WEBVTT 1 00:00:00.160 --> 00:00:04.000 What's up, everyone, and welcome back to the Epstein Chronicles. 2 00:00:04.040 --> 00:00:06.080 In this episode, we're going to start taking a look 3 00:00:06.400 --> 00:00:10.320 at the Virginia Roberts motion to compel the production of 4 00:00:10.480 --> 00:00:17.120 documents subject to improper objections Case number fifteen Dash CV 5 00:00:17.719 --> 00:00:22.239 DASH zero seven four three to three Dash RWs Virginia 6 00:00:22.320 --> 00:00:27.839 Roberts Versal A. Maxwell. Plaintiff Virginia Roberts, buy and through 7 00:00:27.920 --> 00:00:32.560 the undersigned Council, respectfully submits this motion to compel production 8 00:00:33.119 --> 00:00:37.200 of documents in response to request numbers one through thirty nine, 9 00:00:37.520 --> 00:00:42.240 and to compel documents subject to improper objections, including refusals 10 00:00:42.479 --> 00:00:46.640 to produce documents from highly relevant time periods. For the 11 00:00:46.679 --> 00:00:50.399 reason set forth below, this Court should grant Plaintiff's motion 12 00:00:50.799 --> 00:00:56.159 in its entirety. One the preliminary statement. Plaintiff first served 13 00:00:56.200 --> 00:00:59.520 a request for production of documents on defendant on October 14 00:00:59.520 --> 00:01:03.280 twenty seven, even twenty fifteen, Now almost four months later, 15 00:01:03.520 --> 00:01:06.519 and even after this Court denied Defendant's attempts to stay 16 00:01:06.599 --> 00:01:10.599 discovery and directed a response, Defendant is still refusing to 17 00:01:10.640 --> 00:01:15.799 produce highly relevant documents. Defendant is attempting to grant herself 18 00:01:16.000 --> 00:01:19.519 a de facto stay of discovery. Without court approval by 19 00:01:19.560 --> 00:01:23.519 refusing to produce documents or generally comply with the party's 20 00:01:23.560 --> 00:01:28.799 clear and unequivocal discovery obligations. Indeed, in response to thirty 21 00:01:28.799 --> 00:01:32.239 eight requests for production, the defendant has chosen to produce 22 00:01:32.280 --> 00:01:37.599 two emails. This represents a willful disregard of her discovery obligations, 23 00:01:37.879 --> 00:01:42.519 something this Court should not condone. Although not unlimited relevance 24 00:01:42.640 --> 00:01:47.439 for purposes of discovery is an extremely broad concept. Ottison 25 00:01:47.519 --> 00:01:52.799 versus SMBC Leasing in Finance Incorporated. Sweet Jay, twenty fifteen, 26 00:01:52.959 --> 00:01:56.040 w L four five nine seven five four to two 27 00:01:56.159 --> 00:02:00.680 at two SDN Y, July twenty fifteen, Ranting motion to 28 00:02:00.719 --> 00:02:05.760 compel Stintson versus City of New York's Sweet j twenty fifteen, 29 00:02:06.000 --> 00:02:09.919 w L four six one zero four two two SDN Y, 30 00:02:10.039 --> 00:02:13.639 July twenty three, twenty fifteen, Granting in part motion to 31 00:02:13.639 --> 00:02:18.120 compel production in the second Circuit Courts of dismissed actions 32 00:02:18.159 --> 00:02:23.080 where a party has demonstrated wilful disregard for its discovery obligations. 33 00:02:23.439 --> 00:02:28.960 Edwards versus American Airlines Incorporated. Number ninety five CIV Dot 34 00:02:29.039 --> 00:02:33.199 five three five six sas nineteen ninety six, w L 35 00:02:33.639 --> 00:02:37.240 four three two four seven two at three SDN Y, 36 00:02:37.360 --> 00:02:42.599 August first, nineteen ninety six. See also International Mining Company 37 00:02:42.639 --> 00:02:47.000 Incorporated versus Allen In Company Sweet j five sixty seven 38 00:02:47.639 --> 00:02:51.800 f Dot supp seven seven seven SDN Y, nineteen eighty three. 39 00:02:52.199 --> 00:02:56.560 Failure to produce documents and supply adequate answers to interrogatories 40 00:02:56.719 --> 00:03:01.319 without justifiable excuse warranted the dismissal of the complaint. The 41 00:03:01.360 --> 00:03:04.879 blatant nature of the defendant's failure to participate in discovery 42 00:03:05.199 --> 00:03:08.039 is akin to the conduct for which the Second Circuit 43 00:03:08.240 --> 00:03:12.199 has awarded sanctions. This case turns on whether or not 44 00:03:12.520 --> 00:03:15.719 Maxwell to fay Miss Roberts when she called Miss roberts 45 00:03:15.759 --> 00:03:20.360 account of her sexual abuse obvious lies. Miss Roberts intends 46 00:03:20.400 --> 00:03:25.120 to establish that Maxwell's defamatory statement was untrue and that 47 00:03:25.159 --> 00:03:28.120 Miss Roberts was telling the truth. To prove the truth 48 00:03:28.159 --> 00:03:31.719 of her sexual abuse, Miss Roberts seeks discovery of documents 49 00:03:31.719 --> 00:03:36.319 evidencing her sexual abuse and sexual trafficking by Maxwell and 50 00:03:36.400 --> 00:03:42.159 her associates, including convicted sex offender Jeffrey Epstein. Therefore, documents 51 00:03:42.159 --> 00:03:46.919 evidencing Miss roberts encounters with Maxwell, and documents evidencing Maxwell's 52 00:03:46.919 --> 00:03:51.800 communications with her co conspirators are plainly relevant and discoverable. 