EFTA00205227Set 9
2011-06-065p1,305w
parties filed briefs on their
respective positions.
On June 6, 2011, Senator Jon Kyl — the co-sponsor of the CVRA — sent a letter to
Attorney General Eric Holder directly stating ... crime victims during the investigative phases of
criminal cases. On June 8, 2011, Senator Kyl inserted his letter into the Congressional Record.
I
EFTA00205227
Case ... letter directly supports the victims' position in this case, as Senator Kyl states: "When
Congress enacted the CVRA, it intended to protect crime victims throughout the criminal justice
process - from
https://www.justice.gov/epstein/files/DataSet%209/EFTA00205227.pdf
EFTA01098349Set 9
2011-06-065p1,338w
parties filed briefs on their
respective positions.
On June 6, 2011, Senator Jon Kyl — the co-sponsor of the CVRA — sent a letter to
Attorney General Eric Holder directly stating ... crime victims during the investigative phases of
criminal cases. On June 8, 2011, Senator Kyl inserted his letter into the Congressional Record.
I
EFTA01098349
Case ... letter directly supports the victims' position in this case, as Senator Kyl states: "When
Congress enacted the CVRA, it intended to protect crime victims throughout the criminal justice
process - from
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098349.pdf
EFTA01144324Set 9
2015-04-1629p15,270w
colloquy between the two original sponsors of the Senate bill,
Senators Feinstein and Kyl, shows:
Ms. Feinstein: One final point. Throughout this act, reference is made to the "accused."
Would ... convicted so that the rights we establish apply
throughout the criminal justice system?
Mr. Kyl: Yes[.]
150 Cong. Rec. 7304 (2004) (emphasis added). See also In re Siler, 571 F.3d ... attend grand jury proceedings. See 150 Cong. Rec.
22,951 (2004) (statement of Senator Kyl) ("the right is limited to public proceedings, thus grand
jury proceedings are excluded from
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EFTA00799888Set 9
2017-08-1176p27,084w
plain language understanding to the right to confer. The CVRA's
Senate sponsors — Senator Kyl and Senator Feinstein — held a colloquy on the Senate floor
explaining the meaning ... Document 416 Entered on FLSD Docket 08/11/2017 Page 18 of 65
Kyl). As to how the right was to be construed, the Senate sponsors explained: "This right is
intended ... disposition of the case." Id. (statement of Senator Feinstein,
agreed with by Senator Kyl) (emphasis added).
Of course, none of this comes as a surprise to this Court. Remarkably, while
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EFTA01091403Set 9
2009-04-3074p36,721w
others." By then, Judge Cassell had proposed nearly thirty rule changes.'2 Senator
Kyl, the primary sponsor of both a failed victim rights constitutional amendment and the CVRA,
followed ... accused.""
The Committee took note of the letters from these congressmen, especially Senator Kyl's,
while also noting the substantial "criticism that the proposed rules went too far, tipping ... submitted as written testimony,
http://www.uscourts.gov/rules/CR%20Comments%202006/06-CR-002.pdf.
13
Letter from Senator Jon Kyl to the Honorable David Levi. Chairman. Committee on Rules of Practice
and Procedure. February
https://www.justice.gov/epstein/files/DataSet%209/EFTA01091403.pdf
EFTA00178057Set 9
2011-05-0290p23,378w
criminal process." 150 CONG. REC. S10910,
S10911 (Oct. 9, 2004) (statement of Sen. Kyl). Accordingly, they adopted a new law to
supersede "the former victims' law [i.e. § 10607] that this ... their case. Indeed, in a later law review article about the CVRA, Senator Kyl stated emphatically
that "[w]hen a case is resolved through a plea bargain without the victim ... knowledge or
participation, a grave injustice has been committed by the authorities." Jon Kyl et al., On the
Wings of Their Angels: The Scott Campbell, Stephanie Roper, Wendy Preston, Louarna
https://www.justice.gov/epstein/files/DataSet%209/EFTA00178057.pdf
EFTA00207984Set 9
2011-05-0229p9,189w
criminal process." 150 CoNG. REC. S10910,
S10911 (Oct. 9, 2004) (statement of Sen. Kyl). Accordingly, they adopted a new law to
