DOJ-OGR-00000540.json 3.7 KB

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  5. "date": "07/24/19",
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  10. "full_text": "Case 1:19-cr-00490-RMB Document 36 Filed 07/24/19 Page 30 of 74 30\n\nTHE COURT: Is that the Fiaro (phonetic) case?\nMR. WEINBERG: Yes, your Honor. Again, today is not the day to be arguing Rule 29 issues or even the construction and scope of the statute. But I think lots of the detentions are for your quintessential traffickers.\nAnd I understand we don't have consent and, therefore, the government substitutes that language. But this is not quintessential commercial sex trafficking to third parties for profit.\nBut more important or as important, if I can say that, the presumption is rebuttable. Even in those cases that your Honor listed, the statute contemplates that some 1591 defendants will be released under conditions, and I believe that the rebuttal to the presumption -- one is the danger prong; one is the flight prong. If I can address them separately.\nTHE COURT: Sure.\nMR. WEINBERG: I apologize if I'm using the time.\nTHE COURT: No. You have the right.\nMR. WEINBERG: Thank you, Judge.\nTHE COURT: I think that is interesting. So those prongs have different burdens of proof for one thing, clear and convincing in one instance and preponderance in the other. It's either/or or both one could find. But if one found one of those, either a danger to the community or flight\n\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\n\nDOJ-OGR-00000540",
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  19. "content": "THE COURT: Is that the Fiaro (phonetic) case?\nMR. WEINBERG: Yes, your Honor. Again, today is not the day to be arguing Rule 29 issues or even the construction and scope of the statute. But I think lots of the detentions are for your quintessential traffickers.\nAnd I understand we don't have consent and, therefore, the government substitutes that language. But this is not quintessential commercial sex trafficking to third parties for profit.\nBut more important or as important, if I can say that, the presumption is rebuttable. Even in those cases that your Honor listed, the statute contemplates that some 1591 defendants will be released under conditions, and I believe that the rebuttal to the presumption -- one is the danger prong; one is the flight prong. If I can address them separately.\nTHE COURT: Sure.\nMR. WEINBERG: I apologize if I'm using the time.\nTHE COURT: No. You have the right.\nMR. WEINBERG: Thank you, Judge.\nTHE COURT: I think that is interesting. So those prongs have different burdens of proof for one thing, clear and convincing in one instance and preponderance in the other. It's either/or or both one could find. But if one found one of those, either a danger to the community or flight",
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  35. "MR. WEINBERG"
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  38. "SOUTHERN DISTRICT REPORTERS, P.C."
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  42. "07/24/19"
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