Epstein Secrets

and "respect for the victim's dignity and privacy" have created a substantive due process right. Similarly unavailing is petitioners' reliance upon Brady v. Maryland, 373 U.S. 83 (1963), and other criminal law cases finding a due process obligation on the government's part to disclose exculpatory and

04/07/2011 Page 4 of 9 2007 WL 951666 at *1. Other attempts to engraft discovery rights onto the CVRA have also been rejected. In United States v. Moussaoui, 483 F.3d 220 (4th Cir. 2007), several victims in the September 11, 2001 terrorist attacks sought access to files and records provided by the govern

withhold relevant information contrary to its position in court. In their motion (at pp. 5-9), the victims explained why fairness entitles them to "Brady" information (i.e., information contradicting the Government's position) no less than criminal defendants. In response, the Government does not eve

decided to withhold — and victims are deprived of the chance to place that information before the Court. The Government also cites United States v. Moussaoui, 483 F.3d 220 (4th Cir. 2007). Moussaoui is completely irrelevant to this case, as it involved efforts by civil litigants to intervene in a crimina

reasonableness."); / Kyles v. Whitley, 514 U.S. 419, 432-33, 115 S. Ct. 1555, 1565, 131 L.Ed.2d 490 (1995) (under the Due Process Clause and 11 Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L.Ed.2d 215 (1963), prosecutors must disclose all evidence, upon request, that is favorable to the def

ng given that the CVRA was enacted to protect crime victims' rights and ensure their involvement in the criminal justice process. United States v. Moussaoui, 483 F.3d 220, 234 (4th Cir. 2007);? II Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1016 (9th Cir. 2006) ("The [CVRA] was enacted to make crime vict

e attorneys representing criminals, the Office would promptly turn over all information in its possession that was helpful to these criminals under Brady' Maryland, 373 U.S. 83 (1963), and related decisions. Victims' counsel asked the Office to extend to the victims the same assistance that it would p

04/07/2011 Page 4 of 9 2007 WL 951666 at *1. Other attempts to engraft discovery rights onto the CVRA have also been rejected. In United States'. Moussaoui, 483 F.3d 220 (4h Cir. 2007), several victims in the September 11, 2001 terrorist attacks sought access to files and records provided by the governm

e attorneys representing criminals, the Office would promptly turn over all information in its possession that was helpful to these criminals under Brady v. Maryland, 373 U.S. 83 (1963), and related decisions. Victims' counsel asked the Office to extend to the victims the same assistance that it would

04/07/2011 Page 4 of 9 2007 WL 951666 at '1. Other attempts to engraft discovery rights onto the CVRA have also been rejected. In United States v. Moussaoui, 483 F.3d 220 (41h Cir. 2007), several victims in the September 11, 2001 terrorist attacks sought access to files and records provided by the govern

e attorneys representing criminals, the Office would promptly turn over all information in its possession that was helpful to these criminals under Brady. Maryland, 373 U.S. 83 (1963), and related decisions. Victims' counsel asked the Office to extend to the victims the same assistance that it would p

04/07/2011 Page 4 of 9 2007 WL 951666 at '1. Other attempts to engraft discovery rights onto the CVRA have also been rejected. In United States'. Moussaoui, 483 F.3d 220 (41h Cir. 2007), several victims in the September 11, 2001 terrorist attacks sought access to files and records provided by the govern