Jeffrey Epstein, the multimillionaire financier indicted on federal sex-trafficking charges, died after he was discovered unresponsive from an “apparent suicide” on Saturday morning in a federal detention center in Manhattan. His death has raised questions about the investigation and its political implications.
What happens to the case now?
Epstein’s death comes a day after new documents pertaining to his global sex-trafficking ring were unsealed in court filings on Friday.
On Saturday, Attorney General William P. Barr said that he was “appalled” after hearing about the suspect’s death and that many questions would need to be answered, according to a Justice Department statement. Barr said he “consulted with the Inspector General who is opening an investigation into the circumstances of Mr. Epstein’s death.”
Epstein was placed on suicide watch last month but then taken off within about a week, a person familiar with the matter who spoke on the condition of anonymity told The Washington Post. But he was subject to higher security in a special housing unit.
Because Epstein is dead, the criminal case is over, but that doesn’t mean all investigations surrounding the allegations will cease, said Paul Butler, a professor of law at Georgetown University and former federal prosecutor.
He said investigators may now turn to others who were accused of being involved with the sex-trafficking activities. According to Butler, this is partly because accusers feel they haven’t received justice.
“Even though the criminal prosecution of Mr. Epstein ended this morning, there remained questions about co-conspirators,” Butler said.
Attorneys representing some accusers said they will continue to seek justice.
“There’s a whole network that enabled him and allowed this to happen, and it’s time that everyone who was a part of this be held accountable,” said Kimberly Lerner, an attorney for one of Epstein’s accusers.
Jennifer Araoz, Lerner’s client and one of the women who has accused Epstein, said in a statement that she and others will have to “live with the scars of his actions for the rest of our lives, while he will never face the consequences of the crimes he committed — the pain and trauma he caused so many people.”
“Epstein is gone, but justice must still be served. I hope the authorities will pursue and prosecute his accomplices and enablers, and ensure redress for his victims,” Araoz said.
Brad Edwards, a lawyer who represents some of the other alleged victims said: “The fact that Jeffrey Epstein was able to commit the selfish act of taking his own life as his world of abuse, exploitation, and corruption unraveled is both unfortunate and predictable. While he and I engaged in contentious legal battles for more than a decade, this is not the ending anyone was looking for. The victims deserved to see Epstein held accountable, and he owed it to everyone he hurt to accept responsibility for all of the pain he caused.”
How are lawmakers reacting?
Lawmakers on both sides of the aisle reacted to Saturday’s news with frustration and sadness. Reactions were especially strong from New York and Florida, where Epstein had residences and allegations were made.
Rep. Alexandria Ocasio-Cortez (D-N.Y.) tweeted: “We need answers. Lots of them.”
Rep. Frederica S. Wilson (D-Fla.) said the “victims have once again been denied their day in court.”
Sen. Rick Scott (R-Fla.) said in a statement on Saturday: “The victims of Jeffrey Epstein’s heinous actions deserved an opportunity for justice. Today, that opportunity was denied to them. The Federal Bureau of Prisons must provide answers on what systemic failures of the MCC Manhattan or criminal acts allowed this coward to deny justice to his victims.”
Sen. Rick Scott (R-Fla.) said in a statement on Saturday: “The victims of Jeffrey Epstein’s heinous actions deserved an opportunity for justice. Today, that opportunity was denied to them. The Federal Bureau of Prisons must provide answers on what systemic failures of the MCC Manhattan or criminal acts allowed this coward to deny justice to his victims.”
Rep. Lee Zeldin (R-N.Y.) said on Twitter he couldn’t “even begin to imagine how many horrific secrets this sick perv is taking to the grave.”
Sen. Ben Sasse (R-Neb.) wrote in a letter to Barr: “Every single person in the Justice Department — from your Main Justice headquarters staff all the way to the night-shift jailer — knew that this man was a suicide risk, and that his dark secrets couldn’t be allowed to die with him. Given Epstein’s previous attempted suicide, he should have been locked in a padded room under unbroken, 24/7, constant surveillance. Obviously, heads must roll.”
