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

tions. Federal courts have had broad authority to fashion equitable remedies after petitioners have proven a violation of statutory provisions. It Hardison v. Cohen, 375 F.3d 1262, 1266 (11th Cir. 2004); Nichols v. Ho per 173 F.3d 820, 824 (11th Cir. 1999); C e Ala. Hosp Ass'n v Beasley, 702 £2d 955, 962 (1 I

course of litigation, unless a court has made a specific finding of misconduct by a DOJ attorney . . . ." Letter from Robin C. Ashton to Professor Paul G. Cassell, May 6, 2001, attached as Exhibit 1 to Victim's Mot. File Supp. Auth. DE #82. Accordingly, an order by this Court making "a specific finding of mis

Letter from Robin C. Ashton to Professor Paul G. Cassell, May 6, 2001, attached as Exhibit 1 to Victim's

:08-cv-80736-KAM Document 127 Entered on FLSD Docket 12/05/2011 Page 6 of 25 historically had broad authority to fashion equitable remedies . . . ." Hardison v. Cohen, 375 F.3d 1262, 1266 (11th Cir. 2004). The Eleventh Circuit has expressly required district courts to fashion appropriate equitable remedies when p

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

scheme for enforcement of congressionally-created rights, the courts must give "appropriate judicial deference toward the will of Congress . . . ." Hardison v. Cohen, 375 F.3d 1262, 1264 (11th Cir. 2004) (internal quotation omitted). Congress is "in a better position to decide whether or not the public interest