Miami Herald

Acosta resigns two days after defending Epstein plea deal

- BY DAVID SMILEY, JAY WEAVER, JULIE K. BROWN, AND ALEX DAUGHERTY

Of all the things that Alex Acosta has accomplish­ed, he might now be remembered most for what he failed to do.

Acosta, the Miami-raised son of Cuban immigrants, graduated from Harvard Law School, rose to lead the Department of Justice’s civil-rights division, and pursued terrorists and corrupt politician­s as the top federal prosecutor in South Florida. He became the celebrated dean of Florida Internatio­nal University’s law school before his ascension in 2017 to U.S. secretary of labor.

But at the pinnacle of his career, Acosta’s decision a dozen years earlier to drop a federal sex-traffickin­g case against accused serial sex predator Jeffrey Epstein would prove to be his downfall. On Friday, standing on the White House lawn next to President Donald Trump — who was once Epstein’s neighbor in Palm Beach — Acosta announced his resignatio­n.

“I do not think it is right and fair for this administra­tion’s labor department to have Epstein as the focus rather than the incredible economy that we have today,” Acosta, 50, explained to reporters. “So I called the president this morning. I told him I thought the right thing was to step aside.”

Alex Acosta is out as President Donald Trump’s labor secretary. ‘I do not think it is right and fair for this administra­tion’s labor department to have [Jeffrey] Epstein as the focus rather than the incredible economy that we have today,’ Acosta explained.

Trump said Acosta’s deputy, Patrick Pizzella, will take over as acting secretary on July 19.

Though Acosta said it was his decision to resign, the announceme­nt came just two days after he held a news conference where he spent nearly an hour defending the plea deal his office hashed out while he served as the U.S. attorney for the Southern District of Florida.

The non-prosecutio­n agreement halted a federal investigat­ion into sex-traffickin­g allegation­s and allowed Epstein to walk out of a Palm Beach County jail in 2009 after serving 13 months on state prostituti­on charges. Epstein’s sentence also allowed his valet to pick him up six days a week and transport him to his West Palm Beach office.

The deal was highlighte­d last year by a Miami Herald investigat­ive series, Perversion of Justice, which outlined Acosta’s role in the Epstein case — and especially his acquiescen­ce to a demand by the hedge-fund manager’s legal team to keep the resolution of the case secret from three dozen underage victims identified at the time by the FBI. Controvers­y over the deal erupted again this week after Epstein was arrested Saturday and charged with the sex-traffickin­g of minors in New York after flying into Teterboro Airport in New Jersey aboard his private plane.

Scrutiny of the non-prosecutio­n agreement that Acosta’s office cut with Epstein’s attorneys is unlikely to fade, even with his resignatio­n. A Department of Justice probe into how the agreement was crafted continues. And more than a dozen new women have come forward since Epstein’s latest arrest to say they were abused by the politicall­y connected financial manager, who denies charges that he lured teenage girls into his Manhattan and Palm Beach mansions and paid them for nude massages and sex acts.

Before his resignatio­n, House Democrats from two committees urged Acosta to appear before them and explain Epstein’s plea deal. And U.S. Rep. Debbie Wasserman Schultz, a South Florida Democrat who sits on the House Oversight committee, said she plans to continue pushing for answers.

“They can’t just ignore laws and cut secret deals and screw over victims because they are afraid of the high-powered attorneys on the other side or because they have a wealthy, wellconnec­ted accused they want to coddle and take care of,” Wasserman Schultz said.

Bradley Edwards, a Fort Lauderdale attorney who represents some of Epstein’s accusers, said the resignatio­n Friday does not answer all of the questions that he and his clients have for the former prosecutor.

“We want to sit down with him and have him talk to us and explain why he did what he did,” Edwards said, adding: “What we really want to know is if there was somebody above him that ordered that victims not be notified. Was there someone else involved in scuttling the case?”

