10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x VIRGINIA L. GIUFFRE, Plaintiff, Vv. 15 Civ. 7433 (RWS) GHISLAINE MAXWELL, Defendant. Oral Argument x New York, N.Y. March 31, 2017 LO310 a.m, Before? HON. ROBERT W. SWEET, District Judge APPEARANCES BOIES, SCHILLER & FLEXNER LLP Attorneys for Plaintiff BY: SIGRID S. McCAWLEY, ESQ. MEREDITH L. SCHULTZ, ESQ. S.J. QUINNEY COLLEGE OF LAW AT THE UNIVERSITY OF UTAH For Plaintiff BY: PAUL G. CASSELL, ESQ. HADDON, MORGAN AND FOREMAN, P.C. Attorneys for Defendant BY: JEFFREY S. PAGLIUCA, ESQ. LAURA A. MENNINGER, ESQ. SOUTHERN DISTRICT R (212) 805- PORT 0300 ERS, HOUSE_OVERSIGHT_011304

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 (Case called) THI 1s COURT: Like all of you, you woke up in the middle of the night thinking about this case. I would like to see if I can clarify my understanding. In the motion to dismiss, I concluded, I think, that what was at issue was the truth or falsity of the plaintiff's allegations concerning sexual abuse and the activities of the defendant. I think that's my sense of my own opinion. Yesterday, we were discussing the redactions of the intervention motion. I got the sense, perhaps wrongly, that the plaintiff's position was that the defamation was the truth or falsity of the statements relating to the defendant. Period. Am I correct? MS. McCAWLEY: You are, your Honor, in that the statements about the defendant to be clear, because one of the allegations is, of course, she was a madam and a coconspirator with Epstein -- do involve Epstein. aid al ir] COURT: Listen. Leave the pejorative out. Okay? Please. MS. McCAWLEY: Sure. THI Gl COURT: Simply because I'm trying to come to grips, obviously, with the scope of this case, which is a real issue, obviously. So is it you are restricting your claim to the truth and falsity of the statements about Maxwell? MS. McCAWLEY: Yes, that is the case, your Honor. The SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011305

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 statements about Maxwell and her activities, without using any "ve described in our description of what that is, but yes, as w pleadings. THE COURT: And whether or not the plaintiff was subject to sexual abuse as a minor is not part of it. I mean, yes, of course, whatever she was when whatever, but that issue we don't have to deal with. MS. McCAWLEY: I'm sorry, your Honor. I think I lost you, there. I apologize. So the allegations in the complaint are that when our client came forward and said she was abused by the defendant and Epstein, the defendant came out and said she was lying about that abuse, and some of that abuse did occur when she was a minor. THE COURT: Yes. Well, okay. But there are other things that she sets forth in the Churcher articles, in the motion to intervene, there are a whole series of other things that are -- I mean, there are things that have been said, and my reading of the defendant's statement is, I read it to say all those things are false. But those are not at issue, as far as you're concerned. MS. McCAWLEY: Yes, your Honor. In fact, the omnibus motion we filed today -- and I think, if I'm following you correctly, this may help we were trying to streamline the case because there's other individuals, obviously, that my SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011306

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 client made statements about. So we were trying to streamline the case to the statements about Maxwell and her involvement with Epstein. So in the omnibus motion you'll see, for example, that they have claimed she's made statements about other individuals, and we say that that's not what's at issue, what's at issue are the statements = THE COURT: That may be an issue of credibility. That may be an issue of credibility. I'm talking about what we're going to go to the jury on. MS. McCAWLEY: Yes. And that is the statements that Maxwell made about my client. THE COURT: And that's it. MS. McCAWLEY: Yes, your Honor. THE COURT: Let me ask the defense. Does that clarify anything for you? MS. MENNINGER: Could I have one second, your Honor? THI 1a COURT Sure. Of course. MS. MENNINGER: Your Honor, I think it's slightly more nuanced. Plaintiff has claimed our client's statement is false. Our client's statement is not just limited to the little snippets that they included in their complaint, it's the ntire statement. That entire statement talks about Virginia Giuffre's allegations against Ms. Maxwell have been proven untrue. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011307

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 THE COURT: Yes. But the statement wasn't limited to those allegations. MS. MENNINGER: That's exactly right, your Honor, because right in the middle of that particular statement, the one that's at issue in this case, our client said, "Now her story has grown and evolved, and she's included allegations about world leaders and Alan Dershowitz, which he denies." We can't just take that part out of her statement, that's what Ms. Maxwell put in her statement. And your Honor, what we will ultimately be hearing from Ms. Maxwell about what she believed were the obvious lies that she was referring to and the allegations that she was referring to when she issued that statement. = THE COURT: Now, one other question, and then we'll get to the business of the day. I apologize for this diversion. Let me ask you both. Suppose the plaintiff proves that she was sexually abused and that her story is substantially true but she does not prove the role that Maxwell had. Does she win? MS. MENNINGER: No, she loses, your Honor. TH] jet COURT I think she wins. MS. MENNINGER: Your Honor, the very first -- THI Gl COURT: Other than what you've just said. MS. MENNINGER: Your Honor, our client can only be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011308

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 alleged to have defamed someone based on facts, not opinions. THE COURT: Agreed. Agreed. MS. MENNINGER: And so she can -- the Davis v. Boeheim case is a perfect example of that, your Honor. She can only speak to facts about which she has personal knowledge. If plaintiff goes and proves that plaintiff went and had sex with Jeffrey Epstein at some point in time and our client wasn't there, our client's statement about that would be opinion, it would not be a fact based on personal knowledge. THE COURT: I mean, okay. But that's an issue of knowledge. That's a different -- MS. MENNINGER: You just said -- THE COURT: That's a different -—- MS. MENNINGER: The hypothetical was if our client wasn't involved. If our client wasn't involved then it would be an opinion. THE COURT: Thanks very much. I'm glad for this clarity, which frankly, at the moment, alludes me. Okay, let's move on. Yes, I'll hear from the movant. MS. McCAWLEY: Thank you, your Honor. The first order of business we'd like to address, if it's okay with the Court, is our filing, which was 691, which is our omnibus motion in limine. And if it's okay with the Court, we've split that up a bit. I'm going to start with respect to that motion in limine. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011309

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 What we attempted to do with our motion in limine was streamline the trial. And your Honor, based on the comments you've just made, if you want to give me guidance, I'll tell you what I'm thinking with respect to this and what we put Forth in our filing. But there are statements that are attributed to my client in other articles and things. For example, there ar statements about Bill Clinton being on the island, and the defense wants to bring in those statements to show that -- they believe they can show evidence that he wasn't on the island, so therefore, my client is a liar or is lying about that. Now, your Honor will remember, back in June we sought to depose him because we were concerned about that fact, that they were going to raise it, and we wanted to have him under oath -- THE COURT: Let's back up a little bit. MS. McCAWLEY: Sure. THE COURT: What and where was the statement made? MS. McCAWLEY: The statement was made in a March 5th article. So not the two articles we showed you yesterday -- THI Gl COURT: The Churcher article. MS. McCAWLEY: Yes. But it was another article that came out in March of 2011. And the statement was with respect to my client saying she saw him on Epstein's island. She was introduced to him SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011310

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 there. Although no allegations of trafficking or anything of that nature, just that she was there. And they are seeking to introduce evidence through Louie Freeh, who we'll discuss ina moment, they've proposed, and he's clearly an expert that was undisclosed, and through a FOIA record, and through the articles to allege that he wasn't on the island. And so in your Honor's order in 264-1, which is one of the sealed orders, you did not allow us to depose him because you said it was irrelevant. So we're now in a position where at trial they want to put forth that information against my client, and I don't have an under-oath statement from that individual saying whether or not he actually was. Now, what we know is he flew with Jeffrey Epstein at the same time 19 different times internationally and nationally, but we don't have him with respect to this particular allegation under oath. So we would say it would be highly prejudicial for them to be able introduce evidence saying that he wasn't there or that they have some proof or some expert saying he wasn't there when, in fact, we weren't able to ask him directly, the person who is at issue, under oath, whether or not he did, in fact, go there. So one of the streamlining of this case is that allegation has nothing to do with sexual abuse, it doesn't have to do with the statements SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011311

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 THE COURT: It has to do with credibility. MS. McCAWLEY: Well, your Honor, I would say, you're inclined to think that that has -- THE look. I don COURT: Well, I'm no genius. any -- but you know, that is precisely what the defense going to say. MS. McCAWLEY: Right. I understand, your Honor. if “te G@laai is And that's why we sought to depose him because it's inherently unfair -—— 7 THE COURT: Okay. So you would say I made MS. McCAWLEY: I think it No, your Honor. excluded, and in my view, I think it's not relevant issue at trial here. But they are, of course, going to that it is and that they want to bring that in. In, fact, a mistake. should be to the argue Like why I said, they've got lined up Mr. -- THE COURT: Well, on the question of credibility, isn't it relevant? MS. McCAWLEY: Because the statement so this case is about whether or not she was sexually abused and trafficked -- THE that's where I started out. COURT: Now, about that? If that is your position, that's something If it's a question about her sexual abuse, in addition to, Is it else. then that's something else. But you just said it isn't abou it's just about Maxwell and did she tell the truth abou SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 E that, HOUSE_OVERSIGHT_011312

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 10 H3VOGIU1 Maxwell. Well, I suppose, I suppose -- I haven't heard the other side and I haven't really thought it all out -- but I suppose if she is untruthful in other instances, that may be relevant to her credibility. MS. McCAWLEY: Well, your Honor, if that's the Court's position, again, we would be in a circumstance -- I mean, there's a couple reasons why th vidence itself that they want to put forth doesn"t come in. 7 THE COURT: Well, that's a different thing. MS. McCAWLEY: Sure. That's part of our motion, as well, your Honor. THE COURT: Sure. I read that. I understand that. MS. McCAWLEY: Right. So on the same note, since we're talking about this, I'll just tick off the few that fall within this category, if you don't mind. I understand, your Honor's position, so -- THE COURT: Well, I'm not sure what my position is right now. MS. McCAWLEY: Okay. So with respect to -- there's another category where there's been statements where my client said that she was trafficked to foreign presidents and world leaders that they want to bring into evidence. And in order to streamline the case, we've said, well, there's none of those people on the witness list, and just statements in an article SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011313

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 id. H3VOGIU1 of that nature shouldn't be able to come in. Because when we talk about a character issue, what's at issue here is reputation, and reputation to show the truthfulness of that would not be able to be proven in that circumstance because we don't have the other individuals there to make that statement, so there's no substantive evidence on that point that would be coming in. And the third category is with respect to Mr. Dershowitz, who is on the defendant's witness list for trial, and we have a few points there to raise. I mean, one is obviously that if that were allowed to come in, that causes the trial to become a mini trial about whether or not he, for example, was in the places where she says he was, his calendars, his credit card receipts, his telephone records, all of that. It gets into the issue, you know, obviously we have another witness who says that they were in a similar circumstance with respect to him. So it takes the trial away from whether or not the allegations relating to Maxwell are true or false and turns it into a trial about another individual who we have not made a claim against who comes in. There's also a problem with respect to that because he is also -- he has claimed attorney/client privilege as to his conversations and his advice with respect to Epstein which relates to the issues with Maxwell. So in other words, he would be able to testify what he says he didn't do, but then SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011314

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 12 H3VOGIU1 any questions we wanted to ask him about Epstein or Maxwell he "re hand-tied says he's got an attorney/client privilege. So w because we can't ask about the issues that we need to ask about with respect to that witness. So in my view, it's highly prejudicial to have him as a witness at trial when, again, our claims are not against him, and we have those issues. Now, you did have -- in your February 2nd order, you also precluded us from asking questions that we contended wer non-Fifth Amendment questions of Jeffrey Epstein about Dershowitz, holding that those were not relevant. So we're in a Situation where we have another witness that we are not able to elicit all of the information we need to be able to prove the truth or falsity of that, and again, it would be subject to a number of mini trials on that issue of Mr. Dershowitz. So with respect to those thr categories and it also allows them to use the attorney/client privilege as a sword and a shield in the midst of a trial, which is inherently unfair to my client, as well. So in our view, it's highly prejudicial under 403. Those groupings should not come in. It should not be about, for example, Clinton and whether or not he was on an island, or Mr. Dershowitz or these other world leaders, it should be about the defendant and her statements that my client was lying when she claimed to be abused and trafficked in those statements. = THE COURT: Just a second. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011315

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 18 H3VOGIU1 MS. McCAWLEY: Sure: THE COURT: What you just said, could you repeat what you just said? MS. McCAWLEY: Yes. So the statements that Ms. Maxwell denied were statements that my client made that defendant and Epstein trafficked her, brought her in, had her participate in the sexual abuse of her and other females, sh was in that circumstance, she lived that circumstance for a period of time, and so Maxwell came out and called my client a liar, said she was lying about those statements that she made, and said that, obviously, as you know, to the international press about my client and what her experience was with them. So with respect to that, your Honor, those are the categories that we believe would help streamline the case, and again, that those witnesses would be highly prejudicial. On the issue of the information that they'd like to put in with respect to Mr. Clinton, they have Louie Freeh who they've identified. This is a former FBI director. THE COURT: I know. MS. McCAWLEY: You know, yes. So they've put him in without giving us a Rule 26 expert report. He was never disclosed during the time period. His report or what he's going to say, as we understand it, is that he's reviewed th FOIA response and that there's no evidence in his view that Clinton was on this island, again, even though he flew SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011316

