EFTA02608513.pdf

From: Noam Chomsky Sent: Saturday, Decem er , : To: Cc: Valeria Chomsky Subject: Re: It's a powerful and convincing statement, but my feeli=g is that it would not be wise to submit it for publication. Taking =he stance of a reader who comes to the matter from afresh, perhaps having =eard some rumors but knowing nothing, the reaction I suspect will be of th= "where there's smoke there's fire" kind. Few are =illing to think through the arguments and factual details or to try to adj=dicate conflicting claims. I've seen this happen over and over o= other matters -- many years of having been accused of Holocaust denial, f=r example.. Ugly and bitter as it is, I suspect the best course now =s not to stir the pot by raising the issue publicly, opening the door to c=arges and accusations that can no doubt be answered in the court of logic =nd fairness -- but that's not the public domain, where innuendo and su=picion and accusation reign. Anyway, for what it's =orth, that's the way it looks to me, in part on the basis of experienc=. The great work that you have been doing speaks =or itself. My feeling is that you should keep at it, and simply deve=op a thick skin to fend off whatever ugliness breaks through now and then,=diminishing over time. Noam On Sat, Dec 29, 2018 at 8:33 AM J <[email protected] <mailto:[email protected]» wro=e: Im =onsidering submitting this to the oped of the wash post id lik= your thoughts Sweetheart deal!" So goes the =ttack on the resolution of the more than a decade ago federal investigatio= involving our client Jeffrey Epstein. The attack is profoundly misp=aced, supported neither by the law nor the facts. Nor is it supported by t=e structure of our constitutional republic. To the contrary, Jeffrey was s=bjected to an extremely aggressive federal intrusion into what would typic=lly be considered a quintessentially local criminal matter in south Florid=. The offense investigated — at its=core, sexual favors for hire — has long been treated as = matter entrusted to laws of the several States, not the federal governmen=. The conduct — for which Jeffrey took full=C2 responsibility — was a classic state offense and was tre=ted exactly that way by able, honest prosecutors in Palm Beach County. =A0 Nevertheless, without a request from the state prosecutors, t=e federal government intervened. For their own opportunistic reasons= many are now criticizing the federal decision-makers at the time, includi=g now-Secretary of Labor Alex Acosta (then-United States Attorney in south=Florida), for not going far enough. <=> The critics are wrong on the facts and the law. They also=ignore a fact going to the heart of fundamental fairness: In th= decade since paying his debt to society, Jeffrey Epstein has led a life c=aracterized by responsible citizenship, numerous acts of generosity and go=d deeds. Here are =he true key facts: Jeffrey Epstein, a successful self-made busi=essman with no prior criminal history whatsoever, engaged in illegal condu=t that amounted to solicitation of prostitution. That =A0conduct was wrong and a EFTA_R1_01801187 EFTA02608513 violation of Florida state law. Although n= coercion, violence, alcohol, drugs or the like were involved, some of the=women he paid were under the age of 18. Those facts were c=refully assessed by experienced state sex crime prosecutors who aggressive=y enforce state criminal laws. No one turned a blind eye to potentia= offenses to the public order. To the contrary, the Palm Beach State=Attorney's Office conducted an extensive fifteen-month investigation, =ed by the chief of the Sex Crimes Division. Mr. Epstein was then ind=cted by the state grand jury on a single felony count of solicitation of p=ostitution. During that intense investigation, the state p=osecutors extensively gathered and analyzed the evidence, met face-to=face with many of the asserted victims, considered their credibility =80 or lack thereof — and considered the extent of exculpatory e=idence, including sworn testimony from many that they lied =bout being eighteen years old to be allowed into Mr. Epstein's hom=. After months of negotiations, the state prosecutors believed they =ad reached a reasoned resolution of the matter that vindicated the public =nterest — a resolution entirely consistent with that of cases invo=ving other similarly-situated defendants. The system worked as it sh=uld have. =hen, in came the feds. The United States Attorney's Office exten=ively and aggressively investigated whether Mr. Epstein had engaged in a c=mmercial human trafficking ring, targeted minors, or used the interne= or traveled interstate in the process. But that's not =hat this was and that's not what happened. That is prec=sely why the federal authorities' ultimate decision to defer=C2 prosecution to the state was the right one. <=> However, the federally-demanded r=solution was not without conditions. The federal prosecutors insisted on v=rious unorthodox requirements that Mr. Epstein's experienced =efense team had never seen imposed on any defendant anywhere. Under the fe=erally-forced deal, Jeffrey was required to request that the state pr=secutors demand the imposition of a thirty-month sentence that included =A0both jail time and the strictest conditions of probation: life=ime sex-offender registration. Those draconian measures were far more=than warranted by the state grand jury's indictment and would=not have otherwise been required under the previously agreed-upon state di=position. As part of this highly unusual deal, the government re=uired Jeffrey to pay for a highly experienced group of attorneys=to bring claims against him on behalf of a government list of asserted vic=ims. Jeffrey was required to waive the right to challenge those claims wit=out being provided the asserted victim's identities by the governm=nt until after he was incarcerated. Importantly, the feds' decis=on to decline prosecution in deference to the state in exchange for t=ese extraordinary requirements was reviewed and approved at the =ultiple levels of the U.S. Department of Justice. Jeffrey took full=C2 responsibility, complied with the feds' demands, served =is sentence, and in the process was treated exactly the same (includi=g his time served) as any other state-incarcerated individuals. =His conduct while in custody was exemplary, and so characterized by the st=te custodial authorities. <=u> Jeffrey Epstein has paid his deb= to society. The challenges to his Agreement with the Government =A0must also be understood as challenges to the millions Mr. Epstein paid t= the asserted victims and their lawyers pursuant to that agreement. A=ongst the beneficiaries of the Epstein-Federal Government Agreement were t=e many victims who collectively received many millions as a result of the =onditions imposed on Mr. Epstein that prevented him from meaningfully cont=sting civil liability — moneys that would be at issue if requests =o invalidate the agreement were granted. 2 EFTA_R1_01801188 EFTA02608514  Our nation faces vitall= important challenges, many involving the treatment of women and basic hum=n dignity. Voices are rightly being raised speaking truth to power, =specially about women in the workplace. But Jeffrey's offens=s of yesteryear, which were entirely outside of the workplace, have long s=nce been redressed by the criminal justice system. He fully and=faithfully has performed every promise and obligation required o= him by state and federal authorities. In the spirit of the bedrock =merican belief in second chances and fundamental fairness, that chapter in=Jeffrey's otherwise-productive and charitable life should be=allowed to close once and for all. apan style="font-size:11ptline-height:15.4piefont-family:Calibri,sans-se=if") </=iv> =AO please note =C2 please note The information contained in this co=munication is confidential, may be attorney-client privileged, may c=nstitute inside information, and is intended only for the use of the ad=ressee. It is the property of JEE Unauthorized use, disclosure or co=ying of this communication or any part thereof is strictly prohibitedand 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]</=>, and destroy this communication and all copies thereof, including =11 attachments. copyright -all rights reserved 3 EFTA_R1_01801189 EFTA02608515