1 00:00:00,200 --> 00:00:03,480 Speaker 1: What's up, everyone, and welcome back to the program. In 2 00:00:03,520 --> 00:00:06,240 this episode, we're going to dive into some core documents 3 00:00:06,440 --> 00:00:11,000 between Virginia Roberts and Prince Andrew, and this is going 4 00:00:11,039 --> 00:00:13,160 to give us a look behind the scenes at what 5 00:00:13,199 --> 00:00:16,399 the official narrative was and what the official argument was 6 00:00:16,760 --> 00:00:19,839 inside of those core documents that led to Prince Andrew 7 00:00:20,120 --> 00:00:24,760 settling with Virginia Roberts. So let's just dive in and 8 00:00:24,800 --> 00:00:29,519 get started with Part one. Case number twenty one dot 9 00:00:29,600 --> 00:00:37,200 CV DOT sixty seven two. Virginia Jeoffrey, Plaintiff against Prince Andrew, 10 00:00:37,320 --> 00:00:40,840 Duke of York in his personal capacity, also known as 11 00:00:40,880 --> 00:00:47,960 Andrew Albert Christian Edward the defendant. Plaintiff, Virginia Roberts. Jeoffrey 12 00:00:48,079 --> 00:00:51,159 brings this action against defendant Prince Andrew, Duke of York 13 00:00:51,479 --> 00:00:55,799 for battery and intentional infliction of emotional distress. In short, 14 00:00:55,920 --> 00:00:59,039 she alleges that the late Jeffrey Epstein and the others 15 00:00:59,079 --> 00:01:02,640 trafficker to Prince Andrew, who took advantage of her situation 16 00:01:03,079 --> 00:01:05,920 by sexually abusing her when she was under the age 17 00:01:05,920 --> 00:01:10,879 of eighteen. Defendant denies Miss Jeoffrey's allegations and attacks her 18 00:01:10,879 --> 00:01:15,159 credibility and motives. He asserts that she was complicit in 19 00:01:15,200 --> 00:01:19,200 Epstein's unlawful activities, but this is a motion to dismiss 20 00:01:19,519 --> 00:01:24,079 Miss Jeoffrey's complaint as legally insufficient, not to determine the 21 00:01:24,120 --> 00:01:28,840 truth or falsicity of charges in her complaint, and defendant 22 00:01:28,920 --> 00:01:32,200 relies mainly, although not exclusively, on a two thousand and 23 00:01:32,280 --> 00:01:36,319 nine agreement between Miss Joffrey and Epstein that settled a 24 00:01:36,359 --> 00:01:40,799 different lawsuit between Jeoffrey and Epstein that defendant now argues 25 00:01:40,879 --> 00:01:45,239 released him from any liability to Miss Jeoffrey. The fact 26 00:01:45,280 --> 00:01:47,879 that the defendant has brought the matter before the court 27 00:01:48,159 --> 00:01:51,640 on a motion to dismiss the complaint as legally insufficient 28 00:01:52,040 --> 00:01:55,879 is of central importance, as it is well known to lawyers, 29 00:01:55,920 --> 00:01:58,719 but perhaps not known to the lay public. The defendant, 30 00:01:58,719 --> 00:02:02,120 by making this motion, placed upon the court the unyielding 31 00:02:02,200 --> 00:02:04,840 duty to assume, for the purpose of this motion only 32 00:02:05,319 --> 00:02:08,319 the truth of all of the plaintiff's allegations, and to 33 00:02:08,479 --> 00:02:12,680 draw in Plaintiff's favor all inferences that reasonably may be 34 00:02:12,800 --> 00:02:16,719 drawn from those allegations. In consequence, the law prohibits the 35 00:02:16,759 --> 00:02:20,639 court from considering at this stage of the proceedings defendant's 36 00:02:20,639 --> 00:02:24,240 efforts to cast doubt on the truth of Miss Joffrey's allegations, 37 00:02:24,639 --> 00:02:27,599 even though his efforts would be permissible at a trial 38 00:02:28,280 --> 00:02:31,159 in a similar vein and for similar reasons. It's not 39 00:02:31,919 --> 00:02:34,439 open to the court now to decide, as a matter 40 00:02:34,479 --> 00:02:38,000 of fact just what the parties to the release in 41 00:02:38,039 --> 00:02:40,719 the two thousand and nine settlement agreement signed by Miss 42 00:02:40,840 --> 00:02:44,879 Joffrey and mister Epstein actually meant. As will appear more 43 00:02:44,919 --> 