Epstein Secrets

o related to the indictment. On September 7, 2007, Epstein's attorneys met with the U.S. Attorney, Drew Oosterbaan, Jeff Sloman, John McMillan, and I. Ken Starr presented federalism arguments, urging deferral to state prosecution. When those arguments failed, Epstein's attorneys slated that he wanted to enga

RNEY 3 Case No. 08-80736-CV-MARRA P-011819 EFTA00192865 U.S. Department of Justice Washington, D.C. 20530 June 23, 2008 Jay Lefkowitz„ Esq. Kenneth Starr, Esq. Kirkland and Ellis LLP 777 South Figueroa Street Los Angeles, CA 90017 Gentlemen: This Office has completed a thorough review of the U.S.

sterbaan, Jeff Sloman, John McMillan, and I. Ken Starr presented federalism arguments, urging deferral t

facility (the mail, phone, or intemet)—not thereafter—and the scienter element must be present while the facility is being used. See United States'. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004) ("[T]he government must first prove that [Defendant], using the Internet, acted with a specific intent to per

re any decision to prosecute is permitted. I1 08-80736-CV-MARRA RFP WPB 001664 EFTA00209843 KIRKLAND & ELLIS LLP AND ATTILJAIRU PARTNERSHIPS Kenneth W. Starr To Cell Writer Madly (213) 680-8440 [email protected] 777 South Figueroa Street Los Angeles, California 90017 (213)680'8400 www.kirkland.com

nt. See Tab 35, November 28, 2007 Letter from K. Starr to A. Fisher. 43. Late in the day on November 2

statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point: The defendant in Bailey contended that attempt under § 2422(6) 'requires the specific intent to commit illegal sexual acts

ern District of Florida From: Date: Kenneth W. Starr Rpm vet os: December 7, 2007 34 Message Fax

680-8400. To: lion. R. Alexander Acosta Company: Fax N: Direct N: United States Attorney's Office Southern District of Florida From: Date: Kenneth W. Starr Rpm vet os: December 7, 2007 34 Message Fax N: Direct SI: EFTA00214706 12/07/07 FRI 15:31 FAX 1 213 680 6500 KIRKLAND&F.I.LIS III' 00 2

e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004). See also United States v. Bailey 228 F.3d 637, 639 (02' Cu. 2000) ("Congress has made a clear choice to crim

ern District of Florida From: Date: Kenneth W. Starr Rues votes: December 7, 2007 34 Fax N: Dire

IATELY AT: To: lion. R. Alexander Acosta Company: Fax N: Direct N: United States Attorney's Office Southern District of Florida From: Date: Kenneth W. Starr Rues votes: December 7, 2007 34 Fax N: Direct SI: Message EFTA00221325 12. 07.07 FRI 13:31 FAX 1 KIRKIAND&F.I.LIS 0 0 2 KIRKLAND & ELLI

(e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States'. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004). See also United States Bailey, 228 F.3d 637, 639 (02' Cu. 2000) ("Congress has made a clear choice to crimi

United States Attorney's Office Hon. R. Alexander Acosta Southern District of Florida Fax 0: (305) 530-6444 Wrest (305) 961-9100 From: Date: Kenneth W. Starr Pages *town December 7, 2007 34 (213) 680-8500 (213) 680-8440 Fax 0: Direct II: Message: EFTA00176206 12/07/07 FRI 15:31 FAX 1 213 680 85

Wrest (305) 961-9100 From: Date: Kenneth W. Starr Pages *town December 7, 2007 34 (213) 680-85

(e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States'. Murrell, 368 F.3d 1283, 1286 (1 I th Cir. 2004). See also United States'. Bailey 228 F.3d 637, 639 (61° Cir. 2000) ("Congress has made a clear choice to cri

ut federal precedent — that such a process is consistent with the highest and. most noble goals of the criminal justice system: to team the truth. Kenneth W. Starr cc: First Assistant U.S. Attorney II If you ()nice wishes, it new submit this letter to the Stole Attorney's orrice, but the Slalc Attorney':: Off

delivery of any such letter, however, it should only be made by a third party service, not by law enforcement agents. Finally, as you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the § 2255 component of th

e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States v. Murrell, 368 F.3d 1283, 1286 (11th Cu. 2004). See also United States v. Bailey 228 F.3d 637, 639 (61° Cir. 2000) ("Congress has made a clear choice to crimi

overseeing responsibilities of the Department of Justice. We greatly appreciate your time and consideration of this matter. Sincerely, 2Le 12,5) Kenneth W. Starr • • EFTA00225910 KIRKLAND & ELLIS LLP • March 28, 2008 Page 4 • Clear violations of ethics rules by discussing specific details of the case

f this matter. Sincerely, 2Le 12,5) Kenneth W. Starr • • EFTA00225910 KIRKLAND & ELLIS LLP • Ma

in order to persuade, induce, entice, or coerce a finor to engage in a proscribed sexual act—rather than the sexual act itself. See United States Murrell, 368 F.3d 1283, 1285 (11th Cir. 2004) ("The underlying criminal conduct Congress expressly proscribed in passing § 2422(b) is the persuasion, induc

ourts, until its duty is fully performed. Prout Starr, 188 U.S. 537, 544 (23 Sup.Ct. 398, 47 L. . 584)

the possibility more appealing" an "to stimulate the occurrence of." United States Rashkovski, VI F.3d 1133, 1137 (9th Cir.2002); United States Murrell, 368 F.3d 1283, 1287 (11th Cir.2004). This Court rests on the plain meaning of the words in the statute in deciding whether the Government has sat

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

ce, a conviction under the statute only requires a finding that the defendant had an intent to persuade or to attempt to persuade.’ United States v. Murrell 368 F.3d 1283, 1287 (11th Cir. 2004) (citing United States v. Bailey, 228 F.3d 637, 638-39 (6th Cir.2000)). Thus, the targeted criminal conduct must

e statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point: The defendant in Bailey contended that attempt under § 2422(b) ‘requires the specific intent to commit illegal sexual acts r