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Jeffrey Epstein Is about Trump’s Failing Ability to Command Attention

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The bubbling Jeffrey Epstein scandal is about two things: the underlying scandal and any ties Trump has to it, and the way it has disrupted Trump’s normal super power ability to command and direct attention.

His attack on Rosie O’Donnell yesterday shows that his ability to direct the attention of the left remains undiminished and makes clear why this power is so important to Trump.

Trump’s attack on the comedian, just hours before his latest inept intervention in the Epstein matter, came in the wake of a number of stories — the NYT story describing that key National Weather Service positions were vacant when the flood hit,  the CNN report on a three day delay that Kristi Noem caused in the search and rescue, reports on Kerr County’s refusal to accept a Dem-funded early warning system that Rayne wrote up here, the NYT story describing how Noem cut off funding to a call center while it was fielding calls from survivors — holding Trump’s Administration or Republicans accountable for exacerbating the impact of the flood.

When Trump tweeted that Rosie O’Donnell “is a Threat to Humanity” and claimed to be considering stripping her citizenship (she lives in Dublin but as far as I know does not yet have Irish citizenship), that post circulated wildly among journalists and the left, sometimes with commentary about how grave a threat it was that Trump would even make such threats (which he has no legal power to carry out).

But the people who gaped at his unfiltered tweet did not explain, much less link, the background.

Trump attacked O’Donnell as predictions she made on TikTok last Sunday, which the right wing has been trying to dismiss by shaming her, were being confirmed by those press reports.

What a horror story in Texas — the flash floods in Texas. The Guadalupe River. 51 missing. 51 dead, more missing. Children … at a camp. And you know when the President guts all the warning systems and the, uh, weathering [sic] forecast abilities of the government, these are the results that we’re going to start to see on a daily basis, because he’s put this country in so much danger by his horrible, horrible decisions and this ridiculously immoral bill that he just signed into law. As Republicans cheered. As Republicans cheered. People will die as a result and they’ve started already. Shame on him. Shame on every GOP sycophant who’s listening and following the disastrous decisions of this mentally incapacitated POTUS.

Rosie O’Donnell made a powerful moral critique of Trump, and as that critique was bearing out, he responded to it by asserting to have power over her, power he doesn’t have. And rather than focusing on or even mentioning that moral critique — or even continuing to focus on the many ways the Trump Administration did exacerbate the flood — those who disseminated his tweet gaped in horror at his spectacular display of power, without identifying it as an attempt to avoid being held accountable.

Whether or not the US can restore democracy depends heavily on the success that Trump’s critics have in tying his failures to disasters like Kerr County. It depends on their ability to remain laser-focused on holding him accountable for the disasters his actions predictably cause. And Trump squelched the words of one prescient critic with a tweet. He did so with the willful cooperation of data mules on the left.

Trump’s ability to command and direct attention — his ability to rupture context and redirect attention to his own claims of authority — is his super power. It is how he has attained and remained in government; it is how he has beat back scandals that would have doomed others.

And that super power has been failing him as his DOJ and FBI reversed course on past fevered promises to disclose everything about the Epstein scandal.

That’s what, I have tried to argue, has always been missing from reporting on this exchange: how badly Trump flubbed a role, suppressing coverage by bullying a journalist, that is second nature to him.

Pam Bondi sets out to answer two questions from a journalist about Epstein. She’s actually good at this performed competence and had Trump just let her answer he might have avoided all the backlash. But Trump interrupts. He stumbles over delivery of the name, Jeffrey Epstein, as if he is trying to perform disgust, but it sounds hollow. He asks a question — “are you still talking about Jeffrey Epstein” — that feigns ignorance of both the importance of the Epstein scandal to his base, to say nothing about how much his chosen aides, Bondi, Dan Bongino, and Kash Patel, have themselves never shut up about Epstein. Trump almost regains his footing when he complains that the journalist isn’t focused on Texas or “this” (huh? what is “this”?); Trump almost regains his footing by bullying a journalist, an easy trope for him. But then he tries to perform disgust again — “this creep” — and like the earlier mention of his friend, Epstein’s name, “creep” sounds forced, a badly delivered performance. Trump tries a familiar stance again — “I can’t believe you’re asking a question about Epstein” — but this was a question about a release Bondi’s own DOJ orchestrated. He ends with feigned outrage, accusing the journalist of “desecration.” The whole performance lacked energy, exacerbated by the slurring Trump exhibited throughout the event.

What is a normal ploy from him — attacking journalists to bully them out of covering things — simply failed. The great Realty TV Show Star flubbed his part, as devastating as if his voice squeaked when declaring “You’re fired,” back in the day.

Both in content and performance, his bid to shut down this line of questioning made him look vulnerable, not strong. It raised questions rather than silencing them.

With each development since — the clash between Dan Bongino and Bondi over who would take the fall first revealed in reports of Bongino’s pouty refusal to go to work on Friday, the persistent backlash from some of the loudest voices among his Twitter mob, leading up to Trump’s lengthy tweet yesterday — Trump’s command of attention has slipped.

While folks finally recognized that something is failing in Trump’s normal ability to command attention, this time, by gaping at the length of this tweet, if you look closer, the tweet was even more delightfully ill-conceived.

Both right wingers and journalists have, I think correctly, conceived the purpose as an attempt to alleviate pressure on Pam Bondi.

What’s going on with my “boys” and, in some cases, “gals?” They’re all going after Attorney General Pam Bondi, who is doing a FANTASTIC JOB!

[snip]

LET PAM BONDI DO HER JOB — SHE’S GREAT!

But even there, Trump starts pathetically, by claiming that “my ‘boys’ and, in some cases, ‘gals?'” are leading the attack on Bondi. This attack, on “Blondi,” is being led by Laura Loomer, and suggesting that she’s following Trump’s “boys” on this betrays a reluctance to go after Loomer directly.

The defense of Kash Patel (right wingers correctly noticed that Bongino gets no mention) is secondary.

Kash Patel, and the FBI, must be focused on investigating Voter Fraud, Political Corruption, ActBlue, The Rigged and Stolen Election of 2020, and arresting Thugs and Criminals, instead of spending month after month looking at nothing but the same old, Radical Left inspired Documents on Jeffrey Epstein.

That mention builds on the drop dead stupidity of this post — one so stupid that even Benny Johnson noticed it.

For the first time ever, Trump claimed that the Epstein files were made up by Democrats — all Democrats, serially.

Why are we giving publicity to Files written by Obama, Crooked Hillary, Comey, Brennan, and the Losers and Criminals of the Biden Administration, who conned the World with the Russia, Russia, Russia Hoax, 51 “Intelligence” Agents, “THE LAPTOP FROM HELL,” and more? They created the Epstein Files, just like they created the FAKE Hillary Clinton/Christopher Steele Dossier that they used on me, and now my so-called “friends” are playing right into their hands.

