Case 9:08-cv-80736-KAM Document 88 Entered on FLSD Docket 07/09/2011 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 and JANE DOE #2, Petitioners, vs. UNITED STATES, Respondent. / UNITED STATES' RESPONSE TO PETITIONERS' NOTICE OF NEWLY-AVAILABLE SUPPLEMENTAL AUTHORITY Respondent, by and through its undersigned counsel, files its Response to Petitioners' Notice of Newly-Available Supplemental Authority, and states: On June 17, 2011, petitioners filed their Notice of Newly-Available Supplemental Authority in Support of Their Motion for Finding of Violations of the Crimes Victims Rights Act (DE 85). The 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 of Justice's Office of Legal Counsel, in which the OLC 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 to 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 be considered by this Court as legislative history because it was written in 2011, seven years after the enactment of the CVRA, Pub. L. 108-405, 118 Stat. 2261 (Oct. 30, 2004). In Bruesewitz v. Wyeth, LLC, 131 S.Ct. 1068 (2011), the Supreme EFTA02753401