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Case 1:20-cr-00330-PAE Document 388 Filed 10/29/21 Page5of14 that would confuse the issues in the case and cause undue delay. It should therefore be precluded under Rule 403. BACKGROUD The government repeatedly and erroneously argued in the context of Ms. Maxwell’s bail applications that Ms. Maxwell went into “hiding” following the arrest of Jeffrey Epstein to avoid detection by law enforcement. See 7/2/2020 Gov’t Mem. in Supp. of Detention (Dkt. 004) at 8 (“[Ms. Maxwell] made intentional efforts to avoid detection”); 7/13/2020 Gov’t Reply Mem. in Supp. of Detention (Dkt. 022) at 8 (measures that Ms. Maxwell took “to conceal herself” after Epstein’s indictment “are at least equally consistent with the notion that the defendant also sought to evade detection by law enforcement”); 12/18/2020 Gov’t Mem. in Opp. to Def’s Renewed Mot. for Release (Dkt. 100) at 21 (“[T]here is still reason to believe that the defendant was hiding not just from the press, but also from law enforcement.”). The government also repeatedly and erroneously argued that Ms. Maxwell’s conduct at the time of her arrest evidenced an intent to evade law enforcement. See 7/13/2020 Gov’t Reply Mem. in Supp. of Detention (Dkt. 022) at 7-8; 7/14/2020 Tr. of Bail Hrg. at 31:20-34:5; 12/18/2020 Gov’t Mem. in Opp. to Def’s Renewed Mot. for Release (Dkt. 100) at 21-22. The government’s assertion rests on groundless speculation concerning actions which Ms. Maxwell was forced to take in the days after Epstein’s arrest to protect herself and her family and friends from unrelenting harassment by the media and the very real danger of physical threats against them. In particular, the government has noted the following in its prior submissions: DOJ-OGR-00005692