Epstein Secrets

bsection (a)(8)'s general right to fair treatment by reference to the subsections (and their constituent rights) that precede it. See, Johnson it United States,559 U.S. 133, 139,130 S.Ct. 1265, 176 L.Ed.2d 1 (2010) ("Ultimately, context determines meaning ...."); Pi Gutierrez v. Ada, 528 U.S. 250, 255, 120 S.

iple— which dates back centuries—that "the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case." 1/ United States v. Nixon, 418 U.S. 683, 693, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974) (citing Confiscation Cases, 74 U.S. (7 Wall.) 454, 19 L.Ed. 196 (1869)). 23 *12

aw is clear, at least for Sixth Amendment right-to-counsel purposes, that a "prosecution" does not begin with the criminal complaint's filing. See P. United States v. Alvarado, 440 F.3d 191, 199-200 (4th Cir. 2006) ("The filing of a federal criminal complaint does not commence a formal prosecution."); see als

re Acker, 596 F.3d 370, 373 (6th Cir. 2010). The district courts that have considered the question are divided. Compare, e.g., 1' United States it Oakum, No. 3:08CR132, 2009 WL 790042, at *2 (E.D. Va. Mar. 24, 2009) (holding that CVRA rights can attach prior to the commencement of criminal proceedi

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in the case). The U.S. Attorney's Office has generally disputed some of these allegations without offering specifics as to what happened. See, e.g., United States' Response to Jane Doe #1 & Jane Doe #2's Motion for Finding of Violations of the Crime Victim Rights Act and Request for a Hearing on Appropriate Reme

re charges were filed but were subject to the outer limit that the Government has at least "contemplated" charges. 7! Similarly, in United States v. Oakum, ” the District Court for the Eastern District of Virginia considered a claim that CVRA rights did not apply until after a defendant had been convict

following circumstances: CVRA rights attach when an officer or employee of the Department of Justice or any other department or agency of the United States engaged in the detection, investigation, or prosecution of crime has substantial evidence that an identifiable person has been directly and proximate

t) the following circumstances: CVRA rights attach when an officer or employee of the Department of Justice or any other department or agency of the United States engaged in the detection, investigation, or prosecution of crime has substantial evidence that an identifiable person has been directly and pr

in the case). The U.S. Attorney’s Office has generally disputed some of these allegations without offering specifics as to what happened. See, e.g., United States’ Response to Jane Doe #1 & Jane Doe #2’s Motion for Finding of Violations of the Crime Victim Rights Act and Request for a Hearing on Appropriate Reme

fore charges were filed but were subject to the outer limit that the Government has at least “contemplated” charges.” Similarly, in United States v. Oakum,” the District Court for the Easter District of Virginia considered a claim that CVRA nghts did not apply until after a defendant had been convicted.

endment prosecution also make clear that a later court hearing would start such a prosecution. For instance, in the Fourth Circuit case cited by OLC, United States v. Alvarado, the court reasons that “the main reason a law enforcement officer files [] a complaint is to establish probable cause for an arrest warr