms. Villafana, quote, did a
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terrific job, unquote, and that CEOs, quote, agrees with their
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legal analysis. Her charging decisions are legally sound, end quote.
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Answer on page, question 47. Were you ever made aware
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of Mr. Osterbaum's views? Answer, I was not. and I
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note that Mr. Sloman, Menchel, and Laurie, at various points,
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have stated counter views to that. Mr. Osterbond was invited
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to the meeting that we had in September. He was
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present for that meeting. He understood our approach. I have
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no recollection of him taking me aside and saying Alex
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or Mr. Acosta. I would have been Alex to him
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because I didn't have that level of formality, just so
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you know, dot, dot, dot, question. And am I correct
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that CEOS is the component of the DOJ that's charged
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with specific expertise in sex cases, child exploitation cases? Answer.
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And CEOS was the one who then sent an expert
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to review not just the memo, but the entire file.
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and that expert was the one who said, quote-unquote, it's
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a crapshoot. Question, and that person was a subordinate of Mr. Osterbon. Answer,
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that person was a subordinate, but very experienced. I think
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OPR notes that. A highly experienced prosecutor. Are you guys
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getting the sense here yet that all they do is
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use the OPR report as a shield? Because that's what
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it's for. They investigated themselves, and nobody was held accountable? Okay,
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I guess, if that's how you want to roll. Ms. Stansberry,
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Can I just ask a quick follow-up on that? Mr. Acosta, yeah. Ms. Stansberry,
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so earlier when you said that part of the discussion
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with the team about prosecution, you did mention the quote,
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a crapshoot, that was just with respect to the CEO's
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investigation then, correct? Mr. Acosta, that was with respect if
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we were going to go to trial. Stansberry, but based
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on the evidence around the investigation into these particular materials, Acosta,
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I don't know what you reviewed or didn't review. She
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had access to the full file and whatever was in
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the file. Ms. Stansbury, okay. Question. The OPR report, as
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I read it, concluded that your decision to defer to
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the state was based, at least in part, on your
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interpretation of the DOJ's Petit policy. Is that correct? Answer.
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I think it was influenced by the Petit policy, and
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it was influenced by the idea that there were two
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sovereigns and this was a state case. Question. The report
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concluded that that, or noted rather, that the policy applies
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only to federal prosecution, that follow completed state prosecutions, not
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when a state investigation or prosecution remains pending. Is that correct?
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I think that I said earlier that as a technical matter,
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the Petit policy did not apply because it was not inked.
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The agreement was not inked at the state level, but
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that the fact that it came in through the analysis
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continued to influence how we looked at the case. Question again,
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per the OPR report, It was your decision, as I
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understand it, that the U.S. Attorney's Office should offer Mr.
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Epstein a two-year term of imprisonment. Is that correct? Answer,
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that is correct. Question, okay, how did you arrive at
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the two years? Answer, so my recollection was that he
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would have received if he had gone to jail on
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the original state charges. I would not have had the
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expertise to guess that because I do not know the
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state system as well as the federal system. So I
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would infer that at some point, I asked our supervisory
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team if this had gone right from the beginning, if
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the state attorney had not dropped the ball, what would
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he be serving? And someone told me two years. Question, okay.
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So that brings me back to the question of, why
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not follow Ms. Villafana's recommendation under the federal sentencing guideline
401
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of substantially higher sentence in the range of 160 to
402
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210 months with an upward departure? Answer once again, I
403
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don't think Ms. Villafana's guidelines were on the table, not
404
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because of me, but because everyone in the office favored
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a negotiated resolution. I think the alternative would have been
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a 371. Stansberry, could you clarify what that means? Acosta,
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371 is a federal charge of conspiracy, and it's used
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when you're trying to obtain a negotiated plea. It's not
409
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used exclusively, but it's often used by federal prosecutors. because
410
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a negotiated plea of a 371 with a Rule 11
411
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provides a mechanism for having a term of years that
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someone may agree to. I don't think anyone, something that
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I think is being lost in this, no one in
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the office thought that, oh, two years is enough. No
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one thought that, oh, two years is full justice. The
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question was, do you go to trial and risk them
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getting off entirely, or do you take a certainty of
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a sentence? And how do you, how do you get there?
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And so the idea of what the police were originally seeking...
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is where I sort of ended up. But no one,
421
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no one said, oh, two years is enough. It was
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negotiated plea or risk going to trial. And that's what
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motivated this. A 371 with a rule 11 was the
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alternative that we talked about. To return to our discussion
425
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this morning, the decision to proceed via a state plea
426
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rather than federal charges was a choice, right? Answer, it
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was a choice. And my ultimate decision was to do that.
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I don't think I've implied otherwise. Question, just again, the
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two-year proposed sentence was negotiated down over time, initially 20 months,
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and then ultimately to 18 months, of which Mr. Epstein,
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as we spoke about, only served 13. Why the reduction
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over the course of your negotiations? Answer, so two parts
433
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to it. First, in the negotiations, the prosecuting attorney needs
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some discretion to proceed. She wanted Epstein to go to
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jail just like everyone else, and she had that discretion.
436
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I believe there was a meeting at the state attorney's office.
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This wasn't my recollection. This is the report where it
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went from 24 to 18. And I would support if
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she thought or her supervising attorney thought that that was
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the right outcome. I would support their discretion. That's separate
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and apart from how it was finally served because the
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idea of work release was something that none of us contemplated.
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We had assurances that it would not get that. All
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of us were shocked and upset about that. And had
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we known that he was going to get work release,
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this would not have gone forward, because what we contemplated
447
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was continuous confinement. Question, and in terms of the decision
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to reduce the sentence by a substantial amount, what was Mr.
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Epstein's leverage in your view? Why did the government agree
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to it, and what did it gain from that concession?
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I can't speculate, 20 years after the fact, what the
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leverage was, what the government gained. What the government gained
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is to have Mr. Epstein go to jail. And I
454
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understand the 18 to 24, but to have them actually
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plead guilty and say abuse these victims and go to
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jail and send a signal to Palm Beach where these
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prosecutions hadn't happened, that you can't get away with this was,
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in our view, a substantial interest and a substantial win.
459
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And I understand it's viewed very differently now. And had
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we known back then what we know now, it would
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have proceeded along a different route. And I understand along
462
00:26:07.519 --> 00:26:10.730
the way that the victims weren't fully informed. for reasons
463
00:26:10.769 --> 00:26:13.329
that our office acted in the best motive, but that
464
00:26:13.390 --> 00:26:16.589
left them feeling that we weren't forthright. I get all that.
465
00:26:17.049 --> 00:26:18.829
But having him go to jail was a big deal.
466
00:26:19.309 --> 00:26:21.890
And having him register and tell the world, look, he
467
00:26:21.950 --> 00:26:25.190
is a sex offender, that matters. Question, so if I'm
468
00:26:25.269 --> 00:26:28.809
understanding your testimony correctly, the truncated length of his prison
469
00:26:28.829 --> 00:26:32.190
sentence was the result of the state-based regime that you
470
00:26:32.369 --> 00:26:36.119
opted to pursue over the federal course? Answer, no. What
471
00:26:36.160 --> 00:26:38.380
I was testifying to is the move from, I don't
472
00:26:38.420 --> 00:26:41.240
know why we moved from 24 to 18. That happened
473
00:26:41.259 --> 00:26:44.079
in a negotiation. What I'm trying to convey, and maybe
474
00:26:44.119 --> 00:26:47.730
doing so poorly, is that we can't undervalue the importance
475
00:26:47.829 --> 00:26:50.630
of his going to jail. Question, I think we all
476
00:26:50.690 --> 00:26:53.230
agree on that point. But I think the question remains,
477
00:26:53.549 --> 00:26:57.309
would Mr. Epstein not have faced potentially substantially greater exposure
478
00:26:57.690 --> 00:27:01.170
in terms of sentencing under federal charges, as opposed to
479
00:27:01.210 --> 00:27:04.349
the state charges to which his sentence apparently was conformed?
