DOJ-OGR-00003135.jpg
671 KB
Extraction Summary
2
People
2
Organizations
1
Locations
1
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
671 KB
Summary
This legal document is a filing by the prosecution (the Government) in the criminal case against the defendant, Maxwell. The Government argues that Maxwell's various motions for disclosure, including a request for a bill of particulars, should be denied as they are meritless or premature. The prosecution asserts that it has already provided sufficient information through the indictment and discovery, and that the defendant is not entitled to the requested details under established law.
People (2)
| Name | Role | Context |
|---|---|---|
| Maxwell | Defendant |
Mentioned as the defendant whose disclosure motions are being discussed and argued against.
|
| Batchelder |
Mentioned as a party in the cited case, United States v. Batchelder.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Government | Government agency |
Refers to the prosecution in the legal case, arguing against the defendant's motions.
|
| Court | Government agency |
The judicial body that will hear the evidence and rule on the motion.
|
Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the case citation 'United States v. Batchelder'.
|
Relationships (1)
The document details the Government's opposition to motions filed by the defendant, Maxwell, in a criminal proceeding.
Key Quotes (2)
"It is well established that ‘[w]hether to prosecute and what charge to file or bring before a grand jury are decisions that generally rest in the prosecutor’s discretion,’ and ‘a defendant has no constitutional right to elect which of two applicable federal statutes shall be the basis of his indictment and prosecution . . . .’"Source
— United States v. Batchelder
(A quote from a previous legal case used to support the argument that the prosecution has discretion over charges.)
DOJ-OGR-00003135.jpg
Quote #1
"to provide defendant with information about the details of the charge against him if this is"Source
— Federal Rule of Criminal Procedure 7(f)
(An incomplete quote explaining the purpose of a bill of particulars.)
DOJ-OGR-00003135.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,956 characters)
Case 1:20-cr-00330-PAE Document 204 Filed 04/16/21 Page 201 of 239
355 (“It is well established that ‘[w]hether to prosecute and what charge to file or bring before a grand jury are decisions that generally rest in the prosecutor’s discretion,’ and ‘a defendant has no constitutional right to elect which of two applicable federal statutes shall be the basis of his indictment and prosecution . . . .’” (brackets and ellipses in original) (quoting United States v. Batchelder, 442 U.S. 114, 124 (1979)).
Only after the Court has heard all of the evidence at trial and received the jury’s verdict will the defense motion be ripe. Accordingly, the motion should be denied as premature.
X. The Defendant’s Various Disclosure Motions Should be Denied
Maxwell’s motions also include an assortment of requests for orders requiring the Government to make various disclosures, all of which are meritless or, at best, premature.
A. Bill of Particulars Is Not Warranted
First, the defendant moves for a bill of particulars, demanding the Government set out an array of details regarding the Government’s theory of its case and anticipated witness testimony. The defendant, like all defendants, is entitled to sufficient information to understand the charges against her, to prepare a defense, and to protect against double jeopardy. However, the Government has provided such information, and much more, in the Indictment, extensive discovery, and various pretrial filings, including this memorandum. The defendant will also receive trial exhibits, a witness list, and Jencks Act material reasonably in advance of trial. As such, she has not established an entitlement to a bill of particulars under well-established governing law.
1. Applicable Law
The proper purpose of a bill of particulars under Federal Rule of Criminal Procedure 7(f) is “to provide defendant with information about the details of the charge against him if this is
174
DOJ-OGR-00003135
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document