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be N Ww ws Oo OY ~] oO Ke) Ww a OY 20 21 22 23 24 25 Case 21-58, Document 39-2, 04/01/2021, 3068530, Page139 of 200 76 k7e2MaxC kjc THE COURT: Okay. + And then the other legal question I had, I think Mr. Cohen began his presentation by noting -- by raising case law suggesting the lack of relevance of the statements of the alleged victims, although fully recognizing their entitlement under the law to be heard. What is the government's position with respect to the relevance of the alleged victim statements in the 3142 analysis? MS. MOE: Your Honor, the government has not proffered victim's testimony or information in an effort to support its motion. To the contrary, the victims have appeared consistent with their rights under the Crime Victims Rights Act. Of course, as we noted in our reply brief, it is very important to the government that the victims receive justice in this case and that there be a trial so that that could happen. That is very important to the government, and we respectfully submit that the court should take that into account. However, again, the victims' participation in this proceeding is pursuant to their rights under the Crime Victims Rights Act. It is not part of the government's presentation in this case. THE COURT: Okay. So I should not consider it -- should not consider the substance of the statements in the overall bail analysis. MS. MOE: Your Honor, with respect to the nature and circumstances of the offense, the offense conduct, the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR- 00019998