480
00:27:04.779 --> 00:27:08.480
in the process of negotiating the NPA? Answer, so two
481
00:27:08.539 --> 00:27:11.500
paths on the table were the 371 that might have
482
00:27:11.539 --> 00:27:14.619
been with the Rule 11. They might or might not
483
00:27:14.660 --> 00:27:17.380
have been higher. If they had gone to trial and won,
484
00:27:17.660 --> 00:27:20.089
he certainly would have faced a higher charge. But the
485
00:27:20.130 --> 00:27:22.450
question is, do we go to
trial, or do we
486
00:27:22.490 --> 00:27:25.890
risk losing everything, right? At some point, I forget which attorney,
487
00:27:26.150 --> 00:27:29.630
which of my supervisors said, Question, Mr. Acosta, I think
488
00:27:29.650 --> 00:27:32.339
we agreed this morning that going to trial would was
489
00:27:32.400 --> 00:27:35.119
not your only option. A federal plea was also an option,
490
00:27:35.180 --> 00:27:38.650
wasn't it? Answer a federal plea under 371 with a
491
00:27:38.670 --> 00:27:42.150
Rule 11. Stansbury, and what would the sentence for that
492
00:27:42.190 --> 00:27:45.710
have been? Mr. Acosta, so under Rule 11, you recommend
493
00:27:45.769 --> 00:27:49.119
a plea. The maximum under a 371 would be five years.
494
00:27:49.730 --> 00:27:52.339
I think there was a consensus in the office that
495
00:27:52.440 --> 00:27:55.140
there would not have been pled to five years, and
496
00:27:55.200 --> 00:27:58.259
so we were possibly, may have ended up, putting aside
497
00:27:58.299 --> 00:28:01.359
the whole work release. And I will own that the
498
00:28:01.400 --> 00:28:04.180
state was, that I should have expected the state to
499
00:28:04.220 --> 00:28:06.299
sort of drop the ball on that, and the OPR
500
00:28:06.319 --> 00:28:09.319
is correct. But under 371, the sentence would have been,
501
00:28:09.700 --> 00:28:13.180
it depended what we negotiated. Alright folks, we're going to
502
00:28:13.200 --> 00:28:15.599
wrap up right here, and in the next episode, dealing
503
00:28:15.619 --> 00:28:17.299
with the topic we're going to pick up where we
504
00:28:17.339 --> 00:28:19.910
left off. All of the information that goes with this
505
00:28:19.970 --> 00:28:23.970
episode can be found in the description box. What's up everyone,
506
00:28:24.069 --> 00:28:27.660
and welcome to another episode of the Epstein Chronicles. In
507
00:28:27.680 --> 00:28:29.339
this episode, we're going to pick up where we left
508
00:28:29.480 --> 00:28:33.920
off with the deposition of Alex Acosta. Once again, Alex
509
00:28:33.980 --> 00:28:36.759
Acosta is doing the answering and a whole host of
510
00:28:36.779 --> 00:28:41.470
people are doing the questioning. Question. I'm just going to
511
00:28:41.549 --> 00:28:45.250
note another one of the CEO's Chief Osterbond's express views
512
00:28:45.609 --> 00:28:47.970
as set forth in the OPR report. This is at
513
00:28:47.990 --> 00:28:51.650
page 95, which notes that Mr. Osterbond reviewed the NPA
514
00:28:51.970 --> 00:28:54.700
and told Mr. Lurie that he is, quote, not thrilled
515
00:28:54.740 --> 00:29:00.059
about the NPA. described Epstein's conduct as unusually, quote-unquote, egregious,
516
00:29:00.640 --> 00:29:03.579
particularly because of its serious nature, and observed that the
517
00:29:03.680 --> 00:29:07.549
NPA was, quote, pretty advantageous for the defendant and not
518
00:29:07.609 --> 00:29:11.150
at all that helpful for the victims, unquote. Were you
519
00:29:11.230 --> 00:29:15.750
aware of Mr. Osterbaum's view in that respect? Answer two points. First,
520
00:29:15.869 --> 00:29:18.170
I was not aware of that. But secondly, I would
521
00:29:18.230 --> 00:29:21.150
note that took place after the agreement had been signed,
522
00:29:21.569 --> 00:29:23.650
and Mr. Osterbaum was in our office for the meeting,
523
00:29:24.029 --> 00:29:26.970
where the terms were talked about and presented and had
524
00:29:27.029 --> 00:29:29.519
opportunity to speak up at the time. He didn't have
525
00:29:29.559 --> 00:29:31.819
to speak up. He may have assumed that he had
526
00:29:31.859 --> 00:29:37.450
previously communicated his views, but that was an after-the-fact email. Question,
527
00:29:37.849 --> 00:29:40.380
briefly with respect to the review that took place both
528
00:29:40.420 --> 00:29:45.519
in your office and at Maine Justice, Robert Sr., quote,
529
00:29:45.740 --> 00:29:48.559
concluded that the proposed charges were sound and he told
530
00:29:48.599 --> 00:29:51.940
Acosta that he would approve proceeding with the federal case, unquote.
531
00:29:52.380 --> 00:29:55.849
Do you recall Mr. Sr. communicating that to you? Answer,
532
00:29:55.930 --> 00:29:58.650
so that took place when we thought after the NPA
533
00:29:58.690 --> 00:30:01.670
had been signed. after we had already agreed. We thought,
534
00:30:02.029 --> 00:30:04.750
he may never follow through. It's been a while since
535
00:30:04.769 --> 00:30:08.569
we've looked at the case afresh. And so investigation may
536
00:30:08.630 --> 00:30:11.150
take place in the interim. So let's have the new
537
00:30:11.190 --> 00:30:13.569
criminal chief review it soup to nuts. And if we
538
00:30:13.589 --> 00:30:15.549
have to go to trial, are we ready to go
539
00:30:15.569 --> 00:30:17.769
to trial? And he said, yes, if you have to
540
00:30:17.789 --> 00:30:20.349
go to trial, you're ready to go to trial. The
541
00:30:20.390 --> 00:30:22.970
question was not how you proceed or would you favor
542
00:30:23.029 --> 00:30:25.930
a negotiated plea. The question would be, if we have
543
00:30:25.950 --> 00:30:28.170
to go to trial, can we drop it? Can we
544
00:30:28.230 --> 00:30:31.890
drop an indictment? Question, and is that an accurate account
545
00:30:31.950 --> 00:30:35.259
of what Mr. Senior communicated to you? Answer, I believe
546
00:30:35.299 --> 00:30:37.920
that's what he said. If we have to go to trial,
547
00:30:38.059 --> 00:30:41.819
we can be ready. That wasn't how we should proceed.
