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Legal filing / handwritten legal argument (page from a motion or brief)
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807 KB
Summary
This document is a handwritten page from a legal filing in the case USA v. Ghislaine Maxwell (Case 1:20-cr-00330-PAE), filed in October 2021. The text contains legal arguments regarding statutory interpretation, specifically concerning definitions of 'sexual abuse' and 'exploitation,' and argues for the application of 'repose' (statute of limitations) based on Supreme Court precedents like *Lockhart*, *Toussie*, and *McElvain*. It criticizes the Fifth Circuit's interpretation of these statutes.
Key Quotes (4)
""cannon of superfluity assists where a competing interpretation gives effect to every clause and word of a statute""Source
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Quote #1
"The Fifth Circuit's solution makes little sense in that surely Congress would have just added the two exploitation terms to the Sexual Abuse definition had that been the intent."Source
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""... we have stated before 'the principle that criminal limitation statutes are to be liberally interpreted in favor of repose,'" Toussie v. United States"Source
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""A limitation carving out an exception should apply to cases shown to be clearly within its purpose," United States v. McElvain"Source
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Full Extracted Text
Complete text extracted from the document (1,290 characters)
Case 1:20-cr-00330-PAE Document 338 Filed 10/12/21 Page 7 of 22
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it intended each term to have a particular meaning"); Lockhart v. United States 136 S.Ct. 958, 964 (2016) ("cannon of superfluity assists where a competing interpretation gives effect to every clause and word of a statute"). There is a competing interpretation described below that uses the plain language and leaves no term insignificant.
The Fifth Circuit's solution makes little sense in that surely Congress would have just added the two exploitation terms to the Sexual Abuse definition had that been the intent. 7 The sexual abuse definition includes "other forms of exploitation," perhaps like indenturhood. Given this ambiguity repose should apply "... we have stated before 'the principle that criminal limitation statutes are to be liberally interpreted in favor of repose,'" Toussie v. United States, 397 U.S. 112, 114-15 (1970); "A limitation carving out an exception should apply to cases shown to be clearly within its purpose," United States v. McElvain, 272 US 633 (1926).
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7. The Fifth Circuit provided no independent analysis instead relying on United States v. Cervantes, 651 F.3d 809, 816-817 (9th Cir. 2011) and United States v. Carpenter, 680 F.3d 1101, 1103 (9th Cir. 2012).
DOJ-OGR-00005185
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