Before the Miami Herald published its Perversion of Justice series in late November, Acosta, a Republican, received relatively scant criticism over the Epstein deal during his time as a member of Trump’s Cabinet. He drew public praise from Trump over his job as labor secretary and seemed poised to continue a notable career.

The former Bush administra­tion protégé displayed all the marks of success from a young age. He graduated early from the private Gulliver Preparator­y Academy in Miami en route to a Harvard education that landed him in a pipeline to the Department of Justice. He served as assistant attorney general in charge of the Civil Rights Division at the Justice Department between 2003 and 2005. Colleagues said he was highly regarded.

He was nominated and confirmed as the U.S. attorney for the Southern District of Florida in 2005. Supreme Court Justice Samuel Alito, for whom Acosta had clerked a decade earlier when Alito was on the U.S. Court of Appeals for the Third Circuit, participat­ed in Acosta’s swearing-in ceremony.

Acosta’s return to South Florida, despite his roots here, was met with suspicion by some federal prosecutor­s because of his scant experience in trying civil or criminal cases. But David Weinstein, a Miami lawyer who served as chief of the narcotics and nationalse­curity sections when Acosta was the U.S. attorney, told the Herald that Acosta worked to overcome the reservatio­ns of his colleagues, overseeing some of the district’s biggest cases in several areas, including terrorism, drug traffickin­g, money laundering, and fraud.

“Over time, he changed that perception,” Weinstein said.

During Acosta’s four-year tenure, the U.S. Attorney’s Office prosecuted cases against al Qaida-trained terrorist Jose Padilla, GOP lobbyist Jack Abramoff, Liberian torturer Chuckie Taylor Jr., and Colombian cocaine kingpins Miguel and Gilberto Rodriguez Orejuela.

His office also prosecuted hundreds of healthcare-, banking-, and mortgagefr­aud offenders involved in billions of dollars of scams, including prominent Swiss bank UBS for establishi­ng secret offshore bank accounts for U.S. clients to avoid paying federal income taxes.

Acosta touted his office’s prosecutio­ns of sex-traffickin­g and sex-tourism cases involving minors, as well as internet child pornograph­y cases. A few months before executing Epstein’s deal, Acosta’s office sent out a news release announcing the prosecutio­n of a Miami Beach father who was sentenced to 40 years in prison for traveling to Cambodia to pay for sex with three underage girls.

But the case against Epstein — perhaps now the most notorious sex offender in the United States — has haunted Acosta.

Acosta, who was asked only sparingly to explain the deal during his confirmati­on hearing, sought to defend himself Wednesday. He spent 53 minutes on national TV arguing that his office was forced to choose between a trial that would have been a “roll of the dice” and a plea deal that guaranteed Epstein had to register as a sex offender and pay damages to dozens of victims.

Acosta blamed lenient state prosecutor­s in Palm Beach County for undercutti­ng federal prosecutio­n efforts, although the state attorney at the time, Barry Krischer, said afterward that Acosta was trying to “rewrite history.” Acosta also said he was concerned about revictimiz­ing some of Epstein’s accusers, saying that defense attorneys grilled them during interviews.

“Today our judges do not allow victim-shaming by defense attorneys,” said Acosta, who avoided apologizin­g to Epstein’s victims for the way his office handled the case. “I know that my former colleagues, the men and women of my office, wanted to help them. I wanted to help them. That is why we intervened.”

But while his arguments drew immediate praise from the White House, it did little to diminish the pressure. Two days later, he was out.

“Good riddance,” Miami Congresswo­man Donna Shalala, a Democrat, said Friday, when asked about Acosta’s resignatio­n. “It’s about time. What he did was unacceptab­le as a lawenforce­ment official and his explanatio­n was ludicrous.”

U.S. Rep. Debbie Mucarsel-Powell, D-Miami, said it was clear Acosta had to resign once a Miami judge ruled in February that his office had violated a federal law protecting victims’ rights when it kept Epstein’s plea deal secret from his accusers. “It was inconceiva­ble that he continued in his post, such a high-level post, when as

U.S. attorney he failed to follow the rules.”

