Judge
Nathan: We are here for arraignment,
initial hearing and bail hearing,
remotely under Section 15002 of the
CARES Act. Ms. Maxwell is accessing
this by video from the MDC in
Brooklyn. [This has been a routine
script for months, in lower profile
proceedings] Judge Nathan: Mr.
Cohen, please describe how you
discussed the waiver of physical
presence with your client. Mark
Cohen: We read it to her, and we
signed on her behalf. Judge Nathan:
Ms Maxwell, you had it read to you?
Maxwell: That is correct, your
Honor.
Judge
Nathan says a separate line has been
provided for victims who wish to be
heard on the matter of pre-trial
detention.
Judge
Nathan: Let's turn to the
arraignment. Ms. Moe, what is the
difference between the indictments?
AUSA Moe: Only fixing a typo in the
perjury counts. Judge Nathan: Ms.
Maxwell, have you seen the
indictment? Maxwell: I saw the
original indictment.
Maxwell:
And I have been able to discuss it
with the attorney. I waive its
public reading. Judge Nathan: How do
you wish to plead? Maxwell: Not
guilty, your Honor Judge Nathan:
Let's turn to scheduling, including
discovery. AUSA Moe: We will include
search warrant returns, photographs,
searches of electronic devices.
Also, prior investigative files from
the Southern District of Florida.
We'll need a protective order.
Defense
lawyer Cohen has above him a ceiling
fan, which ends up looking like a
beanie. Maxwell's camera shows a
mirror or 1-way glass, next to the
gray door.] Judge Nathan: There've
been issues about disclosing prior
investigations.
Judge
Nathan: I'm drilling down into full
and timely disclosure, which has
arisen in other matters. [Seems
she's referring to
misrepresentations made in another
case of hers Inner City Press
covers, US v. Nejad:
http://innercitypress.com/sdny20dnathaniranbanker071320.html This
could help Maxwell...]
AUSA
Moe: We propose disclosure by
Monday, November 9, then motions
[into 2021]. Judge Nathan: Do you
expect further charges or additional
defendants? Moe: It's ongoing, but
no, we do not expect a superseding
indictment. [What about additional
defendants??]
AUSA
Moe: We notified victims... On
July 9 we provided dial-in
information. Going forward we will
use an opt-in process. We will
provide information on conferences
on the government's victims services
website. Three wish to be heard
today. One, we will read out.
.Judge
Nathan: If we proceed to trial, how
long would it take? AUSA Moe: No
more than two weeks. Three weeks,
with jury selection. Judge Nathan: I
set the trial to begin July 12,
2021... Initial pre trial defense
motions due Dec 21, 2020.
Judge
Nathan: Let's turn to the argument
for bail. It is the government's
motion for detention. They'll go
first, then any victims who wish to
be heard. Then from Mr. Cohen. AUSA
Moe: This defendant poses an extreme
risk of flight. There are serious
red flags here
AUSA
Moe: She has the ability to live
beyond the reach of the US. She has
a strong incentive to flee. She is
charged with sexual abuse of minors.
The indictment arises from
defendant's role in a conspiracy to
sexual exploit the vulnerable
members of our community
AUSA
Moe: The defendant engaged in these
activities, sexualized massages
partially nude. This is
exceptionally serious. The pre-trial
services report confirms she has
been moving from place to place, to
conceal her whereabouts.
Judge
Nathan: The defense says she stayed
in touch with pre-trial services.
Did that include her whereabouts?
AUSA Moe: No. We served her a
subpoena in the Epstein matter. She
has no incentive to stay in the US.
She grew up in the UK, and travels
extensively.
Moe:
We have been informed that France
will not extradite a French citizen.
And in the UK, she would not be
detained. She could live beyond
extradition indefinitely. Pre-trial
services says she tried to brush off
financial questions. AUSA Moe: She
listed a monthly income of nothing.
Zero dollars. Is she being evasive?
Judge Nathan: Does the government
think there is income? AUSA Moe:
Unclear if there is trust income.
Zero is implausible, given the
lifestyle she has been living.
AUSA
Moe: She claimed she didn't know
which corporation owned the New
Hampshire property, and was just
permitted to stay there. But the FBI
says Scott and Jen Marshall bought
it, with British accents. Inner City
Press @innercitypress · 52m AUSA:
The person who introduced herself as
Ms. Marshall appears to be Ms.
Maxwell. It appears she used an
alias.
Judge Nathan: Were these
efforts to hide due to notoriety,
for privacy from press, or to flee?
How can I decide that, do you
propose?
AUSA
Moe: She is good at hiding; she
"passes." She did a real estate
transaction under a fake name.
[Maxwell moves closer to her camera
in her white room.]
