Latest / Beyond The Horizon / Ghislaine Maxwell’s 2002 Citizenship and the Federal Law Governing Denaturalization (Part 3) (10/7/26)

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Ghislaine Maxwell’s 2002 Citizenship and the Federal Law Governing Denaturalization (Part 3) (10/7/26) · Beyond The Horizon

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  Speaker 1: What's up everyone and welcome to another episode of the
• 0:03
  Speaker 1: Epstein Chronicles. In this episode we're going to get back
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  Speaker 1: to talking about Glenn Maxwell and the immigration question. Another
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  Speaker 1: important point is that civil denaturalization is not constrained by
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  Speaker 1: the ordinary intuition that an old crime must become untouchable
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  Speaker 1: after years have passed. Citizenship cases have historically been filed
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  Speaker 1: many years or even decades after naturalization when the government
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  Speaker 1: later discovers qualifying fraud or legality. The reason follows from
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  Speaker 1: the nature of the remedy. The government is not necessarily
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  Speaker 1: prosecuting the old underlying sexual offense again. It's asking a
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  Speaker 1: federal court to determine whether the naturalization judgment rested upon
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  Speaker 1: eligibility requirements that were never actually satisfied. That distinction has
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  Speaker 1: allowed denaturalization cases involving wartime atrocities, immigration fraud, concealed identities,
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  Speaker 1: and serious criminal conduct to proceed long after citizenship ceremonies occurred.
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  Speaker 1: Maxwell's 2002 naturalization, therefore, is not rendered legally untouchable merely
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  Speaker 1: because more than two decades have passed. Delay could still
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  Speaker 1: create practical evidentiary problems, especially concerning witnesses, administrative practices, and
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  Speaker 1: the meaning of old records. Yet Maxwell's preserved immigration documents
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  Speaker 1: and extensive criminal record reduce some of the evidentiary uncertainty
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  Speaker 1: that normally grows with time. The age of the citizen
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  Speaker 1: grant is consequently a litigation consideration, not an automatic legal barrier.
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  Speaker 1: Civil denaturalization also differs substantially from a criminal prosecution under U.S.
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  Speaker 1: Code 18, Section 1425. Section 1425 makes it a federal
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  Speaker 1: crime knowingly to procure or attempt to procure naturalization contrary
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  Speaker 1: to law. If someone's convicted, under the statute, U.S. Code 8,
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  Speaker 1: Section 1451E directs the court to revoke and set aside
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  Speaker 1: the naturalization order and cancel the certificate of naturalization. That
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  Speaker 1: route therefore couples criminal liability with mandatory loss of citizenship.
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  Speaker 1: A civil Section 1451A case, by contrast, focuses directly on
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  Speaker 1: whether naturalization was illegally procured or obtained through material concealment
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  Speaker 1: or a willful misrepresentation. The government could examine one route
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  Speaker 1: without necessarily bringing the other. Statutes of limitation charging considerations,
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  Speaker 1: evidentiary requirements, and the precise date of any alleged naturalization
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  Speaker 1: fraud would all matter enormously before anyone could responsibly claim
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  Speaker 1: that a new criminal prosecution remains unavailable. For that reason,
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  Speaker 1: the strongest present discussion concerns civil denaturalization rather than confidently
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  Speaker 1: predicting additional prison time. Maxwell's existing 20-year sentence does not
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  Speaker 1: itself answer the separate question of whether the government could
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  Speaker 1: attack her citizenship or in a civil proceeding. The standard
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  Speaker 1: of proof is another safeguard that prevents this process from
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  Speaker 1: becoming administrative vengeance. The government can't simply instruct USCIS to
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  Speaker 1: erase Maxwell's citizenship because officials dislike her or because the
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  Speaker 1: public considers her crimes reprehensible. A contested civil denaturalization case
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  Speaker 1: belongs in federal court. The government must present its evidence
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  Speaker 1: and prove the statutory basis for revocation under the demanding
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  Speaker 1: standard established by Supreme Court precedent. Maxwell would have counsel,
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  Speaker 1: the ability to contest the government's evidence, and the right
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  Speaker 1: to argue that the alleged misstatements were immaterial or legally accurate.
