4
Shared Docs
3
Same-Page
4 / 5
Mentions
the terms of any plea bargain or immunity agreement it makes." United States v. Hill, 643 F.3d 807, 874 (11th Cir. 2011), quoting United States v. Harvey, 869 F.2d 1439, 1443 (11th Cir.1989) (en banc). See, e.g., 38 EFTA00299058 Santobello v. New York, 404 U.S. 257, 262 (1971) ("when a plea rests i
nce value, the Government's 42 EFTA00299062 enforcement priorities, and the case's relationship to the Government's overall enforcement plan..." Wayte v. United States, 470 U.S. 598, 607 (1985). As such, the decision to prosecute is "particularly ill-suited to judicial review." Id. "Few subjects ar
ervices 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, "[j]udicial supervision in this area, moreover, entails systemic costs of particular concern. Examining the basis of a prosecution delays the crim
nts, there often is no later proceeding in which victims can exercise their rights. 161 Cong. Rec. S106 (daily ed. Jan. 8, 2015) (statement of Sen. Feinstein, for herself and for Sens. Portman, Comyn, Gillibrand, and Kirk) (addressing Senate Bill 140, the Combat Human Trafficking Act of 2015, which conta
ment's enforcement policy. All these are substantial concerns that make the courts properly hesitant to examine the decision whether to prosecute. Wayte v. United States, 470 U.S. 598, 607-08 (1985); see also Fokker, 818 F.3d at 737-738 (noting the long-settled understandings about the independence o
nts, there often is no later proceeding in which victims can exercise their rights. 161 Cong. Rec. S106 (daily ed. Jan. 8, 2015) (statement of Sen. Feinstein, for herself and for Sens. Portman, Comyn, Gillibrand, and Kirk) (addressing Senate Bill 140, the Combat Human Trafficking Act of 2015, which conta
ment's enforcement policy. All these are substantial concerns that make the courts properly hesitant to examine the decision whether to prosecute. Wayte v. United States, 470 U.S. 598, 607-08 (1985); see also Fokker, 818 F.3d at 737-738 (noting the long-settled understandings about the independence o
Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
e.g., United States v. Armstrong, 517 U.S. 456, 463-66 (1996) (examining the Equal Protection Clause's prohibition on racially- motivated charging); Wayte v. United States, 470 U.S. 598, 608 (1985) (holding due process bars prosecution in retaliation for exercising fundamental rights); Kolender v. Lawso
Page: HOUSE_OVERSIGHT_016514 →cal governments harms local styles of democracy); Harvey A. Silverglate & Emma Quinn-Judge, Tawdry or Corr
Page: HOUSE_OVERSIGHT_016545 →Entities connected to both Harvey Weinstein and Wayte

Jeffrey Epstein
PERSON
Prince Andrew
PERSON
Donald Trump
PERSON
Alan Dershowitz
PERSONLeon Black
PERSON
George W. Bush
PERSON
Bill Clinton
PERSON
United States
LOCATION
Marc Rich
PERSON
Bradley Edwards
PERSON
Department of Justice
ORGANIZATION
Julie K. Brown
PERSON
Woody Allen
PERSON
Eric Trump
PERSONthe Southern District
LOCATION
Barry Diller
PERSON
Scarlett Johansson
PERSON
Paul Ryan
PERSON
Michael Jackson
PERSON
Virginia Giuffre
PERSON