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To: Pearls Before Swine

The Bill Clinton-appointed judge was the only dissenter. The majority opinion was by a Trump appointee, and the concurrence was by Ford appointee.


4 posted on 04/14/2020 2:23:42 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian; yesthatjallen
Kevin Newsom (Trump judge), Gerald Tjoflat (Ford judge) and Frank Hull (Rapin Bill judge) were the three judge panel from the Eleventh Circuit.

Frank Hull dissent:

Given the undisputed facts that the U.S. Attorney’s Office completed its investigation, drafted a 53-page indictment, and negotiated for days with Epstein’s defense team, the Office egregiously violated federal law and the victims’ rights by

(1) not conferring one minute with them (or their counsel) before striking the final NPA deal granting federal immunity to Epstein and his co-conspirators,

(2) intentionally and unfairly concealing the NPA from the victims, as well as how the upcoming State Court plea hearing would directly affect them, and

(3) affirmatively misrepresenting the status of the case to the victims after the NPA was executed.

I would remand for the District Court [Southern District of Florida] to fashion a remedy.

For all of these reasons, I respectfully dissent from the Majority’s (1) decision that the crime victims of Epstein and his co-conspirators had no statutory rights whatsoever under the Crime Victims’ Rights Act, and (2) denial of the victims’ petition in this case as a matter of law.


9 posted on 04/14/2020 3:40:04 PM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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