53 00:03:52.319 --> 00:03:57.039 For example, requests six seeks documents relating to Maxwell's communications 54 00:03:57.240 --> 00:04:01.240 with Sarah Kellen at a prior deposition, Sarah Kellen invoked 55 00:04:01.240 --> 00:04:05.280 her Fifth Amendment privilege when asked question, would you agree 56 00:04:05.319 --> 00:04:08.400 with me that Ghlainne Maxwell provides underage girls to mister 57 00:04:08.439 --> 00:04:12.520 Epstein for sex? Answer, upon the instruction of my lawyer, 58 00:04:12.800 --> 00:04:16.519 I must invoke my Fifth Amendment privilege. Question take a 59 00:04:16.519 --> 00:04:19.279 look at what we marked as Exhibit ten? Do you 60 00:04:19.319 --> 00:04:23.120 recognize the two people in that photograph? Answer on the 61 00:04:23.120 --> 00:04:26.560 instruction of my lawyer, I must invoke my Fifth Amendment privilege. 62 00:04:26.920 --> 00:04:29.920 Question would you agree with me that glaign Maxwell on 63 00:04:29.959 --> 00:04:33.600 the right and Jeffrey Epstein's on the left? Answer on 64 00:04:33.639 --> 00:04:36.120 the instruction of my lawyer, I must invoke my Fifth 65 00:04:36.120 --> 00:04:40.079 Amendment privilege. Question do you recognize the young lady shown 66 00:04:40.279 --> 00:04:43.759 in Exhibit eleven? Answer on the instruction of my lawyer, 67 00:04:43.839 --> 00:04:47.560 I must invoke my Fifth Amendment privilege. Question do you 68 00:04:47.639 --> 00:04:50.000 agree with me that the young girl shown in Exhibit 69 00:04:50.040 --> 00:04:53.680 eleven was recruited by Glaigne Maxwell for sexual activity with 70 00:04:53.800 --> 00:04:57.279 Jeffrey Epstein. Answer on the instruction of my lawyer, I 71 00:04:57.360 --> 00:05:01.680 must invoke my Fifth Amendment privilege see McCauley declaration at 72 00:05:01.680 --> 00:05:06.759 Exhibit one. Clearly, communications Maxwell had with Sarah Kellen are 73 00:05:06.839 --> 00:05:11.839 highly relevant to establishing Maxwell's involvement in trafficking underage girls. 74 00:05:11.920 --> 00:05:17.439 Yet Maxwell is refusing to produce any communications with Sarah Kellen. Moreover, 75 00:05:17.600 --> 00:05:22.839 Defendant Maxwell has admitted that nonprivileged relevant documents exist, she 76 00:05:22.959 --> 00:05:26.079 is simply refusing to produce them. See the declaration of 77 00:05:26.120 --> 00:05:32.040 Sigared McCauley. McCauley declaration at Exhibit two. Defendant Maxwell's response 78 00:05:32.079 --> 00:05:39.920 to plaintiff's first requests for production Request numbers one, three, six, seven, eight, nine, ten, eleven, fifteen, seventeen, nineteen, 79 00:05:40.199 --> 00:05:43.800 twenty one, twenty two, twenty three, twenty four, thirty two, 80 00:05:43.920 --> 00:05:47.759 thirty three, thirty four, and thirty seven. Indeed, it is 81 00:05:47.839 --> 00:05:51.879 undisputed that Maxwell spent many years traveling with Miss Roberts, 82 00:05:52.240 --> 00:05:56.519 and for years thereafter, Maxwell continued her association with convicted 83 00:05:56.560 --> 00:06:00.600 sex offender Jeffrey Epstein. Miss Roberts is entire to those 84 00:06:00.639 --> 00:06:04.000 documents in discovery because they go directly to the claim 85 00:06:04.199 --> 00:06:07.800 at the issue in this litigation. Therefore, this court should 86 00:06:07.839 --> 00:06:12.480 compel her to produce them. The legal argument Under federal 87 00:06:12.560 --> 00:06:15.600 Rule of Civil Procedure thirty four A, a party may 88 00:06:15.639 --> 00:06:19.519 request that another party produce documents in its possession as 89 00:06:19.560 --> 00:06:21.879 long as the documents are within the scope of fed 90 00:06:22.040 --> 00:06:25.360 R siv p. Twenty six B, which allows for broad 91 00:06:25.399 --> 00:06:29.240 discovery regarding any non privileged matter that is relevant to 92 00:06:29.319 --> 00:06:33.240 any party's claim or defense. Information within the scope of 93 00:06:33.240 --> 00:06:37.120 discovery need not be admissible in evidence to be discoverable. 94 00:06:37.519 --> 00:06:41.160 Relevance is still to be construed broadly to encompass any 95 00:06:41.199 --> 00:06:44.920 matter that bearizon or that reasonably could lead to other 96 00:06:45.000 --> 00:06:48.279 matters that could bear on any party's claim or defense. 97 00:06:49.040 --> 00:06:53.439 State Farm Mutual Auto Insurance Company versus FDA Number fourteen 98 00:06:53.600 --> 00:06:59.399 SIV nine seventy nine two WHP JCF twenty fifteen w 99 00:06:59.759 --> 00:07:03.199 L seven eight seven one zero three seven at two 100 00:07:03.519 --> 00:07:08.279 SDN Y, December third, twenty fifteen, granting motion to compel. 