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Case 1:20-cr-00330-AJN Document120 Filed 01/25/21 Page 17 of 19 to present “some overlapping proof” and “five limited overlapping witnesses” to prove both charges). Finally, severance is appropriate because a joint trial including the Perjury Counts will necessarily introduce into the trial the issue of Ms. Maxwell’s credibility, even if she decides to assert her Fifth Amendment right not to testify. By alleging that Ms. Maxwell lied about sexual and other salacious topics, the Government is explicitly putting its very big thumb on the credibility scale. The Government will attempt to argue to the jury that Ms. Maxwell lied about the allegations in the Perjury Counts and that Ms. Maxwell is a liar in general. This is a tool not normally afforded to the accuser in a criminal case. It will be difficult, if not impossible, for Ms. Maxwell to lodge appropriate objections and the Court to make appropriate rulings and provide limiting instructions on the evidence. There is a substantial risk that the jury will convict Ms. Maxwell on Counts One-Four because her credibility was attacked in connection with the Perjury Counts. In short, a joint trial on Counts One through Six guarantees a mess. The Court should therefore sever the Perjury Counts under Rule 14(a). CONCLUSION For the reasons set forth above, the Court should sever the Perjury Counts (Counts Five and Six) from the Mann Act Counts (Counts One through Four) and order that they be tried separately, pursuant to Rules 8(a) and 14 of the Federal Rules of Criminal Procedure. Dated: January 25, 2021 13 DOJ-OGR-00002295