DOJ-OGR-00001337.jpg
Extracted Text (OCR)
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page20 of 25
concerns about her foreign citizenship or substantial assets (Br. 24-25), but Judge
Nathan thoroughly analyzed these assertions and, after multiple rounds of briefing
regarding the efficacy of Maxwell’s proposed package, was not persuaded. (Ex. H
at 11-14; Ex. L at 8-11). Maxwell attempts to compare herself to other high-profile
defendants (Br. 25), but Judge Nathan rejected the comparison, noting “crucial
factual differences” in several of these cases (Ex. D at 88) and making extensive
findings about the particular facts and circumstances of this case that make detention
appropriate. None of this was clear error.
2. The District Court Did Not Clearly Err or Abuse Its Discretion by
Denying Temporary Release
37. Maxwell also argues that she should be temporarily released—
though she specifies no end date—because she cannot effectively prepare her
defense under the conditions of her confinement. (Br. 13-19). Judge Nathan did not
abuse her discretion or clearly err by concluding otherwise.° To the contrary, Judge
Nathan has gone to significant lengths to ensure that Maxwell has adequate access
to her counsel and opportunity to prepare her defense.
° As noted, this Court has not resolved which standard of review applies to such an
application. The Government submits that the decision of whether temporary release
is “necessary” is a mixed question of law and fact which, like the district court’s bail
determination, should be reviewed for clear error. See United States v. Mattis, 963
F.3d 285, 291 (2d Cir. 2020). The Court need not resolve the matter here, however,
as Maxwell’s claim fails under either standard of review.
20
DOJ-OGR-00001337
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00001337.jpg |
| File Size | 718.9 KB |
| OCR Confidence | 95.2% |
| Has Readable Text | Yes |
| Text Length | 1,733 characters |
| Indexed | 2026-02-03 16:11:34.657900 |