Epstein Secrets

it is not in accord with the principles of justice. Indeed, as noted, just a few weeks ago, the Supreme Court underscored this point in Santos and Cuellar. The Court made clear that prosecutorial discretion does not provide the USAO cart blanche to expand criminal statutes as they seek to do here with

upreme Court decisions addressing that element. See Hansen v. Huff, 291 U.S. 559 (1934); Mortensen v. United States, 322 U.S. 369 (1944). Santos and Cuellar speak loudly and clearly against prosecutors seeing such elasticity in federal criminal statutes, including those enacted to protect important fede

N DEBRA C PINCE 040ST OPI:ALANOlD CHRISTOPHER PENCE PETER O. rADEARY e. MoVEY CS COUNSEL DOWSE MO

it is not in accord with the principles of justice. Indeed, as noted, just a few weeks ago, the Supreme Court underscored this point in Santos and Cuellar. The Court made clear that prosecutorial discretion does not provide the USAO cart blanche to expand criminal statutes as they seek to do here with

A C. PRICE CHRISTOPHER S. ARNOLD CHRISTOPHER D. PENCE PETER G. MAIVOLIM ZACKARV B. LLISEY OF COUNSEL

to the facts in this case. Importantly, we note that the CEOS review was conducted prior to the Supreme Court’s very recent decisions in Santos and Cuellar, which we believe—illuminating as they do the Court’s interpretive methodology when it comes to federal criminal law—powerfully demonstrate the subst

CE e-mails CHRISTOPHER S. ARNOLD CHRISTOPHER D. PENCE PETER G, MARKHAM ZACKARY B. MAZEY June 19, 2008