Epstein Secrets

lves, but rather an independent assertion that charges were brought for reasons that were improper or constitutionally invalid. See United States v. Armstrong, 517 U.S. 456, 463 (1996). Indeed, the defendant will be unable to make any kind of showing of the conspiracy theory that there was activity incons

Any investigatory files provided to the United States Attorney's Office for the Southern District of New York (or FBI agents working therewith) by the United States Attorney's Office for the Southern District of Florida, the Middle District of Florida, and/or the Northern District of Georgia (or FBI agents working therewith). W

r. 2020) 26 Standefer v. United States, 447 U.S. 10 (1980) 13 United States v. Alameh, 341 F.3d 167 (2d Cir. 2003) 29, 30, 31 United States v. Armstrong, 517 U.S. 456, (1996) passim United States v. Avellino, 136 F.3d 249 (2d Cir. 1998) 19, 25 United States v. Bagley, 473 U.S. 667 (1985) 7 Unite

that the requested evidence is material." Rigas, 258 F. Supp. 2d at 307 (internal citation omitted). As the Supreme Court held in United States v. Armstrong, while Rule 16 authorizes 10 EFTA00027321 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 16 of 34 defendants to exami

Discussion As described above, the Government has produced Brady, Giglio, and Rule 16 material in the possession of the prosecutors and agents at the United States Attorney's Office, the FBI, and the DOJ-OIG who have worked on this investigation and prosecution. Thomas seeks materials that are not in the possession of the Unite

. 2020) 26 Standefer v. United States, 447 U.S. 10 (1980) 13 United States v. Alamelz, 341 F.3d 167 (2d Cir. 2003) 29, 30, 31 United States v. Armstrong, 517 U.S. 456, (1996) passim United States v. Avellino, 136 F.3d 249 (2d Cir. 1998) 19, 25 United States v. Bagley, 473 U.S. 667 (1985) 7 Unite

t sympathy, compassion, or compromise from the jury. The records Thomas seeks are no more discoverable than the nullification evidence precluded in Armstrong and its progeny. See Armstrong, 517 U.S. at 462- 63 (defendant not entitled to discovery on race of other narcotics defendants to aid in selective p

Discussion As described above, the Government has produced Brady, Giglio, and Rule 16 material in the possession of the prosecutors and agents at the United States Attorney's Office, the FBI, and the DOJ-OIG who have worked on this investigation and prosecution. Thomas seeks materials that are not in the possession of the Unite

de by an attorney for the government or other government agent in connection with investigating or prosecuting the case); see also United States v. Armstrong, 517 U.S. at 463 (1996) ("[U]nder Rule 16(a)(2), [a defendant] may not examine Government work product in connection with his case."). Fourth Reque

m in this matter. We further note that to the extent these requests call for internal documents or communications involving one or more employees of the U.S. Attorney's Office for the Southern District of Florida, we are not aware of any authority for the proposition that internal communications within the Department of Ju