548
00:30:42.240 --> 00:30:45.240
This wasn't about viability of a case or a balance
549
00:30:45.279 --> 00:30:48.710
between a negotiated plea and going to trial. That is,
550
00:30:49.230 --> 00:30:50.910
if we have to go to trial, do we have
551
00:30:50.970 --> 00:30:53.589
enough or do we have to do more? Question, let
552
00:30:53.609 --> 00:30:56.450
me try it a different way. Any reason to believe
553
00:30:56.470 -->
00:31:00.069
that the quote I just read into the record is inaccurate? Answer,
554
00:31:00.829 --> 00:31:03.029
I believe that it's taken out of context given the
555
00:31:03.069 --> 00:31:05.890
time that the review took place and why the review
556
00:31:05.930 --> 00:31:08.750
took place. The defense counsel at the time was charging
557
00:31:09.009 --> 00:31:12.089
that we had insufficient grounds for going to trial. This
558
00:31:12.150 --> 00:31:16.180
was during the debate. Question, Mr. Acosta, I understand the
559
00:31:16.200 --> 00:31:19.240
context as you've just laid out, but my question is simply,
560
00:31:19.599 --> 00:31:24.319
are the quoted words accurate? Did Mr. Senior say that? answer,
561
00:31:24.559 --> 00:31:27.279
and my response is that it's taken out of context
562
00:31:27.539 --> 00:31:30.359
because the question was not, as you're implying with respect,
563
00:31:30.640 --> 00:31:33.660
how should we proceed? The question is, we are being
564
00:31:33.720 --> 00:31:36.960
told that we're acting unethically because we do not have
565
00:31:36.980 --> 00:31:40.470
a federal case. And so, Mr. Senior, you haven't been involved.
566
00:31:40.710 --> 00:31:42.829
Take a look and tell us if you believe that
567
00:31:42.890 --> 00:31:45.829
this is an ethical case to bring, if the arguments
568
00:31:45.890 --> 00:31:48.529
are strong enough, that if we have to go to trial,
569
00:31:48.769 --> 00:31:52.039
we can do it in an ethical manner. Not hearing
570
00:31:52.079 --> 00:31:55.559
you disputing Mr. Senor's words, I'll move on. The report
571
00:31:55.599 --> 00:31:58.960
goes on to note that upon additional review by CEOS,
572
00:31:59.220 --> 00:32:02.900
which concluded in May of 2008, the section concluded that, quote,
573
00:32:03.240 --> 00:32:09.359
federal prosecution in this case would not be improper or inappropriate, unquote. Again,
574
00:32:09.619 --> 00:32:13.099
is that consistent with your recollection? Answer again, the context
575
00:32:13.539 --> 00:32:16.119
of that is that there was an appeal to Washington
576
00:32:16.160 --> 00:32:19.759
saying that federal prosecution would be improper, period, full stop.
577
00:32:20.140 --> 00:32:23.559
Negotiated plea. Going to trial. That we did not have
578
00:32:23.599 --> 00:32:26.859
a case even to obtain a two-year sentence. That we
579
00:32:26.900 --> 00:32:30.559
had to drop the case. Question. And in that context? Answer.
580
00:32:30.940 --> 00:32:34.440
And in that context, CEOS concluded that we could go
581
00:32:34.529 --> 00:32:37.970
forward as we had been doing. Question. And just with
582
00:32:38.029 --> 00:32:41.000
respect to the question in general of review, both at
583
00:32:41.039 --> 00:32:44.619
senior levels within your office and at main justice, how
584
00:32:44.720 --> 00:32:47.279
common in your experience is it for the target of
585
00:32:47.319 --> 00:32:50.819
a federal criminal investigation to obtain that amount of attention
586
00:32:51.059 --> 00:32:55.299
and review as Mr. Epstein did? Answer, in my experience,
587
00:32:55.700 --> 00:32:58.109
I've never had a case that has been elevated to
588
00:32:58.140 --> 00:33:01.710
that level. That said, several high-profile cases have been done,
589
00:33:02.089 --> 00:33:05.250
like Jack Abramoff was done in conjunction with others, were
590
00:33:05.289 --> 00:33:08.269
done in conjunction with main justice, but that is the
591
00:33:08.329 --> 00:33:11.609
only case where multiple levels of review were granted by
592
00:33:11.670 --> 00:33:15.990
Maine Justice. Question, would you agree that the notoriety of Mr.
593
00:33:16.069 --> 00:33:19.789
Epstein's counsel, along with their multiple connections to senior personnel
594
00:33:19.829 --> 00:33:23.549
at the DOJ, helped him secure that level of attention? Answer,
595
00:33:23.950 --> 00:33:26.710
I'm not going to speculate why DOJ granted the reviews.
596
00:33:26.970 --> 00:33:29.109
They did, and people have a right to request a
597
00:33:29.150 --> 00:33:33.170
review by Maine Justice. Question, so without speculating, in the
598
00:33:33.210 --> 00:33:36.049
specific case, would you agree that as a general matter,
599
00:33:36.109 --> 00:33:40.759
criminal targets with prominent highly placed, well-connected counsel, are more
600
00:33:40.819 --> 00:33:44.539
likely to receive that type of attention at DOJ? Answer again.
601
00:33:44.900 --> 00:33:47.660
I'm not going to speculate. He received the reviews and
602
00:33:47.720 --> 00:33:50.769
our office was reviewed and we received permission to go forward.
603
00:33:51.630 --> 00:33:54.390
The argument that they presented at the meeting in Miami
604
00:33:54.710 --> 00:33:57.470
was that this wasn't a federal case, that it was
605
00:33:57.529 --> 00:33:59.630
a state case, and that we should drop the case.
606
00:34:00.309 --> 00:34:02.549
I refused to drop the case. They went to the
607
00:34:02.569 --> 00:34:05.890
criminal division. They asked the same question. The criminal division
608
00:34:05.910 --> 00:34:08.320
said I had the authority to go forward. They went
609
00:34:08.340 --> 00:34:11.380
to the Deputy Attorney General's office. They asked the same question.
610
00:34:11.760 --> 00:34:14.019
The Deputy Attorney General said I had the authority to
611
00:34:14.059 --> 00:34:19.860
go forward. Mr. Acosta questioned FBI Director Kash Patel, testified
612
00:34:19.900 --> 00:34:23.699
before the House Judiciary Committee on Wednesday. And during his testimony,
613
00:34:23.719 --> 00:34:26.599
he stated, quote, the original sin on the Epstein case
614
00:34:27.039 --> 00:34:30.159
was how it was handled by Mr. Acosta when he
615
00:34:30.199 --> 00:34:31.599
first brought the case in 2006, 2007, and 2008. And Dr.
616
00:34:31.619 --> 00:34:39.780
Patel continued, quote, Mr. Acosta allowed Mr. Epstein to enter
617
00:34:39.800 --> 00:34:42.119
into a plea agreement where he served weeks in
jail
618
00:34:42.340 --> 00:34:46.230
for trafficking minor women. Do you have a response to that? Answer, Mr.
619
00:34:46.269 --> 00:34:48.929
Patel is entitled to say what he wants. I think
620
00:34:48.969 --> 00:34:51.510
I've been very clear. The work release was granted by
621
00:34:51.550 --> 00:34:54.909
the Palm Beach Sheriff. Our office opposed it. Our office
622
00:34:54.929 --> 00:34:58.679
had every expectation that he would have continuous confinement. We
623
00:34:58.719 --> 00:35:01.579
were upset, more than upset. We were, what's the polite
624
00:35:01.619 --> 00:35:04.099
word for ticked off? I'll say ticked off. We were
625
00:35:04.159 --> 00:35:07.880
ticked off that he didn't do so. our office transmitted
626
00:35:07.900 --> 00:35:11.340
an objection to the correctional department of Palm Beach. Our
627
00:35:11.480 --> 00:35:14.179
office was upset over the manner in which he obtained this,
628
00:35:14.579 --> 00:35:16.800
because the place where he was doing work release was
629
00:35:16.840 --> 00:35:20.090
shady at best. And so, it was what it was.
