This document is an excerpt from a report by the Office of Professional Responsibility (OPR) analyzing former U.S. Attorney Acosta's handling of the Jeffrey Epstein case. It details OPR's findings that Acosta's decision to approve a non-prosecution agreement (NPA) requiring Epstein to plead guilty to state charges, resulting in an 18-month sentence, did not violate any clear and unambiguous standards or constitute professional misconduct, despite OPR criticizing certain decisions made during the investigation.
This legal document, dated November 1, 2024, presents an argument for an en banc review to potentially overrule or limit the 'Annabi' canon of construction for plea agreements. The text discusses the jurisdictional authority of U.S. Attorneys' offices, citing the U.S. Attorneys' Manual and the Judiciary Act of 1789 to argue about the scope of immunity and the government's obligation to be explicit about its limitations. The argument is framed in the context of a past case involving interviews with Epstein's lawyers.
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