Epstein Secrets

stinctions — doing "equal right to the poor" and "rich" alike — are imperatives that run both ways. Id.

(617) 338-9538 [email protected] 15 EFTA00076082 Case 1:19-cr-00490-RMB Document 6 Filed 07/11/19 Page 16 of 16 Marc Allan Fernich Law Office of Marc Fernich 810 Seventh Ave Suite 620 New York, NY 10019 (212) 446-2346 Fax: (212)446 2330 [email protected] 16 EFTA00076083 Case 1:19-Cr-00400-RMS Doc

-c‘O3O3B.49664-0CtailltdReta 2fft3eurfetteSCt off ikkElEgaltket (0748/S01315Page 5 of 20 obligations undertaken therein to be set aside.4 See, e.g., Santobello v. New York 404 U.S. 257, 262 (1971) ("[W]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be

greement, the United States would still be constitutionally required to adhere to the negotiated terms of the Non-Prosecution Agreement. See, e.g., Santobello, 404 U.S. at 262; Harvey, 869 F.2d at 1443. Due process considerations further bar this Court from setting aside a non-prosecution agreement that g

ming) Martin G. Weinberg, P.C. 15 EFTA00095885 Case 1:19-cr-00490-RMB Document 6 Filed 07/11/19 Page 16 of 16 Marc Allan Fernich Law Office of Marc Fernich I I I I I 16 EFTA00095886 Case 1:19-Cr-00400-RMS Document 6-1 Filed 07/11/19 Page 1 of 15 EXHIBIT 1 EFTA00095887 Case 1:19-cr-00490-RMB Docu

stinctions — doing "equal right to the poor" and "rich" alike — are imperatives that run both ways. Id.

-c‘O3O3B.49664-0CtailltdReta 2fft3eurfetteSCt off ikkElEgaltket (0748/S01315Page 5 of 20 obligations undertaken therein to be set aside.4 See, e.g., Santobello v. New York 404 U.S. 257, 262 (1971) ("[W]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be

greement, the United States would still be constitutionally required to adhere to the negotiated terms of the Non-Prosecution Agreement. See, e.g., Santobello, 404 U.S. at 262; Harvey, 869 F.2d at 1443. Due process considerations further bar this Court from setting aside a non-prosecution agreement that g

to promise such a concurrent sentence); Ex parte Rich, 194 S.W.3d 508, 514-15 (Tex. Crim. App. 2006) (h

ot subject to being set aside, rescinded, or canceled — regardless of whether or not the government failed to comply with the CVRA. On the contrary, Santobello and its progeny require the USAO-SDFL to continue to abide by the terms of the Non-Prosecution Agreement, and due process precludes this Court from

Rescission of the Non-Prosecution Agreement Between the USAO-SDFL and Epstein In an effort to establish standing and circumvent the requirements of Santobello v. New York, 404 U.S. 257, 262 (1971), and its progeny, Petitioners argue that the Non-Prosecution Agreement between the USAO-SDFL and Epstein is a

to promise such a concurrent sentence); Ex parte Rich, 194 S.W.3d 508, 514-15 (Tex. Crim. App. 2006) (h

ot subject to being set aside, rescinded, or canceled — regardless of whether or not the government failed to comply with the CVRA. On the contrary, Santobello and its progeny require the USAO-SDFL to continue to abide by the terms of the Non-Prosecution Agreement, and due process precludes this Court from

Rescission of the Non-Prosecution Agreement Between the USAO-SDFL and Epstein In an effort to establish standing and circumvent the requirements of Santobello v. New York, 404 U.S. 257, 262 (1971), and its progeny, Petitioners argue that the Non-Prosecution Agreement between the USAO-SDFL and Epstein is a

to promise such a concurrent sentence); Er parte Rich, 194 S.W.3d 508, 514-15 (Tex. Crim. App. 2006) (h

ot subject to being set aside, rescinded, or canceled — regardless of whether or not the government failed to comply with the CVRA. On the contrary, Santobello and its progeny require the USAO-SDFL to continue to abide by the terms of the Non-Prosecution Agreement, and due process precludes this Court from

Rescission of the Non-Prosecution Agreement Between the USAO-SDFL and Epstein In an effort to establish standing and circumvent the requirements of Santobello v. New York, 404 U.S. 257, 262 (1971), and its progeny, Petitioners argue that the Non-Prosecution Agreement between the USAO-SDFL and Epstein is a

-99, 69 S.Q. 968, 93 L.Ed. 1231 (1949) (recogniz- ing that the threat of prosecution may deny fishermen the right to earn a liveli- hood); Truax v. Raich, 289 U.S. 88, 88-89, 86 S.Ct. 7, 60 L.Ed. 131 (1915) (recognizing that the threat of prosecution may lead to an unconstitutional denial of the rig

Co. k Sher- man. 266 U.S. 497, 600, 46 .Ct. 41, 69 L.Ed 402 (1926); Terrace Thompson, I 263 U.S. 197, 214, 4eXCL 5, 68 L.Ed. 255 (1923); Truax Reich, 239 U.S. 33, 87, 36 S.Ct. 7, Ed. 131 (1915). We do not, by affirming, therefore, sug- gest agreement with a possible interpre- tation of the dist

cluding plea, cooperation, and im- munity agreements—to the extent the agreements require defendants to sacrifice constitutional rights. See, e.g., Santobello v. New York 404 U.S. 257, 262, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); United States v. Hodge, 412 F.3d 479, 485 (3d Cir.2005) ("The government must

to promise such a concurrent sentence); Ex parte Rich, 194 S.W.3d 508, 514-15 (Tex. Crim. App. 2006) (h

ot subject to being set aside, rescinded, or canceled — regardless of whether or not the government failed to comply with the CVRA. On the contrary, Santobello and its progeny require the USAO-SDFL to continue to abide by the terms of the Non-Prosecution Agreement, and due process precludes this Court from

Rescission of the Non-Prosecution Agreement Between the USAO-SDFL and Epstein In an effort to establish standing and circumvent the requirements of Santobello v. New York, 404 U.S. 257, 262 (1971), and its progeny, Petitioners argue that the Non-Prosecution Agreement between the USAO-SDFL and Epstein is a

would violate the laws of this state"); Et pane Rich, 194 S.W.3d 508, 515 (Tex. Crim. App. 2006); (whe

cases that stand for the generic proposition that the Government must abide by its promises in plea agreements. See Gov't Mot. Dismiss at 4 (citing Santobello v. New York, 404 U.S. 257, 262 (1971); United States v. Harvey, 869 F.2d 1439, 1443 (11th Cir. 1989)). But the very point of all the cases cited by

to promise such a concurrent sentence); Ex pane Rich, 194 S.W.3d 508, 514-15 (Tex. Crim. App. 2006) (h

ot subject to being set aside, rescinded, or canceled — regardless of whether or not the government failed to comply with the CVRA. On the contrary, Santobello and its progeny require the USAO-SDFL to continue to abide by the terms of the Non-Prosecution Agreement, and due process precludes this Court from

to promise such a concurrent sentence); Ex pane Rich, 194 S.W.3d 508, 514-15 (Tex. Crim. App. 2006) (h

ot subject to being set aside, rescinded, or canceled — regardless of whether or not the government failed to comply with the CVRA. On the contrary, Santobello and its progeny require the USAO-SDFL to continue to abide by the terms of the Non-Prosecution Agreement, and due process precludes this Court from