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Courts tread lightly where prosecutorial discretion is concerned because "the decision to prosecute is particularly ill-suited to judicial review." Wayte, 470 U.S. at 607; see also 35 Geo. L.J. Ann. Rev. Crim. Proc. 203, 203 n.648 (2006). "Such factors as the strength of the case, the prosecution's ge
ts are [not] competent to undertake" the kind of analysis necessary to assess the "strength of the case" for or against any particular prosecution. Wayte, 470 U.S. at 607; see also United States I. Armstrong, 517 U.S. 456, 465 (1996) (Judicial deference to prosecutors' decisions "rests in part on an a
6/2015 Page 14 of 51 a governmental attorney-client privilege applicable in criminal proceedings inquiring into the actions of public officials."). The Eighth Circuit did not purport to espouse a broad-ranging rule that defeated existing, well-defined privileges such as the work product doctrine. This is importan
made an inexplicably poor decision when it decided not to prosecute Epstein. "[T]he Government retains 'broad discretion' as to whom to prosecute." Wayte v. United States, 470 U.S. 598, 607 (1985). The CVRA incorporates this principle, providing that In]othing in this chapter shall be construed to im
ts are [not] competent to undertake" the kind of analysis necessary to assess the "strength of the case" for or against any particular prosecution. Wayte, 470 U.S. at 607; see also United States v. Armstrong, 517 U.S. 456, 465 (1996) (Judicial deference to prosecutors' decisions "rests in part on an a
6/2015 Page 14 of 51 a governmental attorney-client privilege applicable in criminal proceedings inquiring into the actions of public officials."). The Eighth Circuit did not purport to espouse a broad-ranging rule that defeated existing, well-defined privileges such as the work product doctrine. This is importan
ts are [not] competent to undertake" the kind of analysis necessary to assess the "strength of the case" for or against any particular prosecution. Wayte, 470 U.S. at 607; see also United States v. Armstrong, 517 U.S. 456, 465 (1996) (Judicial deference to prosecutors' decisions "rests in part on an a
made an inexplicably poor decision when it decided not to prosecute Epstein. "(T]he Government retains `broad discretion' as to whom to prosecute." Wayte v. United States, 470 U.S. 598, 607 (1985). The CVRA incorporates this principle, providing that Irdothing in this chapter shall be construed to im
6/2015 Page 14 of 51 a governmental attorney-client privilege applicable in criminal proceedings inquiring into the actions of public officials."). The Eighth Circuit did not purport to espouse a broad-ranging rule that defeated existing, well-defined privileges such as the work product doctrine. This is importan
made an inexplicably poor decision when it decided not to prosecute Epstein. "[T]he Government retains `broad discretion' as to whom to prosecute." Wayte v. United States 470 U.S. 598, 607 (1985). The CVRA incorporates this principle, providing that InJothing in this chapter shall be construed to imp
6/2015 Page 14 of 51 a governmental attorney-client privilege applicable in criminal proceedings inquiring into the actions of public officials."). The Eighth Circuit did not purport to espouse a broad-ranging rule that defeated existing, well-defined privileges such as the work product doctrine. This is importan
Entities connected to both Wayte and The Eighth Circuit

Jeffrey Epstein
PERSON
United States
LOCATION
Supreme Court
ORGANIZATIONthe Southern District
LOCATIONEmmy Taylor
PERSON
Southern District of New York
ORGANIZATIONFBI
ORGANIZATION
Scarlett Johansson
PERSONthe Department of Justice's Office of Professional Responsibility
ORGANIZATION
Eric Holder
PERSON
Kenneth Marra
PERSON
Armstrong
PERSONFederal Rule of Criminal
ORGANIZATION
Brady
PERSONJane Doe
PERSONSantobello
PERSON
Michael Jackson
PERSONLeon Black
PERSON
Department of Justice
ORGANIZATION
Alberto Gonzales
PERSON