Epstein Secrets

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

vant because they "show why the victims did not receive proper notifications about the non-prosecution agreement that the [United States Attorney's Office for the Southern District of Florida] negotiated with Epstein." (DE 266 at 11). The Court concludes that the materials are not relevant in that regard. First, the Court find

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, 105 S. Ct. 1524, 84 L. Ed. 2d 547 (1985). The CVRA incorporates this principle, providing that "[n]othing in t

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 g

against Epstein for many federal sex offenses," (DE 266 at 8), the Government responded: The government admits that the FBI and the U.S. Attorney's Office for the Southern District of Florida CUSAO") conducted an investigation into Jeffrey Epstein ("Epstein") and developed evidence and information in contemplation of a potenti

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

vant because they "show why the victims did not receive proper notifications about the non-prosecution agreement that the [United States Attorney's Office for the Southern District of Florida] negotiated with Epstein." (DE 266 at 11). The Court concludes that the materials are not relevant in that regard. First, the Court find

force a federal prosecutor to seek an indictment where none has been sought, or to take back an agreement not to prosecute. 18 U.S.C. § 3771(d)(6); Wayte v. United States, 470 U.S. 598, 607-08 (1985) (the decision whether to prosecute is "particularly ill-suited to judicial review," and "not readily

mergency Petition and Petitioners' Motion seeking a finding that the CVRA was violated. The only material fact is that the United States Attorney's Office for the Southern District of Florida never filed federal 'Whether or not the CV RA applies is the central question in dispute in this matter because no federal criminal case

0736-KAM Document 59 Entered on FLSD Docket 04/07/2011 Page 3 of 9 plea proceedings. Id., citing United States,. Ingrassia, 2005 WL 2875220 at •17 (E.D.N.Y. Sep. 7, 2005). The district court concluded, "[t]he CVRA, therefore, dots not authorize an unbridled gallop to any and all information in the gover

his constitutional responsibility to 'take Care that the Laws be faithfully executed.' United States v. Armstrong, 517 U.S. 456, 464 (1996) (quoting Wayte v. United States, 470 U.S. 598, 607 (1985); quoting U.S. Const., Art. II § 3; citing 28 U.S.C. §§ 516, 547). This broad discretion rests largely on

F.3d at 1081 (quoting Chaney, 470 U.S. at 831). That type of inquiry is exactly the one requested by Jane Does #1 and #2 — did the U.S. Attorney's Office for the Southern District of Florida violate the CVRA. Here, Petitioners' request should be examined with even greater caution than the average agency decision because it in

his constitutional responsibility to 'take Care that the Laws be faithfully executed.' United States v. Armstrong, 517 U.S. 456, 464 (1996) (quoting Wayte v. United States, 470 U.S. 598, 607 (1985); quoting U.S. Const., Art. II § 3; citing 28 U.S.C. §§ 516, 547). This broad discretion rests largely on

F.3d at 1081 (quoting Chaney, 470 U.S. at 831). That type of inquiry is exactly the one requested by Jane Does #1 and #2 — did the U.S. Attorney's Office for the Southern District of Florida violate the CVRA. Here, Petitioners' request should be examined with even greater caution than the average agency decision because it in

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

vant because they "show why the victims did not receive proper notifications about the non-prosecution agreement that the [United States Attorney's Office for the Southern District of Florida] negotiated with Epstein." (DE 266 at 11). The Court concludes that the materials are not relevant in that regard. First, the Court find