630
00:35:20.449 --> 00:35:22.889
We weren't happy. You know, if we had known that
631
00:35:22.929 --> 00:35:24.989
he'd be out on work release, we would have never
632
00:35:25.050 --> 00:35:28.269
gone through with this. We insisted, and actually at multiple
633
00:35:28.309 --> 00:35:31.889
points obtained assurances, that it would be continuous confinement, but
634
00:35:31.969 --> 00:35:34.829
clearly somehow Palm Beach gave it to him. Question number
635
00:35:35.159 --> 00:35:38.599
Fair to say you disagree with Director Patel? Answer, I'm
636
00:35:38.619 --> 00:35:41.000
not here to create a clash between one person or another.
637
00:35:41.380 --> 00:35:43.599
I'm here to give my views. And I'm not about
638
00:35:43.619 --> 00:35:46.619
the quick headline. That's not who I am. Ms. Stansbury,
639
00:35:47.119 --> 00:35:49.610
I'm just so perplexed. You know, this is one of
640
00:35:49.650 --> 00:35:52.010
those cases where the more you learn about it, the
641
00:35:52.050 --> 00:35:54.809
more and more it becomes perplexing. I want to just
642
00:35:54.829 --> 00:35:57.230
dig in a little bit about... She gets cut off
643
00:35:57.269 --> 00:36:01.090
by Acosta, yeah. Stansbury, the federal nexus piece of this.
644
00:36:01.650 --> 00:36:03.500
And I know you had some things you wanted to say...
645
00:36:03.820 --> 00:36:08.079
about transportation. Acosta, yeah. Stansberry, and at the time of
646
00:36:08.139 --> 00:36:11.260
which the investigation occurred, prior to the recommendation that you
647
00:36:11.280 --> 00:36:14.460
gave for a non-prosecution agreement, there had already been victim
648
00:36:14.510 --> 00:36:18.429
witness statements taken that indicated that Jeffrey Epstein had taken
649
00:36:18.449 --> 00:36:21.750
young women and children on his plane, transported them across
650
00:36:21.769 --> 00:36:26.750
state lines, correct? Acosta, not to my knowledge. Stansberry, Virginia
651
00:36:26.789 --> 00:36:30.420
Roberts' statement had not yet been in the record. Acosta, again,
652
00:36:30.440 --> 00:36:33.590
I don't know what statement that was. not to my knowledge.
653
00:36:34.710 --> 00:36:37.510
Here it goes to your point. The managing attorney for,
654
00:36:38.070 --> 00:36:41.329
he gets cut off by Stansberry. Did you, just before
655
00:36:41.429 --> 00:36:44.550
you go into that though, again, perplexing to me. So
656
00:36:44.730 --> 00:36:46.989
I know you said that you did not review the
657
00:36:47.050 --> 00:36:53.179
investigatory interviews yourself. So you're relying then on secondary information. Acosta,
658
00:36:53.199 --> 00:36:56.039
so if I could, simply the managing attorney, Mr. Lurie,
659
00:36:56.820 --> 00:36:59.860
Lori believed the defense argument that Epstein did not travel
660
00:37:00.070 --> 00:37:03.170
to Florida, quote, with the purpose of engaging in illicit
661
00:37:03.190 --> 00:37:07.309
sex with a minor was more persuasive. So he believed
662
00:37:07.349 --> 00:37:09.769
the defense argument that Epstein did not travel to Florida
663
00:37:09.969 --> 00:37:14.010
with the purpose was more persuasive. Ms. Stansbury, but that's
664
00:37:14.030 --> 00:37:17.210
not the question I asked. Mr. Acosta, it's the question,
665
00:37:17.449 --> 00:37:20.449
and here's why. Because we wouldn't have had this internal
666
00:37:20.489 --> 00:37:23.659
debate over whether the purpose of his flying to New
667
00:37:23.699 --> 00:37:26.110
York to Florida was was to have sex and whether
668
00:37:26.190 --> 00:37:28.809
that had to be the purpose or the dominant purpose
669
00:37:29.190 --> 00:37:31.530
if we had evidence that he actually transported a minor
670
00:37:31.809 --> 00:37:35.179
to engage in sex trafficking. So if we had the
671
00:37:35.260 --> 00:37:38.579
evidence that you talked about, the supervisory chain would not
672
00:37:38.599 --> 00:37:43.550
have been engaging in this secondary discussion or finding a workaround. Ms. Stansbury,
673
00:37:43.929 --> 00:37:45.809
I do want to press on that just a little bit.
674
00:37:47.349 --> 00:37:49.610
I mean, the committing of crimes across the state border...
675
00:37:49.730 --> 00:37:52.530
regardless of intent to commit the crime across the state border,
676
00:37:52.789 --> 00:37:56.269
is still a federal crime if it happens across the state. Acosta,
677
00:37:56.730 --> 00:37:58.949
so to my recollection, we did not, based on this,
678
00:37:59.309 --> 00:38:01.780
we did not have evidence that he was transporting minors
679
00:38:02.099 --> 00:38:06.420
across state lines for purposes of sex. Stansberry, okay, so
680
00:38:06.480 --> 00:38:08.699
this is where I would like to follow up. So
681
00:38:08.739 --> 00:38:12.469
in the negotiation of the non-prosecution agreement, as the plea
682
00:38:12.489 --> 00:38:15.510
agreement that was at the heart of the non-prosecution
agreement,
683
00:38:16.070 --> 00:38:20.130
as I'm understanding it, Ms. Villafana engaged in direct negotiations
684
00:38:20.389 --> 00:38:26.079
with Jay Lefkowitz. Neiman, Lefkowitz, Lefkowitz, thank you. Stansberry, and
685
00:38:26.139 --> 00:38:29.599
so we do have copies of correspondence that was held
686
00:38:29.619 --> 00:38:33.300
by email between Epstein's attorneys and the line prosecutor that
687
00:38:33.320 --> 00:38:35.829
was instructed to pursue the plea agreement, and they went
688
00:38:35.869 --> 00:38:38.710
back and forth about what state crime Jeffrey Epstein would
689
00:38:38.750 --> 00:38:43.980
plea to, right? Acosta, uh-huh. Stansberry, And in this correspondence specifically,
690
00:38:44.199 --> 00:38:47.199
there was a discussion about the possibility of maybe Mr.
691
00:38:47.280 --> 00:38:50.449
Epstein could plead guilty to some sort of assault on
692
00:38:50.469 --> 00:38:53.989
his plane. And in that correspondence, it's literally said by
693
00:38:54.010 --> 00:38:56.829
the line prosecutor, no, we can't do that because it's
694
00:38:56.849 --> 00:39:03.449
illegal under U.S. Code 49-46-506, meaning it's a federal crime. So,
695
00:39:03.550 --> 00:39:06.440
in fact, your own line prosecutor was aware that there
696
00:39:06.480 --> 00:39:10.940
were women being transported across state lines. and it was
697
00:39:11.019 --> 00:39:13.059
at the heart of the plea agreement that she was
698
00:39:13.110 --> 00:39:16.909
specifically talking to Epstein's attorney about negotiating a state plea
699
00:39:17.250 --> 00:39:21.489
rather than a federal plea. Mr. Acosta, so with respect,
700
00:39:21.750 --> 00:39:24.110
and I'd have to see the full content of what
701
00:39:24.150 --> 00:39:27.349
you're quoting from, I don't interpret that as saying that
702
00:39:27.409 --> 00:39:30.579
she was aware that victims were being transported. across state
703
00:39:30.619 --> 00:39:33.280
lines for the purpose of sex, and the assault charge
704
00:39:33.300 --> 00:39:36.050
was something that, if it had come up, I think
705
00:39:36.090 --> 00:39:40.349
this went beyond assault. Assault would not have been a registrable, Stansberry.
