EFTA02608532.pdf

From: Valeria Chomsky Sent: Saturday, December 29, 2018 12:21 PM To: Jeffrey E.; Noam Chomsky Subject: Fwd: My suggestion is that you shouldn't do it. It is=going to encourage the other side a strong reaction. Th= sensible approach, from my point of view, is that you keep reinforcing yo=r actions towards good causes. Valeria Forwarded message From: J [email protected] <mailto:[email protected]» Date: Sat, Dec 29, 2018 at 5:33 AM Subjec=: To: Noam Chomsk Valeria Chomsky Im con=idering submitting this to the oped of the wash post id like y=ur thoughts Sweetheart deal!" So goes the att=ck on the resolution of the more than a decade ago federal investigation i=volving our client Jeffrey Epstein. The attack is profoundly misplac=d, supported neither by the law nor the facts. Nor is it supported by the =tructure of our constitutional republic. To the contrary, Jeffrey was subj=cted to an extremely aggressive federal intrusion into what would typicall= be considered a quintessentially local criminal matter in south Florida.=C24, The offense investigated — at its c=re, sexual favors for hire — has long been treated as a =atter entrusted to laws of the several States, not the federal government..C24> The conduct — for which Jeffrey took fullQ=A0responsibility — was a classic state offense and was treate= exactly that way by able, honest prosecutors in Palm Beach County. =evertheless, without a request from the state prosecutors, the f=deral government intervened. For their own opportunistic reasons, ma=y are now criticizing the federal decision-makers at the time, including n=w- Secretary of Labor Alex Acosta (then-United States Attorney in south Flo=ida), for not going far enough. <1=> The critics are wrong on the facts and the law. They also ign=re a fact going to the heart of fundamental fairness: In the de=ade since paying his debt to society, Jeffrey Epstein has led a life chara=terized by responsible citizenship, numerous acts of generosity and good d=eds. During that intense investigation, the state prosecu=ors extensively gathered and analyzed the evidence, met face-to-face =ith many of the asserted victims, considered their credibility — o= lack thereof — and considered the extent of exculpatory evidence,=C24eincluding sworn testimony from many that they lied about be=ng eighteen years old to be allowed into Mr. Epstein's home. =After months of negotiations, the state prosecutors believed they had EFTA_R1_01801258 EFTA02608532 reac=ed a reasoned resolution of the matter that vindicated the public interest=— a resolution entirely consistent with that of cases involving ot=er similarly-situated defendants. The system worked as it should hav=. Then, in c=me the feds. The United States Attorney's Office extensively and=aggressively investigated whether Mr. Epstein had engaged in a commercial =uman trafficking ring, targeted minors, or used the internet or trave=ed interstate in the process. But that's not what this =as and that's not what happened. That is precisely why=C2Othe federal authorities' ultimate decision to defer pros=cution to the state was the right one. =p class="MsoNormal"> <=span> However, the federally-demanded resolution =as not without conditions. The federal prosecutors insisted on various0=A0unorthodox requirements that Mr. Epstein's experienced defense t=am had never seen imposed on any defendant anywhere. Under the federally-f=rced deal, Jeffrey was required to request that the state prosecutors=demand the imposition of a thirty-month sentence that included both=C2Ojail time and the strictest conditions of probation: lifetime se=-offender registration. Those draconian measures were far more than w=rranted by the state grand jury's indictment and would not ha=e otherwise been required under the previously agreed-upon state dispositi=n. As part of this highly unusual deal, the government required =effrey to pay for a highly experienced group of attorneys to bri=g claims against him on behalf of a government list of asserted victims. J=ffrey was required to waive the right to challenge those claims without be=ng provided the asserted victim's identities by the government unt=l after he was incarcerated. Importantly, the feds' decision to =ecline prosecution in deference to the state in exchange for these0=A0extraordinary requirements was reviewed and approved at the multipl= levels of the U.S. Department of Justice. Jeffrey took full re=ponsibility, complied with the feds' demands, served his sent=nce, and in the process was treated exactly the same (including his t=me served) as any other state-incarcerated individuals. His con=uct while in custody was exemplary, and so characterized by the state cust=dial authorities. <= class="MsoNormal" style="margin-bottom:Spt">Jeffrey Epstein has paid his debt to soc=ety. The challenges to his Agreement with the Government must al=o be understood as challenges to the millions Mr. Epstein paid to the asse=ted victims and their lawyers pursuant to that agreement. Amongst the=beneficiaries of the Epstein-Federal Government Agreement were the many vi=tims who collectively received many millions as a result of the conditions=imposed on Mr. Epstein that prevented him from meaningfully contesting civ=l liability — moneys that would be at issue if requests to invalid=te the agreement were granted. Our nation faces vitally important=challenges, many involving the treatment of women and basic human dignity.=C20 Voices are rightly being raised speaking truth to power, especially =bout women in the workplace. But Jeffrey's offenses of yeste=year, which were entirely outside of the workplace, have long since been r=dressed by the criminal justice system. He fully and faithfully=has performed every promise and obligation required of him by st=te and federal authorities. In the spirit of the bedrock American be=ief in second chances and fundamental fairness, that chapter in Jeffrey 1-=;s otherwise-productive and charitable life should be allowed torclose once and for all. <=p> 0=A0 please note 2 EFTA_R1_01801259 EFTA02608533  please not= The information contained in this communication is confidentia=, may be attorney-client privileged, may constitute inside information,=and is intended only for the use of the addressee. It is the property o= JEE Unauthorized use, disclosure or copying of this communicatio= or any part thereof is strictly prohibited and may be unlawful. If you=have received this communication in error, please notify us immediately=by return e-mail or by e-mail to [email protected] <mailto:[email protected]=> , and destroy this communi=ation and all copies thereof, including all attachments. copyright -all=rights reserved 3 EFTA_R1_01801260 EFTA02608534