Epstein Secrets

cccccccccesceessseesseesseesseeeseeessees 73 III. THE JUSTICE DEPARTMENT’S UNPERSUASIVE POSITION .........0....00000- 75 A.

CVRA rights attach when an officer or employee of the Department of Justice or any other department or agency of the United S

ns 71 C. Courts Recognize That Crime Victims Have CVRA Rights Before Charging .........ccccccccccccccccccccccesceessseesseesseesseeeseeessees 73 III. THE JUSTICE DEPARTMENT’S UNPERSUASIVE POSITION .........0....00000- 75 A. OLC’s Misreading of the CVRA’s Definition of “Victim” ........ 76 B. OLC’s Distortion of the CVRA’s

e Department’s conclusions. Senator Kyl directly stated his view that “[w]hen Congress enacted the ' Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act, Pub. L. No. 108-405, 118 Stat. 2260, 2261-65 (2004) (codified as amended at 18 U.S.C. § 3771 (2012) and 42

hat potential charges will never be filed. The issue of pre-charging rights has most prominently surfaced in connection with federal cases. In 2010, the Department of Justice’s Office of Legal Counsel (OLC) weighed in on the issue and released a legal opinion arguing that victims of federal crimes have no CVRA rights during

of 31 104 J. Crim. L. & Criminology 59, *75 II. The Justice Department's Unpersuasive Position Despite the CVRA's broad r

cifically directs that "officers and employees of the Department of Justice and other departments and agencies of the United

osecutors never filed charges, government officials had no formal obligations to inform the girls. ' Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act, Pub. L. No. 108-405, 178 Stat. 2260, 2261-65 (2004) (codified as amended at 18 U.S.C. § 377] (2012) and 42

hat potential charges will never be filed. The issue of pre-charging rights has most prominently surfaced in connection with federal cases. In 2010, the Department of Justice's Office of Legal Counsel (OLC) weighed in on the issue and released a legal opinion arguing that victims of federal crimes have no CVRA rights during

, at 3 (S.D. Fla. June 19, 2013). DAVID SCHOEN HOUSE_OVERSIGHT_017614 --- PAGE BREAK --- Page 12 of 31 104 J. Crim. L. & Criminology 59, *75 II. The Justice Department's Unpersuasive Position Despite the CVRA's broad remedial purposes, its expansive language referring to investigations, and the unanimous case law ext

notice of their rights before charges are filed. The Justice Department's own guidelines provide that a victim must receive

utional amendment, sce Jon Kyl, Steven J. Twist & Stephen Higgins, On the Wings of Their Angels, the Scott Campbell, Stephanie Roper, Wendy Preseon, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act, 9 Lewis & Clark L. Rev. 581, 583-91 (2005). 32 §.J. Res. 52, 104th Cong. (1996). 33S, Rep. No. 108-191, a

Sen. Kyl) ("We authorized an appropriation of to assure ... that moneys would be made available to enhance the victim notification system, managed by the Department of Justice's Office for Victims of Crime, and the resources additionally to develop state-of-the-art systems for notifying crime victims of important states of de

ourt proceedings. Moreover, the CVRA directs that the Department of Justice and its investigative agencies "shall make their

er leave victims unmentioned. In October 2004, Congress passed and President Bush signed into law the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act (CVRA). ? The CVRA transforms crime victims into participants in the criminal justice process by (among othe

yl) ("We authorized an appropriation of funds to assure ... that moneys would be made available to enhance the victim notification system, managed by the Department of Justice's Office for Victims of Crime, and the resources additionally to develop state-of-the-art systems for notifying crime victims of important statements o