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Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 47 of 91 k7e2MaxC kjc 47 1 law of the statute, by its structure, favors release. The 2 Supreme Court has and the Second Circuit has advised us that a 3 very limited number of people should be detained prior to trial 4 because of the statute's structure, and the government nowhere 5 mentions that. It basically acts as if all it has to do is 6 invoke the presumption on the client and then we are done, and 7 that's just not the legal standing, your Honor. 8 They also say nothing about the burden, which is 9 discussed on a case written for the Second Circuit by Judge 10 Raggi, and also the U.S. v. English case. Without going into a 11 lot of detail, as the court is aware, the burden of persuasion 12 is the government's. It never shifts. The presumption can be 13 rebutted, and we submit it is here, and then it is the burden 14 of the government to show that the defendant is a risk of 15 Flight and that there are no conditions or combination of 16 conditions to secure the release, which we submit they haven't 17 done here. 18 So let me turn, your Honor, if I may, to the factors 19 under 3142(g), and before I do that, also want to address 20 some of the government's comments about the bail package. We 21 decided that we should come before your Honor with a package 22 that was set out subject, of course, to the ruling provided by 23 the court, subject of course to verification as to suretors by 24 Pretrial Services and the court. We didn't want to just walk 25 in and say, Judge, we should be entitled to bail, please set SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00001924