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 14 H3VOGIU1 regularly with Mr. Epstein to other places. So again, we didn't get to depose him as an expert in this matter. We didn't know that he was going to be called as an expert. They're saying he's a lay opinion because he's a private investigator, your Honor. The case law says otherwise. He's been certified as an expert in these exact kind of cases. We put those in our brief. So your Honor, he is really a wolf in sheep's clothing. They're trying to put him on as a lay opinion when he's really an expert witness in this case with sufficient and sophisticated knowledge, that the jury will recognize him as someone who has expertise in this area so, your Honor, we believe he should be precluded from testifying. He has no personal knowledge, it's simply his reliance, as we understand it, on the one FOIA response letter. So your Honor, with respect to the FOIA response letter that's at issue that they are going to try to get into vidence, we've put forth in our papers, again, that's a hearsay document. It's highly prejudicial under 403. They say that it meets self-authentication, but unlike the documents that we showed, for example the 302 that have the seal on it, it has none of those qualifications. They cite to two cases, the Zamara case and the Gary case. Both of those involve getting into evidence underlying records that were produced by the government, not a FOIA letter. So what they're trying to produce is a letter that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011317

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 15 H3VOGIU1 says we've looked and we can't find these records that you've requested. Now, it doesn't address the fact that the government only typically retains records for a few years when they were requesting records from 15 years ago, so it doesn't have the indicia of trustworthiness to be able to say that this is actually the fact because, of course, as we know, the government regularly has to get rid of records. So to use this letter to say, 'Ah-hah, he was never on the island,' when we never got to examine him under oath and say, ‘You traveled with him a bunch. Did you also go to the island? My client says she met you there." We didn't get to ask those questions, so we're in a situation now where that letter coming in would be highly prejudicial because the jury will wonder, well, what does he have to say about this? And we haven't been in a position to be able to do that. So your Honor, for all those reasons we believe that Mr. Freeh should b xcluded, the FOIA letter should not come into evidence, and again, we believe that the issue of Mr. Clinton should not be an issue relevant to this trial. Next, your Honor, they also seek to include statements, hearsay statements and newspaper articles about Prince Andrew, and it's actually not his denial, as I understand it, Buckingham Palace's denial of the allegation of my client. But again, Prince Andrew is not on the witness SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011318

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 16 H3VOGIU1 list, we're not able to cross examine him, so what they want to do is introduce triple hearsay of Buckingham Palace saying what Prince Andrews said in a news article without the reporter against my client without our ability to cross examine him on that. So your Honor, they've tried to argue a little bit of a securitous way, I think that it's a verbal act on behalf of Prince Andrew, it doesn't meet that criteria, there's been no statement by there's been no action by my client against him, and what's at issue in this case is, again, Maxwell's statements against my client. The case that they cite actually, the Minemyer case, goes against them. It actually talks about how you would have to call the reporter, that that couldn't come into evidence. And so, your Honor, for those reasons, we believe that, again, that's a distraction, it's highly prejudicial to allow a triple hearsay document like that to come in without our ability to be able to cross examine that individual. So for those reasons, your Honor, we believe that that should not come in. They also made an argument that it's somehow an intervening cause or that, you know, it goes to the issue of she should be seeking damages from Prince Andrew, things of that nature. But as we know, because your Honor reviewed the case law with respect to the summary judgment, each individual is responsible for their own defamation, so it doesn't come SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011319

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 1) H3VOGIU1 into consideration whether she could have sued six people for it, 20 other people for it, this case is about Maxwell and her defamation against my client. So again, your Honor, if you look at Sack on Defamation, it addresses that directly, and we believe that that should not come into evidence. So your Honor, that's the first chunk of the omnibus motion that I was addressing. I'm not sure how you want to take it, if you want to have opposing counsel speak on those issues now and then move to the others, or if you want us to keep moving through it? THI 1a COURT: What's your preference? MS. McCAWLEY: I think keep moving through it would be great. THE COURT: What? Gl MS. McCAWLEY: To keep moving it through it, if that's all right, so we can get through argument and then have them address it? THE, COURT: Sure. MS. McCAWLEY: Thank you, your Honor. MS. SCHULTZ: Your Honor, this is Meredith Schultz for the plaintiff. The next article in the omnibus motion is to exclude testimony references to prior sexual assault. This is an issue that I spoke on yesterday related to another motion regarding the same, so I'll keep it brief. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011320

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 18 H3VOGIU1 But prior sexual assault, all of which occurred while Ms. Giuffre was a child, it's irrelevant to this action. It doesn't come in under 401. It doesn't involve defendant. It predates even meeting defendant. And these assaults do not make it more or less probable that defendant defamed Ms. Giuffre, and neither does it tend to prove or disprove that defendant abused her. These are also classic examples of evidence that should b xcluded under Rule 412. The Rape Shield Law forbids vidence concerning these unrelated events involving Ms. Giuffre. This rule should be strictly enforced, particularly because these events happened when she was 14 and 15 years old. Rule 412(a) bars this evidence if it's offered to prove that she engaged in any type of sexual behavior to prove any type of disposition. It should also b xcluded under Rule 403. This is xtremely prejudicial, and because it is irrelevant, it would only encourage the jury to view Ms. Giuffre, a married mother in her 30s, as an immoral person for having sexual contact with individuals as a child. This should also b xcluded under 608(a), which limits interaction of evidence for specific instances of conduct in order to attack the witness' character for truthfulness. Now, I spoke about this at length yesterday. Defendant tries to offer two particular things to say that, oh, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011321

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 19 H3VOGIU1 she wasn't truthful about something, about being sexually assaulted, but the documents themselves describe something that's unequivocally sexual assault under Florida law, something that is unequivocally nonconsensual. So that would honestly be another mini trial and would take us far afield of what facts are relevant to this case. And again, any minor probative value that's past sexual assault that Ms. Giuffre experienced as a child is completely swallowed by the prejudicial effect on the jury. r MR. CASSELL: Your Honor, I think I'm the next one up. For purposes of clarity, we're up to point number 7 in our omnibus motion. This one I think is just a very simple and straightforward one. We move to exclude derogatory sexual characterizations. This is a case that your Honor has been framing this morning. It doesn't require use of a term from defense counsel, for example, describing our client as a prostitute or as a slut. We thought we would get agreement when we saw the responsive papers from the defense, but as you know, they objected in it's entirety to this motion, so we're here asking that defense counsel not refer to our client as a prostitute, not refer to her as a slut, and they also advise their witnesses that such language would be inappropriate ina federal trial dealing with a defamation issue. On this particular point about prostitute, it's SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011322

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 20 H3VOGIU1 interesting. Am I conjuring up something that's not going to happen? No, your Honor. The defendant's own expert report described our client as a prostitute. Your Honor has under advisement th xpert report from Dr. Esplin, and so I deposed Dr. Esplin, and I said, "Are you sure that's an accurate term in the context of this case? Because we have a child who cannot consent to sexual activities." And he backed off immediately and agreed that that was an inaccurate term for him to use to describe my client, Ms. Giuffre. So even the defense's own expert says the term "prostitute" is inappropriate. Your Honor has authority, of course, under Rule 611 to manage the trial, to avoid undue harassment or embarrassment. Also Rule 403 allows you to restrict things that would be substantially prejudicial with no probative value, which is exactly what we have here. So we would ask you simply to reign in derogatory language, both from witnesses and opposing counsel. MS. SCHULTZ: Your Honor, I'll be addressing the next several points in the omnibus motion, starting with number 8. I think I can narrow this issue a little bit at the outset. Ms. Giuffre concedes here that illegal or nonprescription use of drugs during the years that she was with defendant is admissible. However, any evidence pertaining to any use of drugs, illegal or not, and alcohol from any periods SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011323

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 21 H3VOGIU1 before or after Ms. Giuffre was abused by defendant is irrelevant to this action and should b xcluded under Rul 401. It is also, of course, highly prejudicial and should b xcluded under Rule 403. Whether or not Ms. Giuffre ever used drugs while not being abused by defendant does not go to any claim or defenses in this case. Courts in the Southern District of New York routinely xclud vidence of prior drug use under both of these rules, as fully briefed in the papers. Defendant attempts to admit this evidence of prescription drug use related to damages, specifically whether or not the emotional distress Ms. Giuffre suffered is preexisting. = THE COURT: And why do you have it in your expert's report? MS. SCHULTZ: Well, our expert is -- I'm assuming you're referring to Dr. Kliman, who is a physician. He's a medical doctor. He took a full -- THE COURT: There's a whole thing about it. Are you going to withdraw the -- MS. SCHULTZ: No, your Honor. We're only claiming damages with respect to the emotional distress suffered from the defamation. And also, taking drugs prescribed for various mental health issues is not the same thing as emotional distress. They're two different issues. So any marginal SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011324

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 22 H3VOGIU1 probative value is outweighed by the prejudice. Again, this is only seeking damages based on defendant's defamation. I'm going to move on to point number 9. Ms. Giuffre seeks to exclude any alleged criminal history from coming into this case. And the Federal Rules of Evidence bar the introduction of this evidence, full stop. As the Court is aware, the only way criminal history could come into evidence is through Rule 609, but that rule itself bars this evidence because, one, there's no conviction, and two, the alleged crime does not go to truthfulness. Of the two parties, your Honor, Ms. Giuffre is the only one who has not been convicted of a crime here, this is merely an alleged prior bad act which is excluded under Rul 404. And this alleged act, which Ms. Giuffre denies, does not go to truthfulness, and that's an important point here. An accusation of a crime with no conviction does not go to truthfulness, especially a crime like this, which specifically is defendant says she stole from a tip jar when she was a teenager. Knowing that this type of evidence is excluded, counsel for defendant has put forth an unsupported argument that Ms. Giuffre left the United States because of allegations that she stole from a tip jar. That is, of course, false. She left the United States to get away from defendant's abuse. And moreover, the documentary evidence in this case, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011325

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 23 H3VOGIU1 which has been produced in discovery and submitted to this Court, shows that it was defendant who sent her to Thailand, sending her with handwritten instructions about what to do when she gets there. So if this unsupported argument that defendant left the United States because of some accusation of a tip jar is to be believed, then that makes defendant an accessory after the fact and implicates her in the wrongdoing. So I don't -- basically, there's just -- this argument is also undone by the fact that later, Ms. Giuffre comes back to the United States to live here. She's not fleeing accusations, she was fleeing defendant. If she were worried about criminal liability in the United States, she wouldn't come back to live here. But the overall point is any marginal probative value from these allegations, which I don't think there is any, but it's far vastly outweighed by the prejudice it would cause Ms. Giuffre and should b xcluded under all those rules. Moving now to point 10. Ms. Giuffre has requested that the Court exclude any evidence regarding special schooling, truancy, and juvenile delinquencies. For this argument, your Honor, I request that I approach the bench and give you a few documents upon which these arguments are based. I have four documents that I'm handing up. I have to get a little bit into the weeds here, so please bear with me. In this case, Ms. Giuffre -- well, school SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011326

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 24 H3VOGIU1 records have been part of discovery. They show a history of rampant truancy and failed courses. This constitutes prior bad acts which ar xcluded under Rule 404, particularly since these bad acts do not go to truthfulness, so they're also xcluded under Rule 608. They should also b xcluded because their prejudic that it would cause Ms. Giuffre greatly outweighs any probative value and should b xcluded under 403. There's a huge remoteness issue here, your Honor. These truancies and juvenile delinquencies took place many years ago when she was a minor. There's a lot of case law on this that is in Mr. Giuffre's brief on page 22 to 23. But what you should be aware of, your Honor, is that a close examination of records, looking up what the number codes on these transcripts actually mean, it shows the opposite of the argument that defendant advances in her response brief; that she was in school, and therefore, not abused by her client. To the contrary, the records show that she was not in school over half the time she was supposed to be and did not complete her courses. These transcripts are not self-explanatory. Indeed, looking at the face of them, it seems like she was enrolled and attending school, but much of the information in these records are number codes used by the Palm Beach County School District. These school records could not be placed into evidence for all the reasons above, but if SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011327

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 25 H3VOGIU1 you are inclined to do them, you could not place them into evidence fairly without testimony regarding what all these codes on the transcripts mean, or at a bare minimum, the introduction of evidence and instruction that makes explicit what all the codes on the transcripts mean. Defendant either failed to do her due diligence on this and looked at what the codes are before advancing this argument, but either way, it's not a good faith argument because, as you can see in the document I handed up, these codes and their meanings were detailed at length in Ms. Giuffre's opposition to the motion for summary judgment, and I would ask the Court to refer to the facts at page 32 of the statement of facts. So what the records actually show is rampant truancy, years of absence from school while defendant was abusing her, which show ample opportunity for abuse, and are, in fact, in accord with the flight records, which have also been produced in this case, which place Ms. Giuffre on 23 flights with defendant aboard Jeffrey Epstein's private plane. So as these records actually show truancy, failed grades, failure to complete courses, these should be excluded under all the rules I cited earlier, or at a bare minimum, instruction to the jury about what the codes mean and detailing how many days of school Ms. Giuffre actually attended, a number that is conspicuously absent from defendant's brief. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011328

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 26 H3VOGIU1 Turning next to plaintiff's motion in limine number 11. This is a related issue. We ask that the Court exclude characterizations of Ms. Giuffre's bad behavior during her childhood, including characterizations of her as a bad child or a runaway. Defendant's response to this tries to conflate two separate things; prior bad acts, an assault on her character on one hand, with a reputation for truthfulness of another. Prior bad acts she may have committed as a child, like running away, is inadmissible and a defamation action where the damages relate to her reputation. That she ran away from home or was an ill-behaved child does not go to truthfulness. These events also do not go to her reputation. Her reputation for truthfulness as an adult prior to the defamation is the only reputation that's at issue in this case. Defendant's defamatory statements damaged Ms. Giuffre's reputation when she was in her 30s. This does not open the door into evidence of Ms. Giuffre's generalized character, particularly one from a troubled childhood. Occurrences, such as running away from her home when she was a child, are simply prior bad acts under Rule 404 that should be excluded. They should also b xcluded under Rule 405 because this is introduction of evidence to try to show her character. And Rule 608(a) also limits evidence and testimony about a witness' reputation for having a character for truthfulness or untruthfulness, it doesn't come in under that rule. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011329

