The problem with writing “in the moment” as I did yesterday in my take down of Alex Acosta’s bullshit “explanation” is that subsequent events can overtake your writing. This happened yesterday, but fortunately, two “concepts” that I struggled to define were defined for me by others later that day.
The Palm Beach county DA in the Epstein case confirmed what I wrote yesterday in his written statement when he said that no federal prosecutor would ever take a back seat to a state prosecutor. But more importantly, he confirmed that if Acosta thought that the locals were screwing the case up, all he had to do was to file his charges and take over the case! No back room double dealing and secret negotiations were required, just try the damn case in court.
This matters, because I think that Alex Acosta had a case to bring, and it was a strong case. I mean, how weak can a 54 page indictment be? Most Supreme Court rulings aren’t 54 pages long for Crissakes.I think that there were reasons that Acosta didn’t want to have to file that case.
Chuck Rosenberg nailed the other ephemeral problem I struggled with last night on Rachel Maddow’s show. What Rosenberg couldn’t understand, and I can’t either, is why Acosta entered into a non prosecution agreement with Epstein in the first place. That’s almost unheard of in federal prosecutions. I have the news on 7 days a week, 15 hours a day, and I can’t remember the last time i heard that phrase before this week.
Michael Cohen didn’t get one. Neither did Michael Flynn. Ditto for Paul Manafort. And it wasn’t on the radar for George Papadopoulos or Alex VanderZwaan either. Those guys got plea deals, not non prosecution agreements. basically, the government charged them with whatever they felt they could prove in court, and then dropped some charges in return for guilty pleas, cooperation, or both. The goal being to minimize But they were charged, because that’s how the feds do itz. the amount of time they have to serve, and have the prosecutors put in a good word for them at sentencing.
In his “explanation,” Acosta made himself appear like the hero, fearing that the county was about to let Epstein off of the hook, Acosta swept in like an avenging angel, threatening federal prosecution if Epstein didn’t cop to heavier state charges, with jail time, and registration as a sex offender. This makes absolutely no sense whatsoever. Since the charges Acosta would be filing would likely be things like statutory rape, child sexual assault, and child sex trafficking, if Acosta wanted Epstein put away, the solution would have been to file the federal charges with the much stiffer penalties, not settle for negotiating a piddly upgrade to the state charges.
This is pure speculation, but this is what I think happened, and it makes sense. I think that Alex Acosta knew full well who Jeffrey Epstein was, and the social and political weight he pulled. I don’t think that Alex Acosta threatened Epstein with federal prosecution to get him to accept a heavier state sentence, the federal charges would have done that. I think Acosta used the non prosecution agreement to avoid having to file federal charges, since the staff lawyers in the office, knowing the strength of their case, would have wanted to take a whack at Epstein if he got a slap on the wrist form the state. A federal plea deal would have meant a federal conviction, and no matter how he pleaded down, no single charge would have gotten him the cupcake sentence that the state charge did. The scam was to make it appear as if Epstein had caved to federal pressure, while the non prosecution agreement ensured that the feds couldn’t try him later if the outcry became too loud from the public, or Acosta’s own office.
When Alex Acosta signed that non prosecution agreement with Jeffrey Epstein, he may as well donned a blonde wig, a hot pink halter top, flaming red micro skirt, and a pair of “fuck me” pumps. I don’t know what Epstein’s quid pro quo was to Acosta for that deal, but I surely hope it comes out as the SDNY prosecutes its case. But all I can say to Alex Acosta is “I hope it was worth it.” Because no matter what you got, nd how yu got it, it was ultimately at east 36 innocent young girls who paid for it. You soulless prick.
I hope it was worth it.” because whatever you got, and however you got it, at least 36 innocent young girls are the ones who ultimately paid for it. You soulless prick.