706
00:39:40.949 --> 00:39:43.650
It's an actual email between a federal prosecutor and the
707
00:39:43.690 --> 00:39:46.389
defendant's attorney, and I'll just read it. Quote, Hi Jay.
708
00:39:46.719 --> 00:39:49.579
I looked at some 11th Circuit cases on simple assault
709
00:39:49.860 --> 00:39:54.599
and found some good language. I also learned that every moment, Acosta,
710
00:39:54.659 --> 00:39:57.619
on simple assault, you said? Stansberry, yeah. She's in the
711
00:39:57.639 --> 00:40:01.000
middle of negotiating. Acosta, right. But she looked at the
712
00:40:01.099 --> 00:40:05.360
11th Circuit on what kind of simple assault? Ms. Stansberry,
713
00:40:05.800 --> 00:40:10.230
this says simple assault. Acosta, okay. Stansberry. And then the
714
00:40:10.269 --> 00:40:13.429
next sentence says, I learned that every moment that one
715
00:40:13.489 --> 00:40:16.820
is aboard an enclosed civil aeroplane, They are in the
716
00:40:16.880 --> 00:40:20.920
quote-unquote special aircraft jurisdiction of the United States. So the
717
00:40:20.960 --> 00:40:25.619
assault charge is really a violation of U.S. Code 49-46-506,
718
00:40:26.519 --> 00:40:28.900
which doesn't change the penalty. And so the nature of
719
00:40:28.940 --> 00:40:31.980
this correspondence is that she actually is talking to Epstein's
720
00:40:32.039 --> 00:40:34.900
attorney to come up with a state plea. And so
721
00:40:34.940 --> 00:40:37.579
she's saying you can't use that plea because it makes
722
00:40:37.599 --> 00:40:41.579
this a federal crime. Do you see what I'm saying? Mr. Acosta,
723
00:40:41.860 --> 00:40:44.340
so I'm not sure that again, I'm not sure that's
724
00:40:44.380 --> 00:40:46.570
what she's saying. And at some point, you know, in
725
00:40:46.610 --> 00:40:49.829
this negotiation process, she really focused on getting him in
726
00:40:49.869 --> 00:40:52.650
jail and was starting to get creative with some statutes.
727
00:40:53.090 --> 00:40:55.929
And ultimately, that didn't go anywhere because you can't get
728
00:40:55.969 --> 00:40:59.949
that creative. Whatever he pled had to be registrable, in
729
00:40:59.989 --> 00:41:04.590
my opinion. And again, the office had extensive discussions about
730
00:41:04.630 --> 00:41:08.409
travel and about the travel to Florida statute. Those discussions,
731
00:41:08.610 --> 00:41:10.989
we would have not had the entire line of discussions
732
00:41:11.070 --> 00:41:13.949
if there was evidence that he transported minors for purposes
733
00:41:14.010 --> 00:41:18.079
of sex. I can't recreate 20 years later what may
734
00:41:18.119 --> 00:41:21.280
have been in someone else's mind in an email. What
735
00:41:21.400 --> 00:41:23.860
I can talk to is it wouldn't have made sense
736
00:41:23.920 --> 00:41:27.659
to have those extensive discussions and debates about dominant or
737
00:41:27.699 --> 00:41:31.360
a purpose if there was an easier path to follow. Ms. Stansbury,
738
00:41:31.639 --> 00:41:33.679
but let me ask you this. Was it normal for
739
00:41:33.719 --> 00:41:37.320
a federal prosecutor who was recommending federal charges to engage
740
00:41:37.340 --> 00:41:40.280
in back and forth email with the defendant's attorney, giving
741
00:41:40.300 --> 00:41:45.610
them ideas for potential lesser crimes that they could plead to? Stansberry,
742
00:41:45.780 --> 00:41:49.360
did you explain that or experience that in other cases? Stansberry,
743
00:41:49.619 --> 00:41:53.099
just a yes or no. Acosta, so? Stansberry, did that
744
00:41:53.179 --> 00:41:57.760
happen during your time as U.S. Attorney in other cases? Acosta,
745
00:41:57.840 --> 00:41:59.820
so first, I don't have the benefit of all these
746
00:41:59.920 --> 00:42:04.039
emails in all these cases because the case is fairly unique. Stansberry,
747
00:42:04.099 --> 00:42:07.400
but just. Acosta cuts her off. But secondly, I think Ms.
748
00:42:07.420 --> 00:42:10.739
Villafana was asked about that in the OPR, and I
749
00:42:10.780 --> 00:42:16.780
do want to defend her for a Acosta, you know,
750
00:42:17.159 --> 00:42:20.019
Stansberry cuts him off, I'm asking you about the prosecution
751
00:42:20.059 --> 00:42:23.500
of the case. Acosta, but I think her answer to
752
00:42:23.599 --> 00:42:26.769
OPR was, you know, look, she believes it's really, that's
753
00:42:26.829 --> 00:42:29.269
part of who she is as a prosecutor, is to
754
00:42:29.309 --> 00:42:32.289
be friendly and to have these discussions. And that in
755
00:42:32.369 --> 00:42:34.750
no way should be led, should lead anyone to think
756
00:42:34.769 --> 00:42:37.590
she's anything but a tough prosecutor. That in no way
757
00:42:37.630 --> 00:42:40.300
should imply that she was anything less than fully, fully
758
00:42:40.340 --> 00:42:44.610
dedicated to putting him in jail. Ms. Stansberry, but when
759
00:42:44.659 --> 00:42:47.579
you made the decision, because you said it multiple times today,
760
00:42:47.880 --> 00:42:50.880
that you were going to proceed to pursue federal prosecution
761
00:42:51.219 --> 00:42:53.820
and were going to go to the non-prosecution agreement, did
762
00:42:53.840 --> 00:42:56.420
you direct her or someone in her chain of command
763
00:42:56.739 --> 00:43:00.059
to look for a less strict crime under state jurisdiction
764
00:43:00.079 --> 00:43:04.000
for him to plead to? Acosta, no. The decision was
765
00:43:04.039 --> 00:43:07.139
made to proceed. She went forward and then she negotiated
766
00:43:07.179 --> 00:43:10.519
this using her best judgment. Stansberry, did you personally speak
767
00:43:10.539 --> 00:43:14.119
to Epstein's attorneys at any point during the negotiation? Acosta,
768
00:43:14.449 --> 00:43:16.710
so as I've said previously, they asked for a meeting.
769
00:43:17.369 --> 00:43:19.409
I thought the case would go to Washington. I thought
770
00:43:19.429 --> 00:43:21.130
it was better to have the meeting in the office.
771
00:43:21.510 --> 00:43:23.829
We granted the meeting. I was there. She was there.
772
00:43:24.070 --> 00:43:26.389
The first assistant was there. The criminal chief was there.
