Epstein Secrets

it has identified. Because the information provided by these women goes directly to the question of Mr. Epstein's guilt or innocence, it is classic Brady information. We understand that the U.S. Attorney might not want to disclose impeachment information about their witnesses prior to a charge or dur

the relevant federal statutes unambiguously indicate that these statutes were designed to address problems of a national and international Justice Stevens, in his concurring opinion, also acknowled d the rule of lenity, calling the plurality opinion's discussion of that rule "surely persuasive." United

it has identified. Because the information provided by these women goes directly to the question of Mr. Epstein's guilt or innocence, it is classic Brady information. We understand that the U.S. Attorney might not want to disclose impeachment information about their witnesses prior to a charge or dur

the relevant federal statutes unambiguously indicate that these statutes wcrc designed to address problems of a national and international Justice Stevens, in his concurring opinion, also acknowledged the Me of lenity, calling the plurality opinion's discussion of that rule "surely persuasive." United

4. 918. "A Bacterial Printing Press that Regenerates its Ink: Contact Printing Bacteria Using Hydrogel Stamps", Weibel, D. B., Lee, A., Mayer, M., Brady, S. F., Bruzewicz, D. A., Yang, 1, DiLuzio, W., Clardy, J. and Whitesides, G. M., Langmuir, 2005, 21, 6436-6442. 917. 916. "Water-Soluble Sacrifi

M., MRS Bulletin, 2005, 30, 736-742. 929. "Direct Patterning of Mammalian Cells onto Porous Tissue Engineering Substrates using Agarose Stamps", Stevens, M. M., Mayer, M., Anderson, D. G., Weibel, D. B., Whitesides, G. M. and Langer, R., Biomaterials, 2005, 26, 7636-7641. 928. "Imaging Patterns of

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

is a red herring. Also, the canon of constitutional avoidance does not apply here because the CVRA is plain and unambiguous. See United States v. Stevens 559 U.S. 460, 481, 130 S. Ct 1577, 1591-92, 176 L.Ed.2d 435 (2010) (providing that courts cannot "rely upon the canon of construction that 'ambigu

mann v. Fla. Dep't of Colt, 940 F.3d 559, 580 (11th Cir. 2019) ("Although we conclude that the district court properly determined that Riechmann's Brady claim was procedurally defaulted, we will briefly address the substance of the underlying Brady claim, which we alternatively find lacks merit.");

opinion invokes the canon of constitutional avoidance, it does not apply here because there is no ambiguity in the CVRA text. See United States v. Stevens. 559 U.S. 460, 481, 130 S. Ct. 1577. 1591-92. 176 L.Ed.2d 435 (2010) (providing that courts cannot 'rely upon the canon of construction that 'ambig

ntifying these witnesses and their prior statements are exculpatory evidence, which must be disclosed pursuant to the government's obligations under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny.' Second, the Court should order the government to disclose the Materials under Rule 16 because th

P. 16(a)(1)(E). Evidence is material under Rule 16 if it "could be used to counter the government's case or to bolster a defense." United States v. Stevens, 985 F.2d 1175, 1180 (2d Cir. 1993). "The materiality standard [of Rule 16] normally is not a heavy burden; rather, evidence is material as long as

convicted. Under these cir- cumstances we choose not to catalogue the S. Rich also argues that the Govemmeeyy breached its duty of disclosure under Brady Maryland. 373 U.S. 83. 83 S.Q. 1194. Ib L.Edld 313 (1963). by failing to release Was- goner's grand jury testimony. Under Brady, governmental supp

r be reviewed de novo, it determined that appellate courts thereafter would apply a "reasonableness" standard of review. According to Justice Stevens, the Court "expressly equated" reasonableness review "with the old abuse-of-discretion standard used to review sentencing departures." 1?i

0-AT Document 35 Filed 04/24/20 Page 3 of 34 TABLE OF AUTHORITIES 27 passim Cases Amnesty Int'l USA v. CIA, 728 F. Supp. 2d 479 (S.D.N.Y. 2010) Brady v. Maryland, 373 U.S. 83 (1963) Color of Change v. United States Dep't of Homeland Sec., 325 F. Supp. 3d 447 (S.D.N.Y. 2018) 27 Dept of Interior

United States v. Southland Corp., 760 F.2d 1366 (2d Cir. 1985) 15 United States v. Stein, 424 F. Supp. 2d 720 (S.D.N.Y. 2006) 21 United States v. Stevens, 985 F.2d 1175 (2d Cir. 1993) 9, 12 United States v. Thomas, 116 F.3d 606 (2d Cir. 1997) 12 United States v. Undenvood, No. 04 Cr. 424 (RWS), 200

AGE BREAK --- Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 13 of 34 demand for it. 267 F.3d at 146. The court held that as a general rule, Brady and its progeny do not require immediate disclosure of all impeachment material upon a defendant's request. Id. It found that the time required for

USION 29 EFTA00031264 --- PAGE BREAK --- TABLE OF AUTHORITIES Cases 27 passim Amnesty Int'l USA v. CIA, 728 F. Supp. 2d 479 (S.D.N.Y. 2010) Brady v. Maryland, 373 U.S. 83 (1963) Color of Change v. United States Dep't of Homeland Sec., 325 F. Supp. 3d 447 (S.D.N.Y. 2018) 27 Dep't of Interior

United States v. Southland Corp., 760 F.2d 1366 (2d Cir. 1985) 15 United States v. Stein, 424 F. Supp. 2d 720 (S.D.N.Y. 2006) 21 United States v. Stevens, 985 F.2d 1175 (2d Cir. 1993) 9, 12 United States v. Thomas, 116 F.3d 606 (2d Cir. 1997) 12 United States v. Underwood, No. 04 Cr. 424 (RWS), 200

uld be disclosed when defendants make a 7 EFTA00031274 --- PAGE BREAK --- demand for it. 267 F.3d at 146. The court held that as a general rule, Brady and its progeny do not require immediate disclosure of all impeachment material upon a defendant's request. Id. It found that the time required for

s it has identified. Because the information provided by these women goes directly to the question of Mr. Epstein’s guilt or innocence, it is classic Brady information. We understand that the U.S. Attorney might not want to disclose impeachment information about their witnesses prior to a charge or durin

f the relevant federal statutes unambiguously indicate that these statutes were designed to address problems of a national and international Justice Stevens, in his concurring opinion, also acknowledged the rule of lenity, calling the plurality opinion’s discussion of that rule “surely persuasive.” United