Epstein Secrets

ons. The Court disagrees for two independent reasons. First, under controlling Second Circuit precedent, the NPA does not bind the U.S. Attorney for the Southern District of New York. Second, it does not cover the offenses charged in the S1 superseding indictment. 3 EFTA00020263 --- PAGE BREAK --- Case 1:20-cr-00330-AJN

PAGE BREAK --- Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 4 of 34 A. The non-prosecution agreement does not bind the U.S. Attorney for the Southern District of New York United States Attorneys speak for the United States. When a U.S. Attorney makes a promise as part of a plea bargain, both contract principles and d

A defendant seeking severance must show significant unfairness to outweigh the burden on the court of conducting multiple trials. United States v. Walker, 142 F.3d 103, 110 (2d Cir. 1998). The harm to the defendant must be more than "solely the adverse effect of being tried for two crimes rather than

stricts, such as the Southern District of New York . . .."); DE 205-2 at 8-9 ("a number of districts outside the Southern District of Florida (e.g., the Southern District of New York ...) share jurisdiction and venue with the Southern District of Florida over potential federal criminal charges based on the alleged sexual ac

on alleged sexual acts that Epstein committed against [Jane Doe I and 2]. Such charges can still potentially be pursued in other districts, such as the Southern District of New York . . .."); DE 205-2 at 8-9 ("a number of districts outside the Southern District of Florida (e.g., the Southern District of New York ...) share juri

se) that Epstein's legal team had no knowledge whatsoever that the Government was violating its CVRA obligations. A helpful case is United States v. Walker, 98 F.3d 944 (7th Cir. 1996). 55 EFTA00021499 --- PAGE BREAK --- Case 9:08-cv-80736-KAM Document 466 Entered on FLSD Docket 07/23/2019 Page 59 o

ons. The Court disagrees for two independent reasons. First, under controlling Second Circuit precedent, the NPA does not bind the U.S. Attorney for the Southern District of New York. Second, it does not cover the offenses charged in the S1 superseding indictment. 3 EFTA00022093 --- PAGE BREAK --- Case 1:20-cr-00330-AJN

PAGE BREAK --- Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 4 of 34 A. The non-prosecution agreement does not bind the U.S. Attorney for the Southern District of New York United States Attorneys speak for the United States. When a U.S. Attorney makes a promise as part of a plea bargain, both contract principles and d

A defendant seeking severance must show significant unfairness to outweigh the burden on the court of conducting multiple trials. United States v. Walker, 142 F.3d 103, 110 (2d Cir. 1998). The harm to the defendant must be more than "solely the adverse effect of being tried for two crimes rather than

stricts, such as the Southern District of New York . . .."); DE 205-2 at 8-9 ("a number of districts outside the Southern District of Florida (e.g., the Southern District of New York ...) share jurisdiction and venue with the Southern District of Florida over potential federal criminal charges based on the alleged sexual ac

on alleged sexual acts that Epstein committed against [Jane Doe I and 2]. Such charges can still potentially be pursued in other districts, such as the Southern District of New York . . .."); DE 205-2 at 8-9 ("a number of districts outside the Southern District of Florida (e.g., the Southern District of New York ...) share juri

se) that Epstein's legal team had no knowledge whatsoever that the Government was violating its CVRA obligations. A helpful case is United States v. Walker, 98 F.3d 944 (7th Cir. 1996). 55 EFTA00022603 --- PAGE BREAK --- Case 9:08-cv-80736-KAM Document 466 Entered on FLSD Docket 07/23/2019 Page 59 o

ons. The Court disagrees for two independent reasons. First, under controlling Second Circuit precedent, the NPA does not bind the U.S. Attorney for the Southern District of New York. Second, it does not cover the offenses charged in the S1 superseding indictment. 3 EFTA00029542 --- PAGE BREAK --- Case 1:20-cr-00330-AJN

PAGE BREAK --- Case 1:20-cr-00330-AJN Document 208 Filed 04/16/21 Page 4 of 34 A. The non-prosecution agreement does not bind the U.S. Attorney for the Southern District of New York United States Attorneys speak for the United States. When a U.S. Attorney makes a promise as part of a plea bargain, both contract principles and d

A defendant seeking severance must show significant unfairness to outweigh the burden on the court of conducting multiple trials. United States v. Walker, 142 F.3d 103, 110 (2d Cir. 1998). The harm to the defendant must be more than "solely the adverse effect of being tried for two crimes rather than

771 (a) (emphasis added). 8! U.S. Const. amend. V; see also U.S. Const. amend. XIV (due process right in state proceedings). 82 See, e.g., Duncan v. Walker, 533 U.S. 167, 174 (2001) (quoting United States v. Menasche, 348 U.S. 528, 538-39 (1955)). 83 See, e.g., Babbit v. Sweet Home Chapter of Comtys. fo

(9th Cir. 2006); United States v. Degenhardt, 405 F. Supp. 1341, 1343-44 (D. Utah 2005); see also United States v. Turner, 367 F. Supp. 2d 319, 333 (E.D.N.Y. 2005) (reaching same conclusion). *98 Bucklew Memo, supra note 580, app. a, at 299, 302-03. DAVID SCHOEN HOUSE_OVERSIGHT_017711 --- PAGE BREAK --