773
00:43:26.750 --> 00:43:29.570
Representatives of the FBI were there. The managing attorney of
774
00:43:29.610 --> 00:43:32.300
the Palm Beach office was there. They came in. They
775
00:43:32.380 --> 00:43:34.380
asked us to drop the case. I think they said
776
00:43:34.400 --> 00:43:37.059
in the alternative, do some kind of home confinement thing.
777
00:43:38.849 --> 00:43:41.110
Their argument was that it's a local crime, not a
778
00:43:41.130 --> 00:43:43.489
federal crime, and that we don't have evidence to make
779
00:43:43.530 --> 00:43:46.369
it a federal crime. I said, I've heard you. Can
780
00:43:46.389 -->
00:43:48.590
you please leave the room? I looked around. I said,
781
00:43:48.630 --> 00:43:51.269
does anyone disagree with our approach? No one spoke up.
782
00:43:52.150 --> 00:43:54.460
They came back in and said, we've heard you, but
783
00:43:54.500 --> 00:44:00.719
we're proceeding as we see fit. And the meeting concluded. Stansberry,
784
00:44:01.119 --> 00:44:03.800
did you socialize with them outside of the office? Acosta,
785
00:44:03.820 --> 00:44:06.139
not during this time. I knew them before, and we've
786
00:44:06.159 --> 00:44:10.039
talked about that, but during the negotiation... Stansberry, at any
787
00:44:10.139 --> 00:44:13.940
point between the beginning of the DOJ FBI investigation and
788
00:44:13.960 --> 00:44:17.280
the execution of the non-prosecution agreement, did you ever socialize
789
00:44:17.300 --> 00:44:21.280
with Jeffrey Epstein's attorneys? Acosta, I did not socialize. There
790
00:44:21.320 --> 00:44:23.760
was a breakfast meeting that took place after the agreement
791
00:44:23.780 --> 00:44:26.599
was signed. We talked about that at the breakfast meeting.
792
00:44:26.900 --> 00:44:29.139
It was 20 years ago. I don't remember the content.
793
00:44:30.260 --> 00:44:33.760
My informed speculation is that when they were trying to
794
00:44:33.780 --> 00:44:36.969
recuse Ms. Villafana from the case, the agreement had already
795
00:44:36.989 --> 00:44:40.530
been signed. She was recommending associate of her boyfriend, as
796
00:44:40.570 --> 00:44:42.969
we'll call it, the special master, the person that was
797
00:44:42.989 --> 00:44:46.269
going to help obtain monetary recoveries for the victims. I'm
798
00:44:46.289 --> 00:44:48.769
going to speculate it would have made sense for me
799
00:44:48.789 --> 00:44:50.610
to find out what they were trying to recuse her
800
00:44:50.659 --> 00:44:53.840
for and what the specifics were. We decided not to
801
00:44:53.860 --> 00:44:56.000
recuse her from the case. We thought that she did
802
00:44:56.059 --> 00:45:00.000
not act incorrectly. Other than that, I have no recollection
803
00:45:00.480 --> 00:45:04.119
of any social interaction with them. And I should add,
804
00:45:04.139 --> 00:45:06.760
I was in Miami, they were in Washington, so it
805
00:45:06.800 --> 00:45:09.320
was different cities as well. Alright, we're going to wrap
806
00:45:09.389 --> 00:45:11.730
up right here, and in the next episode, we're going
807
00:45:11.750 --> 00:45:14.429
to finish this bad boy off. All of the information
808
00:45:14.449 --> 00:45:16.909
that goes with this episode can be found in the
809
00:45:16.949 --> 00:45:20.210
description box. What's up everyone, and welcome to another episode
810
00:45:20.590 --> 00:45:23.389
of the Epstein Chronicles. In this episode, we're getting right
811
00:45:23.409 --> 00:45:26.550
back to that Alex Acosta deposition, and we're going to
812
00:45:26.570 --> 00:45:31.719
finish it off. SANSBURY Going back to the federal nexus,
813
00:45:32.159 --> 00:45:35.099
it's our understanding that there were financial records collected as
814
00:45:35.139 --> 00:45:39.699
part of the investigation that included an investigation into international
815
00:45:39.800 --> 00:45:43.579
wire transfers. Are you aware of that? Mr. Acosta, I
816
00:45:43.619 --> 00:45:46.659
don't recall a financial aspect to this. We were focused
817
00:45:46.699 --> 00:45:51.510
on the inappropriate acts that took place in Palm Beach. Ms. Stansberry,
818
00:45:51.750 --> 00:45:55.269
was it ever discussed as part of the federal investigation? Acosta,
819
00:45:55.289 --> 00:45:58.869
this was 20 years ago. I don't remember. Stansberry, you
820
00:45:58.889 --> 00:46:02.110
don't recall whether or not In the most high-profile cases
821
00:46:02.159 --> 00:46:05.619
of your life that led to your resignation from the administration,
822
00:46:05.960 --> 00:46:10.440
whether or not the financial transactions were investigated? Stansberry, as
823
00:46:10.539 --> 00:46:14.519
part of the investigation? Acosta, with respect, with respect. At
824
00:46:14.559 --> 00:46:17.250
the time, it was high-profile. It was not the most
825
00:46:17.289 --> 00:46:21.469
high-profile case of my life at the time. Ms. Stansberry? Okay,
826
00:46:21.489 --> 00:46:27.869
that's fine. Acosta, but the focus. Stansberry, but in any case. Acosta, right. Stansberry,
827
00:46:28.170 --> 00:46:31.550
it's established fact. Okay, you know, we've been working with
828
00:46:31.610 --> 00:46:35.150
the majority to get copies of the financial records. Acosta,
829
00:46:35.289 --> 00:46:39.309
could I ask a question? Stansberry, yes. Acosta, are there
830
00:46:39.349 --> 00:46:42.550
communications about a financial aspect to the case? Are there,
831
00:46:42.590 --> 00:46:46.389
you know, we've got a full OPR report here, 300 pages.
832
00:46:46.789 --> 00:46:49.289
I don't believe that there's references to a financial respect
833
00:46:49.309 --> 00:46:52.510
to the case in the OPR report. All by design,
834
00:46:52.780 --> 00:46:56.280
like I've told you. The idea of this OPR report
835
00:46:56.500 --> 00:46:59.519
was to give people like Acosta cover. So when they
836
00:46:59.559 --> 00:47:01.840
finally get called on the carpet, they can refer back
837
00:47:01.880 --> 00:47:04.329
to the report and wrap themselves in it like armor.
838
00:47:04.849 --> 00:47:08.630
And that's exactly what we've seen Acosta do. Stansberry, I'm
839
00:47:08.769 --> 00:47:13.150
asking you, Acosta, but Stansberry, if Acosta, but you said
840
00:47:13.429 --> 00:47:17.030
it was an established fact. Stansberry, well, let me, Acosta,
841
00:47:17.349 --> 00:47:21.420
gently questioning how much of an established fact. Stansberry, you
842
00:47:21.440 --> 00:47:24.179
were the prosecutor, not me. I'm asking you questions to
843
00:47:24.219 --> 00:47:28.030
understand what you investigated. So, what I'm trying to understand is,
844
00:47:28.289 -->
00:47:31.150
did you look at potential financial crimes and discuss that
845
00:47:31.230 --> 00:47:33.429
as part of the decision as to whether or not
846
00:47:33.469 --> 00:47:37.869
to pursue federal charges? Acosta, to my recollection, the discussion
847
00:47:37.909 --> 00:47:41.409
was focused on the sex crimes. Stansberry, and why not
848
00:47:41.449 --> 00:47:44.809
on the financial crimes? Acosta, again, this was 20 years ago.