101 00:07:08.759 --> 00:07:11.879 If the opposing party objects to producing the documents, the 102 00:07:11.920 --> 00:07:15.319 party seeking production can file a motion to compel with 103 00:07:15.439 --> 00:07:19.120 the court pursuant of fed R sieve p. Thirty seven 104 00:07:19.519 --> 00:07:24.040 Against this backdrop of broad discovery rights. Maxwell has refused 105 00:07:24.079 --> 00:07:29.720 to produce responsive documents B. Maxwell's general objections fell the 106 00:07:29.759 --> 00:07:34.560 centerpiece of Maxwell's general objections is her disingenuous limitation of 107 00:07:34.600 --> 00:07:37.839 her discovery responses to a short window of time that 108 00:07:37.959 --> 00:07:43.360 she has unilaterally selected. Maxwell wrongfully attempts to limit discovery 109 00:07:43.360 --> 00:07:47.040 to the month of December thirtieth, twenty fourteen, through January 110 00:07:47.079 --> 00:07:51.439 thirty first, twenty fifteen, when her defamatory statement was issued, 111 00:07:51.839 --> 00:07:55.680 and nineteen ninety nine through two thousand and two. Maxwell's 112 00:07:55.680 --> 00:07:59.319 time period limitation clearly violates both the letter and spirit 113 00:07:59.560 --> 00:08:02.920 of rule time twenty six. For example, a communication by 114 00:08:02.959 --> 00:08:06.680 Maxwell's press agent regarding the plaintiff is just as relevant 115 00:08:06.879 --> 00:08:10.480 if it was made on February first, twenty fifteen as 116 00:08:10.519 --> 00:08:13.439 the one that was made on January third, twenty fifteen, 117 00:08:13.720 --> 00:08:17.600 and is clearly discoverable. These communications with her press agent 118 00:08:17.879 --> 00:08:20.839 are key documents in this case, and the sole claim 119 00:08:20.920 --> 00:08:24.839 concerns Miss Maxwell defaming Miss Roberts in the press. Yet 120 00:08:24.879 --> 00:08:29.720 Maxwell has arbitrarily refused to produce highly relevant discovery. The 121 00:08:29.759 --> 00:08:32.120 abuse that issue in this case is alleged to have 122 00:08:32.200 --> 00:08:35.200 started in or around nineteen ninety nine, and there are 123 00:08:35.240 --> 00:08:38.919 irrelevant documents in communication from that point to the present, 124 00:08:39.159 --> 00:08:43.240 and that Maxwell continued to associate with convicted pedophile Jeffrey 125 00:08:43.240 --> 00:08:46.919 Epstein up until at least twenty fifteen, as evidenced by 126 00:08:46.919 --> 00:08:51.200 her privileged log see McCaulay declaration at Exhibit three. Maxwell's 127 00:08:51.200 --> 00:08:55.799 privileged log. Accordingly, plaintiff define the relevant period for her 128 00:08:55.879 --> 00:08:59.399 purposes of her request for production as nineteen ninety nine 129 00:08:59.559 --> 00:09:03.000 through press. While that may seem like a substantial period 130 00:09:03.039 --> 00:09:07.120 of time, all of the publicly available documents demonstrate that 131 00:09:07.159 --> 00:09:10.759 the whole period is highly relevant to the sexual abuse allegations. 132 00:09:11.399 --> 00:09:15.159 For example, the flight log demonstrates that Maxwell was flying 133 00:09:15.200 --> 00:09:18.519 on Jeffrey Epstein's plans over three hundred and sixty times 134 00:09:18.639 --> 00:09:22.000 from nineteen ninety nine to two thousand and five. In addition, 135 00:09:22.120 --> 00:09:25.080 Maxwell flew with plaintiff when she was a minor child 136 00:09:25.279 --> 00:09:28.919 in two thousand on Jeffrey Epstein's planes. The flight logs 137 00:09:28.960 --> 00:09:33.120 reveal that Maxwell continued to actively travel with Jeffrey Epstein 138 00:09:33.320 --> 00:09:37.399 and the other unidentified female passengers through at least as 139 00:09:37.480 --> 00:09:41.159 late as September fifth, two thousand and five, seem Acauley 140 00:09:41.240 --> 00:09:47.600 declaration at Exhibit four. Moreover, there is critical activity relevant 141 00:09:47.639 --> 00:09:50.840 to the abuse allegations happening in the mid two thousands, 142 00:09:51.039 --> 00:09:54.279 as evidenced by the Palm Beach police report that identified 143 00:09:54.320 --> 00:09:57.840 over thirty underage girls who were being victimized during that 144 00:09:57.919 --> 00:10:02.399 time period. In addition, house staff identifies Maxwell as the 145 00:10:02.399 --> 00:10:06.720 person in charge during this time period Seemocauleey declaration at 146 00:10:06.720 --> 00:10:11.559 Exhibit five. Alfredo Rodriguez deposition transcript at twenty four and 147 00:10:11.720 --> 00:10:15.480 twenty five. The years of the mid late two thousands 148 00:10:15.480 --> 00:10:18.679 are so highly relevant because that is during the time 149 00:10:18.759 --> 00:10:22.919 when convicted sex offender Jeffrey Epstein entered his plea with 150 00:10:22.960 --> 00:10:26.720 the government. Law enforcement conducted a trash pull from Jeffrey 151 00:10:26.720 --> 00:10:30.519 Epstein's residence in Florida and uncovered his house message pads. 152 00:10:31.039 --> 00:10:33.399 The message pads reveal that in two thousand