Prosecution–defense email chain on Maxwell discovery drive logistics, March 2021

EFTA00089777¶

Subject: RE: Discovery Issues¶

Apologies for the late response on this. It seems like it would be better to confer after you have heard back from your vendor, since the answers to #3-#6 will depend on what the vendor says. And I believe we have now resolved #7.¶

As for #1 and #2, I will call at MDC and represent to her that we have your concurrence to send the drive directly to Ms. Maxwell. If she agrees, we can add the additional productions to our drive before we send it. If she refuses, we will take it up with Judge Nathan.¶

Thanks,¶

Chris¶

From:¶

Sent: Monday, March 29, 2021 3:36 PM¶

To: Christian Everdell;¶

Cc: ‘Jeff Pagliuca’; Laura Menninger; Bobbi Sternheim (¶

Subject: RE: Discovery Issues¶

Chris,¶

We are available for a call to discuss tomorrow between 1pm and 2pm, between 3pm and 5pm, or after 5:30pm. Please let us know if there is a time in those windows that would work on your end. In the meantime, below are some initial responses:¶

1. Our supervisors have indicated that we are not permitted to send a drive that our IT department did not load to the MDC. As a result, we cannot provide the drive directly to the MDC. That said, I am happy to join you in asking the MDC to accept the drive from you. If the MDC still refuses, then my office would not object to an application to Judge Nathan for an order directing the MDC to accept the drive from you, though we would need to allow MDC legal counsel the opportunity to note their objections to Judge Nathan.

2. The MDC recently alerted us to this issue, and our paralegal converted the excel files at issue to pdfs and sent a new CD with those pdfs to the MDC. If you client still cannot view them, then we are happy to load them to a drive if you would like to provide one for us.

3. I have asked our vendor to look into this issue and will get back to you when I have spoken with them.

4. I have asked our vendor to look into this issue and will get back to you when I have spoken with them. That said, similar to the note I sent in my email regarding highly confidential images on March 16, 2021, the electronic files recovered from Epstein’s devices have the same metadata on the hard drive that was available when the FBI seized each file. For files that were carved or deleted, no metadata was recovered, so none is viewable, except for data showing when a particular file was saved to a drive by the investigative team or prepared for production.

5. As indicated in our November 9, 2020 discovery letter, all images within Bates range SDNY_GM_00467566 though SDNY_GM_00514100 were seized during the 2019 searches of Epstein residences. These are the images from the CDs that were recovered during those searches, so they did not come from any of the electronic devices that were the subject of extractions by CART. As a result, these images would not have CART numbers. As for the metadata, I have asked our vendor to look into this issue and will get back to you when I have spoken with them.