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

here is no support for CEOS's view that the courts or a jury should ultimately decide whether a "novel" construction of the law is correct. Instead, the Executive Branch itself has a non-delegable obligation not to exceed its authority; the power of other branches to check or remedy such usurpation does not legitimi

ressional intent"); see also Letter from Kenneth Starr, Esq. to John Roth, June 19, 2008 (attached as Ex

of this case fall squarely outside the heartland of those [federal] statutes — in fact, in law, and in congressional intent"); see also Letter from Kenneth Starr, Esq. to John Roth, June 19, 2008 (attached as Exhibit _J. Defense counsel also urged the USAO-SDFL to respect the long-recognized "Petite Policy,"'

orney General were consulted, received legal submissions, and fully approved the exercise of discretion by the heads of the USAO-SDFL. In the end, the Executive Branch exercised, in good faith, the unreviewable prosecutorial discretion afforded to it by Article II of the Constitution, as even recognized by Congres

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

d not be countenanced. That is all the more true under the circumstances where the duly appointed U.S. Attorney opined that, in effect, the “unitary” Executive Branch was driving this prosecution. We now know that is not so. What I respectfully request, and what I hope you will provide, is a truly “de novo” review

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

There is no support for CEOS’s view that the courts or a jury should ultimately decide whether a “novel” construction of the law is correct. Instead, the Executive Branch itself has a non-delegable obligation not to exceed its authority; the power of other branches to check or remedy such usurpation does not legitimize