Whether the government can seek pretrial detention in a second related prosecution after a magistrate judge has previously denied detention and ordered release in an earlier related case, and whether the presumption of pretrial detention under the Bail Reform Act may be triggered solely by an indictment

Both the Constitution and the Bail Reform Act presume pretrial release. This petition presents the question of whether, under the Fifth Amendment and the allied doctrine of res judicata, the government can seek, or a magistrate judge order, pretrial detention in a second related prosecution after a magistrate judge has previously denied detention and ordered release in an earlier related case involving the same defendant. This issue arises where both prosecutions are based on the same underlying factual allegations and have been designated as related by the government and treated as such by the reviewing courts? A related question is whether the presumption of pretrial detention under the Bail Reform Act, 18 U.S.C. § 3142(e)(3), may be triggered solely by the return of an indictment, absent a separate finding of probable cause by a judicial officer?