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Congress’ Epstein probe raises a thorny question: Who counts as a victim?

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Nearly a year after the launch of the House Oversight Committee’s Jeffrey Epstein investigation, lawmakers are now wading into a thorny debate over whether certain women in Epstein’s orbit should be considered co-conspirators or victims.

The Republican-led panel, eager to haul in witnesses who can shed new light on the convicted sex offender’s crimes, appears to have taken a side in recently asking Sarah Kellen — a top assistant to the late, disgraced financier — to sit for a transcribed interview on May 21.

Kellen was one of four women named as possible co-conspirators in the now-controversial 2007 agreement with Florida federal prosecutors that granted all of them immunity, while also allowing Epstein to spend minimal time in a county jail rather than face federal sex-trafficking charges.

“There is a list of four alleged victims that took plea deals that I think are co-conspirators and got let off the hook,” Rep. Anna Paulina Luna (R-Fla.), a member of the Oversight Committee, said recently. “And I’d like to bring them in.”

“If you’re an adult female and you’re recruiting underage girls, you’re not a victim. You’re a prostitute, a child predator, and a sex trafficker,” said Rep. Nancy Mace (R-S.C.), another committee member, in an interview. “Certainly the adult women that were recruiting underage girls should go to jail.”

But few of Epstein’s former associates have proven as fraught a subject for federal prosecutors as Kellen. In the immediate aftermath of Epstein’s suicide while awaiting trial on sex-trafficking charges in 2019, federal officials grappled with the question of whether to prosecute Kellen, according to two people familiar with the matter as well as documents released in the Epstein files.

The files show that Manhattan prosecutors discussed a possible witness tampering charge for Kellen and that they submitted a prosecution memo concerning her to then-U.S. Attorney Geoffrey Berman. But Kellen argued that she was a victim, according to the files and people familiar with the deliberations, who like others were granted anonymity to share private conversations. Prosecutors opted not to bring a case against her.

A lawyer for Kellen did not respond to a request for comment for this story.

House Oversight Chair James Comer (R-Ky.) said in an interview that several GOP women on his committee were eager to have Kellen testify and he has deferred to them in deciding which women should be invited to give statements in the Epstein probe. But while some members of Congress support the decision to bring in Kellen, others are also signaling they, too, recognize the complicated dynamics of questioning a woman who claims to have been sexually abused.

“For folks who are not trauma-informed, and folks who don’t understand this world, I think it can be an easy ‘yes, we should charge this woman,’” said Rep. Lateefah Simon (D-Calif.), who sits on the panel and previously worked in the San Francisco District Attorney’s office. “It’s a conversation that should be taken seriously.”

Simon added that she has been providing committee staff with “resources [on] how we look at how we treat and support survivors while they’re coming here, how to look at women who historically have been in these situations.”

At the same time, the committee is under increasing pressure to surface new information after the Justice Department’s haphazard release of the Epstein files — and as law enforcement in the United Kingdom has seized opportunities to arrest Epstein associates in contrast to the U.S.’ continued finger-wagging.

In the interview last month, Comer blamed the committee’s lack of progress, in part, on disagreements about who is and isn’t an Epstein victim.

“That is honestly one of the reasons why there’s been issues getting documents — [DOJ] released documents, and some of the victims say, ‘oh my gosh, you didn’t redact the names’ … Well, they were victimizers too,” Comer said. “Like they recruited other girls to come in. But they, I do believe, were victimized. This is a tough issue.”

Kellen had been accused in numerous civil lawsuits of scheduling young girls to give Epstein massages, with one lawsuit dubbing her “the lieutenant.” In Palm Beach, where police investigated Epstein, girls told detectives that Kellen would prepare rooms for the massages, laying out tables and lotions intended for their use.

But when prosecutors were mulling charges, Kellen’s attorneys argued that their client was abused, writing that “given the fact that we see her basically as a cog in Epstein’s wheel, acting entirely at his direction and doing what she did at a time that she herself was a very vulnerable victim, a [non-prosecution agreement] would be the appropriate disposition.”

In an interview with The Sun published around the period in 2020 in which her lawyers were attempting to fend off potential charges, Kellen also described herself as a “victim,” saying that she was “raped and abused weekly.”

