Epstein Secrets

ELL'S MOTION TO DISMISS COUNTS FIVE AND SIX OF THE SUPERSEDING INDICTMENT BECAUSE THE ALLEGED MISSTATEMENTS ARE NOT PERJURIOUS AS A MATTER OF LAW Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Christian R. Everdell COHEN & GRESSER LLP Bobbi C. Sternheim Law Offices of Bobbi C. Sternheim

RE NOT PERJURIOUS AS A MATTER OF LAW Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C

also United States v. Bonacorsa, 528 F.2d 1218, 1221 (2d Cir. 1976). "Precise questioning is imperative as a predicate for the offense of perjury." Bronston v. United States, 409 U.S. 352, 362 (1973). "A question is fundamentally ambiguous when it is not a phrase with a meaning about which men of ordina

2012), is instructive: Succinctly, the prosecutor did not fulfill her obligation to "pin the witness down to the specific object of [her] inquiry." Bronston, 409 U.S. at 360. Any number of straightforward follow-up questions could have clarified the object of inquiry. For example, in addition to the "at

6 III. The Questions and Answers Were Immaterial 10 CONCLUSION 10 Certificate of Service 12 i EFTA00097379 TABLE OF AUTHORITIES Cases Bronston v. United States, 409 U.S. 352 (1973) 6, 7, 10 v. Maxwell, 325 F. Supp. 3d 428 (S.D.N.Y. 2018) 1 United States v. Bonacorsa, 528 F.2d 1218 (2d C

o use them for purposes of sexual massages? MR. PAGLIUCA: Objection to the form and foundation. A. Can yo

or can a conviction rest on answers that are literally true but unresponsive, and therefore "arguably misleading by negative implication." Id.; see Bronston v. United States, 409 U.S. 352, 362 (1973). But when "the answer is false, the fact that it is unresponsive is immaterial." United States v. Corr, 5

o use them for purposes of sexual massages? MR. PAGLIUCA: Objection to the form and foundation. A. Can yo

or can a conviction rest on answers that are literally true but unresponsive, and therefore "arguably misleading by negative implication." Id.; see Bronston v. United States, 409 U.S. 352, 362 (1973). But when "the answer is false, the fact that it is unresponsive is immaterial." United States v. Corr, 5

o use them for purposes of sexual massages? MR. PAGLIUCA: Objection to the form and foundation. 123 EFTA

or can a conviction rest on answers that are literally true but unresponsive, and therefore "arguably misleading by negative implication." Id.; see Bronston v. United States, 409 U.S. 352, 362 (1973). But when "the answer is false, the fact that it is unresponsive is immaterial." United States v. Corr, 5

o use them for purposes of sexual massages? MR. PAGLIUCA: Objection to the form and foundation. A. Can yo

or can a conviction rest on answers that are literally true but unresponsive, and therefore "arguably misleading by negative implication." Id.; see Bronston v. United States, 409 U.S. 352, 362 (1973). But when "the answer is false, the fact that it is unresponsive is immaterial." United States v. Corr, 5