DOJ-OGR-00019992.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page133 of 200 k7e2MaxC kjc risk of flight or dangerousness, they are still entitled to the same Sixth Amendment rights to access defense counsel to prepare their case. MR. COHEN: Of course, your Honor. My point was a more narrow point. My point is that the facts in those cases are different from our case in a meaningful way and the court was doing a different evaluation. That was the point I was making on this case. So in conclusion, we believe this is a compelling case for bail. We believe that the government, which has the burden of persuasion that never shifts, has not made a showing as required, that our client is a risk of flight. When you consider the risk, as Judge Raggi put it, in Sabhnani, the actual risk of flight, not fantasy and not speculation, when you consider that the only factors they really point to are ones that the cases have already addressed, such as international travel and passports. We also submit that the government has not carried its burden of showing there is no condition or combination of conditions that secure release. So we would ask the court to grant bail today. And if the court needs more information from us, we would respectfully request that the court leave the proceeding open for a week so that we can try to satisfy the court because we want to. Thank you, your Honor, for your time. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019992