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Case 22-1426, Document 59, 02/28/2023, 3475902, Page28 of 113 That this was a manipulation designed to prejudice the jury against Maxwell was eloquently proven by Carolyn who wasted no time in granting an interview with the Daily Mail after the verdict was reached. And Kate did not even wait until after the verdict as she made public statements before trial. POINT I ALL COUNTS SHOULD BE DISMISSED PURSUANT TO THE NON-PROSECUTION AGREEMENT The Government negotiated an agreement with a criminal defendant and that defendant fulfilled all the conditions to the enforcement of the agreement, including a state guilty plea. As the Supreme Court held, “when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled. Santobello v. New_York, 92 8. Ct. 495, 499 (1971). On September 24, 2007, the Government and Epstein entered into a nonprosecution agreement. The NPA immunized Maxwell as a “potential co- conspirator.” A. TheNPA The NPA begins with several factual recitals. The recitals state, among other things, that (1) the “United States Attorney’s Office” and the Federal Bureau of DOJ-OGR-00021075