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Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 22 of 54 investigation into Epstein and his co-conspirators, leading to a 2019 indictment against Epstein and a 2020 indictment against the defendant. The defense has indicated that it will seek to make the prior investigations and charging decisions the subject of testimony at this trial. For example, the defense has notified the Government that it seeks to call FBI case agents from these investigations to testify “concerning the scope, timeline, and resolution of the investigation, as well as the various investigative steps taken by the agents, including by not limited to testimony about numerous witness interviews they conducted, physical evidence they reviewed, [and] documents they obtained by subpoena.” (See Exhibit A). In their voir dire motion, the defense stated that they expect “Epstein’s arrests and prior convictions for sexual misconduct, allegations of his sexual misconduct of minors over the course of two decades, and his untimely death awaiting his federal trial will be front and center” at this trial. (Mem. of Law, Dkt. No. 342 at 2). The Court should preclude any evidence and argument about (1) charging decisions in criminal investigations of Epstein and his co-conspirators, and possible reasons for those decisions, and (2) the investigative steps taken during the current and prior investigations, including the length of those investigations. The Government’s charging decisions are squarely within its discretion and not a probative topic on which the jury should speculate, and the Government has no obligation to use any particular investigative technique. The Court should not permit evidence on these subjects, which would create an irrelevant sideshow that would significantly delay this trial and confuse the jury. Similarly, the Court should not permit the defense to call FBI case agents in order to introduce evidence about those topics. 21 DOJ-OGR-00006382