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Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« on: July 14, 2019, 01:14:05 pm »
 National Review ›

Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution
Andrew C. McCarthy July 13, 2019

Double-jeopardy rules almost certainly prohibit settling a federal case and then prosecuting it again in federal court.

Alex Acosta did a bad job on the Jeffrey Epstein case. This column was nearly finished when news broke Friday that he would resign as labor secretary. I was going to argue that his lapses did not justify joining the nakedly political mau-mauing by Democrats who have no interest in exploring the behavior of Democrats who are neck-deep in a monstrous pedophile’s activities. My friend Jennifer Braceras has ably addressed that point in a Washington Examiner column. I was also going to add that I’d shed no tears if President Trump forced Acosta out — easy for me to say, since I think (a) he should never have been nominated in the first place, and (b) his commitment to Trump’s deregulation agenda has never been sufficiently ardent.

Under the circumstances, I’ll spare you a few hundred words of critique on Acosta’s indecorous performance. Instead, to cut to the chase, I do not believe we can yet total up the wages of the sweetheart deal he cut for Epstein while he was U.S. attorney for the Southern District of Florida (SD-Florida). The commentariat is glibly assuming the courts will give the feds a second bite at the apple by allowing the U.S. attorney for the Southern District of New York (SDNY) to prosecute the charges that Acosta forfeited. I don’t think so.

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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #1 on: July 14, 2019, 01:49:09 pm »
@Bigun

Some Grrrr here....

(I had assumed that the SDNY case was bringing new charges on new offenses.)

Is Andy jumping the gun here? 

Will time bring new charges on new offenses?  We assumed that superseding indictments were sure to come, is it farfetched to assume they will be new charges on new offenses?
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #2 on: July 14, 2019, 02:10:16 pm »
Quote
National Review ›

Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution
Andrew C. McCarthy July 13, 2019

Double-jeopardy rules almost certainly prohibit settling a federal case and then prosecuting it again in federal court.


This story is ridiculous.  SDNY Justice Department prosecutors were perfectly free to go after Epstein at the same time Acosta was investigating him.  But these New York officials chose to do nothing that would tar this Democrat Party donor.  And double jeopardy doesn't apply to anything Epstein has done since 2008.
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #3 on: July 14, 2019, 02:23:03 pm »
McCarthy seems to be assuming Epstein committed no crimes since 2008.  Maybe that's all that's being charged at the moment, but i always thought the charges on the table now are just so they can hold him.
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #4 on: July 14, 2019, 02:31:22 pm »
Quote from: Cyber Liberty on July 14, 2019, 02:23:03 pm
McCarthy seems to be assuming Epstein committed no crimes since 2008.  Maybe that's all that's being charged at the moment, but i always thought the charges on the table now are just so they can hold him.

Exactly what I had been thinking.  Andy seems to be jumping the gun here.....   or is he?
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #5 on: July 14, 2019, 03:16:05 pm »
Quote from: EdJames on July 14, 2019, 02:31:22 pm
Exactly what I had been thinking.  Andy seems to be jumping the gun here.....   or is he?

I have no idea what special information he has.  I hope the SDNY has more to go on than ancient crimes from the Naughts.
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #6 on: July 14, 2019, 03:55:01 pm »
Quote from: EdJames on July 14, 2019, 01:49:09 pm
@Bigun

Some Grrrr here....

(I had assumed that the SDNY case was bringing new charges on new offenses.)

Is Andy jumping the gun here? 

Will time bring new charges on new offenses?  We assumed that superseding indictments were sure to come, is it farfetched to assume they will be new charges on new offenses?

I hope Andy is jumping the gun @EdJames!  The whole context of my question to you up thread was about the ability of a U.S. Attorney in one jurisdiction being able to preclude someone's prosecution for crimes committed in another jurisdiction.
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #7 on: July 14, 2019, 04:06:32 pm »
Quote from: Bigun on July 14, 2019, 03:55:01 pm
I hope Andy is jumping the gun @EdJames!  The whole context of my question to you up thread was about the ability of a U.S. Attorney in one jurisdiction being able to preclude someone's prosecution for crimes committed in another jurisdiction.

Well, it looks like Andy has seen the document as he provides excerpts...  he doesn't link it in, and I have not seen it available elsewhere....

He mentions that it contains very blanket statements such as "offenses against the United States" a few times.

And also brings out:

Quote
The non-pros further elaborates that Epstein’s conduct occurred with persons “known and unknown” to investigators. Implicitly, this is a statement that, while the government was aware of the kind of offenses that Epstein had committed, its evidence was not so comprehensive that it was aware of every single person involved. That is, with respect to Epstein, the agreement was meant to encompass all instances of the offenses described, even if the investigation had not yet identified all potential conspirators and victims.

So, assuming that Andy is correct about this, we all better be hoping that SDNY has new charges for new crimes that are not covered by what appears to be a big safety net that was thrown to Epstein...

