From: Brendan White To Subject: Re: Grand Jury Appearance Date: Thu, 26 Jun 2008 18:59:32 +0000 Importance: Normal I've learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning. In understand, of course, that you need confirmation of this before withdrawing the subpoena, but it might make logistical sense to consider putting the contingent appearance off for another week at this point, to avoid our having to make an unnecessary trip to Florida. Although I am confident that things will proceed as scheduled, should there be a problem, we would then be able to appear at a later date. Brendan White From: To: Brendan White Sent: Thursday, June 26, 2008 10:55 AM Subject: RE: Grand Jury Appearance Dear Mr. White: If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be withdrawn. At this point, I have not received confirmation that the change of plea is going to occur, nor have I received information confirming that the plea will be in conformance with our agreement. As such, at this time, I still intend to presen testimony to the grand jury on Tuesday. With respect to the immunity question, I refer you to my e-mail of June 23rd, which is shown below. If the situation changes, I will contact you. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 401 From: Brendan Whitcl Sent: Thursda June 26 2008 10:38 AM To: Subject: Re: Grand Jury Appearance Dear I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution a reement with your office that has already been executed. Since this would seem to obviate any need fo o testify, please let me know what is going on with respect to this Tuesday. Do we still need to come down t ere an , if so, will she receive court-ordered immunity? Thanks. Brendan White I — Original M