Epstein Secrets

s for Defendant Robert Deweese Critton, Jr. [email protected] Michael James Plke Burman Critton Luttier & Coleman Lead Counsel Paul G. Cassell Jack Alan Goldberger Atterbury Goldberger & Weiss, P.A. Co-Counsel Attorneys for Plaintiff Bradley James Edwards Rothstein Rosenfeldt Adler Lead Counsel Pm Hac Vic

n FLSD Docket 04/09/2009 Page 6 of 14 criminal defense attorneys, Jack Goldberger. Not surprisingly given the seriousness of such allegations, the Goldberger affidavit makes no such contention. Instead, the Goldberger affidavit is carefully worded to assert only that the U.S. Attorney's Office "might con

Doe. Such risk and speculation about possible criminal charges does not establish a real need for a stay. See Securities and Exchange Commission v. Dresser Industries, Inc., 628 F.2d 1368, 1376 (D.C. Cir. 1980) (refusing to grant a stay a civil proceeding before any indictment was returned because Fifth Amendment conce

d to assert only that the U.S. Attorney's Office "might consider" various actions to be a breach of the non-prosecution agreement. See Affidavit of Jack A. Goldberger, Esq., at 2 (emphasis added)) This is a far cry from what Epstein's motion to stay asserts — that °the USAO has already claimed that Epstein violat

FLSD Docket 04/09/2009' Page 6 of 14 criminal defense attorneys, Jack Goldberger. Not surprisingly given the seriousness of such allegations, the Goldberger affidavit makes no such contention. Instead, the Goldberger affidavit is carefully worded to assert only that the U.S. Attorney's Office "might con

Doe. Such risk and speculation about possible criminal charges does not establish a real need for a stay. See Securities and Exchange Commission v. Dresser Industries, Inc., 628 F.2d 1368, 1376 (D.C. Cir. 1980) (refusing to grant a stay a civil proceeding before any indictment was returned because Fifth Amendment conce

r cases were still under investigation. Tr. July I I, 2008 at 4-6, 18-19, 22-23. 42. On June 30, 2008, the U.S. Attorney's Office sent an e-mail to Jack Goldberger, criminal defense counsel for Epstein, reflecting continuing efforts to keep the NPA secret: 19 EFTA00177027 Case 9:08-cv-80736-KAM Document 48

the U.S. Attorney's Office sent an e-mail to Jack Goldberger, criminal defense counsel for Epstein, reflectin

n by the court in the internal affairs of the Justice Department would clearly constitute a violation of the Separation of Powers doctrine." Id. In Dresser Industries, Inc." United States, 596 F.2d 1231, 1237 (5' Cir. 1979), the court of appeals observed that "[t]he decision to prosecute is largely unreviewable by the