Former US prosecutor showed poor judgment in Epstein case

Former U.S. Labor Secretary Alexander Acosta (Photo by Win McNamee/Getty Images)

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On Thursday, the Department of Justice said that the former US attorney who negotiated the deal allowing Jeffrey Epstein to escape federal charges in 2007 exercised poor judgment but did not engage in misconduct. A summary of the report from the justice department unit, the Office of Professional Responsibility, released on Thursday said that there was no clear and unambiguous standard that Mr Acosta had violated in agreeing the deal with Epstein. The report shows that it found no evidence the settlement was the result of corruption or other impermissible considerations, such as Epstein’s wealth, status, or associations. The summary recounted Mr Acosta’s view that primary responsibility for prosecuting Epstein lay with state officials and that his role was to serve as a backstop.

Despite clearing Mr Acosta of misconduct, the OPR said he had exercised poor judgment including in resolving the probe before significant investigative steps were completed and agreeing to several unusual and problematic terms in the non-prosecution agreement. The summary does not specify the terms, but the deal has been criticised for giving immunity to any potential co-conspirators not just those named in the agreement.

Ben Sasse, a Republican senator from Nebraska who had demanded the review of Epstein’s deal on Thursday condemned the justice department’s conclusions and said that justice has not been served. Letting a well connected billionaire get away with child rape and international sex trafficking isn’t poor judgment, it is a disgusting failure. Americans ought to be enraged.

The senator called on the justice department to release the full report.

OPR said it did not find evidence that this failure was for the purpose of silencing victims but said it reflected poorly on the justice department and was contradictory to the department’s mission to minimise the frustration and confusion that victims of a crime endure.

Alexander Acosta, who later served as Donald Trump’s labour secretary, had as the Miami US attorney let Epstein sign a non-prosecution agreement to resolve an investigation into his sexual abuse of underage girls. The deal meant the financier pleaded guilty to less serious state charges of soliciting prostitution from a minor. He ultimately served less than 13 months, much of which was spent out on work release at his office. An internal justice department unit tasked with upholding professional standards began investigating the deal last year after reporting from the Miami Herald renewed attention on Epstein’s crimes. Epstein was indicted on sex trafficking charges but died in jail in August 2019 in what was ruled a suicide. An associate, Ghislaine Maxwell, was indicted this year for allegedly aiding Epstein and remains in jail awaiting trial. She has denied the charges.