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709 KB
Extraction Summary
2
People
3
Organizations
1
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal filing / court motion (defense reply)
File Size:
709 KB
Summary
This page from a legal filing (March 23, 2021) argues for Ghislaine Maxwell's release on bail. The defense contends that Maxwell's offer to renounce her French citizenship is a valid condition of release, countering a letter from the French Ministry of Justice which claimed such renunciation wouldn't change extradition rules. The defense relies on an opinion by French counsel William Julié to argue the government's interpretation of French law is incorrect.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Subject of the bail motion; offering to renounce French citizenship.
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| William Julié | French Legal Counsel |
Provided a legal opinion (Exhibit A) disputing the government's interpretation of French extradition law.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| French Ministry of Justice |
Provided a letter urging the court to disregard Maxwell's offer to renounce citizenship.
|
|
| United States Court of Appeals for the Second Circuit |
Referenced in case citation (2d Cir. 1996) and regarding potential appeals.
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|
| Department of Justice (DOJ) |
Prosecution opposing the bail motion (indicated by 'the government' and footer stamp).
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Timeline (1 events)
2021-03-23
Filing of Document 172-1 in Case 1:20-cr-00330-AJN
US District Court
Ghislaine Maxwell
Defense Counsel
Locations (1)
| Location | Context |
|---|---|
|
Referenced regarding citizenship laws and extradition treaties.
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Relationships (1)
Defense relies on opinion from William Julié, French legal counsel
Key Quotes (4)
"Renunciation of Foreign Citizenship is a Valid and Significant Condition of Release"Source
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Quote #1
"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."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 assertion is entirely incorrect for the following reasons"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,090 characters)
Case 1:20-cr-00330-AJN Document 172-1 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-00001258
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