00:02:48,240 fully below, the court's job at this juncture is simply 44 00:02:48,280 --> 00:02:52,000 to determine whether there are two or more reasonable interpretations 45 00:02:52,199 --> 00:02:55,479 of that document. If there are, the determination of the 46 00:02:55,599 --> 00:03:01,800 right or controlling interpretation must await further proceedings. The facts, 47 00:03:02,280 --> 00:03:05,199 except as otherwise noted, The facts are drawn from Miss 48 00:03:05,280 --> 00:03:09,439 Jeoffrey's complaint. It bears repeating that its allegations are deemed 49 00:03:09,439 --> 00:03:12,800 true for purposes of this motion, whatever a trier of 50 00:03:12,919 --> 00:03:17,439 fact ultimately might decide at a trial. The Epstein sex 51 00:03:17,479 --> 00:03:23,000 trafficking scheme Plaintiff's allegations arise principally from a sex trafficking 52 00:03:23,039 --> 00:03:27,240 scheme orchestrated by the late sex offender Jeffrey Epstein, which 53 00:03:27,280 --> 00:03:31,680 by now has been publicized widely. According to Miss Joffrey's complaint, 54 00:03:31,680 --> 00:03:35,159 Epstein sexually abused more than thirty minor girls in the 55 00:03:35,240 --> 00:03:39,520 United States and overseas from about nineteen ninety nine two 56 00:03:39,520 --> 00:03:43,520 two thousand seven, in concert with paid employees and others, 57 00:03:43,759 --> 00:03:47,960 notably Glayne Maxwell, who recently was convicted in this district 58 00:03:48,360 --> 00:03:52,479 of sex trafficking in connection with the Epstein events, Epstein 59 00:03:52,560 --> 00:03:55,759 and others lured vulnerable young girls into a scheme for 60 00:03:55,800 --> 00:04:00,400 abuse for Epstein's own sexual gratification and for that of 61 00:04:00,439 --> 00:04:04,360 some of his powerful and wealthy friends. Epstein relied on 62 00:04:04,439 --> 00:04:08,960 Maxwell and others to identify and target vulnerable young girls 63 00:04:09,000 --> 00:04:13,680 in numerous settings, including schools, spas, trailer parks, and the street. 64 00:04:14,280 --> 00:04:17,720 Epstein's recruiters lured these girls into his orbit with the 65 00:04:17,800 --> 00:04:22,360 promise of what appeared to be legitimate massuse's positions. Once 66 00:04:22,439 --> 00:04:26,279 manipulated into returning to one of Epstein's residences, however, the 67 00:04:26,360 --> 00:04:29,519 girls were groomed for abuse by Epstein and others through 68 00:04:29,560 --> 00:04:34,199 displays of wealth, power and sexual imagery. Once initial sexual 69 00:04:34,199 --> 00:04:38,319 abuse had occurred, Epstein and Maxwell further manipulated the victims 70 00:04:38,480 --> 00:04:42,920 with a combination of promises, threats, and surveillance. At its height, 71 00:04:43,160 --> 00:04:48,319 Epstein's sexual abuse scheme, managed principally by Maxwell, was transcontinental. 72 00:04:48,800 --> 00:04:52,399 Using his private jet, Epstein traffick dozens of miners for 73 00:04:52,480 --> 00:04:56,360 sexual abuse at his New York mansion, his New Mexico ranch, 74 00:04:56,560 --> 00:04:59,519 his private island in the US Virgin Islands, his Palm 75 00:04:59,519 --> 00:05:03,199 Beach Floorlorida State, and elsewhere. In two thousand and eight, 76 00:05:03,319 --> 00:05:06,480 he pleaded guilty in Florida to procuring a miner for 77 00:05:06,519 --> 00:05:11,720 a prostitution. Again, according to Miss Jeoffrey's complaint, the defendant 78 00:05:11,879 --> 00:05:14,920 first met Epstein in nineteen ninety nine through the former's 79 00:05:14,920 --> 00:05:18,519 close friend, Glen Maxwell. Over the next several years, the 80 00:05:18,560 --> 00:05:22,920 defendant traveled with Epstein and Maxwell on Epstein's private plane 81 00:05:23,000 --> 00:05:26,399 and was a guest at Epstein's numerous homes, including the 82 00:05:26,399 --> 00:05:29,920 private island in the US Virgin Islands, Little Saint James, 83 00:05:29,959 --> 00:05:33,680 and properties in Palm Beach