EFTA00175147.pdf

Department of Justice EXECUTIVE SECRETARIAT CONTROL SHEET DATE OF DOCUMENT: DATE RECEIVED: FROM: TO: MAIL TYPE: SUBJECT: DATE ASSIGNED 03/01/2019 INFO COMPONENT: COMMENTS: FILE CODE: EXECSEC POC: 2/25/2019 WORKFLOW ID: 4212486 2/28/2019 DUE DATE: 3/15/2019 The Honorable Ben Sasse* United States Senate Washington, DC 20510 AG Congressional Priority (Reed from OLA via email) Ltr from Chmn Sasse, Subcomte on Oversight, Agency Action, Federal Rights and Federal Courts, congratulating the AG on his confirmation and following-up on recent developments on a matter raised during the confirmation hearing before the Senate Judiciary Comte. Stating on 11/28/2018, The Miami Herald published the results of a lengthy investigation into the crimes of Jeffrey Epstein. Mentions on 02/21/2019, a federal court issued a ruling in a civil suit brought against the federal government by two of Epstein's victim, holding that DOJ did indeed "conceal the existence of the [non-prosecution agreement] and mislead the victims to believe that federal prosecution was still a possibility" in violation of the Crime Victims' Right Act. Urging DOJ to reopen its non-prosecution agreement so that Epstein and anyone else who abused these children are held accountable. See WFs 4167042 & 4167070. ACTION COMPONENT & ACTION REOUESTED EOUSA Prepare response for AAG/OLA signature. OAG, ODAG, CRM, FBI, OLA, OPR 03/01/2019: Per OLA, assign to EOUSA. EFTA00175147 COMMYEES: BEN SASSE NEBRASKA United *tams ,*enate WASHINGTON, DC 20510 February 25, 2019 The Honorable William P. Barr Attorney General of the United States 950 Pennsylvania Avenue Northwest Washington, D.C. 20530 Dear General Barr, ARMED SERVICES JUDICIARY BANKING Congratulations on your recent confirmation. I write to you today in regard to recent developments on a matter I raised with you during your hearing before the Senate Judiciary Committee. On November 28, The Miami Herald published the results of a lengthy investigation into the crimes of Jeffrey Epstein. Epstein, a wealthy hedge-fund manager, "assembl[ed] a large, cult- like network of underage girls — with the help of young female recruiters — to coerce into having sex acts behind the walls of his opulent waterfront mansion as often as three times a day"I and "was also suspected of trafficking minor girls, often from overseas, for sex parties at his other homes in Manhattan, New Mexico and the Caribbean."2 According to The Miami Herald: Facing a 53-page federal indictment, Epstein could have ended up in federal prison for the rest of his life. But ... a deal was struck — an extraordinary plea agreement that would conceal the full extent of Epstein's crimes and the number of people involved. Not only would Epstein serve just 13 months in the county jail, but the deal... essentially shut down an ongoing FBI probe into whether there were more victims and other powerful people who took part in Epstein's sex crimes, according to a Miami Herald examination of thousands of emails, court documents and FBI records. The pact required Epstein to plead guilty to two prostitution charges in state court. Epstein and four of his accomplices named in the agreement received immunity from all federal criminal charges. But even more unusual, the deal included wording that granted immunity to "any potential co-conspirators" who were also involved in Epstein's crimes. . . . As part of the arrangement, [the Department of Justice] agreed, despite a federal law to the contrary, that the deal would be kept from the victims; On February 21, a federal court issued a ruling in a civil suit brought against the federal government by two of Epstein's victims, holding that the Justice Department did indeed "conceal I Julie K. Brown, How a future Trump Cabinet member gave a serial sex abuser the deal ofa lifetime, MIAMI HERALD, Nov. 28, 2018, https://www.miamiherald.cominewsflocal/ithicle220097825.html. l id 3 k1 KFARNF Y OFFICE UNCOI N OFFICE OMAHA OFFICE SCOTTSBLUFF OFFICE WASHINGTON DC OFFICE EFTA00175148 the existence of the [non-prosecution agreement] and mislead the victims to believe that federal prosecution was still a possibility"' in violation of the Crime Victims' Rights Act I am relieved that the court agrees that it was wrong to hide this child rapist's pathetically soft deal from his victims in violation of federal law. The fact that it has taken this long to get this far is heartbreaking and infuriating. In its order, the court instructed "[t]he parties [to] confer and inform the [c]ourt within 15 days ... how they wish to proceed on determining the issue of what remedy, if any, should be applied in view of the violation?