assert a chilling effect, but that seems to be a stretch. In any event, I think we should advise Cassell the U.S. Attorney's Office has no independent objection to the release of this correspondence between our office and Epstein's attorneys. It will be the victims' burden to notify Epstein, and respond to whatever objections he lodges. Thanks. From: Paul Cassell [mailto: Sent: Tuesda , March 15, 2011 7:21 PM To: USAFLS Cc: . (USAFLS); Brad Edwards Subject: RE: Government's Position on Several Pending Issues? Still Waiting for Answer Dear Brad and I have received Mr. letter of today. We are deeply disappointed. We will file our court pleadings on Friday. Mr. - again. letter still leaves unanswered a number of questions, which I am writing to raise with you - 1. You still have not provided, as you promised you would, the name of the person coordinating the OPR investigation. As a result we have not been able to obtain any information about the status of the investigation. Just to be clear, we intend to include in our filing information that OPR has begun an investigation and to include the information that we currently have about — we assume that making that information public will not compromise OPR's work. 2. We will be making initial disclosures to you under the Federal Rules of Civil Procedure shortly. We have not heard back from you on whether you will be making parallel disclosures. Accordingly, we understand your position to be that you are not obligated to provide to us any documents under Rule 26. 3. We understand your position to be that, despite the "best efforts" clause in the CVRA and your obligation to treat victims with fairness, you can withhold evidence from the victims that will help them prove CVRA violations. For example, we understand you to take the position that you can withhold the other half of the U.S. Attorney's correspondence, correspondence between the Department and Ken Starr and Lillian on behalf of Epstein, and information about role in the Epstein case. In short, we understand you to be asserting a blanket position that you can withhold EFTA00206375

information that will help prove the victims' CVRA case. If this is incorrect, please advise us promptly. If we have misunderstood you and you are willing to provide us relevant information, we will promptly provide you with a list of such information. If we have understood you correctly, we will be filing a motion with the Court shortly to block the Justice Department from suppressing such highly relevant information. 4. You still have not given us your position on the victims' motion to file an unsealed, unredacted pleading reciting the U.S. Attorney's correspondence. What is your position on that motion: We have been asking for your position on this motion for some time now. If we have not heard back from you by c.o.b. Wednesday, March 16, 2011, we will include in our pleadings the following statement: "The Justice Department attorneys handling this case have been contacted several times for their position on this issue but have refused to respond to give their position." Thanks you in advance for your assistance. Sincerely, Paul Cassell, Co-Counsel for Jane Doe 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: Thursday, March 17, 2011 11:20 AM To: (USAFLS); (USAFLS) Cc: (USAFLS); (USAFLS) Subject: FW: Government's Position on Several Pending Issues? Still Waiting for Answer and M, EFTA00206376

I would like to respond to Cassell's requests today. As to paragraph 1, I provided him a phone number and contact person yesterday, March 16. As to paragraph 2, I would like to tell Cassell we won't be making initial disclosures, because we don't believe Fed.R.Civ.P. 26 applies in this hybrid civil matter. As to paragraph 3, I would like to tell Cassell that the CVRA applies to the criminal case which has been filed in district court, where an individual is deemed to be a "victim," not any civil litigation which may be initiated to enforce those rights. Any rights to discovery in an action to enforce the CVRA would emanate from the Federal Rules of Civil Procedure, if at all. Moreover, I would like to tell him that whatever Ken Starr said to our office, and what our office said to Ken Starr, has no bearing on whether a legal duty to consult, in the absence of any charge filed in the district court, existed. We will respond to any motion he files, claiming he has a right of access to these materials. As to paragraph 4, I discern no privilege attaching to e-mail and mail correspondence our office had with Epstein's attorneys. These could be considered plea discussions, but normally, one of the parties to the negotiation is complaining about the other side using information gleaned from such discussions improperly in the merits of the case. We could argue that disclosure to third parties could assert a chilling effect, but that seems to be a stretch. In any event, I think we should advise Cassell the U.S. Attorney's Office has no independent objection to the release of this correspondence between our office and Epstein's attorneys. It will be the victims' burden to notify Epstein, and respond to whatever objections he lodges. Thanks. From: Paul Cassell [mailto: Sent: Tuesda , March 15, 2011 7:21 PM To: USAFLS Cc: . (USAFLS); Brad Edwards Subject: RE: Government's Position on Several Pending Issues? Still Waiting for Answer Dear EFTA00206377