Rep. Jerrold Nadler (D-N.Y.) tweeted he was “pleased the @TheJusticeDept Inspector General and FBI will be investigating. There are many questions that need to be answered in this case.”
On Saturday afternoon, Trump retweeted conspiracy theories that blamed the Clintons for Epstein’s death. Earlier in the day, Trump appointee Lynn Patton, an administrator at the U.S. Department of Housing and Urban Development (HUD), similarly targeted Hillary Clinton in an Instagram post.
What do we know about the Metropolitan Correctional Center, where Epstein was found dead?
The Metropolitan Correctional Center in Manhattan has held various criminals, ranging from Bernard Madoff, who orchestrated an enormous Ponzi scheme, to notorious drug lord Joaquín “El Chapo” Guzmán. In June, former Trump campaign chairman Paul Manafort was moved to the MCC, The Post reported.
According to Ahmed Khalfan Ghailani, an al-Qaeda conspirator, the prison at Guantanamo Bay was “more pleasant” and “more relaxed” than the federal facility, the New York Times reported in 2010.
What do we know about suicide in jail?
Suicide is the most common cause of death in jails, where 50 of every 100,000 inmates died by suicide in 2014 — a rate 3.5 times that of the general population, the Associated Press reported. High rates of addicted and mentally ill people behind bars are believed to contribute to the problem, as well as possible poor treatment of inmates and the stress of being incarcerated.
Among the most high-profile inmate suicides in recent years is the death of Sandra Bland, a Texas woman whom police say they pulled over in July 2015 because she failed to signal while she changed lanes. Authorities said Bland, 28, hanged herself within three days of being arrested on a charge of assaulting an officer.
In the year after Bland’s death, at least 815 people died by suicide in U.S. jails, HuffPost reported. Suicides accounted for nearly one-third of the jail deaths counted by the news organization, which said its numbers were incomplete because of lack of access to data.
Former deputy attorney general Rod J. Rosenstein said Saturday on Twitter that preventing self-harm by people accused of pedophilia is difficult. A report in the journal Federal Probation that he posted says defendants charged with sex crimes often experience suicidal ideation because of shame and the likelihood of a prison sentence.
The report cites a suicide prevention program in the Central District of California that involves a psychological assessment, support group sessions, cognitive behavioral therapy, lessons on healthy coping skills and education about the federal prison system. None of the 100 defendants that had gone through the program when the report was released had died by suicide.
In addition to whether a defendant is a flight risk and the likelihood that they will commit criminal activity, the report said, judges should consider the risk of suicide when deciding whether to grant someone pretrial release.
At William Barr Hearings, Mueller Probe in Focus
In response to questions, Mr. Barr said he viewed Mr. Mueller as a fair-minded investigator who would treat the president fairly. “I don’t believe Mr. Mueller would be involved in a witch hunt,” Mr. Barr said, contradicting Mr. Trump’s favorite description of the special counsel’s investigation.
.. Mr. Barr told Ms. Feinstein his memo was “entirely proper.” He was concerned by news accounts of Mr. Mueller’s investigation into whether Mr. Trump obstructed justice, he said, and thought such a theory “would have a chilling effect going forward over time.”
Mr. Barr said he expressed his concerns to Deputy Attorney General Rod Rosenstein over lunch before putting them in writing. “He did not respond and was sphinx-like in his reaction, but I expounded on my concerns.”
.. The nominee also said he had expressed similar concerns to Justice Department officials regarding the prosecution of Sen. Bob Menendez (D., N.J.) on bribery allegations, saying, “I thought the prosecution was based on a fallacious theory.” That case ended in a hung jury.
