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From: ' (USAFLS)" To: In1S tiAn (USAFLS)" (USAFLS)" Cc: InSaLS)" >, . (USAFLS)" Subject: RE: Epstein -- Rule 6(e) issue Date: Wed, 30 Jun 2010 18:50:43 +0000 Importance: Normal Okay. I will just sit tight. I am supposed to receive another 200 pages. Assuming it is more of the same, I will not bother you all again. Thank you. Assistant U.S. Attorney Fax From: (USAFLS) Sent: Wednesda June 30, 2010 2:38 PM To: (USAFLS Cc: (USAFLS); Subject: RE: Epstein -- Rule 6(e) issue -.(USAFLS; (USAFLS (USAFLS); (USAFLS); (USAFLS) I agree with Stamm, especially in light of the fact that Judge Marra has ordered that the dots be produced. From: (USAFLS) Sent: Wednesday, June 30, 2010 2:04 PM To: (USAFLS); (USAFLS • (USAFLS USAFLS c: (USAF S Cc (USAFLS); (USAFLS); (USAFLS) Subject: RE: Epstein -- Rule 6(e) issue I also do not see how we could prevail on a 6(e) basis to block a private party from turning over materials which they have in their possession. Nor do I see any reason for us to do this, particularly in a civil litigation setting where we are not a party. It might be different if they were trying to subpoena the materials directly from us, but that is not the case here. m, E, anyone else have a different view? EFTA00207650 From: Sent: Wednesda To: (USAFLS (USAFLS); Subject: Epstein (USAFLS) June 30, 2010 1:S6 PM USAFLS (USAFLS); (USAFLS); (USAFLS), (USAFLS) -- Rule 6(e) issue Good afternoon, everyone. (USAFLS (USAFLS); Well, I still have not received everything that Epstein intends to produce, but I have reviewed about 60 pages worth of documents. Most are letters and emails related to the negotiation of the non-prosecution agreement and Epstein's post-agreement efforts to have the office or the Justice Department set aside the non- rosecution agreement and let him walk without any punishment (by alleging misconduct by myself, , the Palm Beach Police Department, etc.). Although they are hardly flattering, I don't believe we have any basis for seeking to keep them confidential. There are copies of grand jury subpoenas and letters related to grand jury subpoenas that were send to some of Epstein's employees who were represented by attorneys who also represented Epstein. There are some cases that say that grand jury subpoenas themselves, and the identities of grand jury witnesses are confidential as per Rule 6(e). However, Rule 6(e)'s confidentiality requirements do not extend to the witnesses/subpoenaed party. Thus, the subpoenaed party could have made the subpoena and correspondence available to Epstein and, now that it is in Epstein's custody, the civil plaintiff can obtain the documents from Epstein also without running afoul of Rule 6(e). If you would like me to file an emergency pleading with the Court seeking to stop the production of the 6(e) material, I can do so, but I don't think it will succeed. na - Can one of you advise? Epstein's counsel is producing the documents at the close of business today. Thank you. Assistant U.S. Attorney Fax EFTA00207651