{"id":36569,"date":"2019-07-14T15:57:30","date_gmt":"2019-07-14T19:57:30","guid":{"rendered":"http:\/\/www.rightwinggranny.com\/?p=36569"},"modified":"2019-07-14T15:57:30","modified_gmt":"2019-07-14T19:57:30","slug":"some-disturbing-thoughts-on-the-jeffrey-epstein-case","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=36569","title":{"rendered":"Some Disturbing Thoughts On The Jeffrey Epstein Case"},"content":{"rendered":"<p>Yesterday Andrew McCarthy posted an article at <a href=\"https:\/\/www.nationalreview.com\/2019\/07\/jeffrey-epstein-case-double-jeopardy-rules\/\" target=\"_blank\" rel=\"noopener noreferrer\">The National Review<\/a> about the Jeffrey Epstein case. Andrew McCarthy is the former Chief Assistant United States Attorney in the Southern District of New York who led the terrorism prosecution against the \u201cBlind Sheikh\u201d (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. He served as a prosecutor for 20 years. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement.<\/p>\n<p>Below are some of his observations about the case against Jeffrey Epstein:<\/p>\n<p style=\"padding-left: 40px;\"><strong>On Monday, Geoffrey Berman, the U.S. attorney for the Southern District of New York, announced that his office has now charged Epstein. While the SDNY <a href=\"https:\/\/www.justice.gov\/usao-sdny\/press-release\/file\/1181016\/download\" target=\"_blank\" rel=\"noopener noreferrer\">indictment<\/a> may be new, Epstein\u2019s crimes are not. They are the same offenses from which Acosta agreed to spare Epstein from federal prosecution if he pled guilty to state prostitution charges \u2014 which Epstein proceeded to do, in reliance on Acosta\u2019s commitment. There is thus a very good chance, based on the Constitution\u2019s guarantee against double jeopardy, that the SDNY case against Epstein will be voided by the SD-Florida non-prosecution agreement (non-pros).<\/strong><\/p>\n<aside class=\"ad-unit ad-unit--center ad-unit--inline\" style=\"padding-left: 40px;\">\n<div class=\"ad-unit__inner\" style=\"padding-left: 40px;\">\n<div class=\"hide-for-subscribers\" style=\"padding-left: 40px;\"><\/div>\n<\/div>\n<\/aside>\n<p style=\"padding-left: 40px;\"><strong>To be sure, the SDNY has a counterargument, and it will be vigorously made. It has two components. First, there is language in the non-pros that appears to limit the agreement to SD-Florida, to wit: \u201cprosecution <em>in this District<\/em> for these offenses shall be deferred in favor of prosecution by the State of Florida\u201d (emphasis added). Here, \u201cdeferred\u201d effectively means <em>forfeited<\/em> \u2014 the same effect for double-jeopardy purposes as a conviction or acquittal \u2014 because of Epstein\u2019s compliance with the requirement that he plead guilty in the state case. Second, there is jurisprudence in the Second Circuit (which controls in the SDNY) holding that one federal district\u2019s agreement does not bind another.<\/strong><\/p>\n<p style=\"padding-left: 40px;\"><strong>Therefore, prosecutors will argue that the 2007 SD-Florida non-pros does not bar a 2019 SDNY indictment arising out of the same conduct and charging the same offenses.<\/strong><\/p>\n<p style=\"padding-left: 40px;\"><strong>I\u2019m skeptical . . . and I think the SDNY is, too, notwithstanding the brave face prosecutors put on this week. They have carefully drafted an indictment far narrower than the SD-Florida\u2019s contemplated case. If prosecutors really believed that there was no double-jeopardy problem, they\u2019d have no such hesitation: They\u2019d throw everything the FBI ever had at this sociopath. They know they are on thin ice.<\/strong><\/p>\n<p>Mr. McCarthy&#8217;s evaluation of the situation is not encouraging. I hope he is wrong, but his history and knowledge suggest he is probably right.<\/p>\n<p>Please read the entire article to see the full argument. It would be a shame if this sleazeball escaped justice twice. I know he is innocent until proven guilty, but he has already been proven guilty&#8211;he just didn&#8217;t have to pay any real price for his horrific behavior.<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Yesterday Andrew McCarthy posted an article at The National Review about the Jeffrey Epstein case. Andrew McCarthy is the former Chief Assistant United States Attorney in the Southern District of New York who led the terrorism prosecution against the \u201cBlind &hellip; <a href=\"https:\/\/www.rightwinggranny.com\/?p=36569\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[108,9092,8455,9643,911,125],"class_list":["post-36569","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-andrew-mccarthy","tag-constitutional-law","tag-indictment","tag-jeffrey-epstein","tag-national-review","tag-new-york-city"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/36569","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=36569"}],"version-history":[{"count":2,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/36569\/revisions"}],"predecessor-version":[{"id":36571,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/36569\/revisions\/36571"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36569"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36569"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36569"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}