"The rich do not always enjoy legal advantages"

That's the title of my latest op-ed, which was run in the Jerusalem Post.  From the introduction:

Ghislaine Maxwell’s case has led to many uninformed takes about the American criminal justice system. One common theme is that rich people are treated better than the poor by the system.

Clemence Michallon's piece "What Ghislaine Maxwell's case teaches us about rich people justice," is just one example, but this argument misunderstands the American justice system in profound ways. As a lawyer as well as spokesperson for Ghislaine's family, I felt obligated to respond.

Contrary to the premise of the article, the rich do not enjoy enormous advantages in a federal criminal case. If anything, they are greatly disadvantaged.

Ghislaine Maxwell's case is a perfect example.

One of the reasons stated by the judge for denying bail is her wealth. Any other person charged with stale, 25-year-old allegations would be out on bail right now.

Ghislaine is being held in torturous conditions because the Bureau of Prisons deems her not to be a normal inmate permitted to be in the general prison population.

She is the target of relentless media attacks because of her wealth and fame. Reporters almost seem delighted in reporting that she is not being permitted to sleep and that she is losing her hair. Imagine the uproar if we treated anyone else like this.

Prosecutors in that case only offered her a deal after they were caught engaging in misconduct. Michallon points to the Lori Loughlin case as an example of "rich people justice." Absurd.  

Loughlin had a real defense and stood a good chance of being found not guilty at a trial, but prosecutors have so much power that they were able to bully her into pleading guilty or risk facing decades in prison. Her wealth and fame only fueled the prosecution; it certainly did not shield her.

Jurors are predisposed against wealthy defendants. Schadenfreude – enjoyment obtained from the troubles of others – abounds.

So too regarding judges who do not want to appear to be giving any benefits to those with money. ...