and four, 153 00:10:33.600 --> 00:10:37.960 Maxwell was coordinating training with underage girls, as indicated by 154 00:10:38.000 --> 00:10:42.960 the redactions in the message pads Seemacaulley declaration at Exhibit six. 155 00:10:43.559 --> 00:10:47.480 Maxwell was also organizing massages for Epstein in two thousand 156 00:10:47.519 --> 00:10:51.720 and four with underage girls and indicating which girls she 157 00:10:51.840 --> 00:10:56.000 had lined up on given days Seemacauley declaration at Exhibit six. 158 00:10:56.559 --> 00:11:00.799 Plaintiff here received a victim notification letter on September ninth, 159 00:11:00.919 --> 00:11:04.919 two thousand and eight. Seamacaulley declaration at Exhibit seven. In 160 00:11:04.960 --> 00:11:08.480 two thousand and nine, an attorney sought Maxwell's deposition in 161 00:11:08.519 --> 00:11:13.200 connection with various sexual abuse allegations, and Maxwell dodged the deposition, 162 00:11:13.480 --> 00:11:15.919 claiming that her mother was ill and that she would 163 00:11:15.919 --> 00:11:19.200 be traveling outside the country with no plans of returning. 164 00:11:19.720 --> 00:11:22.720 Despite this claim to avoid her deposition, she was then 165 00:11:22.759 --> 00:11:26.639 photographed thereafter at Chelsea Clinton's wedding in Rhinebeck, New York. 166 00:11:27.080 --> 00:11:31.639 Oh well, isn't that convenient? Cemacaulley declaration at Composite eight. 167 00:11:32.559 --> 00:11:38.200 Maxwell deposition notice, subpoena and cancelation payment notice and January thirteenth, 168 00:11:38.200 --> 00:11:43.679 twenty fifteen, daily mail article with photograph. In twenty eleven, 169 00:11:43.759 --> 00:11:47.240 Maxwell started issuing press statements through her agent, Ross Gal. 170 00:11:47.759 --> 00:11:52.399 The offending defamatory statement was issued on January third, twenty fifteen. 171 00:11:53.039 --> 00:11:56.840 As demonstrated by the timeline discussed above, any documents that 172 00:11:56.960 --> 00:12:00.159 Maxwell has from the period of nineteen ninety nine to 173 00:12:00.159 --> 00:12:04.240 the present are highly relevant. Miss Roberts respectfully requests that 174 00:12:04.320 --> 00:12:08.200 this Court direct Maxwell to produce all responsive documents for 175 00:12:08.279 --> 00:12:11.240 the time period from nineteen ninety nine to the present. 176 00:12:12.240 --> 00:12:17.519 Defendant Maxwell has also asserted fundamentally improper general objections which 177 00:12:17.559 --> 00:12:22.159 should be overruled. American Rock Salt Company LLC versus Norfolk 178 00:12:22.399 --> 00:12:25.919 Southern Company, two twenty eight FRD four twenty six four 179 00:12:26.039 --> 00:12:31.000 thirty two WDNY two thousand four. Generalized objections that discovery 180 00:12:31.039 --> 00:12:34.600 requests are vague, overly broad, or unduly burdensome are not 181 00:12:34.639 --> 00:12:39.519 acceptable and will be overruled. Maxwell's general objection to producing 182 00:12:39.559 --> 00:12:44.840 material that implicates privacy interests is equally misplaced. Maxwell does 183 00:12:44.879 --> 00:12:48.000 not have a privacy interest in the illegal sexual abuse 184 00:12:48.039 --> 00:12:50.879 in trafficking of Miss Roberts and the other miners, nor 185 00:12:50.919 --> 00:12:53.879 does she have a privacy interest in the communications with 186 00:12:54.000 --> 00:12:58.759 her co conspirators, including convicted sex offender Jeffrey Epstein and others. 187 00:12:59.240 --> 00:13:02.840 Sezornvers is How two seventy six a D two D 188 00:13:03.080 --> 00:13:06.360 fifty one fifty seven seven to one six NYS two 189 00:13:06.480 --> 00:13:10.360 D one twenty eight one thirty three two thousand finding 190 00:13:10.360 --> 00:13:15.399 no legitimate privacy interests in illegal activity. Unsurprisingly, Maxwell cites 191 00:13:15.399 --> 00:13:19.240 no authority that would shield the production of those documents. 192 00:13:19.759 --> 00:13:24.159 These documents are responsive and relevant. The only proper objection 193 00:13:24.279 --> 00:13:26.960 Maxwell can make is an assertion of her Fifth Amendment 194 00:13:27.039 --> 00:13:31.720 privilege failing that assertion, she must produce them. Furthermore, Maxwell 195 00:13:31.960 --> 00:13:35.159 claims that prior to this litigation, she has long had 196 00:13:35.200 --> 00:13:38.480 a practice of deleting emails after they have been read. First, 197 00:13:38.519 --> 00:13:42.279 Miss Roberts is entitled to a forensic examination of Miss 198 00:13:42.279 --> 00:13:46.600 Maxwell's personal computers and devices to recover deleted emails and 199 00:13:46.679 --> 00:13:50.639 to discovery when and if Maxwell has performed a swipe 200 00:13:50.799 --> 00:13:54.759 of her computer devices to permanently destroy deleted emails while 201 00:13:54.799 --> 00:13:57.559 hanging out with Hillary Clinton, she probably learned from the 202 