Epstein Secrets

—and we needn't do so even in this case. We cite Professor Cassell's article here (and elsewhere) for several reason

agreement that these "proceeding"-focused rights apply only after the filing of a complaint or criminal charges. See Reply in Supp. of Pet. at 17; Paul G. Cassell, et aL, Crime Picini's' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed, 104 J. of

they assert that the term "case" can "refer both to a judicial case before a court and an investigative case pursued by a law enforcement officer," Cassell et al., supra, at 72 (emphasis added).9 Although it's true, at least in the abstract, that the term "case" can mean either thing, in legal parlanc

on, like the change of position by the Justice Department's local U.S. Attorney's Office, came only after Epstein's victims filed this lawsuit. See Mohasco Corp. v. Silver, 447 U.S. 807, 825, 100 S. Ct. 2486, 2497, 65 L.Ed.2d 532 (1980) (holding that an agency's "interpretation' of a statute cannot supersede

2011) (statement of Sen. Kyl) (quoting his Nov. 2, 2011, letter to Attorney General Holder which, in turn, quotes this Court's decision); see also Paul G. Cassell, Nathanael J. Mitchell & Bradley J. Edwards, Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Cr

quotes this Court's decision); see also Paul G. Cassell, Nathanael J. Mitchell & Bradley J. Edwards, Cri

was relieved of its CVRA obligations. Of course, an agency's own "'interpretation' of the statute cannot supersede the language chosen by Congress." Mohasco Corp. v. Silver, 447 U.S. 807, 825 (1980). Whatever the Attorney General may have said in his Guideline, the ultimate issue in this case remains what the

ecution.' " Id. at 22. Thus, she says, our interpretation impermissibly renders the terms "detection" and "investigation" meaningless. Id.; see also Paul G. Cassell et al., Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed, 104 J. Crim

9:08-cv-80736-KAM Attorneys and Law Firms Paul Cassell, University of Utah College of Law, SALT LAKE CT

eading Law: The Interpretation of Legal Texts 170 (2012) ("A word or phrase is presumed to bear the same meaning throughout a text ...."); cf. also Mohasco Corp. v. Silver. 447 U.S. 807, 826, 100 S.Ct. 2486.65 L.Ed.2d 532 (1980) (rejecting interpretation that would "giv[e] the word 'filed' two different mean

Edwards Edwards Pottinger LP 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone : (800) 400-1098 E-Mail: [email protected] Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah* 383 S. University St. Salt Lake City, UT 84112 Telephone: (801) 585-5202 E-

: (800) 400-1098 E-Mail: [email protected] Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the

obligations to notify the victims. In any event, an agency's own "'interpretation' of a statute cannot supersede the language chosen by Congress." Mohasco Corp. v. Silver, 447 U.S. 807, 825 (1980). Given that the USAO-SDFL had told the victims that the CVRA applied, it was obligated to confer with them and

Bradley J. Edwards Edwards Pottin er LP Paul G. Cassell Pro Hac Vice This daytime business address is p

TATES JANE DOE 1 AND JANE DOE 2'S REPLY TO INTERVENOR EPSTEIN'S BRIEF IN OPPOSITION TO PROPOSED REMEDIES Bradley J. Edwards Edwards Pottin er LP Paul G. Cassell Pro Hac Vice This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutio

obligations to notify the victims. In any event, an agency's own "'interpretation' of a statute cannot supersede the language chosen by Congress." Mohasco Corp. v. Silver, 447 U.S. 807, 825 (1980). Given that the USAO-SDFL had told the victims that the CVRA applied, it was obligated to confer with them and