Thread by @KlasfeldReports

Good morning from New York.

With Ghislaine Maxwell's trial looming later this month, the parties are meeting for a pre-trial conference on the cusp of jury selection later this week.

Follow the proceedings with me, @LawCrimeNews.

Assistant U.S. Attorney Alison Moe for the government.

Bobbi Sternheim for the defense.

U.S. District Judge Alison Nathan presides, and she says the purpose of the conference is to address the motions in limine, i.e. exclude evidence.

She notes she ordered the motions public.

This is Ghislaine Maxwell's motion opposing the government's request for witnesses to testify with pseudonyms. documentcloud.org/documents/2109…

Judge Nathan starts with this motion—immediately DENYING the request to preclude feds from using the word "victim."

ICYMI: "Ghislaine Maxwell Asks Judge Not to Let Prosecutors Mention 'Victims,' 'Minor Victims' or Alleged 'Rape' by Jeffrey Epstein" lawandcrime.com/high-profile/g…

She calls it both "unnecessary" and "impractical" to prevent prosecutors from using the word "victim," an issue that—of course—has received national attention in another high-profile case recently.

The opposite ruling than the Rittenhouse case.

lawandcrime.com/live-trials/li…

Judge Nathan GRANTS the government's request to let the witnesses testify using pseudonyms, which Ghislaine Maxwell's defense opposed.

Nathan: "I agree with the government that limiting disclosure here" will prevent the witnesses/alleged victims from being harassed by the public or members of the media.

She says courts have allowed this regardless of whether the victims are minors.

Judge Nathan cites the Keith Raniere case in finding that, without allowing witness anonymity, alleged victims might be chilled from testifying.

For clarity:

A simpler way of saying the judge denied Maxwell's request to preclude the government from using the word "victim" would be — she allowed prosecutors to use that word.

The govt wants to exclude evidence of the Epstein plea deal in Florida, the time lag before Maxwell's indictment and argument that feds had an improper motive to prosecute her.

In hearing that now, Nathan notes defense claims of improper motive usually go to judge, not jury.

Judge Nathan DENIES evidence and arguments that media coverage drove the government's investigation:

"The court finds that this specific proffered evidence is irrelevant to the charged conduct and is therefore inadmissible."

Ghislaine Maxwell's lawyers wanted to talk to the jury about Miami Herald coverage, statements by then-AG Bill Barr, "and the like," the judge says.

Judge Nathan rejects that.

"For purposes of the jury, 'the government is not on trial,'" Nathan reminds the defense.

Judge Nathan will EXCLUDE evidence of the non-prosecution agreement, which was part of Epstein's plea deal in Florida.

She previously ruled the NPA doesn't shield Maxwell. lawandcrime.com/high-profile/j…

For those keeping score, Ghislaine Maxwell has been losing on her pre-trial motions to exclude and on her challenges to their limine motions.

The hearing continues, however.

The judge excludes emails arranging dates/meeting between Epstein and non-minors, finding that they are not relevant to the crimes charged, which involve minors.

Read the developing coverage here, which will be updated after the ongoing hearing.

https://twitter.com/lawcrimenews/status/1455202777349640197?s=20

15 minute break.

Service advisory:

There are scores of motions to exclude or introduce evidence being adjudicated here. Some of those motions appear to be sealed, and so some context may be missing. We'll update the story as details become public.

We're back:

The judge turns to Ghislaine Maxwell's motion to exclude evidence related to "Minor Victim-3," who they say was not a minor.

Their motion— storage.courtlistener.com/recap/gov.usco…

(This person was 17 years old at the time.)

Again, the judge appears skeptical that the allegations about her are relevant to the crimes charged.

AUSA says that this person knew about Epstein's predilection for minors, including conduct involving other alleged victims.

The prosecutor notes that lawful conduct can be introduced as evidence of unlawful conduct.

She compares it to a robbery case where someone bought a ski mask on the day of the crime. Buying a ski mask is legal.

Judge Nathan requests further briefing and lets the parties know her leanings.

"I don't think there's a basis to exclude entirely," she says, adding that she doesn't believe it's direct evidence of the Mann Act counts.

The judge said that it could be probative of other counts, subject to a limiting instruction for the jury.

The government does not seek to introduce evidence of alleged flight, at trial.

The judge turns to Ghislaine Maxwell's motion to exclude items seized during the search of Epstein's Palm Beach home in October 2005. storage.courtlistener.com/recap/gov.usco…

Judge Nathan denies Maxwell's motion to suppress evidence that one of her alleged victims identified her from a photo array. storage.courtlistener.com/recap/gov.usco…

AUSA says the government has not extended a plea offer to Maxwell, who has not requested one.

Hearing adjourned following arguments of Maxwell alleging mistreatment in jail before trial.

Story to be updated later.