HOUSE OVERSIGHT 012192 ALLEN GUTHRIE MCHUGH & THOMAS, PLLC Mr. John Roth Rule 19, 2008 Page 10 of all of the facts in order to have a defense in the event of a subsequent prosecution."). Thus, the facts preclude reliance on the concept of deliberate ignorance as a substitute for proof. The fact that the search warrant affidavit in this case is rife with mis-statements and omissions regarding the key element of age is critical. However, CEOS concludes with no apparent supporting analysis, "despite the numerous factual errors you describe, the U.S. Attorney's Office could still plausibly argue that the mistakes — whether inadvertent or intentional — were not material to the determination . . . ." (CEOS letter at p. 3). Although, as CEOS notes, there are "numerous" such misrepresentations, through affirmative statement or intentional omission, a focus on but one of those misrepresentations highlights that such misrepresentations were, in fact, material. The fact is that Detective ReCarey grossly misrepresented Mr. Epstein's intent as it related to the age of the women he permitted entry to his residence. In the search warrant affidavit, Detective ReCarey affirmed that claimed: [Mr. Epstein told her the younger the better. And, stated she once tried to bring a 23 year old female and Epstein stated that the female was too old. What Detective ReCarey, no doubt intentionally, omitted wafurther explanation, which rendered Mr. Epstein's comments innocuous: A: Let me put it this way, he — I tried to bring him a woman who was 23 and he didn't really like it. Q: He didn't go for it? A: It's not that he didn't go for it. It's just that he didn't care for it. And he likes the girls that are between the ages of 18 and 20. (Statement at 12) (emphasis added). Had that critical information, information that turns allegedly illegal conduct into more innocent conduct, been included, it would have seriously undermined the probable cause for the search warra