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KIRKLAND & ELLIS LLP don’t feel comfortable with. And I said okay, but I willingly took it off.” See Tab 6, i. © MEN also stated “[slome girls didn’t want to go topless and Jeffrey didn’t mind.” See Tab 6, e Mr. Epstein did not engage in luring. o Mr. Epstein’s message books show that several masseuses would regularly call Mr. Epstein’s assistants, without any prompting by Mr. Epstein or his assistants, asking to visit Mr. Epstein at his home. o TEAR stated “a lot of gitls begged me to bring them back [to Mr. Epstein’s house].” e There was no alcohol or drugs involved, a fact that is not in dispute. ¢ Mr. Epstein has no prior criminal history, a fact that is not in dispute. ¢ These women do not see themselves as victims. © MBM indicated under oath that the FBI attempted to persuade her that she was in fact a “victim” of federal crimes when she herself repeatedly confirmed that she was not. See Tab 14 p. 9-12 and Tab 15, BE. B, p. 7. Conclusion Jeffrey Epstein, a self-made businessman with no prior criminal history, should not be prosecuted federally for conduct that amounts to, the solicitation of prostitution. A federal prosecution based on these facts would be an unprecedented exercise of federal power, a misuse of federal resources, and a prosecution that would carry with it the appearance, if not the reality, of unwarranted selectivity given the incongruity between the facts as developed in this matter and the factual paradigms for all other reported federal prosecutions under each of the three statutes being considered. It would require the pursuit of a novel legal theory never before sanctioned by federal law—and that indeed is inconsistent with each of the statutes prosecutors have identified. Accordingly, we respectfully request that you direct the U.S. Attomey’s Office for the Southern District of Florida to discontinue its involvement in this matter, and return responsibility for this case to the State of Florida. 17 HOUSE_OVERSIGHT_012158