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  Speaker 1: The judge would have to determine whether the statutory requirements
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  Speaker 1: were met rather than whether Maxwell deserved sympathy. That judicial
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  Speaker 1: process is particularly important in a case receiving enormous public attention.
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  Speaker 1: The government's strongest posture would therefore be the least theatrical one.
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  Speaker 1: Immigration file, criminal judgment, trial record, statutory requirements, and established precedent.
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  Speaker 1: If those materials prove the case, rhetoric becomes unnecessary. And
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  Speaker 1: with all that in mind, one document could become particularly
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  Speaker 1: important at the evidentiary stage, Maxwell's naturalization interview record. The
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  Speaker 1: N-400 was not merely a questionnaire mailed into a government
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  Speaker 1: warehouse and forgotten. Applicants ordinarily appeared before immigration officials and
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  Speaker 1: affirmed or corrected their answers under oath before the application
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  Speaker 1: was approved. Maxwell's release file already contains an officer's approval
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  Speaker 1: notation date, August 29, 2002. Investigators would want every surviving
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  Speaker 1: interview note, amendment, attachment, signature, and officer worksheet associated with
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  Speaker 1: that adjudication. If Maxwell or Lee reaffirmed the disputed answers,
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  Speaker 1: that could strengthen the government's argument that any falsehood was
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  Speaker 1: deliberate rather than clerical. If she supplied explanations that do
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  Speaker 1: not appear on the face of the form, those materials
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  Speaker 1: could help her defense. The same examination would extend backward
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  Speaker 1: to her 1995 permanent resident application, which also contained questions
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  Speaker 1: concerning crimes involving moral turpitude and procuring prostitution. Her answers
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  Speaker 1: there could provide context regarding her understanding of immigration terminology
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  Speaker 1: long before the final citizenship interview. The 1995 adjustment of
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  Speaker 1: status paperwork makes that broader history especially interesting. Maxwell's file
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  Speaker 1: contains an application for permanent residence received in October of 95.
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  Speaker 1: That form asked whether she had knowingly committed a crime
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  Speaker 1: involving moral turpitude for which she had not been arrested.
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  Speaker 1: It also asked whether during the preceding 10 years she'd
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  Speaker 1: been a prostitute or procured anyone for prostitution. The extracted
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  Speaker 1: document reflects negative answers to those questions, and that date
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  Speaker 1: sits remarkably close to the beginning of the criminal conduct
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  Speaker 1: later prosecuted in federal court. A government investigation could therefore
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  Speaker 1: ask not only whether Maxwell concealed misconduct when she naturalized
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  Speaker 1: in 2002, but whether false information infected the immigration status
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  Speaker 1: upon which her later naturalization depended. That inquiry could matter
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  Speaker 1: because lawful admissions for permanent residence is itself foundational to
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  Speaker 1: ordinary naturalization eligibility. Prosecutors would nevertheless need to establish the
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  Speaker 1: precise timing of Maxwell's criminal conduct relative to the date
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  Speaker 1: she completed the 95 application, rather than assuming that conduct
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  Speaker 1: described generally as beginning in 94 necessarily preceded every immigration representation.
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  Speaker 1: The documentary overlap makes the issue worthy of investigation. And,
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  Speaker 1: of course, this introduces another possible pathway under the legal
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  Speaker 1: procurement doctrine. If an applicant was never lawfully admitted for
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  Speaker 1: permanent residence because the underlying status was obtained through material fraud,
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  Speaker 1: subsequent naturalization can itself be legally defective. The Supreme Court
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  Speaker 1: has historically treated compliance with congressionally imposed naturalization prerequisites as
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  Speaker 1: mandatory rather than optional. Maxwell's permanent resident history therefore deserves
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  Speaker 1: independent scrutiny. Investigators would ask whether any material falsehood on
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  Speaker 1: her 95 immigration form affected her acquisition of lawful permanent residence.
