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Case 1:20-cr-00330-PAE Document 171 Filed 03/23/21 Page 10 of 18

Reform Act, Ms. Maxwell must be released unless there are "no conditions" that would
reasonably assure her presence. Here, the proposed bail package - uniquely strengthened
by Ms. Maxwell’s agreement to renunciate her foreign citizenship and have assets
monitored by a retired federal district court judge - satisfies the actual governing standard.

To find there are absolutely no conditions to satisfy flight risk of a 59-year-old
woman with no criminal history, who poses no danger to the community, who has made
America her home for the past 30 years, and who has established strong roots and forged
important connections with family and friends who reside here, is incredulous. The
concerns regarding foreign citizenship and restraint of assets have been addressed. To say
that renunciation of foreign citizenship and strict monitoring of assets by a retired federal
district court judge does not suffice when combined with an eight-figure bond secured by
real property and cash and the strictest terms of home confinement and electronic
monitoring strains credulity. The government gains a strategic advantage each day Ms.
Maxwell remains in custody – her case is tried daily in the court of public opinion based
on allegations that are inadmissible in a court of law; the likelihood of seating jurors who
are not implicitly biased against her is being severely jeopardized; her physical strength
and concentration are becoming increasingly impaired by the conditions of her
confinement; and she is being denied a full and fair opportunity to prepare her case for
trial.⁸

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⁸ Ms. Maxwell continues to experience difficulty reviewing electronic discovery, including discs that can only be
reviewed on the MDC computer but are not readable on that computer, and thousands of pages still not readable on
either the MDC computer or the laptop. Her receipt of legal mail – including pretrial motions, responses and replies
– are constantly delayed even after tracking information confirms delivery to the MDC. The visiting rooms in the
East Building, where Ms. Maxwell is detained, have been reviewed by an HVAC expert retained by the Federal
Defenders of New York and have been characterized as a “death trap.” The MDC claims it is in the process of
installing HEPA filters, a request long overdue in light of concerns regarding ventilation in legal visiting rooms
raised early in the pandemic. The alternative – to meet in the open-area where social visiting had been conducted-
affords no privacy for confidential attorney-client communication, especially under constant oversight by Ms.

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