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Case 1:20-cr-00330-AJN Document 142 Filed 02/04/21 Page 9 of 38 not expired, would be punishable by up to three months in prison — /ess time than Ms. Maxwell has already spent in pretrial detention. Yet, here, that misdemeanor has been set up as the basis for federal charges for which the government seeks to impose years of imprisonment, if not the equivalent of a life term. Not only is this troubling in approach, but even the pieced-together Mann Act charges are time-barred under the applicable statute of limitations. * Inseeking and obtaining confidential materials from pending civil litigation against Ms. Maxwell, including the deposition transcripts that form the basis of the two perjury counts in the indictment, the government * The government has based the two counts of perjury on poorly worded questions that were immaterial to the defamation case in which the depositions were taken, and has improperly joined those counts to the Mann Act charges, as addressed in today’s motions to dismiss and to sever those counts. * In an effort to allow other accusers to testify against Ms. Maxwell, the government has added two conspiracy counts and, as alleged “overt acts” in furtherance of a purported conspiracy to cause minors to travel, has tacked on allegations from two other accusers—one of whom is not alleged to have traveled at all (and who was above the legal age of consent in England, where the alleged conduct took place). * Inits rush to arrest Ms. Maxwell on the anniversary of Epstein’s indictment and maximize the announcement’s appeal to the media, the government indicted Ms. Maxwell using a White Plains grand jury, thereby violating Ms. Maxwell’s right to a grand jury drawn from a fair cross-section of the community. * Finally, the government has charged multiplicitous conspiracy counts based on identical conduct, failed to disclose the names of the accusing witnesses or provide specific facts in the indictment that would permit Ms. Maxwell to adequately prepare for trial, and impermissibly delayed bringing this prosecution for 25 years in violation of Ms. Maxwell’s due process rights. The hue and cry against Ms. Maxwell is unprecedented in both scale and severity. Under our system of justice, the need for the Court’s careful scrutiny of the government’s conduct, and for the protection of the constitutional rights of a defendant facing the equivalent of a life sentence, is at its highest. This case is not about “getting” Ms. Maxwell (or any other DOJ-OGR-00002581