@Bigun
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Offline Right_in_Virginia

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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #8 on: July 14, 2019, 04:14:16 pm »
Quote
The deal also did not prevent U.S. attorneys outside the Southern District of Florida from pressing charges — as Berman did in his indictment on two counts of sexual trafficking between 2002 and 2005. Acosta told reporters that over the past decade, he kept reading about investigations of Epstein and he was glad New York “finally” stepped up.

 https://spectator.org/acosta-the-only-prosecutor-to-put-jeffrey-epstein-behind-bars-loses-his-job/
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #9 on: July 14, 2019, 04:17:59 pm »
Quote from: Right_in_Virginia on July 14, 2019, 04:14:16 pm
The deal also did not prevent U.S. attorneys outside the Southern District of Florida from pressing charges — as Berman did in his indictment on two counts of sexual trafficking between 2002 and 2005. Acosta told reporters that over the past decade, he kept reading about investigations of Epstein and he was glad New York “finally” stepped up.

 https://spectator.org/acosta-the-only-prosecutor-to-put-jeffrey-epstein-behind-bars-loses-his-job/

http://www.gopbriefingroom.com/index.php/topic,368414.msg2009468/topicseen.html#msg2009468
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #10 on: July 14, 2019, 05:56:20 pm »
Quote from: EdJames on July 14, 2019, 04:06:32 pm
Well, it looks like Andy has seen the document as he provides excerpts...  he doesn't link it in, and I have not seen it available elsewhere....

He mentions that it contains very blanket statements such as "offenses against the United States" a few times.

And also brings out:

So, assuming that Andy is correct about this, we all better be hoping that SDNY has new charges for new crimes that are not covered by what appears to be a big safety net that was thrown to Epstein...

@Bigun

@Ed James If Epstein truly is/was an Israeli asset all bets are off but I'm hoping that SDNY is charging with crimes committed in THAT jurisdiction.  I think that is pretty much all they CAN do unless things have mightily changed in the last several years.

P.S. I have not yet seen the SDNY charging documents.  Did I miss them?
« Last Edit: July 14, 2019, 05:57:22 pm by Bigun »
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #11 on: July 14, 2019, 06:04:08 pm »
Quote from: Bigun on July 14, 2019, 05:56:20 pm
@Ed James If Epstein truly is/was an Israeli asset all bets are off but I'm hoping that SDNY is charging with crimes committed in THAT jurisdiction.  I think that is pretty much all they CAN do unless things have mightily changed in the last several years.

P.S. I have not yet seen the SDNY charging documents.  Did I miss them?

Available here: https://www.justice.gov/usao-sdny/press-release/file/1181016/download
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #12 on: July 14, 2019, 06:11:26 pm »
Quote from: EdJames on July 14, 2019, 06:04:08 pm
Available here: https://www.justice.gov/usao-sdny/press-release/file/1181016/download

Thanks @EdJames!  Cursory reading indicates that they appear to include several references to his home in NY which I highly doubt anything Acosta signed in Florida will have any impact on at all. Could be VERY wrong but if it does that, in itself, is HIGHLY unusual if not totally unheard of.
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #13 on: July 14, 2019, 06:12:31 pm »
Quote from: EdJames on July 14, 2019, 06:04:08 pm
Available here: https://www.justice.gov/usao-sdny/press-release/file/1181016/download

SDNY Prosecutors are going to have to do better than a crime spree that ended in 2005.  If that's all they got then McCarthy's correct in his assessment in the OT.
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #14 on: July 14, 2019, 06:16:58 pm »
Quote from: Bigun on July 14, 2019, 06:11:26 pm
Thanks @EdJames!  Cursory reading indicates that they appear to include several references to his home in NY which I highly doubt anything Acosta signed in Florida will have any impact on at all. Could be VERY wrong but if it does that, in itself, is HIGHLY unusual if not totally unheard of.

Well, that is the gist of what Andy is saying....  A very unusual blanket agreement....
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #15 on: July 14, 2019, 06:17:23 pm »
Quote from: Cyber Liberty on July 14, 2019, 06:12:31 pm
SDNY Prosecutors are going to have to do better than a crime spree that ended in 2005.  If that's all they got then McCarthy's correct in his assessment in the OT.

They've got to bring more....
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #16 on: July 14, 2019, 07:28:04 pm »
Quote from: EdJames on July 14, 2019, 06:16:58 pm
Well, that is the gist of what Andy is saying....  A very unusual blanket agreement....

So who is /was the puppeteer?
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"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #17 on: July 14, 2019, 07:30:32 pm »
Quote from: Bigun on July 14, 2019, 07:28:04 pm
So who is /was the puppeteer?

We may never know....
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #18 on: July 14, 2019, 07:46:40 pm »
Quote from: EdJames on July 14, 2019, 07:30:32 pm
We may never know....

We know who the AG was at the time. ..
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"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #19 on: July 14, 2019, 07:51:51 pm »
Quote from: Bigun on July 14, 2019, 07:46:40 pm
We know who the AG was at the time. ..

That we do....  and who was POTUS...

(I've seen it speculated that it was a call from the top, along the lines of: take this off the shelf, election is coming up and anything that gets too close to WJC may look bad for HRC....  if you recall, all this got underway before the Democrat candidate for 2008 was chosen...)

 :shrug:
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Re: Acosta’s Sweetheart Deal Likely to Foreclose Epstein’s SDNY Prosecution ...Andrew C. McCarthy
« Reply #20 on: July 14, 2019, 08:03:21 pm »
Quote from: EdJames on July 14, 2019, 07:51:51 pm
That we do....  and who was POTUS...

(I've seen it speculated that it was a call from the top, along the lines of: take this off the shelf, election is coming up and anything that gets too close to WJC may look bad for HRC....  if you recall, all this got underway before the Democrat candidate for 2008 was chosen...)

 :shrug:

I'm far beyond being surprised by anything now days.
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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien
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