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 27 H3VOGIU1 Her reputation for truthfulness does not go to any bad acts she may have committed 20 years ago. And your Honor, even criminal convictions are generally not admissible 10 years after the fact. So presentation of this type of evidence is simply nothing more than a smear campaign, which is prescribed by multiple Federal Rules of Evidence. And finally, any marginal probative value of these bad acts as a child is vastly outweighed by the undue prejudice it would cause Ms. Giuffre before a jury. Your Honor, now I'm turning to point number 12. We've asked the Court to exclud vidence relating to the tax compliance of Ms. Giuffre's not-for-profit Victims Refuse Silence. Rule 401 is the first rule under which this should be excluded. The alleged tax compliance of her not-for-profit does not go to whether or not defendant defamed Ms. Giuffre and does not go to whether or not defendant abused Ms. Giuffre. It should also b xcluded under 403. It is highly prejudicial. It would give the wrong impression to the jury that Ms. Giuffre's organization is not tax compliant, which, in fact, it is a fact that defendant does not acknowledge in her briefing. Proving whether or not Ms. Giuffre's not-for-profit is tax compliant would also be a mini trial and, frankly, a sideshow to this case. Furthermore, all of defendant's conclusions about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011330

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 28 H3VOGIU1 Ms. Giuffre's not-for-profit tax compliance are based on an errant report by her purported expert, an expert who should be excluded from testifying because his report lacked methodology and he opined on topics far afield from his expertise. Second, any allegations that her not-for-profit is not tax compliant is prejudicial, misleading, confusing to the jury because it has nothing to do with the claim at issue in this case. Your Honor, we asked for defendant's tax returns in this case. If they go to truthfulness, as defendant argues, they also go to defendant's truthfulness. At this point, we're not going to get them until the first day of trial, so we will not be able to effectively cross examine defendant on those tax returns, and we won't be able to s until then if she's paid taxes on all the money and gifts and in-kind payments from Epstein that she's received or has kept that away from the government. Unlike Ms. Giuffre's tax information, defendant's tax information goes to our case in chief and is relevant evidence. On point number 13, we move to exclud videnc relating to Ms. Giuffre's alleged tax compliance. Your Honor, this is a defamation action where reputation is at issue. Tax compliance does not go to a reputation, it is a private matter. Second, there is no evidence in this case that any government, ither United States or Australia, believes that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011331

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 29 H3VOGIU1 she is noncompliant with her taxes. Defendant's purported expert's evaluation of this is wholly flawed, as explained in Ms. Giuffre's motion in limine on the same. Similarly, Ms. Giuffre's taxes are wholly irrelevant to this case. Even actions brought by the government, your Honor, where the cause of action is centered on nontax complianc xclud vidence of prior tax noncompliance when it takes the case too far afield of the issue being tried. Courts also exclude this evidence under 403 if there's no substantial nexus between the alleged tax noncompliance and the matter at hand. Here, defendant fails to show any type of substantial nexus to this defamation claim. None whatsoever. Additionally, resolving Ms. Giuffre's tax compliance, this is a point that's in dispute among the parties, and resolving such an issue would also involve another mini trial where Ms. Giuffre would put on evidence of her tax compliance and, at the end of that mini trial, the jury would have no more information whether or not defendant defamed Ms. Giuffre when she called her a liar about being sexually abused. Trying to make this an issue, this is simply a device for putting the settlement agreement and the amount between Ms. Giuffre and Jeffrey Epstein into evidence. As has been briefed extensively, such a settlement payment is tax exempt under the United States law, but that's all this is, it's a device to try to get an improper admission SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011332

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 30) H3VOGIU1 of a settlement amount between Ms. Giuffre and Jeffrey Epstein. Accordingly, this should be completely excluded because any marginal probative value this has on the claims is greatly outweighed by the prejudice to Ms. Giuffre. IT am not up for the next one, so I'm going to take a break. Thank you. MR. CASSELL: Again, your Honor, I'm up to number 14 now, the issue of Ms. Giuffre's being a victim of domestic violence. This is not relevant or minimally relevant. It's Ms. Giuffre's burden, of course, to show the emotional distress damages that she suffered as a result of Ms. Maxwell's defamatory statement, and the jury can agree or disagree with whether she's carried her burden of proof. If we understand the defendant's argument correctly, they say, well, this would have been a distressing event in your life and, therefore, we should be free to introduce it in front of the jury. Of course, that argument would allow, if accepted, essentially any bad thing that's happened in any plaintiff's life to be introduced if they seek emotional distress damages because, my goodness, this event here or there had some emotionally distressing effect on you. So it has minimal to low probative value, and the prejudice is very substantial. Your Honor, obviously, has a great deal of experience and are well aware of the domestic violence, blame the victim SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011333

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 31 H3VOGIU1 attitude that has to be confronted in various cases. Frequently, if there's domestic violence that's at issue, an expert witness comes in to explain to the jury, oh, why didn't she leave? Why did she stay with this fellow who was beating her up? She was free to walk out of the relationship. Why didn't she do so? And there is a whole literature that I know your Honor is familiar with and that we cited in our brief, as well. We don't want to get into that in front of the jury in this particular case. This is a blame the victim tactic that shouldn't be allowed. This has very marginal, if any, probative value and a very significant prejudicial effect because the jury will potentially blame the victim for staying with her abusive spouse. Now, in addition, you'll notice from the pleading that the defendants aren't intent just on asking questions about this, but they also want to go into the whole criminal case against Ms. Giuffre's husband, you know, whether he appeared or what the felony charges are and a variety of things. That, obviously, has even less probative value than the information I was discussing a moment ago and should be independently excluded. The next issue up is item 15. And here, we ask to have excluded any suggestions that sex with a 17-year-old is permissible. You will recall that there's debate about exactly SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011334

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 32 H3VOGIU1 what years and what birthdays were in play and exactly what Ms. Giuffre said about whether she was 15, 16, or 17. Fair enough. They can cross examine her about, 'Did you say 16 when you were, in fact, 17,' or whatever it is. We're not trying to exclude that. The limited point that we're trying to address here is that they shouldn't say, 'Ah-hah, she was 17, therefore, she's fair game.' Under Florida law that we've cited in our pleadings, there is no possibility of a child under the age of 18 consenting to sexual activities of the nature that are at issue here, and therefore, the defendant should be precluded from making that kind of suggestion. And so that's item 15. MS. SCHULTZ: Turning to item 16 in the omnibus motion. Ms. Giuffre has moved the Court to exclude medical records. Here, I would actually like to direct the Court's attention to defendant's response. Defendant here does not cite a single case where a court allowed admission of unrelated and irrelevant medical records into evidence at trial. Defendant's brief also doesn't show how any medical records are relevant here, and there are privacy issues at stake. In fact, defendant does not cite to a single case in which a court allows any medical records into evidence. In defendant's entire response she cites two cases only. Neither of them have anything to do with what documents SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011335

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 38 H3VOGIU1 might be admitted at trial. Both are orders resolving discovery disputes under Rule 26. Apart from her medical records, while defendant was abusing her, such as when defendant took her to a hospital here in New York when she was only 17, and the psychological records related to Ms. Giuffre, which have been produced, which incidentally are from 2011 and name defendant as her abuser, no other medical records are relevant and should b xcluded under Rule 401. Ms. Giuffre is seeking damages for emotional distress from defamation. It does not open up the flood gates to every single medical issue she's ever had in her life. Ms. Giuffre has produced records, everything from treatment for a ferret bite to details of her giving birth. These are not relevant, and we can have a ruling in advance of trial that these things should be excluded. Defendant only seeks to use these records to confuse the issues before the jury. Defendant offers no reason for addressing the relevance of such documents one by one at trial, and I think these can be safely excluded at this juncture. MS. McCAWLEY: Your Honor, next is number 17, which we addressed in our papers, as well, about the prior settlement agreement. You've heard about it in this case, and we have said that that should not come into evidence. I think they'd like to use it to propose that that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011336

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 34 H3VOGIU1 amount has something that the jury should consider. Your Honor, the papers set forth very clearly that there's a specific rule of evidence directly on point with respect to settlement agreements, and they can't be used in that manner. Your Honor, we cite to our papers on that with respect to any prior settlement agreement being entered into evidence ae ‘the teal. MR. CASSELL: I believe I have the next three. Item 18 then is defamation litigation. And your Honor is aware that there was a separate lawsuit that's spun out of this situation where Cassell and Edwards filed a defamation action in Florida State Court against Alan Dershowitz. Alan Dershowitz then counterclaimed. That was litigated in Florida State Court for about a year. Ultimately, the parties settled their differences in an undisclosed financial arrangements and, as part of the comprehensive settlement, Cassell and Edwards then withdraw summary judgment against Dershowitz. It was as expressly understood when the parties agreed upon this confidential settlement, there was then a statement in which it was said that Ms. Giuffre reaffirms her allegations, and the withdrawal of the reference to the filings is not intended to be and should not be construed as being an acknowledgment by Edwards and Cassell that the allegations made by Ms. Giuffre were mistaken. There was a portion of the statement that talked about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011337

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 35 H3VOGIU1 "mistake", and that was indicated in the pleading withdrawing Ww the summary judgment motion as follows: Edwards and Cassell do acknowledge that the public filing in the Crime Victims Rights Act case of the client's allegations against Defendant Dershowitz became a major distraction from the merits of the well-founded Crime Victims Rights Act case by causing delay and, as a consequence, turned out to be a tactical mistake." "Tactical mistake." "For that reason Edwards and Cassell have chosen to withdraw the referenced filing as a condition of the SerteLement ." That's all a very interesting lawsuit, but that's a lawsuit that does not have Ms. Giuffre as a party. It was Cassell and Edwards versus Alan Dershowitz, with claims going back and forth. Cassell and Edwards were, of course, vindicating their own professional interests and their professional reputation responding to the attacks that had been made by Mr. Dershowitz, and they chose to settle the case, as did Mr. Dershowitz, for undisclosed financial reasons. And also, from the fact I think your Honor is now aware, that there were some witnesses who were not available. Sarah Ransome has come forward in this case to say that she was a traffic to Alan Dershowitz in the same way that Ms. Giuffre alleges, and that was information that has only recently become available. The point is, you have enough business on your hands SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011338

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 36 H3VOGIU1 without getting into the details of another separate lawsuit that did not involve Ms. Giuffre as a party, and so we've moved in limine. And let me make clear that I emphasize the narrowness of our motion here. We seek to preclud vidence involving that litigation. Your Honor has already heard from my colleague, Ms. McCawley, who has presented our argument for why Dershowitz should not be in this case at all, and of course, if we prevail on point 1, this point becomes irrelevant. But in addition to point 1, we don't need to be getting into the details of the separate lawsuit. It's not relevant to the case of Giuffre versus Maxwell. Defendants, in their responsive brief, if I understand correctly what they say is, oh, well look. Why didn't Ms. Giuffre join the lawsuit or why hasn't she filed a lawsuit against Dershowitz? What's going on there? Well, of course, your Honor is aware, there are a variety of statutes of limitation around the country, and indeed around the world. Ms. Giuffre has not -—- those statutes have not all run at this point. There are varying considerations that go into whether or not someone like Ms. Giuffre would file a lawsuit, and these issues shouldn't be discussed in front of the jury. That's nothing to do with this particular lawsuit. Moreover, defendant apparently argues that statements SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011339

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 Sih H3VOGIU1 that Edwards and Cassell made in this other lawsuit are somehow binding on Ms. Giuffre. Edwards and Cassell had separate legal counsel, Florida attorney Jack Scarola. Whatever was going on in that case isn't binding on Ms. Giuffre. Under the relevant rules, an attorney's statements are binding on a client only on a matter within the scope of the relationship. And this was vindicating separate professional interests, this was not vindicating some interest of Ms. Giuttre. So for all those reasons, we ask that the defamation litigation between Dershowitz and Edwards and Cassell be excluded. Of course, you have the separate issue of Dershowitz in front of you already. Let me turn then to point number 19. Here again, we have a narrow issue presented to your Honor. We are asking that you exclude Judge Marra's ruling on the joinder motion. As your Honor is well aware, the triggering event in this case was when Ms. Giuffre, then known as Jane Doe Number 3, filed a motion to join Jane Doe 1 and Jane Doe 2 in the Florida pro bono Crime Victims Rights action. Now, Judge Marra denied that motion to join, but at the same time he said, "The reason I'm denying the motion to join is you can participate in the case in other ways without being a formal party." He cited, and I quote, "Of course, Jane Doe 3 can participate in this litigated effort to vindicate the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011340

