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0 05/28/2008 09:07 FAX 2026161239 DOJ/ODAC 05 10 :Is MO\ 13:22 1:;\ 1 213 6h0 8500 It I RKLINDLF.I.I.1 5 lip 111006/013 1 Kenneth W. Starr Joe D. Whitley Kirkland & Ellis LLP Alston & Bird LIP May 19, 2008 VIA FACSIMILE (202) 514.0467 CONFIDENTIAL honorable Mark Filip Office of the Deputy Attorn
hing the relevant federal statutes beyond recognition, and that federal involvement in this mutter should be precluded butt on federalism concerns, the Petite Policy, and general principles of prosecutorial disattion, the panics corn • discussions of a possible plea agreement. Around this time, we received an e
ll or our concerns on this matter. I respectfully request that you consider the issues I discuss below in conjunction with the ethics opinion of Mr. Joe D. Whitley that 1 fared to your Office on December 7. Background of Negotiations I believe it is important fix you to he aware of the full scope and substanc
ng the relevant federal statutes beyond recognition, and that federal involvement in this matter should he precluded basest on federalism concerns, the Petite Policy, and general principles of prosecutorial discretion. the parties commenced discussions of a possible plea agreement. Around this time. we received a
ll of our concerns on this matter. I respectfully request that you consider the issues I discuss below in conjunction with the ethics opinion of Mr. Joe D. Whitley that rased to your ()nice on December 7. Backeroond of Negotiations I believe it is important fir you to be aware of the full scope and substance
ing the relevant federal statutes beyond recognition, and that federal involvement in this matter should be precluded based on federalism concerns. the Petite Policy, and general principles or prosecutorial discretion. the parties commenced discussions an possible pica agreement. Around this time, we received an
Entities connected to both Joe D. Whitley and the Petite Policy

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Jay Lefkowitz
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