DOJ-OGR-00019969.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page110 of 200 47 law of the statute, by its structure, favors release. The Supreme Court has and the Second Circuit has advised us that a very limited number of people should be detained prior to trial because of the statute's structure, and the government nowhere mentions that. It basically acts as if all it has to do is invoke the presumption on the client and then we are done, and that's just not the legal standing, your Honor. They also say nothing about the burden, which is discussed on a case written for the Second Circuit by Judge Raggi, and also the U.S. v. English case. Without going into a lot of detail, as the court is aware, the burden of persuasion is the government's. It never shifts. The presumption can be rebutted, and we submit it is here, and then it is the burden of the government to show that the defendant is a risk of flight and that there are no conditions or combination of conditions to secure the release, which we submit they haven't done here. So let me turn, your Honor, if I may, to the factors under 3142(g), and before I do that, I also want to address some of the government's comments about the bail package. We decided that we should come before your Honor with a package that was set out subject, of course, to the ruling provided by the court, subject of course to verification as to suretors by Pretrial Services and the court. We didn't want to just walk in and say, Judge, we should be entitled to bail, please set SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019969