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 38 H3VOGIU1 rights of similarly situated victims" -- THE COURT: I'm familiar with it. MR. CASSELL: Okay. Right. So that's Judge Marra's ruling. And you understand that was obviously on a technical jJoinder issue. The joinder issue, whether that was a good joinder motion or a bad motion, has nothing to do with whether or not Ms. Giuffre was defamed. THE COURT: How do you propose to handle the joinder motion evidentially? MR. CASSELL: Right. We think the joinder motion should simply come into evidence as the pleading to which Ms. Giuffre -- I'm sorry -- Ms. Maxwell was responding. 7 THE. COURT: Lock, stock, and barrel? MR. CASSELL: So we are obviously waiting for guidance from your Honor. For example, if you say, look, Dershowitz, let's just not get into that, that's -- THI ir] COURT: That didn't answer my question. Please. MR. CASSELL: I apologize. THE COURT: You talk about many trials, many arguments. You want to put in the entire motion? MR. CASSELL: Yes, unless your Honor -- I want to be direct here. Yes. However, if you say, look, Dershowitz isn't coming into this case, there are some allegations about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011341

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 39 H3VOGIU1 Dershowitz that we would then believe, in light of your ruling, should be redacted. But until we have any rulings from your Honor restricting the case, it's our position that all -- THE COURT: But you don't have an edited version of the intervention motion that you would like me to consider. 7) MR. CASSELL: We would propose one once we get rulings from your Honor on the motions in limine. = THE COURT: By the way, just parenthetically, folks, these motions in limine are good fun, and we're all having a nice time, but they're not binding. I mean by that, I'm expressing my view, or I will, I hope, some day express my view on these issues, but the trial may turn in a different direction and, you know, who knows. Okay. r, MR. CASSELL: We understand. And one of the reasons we have not proposed a redacted joinder motion, that showed up in a reply brief from the defendant, we didn't move to file a surreply with a possible motion. We think the best way to proceed, and we're happy to get guidance from your Honor, but once we have rulings from you on what's in the case and what's out, then we might go through the joinder motion. But where we're sitting today, the joinder motion goes in in its entirety. But what does not come in is then, all right, that's a legal pleading. Gee, I wonder what happened. Judge Marra made a ruling, we don't need to get into the details of that ruling. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011342

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 40 H3VOGIU1 Of course, we would want to explain that there were nine separate reasons why those allegations were included. Judge Marra referred to the first of the nine reasons. We have eight other additional reasons why those were included. It would essentially, again, be a mini trial about, well, what does a joinder motion mean? Did you file under Rule 15? It should have been under Rule 21. What did the judge do? It has no bearing at all on the issues in the case, and it, of course, has very substantial prejudicial effect because it leads to a confusion of the jury. The jury's trying to figure out, well, what's going on in the Crime Victims Rights Act case when the issue is whether or not Ms. Giuffre defamed. Now, there is an issue in their pleadings. They say, well, this could end up being relevant because there might be some kind of a privileged setting issue. Again, I think your Honor correctly was pointing out a moment ago, if things show up in the trial, it's possible that something could change, but we don't anticipate that becoming an issue in the trial at this point. If the issue of whether this was a privileged setting somehow becomes an issue in the case, then it would be time to revisit that during the trial. In any event, issues of whether this was a privileged setting or not aren't litigated in front of the jury, that's a legal issue for your Honor to determine whether the setting was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011343

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 41 H3VOGIU1 or was not privileged. We don't take jury evidence on that, you know, Judge Marra's ruling, and therefore, that should be excluded. So that is item number 19. Let me turn then to item 20, and I'm handling that. This is essentially a hearsay exercise. We want information to b xcluded regarding Rebecca Boylan. Why? Because Rebecca Boylan has not been deposed and is not going to be a witness in the case. As we understand what the defendant is planning to do, she's planning to call Mr. Dershowitz. Mr. Dershowitz is going to say Ms. Boylan told him that Ms. Giuffre told him something, and so we have the classic hearsay within a hearsay situation. The problem, of course, is that Boylan is not here. The defendant's pleadings say, ah-hah, but this is an admission by Ms. Giuffre, and it would be if Ms. Boylan were on the stand so we could ask her questions about, well, did Ms. Giuffre really say that? And what did she mean? And wasn't she saying that she's been abused by Ms. Maxwell? But they want to skip over that intermediate stuff, have Dershowitz describe what Boylan describes Ms. Giuffre said, and that's obviously -- and then I'm assuming Dershowitz is going to put his spin on what Ms. Boylan allegedly said to him. There are no set of circumstances in which that hearsay within hearsay could be admissible because Ms. Boylan has not been deposed, and is not here, it's rank multiple hearsay. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011344

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 42 H3VOGIU1 IT am about done at this point. With regard to the remaining issues, you'll be happy to hear that I think things can be sped up. We believe that these issues should simply be, as your Honors I think was suggesting a moment ago, deferred to trial. Items 21, 22, 23, 24, 25, 26, 27, 28, and 29, those were sort of just kind of protective measures. The one footnote or caveat we would add to that, your Honor. We think this gets punted to the trial, but we would simply ask your Honor to direct defense counsel before they let the cat out of the bag on any of these that there be a sidebar or hearing outside of the jury just so that, you know, our motion in limine doesn't become moot because they've already effectively put it in front of the jury. The one that's of particular concern is alleged bad acts by the defense team. At various points, I think your Honor, unfortunately, has seen some, you know, frankly aggressive language directed to the plaintiff's team here by the defense team. We're prepared to respond to each and every one of those allegations. We've tried not to get into the back and forth because we think it's irrelevant. But if there was to be some kind of an attack launched on any of the members of the Boies Schiller Firm, of Brad Edwards, myself, we would ask that we be given leave to address that at sidebar, in-camera, or outside the presence of the jury SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011345

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 43 H3VOGIU1 so that we can keep the fact that we have done something bad that should then be held against our client away from the jury. But all these remaining things we are in agreement, I think with the suggestion you were perhaps making a moment ago, we can deal with these issues at trial. That's our omnibus motion in limine, your Honor. THE COURT: Thank you. MS. MENNINGER: The omnibus motion reads like a list of everything plaintiff has lied about or anything that would undercut her claim for damages. Plaintiff quoted Passim in her reply brief froma particular federal evidence treatise, and I would like to tell the Court, she left out the most important parts, and that is the ones that relate to 405(b). As that treatise reads, "Character is an element of a defense in a defamation case if the defending party claims that the statements in question are true and seeks to prove that the plaintiff has the character ascribed to her or to reduce damages by showing that her reputation is so bad the statement did no harm. "In such cases, pursuant to Rule 405, all forms of character evidence are admissible wherever relevant, including opinion, reputation, and specific instances of conduct." As your Honor found in our motion to dismiss ruling of February 29th of last year, "Though defendant never called SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011346

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 44 H3VOGIU1 plaintiff a liar, to call her claims obvious lies that have been shown to be untrue demands the same meaning. Plaintiff cannot be making claims shown to be untrue that are obvious lies without being a liar." Ms. Maxwell has stated in her answer after that that her statement was true; that is, plaintiff is a liar. She is thus entitled by Rule 405 to introduce all forms of character evidence, including specific instances of conduct, opinion, and reputation. What does that evidence look like? Plaintiff's mother described her as a liar, plaintiff's fiance described her as a liar, plaintiff's employer from 2002 described her as a liar. Your Honor, I would like to start with the first one that plaintiff started with, and that is motion in limine 2, which is Bill. Clinton being on the island. Ms. Maxwell is going to testify at this trial, and she's going to testify regarding the obvious lies that plaintiff told her. One story that plaintiff has told is that Ms. Maxwell was on the island with Bill Clinton and herself at a dinner party. If I may approach, your Honor? I have three exhibits. Two for now. THE COURT: I think in duplicate, to the extent that I think. MS. MENNINGER: I'd like to first direct the Court's attention to the news article by -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011347

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 45 H3VOGIU1 THE COURT: I've read it. 1a MS. MENNINGER: -- Sharon Churcher. THE COURT: Yes, I've read it. MS. MENNINGER: Okay. It's the one in which Ms. Giuffre, on March 5th, 2011, gave a long and lengthy interview to Sharon Churcher describing her experience on the island with Bill Clinton, with Al Gore, with Al Gore's wife, with all kinds of famous people. And the island event featur large and media coverage. If you notice the date of that article, your Honor, it's March 5th, 2011. The next document I provided is a press statement issued by Ghislaine Maxwell on March 10th, 2011, so five days later, in which she writes, care of her attorneys, "Ghislaine Maxwell denies the various allegations about her that have appeared recently in the media. These allegations are all entirely false." Your Honor, the last document I would like to direct your attention to -- by the way, after Ms. Maxwell published this press release, Virginia Roberts did not sue her, she did not claim that she had been emotionally distressed or injured by being called, essentially, a liar in this particular press release. And also, with respect to the Bill Clinton article, your Honor, the evidence at trial will show a substantial number of emails between Virginia Roberts and Ms. Churcher contemporaneous with this article. In none of them does she SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011348

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 46 H3VOGIU1 say, 'You got it wrong. I never saw Ghislaine Maxwell ona ' she helicopter with Bill Clinton. I never said that to you, did none of that. So your Honor, the last document, and it really, I think, actually helps clarify the question your Honor raised when you came out to court this morning, is an email. It's an email from Ghislaine Maxwell to Alan Dershowitz, January 6, 2015, and it has a document attached called "Four Press Complaints". Your Honor will notice that this document is not marked confidential, it was produced by Ms. Maxwell over a year ago, it is marked Ghislaine Maxwell 0006, and it's a communication between herself and Alan Dershowitz, someone with whom she does not have a joint defense agreement, and that's why she produced this email. Your Honor, this email, as you can tell from the date, was sent four days after the allegedly defamatory statement at issue. It reflects Ms. Maxwell's dossier of all of the statements from the papers that have been shown to be completely untrue or show inconsistency in her story. Each article is listed so you can find that link that references th lies are inconsistencies. Your Honor, if you look at this document that was sent just a few days after the January 2nd email, and you turn to page 3, which is actually the attached document, "Four Press SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011349

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 47] H3VOGIU1 Complaints", because Ms. Maxwell says she's preparing a press complaint in the UK, in other words a legal action, the third page, your Honor, is the document that was attached that was produced over a year ago. How this document reads at the top, "Drafted by Ms. Maxwell. I have copied direct lines and quotes from articles, and my comments are in orange after the quote. Th relevant article that the quotes came from is listed below the last quote. Below, I think, are some of the irrefutable contradictions and interesting additional details that can be used in the letter to the mail and in the following press complaints. In addition, this article on Rothstein you may find helpful. "What is the number one lie that Ms. Maxwell points to? Number 1. Bill Clinton identified in lawsuit against his former friend and pedophile Jeffrey Epstein who had regular ongres...™ And then Ms. Maxwell's commentary directly afterwards, in a quotation, "Huge problem is that Clinton never came to the island." Your Honor, in plaintiff's respons xcuse m reply brief, they claim Ms. Maxwell had no knowledge in early January, 2015 that Bill Clinton had never been to the island. Obviously, she had knowledge of that because she was claimed to have been there with him and claimed to have flown on a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011350

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 48 H3VOGIU1 helicopter with him by plaintiff in her Sharon Churcher published articles. And here, in January of 2015, Ms. Maxwell is saying he was never on the island. It doesn't depend on Louie Freeh or anybody else. That's obviously -- in this particular email, your Honor, she's cataloged all of the changed stories of Virginia Roberts, all of the lies Virginia Roberts has told, all of the different news articles in which those lies were told, and said that this is going to be the basis of her press complaint in the UK. Likewise, on the next page, your Honor, GM009, at the bottom, again, she specifically refutes the claims about Bill Clinton being on the island and says, "He was never there." Right after that, she says, "Virginia discussed that Al Gore and his wife Tipper were also guests on the island." And Ms. Maxwell writes, "They have also never been on the island, and I don't believe they even know Jeffrey Epstein." So when the jury is asked to consider what Ms. Maxwell meant when she issued, through her attorney and her press agent, the January 2nd, 2015 statement, we have a contemporaneous document drafted by her that was produced in discovery a year ago. None of it refers to the Jane Doe 102 complaint, none of it refers to the CVRA joinder motion. None of it. It refers simply to press allegations that have been floating around about her and about her involvement with SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011351

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 49 H3VOGIU1 Jeffrey Epstein and Virginia Roberts. Plaintiff's counsel has said statements made in the newspaper articles are hearsay. That is often true, but when it's plaintiff's statement in a news article, it's calleda party admission. Plaintiff complains that she didn't have the opportunity to depose President Clinton. Your Honor, plaintiff's counsel sought to depose President Clinton in their reply brief at the end of June, 2016, about a week before discovery was to close. They didn't even mention it in their opening brief, they raised it in docket number 211. In that request, which I didn't have an opportunity to object to because it came in reply, she said she wanted to depose him to, "establish his close personal relationship with Epstein", she said nothing about wanting to s whether he had been on the island, whether he flew in a helicopter, or anything like that. With regard to Louie Freeh, your Honor, we disclosed him as a witness in our Rule 26 disclosures last March -- xcuse m February of 2016. Plaintiff made no effort to try to depose him, made no effort to find out his basis of knowledge. We produced in discovery his report in which he submitted a FOIA request. Yesterday, you will recall Ms. McCawley testifying about how she, herself, issued a FOIA request and got in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011352

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 50 H3VOGIU1 response an FBI 302 motion xcuse m statement of -- she claims is authentic, but she doesn't know how it was redacted, doesn't explain how it's redacted, but she wants to admit that into evidence. We are actually offering to put on the stand the person who submitted the FOIA request to explain what was requested and what was received. That is not expert testimony, your Honor, that's chain of custody. With regard to motion in limine number 5, evidence of denials by Prince Andrew and Buckingham Palace. Again, your Honor, in a defamation case -- and I'm now quoting from plaintiff's treatise that they cited throughout their response and their reply xcuse m "In defamation cases, defendants can also prove that other liables and rumors about the claimant are circulating, at least if they are widespread, to demonstrate that it is not what the defendant said about the plaintiff that causes her reputation to suffer but what others said." Plaintiff also cites Sack of Defamation. He supports our position, your Honor. Here, we have a statement by Buckingham Palace that was issued on the internet and widely circulated. There is also a videotape of Prince Andrew denying Virginia Roberts' claims. Both of those were far more circulated than anything Ms. Maxwell said, as evidenced by the fact that plaintiff can't even find Ms. Maxwell's statement on SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011353