.. Likely to be of particular concern to Democrats is Mr. Barr’s disclosure Monday night that he had sent the memo to a wider group of Trump lawyers than was previously known, including Jay Sekulow, Marty and Jane Raskin and Pat Cipollone, a former Justice Department colleague who is now White House counsel. Democrats, including Senate Minority Leader Chuck Schumer of New York, have said Mr. Trump should withdraw Mr. Barr’s nomination given his views in the letter.
.. “I distributed it broadly so that other lawyers would have the benefit of my views,” he said.
On the Mueller probe more broadly, Mr. Barr said in prepared remarks: “I will not permit partisan politics, personal interests or any other improper consideration to interfere with this or any other investigation.” He will add: “On my watch, Bob [Mueller] will be allowed to complete his work.”
Trump’s Appointment of the Acting Attorney General Is Unconstitutional
The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.
What now seems an eternity ago, the conservative law professor Steven Calabresi published an op-ed in The Wall Street Journal in May arguing that Robert Mueller’s appointment as special counsel was unconstitutional. His article got a lot of attention, and it wasn’t long before President Trump picked up the argument, tweeting that “the Appointment of the Special Counsel is totally UNCONSTITUTIONAL!”
Professor Calabresi’s article was based on the Appointments Clause of the Constitution, Article II, Section 2, Clause 2. Under that provision, so-called principal officers of the United States must be nominated by the president and confirmed by the Senate under its “Advice and Consent” powers.
.. He argued that Mr. Mueller was a principal officer because he is exercising significant law enforcement authority and that since he has not been confirmed by the Senate, his appointment was unconstitutional.
.. As one of us argued at the time, he was wrong. What makes an officer a principal officer is that he or she reports only to the president. No one else in government is that person’s boss. But Mr. Mueller reports to Rod Rosenstein, the deputy attorney general. So, Mr. Mueller is what is known as an inferior officer, not a principal one, and his appointment without Senate approval was valid.
But Professor Calabresi and Mr. Trump were right about the core principle. A principal officer must be confirmed by the Senate. And that has a very significant consequence today.
It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.
.. the the flaw in the appointment of Mr. Whitaker, who was Mr. Sessions’s chief of staff at the Justice Department, runs much deeper. It defies one of the explicit checks and balances set out in the Constitution, a provision designed to protect us all against the centralization of government power.
.. If you don’t believe us, then take it from Supreme Court Justice Clarence Thomas, whom Mr. Trump once called his “favorite” sitting justice. Last year, the Supreme Court examined the question of whether the general counsel of the National Labor Relations Board had been lawfully appointed to his job without Senate confirmation. The Supreme Court held the appointment invalid on a statutory ground.
.. Justice Thomas agreed with the judgment, but wrote separately to emphasize that even if the statute had allowed the appointment, the Constitution’s Appointments Clause would not have. The officer in question was a principal officer, he concluded. And the public interest protected by the Appointments Clause was a critical one: The Constitution’s drafters, Justice Thomas argued, “recognized the serious risk for abuse and corruption posed by permitting one person to fill every office in the government.” Which is why, he pointed out, the framers provided for advice and consent of the Senate.
.. What goes for a mere lawyer at the N.L.R.B. goes in spades for the attorney general of the United States, the head of the Justice Department and one of the most important people in the federal government.
Mr. Whitaker has not been named to some junior post one or two levels below the Justice Department’s top job. He has now been vested with the law enforcement authority of the entireUnited States government, including the power to supervise Senate-confirmed officials like the deputy attorney general, the solicitor general and all United States attorneys.
.. We cannot tolerate such an evasion of the Constitution’s very explicit, textually precise design. Senate confirmation exists for a simple, and good, reason. Constitutionally, Matthew Whitaker is a nobody. His job as Mr. Sessions’s chief of staff did not require Senate confirmation. (Yes, he was confirmed as a federal prosecutor in Iowa, in 2004, but Mr. Trump can’t cut and paste that old, lapsed confirmation to today.) For the president to install Mr. Whitaker as our chief law enforcement officer is to betray the entire structure of our charter document.
