Epstein Secrets

ld apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . . .." Marbury-v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[i]f the right is created by a federal statute, the federal courts have

ation, but it later appeared that would be an illegal sentence in this case, and thus only adequate remedy is to allow defendant to withdraw plea); Craig v. People, 986 P.2d 951, 959-60 (Colo. 1999) (because "neither the prosecutor nor the trial court have authority to modify or waive the mandatory parole perio

n, but it now appears that would be an illegal sentence in this case, and thus the only adequate remedy is to allow defendant to withdraw the plea); Craig v. People, 986 P.2d 951 (Colo. 1999) (because "neither the prosecutor nor the trial court have authority to modify or waive the mandatory parole period," suc

the CVRA. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[i]f the right is created by a federal statute, the federal courts have

equitable claim Epstein has for specific performance of the non-prosecution agreement disappears. Other cases reach similar conclusions. See, e.g., Craig v. People, 986 P.2d 951, 959-60 (Colo. 1999) (because "neither the prosecutor nor the trial court have authority to modify or waive the mandatory parole peri

This argument contradicts fundamental American jurisprudence, which holds that "where there is a legal right, there is also a legal remedy . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). 'I'he victims have deferred full briefing on the remedy issue because they understa

v. 25 EFTA00178081 Case 9:08-cv-80736-KAM Document 77 Entered on FLSD Docket 05/02/2011 Page 26 of 29 Cooper, 70 F.3d 563, 567 (le Cir. 1995); Craig v. People, 986 P.2d 951, 959-60 (Colo. 1999)). The Government, however, seeks to escape from the general rule that illegal plea arrangements can be invalidat

ld apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[l]t' the right is created by a federal statute, the federal courts hav

ation, but it later appeared that would be an illegal sentence in this case, and thus only adequate remedy is to allow defendant to withdraw plea); Craig v. People, 986 P.2d 951, 959-60 (Colo. 1999) (because "neither the prosecutor nor the trial court have authority to modify or waive the mandatory parole perio

of relief against Mr. Epstein.3 III. THE CVRA ITSELF DOES NOT AUTHORIZE IMPOSITION OF THE EPSTEIN REMEDIES Citing a line of cases beginning with Marbury v. Madison, 5 U.S. 137 (1803), the Petitioners contend that the CVRA authorizes "the invalidation of an illegal non- prosecution agreement so that t

resent here, that a court cannot enforce facially invalid plea agreements that contain illegal terms or omit the required components of a sentence. Craig v. People, 986 P.2d 951, 959-60 (Colo. 1999) (court cannot enforce a plea 28 EFTA00299048 agreement that waives the mandatory parole period); State v. Garc

ould apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[i]f the right is created by a federal statute, the federal courts have

ation, but it later appeared that would be an illegal sentence in this case, and thus only adequate remedy is to allow defendant to withdraw plea); Craig v. People, 986 P.2d 951, 959-60 (Cob. 1999) (because "neither the prosecutor nor the trial court have authority to modify or waive the mandatory parole period