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Epstein related question for our resident lawyers
Posted on 7/7/19 at 8:17 pm
Posted on 7/7/19 at 8:17 pm
Epstein was investigated by the FBI.
Epstein was a cooperating witness for the FBI in their investigation into Bear Stearns.
The FBI investigates, the DOJ prosecutes. They work hand in hand.
Epstein's sex trafficking case was "kicked back" to the state of Florida by the DOJ/FBI.
Epstein pleaded guilty in FL to minor charges that allowed him work release on a 13 month sentence.
The FL US Attorney Acosta is the man who officially signed off on the deal.
Questions:
Can a US Attorney make the decision to not prosecute on an FBI case?
Can the US Attorney make this decision unilaterally, without the input/influence of the DOJ/AG?
I see the media and online crowd calling for Acosta's head, claiming he was the one responsible for the deal Epstein got.
My instinct tells me a US Attorney can't decide to not prosecute federal sex trafficking that the FBI has built an airtight case for. The order would have to come from DC, ie the AG himself. Also, the AG would not make this decision without consulting the FBI Director who built the case to begin with.
Law experts, can you break this down using your expertise?
Epstein was a cooperating witness for the FBI in their investigation into Bear Stearns.
The FBI investigates, the DOJ prosecutes. They work hand in hand.
Epstein's sex trafficking case was "kicked back" to the state of Florida by the DOJ/FBI.
Epstein pleaded guilty in FL to minor charges that allowed him work release on a 13 month sentence.
The FL US Attorney Acosta is the man who officially signed off on the deal.
Questions:
Can a US Attorney make the decision to not prosecute on an FBI case?
Can the US Attorney make this decision unilaterally, without the input/influence of the DOJ/AG?
I see the media and online crowd calling for Acosta's head, claiming he was the one responsible for the deal Epstein got.
My instinct tells me a US Attorney can't decide to not prosecute federal sex trafficking that the FBI has built an airtight case for. The order would have to come from DC, ie the AG himself. Also, the AG would not make this decision without consulting the FBI Director who built the case to begin with.
Law experts, can you break this down using your expertise?
This post was edited on 7/7/19 at 8:19 pm
4
Posted on 7/7/19 at 8:19 pm to IllegalPete
Another question
Does statute of limitations not apply here? Wasn’t he doing this terrible shite like 15 years ago?
Does statute of limitations not apply here? Wasn’t he doing this terrible shite like 15 years ago?
Posted on 7/7/19 at 8:20 pm to IllegalPete
Maybe we should back up to square one.
Is a US Attorney for the state of FL part of the DOJ?
Is a US Attorney for the state of FL part of the DOJ?
Posted on 7/7/19 at 8:35 pm to IllegalPete
Yes a federal prosecutor is part of the DOJ!
Posted on 7/7/19 at 8:41 pm to HailHailtoMichigan!
No way they got a search warrant for his home in NY without some form of new evidence, so I am guess this “new” crime will be used to tie in old actions from the past.
Posted on 7/7/19 at 8:54 pm to laxtonto
Most states have done away with statue of limitations for felonies especially sex related felonies.
Posted on 7/7/19 at 8:56 pm to IllegalPete
no way he made that decision by himself without higher input
Posted on 7/7/19 at 8:57 pm to laxtonto
quote:
No way they got a search warrant for his home in NY without some form of new evidence, so I am guess this “new” crime will be used to tie in old actions from the past.
This is what I'm guessing. Must be new info of some sort.
What's the rule on being charged for state and a federal crime even if it arises out of same facts?
I'd bet that's the catch too. He pled to a state court deal. This next go round will be federal.
May be completely wrong.
Posted on 7/7/19 at 8:58 pm to HailToTheChiz
quote:
I'd bet that's the catch too. He pled to a state court deal. This next go round will be federal.
Isn't the reverse happening to Manafort? NY state is still going after him.
Posted on 7/7/19 at 9:00 pm to AubieinNC2009
No time limitation on sex offenses.
Posted on 7/7/19 at 9:01 pm to IllegalPete
quote:
Can a US Attorney make the decision to not prosecute on an FBI case?
Yes. US attorneys are prosecutors; ergo they have prosecutorial discretion.
quote:
Can the US Attorney make this decision unilaterally, without the input/influence of the DOJ/AG?
Since each US Atty for each district reports to the Atty General, I’m sure the decision is documented and reviewed by the Atty General himself particularly for more serious crimes, and could be overruled by the AG if there was enough cause. I’m not a criminal lawyer, but that would seem to make sense.
quote:
My instinct tells me a US Attorney can't decide to not prosecute federal sex trafficking that the FBI has built an airtight case for. The order would have to come from DC, ie the AG himself. Also, the AG would not make this decision without consulting the FBI Director who built the case to begin with.
I don’t think the FBI Director would be consulted (or would he be required to be), I think the Decision would go up the hierarchy to the AG. The FBI theoretically only presents facts/evidence. Unless you’re James Comey.
quote:
Statute of Limitations
Sometimes they’re really long for really bad shite. Example. There’s no SOL on murder, and child sex assault in many states.
I have read that he’s being investigated by the public corruption department. This leads me to believe that he's been extorting people’s with his perv tapes. That could have happened last week or something.
Further, if he has underage sex on video to use as Blackmail, God knows what else was captured on those videos.
This could really be bigger than Epstein and Slick Willie being pervs.
Posted on 7/7/19 at 9:01 pm to Samso
quote:
Isn't the reverse happening to Manafort? NY state is still going after him.
Yeah I think so. I thought there was a recent rolling from supreme that said that was possible.
Posted on 7/7/19 at 9:02 pm to gthog61
I believe it's the Deputy USAG that has the only immediate authority to override a US Atty. Other than The General him or herself I suppose.
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