00:13:57.639 --> 00:14:01.840 master huh second. In hemotion to DS, Maxwell claims that 203 00:14:01.960 --> 00:14:08.799 both twenty eleven and twenty fifteen she anticipated litigation against tabloids. Specifically, 204 00:14:08.879 --> 00:14:12.639 she stated that in twenty eleven litigation was forthcoming, and 205 00:14:12.720 --> 00:14:15.960 in twenty fifteen she made her press release pertinent to 206 00:14:16.320 --> 00:14:21.240 anticipated good faith litigation. When litigation is anticipated, it is 207 00:14:21.279 --> 00:14:25.759 incumbent on the party to preserve documents see Zubleocai versus 208 00:14:25.960 --> 00:14:31.039 ubs Warburg LLC two two zero FRD two one two 209 00:14:31.080 --> 00:14:34.279 two eighteen, SDN Y two thousand and three. Once a 210 00:14:34.360 --> 00:14:38.720 party reasonably anticipates litigation, it must ensure the preservation of 211 00:14:38.799 --> 00:14:44.440 relevant documents. Additionally, if Maxwell purposefully destroyed documents, in twenty fifteen. 212 00:14:44.759 --> 00:14:47.600 This court can instruct the jury to make an adverse 213 00:14:47.639 --> 00:14:51.600 inference against Maxwell or enter a default judgment in favor 214 00:14:51.679 --> 00:14:54.600 of Miss Roberts see Rule thirty seven E two b 215 00:14:54.759 --> 00:15:00.480 C Federal Rule SIVP. If electronically stored information that should 216 00:15:00.480 --> 00:15:03.320 have been preserved in the anticipation or a conduct of 217 00:15:03.399 --> 00:15:06.600 litigation is lost because a party failed to take reasonable 218 00:15:06.600 --> 00:15:09.399 steps to preserve it, and it cannot be restored or 219 00:15:09.440 --> 00:15:13.080 replaced through additional discovery, the court, upon finding that the 220 00:15:13.120 --> 00:15:16.159 party acted with the intent to deprive another party of 221 00:15:16.200 --> 00:15:19.559 the information use in the litigation, may instruct the jury 222 00:15:19.840 --> 00:15:23.399 that it may or must presume the information was unfavorable 223 00:15:23.480 --> 00:15:26.279 to the party, or dismiss the action or enter of 224 00:15:26.320 --> 00:15:30.200 the fault judgment. Similarly, Maxwell was served with a subpoena 225 00:15:30.840 --> 00:15:34.200 Deuces Techem on September twenty first, two thousand and nine, 226 00:15:34.480 --> 00:15:37.879 seeking her testimony in relation to Epstein's underage sex rank 227 00:15:38.240 --> 00:15:41.879 Seemacaulay declaration at Composite Exhibit eight, two thousand and nine 228 00:15:41.919 --> 00:15:47.080 subpoena issued to Maxwell. Maxwell avoided that deposition by falsely 229 00:15:47.200 --> 00:15:49.600 claiming to be out of the country. She was instead 230 00:15:49.639 --> 00:15:53.679 photographed at Chelsea Clinton's New York wedding see composite Exhibit eight. 231 00:15:54.200 --> 00:15:57.639 Pursuing to that subpoena, Maxwell was placed on notice that 232 00:15:57.679 --> 00:16:02.240 her documents were relevant depending litigation. All of these events 233 00:16:02.279 --> 00:16:05.440 triggering her duty to preserve documents center on Maxwell's role 234 00:16:05.600 --> 00:16:09.080 in Epstein's sex crimes. Therefore, all of the documents she 235 00:16:09.159 --> 00:16:13.159 had a duty to preserve are relevant to this litigation defended. 236 00:16:13.240 --> 00:16:16.440 Maxwell must produce these documents or explain to the court 237 00:16:16.600 --> 00:16:19.600 when and why they were destroyed. All right, we're gonna 238 00:16:19.600 --> 00:16:22.080 wrap up right there, and in the next episode dealing 239 00:16:22.080 --> 00:16:24.840 with this topic, we'll pick up where we left off. 240 00:16:25.240 --> 00:16:27.919 All of the information that goes with this episode can 241 00:16:27.960 --> 00:16:31.519 be found in the description box. What's up everyone, and 242 00:16:31.639 --> 00:16:35.200 welcome back to the Epstein Chronicles. In this episode, we're 243 00:16:35.240 --> 00:16:38.879 diving right back in to Virginia Roberts and her motion 244 00:16:39.279 --> 00:16:46.759 to have Maxwell produced documents subject to improper objection. Maxwell's 245 00:16:46.759 --> 00:16:52.759 specific objections fail Part C one request number one all 246 00:16:52.799 --> 00:16:57.240 documents relating to communications with Jeffrey Epstein from nineteen ninety 247 00:16:57.320 --> 00:17:01.840 nine to present a Maxwell's response. Maxwell objects to this 248 00:17:01.960 --> 00:17:04.839 request on the grounds that it is overly broad and 249 00:17:04.960 --> 00:17:08.359 unduly burdensome. And calls for the production of documents that 250 00:17:08.400 --> 00:17:12.039 are irrelevant to this action and not reasonably calculated to 251 00:17:12.119 --> 00:17:16.240 lead to the discovery of admissible evidence. Maxwell further objects 252 00:17:16.279 --> 00:17:19.279 to this request to the extent it seeks documents or 253 00:17:19.319 --> 00:17:23.920 