849
00:47:45.179 --> 00:47:48.500
I can't speak to that. Ms. Stansberry, was that not
850
00:47:48.559 --> 00:47:52.659
part of what was recommended through the line prosecutor? Acosta, again,
851
00:47:52.719 --> 00:47:55.230
I can't speak to that. I do not recall the
852
00:47:55.269 --> 00:47:57.920
discussions over financial. If there have been, you know, a
853
00:47:57.949 --> 00:48:01.420
federal nexus on financial crimes, again, we wouldn't have had
854
00:48:01.719 --> 00:48:06.400
these long discussions about a federal nexus. Stansbury, okay. Well,
855
00:48:06.699 --> 00:48:09.119
we'll see where the evidence leads us. I think I'm
856
00:48:09.139 --> 00:48:12.880
done with that line. If you have other things, Mr. Anzari,
857
00:48:13.280 --> 00:48:16.960
do you have anything else you want to ask? Anzari, no. Stansbury,
858
00:48:17.300 --> 00:48:19.610
give me one moment here. I think the final set
859
00:48:19.650 --> 00:48:22.969
of questions that we had were around the FBI's recommendations
860
00:48:23.010 --> 00:48:26.630
to arrest Mr. Epstein. Based on communications that were transmitted
861
00:48:26.650 --> 00:48:29.849
to us, it looks like the FBI communicated that they
862
00:48:29.889 --> 00:48:32.730
had prepared to arrest Mr. Epstein in the case, but
863
00:48:32.789 --> 00:48:37.969
that the U.S. Attorney's Office had essentially interfered in the arrest. Mr. Acosta,
864
00:48:38.269 --> 00:48:41.110
so let me ask that question. Then I want to
865
00:48:41.159 --> 00:48:44.119
back up to your prior question about financial crimes. I
866
00:48:44.159 --> 00:48:46.219
believe what you're referring to is a request to go
867
00:48:46.280 --> 00:48:48.800
forward when he was in the Virgin Islands. That was
868
00:48:48.840 --> 00:48:51.619
discussed a little bit earlier today. And what I pointed
869
00:48:51.739 --> 00:48:55.110
out at the time, What we had was a draft
870
00:48:55.150 --> 00:48:57.570
memo to go forward. That memo had not been vetted
871
00:48:57.630 --> 00:49:00.869
by the supervisory chain in every case, not just this case.
872
00:49:01.230 --> 00:49:04.050
The prosecuting attorney writes a memo. They write a draft.
873
00:49:05.110 --> 00:49:07.929
That draft gets vetted. It gets changed. Not everyone in
874
00:49:07.949 --> 00:49:11.510
the office agrees. The charges are changed. I believe at
875
00:49:11.530 --> 00:49:14.809
that point, her direct supervisor had already commented that he
876
00:49:14.849 --> 00:49:17.670
did not agree with her charging decisions, and that was
877
00:49:17.710 --> 00:49:20.980
the beginning of a conversation on how to charge. And
878
00:49:21.019 --> 00:49:22.579
so it would not be the case that a U.S.
879
00:49:22.619 --> 00:49:25.699
Attorney's Office would authorize an arrest on a draft document
880
00:49:26.079 --> 00:49:28.860
that hasn't been approved by the immediate supervisor and is
881
00:49:28.880 --> 00:49:32.280
still being drafted. Stansberry, and why did you not sign
882
00:49:32.340 --> 00:49:34.869
off on it, or why did the supervisor not sign
883
00:49:34.929 --> 00:49:38.170
off on it? Acosta, so based on the OPR report,
884
00:49:38.590 --> 00:49:40.949
Not a fucking thought of his own, huh? OPR this,
885
00:49:41.090 --> 00:49:44.639
OPR that. Vafangul to the OPR report and anyone involved
886
00:49:44.679 --> 00:49:47.599
in it. I believe that there was a difference of
887
00:49:47.679 --> 00:49:50.099
opinion as to the theory of the case and how
888
00:49:50.119 --> 00:49:53.219
to proceed. And that was the beginning of the discussion
889
00:49:53.480 --> 00:49:58.809
within the office. Ms. Stansbury, about the non-prosecution agreement. Acosta,
890
00:49:59.010 --> 00:50:02.230
that eventually led, that eventually led that way. And I
891
00:50:02.269 --> 00:50:04.670
want to back up, if I could, to the extent
892
00:50:04.690 --> 00:50:07.469
that there were financial crimes, those financial crimes would not
893
00:50:07.489 --> 00:50:10.349
have been covered by... and could not have been preceded
894
00:50:11.010 --> 00:50:13.829
in other districts, or could have even preceded in the
895
00:50:13.849 --> 00:50:17.050
Southern District, because it's a different set of statutes. And
896
00:50:17.110 --> 00:50:19.230
so just like New York preceded with this, you know,
897
00:50:19.289 --> 00:50:22.570
with Ghislaine Maxwell, if there were financial crimes, that could
898
00:50:22.610 --> 00:50:26.159
have preceded. And so if that was being investigated, it
899
00:50:26.199 --> 00:50:29.679
could continue to have been investigated. The two matters, unless
900
00:50:29.699 --> 00:50:32.440
they're heavily interlinked, but even if they were, you know,
901
00:50:32.760 --> 00:50:35.119
it's a separate set of matters to my mind. And
902
00:50:35.179 --> 00:50:39.269
so one would not have precluded the other. Stansberry, including
903
00:50:39.309 --> 00:50:43.570
the non-prosecution agreement, would you apply to financial crimes? Acosta,
904
00:50:43.590 --> 00:50:46.510
so my read on the non-prosecution agreement is it would
905
00:50:46.550 --> 00:50:50.269
not apply to financial crimes, no. And the non-prosecution agreement,
906
00:50:50.789 --> 00:50:54.469
I should also add, to be clear, by its terms,
907
00:50:54.769 --> 00:50:57.699
was limited to the Southern District of Florida, which is
908
00:50:57.760 --> 00:51:01.000
why the case in New York was able to be brought. Stansberry,
909
00:51:01.019 --> 00:51:04.019
I have one more question. With
regards to any evidence
910
00:51:04.260 --> 00:51:06.679
that may have been collected by the FBI or DOJ,
911
00:51:07.030 --> 00:51:09.630
does the president have the authority to unseal those documents
912
00:51:10.110 --> 00:51:13.309
if there is not otherwise a very specific court order
913
00:51:13.369 --> 00:51:17.110
regarding them? Acosta, if the seal is placed by the court,
914
00:51:17.369 --> 00:51:19.150
then it would have to be the court that goes
915
00:51:19.570 --> 00:51:23.869
to that. Stansbury, but any other document that's not under
916
00:51:23.909 --> 00:51:27.769
court order, he can technically, Acosta, documents that aren't under
917
00:51:27.809 --> 00:51:31.130
court orders can be, if there is no prohibition, then
918
00:51:31.170 --> 00:51:34.050
whoever is the custodian of the document can proceed as
919
00:51:34.090 --> 00:51:38.409
they see fit. Stansberry, I think that's it. Acosta, that's
920
00:51:38.449 --> 00:51:41.679
my opinion. I'm not speaking for the executive branch, but
921
00:51:41.760 --> 00:51:46.179
absent a prohibition, a custodian can proceed. Stansberry, well, I'm
922
00:51:46.199 --> 00:51:48.679
sure the White House attorneys think the president has total
923
00:51:48.719 --> 00:51:53.519
power in this matter, but that's my editorializing. Acosta, off
924
00:51:53.559 --> 00:51:57.070
the record. We are now off the record. Thank you.