.. Because Mr. Whitaker has not undergone the process of Senate confirmation, there has been no mechanism for scrutinizing whether he has the character and ability to evenhandedly enforce the law in a position of such grave responsibility. The public is entitled to that assurance, especially since Mr. Whitaker’s only supervisor is Mr. Trump himself, and the president is hopelessly compromised by the Mueller investigation... As we wrote last week, the Constitution is a bipartisan document, written for the ages to guard against wrongdoing by officials of any party. Mr. Whitaker’s installation makes a mockery of our Constitution and our founders’ ideals. As Justice Thomas’s opinion in the N.L.R.B. case reminds us, the Constitution’s framers “had lived under a form of government that permitted arbitrary governmental acts to go unchecked.” He added “they knew that liberty could be preserved only by ensuring that the powers of government would never be consolidated in one body.”We must heed those words today.
Trump Fired His Most Effective Lieutenant
The outgoing attorney general did more to enact the president’s priorities than any other member of the Cabinet, but that didn’t save him from White House hostility.
The paradox of Jeff Sessions’s tenure as attorney general is that no member of the Trump administration was so beleaguered and disparaged by President Trump, but no member got as much done.
Even as he endured persistent verbal abuse from the president, Sessions steamed forward on a range of conservative social-policy priorities, aggressively reorienting the Justice Department’s stances on immigration, civil rights, and criminal justice, among other issues. In an administration plagued by incompetent and ineffective figures, Sessions was a paragon of efficacy—a distinction that horrified his many opponents, but did nothing to win Trump’s trust or affection.
- When it came time for Trump to pull the plug on the Deferred Action for Childhood Arrivals program, as he had promised he would during the 2016 campaign, the president got cold feet, but Sessions was happy to be the public face of the withdrawal. It was Sessions who
- tried to follow through (unsuccessfully) on Trump’s threat to cut off funding to sanctuary cities. It was Sessions who issued new guidance to immigration judges. And, most prominent, it was Sessions who
- went to the border to announce the Trump administration’s decision to separate migrant children from their parents.
Sessions openly said the plan to split families up was intended to deter migrants, even as other administration officials said otherwise. The policy was met with widespread and appropriate horror, and Trump eventually pulled back—but he had backed the plan before that, and Sessions had followed through. .. But these weren’t just Sessions’s pet issues. They were Trump’s as well. Hardline immigration policies, giving police free rein, fighting phantom voter fraud—these were all signature Trump projects. Sessions had been the first U.S. senator to endorse Trump, and Trump took from him a range of policy concepts—especially on immigration—as well as a top adviser, Stephen Miller.But Sessions’s stewardship of those projects didn’t return him to favor with Trump, who, according to Bob Woodward’s book Fear, called Sessions “mentally retarded” and a “dumb Southerner.” .. When McGahn’s departure was announced in August, I wrote that he’d been the most effective person in the West Wing, through his stewardship of judicial appointments. But Trump disliked and distrusted McGahn, and seemed eager to have him gone... Of course, the same issue poisoned both Sessions’s and McGahn’s relationships with Trump: the Russia investigation, and especially Special Counsel Robert Mueller’s takeover of it... Trump was angry that neither man had protected him. He raged at Sessions’s lack of “loyalty” and complained that Attorney General Eric Holder had “totally protected” Barack Obama. (What he meant by that is unclear.) He twice instructed McGahn to fire Mueller, and McGahn twice refused, once threatening to resign... Attorney General Matthew Whitaker assumes control of Mueller’s probe. Whitaker was outspokenly critical of the special counsel’s inquiry before joining the administration, so Trump may now have a leader of the Justice Department who is more pliable on the Mueller front. But the president is unlikely to find an attorney general who will do as much to move his priorities forward as Sessions did—and the new attorney general will come into the job knowing that loyalty and efficacy aren’t enough to garner favor with Trump.