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 51 H3VOGIU1 the internet anywhere quoted in whole. Also, Alan Dershowitz widely circulated his denials of plaintiff's claims. He was on Good Morning America, he was on CNN's Nancy Grace Show, he was on Fox News. All of those places he called Virginia Roberts a liar, and a serial liar, and other things. We ar ntitled, your Honor, both through cross examination of plaintiff as well as cross examination of her experts, to challenge whether or not anything said by Ms. Maxwell caused damage to her reputation or whether other people calling her a liar on national news and international news is, in fact, the cause of any damage to her reputation. She is the one, of course, who has put her reputation at issue. Having the Duke of York and Buckingham Palace issue denials is not hearsay, your Honor, it is offered for the fact that the denial was widely circulated and very likely contributed to people considering plaintiff to be a liar. Motion in limine number 6, plaintiff's sexual history and reputation. This salient point, your Honor, of course, again, under 405(b), is that once you have put your reputation for being a liar in question, then other specific instances of false claims become highly relevant and probative of your character for truthfulness, particularly with regard to sexual assault and sexual abuse. Furthermore, your Honor, plaintiff is the one who's SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011354

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 52 H3VOGIU1 claiming she has damages of post-traumatic stress disorder, and she is the one who is going to call to the stand her psychiatrist to talk about that patient, and she is the one that gave him evidence about these other acts to him and on which he has relied in reaching his conclusions. It is impossible for us to not be able to cross examine her expert about preexisting PTSD caused by incidents and events unrelated to Ms. Maxwell. Motion in limine number 7, whether or not Ms. Giuffre can be called a prostitute. Your Honor, no one in this case, no counsel, nobody that I'm aware of involved with the litigation has referred to Virginia Giuffre as a slut. That is something that plaintiff's counsel has brought up, and you will notice there is absolutely no cite in any record, in any document referring to her as such. What has come up, your Honor, are internet sites in which Ms. Giuffre has been called all kinds of things that are unrelated to Ms. Maxwell, that do not cite Ms. Maxwell. For xample, her friends gave interviews to the press in which they described -- and this is attached as my Exhibit L -- described Virginia Giuffre as "a money hungry sex kitten who enjoyed her 23 24 25 lavish lifestyle". We cannot talk about plaintiff's reputation on the internet without talking about what is out there on the internet. We cannot cross examine her or cross examine her experts about what her reputation is if we can't ask about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011355

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 53 H3VOGIU1 these other things that are circulating about her that have nothing to do with Ms. Maxwell. Mr. Cassell referred to our expert Phillip Esplin, Dr. Esplin, and saying that he agreed not to refer to Virginia Roberts as a prostitute. Your Honor, that came up in the context of a cross examination in which he said he has no idea whether any of her claims are credible or not. He does not believe it's within the province of the psychiatrist to be making credibility determinations. So he was not in any way suggesting, in fact he testified for hours to the contrary, that he knows whether her claims of being a prostitute are true or not true, and he agreed not to talk about. The only context in which I think this comes up, your Honor, are witnesses or people on the internet who have made disparaging remarks about the plaintiff that have to be the subject of her reputation and her request for damages that she says are related to Ms. Maxwell. Plaintiff's drug abuse, motion in limine number 8. They have conceded, as they must, that the period of time about which Ms. Giuffre is testifying is fair game for her discussion of all of her illegal drug use. And it wasn't just prescription drugs, she has testified that she was on a number of different drugs at the time, and that because of those drugs, her memory of events from 2000 are, quote/unquote, foggy. And she says that's one of the reasons she can't SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011356

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 54 H3VOGIU1 remember the names of the foreign presidents that she was trafficked to, and these other famous people, because she was taking so many drugs she just can't remember. Obviously, your Honor, a witness' ability to perceive and recall and relate events that happened a long time ago that were affected by drug use need to be brought to light before the jury. The second issue, your Honor, relates to the use of prescription medication. What you heard plaintiff say is they would like to introduce evidence that she's taking prescription drugs properly, but they want to exclude us from cross examining her about that to see whether or not she was taking prescription drugs improperly. That's called cross examination, your Honor. Her use of prescription drugs has been well-documented in her doctor's records, and she has made false statements to her doctors regarding her need for prescription drugs. She's gone from one doctor to the next, telling one that she hasn't taken any Valium for years, and then the next on and then we have the records showing that that's just not true. She's told doctors that she was stressed out about a big litigation in New York, she told a doctor that in the year 2014, this lawsuit wasn't filed until 2015, so she's made statements to doctors that are inaccurate. Your Honor, her statements reflected in her medical SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011357

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 55 H3VOGIU1 records may or may not be admissible depending on what she says on the stand, but they are her statements and they are, therefore, potentially admissible as admissions of a party opponent under 801(d) (2). Moreover, her doctor is the one who wants to testify about her need for medications going forward, and he has been the one who's talked about her previous use of medications. Her Colorado doctor testified that she had misled him and not fully disclosed her need for prescription medications, and there's also the question about whether or not, if she opens the door and says she's properly used medications for post-traumatic stress disorder, then we should be able to examine her, not only with respect to that, but her other use of prescription and illegal drugs. And your Honor, I think it is inappropriately limiting to say we can only talk about her use of drugs during the period of '99 to 2002 because any drug use that she has used in the meantime can go to establish whether or not she truly had post-traumatic stress disorder or any other mental health disorder. She has filed a lawsuit asking for $30 million in emotional distress, pain and suffering, and her doctor is going to testify that she needs medications as a part of managing that pain and stress and emotional distress. If she's been using drugs in the interim that may affect her memory, if she's SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011358

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 56 H3VOGIU1 using drugs now that may affect her memory, or if she's inappropriately used drugs in the meantime, all of that would go to whether or not she truly has the emotional distress that she claims. Motion in limine 9, plaintiff's criminal history. If I understand plaintiff's argument, they do not want her to be cross examined either under 608(b) or 405(b) with regard to a specific instance of dishonesty; that is, her theft from her employer. There are legions of cases, your Honor, that find theft to be a crime of dishonesty and admissible for proof of character of dishonesty. Not only, your Honor, did she get charged by the authorities in Florida with this crime of theft from her employer, an arrest warrant was issued for her, that arrest warrant was outstanding at the time she, quote/unquote, fled to Thailand. That arrest warrant remained outstanding until the year, I think 2009 or 2010, when it was quashed. Plaintiff failed to come back to this country during that entire time. It got quashed because it had been such a long passage of time. THE COURT: Who was the employer? MS. MENNINGER: It was the Roadhouse Grill, your Honor. It was a burger joint. And she was working at that Roadhouse Grill in March of 2002 during the period of time she claims that she was a sex slave. She claimed that she was a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011359

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 57 H3VOGIU1 sex slave, that she was getting paid wads of cash, thousands of dollars by Jeffrey Epstein, and this was happening 24/7. And we asked in discovery, and we got a bunch of records, not only of her working at the Roadhouse Grill, but also of her working at a bunch of other restaurants, at a veterinarian's office, all kinds of things during the period of time that she says she was a -- what is commonly known as a sex slave, is how she described it in her papers. Your Honor, she compounded the lie about the theft because she wrote a book manuscript, as you know. And in that book manuscript, she describes that it was not her who took the money from the tip jar, it was her boyfriend, Tony Figueroa, and that's also what she testified during her deposition. She said, for example, that she didn't commit the theft, that he came in at the end of her shift, and while she wasn't looking, he's the one that took the tips. Well, we deposed Tony Figueroa, and Tony Figueroa, your Honor might be surprised to hear, is a gentleman with several felonies to his name, which he gladly recounted on the witness stand on videotape. He talked about all the thefts he has committed, thefts from a video store, he was charged with felonies, he was put on probation for ten years, he recently had gotten out, but he actually denied that he was the one who took the money from the tip jar. So there's the lie, there's the tip jar theft, then SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011360

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 58 H3VOGIU1 there's the lie about the tip jar theft, and then there is the arrest warrant that was issued that plaintiff left the country for over a decade while that arrest warrant was outstanding. Your Honor, the fact of police contacts during this timeframe, including this one, go directly to other issues, including whether or not plaintiff was truly the sex slave that she describes. She had an opportunity, because she called th police on numbers of occasions during the relevant time period she called them to report a theft, she called them to help with a civil assist getting her out of her apartment, she called them for all kinds of reasons -- and at none of those points of time did she tell the police that she was currently then a, quote/unquote, sex slave. Your Honor, the Roadhouse Grill also -—- the Mail On Sunday is the one who printed a story about the Roadhouse Grill and confronted her aunt who was being interviewed for one of their stories about it. The aunt was in the process of saying what a great niece she had, and then the news asked her about the Roadhouse Grill theft, and she said, "Wow, I didn't even know that she was working in a burger joint." So it goes to her internet reputation. And finally, your Honor, I think if you look back to that email between our client and Mr. Dershowitz on page GMOO09, it's one of the lies that our client specifically referred to. She quotes Virginia Giuffre's statement, "Jeffrey bought me SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011361

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 59 H3VOGIU1 jewelry, diamonds were his favorite, and wonderful furniture. He was paying me very well because I'd give him sex whenever h wanted," to which our client responded, "If he was paying her so well, why steal from her burger job in 2002?" So it's within our client's knowledge on January 6, 2015, and that is an additional reason why it should be admitted going to her state of mind or actual malice, as plaintiff likes to call it. Your Honor, with respect to the school records, the school records are what they are. They explain that she was in school during th ntire time she claims that she was a sex slave, it gives her numbers of days of attendance, I don't understand why those records wouldn't be admitted in cross examination of her as to her whereabouts at certain occasions. Plaintiff certainly intends to introduce flight logs to show that she was or wasn't in certain places, so school records show where she was and wasn't on certain dates, and that's important, your Honor. Moreover, plaintiff is the one who told Sharon Churcher about her own problems with school. She told Sharon Churcher, and Sharon Churcher published with her authorization that she went back to school to get her GED, and she wanted to study for massage. She talked about dropping out of school. Police records reflect the fact that she was a truant during this period of time, that her mother was concerned about her abusing drugs and alcohol. The school records intimately SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011362

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 60 H3VOGIU1 intersect with the entire story that plaintiff has told about being a sex slave in the years 1999 to 2002. Also, your Honor, they go to damages because plaintiff has claimed that she should be entitled to a certain amount of damages, and her own experts have talked about her being a troubled child. Again, this is something that they told their psychiatric expert, and he relied on finding that she was a troubled child, and then he's made inferences from there about why she should be entitled to certain damages, and I think the school records are a fair game for cross examination of him. Motion in limine number 11, her bad childhood behavior. Again, your Honor, this is exactly -- plaintiff went in to see the psychiatrist, went in to see hers and our independent medical examiner, and in both cases she described all of her, quote/unquote, bad childhood behavior. So it goes to her damages, your Honor. They want to elicit what they want to elicit and keep us from eliciting anything that would contradict its But putting your reputation and your character in issue, as she has in this case, about the time when she was a child is necessarily a part of our cross examination to explain to a jury what her reputation at the time of the acts in question were. She was a truant, reported to the schools as a truant, reported by her mother to the police, circulated with people in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011363

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 61 H3VOGIU1 the community out trying to find her, and she was known as such in her community. So to say somehow that we can't talk about her reputation for truth telling, her reputation for honesty at the time she was a child when she claims that she was the victim of sex abuse, is not supported by the law. Plaintiff also cites to Sack on Defamation, and I believe the cite is 10, Section 5. And your Honor, I think this helps clarify a lot of what our position is in this case. Sack believes, as we do, that it is entirely appropriate under 405(b) to question a plaintiff who has alleged defamation, whose reputation is an issue about all kinds of bad acts. They have said, just now, that there is just no reason we should be allowed to ask about all these other bad acts. Sack cites, your Honor, to an Eleventh CircuLt case, Schafer vs. Time, Inc. In that case, your Honor, Sack says the Eleventh Circuit found the district court had been correct when it ruled that the defendant, which allegedly accused the plaintiff of being a traitor, "would be permitted to question the plaintiff about a felony conviction, a possible violation of his subsequent parole, convictions for driving under the influence, an arrest for writing a bad check, failure to file tax returns, failure to pay alimony and child support, and vidence concerning plaintiff's efforts to change his name and social security number." In other words, once you put your SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011364

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 62 H3VOGIU1 reputation at issue, all of these specific instances going to your honesty are fair game. In this case, we have asked plaintiff whether she filed tax returns. She said, "No." Tax fraud is not a private matter, as plaintiff contends, it is a crime. It is a crime of dishonesty. She likewise put into her complaint that her reputation was injured in her professional capacity as President of Victims Refuse Silence. We inquired whether Victims Refuse Silence was, indeed, a legitimate enterprise. We learned that they had not met their tax obligations and they had not been funded. That is, as your Honor knows, the subject of 702 motions, so I won't repeat it all here. I will say, however, that both of those issues, failure to file tax returns and tax fraud, are exactly the kinds of evidence permissible under 405(b) when you are attempting to establish the truth of your statement that plaintiff is a liar. Motion 14, evidence of being a victim of domestic violence. Your Honor, in this case, plaintiff claims $30 million in pain, suffering, and emotional distress. Plaintiff's expert, Dr. Kliman, testified that domestic violence by her husband is likely a cause of exacerbation of her PTSD. He also testified it was a very violent episode and more likely happened more than once. He also testified that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011365

