File 030318
Email Chain: Ken Starr Defense of Epstein Plea Deal and Federal Overreach (File 030318)
Email correspondence between Michael Wolff, Jeffrey Epstein, Ken Starr, and Alan Dershowitz regarding a draft legal article defending the 2008 plea agreement and criticizing federal prosecution overreach in the Epstein case.
Summary
Ken Starr drafted a law journal article defending Jeffrey Epstein's 2008 plea deal, arguing that federal prosecutors overreached in a case that should have remained a state matter. Starr characterized Epstein's conduct as solicitation of prostitution rather than trafficking, defended the state-negotiated resolution, and argued that Epstein had paid his debt to society through incarceration and victim compensation. Michael Wolff circulated the draft to Epstein and others, noting its potential to tar Trump administration officials involved in the case.
From: Michael WolffSent: 12/15/2018 5:03:19 PMTo: Jeffrey Epstein [jeeyacation@gmail.com]CC: Kathy RuemmlerSubject: Re:Darren Indyke ];Seems very good. Is there reason or opportunity here to evoke JE's Clinton connection? He had been publiclyconnected to the former President and became a proxy for the considerable anger at high levels of the Federalgovernment that still surrounded Clinton. Likewise now, one reason to revive the story is that it is a way to tar aTrump administration official, who, in the normal course of his duties, happened to deal with the case.On Sat, Dec 15, 2018 at 11:28 AM J <jeevacation@gmail.com> wrote:thoughts.----------Forwarded message---------From: Ken Starr <Date: Sat, Dec 15, 2018 at 11:24 AMSubject: Re:To: J <jeevacation@gmail.com>Cc: Alan Dershowitz MMIMIIMIM>Here goes:"Sweetheart deal! " So goes the critique of the resolution of a long-ago case involving our former client -- andnow-friend -- Jeffrey Epstein. The critique is profoundly misplaced, supported neither by the law or the facts,nor by the structure of our constitutional republic. To the contrary, Jeffrey was subjected to an unprecedentedfederal intrusion into a quintessentially local criminal matter in south Florida. His offense to the social order --involving sex for hire -- was entirely a matter entrusted to laws of the several States, not the federalgovernment. His conduct -- a classic state offense --was being treated exactly that way by able, honestprosecutors in Palm Beach County, but the overweening federal government intruded where it did notbelong. And now, over ten years after the fact, the current assault on federal decision-makers at the time,including now-Secretary of Labor Alex Acosta (then the United States Attorney in south Florida), condemnsthe federal authorities for not going far enough.The critics are entirely wrong. Neither the facts nor the law support the misguided criticisms being leveled byjournalists and politicians at federal officials from over a decade ago -- including the highest levels of theJustice Department in Washington, D.C..Here are the key facts: Jeffrey Epstein, a successful self-made businessman with no prior criminal historywhatever, engaged in illegal conduct that amounts to solicitation of prostitution. That was wrong, and it wasreasonably viewed as a violation of Florida state law. Although no coercion, violence, alcohol, drugs and thelike were involved, the unsavory facts were carefully assessed by experienced state prosecutors whoaggressively enforce state criminal laws. No one turned a blind eye to potential offenses to the publicorder. To the contrary, the Palm Beach State Attorney's Office conducted an extensive 15-monthinvestigation, led by the chief of the Sex Crimes Division. Mr. Epstein was then indicted by a state grand juryon a single felony count of solicitation of prostitution.During that intense investigation, the state prosecutors extensively gathered and analyzed the evidence, metface-to-face with many of the asserted victims, considered their credibility -- or lack thereof -- and consideredHOUSE OVERSIGHT 030318the extent of exculpatory evidence. Then, after months of elaborate negotiations, the state prosecutors believedthey had reached a reasoned resolution of the matter that vindicated the public interest -- a resolution entirelyconsistent with that of cases involving other similarly-situated defendants.Then, in came the feds. The United States Attorney's Office tried, to no avail, to fit Mr. Epstein's situation intoits vision of what it viewed as a commercial trafficking ring targeting minors. This was anything but. At longlast, the federal authorities acknowledged that stark reality and grudgingly agreed to defer prosecution to thestate. But there was a huge catch. In the face of our arguments sharply condemning their overreach, thefederal prosecutors insisted on many unorthodox requirements that tugged at fundamental values of dueprocess. For example, the agreement required Mr. Epstein to pay an undisclosed list of asserted victims$150,000 each. Even more, the feds insisted that Jeffrey pay for an attorney to represent such unidentifiedvictims if any chose to filed civil litigation against him. When asked what possible legal authority supportedthis extravagant exercise of national power, the feds lamely cited a wildly inapposite case from Alaskainvolving cocaine and forced on-the-street prostitution. Apples and oranges.Under the federally-forced deal, Jeffrey was sentenced to jail. That would not have been the case under theagreed-upon state disposition of this non-violent, consensual commercial arrangement. Jeffrey complied,served that sentence, and in the process was treated exactly the same as other state-incarceratedindividuals. His conduct was exemplary, and so characterized by the state custodial authorities. He continuedhis work, including his many philanthropic efforts.Our friend Jeffrey Epstein has paid his debt to society. He has also paid out millions of dollars to the assertedvictims and their highly-creative lawyers. For over ten years, he has lived an exemplary life, includingcarrying on his wide-ranging philanthropies. Those of us who represented him in the Florida proceedings -- forcustomary professional fees -- now count him as a trusted friend.Our nation faces vitally important challenges, many involving the treatment of women and basic humandignity. Voices are rightly being raised speaking truth to power, especially about women in theworkplace. But Jeffrey, an exemplary employer, has long since been called to account by the criminal justicesystem for his misdeeds of yesteryear. In the spirit of the bedrock American belief in second chances, thatunhappy chapter in Jeffrey's otherwise-magnificent life should be allowed to close once and for all.On Thu, Dec 13, 2018 at 4:24 PM J <jeevacation@gmail.com> wrote:ken ,would take a stab at the article for the law journal. ? thxplease noteThe information contained in this communication isconfidential, may be attorney-client privileged, mayconstitute inside information, and is intended only forthe use of the addressee. It is the property ofJEEUnauthorized use, disclosure or copying of thiscommunication or any part thereof is strictly prohibitedand may be unlawful. If you have received thiscommunication in error, please notify us immediately byreturn e-mail or by e-mail to jeevacation@gmail.com, anddestroy this communication and all copies thereof,including all attachments. copyright -all rights reservedHOUSE OVERSIGHT 030319please noteThe information contained in this communication isconfidential, may be attorney-client privileged, mayconstitute inside information, and is intended only forthe use of the addressee. It is the property ofJEEUnauthorized use, disclosure or copying of thiscommunication or any part thereof is strictly prohibitedand may be unlawful. If you have received thiscommunication in error, please notify us immediately byreturn e-mail or by e-mail to jeevacation@gmail.com, anddestroy this communication and all copies thereof,including all attachments. copyright -all rights reservedHOUSE OVERSIGHT 030320