During the sentencing in 2022 of Epstein’s only convicted co-conspirator, Ghislaine Maxwell, U.S. District Judge Alison Nathan described Kellen as “a knowing participant in the criminal conspiracy.”

Lauren Hersh, a former sex-trafficking prosecutor in Brooklyn who is now the CEO of World Without Exploitation — a coalition combating human trafficking and sexual exploitation — said situations like Kellen’s are “really common.” The Oversight panel, she suggested, would be better served by focusing on those who could not conceivably be considered a victim of Epstein instead of trickier cases like Kellen’s.

“There are a lot of people where it’s absolutely clear-cut they should be brought in,” Hersh said of Epstein’s associates. “So let’s start there.”

Rep. Thomas Massie (R-Ky.), one of the GOP’s most vocal proponents of Congress using all available tools to bring Epstein’s co-conspirators to account, had a similar perspective.

Asked how one could determine whether someone like Kellen is a victim or a perpetrator, Massie said, “I don’t think you’re gonna figure that out in the forum that the Oversight Committee has. I think you need to have an investigation with discovery and presentation, adversarial presentation of facts in a courtroom to decide that — matters of guilt or innocence.”

Some members of the Oversight Committee who worked as, or with, prosecutors prior to serving in Congress also cautioned it was important to tread carefully.

“I’ve prosecuted cases where someone has been a victim and has also been charged with a crime, and that’s something that in the due course of justice — a court or jury can determine. Those types of factors can be considered,” said Rep. Wesley Bell (D-Mo.), a former St. Louis County prosecuting attorney.

But, he added, “given the circumstances at this point in time, anyone connected with the investigation should be called in.”

Other lawmakers defended the panel’s decision to call in Kellen. Rep. Melanie Stansbury (D-N.M.), a member of the Oversight Committee, said that since the committee’s ultimate goal was to support future trials of co-conspirators and build an evidentiary basis, it made sense to interview Kellen.

“Folks like Sarah Kellen were complicit in crimes,” Stansbury said. “Were they also victimized by Jeffrey Epstein? It’s very likely that was his pattern of abuse. But does that absolve them from culpability in this case? I think it depends on the specifics and the individual, and that’s why DOJ’s investigation and investigation and prosecution of these individuals is really important.”

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Secret Service chief to brief senators

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Secret Service Director Sean Curran will attend the Senate GOP lunch Tuesday, according to two people granted anonymity to share details about the closed-door gathering.

The private meeting comes as Senate Republicans consider whether to provide $1 billion in new Secret Service funding that could be used for parts of President Donald Trump’s White House ballroom project as part of a party-line immigration enforcement bill.

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Capitol agenda: House vs. Senate rift threatens GOP agenda

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Tensions between House and Senate Republicans are threatening the GOP’s legislative agenda ahead of the midterms.

The two chambers come back to Capitol Hill this week with a list of legislative priorities they have failed to reach consensus on — and a shrinking time frame to get it done.

Who is at fault for the standoff depends on who you ask.

“We control Washington. When … we don’t get things done, we’re making a huge mistake,” Sen. Thom Tillis said about his House counterparts. “We’ve got to deliver.”

“The House is doing its job,” Rep. Chip Roy said. “Sometimes it gets a little tense, but we’re still getting stuff done. We’re sending it over to the Senate, so we look forward to them doing their job.”

Republicans did get a few wins before the brief recess: The House passed a Senate bill to fund everything in DHS except immigration enforcement after a record-setting 76 day shutdown of the department. Johnson had initially called the bill a “crap sandwich.”

The House and Senate also managed to get on the same page about a budget blueprint for a party-line spending bill President Donald Trump wants on his desk by June 1. Congress is likely to spend most of May focusing on that deadline — especially after the Senate’s proposal included $1 billion in security funding that can be used for at least parts of Trump’s proposed White House ballroom, a project voters have shown little support for.

But other fights are coming up quickly.

Republicans bought themselves through mid-June to figure out a plan on a key government spy power reauthorization that now includes a central bank digital currency provision, which is dead-on-arrival in the Senate.