and New York City. Epstein 84 00:05:33,720 --> 00:05:37,439 and Maxwell were guests at the defendant's fortieth birthday party 85 00:05:37,480 --> 00:05:40,720 in two thousand, as well as at birthday parties that 86 00:05:40,800 --> 00:05:44,519 the defendant threw for Maxwell in Sandringham, United Kingdom in 87 00:05:44,560 --> 00:05:47,480 the same year. In two thousand and six, one month 88 00:05:47,560 --> 00:05:51,560 after the Florida State prosecutors charged Epstein with procuring a 89 00:05:51,560 --> 00:05:55,680 miner for prostitution. The defendant invited Epstein to the eighteenth 90 00:05:55,720 --> 00:05:59,439 birthday party of one of the defendant's daughters as recently 91 00:05:59,480 --> 00:06:03,399 as two thousand and therefore, after Epstein had done jail 92 00:06:03,439 --> 00:06:06,000 time in connection with the two thousand and six Florida 93 00:06:06,079 --> 00:06:09,600 charges and registered as a sex offender, the defendant was 94 00:06:09,639 --> 00:06:13,199 photographed with Epstein and State at Epstein's New York City mansion. 95 00:06:13,519 --> 00:06:19,279 Epstein recruits plaintiff Miss jeoffrey'skin plane continues. Maxwell recruited Miss 96 00:06:19,360 --> 00:06:23,240 Joffrey into Epstein's sex trafficking activities in two thousand, when 97 00:06:23,240 --> 00:06:26,360 Miss Joffrey was sixteen years old and employed at the 98 00:06:26,399 --> 00:06:29,879 Marralago Club in Palm Beach. Like other minor girls whom 99 00:06:29,920 --> 00:06:34,480 Epstein and Maxwell targeted, plaintiff initially was recruited to provide 100 00:06:34,519 --> 00:06:38,199 massages and thereafter to engage in a variety of sexual 101 00:06:38,240 --> 00:06:42,439 acts for Epstein. From two thousand through two thousand and two, 102 00:06:42,560 --> 00:06:46,439 plaintiff traveled frequently with Epstein, both within the United States 103 00:06:46,560 --> 00:06:50,920 and internationally on his private plane. In addition to being 104 00:06:50,959 --> 00:06:55,319 on call for Epstein for sexual purposes, plaintiff on other occasions, 105 00:06:55,639 --> 00:06:59,000 was lent out to other powerful men, including the defendant. 106 00:07:00,399 --> 00:07:05,000 The defendants alleged sexual abuse. The complaint alleges, and the Court, 107 00:07:05,120 --> 00:07:08,759 for present purposes is obliged to accept that the defendant 108 00:07:08,800 --> 00:07:11,600 sexually abused Miss Joffrey when she was under the age 109 00:07:11,639 --> 00:07:15,800 of eighteen years old. On one occasion, defendant allegedly forced 110 00:07:15,839 --> 00:07:18,680 plaintiff to have sex with them against her will, at 111 00:07:18,680 --> 00:07:22,879 Maxwell's home in London. Miss Joffrey's complaint includes a reproduction 112 00:07:23,079 --> 00:07:27,040 of a now widely published photograph of Miss Jeoffrey, Prince Andrew, 113 00:07:27,279 --> 00:07:30,600 and Maxwell at Maxwell's home, which plaintiff says was taken 114 00:07:30,839 --> 00:07:35,319 prior to that event. On another occasion, defendant allegedly abused 115 00:07:35,319 --> 00:07:38,920 Miss Joffrey during a visit to Epstein's private island, Little 116 00:07:38,920 --> 00:07:43,920 Saint James. Miss Joffrey alleges also that defendant abused her 117 00:07:44,079 --> 00:07:46,839 at Epstein's mansion on the Upper East Side of Manhattan, 118 00:07:47,079 --> 00:07:51,800 which lies within this judicial district. During that particular encounter, 119 00:07:51,920 --> 00:07:55,519 Maxwell force plaintiff, a child and another victim to sit 120 00:07:55,560 --> 00:07:59,439 on Prince Andrew's lap as Prince Andrew touched her. During 121 00:07:59,519 --> 00:08:02,399 this visit to New York, according to the complaint, the 122 00:08:02,439 --> 00:08:05,879 defendant forced Miss Joffrey to engage in sex acts against 123 00:08:05,920 --> 00:08:08,160 her will and was aware of both of her age 124 00:08:08,439 --> 00:08:12,199 and that she was coerced into a sex trafficking victim. 