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Former federal prosecutor Andrew McCarthy, said financier Jeffrey Epstein's deal behind bars was likely a result of "incompetence" rather than a vast conspiracy by the rich and powerful to silence him.

"I think the reports I've read indicate that there was some complaining on the part of his counsel, that he didn't need to be on suicide watch. He was all right. I don't know that to be a fact. We'll have to see how the investigation comes out," he said Monday on "Your World with Neil Cavuto."

"I worked for the government for a very long time. It's like any sprawling institution. I never instantly -- my default position is never that it's a nefarious conspiracy when incompetence is a more likely explanation. And I think that's what we'll find here."

LAWYER FOR EPSTEIN VICTIMS CLAIMS ACOSTA HID FEDERAL IMMUNITY DEAL FROM HIS CLIENTS, INVITES HIM TO FLORIDA TO EXPLAIN

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McCarthy also said he feels it is appropriate for the attorney general to take over the investigation and said Epstein's death could make federal judges think twice about detaining a defendant before trial.

"I was relieved to hear Attorney General Barr say that this is going to be investigated and that there are a lot of irregularities at this prison. It's worth looking into not just in terms of Epstein," he said.

"This is very important to the Justice Department because if federal judges don't think that we can protect people who are in our custody, they are not going to imprison people before a trial who actually ought to be detained, because [of] their risks of flight and [they are] dangerous to the community. So this is a big problem for the Justice Department."