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699 KB
Extraction Summary
2
People
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Organizations
1
Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Court filing / legal brief (bail motion)
File Size:
699 KB
Summary
This document is page 4 of a legal filing (Doc 171) in the case against Ghislaine Maxwell, filed on March 23, 2021. It argues procedural points regarding jurisdiction and bail appeals, and substantively argues that Maxwell's offer to renounce her French citizenship is a valid condition for release. The defense contests the US government's reliance on a French Ministry of Justice letter regarding extradition, citing a counter-opinion by French counsel William Julié.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Subject of the bail motion; willing to renounce foreign citizenship.
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| William Julié | French Legal Counsel |
Provided a legal opinion (Exhibit A) contradicting the French Ministry of Justice regarding extradition laws.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| French Ministry of Justice |
Provided a letter to the government asserting that renouncing citizenship does not affect extradition rules for prior...
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| United States Court of Appeals for the Second Circuit |
Referenced as '2d Cir.' and 'the Circuit' regarding appeals jurisdiction.
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| Department of Justice |
Implied by 'the government' and the footer 'DOJ-OGR'.
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Timeline (1 events)
2021-03-23
Filing of Document 171 in Case 1:20-cr-00330-PAE
District Court
Ms. Maxwell
Defense Counsel
Locations (1)
| Location | Context |
|---|---|
|
Referenced regarding Ms. Maxwell's foreign citizenship and extradition laws.
|
Relationships (1)
Julié provided a legal opinion supporting Maxwell's arguments regarding French law.
Key Quotes (4)
"Ms. Maxwell will move the Circuit to withdraw her notice of appeal without prejudice"Source
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Quote #1
"Renunciation of Foreign Citizenship is a Valid and Significant Condition of Release"Source
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Quote #2
"The letter asserts that the loss of French nationality subsequent to the criminal act... does not affect the rule against the extradition of nationals"Source
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Quote #3
"The government’s argument goes against the letter of the law."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,091 characters)
Case 1:20-cr-00330-PAE Document 171 Filed 03/23/21 Page 4 of 18
instead guided by concerns of efficiency. Here, it is unclear whether interlocutory appeal of a
district court’s decision regarding bail “divests the court of its control over aspects of the case
involved in the appeal.” United States v. Rodgers, 101 F.3d 247, 251 (2d Cir. 1996). Were it so, a
district court would have no authority to remand or modify bail conditions of a defendant
released while the government appeals the grant of bail. Such a rule would detract from, rather
than promote, judicial economy and would be unworkable in practice.
district court’s decision regarding bail “divests the court of its control over aspects of the case
involved in the appeal.” United States v. Rodgers, 101 F.3d 247, 251 (2d Cir. 1996). Were it so, a
district court would have no authority to remand or modify bail conditions of a defendant
released while the government appeals the grant of bail. Such a rule would detract from, rather
than promote, judicial economy and would be unworkable in practice.
Should the Court believe it does not have jurisdiction to decide the present bail
motion, Ms. Maxwell will move the Circuit to withdraw her notice of appeal without
prejudice and thereby remove any theoretical bar to this Court’s jurisdiction over the
present bail motion. Should the Court summarily deny the present motion on the merits,
Ms. Maxwell will file a notice of appeal and request consolidation of both appeals.
motion, Ms. Maxwell will move the Circuit to withdraw her notice of appeal without
prejudice and thereby remove any theoretical bar to this Court’s jurisdiction over the
present bail motion. Should the Court summarily deny the present motion on the merits,
Ms. Maxwell will file a notice of appeal and request consolidation of both appeals.
Renunciation of Foreign Citizenship is a Valid and Significant Condition of Release
Relying on a letter from the French Ministry of Justice, the government urges the
Court to give no weight to Ms. Maxwell’s agreement to renounce her foreign citizenship.
But the letter is wrong on the law and should be disregarded. The letter asserts that the loss of
French nationality subsequent to the criminal act which the person is alleged to have committed
does not affect the rule against the extradition of nationals, as nationality must be assessed at the
time of commission of the offense and not at the time of the extradition request. As discussed in
the opinion from William Julié, French legal counsel (attached as Exhibit A), the
government’s assertion is entirely incorrect for the following reasons:
Court to give no weight to Ms. Maxwell’s agreement to renounce her foreign citizenship.
But the letter is wrong on the law and should be disregarded. The letter asserts that the loss of
French nationality subsequent to the criminal act which the person is alleged to have committed
does not affect the rule against the extradition of nationals, as nationality must be assessed at the
time of commission of the offense and not at the time of the extradition request. As discussed in
the opinion from William Julié, French legal counsel (attached as Exhibit A), the
government’s assertion is entirely incorrect for the following reasons:
• The government’s argument goes against the letter of the law.
• The government’s argument goes against the spirit of the law.
• The government’s argument is contradicted by precedent and case law.
• The government’s argument goes against the spirit of the law.
• The government’s argument is contradicted by precedent and case law.
(Julié Opinion ¶¶ 6-26).
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DOJ-OGR-00002784
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