Epstein Secrets

evidence and satisfy itself as to the existence of its power to hear the case" without presuming the truthfulness of the plaintiff's allegations. Makro Capital of America, Inc. v. UBS AG, 543 F.3d 1254, 1258 (11th Cir. 2008) (citations omitted); see also, e.g., McMaster v. United States, 177 F.3d 936, 940 (11th Cir. 1999) (

t; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Friends of the Earth, Inc. v. Laidlaw Environmental Services (7'OC), Inc., 528 U.S. 167, 180-81 (2000); see also, e.g., Young Apartments, Inc. v. Town of Jupiter, 529 F.3d 1027, 1038 (11th Cir. 2008) (quoting

basis, the Government claims to be free to raise extrinsic evidence outside the complaint, "such as testimony and affidavits." Id. at 1.n.1 (citing Makro Capital of America, Inc. v. UBS AG, 543 F.3d 1254, 1258 (11th Cir. 1999)). To the extent the Government is attempting to raise a "factual" challenge to jurisdiction, the Go

`injury in fact' that is (a) concrete and particularized and (b) actual or imminent. not conjectural or hypothetical." Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 180 (2000). The Government cannot show any such injury from a declaration that the non-prosecution agreement is illegal,

basis, the Government claims to be free to raise extrinsic evidence outside the complaint, "such as testimony and affidavits." Id. at 1.n.1 (citing Makro Capital of America, Inc. UBS AG, 543 F.3d 1254, 1258 (11th Cir. 1999)). To the extent the Government is attempting to raise a "factual" challenge to jurisdiction, the Govern

n `injury in fact' that is (a) concrete and particularized and (b) actual or imminent. not conjectural or hypothetical." Friends of the Earth, Inc.. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 180 (2000). The Government cannot show any such injury from a declaration that the non-prosecution agreement is illegal,

evidence and satisfy itself as to the existence of its power to hear the case" without presuming the truthfulness of the plaintiff's allegations. Makro Capital of America, Inc. v. UBS AG, 543 F.3d 1254, 1258 (11th Cir. 2008) (citations omitted); see also, e.g., McMaster v. United States, 177 F.3d 936, 940 (11th Cir. 1999) (

t; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOG), Inc., 528 U.S. 167, 180-81 (2000); see also, e.g., Young Apartments, Inc. v. Town of Jupiter, 529 F.3d 1027, 1038 (11th Cir. 2008) (quoting

evidence and satisfy itself as to the existence of its power to hear the case" without presuming the truthfulness of the plaintiff's allegations. Makro Capital of America, Inc. v. UBS AG, 543 F.3d 1254, 1258 (11th Cir. 2008) (citations omitted); see also, e.g., McMaster v. United States, 177 F.3d 936, 940 (11th Cir. 1999) (

t; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOG), Inc., 528 U.S. 167, 180-81 (2000); see also, e.g., Young Apartments, Inc. v. Town of Jupiter, 529 F.3d 1027, 1038 (11th Cir. 2008) (quoting