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  Speaker 1: They would then determine whether that status remained legally valid
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  Speaker 1: when she relied upon it to naturalize years later. Now,
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  Speaker 1: Maxwell's possession of British and French citizenship changes the practical
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  Speaker 1: consequences without changing the legal test for American denaturalization. She's
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  Speaker 1: acknowledged under oath in federal court that she's a citizen
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  Speaker 1: of the US, the UK, and France. Revocation of her
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  Speaker 1: American naturalization therefore would not render her stateless. That matters
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  Speaker 1: because she would continue to possess nationalities capable of providing
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  Speaker 1: a destination in if immigration authorities later pursued removal. It
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  Speaker 1: does not, however, make the government's burden under Section 1451
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  Speaker 1: any lower. Courts do not get to denaturalize someone more
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  Speaker 1: casually because another passport exists. The statutory violation still must
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  Speaker 1: be proved. If citizenship were revoked, Maxwell would cease being
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  Speaker 1: protected from removal by her status as a U.S. citizen.
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  Speaker 1: DHS would then have to determine whether she was removable
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  Speaker 1: under the Immigration and Nationality Act. and conduct whatever proceeding
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  Speaker 1: the law requires. Denaturalization and deportation should therefore be understood
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  Speaker 1: as separate stages rather than a single automatic event. Now,
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  Speaker 1: her federal convictions would become highly relevant at the second stage.
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  Speaker 1: A non-citizen convicted of serious federal offenses involving sexual exploitation, trafficking,
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  Speaker 1: or crimes against minors can face powerful grounds of removability
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  Speaker 1: depending upon the statutory classification of the convictions. The government
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  Speaker 1: would analyze whether Maxwell's offenses constitute aggravated felonies, crimes involving
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  Speaker 1: moral turpitude, or other removable offenses under immigration law. Because
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  Speaker 1: she's currently a citizen, that analysis cannot presently be used
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  Speaker 1: to deport her. Citizenship acts as the legal wall between
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  Speaker 1: her and ordinary removal proceedings. Denaturalization, if successful, would remove
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  Speaker 1: that wall. Maxwell's British and French citizenship would then become
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  Speaker 1: practically important because there would be no statelessness problem preventing
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  Speaker 1: the U.S. from identifying a country of nationality. Questions concerning
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  Speaker 1: which country would accept her, how removal would interact with
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  Speaker 1: the completion of a criminal sentence, and what treaty or
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  Speaker 1: administrative issues would arise would come later. None of those
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  Speaker 1: downstream issues decides whether her naturalization was lawful in 2002.
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  Speaker 1: They simply explain why a Section 1451 case would have
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  Speaker 1: consequences extending well beyond the symbolic loss of an American passport. Now,
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  Speaker 1: the timing of any removal would also matter. Denaturalization would
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  Speaker 1: not ordinarily erase Maxwell's existing federal sentence or permit her
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  Speaker 1: to simply walk out of prison and board a plane.
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  Speaker 1: The Bureau of Prisons retains custody pursuant to the criminal
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  Speaker 1: judgment sentencing her to 240 months. Immigration consequences generally follow
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  Speaker 1: or interact with the completion of criminal custody rather than
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  Speaker 1: nullifying it. If she lost citizenship while incarcerated, Immigration authorities
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  Speaker 1: could prepare for proceedings or custody associated with her eventual release.
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  Speaker 1: Her status as a British and French citizen would give
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  Speaker 1: the government options that do not exist with a stateless individual,
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  Speaker 1: yet neither Britain or France automatically controls the United States'
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  Speaker 1: decision simply because Maxwell holds those nationalities. Removal is governed
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  Speaker 1: first by American immigration law, and then by the practical
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  Speaker 1: and diplomatic mechanics of of receiving the individual abroad. The
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  Speaker 1: important point is that denaturalization could transform Maxwell from an
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  Speaker 1: American citizen serving a federal sentence into a foreign national
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  Speaker 1: potentially subject to removal after criminal custody ends. And I
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  Speaker 1: think there's also a broader institutional reason that Maxwell's citizenship
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  Speaker 1: record deserves examination. In 2026, the DOJ has dramatically increased
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  Speaker 1: the number of civil denaturalization cases filed against naturalized citizens
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  Speaker 1: accused of concealing serious pre-naturalization crimes. The department announced 25
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  Speaker 1: such actions in a short period during the summer of
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  Speaker 1: 2026 and said that more than 100 civil denaturalization complaints
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  Speaker 1: have been filed since January of 2025. Those cases include
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  Speaker 1: defendants accused of child sexual abuse, fraud, attempted murder, drug offenses,
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  Speaker 1: and other serious misconduct. Several complaints rely upon precisely the
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  Speaker 1: allegation implicated by Maxwell's paperwork. The applicant committed serious crimes
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  Speaker 1: before naturalization and falsely denied that conduct when immigration officials
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  Speaker 1: asked about it. DOJ, therefore, cannot plausibly treat the legal
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  Speaker 1: mechanism itself as exotic or unprecedented. The department is presently
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  Speaker 1: using it as an affirmative enforcement tool, and that comparison
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  Speaker 1: inevitably raises the question of consistency. If the DOJ believes
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  Speaker 1: that an individual who sexually abused a child before naturalization
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  Speaker 1: and falsely denied criminal conduct on an N-400 should face
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  Speaker 1: Section 1451 litigation, Maxwell's immigration record represents an obvious candidate
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  Speaker 1: for the same legal review. Garcia-Cardial, Alfred, Gallegos, Kahn, Power,
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  Speaker 1: and other recent defendants illustrate the department's willingness to revisit
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  Speaker 1: citizenship years after the ceremony when later evidence establishes pre-naturalization misconduct.
