DOJ-OGR-00021244.jpg

Case 22-1426, Document 77, 06/29/2023, 3536038, Page72 of 258
SA-70
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 70 of 348

e-mail that I would like to address, and I also would like to address
where we are in the case.

First, I wanted to address the comment about jumping the chain of
command. After that concern was brought to my attention several
months ago, I have tried very hard to be cognizant of the chain of
command. . . . If there is a particular instance of violating the chain
of command that you would like to discuss, I would be happy to
discuss it with you.

. . . .

The statement that I have not respected Alex’s position regarding
the prosecution of the case demonstrates why you hear the
frustration in the tone of my e-mail. For two and a half months I
have been asking about what that position is. I have asked for
direction on whether to revise the indictment, whether there are
other issues that Alex wants addressed prior to deciding, whether
there is additional investigation that needs to be done, etc. None of
that direction has been forthcoming, so I am left with . . . victims,
and agents all demanding to know why we aren’t presenting an
indictment. Perhaps that lack of direction is through no fault of
yours, but I have been dealing with a black box, so I do not know to
whom I should address my frustration. My recollection of the
original meeting with Alex and Jeff is quite different than your
summary. In that meeting, I summarized the case and the State
Attorney’s Office’s handling of it. I acknowledged that we needed
to do work to collect the evidence establishing a federal nexus, and
I noted the time and money that would be required for an
investigation. I said that I was willing to invest that time and the
FBI was willing to invest the money, but I didn’t want to get to the
end and then have the Office be intimidated by the high-powered
lawyers. I was assured that that would not happen. Now I feel like
there is a glass ceiling that prevents me from moving forward while
evidence suggests that Epstein is continuing to engage in this
criminal behavior. Additionally, the FBI has identified two more
victims. If the case is not going to go forward, I think it is unfair to
give hope to more girls.

As far as promising the FBI that an indictment was a foregone
conclusion, I don’t know of any case in the Office where an
investigation has been opened with the plan NOT to indict. And I
have never presented an indictment package that has resulted in a
declination. I didn’t treat this case any differently. I worked with
the agents to gather the evidence, and I prepared an indictment
package that I believe establishes probable cause that a series of
crimes have been committed. More importantly, I believe there is

44

DOJ-OGR-00021244