Epstein Secrets

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

Ct. 2749, 2765, 165 L.Ed.2d 723 (2006); see also Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretati

ncluded in other provisions of the same statute."C a Hamdan v. Rumsfeld, 548 U.S. 557,578, 126 S. Ct. 2749, 2765, 165 L.Ed.2d 723 (2006); see also Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 170 (2012) ("[W]here a document has used one term *1237 in one place, and a materi

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.");

as importantly, what it didn't write"); see also Antonin Scalia & Bryan A. Gamer, Reading Law: The Interpretatio

ny field of statutory interpretation, it is our duty to respect not only what Congress wrote but, as importantly, what it didn't write"); see also Antonin Scalia & Bryan A. Gamer, Reading Law: The Interpretation of Legal Texts 182 (2012) ("The familiar `easy-to-say-so-if-that-is-what-was-meant' rule of statuto

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

violations of 18 U.S.C. §§ 1591, 2422(b) and 2423(b). Since the limited review conducted by CEOS, two Supreme Court decisions—one authored by Justice Scalia and the other by Justice Thomas—have revitalized the bedrock principles that federal criminal statutes must be narrowly construed, that they may not

de v. McLaughlin, 500 U.S. 44, 52-58 (1991) (defining "prompt" under Gerstein's requirement of a prompt judicial determination of probable cause). 6 Brady v. Maryland, 373 U.S. 83, 86 (1963) (holding prosecution's withholding of the confession of defendant's confederate violated defendant's due process

ivate benefits that criminal justice is now widely recognized to afford, and owe, to victims. 27 See Morrison v. Olson, 487 U.S. 654, 727-28 (1988) (Scalia, J., dissenting) ("Law enforcement is not automatic ... . What every prosecutor is practically required to do is to select the cases for prosecution

dopted amendments to their own state constitutions, | which protect a wide range of victims’ rights. ® Payne v. Tennessee, 501 U.S. 808, 834 (1991) (Scalia, J., concurring) (internal quotations omitted). See generally Douglas E. Beloof, Paul G. Cassell & Steven J. Twist, Victims in Criminal Procedure 638

lso United States v. Ruiz, 536 U.S. 622, 629 (2002) (quoting Weatherford, 429 U.S. at 559). 298 Wardius v. Oregon, 412 U.S. 470,474 (1973). 299 See Brady v. Maryland, 373 U.S. 83, 87 (1963). 300 See United States v. Bagley, 473 U.S. 667, 675 (1985). 301 United States v. Garrett, 238 F.3d 293, 302 (St

gh legal action or public pressure. Trump also intends to immediately begin the process of filling the Supreme Court vacancy created by the death of Antonin Scalia in early 2016 —one that could spark fireworkson Capitol Hilland acrossthe country’s highly charged political environment. How Republicans, Democrats,

l be consideration of expiring tax provisions, House and Senate miscellaneous tax bills, and tax technical corrections. House Ways and Means Chairman Brady is opposed to addressing tax extender provisions this year, preferring to look forward to tax reform; that could also be the position taken on other

tions that a deceased witness might have provided favorable testimony do not justify dismissing an indictment for delay. See, e.g., United States v. Scala, 388 F. Supp. 2d 396, 399-400 (S.D.N.Y. 2005). The Court agrees with this approach. Maxwell 17 EFTA00020277 --- PAGE BREAK --- Case 1:20-cr-003

nfer on an overall schedule for all remaining pretrial disclosures. A. The Court accepts the Government's representations that it has disclosed all Brady and Giglio Material The Supreme Court's decisions in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) require

tions that a deceased witness might have provided favorable testimony do not justify dismissing an indictment for delay. See, e.g., United States v. Scala, 388 F. Supp. 2d 396, 399-400 (S.D.N.Y. 2005). The Court agrees with this approach. Maxwell 17 EFTA00022107 --- PAGE BREAK --- Case 1:20-cr-003

nfer on an overall schedule for all remaining pretrial disclosures. A. The Court accepts the Government's representations that it has disclosed all Brady and Giglio Material The Supreme Court's decisions in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) require

tions that a deceased witness might have provided favorable testimony do not justify dismissing an indictment for delay. See, e.g., United States v. Scala, 388 F. Supp. 2d 396, 399-400 (S.D.N.Y. 2005). The Court agrees with this approach. Maxwell 17 EFTA00029556 --- PAGE BREAK --- Case 1:20-cr-003

nfer on an overall schedule for all remaining pretrial disclosures. A. The Court accepts the Government's representations that it has disclosed all Brady and Giglio Material The Supreme Court's decisions in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) require