Latest / The Vault: The Epstein Files / Ghislaine Maxwell's Application For Bail (Part 1) (5/3/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
- 0:04In this episode, we're going to keep it rolling with
- 0:06our exploration of the underbelly of the Jeffrey Epstein criminal
- 0:10enterprise by taking a look at Golen Maxwell and her
- 0:14attempt to get bail. So let's dive in preliminary statement,
- 0:20Glaiin Maxwell respectfully submits this memorandum in opposition to the
- 0:25government's July second, twenty twenty memorandum in support of detention.
- 0:30It's difficult to recall a recent case that has garnered
- 0:33more public attention than the government's prosecution of Jeffrey Epstein.
- 0:38In July of twenty nineteen, Epstein was indicted for offenses
- 0:42relating to sexual misconduct, amid overwhelming media attention focused on
- 0:46the nature of the charges in Epstein's wealth and lifestyle.
- 0:50On August tenth, twenty nineteen, Epstein died in federal custody,
- 0:55and the media focus quickly shifted to our client wrongly
- 0:59trying to substanceitude her for Epstein, even though she had
- 1:02no contact with Epstein for more than a decade, had
- 1:05never been charged with a crime or been found liable
- 1:08in any civil litigation, and has always denied any allegation
- 1:12of claim as conduct. Many of these stories and online
- 1:16posts were threatening and harassing to our client and those
- 1:20close to her, but sometimes the simplest point is the
- 1:24most critical one. Glenn Maxwell is not Jeffrey Epstein. She
- 1:28was not named in the government's indictment of Epstein in
- 1:31twenty nineteen, despite the fact the government has been investigating
- 1:35this case for years. Instead, the current indictment is based
- 1:38on allegations of conduct that allegedly occurred roughly twenty five
- 1:42years ago. Miss Maxwell vigorously denies the charges, intends to
- 1:47fight them, and is entitled to the presumption of innocence.
- 1:51Far from hiding, she has lived in the United States
- 1:53since nineteen ninety one, has litigated civil cases arising from
- 1:57her supposed ties to Epstein, and has not left the
- 2:00country even once Epstein was arrested years ago, even though
- 2:04she was aware of the pending and highly publicized criminal investigation.
- 2:10She should be treated like any other defendant who comes
- 2:12before the court, including as to Belle. Under the Bell
- 2:16Reformact case law in this circuit and other circuits, as
- 2:20well as decisions of this Court, Miss Maxwell should be
- 2:23released on bond, subject to the strict conditions proposed below. Background.
- 2:29Miss Maxwell fifty eight is a naturalized US citizen who
- 2:32has resided in the United States since nineteen ninety one.
- 2:36She is also a citizen of France, where she was born,
- 2:39and of the United Kingdom, where she was educated and
- 2:42spent her childhood in formative years. Miss Maxwell graduated from
- 2:47Oxford University. She moved to the United States in nineteen
- 2:50ninety one and has lived in this country ever since.
- 2:54Miss Maxwell has maintained extremely close relationships with her six
- 2:58siblings and her nephews and nieces. Oh you mean the
- 3:01nephew that Hillary Clinton got a job at the State Department.
- 3:05That nephew. They all stood by her in the aftermath
- 3:09of the July twenty nineteen indictment of Epstein and continue
- 3:12to stand by her now. She especially is close to
- 3:15two of her sisters and their children, all of whom
- 3:18reside in the United States. Miss Maxwell also has numerous
- 3:23friends in the United States who themselves have children, and
- 3:26she is a godmother too many of them. Imagine being
- 3:29a parent and having Glaine Maxwell as the godmother to
- 3:32your kid. I know, I know, nobody had any idea
- 3:35what she was up to Miss Maxwell's family and friends
- 3:38have remained committed to her because they do not believe
- 3:41the allegations against her, which do not match the person
- 3:45that they have known for decades. The government's position the
- 3:49government has the burden of persuasion in showing that detention
- 3:53is warranted and that there is no condition or combination
- 3:57of conditions that will secure a defendants appearing in court.
- 4:01In seeking to carry this burden, the government relies on
- 4:04the presumption of detention US Code eighteen, Section thirty one
- 4:08forty two, E three and E and argues that Miss
- 4:12Maxwell poses a flight risk because she supposedly lacks ties
- 4:15to the United States, is a citizen of the United
- 4:19Kingdom in France as well as the citizen of the
- 4:21United States, and has passports for each country, has traveled
- 4:25internationally in the past, and has financial means and echoing
- 4:29recent media stories, the government speculates that Miss Maxwell was
- 4:34hiding from law enforcement during the pendency of the investigation,
- 4:38even though she has been in regular contact with the
- 4:41government through council since Epstein's first arrest. Yeah, how come
- 4:45the government couldn't find her when they had the lawsuit
- 4:47against her? They had the file via email, nobody could
- 4:51find the lady, but now she wasn't hiding. Finally, the
- 4:54government argues that the nature and circumstances of the offense
- 4:58and the weight of the evidence warrant detention. Importantly, it
- 5:02contrasts with the Bell position it took with Epstein. The
- 5:05government does not and cannot assert that Miss Maxwell presents
- 5:09a danger to the community under Section thirty one forty
- 5:12two G four. Miss Maxwell's response, the Court should exercise
- 5:17its discretion to grant Bell to Miss Maxwell on the
- 5:20strict conditions proposed below or modified by the Court for
- 5:24two compelling reasons. Oh this is a doozy right here, folks. First,
- 5:28the COVID nineteen crisis. Boy, how many people tried to
- 5:32use the COVID nineteen crisis for their own purposes, and
- 5:36its impact on detained defendants warrants release. As the Court noted,
- 5:41the COVID nineteen pandemic represents an unprecedented health risk to
- 5:45incarcerated individuals, and COVID nineteen related restrictions on attorney communications
- 5:51with prechriald detainees significantly impairs a defendant's ability to prepare defense.
