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Case 1:19-cr-00490-RMB Document 36 Filed 07/24/19 Page 28 of 74 28 those out . the Congress in 1984, for release, —- "any the presumption, would be the court and that they could be , they wouldn't have is the don't 1 presumption of remand maintains. And this is one of 2 cases. 3 MR. WEINBERG: Yes, your Honor. 4 THE COURT: So why is that? 5 MR. WEINBERG: nterestingly, if can point 6 another provision in the Bail Reform Act, and this is 3142(c 7 At the very end of the set of conditions, 8 which was essentially revolutionizing the criteria 9 says that: "In any case that involves a minor victim under" 10 and they quote a series of statutes, including 1591 11 release order shall contain at minimum a condition of 12 electronic monitoring, a curfew, and other conditions." 13 So Congress recognized that despit 14 which the law says is rebuttable and is more a burden of 15 production than an ultimate burden of persuasion issue, 16 Congress understood that defendants charged with 1591 17 released under conditions at the discretion of 18 that if they were -- 19 THE COURT: [ think they understood 20 released, not that they would be, otherwis 21 written that presumption. 22 MR. WEINBERG: Absolutely. 23 THE COURT: So could you share any insight why, 24 notwithstanding -- and I don't disagree with you. Bail 25 norm rather than the exception. But we totaled up -- I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000538