DOJ-OGR-00002003.jpg

Case 1:20-cr-00330-AJN Document 97 Filed 12/14/20 Page 31 of 45 Indeed, the discovery reflects that it was not hard at all for the government to locate Ms. Maxwell when they wanted to find her by tracking her primary phone. In sum, the cellphone clearly shows that Ms. Maxwell was not “good at” hiding or that she was avoiding arrest, as the government claimed. (Tr. 31-32). She was trying to protect herself as best as she could from harassment by the press, not capture by law enforcement. Moreover, this should not be a bar to granting bail. The proposed conditions ensure her presence at home in plain sight of | | (and the security guards), GPS- monitored, and under strict Pretrial supervision. D. Ms. Maxwell Has Waived Her Extradition Rights and Could Not Seek Refuge in the United Kingdom or France At the initial hearing, the government argued that Ms. Maxwell, a naturalized U.S. citizen who has lived in the United States for almost 30 years, might flee to the United Kingdom or France if granted bail, despite the fact that she did not leave the country for nearly a year after Epstein’s arrest. (Dkt. 22 at 6.) The government asserted in its reply brief that France “does not extradite its citizens to the United States pursuant to French law.” (/d.) At the bail hearing, the government represented that “France will not extradite a French citizen to the United States as a matter of law, even if the defendant is a dual citizen of the United States,” and that extradition by the United Kingdom would be “lengthy” and “uncertain” with bail “very likely” pending the extradition proceeding. (Tr. 27.) These assertions are incorrect, particularly given Ms. Maxwell’s irrevocable waiver of her extradition rights with respect to both the United Kingdom and France. As we noted for the Court at the initial hearing, the concern that Ms. Maxwell would attempt to flee the United States is entirely unfounded given that Ms. Maxwell had every motive and opportunity to flee after the arrest and death of Jeffrey Epstein, but chose to remain in this 25 DOJ-OGR-00002003