Brad and I have received Mr. letter of today. We are deeply disappointed. We will file our court pleadings on Friday. Mr. - again. letter still leaves unanswered a number of questions, which I am writing to raise with you - 1. You still have not provided, as you promised you would, the name of the person coordinating the OPR investigation. As a result we have not been able to obtain any information about the status of the investigation. Just to be clear, we intend to include in our filing information that OPR has begun an investigation and to include the information that we currently have about — we assume that making that information public will not compromise OPR's work. 2. We will be making initial disclosures to you under the Federal Rules of Civil Procedure shortly. We have not heard back from you on whether you will be making parallel disclosures. Accordingly, we understand your position to be that you are not obligated to provide to us any documents under Rule 26. 3. We understand your position to be that, despite the "best efforts" clause in the CVRA and your obligation to treat victims with fairness, you can withhold evidence from the victims that will help them prove CVRA violations. For example, we understand you to take the position that you can withhold the other half of the U.S. Attorney's correspondence, correspondence between the Department and Ken Starr and Lillian on behalf of Epstein, and information about role in the Epstein case. In short, we understand you to be asserting a blanket position that you can withhold information that will help prove the victims' CVRA case. If this is incorrect, please advise us promptly. If we have misunderstood you and you are willing to provide us relevant information, we will promptly provide you with a list of such information. If we have understood you correctly, we will be filing a motion with the Court shortly to block the Justice Department from suppressing such highly relevant information. 4. You still have not given us your position on the victims' motion to file an unsealed, unredacted pleading reciting the U.S. Attorney's correspondence. What is your position on that motion: We have been asking for your position on this motion for some time now. If we have not heard back from you by c.o.b. Wednesday, March 16, 2011, we will include in our pleadings the following statement: "The Justice Department attorneys handling this case have been contacted several times for their position on this issue but have refused to respond to give their position." Thanks you in advance for your assistance. Sincerely, Paul Cassell, Co-Counsel for Jane Doe Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at the University of Utah EFTA00206378

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. Subject: Epstein Location: oft Start: End: Fri 3/18/2011 10:30 AM Fri 3/18/2011 11:00 AM Recurrence: (none) Organizer: Required Attendees: call in . (USAFLS) (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS) When: Fri March 18, 2011 10:30 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada). Where: IMMI ofci call in Note: The GMT offset above does not reflect daylight saving time adjustments. From: (USAFLS) Sent: Frida March 18, 2011 9:06 AM To: (USAFLS) Hole. Can lease set a conference call for 10:30 this morning in office re: Epstein with and and ask for a number we should call in WPB? Thanks. From: (USAFLS) Sent: Friday, March 18, 2011 11:44 AM To: (USAFLS); (USAFLS); . (USAFLS); (USAFLS) Cc: (USAFLS) Subject: Emailing: 081124 Ltr to Black final.wpd EFTA00206379

Attachments: 081124 Ltr to Black final.wpd «081124 Ltr to Black final.wpd» This was the letter that was sent. The message is ready to be sent with the following file or link attachments: 081124 Ltr to Black final.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. From: (USAFLS) Sent: Monday, March 21, 20115:07 PM To: (USAFLS); (USAFLS); (USAFLS) Cc: (USAFLS); (USAFLS) Subject: Filings from Cassell Attachments: DE51_20110321_Motion to use correspondence and unseal.pdf; DE49_20110321_Motion to Have Facts Accepted as True.pdf; DE50_20110321_Motn for Brady-type evidence.pdf; DE50-1_20110321_Exhibit Edwards Letter.pdf; DESO-2_20110321_Proposed Order.pdf; DE48 302.pdf; DE48 Victim notification Itr.pdf; DE48 victim notification Ittpdf; DE48-5_20110321_NPA.pdf; DE48-6_20110321_Twiler Itr to DE48-7_20110321_Twiler Itr to Jim Eisenberg for • DE48-8_20110321_302 of from Jan 2008.pdf; DE48- 9_20110321_Twiler Itr to DE48_20110321_Motn for finding a violation of CVRA.pdf Here they all are <<DE51_20110321_Motion to use correspondence and unseal.pdf>> «DE49_20110321_Motion to Have Facts Accepted as True.pdf» <<DE50_20110321_Motn for Brady-type evidence.pdf» «DE50-1 20110321_Exhibit Edwards Letter. df>> «DE50-2 20110321 Proposed Order.pdf» <<DE48 302.pdf» «DE48- Victim notification Itrpdf» «DE48 victim notification Itrpdf» <<DE48- 5_20110321_NPA. f>> <<DE48-6_20110321_Twiler Itr to > <<DE48-7_20110321_Twiler ltr to Jim Eisenbe for > «DE48-8 20110321 302 of from Jan 2008.pdf>> «DE48-9_20110321_Twiler Itr to > <<DE48_20110321_MOtn for finding a violation of CVRA.pdf» Assistant U.S. Attorney Fax Subject: Epstein Location: ofc call in EFTA00206380

Start: End: Fri 3/18/2011 10:30 AM Fri 3/18/2011 11:00 AM Recurrence: (none) Organizer: Required Attendees: .(USAFLS) (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS) When: Fric March 18, 2011 10:30 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada). Where: IMMI ofci call in Note: The GMT offset above does not reflect daylight saving time adjustments. From: (USAFLS) Sent: Fncla , March 18, 2011 9:06 AM To: (USAFLS) Hola. Can oL fi pl_ se set a conference call for 10:30 this morning in office re: Epstein with MI and and ask for a number we should call in WPB? Thanks. Subject: Epstein Location: oft Start: End: Fri 3/18/2011 10:30 AM Fri 3/18/2011 11:00 AM Recurrence: (none) Organizer: Required Attendees: (USAFLS); call in (USAFLS) (USAFLS); (USAFLS); (USAFLS); (USAFLS); (USAFLS) When: Fric March 18, 2011 10:30 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada). Where: IMMI ofci call in Note: The GMT offset above does not reflect daylight saving time adjustments. From: (USAFLS) Sent: Ft-Ida , March 18, 2011 9:06 AM To: (USAFLS) Hola. Can ot y_ se set a conference call for 10:30 this morning in office re: Epstein with MI and and ask for a number we should call in WPB? Thanks. EFTA00206381