Epstein Secrets

in [the CVRA] was agreed to."). °! 150 Cong. Rec. H8208-09 (daily ed. Oct. 6, 2004). °2 150 Cong. Rec. $10910 (daily ed. Oct. 9, 2004). % Kenna v. U.S. Dist. Court for the Cent. Dist. of Cal., 435 F.3d 1011, 1015-16 (9th Cir. 2006) (internal quotations and citations omitted); accord United States v. Sharp, 463 F

lose the identity of its witnesses before trial. However, the basis for such grants of authority now seems defunct. For instance, in United States v. Armstrong, the Ninth Circuit recognized no authority exists in the federal rules for requiring the government to disclose the names of its witnesses. 74 Still,

disclosure of witness names before trial appears inconsistent with the federal rules. And even if the Ninth Circuit's approach was valid at the time Armstrong was decided, such an approach is no longer valid in light of the CVRA. Rule 57(b) only provides a basis for court authority in the absence of control

97 U.S. 358, 364 (1970) (holding that proof beyond a reasonable doubt is constitutionally required under the Due Process Clause). ° United States v. Armstrong, 517 U.S. 456, 456-71 (1996) (examining selective prosecution claim based on racial bias); see also Whren v. United States, 517 U.S. 806, 813 (1996)

attorneys hold elective offices; if their constituents are unsatisfied, they are free to express their feelings at the voting polls."); cf. Chenev v. U.S. Dist. Court, 542 U.S. 367, 386 (2004) ("The decision to prosecute a criminal case ... is made by a publicly accountable prosecutor."). For discussion of this poi

246 150 Cong. Rec. $10,911 (daily ed. Oct. 9, 2004) (statement of Sen. Kyl) (emphases added). 247 Fuentes v. Shevin, 407 U.S. 67, 80 (1972) (quoting Armstrong v. Manzo, 380 U.S. 545, 552 (1965)). 248 150 Cong. Rec. $4264 (daily ed. Apr. 22, 2004) (statement of Sen. Kyl) (emphasis added). 249 See 18 U.S.C.

the National Crime Victims Law Institute and other legal clinics for victims). w 8 See Gillis & Beloof, supra note 314, at 692. 319 See Mallard v. U.S. Dist. Court, 490 U.S. 296, 307 & n.8 (1989) (leaving open the question of whether federal courts possess the inherent authority to require counsel to provide leg