Epstein Secrets

re any decision to prosecute is permitted. I1 08-80736-CV-MARRA RFP WPB 001664 EFTA00209843 KIRKLAND & ELLIS LLP AND ATTILJAIRU PARTNERSHIPS Kenneth W. Starr To Cell Writer Madly (213) 680-8440 [email protected] 777 South Figueroa Street Los Angeles, California 90017 (213)680'8400 www.kirkland.com

nt. See Tab 35, November 28, 2007 Letter from K. Starr to A. Fisher. 43. Late in the day on November 2

A00209852 KIRKLAND & ELLIS LLP Congress to speak more clearly and keeps courts from making criminal law in Congress's stead." Slip op. at 6.I In Cuellar, the Court examined the link between the money-laundering statute's mens rea requirement and the underlying elements of the offense. After a careful

o Suprems Court decisions addressing that element. See Hansen'. Huff, 291 U.S. 559 (1934); Mortensen. United States, 322 U.S. 369 (1944). Santos and Cuellar speak loudly and clearly against prosecutors seeing such elasticity in federal criminal statutes, including those enacted to protect important fede

a Street Los Angeles, California 90017 Kenneth W. Starr ; To Call Writer Directiy: (213) 680-8400 Facsim

KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS 777 South Figueroa Street Los Angeles, California 90017 Kenneth W. Starr ; To Call Writer Directiy: (213) 680-8400 Facsimile: June 19, 2008 John Roth, Esq. Principal Associate Deputy Attorney General Office of the Depu

to the facts in this case. Importantly, we note that the CEOS review was conducted prior to the Supreme Court’s very recent decisions in Santos and Cuellar, which we believe—illuminating as they do the Court’s interpretive methodology when it comes to federal criminal law—powerfully demonstrate the subst

USE_OVERSIGHT_012135 --- PAGE BREAK --- KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS 777 South Figueroa Street Los Angeles, California 90017 Kenneth W. Starr : To Call Writer Directly: FP Facsimile: www.kirkland.com Dir. Fax: June 19, 2008 John Roth, Esq. Principal Associate Deputy Attorney General Offic

Street Los Angeles, California 90017 Kenneth W. Starr : To Call Writer Directly: FP Facsimile: www.kir

to the facts in this case. Importantly, we note that the CEOS review was conducted prior to the Supreme Court’s very recent decisions in Santos and Cuellar, which we believe—illuminating as they do the Court’s interpretive methodology when it comes to federal criminal law—powerfully demonstrate the subst

KIRKLAND & ELLIS LLP AND PkVINL ,S,111-, Kenneth W. Starr To II • r i ly: Los Angeles, California 90017 vAwcicirkland.com June 19, 2008 Esq. Principal Associate Deputy Attorney General Office of th

AND & ELLIS LLP AND PkVINL ,S,111-, Kenneth W. Starr To II • r i ly: Los Angeles, California 9001

to the facts in this case. Importantly, we note that the CEOS review was conducted prior to the Supreme Court's very recent decisions in Santos and Cuellar, which we believe—illuminating as they do the Court's interpretive methodology when it comes to federal criminal law—powerfully demonstrate the sub