Ken Starr pressured DOJ to shut down Epstein prosecution
Confidential emails shed light on how Epstein's criminal defense team at Kirkland & Ellis LLP deployed aggressive tactics to save the child sex trafficker from a 60-count federal indictment.
Three recently uncovered confidential letters reveal Ken Starr1 pressured the DOJ’s No. 2 in charge to shut down the federal prosecution of the law firm Kirkland & Ellis’ most famous client: pedophile and child sex trafficker Jeffrey Epstein.
1998 photo of Independent Counsel Kenneth Starr revealing to the House Judiciary Committee his findings that then-President Bill Clinton had lied in a deposition about having “sexual relations” with White House intern Monica Lewinsky. Clinton was impeached.
Palm Beach Police Chief Turns Whistleblower: FBI Investigates
In 2005, City of Palm Beach Police Department received a report that Epstein had raped a 14 year old girl. Over 13 months, detectives collected volumes of evidence against Epstein and interviewed more than a dozen alleged underage victims.
In 2006, Police Chief Mark Reiter became concerned about how Florida prosecutors were handling the case, when they took the unprecedented step of empaneling a state grand jury to determine that Epstein should only be charged with soliciting prostitution. (Florida Statute § 796.07.) Chief Reiter reported the issue to the FBI, which launched a broader investigation that eventually made it to the desk of then U.S. Attorney Alexander Acosta in Miami.
Federal prosecutors submit a 60-count indictment against Epstein
Federal prosecutors worked with two FBI agents who discovered additional victims. In May 2007, the AUSA under Acosta submitted a 60 count indictment against Epstein.
US Attorney Alex Acosta enters a “sweetheart deal” with Epstein
In July 2007, federal prosecutors met with Epstein’s criminal defense team and offered to end their investigation in exchange for him pleading guilty to various state charges and two years imprisonment.
On 9/24/2007, Acosta entered the so-called “sweetheart deal” or non-prosecution agreement (“NPA”) with Epstein.
Former U.S. Attorney Alexander Acosta who worked through back channels to reach and agreement not to prosecute Epstein of any crimes he committed between 2001 and 2007.
The NPA is particularly bizarre because federal prosecutors backed off of what could have a 60-count indictment. Instead, they agreed to drop all crimes Epstein committed between 2001 and 2007 so long as Epstein pleaded guilty to the State of Florida’s criminal case against him for one charge of soliciting a prostitute.
The U.S. Government expressly agreed not to prosecute Epstein for any offenses he may have committed between 2001 and 2007. All this was done in the dark, without any involvement of Epstein’s victims—in clear violation of their rights.
Epstein resists entering a plea agreement with Florida state prosecutors
Notwithstanding Epstein’s NPA with federal prosecutors, Epstien did not immediately plea guilty in the Florida case as he was required to. Instead, over the next nine months, Epstein’s attorneys tried to the change the terms of the NPA and invalidate it. Meanwhile, state prosecutors were rapidly approaching the 2008 trial dates for their solicitation of prostitution case against Epstein.
Federal prosecutors empanel a new grand jury
Although Acosta had already entered a NPA with Epstein in September 2007, Epstein failed to comply with its terms. In the meantime, FBI agents continued to investigate Epstein. And in 2008, a new federal grand jury was empaneled, which began issuing subpoenas, including to Epstein.
Kenn Starr pressures No. 2 in Charge at the DOJ
After Epstein received a subpoena from the new grand jury, Kenn Starr went to work and began pressuring the DOJ to end the investigation and new federal prosecution of Epstein in its entirety.
On May 19, 2008, Ken Starr and Joe D. Whitley sent their first letter to then-Deputy Attorney General Mark Filip.2 They pressured him to shut down the federal investigation of Epstein.
Starr argued that Epstein’s conduct was purely “local” to Florida and only involved solicitation of prostitution.
Starr insinuated officials from the USAO in Miami, while investigating the matter, had engaged in prosecutorial misconduct that gave rise to an appearance of impropriety.
