Collaboration or Capitulation: The DOJ’s Colloquy With Epstein’s Lawyers Exposed (Part 4) (4/2/26)

0:00What's up everyone and welcome to another episode of the Epstein Chronicles. In this episode we're going to pick up with the emails from Marie Villafana to the other members of the prosecution and to Jeffrey Epstein's legal team. Email from Andrew Laurie to Marie Villafana on September 13th, 2007. He is going to give us an assault on the plane or we can do conspiracy. Next email from Marie Villafana to Andrew Laurie on September 13th, 2007. Hi Andy, it would still have to be conspiracy to commit an assault on a plane. I just want to make sure that we have something that is factually accurate. Just trying to plan ahead. I just got an email from J. Lefkowitz asking if I'm free to talk tomorrow at 9. Will you be in then? I have to report to the hospital at 1015. Next email from Andrew Laurie to Marie Villafana sent on September 13th, 2007.

1:03I have a 9.30 hearing in Miami. Villafana responded on September 13th, 2007 to Andrew Laurie. All right, I will get Rolando and or Jeff to come with me. Next email Marie Villafana to Rolando Garcia and Jeff Sloman. Hi all, I just received an email from J. Lefkowitz wanting to do a call tomorrow morning. Andy will be on the road, but will be on the conference call. Does anyone else want to join in? Next email from Marie Villafana on September 13th, 2007 to Karen Atkinson and Sean Ball, CC John McMillan. In case Karen has any changes to the indictment package and wants to send it on to Rolando, hear the indictment and prosecution memo. Sean has the forms. Next email was sent by Marie Villafana on Friday, September 14th, 2007. This email was sent to Jeff Sloman, Alex Acosta, Andrew Laurie, Rolando Garcia, CC Karen Atkinson, John McMillan, and Sean Ball.

2:07Hi all, J and I talk through the main issue, which were the charges that Epstein would plead guilty to. He put in a pitch for only 12 months. I put in a pitch that he plead to 24 with a 20 month recommendation and we decided that we would be stuck with the 18 months, so he will plead to one count of obstructing a witness from reporting a crime based upon redacted's call to one of the girls subtly pressuring her, not to participate in the investigation and one count of simple assault on an airplane based upon an incident where Epstein put great pressure, J's words on redacted to call the girls to set up appointments. I will revise the plea agreement accordingly and draft an information for your review. I'll be out for the rest of the day, but I'll be accessible over the weekend. I will give you all of the electronic files to Karen and Sean in case you need to make changes. J thinks he will have assigned agreement by Monday and I'm hoping that we can convince Judge

3:08to use the time on Tuesday that he set aside for the hearing to take the plea instead, documents to follow. Next email, Marieville Fana, to Jeff Slomin, Alex Acosta, Rolando Garcia, Andrew Laurie, C. Seed, Karen Adkinson, and Sean Ball. Here are the proposed plea agreement and information. If any changes need to be made, please contact Sean via email. I'll be out the rest of the day, but you can contact me at phone number given and I will be able to access email over the weekend. Next email from Marieville Fana, to Jeff Slomin, Alex Acosta, Andrew Laurie, Rolando Garcia, and C. Seed to Karen Adkinson, John McMillan, and Sean Ball. This email was sent on September 14, 2007. Hi all, Jay and I talked through the main issue, which was the charges that Epstein would plead guilty to. He put in a pitch for only 12 months, I put in a pitch that he plead to 24

4:12with a 20 month recommendation, and we decided that we would be stuck with the 18 months. So we will plead to one count of obstructing, a witness from reporting a crime based upon Sarah Kellan's call to one of the girls subtly pressuring her, not to participate in the investigation, and one count of simple assault on an airplane based upon an incident where Epstein put great pressure, Jay's words, on redacted not to call girls or to call girls to set up appointments. I will revise the plea agreement accordingly and draft an information for your review. I'll be out the rest of the day, but I'll be accessible over the weekend, I'll give all the electronic files to Karen and Sean in case you need to make changes. Jay thinks we will have a signed agreement by Monday, and I'm hoping that we can convince Judge Mara to use the time on Tuesday to take this hearing instead of the plea instead documents to follow. Next email was sent by Marie Villafana on September 14, 2007 to Jeff Slamon, Alex Acosta, Rolando Garcia, and Andrew

5:15Laurie, C.C. Karen Atkinson, Sean Ball. Here are the proposed plea agreement and information. If any changes need to be made, please contact Sean via email, and I'll be out the rest of the day, but I'll be able to access my emails over that time. Thank you. Next email from Jeff Slamon to Marie Villafana, Alex Acosta, Rolando Garcia, and Andrew Laurie, C.C. Karen Atkinson, and Sean Ball. Andy has agreed to help finalize this. I'll be out of town beginning tomorrow. Next email from Marie Villafana to Rolando Garcia, and Andrew Laurie. Hi Rolando, here's the last email that I sent to Jay last night. Jay talked with his client about it and reports that they're leaning towards options one or four. They're going to try to make the decision today. There seems to be some dissension in the ranks because Jack Goldberger gave some incorrect information, and draft a proposed either non-prosecution agreement or a plea agreement.