To be fair, this is not an entirely new ploy. Last year, Trump explained his hesitation to release the Epstein files based on a claim that “it’s a lot of phony stuff with that whole world.”

I guess I would. I think that, less so, because, you know, you don’t want to affect people’s lives if it’s phony stuff in there because it’s a lot of phony stuff with that whole world.

Even then, he was preparing a defense that if something in there implicated him, it was phony, fake, fraudulent.

Still, the claim that Democrats — Obama, Hillary, John Brennan, and Jim Comey (who is not a Democrat, or at least wasn’t when this all happened) — created the Epstein files would normally be a reasonable ploy, given the disinformation he has long used to sustain loyalty. He attempted to tie the Epstein files to things he has trained his rubes to believe were hoaxes — the legal adjudications that Trump’s top aides lied to cover up his ties to Russia and false claims about what 51 spooks said about the Hunter Biden laptop — as well as an actual hoax (the Steele dossier) that he has blamed on Democrats rather than the Russians who larded it with allegations that closely match real things only the Russians knew.

These things — Russia Russia Russia — are a foundational element of his tweets (and one of the things data mules disseminate without debunking, thereby reinforcing as unquestioned). This was an attempt to add one more element, as he added the spook letter and Hunter Biden laptop after Russia Russia Russia was already established as his foundational disinformation.

So this might have been a reasonable attempt to discredit the Epstein files, the things he anticipated claiming were “phony” last year. Except you don’t attempt this after years of treating it as credible.

Worse still, you don’t do that and then immediately ask the question that MAGAts have long used to reassure themselves that Trump wasn’t in the Epstein files.

Why didn’t these Radical Left Lunatics release the Epstein Files? If there was ANYTHING in there that could have hurt the MAGA Movement, why didn’t they use it?

Why didn’t they, indeed?

Again, even Benny has seen the problem with this, and he is painfully stupid!

The reason Trump’s claims that the Russian investigation and the spook letter and the Steele dossier are hoaxes have succeeded is because they were made public, often with the involvement of Democrats. But if Democrats — even Hillary, whose spouse flew on his plane! — larded the Epstein files with things damaging Trump, right wingers’ biases dictate that the left would have released it.

Before Trump’s claims that these were fabricated, the logic made sense to right wingers: Democrats didn’t release the files because there’s nothing about Trump in them. But if the left allegedly fabricated them along with the Russian investigation and the spook letter, which Trump has falsely claimed were fabricated in an attempt to hurt Trump, then they would have released them.

Furthermore, he would order Kash to include the Epstein files among the witch hunts on which he wants FBI to focus. Instead, he’s arguing that Kash doesn’t have time to investigate this alleged hoax targeting him because he is too busy investigating other fabricated claims of a hoax, his desperate attempt to find some way to sustain the claim that he’s not a loser beaten by Joe Biden in 2020.

The entire post collapses in on itself. Even Benny sees this! 

And that’s before something else Trump attempted. Trump told his rubes — a huge cross-section of which is QAnon adjacent — that nobody cares about Jeffrey Epstein.

Let’s keep it that way, and not waste Time and Energy on Jeffrey Epstein, somebody that nobody cares about.

Crazier still, when he first attempted this complaint, he used a phrase that is bound to fuel conspiracists.

“selfish people” are trying to hurt it, all over a guy who never dies, Jeffrey Epstein

Jeffrey Epstein never dies?!?! Did you really say that? About a guy whose circumstances of death are a key part of this conspiracy theory? Hell, the most unhinged Epstein conspiracists (including a good number of Trump supporters) question whether he did die. And you just wrote down that Jeffrey Epstein never dies?!?!

Trump’s supporters are in a cult. But many of them are also in the QAnon cult. And for those for whom the QAnon cult came first or remains predominant, telling them that “nobody cares about” Jeffrey Epstein ruptures the unity between Trump and them, because he is attacking one of their foundational beliefs. It’s like telling devout Christians that Jesus never walked the Earth. You have just assailed a foundational belief of those who believe — as proven by Epstein — that pedophiles control the powerful. So long as Trump flirted with QAnon conspiracies, he and his rubes shared that foundational belief; yesterday, he assailed it.

(Both Phil Bump and Mike Rothschild addressed what happens when you betray the trust of conspiracists back when Bongino first affirmed that Epstein killed himself; their descriptions really anticipated what we’re seeing this week.)

There certainly are questions about what aspects of Trump’s sustained fondness for Epstein remain in files that once might have been on Pam Bondi’s desk before they weren’t and never had been, according to Bondi. It’s certainly likely that something in them explains the failure of Trump’s super power here, his inability to deliver his long-practiced lines, first of bullying a journalist, then claiming Dems implicated him in a hoax.

But the reason why his super power is failing doesn’t matter so long as it does continue to fail, especially given that Epstein conspiracies were always non-falsifiable and Trump’s conflicting stories make them all the more so. Unless something drastically changes, every attempt Trump makes to squelch this focus will only exacerbate the growing cognitive dissonance his rubes have. And the underlying Epstein scandal is so spectacular — so unquestionably a case of injustice to the victims — that even feckless Dems have the means of keeping it at the forefront.

Trump survives based on that super power, on his ability (as he succeeded in doing with the Rosie O’Donnell tweet) to dodge accountability by distracting away from it.

If that super power starts to fail, though, so will his ability to avoid accountability.

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“Are You Still Talking about Jeffrey Epstein?”

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There was a remarkable moment in Trump’s cabinet meeting. A journalist asked, first, if it was true that Jeffrey Epstein had worked for a foreign intelligence service. Then he asked why there was a minute missing in the video released to show no one entered in cell.

Trump blew up.

Trump: Are you still talking about Jeffrey EPstein? This guy’s been talked about for years. You’re asking — we have Texas, we have this, we have all of the things that, people still talking about this guy, this creep? That is UNbelieveable. You want to waste the time [points to Bondi] you feel like answering?

Bondi: I don’t mind answering.

Trump: I mean, I can’t believe you’re asking a question about Epstein at a time like this, where we’re having some of the greatest success, and also tragedy, with what happened in Texas. It just seems like … a desecration.

I can think of no moment in his ten year political career where Trump so obviously lost his cool because he was helpless to direct attention where he wanted it.

And it’s likely to only keep Epstein at the center of attention.

Update: Mike Cernovich has already posted that, “We will continue asking about Epstein.” Elon asks, “How can people be expected to have faith in Trump if he won’t release the Epstein files?”

