DOJ-OGR-00001339.jpg

Case 21-770, Document 40-1, 04/12/2021, 3075763, Page22 of 25 Maxwell’s access to counsel, and Maxwell did not renew her request for temporary release in her third bail motion.’ 39. Under these circumstances, Judge Nathan can hardly be said to have abused her discretion by finding that temporary release is not “necessary” for Maxwell to prepare her defense. “Temporary release is not warranted when a defendant has had ample time to prepare his defense.” Scarborough, 821 F. App’x at 601. That is the case here. Maxwell is represented by a team of highly qualified, retained counsel, and has resources to prepare her defense far beyond those of the average defendant. Maxwell has access to a desktop computer provided by the MDC and a laptop provided by the Government for Maxwell’s exclusive use to review discovery thirteen hours per day, seven days per week. (Ex. F at 29-30; Gov’t Ex. A at 17-18). Also during that time, Maxwell has access to email with defense counsel, calls with defense counsel, and legal visits (depending on pandemic-related conditions). (Ex. F at 29-30; Gov’t Ex. A at 18-19). Maxwell currently receives ’ Thus, to the extent Maxwell’s arguments about her ability to prepare for trial are tied to any developments since the time of her first bail motion—such as, for example, the imminency of trial (see Br. 17)—this Court need not address such arguments in the first instance. Cf. United States v. Hochevar, 214 F.3d 342, 344 (2d Cir. 2000). 8 In-person visitation at the MDC resumed on or about February 16, 2021. Attorney visits are permitted seven days per week. (Ex. A at 18-19). 22. DOJ-OGR-00001339