AUSA
Moe: We've learned that records with
banks contain self-reported
information. Her annual income is
listed as $200,000 to half a
million. She has a trust account in
a Swiss bank. But she does not
mention it to the court.
Moe:
She provides no information about
co-signers. She proposes to stay in
a luxury hotel in Manhattan, for an
indefinite person. She is the very
definition of a flight risk.
[Defense lawyer Cohen seems to be
smiling, under his ceiling fan /
beanie]
Judge
Nathan: You are not citing danger to
the community at all, correct? AUSA
Moe: That is correct, Your Honor. Judge
Nathan: Let's turn to victims,
written statement first.
Moe:
This victim prefers to be known as
Jane Doe. "I knew Ghislaine
Maxell... She delivered me into the
hands of Jeffrey Epstein. She used
emotional manipulation. She abused
my trust. She would have done
anything to satisfy Mr. Epstein.
AUSA
Moe [reading]: "When I was listed as
a witness in the civil action
against Maxwell, I received a call,
a threat. I know what she has done.
She will never admit what she has
done. If she is out, I need to be
protected.
Now
a victim is speaking by phone: "She
is a sexual predator. She has never
shown any remorse. She has lied
under oath. She has demonstrated
contempt for our legal system. We
may never know how many were
victimized by Ghislaine Maxwell."
Nathan:
Any other victims who are entitled
and wish to be heard? AUSA Moe: No
your Honor. Judge Nathan: Just be
clear, you are not citing danger to
the community? AUSA Moe: That is
correct. Judge Nathan: Mr. Cohen,
you may proceed.
Cohen:
She ought to be released on a bail
package, to defend a case like this
during the COVID crisis. [Many,
many defendants are in Federal
custody.] Cohen: She is the target
of media spin which the government
has picked up, as rootless and
sinister
Cohen:
She's not the monster made out by
the government. She's from a large
and close family, with extensive
professional relationship. [Inner
City Press: including at the United
Nations, UNexplained: Cohen cites an
Eastern District of NY case that
trafficking victims' rights shoudn't
trump the right to release on bail.
Then: "Turning to the statutory
factors... The government has not
met its burden." Inner City Press
@innercitypress Cohen seems to be
saying - he sounds like he's under
water - that Maxwell would put up
property for bail if her privacy
could be assured. Judge Nathan: You
cite Madoff & other cases- did
that involve international
connection? Cohen: No. So US is
counting passports
Replying
to
@innercitypress Cohen: Travel
is something the court should
address in the bail conditions, not
be denying bail. He cites a case of
slavers, who were given bail in
2004. "A Swiss citizen, Switzerland
would not extradite." Does than mean
no Swiss, or French, should get
bail? Inner City Press
@innercitypress · 23m Cohen: Mattis
and Rahman were given bail after
throwing a Molotov cocktail.
Cohen:
One of those who spoke today is
seeking millions of dollars in a
lawsuit. Judge Nathan: Did you ask
for the opportunity for voluntary
surrender? Cohen: There was no doubt
that we represented her.
Cohen:
Let me turn to the reply brief. They
say the agents breached the gate,
& saw her quickly shut the door.
It's spin. She was in her pajamas.
There was one security guard. The
front door was unlocked. The windows
were open. [Now
Cohen is pixelating on video]
Cohen:
They say she's trying to flee
because she changed her phone number
and email address. It's because the
2d Circuit ordered documents
released. Some were not redacted.
Her phone was hacked. So she changed
it.
Cohen:
Is she a person of means? Yes. But
that should not impact the analysis.
They chosen to arrest her around a
Federal holiday to hold her longer
in New Hampshire. This bail hearing
should not turn into an
investigation of our client's
finances.
Cohen:
Did she sell a property for $15
million? Sure. Those records are out
there. But she didn't clear that.
They say she has 15 bank accounts.
"She had a not for profit for nearly
a decade, closed because of the fire
storm." [That's
Terramar, partner with UN]
AUSA
Alison Moe takes a swig of water as
Cohen continues. Maurene Comey and
Alex Rossmiller masked up at back of
AUSA conference table. Judge Nathan
with pen in her hand - ready to
rule? Note: In these months Inner
City Press has not heard a longer
bail argument]
Cohen:
Given government's representation
they are not going to supersede, we
believe it may not survive. We're
not going to litigate here the reach
of the NPA [Non-Prosecution
Agreement]. [In
MDC, Maxwell scratches her head,
then her chin.]
Cohen:
My client has her lights on all the
time in MDC. She wasn't allowed to
shower. Judge
Nathan: Are you claiming her current
detention is to prevent you from
providing a picture of her finances?
Cohen: It's been hard to pull the
information together.