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be N Ww ws Oo OY ~] oO Ke) a oO = be N Ww fe ws Oo _ OY a ~] a oO a Ke) 20 21 22 28 24 25 Case 1:19-cr-00490-RMB Document36 _ Filed 07/24/19 Page 30 of 74 30 THE COURT: Is that the Fiaro (phonetic) case? MR. W the day to be arg EINB ERG: Yes, your Honor. Again, today is not uing Rule 29 issues or even the construction and scope of the statute. But think lots of the detentions are for your guintessential traffickers. And I understand we don't have consent and, therefore, the government substitutes that language. But this is not quintessential commercial sex trafficking to third parties for profit. But more important or as important, if I can say that, the presumption is rebuttable. Even in those cases that your Honor listed, defendants will be released under conditions, and I believe the statute contemplates that some 1591 that the rebuttal to the presumption -- one is the danger prong; one is the flight prong. £ can address them separately. THE COURT: Sure. MR. WEINBERG: apologize if I'm using the time. THE COURT: No. You have the right. MR. WEINBERG: Thank you, Judge. THE COURT: [ think that is interesting. So those prongs have di convincing in one instance and preponderance in the other. It's either/or or both one could find. But if one Fferent burdens of proof for one thing, clear and found one of those, either a danger to the community or flight SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000540