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CE8E9 20-CFOdSSRUAIIN DocemeHP 4 FPitdd B77 OHO Page oP '2600 innocence.”’). The government has failed to meet its burden of establishing that Ms. Maxwell presents an “actual risk of flight” and must be detained under Section 3142. The strict bail conditions outlined above are appropriate under the circumstances and are the “least restrictive” set of conditions that will “reasonably assure” Ms. Maxwell’s appearance in Court, without the health and access to counsel risks inherent in the government’s request that Ms. Maxwell be detained pending trial. See 18 U.S.C. § 3142 (c)(1)(B). Under the controlling legal standards, Ms. Maxwell should be released on bail. ARGUMENT There are two compelling reasons why the Court should order Ms. Maxwell’s release on bail pursuant to the strict conditions she has proposed: First, Ms. Maxwell will be at significant risk of contracting COVID-19 if she is detained, and she will not be able to meaningfully participate in the preparation of her defense due to the restrictions that have been placed on attorney visits and phone calls in light of the pandemic. Second, the government has failed to carry its burden under 18 U.S.C. § 3142 that no combination of conditions can be imposed that will reasonably assure Ms. Maxwell’s presence in court. I. The Conditions Created by the COVID-19 Pandemic Mandate the Release of Ms, Maxwell. Impact of COVID-19 on the Prison Population. We submit that the conditions created by the COVID-19 pandemic compel Ms. Maxwell’s release pursuant to appropriate bail conditions. Four months ago, this Court held in United States v. Stephens, 15-CR-95 (AJN), 2020 WL 1295155 (S.D.N.Y. Mar. 19, 2020), that COVID-19 is an “unprecedented and extraordinarily dangerous” threat that justifies release on bail. /d. at *2. In that case, the defendant, who had no underlying medical conditions, filed an emergency motion for reconsideration of the Court’s DOJ-OGR-00000965