Federal prosecutors in New York have formally requested to speak with Prince Andrew as part of their criminal investigation into convicted sex offender Jeffrey Epstein.
The request, made through the British government under a Mutual Legal Assistance Treaty, or MLAT, is similar to a subpoena in this case for Prince Andrew’s testimony.
Officials say that it’s an extraordinary move to seek an interview like this through MLAT, and it’s focused on making sure the investigation is as thorough as possible.
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U.S. Attorney Geoffrey Berman foreshadowed the move by the U.S. prosecutors in March when he said he would consider legal action after Prince Andrew’s representatives had closed the door to an interview. When considering its options at the time, Berman said:
“Contrary to Prince Andrew’s very public offer to cooperate with our investigation into Epstein’s co-conspirators, an offer that was conveyed via press release, Prince Andrew has now completely shut the door on voluntary cooperation.”
On Monday, Prince Andrew’s lawyers responded, saying that they offered his help as a witness on at least three occasions this year.
The prince’s legal team, Clare Montgomery QC and Stephen Ferguson of Blackfords LLP, claimed that the DOJ reacted to the first two offers of assistance by breaching its own confidentiality rules and claiming that Prince Andrew has offered zero cooperation, saying in a statement:
“In doing so, they are perhaps seeking publicity rather than accepting the assistance proffered.”
The lawyers said the first time the DOJ requested Prince Andrew’s help was on Jan. 2 this year. Still, due to confidentiality considerations, they have chosen not to make any public statement regarding their discussions with the Department of Justice until now.
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Nicholas Biase, a spokesperson for the U.S. Attorney’s Office for the Southern District of New York, said on Monday that the office would decline to comment.
The prince’s legal team said Monday that Berman’s comments were inaccurate, and he should not have made them. Their statement said:
“Far from our client acting above the law, as has been implied by press briefings in the U.S., he is being treated by a lower standard than might reasonably be expected for any other citizen.”
In a widely criticized interview with the BBC in the fall, Andrew, 60, denied allegations that he had sex with Virginia Roberts Giuffre. She says she was trafficked by Epstein when she was 17 and told to have sexual relations with the prince. Despite a widely circulated photo showing the two had met, Andrew said that he had no recollection of having met her. He stated he was at a pizza restaurant with his daughter on the day in 2001 that Giuffre alleges they had the sexual encounter.
After the interview, Prince Andrew stepped down from his public duties, saying in a statement released at the time that he was willing to help “any appropriate law enforcement agency with their investigations if required.”
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For months, federal investigators have been attempting to speak with the Duke of York, a longtime friend of Epstein’s who has been accused by one woman of sexual abuse.
Buckingham Palace declined to comment on the request from U.S. prosecutors to speak with Prince Andrew. A spokesperson for U.K.’s Home Office said it could neither confirm nor deny the existence of mutual legal assistance requests.
Epstein, 66, died by suicide in August while awaiting trial on sex trafficking charges. Prosecutors accused the politically connected financier of preying on dozens of underage girls in New York and Florida in the early 2000s.
Following Epstein’s death, prosecutors vowed to continue the investigation. The case brought renewed attention to several high-profile people in Epstein’s circle, including Queen Elizabeth II’s son, Andrew.
