Will Jeff Epstein get bail today?

Here is the Government’s bail memo and the defense’s.

Some of the arguments for bail:

—complied with previous conditions of house arrest and probation

—enormous bail package including house arrest and guard

—waiver of extradition

—easily recognizable

—old offense with legal defenses

Some of the arguments against:

—enormous wealth with means to travel

—potential witness tampering

—potential new offenses re images found in safe

—nature and strength of the case

Breaking — Alex Acosta resigns

More to follow.

"Dear Florida Supreme Court: We need your help."

That's how Judge Newsom starts off this opinion, which certifies a question to the Florida Supreme Court. 

Dear Florida Supreme Court: We need your help. Among other much simpler issues, this case presents a knotty and important state-law contract question that is more appropriately answered by you than by us. Accordingly, after clearing away some underbrush, we will respectfully certify to you the following question:

Is a contractual “exculpatory clause” that purports to insulate one of the signatories from “any … damages regardless of kind or type … whether in contract, tort (including negligence), or otherwise” enforceable? Or, alternatively, does the clause confer such sweeping immunity that it renders the entire contract in which it appears illusory? Or, finally, might the clause plausibly be construed so as to bar some but not all claims and thus save the contract from invalidation?

Each possibility finds at least some support in Florida law, each comes with its own equitable pros and cons, and each has dramatically different implications for the case before us.

Alex Acosta press conference

Watch here:



It's strange to me that people are just as angry with Acosta (the prosecutor) as they are with Epstein (the sex offender).  As I've written about here in the Miami Herald, Acosta ensured Epstein had to plead, register, and go to jail. Ten years later, the deal looks too lenient, but to say that he cut the deal for some nefarious reason is not fair.  Anyone who worked with or against Acosta knows that he would not have done that.  Some of the details in the piece are now dated because it was written back in December, but the main point is still the same.  I also wrote this piece for The Hill about Acosta, differentiating a bad deal from real prosecutorial misconduct.

This morning, the WSJ has a similar take here.

Alex Acosta tweets response re Epstein case

Here is the link. 

RIP Meenu Sasser

Very sad. Sasser was only 48. She had esophageal cancer. 

She was the first Asian American judge in Palm Beach. 

She was also a short lister for the district seat in Fort Pierce. 

The Palm Beach Post has the obituary here. 

Questions after Jeff Epstein charges

1. How does this affect the SDFLA civil litigation?

2. Will he get bond?

3. How will the SDNY get around Epstein’s previous non-prosecution agreement?  Is alleging different girls enough?

4. Will the case go to trial?

5. Will Epstein put the same defense team back together?

6. How will these charges affect other defendants considering pleading guilty if they might later be charged for the same conduct in a different district if that other district considers the sentence too lenient?

7. Why is the public corruption unit handling the case?

Happy blog birthday!

It’s 14 years of blogging... 14!

Thank you again for reading and for the tips. It’s been a fun run.

A lot has changed for the District in 14 years. For starters, the district and magistrate benches are a lot younger and more diverse.

Parties for the new judges are now hosted on the 13th floor of the Ferguson courthouse. When I was clerking 22 years ago, parties were hosted in the Dyer courtyard and were catered by Christy’s. Old school. If you were lucky, Judge Davis would invite you to the after party for scotch in his chambers.

More reminiscing later... for now, I’m going to take the week off from posting unless something really important happens. I’ll see you all next week.