Epstein Secrets

EFTA00074907 Case 20-2413, Document 10-1, 07/30/2020, 2896538, Page6 of 38 United States v. Graham, 257 F.3d 143 (2d Cir. 2001) United States v. McVeigh, 119 F.3d 806 (10th Cir. 1997) 12 28 Wash. Metro. Area Transit Comm'n v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977) 13 Statutes All W

rm T-I080 (rev.12-13) EFTA00074903 Case 20-2413, Document 10-1, 07/30/2020, 2896538, Page2 of 38 20-2413 United States Court of Appeals for the Second Circuit —against — GHISLAINE MAXWELL, Plaintiff-Appellee, Defendant-Appellant, ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRIC

stead, the courts simply cited to language from a Second Circuit decision that stated that the CVRA does not give

itution Act of 1990, Pub. L. No. 101-647, 104 Stat. 4820 (codified as amended at 42 U.S.C. §§ 10601, 10606-07 (2006)). 3 See, e.g., United States v. McVeigh, 106 F.3d 325, 328 (10th Cir. 1997) (per curiam) (refusing to enforce a victim’s right to attend a trial), Cassell, Barbarians at the Gates?, supra n

bstantive discussion of whether CVRA rights apply in criminal cases before the filing of charges. Instead, the courts simply cited to language from a Second Circuit decision that stated that the CVRA does not give victims any rights against defendants until those defendants have been convicted'!’—a holding clearl

stead, the courts simply cited to language from a Second Circuit decision that stated that the CVRA does not give

stitution Act of 1990, Pub. L. No. 101-647, 104 Stat. 4820 (codified as amended at 42 U.S.C.$$/0601, 10606-07 (2006)). 2 See, e.g., United States v. McVeigh, 106 F.3d 325, 328 (10th Cir. 1997) (per curiam) (refusing to enforce a victim's right to attend a trial); Cassell, Barbarians at the Gates?, supra n

"the CVRA does not grant victims any rights against individuals who have not been convicted of a crime. W.R. Huff Asset Mgmt. Co., 409 F.3d 555, 564 (2d Cir. 2005))). (quoting Jn re 3 Of course, a defendant cannot be ordered to pay restitution as part of his sentence until he has been found guilty. See /

bstantive discussion of whether CVRA rights apply in criminal cases before the filing of charges. Instead, the courts simply cited to language from a Second Circuit decision that stated that the CVRA does not give victims any rights against defendants until those defendants have been convicted !!* - a holding cle

the Victims' Rights Amendment, 1999 Utah L. Rev. 479, 515-22 (discussing the Oklahoma City bombing case in greater detail). 47 See United States v. McVeigh, No. 96-CR-68, 1996 WL 366268, at 2 (D. Colo. June 26, 1996). 48 Td. at 2-3 (discussing application of Fed. R. Evid. 615). 49 Motion of Marsha and

nt asserts has been harmed by a crime or who self-identifies as such qualifies as a "victim"); cf. In re WR. Huff Asset Mgmt. Co., 409 F.3d 555, 561 (2d Cir. 2005) (holding that the CVRA does not grant victims any rights against individuals not convicted of a crime, but the government can attempt to obtain

o. 101-647, § 502(b) (1996). 2 Id. § 502(b)(1). 3 Id. § 502(b)(3). 24 Id. § 502(b)(5). 25 Id. § 502(b)(4). 26 Id. § 502(a). 27 United States v. McVeigh, 157 F.3d 809, 814-815 (10th Cir. 1998). See generally Cassell, Barbarians at the Gates, supra note 6, at 515-22 (discussing this case in greater det

ongressional determination, blocking defense efforts to obtain pretrial discovery about government witnesses. For example, in United States v. Coppa, the Second Circuit overturned the district court's approval of a scheduling order requiring the government to identify its witnesses in advance of trial. +3? The distri