Can a NPA be invalidated by a federal court?
agent-maroon said:
At least he had enough sense not to use the name "Epstein" if he was planning to hide in SA
Edit - reply was meant for BigCat22
A couple of things.Rapier108 said:
Can a NPA be invalidated by a federal court?
It does. Thanks.aggiehawg said:
There are a couple things at play here to answer your questions.
First, in 2002, the Statute of Limitations for certain offenses involving children were eliminated. Meaning conduct before 2002 was still covered by the old SOL, (five years, IIRC).
Second, the feds had assembled a 53 page indictment (not presented to the grand jury) but had obtained extensive search warrants from the grand jury, which had not been yet conducted. Presumably, Epstein's defense counsel either outright knew or had a pretty good idea what all was in that potential indictment. So, at a minimum, the NPA would apply to those specific allegations.
As to his other acts, either those predating 2002, or crimes not referred to in the proposed indictment (like tax evasion, for instance) were not addressed by the NPA. It was not a blanket immunity deal as the defense would have liked it to be.
It was an agreement and one that required Epstein's continual cooperation with registering as a sex offender in different locations and following the local rules to the letter, as well as other forms of cooperation, such as pleading guilty to the state charges in Florida. If he failed to follow through he would be in breach and the deal could be rescinded. (Such as still possessing child porn, as you mentioned.)
That's a thumbnail sketch but hope it helps.
Some legal talking heads were speculating earlier on Fox that it might end up before the Supreme Court.aggiehawg said:A couple of things.Rapier108 said:
Can a NPA be invalidated by a federal court?
According to DOJ rules, one US Attorney's office cannot bind another without their consent. However, if a political appointee such as the AG or the DAG signs off on it, it can be binding on other districts, in my view. (Absent coercion, fraud or bribery that is.)
Second, with the judicial finding that the NPA violated federal law with the concealment of the terms from the victims creates a separate issue. Is the agreement severable? Meaning parts are unforceable and other parts are? Or does the whole thing fail? TBH, I don't know how a court would choose to address that question. But if it were invalidated, that would be the more likely reason, IMO.
Easily could. If Epstein is granted bail and he's out, he would have his lawyers go for an appeal on the NPA issue before trial, giving him years before trial.Quote:
Some legal talking heads were speculating earlier on Fox that it might end up before the Supreme Court.
If the NPA is tossed; Epstein would appeal. If it is used by the judge to block any prosecution, the feds will appeal.
It would definitely make an interesting Supreme Court case.
Gateway mentions the fake news NYT, but they got it right in the recent storyaggiehawg said:
Just wanted to post a falsehood about Epstein's work as a teacher at Dalton HS. He was not, repeat, not hired by Bill Barr's father.
His father quit his job at Dalton in February 1974, as reported by the NYT.
Epstein started the following fall.
LINK
What's not clear is what the hiring vs starting timeline is for a school like Dalton. Looking at their recent job postings (e.g. Middle School Science teacher posted 5 months ago vs PE teacher posted in the summer) it could have been any time from Spring-Summer 1974 if the timeline was similar back then. The elder Barr would have been there for part of that.Quote:
In February 1974, Mr. Barr had announced that he was resigning as headmaster, protesting the meddling by the board of trustees, but that he would stay on until the end of the school year. It is unclear whether Mr. Barr hired Mr. Epstein during that time.
Mr. Epstein, from Brooklyn, was just 21 when he joined the faculty at Dalton, arriving without a college degree. The school's student newspaper reported in September 1974 that he was starting that year as a math and physics teacher.
But since the Trustees were so upset with him would they have allowed him to sign contracts with new teachers? Something tells me they would not.Quote:
The elder Barr would have been there for part of that.
The link to the story about his resignation makes it sound like it was more him being mad at the Trustees than the other way around, at least to my outsider reading.aggiehawg said:But since the Trustees were so upset with him would they have allowed him to sign contracts with new teachers? Something tells me they would not.Quote:
The elder Barr would have been there for part of that.
The story also makes it sound like the conflict was over budgets.Quote:
Mr. Barr's resignation, which the board says was not requested and not expected, comes after 10 frequently stormy years as head of Dalton, which is housed in an 11story, brick building at 108 East 89th Street.
