By Brian Dowling

Law360 (July 8, 2020, 6:39 PM EDT) -- A federal judge in Massachusetts on Wednesday hinted she wouldn't rush her decision on releasing from custody a former Green Beret and his son who are wanted by Japan for allegedly helping former Nissan CEO Carlos Ghosn jump bail in 2019. 

Weighing a request from Peter and Michael Taylor to walk free from the Norfolk County Correctional Center, U.S. District Judge Indira Talwani said she would hold off on the habeas petition until her colleague U.S. Magistrate Judge Donald Cabell fleshes out his denial of the pair's bid for freedom in their extradition case.

"I am, at this point, anticipating that I will deny the TRO," the judge said, scheduling additional hearings on the request so that the parties would have the "opportunity for a very careful review of material beyond requiring the respondents to file briefs in three hours, or whatever we had here."

The Taylors on Monday asked the court for an emergency order to free them from detention while their extradition fight plays out. The petition argues Japan's request for their arrest is "fatally flawed" and the spread of the COVID-19 pandemic through the county jail is too high a risk to continue detaining them.

Then Tuesday afternoon, Cabell denied the request for release, albeit in a brief electronic order that promised a written order to follow "shortly."

Federal agents arrested the Taylors in May on the request of Japanese authorities who say the pair orchestrated a made-for-movie scheme involving wardrobe changes, a bullet train, a private jet and a black box large enough for the former Nissan chief to fit inside.

Noted white-collar defense attorney Abbe Lowell stressed to Judge Talwani on Wednesday that "every minute of every hour of every day" that the Taylors remain behind bars puts them at considerable risk of contracting the virus. He added that Judge Talwani didn't need to wait for the magistrate judge's thoughts on the denial before freeing his clients.

"Whatever the reason Judge Cabell will ultimately write," Lowell said, "will not change the exigencies" of the Taylors' detention.

Judge Talwani warned Lowell that pushing too hard for a quick decision isn't the best way for him to proceed.

"The harm you need to justify to me ... is the harm in waiting a few more days until we have a decision" from the magistrate judge, said Judge Talwani.

Stephen Hassick of the U.S. attorney's office said the court's decision on releasing the Taylors should take into account that they are wanted in Japan specifically for helping Ghosn jump bail.

Ignoring that, Hassick said, "would be asking you to close your eyes to the most salient elements of this case."

While she indicated she'd deny the immediate restraining order to have the pair released, Judge Talwani took the matter under advisement and scheduled a hearing for the parties to respond to Judge Cabell's written order.

The government is represented by Stephen W. Hassink of the U.S. Attorney's Office for the District of Massachusetts and Philip A. Mirrer-Singer of the U.S. Department of Justice.

Michael Taylor and Peter Taylor are represented by Abbe David Lowell of Winston & Strawn LLP and Paul V. Kelly of Jackson Lewis PC.

Michael Taylor is also represented by Daniel Marino and Tillman Finley of Marino Finley LLP and Robert L. Sheketoff.

Peter Taylor is also represented by James P. Ulwick of Kramon & Graham PA.

The cases are U.S. v. Taylor, case number 4:20-mj-01069; U.S. v. Taylor, case number 4:20-mj-01070; and Taylor et al. v. McDermott et al., case number 1:20-cv-11272, in the U.S. District Court for the District of Massachusetts.

--Editing by Amy Rowe.

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