IN MEMORIAM: JEFFREY EPSTEIN

The suicide death of Jeffrey Epstein disappointingly brought out the worst in our criminal defense brethren.  Social media was full of “good riddance” posts. We expect that from the unenlightened, uneducated deplorables who sit around swilling beer, scratching, and cursing life’s unfairness. Also from Republicans.

But we do not expect such expressions from dedicated criminal defense attorneys. So we rise, once again, pushing, pulling, prodding and treading where only the brave dare perambulate. 


We wonder whether Epstein's death will highlight the deplorable conditions  the government holds  defendants pre-trial. Mr. Epstein literally could not survive his incarceration while awaiting trial. How could he and his lawyers be expected to prepare for trial? 

Most federal cases are extensively investigated before indictment, generating tens of thousands of documents. It’s nearly impossible to master these docs in the comforts of a penthouse office (some atop garages across from federal court). It is nearly impossible to discern the key to freedom cleverly tucked  into  the pile of refuse, whilst confined in jail.

But we have bigger fish to filet. 


Mr. Epstein unrepentantly supported his belief in sex with young women, many still juveniles. He was recently quoted in a newspaper interview from a year ago comparing such laws to prior prohibitions on sodomy and same sex relationships.

Mr. Epstein’s views were repugnant, ill-advised, selfish, self-deluding, harmful to others, and downright wrong. He was by all accounts a sexual predator who used his wealth to prey on vulnerable young girls. That is why he needed strong, hard, unbending defense, in life and in death. To defend Jeffrey Epstein is to defend an Al Qaeda Jihadist,  Nazis who want to march in Skokie. Illinois,  and all those who hold views that the majority deem repugnant.

Who could defend enemy occupying soldiers wrongfully killing Americans on American soil? John Adams, future president of the United States. 


Our strength is not in the easy cases. The Constitution is built on the steel girders of the hard cases; the defense of the un-defendable- the Jeffrey Epsteins of the world. The Constitution is strongest when turned loose to defend those accused of the darkest of deeds.


All criminal defense attorneys proudly recall the first “how can you defend that person?” moment at a family meal or a party. And yet, when Mr. Epstein killed himself in despair, criminal defense attorneys from across the United States piled on, trashing Epstein, celebrating his death, murmuring conspiracy theories. 


Epstein’s death is a missed opportunity. We have a chance to highlight to the world the horrific conditions under which our clients are incarcerated. Federal detention centers are designed to force pleas.  The abatoir system of indictment and pleas undermine our most cherished and important right- to force the government to prove its case. We already labour under the (wink*wink) no trial tax system, where prosecutors in the blink of a “no” go from recommending one year to twenty, and judges follow along, trying to keep a straight face while denying that the defendant was punished for going to trial and losing. 

And yet in the face of this trial tax, a few brave souls solider on, forcing the government to trial, fighting for their client, and often winning. But sometimes the unbearable burden of pre-trial incarceration proves to be too much. 


Inhumane pre-trial incarceration is the real lesson of Jeffrey Epstein’s suicide. The #metoo movement has nothing to do with how this case ended. All victims have the right to be heard, listened to, respected, and believed when the evidence is credible. And this includes the victims of incarceration in the Gulag United States. 


No one else is brave enough to say this, so we will: rest in peace Mr. Epstein, the legal system failed you. The government has your blood on its hands, and we are sorry.