6:18As you can see from my list below, there are a number of things in their last draft that were unacceptable. All the loopholes that I showed up, they tried to open. So Jay is supposed to be consulting with Roy Black regarding the correct state, information, and then will give me a call. I agreed to ask the judge to take the hearing off the calendar tomorrow and postpone the grand jury appearances that were scheduled from tomorrow. But I told him no uncertain terms that I am inditing on the 25th, so this needs to be resolved early this week. Andy and I talked about all of this as well, long answer to short questions, sorry. Hi Jay, this can wait until after the show, but my voice is going so I thought that I would type it up. I talked to Andy and he still doesn't like the factual basis. In his opinion, the plea should only address the crimes that were addressing, and we're not investigating Mr. Epstein abusing his girlfriend. So these are the only options that he recommended. One, we go back to the original agreement where Mr. Epstein pleads

7:19only to state charges and serves his time in the state, except that we can agree to 18 months in prison men. Two, Mr. Epstein pleads guilty to the state charges and also pleads to either two obstruction counts or to one count of violating US code 47, section 223 A1 and B with a joint non-binding recommendation of 18 months so that Mr. Epstein can serve his time federally. Three, my suggestion only, not Andy's, I go back to the US attorney and ask him to agree to an ABA plea to a 371 count conspiracy to violate. 24, 22 B with a binding 20 month recommendation so that Mr. Epstein can serve all of his time in a federal facility. Or four, Mr. Epstein pleads to one obstruction count and serves part of his time federally and part state. On your other proposed changes, some are fine and some are problematic. Your paragraph, too, as to timing, is my understanding

8:23that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case, but that he needs to plead guilty and be sentenced after serving his federal time. Andy recommended that some of the timing issues be addressed only in the state agreement so that it is an obvious to the judge that we're trying to create federal jurisdiction for prison purposes. My understanding is that Mr. Epstein should sign a state plea agreement, plead guilty to the federal offenses, plead guilty to the state offenses, be sentenced on the federal offenses, and then be sentenced on the state offenses, and then start serving the federal sentence. Response your paragraph three, as to the reservation of Mr. Epstein's right to withdraw the state plea or to appeal to the state plea sentence, that's fine, but we need the caveat that, if you were to do so, the United States could proceed on our charges. Response to paragraph six, with respect to the waiver of the right to appeal the federal sentence,

9:23given the way that we have drafted the information, it's possible that getting the 18-month sentence will require an upward departure. The version of the agreement that you are working from is a federal non-prosecution agreement. The ones I have sent you recently are plea agreements that are filed with the court. Please see if the appeal waiver language in those versions is all right. Reply to paragraph seven. As I mentioned, we will not waive the present tense investigation. I know that this will delay Mr. Epstein's sentencing by 70 days, but that will allow him to get all of his affairs in order. As to bell, it will be set at the time of the arrangement, and we can work out a joint recommendation regarding the amount and its limitations. I have no objection to making a joint recommendation that Mr. Epstein remain out on bond pending his sentencing, but I'm not sure that it belongs in a plea agreement, especially since I can't bind the court on that issue. However, I can assure you, and we can put it in the record during

10:24the plea colloquy that I will join in your recommendation that he remain out on bond pending sentence. The same goes for the prison camp issue. As I mentioned, I have opposed a designation only once in a very particular case. I can assure you that we can put it on the record at the plea colloquy that I will not oppose your recommendation for Mr. Epstein's designation. Response to paragraph eight. As I mentioned over the telephone, I can't bind the girls to the trust agreement, and I don't think it's appropriate that a state court would administer a trust that seeks to pay for federal civil claims. We both want to avoid unscrupulous attorneys and or litigants from coming forward, and I know that your client wants to keep these matters outside of public court filings, but I just don't have the power to do what you ask. Here's my recommendation. During the period between Mr. Epstein's plea and sentencing, I make a motion for appointment of the Guardian Adlitium. The three of us sit down and discuss things,

11:24and I will facilitate as much as I can, getting the girls approval of this procedure because, as I mentioned, I think it's probably in their best interest. In terms of plea agreement language, let me suggest the following. The United States agrees to make a motion seeking the appointment of a Guardian Adlitium to represent the identified victims. Following the appointment of such a Guardian, the parties agreed to work together in good faith to develop a trust agreement, subject to the court's approval that would provide for any damages owed to the identified victims pursuant to U.S. Code 18, Section 2255. Then include the last two sentences of your paragraph aid. Response to the two paragraphs following your paragraph aid. I will include our standard language regarding resolving all criminal liability, and I'll mention co-conspirators, but I would prefer not the highlight for the judge, all the other crimes, and all the other persons that we could charge. Hold on a minute, I have to interrupt here. Did you just hear what

12:28she said here? I will mention co-conspirators, but I would prefer not the highlight for the judge, all of the other crimes, and all of the other persons that we could charge. Sure, just a lone predator, though, right? Nothing like blowing the narrative out of the water. Also, we do not have the power to bind immigration, and we make it policy not to try to. However, I can tell you that, as far as I know, there is no plan to try and proceed on any immigration charges against either Miss Ross or Miss Redacted. They mean Nadia there. Also on the grand jury subpoenas, I can prepare letters with drawing them, as of signing of the plea agreement, but I would prefer to take out that language. In my eyes, once we have a plea agreement, the grand jury's investigation has ended, and there can be no more use of the grand jury's subpoena power. I had hoped that we were far closer to resolving this than it appears that we are. Can I suggest that tomorrow we either meet live or via teleconference, either with your client or having him within a quick phone call to

13:32hash out the items? I was hoping to work only a half day tomorrow to save my voice for Tuesday's hearing and grand jury, if necessary, but maybe we can set a time to meet. If you want to meet off campus somewhere, that's fine. I'll make sure that I have all the necessary decision-makers present or on the call, as well. If we can resolve some of these issues today, let's try to, and then save only the difficult issues for tomorrow. Sorry for the long email, and for ruining your date with your daughter. The email was sent by Marie Villafana. All right, folks, a lot of process there, so we're going to wrap this one up, and in the next episode dealing with the topic, we're going to pick up where we left off. All the information that goes with this episode can be found in the description box.