• 8 Posts
  • 241 Comments
Joined 2 years ago
cake
Cake day: October 19th, 2023

help-circle
  • To be fair, Congress could fix this easily as well:

    AN ACT

    To enforce the act of November 19, 2025 entitled “an act to require the Attorney General to release all documents and records in possession of the Department of Justice relating to Jeffrey Epstein, and for other purposes.”

    Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,

    Section 1. Short title.

    This act may be cited as the Epstein Files Transparency (Enforcement) Act of 2026.

    Section 2. Court may order release of files

    (a) Notwithstanding any other section of law, the United States District Court for the District of Columbia (“District Court”) has jurisdiction over and may, upon the application of the Attorney-General, or any authorised legal representative of any State or the District of Columbia, issue a writ of mandamus to order any person who appear to have in his or her possession or control, files, documents, or any other information of any description or type whatsoever, subject to disclosure under the Epstein Files Transparency Act of 2025, to disclose or cause to disclose such material.

    (b) A writ issued under subsection (a) of this act may be directed to any officer, agent, secretary, or employee of the United States, or any person under or formerly under the employ thereof, or to the Department of Justice, the Attorney-General, or any person under the employ thereof, or any combination of the above-mentioned persons or organisations.

    © The District Court has jurisdiction to rule on matters pertaining to whether material is subject to disclosure under the Epstein Files Transparency Act of 2025.

    (d) Nothing in this section authorises a court to order a person to testify if such testimony may be used as evidence against them in a criminal proceeding.

    Section 3. Penalty for non-compliance

    (a) A person who fails to comply with a writ issued under Section 1 of this act, may, at the discretion of the District Court, be held in contempt of court and punished with imprisonment until such time that such person complies with the order of the court, and be issued a formal caution that further non-compliance will result in criminal liability.

    (b)(1) A person who fails to comply with a writ issued under Section 1 of this act and who refuses to comply despite a caution issued by the District Court under subsection (a) of this section commits an offence and may be punished with imprisonment for a period not less than four years and not greater than eight years and fined an amount equal to their total taxable income under the Internal Revenue Code from four years before the date of their conviction until the date of their conviction.

    (b)(2) The District Court may compel the production of records from the Internal Revenue Service for the purpose of the calculation of fine amounts under this section.

    © In addition to criminal penalties imposed by this section, the salary of any employee of the United States or person who is entitled to draw a salary paid from funds belonging to the United States, who fails to comply with a writ issued under Section 1 of this act, is five cents per month until January 21, 2029, notwithstanding the Fair Minimum Wage Act of 2007 or any other law to the contrary, and such person shall not be entitled to any payment of any kind or for any purpose whatsoever other than for salary purposes from the United States, or any officer, employee, department, or agency thereof.

    (d) A person who fails to comply with a writ issued under Section 1 of this act is disqualified from practicing as an attorney in any court of the United States and/or of the District of Columbia until January 21, 2029.









  • It does apply. It’s just that for non-high-profile cases, prosecutors are pretty quick to make a decision to prosecute/not prosecute. Years ago, I was arrested and accused of assault, and I was released mere hours after getting to the police station because the prosecutor’s office thought my self-defence claim was good and decided not to file charges. Generally speaking, this is what happens. You get arrested, taken to the police station or to the local jail, and then the police department refers the case to the prosecutor’s office. Someone at the prosecutor’s office reviews the evidence, and then they decide whether they will file charges. If they file one or more charges, then you’re brought before a judge for a preliminary hearing, usually within 24 hours (depends on state law). At the hearing, you will make a plea of guild or not guilty, then either arrange for a lawyer, or the judge will appoint a public defender to represent you. Then your lawyer can make a demand for a speedy trial and/or make any other submissions to the court in your defence.

    If the prosecutor’s office decide not to prosecute, they will instruct the police department to release you. Failing that, someone can make a habeas corpus petition on your behalf and a judge will order your release.



  • The problem is that he could also probably use a federal immunity defence. The prosecutors need time to plan out a good way to attack this defence. The worst possible outcome would be to file charges now, unprepared, and then the guy gets acquitted at trial which forever bars future state prosecution for that offence, or the case is dismissed because prosecutors failed to present a good argument for why the accused is not immune. Prosecutors have only one chance so they tend to make sure their case is as good as they can get before shooting their shot.

    It’s actually very rare for murder trials to be argued over whether the accused killed the person in question. Usually, the argument stems from whether the killing counts as murder or whether the evidence that the accused killed the victim is legally admissible.




  • The law requires people who are arrested to be charged with a crime or released immediately. So in order to obtain an arrest warrant, prosecutors would need to file a criminal complaint followed by an indictment or an information. The accused could then assert their right to a speedy trial and demand an immediate trial. Depending on local court case loads, this could be scheduled in as little as a week (not typical; usually at least a fortnight up to six weeks).

    Edit: A slight correction. An arrest warrant can be applied for without filing a complaint, but judges will require that a complaint or some other charging document be filed expeditiously after the accused is taken into custody. It is not legal to hold someone in jail without charge. Criminal procedure laws are not nationally uniform in the US; it varies by state.

    So in a nutshell, once someone is arrested, the prosecutors are required, essentially, to already be ready to press charges and go to court. If they are not, then an early arrest followed by a judge ordering their release for lack of charges would be prejudicial to their case.





  • No, but during the eight years after him, we did get:

    • Consumer Financial Protection Bureau
    • Dodd-Frank Wall Street Reform Act
    • Affordable Care Act
    • Repeal of “Don’t Ask, Don’t Tell” policy
    • Removal of 180-limit for wage discrimination claims
    • Withdrawal of US forces from Iraq
    • Paris Climate Agreement
    • Deferred Action for Childhood Arrivals
    • Clean Power Plan
    • Shepard & Byrd Hate Crimes Prevention Act (allows crimes motivated as gender identity to be prosecuted as hate crimes)
    • Death of Osama bin Laden

    Saying they didn’t get “everything done [that] they wanted” is disingenuous to the achievements accomplished and shows a lack of understanding of how progress is made.


  • Historically, when a party is defeated electorally over and over again, its members either form a new party or they rebel against leadership and the party lurches left or right in the direction of the voters. This happened to the Republican Party after they lost five presidential elections in a row (four of which were won by Franklin Roosevelt). The next Republican president in office was Dwight Eisenhower, who by today’s standards would be a moderate liberal.

    You can also see it happen in other countries. After being stuck on the left side of the room for 14 years the British Labour Party elected a… moderate conservative as leader and then subsequently won the next election.

    Generally speaking, when a party keeps losing elections over and over again, picking a more extreme candidate is usually catastrophic to their electoral chances—see what happened in Canada and Australia.

    Before anyone comments with objections or observations of this dynamic in modern American politics, do note that no party has lost 3 elections in a row in five decades.