DOJ-OGR-00019972.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page113 of 200 50 travel than alleged as to our client, certainly in the past year, and strict release was approved with strict bail conditions. In Bodmer, which was before Judge Scheindlin in 2004, the defendant was a Swiss citizen, and Switzerland had taken the position it would not extradite its citizens for proceedings in the United States. And Judge Scheindlin observed, well, if that becomes the test for bail, then no citizen of Switzerland can ever get bail in the United States. So, too, here. If that's the test for France, then no French citizen, under the government's reasoning, could ever get bail in the United States. And in Bodmer it was even the allegation -- the case was a fraud case -- the allegation was that the defendant who was a Swiss attorney had, according to the government, been opening up Swiss accounts overseas and that that was some form of hiding. Even with all that, the court said what many courts have said in this courthouse, to be addressed in the conditions. Doesn't mean the government has carried its burden of showing there is no combination of conditions. In the Khashoggi case, written by Judge Keenan in 1989, this was a person of extraordinary wealth, way more than anything the government alleges that our client has, he was, according to the government, a fugitive, a Saudi citizen who had not been in the United States for three years prior to his SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019972