information protected by the attorney client privilege, the work product doctrine, 254 00:17:24.079 --> 00:17:28.400 the common interest privilege, or any other applicable privilege subject 255 00:17:28.400 --> 00:17:32.400 to and without waiving the above objections, Maxwell is withholding 256 00:17:32.440 --> 00:17:37.359 documents outside of the relevant periods described in paragraph fifteen Supra, 257 00:17:37.720 --> 00:17:41.279 and is withholding production of documents that are privileged pursuant 258 00:17:41.440 --> 00:17:45.759 to a Common Interest Agreement B. Maxwell's objections fail. As 259 00:17:45.759 --> 00:17:50.000 the request seeks relevant discovery. Maxwell must produce documents for 260 00:17:50.039 --> 00:17:54.640 the entire relevant period as discussed above, Communications with convicted 261 00:17:54.640 --> 00:17:58.480 sex offender Jeffrey Epstein, for whom defendant Maxwell is alleged 262 00:17:58.519 --> 00:18:01.960 to have assisted him with actual trafficking activities, are of 263 00:18:02.000 --> 00:18:06.039 the highest relevance in this case and must be produced. Additionally, 264 00:18:06.119 --> 00:18:10.559 Maxwell has asserted an improper privilege with regard to these documents, 265 00:18:10.759 --> 00:18:14.319 which is addressed fully in Plaintiff's Motion to compel Foreign 266 00:18:14.400 --> 00:18:18.920 Proper Claims of Privilege two Request number three. All documents 267 00:18:18.960 --> 00:18:22.640 relating to communications with Andrew Albert Christian Edward, Duke of 268 00:18:22.720 --> 00:18:26.759 York aka Prince Andrew from nineteen ninety nine to the present. 269 00:18:27.240 --> 00:18:31.400 A Maxwell's response. Maxwell objects to this request on the 270 00:18:31.440 --> 00:18:34.039 grounds that it is overly broad and calls for the 271 00:18:34.079 --> 00:18:37.440 production of documents that are irrelevant to this action and 272 00:18:37.480 --> 00:18:41.559 not reasonably calculated to lead to the discovery of admissible evidence. 273 00:18:42.039 --> 00:18:45.319 Maxwell further objects to this request to the extent it 274 00:18:45.359 --> 00:18:49.519 seeks documents or information protected by the attorney client privilege, 275 00:18:49.640 --> 00:18:53.720 the work product doctrine, or any other applicable privilege. Maxwell 276 00:18:53.799 --> 00:18:57.519 also objects to this request to the extent it implicates 277 00:18:57.519 --> 00:19:00.640 her write to privacy, Gateway Logistics, and in C Corporated 278 00:19:00.920 --> 00:19:04.079 versus s May three O two p Dot three D 279 00:19:04.160 --> 00:19:08.640 two thirty five Colorado twenty thirteen fed Are Evidence five 280 00:19:08.640 --> 00:19:12.519 oh one, Subject two and without waiving the above objections, 281 00:19:12.880 --> 00:19:17.240 Maxwell will produce non privileged documents responsive to this request, 282 00:19:17.359 --> 00:19:21.839 limited to the relevant periods described in paragraph fifteen Supra 283 00:19:22.319 --> 00:19:26.440 and with private phone numbers and relevant information redacted. Maxwell 284 00:19:26.880 --> 00:19:30.599 is withholding production of documents outside of such relevant periods. 285 00:19:31.000 --> 00:19:36.599 B Maxwell's objections fail, as the request seeks relevant discovery. 286 00:19:36.680 --> 00:19:40.920 Defendant Maxwell's communications with Prince Andrew for the entire relevant 287 00:19:40.960 --> 00:19:45.000 period are relevant to this litigation. Maxwell is alleged to 288 00:19:45.039 --> 00:19:48.400 have traffic Miss Roberts to Prince Andrew when Miss Roberts 289 00:19:48.480 --> 00:19:51.519 was a minor. Indeed, there is photographic evidence of Prince 290 00:19:51.559 --> 00:19:54.920 Andrew with his arm around Virginia's waist standing next to 291 00:19:54.960 --> 00:19:59.519 Maxwell in Maxwell's London residence when Virginia was a minor child. 292 00:20:00.079 --> 00:20:02.759 In the other email Defendant did produce in response to 293 00:20:02.799 --> 00:20:06.359 the request for production, Maxwell instructs Prince Andrew to call 294 00:20:06.400 --> 00:20:10.160 me after Prince Andrew says he needs to speak about Virginia. 295 00:20:10.599 --> 00:20:14.359 Ce M. Macauley declaration at Exhibit nine. Miss Roberts is 296 00:20:14.480 --> 00:20:18.200 entitled to all the communications between Maxwell and Prince Andrew, 297 00:20:18.480 --> 00:20:22.160 not only to show the communications between them regarding her trafficking, 298 00:20:22.400 --> 00:20:26.559 but also possible communications between them that would establish Maxwell 299 00:20:27.200 --> 00:20:30.960 furnishing him with other females or discussing other individuals who 300 00:20:31.000 --> 00:20:34.839 may have been involved with this activity. Three Requests number 301 00:20:34.880 --> 00:20:38.440 six all documents relating to communication with any of the 302 00:20:38.440 --> 00:20:42.720 following