Update: Liz Wheeler (no relation–but one of the propagandists originally promised Epstein files) wrote a long screed about how Trump is misreading his base. This is just part of it!

President Trump snaps at reporter who asks him Epstein question.

Trump is massively misreading his base on this one.

It could cost him the midterms.

People CARE about Epstein. Not only because of the grisly crimes against children, but because there’s evidence of a government cover up.

Evidence like Epstein’s autopsy showing injuries incongruent with suicide. Evidence like the British Palace’s response to ABC’s nuked report on Epstein & Prince Andrew & Bill Clinton. Evidence like former U.S. Atty Alex Acosta saying he was told to back off because Epstein was an intel asset & then finding his DOJ emails mysteriously disappeared, etc.

And now government officials are telling us to ignore the evidence in front of our eyes & believe them—without evidence. Nope. Not gonna do it. We voted for radical transparency & JUSTICE.

President Trump should not underestimate how much goodwill he’s lost among his base due to Pam Bondi’s mishandling of the Epstein files. People are furious. I would know, I was the collateral damage in Bondi’s infernal Epstein binder debacle. She should’ve been fired on the spot.

[snip]

Epstein is foundational. That’s why Trump’s base has a visceral reaction to being told we’ll get the Epstein files… and now being told actually we’re getting nothing.

Pam Bondi didn’t tell us the truth. She seems more interested in being a Fox News star than keeping promises. Something is fishy about the Epstein stuff. His racket. His death. His friends. His intel connections. Patting us on the head & telling us “nothing to see here” is infuriating.

President Trump should not underestimate the significance of this moment. He’s losing goodwill by the day—thanks to Pam Bondi. Trump is smart. He cares about his base. He listens.

He should listen now, so it doesn’t cost him the midterms.

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Pam Bondi Admits She Must Fire Kash Patel and Dan Bongino

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Even before Trump was inaugurated, I had great fun boosting expectations that Trump would release the Jeffrey Epstein files.

I didn’t do so because I believed there would be a massive Epstein release (partly because some of the conspiracy theories about Jeffrey Epstein are not true and partly because what is true is that Trump is among the powerful men who are implicated). I didn’t do so because I believed any files would ever come out.

I did so because beliefs about Epstein are non-falsifiable. I did so because even if there were no damning materials tying Trump to Epstein, the President would still never be able to satisfy the expectations of his mob.

I did so because the promise (from Kash Patel, long before he was confirmed, and then from Pam Bondi) and expectation that Trump would release the files was an expectation that Trump’s supporters should expect to have fulfilled — after all he ordered DOJ to do just that, with the JFK, RFK, and MLK files.

But there’s no chance their expectations can ever been fulfilled. It was a way, I knew, where Trump was going to disappoint some of his most rabid fans.

Trump promised to release the secret files the continued secrecy of which have fueled decades of conspiracy theories, so why wouldn’t he release files about pedophilia, the legitimate concern that has fueled the Trump-supporting QAnoners?

I fueled such expectations on Xitter because if the demand to see the Epstein files ever took hold, Bondi would be stuck.

Then Bondi made things worse when she told Fox News that Epstein’s client file was on her desk for review. She made things worse when she orchestrated the re-release of the already-released files to a select group of right wing propagandists, all packaged up to look special, a spectacle that stoked divisions among MAGAts but also raised concerns that she was covering stuff up. She made things still worse when — responding to James Comer’s role in making things worse, when he claimed the Epstein files had been disappeared — she said there were tens of thousands of videos involving Epstein.

Kash Patel, who promised to release the files, and Dan Bongino, who begged his readers never to let go of this scandal? They fed the fever too with their years of spreading conspiracy theories about the Epstein files. And when FBI’s conspiracy theorists in chief tried to reverse course a month ago, it only further fueled suspicions.

Then Elon joined the fun, accusing Trump of being in the Epstein files as part of his tantrum against Trump (but then deleting that file). As someone who was also close to Ghislaine Maxwell, Elon might know!

Dan Goldman joined in, expressing, “grave concern about what appears to be a concerted effort by you to delay and even prevent the release of the Jeffrey Epstein Files,” and asking whether Trump’s identity was being redacted from any of the files. Robert Garcia and Stephen Lynch joined in, writing Pam Bondi a letter, asking Bondi to formally answer whether the Epstein files are being withheld — as Elon Musk alleged — because Trump is in them, and further asking (among other questions) whether Trump had a role in the delay of their release.

Bondi’s stonewalling, after both she and Kash promised everything would come quickly, was becoming the story.

So yesterday, DOJ and FBI released (or rather, made available to Axios without yet, apparently, releasing it via normal channels) a two-page unsigned notice (which may be on letterhead created for the purpose).

It included two main, credible conclusions:

  • Much of the material that FBI has depicts victims and any release of that material would retraumatize the victims.
  • FBI concluded (and Trump’s flunkies agree) that Jeffrey Epstein killed himself. DOJ released two files (one unaltered, one enhanced, both with titles that do not even mention Epstein) showing that no one entered his cell the night he killed himself.

But there’s also a short, broader conclusion that is less sound.

This systematic review revealed no incriminating “client list.” There was also no credible evidence found that Epstein blackmailed prominent individuals as part of his actions. We did not uncover evidence that could predicate an investigation against uncharged third parties. [my emphasis]

Emphasis on credible?

Of course there’s a client list; one version of it was already released. There are also the names or descriptions shared by victims of the men who abused them. And while there may be no evidence in the FBI files that Epstein did blackmail Trump or anyone else, he had blackmail material on them. There’s certainly credible reason to believe that information is one of the reasons he was allowed to persist so long; it was useful for other powerful people, possibly even spooks in one or another country. That FBI didn’t uncover evidence confirming that others were involved in trafficking young people is dramatically different from saying that there’s no damning information implicating Epstein’s Johns.

But let’s assume for the moment that these conclusions are impeccable (and as I said, the decision not to release videos showing victims and the conclusion about the suicide are sound), that means that the people who’ve been claiming to have inside knowledge who promised to release the files — starting with FBI Director Kash Patel and FBI Deputy Direct Dan Bongino — are braying conspiracy theorists who cannot be trusted in any position of authority.

If it’s true that all this was a conspiracy theory, Kash and Bongino must leave the FBI, because they’ve just confessed they will endorse any kind of conspiracy theory to spin up Trump’s rubes. Pam Bondi must call for their resignations immediately, and while she’s at it, she should leave herself, because her original stunt release created the very expectations that she’s now trying to squelch.

They all promised to fulfill conspiracy theories and are now claiming they were lying about their certainty there was some there there.

Honestly, they’d be doing themselves a favor by doing so. But that won’t happen, and because these conspiracy theories are non-falsifiable, this attempt to make the entire promised reveal go away will simply fuel further conspiracy theories. Indeed, it already is.

