12/11/07 Starr, LeFkowitz + LeFkowitz to Acosta EFTA00176111 12/11/2007 11:37 FAX 002/099 # KIRKLAND & ELLIS LLP AND AFFILIATE PARTNERS Kenneth W. Starr To Call Writer Directly: (213) 680-8440 kslarr@kirkland.com 777 South Figueroa Street Los Angeles, California 90017 [213] 680-8400 www.kurkiand.com | Information | | :--- | | HESCIMILU: | | (213) 600-8500 | December 11, 2007 VIA FACSIMILE (305) 530-6444 Honorable R. Alexander Acosta United States Attorney United States Attorney’s Office Southern District of Florida 99 NE 4th Street Miami, FL 33132 Re: Jeffrey Epstein Dear Alex: As we discussed during our telephone conversations on both Friday and Monday (yesterday), we are submitting two separate letters that address our broad areas of deep concern in this matter: First, the cluster of fundamental policy issues surrounding the use and implementation of 2255, a richly policy-laden but uncharted area of federal law; and second, our profound concerns as to the background and conduct of the investigation. Consistent with our conversations, we submit these letters with the assurance and understanding that our doing so in no manner constitutes a breach of the Non-Prosecution Agreement or unwinds that Agreement. We are grateful for your courtesy in agreeing to receive and consider these submissions, and then to meet to discuss them. As you undertake your study and reflection, kindly allow me to make this pivotal point: In the combined 250 years experience of Jeffrey's defense team, we have together and individually concluded that this case is not only extraordinary and unprecedented, it is deeply and uniquely troubling. The constellation of issues, large and small, renders Jeffrey's matter entirely sui generis. We say this not lightly. Indeed, as you will glean from our two letters, we are gravely concerned that, in addition to its odd conceptualization and genesis, the matter in its day-to-day implementation has been handled in a manner that raises deeply troubling questions with respect to both federal policy and individual judgment in a system that is, at its best, assiduously devoted to the rule of law. The latest episodes involving 2255 notification to the alleged victims put illustratively in bold relief our concerns that the ends of justice, time and again, are not being served. By way of illustration, but it is only one among a cascading list of grave concerns, we now understand that the Assistant United States Attorney whose conduct has troubled us from day one has quite recently reached out to the attorney for Tatum and | Chicago | Hong Kong | London | Munich | New York | San Francisco | Washington, D.C. | | :--- | :--- | :--- | :--- | :--- | :--- | :--- | Washington, D.C. EFTA00176112 12/11/2007 11:37 FAX ☑ 003/099 # KIRKLAND & ELLIS LLP Honorable R. Alexander Acosta December 11, 2007 Page 2 provided oral notification of the victim notification letter. This notification, as we have stated time and again, is profoundly unfair. But quite apart from our substantive concerns, which are abiding and which had prompted our appeal to the Assistant Attorney General in the first instance, we had thought that the notification process had been held in abeyance until completion of our ongoing discussions with respect to that process. That appears not to be so. This latest in a baleful line of prosecutorial actions is dripping with irony. We respectfully call your attention to the transcript of the interview with and guide you -- as the duly confirmed Executive Branch official charged with making judgments consistent with our constitutional order -- to the telling fact that Ms. Miller did not in any manner view herself as a victim. Quite to the contrary. She is not alone. We draw attention to this episode as but a recent indication of the deepening need for your thoughtful and independent review. And for your agreeing to provide that review, our defense team is very grateful. Respectfully Submitted. Kenneth W. Starr