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Extraction Summary
2
People
2
Organizations
0
Locations
1
Events
1
Relationships
5
Quotes
Document Information
Type:
Legal motion/court filing (conclusion of memorandum)
File Size:
575 KB
Summary
This document is the conclusion page of a legal motion filed on January 25, 2021, in the case against Ghislaine Maxwell. The defense argues that the Court should sever the Perjury Counts (Counts 5-6) from the Mann Act Counts (Counts 1-4) pursuant to Federal Rules of Criminal Procedure 8(a) and 14. The defense contends that a joint trial would unfairly prejudice the jury against Maxwell by attacking her credibility regarding 'salacious topics,' potentially causing a conviction on the sex trafficking charges based on character attacks rather than evidence.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Subject of the legal motion; defense is arguing to sever perjury counts to protect her credibility.
|
| The Government | Prosecution |
Accused by the defense of trying to prejudice the jury by attacking Maxwell's credibility through perjury counts.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Federal Court |
The judicial body addressed in the motion (Case 1:20-cr-00330-AJN).
|
|
| Department of Justice (DOJ) |
Indicated by the Bates stamp 'DOJ-OGR'.
|
Timeline (1 events)
2021-01-25
Filing of the legal document requesting severance of charges.
Federal Court
Defense Counsel
The Court
Relationships (1)
The document describes the Government's strategy to argue Maxwell is a 'liar in general' to secure a conviction.
Key Quotes (5)
"Finally, severance is appropriate because a joint trial including the Perjury Counts will necessarily introduce into the trial the issue of Ms. Maxwell’s credibility, even if she decides to assert her Fifth Amendment right not to testify."Source
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Quote #1
"By alleging that Ms. Maxwell lied about sexual and other salacious topics, the Government is explicitly putting its very big thumb on the credibility scale."Source
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Quote #2
"In short, a joint trial on Counts One through Six guarantees a mess."Source
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Quote #3
"The Court should therefore sever the Perjury Counts under Rule 14(a)."Source
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Quote #4
"...the Court should sever the Perjury Counts (Counts Five and Six) from the Mann Act Counts (Counts One through Four)..."Source
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Quote #5
Full Extracted Text
Complete text extracted from the document (1,599 characters)
Case 1:20-cr-00330-AJN Document 120 Filed 01/25/21 Page 17 of 19
to present “some overlapping proof” and “five limited overlapping witnesses” to prove both
charges).
charges).
Finally, severance is appropriate because a joint trial including the Perjury Counts will
necessarily introduce into the trial the issue of Ms. Maxwell’s credibility, even if she decides to
assert her Fifth Amendment right not to testify. By alleging that Ms. Maxwell lied about sexual
and other salacious topics, the Government is explicitly putting its very big thumb on the
credibility scale. The Government will attempt to argue to the jury that Ms. Maxwell lied about
the allegations in the Perjury Counts and that Ms. Maxwell is a liar in general. This is a tool not
normally afforded to the accuser in a criminal case. It will be difficult, if not impossible, for Ms.
Maxwell to lodge appropriate objections and the Court to make appropriate rulings and provide
limiting instructions on the evidence. There is a substantial risk that the jury will convict Ms.
Maxwell on Counts One-Four because her credibility was attacked in connection with the
Perjury Counts. In short, a joint trial on Counts One through Six guarantees a mess. The Court
should therefore sever the Perjury Counts under Rule 14(a).
necessarily introduce into the trial the issue of Ms. Maxwell’s credibility, even if she decides to
assert her Fifth Amendment right not to testify. By alleging that Ms. Maxwell lied about sexual
and other salacious topics, the Government is explicitly putting its very big thumb on the
credibility scale. The Government will attempt to argue to the jury that Ms. Maxwell lied about
the allegations in the Perjury Counts and that Ms. Maxwell is a liar in general. This is a tool not
normally afforded to the accuser in a criminal case. It will be difficult, if not impossible, for Ms.
Maxwell to lodge appropriate objections and the Court to make appropriate rulings and provide
limiting instructions on the evidence. There is a substantial risk that the jury will convict Ms.
Maxwell on Counts One-Four because her credibility was attacked in connection with the
Perjury Counts. In short, a joint trial on Counts One through Six guarantees a mess. The Court
should therefore sever the Perjury Counts under Rule 14(a).
CONCLUSION
For the reasons set forth above, the Court should sever the Perjury Counts (Counts Five
and Six) from the Mann Act Counts (Counts One through Four) and order that they be tried
separately, pursuant to Rules 8(a) and 14 of the Federal Rules of Criminal Procedure.
and Six) from the Mann Act Counts (Counts One through Four) and order that they be tried
separately, pursuant to Rules 8(a) and 14 of the Federal Rules of Criminal Procedure.
Dated: January 25, 2021
13
DOJ-OGR-00002295
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