* The court specifically noted that it had "previously held" that "the CVRA authorizes the rescission or `reopening' of a prosecutorial agreement, including a non-prosecution agreement, reached in violation of a prosecutor's conferral obligations under the statute?* I write to you today to urge you to do just that. The Department of Justice should use this opportunity to reopen its non-prosecution agreement so that Epstein and anyone else who abused these children are held accountable. Sincerely, Ben Sasse United States Senator Chairman, Senate Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts Doe v. United States, No. 08-80736-CI V-MARRA, slip op. at 27-28, 33 (S.D. Fla. Feb. 21, 2019). ski at 33. 6 Id at 26. 2 EFTA00175149 From: DO] Correspondence (SMO) [ Sent: Monday, February 25. 2019 5:09:04 PM To: D]ExecSec (]MD) CC: Tolson. Kimberly G (]MD) Subject: FW: Letter from Sen. Sasse to Gen. Barr re: Epstein non-prosecution agreement/Doe v. United States Pls assign to EOUSA; see related WF 4167042 & 4167070. Thanks. From: Escalona, Prim F. (OLA) Sent: Monday, February 25, 2019 4:05 PM To: N DOJ Correspondence (SMO) Cc: Subject: FW: Letter from Sen. Sasse to Gen. Barr re: Epstein non-prosecution agreement/Doe v. United States From: Payne, William (Sasse) Sent: Monday, February 25, 2019 3:28 PM To: E Subject: Letter from Sen. Sasse to Gen. Barr re: Epstein non-prosecution agreement/Doe v. United States Please find attached a letter from Sen. Sasse to Attorney General Barr in regards to the Epstein non-prosecution agreement and the recent order in the Doe v. United States litigation. Given the time-sensitive nature of the issue, I wanted to flag for you two personally. Do please acknowledge receipt. Thanks, Will William R. Payne Chief Counsel to Sen. Ben Sasse U.S. Senate Committee on the Judiciary EFTA00175150 Department of Justice EXECUTIVE SECRETARIAT CONTROL SHEET DATE OF DOCUMENT: DATE RECEIVED: FROM: TO: MAIL TYPE: SUBJECT: DATE ASSIGNED 12/06/2018 INFO COMPONENT: COMMENTS: FILE CODE: EXECSEC POC: 12/3/2018 WORKFLOW ID: 4167042 12/4/2018 DUE DATE: The Honorable Ben Sasse* United States Senate Washington, DC 20510 OPR Congressional Priority (Reed from OLA via email) Ltr from Chmn Sasse, Subcomte on Oversight, Agency Action, Federal Rights and Federal Courts, stating on 11/28/2018 the Miami Herald published the results of a lengthy investigation into the crimes of Jeffrey Epstein. Expressing concern that federal prosecutors appeared to craft a secret, sweetheart deal and concealed it from the women and girls that were abused, in apparent violation of federal law. Requesting OPR open an investigation into the instances identified in this reporting of possible misconduct by DOJ attorneys and a response in writing NLT 12/07/2018. See WF 4167070. ACTION COMPONENT & ACTION REQUESTED OPR Prepare response for AAG/OLA signature. OAG, ODAG, CRM, EOUSA, OLA 02/06/2019: OLA submitted supplemental response Itr dtd 02/06/19. Also providing a copy of ltr dtd 01/14/19 from Sen. Sasse. cc: Chmn files. 12/21/2018: OPR replied by ltr dtd 12/14/18. (OLA Kellner approved signature level change from OLA to OPR). cc: Chmn files. 12/06/2018: Per OLA, assign to OPR. CHMN FILE: SASSE EFTA00175151 Department of Justice EXECUTIVE SECRETARIAT CONTROL SHEET DATE OF DOCUMENT: DATE RECEIVED: FROM: TO: MAIL TYPE: SUBJECT: DATE ASSIGNED 12/06/2018 INFO COMPONENT: COMMENTS: FILE CODE: EXECSEC POC: 12/3/2018 WORKFLOW ID: 4167070 12/4/2018 DUE DATE: 12/20/2018 The Honorable Ben Sasse* United States Senate Washington, DC 20510 CRM Congressional Priority (Reed from OLA via email) Ltr from Chmn Sasse, Subcomte on Oversight, Agency Action, Federal Rights and Federal Courts, stating on 11/28/2018 the Miami Herald published the results of a lengthy investigation into the crimes of Jeffrey Epstein. Expressing concern that federal prosecutors appeared to craft a secret, sweetheart deal and concealed it from the women and girls that were abused, in apparent violation of federal law. Requesting his team be briefed on the Department's decision-making process in the course of this matter NLT 12/07/2018. See WF 4167042. ACTION COMPONENT & ACTION REQUESTED EOUSA Prepare response for AAG/OLA signature. OAG, ODAG, CRM, OLA, OPR 12/06/2018: Per OLA (Pings), assign to EOUSA for drafting. EFTA00175152