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owers of the [United States attorneys] in their control over criminal prosecutions."). The decision whether to prosecute Epstein lies solely within the Executive Branch, and any order today, by this Court, as to what the government must do in the future would be wholly inappropriate. 26 EFTA00085734 Case 9:08-c
agreement to a third party. Second, none of Petitioners cases authorizes partial rescission, the remedy they request here.16 16 See United States a Walker, 98 F.3d 944 (7th Cir. 1996) (holding that complete rescission of plea agreement was only permissible remedy when defendant was induced to enter pl
to materials within prosecutors' possession, custody or control or, in appropriate cases, that of the Department of Justice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.' (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 2018
. This resulted in a venire comprised of no Black or African-American persons and one Hispanic or Latino person. Id. at 1244. See also id. at 1252 (Walker, J., dissenting) (stating that the majority's decision was "at odds with every decision in every circuit applying the Duren test"). 209 EFTA001001
to materials within prosecutors' possession, custody or control or, in appropriate cases, that of the Department of Justice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.'" (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 201
. This resulted in a venire comprised of no Black or African-American persons and one Hispanic or Latino person. Id. at 1244. See also id. at 1252 (Walker, J., dissenting) (stating that the majority's decision was "at odds with every decision in every circuit applying the Duren test"). 209 EFTA000778
to materials within prosecutors' possession, custody or control or, in appropriate cases, that of the Department of Justice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.'" (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 201
. This resulted in a venire comprised of no Black or African-American persons and one Hispanic or Latino person. Id. at 1244. See also id. at 1252 (Walker, J., dissenting) (stating that the majority's decision was "at odds with every decision in every circuit applying the Duren test"). 209 EFTA000396
to materials within prosecutors' possession, custody or control or, in appropriate cases, that of the Department of Justice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.' quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 2018)
. This resulted in a venire comprised of no Black or African-American persons and one Hispanic or Latino person. Id. at 1244. See also id. at 1252 (Walker, J., dissenting) (stating that the majority's decision was "at odds with every decision in every circuit applying the Duren test"). 208 EFTA000953
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
ing in United States v. Walker, 98 F.3d 944 (761 Cir. 1996) — the case on which Petitioners primarily rely -- is entirely confused and off-base. In Walker, the issue was whether defendant, who was serving a sentence for a federal parole violation when he was indicted on a new federal charge, was entit
to materials within prosecutors' possession, custody or control or, in appropriate cases, that of the Department of Justice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.'" (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 201
. This resulted in a venire comprised of no Black or African-American persons and one Hispanic or Latino person. Id. at 1244. See also id. at 1252 (Walker, J., dissenting) (stating that the majority's decision was "at odds with every decision in every circuit applying the Duren test"). 209 EFTA001032
agreement to a third party. Second, none of Petitioners cases authorizes partial rescission, the remedy they request here.16 16 See United States v. Walker, 98 F.3d 944 (7th Cir. 1996) (holding that complete rescission of plea agreement was only permissible remedy when defendant was induced to enter pl
Page: EFTA00010561 →owers of the [United States attorneys] in their control over criminal prosecutions."). The decision whether to prosecute Epstein lies solely within the Executive Branch, and any order today, by this Court, as to what the government must do in the future would be wholly inappropriate. 26 EFTA00010567 --- PAGE BR
Page: EFTA00010568 →Entities connected to both the Executive Branch and Walker

Jeffrey Epstein
PERSON
United States
LOCATION
Ghislaine Maxwell
PERSON
Scarlett Johansson
PERSON
George W. Bush
PERSON
Department of Justice
ORGANIZATIONEmmy Taylor
PERSON
Supreme Court
ORGANIZATIONLeon Black
PERSONFBI
ORGANIZATIONJane Doe
PERSON
Bradley Edwards
PERSON
Prince Andrew
PERSONthe Southern District
LOCATION
Marc Rich
PERSON
Kenneth Marra
PERSON
Donald Trump
PERSONThompson
PERSON
Virginia Giuffre
PERSON
Julie K. Brown
PERSON