The Prosecutors: Acosta, Comey & the System That Failed

A System of Failures

The Epstein case represents one of the most significant prosecutorial failures in modern American history. Over 14 years, multiple prosecutors at the federal and state level had opportunities to bring Epstein to full accountability — and each time, the system failed.

The Palm Beach State Attorney

Barry Krischer (2005-2006)

The first failure occurred at the state level, according to the Palm Beach Police investigation and the Miami Herald:

• Palm Beach police presented evidence against Epstein involving over 40 potential victims
• State Attorney Barry Krischer's office initially pursued the case but moved to charge Epstein with a single minor offense
• The Palm Beach Police chief took the extraordinary step of writing to Krischer to protest the downgrading of charges
• Frustrated by the state response, police referred the case to the FBI

A grand jury convened by Krischer's office returned only a single charge of soliciting prostitution — not a sex crime against a minor, despite the evidence gathered by police.

The Federal NPA

Alexander Acosta (2007-2008)

As U.S. Attorney for the Southern District of Florida, Alexander Acosta's office negotiated the Non-Prosecution Agreement that became the central failure of the case, according to the DOJ OPR review and court records:

What the NPA did:

• Dropped all federal charges against Epstein
• Granted blanket immunity to unnamed "potential co-conspirators"
• Required Epstein to plead only to state charges of soliciting prostitution
• Resulted in an 18-month county jail sentence with work release
• Was kept secret from victims, violating the CVRA

Acosta's defense:

• He argued that the case faced evidentiary challenges at trial
• He claimed the NPA was a "good deal" given the strength of the defense team
• He pointed to the sex offender registration requirement as a meaningful consequence

The OPR finding:

• The DOJ's Office of Professional Responsibility concluded in 2020 that Acosta's office exercised "poor judgment"
• However, the OPR did not find professional misconduct
• The review took over two years to complete
• Critics described the finding as inadequate given the severity of the consequences

The Defense Team Factor

Epstein's legal team was extraordinary in its resources and connections:

• Alan Dershowitz — Harvard Law professor and constitutional scholar
• Kenneth Starr — Former Solicitor General and Whitewater independent counsel
• Jay Lefkowitz — Former Special Envoy and White House counsel
• The defense team's access to high-level DOJ officials has been documented in court records

The CVRA Ruling

Judge Kenneth Marra (February 2019)

In a ruling that came over a decade after the NPA, Judge Marra found that the agreement violated federal law:

• The Crime Victims' Rights Act required prosecutors to consult with identified victims before entering the plea deal
• Acosta's office deliberately concealed the NPA from victims
• The ruling described the prosecutors' conduct as a violation of victims' statutory rights
• Despite the ruling, the NPA remained in effect — the court did not have the power to rescind it

The SDNY Prosecution

Geoffrey Berman (2019)

When the Southern District of New York brought new federal charges in July 2019, it represented a new chapter:

• The SDNY operated independently from the Southern District of Florida
• The new indictment covered conduct from 2002-2005
• Prosecutors emphasized that the NPA did not apply to the SDNY
• The arrest demonstrated that aggressive prosecution had always been possible

The Prosecution That Never Happened

Epstein's death on August 10, 2019, prevented the trial from proceeding. The case was dismissed posthumously. The prosecution of Ghislaine Maxwell, which resulted in her conviction and 20-year sentence, represented a partial — but incomplete — measure of accountability.

The 2026 Reckoning

The Epstein Files Transparency Act and the DOJ Library release have enabled new scrutiny of prosecutorial decisions:

• AG Bondi described the 2007 NPA as a "profound failure" in her February 2026 testimony
• The released files include internal communications about prosecutorial decision-making
• Congressional investigators are examining whether political influence affected the NPA
• The Transparency Act was explicitly designed to prevent future concealment of case materials

What the Failures Reveal

The prosecutorial failures in the Epstein case were not the result of a single bad actor. They reflect systemic problems:

1. Resource asymmetry — Epstein's defense resources vastly outmatched government prosecution resources
2. Political access — Epstein's legal team had direct access to senior DOJ officials
3. Victim marginalization — Prosecutors prioritized case management over victim rights
4. Institutional inertia — Once the NPA was in place, the system resisted revisiting the decision
5. Jurisdictional gaps — The NPA exploited the boundary between federal and state jurisdiction

Primary Sources

1. DOJ OPR Review — justice.gov/opr
2. Miami Herald, "Perversion of Justice" — miamiherald.com
3. DOJ, Epstein charges — justice.gov
4. CVRA ruling — CourtListener

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For the full story, see the 14-year investigation timeline and the Transparency Act. Explore the case timeline or browse the document library.