3
Shared Docs
3
Same-Page
5 / 3
Mentions
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
tions. Federal courts have had broad authority to fashion equitable remedies after petitioners have proven a violation of statutory provisions. It Hardison v. Cohen, 375 F.3d 1262, 1266 (11th Cir. 2004); Nichols v. Ho per 173 F.3d 820, 824 (11th Cir. 1999); C e Ala. Hosp Ass'n v Beasley, 702 £2d 955, 962 (1 I
ing crime victims informed. Just as the Government cannot illegally agree to run a sentence on a new crime concurrently with a probation revocation, United States v. Walker, 98 F.3d 944 (7th Cir. 1996), so too here it cannot illegally agree not to prosecute a sex offender without first conferring with his vict
:08-cv-80736-KAM Document 127 Entered on FLSD Docket 12/05/2011 Page 6 of 25 historically had broad authority to fashion equitable remedies . . . ." Hardison v. Cohen, 375 F.3d 1262, 1266 (11th Cir. 2004). The Eleventh Circuit has expressly required district courts to fashion appropriate equitable remedies when p
l them all of the helpful information I had. I understood that Mr. Edwards did that. I authorized Mr. Edwards to join me in the lawsuit against the U. S. Attorney's Office to enforce my rights and to try to get me my chance to confer with the prosecutors before Mr. Epstein took a plea or the case was
scheme for enforcement of congressionally-created rights, the courts must give "appropriate judicial deference toward the will of Congress . . . ." Hardison v. Cohen, 375 F.3d 1262, 1264 (11th Cir. 2004) (internal quotation omitted). Congress is "in a better position to decide whether or not the public interest
Entities connected to both United States and Hardison v. Cohen

Jeffrey Epstein
PERSON
Department of Justice
ORGANIZATIONLeon Black
PERSON
Alexander Acosta
PERSONJane Doe
PERSON
Kenneth Marra
PERSON
Bradley Edwards
PERSON
Scarlett Johansson
PERSON
Julie K. Brown
PERSONMaria Farmer
PERSON
Michael Cohen
PERSON
Paul Cassell
PERSON
A. Marie Villafana
PERSONRoy Black
PERSON
Alfredo Rodriguez
PERSON
Harvey Weinstein
PERSON
Eric Holder
PERSON
Salt Lake City
LOCATION
Madison
LOCATION
the University of Utah
ORGANIZATION