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underscore that the plain meaning favors Petitioner.
First, the government notes (as did the Second Circuit)
that the NPA explicitly limited Epstein’s own immunity
to the Southern District of Florida, pointing to a clause
stating that after Epstein fulfilled the agreement, “no
prosecution for the offenses set out on pages 1 and 2 of
this Agreement... will be instituted in this District.”
(App. 26a). The government then urges the Court to
follow it through the looking glass, offering the
inexplicable suggestion that the absence of a similar
“in this District” qualifier in the co-conspirator clause
should be ignored as immaterial. Opp.9.
Of course, basic interpretive canons point in exactly
the opposite direction. When parties include an
express territorial limitation in one clause of a
contract and omit it in another, the omission must be
presumed intentional. Antonin Scalia & Bryan A.
Garner, Reading Law: The Interpretation of Legal
Texts (2012). As Justice Scalia and Bryan Garner have
explained, “a material variation in terms suggests a
variation in meaning.” Jd. at 170. Here, the drafters
knew how to confine the promise to a single district —
they did so for Epstein’s personal non-prosecution
assurance. Yet when it came to Epstein’s “potential
co-conspirators,” the drafters chose broad, unqualified
language. In fact, not only did the parties use an
unrestricted jurisdictional clause for the co-conspirators,
they amended the document from a previous draft in
which the co-conspirator immunity was limited to the
Southern District of Florida, changing it to refer more
broadly to the “United States.” (Pet. 3; App. 95, 108-126).
The government’s interpretation cannot be correct
because it would render superfluous the phrase
“in this District” in the Epstein clause. If the “United
States” means just the Southern District of Florida,
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