12/11/2007 11:37 FAX a 002/099 KIRKLAND & ELLIS LLP NO ma MI IN It% Kenneth W Sten I o CAN NOW Ootelty Hiccintakc wcwouniMilacOrn Ikcember I I. 2007 O051 530-6444 I lonomble R. Alexander Acosta United States Attorney United States Attorney's Unice Re: Jeffrey Epstein Dear Alex: As we discussed during our telephone conversations on both Friday and Monday (yesterday), we arc submitting two separate letters that address our broad areas of deep concern in this matter: First, the cluster of fundamental policy issues surrounding the use and implementation of 2255. a richly policy-laden but uncharted area of federttl law: and second. our profound concerns as to the background and conduct of the investigation. Consistent with our conversations, we submit these letters with the assurance and understanding that our doing so in no manner constitutes a breach of the Non-Prosecution Agreement or unwinds that Agreement. We arc grateful for your courtesy in agreeing to receive and consider these submissions, and then to meet to discuss them. As you undertake your study and reflection. kindly allow me to make this pivotal point: In the combined 250 years experience of Jeffrey's defense team, we have together and individually concluded that this case is not only extraordinary and unprecedented. it is deeply and uniquely troubling. 'the constellation of issues. large and small. renders Jeffrey's matter entirely. ad generic. We say this not lightly. Indeed, as you will glean from our tsvo letters. we are gravely concerned that, in addition to its odd conceptualization and genesis, the matter in Rs day-to-day implementation has been handled in a manner that raises deeply troubling questions with respect to both federal policy and individual judgment in a system that is, at its best. assiduously devoted to the rule of law. The latest episodes involving 2255 notification to the alleged victims put illustratively in bold relief our concerns that the ends