Epstein Secrets

KIRKLAND & ELLIS LLP AND ANILIATED ?AMIDSHIPS 777 South Figueroa Street Los Angeles, California 90017 Kenneth W. Starr To Cap Writer Directly: (213) 680-8440 kstarnakiridand corn VIA FACSIMILE (305) 530-6444 Honorable R. Alexander Acosta United States Attorney

Street Los Angeles, California 90017 Kenneth W. Starr To Cap Writer Directly: (213) 680-8440 kstarna

hat a similar policy applies, or upon the speculation that, if the legislature had thought of it, very likely broader words would have been used... McBoyle v. U.S., 283 U.S. 25, 27 (1931) (Justice Holmes). There could be no federal common law crimes because criminal law has traditionally been the provin

is not inconsistent with our belief that the required scope of waiver was to a predicate offense in the singular, see, e.g., Mr.Acosta's letter to Ken Starr, December 4, 2007, p.2 ("were Mr. Epstein convicted at trial, the plaintiff-victims would not have to show that a violation of an enumeration secti

est that the plaintiff was injured, see United Stated, Scheidt, supra (finding each to be a separate element) and the letter from Mr. Acosta to Mr. Starr, supra December 4, 2007 letter at p.2 which agrees that Mr. Epstein can contest the injury element under the NPA ("were Mr. Epstein convicted at tr

o be interpreted in favor of the defendants subjected to them. See United States I . Gradwell, 243 U.S. 476, 485, 37 5.O. 407, 61 L.Ed. 857 (1917); McBoyle . United States, 283 U.S. 25, 27, 51 S.Ct. 340, 75 L.Ed. 816 (1931); United States'. Bass, 404 U.S. 336, 347-349, 92 S.Ct. 515, 30 L.Ed.2d 488 (197

USE_OVERSIGHT_012135 --- PAGE BREAK --- KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS 777 South Figueroa Street Los Angeles, California 90017 Kenneth W. Starr : To Call Writer Directly: FP Facsimile: www.kirkland.com Dir. Fax: June 19, 2008 John Roth, Esq. Principal Associate Deputy Attorney General Offic

Street Los Angeles, California 90017 Kenneth W. Starr : To Call Writer Directly: FP Facsimile: www.kir

will understand, of what the law intends to do if a certain line is passed.”” Arthur Andersen LLP v. United States, 544 U.S. 696, 703 (2005) (quoting McBoyle v. United States, 283 USS. 25, 27 (1931)) (citation omitted), Two recent Supreme Court decisions dramatically underscore these principles and help t