DOJ-OGR-00020303.jpg

Case 21-58, Document 76, 04/19/2021, 3080288, Page13 of 30 CONCLUSION Ms. Maxwell should be released. The allegations against her are weak, she is not a risk of flight, and her appearance at trial is assured by an unprecedented bail package. In the meantime, she cannot effectively prepare for trial under these truly appalling conditions. The Government’s tactic in this appeal, and in the court below, is transparent — it is “trust us.” Trust our proffer on the evidence because we indicted her (and this case relates to Jeffrey Epstein). Trust us when we say her conditions are fine because the Bureau of Prisons says they are fine (and we can’t have another Jeffrey Epstein situation). The court below clearly erred, however, in just trusting the Government without any actual evidence and without a real hearing, notwithstanding Jeffrey Epstein. As much as the Government would like this case to be the Jeffrey Epstein show, Ghislaine Maxwell is not Jeffrey Epstein. Ms. Maxwell understands that she and the Government are not going to agree on the facts. This is an adversary system, of course. But in that circumstance, there must be an adversarial hearing where Ms. Maxwell can demonstrate that the Government’s case — based on old, anonymous accusations —is weak. There must be an adversarial hearing DOJ-OGR-00020303