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 63 H3VOGIU1 she needs additional marital and sexual counseling based on her disinterest in sex, which she claims is caused by the defamatory statement. Our expert, your Honor, likewise found that the far more likely cause of any dysfunction in her marriage which arose at the time of the domestic violence incident and was more likely the cause of any PTSD pain, suffering, or emotional distress that she was experiencing. That domestic violence incident happened in early March, 2015, a couple of months after the allegedly defamatory statement, and seven months before plaintiff brought this lawsuit. The criminal proceedings against her husband also are relevant to her damages, apart from Dr. Kliman's testimony. Her husband was ordered to live away from their home, leaving her to care for her three children alone. He then stopped participating in the court-ordered domestic violence counseling, and he fled the country with an active arrest warrant that remains outstanding to this date from Colorado. All of these alternative sources of emotional distress for plaintiff should be admitted, as her expert, Dr. Kliman, has testified, in as far as they impact supposed pain, suffering, loss of enjoyment of life. Motion in limine number 15, any testimony that sex with a 17-year-old girl is, quote/unquote, lawful. Plaintiff SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011366

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 64 H3VOGIU1 is the one who claims she had sex with various people at various places at various times, some when she was 17, some when she was 18, some when she was 19, some in Florida, some in England, some in New York, some in New Mexico. In all of those cases, except Florida, the age of consent is 17. I don't know what evidence plaintiff is going to introduce about what sex she had, where, with whom, and her age at that time because those sands have shifted dramatically during the course of this litigation. All I can say, your Honor, is, if she tries to introduce evidence that she had sex at a certain place and time and claimed that it was unlawful, your Honor will be duty bound to instruct a jury on what is or isn't lawful in a particular jurisdiction at a particular time in a particular place. Your Honor, I would submit that motion in limine 16 regarding the medical records, again, is something that depends dramatically on what plaintiff introduces during her case in chief, but there are many statements, as I mentioned earlier, to her doctors which would be admitted as nonhearsay if offered against her as party admission. There are many statements over the last 15 years that relate to her mental condition, that relate to her medications. Do I anticipate asking about her ferret bite? I do not. Do I anticipate asking about the other things that are listed in her motion in limine? I do not. But I do believe that there are a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011367

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 65 H3VOGIU1 number of times that she saw doctors, made statements, sought treatment, got medications, all of which are reflected in her medical records and are something that about which she may be cross examined. She claims her medical records are private. She is the one seeking $30 million in emotional distress, pain and suffering, and I think when you do that, I'm sure her lawyers advised her that her privacy rights with respect to her medical records would no longer be the same as a private individual. Your Honor, Motion in limine 17, again, the dollar value of the Jane Doe settlement depends entirely on what happens in terms of plaintiff's case in chief and whether any other evidence regarding the Jane Doe 102 litigation comes into vidence, because if it does, then the settlement and the settlement amount may very well become relevant, but I can't say right now how anyone intends to use that at trial, why it would be relevant, and I can't say whether or not the settlement amount would likewise be relevant. Motion in limine 18, the Cassell-Edwards—Dershowitz litigation and their settlement. It's interesting to note Mr. Cassell to refer to himself in the third person when he was talking about that litigation. Your Honor, there are a number -—- I can count five reasons, at least, that that case is relevant to the facts in this case. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011368

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 66 H3VOGIU1 Plaintiff was a witness in that case. She was deposed in that case. She testified under oath in that case, represented by the same counsel that she has here. Her testimony in that case is admissible. She participated in that case, your Honor, from March of 2015 or so until it settled in or around April of 2016, and she reported to her doctors that it was causing her a significant amount of stress. In fact, shortly before she was deposed in that case she went to a doctor and requested that she get more Valium to help her handle her upcoming deposition. Dr. Miller, our psychiatrist, found that her participation in that lawsuit as a witness caused her significant stress and explained many of her complained of symptoms, and he said that they wer xacerbated by her participation in that litigation. Third, evidence regarding that lawsuit goes to her reputational damages. Again, your Honor, I refer to the federal evidence treatise relied on by plaintiff. In defamation cases, defendants can also prove other liables and rumors about the claimant are circulating, at least if they are widespread, to demonstrate it is not what the defendant said about the plaintiff that caused her reputation to suffer but what others said. Your Honor has read the 702 pleadings. Plaintiff's experts have pulled off the internet all kinds of stories that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011369

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 67 H3VOGIU1 relate to plaintiff and said that those stories ar vidence of her damaged reputation. When you look at the stories that actually were pulled off the internet, a substantial number of them relate to the Cassell-Edwards-—Dershowitz litigation; what happened in the litigation, statements made by the parties in the litigation, statements made about Virginia Giuffre relevant to that litigation. If her reputation is damaged by some other litigation that has nothing to do with Ms. Maxwell, Ms. Maxwell can't be responsible for that reputational damage. THE COURT: What's your explanation of the damage caused to Giuffre by the Dershowitz case? MS. MENNINGER: I'm sorry? 7 THE COURT: I understand the testimony part. That's a different kind of thing. But the case itself, how does that damage her reputation? MS. MENNINGER: It's the press attendant to that case, your Honor. THE COURT: Okay. So the press attendant. MS. MENNINGER: There was a lot of press attendant to that case which was, frankly, negative to the plaintiff that had nothing do with Ms. Maxwell's denial. And their experts have relied on that press and claimed that that press somehow supports their claim for damages against Ms. Maxwell, even though she's not mentioned in the particular stories. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011370

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 68 H3VOGIU1 THE COURT: But how is that going to figure into damages in our case? MS. MENNINGER: Your Honor, I think the jury would be instructed here not to hold Ms. Maxwell responsible for any harm to plaintiff's reputation caused by third parties or alternate sources, including stories that were generated by statements made by her own counsel, by Alan Dershowitz, by Prince Andrew, by anyone else. THE COURT: Well, yes. But what I'm trying to figure out, what about that case was damaging to Giuffre? MS. MENNINGER: I can't tell you that, your Honor. It's actually plaintiffs who are asking for $1.9 million in reputational cleanup costs, and when you ask them what reputational cleanup costs are you trying to clean up, they point to stories having to do with the Dershowitz litigation. They say her reputation was damaged by that litigation and by the stories related to it, and they want to push all of those stories down on the internet searches. Not stories that relate to Ms. Maxwell, stories that relate to her litigation with -- her lawyer's litigation with Alan Dershowitz. THE COURT: Okay. MS. MENNINGER: I don't think that evidence should come in because I don't think it's based on science, but I realize that's not for today. Likewise, your Honor, her failure to sue Alan SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011371

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 69 H3VOGIU1 Dershowitz, although he's gone on all of these other shows and called her a liar after she said she had sex with him seven times, goes to her failure to mitigate any of her damages. Finally, your Honor, there is, as you heard from Mr. Cassell, talking about Cassell lawsuit, a statement issued that that lawsuit was a mistake. Whether her attorneys have made representations, they did so while they were representing plaintiff. This was while Mr. Cassell and Mr. Edwards were both pursuing their own lawsuit and also representing plaintiff in this case. So any statements that they issued that are within the scope of their agency, your Honor, are representations, frankly, made by plaintiff. With regard to the Judge Marra order, motion in limine 19, your Honor, plaintiff would like to make a lot of arguments now. She's already litigated those points. She lost. She's collaterally estopped from reraising them. And it would be seriously misleading, your Honor, to admit the joinder motion and not inform the jury that a judge found that the allegations contained in that joinder motion were impertinent. Motion in limine 20, Rebecca Boylan. They said she's not been deposed. She was a disclosed witness. They said she's not going to be a witness. Well, we'll see. Your Honor, I don't think this is the appropriate time to raise this issue. It's not an appropriate motion in limine. I know what the rules of evidence are with regard to hearsay and double SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011372

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 70 H3VOGIU1 hearsay. That's also true, your Honor, largely with respect to the rest of the motions. They are asking for an advisory opinion from this Court about things that may or may not happen. Your Honor, I just don't see the need to waste more time on it. There is only one issue, the one raised in 28 where we have presented the possibility that as the party that bears the burden of proof, we would be allowed during closing arguments, for example, to comment on the lack of proof, which is a common closing argument. If they have control over a party and that party doesn't come and testify, we may, under the appropriate circumstances and with the right foundation, ask for a missing witness instruction, your Honor, but these are all advisory questions at this point. MS. McCAWLEY: Your Honor, Sigrid McCawley on behalf of the plaintiff. Would the Court like to take a break at this point? I know we've gone for a couple hours. I'm not sure how you'd like to proceed. We're happy to address -- THE COURT: Let's finish. MS. McCAWLEY: Let's finish. Okay, great. Thank you. call MR. CASSELL: Paul Cassell, your Honor, for Ms. Giuffre. The defense started with an overview of Rule 405(b), SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011373

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 val H3VOGIU1 so let meet respond to that overview. They reference Mueller and Kirkpatrick, a treatise that we think is very instructive on this particular point. Mueller and Kirkpatrick says, "It is true that ina defamation case there is more latitude to introducing reputational types of evidence. However, it's important to remember, say Mueller and Kirkpatrick, that actual character is not so much the question as reputation." And it follows that "specific instances of misconduct cannot be proved if they were not generally known because then they would not affect reputation." They go on to say that, "When a defendant's proof goes to specific instances under 405(b), caution from the judge is in order. Proving misbehavior can, in effect, become a game of character assassination that adds insult to injury which courts can block by carefully considering relevancy issues and the rule against unfair prejudice found in Rule 403." And so it is against that backdrop that the Court should be considering these 405 issues. What I would like to do is offer three illustrations of what I think is going to be a pervasive flaw in many of the arguments advanced by the defense. So we heard that, "Your Honor, look under 405(b). The fact that the mother -- plaintiff's mother described her as a liar about using drugs and running away from home, that comes SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011374

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 h2 H3VOGIU1 in to show reputation." Let me explain why I believe that argument is fundamentally flawed, and that will, of course, carry over to other illustrations, as well. The statement to which defense counsel was referring was a statement that Ms. Giuffre's mother made during a deposition as a witness in this case where the only people in the room were the court reporter and the attorneys. The fact that when asked, "What did you think of your daughter 17 years ago? Well, I thought at the time that she was a liar," wasn't something that goes to Ms. Giuffre's reputation because there's no evidence anybody knew about it other than, you know, the mother who is now being deposed in 2016. Moreover, the question was, "What did you think about the fact that your then 17-year-old child was running away from school? Well, I thought she was lying to me about that." That would go, I guess, to her reputation back in, what, 1999, 2000, 2001, that time period, but of course the damages that are at issue in this case are damages around 2016 and thereabouts when the defamatory statement is released. So it's hard to see even an argument for the statement of the mom in a deposition going to reputation. I don't know, maybe I'm missing something, maybe there's some marginal relevance that can be distilled out of all of that. But of course then your Honor has to weigh whatever marginal value that has as to reputational issues against the very significant SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011375

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 13 H3VOGIU1 prejudicial effect« Obviously, this is going to be considered by the jury to think she's a bad kid. They're not going to like Ms. Giuffre, and they're going to hold it against her, not because it has some technical reputational aspect to it, but because it is something that shows she's a bad person. Under 403, the evidence should be excluded. Let me give you a second illustration of reputational points. They say, "Ah-ha, look. Ms. Giuffre went to Dr. Kliman," and I believe your Honor referred to that as well. And your Honor asked, I think, a very good question, and let me see if I can answer that question. You said, "Well, why did she disclose all this stuff to Dr. Kliman?" Well, the answer is obvious, she was under instructions from and of course she that happened. S the doctor to tell everything that happened, told, to the best of her abilit ome of the stuff is going ty, everything to turn out in a court of law to be relevant, some of this stuff in a court of law is going to turn out to be irrelevant. But that's not the psychiatrist's job to say, 'No, no, no, don't talk about becaus illegal drug us the prejudicial effect outweighs the probative value,' he just gets a full medical history. And having collected all that information, you know, through Dr. Kliman, or they also have Dr. Miller who did a similar sort of thing. Now once you have all of this vast array of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011376

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 74 H3VOGIU1 information, then the lawyers present arguments to your Honor and say, 'Wait a minute. Some of the things that are in the report aren't relevant to the case and, in fact, are going to be highly prejudicial for the jury." That's why we're here this morning asking for some of those things to be excluded. For example, there are some references I won't belabor the point -- but the references that we're making to some of the illegal drug usage and so forth, that's not something we're trying to deploy affirmatively. The good doctor simply listed all of the information that had been recited as part of his report so that the lawyers and the judge can now make a determination. And the fact that Ms. Giuffre told Dr. Kliman ina confidential psychiatric examination certain things about drug use can't possibly go to her reputation because no one was there who was assessing what kinds of things might be going on. A similar point can be made about tax fraud. We're told, "Well, your Honor, tax fraud goes to her reputation." I suppose that goes to her reputation with some IRS agent who is looking at a return, but it can't possibly go to a general reputation that is at issue in this case. And once again, the cases that we cite in our briefs I think make this point clear, there is a vast risk of prejudicial effect to Ms. Giuffre because the jury is going to think, oh, she's a tax cheat, and they're going to hold that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011377

