With this in mind, could you please save the Touhy correspondence in the 3500 folder? Thanks.¶
Sent from my iPhone¶
Begin forwarded message:¶
Determinations under Touhy are somewhat discretionary and to the extent our Office exercised discretion to give the W something the W wanted, that could be construed as a benefit. Here, it’s a benefit to her civil case. You can see how that might be developed on cross.¶
John,¶
Curious about that view – it’s not a benefit conferred upon her, in the sense that this avenue to obtain documents is available to literally any person. And the witness herself makes no statements whatsoever in the communications, nor are we providing anything that we aren’t also providing to the defense in discovery. Is your view that the fact of production of materials is Giglio? Or that the substance of her attorney’s request and the government’s responsive letter is Giglio? Just want to make sure we understand the theory.¶
thanks,¶
Alex.¶
EFTA00101882¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests¶
BTW, I probably don’t need to tell you, our Touhy communications with VB are probably disclosable as Giglio info.¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests¶
John,¶
Per our call yesterday, please find attached an updated letter responding to the Touhy request from the Epstein victim. The Maxwell team is okay with this version of the letter. Please let me know if this is what you had in mind, or happy to discuss/change things if not.¶
Thanks, Steven¶
John,¶
Please find attached a letter responding to a Touhy request from an Epstein victim and the documents to be produced with it. The Maxwell team has signed off on this response. We anticipate that requester’s counsel understands that the government has additional documents here and may press on why more are not being released. To attempt to address that issue up front, the letter notes that documents governed by 6(e) cannot be produced.¶
Please let us know if you have any concerns.¶
Thanks,¶
Steven¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests¶
Good by me¶