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Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 160 of 239
The defendant, therefore, argues that the questioner asked whether a logically impossible
event occurred or will occur at some poi
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 155 of 239
interactions with the defendant and Epstein at Epstein’s various properties. See, e.g., Indictment
{ 7(a) (“MAXWELL subsequently i
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 154 of 239
A. I interviewed people for jobs for professional things and I am not
aware of anyone aside from now Virginia who clearly was a
ma
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 156 of 239
denial ...”). A properly instructed jury could conclude after hearing all of the evidence at trial
that the defendant intended the
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 150 of 239
jury.”). At this stage, the defendant must identify defects so fundamental that the charged
statements cannot, as a matter of law,
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 147 of 239
to determine the meaning that a defendant assigns to a specific question.” J/d.; see, e.g. United
States v. Sampson, 898 F.3d 287,
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 140 of 239
hearing requires “an affidavit of someone with personal knowledge of the underlying facts.”
United States v. Shaw, 260 F. Supp. 2d
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 138 of 239
The law is clear that a district court’s supervisory authority does not extend to suppressing
evidence absent some violation of th
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 137 of 239
designed to deter illegal conduct.’” Coke, 2011 WL 3738969, at *6 (quoting United States v.
Hastings, 461 U.S. 499, 505 (1983)). “
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 132 of 239
government behavior, that Amendment, not the more generalized notion of substantive due
process, must be the guide for analyzing t
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 131 of 239
misconduct that would justify the extraordinary remedy the defendant seeks—the motion must be
denied.
a. Applicable Law
The Due
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 127 of 239
lawsuit against the defendant or took her deposition years before the Government initiated its own
investigation. The defendant of
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 126 of 239
behavior by a private party seeking to secure evidence against a defendant does not make that
evidence inadmissible.” Connelly, 47
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 121 of 239
“The government bears the burden of proving inevitable discovery by a preponderance of
the evidence.” Stokes, 733 F.3d at 444 (cit
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 124 of 239
element which influences a criminal suspect to make incriminating admissions.” Jd. The question
is not whether a witness was encou
Case 1:20-cr-00330-PAE Document204 _ Filed 04/16/21 Page 119 of 239
Second, the Government did not misrepresent the extent of its knowledge of the contents
of Boies Schiller’s files. As the Governmen
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 116 of 239
court modified the protective order and issued a 26-page decision. The Government acted in
reasonable reliance on the district cou
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 113 of 239
at 10), the Court should reject the defendant’s efforts to twist Carpenter’s exception to the third
party rule beyond recognition.
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 110 of 239
expectation of privacy in the places and items that were searched; and (2) whether that expectation
was one that society accepts a
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 102 of 239
2016 deposition transcript. (See 15 Civ. 7433 (LAP), Dkt. No. 1077). Maxwell appealed Judge
Preska’s order, arguing that the court
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 101 of 239
provided to Boies Schiller shortly after it was issued. The materials provided by Boies Schiller
included, in addition to depositi
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 99 of 239
On or about April 9, 2019, Chief Judge McMahon granted the Government’s application
and issued a memorandum and order. (Def. Mot. 3
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 95 of 239
materials in violation of a protective order, without first obtaining authorization from the court,
because the court would have gr
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 91 of 239
Ex. 7), but AUSA-1 does not recall the details of that conversation (see Ex. 4 at 4), nor is the
Government aware of any notes or o
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 90 of 239
4at 1,4). During the meeting, the attorneys referenced multiple individuals who worked for and/or
helped Epstein, including Maxwell
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 84 of 239
process, the inference that the defendant urges this Court to draw—that the Government delayed
seeking an indictment to gain a tact
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 78 of 239
to the instant prosecution, is insufficient to show actual prejudice. .. . The fact that evidence may
be lost or destroyed during t
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 73 of 239
omitted)). The defendant has not and cannot establish that Epstein would have been available to
testify in the first instance, much
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 74 of 239
2018 respectively, would have testified, and that such testimony would have been exculpatory and
would have materially helped the d
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 66 of 239
rather, has evinced a general intention to “cast a wide net to ensnare
as many offenses against children as possible.”
Schneider,
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 65 of 239
broad definition, courts have held that Section 3283 “does not require that an offense consist of a
sexual act between a defendant
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 64 of 239
explicit conduct or the rape, molestation, prostitution, or other form
of sexual exploitation of children, or incest with children.
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 60 of 239
773 F.3d 138, 145 (4th Cir. 2014) (“[A]pplying [an] extended limitations period to claims that
were unexpired at the time of its en
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 59 of 239
defendant, in 2003, Congress wanted to ensure that every perpetrator who abused a minor in the
future was subject to prosecution fo
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 5/7 of 239
The defendant argues that Congress did not intend for Section 3283 to apply to pre-
enactment conduct, and asserts that the legisl
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 55 of 239
impermissible retroactive effects.” /d. For the reasons set forth below, the 2003 amendment of
18 U.S.C. § 3283 satisfies both step
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 52 of 239
Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, tit. XXCXTII,
§ 330018(a), 108 Stat. 1796, 2149 (codifi
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 39 of 239
OPR that “he did not recall having read the NPA at this juncture and ‘had no involvement with it.’
OPR Report at 64 n. 105.’
Beyon
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 36 of 239
prosecutions by those two offices, and only those two offices.4 The defendant therefore cannot
argue that the word “global” in this
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 26 of 239
Washington v. Glucksberg,
521], TLS. FOR (LOST) sosscarsss sasomscmicsws scrsivin omit ceireook SONSIW cS NON ASISEOS dh SAaNEGAON
Case 1:20-cr-00330-PAE
Document 204 Filed 04/16/21 Page 27 of 239
28 ULS.C. § 1869(C) oo eeceecesecsesseesesseessecnaecssesseesaeseeaecsaecnaesaeesaeeseesaeenaeenaesaeesaeeseeaeenaes 198, 200
28 USA
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 25 of 239
United States v. Walker,
191 F.3d 326 (20 Cie, 1990) voces Garces INE GARLAND ENRON RATER AOE RA 70
United States v. Walsh,
194 F
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 23 of 239
United States v. Schafrick,
STL Fi2d SOC Cad Cit, [982 ) surccne.ionsenes esemressceraies eames <ancesk eaters can (AneoR ANE a AT
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 24 of 239
United States v. Sweig,
AA Fit 114 GeGite LOTT) vcccoescsmer acoso memes aceon stemns i amcenesioiotes ean 207, 211, 217
United St
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 22 of 239
United States v. Rubin,
600 Tid Fl 20 Cie, 279): otras oot CL EON CELA ANNE EatE 61
United States v. Rubinson,
$43 F.2d 951 (2d C
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 21 of 239
United States v. Rahimi,
No. 16 Cr. 760 (RMB), 2017 WL 2984169 (S.D.N.Y. June 22, 2017)......cccceceeseereeseeteeteeens 225
United
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 17 of 239
United States v. Israel,
OS Ge, LOB (EID) secre. eiannacnes estos estrone i. anetcan NS ATONE NEN REN I ANON AN 286
United States
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 20 of 239
United States v. Nitsche,
S43 F. Supe. 28. 4 (BI, 20] Dione scence cmc sccns escescnesannene este tee SiAcNnOCNE smc 201, 202
Unit
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 18 of 239
United States v. Lawson,
605 Pid GSS (20 iG 1982) scccesancs oe CARON MAURER CANE ANNE & 60, 78
United States v. Leo Sure Chief,
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 19 of 239
United States v. McDarrah,
BS), Fe Aa S56 (2d C2, 2009) conc escoemensoseaet acme cvs santero mens eam ON ANON AN 257
United State