From: (USAFLS) Sent: Monday, March 07, 2011 6:34 PM To: (USAFLS) Cc: (USAFLS) Subject: FW: Motion to Make Our Pleading Available to the Public - Government Position FYI — Maybe we can discuss tomorrow? Assistant U.S. Attorney Fax From: Paul Cassell [mailto: Sent: Monda , March 07, 2011 5:33 PM To: (USAFLS); (USAFLS) Cc: Brad Edwards Subject: Motion to Make Our Pleading Available to the Public - Government Position Dear and We are writing to inquire about the government's position on a motion that we will be filing on March 18 along with our "summary judgment" motion. As you know, the summary judgment motion will contain quotations from e-mails that are under the magistrate judge's order requiring prior notice to the court before they are disclosed. Accordingly, on March 18, we will be filing a full, unredacted summary judgment motion under seal with Judge Marra and, for the public PACER file, a summary judgment motion with quotations from the e-mails redacted. We will be filing simultaneously a motion for with the court for unsealing of the unredacted motion. We will provide (at least) three ground for unsealing. First, the confidentiality order was only based on an agreement to give advance notice to Epstein before using materials. Once advance notice has been given, there is no basis for confidentiality. Second, there is truly world-wide interest in the handling of the Epstein prosecution, and so our pleading should not remain under seal — instead the public should have access to it so that they can assess how this case was handled. Third, keeping the pleading under seal complicates the ability of Jane Does' attorneys to consult with victims' rights specialist about how best to proceed in the case. EFTA00206335

We are writing to determine the Government's position on our motion to unseal the redacted pleading so that we can include that position in our motion. We hope that you will not oppose the motion, which might produce the need for further litigation. As you know, Judge Marra has promptly unsealed other pleadings in this matter when the Government tried to object. Sincerely, Paul Cassell Co-Counsel for Jane Doe #1 and Jane Doe #2 Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at the University of Utah Voice: Fax: Email: http://www.law.utah.edu/profiles/defaultasp?PersonID=57&name=Cassell,Paul CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. From: (USAFLS) < > Sent: Tuesday, March 08, 2011 12:44 PM To: Owen Bowcott EFTA00206336