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Case 1:20-cr-00330-AJN Document 142 Filed 02/04/21 Page 35 of 38 contract arising out of commercial negotiations among private parties, we believe the court did not correctly apply the standards that govern the interpretation of plea agreements with the government. We have long recognized that plea agreements are significantly different from commercial contracts.” Feldman, 939 F.3d at 189 (emphasis added). The court explained: Government conduct in negotiating plea agreements must comport with the highest standard of fairness. Because such agreements involve waivers of fundamental constitutional rights, prosecutors are held to meticulous standards of performance. /d. (citations and internal quotations omitted). The court held that given the absence of discovery and an evidentiary hearing, “the record does not furnish a basis for a complete understanding of what happened in the course of the plea negotiations,” and that the defendant’s evidence was “sufficient in these circumstances” to require the district court to take such action. Id. at 190. Unlike the agreement in Fe/dman, the NPA here contains no integration clause, and the co-conspirator immunity provision, on its face, bars prosecution of Epstein’s potential co- conspirators without limitation as to judicial district, time period of the underlying conduct, or the statutory violations alleged. Moreover, unlike the defendant in Feldman, Ms. Maxwell had no role in the negotiation of the NPA, and thus a// of the information relevant to its construction is in the possession of third parties. However, we understand that Epstein sought the maximum protection from prosecution possible for his potential co-conspirators and that Main Justice participated in the negotiation of the NPA, and there is evidence that the USAO-SDFL consulted with the USAO for this District in its investigation. SDFL Privilege Log at 4, 5, 7. This information could be confirmed through discovery. Media reports regarding the November 2020 OPR report further support Ms. Maxwell’s position. Only the executive summary of the OPR report was released to the public, and the 30 DOJ-OGR-00002607