Question of Authority
The source of conflict between the strongminded Mr. Barr and his 20member board seemed to center on the question of where the board's authority should yield to the headmaster's judgment. There was apparently no one incident that prompted the resignation, but the confrontation was exacerbated by financial pressures that have forced the school to set priorities.
"The issue is the prerogatives of the board and the headmaster," said Richard Ravitch, a construction company executive who is president of the board. "My sense of trusteeship and my understanding of the requirements of the state law And the bylaws of the school all say to me that it is the obligation of the trustees of an institution to make all the policies."
Irony in the Resignation
Ironically, the present board of trustees includes many parents who rose to Mr. Barr's defense when a faction of the former board and some of the parents sought his ouster in 1971. He was accused then of turning a "humanistic, progressive" school into one in which "discipline and authoritarian rule" were the hallmarks.
The issues then had nothing to do with this issue now," Mr. Ravitch said. "All of us who are now officers of the board were supportive of him in that fight and supported his educational philosophy."
This might actually answer the question of how Epstein got hired without a Bachelor's degree. Maybe he was replacing someone more expensive.Quote:
The growing financial constraints that have come to bear on privately supported institutions are known to have heightened tensions between Mr. Barr and the board over the question of the extent to which cutbacks should be made among faculty and staff members.
But he most definitely wouldn't have been hired by Barr, if the rest of that article is accurate. Nothing says "discipline" and "authoritarian" like hiring a long haired college drop-out to teach math and physics.Quote:
This might actually answer the question of how Epstein got hired without a Bachelor's degree. Maybe he was replacing someone more expensive.
Upon reflection, replacing someone as a cheaper hire would also be consistent with a later hire after Barr was gone, and regardless of who made the hire they didn't overlap at Dalton when the behavior was alleged.aggiehawg said:But he most definitely wouldn't have been hired by Barr, if the rest of that article is accurate. Nothing says "discipline" and "authoritarian" like hiring a long haired college drop-out to teach math and physics.Quote:
This might actually answer the question of how Epstein got hired without a Bachelor's degree. Maybe he was replacing someone more expensive.
Sounds to me like Barr, Jr. didn't fall far from the tree on this one, bio.
Trivia: He reviewed The Two Towers for the NYT in the 1950sQuote:
On a distant planet in the distant future...
When all the galaxies are colonized, John Craig, a young space diplomat, is captured by interplanetary pirates and sold into slavery.
On Kossr, where boredom and absolute power have driven the rulers to a special kind of madness, Craig is auctioned off to the exquisite Lady Morgan Sidney, a beautiful, sensual woman. He soon makes his way from the hellish slave mines into her bed in the tower of her castle. And it is here, under the strange castle, that he finds the secret that may bring about the end of man in the galaxy.
You have been quite dense on occasion. when I expected quite more from an A&M professor.Quote:
So about how far the AG fell from the tree ...
aggiehawg said:You have been quite dense on occasion. when I expected quite more from an A&M professor.Quote:
So about how far the AG fell from the tree ...
You are right at a new low, for you.
Clearly you want AG Barr to be completely recused because his father never hired Epstein to teach at Dalton.
And the reason you want that is because Barr has declassifying authority.
I don't care if that takes down W., nor anyone else. I'm just tired of the lies. Epstein being a proven sick mofo is not the lie. How many of his fellow travelers who were/are sick mofos is.
Be honest about the underlying motivations.
Of course that pedo did. Totally shocked a guy married to another guy that dresses as a woman visited an island where kids were smuggled to so they could be abused.doubledegreeAG said:
https://www.thedailybeast.com/israels-ehud-barak-i-visited-epsteins-island-but-never-met-any-girls
Barak visited the island.
Ehud Barak. Former Prime Minister of Israel.Kanyes psychiatrist said:Of course that pedo did. Totally shocked a guy married to another guy that dresses as a woman visited an island where kids were smuggled to so they could be abused.doubledegreeAG said:
https://www.thedailybeast.com/israels-ehud-barak-i-visited-epsteins-island-but-never-met-any-girls
Barak visited the island.