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  Speaker 1: Some of those cases have resulted in actual denaturalization while
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  Speaker 1: others remain allegations awaiting judgment. Maxwell's criminal conviction is not
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  Speaker 1: a rumor and the 1997 offense appearing in the judgment
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  Speaker 1: is not an unresolved accusation. The legal question is therefore
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  Speaker 1: concrete enough to warrant formal review. Whether that review ultimately
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  Speaker 1: supports a complaint is a separate matter. So that leaves
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  Speaker 1: us with the ultimate question, which is procurement. because Section
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  Speaker 1: 1451 is concerned with legal validity of the citizenship grant itself.
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  Speaker 1: If Maxwell truthfully disclosed her criminal conduct and would nonetheless
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  Speaker 1: have been fully entitled to naturalize, a misstatement could fail
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  Speaker 1: the required casual test. If truthful disclosure would have established
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  Speaker 1: statutory ineligibility, the government's case becomes much stronger. If truthful
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  Speaker 1: disclosure would instead have triggered an investigation that predictably uncovered
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  Speaker 1: disqualifying conduct, Kunji's and Maslow and Jack provide the analytical
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  Speaker 1: framework for that route. The government would therefore need to
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  Speaker 1: recreate the decision immigration authorities should have made in 2002,
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  Speaker 1: using facts they did not know because of the alleged concealment.
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  Speaker 1: That exercise is considerably more rigorous than announcing that a
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  Speaker 1: bad person does not deserve citizenship. Citizenship law is not
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  Speaker 1: supposed to turn upon whether the defendant is popular, sympathetic, infamous,
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  Speaker 1: or politically useful. It turns upon statutory eligibility and the
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  Speaker 1: integrity of the process by which citizenship was obtained. Maxwell's
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  Speaker 1: notoriety should neither protect her from that inquiry nor substitute
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  Speaker 1: the evidence required to prevail. And I think that's where
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  Speaker 1: the Maxwell citizen question ultimately lands. The U.S. would not
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  Speaker 1: be stripping citizenship from a woman simply because a jury
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  Speaker 1: convicted her for horrific crimes. It would be asking whether
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  Speaker 1: she ever lawfully acquired that citizenship in the first place.
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  Speaker 1: and I don't think that distinction is semantic. It's the
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  Speaker 1: entire constitutional and statutory foundation of denaturalization law. Maxwell's 2002
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  Speaker 1: naturalization occurred after criminal conduct that had a federal jury,
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  Speaker 1: later proved beyond a reasonable doubt, had taken place. Her
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  Speaker 1: own immigration paperwork asked precisely the kind of undisclosed criminal
• 15:01
  Speaker 1: conduct that had escaped arrest at the time. She answered negatively,
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  Speaker 1: received approval, and took the oath. Federal courts have removed
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  Speaker 1: citizenship from other people when later evidence established that serious
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  Speaker 1: crimes committed before naturalization had been concealed during the application process.
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  Speaker 1: DOJ is doing the same thing in new cases today.
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  Speaker 1: Whether Ghislaine Maxwell ultimately belongs in that category is a
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  Speaker 1: question a court would have to decide. But the public
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  Speaker 1: record supplies more than enough reason for the government to
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  Speaker 1: put the question before one. All the information that goes
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  Speaker 1: with this episode is can be found in the description box.