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Case 1:20-cr-00330-AJN Document 49 Filed 08/25/20 Page 3 of 4
Maxwell the same privileges given to other detainees.” Dkt. No. 42 at 5. In a footnote, the
defense clarifies that “[a]s long as Ms. Maxwell is monitored in the same manner, and receives
the same privileges as other pretrial detainees, it is not necessary to move her to the general
population.” Dkt. No. 42 at 5 n.4.
The Court sees no basis for granting the Defendant’s request for an order directed to
BOP. First, the Government has assured the Court that “[a]s with all inmates, the defendant is
able to speak to her counsel behind a closed door, in an area that is visible—but not audible—to
MDC staff,” thereby ensuring that Ms. Maxwell’s ability to communicate with her counsel is in
no way interfered. Dkt. No. 41 at 4n.5. And as to the more general implementation of
surveillance procedures, the Court credits BOP’s duty to ensure the safety and security of the
Defendant as justifying the measures BOP has adopted. See Bell v. Wolfish, 441 U.S. 520, 547
(1979) (‘Prison administrators . . . should be accorded wide-ranging deference in the adoption
and execution of policies and practices that in their judgment are needed to preserve internal
order and discipline and to maintain institutional security.”). Nor does the Defendant provide
any basis for the Court to conclude that the level of surveillance is punitive. Dkt. No. 42 at 5.
Though pretrial detainees “may not be punished prior to an adjudication of guilt in accordance
with due process of law,” Wolfish, 441 U.S. at 535, it does not follow that surveillance measures
are punitive just because the Defendant deems them “onerous.” Dkt. No. 42 at 4. The
Defendant has provided the Court with no evidence, and no reason to believe, that the
surveillance measures are motivated by improper purposes.
As aresult, Defendant’s request is denied. To ensure that Ms. Maxwell is able to
continue to adequately participate in her defense, however, the Court hereby ORDERS the
Government to provide written status updates every 90 days detailing any material changes to the
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Document Details
| Filename | DOJ-OGR-00001745.jpg |
| File Size | 709.9 KB |
| OCR Confidence | 94.7% |
| Has Readable Text | Yes |
| Text Length | 2,116 characters |
| Indexed | 2026-02-03 16:15:33.454471 |