A ban on CBDC is also a key hang-up in dueling housing affordability proposals between the House and Senate, among other differences between the chambers’ plans (more on this below).

It’s a key frustration for Senate Republicans, who believe getting a housing bill to Trump’s desk would be an easy way to show voters the party is responsive to their affordability anxieties.

“Conversations continue,” House Financial Services Chair French Hill said before the recess. “We just are looking for the path to get a bicameral bill.”

What else we’re watching: 

—GOP’s VIRGINIA WIN MAY MUDDLE BALLROOM TALKS: Republicans’ redistricting win in Virginia might translate into some immediate new headaches for Speaker Mike Johnson’s legislating agenda and Trump’s ballroom security plans. The state Supreme Court’s Friday decision to overturn Democrats’ redrawn maps boosts the GOP’s outlook to hold onto more seats in November’s midterms. But senior House Republicans are concerned those Virginia Republicans with a new lease on life in Congress could present challenges for the GOP’s latest party-line spending plans, four people with knowledge of the conversations told Blue Light News. Johnson must convince those members facing highly competitive races to support the reconciliation bill and pass it by Trump’s June 1 deadline. That may not be easy given a highly debated proposal setting aside $1 billion that may be spent on the White House’s ballroom security.

— HOUSING BILL’S WALL STREET PROVISIONS IN FLUX: House GOP lawmakers have drafted amended housing legislation that would reel in efforts by the Senate to limit the role of Wall Street in housing, according to text obtained by Blue Light News. It strips a much-debated Senate provision requiring single-family homes built by large institutional investors as long-term rentals be sold after seven years to individual homebuyers — which is where much of the House opposition has been focused.

Jordain Carney, Meredith Lee Hill and Katherine Hapgood contributed to this report.

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Inside the House vs. Senate rifts threatening the GOP agenda

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Republicans have a major obstacle to clear if they are going to avoid a legislative pileup in the months before the midterms: each other.

Intraparty tensions between House and Senate Republicans have boiled over in recent weeks. It has spilled into public view in the form of finger-pointing, shade-throwing and warnings that Republicans either need to figure out how to play nice or risk paying a price in what is already shaping up to be a rough election year.

“We control Washington. When … we don’t get things done, we’re making a huge mistake,” Sen. Thom Tillis (R-N.C.) said about his House counterparts. “We’ve got to deliver.”

Rep. Tom Cole (R-Okla.) also lamented the recent divisions within the GOP’s ranks: “You can either be part of a functional majority and get almost everything or you can hold out and get nothing and be in the minority next time.”

“I guess we can all vote ‘no’ together — that’ll be exciting,” the House Appropriations chair added.

Republicans managed to resolve one long and particularly nasty disagreement late last month when Speaker Mike Johnson and his conference finally approved a Senate-passed Department of Homeland Security funding bill he previously had described as a “crap sandwich.”

But the two chambers return to session Monday after a short recess with Republicans at odds on everything from housing to a soon-to-expire surveillance law to a long-shot election proposal. And they are facing a shrinking window to either get on the same page or leave much of their legislative agenda stuck in limbo as Republicans prepare to spend more time back home campaigning.

Who is at fault? The answer mostly depends on which side of the building the question is asked.

Some Senate Republicans have started to doubt that the House will be able to pass much of anything for the rest of the year. Their exasperation was fueled watching the DHS and surveillance bills languish last month as rank-and-file House GOP lawmakers went to war with each other — and with Johnson.

And while the House Republicans spent much of the past month fighting amongst themselves, senior members of the conference are trying to channel some of the rank-and-file anger at the Senate, rather than at Johnson, who fights day-to-day to control his tiny majority. A growing chorus of House GOP lawmakers also want the Senate to eliminate the filibuster — something Republicans don’t have the votes to do — and have otherwise kvetched about their perception that senators have cut them out of big decisions over the past year.

“The House is doing its job,” Rep. Chip Roy (R-Texas) said. “Sometimes it gets a little tense, but we’re still getting stuff done. We’re sending it over to the Senate, so we look forward to them doing their job.”

Cole, no one’s idea of an ideological rabble-rouser, also accused Senate GOP leaders of not coordinating enough with Johnson. The tensions, he said, have been “created by bad management in Senate leadership and by not being transparent and open with us in the House.”

