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until, at the earliest, a suspect's initial appearance before a judicial officer. U.S. Const. Amend. 6. *1246 On Petition for Writ of Mandamus to the United States District Court for the Southern District of Florida, D.C. Docket No. 9:08-cv-80736-KAM Attorneys and Law Firms Paul Cassell, University of Utah Co
words of the statute as they are commonly and ordinarily understood and must construe the statute so each of its provisions is given full effect." P United States it McLymont, 45 F.3d 400, 401 (I I th Cir. 1995). Therefore, "[w]e do not look at one word or term in isolation, but instead we look to the entire
nt Venture, 245 F.3d 1217, 1222 (11th Cir. 2001). We are bound to "presume that Congress said what it meant and meant what it said." Id. (quoting P. United States it Steele, 147 F.3d 1316, 1318 (11th Cir. 1998) (en bane)); see alsol° Keene Corp., 508 U.S. at 208, 113 S.Ct. 2035. Therefore, under the plain la
the Majority, Judge Tjoflat's concurring opinion, and I agree that the Executive has exclusive and complete authority over charging decisions. See? li United States v. Nixon, 418 U.S. 683, 693, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974) ("[T]he Executive Branch has exclusive authority and absolute discretion to deci
undary' that is marked by the formal initiation of criminal proceedings and that Chief Judge Srinivasan astutely recognized for the D.C. Circuit in Fokker Services. There is a world of difference between a court insinuating itself into a prosecutor's case before charges are filed and stepping in to "administer(
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
l review than the exercise by the Executive of his discretion in deciding when and whether to institute criminal proceedings . ..." United States v. Fokker Services B. Y., 818 F.3d 733, 741 (D.C.Cir. 2016), quoting Newman v United States, 382 F.2d 479, 480 (D.C.Cir. 1967). As the Supreme Court noted in Wayte,
concede that neither Jane Doe I nor Jane Doe 2 were victims of the crimes to which Epstein entered guilty pleas to on June 30, 2008. D.E. 416 at 40. The United States was not a party to the state court criminal proceeding against Epstein, nor had it initiated those proceedings. Despite all of these facts, petitio
s. With an NPA, `formal charges are not filed and the agreement is maintained by the parties rather than being filed with a court.' United States v. Fokker Services B.V., 818 F.3d 733, 738 (D.C. Cir. 2016) (citation omitted). "Non-prosecution agreements are similar to plea agreements, except adherence to a non-
e, and so on, are for the Attorney General and the President to evaluate. The Judicial Branch is limited to assessing counsel's public deeds." In re United States 298 F.3d 615, 618 (7th Cir. 2005). In short, petitioners are not entitled to "test the bona fides" of the discretionary decision made by prosecutor
retion. "Mudicial authority is ... at its most limited when reviewing the Executive's exercise of discretion over charging determinations." U.S. v. Fokker Services, BV, 818 F.3d 733, 741 (D.C.Cir. 2016), citing Cmty. for Creative Non- Violence v. Pierce 786 F.2d 1199, 1201 (D.C.Cir. 1986). Further, "decisions to
e, and so on, are for the Attorney General and the President to evaluate. The Judicial Branch is limited to assessing counsel's public deeds." In re United States 298 F.3d 615, 618 (7th Cir. 2005). In short, petitioners are not entitled to "test the bona fides" of the discretionary decision made by prosecutor
retion. "Mudicial authority is ... at its most limited when reviewing the Executive's exercise of discretion over charging determinations." U.S. v. Fokker Services, BV, 818 F.3d 733, 741 (D.C.Cir. 2016), citing Cmty. for Creative Non- Violence v. Pierce 786 F.2d 1199, 1201 (D.C.Cir. 1986). Further, "decisions to
concede that neither Jane Doe 1 nor Jane Doe 2 were victims of the crimes to which Epstein entered guilty pleas to on June 30, 2008. D.E. 416 at 40. The United States was not a party to the state court criminal proceeding against Epstein, nor had it initiated those proceedings. Despite all of these facts, petitio
s. With an NPA, 'formal charges are not filed and the agreement is maintained by the parties rather than being filed with a court.' United States v. Fokker Services B.V., 818 F.3d 733, 738 (D.C. Cir. 2016) (citation omitted). "Non-prosecution agreements are similar to plea agreements, except adherence to a non-
Entities connected to both United States and Fokker Services

Jeffrey Epstein
PERSON
George W. Bush
PERSON
Department of Justice
ORGANIZATIONLeon Black
PERSON
Alexander Acosta
PERSONJane Doe
PERSON
Kenneth Marra
PERSON
Bradley Edwards
PERSON
Scarlett Johansson
PERSONMaria Farmer
PERSON
Samantha Power
PERSON
Southern District of New York
ORGANIZATION
Paul Cassell
PERSON
Michael Jackson
PERSON
A. Marie Villafana
PERSON
Atlanta
LOCATION
Oliver Stone
PERSON
Harvey Weinstein
PERSON
Salt Lake City
LOCATION
Madison
LOCATION