The Department of Justice has consistently argued that the controversial 2007–2008 Epstein non-prosecution agreement did not violate the Crime Victims’ Rights Act because, in its view, the CVRA’s protections did not attach until formal federal charges were filed. DOJ lawyers maintained that during the pre-charge negotiation phase, federal prosecutors were operating within their lawful discretion to decline prosecution and enter into a resolution without notifying potential victims. According to this position, because Epstein was never federally charged at the time the agreement was reached, the government contended there were no legally recognized “crime victims” under the CVRA to notify, consult, or confer with during the negotiations.
The government further argued that the plea deal itself was a lawful exercise of prosecutorial authority designed to secure accountability through a state-level conviction while conserving federal resources and avoiding litigation risks. DOJ filings emphasized that the CVRA was not intended to regulate prosecutorial decision-making before charges are brought, nor to force prosecutors to disclose or negotiate plea discussions with potential victims in advance. In short, the DOJ’s defense rests on a narrow interpretation of when victims’ rights legally begin, asserting that while the outcome may have been deeply troubling, it did not constitute a statutory violation under the government’s reading of federal law.
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