Epstein Secrets

58-59, 89-90). Petitioners leveraged the NPA to their advantage by arguing that it precluded Mr. Epstein from contesting liability. See Doe No. 1 v. United States, 749 F.3d 999, 1002 (11'h Cir. 2014) ("As a basis for relief against Epstein in the civil suit, the victims relied on Epstein's waiver of his right

y stems from the Constitution's delegation of "take Care" duties, U.S. Const. art. II, § 3, and the pardon power, id. § 2, to the Executive Branch. See United States v. Armstrong, 517 U.S. 456, 464 . . . (1996); In re Aiken Cnty., 725 F.3d 255, 262-63 (D.C.Cir.2013). Decisions to initiate charges, or to dismiss

econd-guess the Executive's exercise of discretion over the initiation and dismissal of criminal charges." Id. at 738. 45 EFTA00299065 Although Fokker addressed DPAs, the same principles apply with even greater to force to NPAs, which typically involve no judicial supervision. By imposing the Epste

Accordingly, judicial authority is "at its most limited when reviewing the Executive's exercise of discretion over charging determinations." Id. In Fokker, the question before the D.C. Circuit was whether the district court had the power to decline to enter a speedy trial waiver because it believed tha

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that "[w]hether to prosecute and what charge to file or bring before a grand jury are decisions that generally rest in the prosecutor's discretion," United States I. Batchelder, 442 U.S. 114, 124 (1979), and the CVRA explicitly states that "[n]othing in th[e] [Act] shall be construed to impair the prosecutoria

rges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion." Fokker, 818 F.3d at 742. The 11 EFTA00211728 As to the third time period, when the Government found out on Friday, June 27, 2008, at approximately 4:15

that "[w]hether to prosecute and what charge to file or bring before a grand jury are decisions that generally rest in the prosecutor's discretion " United States v. Batchelder 442 U.S. 114, 124 (1979), and the CVRA explicitly states that "[n]othing in th[e] [Act] shall be construed to impair the prosecutorial

rges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion." Fokker, 818 F.3d at 742. The II EFTA00799835 Case 9:08-cv-80736-KAM Document 408 Entered on FLSD Docket 06/06/2017 Page 12 of 32 As to the third time p

that "[w]hether to prosecute and what charge to file or bring before a grand jury are decisions that generally rest in the prosecutor's discretion " United States v. Batchelder 442 U.S. 114, 124 (1979), and the CVRA explicitly states that "[n]othing in th[e] [Act] shall be construed to impair the prosecutorial

rges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion." Fokker, 818 F.3d at 742. The 11 EFTA00591472 Case 9:08-cv-80736-KAM Document 401-2 Entered on FLSD Docket 06/02/2017 Page 13 of 33 As to the third tim

his lawyers signed the NPA, which itself provided that "[t]he parties anticipate that this agreement will not be made part of any public record. If the United States received a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstei

s. To be sure, judicial authority is limited "when reviewing the Executive's exercise of discretion over charging determinations." United States v. Fokker Servs. B. V., 818 F.3d 733, 741 (D.C. Cir. 2016). But Jane Doe 1 and 2 are not asking this Court to review any prosecutor's ultimate charging deter