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what parties mean when they use the term “the
United States” without further qualification.
II. The Second Circuit’s decision below is wrong
and violates the principles set forth in this
Court’s prior opinions.
In attempting to defend the Second Circuit’s out-
come, the government advances a series of contentions
about the Epstein NPA’s scope, the U.S. Attorney’s
authority, contract law doctrines, and canons of con-
struction. Each lacks merit.
As the government acknowledges, Opp.8, the start-
ing point in any contract is the text. Here, the text
could not be more clear. In exchange for Epstein’s
guilty plea and other penalties and concessions,
“the United States also agrees that it will not
institute any criminal charges against any potential
co-conspirators of Epstein, including but not limited
to [four names].” (emphasis added).
This promise is unqualified. It is not geographically
limited to the Southern District of Florida, it is not
conditioned on the co-conspirators being known by the
government at the time, it does not depend on what
any particular government attorney may have had in
his or her head about who might be a co-conspirator,
and it contains no other caveat or exception. This
should be the end of the discussion. See Santobello v.
New York, 404 U.S. 257 (1971) “[W]hen 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.”) Ggnored by the government in its opposition).
The government seeks to evade this straightforward
language by focusing on other clauses in the NPA and
on extrinsic context, Opp.8-10, but its efforts only
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