a ' ' Case 9:08-cv-80736-KAM Document 85-1 Entered on FLSD Docket 06/17/2011 Page 3 of 4 S3608 CONGRESSIONAL RECORD — SENATE June 8, 2011 U.S. SENATE, right to direct the prosecution. Prosecutors right to fair treatment and their right to Washington, DC, June 6, 2011. should consider it part of their profession to confer with prosecutors when the Justice De- Hon. ERIC H. HOLDER, Jr., be available to consult with crime victims partment is negotiating pre-indictment plea Attorney General; U.S. Department of Justice, about concerns the victims may have which agreements and non-prosecution agreements Washington, DC. are pertinent to the case, case proceedings or with defense attorneys, including negotia- DEAR ATTORNEY GENERAL HOLDER: I am dispositions. Under this provision, victims are tions within the Fifth Circuit? writing about the Justice Department’s im- able to confer with the Government’s attorney CRIME VICTIMS’ RIGHT TO APPELLATE plementation of the Crime Victims’ Rights about proceedings after charging. PROTECTION Act—an act that I co-sponsored in 2004. 150 Cong. Rec. $4260, $4268 (Apr. 22, 2004) Protection of crime victims’ rights in ap- These questions relate to an Office of Legal (statements of Sens. Feinstein & Kyl) (em- pellate courts is an important part of the Counsel (“OLC”) Opinion made public on phases added). Read in context, it is obvious CGVRA. As you know, when Congress passed May 20, 2011 and more broadly to concerns 1 that the main point of my remarks was that the CVRA, the federal courts of appeals had have heard from crime victims’ advocates a victim’s right to confer was ‘intended to recognized that crime victims could take or- that the Department has been thwarting ef- be expansive.” Senator Feinstein andI then dinary appeals to protect their rights. See, fective implementation of the Act by failing gave various examples of situations in which e.g., Doe v. United States, 666 F.2d 43, 46 (4th to extend the Act to the investigative phases vict