Thread by @jentaub

☎️Waiting on the phone for the arraignment and bail hearing at the SDNY to begin for Ghislaine Maxwell. Begins at 1 p.m. More soon.

Here we go. They are doing audio checks. They are calling the case now.

2/

Judge Nathan is calling the case. US v. Ghislaine Maxwell. First Mark Cohen counsel for Maxwell and two others.
Alison Moe for government with two other colleagues.

3/

Judge said, "Good afternoon Ms. Maxwell as well."
Maxwell, "Good afternoon, judge."

Note, they are in a video conference, while I am listening only by phone. Judge confirms Maxwell can see and hear her and the lawyers. She can. Her voice is calm and polite.

4/

Dealing with some technical issues as overflow call-in line is full. Now that's resolved.

Court reporter confirms she is on the line.
Pre-trial services officer is on the line too.

5/

Arraignment, initial scheduling conference and bail hearing for Ms. Maxwell. The judge explains that she is authorized under the CARES Act to conduct this hearing via videoconference. Says Maxwell is in Brooklyn at the correctional facility attending.

6/

Judge received a signed waiver of physical presence and asks her attorney, Cohen to explain steps he took to obtain Maxwell's authorization to sign it on her behalf.

7/

"That is completely accurate, your honor," says Maxwell. She has seen the form and discussed with her attorney. Judge confirms that she continues to agree to waive her right to be physically present.

8/

Judge must also find that these proceedings cannot be further delayed, asks Ms. Moe to speak to that.

Cohen also said he agreed

9/

Cannot be further delayed in the interest of justice.

Judge now addresses public interest in this case. Explained that there is a room with 60 people with social distancing to watch in courtroom and a pressroom with video feed. And

10/

And live audio feed by phone that has 1000 callers right now.

Also a line for victims and their families to be heard during bail hearing portion.

11/

Judge runs through how Covid-19 requires these measures that preclude having a live appearance with limited live access by the public.

12/

Says there are "no reasonable alternatives" to these measures so comports with defendant's constitutional rights

13/

Alison Moe explains that this is a superseding indictment, but the only changes between this and the original were ministerial, small changes to docket numbers references.

14/

Maxwell said she saw the original indictment. So Judge asks whether he has explained the ministerial changes to Maxwell. He said yes and does not object to proceeding with this.

15/

Maxwell confirms she has had opportunity to discuss the indictment and wishes to waive public reading.

Maxwell says she pleads "not guilty" to the indictment.

16/

We have now moved on from the arraignment to the scheduling portion.

17/

Attorney Alison Moe is discussing materials she'll be sharing with defense: Search warrant returns, search warrants; subpoena returns (photographs, electronic devices); prior investigative files from southern district of Florida. Needs protective order first

18/

Moe said she has spoken with defense counsel to schedule the discovery through trial date. Will produce bulk of materials by end of summer. Electronic materials still subject to privilege review.

19/

Judge asks about prior investigative files.

Moe said she's speaking of FBI files from Florida from a Jeffrey Epstein investigation which are now at NY FBI office.

20/

Judge asked about beyond paper files from previous investigations, is there other additional information that must be disclosed

Moe said her team met with FBI in FL to make sure they had the materials and she said they told her what they gave her was "comprehensive set"

21/

Judge asked for "thoughtful and critical pushing and pressing of questions and issues," implying that Moe should not just take their word for it

22/

Moe proposes discovery to be due by Monday, November 9th. Defense motions due by November 21, gov't response due January 22, 2021, replies in February, 2021.

Cohen said but August 21 should be production of subpoenas and search warrant returns. Moe agreed

23/

Cohen said that the trial schedule is based on the most recent indictment, and things could change if there's another superseding indictment

24/

Moe told judge that while the investigation remands ongoing they do not anticipate a superseding indictment.

25/

Judge asks Moe how they plan to comply with the Crime Victims Rights' Act.

Moe runs through what they have doe so far in terms of notice.

26/

Moe said they are using an "opt in" process and not going to keep notifying potential victims if they don't.

Three victims have expressed interest in today's proceeds. One will be heard directly today. The other two have submitted some form of written statement

27/

Moe anticipates a trial that will last two weeks, with no more than two weeks for its case in chief.

28/

BREAKING: Ghislaine Maxwell trial set to commence on July 12, 2021.

29/

Moe said in view of the schedule, the government wishes to exclude time from today's date until July 12, 2021 for speedy trial act, Cohen is fine with that too.

30/

We are now turning to the bail argument portion of the hearing.

31/

Government made a motion for detention. Judge will hear first from the government, then victims, then Mr. Cohen.

Cohen agrees with this plan.