individuals from nineteen ninety nine to the present. Emmy Taylor, 303 00:20:42.839 --> 00:20:46.759 Sarah Kellen, Eva Dubin, Glenn Dubin, Jean Luc Brunel, and 304 00:20:46.920 --> 00:20:52.279 Nadia Martinkova. Maxwell's response, Maxwell objects to this request on 305 00:20:52.319 --> 00:20:55.920 the grounds that it is overly broad, unduly burdensome, and 306 00:20:56.160 --> 00:20:59.759 or propounded for the improper purpose of annoying or harassing 307 00:20:59.799 --> 00:21:03.319 Max Maxwell. Maxwell further objects to this request on the 308 00:21:03.359 --> 00:21:06.440 grounds that it calls for the production of documents that 309 00:21:06.559 --> 00:21:10.160 are irrelevant to this action and not reasonably calculated to 310 00:21:10.279 --> 00:21:14.759 lead to the discovery of admissible evidence. Subject to and 311 00:21:14.799 --> 00:21:18.720 without waiving the above objections, Maxwell is withholding production of 312 00:21:18.920 --> 00:21:24.240 documents relating to communications with Nadia Marsenkova, Sarah Kellen, and 313 00:21:24.279 --> 00:21:27.079 any of A. Dubin that are outside the relevant periods 314 00:21:27.119 --> 00:21:31.200 described in paragraph fifteen Supra. Maxwell has been unable to 315 00:21:31.240 --> 00:21:35.599 locate any such documents relating to Miss marson Cova, Miss Kellen, 316 00:21:35.839 --> 00:21:40.119 Miss Dubin within the relevant periods. Maxwell has also been 317 00:21:40.160 --> 00:21:44.400 unable to locate any such documents responsive to this request 318 00:21:44.440 --> 00:21:47.759 relating to Glenn Dubin, Jean Luc Brunel, or Emmy Taylor 319 00:21:47.960 --> 00:21:52.839 for any time period b Maxwell's objections fail, as the 320 00:21:52.880 --> 00:21:57.640 request seeks relevant discovery. Miss Kellen was previously deposed regarding 321 00:21:57.720 --> 00:22:01.400 Jeffrey Epstein's under age sex ring. When asked about Maxwell's 322 00:22:01.440 --> 00:22:04.480 involvement in the sex trafficking, miss Kellen asserted or Fifth 323 00:22:04.519 --> 00:22:09.000 Amendment privilege and refused to answer. Miss Kellen's assertion implicates 324 00:22:09.000 --> 00:22:13.519 Maxwell in sex trafficking activity. Question would you agree with 325 00:22:13.519 --> 00:22:16.839 me that Maxwell provides underage girls for mister Epstein for 326 00:22:16.920 --> 00:22:20.359 sex Answer, upon the instruction of my lawyer, I must 327 00:22:20.359 --> 00:22:24.880 invoke my Fifth Amendment privilege Seemacauley declaration at Exhibit one, 328 00:22:25.279 --> 00:22:29.559 March twenty fourth, twenty ten. Deposition transcript of Sarah Kellen 329 00:22:29.799 --> 00:22:34.039 at one hundred and one oh three. Maxwell's communications with 330 00:22:34.119 --> 00:22:37.640 Miss Kellen at any time during the original relevant period 331 00:22:37.839 --> 00:22:40.960 are relevant to the sexual abuse suffered by Miss Roberts 332 00:22:41.000 --> 00:22:43.920 and others at the hands of Maxwell and should not 333 00:22:44.000 --> 00:22:48.200 be withheld. Moreover, flight logs demonstrate that Sarah Kellen and 334 00:22:48.319 --> 00:22:52.960 Maxwell flew together multiple times, including with Miss Roberts Seemacauley 335 00:22:53.000 --> 00:22:57.799 declaration at Exhibit four. Similarly, Nadia Marsenkova was a co 336 00:22:57.799 --> 00:23:01.839 conspirator of Maxwell and Epstein and communicated with them frequently, 337 00:23:02.119 --> 00:23:05.359 as evidence by the message pads law enforcement retrieved from 338 00:23:05.359 --> 00:23:10.880 Epstein's residence see McAuley declaration at Exhibit six. Nadia Marsenkova 339 00:23:11.200 --> 00:23:15.079 also traveled on Jeffrey Epstein's planes with Maxwell see McCauley 340 00:23:15.200 --> 00:23:20.039 declaration at exhibit four flight logs. Similarly, Emmy Taylor was 341 00:23:20.119 --> 00:23:23.720 Maxwell's assistant during this timeframe and also traveled on Jeffrey 342 00:23:23.759 --> 00:23:28.519 Epstein's planes with Miss Roberts see McAuley declaration at exhibit four. 343 00:23:29.079 --> 00:23:33.559 These communications are relevant for the entire original relevant period 344 00:23:33.799 --> 00:23:37.680 and Maxwell must produce them. Regarding Glenn and Eva Dubin, 345 00:23:37.799 --> 00:23:41.480 flight logs demonstrate that they also traveled on Epstein's planes 346 00:23:41.519 --> 00:23:45.880 with Maxwell. Maxwell has acknowledged having communications with Eva Dubin, 347 00:23:46.119 --> 00:23:49.119 but she is refusing to turn them over. Eva and 348 00:23:49.160 --> 00:23:53.279 Glenn regularly placed calls to Jeffrey Epstein and Maxwell, as 349 00:23:53.319 --> 00:23:57.640 evidence by police report trash pulls of message pads seamccauley 350 00:23:57.640 --> 00:24:02.559 declaration at exhibit six. Maxwell's communications with Glenn and Eva 351 00:24:02.599 --> 00:24:06.880 Dubin are relevant for the entire original relevant period and 352 00:24:06.920 --> 00:24:12.160 should all be produced. Four Request number seven all videotapes, 353 00:24:12.279 --> 00:24:16.480 audio tapes, photographs, any other rent or electronic media relating 354 00:24:16.519 --> 00:24:19.359 to females under the age of eighteen from the time 355 00:24:19.400 --> 00:24:23.759 period of nineteen ninety nine to the present Maxwell's response. 