Commenter Cassander wrote:
Off topic, but Andrew McCarthy has just published his opinion that Epstein can successfully argue double jeopardy against a new indictment in the SDNY.
I responded in a series of comments, noting that I've been wondering about that and more or less assuming that the SDNY claim that they weren't bound by SD-Florida's scandalous non-prosecution agreement would carry the day. McCarthy disagrees. I claim no expertise in this area and, in fact, Double Jeopardy (DJ) was very recently the subject of heated disagreement in the SCOTUS, in which we saw the spectacle of Gorsuch and Ginsburg--an unlikely combination under most circumstances--strongly disagreeing with Alito and (a reluctant) Thomas. With that in mind, here is my response comment, which will have to serve on this busy (but very happy) day. I make no apodictic statements, but express a hope:
I've read McCarthy, and I've also read Jonathan Turley, whom McC cites: Jeffrey Epstein forces Washington to deal with embarrassing connections. McC makes strong arguments, but he leaves out something that I hope will be important--and should be if the interests of justice are to furthered. Here's my hope.
As McC recognizes, this case is a travesty of justice. My hope is that, as I mentioned above and as Turley also mentions, since Acosta violated the CVRA--the provisions of which bear directly on any plea deal process--courts will decide to void it and allow federal prosecution. I think this would be the better solution, rather than jiggering with DJ itself.
[CVRA = Criminal Victims' Rights Act.]
Turley also points out (and expands a bit on) what I did:
"The fact that there are only two counts in the new federal indictment this week may indicate that New York prosecutors are looking for crimes not covered by the earlier agreement, including new charges connected to photos of allegedly underaged girls that were reportedly found in the safe of Epstein."
BTW, Turley explains Barr's recusal, which I don't agree with but which is probably SOP:
"Barr has recused himself from an ongoing review of the plea agreement under the Southern District of Florida because his old law firm, Kirkland and Ellis, represented Epstein, although Barr himself had no role in the case."