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Case 21-58, Document 39-2, 04/01/2021, 3068530, Page133 of 200 70 k7e2MaxC kjc 1 risk of flight or dangerousness, they are still entitled to the 2 same Sixth Amendment rights to access defense counsel to 3 prepare their case. 4 MR. COHEN: Of course, your Honor. My point was a 5 more narrow point. My point is that the facts in those cases 6 are different from our case in a meaningful way and the court 7 was doing a different evaluation. That was the point I was 8 making on this case. 9 So in conclusion, we believe this is a compelling case 10 for bail. We believe that the government, which has the burden 11 of persuasion that never shifts, has not made a showing as 12 required, that our client is a risk of flight. When you 13 consider the risk, as Judge Raggi put it, in Sabhnani, the 14 actual risk of flight, not fantasy and not speculation, when 15 you consider that the only factors they really point to are 16 ones that the cases have already addressed, such as 17 international travel and passports. 18 We also submit that the government has not carried its 19 burden of showing there is no condition or combination of 20 conditions that secure releas 21 So we would ask the court to grant bail today. And if 22 the court needs more information from us, we would respectfully 23 reguest that the court leave the proceeding open for a week so 24 that we can try to satisfy the court because we want to. 25 Thank you, your Honor, for your time. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR- 00019992