From: (USANYS)" > To: ' (USANYS)" Subject: RE: Following up Witness PA Date: Tue, 30 Jun 2020 18:40:48 +0000 Inline-Images: image001.png; image002.png; image003.png; image004.png I think we have to stick with the treaty language. As to whatever we file in the USVI, I'd have to see what it is to opine on whether it is directly related to a US criminal matter. As you note, the answer may be no. From: (USANYS) ) Sent: Monday, June 29, 2020 1:20 PM To: (USANYS) Subject: RE: Following up Witness PA On the subject never ends, the State Department would like us to modify our proposed confidentiality language as follows: Absent a court order directing otherwise, U.S. authorities will not use or disclose the content of the witness's statements in an interview with U.S. authorities in any matter other than a U.S. criminal investigation or proceeding, and any non-criminal judicial or administrative proceeding directly related to a U.S. criminal investigation or proceeding, pursuant to Article 7 of the Treaty. Do you have thoughts on whether that would be broad enough to include any potential civil action we might pursue in connection with the Epstein estate in USVI? Not sure we would ever plan to do so, but was trying to preserve the option. That said, if this is the language of the treaty, not sure how hard we can push back. From: USANYS) Sent: Friday, June 26, 2020 3:27 PM To: (USANYS) Subject: RE: Following up Witness PA I think that's OK. Note that Touhy is not entirely discretionary—it applies after a subpoena issues, and our denial can be reviewed in court. But we can easily insist on a court order. At the beginning of the 302 (and any notes) the following should be stated: Note that for purposes of any FOIA request, subpoena/Touhy request, Privacy Act routine use disclosure, or any other disclosure this document is subject restrictions on disclosure pursuant to the MLAT pursuant to which the interview took place. Absent a court orde