DOJ-OGR-00020003.jpg

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page144 of 200 81 k7e2MaxC kjc 1 even in a presumption case, the government retains the ultimate 2 burden of persuasion by clear and convincing evidence that the 3 defendant presents a danger to the community, if that were an 4 issue, and a showing by the lesser standard of a preponderanc 5 of the evidence that the defendant presents a risk of flight. 6 The statute further mandates that the court take into 7 account four factors in making its determination: the nature 8 and circumstances of the offense charged, the weight of the 9 evidence against the person, the history and characteristics of 10 the person, and the nature and circumstances of the danger to 11 any person or the community that would be posed by the person's 12 release. That is 18 U.S.C. 3142(g). 13 Now that the court has laid out the federal statutory 14 reguirements that guide its bail determination, it turns to the 15 government's specific application in this case for detention 16 pending trial. 17 The government does not argue, as has been repeatedly 18 made clear today, for detention based on danger to the 19 community. Instead, it rests its argument for detention on 20 Ms. Maxwell's alleged risk of flight. As noted ina 21 flight-risk case, the government bears the burden of proving by 22 a preponderance of the evidence both that the defendant 23 presents an actual risk of flight and that no condition or 24 combination of conditions could be imposed on the defendant 25 that would reasonably assure her presence in court. And I'm SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020003