356 00:24:24.240 --> 00:24:27.079 Maxwell objects to this request on the grounds that it 357 00:24:27.119 --> 00:24:32.640 is overly broad, unduly burdensome, and propounded for the improper 358 00:24:32.680 --> 00:24:36.640 purpose of annoying or harassing Maxwell. Maxwell further objects to 359 00:24:36.680 --> 00:24:39.079 this request on the grounds that it calls for the 360 00:24:39.079 --> 00:24:42.400 production of documents that are irrelevant to this action and 361 00:24:42.440 --> 00:24:46.640 not reasonably calculated to lead to the discovery of admissible evidence. 362 00:24:47.319 --> 00:24:51.319 Subject to and without waiving the above objections, Maxwell has 363 00:24:51.400 --> 00:24:55.440 been unable to locate any documents responsive to this request 364 00:24:55.480 --> 00:24:58.920 which relate or pertain to Plaintiff or any of the 365 00:24:58.920 --> 00:25:04.359 witnesses identified Biplaintiff in her Rule twenty six disclosures. Maxwell 366 00:25:04.400 --> 00:25:08.160 is withholding production of other documents responsive to this request, 367 00:25:08.480 --> 00:25:14.079 including things like mainstream newspapers, magazines, videos, DVDs, or other media, 368 00:25:14.359 --> 00:25:18.559 or family photographs which contained depictions of female children, including 369 00:25:18.599 --> 00:25:24.039 Maxwell herself as a child. B Maxwell's objections fail, as 370 00:25:24.079 --> 00:25:27.880 the request seeks relevant discovery. To clarify, Miss Roberts is 371 00:25:27.920 --> 00:25:30.920 not seeking the depictions of children under the age of 372 00:25:30.960 --> 00:25:34.599 eighteen that may include Maxwell as a child or Maxwell's 373 00:25:34.640 --> 00:25:39.720 relatives as children, nor is Miss Roberts seeking mainstream images 374 00:25:40.000 --> 00:25:44.839 that are legally available, such as in mainstream newspapers, magazines, videos, 375 00:25:44.880 --> 00:25:49.400 or DVDs. Instead, Miss Roberts is seeking the depictions of 376 00:25:49.559 --> 00:25:54.079 underage girls possessed by Maxwell. For example, Alfredo Rodriguez, a 377 00:25:54.160 --> 00:25:58.160 former household manager for Epstein, testified that Maxwell kept images 378 00:25:58.440 --> 00:26:01.839 of naked girls on her personal computer whose identities are 379 00:26:01.880 --> 00:26:05.599 unknown to Miss Roberts. Question, did they appear to be 380 00:26:05.640 --> 00:26:10.279 doing anything sexual? Answer yes, ma'am. Question And in these 381 00:26:10.279 --> 00:26:13.480 instances were these girls doing sexual things with other girls? 382 00:26:14.079 --> 00:26:18.119 Answer yes, ma'am. Question, and I'm still talking about the 383 00:26:18.160 --> 00:26:24.359 pictures on Maxwell's computer. Answer yes, ma'am. Seemalcauley Declaration at 384 00:26:24.400 --> 00:26:29.519 Exhibit five, Alfredo Rodriguez, August seventh, two thousand and nine. Accordingly, 385 00:26:29.640 --> 00:26:32.880 Maxwell's depictions of females under the age of eighteen goes 386 00:26:32.920 --> 00:26:35.920 to Miss Roberts's claims of sexual abuse and should be 387 00:26:35.960 --> 00:26:40.480 produced for the entire original relevant period. These pictures would 388 00:26:40.559 --> 00:26:44.960 reveal which underage girls Maxwell was interacting with and photographing 389 00:26:45.039 --> 00:26:49.119 or videotaping, which is highly relevant to this case. Importantly, 390 00:26:49.200 --> 00:26:52.759 this request is not limited to depictions of Miss Roberts 391 00:26:52.839 --> 00:26:56.440 or the individuals in Miss Roberts Rule twenty six disclosures, 392 00:26:56.680 --> 00:27:01.440 as Maxwell tries to assert in her objection request numbers 393 00:27:01.440 --> 00:27:04.960 eight and thirty three, all documents relating to your travel 394 00:27:05.200 --> 00:27:08.480 from the period of nineteen ninety nine to present, including 395 00:27:08.480 --> 00:27:11.839 but not limited to, any travel on Jeffrey Epstein's planes, 396 00:27:11.960 --> 00:27:17.799 commercial flights, helicopters, passport records, records indicating passengers traveling with you, 397 00:27:18.119 --> 00:27:23.480 hotel records, and credit card receipts. Maxwell's response, Maxwell objects 398 00:27:23.519 --> 00:27:26.400 to this request on the grounds that it is overly broad, 399 00:27:26.640 --> 00:27:30.720 unduly burdensome, and or propounded for the improper purpose of 400 00:27:30.759 --> 00:27:35.279 annoying or harassing Maxwell. Maxwell further objects to this request 401 00:27:35.319 --> 00:27:38.079