Kash Patel, Dan Bongino, and Pam Bondi have now confirmed they are raging conspiracy theorists. And yet even that will not be enough to tamp down further conspiracy theories.

Update: I’m laughing my ass off. Doocy quoted Pam Bondi’s claim from an old interview, stating she had the client list on her desk. Karoline Leavitt spun it, with Doocy making big faces.

In addition, Unusual Whale notes that the last minute of the day (these may be PT time), from 11:58:59 to 11:59:59, missing from the video. Oh, and it turns out it’s not even the right cell.

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DOJ Reaches a Non-Prosecution Agreement with the MCC Guards Bill Barr Used as Scapegoats for Jeffrey Epstein’s Death

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Back when DOJ rolled out a draconian prosecution against two of the prison guards — Michael Thomas and Tova Noel — whose negligence created the opportunity for Jeffrey Epstein to kill himself, I noted all the ways they were being made scapegoats so Billy Barr could avoid admitting that his own system-wide failures to address staff shortages in the prison system played a far more important role in Epstein’s death.

That he calls these “screw-ups” didn’t prevent his DOJ from filing a six count indictment this week against the guards on duty the night Epstein died, Michael Thomas and Tova Noel, an overarching conspiracy charge along with false records charges for each of five prisoner checks one or both of them had claimed to have done that night, but did not.

It’s an odd indictment.

It shows that in addition to Thomas and Noel, two other guards filed false records, one — along with Noel, for a 4PM prisoner check during which Epstein wasn’t even on the floor — and another –again with Noel, for a 10PM check.

Furthermore, there’s no evidence that they failed to complete the checks because they were trying to facilitate suicide. Indeed, Thomas is described as one of the guards who had found Epstein before his earlier suicide attempt succeeded on July 23. More importantly, when Epstein was found dead (the indictment is very unclear about who first found him, though the implication is Thomas was), both defendants immediately admitted they hadn’t done their job.

NOEL told Supervisor-1 “we did not complete the 3 a.m. nor 5 a.m. rounds.” THOMAS stated, “we messed up,” and “I messed up, she’s not to blame, we didn’t do any rounds.”

Additionally, there’s no time of death in the indictment, leaving open the possibility that Epstein died before Thomas came on shift at midnight, meaning one of the other guards would be the other responsible party.

While the conspiracy charge relies, in part, on a ConFraudUs argument — effectively arguing that by making false records claiming they had done their rounds, they impaired the lawful function of the government, the indictment also alleges they intended to impair “the investigation or proper administration” of government.

Sure, they impaired their supervisor’s ability to bust them for slacking (and, for two hours, literally sleeping) on the job. Sure, they impaired an escalating bed check system that was unnecessary in any case to find Epstein.

It’s certainly possible that the government suspects there’s more to this, that Thomas, having been involved in thwarting Epstein’s first suicide, he got recruited to facilitate his second one. It’s possible the government is suspicious about the fact that Noel walked up to the door of Epstein’s unit around 10:30PM. Certainly, by larding on six charges, they’re holding an axe over the guards’ heads to make them plead out quickly. Though there’s no reason to believe either one of them was involved in the more important failure, to make sure Epstein had a cellmate who could have called guards right away.

But as presented, the evidence presented in this indictment suggests not so much a conspiracy to make it easier for Epstein to kill himself, but instead, a conspiracy — one involving other guards on the SHU that night — to cut corners to make their thankless job easier. Part of that seems driven the pay and understaffing leading guards to take taxing overtime shifts; both defendants were working an overtime shift that night, with Noel working 16 hours straight that day.

I don’t mean to apologize for the defendants for behavior that, with several other factors, created the opportunity for Epstein to kill himself.

Rather, I mean to highlight how the grunts in this story are being threatened with long prison sentences, while the guy (once again) watching videos himself rather than fixing the systemic problems gets away with calling it “a perfect storm of screw-ups.”

The government was pushing to take the two guards to trial last year.

Before COVID scotched that plan, Thomas’ lawyer, Montell Figgins, unsuccessfully tried to obtain documents that would show the guards’ misconduct was not only known to Bureau of Prisons management before Epstein’s death, but also required because of how badly prisons were understaffed.

The requested documents in this motion are essential to Mr. Thomas’ ability to prepare a defense. Mr. Thomas contends that the conduct with which he is being charged is: 1) rampant throughout the BOP; 2) made with knowledge and acquiescence by the leadership of the BOP; and 3) is the direct result ofBOP policies and mismanagement that forced the defendant to engage in conduct for which he is now being charged criminally.

Figgins also argued that there were necessarily other people — other guards and supervisors — who had to be complicit in their actions.

Additionally, Michael Thomas is charged with making false statements for signing certain count slips and round sheets. However, what the government has deliberately failed to clarifiy [sic] is that those documents have to be approved by supervisors and are signed and/or initialed by other BOP employees. If this is the case, why is Michael Thomas and Tova Noel the only two employees charged with making false statements.

The judge denied that request, accepting the government’s representation that, among other things, the prosecution had investigated this thoroughly and any IG Report showing a systemic problem at the Metropolitan Corrections Center and Bureau of Prisons more generally was far from completed and therefore anything that existed would be deliberative.

Since then, the trial has been delayed over and over because of COVID, and would not have taken place until sometime in October or later.

But now it’s almost certainly not going to happen at all.

Yesterday, the government moved to enter non-prosecution agreements against the two defendants, arguing that the investigation they had already said merited prosecution now merits no prosecution.

After a thorough investigation, and based on the facts of this case and the personal circumstances of the defendants, the Government has determined that the interests of justice will best be served by deferring prosecution in this District.

In addition to 100 hours of community service, Thomas and Noel are required to cooperate with the Inspector General’s investigation the drafts of which they had been denied in discovery last year.

The defendants will cooperate with a pending Department of Justice Office of Inspector General review by providing truthful information related to their employment by the Bureau of Prisons, including about the events and circumstances described in the Indictment;

This indicates that the IG Report still is nowhere near done. It may also indicate that the IG requires their cooperation to lay out an accurate chain of authority for the circumstances behind Epstein’s suicide, cooperation they would have been legally entitled to withhold under a Fifth Amendment claim pending trial.

Their prosecution, had it succeeded, would have made a full report by the IG impossible; now their punishment is to cooperate with the IG.

All this strongly suggests that Figgins was absolutely right, a year ago, when he argued that a full investigation of the events would show that Thomas and Noel were, in the least worst case scenario, just bit players in a larger system of incompetence and neglect that allowed Epstein to take his secrets to the grave. The evidence still strongly suggests that Epstein was allowed to kill himself by that neglect.

