In 2008 (Bush) the US Attorney in Florida made a non-prosecution agreement with Epstein. That is what she is trying to rely on. Problem is it is unsettled law if a US Attorney in one district can enter a contract binding the other 90+ US Attorneys. The Appellate Circuits are split on the question.
The non-prosecution agreement had some weak language including all accomplices without naming any of them. The split in the courts relies on the statutory language requiring the sign off of the Assistant AG at DOJ to actually be binding.
US law novice here: Would the Roe decision on States’ rights have a bearing on this?
No, because nothing in the DOJs non-prosecution agreement bound any of the states from prosecuting their own case. It bound the US Government from prosecuting it under Maxwells theory. So even if she were to get a pardon, both FL, NY, USVI, etc could all bring their own prosecutions.
If it refers to 'accomplices', she wasn't an 'accomplice', she was an 'architect'.
I agree, but being the architect also makes her an accomplice to his crimes. Her appeal to SCOTUS will likely fail, I doubt they even hear the case. Trump pardoning her though I can see as likely because of his involvement.
See, I see it the other way round. SCOTUS will uphold her 'appeal', which will mean her conviction is overturned... thus, getting FuckFace out of having to pardon her, because of his involvement.
It's possible, but I don't know if they want to set a precedent on this case.
How many times have we thought that in the past 6 or so months?
And that Florida AG was Acosta! He did this. Also taking it to the SC may just work for her, especially if someone was on his island, and by someone I mean Thomas or Alito.