Epstein Secrets

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. x 20 Cr. 330 (AJN) MEMORANDUM OF GHISLAINE MAXWELL IN SUPPORT OF MOTION TO DISMISS COUNTS ONE THROUGH FOUR OF THE SUPERSED

OURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. x 20 Cr. 330 (AJN) MEMORANDUM OF GHISLAINE MAXWELL IN SUPPORT OF MOTION TO DISMISS COUNTS ONE THROUGH FOUR OF THE SUPERSEDING INDICTMENT AS TIME-BARRED Mark S. Cohen Christian R. Everdell COHEN &

31-7364 Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim 33 West 19th Street - 4th Floor New York, NY 10011 Phone: 212-243-1100 Attorneys for Ghislaine Maxwell EFTA00103709 TABLE OF CONTENTS Page PRELIMINARY STATEMENT 1 SUMMARY OF ALLEGATIONS 2 ARGUMENT 3 I. The 2003 Amendment Does Not Apply Retr

. Step Two: Application of the 2003 Amendment to Ms. Maxwell's alleged offenses would have impermissible effe

that Congress had "expressly considered and ultimately rejected" proposed interpretation of Civil Service Reform Act); Hudson Valley Black Press v. I.R.S., 409 F.3d 106, 112 (2d Cir. 2005) (noting that legislative history, including conference report, "plainly establishes that Congress expressly consi

v. Clark, 489 U.S. 726 (1989) 15 Food and Drug Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000) 8 Hudson Valley Black Press v. I.R.S., 409 F.3d 106 (2d Cir. 2005) 8 Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. 827 (1990) 6 Kawashima v. Holder, 565 U.S. 478 (2012) 13

vely "Radar Online") seeks records at the core of the criminal prosecution of Jeffrey Epstein, prior to his passing, and the current prosecution of Ghisaille Maxwell. Congress did not intend the Freedom of Information Act, 5 U.S.C. § 552 et seq., to interfere with pending criminal prosecutions. To make sure this

District of New York and one of the lead prosecutors in this matter. )ecl. ¶¶ 1, 9-10, 13-32. The withheld records include possible exhibits at the Maxwell trial, information about which numerous witnesses are expected to testify, and information and documents authored by potential trial witnesses. See

d interfere with the pending prosecution against Ghislaine Maxwell, as logically and plausibly explained in

The withheld records include possible exhibits at the Maxwell trial, information about which numerous witnesse

C., 926 F.2d 1197, 328 (D.C. Cir. 1991). An agency'ssearch may be reasonable even if it does not return every responsive document. See Adamowicz v. I.R.S., 552 F. Supp. 2d 355, 361 (S.D.N.Y. 2008). An agency must only search Because an agency declaration can satisfy the government's burden on a motion

3, Sen. Bob Casey and Reps. Veronica Escobar and Maxwell Frost reintroduced the Disarm Hate Act, aiming to

Hunter Biden Inquiry The New York Times (09/13, Broadwater) reported that a high-ranking FBI agent, Thomas Sobocinski, contradicted claims made by I.R.S. agent Gary Shapley, who alleged that political interference impacted the investigation into Hunter Biden's taxes. Testifying before the House Judici