But given the seeming confirmation that Thomas and Noel were being scapegoated to short-circuit a larger investigation and given that DOJ IG did not complete its investigation while Bill Barr retained some ability to influence the investigation, there may be more to it.

It remains unclear whether Bill Barr’s refusal to staff prisons adequately led to Epstein’s death or something more malign happened. Whichever it is, these two prison guards very nearly became sacrifices in Barr’s effort to hide his own complicity.

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Bill Barr Moves from Treating Understaffing at BOP as a “SNAFU” to a “Perfect Storm of Screw-Ups”

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In its annual review of management and performance challenges, DOJ’s IG listed “Managing a safe, secure, and human prison system” first among all challenges, bumped up two positions and significantly expanded from where challenges running the Bureau of Prisons occupied in that report last year.

After listing contraband — including phones like the one Joshua Schulte allegedly used to leak more CIA secrets from MCC or the one an inmate used to arrange a guard’s murder — the report then focuses on BOP’s outdated cameras, inadequate monitoring, and insufficient staffing. While all three factored in Jeffrey Epstein’s ability to kill himself, the inmate monitoring section mentions the deaths in custody of both Epstein and Whitey Bulger, while showing that those two famous prisoners were part of a trend of less notorious prisoners.

In addition to the issues relating to security cameras, the BOP also faces challenges ensuring that its correctional officers monitor inmates at required frequencies and in accordance with policies to protect inmates, including reducing the risk of inmate homicides and suicides. From FY 2015 through July 2019, the BOP has experienced 46 inmate deaths by homicide and 107 inmate deaths by suicide, including the deaths of high-profile inmates, James “Whitey” Bulger and Jeffrey Epstein. Inmate deaths by suicide in BOP facilities have increased from 8.1 per 100,000 federal inmates in FY 2016 to 14.7 per 100,000 inmates in FY 2018. The OIG is currently investigating several recent inmate homicide and suicide deaths, including those of Bulger and Epstein, to assess any systemic issues that they present, and to ensure that BOP staff are conducting consistent and appropriate monitoring of the inmates in BOP custody to ensure their physical safety.

In short, the IG identified several of the factors that contributed to Epstein’s death to be among the most urgent problems facing DOJ.

Of course, all that was not just knowable, but known, months before Epstein’s death. As I noted at the time, four months before Epstein’s death, Republican Senators Shelly Capito raised concerns about BOP staffing levels, citing several deaths in West Virginia’s Hazelton prison, where Bulger was killed. At the time, Barr brushed off Capito’s question about budget cuts by calling it a SNAFU.

In response to a question from a Republican Senator about these issues, the Attorney General admitted failure. “I think this is an area where we have stumbled.” Rather than answering Senator Capito’s question about the budget, though (again, this was an Appropriations hearing), he instead explained that the problem wasn’t budget, it’s that the BOP doesn’t have all its assigned slots full because of how it hires.

I’ve been looking into this because it’s been very frustrating to me because I’ve always supported Bureau of Prisons in the past and think it’s a great organization and if we’re going to have people incarcerated we have to make sure they’re incarcerated under proper conditions. We are  — The way I look at it our authorized level is good and adequate. It’s that we’re four to five thousand people short of our authorized level.

Barr went on to provide evidence of a systematic underlying problem. “Every year we lose 2,600 of these correctional officers.” Without considering why turnover in the BOP is so high, he instead offered this solution. “My view is we just have to turn on the spigot and just keep these new entry level people coming in at a rate where we’re going to be able to get up to and maintain our enacted level. So I think this is largely a SNAFU by the department.”

Today, the AP has an interview (conducted on a flight to Montana) with Barr, in which he tries to assure the public that Epstein really did just kill himself by explaining that he, personally, reviewed the security footage, just like he claimed to have read the Mueller Report.

The attorney general also sought to dampen conspiracy theories by people who have questioned whether Epstein really took his own life, saying the evidence proves Epstein killed himself. He added that he personally reviewed security footage that confirmed that no one entered the area where Epstein was housed on the night he died.

He calls the several known factors that contributed to Epstein’s ability to kill himself “a perfect storm of screw-ups.”

Attorney General William Barr said he initially had his own suspicions about financier Jeffrey Epstein’s death while behind bars at one of the most secure jails in America but came to conclude that his suicide was the result of “a perfect storm of screw-ups.”

That he calls these “screw-ups” didn’t prevent his DOJ from filing a six count indictment this week against the guards on duty the night Epstein died, Michael Thomas and Tova Noel, an overarching conspiracy charge along with false records charges for each of five prisoner checks one or both of them had claimed to have done that night, but did not.

It’s an odd indictment.

It shows that in addition to Thomas and Noel, two other guards filed false records, one — along with Noel, for a 4PM prisoner check during which Epstein wasn’t even on the floor — and another –again with Noel, for a 10PM check.

Furthermore, there’s no evidence that they failed to complete the checks because they were trying to facilitate suicide. Indeed, Thomas is described as one of the guards who had found Epstein before his earlier suicide attempt succeeded on July 23. More importantly, when Epstein was found dead (the indictment is very unclear about who first found him, though the implication is Thomas was), both defendants immediately admitted they hadn’t done their job.

NOEL told Supervisor-1 “we did not complete the 3 a.m. nor 5 a.m. rounds.” THOMAS stated, “we messed up,” and “I messed up, she’s not to blame, we didn’t do any rounds.”

Additionally, there’s no time of death in the indictment, leaving open the possibility that Epstein died before Thomas came on shift at midnight, meaning one of the other guards would be the other responsible party.

While the conspiracy charge relies, in part, on a ConFraudUs argument — effectively arguing that by making false records claiming they had done their rounds, they impaired the lawful function of the government, the indictment also alleges they intended to impair “the investigation or proper administration” of government.

Sure, they impaired their supervisor’s ability to bust them for slacking (and, for two hours, literally sleeping) on the job. Sure, they impaired an escalating bed check system that was unnecessary in any case to find Epstein.

It’s certainly possible that the government suspects there’s more to this, that Thomas, having been involved in thwarting Epstein’s first suicide, he got recruited to facilitate his second one. It’s possible the government is suspicious about the fact that Noel walked up to the door of Epstein’s unit around 10:30PM. Certainly, by larding on six charges, they’re holding an axe over the guards’ heads to make them plead out quickly. Though there’s no reason to believe either one of them was involved in the more important failure, to make sure Epstein had a cellmate who could have called guards right away.

But as presented, the evidence presented in this indictment suggests not so much a conspiracy to make it easier for Epstein to kill himself, but instead, a conspiracy — one involving other guards on the SHU that night — to cut corners to make their thankless job easier. Part of that seems driven the pay and understaffing leading guards to take taxing overtime shifts; both defendants were working an overtime shift that night, with Noel working 16 hours straight that day.