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 Wee) H3VOGIU1 against her because they don't like her actions in that particular circumstance as opposed to the merits of the case. And by the way, we are going to strongly contest that she's a tax cheat, so your Honor is going to have, I guess, competing tax information, and jury instructions on whether personal injury returns have to be reported on your return, all of which is going to deflect the jury's time and attention, not to mention the Court's and counsel's, away from the fundamental issue of did Ms. Maxwell defame Ms. Giuffre. So that's our response to the initial overview regarding 405, and I'm going to turn the time over to my colleague now to dive into some specifics. MS. McCAWLEY: Thank you, your Honor. I'm going try to keep this very brief and just touch on some of the highlights quickly. So we were talking initially at the beginning about the issue of various pieces of different witnesses, whether their information would come in, and we hit on the issue --— they brought up the issue of Mr. Freeh, and actually gave you -- told you that he was going to be just somebody who was going to sit on the stand and validate the FOIA response. Well, very clear from the documents they've produced in this case, if I could hand them up, your Honor, this is the pages that they produced with respect to Mr. Freeh. And you'll see on the first page, he gives his conclusion and he says, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011378

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 76 H3VOGIU1 Based on my experience, knowledge, and duties of these protocols in the USS Protective Details of Special Agents, a company escorting Mr. Clinton" so he is relying on his expertise as a former FBI head in order to opine on whether or not these records are correct, your Honor. They disclosed him as a lay witness in this case, not an aS an expert witness. We went through a series -- as you know your Honor, you've seen all the expert depositions in this case that we've had. They say, "Well, you could have deposed him as a lay witness." Your Honor, will remember, we were very limited. We were limited to ten depos. We had to beg, borrow, and steal to get a few more, and we had to be very careful in who we picked and chose with respect to establishing our claims. If we had known, of course, that Mr. Freeh was going to be put on the stand as an expert in this case, we, of course, would have sought his deposition through the expert process. So, your Honor, I think those documents speak for themselves. They're very clear, that's GMO0O526, where he's giving that clear opinion. The letter is sent to Mr. Dershowitz and he signs it, and then it has the relevant attachments. So, your Honor, we firmly believe that that should be kept out of evidence because he was not disclosed properly as an expert in this case. The other thing I want to point your attention to is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011379

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 ee) H3VOGIU1 another document that they gave you, and I think this document is really telling for what it doesn't say, and that's the email tna Fie. Right after -- a few days after she makes th defamatory statement, she's conversing with Alan Dershowitz about this statement. And this is GM0006 through 00015. What's really interesting about this is nowhere in this statement does she say, 'I didn't participate in this abuse. I didn't know this person. I wasn't around. This didn't happen with JE.' Instead, she picks statements and says things like -- which sound like a jealous girlfriend -- she says, "I called Jeffrey and told him I've fallen madly in love, Virginia says. I was hoping he'd be delighted, but he said, "Have a nice life" and hung up on me." And she puts in parens to Mr. Dershowitz, "Did she want Jeffrey to say no, don't do it, I want to marry you?" Clearly, she knows -- while during her deposition she claimed to not recollect my client whatsoever, she clearly knows her and this shows that they were together. It's also interesting, if you look on page 0008, because she's putting in parens individuals, other people that my client was lent out to that they forgot to mention in the list that they give. I mean, what's really telling about this document is what it doesn't say, but it clearly shows she knew my client, she knew what was occurring, and she's simply trying SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011380

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 78 H3VOGIU1 to pick apart nuances in the statement. So, your Honor, I submit that to you for what it doesn't say from Ms. Maxwell since they've provided that to you today. There are a few more things that I just want to touch on that I think need to be clarified, and that is, with respect to -- there was this mention about newspaper articles, and as you know we've submitted an expert who analyzed through his web analytics, he's the sam xpert that was in the Anders case who followed that video of the Fox reporter over the internet and tracked that he uses a well-accepted methodology. We've set that forth all in our papers. But he tracked the specific quoted statements, your Honor. And if they have an issue, if they want to say, oh, they're proposing today that these articles related to the Dershowitz matter, that's subject for cross examination of him if they want, but he has a very clear methodology, and those articles that he tracked were in that manner, your Honor, so I just want to make that point since they raised it. I know we're not discussing the experts in detail today, but I did ask that question. So your Honor, in just summarizing on those points, I think we made clear in our opening argument why we believe that this shouldn't be subject to a number of mini trials ona variety of these issues, we're hoping to streamline this matter, and that's why we proposed this motion in limine to you SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011381

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 wae) H3VOGIU1 in the way that we did. I'm just going to let my counsel address any final issues. MS. SCHULTZ: Your Honor, I don't have anything further to say on motion in limine number 6. The defendant has not given any valid reason or justification for introducing any evidence of prior sexual assault that should be excluded for all the reasons in the brief and the oral argument over thes two days. With regard to drugs, there are voluminous medical records presented here. Defendant's counsel has stood up and said there are false statements to doctors and have suggested that Ms. Giuffre is doctor shopping. I'll submit that the records do net reflect that. Defendant apparently seeks to introduce a jotted down note here or there from medical records, but these are plainly hearsay, and a sentence fragment in the middle of a medical chart is not admissible evidence, it's hearsay. And then, they're certainly not a party admission, they don't even reflect the totality of what the conversation is between patient and doctor. Also, I would also submit that the prescription records show that they are not doctor shopping to a mass amounts of pills or medication. The prescription records speak for themselves. You can count the number of pills that were SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011382

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 80 H3VOGIU1 prescribed over a period of time, and you'll understand that this is not a situation of someone being a drugee and doctor shopping, something that's in the news a lot these days. So trying to submit it that way is not only irrelevant to this case, but the prejudice greatly outweighs whatever probative value it might be. Ms. Giuffre would not, of course, object to testifying with regard to what current medication she takes, but that's a different subject altogether. With regard to criminal history, as I mentioned, Ms. Giuffre denied that she stole the money. She said her boyfriend took the money while he was there with her. And defense counsel reminded Court that this victim is a thief. Again, none of this information comes in under the Federal Rules of Evidence. Even the charging document and the warrant are classic hearsay and should be excluded. With regard to the next one, I'm going to skip ahead to school records. The records don't show that she was in school, as much as defendant seems to think she is. They don't have also what days she attended and what days she doesn't. It doesn't say that she was there on, for example, May 23rd, 2000 What they do show is that there are no courses taken between 1999 and the 2000 school year, and no courses taken during the 2000 to 2001 school years. Ms. Giuffer's attempt to work and resume school at another school as as a tenth grader in the 2001 to 2002 school SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011383

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 81 H3VOGIU1 year was limited to a portion of the school year starting October 20th, 2001, ending only in March 7th, 2002, which only further substantiates Ms. Giuffre's testimony that at one point she attempted to get away from defendant's abuse, along with -- and Mr. Figueroa testified to the same. So again, I would also reiterate that her reputation as a child for being a truant or a runaway is not what is at issue in this case. She is a 30-something-year-old woman and did not have a reputation related to her school attendance. There is also in this case zero evidence of her not-for-profit being a tax fraud. It's not funded and it's in compliance with United States tax rules. Additionally, Ms. Giuffre has produced volumes of papers of tax returns filed with the Australian government, the country where she has predominantly resided since she was 19 years old. And that's all I'm going to say for that, to keep Lt bPLet. MR. CASSELL: Your Honor, I'm just going to address all of the points that -- I'll just take very few minutes here, with your permission. So on point number 7 that I addressed, the issue of slut, it seems like we're in agreement that that should be a term that's not used. The debate was over the term "prostitute". Again, Dr. Esplin, their own expert, you can see in the 702 motions, he SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011384

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 82 H3VOGIU1 concluded that was an inappropriate word. The only let me be clear. If there's some document that has the word "prostitute" in it, we're not suggesting that then it would be -—- if that document is in evidence and the use of that word is appropriate and admissible and relevant, we're not saying that that has to be redacted. But the only example they gave is there's some comments in some internet chat room 1 somewhere, we're not sure exactly how they're going to authenticate those, there's no evidence Ms. Giuffre has heard of those, so as you say, we can take that up at the time. But we would ask that defense counsel be instructed, and their witnesses be instructed, not to use that term unless it appears in a particular document. With regard to item 14, this is the domestic violence issue. And they say, look, it has relevance because it shows an alternative cause of emotional distress damages. Our position is primarily based on Rule 403. We conceded, I think, that there's some arguable chain of relevance that perhaps could be teased out here, but let's understand, this domestic violence incident took place in March, 2015, and the statement at issue that caused the worldwide reputational damages was launched in January of 2015. So the relevance here is marginal, and ultimately the question your Honor has to, of course, sort out is the prejudicial effect. There wasn't any response that I heard SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011385

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 83 H3VOGIU1 from defense counsel about a blame the victim mindset that the jury would very well adopt once they heard that Ms. Giuffre's staying with her husband is a victim of domestic violence. So your Honor has in front of it, I think, essentially uncontested evidence, or at least uncontested argument of substantial prejudicial effect that will exist that tips decisively in favor of excluding this, particularly when they get to subjects like criminal proceedings. We're going to then get into what is the scope of the protective order if they live in Australia and things like that. That's far afield from any effect on emotional distress damages. Item 15 has to do the 17-year-old, 16-year-old, 15-year-old. I think we have agreement from both sides that sex with a 17-year-old is unlawful under the age of consent statute that exists in Florida, and we'll be asking either to cover that through an expert witness or through a jury instruction. But they say, oh, what if she's flown to New Mexico? The age of consent there might be different. And this is where I believe your Honor can take a close look at the expert witness on sex trafficking, the 702 motion is currently pending in front of you, Professor Terry Conan, who is at the Florida State Trafficking Institute, and we've offered him as an expert witness. If you take a 17-year-old from Florida, fly her to New Mexico for sexual purposes, it makes no difference what the age SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011386

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 84 H3VOGIU1 of consent is at that point because you have a federal sex trafficking crime that has been committed. The same thing is true if you fly a 17-year-old into London, or if you fly her into New York. All of those are sex trafficking crimes, and Professor Conan is prepared to explain both that particular aspect, I would describe it as a mixed question of fact and law, and also some of the psychological techniques that are used to create the -- I think he refers to them as the invisible chains of sex traffickers. So w ither have a crime in Florida, because she's under the age of consent, or we have a federal or, in all likelihood, state trafficking offense if she's flown to another states Which regard to item 18, the Cassell and Edwards litigation, I think your Honor asked som xcellent questions on that. We were told that there are five reasons why Ms. Giuffre's connection to that case has some relevance. The first argument, I guess, is their strongest argument, was that, well, she was a witness in that case. But, of course, that was a confidential deposition, so it couldn't have anything to do with reputational damages or something else. Let me be clear. Ms. Giuffre made statements when she was deposed, and if they say, ah-hah, you've said X from the witness stand, but last year when you were deposed you said not SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011387

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 85 H3VOGIU1 X, fair enough, cross examine her about it, inconsistent statement. We're not objecting to that aspect of that. What we don't want is the lawsuit itself and the circumstances surrounding the lawsuit to be paraded in front of jury. If they simply want to put in a deposition statement to stay it's inconsistent, and that's properly done, of course, that would be appropriate. Their second point is, she participated for a period of time. I guess she participated if you're subpoenaed as a witness and testified, but that wasn't -- you know, she wasn't a party to the case. Their third point was that the reputational damages somehow link into what Dershowitz was saying. Again, your Honor already knows our point one is to keep out Mr. Dershowitz from the case, and you'll make a ruling one way or the other on it. If he's kept out of the case then this becomes a moot point. But even if you decide he's in the case, well, okay, fine. Have him testify and do whatever else you think is appropriate. We don't need to hear all about this unrelated lawsuit. Their fourth point had to do with, I believe, you know, damages suffered by Ms. Giuffre. Your question was, if I'm -- I don't have the transcript in front of me -- I think you said, well, how does the case itself go to damages? And I believe this is a direct quote from Ms. Menninger. "I can't SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011388

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 86 H3VOGIU1 tell you that." So even the defense counsel when given an opportunity to articulate the relevance failed to do so, in our view. She says then her next argument is, well, the plaintiff's experts are using Dershowitz's statements. As you know from the 702 pleadings, no, we're using Maxwell's statements. We're only going to be proving a case about what Maxwell's defamation did to Ms. Giuffre. And then the last argument was that there was a failure to mitigate damages by suing Dershowitz. Well, your Honor knows, if a person A commits a defamation, you sue A and you get your damages. Then if person B does something, you sort that out in a separate proceeding in a separate way. Sacks and others are very instructive on that. The last point they made was that, well, look, these statements were going on while Cassell and Edwards were representing her. They've shown simultaneity in time, but not simultaneity in the scope. It is true that the lawsuit was settled, and I won't refer to myself in the third person. Mr. Edwards and I settled the lawsuit and made certain statements in connection with that, but that was to take care of our own professional reputation and the lawsuit associated with that, it had nothing to do with representing Ms. Giuffre. I believe I have two left, your Honor, and you've been SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011389

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3VOGIU1 extremely patient. Let me just point 19. 87 take two more minutes to cover This is Judge Marra's ruling. They say we want to put it in that she lost. our view, actually, get her into the case, participate by being a witness. Now, are we Well, in that was a victory. Our goal was to try to and Judge Marra ruled that she could really going to try the implications of Judge Marra's ruling in a pro bono Crime Victims Rights Act organization ruling? thing. It's highly, first, prejudicial in the sense that it attention away from the facts at And again, Judge Marra reasons that we offered for putting those allegations in. th He ruled on this, irrelevant, others w but allowed this other and obviously, highly C's going to divert the jury's t hand here. only ruled on the first of nine He "LL § said point 1 doesn't work, out. The litigation is moving forward. how things play I can tell you the government will be responding to our summary judgment motion, I believe on May 15th. litigation continues. We'll be replying on July 15th, so the The last point that I'll make is Boylan. This is item 20. Remember, Dershowitz is going to say that Boylan says that Ms. Giuffre said certain things. And we were told that, well, maybe she will be a witness. It's my understanding that Boylan is not on the final SOUTHERN DISTRICT REPORTERS, P.C. (2:12 ) 805-0300 HOUSE_OVERSIGHT_011390

