Subject:	RE: US v. Maxwell - [conferral re photo and other discovery deficiencies]
Date:	Mon, 30 Aug 2021 23:42:05 +0000

Laura, With respect to your questions about the HC materials, as I noted in my earlier email, we do not know how the miscommunication about the number of images happened. Somehow that number was relayed incorrectly to me from the FBI during my verbal conversations with them. I have confirmed, however, that the correct number of images was saved on the hard drives that were made available to you for review during your trip to New York. In other words, although I was told (and relayed to you) that there was a much smaller number of HC images, the correct number of images (the number indicated in the 302) was contained on the hard drives made available to you for your review at 500 Pearl in the spring. The HC images come from two sources: First, there were HC images recovered from the CDs seized from Epstein’s New York residence. Second, there were HC images and videos recovered from the electronic devices seized from Epstein during his arrest, the search of his New York residence, and the search of his Virgin Islands residence. The first category of HC images was made available for your client and defense counsel to review at the MDC int eh fall. The first and second categories were both made available for your client and defense counsel to review at 500 Pearl Street in the spring. My understanding from the FBI is that the drive that was sent to Colorado provides the HC images in html files, similar to those contained in the recent production of confidential images dated August 5, 2021. You can refer to the images by the title of the html file in which they are saved and the row number in which they appear within that html file. These files are not Bates stamped because we are not permitted to save them on the U.S. Attorney’s Office's system, so our paralegals cannot stamp them. Our team is continuing to assess what, if any, HC images we may seek to offer at trial. As soon as the team has made a final decision on that score, we will let you know. Given the many moving pieces with trial preparation, however, I cannot provide a more definite timeline at this point. Best, Assistant United States Attorney Southern District of New York 1 St. Plaza New York, NY 10007 EFTA00075650 Thank you for getting me some dates and times. Unfortunately something else has come up in the meantime that makes today unworkable. I will plan to be there at 10:30 a.m. next Wednesday and see how far I can get before requesting additional dates and times. In addition to my earlier questions, can you please let me know if there are Bates numbers or other production identifiers / logs for me to work off of during this review? The items are available for review tomorrow after 11 MDT or Wednesday, September 1, after 10:30 MDT. Please let us know when you plan to do the review so I can let the FBI agent know. The review will be at in Denver and the FBI agent is . If you need different or additional dates/times, please let us know. will get back to you on your questions about HC materials. We are available to review the hard-drives and boots this Thursday (8/26), next Tuesday (8/31) or on September $ 1^{\mathrm{st}} $ . Let me know which FBI office and any local officer I need to coordinate with for entry to the building. On the topic of HC materials, I don’t believe I have yet received an explanation for statement below (“I have confirmed with the FBI that the larger number contained in the 302 is accurate. I have not been able to figure out where | EFTA00075651 | | :--- | :--- | This is a simple Markdown document with no headings or paragraphs. It contains just one line of text. the disconnect arose between the actual number and the number that was verbally conveyed to me, which I then conveyed to you. I apologize for the mistake, which was unintentional.”). Can someone please provide an explanation for the reason those two numbers differed so dramatically? What is the current count of HC photos? Where did all of the HC photos come from? We may need more than one session of viewing, depending on the size of the hard drives. I also may need to re-review with an expert once I have had an opportunity to view any new materials for the first time. I also likely will need to sort out a method of viewing these with my client. Finally, given the volume of HC materials, offered when we were in NY at some point to specify which if any HC materials the government seeks to introduce at trial. If you are able to do that now (prior to my review), it certainly will cut-down on the time needed to review and potential expert fees. Obviously if I am unable to view the materials in sufficient time, we may need to seek extra accommodations to complete the task, and a means of reviewing these new HC materials with Ms. Maxwell, as is her right. Let me know if those dates work and an explanation. Counsel, We write to meet and confer about Judge Nathan’s order (Dkt. No. 322) and some other issues. Please let us know if you are free to speak by phone tomorrow before 3 pm or Tuesday after 2:30 pm. Also, please let us know some dates and times that you would like to review the hard drives and boots in Colorado. Laura, EFTA00075652 Thank you for your email and for your patience as I track down answers for you. By the end of this week, I expect to have a production ready for you, which will contain two categories of images responsive to the discussions we have been having: - First, the production will include several thousand images that the FBI has de-designated from Highly Confidential down to Confidential. These will be produced in a format that should provide you with all available metadata together with each image. This production is the culmination of the de-designation review process that the FBI has completed over the past few months. - Second, the production will include all of the approximately 40,000 images previously produced to you, which were extracted from CDs seized from Epstein’s New York residence. This production will be in a new format that should provide you with all available metadata together with each image. For this production, we will need two 500GB hard drives (one for counsel’s copy and one for Ms. Maxwell’s copy) on which to load the materials. I have also discussed your request that the FBI relocate certain items to the field office in Colorado to facilitate your review. The FBI is able to make such a transfer of two of the items you requested: - The FBI will send hard drives containing the remaining highly confidential image and video files seized from Epstein’s devices and CDs to Colorado, where you may review them. As was the case in New York, these will need to be reviewed on a government laptop in the presence of an FBI employee and cannot be copied, photographed, or removed from FBI property. - The FBI will also send the boots that were recently taken into evidence at 1B items to Colorado, where you may review them. You may examine and photograph the boots in the presence of an FBI employee, but they may not be removed from FBI property. - The photographs provided by cannot be shipped out of the New York office because they are logged as 1A items and must remain with the case file in New York. We are happy to arrange a time for the defense to examine those photographs in person in New York. You may examine and photograph the photos in the presence of an FBI employee, with the understanding that any photographs of these materials must be treated as Confidential under the Protective Order in this case. There are relatively few photographs, so any review of these should not be time-intensive. Both of the case agents on our team are out of the office this week and next week, but we are working to find other agents who can help us coordinate shipping the drives and the boots to Colorado. My hope is that they will get to Colorado by next week. Please let me know what date(s) you would like to review those items later this month, and I will coordinate with the FBI to schedule your review. Best, Assistant United States Attorney Southern District of New York 1 St. Plaza New York, NY 10007 |