I don’t mean to apologize for the defendants for behavior that, with several other factors, created the opportunity for Epstein to kill himself.

Rather, I mean to highlight how the grunts in this story are being threatened with long prison sentences, while the guy (once again) watching videos himself rather than fixing the systemic problems gets away with calling it “a perfect storm of screw-ups.”

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In Epstein’s Wake: MIT Media Lab, Dirty Money, and Swartz [UPDATE]

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[NB: This is definitely not by Marcy; contains some speculative content. Update at bottom. /~Rayne]

MIT Media Lab is in upheaval after the disclosure that its organization accepted financial support from now-deceased pedophile Jeffrey Epstein.

Ethan Zuckerman announced Tuesday he was moving his work out of the MIT Media Lab by the end of May 2020. He’s been a highly-respected director of the MIT Center for Civic Media, a subset of the Media Lab. Zuckerman explained his decision in a post on Medium:

… My logic was simple: the work my group does focuses on social justice and on the inclusion of marginalized individuals and points of view. It’s hard to do that work with a straight face in a place that violated its own values so clearly in working with Epstein and in disguising that relationship. …

His moral and ethical clarity deserves applause; Zuckerman stands out against the highly compromised tech sector, in both academia and the private sector.

While his announcement was as upbeat as it could possibly be considering the circumstances, a faint sense of betrayal leaks through. It must have been painful to learn one’s boss has undermined their work so badly they have no choice but to leave, even if one enjoys their workplace and their boss.

Joi Ito, director of the MIT Media Lab, offered his apology for his having accepted funding from Epstein through organizations Epstein controlled.

The explanation in Ito’s statement and his apology sound banal and will likely be accepted by the wider technology community given how little reaction there’s been from Silicon Valley.

One glaring problem: Ito is an lawyer, a visiting professor at Harvard. There’s little defense he can offer for taking  dirty money from a convicted human trafficker. It matters not if the money was ‘laundered’ through funds if they were under Epstein’s control. The money mattered more than the appearance, more than Media Lab’s ethics.

Ito still has considerable explaining to do. It won’t be enough fast enough to stem the tide, though.

J. Nathan Mathias, visiting scholar working on the CivilServant project at the Lab, has also announced he is leaving:

As part of our work, CivilServant does research on protecting women and other vulnerable people online from abuse and harassment. I cannot with integrity do that from a place with the kind of relationship that the Media Lab has had with Epstein. It’s that simple.

Epstein’s money didn’t directly fund CivilServant yet any of his dirty money funded the Media Lab it supported the infrastructure for CivilServant.

There will be more departures. Worse, there will be people who can’t leave, trapped by circumstance. Epstein’s poisonous reach continues beyond the grave.

~ ~ ~

When I read that Zuckerman was leaving MIT Media Lab, it occurred to me there was a possible intersection between MIT, law enforcement, and another activist who lived their values defending the public’s interest.

Aaron Swartz.

The government was ridiculously ham fisted in its prosecution of Swartz for downloading material from MIT for the purpose of liberating taxpayer-funded information. The excessive prosecution is believed to have pushed Swartz to commit suicide.

What could possibly have driven the federal government to react so intensely to Swartz’s efforts? One might even say the prosecution was in diametric intensity to the prosecution of Jeffrey Epstein a few years earlier.

Why was Swartz hammered by the feds for attempting to release publicly-funded material while Epstein got a slap on the hands — besides the obvious fact women and girls are not valued in this society as much as information is?

At the time I wondered whether it was research materials that might pose a threat to the existing stranglehold of fossil fuel industries. There was certainly enough money in that.

But in retrospect, seeing how Epstein made a concerted effort to inveigle himself into science and technology by way of investment, noting that researchers were among the compromised serviced by Epstein’s underage sex slaves, was it really research that Epstein tried to access?

What might be the overlap between Epstein’s outreach and the DOJ with regard to MIT and to Swartz’s activism?

Is it possible that something else besides scientific research might have interested both Epstein and the federal government, incurring the wrath of the latter?

I can’t help but wonder if Swartz’s work to liberate federal court archive Public Access to Electronic Court Records (PACER) documents might have been that something else.

In 2008, Carl Malamud of Public.Resource.org worked with Swartz, receiving what PACER documents had been downloaded from behind PACER’s pricey paywall.

Upon reading the downloaded content they found court documents rife with privacy violations, including

“names of minor children, names of informants, medical records, mental health records, financial records, tens of thousands of social security numbers.”

Malamud said they contacted

“Chief Judges of 31 District Courts … They redacted those documents and they yelled at the lawyers that filed them … The Judicial Conference changed their privacy rules. … [To] the bureaucrats who ran the Administrative Office of the United States Courts … we were thieves that took $1.6 million of their property. So they called the FBI … [The FBI] found nothing wrong …”

Was the harassment-by-excessive-prosecution intended to stop Swartz and Malamud from exposing any more confidential information exposed in federal prosecutions, shielded from the public by nothing more than a cost-prohibitive per page charge of eight cents?

Would politically-toxic sweetheart deals like the DOJ offered Epstein have been among those with privacy violations and poorly-/non-redacted confidential information?

Or given Epstein’s long relationship with senior members of MIT Media Lab, was Swartz cutting into someone’s turf by liberating data which might otherwise be salable — legally or illegally — if closely held?

~ ~ ~

Putting aside speculation, several things need to be dealt with immediately to remedy the mess post-Epstein.

First, all entities receiving public funding which also received contributions from Epstein-controlled funds must make full disclosure — ditto nonprofits which operate as 501(c)3 entities paying no taxes, like Epstein’s shady Gratitude America, Ltd. Who in each organization was approached, when, how did Epstein communicate his interest in funding their work, how were contributions made, and did any persons affiliated with the entities travel with, to/from an Epstein-controlled venue or Epstein-funded event? Everything these entities do is suspect until they are fully transparent.

It would be in the best interest of affected entities to make disclosures immediately; the court-ordered release of sealed documents from Virginia Giuffre’s defamation lawsuit against Epstein’s alleged procurer Ghislaine Maxwell is not yet complete. Only a portion has been published; failing to make disclosures ahead of the release has not helped Media Lab’s credibility. Nor has this:

MIT declined to comment on the money it received. “While donors, including foundations, may confirm their contributions to the Institute, MIT does not typically comment on the details of gifts or gift agreements,” MIT spokesperson Kimberly Allen told BuzzFeed News by email.