supersede "the former victims' law [i.e. § 10607] that this ... their case. Indeed, in a later law review article about the CVRA, Senator Kyl stated emphatically
that "[w]hen a case is resolved through a plea bargain without the victim ... knowledge or
participation, a grave injustice has been committed by the authorities." Jon Kyl et al., On the
Wings of Their Angels: The Scott Campbell, Stephanie Roper, Wendy Preston, Louania
https://www.justice.gov/epstein/files/DataSet%209/EFTA00207984.pdf
EFTA01098264Set 9
2011-05-0229p9,339w
criminal process." 150 CoNG. REC. S10910,
S10911 (Oct. 9, 2004) (statement of Sen. Kyl). Accordingly, they adopted a new law to
supersede "the former victims' law [i.e. § 10607] that this ... their case. Indeed, in a later law review article about the CVRA, Senator Kyl stated emphatically
that "[w]hen a case is resolved through a plea bargain without the victim ... knowledge or
participation, a grave injustice has been committed by the authorities." Jon Kyl et al., On the
Wings of Their Angels: The Scott Campbell, Stephanie Roper, Wendy Preston, Louania
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098264.pdf
EFTA01098354Set 9
2011-06-084p4,830w
sense amendment. I hope we will get objection, it is so ordered. Mr. KYL. Mr. President. I ask unanl-
bipartisan support for it. mous consent that the following letter ... These questions relate to an Office of Legal (statements of Sena. Feinstein & Kyl) (em-
Counsel (OLC") Opinion made public on phases added). Read in context, it is obvious pellate courts ... statements of
the victims' rights.
CVRA much more narrowly. In the recent Sens. Feinstein & Kyl). Of course. no such
OLC opinion, for example, the Department limitation would have been necessary
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098354.pdf
EFTA01081503Set 9
2010-12-1716p10,639w
proceedings," which could be read to include before a complaint has been filed. Jon Kyl, Steven J. Twist &
Stephen Higgins, On the Wings of Their Angels: The Scott Campbell, Stephanie ... convicted so that the rights we establish apply throughout the criminal justice
system?
Mr. Kyl: Yes ... .
150 Cong. Rec. 7304 (2004) (colloquy of Sens. Feinstein and Kyl) (emphasis added ... disposition of the case." 150 Cong. Rec. 7302 (2004) (emphasis added).
Similarly, Senator Kyl stated that "[Olds right to confer does not give the crime victim any right
to direct
https://www.justice.gov/epstein/files/DataSet%209/EFTA01081503.pdf
EFTA01098638Set 9
2010-12-1716p10,638w
proceedings," which could be read to include before a complaint has been filed. Jon Kyl, Steven J. Twist &
Stephen Higgins, On the Wings of Their Angels: The Scott Campbell, Stephanie ... convicted so that the rights we establish apply throughout the criminal justice
system?
Mr. Kyl: Yes... .
150 Cong. Rec. 7304 (2004) (colloquy of Sens. Feinstein and Kyl) (emphasis added ... disposition of the case." 150 Cong. Rec. 7302 (2004) (emphasis added).
Similarly, Senator Kyl stated that "[Olds right to confer does not give the crime victim any right
to direct
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098638.pdf
EFTA00800908Set 9
2010-12-1716p10,639w
proceedings," which could be read to include before a complaint has been filed. Jon Kyl, Steven J. Twist &
Stephen Higgins, On the Wings of Their Angels: The Scott Campbell, Stephanie ... convicted so that the rights we establish apply throughout the criminal justice
system?
Mr. Kyl: Yes ... .
150 Cong. Rec. 7304 (2004) (colloquy of Sens. Feinstein and Kyl) (emphasis added ... disposition of the case." 150 Cong. Rec. 7302 (2004) (emphasis added).
Similarly, Senator Kyl stated that "[Olds right to confer does not give the crime victim any right
to direct
https://www.justice.gov/epstein/files/DataSet%209/EFTA00800908.pdf
EFTA00205232Set 9
2011-06-084p4,827w
sense amendment. I hope we will get objection, it is so ordered. Mr. KYL. Mr. President. I ask unanl-
bipartisan support for it. mous consent that the following letter ... statements of
the victims' rights.
