Epstein Secrets

2008 Alice Fisher Assistant Attorney General Andrew Lourie * Principal Deputy Assistant Attorney G

tion On many occasions, the Supreme Court has discussed the breadth of the prosecutor’s discretion in deciding whether and whom to prosecute. In Bordenkircher v. Hayes, 434 U.S. 357 (1978), the Court considered the propriety of a prosecutor’s threat during plea negotiations to seek more serious charges ag

203 See, e.g., Wayte, 470 U.S. at 607; United States v. Goodwin, 457 U.S. 368, 380 n.11 (1982); Bordenkircher, 434 U.S. at 364; Imbler, 424 U.S. 409. 204 The discretionary authority under USAM § 9-27.240 to defer prosecution in favor of another jurisdictio

June 30, 2008. At the time that Petitioners filed the Emergency Petition on July 7, 2008, Epstein had been imprisoned for seven 21 See Jon Swaine, Duke of York to Face Fresh Questions as Epstein Case Takes New Twist, TELEGRAPH (London), Mar. II, 2011 ("Several women who claim they were sexually abused by E

tion." United States v. BP Products North America, Inc., 2008 WL 501321 at *11, citing United States v. Armstrong, 517 U.S. 456, 464 (1996)(quoting Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978)). Allowing claims like Petitioners' to proceed would open the inner workings of that prosecutorial discretion an

scussed in the Response to DE49, Jane Doe #2's position at the time of her interview was that Epstein should not be prosecuted. F2I See Jon Swaine, Duke of York to Face Fresh Questions as Epstein Case Takes New Twist , TELEGRAPH (London), Mar. 11, 2011 ("Several women who claim they were sexually abused by E

etion." United States v. BP Products North America, Inc 2008 WL 501321 at *11, citing United States v. Armstrong , 517 U.S. 456, 464 (1996)( quoting Bordenkircher v. Hayes , 434 U.S. 357, 364 (1978)). Allowing claims like Petitioners' to proceed would open the inner workings of that prosecutorial discretion

June 30, 2008. At the time that Petitioners filed the Emergency Petition on July 7, 2008, Epstein had been imprisoned for seven 21 See Jon Swaine, Duke of York to Face Fresh Questions as Epstein Case Takes New Twist, TELEGRAPH (London), Mar. II, 2011 ("Several women who claim they were sexually abused by E

tion." United States v. BP Products North America, Inc., 2008 WL 501321 at *11, citing United States v. Armstrong, 517 U.S. 456, 464 (1996)(quoting Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978)). Allowing claims like Petitioners' to proceed would open the inner workings of that prosecutorial discretion an

ney), Matthew Menchel (Chief, Criminal Division), Andrew Lourie (Deputy Chief, Northern Region), and AUSA

re a grand jury are decisions that generally rest in the prosecutor's discretion." United States v. Batchelder, 442 U.S. 114, 124 . . . (1979); see Bordenkircher v. Hayes, 434 U.S. 357, 364 . . . (1978). Fokker Services, 818 F.3d at 741. Accordingly, judicial authority is "at its most limited when reviewing

June 30, 2008. At the time that Petitioners filed the Emergency Petition on July 7, 2008, Epstein had been imprisoned for seven 21 See Jon Swaine, Duke of York to Face Fresh Questions as Epstein Case Takes New Twist, TELEGRAPH (London), Mar. 11, 2011 ("Several women who claim they were sexually abused by E

etion." United States v. BP Products North America, Inc., 2008 WL 501321 at *11, citing United States v. Armstrong, 517 U.S. 456, 464 (1996Xquoting Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978)). Allowing claims like Petitioners' to proceed would open the inner workings of that prosecutorial discretion an