- 5:57Literally everybody in prison was under this same exact strict standards,
- 6:01not just Maxwell. Second, the court should grant Bell because
- 6:05the government has not met its burden under the Bell
- 6:08Reform Act and controlling case law. The presumption relied on
- 6:12by the government may be rebutted, and is so here.
- 6:16Miss Maxwell has strong ties to the community. She is
- 6:19a US citizen and has lived in the country for
- 6:21almost thirty years. She ran a nonprofit company based in
- 6:25the United States until the recent media frenzy about this
- 6:28case forced her to wind it down to protect her
- 6:31professional colleagues and their organizations. Well, here's an idea. Don't
- 6:36hang out with Glenne Maxwell. I know, I know, novel idea.
- 6:39And she also has very close ties with family members
- 6:42and friends in New York and the rest of the country.
- 6:45Nor does her conduct indicate that she has a flight risk.
- 6:49She has no prior criminal record, has spent years contesting
- 6:52civil litigation arising from her supposed ties to Epstein, and
- 6:56has remained in the United States from the time of
- 6:58Epstein's arrest, present with her counsel in regular contact with
- 7:03the government. She did not flee, but rather left the
- 7:06public eye for the entirely understandable purpose of protecting herself
- 7:11and those close to her from the crush of media
- 7:13and online attention and its very real harms. Those close
- 7:17to her have suffered the loss of jobs, work opportunities,
- 7:21and reputational damage simply for knowing her. The government's remaining
- 7:26arguments about Miss Maxwell's passports, citizenship, travel, and financial means
- 7:31also fell because they would require that every defendant with
- 7:35multiple citizenships and financial means be denied BELL, which is
- 7:39simply not the law. Finally, as discussed below, the government's
- 7:43position regarding the nature and circumstances of the offense and
- 7:47the weight of its evidence, which relates to alleged conduct
- 7:50that is roughly twenty five years old, is not persuasive
- 7:54and does not alter the Bell analysis proposed BELL conditions.
- 7:59In light of the above, we propose the following Bell conditions,
- 8:02which are consistent with those that the Court in this
- 8:05circuit have imposed in other situations. One a five million
- 8:10dollar personal recognaissance bond co signed by six financially responsible people,
- 8:16all of whom have strong ties to Miss Maxwell and
- 8:19secured by real property in the United Kingdom worth over
- 8:22three point seventy five million. Two. Travel restricted to the
- 8:26Southern and Eastern districts of New York. Three surrender of
- 8:30all travel documents with no new applications. Four strict supervision
- 8:35by pre trial services. Five home confinement at a residence
- 8:40in the Southern District of New York with electronic GPS monitoring.
- 8:45Six visitors limited to Miss Maxwell's immediate family, close friends,
- 8:49and council. Seven travel limited to court appearances and to
- 8:54Council's office, except upon application to pre trial Services and
- 8:58the Government. And eight such other terms as the Court
- 9:02may deem appropriate. Under Section thirty one forty two. The
- 9:06ball reformat does not discard the presumption of innocence. Miss
- 9:10Maxwell is entitled to the presumption here as she is
- 9:13in all aspects of this case. See US Code eighteen,
- 9:17Section thirty one forty two. Jay. Nothing in this section
- 9:20thirty one forty two shall be construed as modifying or
- 9:24limiting the presumption of innocence. The Government has failed to
- 9:29meet its burden of establishing that Miss Maxwell presents an
- 9:33actual risk of flight and must be detained under section
- 9:36thirty one forty two. The strict bail conditions outlined above
- 9:40are appropriate under the circumstances and are the least restrictive
- 9:44set of conditions that will reasonably assure Miss Maxwell's appearance
- 9:48in court without the health and access to council risks
- 9:52inherent in the government requests that Miss Maxwell be detained
- 9:56pending trial see US Code eighteen, section thirty one forty two, C.
- 10:01One and b. Under the controlling legal standards, miss Maxwell
- 10:05should be released on Bell. The argument there are two
- 10:10compelling reasons why the court should order Miss Maxwell's release
- 10:13on Bell pursuant to the strict conditions she has proposed. First,
- 10:17Miss Maxwell will be a significant risk of contracting COVID
- 10:21nineteen if she is detained, and she will not be
- 10:24able to meaningfully participate in the preparation of her defense
- 10:29due to the restrictions that have been placed on attorney
- 10:31visits and phone calls in light of the pandemic. Second,
- 10:35the government has failed to carry its burden under US
- 10:39Code eighteen, section thirty one forty two that no combination
- 10:43of conditions can be imposed that will reasonably assure Miss
- 10:47Maxwell's presence in court. All right, folks, we're gonna wrap
- 10:50up well part one there, and in the next episode
- 10:53we're gonna pick up with part two. All of the
- 10:56information that goes with this episode can be found in
- 10:59the description chin box