Interchamber sniping is a perennial fact of life in Washington. Due to its 60-vote filibuster rule, the Senate requires a modicum of bipartisanship to do most legislating, while the majoritarian House does not. Democrats faced similar divides when they had a trifecta government under former President Joe Biden — complete with rampant calls to eliminate the filibuster and a failed attempt to make a carve-out for voting rights legislation.

Under the GOP trifecta, Johnson and Senate Majority Leader John Thune meet regularly to coordinate the Republican agenda, with their staffers also keeping in close touch. But recent weeks have tested their relationship.

Johnson has occasionally joined ultraconservatives in trashing Senate bills, while the typically mild-mannered Thune, in turn, delivered increasingly blunt assessments of the House’s decision to sit on the DHS funding bill. However, when the House ultimately passed it by voice vote — the same way the Senate did weeks earlier — Thune declined to rub it in Johnson’s face.

“He has to do what he has to do, I know that, and he knows the kind of the challenges we face over here,” Thune said about Johnson. “He needs every Republican and that’s a real challenge on a good day, and sometimes there aren’t a lot of good days around here.”

Johnson acknowledged “emotion” and “frustration” within his own conference but downplayed the drama, attributing it to a “cumbersome” legislative process in comments to reporters.

The GOP’s most pressing task is meeting President Donald Trump’s self-imposed June 1 deadline to get an immigration enforcement funding bill to his desk. House and Senate Republicans, after weeks of jockeying, managed to sign off on the same budget blueprint, a key prerequisite.

But they now need to navigate a political firestorm after Senate Republicans released draft legislation last week that included $1 billion in Secret Service security funding that can be used for at least parts of Trump’s proposed White House ballroom. Some GOP lawmakers and aides have privately lamented the inclusion of funding for a project voters have shown little support for and are questioning whether the provision should be removed.

Even the bigger intraparty fights could be coming.

Republicans bought themselves until mid-June to figure out how to extend the hot-button spy authority known as Section 702. The House passed a three-year extension of the surveillance law last month but married it to a permanent ban on a Federal Reserve digital currency that is DOA in the Senate.

Negotiations are ongoing over how to extend Section 702, which is aimed at foreigners abroad but has the ability to sweep in communications with Americans. But House hard-liners, with support from some GOP senators, are doubling down.

“The Senate is going to have to address the central bank digital currency,” Rep. Eric Burlison (R-Mo.) said. “I think the public is going to demand it.”

Burlison warned Republicans to start negotiating early and that if they “want to push it all the way to the end like they did these last two times, they’re going to get the same result.”

The digital currency provision is also implicated in another intra-GOP standoff, this one over housing legislation. The Senate passed a five-year ban on a government-backed digital currency as part of a bipartisan housing package it passed last year, but that bill is now stalled in the House.

That has frustrated Senate Republicans, who believe getting a housing bill to Trump’s desk would be an easy way to show voters that the party is responsive to their affordability anxieties.

“It’s being held up by one or two members of Congress, and I respect their opinion, but I’d like to see the president call them up and say, ‘Hey guys, what’s the problem here?’” said Sen. John Kennedy (R-La.).

Trump has in fact considered getting involved — but not to urge the House to pass the Senate bill as-is. Instead, he has privately raised objections to some provisions in the Senate-passed version that would place curbs on corporate ownership of some single-family homes.

While they wait for Trump to go public with his concerns, House GOP leaders have made clear the Senate bill won’t pass their chamber, and they’re now working through a plan to amend the contentious parts of the Senate product and send it back.

“Conversations continue,” House Financial Services Chair French Hill (R-Ark.) said before the recess. “We just are looking for the path to get a bicameral bill.”

But “bicameral” is an especially loaded word right now, given the ongoing GOP sniping that reached a crescendo during the DHS funding drama.

House Majority Whip Tom Emmer unloaded on the Senate after Republicans there left out immigration enforcement funding that Democrats fiercely opposed.

“This is what Americans get so upset with about politicians. This is literally what they’re mad about,” he said. “These guys won’t do their jobs.”

Andres Picon contributed to this report.

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