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Case 1:20-cr-00330-AJN Document126 Filed 01/25/21 Page 11 of 13 Thus, regardless of whether the White Plains qualified jury wheel is compared to the eligible juror population of the Manhattan Division or that of the entire District, Black and Hispanic jurors are systematically underrepresented. Ms. Maxwell has therefore made a prima facie showing of a violation of the fair cross-section requirement. Accordingly, the government has the burden of showing that attainment of a fair cross- section would have been incompatible with a significant state interest. The government cannot do so. To the extent that the government asserts a significant state interest in containing COVID-19, it cannot show that attainment of a fair cross-section would have been incompatible with that interest. As noted above, a Manhattan grand jury convened as early as June 25, 2020; there appears to have been no reason, other than a publicity-driven desire to arrest Ms. Maxwell on the anniversary of the Epstein indictment, why the government could not have waited until that time. The indictment therefore violates Ms. Maxwell’s Sixth Amendment right and should be dismissed. Dated: January 25, 2021 New York, New York Respectfully submitted, /s/ Mark S. Cohen Mark S. Cohen Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 Phone: 212-957-7600 Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue DOJ-OGR- 00002331