Epstein Secrets

eached. In rejecting the Department’s posi- tion, the Fifth Circuit held that “the govern- ment should have fashioned

ee circuits had reached the opposite conclusion? GOVERNMENT'S RIGHT TO ASSERT ERROR DENIAL OF VICTIMS’ RIGHTS

victims.” The victims sought appellate review in the Fifth Circuit.°’ There, the court concurred with the district c

sonable right to confer with the attorney for the Government.” At least in the posture of this case (and we do

participants in the criminal justice process. As the Fifth Circuit explained in reversing a trial court which had al

overning information subject to disclosure by the Government in criminal cases, nor any other federal rule or

the district court in the Does case also rejected Government efforts to dismiss the action. The district court

before charges have been filed, courts have uniformly agreed with the victims’ position. Perhaps the leading case to date to assess this question is the Fifth Circuit's decision in In re Dean. °° There, a wealthy corporate criminal defendant reached a generous plea deal with the Government - a deal that the Governmen

poster explicitly states that it is an “official Government Notice’; nothing in the poster is attributed to t

Lines did not find that a general statement of authority can never meet the APA’s requirements to specify the legal authority for the rule. Instead, the Fifth Circuit held that that portion of the APA is violated when an agency chooses to rely on additional statutory provisions in support of its rule for the first