Embattled Labor Secretary Alexander Acosta defended his handling of the prosecution of Jeffrey Epstein for sex crimes as a decision that protected the victims in the case because it allowed them to avoid a trial where they could be cross-examined by the defense’s lawyers.
Acosta’s handling of the case a decade ago as a U.S. attorney, which resulted in Epstein pleading guilty to two prostitution charges and serve just 13 months in country jail, has prompted several lawmakers to call for his resignation, as Epstein has faced new indictments.
Acosta argued he spared the victims a lot of grief and ensured that Epstein would serve time and be forced to register as a sex offender. He said that Epstein had forced the victims to work in prostitution rings and they would have been in a position to seek money through civil judgments if he was convicted, a prospect that the defense could have used to impeach the victims’ credibility.
“Some of the victims didn’t want any public notoriety,” Acosta told reporters at a press conference. He conceded that other victims were interested in testifying, but said that he had to weigh that against those who didn’t. “These are really hard cases. The prosecutors in my office and I were focused on putting him in jail … Today, that would proceed very differently because victim-shaming is just not accepted but the circumstances of trials and what juries would consider 12 years ago was different,” he said. “So these were the judgments that were made.”
“I understand that individuals will look at these judgments and say: ‘Well, maybe a different judgment should have been made.’ You can always look at a play after the fact and say, ‘Should it have been the safe play or should you have gone for big score?'” he said.
Acosta also disputed that he agreed to a deal that allowed Epstein to serve 13 months in county jail, which had been a common criticism. “The expectation was that it would be an 18-month sentence and that it would be served in jail,” Acosta said. That didn’t turn out to be the case because it was a state plea before a state court, he said, and not the outcome he wanted.
“The outrage is entirely appropriate,” he said.
He said he had no plans to resign his office and had no expectation that President Trump would demand that he do so but added, “If at some point the president decides I am not the best person for the job, I will step aside. That is his decision.”
Trump expressed sympathy for Acosta Tuesday, but said the White House was still looking into the matter. “I feel very badly, actually for Secretary Acosta because I’ve known him as being someone who works so hard, done such a good job,” he said. “I feel badly about that whole situation. But we’re going to be looking at that and looking at it very closely.”
Acosta said he had been aggressive in prosecution of sex trafficking both in his time at the the Justice Department and as Labor Secretary. “We stepped in, in this case, and stopped a bad plea,” he said.
The Justice Department Office of Professional Responsibility opened a investigation in the case in February at the urging of Democratic lawmakers. A Justice Department spokesman told the Washington Examiner the investigation is ongoing. Acosta said he would cooperate fully and had faith that it would find he acted appropriately.
Asked if he had any regrets in the case, he replied, “No regrets is a very hard question.”
On Monday, Epstein was again indicted on sex trafficking charges, which drew fresh attention to the prior prosecution. Victims in the case have said Acosta cut the deal without consulting with them first. The Justice Department announced in February that it would investigate whether the plea deal violated the Crime Victim’s Rights Act, which requires victims be notified. That investigation is ongoing. The same month, a federal judge ruled that Acosta’s plea deal violated the act. Congressional Democrats have grilled him on it during appearances on Capitol Hill.
Numerous lawmakers have called for him to resign. Sen. Catherine Cortez Masto, a Democrat from Nevada, has accused him of “a blatant disregard for the child victims of Mr. Epstein.”
