DOJ-OGR-00021119.jpg

641 KB
View Original

Extraction Summary

3
People
2
Organizations
0
Locations
4
Events
0
Relationships
2
Quotes

Document Information

Type: Legal document
File Size: 641 KB
Summary

This document is a page from a legal filing, likely a court opinion or brief, dated February 28, 2023. The author argues against the retroactive application of a statute (§ 3283) by analyzing legislative intent, referencing Senator Leahy's remarks and Congress's rejection of a specific retroactivity provision in a 2003 bill. The argument is supported by comparing the rejected language to similar provisions in other statutes (Pub.L. 107-56 and Pub.L. 101-647) to conclude that applying the statute retroactively fails the legal test established in the Landgraf case.

People (3)

Name Role Context
Kennedy, J. Justice (dissenting)
Cited in a parenthetical as dissenting in a legal opinion.
Leahy Senator
Mentioned as Sen. Leahy, whose remarks are discussed in the context of Congress's rejection of a provision.
Garcia
Named as a party in the legal case citation 'Garcia v. U.S.'.

Organizations (2)

Name Type Context
Congress government agency
Mentioned throughout as the legislative body that rejected a provision, passed statutes, and whose intent is being an...
House government agency
Referenced in the context of the '2003 House bill' from which a retroactivity provision was rejected.

Timeline (4 events)

1984
The year of the Garcia v. U.S. case, cited for the principle that floor statements by a single member are weak legislative history evidence.
1990-11-29
Passage of Pub.L. 101-647, which contained language similar to a rejected retroactivity provision.
2001-10-26
Passage of Pub.L. 107-56, which contained language similar to a rejected retroactivity provision.
2003
Congress rejected the retroactivity provision in the 2003 House bill amending § 3283.

Key Quotes (2)

"agree to disagree"
Source
— Landgraf, 511 U.S. at 623 (Used to describe an action Congress did not merely take when rejecting a provision, indicating the rejection was intentional.)
DOJ-OGR-00021119.jpg
Quote #1
"The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section."
Source
— Pub.L. 107-56, § 809 (Quoted as an example of language in a passed statute that is identical to a retroactivity provision Congress rejected in a different bill.)
DOJ-OGR-00021119.jpg
Quote #2

Discussion 0

Sign in to join the discussion

No comments yet

Be the first to share your thoughts on this epstein document