Starr pointed out that Acosta had even requested the DOJ investigate for prosecutorial misconduct surrounding the Epstein investigation.
Specifically, Acosta had requested the DOJ’s Child Exploitation Obscenity Section (CEOS) determine whether it would be an abuse of his own discretion to proceed with a criminal case against Epstein.
Ultimately, CEOS determined it was not. CEOS effectively gave Acosta the green light to prosecute Epstein.
But Starr continued to pressure the DOJ into discontinuing all federal involvement. Starr insisted that the feds back off and let Florida’s prosecutors resolve the solicitation matter.
Kenn Starr sends another letter to Deputy AG Filip
On May 27, 2008, Starr sent a follow up letter to Deputy AG Filip, urging him to “conduct an independent review of the proposed federal prosecution” of Epstein. At this point, Epstein remained in violation of the NPA, which required him to plead guilty in the Florida case for solicitation.
On June 19, 2008, Starr sent a third letter to the DOJ, this time to John Roth, Esq., then-Principal Associate Deputy Attorney General. Starr thanked him for the opportunity to explain why the federal prosecution of Epstein was unwarranted. Starr’s letter reveals he was pressing the federal government in every direction. Starr had pressured the CEOS and Southern District of Florida to stop prosecuting Epstein.
“[W]e have drafted four supplemental submissions that will provide a roadmap for your investigation of this matter. Given the bulk of these documents and their appended supporting attachments, you will receive this packet by messenger tomorrow.” Starr wrote.
On June 23, 2008, Deputy AG Filip informed Starr he would not intervene in the matter. Thereafter, Epstein finally agreed to fulfill his end of the NPA and plea guilty soliciting a prostitute.
Epstein finally complies with the Federal NPA and pleads guilty in the Florida criminal case to mere solicitation of prostitution
As a result, on June 30, 2008, Epstein finally appeared in a state court to plea guilty to solicitation and began serving his sentence. Thereafter, in 2008, Acosta granted Epstein immunity from all federal crimes.
On July 7, 2008, victim of Epstien filed a federal case under the Crime Victims’ Civil Rights Act, 18 U.S.C. § 3771 (“CVPA”), because Acosta failed to consult with the victims in reaching the NPA with Epstein. (Jane Doe v. United States (SDFL) Case No. 08-80736-CIV-MARRA.) In fact, Acosta withheld the NPA from the victims until a federal judge in Jane Doe v. United States,3 ordered asking a federal judge to order the USAO to turn over the NPA (subject to a protective order keeping the NPA sealed from the public).
After only three months in jail, Palm County Sheriff’s Department permitted Epstein to leave on work-release so that he could spend 12 hours a day working on his own company.
In 2009, Acosta resigned from the U.S. Attorney’s Office and became the Dean of Florida International University College of Law. In 2017, Trump nominated Acosta as the United States Secretary of Labor.
Kenneth Starr was a former federal judge and prominent lawyer who was appointed as independent counsel to investigate the Whitewater Controversy. After four years of investigation, Starr completed his report wherein he found then-President Bill Clinton had perjured himself in a civil lawsuit during a deposition where Clinton stated he did not have “sexual relations” with White House Intern Monica Lewinsky. This served as a basis for the eventual impeachment of Bill Clinton. Starr went on to work at Kirkland & Ellis. Starr was also the dean of Pepperdine University School of Law from 2004 through 2010. In 2020, Starr helped represent Donald Trump during his first impeachment. Starr died in 2022.
At the time Mark Filip had just been appointed by George W. Bush as the United States Deputy Attorney General. Prior to that he served four years as a federal judge for the Northern District of Illinois. Today, he is a partner at Kirkland & Ellis, LLP.
In 2015, Virginia Roberts Giuffre filed a motion to join the CVPA lawsuit as Jane Doe 3. In Giuffre’s motion for joinder, she revealed that Epstein had trafficked her, while she was a minor, to his attorney Alan Dershowitz and Prince Andrew.