jon roth 4

 Jeffrey Epstein, a successful businessman and philanthropist, was investigated for 15 months by the palm beach police department. After interviews of over twenty witnesses, garbage pulls and surveillance on his home, the state sex prosecutor with over 13 years experience, with an abundance of caution, due to Epsteins prominence as a frend of Bill Clinton, convened a state grand jury ( usually reserved in the state of Florida for capital offenses), and returned an indictment for  one count of felony solicitation of prostitution against Mr. Epstein. THe prosecutors and District Attorney considered Etsein  "a john" , ( the sex, consisting of  self pleasuring on Epstein's part).  albeit a prolific one. the prosecutor said there were no real victims here ,and   though there were multiple girls and some turned out to be under 18, most admitted to lying about their ages to gain entry to Epstein's house. 
In a remarkable follow up,  the local police unhappy with the grand jury's result, released raw unchecked allegations  re Epstein to the press and asked for federal involvement. For the past two years the local AUSA has attempted to threaten to indict epstein using the draconian  federal statutes, broadly interpreted beyond all recognition, in an attempt to turn for the first time , A " John " into a trafficker, a pimp, a Internet lurer, and a sex tourist to Florida. Though the number of girls was large, numbers by themselves don't turn a state case into a federal crime..  The priest cases and day school disasters , stand as an example.  IIn fact the priest cases were never federally , though priests moved  reguarly from state to state. .
 Though Epstein has lived in Florida for almost 15 years, the AUSA  attempted to threaten the charge of  the travel for the purpose of having illegal sex,  requring as the dominant purpose for his returning home, illegal sex activity. . If that were not enough , she  also attempted to use the sex slavery statute, to turn a state misdemeanor into a ten year min mandatory federal felony. unless  Epstein  and his defense team, would go to the state an require them to up the charge,and  sentence and make him register as a sex offender. She threatened to say that his secretaries use of the telephone to schedule repeat massages, was equivalent to the Internet lurer hiding faceless and nameless in cyber space , baiting innocent children into what in  the past , in many instances ended in tragedy. In this instance girls drove to his home, sometimes  with their parents, boyfriends or friends, to  a house full of people , with a desire to make
money.  Manyh of these girsl had other clients and had worked in the local massage parlors.  

   . The SDFL, recognizing the weakness and novelty of thier case, decided not to bring its own prosecution but  to defer prsoecution to the state. Then with a total disregard for the soverignty of the state, chose to dicate the charge and minutae of sentencing , including limiting the judges' discretion to offer probation community control or any other sentence that would have been used for similarly situate  defendants.Iin addition she then required Epstein to hire an attorny to represent a list of girls, she refused to name,  if they should choose to sue him . She also required a payment to a list to the same listof adult  women  150k one hundred and fifty thousand dollars each, without the ability to challenge  their claims. After much negotiation, she then made the admission that though willing to bring a federal charge , she would not vouch for the credibility of the governments  witnesses, and in at least one instance , disavowed in
writing the credibilty of one of her witness( tatum miller) ,that had categorically said she was not  harmed .

Not only did the supreme courtrecent decision  dictate a narrow construction of statutes open to abuse of discretion but in Epsteins case the sdfl would have to  stretch
each and every  element of 2422 to fit this square state peg into a roud fedral hole.. 
1)anyone who knowingly uses    ---Epstein did not use the phone internet or mails. To fulfill this element the government proposes to either consider Epstein  an aider or abettor, a co conspirator. the mens rea being almost contradictory to prove. - THere is no eveidence whatsoever that Epstein would even say please use the PHONE. to a third party, most of the contacts were face to face. this is in contrast to the vast majority of stings , where the perpertrator spends hours surfing the internet and hunting for victims in chat rooms.
2)to coerce induce persuade entice - the government , wants to stretch this tomerely" schedule". there position is that habit and practice and replace cclear sommunication also found in every other case to date. therefore the enticement was understood,if not literally communicated, or  spoken about. This assumes a meeting of not only the minds on the unidentifed participants on the call, but then needs to make the previous leap that it is was with Epsteins knowlege and /or direction. And as per the entrapment cases,induce  must  mean more e than merely solicit. a hurdel which the goevernment also chooses to ignore.
3. A known minor --Epstein would not have known the girls ages , before they showed at the house. the testimony is rife with evidence and testimony that the  girls lied about thier ages to gain accesss to the house. there are some girls who later said he knew my age, Howeverm  in many of these instances these girls initatied the return telephone call. the jury instructions require poof that Epstein believed" that the girls were under 18.   this is usually provided  beyond any question in the sting trancripts.
4" an illegal sexual activity for which someone can be charged with a crime." -  Florida statutes describe prostitution as sexual intercouse. touching with self plesuring is not illegal at the ages of 16 , and 17.  the activity was never communicated on the phone,  according to all the testimony received.IN addition,  the statute of limitations has run  on even the allegations of  prostituion ( 2 years) . THe time of the incident must have both the required underage , and the activity ,  .  FYI, all stings are below the federal age of consent of 16.
5. each stretched element now needs to be tied together in a  continuous chain  . the person for a specific call, to a known minor  , for illegal sex activity, ( age and activity related )again unlike the transcripts of repeated "are you sure sir you know she is only fourteen" are you sure you want to have intercourse with such a young sweet thing etc.
The travel for the purpose statute   2423.. the government changed the requirement for international travel with the Protect act. making it a crime to travel AND engage in.. Congress left undisturbed the interstate travel FOR THE PURPOSE to engage in illegal sex activity . the supreme court, decision,  as well as the established history of every case  brought to date, in order to thrust Epsteins returning to his home,of 15 years,  something he did almost every week, to attempt to use this statute. Ceos agrees thatit would be unprecedented, but says that Acosta has the right to test the limits of the law.
THe last statue 1591 , sex trafficking , a crime that usually involves salvery, torture, trafficking, an an interstae component , is now also threatened against a john for the first time .