Second, in the case of MIT Media Labs in particular, a  complete narrative history and timeline of the Lab’s origin, work, and funding since it was launched is necessary. There isn’t one that I can find right now — not at the organization’s website, not even on Wikipedia. This lack of transparency is wretched hypocrisy considering the grief members of the Lab expressed upon Swartz’s death. Media Lab’s site Search feature offering content by range or years is inadequate and must be supplemented.

It’s not clear based on publicly available information what Marvin Minsky‘s exact role was and when with the Lab though he is referred to as a founder. Minsky, who died in 2016, is among those Virginia Giuffre has accused of sexual abuse. What effect including financial contributions did Epstein have on MIT Media Lab through his relationship with Minsky?

As Evgeny Morozov found when combing through papers, Epstein’s money could have been present as early as the Lab’s inception. Why can’t the public see this history readily, let alone the researchers, staff, students working in the Media Lab?

Even the work MIT Media Lab encompasses is not shared openly with the public. Mathias’ project CivilServant isn’t listed under Research — it can only be found through the Lab’s Search feature. How can the public learn what may have been shaped by Epstein’s funding if they can’t even see what the Lab is working on?

Third, Swartz’s work toward an Open Access Movement outlined in his Guerrilla Open Access Manifesto remains undone.

The effect of closed/limited access to publicly-funded information may be killing us and our planet. This can’t be stressed enough, based on one example from Malamud’s recollection:

… The last time Aaron had downloaded large numbers of journal articles was in 2008, when he downloaded 441,170 law review articles from Westlaw, a legal search service. He was trying to expose the practice of corporations such as Exxon funding a practice known as “for-litigation research,” which consisted of lucrative stipends given to law professors who in turn produced articles penned specifically so they could be cited in ongoing litigation. In the case of Exxon, they were trying to reduce their $5 billion in punitive damages from the Exxon Valdez Oil Spill. Aaron didn’t release any of the articles he downloaded, but the research he did was published in 2010 in a seminal article in the Stanford Law Review that exposed these ethically questionable practices in the legal academy. …

If Exxon did this for the Valdez Oil Spill, have they also done this with regard to climate change-related documents since the late 1980s?

Why isn’t this kind of work protecting the public’s interest against the malign use of corruptly-controlled data one of the Lab’s research programs?

Open access, too, must apply to MIT Media Labs. It must be as transparent as Swartz would have wished it to be.

You have to wonder how different the course of technology would have been as well as history had open access been baked into publicly-funded research at MIT Media Lab from the beginning.

UPDATE — 9:00 AM EDT 23-AUG-2019 —

Keep an eye on Evgeny Morozov’s Twitter feed as he’s been sharing more material on MIT Media Lab and Jeffrey Epstein.

Like this thread in progress by Media Lab fellow Sarah Szalavitz, who had warned against taking Epstein’s money. Alan Dershowitz pops up in that thread.

Note also community member foggycoast’s comment in which they share quite a few resources to help flesh out MIT Media Lab’s early years as well as Aaron Swartz’s papers.

I’d like to hear from more women who worked at Media Lab because I’m sure they won’t be as blind to predatory behavior as men have been. But then this asks people with less social capital, including some potential victims, to do the work of exposing this hidden form of corruption.

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Four Months Ago Attorney General Bill Barr Called BOP Staff Shortages that Led to Whitey Bulger Murder “a SNAFU”

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At an Appropriations hearing in April, Republican Senator Shelley Moore Capito premised a question about cuts to Bureau of Prison staffing budgets by reminding, “We’ve had several murders at Hazelton,” the federal Maximum Security facility in her state of West Virginia. (The WaPo noted this exchange in one of their early stories on Jeffrey Epstein’s death, though without this context.)

She doesn’t mean just any murders. In addition to some inmates from DC that Eleanor Holmes Norton had raised concerns about last fall, Hazelton was the site of Whitey Bulger’s murder, a death in BOP custody of an inmate every bit as worthy of close attention as Jeffrey Epstein, a death that was every bit as predictable as Epstein’s.

Capito went on to list several of the same problems that appear to have permitted Epstein’s death in the Metropolitan Correctional Center: staffing shortages and people assigned to perform duties they’re not trained for.

We’ve had complaints from staffing that there’s staffing shortages, it’s not safe for our correctional officers, they’re being asked to perform different duties maybe than what they’re originally assigned for, and in the budget, there’s a funding reduction for correctional officer staffing and salaries in the budget. Could you help me square with that, and is this a national problem that you’re finding across the BOP?

After Bulger’s murder, correctional officer union representatives cited the same problems: severe understaffing and people hired for other functions filling in for guards.

“(The) reported death at USP Hazelton, while concerning, is unsurprising,” said J. David Cox Sr., president of the American Federation of Government Employees. “Federal prisons across the country are suffering from severe understaffing, and the situation is perhaps no more dire than at Hazelton.”

The union reported that one in five positions authorized two years ago is vacant, and teachers, administrative assistants and accountants have had to fill in shifts as officers and first responders to violent incidents.

In response to a question from a Republican Senator about these issues, the Attorney General admitted failure. “I think this is an area where we have stumbled.” Rather than answering Senator Capito’s question about the budget, though (again, this was an Appropriations hearing), he instead explained that the problem wasn’t budget, it’s that the BOP doesn’t have all its assigned slots full because of how it hires.

I’ve been looking into this because it’s been very frustrating to me because I’ve always supported Bureau of Prisons in the past and think it’s a great organization and if we’re going to have people incarcerated we have to make sure they’re incarcerated under proper conditions. We are  — The way I look at it our authorized level is good and adequate. It’s that we’re four to five thousand people short of our authorized level.

Barr went on to provide evidence of a systematic underlying problem. “Every year we lose 2,600 of these correctional officers.” Without considering why turnover in the BOP is so high, he instead offered this solution. “My view is we just have to turn on the spigot and just keep these new entry level people coming in at a rate where we’re going to be able to get up to and maintain our enacted level. So I think this is largely a SNAFU by the department.”

Senator Capito warned once more about staffing levels and noted that those staffing levels are one of the reasons why people — even in West Virginia — don’t want the jobs.

I’m glad to hear what you’ve said in terms of getting more people in because the ratios are going up and in certain situations can be very dangerous for the officers that are working there, and then it discourages people from wanting to stay. It’s a tough job.

In a statement the other day, Barr claimed that some of the things that led to Epstein’s death (whether murder or suicide) — the same understaffing leading to people playing roles they weren’t hired for that Capito warned of in April — were “severe irregularities.”

I was appalled – indeed, the entire Department was – and frankly angry, to learn of the MCC’s failure to adequately secure this prisoner.  We are now learning of serious irregularities at this facility that are deeply concerning and that demand a thorough investigation.  The FBI and the Office of Inspector General are already doing just that.  We will get to the bottom of what happened at the MCC and we will hold people accountable for this failure.

