Dear Inspector General Horowitz:
We write to request that your office conduct an investigation regarding the decision-making process by which the Department of Justice (DOJ) proposed, deliberated upon, and entered into a plea agreement with Jeffrey Epstein. As you are aware, considerable public attention is being paid to this matter in the wake of recent investigative journalism centered on the propriety and legality of the agreement, brokered on behalf of DOJ by then-United States Attorney for the Southern District of Florida R. Alexander Acosta, who currently serves as Secretary of the Department of Labor.
In an article published on Nov. 28, 2018, the Miami Herald revealed new details about the interconnected relationships between the prosecution and defense and explored many of the horrifying details of the alleged actions of Mr. Epstein, including child sex trafficking.[1] We are deeply concerned by Mr. Epstein’s horrific, serial abuse of children and new revelations about the process by which he was given, to quote the Herald, “the deal of a lifetime." It is essential that an independent investigatory office conduct an investigation to determine whether DOJ policies and procedures were followed in this matter.
We understand that similar requests have been made of your office by other Members of Congress with respect to this matter and that the subject matter is substantively and procedurally complex. While it is important that federal prosecutors are provided flexibility to strike plea bargains that serve the interests of justice and make our nation both safer and more fair, such negotiations and agreements must comport with federal law and DOJ policy, including ethical guidelines, and must be struck on terms that are beyond reproach.
The federal Crime Victims’ Rights Act provides numerous protections for victims of crime, including “the right to be informed in a timely manner of any plea bargain or deferred prosecution agreement."[2] We are concerned about whether this agreement is in compliance with the law, based on reported interviews with a number of Mr. Epstein’s victims who deny being informed, as well as court filings by DOJ seeking to justify the Department’s secrecy by claiming Mr. Epstein’s “concession" that his victims were in fact victims is of sufficient importance to warrant giving him special treatment. Our justice system is predicated on the fundamental value that no individual is above the law, and to that end, it is essential that plea agreements involving well-connected individuals not only follow the law and standard practice, but also stand up under scrutiny.
While the legality of the non-prosecution agreement and the horrifying treatment of Mr. Epstein’s victims are both matters subject to ongoing litigation, the judicial process must not be a substitute for oversight by Congress and the Executive Branch. We ask that you examine the circumstances and substance of this agreement to ensure compliance with all applicable DOJ rules and regulations and that you provide answers to the following questions:
Thank you for your time, consideration, and attention to this important matter. We look forward to a prompt response.
