The really interesting argument - SDNY says it isn't *bound* by the non-prosecution agreement, arguing that instead only the US Attorney's office in the Southern District of Florida is bound by it
This, from the original non-prosecution agreement what SDNY is relying on - that Acosta only agreed not to prosecute "in this district" (S.D. Fla.) and that the non-prosecution agreement does not bind other US Attorney's offices
Mark Bennett had a good explainer here: blog.bennettandbennett.com/2019/07/jeffre…
Again with the hat tip to Mark Bennett, it's pretty clear DOJ policy to draft non-prosecution agreements narrowly so they don't bind other US Attorneys' offices.

Too bad for Jeffrey Epstein
Mark Bennett explains why Jeffrey Epstein's lawyers would make such a deal:
Reading the indictment now

documentcloud.org/documents/6184…
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