It’s certain to be one of the more attention-grabbing cases Alexander Acosta, Donald Trump’s labor secretary pick, ever worked on. Jeffrey Epstein was a billionaire money manager with a list of high-profile friends who was accused of raping or otherwise sexually abusing dozens of teenage girls, but he pleaded guilty to significantly more minor charges and spent just 13 months in jail under very favorable terms. Now the question is whether Acosta, then a U.S. attorney, let Epstein off easy.
Prosecutors in Acosta’s Miami office who had joined the FBI in the investigation concluded, according to documents produced by the U.S. attorney’s office, that Epstein, working through several female assistants, “would recruit underage females to travel to his home in Palm Beach to engage in lewd conduct in exchange for money … Some went there as much as 100 times or more. Some of the women’s conduct was limited to performing a topless or nude massage while Mr. Epstein masturbated himself. For other women, the conduct escalated to full sexual intercourse.” [...]
Federal prosecutors detailed their findings in an 82-page prosecution memo and a 53-page indictment, but Epstein was never indicted. In 2007, Acosta signed a non-prosecution deal in which he agreed not to pursue federal charges against Epstein or four women who the government said procured girls for him. In exchange, Epstein agreed to plead guilty to a solicitation charge in state court, accept a 13-month sentence, register as a sex offender and pay restitution to the victims identified in the federal investigation.
Acosta’s office faced a formidable lineup of defense attorneys—billions of dollars will get you a very solid legal defense.
Acosta’s “intention was to indict, and he fought hard and tried to get the best deal he could,” [Alan] Dershowitz said. “We outlawyered him.” Epstein did not return a call seeking comment.
Acosta was asked about the matter by Sen. Tim Kaine during his confirmation hearing and responded with a blandly worded explanation to the effect that it was all completely standard legal stuff and he got the best agreement he could and there was nothing to see here. We may not be able to know whether Acosta and other prosecutors gave Epstein favorable treatment because he had powerful friends—one Donald J. Trump is a potential witness in a related civil case—or whether Epstein’s billions bought him a defense team that scared off prosecutors or, I suppose, whether it really wouldn’t have been possible to prove Epstein guilty of more serious charges.
It’s clear that this is not one of the high points of his legal career, at a minimum. But it’s unfortunate that this sort of story gets so much attention compared to Acosta’s involvement in illegally stacking the Bush Justice Department with Republicans.