Berman's statement comes after Prince Andrew's legal team claimed that he "on at least three occasions this year offered his assistance as a witness to the DOJ."
Moreover, his legal team alleged, "Unfortunately, the DOJ has reacted to the first two offers by breaching their own confidentiality rules and claiming that the Duke has offered zero cooperation. In doing so, they are perhaps seeking publicity rather than accepting the assistance proffered."
However, NBC News reported Monday that the U.S. government is now formally requesting the British government's assistance in coordinating an interview with the Duke of York. A source told the outlet that federal authorities are requesting access to the Duke through the Mutual Legal Assistance Treaty, a legal route that is similar to a subpoena.
According to Prince Andrew's legal team, he is "not and has never been a ‘target' of their criminal investigations into Epstein." They also said that the DOJ has previously stated that his participation would be "voluntary."
The prince is accused of having sexual relations with a then-17-year-old Virginia Roberts Giuffre, who claimed she was sex trafficked by Epstein and his former girlfriend Ghislaine Maxwell. The royal has said that he doesn't recall ever meeting her—despite a widely circulated picture of himself and the teen believed to be taken inside the London home of Maxwell in 2001.
"I have absolutely no memory of that photograph ever being taken," the Duke of York said in a 2019 interview with the BBC, going as far to suggest that the photo was altered. "I don't remember going upstairs in the house because that photograph was taken upstairs and I am not entirely convinced that… I mean that is… that is what I would describe as me in that. We can't be certain as to whether or not that's my hand on her whatever it is, left… left side."
The controversy surrounding his friendship with Epstein and his widely-criticized response to the allegations ultimately led the prince to step down from his role as an acting member of the Royal Family.