Ghislaine Maxwell heads to the Second Circuit today in another effort for pretrial release, a bid rejected three separate times on the district court level.
Ghislaine Maxwell's lawyer tells the panel: "She's kept at night every 15 minutes with lights shining in her eyes so that they can check her breathing."
"They're doing it because Jeffrey Epstein died on their watch, and again, she's not Jeffrey Epstein."
Maxwell's counsel: "The government has said that it wants to put her in jail for the rest of her life, and yet, she can't meet with counsel. She's stuck trying prepare for trial over a video screen like this."
Prosecutor up next. 5 minutes for each.
The judge asks the government the basis for viewing her as a suicide risk.
AUSA says that it's based on BOP's assessment of the defendant and her sucurity.
Judge: "I don't know if you're planning to get to my question."
AUSA: "My understanding is that this is a BOP assessment"
Multiple judges question the government about the suicide risk assessment, which the AUSA calls "routine."
Judge, incredulous: "Routine to shine lights in the eyes over every prison, every 15 minutes during the night?"
Judge asks whether there should be an independent psychiatrist advising the court on the question of whether Maxwell is a suicide risk.
He notes it's one of the defense's main complaint and may be caused by the BOP not wanting to "risk another embarrassment to itself."
Tackling Maxwell's claim that her conditions prevent her from preparing for trial, AUSA says that she has 91 hours a week to review discovery.
Maxwell's lawyer David Markus is back up, pushing back at the government's description of her treatment as "routine."
"She's being treated differently than any other inmates ever in that institution."
The BOP has never said that she's suicidal, Markus argues.
One of the judges describes Maxwell's "significant ties to foreign countries" and "significant financial resources," in pointing out Judge Nathan's findings that she's a risk of flight.
Five minutes were allotted to each side for this morning's arguments.
Clearly, we're well beyond that now.
Arguments finally concluding, the court reserves decision.
ICYMI: "Second Circuit Judges Question Putting Ghislaine Maxwell on Suicide Watch in Appeal of Detention Orders" lawandcrime.com/high-profile/s…
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"I fly Southwest a lot," @shannonrwatts quips, reacting to Wayne LaPierre's testimony that he travels exclusively by private charter jet for security.
As the NRA trial restarts today, catch up with my podcast for highlights, context and interviews here. podcasts.apple.com/us/podcast/ep-…
The NRA's ex-CFO and treasurer Craig Spray testimony continues today.
When we left off, Spray testified to a culture of "Wayne says," meaning the NRA ran by LaPierre's fiat and allow subordinates to flout internal policies.
Testifying now in the NRA bankruptcy case is the group's board member, Wichita Judge Phil Journey.
The trial has resumed after the lunch recess.
When asked before the break whether he described Wayne LaPierre's filing of the bankruptcy filing as a fraud upon the court, Judge Journey answered: "Yes."
Gruber is now rolling tape from LaPierre's March 23rd deposition, where he cited the NYAG's action to dissolve the NRA or put it into receivership as the reason to file for bankruptcy.
NRA's general counsel John Frazer previously testified that he did not know that he did not know Wayne LaPierre's contract allowed him to file Chapter 11, Gruber notes.
Gruber asks LaPierre about that.
LaPierre: "I don't know what Mr. Frazer understood at that point."
Wayne LaPierre has now taken the stand in the NRA bankruptcy trial. Here is our preview story on his testimony, which will be updated throughout the day.
James Sheehan, the @NewYorkStateAG's charities chief, is currently grilling him.
Q: Is it true you send no emails?
A: That's correct.
Q: Is it true that you send no texts?
A: That's correct.
Sheehan asks LaPierre about whether he filed the bankruptcy petition to dodge the NYAG suit.
"We filed this bankruptcy to look for a fair legal playing field where the the NRA can prosper and grow," LaPierre claims, calling the New York atmosphere toxic and weaponized.