Thread by @innercitypress

OK - in US v. #GhislaineMaxwell, it's the Saturday "charging conference" to argue how the jury will be instructed before they deliberate on Maxwell's fate. Inner City Press will live tweet, thread below. #MaximumMaxwell

https://twitter.com/innercitypress/status/1472206775936077832

Judge Nathan: I have distributed my draft charge. Now we will discuss it.
Maxwell's lawyer Everdell: We say foreign commerce should be excluded. There's no evidence in the record about Ms. Maxwell enticing Virginia Roberts, only of Roberts enticing Carolyn.

AUSA: We're OK with removing foreign commerce from Counts 1-4.
[Note: Ghislaine Maxwell is here, sitting in the corner as ever with two (female) U.S. Marshals behind her, today in gray sweater.]
Judge Nathan: Mr. Everdell, help me find each "foreign commerce."

Everdell: We want it to say that Count 4 relates solely to Jane. With respect to Kate, there was no violation of New York law - she was above the age of consent. And Annie, whatever she may be claiming in New Mexico, there was no violation of law. So only Jane

Maxwell's lawyer Everdell: Annie and Kate are not victims of this conspiracy.
Judge Nathan: That's why there was a different limiting instruction.
Everdell: Traveling from Arizona to New Mexico did not have its object violating New York law.

AUSA: You're conflating the conspiracy and the substantive counts.
Judge Nathan: The [defense] objection is overruled. Page 15 adding "solely" between "relates" and the world "to." That is, "relates SOLELY to" Jane.

Everdell: Page 16, line 2 - also change that.
Judge Nathan: I will.
Everdell: Let's take out the word "minor," it creates a lot of ambiguity.

Judge Nathan: let's say, "individuals under the age of 18."
[Visual update: upon further reflecting, Maxwell's sweater may be green. Her brother in the front row of the gallery takes down his mask, takes swig of bottled water]

[Update: Maxwell's brother, reading from a cell phone, puts his mask back up.]
Everdell: We'd like to omit another "or foreign"
Judge Nathan: Done.

Everdell: We object to the word coerced, we'd like it removed.
[Bobbi Sternheim come from front table back to where Everdell is, next to Maxwell, and whispers in his ear, pointing at Judge Nathan's charge. A copy of a case is handed to AUSA Rohrbach]

Everdell: I can get you a typewritten proposed instruction, like the one given by Judge Rakoff in US v. Miller.
[Pause while Judge Nathan and AUSA Rohrbach and AUSA Maurene Comey read the case they've been handed]

Judge Nathan returns with a Federal Appendix case found by "my crack law clerks." It seems the 2d Circuit, to which Judge Nathan aspires, permits two different charges on "one dominant purpose."
Everdell: Page 24, we want it to say "Ms Maxwell" not "the defendant"

Everdell: We want the word "solely" on line 12.
Judge Nathan: Done. And I'll strike "and foreign" on page 25.
Everdell: There, we also object to the use of the language of the statute - we want a bracket.
Judge Nathan: I spent an inordinate amount of time on this

Maxwell's lawyer Everdell: here it says "between the US and a foreign country." That should be out.
AUSA: Fine.
[Note: Now it's Menninger huddling in the corner with Ghislaine Maxwell, who is speaking with her hands - whispering through mask but gesticulating]

Everdell: In the title, we'd like to change minor to person under 18.
AUSA: The indictment says "minor." But we are not seeking to send the indictment back with the jury.
Judge Nathan: So you are in vigorous agreement.
[Laughter among lawyers.]

[Note: Maxwell's lawyer Menninger has picked up her bag and coat and she's left the courtroom. Everdell is running the show on the jury charge, vs AUSA Rohrbach (though AUSA's Lara Pomeratz and Maurene Comey taking and passing copious notes).

Everdell: With respect to Jane, we want to use the word "alleges." And here, we'd like you to simply eliminate the reference to age.
AUSA: We can remove age, let the jury decide Annie's age.
Everdell: We preserve our objection with respect to the topless massage.

Maxell's lawyer Bobbi Sternheim jumps in and gets a change. By contrast AUSA Lara Pomerantz passes a note to AUSA Maurene Comey, who reads it and passes it on to AUSA Rohrback, who's doing the speaking. He says, We're OK to cut "including at times Maxwell."

Judge Nathan: So we're taking Kate out of the overt acts. And, let's take a break.
[This one is not for the jury - they're not here today]
Interim podcast coming - watch this feed.

Here's the mid-charging conference podcast, thread continues below anchor.fm/innercity-pres…

Everdell: We want the "conscious avoidance" language out. The record shows people saying their ages. I need to break this into 2 pieces. There was testimony about multiple females being at the Palm Beach residence. But what ages did they look like?

Everdell: Mr. Alessi said he only saw two people who looked under age. Jane says she was 14 or 15 and we say no, she was older. Carolyn says, I was such and such age. But we say we made nothing to do with Carolyn.

Everdell: Maybe Mr. Epstein slipped in a couple of teenagers.
AUSA: Carolyn was told to say she was 18.
Everdell: Carolyn was told by *Virginia* to say she was 18. That doesn't have anything to do with Ms. Maxwell.

Judge Nathan: We're going to include it. Wait, I have a comment on my own draft. The "he" should be replaced with "she."
Everdell: There were witnesses with felony convictions. We'd like the Sand instruction on the credibility of witnesses.

AUSA: We're not aware of this instruction being given in this District.
Judge Nathan: I haven't given that instruction.
Everdell: Maybe on cooperators?
Judge Nathan: Looks like I have give it as a separate instruction, in US v. Berry [Inner City Press also covered

Everdell: We want the instruction that US but not the defense can offer immunity. One of our witnesses said they would invoke the Fifth.
AUSA: Virginia Robert could have been called by the defense --
Defense: I'm not referring to her. I'm referring to Sarah Kellen

AUSA Rohrback: We don't want in closing the argument about the empty chair and why the government is prosecuting.
Everdell: Let's turn to the verdict sheet. Take out the word minor, put in "individuals under the age of 17."
Judge Nathan: OK.

AUSA: We have one nit. Where it's supposed to be, Mark your verdict with a check mark, you actually use a "T" in parenthesis.
Judge Nathan (laughs) I don't know how that got in there. We'll fix it.
Judge Nathan: This should be a two hour closing.

AUSA Comey: But we have exhibits. So two and a half.
Judge Nathan: Can you do thirty for the rebuttal?
AUSA Comey: I'd ask for the court's indulgence for more
Judge Nathan: Thirty five minutes.
[So 5 hours and 35 minutes and the charge, short lunch, Judge says]

Judge Nathan: The charge is 80 pages. My favorite part of the job, reading the charge (laughs). It should take an hour.
[So 6 hours and 35 minutes, plus breaks and lunch - can fit between 9 am and 6 pm, on Monday. #MaximumMaxwell

AUSA Maurene Comey: To keep things confidential, during closings some exhibits will only be on the jurors' screen, not the public screen. We'll also turn the podium.
Judge Nathan: I will work on finalizing the charge.
[But will it go into the docket? Story soon

Addendum: Maxwell stayed in the courtroom after some others left. Finally the two Marshal escorted her toward the prisoners' door - she stopped on the way and exchanged words with her brother, then continue to the door. #MaximumMaxwell patreon.com/posts/60061765