Case 9:08-cv-80736-KAM Document 361-53 Entered on FLSD Docket 02/10/2016 Page 1 of 4

Case 9:08-cv-80736-KAM Document 361-53 Entered on FLSD Docket 02/10/2016 Page 1 of 4 EXHIBIT 53 EFTA00081315 (c./A§g 91tEt-cytdclaktMnsDocument 361-53 Entered on FLSD Docket 02/10/2016 21 °c~f41 Gm it Re: JE negotiations 1 message Sun, Sep 16, 2007 at 11:41 AM To: Jay Lefkowitz <JLefkowitz@kirkland.com> Hi Jay -- I looked up some 11th Circuit cases on simple assault and found some good language. I also learned that, every moment that one is aboard an enclosed civil airplane, they are in the "special aircraft jurisdiction of the United States," so the assault charge is really a violation of 49 USC 46506, which doesn't change the penalties. I have drafted up a factual proffer that I would use at the change of plea based upon our brief conversation and the agents' interaction with 'at her home. The agents and I would need to speak with Ms. briefly to confirm that these facts are true. Feel free to make suggestions. On an "avoid the press" note, I believe that Mr. Eps