The arrest of Andrew Mountbatten Windsor and Lord Peter Mandelson shows that UK law enforcement is taking revelations from the Epstein files seriously. Neither has been charged with a criminal offence yet. The challenge for the prosecution challenge will be proving that the sharing of information wasn’t just a lapse in judgment, but a willful and serious abuse of their positions for the benefit of a private individual (Epstein).
The US legal response however has been largely static. The US Department of Justice has indicated that no new criminal prosecutions are likely. The reasons are that
- the window for federal prosecution has expired (statutes of limitations)
- proof of specific acts is harder than the broader “abuse of trust” standard used in the UK
- the 2008 non-prosecution agreement complicates efforts to charge individuals
With regards to President Trump, a Supreme Court ruling makes it nearly impossible to prosecute a President for “official acts”. The court prohibits looking into a President’s motives for official actions. The kind of “misconduct” charges being seen in London are essentially legally blocked in Washington.
The UK is using a broad, old law to pursue the misuse of government status, while the US is sticking to a strict statutory interpretation that, so far, has resulted in zero new arrests of the “Epstein class.”
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