Epstein Secrets

econd-guess the Executive's exercise of discretion over the initiation and dismissal of criminal charges." Id. at 738. 45 EFTA00299065 Although Fokker addressed DPAs, the same principles apply with even greater to force to NPAs, which typically involve no judicial supervision. By imposing the Epste

Accordingly, judicial authority is "at its most limited when reviewing the Executive's exercise of discretion over charging determinations." Id. In Fokker, the question before the D.C. Circuit was whether the district court had the power to decline to enter a speedy trial waiver because it believed tha

ing on those arguments because they "relate only to the remedy." (DE 435:32). 49 EFTA00299069 it when it works to [his] disadvantage .. ." In re Humana Inc. Managed Care Litigation, 285 F.3d 971, 976 (11th Cir. 2002), rev'd on other grounds, PacifiCare Health Sys., Inc. v. Book, 538 U.S. 401 (2003), quo

rges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion." Fokker, 818 F.3d at 742. The 11 EFTA00211728 As to the third time period, when the Government found out on Friday, June 27, 2008, at approximately 4:15

it works to [his] advantage [by establishing the claim] and repudiat[ing] it when it works to [his] disadvantage by requiring arbitration." In re Humana Inc. Managed Care Litigation, 285 F.3d 971, 976 (11th Cir. 2002) rev'd on other grounds by PacifiCare Health Sys.. Inc.. Book, 538 U.S. 401 (2003), citin

rges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion." Fokker, 818 F.3d at 742. The II EFTA00799835 Case 9:08-cv-80736-KAM Document 408 Entered on FLSD Docket 06/06/2017 Page 12 of 32 As to the third time p

it works to [his] advantage [by establishing the claim] and repudiat[ing] it when it works to [his] disadvantage by requiring arbitration." In re Humana Inc. Managed Care Litigation 285 F.3d 971, 976 (11th Cir. 2002) rev'd on other grounds by PacifiCare Health Sys., Inc. v. Book, 538 U.S. 401 (2003), citi

rges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion." Fokker, 818 F.3d at 742. The 11 EFTA00591472 Case 9:08-cv-80736-KAM Document 401-2 Entered on FLSD Docket 06/02/2017 Page 13 of 33 As to the third tim

it works to [his] advantage [by establishing the claim] and repudiat[ing] it when it works to [his] disadvantage by requiring arbitration." In re Humana Inc. Managed Care Litigation 285 F.3d 971, 976 (11th Cir. 2002) rev'd on other grounds by PacifiCare Health Sys., Inc. v. Book, 538 U.S. 401 (2003), citi