Game Point, Match. Turn out the lights.aggiehawg said:You have been quite dense on occasion. when I expected quite more from an A&M professor.Quote:
So about how far the AG fell from the tree ...
You are right at a new low, for you.
Clearly you want AG Barr to be completely recused because his father never hired Epstein to teach at Dalton.
And the reason you want that is because Barr has declassifying authority.
I don't care if that takes down W., nor anyone else. I'm just tired of the lies. Epstein being a proven sick mofo is not the lie. How many of his fellow travelers who were/are sick mofos is.
Be honest about the underlying motivations.
That bar has been going lower and lower in my estimation as well.aggiehawg said:You have been quite dense on occasion. when I expected quite more from an A&M professor.Quote:
So about how far the AG fell from the tree ...
You are right at a new low, for you.
Bio's TDS gets the better of him frequently. I fear he is approaching stage 4aggiehawg said:You have been quite dense on occasion. when I expected quite more from an A&M professor.Quote:
So about how far the AG fell from the tree ...
You are right at a new low, for you.
Clearly you want AG Barr to be completely recused because his father never hired Epstein to teach at Dalton.
And the reason you want that is because Barr has declassifying authority.
I don't care if that takes down W., nor anyone else. I'm just tired of the lies. Epstein being a proven sick mofo is not the lie. How many of his fellow travelers who were/are sick mofos is.
Be honest about the underlying motivations.
Been doing other stuff, so I missed this. I notice you cut the part where I said it didn't matter whether or not Donald Barr hired Epstein because even if he did they did not overlap at Dalton.aggiehawg said:You have been quite dense on occasion. when I expected quite more from an A&M professor.Quote:
So about how far the AG fell from the tree ...
You are right at a new low, for you.
Clearly you want AG Barr to be completely recused because his father never hired Epstein to teach at Dalton.
And the reason you want that is because Barr has declassifying authority.
I don't care if that takes down W., nor anyone else. I'm just tired of the lies. Epstein being a proven sick mofo is not the lie. How many of his fellow travelers who were/are sick mofos is.
Be honest about the underlying motivations.
backintexas2013 said:
He is moving into manny range. Trump has broken him.
This sounds like there were other deals I haven't heard about.Quote:
On Oct 23, 2007, as federal prosecutors in South Florida were in the midst of tense negotiations to finalize a plea deal with accused sex trafficker Jeffrey Epstein, a senior prosecutor in their office was quietly laying out plans to leave the U.S. attorney's office after 11 years.
On that date, as emails were flying between Epstein's lawyers and federal prosecutors, Bruce E. Reinhart, now a federal magistrate, opened a limited liability company in Florida that established what would become his new criminal defense practice.
The stated address, according to Florida state corporate records: 250 South Australian Ave., Suite 1400. It was the same location, and identical suite number, as that of Epstein's lead attorney, Jack Goldberger.
By the end of the year, Reinhart had resigned his post in the Southern District of Florida. Within days, on Jan. 2, 2008, he was hired to represent several of Epstein's accused accomplices who would later, like Epstein, receive federal immunity for allegedly trafficking underage girls.
Epstein is just a guy he gave a $70M house to. I mean come on - he hardly knew the guydoubledegreeAG said:
https://www.zerohedge.com/news/2019-07-16/victorias-secret-boss-wexner-swears-he-didnt-know-about-epstein-penchant-pedophilia
Wexner says he never knew. Nobody knew nothin.
From your link.Quote:
It was only after then-Palm Beach Police Chief Michael Reiter wrote a public letter asking that Krischer recuse himself from the case that the U.S. Attorney's Office and FBI assumed jurisdiction of the Epstein matter, records show.
Among the issues raised by Palm Beach police investigators is why Krischer's office presented only one victim to the state grand jury that heard testimony, when Palm Beach police, by that time, had identified multiple girls who were molested by Epstein.
Another concern: When police raided Epstein's Palm Beach estate, they found all his computers had been removed, suggesting that someone in Krischer's office had tipped off Epstein about the search warrants.
