Question
What role did Alexander Acosta play in the Epstein non-prosecution agreement?
Answer
Alexander Acosta served as the U.S. Attorney for the Southern District of Florida from 2005 to 2009 and personally approved the non-prosecution agreement negotiated with Epstein’s defense team — the deal that allowed Epstein to plead guilty to state charges while avoiding federal prosecution.
Acosta’s approval was the critical decision point. The federal investigation assembled by the FBI had documented what investigators believed was evidence of a significant trafficking operation warranting serious federal charges. Acosta’s decision to instead defer to state prosecution — and to negotiate the sweeping NPA — was the outcome that gave Epstein and named co-conspirators immunity from federal charges.
In 2017, Acosta was nominated by President Trump as Secretary of Labor and confirmed. The Miami Herald’s 2018 investigation renewed scrutiny of his role in the NPA. In July 2019, days after Epstein’s federal arrest, Acosta called a press conference to defend his 2008 decisions, arguing he had made the best decision possible given the circumstances and characterizing the state plea as better than potentially losing a federal trial.
The defense was poorly received. Critics, including members of Congress, called it inadequate. Acosta resigned as Labor Secretary on July 19, 2019, nine days after Epstein’s arrest.
A Department of Justice Office of Professional Responsibility investigation into Acosta’s handling of the NPA was underway but was not completed before his resignation; its final disposition was not publicly resolved.
Sources
- Miami Herald “Perversion of Justice” investigation, 2018
- Acosta’s July 2019 press conference transcript
- DOJ OPR investigation into NPA handling, 2019