DOJ-OGR-00001924.jpg
636 KB
Extraction Summary
3
People
5
Organizations
0
Locations
1
Events
2
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
636 KB
Summary
This document is a page from a court transcript dated December 10, 2020. An attorney is arguing for their client's pretrial release, citing precedent from the Supreme Court and the Second Circuit to assert that the burden of proof lies with the government to demonstrate the client is a flight risk. The attorney criticizes the government for not meeting this burden and introduces a prepared bail package for the judge's consideration.
People (3)
| Name | Role | Context |
|---|---|---|
| Raggi | Judge |
Mentioned as the judge who wrote a case for the Second Circuit relevant to the current proceedings.
|
| English | Party in a legal case |
Mentioned in the context of the 'U.S. v. English case'.
|
| your Honor | Judge |
The speaker is addressing the presiding judge in the courtroom.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| Supreme Court | government agency |
Mentioned as having advised that a very limited number of people should be detained prior to trial.
|
| Second Circuit | government agency |
A U.S. Court of Appeals mentioned as having provided advice on pretrial detention and as the court for which Judge Ra...
|
| Pretrial Services | government agency |
Mentioned as an entity that would verify suretors for a bail package.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting firm that transcribed the proceedings.
|
| the government | government agency |
Referred to as the opposing party in the legal proceeding, with the burden of persuasion to show the defendant is a f...
|
Timeline (1 events)
2020-12-10
An attorney is arguing for a client's release on bail, challenging the government's position and presenting a bail package.
Courtroom
Unnamed attorney (speaker)
Unnamed judge ('your Honor')
the government (opposing counsel)
Relationships (2)
Unnamed attorney (speaker)
→
professional
→
Unnamed client
The speaker refers to 'the client' and is arguing on their behalf for release from detention.
The speaker is arguing against the government's legal position regarding the presumption of detention and the burden of proof.
Key Quotes (2)
"the burden of persuasion is the government's. It never shifts."Source
— Unnamed attorney
(The speaker is making a legal argument that the government, not the defense, has the ultimate responsibility to prove why the defendant should be detained.)
DOJ-OGR-00001924.jpg
Quote #1
"We didn't want to just walk in and say, Judge, we should be entitled to bail, please set"Source
— Unnamed attorney
(The speaker is explaining the strategy of proactively presenting a detailed bail package to the court rather than simply requesting bail.)
DOJ-OGR-00001924.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,705 characters)
Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 47 of 91
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1 law of the statute, by its structure, favors release. The
2 Supreme Court has and the Second Circuit has advised us that a
3 very limited number of people should be detained prior to trial
4 because of the statute's structure, and the government nowhere
5 mentions that. It basically acts as if all it has to do is
6 invoke the presumption on the client and then we are done, and
7 that's just not the legal standing, your Honor.
8 They also say nothing about the burden, which is
9 discussed on a case written for the Second Circuit by Judge
10 Raggi, and also the U.S. v. English case. Without going into a
11 lot of detail, as the court is aware, the burden of persuasion
12 is the government's. It never shifts. The presumption can be
13 rebutted, and we submit it is here, and then it is the burden
14 of the government to show that the defendant is a risk of
15 flight and that there are no conditions or combination of
16 conditions to secure the release, which we submit they haven't
17 done here.
18 So let me turn, your Honor, if I may, to the factors
19 under 3142(g), and before I do that, I also want to address
20 some of the government's comments about the bail package. We
21 decided that we should come before your Honor with a package
22 that was set out subject, of course, to the ruling provided by
23 the court, subject of course to verification as to suretors by
24 Pretrial Services and the court. We didn't want to just walk
25 in and say, Judge, we should be entitled to bail, please set
2 Supreme Court has and the Second Circuit has advised us that a
3 very limited number of people should be detained prior to trial
4 because of the statute's structure, and the government nowhere
5 mentions that. It basically acts as if all it has to do is
6 invoke the presumption on the client and then we are done, and
7 that's just not the legal standing, your Honor.
8 They also say nothing about the burden, which is
9 discussed on a case written for the Second Circuit by Judge
10 Raggi, and also the U.S. v. English case. Without going into a
11 lot of detail, as the court is aware, the burden of persuasion
12 is the government's. It never shifts. The presumption can be
13 rebutted, and we submit it is here, and then it is the burden
14 of the government to show that the defendant is a risk of
15 flight and that there are no conditions or combination of
16 conditions to secure the release, which we submit they haven't
17 done here.
18 So let me turn, your Honor, if I may, to the factors
19 under 3142(g), and before I do that, I also want to address
20 some of the government's comments about the bail package. We
21 decided that we should come before your Honor with a package
22 that was set out subject, of course, to the ruling provided by
23 the court, subject of course to verification as to suretors by
24 Pretrial Services and the court. We didn't want to just walk
25 in and say, Judge, we should be entitled to bail, please set
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00001924
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