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Epstein status hearing
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Hi Darrin
At Judge Berman's invitation, I went to the hearing in Epstein's case this morning. As you likely know, the government had asked the court to grant their request for a nolle pros. At the start of the hearing, Judge Berman said he was using the hearing as an opportunity for the victims to be heard. He then gave the government and defense counsel a chance to speak.
Most importantly, defense counsel stated they were "all for finding out the truth!" To that end, they asked Judge Berman to oversee the investigation into Epstein's death. They claimed the Court has inherent authority to find out what happened; this is an area of intense public interest and court supervision is important. Defense counsel argued that they need the Court to help them find out the truth. I haven't looked at the case yet, but counsel cited a case from Alaska written by Judge Sullivan (not SDNY J. Sullivan) concerning a Senator for the proposition the Judge Berman had oversight authority/jurisdiction. Defense counsel represented that in the Alaska case, the court appointed an independent lawyer to investigate a particular situation. (Again, I haven't looked at the case, but I'll find it and forward.) Defense counsel also asked Judge Berman to go to SHU at MCC and see the conditions for himself. (Defense counsel obviously didn't know that Adam & I give tours to his clerks every summer, although we don't typically go to SHU.)
Various attorneys for the victims spoke, too. One noted the "timing of Epstein's death is curious" and most of them seconded defense counsel's request for Court involvement in the investigation, although they admitted there was questionable authority for the Court to do so.
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