32/

Alison Moe said that Ghislaine Maxwell "poses an extreme risk for flight." Says pretrial services and the victims seek detention.

She has not fully disclosed finances strong international ties, ability to live beyond the reach of extradition, strong incentive to flee.

33/

Moe says presumption has not been rebutted that there's no reasonable assurance she will come back to court for trial.

Moe runs through indictment about transporting minors across state lines, conspiracy to sexually exploit children, etc.

34/

Moe said Maxwell "enticed and groom girls who were as youg as 14 years old for sexual abuse by Jeffrey Epstein" and that she participated in some of these acts herself. And that this was not an isolated incident, but instead an ongoing scheme, many victims, for years

35/

Moe said Maxwell has been moving from place to place to hide her whereabouts according to pretrial services.

36/

Judge asks Moe if it is accurate that Maxwell's lawyer stayed in touch with government.

But Moe said this only began after she was served in connection with Epstein, and did not involve sharing her whereabouts, and were not substantial

37/

Moe said Maxwell has "insufficient ties to motivate her to stay in the United States." But has ties abroad. Maxwell is a citizen of UK and France & owns property in UK

Said France will not extradite a French citizen to the US. And said extradition process in UK is uncertain 38/

Moe said that Maxwell has access to "significant, undetermined, and undisclosed wealth."

Claims that she provided limited, unverified and questionable information.

Maxwell claimed to "have zero dollars per month of income" according to Moe.

39/

Judge probes a bit on this zero monthly income. Moe says it doesn't make sense that she has no income given her lifestyle. Perhaps trust or other investment income.

40/

Another eg of being evasive. Maxwell told pretrial services the NH property where she lives was owned "by a corporation" whose name she did not know but was permitting her to stay there. Real estate agent told FBI of alias she used.

For law geeks an LLC is NOT a corporation

41/

Moe said Maxwell could "live off the grid indefinitely."

42/

Judge asked Moe about whether based on the briefing that Maxwell resisted opening the door, suggestion of effort to conceal location monitoring by placing cellphone in foil.

43/

Moe said when law enforcement announced her presence and asked for her to open door, she did not. Went into another room and also wrapped phone in aluminum foil.

44/

Moe said her disclosure of net worth and liquid assets were evasive. Over ten million dollars. Says trustees of her assets are friends or close associate. Yet she did not mention this trust.

45/

Moe on Maxwell: "She has not earned the court's trust."

46/

Unbelievable. Ghislaine Maxwell has offered to stay in a luxury hotel in Manhattan on her own dime (but claims to have no monthly income).

47/

In conclusion, Moe on behalf of the government wants detention. Judge got her to clarify it's not based on dangerous to the community, but is instead resting on risk of flight.

48/

Moe reading a written statement from an alleged victim, and then another alleged victim will speak

Jane Doe's written statement: "I knew Ghislaine Maxwell for over ten years." Described how she delivered her to Epstein. "Without Ghislaine, Jeffrey could not have done" this

49/

Jane Doe's statement called Maxwell a "predator and a monster." That she used emotional manipulation to draw in girls and satisfy Epstein. Said she perjured herself. Fears she will flee.

50/

Jane Doe written statement said her two-year-old child's life was threatened when she was scheduled to testify against Maxwell her in a civil case.

51/

Now there's a person who wished to be heard in her true name. Annie Farmer.

52/

Annie Farmer begins, "can you hear me, your honor."

Her voice is shaky. Said she met Maxwell when she was 16. Called her a sexual predator who has never showed any remorse. Said she poses a danger. Has committed perjury and has contacts across the globe,

53/

Farmer concludes by asks court to detain Maxwell until she faces trial.

54/

Judge again asks whether government is asking court to make any findings about danger to the community despite fear victims have expressed. Moe confirms.

55/

Now Maxwell's attorney Cohen is speaking.

Said "our client is not Jeffrey Epstein" and that it would be "unrealistic" to prepare a defense for her while she is in custody given Covid.

56/

Our client "is not the monster that has been portrayed by the media and the government." She said she has family and friends.

57/

Cohen said Maxwell is concerned about her privacy and confidentiality. Complains that government has put a "spin" on this case.

58/

Cohen said members and her friends and family have been stigmatized for being associated with her and will not come forward publicly "who can't now" because of their safety and confidentiality concerns.

59/

Said court should consider this factor.

60/

Cohen complains that the government has not cited the legal standard for pretrial release.

61/

Is it just me or does Cohen seem like he's about to cry?

62/

I know it's not part of the legal standard for determination of retention vs. bail, but if it were me I would mention fear that she might die in prison

63/

Cohen is running through a number of examples. And now he's responding to allegations made against Maxwell.

