From: ' ET( JUSANYS)" To: SANYS)" Subject: RE: Following up Witness PA Date: Mon, 29 Jun 2020 17:20:11 +0000 Inline-Images: image001.png; image002.png; image003.png; image004.png On the subject never ends, the State Department would like us to modify our proposed confidentiality language as follows: Absent a court order directing otherwise, U.S. authorities will not use or disclose the content of the witness's statements in an interview with U.S. authorities in any matter other than a U.S. criminal investigation or proceeding, and any non-criminal judicial or administrative proceeding directly related to a U.S. criminal investigation or proceeding, pursuant to Article 7 of the Treaty. Do you have thoughts on whether that would be broad enough to include any potential civil action we might pursue in connection with the Epstein estate in USVI? Not sure we would ever plan to do so, but was trying to preserve the option. That said, if this is the language of the treaty, not sure how hard we can push back. From: (USANYS) Sent: Friday, June 26, 2020 3:27 PM To: (USANYS) Subject: RE: Following up Witness PA I think that's OK. Note that Touhy is not entirely discretionary—it applies after a subpoena issues, and our denial can be reviewed in court. But we can easily insist on a court order. At the beginning of the 302 (and any notes) the following should be stated: Note that for purposes of any FOIA request, subpoena/Touhy request, Privacy Act routine use disclosure, or any other disclosure this document is subject restrictions on disclosure pursuant to the MLAT pursuant to which the interview took place. Absent a court order directing otherwise, the SDNY or FBI will not use or disclose the content of the witness's statements in an interview with law enforcement in any matter other than a criminal investigation, prosecution, or related civil action or asset forfeiture action initiated by the United States government. The FBI should really understand that any leak of any of this would be pretty terrible. From: (USANYS) Sent: Friday, June 26, 2020 2:58 PM To: USANYS) Subject: FW: Following up Witness PA . - See below for the language of the treaty. In light of that, M . has signed off on the following language, but let me now if you have any concerns: Absent a court order directing otherwise, the SDNY or FBI will not use or disclose the content of the witness's statements in an interview with law enforcement in any matter other than a criminal investigation, prosecution, or related civil action or asset forfeiture action initiated by the United States government. EFTA00101535