CVRA much more narrowly. In the recent Sens. Feinstein & Kyl). Of course, no such
OLC opinion, for example, the Department limitation would have been necessary ... best the CVFL4. If CVRA rights attach (as the De- ment of Sen. Kyl) (emphases added). Simi-
read se providing that the rights identified partment seems to think) only after
https://www.justice.gov/epstein/files/DataSet%209/EFTA00205232.pdf
EFTA01098362Set 9
2011-06-173p641w
supplemental authority is the June 6, 2011 letter of Senator Jon Kyl to the
Attorney General of the United States, regarding the issuance of an opinion by the Department ... which the OW expressed its interpretation of when rights
under the CVRA applied. Senator Kyl disagreed with the interpretation of the CVRA in the
OLC opinion. Petitioners ask the Court ... consider Senator Kyl's June 6, 2011 in determining
whether rights under the CVRA attached in the absence of a formal charge being filed.
Senator Kyl's letter cannot
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EFTA00177701Set 9
2008-07-1790p16,925w
harm language
at issue here, one of the Act's two co-sponsors -- Senator Kyl -- explained that "[t]his is an
intentionally broad definition because all victims of crime deserve ... harm language
at issue here, one of the Act's two co-sponsors -- Senator Kyl -- explained that "[t]his is an
intentionally broad definition because all victims of crime deserve ... harm language
at issue here, one of the Act's two co-sponsors -- Senator Kyl -- explained that "[t]his is an
intentionally broad definition because all victims of crime deserve
https://www.justice.gov/epstein/files/DataSet%209/EFTA00177701.pdf
EFTA00021442Set 8
2019-07-2370p21,698w
reason Congress required that
rulings should be "forthwith" was to help victims. As Senator Kyl explained, "[t]he enforcement
provisions of this bill ensure that never again are victim ... rights might be stripped away through contract law
principles. To the contrary, as Senator Kyl explained, "it is the clear intent and expectation of
Congress that the district . . . courts will ... rights we establish." 150 Cong. Rec. 22953 (Oct. 9, 2004) (statement of Sen. Kyl) (emphases
added). Accordingly, this Court's remedial task is not to ensure that the NPA conforms
https://www.justice.gov/epstein/files/DataSet%208/EFTA00021442.pdf
EFTA00022546Set 8
2019-07-2370p21,586w
reason Congress required that
rulings should be "forthwith" was to help victims. As Senator Kyl explained, "[t]he enforcement
provisions of this bill ensure that never again are victim ... rights might be stripped away through contract law
principles. To the contrary, as Senator Kyl explained, "it is the clear intent and expectation of
Congress that the district . . . courts will ... rights we establish." 150 Cong. Rec. 22953 (Oct. 9, 2004) (statement of Sen. Kyl) (emphases
added). Accordingly, this Court's remedial task is not to ensure that the NPA conforms
https://www.justice.gov/epstein/files/DataSet%208/EFTA00022546.pdf
EFTA00804328Set 9
2016-02-1057p17,298w
This codification builds on the fact that Senator
Kyl, the Senate co-sponsor of the CVRA, took to the Senate floor to directly express his approval of this Court ... ruling. 157 Cong. Rec. S7060.01 (statement of Senator Kyl) (Nov. 2, 2011) (applauding this Court's decision and
48
EFTA00804375
Case 9:08-cv-80736-KAM Document 361 Entered
https://www.justice.gov/epstein/files/DataSet%209/EFTA00804328.pdf
EFTA00210669Set 9
2015-02-0620p6,502w
construe § 3771(d)(5) in the perverse fashion advocated by the Government. Senator Kyl, one of
the two co-sponsors of the Act, explained that "[Oils provision ... proceedings to be redone." 150 CoNG. REC. 22954 (Oct. 9, 2004) (statement of Sen. Kyl)
(emphasis added). He went on to emphasize that "[l]t is important for victims' rights ... provided in the CVRA. 150 CONG. REC. 22953 (Oct. 9, 2004)
(statement of Sen. Kyl). The best way the Court can "ensure" that Jane Doe No. 3 and Jane
https://www.justice.gov/epstein/files/DataSet%209/EFTA00210669.pdf
EFTA01081439Set 9
2015-02-0620p6,536w
construe § 3771(d)(5) in the perverse fashion advocated by the Government. Senator Kyl, one of
the two co-sponsors of the Act, explained that "[Oils provision ... proceedings to be redone." 150 CoNG. REC. 22954 (Oct. 9, 2004) (statement of Sen. Kyl)
(emphasis added). He went on to emphasize that "[l]t is important for victims' rights ... provided in the CVRA. 150 CoNG. REC. 22953 (Oct. 9, 2004)
(statement of Sen. Kyl). The best way the Court can "ensure" that Jane Doe No. 3 and Jane
https://www.justice.gov/epstein/files/DataSet%209/EFTA01081439.pdf