Mucarsel-Powell attributed Acosta’s resignatio­n to a change in American culture.

“There’s a lot of arrogance around the men surroundin­g the president and his appointees,” she said. “They think they can get away with it but we are still living in the United States of America where no one is above the law and the pressure was such that he realized that he was not going to be able to remain in that position.”

Trump on Friday dismissed the controvers­y surroundin­g the Epstein deal, which he said “people were happy with” 12 years ago. As he had all week, Trump praised Acosta for his performanc­e as labor secretary. After Acosta’s defiant press conference on Wednesday, during which he argued that he had been a champion for Epstein’s victims, Trump Chief of Staff Mick Mulvaney said the Cabinet member had explained himself well.

David O. Markus, a Miami defense attorney and Democrat, believes Acosta’s affiliatio­n with Trump was a greater problem for Acosta than his handling of the Epstein case.

“If he was still a lawschool dean, there wouldn’t have been an angry mob directed at him,” Markus said.

But even now, a dozen years after Epstein’s plea deal, the ramificati­ons of the arrangemen­t seem to be just beginning.

In a motion Thursday seeking Epstein’s release from jail while awaiting trial, defense attorneys argued that his South Florida plea deal immunized him from much of the case brought by the Southern District of New York. Meanwhile, it’s possible that a profession­al-misconduct investigat­ion by the Department of Justice could find that other members of the federal law-enforcemen­t agency oversaw or signed off on Epstein’s plea deal.

Sen. Ben Sasse, the Nebraska Republican whose demands led to the federal probe, said Friday that “this isn’t over until … the Department of Justice never again agrees to any settlement this indifferen­t to child rape.”

Details of new allegation­s also continue to trickle out as Epstein prepares for his bond hearing Monday in New York. Prosecutor­s say they found a collection of what appeared to be hundreds or thousands of nude photos of underage women when they executed a search warrant on his Manhattan residence after his arrest. And they believe there might be hundreds of victims abused by Epstein, who has several homes on the mainland U.S. and in Paris and a private island in the U.S. Virgin Islands.

On Friday, prosecutor­s in New York alleged that in the days following the Miami Herald’s publicatio­n of the Perversion of Justice series, Epstein made wire transfers of $100,000 and $250,000 to alleged coconspira­tors to whom immunity was granted as part of Epstein’s South Florida plea deal. Prosecutor­s say the transfers suggest Epstein was trying to buy off people “who might provide informatio­n against him.”

Trump continued to face questions Friday about his own relationsh­ip with his former neighbor, who traveled abroad with former President Bill Clinton and whose Palm Beach mansion was located a short distance from the current president’s private club. Before shaking Acosta’s hand Friday outside the White House and boarding Marine One, Trump confirmed a story that he had banned Epstein in the early 2000s from Mar-a-Lago after the two had a falling out.

“I didn’t want anything to do with him. That was many, many years ago,” Trump told reporters. “Other people, they went all over with him. They went to his island. They went all over the place. He was very well-known in Palm Beach. His island, whatever his island was, wherever it is, I was never there.”

McClatchy DC reporter Michael Wilner contribute­d to this report.

 ?? MARK WILSON Getty Images ?? President Donald Trump, with Labor Secretary Alex Acosta on Friday at the White House, dismissed the controvers­y surroundin­g the Jeffrey Epstein deal, which he said ‘people were happy with’ 12 years ago. More, 10A
MARK WILSON Getty Images President Donald Trump, with Labor Secretary Alex Acosta on Friday at the White House, dismissed the controvers­y surroundin­g the Jeffrey Epstein deal, which he said ‘people were happy with’ 12 years ago. More, 10A
 ?? ANDREW HARNIK AP ?? Labor Secretary Alex Acosta, left, walks back into the White House as President Donald Trump speaks to reporters in Washington on Friday.
ANDREW HARNIK AP Labor Secretary Alex Acosta, left, walks back into the White House as President Donald Trump speaks to reporters in Washington on Friday.

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