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 88 H3VOGIU1 pretrial witness list. Maybe during a break I can confirm that. But if she's not on the witness list, we've got double hearsay and it can't come in. The last point I would leave you with, your Honor, is many of these issues are going to come down to balancing. They're of minimal relevance for the reasons we've explained, very Significant prejudice, and we would ask that each of the motions in limine we've asked today be granted. THE COURT: Thank you. We'll resume at 1:30, and I guess, unless you all think it's been covered, the Maxwell motions. What do you think? MR. PAGLIUCA: Your Honor, I would -- THE COURT: Would you rather catch your plane? MR. PAGLIUCA: No. I'm prepared to stay until tomorrow, your Honor. I'm not leaving until tomorrow morning, just in case you need me this afternoon. I'm sure you're thrilled about that. I think, your Honor, when I went through these, it seems to me that we have dealt with number 679, 716, in connection with 683, 742, and 774. That deals with the Rodriguez, we call it the unauthenticated hearsay document from a suspect source. They call it the black book. I think the Court heard argument about all of that and, in my view, this does not all need to be repeated today. Yesterday, we talked about the -- I can't remember the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011391

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 89 H3VOGIU1 name of it, but it was the plaintiff's motion, sort of omnibus related to different acts either under 404(b) or 415. The plaintiff wanted until 15 days before trial to make whatever showing they wanted. It would make sense -- well, in defendant's 404(b) motion, there are some of those issues, as well. We certainly could argue part of that. The Court may want to defer that to the entirety of when we have whatever the supplement is to that motion yesterday. Then we also, I believe, dealt with yesterday the issue related to the Jane Doe 102 complaint. We have a competing motion on that. That's 663. It seems to me that was argued yesterday, and we don't need to repeat those arguments, which is the same argument we had yesterday. So in my view, your Honor, that leaves the bifurcated trial motion, which has been fully briefed, the Kellen and Marcinkova issue, and the police report issue. So by my count, we have those thr I also have on my calendar that our motion to preclude -- or the plaintiff's motion to preclude calling attorneys as witnesses, which is 685 and 772, and by my calendaring the reply was due yesterday. I think Ms. McCawley has a different version of that, and so frankly, I don't care whether we hear that today or some other time. So that's my accounting of what we have ripe for argument today, or shouldn't have argument today, as the case SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011392

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3vlgiu2 may be, your Honor. (Discussion held off the record) THE COURT: We'll resume at 1:30. (Luncheon recess) (Continued on next page) SOUTHERN DISTRICT R (212) 805- PORT 0300 ERS, 90 HOUSE_OVERSIGHT_011393

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 91 H3vlgiu2 AFTERNOON SESSION 13:30 psms THE COURT: Who's up? I think the defense? MR. PAGLIUCA: Yes, your Honor. I think Ms. Schultz requested that we take up No. 666 at this point, which we're happy to do. THE COURT: Oh, yess Yes. MS. MENNINGER: Your Honor, this motion relates to our request that w xclud vidence barred as a consequence of plaintiff's summary judgment concessions. We asked in argument 4 of our summary judgment motion for partial summary judgment with respect to the oral statement on January 4th toa KEpOrcer s THE COURT: Hold the phone. MS. MENNINGER: Sure. THE COURT: Sorry. Needless to say, I'm drowning. Ah, okay. Okay. Sorry. Yes. MS. MENNINGER: We asked for partial summary judgment with respect to our client's statement on a New York street that, "I am referring to the statement that we made." As we set forth in our summary judgment brief, this Court's ruling in Adelson v. Harris is directly on point, that a mere reference to another writing that contains defamatory statements does not constitute an actionable repetition or republication. In that case, in Adelson, there was, first, an allegedly defamatory SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011394

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 92 H3vlgiu2 statement and later a press release which said, we stand by everything we said. It's directly on point. Your Honor there held that such republication is not actionable. We set forth that clearly in our argument 4 of the summary judgment motion, and plaintiff, in her response to summary judgment, made absolutely no reference, no response, nothing with respect to that argument. We, therefore, believe that she has conceded the point and we would ask that no evidence regarding that statement b ntered in the trial. We predicted, and we were correct, that having not argued it in response to our summary judgment motion, they would try to use the opportunity of their response to this motion in limine to make substantive arguments. They should not be permitted to do so, your Honor. In any event, their arguments that they have set forth in response -- r THE COURT: I'ma little lost. Perhaps totally lost. But the partial summary judgment, that's not been dealt with, or has it? MS. MENNINGER: It was not part of your Honor's ruling; ne. THE COURT: Tell me the context of the summary judgment. MS. MENNINGER: Certainly, your Honor. There were a number of things that we believed plaintiff had conceded because they failed to respond to our requests in our summary SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011395

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3vlgiu2 judgment motion. points, particular argument, THE COURT: 98 Your Honor ruled against us on a couple of but your Honor was silent with respect to this argument No. 4 -- Ah. MS. MENNINGER: THE COURT: -- in your ruling. that was? MS. MENNINGER: Our plaintiff's statement two days after the -- THE, COURT: The one om the street. MS. MENNINGER: Exactly. That in that statement, our client said, we stand by the statement, or, I am referring to the statement that we made. THE COURT: Yes, yes, yes. Okay. I'm just trying to figure it outs. me I failed response by plaintiff to that argument is our point; their response to summary judgment, alt. they failed to respond to it other So in a very nice, polite way, you're telling to deal with that motion of yours. MS. MENNING e% ‘RR: That's correct, your Honor. THI ES COURT: So it's still out there. MS. MENNINGER: Still out there; There was no THE COURT : that in they didn't mention it at Well, that's probably where I missed it. MS. MENNING T, So I think the fact that cases, has COnNSeEquences; IR: Exactly. then, as your Honor has held in namely, it's a conceded point. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011396

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 94 H3vlgiu2 And so their failure to respond -- THE COURT: What was the point, that that was not another defamation? MS. MENNINGER: Exactly. In the case of Adelson v. Harris, just like in this case, there was one allegedly defamatory statement afterwards. There was a press release issued that stated, we stand by everything we said. Those facts are very similar to ours, where there was a written statement issued and then our client, did she or did she not republish that, is that a separate defamatory event. G THE COURT: Okay. Thank you very much. Now, at least a6} in this little small part of this dispute, I know where I am. Okay. Thanks. MS. MENNINGER: And the Adelson case, your Honor, controls and says that referring back to a statement, such as a previous press release, is not actionable, and summary judgment has been granted on such alleged republications. So now, in this motion in limine, is not the time to be dealing with the substantive point that plaintiff basically conceded during summary judgment. Thank you. MS. SCHULTZ: Hi, your Honor. Meredith Schultz, counsel for Ms. Giuffre. This motion in limine has already been decided by this Court's summary judgment order, thereby rendering it moot in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011397

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 95 H3vlgiu2 its entirety. Accordingly it should be summarily denied as moot. This motion should also be denied because it advances the exact same arguments defendant advanced in her summary judgment motion. She is seeking rehearing on her summary judgment motion, dressed up as a motion in limine. Many courts in this district have summarily denied motions in limine that seek to relitigate arguments from summary judgment, and I have listed six such cases on pages 7 and 8 of our response in opposition. You ordered nine defendant's motions for summary judgment. This Court rejects the argument that she should have partial summary judgment on the January 4th statement. The Ww last sentence of that order states, "Because of the existence of triable issues of material fact rather than opinion and because the prelitigation privilege is inapplicable, the motion for summary judgment is denied." Defendant's reiteration of her defamatory press release confirming it two days later is something that this Court did not rule that that is not actionable. So she's seeking rehearing. Also importantly, your Honor, Ms. Giuffre opposed summary judgment on defendant's defamation in its entirety. She opposed the motion for summary judgment in its entirety, and this statement, as part and parcel of defendant's defamation and part and parcel of defendant's motion for summary judgment. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011398

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 96 H3vlgiu2 THE COURT: Well, what do you say about the case that's been cited? MS. SCHULTZ: Well, about Adelson? I would say that it's factually distinguished because here she is two days later reiterating her defamatory statement. And I would also direct you to the case in my brief, Wheelings v. Iacuone. THI ira] COURT: Let me just get the time frame right. MS~ SCHULTZ: Sure « THI ira] COURT: The initial statement is January, and when is this? MS. SCHULTZ: So, your Honor, the email that went to the media, it was first issued on January 2, 2015; it was published on January 3, 2015; and the statement took place the next day, on January 4, 2015. THE COURT: Okay. MS. SCHULTZ: A recent opinion in this district, the Wheelings case, makes it clear that you can't reargue summary judgment on a motion in limine and also makes it clear that you can't say, oh, because one person THE COURT: The issue is, was the second statement defamatory? MS. SCHULTZ: I think that was an issue at summary judgment that Ms. Giuffre opposed in its entirety, and I think that's already been resolved. = THE COURT: How? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011399

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3vlgiu2 MS. SCHULTZ: THI 1s COURT: MS. SCHULTZ: that this is not cause of action, as evidence. This is a motion evidence. THI Gl COURT: case that counsel has given me The motion was Your Honor, All right. it should in limine to Assume for is accurate, —- well, even assuming, 97 Because it was denied, your Honor. okay. arguendo, still be admitted exclude it as the moment that the and then why would it get in? What does it add? MS. SCHULTZ: It adds state of mind, defendant's state of mind in issuing -- 2 THE The state COURT: of mind didn't change in two days. MS. SCHULTZ: Right. It says that she stood by her statement and did not retract it. THE COURT: Well, she certainly is standing by it today. MS. SCHULTZ: And your Honor, it shows one other thing. Throughout this litigation defendant has tried to argue that defendant had nothing to do with the defamatory statements. In fact, just yesterday defendant's counsel was saying that it was issued by her lawyer and by her press agent. It's her statement, and in this video she is personally owning it, and she can't hide behind her lawyer or her press agent. = THE COURT: Oh, okay, okay, okay. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011400

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 98 H3vlgiu2 MS. SCHULTZ: So it goes to a material argument that defendants have advanced. THI ira] COURT: So to the extent that becomes an issue, and that's a whole other thing, as to whether she intended th statement, I can see that. Okay. All right. Anything else? MS. SCHULTZ: Yes. I'm just going to say that this is a motion in limine and there are no evidentiary problems with this piece of evidence. This is the defendant herself on camera, this is not hearsay, and there's no Federal Rule of Evidence that should exclude this. THI 1a COURT: Okay. Do you want to add anything? MS. MENNINGER: No, thank you, your Honor. THI Le COURT: Okay. Thank you. What else? MR. PAGLIUCA: Your Honor, we can take up the bifurcation issue that's presented in 662 and 766, and then there was a reply filed last evening. THE: ‘COURT: “Yes. MR. PAGLIUCA: Your Honor, I think -- well, I don't think. The law is very clear on this issue in this circuit. There is a -- THI Ed COURT: Well, I think we can shorthand this. MR. PAGLIUCA: Yes. THI 1s COURT: Yes, yes. Maxwell's money doesn't come in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011401

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 99 H3vlgiu2 on the liability case. That's your position. MR. PAGLIUCA: That is my position, your Honor. THE. COURT: I think that's correct. Tell me why that's wrong. r MR. CASSELL: All right. Thank you, your Honor. The problem, as usual, is, yeah, her net worth doesn't come in at the liability stage, but I think the defendant is trying to get the camel's nose under the tent and say, oh, if financial issues don't come in, then you can't -- 7 THE COURT: Well, I don't know what financial issues you mean. He's saying no introduction of her finances -- that is, how much money she's got or where it comes from or anything like that comes in. r, MR. CASSELL: As I understand the motion, it's with reference to her "financial status." r THE COURT: Well, I just told you what I think that means. MR. CASSELL: Right. And I think, with the construction that you were just giving, I'm not sure that we're concerned about this, but let me be clear. THE COURT: What would you like to present? MR. CASSELL: There were thr or so things we would like to present. If your Honor rules that Ms. Giuffre's tax compliance can go to her credibility, then we would like to be able to reciprocally say, all right, then Ms. Maxwell's tax SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011402

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 100 H3vlgiu2 compliance, if there is questions about that, could be introduced. We think that there shouldn't be tax compliance issues coming in with regard to Ms. Giuffre. They've said, well, that goes to her credibility. What's good for Ms. Giuffre should be good for the defendant. But again, to be clear, we don't want to turn this into a tax trial; we want it to be a defamation trial. But they've made an argument, tax issues are relevant to Ms. Giuffre. Then we would like to have a parallel opportunity then with respect to Ms. Maxwell. The other thing we have, for example, we're alleging there's a organization that is paying girls to give sex to Epstein. And who's making the payments? Well, Ms. Maxwell, among others. We have her on bank records, at the Epstein mansion, where she's in charge of the -- THE COURT: Well, that's different. 7, MR. CASSELL: Yes, and that's exactly -- lida ES COURT: That's not her financial status. MR. CASSELL: Right. So that's not her financial status. For example, we want to show those kinds of payments. We also want to show more broadly that Ms. Giuffre and the other girls were not coming into a bungalow in the middle of Hoboken or whatever. They were coming into a mansion in one of the most -- THE COURT: Well, that's got nothing to do with her financial status. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011403