925
00:51:57.179 --> 00:52:01.369
All right. We're done, sir. So that is the completion
926
00:52:01.789 --> 00:52:05.380
of the Alex Acosta deposition. And as you can imagine,
927
00:52:06.300 --> 00:52:08.820
I find it to be disgusting as fuck. The whole
928
00:52:08.860 --> 00:52:13.099
entire thing was just an evasion of real answers, an
929
00:52:13.119 --> 00:52:16.199
evasion of justice, and a master class at how to
930
00:52:16.260 --> 00:52:21.090
avoid answering any questions with any sort of certainty. The
931
00:52:21.130 --> 00:52:23.769
fact that he kept relying on the OPR report time
932
00:52:23.789 --> 00:52:28.099
and time again is very disgusting and very disturbing. he
933
00:52:28.139 --> 00:52:30.639
shouldn't have been allowed to rely on that report. Now,
934
00:52:30.679 --> 00:52:35.500
you can refer to it, but that gives him the cover, right? Oh, well,
935
00:52:35.539 --> 00:52:39.239
the OPR said, the OPR said, and the OPR report itself,
936
00:52:39.920 --> 00:52:43.380
I have questions about that. I have questions about the
937
00:52:43.420 --> 00:52:46.289
veracity of it, and I certainly have questions about how
938
00:52:46.369 --> 00:52:49.650
honest people were when they were talking with the Inspector General.
939
00:52:50.690 --> 00:52:52.690
And that's why I've called from the very beginning to
940
00:52:52.730 --> 00:52:55.289
have all these people that we're talking about brought in,
941
00:52:55.510 --> 00:52:59.230
put under oath, and talked to again. but not with
942
00:52:59.250 --> 00:53:03.469
the cameras off. The days of
this happening in secret
943
00:53:03.690 --> 00:53:07.750
behind closed doors and us just getting these transcripts should
944
00:53:07.789 --> 00:53:11.659
be long over. There's no national security here. There's nothing
945
00:53:11.679 --> 00:53:15.900
here that's going to, you know, damage anybody. Well, unless
946
00:53:15.920 --> 00:53:18.719
you're one of Epstein's friends. But besides that, the rest
947
00:53:18.760 --> 00:53:21.099
of us deserve to know what's going on. And I
948
00:53:21.139 --> 00:53:23.699
don't know about you folks, but I'm not exactly trusting
949
00:53:24.159 --> 00:53:28.579
of what the federal government's up to. especially considering what
950
00:53:28.619 --> 00:53:32.840
we're hearing about Maxwell, and, you know, commuting a sentence maybe, pardons,
951
00:53:33.039 --> 00:53:35.260
the whole thing. So forgive me if I have no
952
00:53:35.300 --> 00:53:39.019
confidence in the most transparent administration of all time. And
953
00:53:39.059 --> 00:53:42.409
that right there is the story of Alex Acosta's so-called deposition,
954
00:53:42.889 --> 00:53:47.309
a masterclass in cowardice, deception, and bureaucratic rot. A man
955
00:53:47.690 --> 00:53:49.730
who helped hand a predator the deal of a lifetime,
956
00:53:50.070 --> 00:53:52.789
sitting under oath pretending not to remember, not to know,
957
00:53:53.110 --> 00:53:56.610
not to be responsible. Every answer was a dodge, every
958
00:53:56.670 --> 00:54:00.750
pause a calculation, every word a smirk aimed squarely at
959
00:54:00.789 --> 00:54:04.070
the people who still believe justice means something in this country.
960
00:54:05.150 --> 00:54:07.949
Nothing was learned, because nothing was meant to be learned.
961
00:54:08.699 --> 00:54:12.559
The powerful were never in danger, only inconvenienced, the survivors
962
00:54:12.599 --> 00:54:15.900
got silenced, the public got spinned, and the predators, once again,
963
00:54:15.920 --> 00:54:20.800
get peace of mind. Another disgusting performance designed to bury
964
00:54:20.840 --> 00:54:23.489
the truth, one more time under a mountain, of I
965
00:54:23.510 --> 00:54:27.369
Can't Recall. And in the end, as always, the protected
966
00:54:27.429 --> 00:54:29.630
remain protected and the rest of us get the same
967
00:54:29.670 --> 00:54:32.449
old parting gift from the system. A middle finger and
968
00:54:32.489 --> 00:54:34.849
a pat on the ass just to remind us who
969
00:54:34.929 --> 00:54:38.110
really runs the show. And in my opinion, that's the
970
00:54:38.150 --> 00:54:40.619
part that should set every nerve on fire. The fact
971
00:54:40.639 --> 00:54:42.780
that these people can sit there under oath in front
972
00:54:42.800 --> 00:54:45.179
of cameras in front of the world and still lie
973
00:54:45.199 --> 00:54:47.780
through their teeth with total confidence that nothing will happen
974
00:54:47.800 --> 00:54:51.780
to them. They've built this machine that protects itself from consequence.
975
00:54:52.269 --> 00:54:56.119
The DOJ, the prosecutors, the so-called watchdogs, all of them
976
00:54:56.159 --> 00:54:59.519
circle in the wagons, pretending this is justice, when it's
977
00:54:59.539 --> 00:55:03.300
nothing more than a carefully choreographed pantomime. They call it
978
00:55:03.320 --> 00:55:06.139
a deposition, I call it a burial. Because that's what
979
00:55:06.179 --> 00:55:09.989
they're doing, burying the truth, burying accountability, burying the last
980
00:55:10.030 --> 00:55:12.570
flicker of faith the public might still have in this
981
00:55:12.650 --> 00:55:16.090
disease-ass system. And while they're at it, they're counting on
982
00:55:16.110 --> 00:55:19.119
your exhaustion, like I always tell you. They think they
983
00:55:19.159 --> 00:55:21.480
can drag this out long enough if they throw enough
984
00:55:21.559 --> 00:55:25.019
legal jargon and smirking non-answers at us. We're going to
985
00:55:25.039 --> 00:55:28.619
eventually look away. That's always been the strategy. Stall, spin,
986
00:55:28.659 --> 00:55:31.670
and suffocate the truth under the weight of apathy. But
987
00:55:31.710 --> 00:55:35.989
here's the thing. We're watching. People are paying attention. There's
988
00:55:36.010 --> 00:55:40.369
no more gaslighting the world about Jeffrey Epstein. Acosta's deposition
989
00:55:40.650 --> 00:55:43.010
wasn't just a sham. It was a warning shot from
990
00:55:43.050 --> 00:55:46.090
the establishment that they still think they can control the narrative.
991
00:55:46.510 --> 00:55:49.380
But the tide's turning. And when it finally crashes down,
992
00:55:49.619 --> 00:55:52.599
there is no amount of I don't recall that's going
993
00:55:52.639 --> 00:55:56.340
to save them from the reckoning they've spent decades trying
994
00:55:56.360 --> 00:55:59.469
to avoid. As for us, well, we're going to continue
995
00:55:59.710 --> 00:56:03.130
to swim through all this disgusting muck looking for that clarity.
996
00:56:04.389 --> 00:56:06.269
And the next deposition that we're going to dive into
997
00:56:06.869 --> 00:56:10.389
is Nadia Marcinkova's. And I promise you, you do not
998
00:56:10.429 --> 00:56:13.300
want to miss that one. All of the information that
999
00:56:13.340 --> 00:56:16.699
goes with this episode can be found in the description box.