Janusz Banasiak, a butler for Epstein, testified in a civil deposition years later that one of Epstein's assistants, Adriana Mucinska Ross, and another unidentified man were instructed in advance of the arrival of Palm Beach police to remove the multiple computers in the house. Krischer never issued a subpoena for the computers, even though it was known they were in the hands of Epstein's attorneys by that time, the lead detective, Joseph Recarey, told the Herald.
Quote:
Two people have accused Jeffrey Epstein of sexual abuse in New Mexico, where the multimillionaire pedophile owns a sprawling ranch in the desert south of Santa Fe, a spokesperson for the state's attorney general told The Post.
The two alleged victims, whose names were not released, have been interviewed by Attorney General Hector Balderas' office in the last four months, spokesperson Matt Baca said.
Epstein was arrested last week for sex trafficking in New Jersey. He's accused of trafficking underage girls and sexually abusing them in an indictment secured by federal prosecutors in the Southern District of New York.
Balderas' office last week began an investigation into Epstein's conduct on his Santa Fe ranch, with plans to report their findings to federal prosecutors......
The Zorro ranch being in NM (purchased in 1993) makes me feel obligated to extend my desire for nonpartisan takedowns of anyone who enabled/covered for Epstein to include former members of the NM government in the relevant time period, including the one I voted for in 2016.drcrinum said:
https://nypost.com/2019/07/15/two-women-in-new-mexico-where-epstein-owns-a-ranch-have-accused-him-of-sex-abuse/Quote:
Two people have accused Jeffrey Epstein of sexual abuse in New Mexico, where the multimillionaire pedophile owns a sprawling ranch in the desert south of Santa Fe, a spokesperson for the state's attorney general told The Post.
The two alleged victims, whose names were not released, have been interviewed by Attorney General Hector Balderas' office in the last four months, spokesperson Matt Baca said.
Epstein was arrested last week for sex trafficking in New Jersey. He's accused of trafficking underage girls and sexually abusing them in an indictment secured by federal prosecutors in the Southern District of New York.
Balderas' office last week began an investigation into Epstein's conduct on his Santa Fe ranch, with plans to report their findings to federal prosecutors......
It's being reported now that while he was out of jail on "work"-release, he was spending the time in his office with young women instead of working. It isn't known whether or not they were underage.aggiehawg said:From your link.Quote:
It was only after then-Palm Beach Police Chief Michael Reiter wrote a public letter asking that Krischer recuse himself from the case that the U.S. Attorney's Office and FBI assumed jurisdiction of the Epstein matter, records show.
Among the issues raised by Palm Beach police investigators is why Krischer's office presented only one victim to the state grand jury that heard testimony, when Palm Beach police, by that time, had identified multiple girls who were molested by Epstein.
Another concern: When police raided Epstein's Palm Beach estate, they found all his computers had been removed, suggesting that someone in Krischer's office had tipped off Epstein about the search warrants.
Janusz Banasiak, a butler for Epstein, testified in a civil deposition years later that one of Epstein's assistants, Adriana Mucinska Ross, and another unidentified man were instructed in advance of the arrival of Palm Beach police to remove the multiple computers in the house. Krischer never issued a subpoena for the computers, even though it was known they were in the hands of Epstein's attorneys by that time, the lead detective, Joseph Recarey, told the Herald.
That is just outrageous to me. It is inexplicable for Krischner not to have subpoenaed and searched Epstein's computers under those circumstances. Nor can Krischner defend the paucity of witnesses he produced to the grand jury as anything other than a successful attempt to tank the case.
The fed end of this case wasn't much better. Way too many questions remain. Reinhart leaving the SDFla and then defending Epstein's accomplices and not Epstein himself as a way to skirt ethics rules is too cute by half but also raises another question.
Just why weren't Epstein's accomplices heavily leaned on to flip on Epstein? That's the normal way to cement a case. And likely Epstein's computers would have provided a ton of incriminating evidence with which to lean on those accomplices.
Finally, it truly appears that not only Epstein but his lawyers were engaged in criminal activity. The crime-fraud exception to attorney-client privilege should be applied to have a grand jury subpoena the lawyers for all of their records related to Epstein and his accomplices' legal representation relative to those cases and have a Special Master review them for such material.