This afternoon, Barr took action against the MCC warden and the two staffers on whose watch Epstein died, temporarily reassigning the warden and putting the officers on leave, effectively blaming them for conditions he called a SNAFU back in April.

On Tuesday, Barr “directed the Bureau of Prisons to temporarily assign” warden Lamine N’Diaye to a regional office, pending the outcome of internal investigations into Epstein’s death, the Justice Department said in a statement. Two staffers who were assigned to Epstein’s unit at the time of his death were placed on administrative leave, the department said.

Back in April, Barr called staffing shortages in prisons “a SNAFU.” Now, having been warned and having acknowledged the problem, he’s claiming some of the same problems were not regular, but instead severely irregular, and he’s blaming the people on the front lines rather than those in charge of the “SNAFU.”

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Three Things: Two USAs and a Bear

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[NB: Check the byline, thanks! /~Rayne]

These things aren’t worth a full post but perhaps they’re worth a brief look. They bugged me when I ran across them — now it’s your turn.

~ 3 ~

The sketchy work former U.S. Attorney and now-former Labor Secretary Alex Acosta did on Jeffrey Epstein’s prosecution — a non-prosecution — looks worse as time goes by and we learn more about Epstein’s recidivism.

(Which really isn’t recidivism since he wasn’t prosecuted by the feds, yes? He continued business as usual unabated.)

But Acosta wasn’t the first U.S. Attorney for the Southern District of Florida under the Bush administration. He replaced Marco Jimenez, conveniently in time to prosecute Jack Abramoff and investigate Jeffrey Epstein.

Jimenez’ departure to return to private practice in June 2005 didn’t draw much attention, though he was one of the relatively few USAs who served less than their full four-year term after appointment by the president. This seems odd given how much scrutiny the U.S. Attorneys received during the Bush administration due to “Gonzales Seven” scandal — the U.S. Attorneys dismissed en masse on December 7, 2006 by U.S. Attorney General Alberto Gonzales. Jimenez wasn’t one of the attorneys summarily fired by Bush.

At the time both Marcy and I had speculated about possible unifying reason(s) why the U.S. Attorneys were terminated. One of them was the possibility some of the USAs were LGBTQ and/or might be sympathetic to LGBTQ targets in prosecutions. Another reason was related to the handling of energy cases like Enron, FERC corridors, fracking, and pipelines.

But it didn’t occur to me that another possible unifying reason was human trafficking.

New Mexico’s U.S. Attorney was fired with the rest of the “Gonzales Seven.”

And Epstein not only had a residence in south Florida but in New Mexico.

What a coincidence.

David Iglesias was the USA for New Mexico until December 2006, succeeded by his assistant Larry Gomez. Gomez never received a nomination by Bush with Senate approval; he served the rest of Bush’s term as acting USA. Iglesias wrote in an op-ed for The New York Times that he believed he and the rest of the “Gonzales Seven” were terminated for political reasons.

Two GOP members of Congress — Representative Heather Wilson and Senator Pete Domenici, both now out of office — had pressed Iglesias to prosecute a corruption case. There had also been pressure to investigate and prosecute voter fraud.

Epstein’s New Mexico ranch is now under investigation.

~ 2 ~

Speaking of New Mexico, I’ve had this squirreled away for a while because I wasn’t certain what to make of it last October.

The acting U.S. Attorney for New Mexico, James Tierney, entered an agreement with the Trump administration in July 2017 about its “zero tolerance” policy pertaining to the El Paso Sector. The program separating children from family members was piloted through New Mexico, beginning there nearly a year before it was rolled out to the rest of the country.

The El Paso Sector should not to be confused with city of El Paso, which is located in Texas. Texas also has four USAs.

Why was the agreement with New Mexico’s USA alone and not with the USAs for all the border states — Texas, Arizona, California, and New Mexico? Why with an acting USA instead of waiting for a Senate-approved appointee?

Note also that Damon Martinez, appointed by President Obama, was forced out as U.S. Attorney for New Mexico in March 2017. Tierney was the acting USA until Trump nominee John C. Andersen was approved by the Senate in February 2018.

Sure would like to know what the trend is in New Mexico for human trafficking prosecutions.

I hope like hell children separated from their families or unaccompanied haven’t been trafficked out of U.S. concentration camps while the federal government looks the other way.

~ 1 ~

And now back to a tangent related to Epstein, who once worked for now-defunct investment bank Bear Stearns before he opened his own financial management services firm.

This is really more of a reminder, I should say: Trump and/or his organization had obtained alternative financing through Bear Stearns, some of which was tied up in the beginning of the 2008 crash.

Fusion GPS’ Glenn Simpson’s January 2018 testimony before the House Permanent Subcommittee on Intelligence mentioned Trump having had relationship with Bear Stearns:

[SIMPSON]… There’s the Trump vodka business that was earlier. And then ultimately, you know, what we came to realize was that the money was actually coming out of Russia and going into his properties in Florida and New York and Panama and Toronto and these other places.

And what we, you know, gradually begun to understand, which, you know, I suppose I should kick myself for not figuring out earlier, but I don’t know that much about the real estate business, which is I alluded to this earlier, so, you know, by 2003, 2004, Donald Trump was not able to get bank credit for — and if you’re a real estate developer and you can’t get bank loans, you know, you’ve got a problem.

And all these guys, they used leverage like, you know, — so there’s alternative systems of financing, and sometimes it’s — well, there’s a variety of alternative systems of financing. But in any case, you need alternative financing.

One of the things that we now know about how the condo projects were financed is that you have to — you can get credit if you can show that you’ve sold a certain number of units.

So it turns out that, you know, one of the most important things to look at is — this is especially true of the early overseas developments, like Toronto and Panama — you can get credit if you can show that you sold a certain percentage of your units.

And so the real trick is to get people who say they’ve bought those units, and that’s where the Russians are to be found, is in some of those pre-sales, is what they’re called. And that’s how, for instance, in Panama they got the credit of — they got a — Bear Stearns to issue a bond by telling Bear Stearns that they’d sold a bunch of units to a bunch of Russian gangsters.

And, of course, they didn’t put that in the underwriting information, they just said, we’ve sold a bunch of units and here’s who bought them, and that’s how they got the credit. So that’s sort of an example of the alternative financing. … [bold mine, excerpt pages 95-96]

We already know Trump and Epstein were friendly — enough so to party together. Was there some relationship between Epstein’s financial management firm and Trump’s business which might have helped Trump obtain access to Bear Stearns even while Trump was having difficulty getting credit elsewhere?

~ 0 ~

This is an open thread. What little stray things popped up recently that aren’t worth a post by themselves?

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