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Case 9:08-cv-80736-KAM Document 163 Entered on FLSD Docket 04/18/2012 Page 1 of 2

Case 9:08-cv-80736-KAM Document 163 Entered on FLSD Docket 04/18/2012 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 08-80736-CIV-MARRA/JOHNSON JANE DOE 1 and JANE DOE 2, Plaintiffs, 1. UNITED STATES OF AMERICA, Defendant. NOTICE OF SUPPLEMENTAL AUTHORITY OF THE UNITED STATES SUPREME COURT In two decisions last term, the Supreme Court constitutionalized the right to competent counsel in plea negotiations by ruling that the Sixth Amendment right to effective assistance of counsel "extends to the plea bargaining process" and that defendants are entitled to "the effective assistance of competent counsel" during plea negotiations. Lafler. Cooper, 132 S. Ct. 1376, 1384 (2012); Missouri. Frye, 132 S. Ct. 1399, 1407-09 (2012). Under Lofty. and Frye, counsel have an ongoing obligation to provide effective representation in plea bargaining and to engage in communications with the client and the prosecutor to discharge that obligation. The limited

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DOJ Data Set 9
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EFTA 00205557
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Case 9:08-cv-80736-KAM Document 163 Entered on FLSD Docket 04/18/2012 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 08-80736-CIV-MARRA/JOHNSON JANE DOE 1 and JANE DOE 2, Plaintiffs, 1. UNITED STATES OF AMERICA, Defendant. NOTICE OF SUPPLEMENTAL AUTHORITY OF THE UNITED STATES SUPREME COURT In two decisions last term, the Supreme Court constitutionalized the right to competent counsel in plea negotiations by ruling that the Sixth Amendment right to effective assistance of counsel "extends to the plea bargaining process" and that defendants are entitled to "the effective assistance of competent counsel" during plea negotiations. Lafler. Cooper, 132 S. Ct. 1376, 1384 (2012); Missouri. Frye, 132 S. Ct. 1399, 1407-09 (2012). Under Lofty. and Frye, counsel have an ongoing obligation to provide effective representation in plea bargaining and to engage in communications with the client and the prosecutor to discharge that obligation. The limited

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Case 9:08-cv-80736-KAM Document 163 Entered on FLSD Docket 04/18/2012 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 08-80736-CIV-MARRA/JOHNSON JANE DOE 1 and JANE DOE 2, Plaintiffs, 1. UNITED STATES OF AMERICA, Defendant. NOTICE OF SUPPLEMENTAL AUTHORITY OF THE UNITED STATES SUPREME COURT In two decisions last term, the Supreme Court constitutionalized the right to competent counsel in plea negotiations by ruling that the Sixth Amendment right to effective assistance of counsel "extends to the plea bargaining process" and that defendants are entitled to "the effective assistance of competent counsel" during plea negotiations. Lafler. Cooper, 132 S. Ct. 1376, 1384 (2012); Missouri. Frye, 132 S. Ct. 1399, 1407-09 (2012). Under Lofty. and Frye, counsel have an ongoing obligation to provide effective representation in plea bargaining and to engage in communications with the client and the prosecutor to discharge that obligation. The limited intervenor lawyers and limited intervenor Jeffrey Epstein submit Leer and Frye in support of their motions for protective orders and their objections to disclosure and use of plea negotiations by Jane Doe 1 and Jane Doe 2. The limited intervenors also submit Lafler and Frye in direct support of their arguments that the Court should recognize a common-law privilege in this case under Rule 501 in part because plea negotiations are an integral part of our criminal justice system. This was expressly recognized by the EFTA00205557 Case 9:08-cv-80736-KAM Document 163 Entered on FLSD Docket 04/18/2012 Page 2 of 2 Supreme Court in Laf ler and Fiye when it found that "plea bargains are . . . central to the administration of the criminal justice system" because ours is "a system of pleas, not a system of trials": Ninety-four percent of state convictions are the result of guilty pleas. The reality is that plea bargains have become so central to the administration of the criminal justice system that defense counsel have responsibilities in the plea bargain process, responsibilities that must be met to render the adequate assistance of counsel that the Sixth Amendment requires in the criminal process at critical stages. Because ours "is for the most part a system of pleas, not a system of trials," it is insufficient simply to point to the guarantee of a fair trial as a backstop that inoculates any errors in the pretrial process. Lafter, 132 S. Ct. at 1388; Fiye, 132 S. Ct. at 1407. We certify that on April 18, 2012, the foregoing document was filed electronically with the Clerk of the Court using the CM/ECF system. Respectfully submitted, BLACK, SREBNICK, KORNSPAN & STUMPF, P.A. 2 EFTA00205558

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Case #9:08-CV-80736-KAM

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOES #1 and #2 I UNITED STATES DECLARATION OF BRADLEY J. EDWARDS, ESQ. I. I, Bradley J. Edwards, Esq., do hereby declare that I am a member in good standing of the Bar of the State of Florida. Along with co-counsel, I have represented Jane Doe #1 and Jane Doe #2 in civil suits against Jeffrey Epstein for sexually abusing them. I have also represented other girls who were sexually abused by Epstein. As a result of that representation, I have become familiar with many aspects of the criminal investigation against Epstein and have reviewed discovery and correspondence connected with the criminal investigation. I have also spoken to Jane Doe #1 and Jane Doe #2 at length about the criminal investigation and their involvement in it, as well enforcement (or lack their of) of their rights as crime victims in the investigation. I also represent Jane Doe #1 and Jane Doe #2 in the pen

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 013-80736-Civ-Marra/Nlatthewman JANE DOE 1 AND JANE DOE 2, Petitioners, vs. UNITED STATES, Respondent. DECLARATION OF IN SUPPORT OF GOVERNMENT'S RESPONSE AND OPPOSITION TO PETITIONERS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JUDGMENT do hereby declare that I am a member in good standing of the Bar of the State of Florida. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. 2. I am the Assistant United States Attorne

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STATEMENT BY ALAN DERSHOWITZ

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Case 9:08-cv-80736-KAM Document 50

Case 9:08-cv-80736-KAM Document 50 Entered on FLSD Docket 0372112011 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES JANE DOE #1 AND JANE DOE #2'S MOTION FOR ORDER DIRECTING THE U.S. ATTORNEY'S OFFICE NOT TO WITHHOLD RELEVANT EVIDENCE COME NOW Jane Doe #1 and Jane Doe #2 (also referred to as "the victims"), by and through undersigned counsel, to move for an order from this Court directing the U.S. Attorney's Office not to suppress material evidence relevant to this case. The Court should enter an order, as it would in other criminal or civil cases, requiring the Government to make appropriate production of such evidence to the victims. BACKGROUND In discussions with the U.S. Attorney's Office about this case, counsel for Jane Doe #1 and Jane Doe #2 inquired about whether the Office would voluntarily provide to the victims information in its possession that was mater

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EFTA Document EFTA01735410

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