64/

Cohen said they government trying to make her look "sinister." Said she is not looking to flee.

Now he says one of the people who spoke is looking for millions of dollars from Maxwell, "something for the court to consider."

65/

Said she's spoken from 8-10 times with government urging them not to bring this case "which should not have been brought."

66/

The judge poses a question to Cohen. Are you saying that defense counsel was trying to arrange a voluntary surrender?

He said no. He said told them not to indict. Said he was implying he should be contacted.

He's upset that she was arrested.

67/

Hold the phone. Why should she be better than any other person accused of child sexual assault and conspiracy? What's wrong with an arrest instead of a voluntary surrender.

Insulting

68/

Talk about chutzpah

69/

Cohen says Maxwell is not a risk of flight.

70/

TBH, he's doing a good job for her considering

71/

His project is to re-characterize as reasonable or benign the facts that Moe relied on to show that Maxwell was a flight risk.

72/

He's wrapping it up now. Says that if she was going to flee she would have done so already. Fact that she's hiding out in home in New Hampshire (which is obviously in the United States) and that he's been in touch with gov't shows she is not a flight risk, Cohen explains.

73/

Finally, Cohen said perjury charge should not tip the balance. Said she's innocent on that until proven guilty.

74/

Actually, he's got more to say . . . .

75/

He mentioned reason she move money out of a bank account was because bank dropped her

76/

He's still going . . . .

77/

Cohen is suggesting the indictment might not even survive.

78/

He references the NPA (non-prosecution agreement) from the federal case years ago in FL where as part of the settlement with Epstein, as I recall, the government in the SD of FL agreed not to charge her etc).

79/

"This is a case about tactics," Cohen said because the time period charged is not covered by that NPA.

That's insulting, honestly. This is a case about raping children.

80/

Said this conduct is 25 years old. Complaining there are no tapes and video.

81/

The judge asked Cohen to repeat his last point.

He does mumble.

Still hard to understand what he's saying

82/

Cohen said he came forward with the best bail package he could with limited notice.

Said she's been living what is like solitary confinement. Couldn't shower for 72 hours. In a room with lights on 24-7

83/

The judge is still confused about what point he's making.

84/

Judge says are you suggesting that her current detention was "by design" to prevent him from presenting a full picture of her financial position.

Cohen said no. But he's still saying he had little access because she did not get to surrender on her own time

85/

This strains credulity. Seems to be saying when she allegedly evaded pretrial services about "a real estate transaction" it is excusable because "off the top of her head" she would not know answers?

86/

Nathan is an excellent federal judge. This process is incredibly fair and instead of saying things like, "cut the shit," she just asks for clarity.

87/

Cohen doesn't like the idea of her staying in custody for months and months when they prepare her case.

88/

Judge is now said whether a defendant is detained for flight risk or for dangerousness, they are still entitled to defense under Fifth Amendment.

89/

Cohen is at last concluding. . . .

90/

It's hard to predict what Nathan will do

91/

Will the judge allow Ghislaine to live in a luxury hotel in Manhattan, or will she instead be detained in a correctional facility in Brooklyn?

Before we learn the answer, the government has an opportunity to reply.

92/

Moe for the government reminds the judge that Maxwell was indicted by a grand jury. Runs through the allegations. Repeats her flight risks concerns.

93/

Also, Moe points to the precedent in the detention of Epstein without bail. Further said indictment is not tactical re the NPA.

94/

Moe says given the "totality of circumstances," Maxwell is a flight risk and bail should be denied. She has not rebutted the presumption of detention in this case.

95/

Judge is asking legal question of Moe. Asks whether she agrees with Cohen that you fail to address the burdens of government under the statutory provision?

Moe said it's defendant's burden of production. She has failed to meet that burden.

96/

The judge has a further question as to whether the victim statements are relevant despite their legal entitlement to be heard under CVRA. What is gov't position re relevance in the bail analysis.
Moe said the gov't has not proffered the victim testimony to support its motion

97/

Moe said the court can and should take into account the nature of the conduct the victims described

98/

Judge Nathan invites brief final points. Cohen complains about victim statements (what he called the CVRA evidence).

Cohen says that Judge Berman's bail denial for Epstein was really about dangerousness so that's why he did nto address.

Sure, Jan.

99/

Cohen thanks the court for her time. Again asks for bail.

100/

The Judge said she is prepared to make her ruling.

101/

Judge goes through the law. She's presumed innocent. Only grounds of detention are flight risk or dangerousness.

Runs through the standard

102/

https://twitter.com/jentaub/status/1283116425306091521?s=20

103/

That should say three weeks