Here is the Government’s bail memo and the defense’s.
Some of the arguments for bail:
—complied with previous conditions of house arrest and probation
—enormous bail package including house arrest and guard
—waiver of extradition
—easily recognizable
—old offense with legal defenses
Some of the arguments against:
—enormous wealth with means to travel
—potential witness tampering
—potential new offenses re images found in safe
—nature and strength of the case
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No and here is why. When you weigh it all out, the pictures in the safe allow the government to argue danger to the community. This isn't just about flight. There is going to be new conduct coming out and it's not going to be pretty.
ReplyDeleteJeffrey Epstein will never be a free man again unless he hires a particular attorney in Miami who practices with his wife and works, bizarrely, in a penthouse on top of a garage across from federal court. If he does that, then he has a shot.
As usual, this comes with the caveat that I am but a lowly civil practitioner in the presence of criminal defense titans.
ReplyDeleteBut I offer two things:
Thing One: Every judge I have encountered so far, in 23 years of practice and a dozen as a newsman, has appeared -- as best I could determine -- to be a human being. This means that, robes notwithstanding, they are subject to "The heartache, and the thousand natural shocks
that flesh is heir to."
Thing Two: In those years it has not been at all unusual to visit a judge or magistrate in chambers and see him or her READING one of those newspapers for which I used to write.
Thing One plus Thing Two leads me confidently to predict: No.
(I confess that while seldom in doubt, I'm often wrong. But this is a bet I'd take even at odds.)
I like the argument he's too famous and there is no where for him to hide. But it doesn't address the danger to the community argument. That's the rub (pun intended).
ReplyDeleteHe sits but he has a very compelling defense of double jeopardy. He signed an agreement with the feds years ago. It may have been ugly and improper but that makes no difference. Wait until the dust settles and by that I mean after a trial and conviction. Guaranteed this one winds its way to the supremes. Expect Scalis, ahem, Gorsuch, to write the opinion 7-2, putting him back on the Lolita Express back to Pervert Island.
ReplyDeleteWaiver of extradition is generally meaningless to a foreign country
ReplyDeleteI have never written anything for a major newspaper, but I have seen the kind of accused individuals who routinely get held in pre-trial detention or who have an extremely high bond set that amounts to pretrial detention. If there is sense of justice in federal court, he will be detained as a danger to the community. If he gets bond, it will be another case of the rich, powerful (and white) receiving their own special little brand of justice (hold out your hand, now this might sting a little . . . )
ReplyDeleteThey found a fake foreign passport with his picture and diamonds in his safe.
ReplyDeleteCase closed. He's not getting bond.
Robert- you obviously don't practice in Broward (vis-à-vis all judges are human). Some of them are Klingons. Or Vampires. Or the walking dead. Or all three.
ReplyDeleteGET ME JACK DENARO- OR THE TRIALMASTER...
ReplyDeleteAbandoned by his friends, hangers on and coconspirators; facing forfeiture of his home in Manhattan, Florida, new Mexico and his private islands and plane, sans offer from government that would permit his release early (less than 15 years) in exchange for flipping, this guy will pull a Hernandez when the reality that he is never getting out sets in.
ReplyDelete9:13
ReplyDeleteIn what parallel universe are you living in? He is still rich, powerful, well-connected (and white). That still goes a long way in our criminal justice system. I have a crisp $1 bill that says he doesn't do more than 15. And if he has dirt in someone famous and powerful (Bill Clinton, Donald Trump), then the over/under goes to 7 1/2. Even lower if it results in a prosecution.
Bail or no bail I've been convinced by some online analyses that the charges will be dismissed on double jeopardy grounds like 12:54 said. The deal was to resolve "crimes against the United States" and the predicate facts included NYC activities. Whether jeopardy attaches doesn't go district-by-district.
ReplyDelete1:53
ReplyDeleteAgain, that assumes that he has been squeaky clean for the past decade AND that the plea stands despite the failure to inform the victims
Look at M.J his cases ? Look at Bill Cosby his cases? Catholic Priests their cases? Jeff Epstein has pictures all over the internet with Trump? There is a picture of Jeff Epstein with Woody Allen his adopt daughter wife ? In 2005-7 JEFF Epstein was in trouble in FLorida -but he got out of it ? Jeff Epstein behavior kept going on ? Trump told New York magazine in 2002 that Mr. Epstein was a “terrific guy” whom he had known for 15 years.“He’s a lot of fun to be with,” Trump said. “It is even said that he likes beautiful women as much as I do, and many of them are on the younger side.” Trump partied in 1992 with Jeffrey Epstein?scandal that exposed pedophile billionaire Epstein couldn't stop his behavior? Why do Rich people get away crimes? Why do rich people get away with pay 15% whereas poor people pay %34 taxes?
ReplyDelete