Thread by @jaketapper

Taking a closer look at Judge Kenneth Mara's opinion and order finding that the DOJ -- and specifically then-US Attorney, now Labor Secretary Alex Acosta -- violated the law in the Epstein plea deal. (Thread)

cnn.com/2019/02/21/pol…

2/ First off, again, full credit to the amazing reporting by @jkbjournalist of the @MiamiHerald for "How a future Trump Cabinet member gave a serial sex abuser the deal of a lifetime"...worth a read:

miamiherald.com/news/local/art…

3/ Judge Kenneth Mara presents these facts: "From between about 1999 and 2007, Jeffrey Epstein sexually abused more than 30 minor girls, including Petitioners Jane Doe 1 and Jane Doe 2..."

4/ "Epstein and his co-conspirators knowingly traveled in interstate and international commerce to sexually abuse Jane Doe 1, Jane Doe 2 and others...
Epstein directed other persons to abuse the girls sexually..."

5/ In 2005, the Palm Beach Police Department "received a complaint
from the parents of a 14 year old girl about her sexual abuse by Jeffery Epstein." PBPD found "20 girls between the ages of 14 and 17 who were sexually abused by Epstein." FBI began investigating as well.

6/ From Jan-Sept 2007, discussions took place between the office of the US Attorney for the Southern District of Florida -- Alex Acosta -- & Epstein's attorneys. At that time, Acosta's office was also informing the victims of Epstein's crimes of their rights...

7. ...specifically rights as established in the Crime Victims’ Rights Act, including "the right to be heard in public court proceedings relating to...acceptance of a plea bargain" and "the right to be informed in a timely manner of any plea bargain"

fas.org/sgp/crs/misc/R…

8/ On or about June 7, 2007, the FBI delivered to Jane Doe 1 the standard CVRA victim notification letter promising DOJ would make its “best efforts” to protect those rights, Jane Doe 1 "believed that the Government would protect those rights," the judge wrote.

9/ Jane Doe 2 received her CVRA victim notification letter on or about August 11. At the time she was being represented by an attorney Epstein was paying for.

10/ US Attorney Acosta's office and Epstein's attorneys entered into a non-prosecution agreement - NPA - on Sept 24, 2007 "whereby the
United States would defer federal prosecution in favor of prosecution by the State of Florida." Did Acosta's office inform the victims? ...

11/ Judge Mara: "From the time the FBI began investigating Epstein until September 24, 2007—when the NPA was concluded—the Office never conferred with the victims about a NPA or told the victims that such an agreement was under consideration."

12/ Not only that -- but "Epstein’s counsel was aware that the Office was deliberately keeping the NPA secret from the victims and, indeed, had sought assurances to that effect."

Acosta's US Attorney's office, working with the accused, against the rights of the victims.

13/ The line prosecutor writes to the Epstein attorneys about how to achieve something “On an ‘avoid the press’ note"... filing something in "District Court in Miami, which will hopefully cut the press coverage significantly.”

???

14/ 9/25/07, the line prosecutor writes to Epstein's attorney regarding three attorneys who might represent the victims: "I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage)...

15/ "...if they proceed outside the Terms of the plea agreement. (Sorry – I just
have a bias against plaintiffs’ attorneys.) One nice thing about Bert is that he is in Miami where there has been almost no coverage of this case.”

16/ Epstein's attorney to Acosta, 10/10/07: “Neither federal agents nor anyone from your Office should contact the identified individuals to inform them of the resolution of the case..."

17/ Epstein's attorney tells Acosta that the attorney rep for the victims be instructed that “[t]he details regarding the United States’s investigation of this matter and its resolution with Mr. Epstein is confidential. You may not make public statements regarding this matter.”

18/ Epstein attorney thanks Acosta for their October 12 meeting "in which you...assured me that your Office would not...contact any of the identified individuals, potential witnesses, or potential civil claimants and their respective counsel in this matter.”

19/ Epstein agreed to plead guilty to state charges, and FBI agents tell Jane Doe 1 in Oct 2007 "that Epstein would plead guilty to state charges, he would be required to register as a sex offender for life, and he had made certain concessions related to the payment of damages."

20/ Jane Doe 1 says they didn't explain the NPA was signed. Her "understanding was that the federal investigation would continue."

21/ At the end of November, the Assistant US Attorney prepares a letter to send the victims noting their "statutory obligation to notify the victims about Epstein’s plea to state charges that was part of the NPA"

22/ The proposed letter noted that because Epstein’s plea of guilty to state charges was “part of the resolution of the federal investigation,” the victims were “entitled to be present and to make a statement under oath at the state sentencing.”

23/ This was not acceptable to Epstein's attorneys. 11/29/07, they sent a letter to Acosta "objecting to the proposed victim notification letter, stating that it is inappropriate for any letter to be sent to the victims before Epstein entered his plea or had been sentenced."

24/ 11/30/07, Acosta writes to Epstein atty Ken Starr: “I am directing our prosecutors not to issue victim notification letters until this Friday at 5 p.m., to provide you with time to review these options with your client.”

Ultimately NO letters to victims were sent in Dec 07

25/ Jan 08, Epstein "sought higher level review" within DOJ for his deal.

The FBI tells Jane Doe 1 & Jane Doe 2 the "case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.” ...

26/ Jane Doe 1 still believed "the Government would contact her before reaching any final resolution" and "she wanted to be consulted by prosecutors before any resolution."

27/ June 30, 2008, Epstein enters a guilty plea to "violations of Florida statutes forbidding the solicitation of minors to engage in prostitution and felony solicitation of prostitution.” Jane Doe 1 thought the US Attorney was still investigating and pursuing her case.

28/ July 9, 2008, U.S. Attorney Acosta's Office "sent victim notification letters to Jane Doe 1" and other victims of Epstein. The notification "did not provide the full terms of the NPA."

You get the point by now, I assume.

29/ The judge: "it is undisputed that the Government entered into a NPA with Epstein without conferring with Petitioners during its negotiation and signing. Instead, the Government sent letters to the victims requesting their 'patience' with the investigation ...

30/"..even after the Government entered into the NPA. At a bare minimum, the CVRA required the Government to inform Petitioners that it intended to enter into an agreement not to prosecute Epstein."

31/ The judge goes on to say the US Attorney's office CONCEALED the NPA and "mislead the victims to believe that federal prosecution was still a possibility. When the Government gives information to victims, it cannot be misleading."

32/You can read the whole document here, courtesy @Buzzfeed

documentcloud.org/documents/5745…

33/ Why did Epstein get such a cozy deal? And even if one disagrees with Judge Marra and sides with then-US Attorney Acosta's office that they didn't HAVE to let the victims know -- why DIDN'T they? Why bend over backwards for a pedophile over the rights of his victims?