125 00:08:12,439 --> 00:08:16,519 In each of these encounters, Plaintiff alleges Epstein, Maxwell and 126 00:08:16,600 --> 00:08:20,319 the defendant compelled her to engage in sexual acts by 127 00:08:20,399 --> 00:08:25,000 express or implied threat. In consequence, Plaintiff feared death or 128 00:08:25,040 --> 00:08:29,399 physical injury to herself or another, among other repercussions, if 129 00:08:29,399 --> 00:08:34,200 she disobeyed. Miss Joffrey asserts the defendant's actions caused and 130 00:08:34,320 --> 00:08:38,639 continue to cause her significant emotional and psychological distress and 131 00:08:38,720 --> 00:08:43,840 harm the Florida State prosecution and the Federal non prosecution agreement. 132 00:08:44,440 --> 00:08:47,559 At this point, it's helpful and appropriate to refer to 133 00:08:47,679 --> 00:08:50,440 facts not alleged in the complaint in this case, but 134 00:08:50,519 --> 00:08:55,000 of which the court takes judicial notice. In July of 135 00:08:55,000 --> 00:08:58,320 two thousand and six, a Florida State grand jury indicted 136 00:08:58,360 --> 00:09:01,159 Epstein in a state court on a single count of 137 00:09:01,200 --> 00:09:06,720 felony solicitation of prostitution, which is the Florida State indictment 138 00:09:07,039 --> 00:09:10,279 as will appear. That charge remain pending until mid two 139 00:09:10,320 --> 00:09:14,039 thousand and eight. As previously noted. Defendant's motion in this 140 00:09:14,200 --> 00:09:17,320 case relies heavily on the two thousand and nine agreement 141 00:09:17,360 --> 00:09:21,080 between Epstein and Miss Joffrey, which already is before the 142 00:09:21,159 --> 00:09:24,120 Court as a matter of judicial notice the two thousand 143 00:09:24,120 --> 00:09:27,200 and nine agreement. The two thousand and nine agreement contains 144 00:09:27,200 --> 00:09:31,399 the following paragraph. The Court takes judicial notice only to 145 00:09:31,440 --> 00:09:33,720 the extent of the fact set fourth in this section 146 00:09:34,480 --> 00:09:37,600 of this opinion, and in this case documents for the 147 00:09:37,679 --> 00:09:40,679 existence of contents of the documents, but not for the 148 00:09:40,720 --> 00:09:45,720 truth of assertions the documents contained. Ce in reply to 149 00:09:45,960 --> 00:09:51,320 SKAT Tax Refund Scheme Litigation Number eighteen h CV DASH 150 00:09:51,399 --> 00:09:56,559 zero five zero five to three LAK twenty twenty WL 151 00:09:57,000 --> 00:10:02,440 seven four nine six two seven two z SDNWY December 152 00:10:02,440 --> 00:10:07,759 twenty one, twenty twenty. Indictment State versus Epstein Case number 153 00:10:07,919 --> 00:10:13,000 zero six DASH nine four five four cf. Florida Circuit Court, 154 00:10:13,200 --> 00:10:16,960 July nineteen, two thousand and six, Reprinted in the Department 155 00:10:17,000 --> 00:10:22,159 of Justice Office of Professional Responsibility Report investigation into the U. S. 156 00:10:22,200 --> 00:10:25,960 Attorney's Office for the Southern District of Florida's resolution of 157 00:10:26,000 --> 00:10:28,600 its two thousand and six two thousand and eight Federal 158 00:10:28,600 --> 00:10:33,000 Criminal investigation of Jeffrey Epstein and its interactions with victims 159 00:10:33,279 --> 00:10:38,720 during the investigation. Example one November twentieth, twenty twenty. The 160 00:10:38,759 --> 00:10:42,080 OPR report contains a great deal of information about how 161 00:10:42,080 --> 00:10:45,120 the NPA came to pass, but the Court does not 162 00:10:45,159 --> 00:10:48,320 take judicial notice of its statements or consider it in 163 00:10:48,360 --> 00:10:53,240 its deciding motion. The first and second parties further stipulate 164 00:10:53,360 --> 00:10:57,120 and agree that this settlement agreement is pursuant and is 165 00:10:57,200 --> 00:11:01,600 in fulfillment of Jeffrey Epstein's obligation to Virginia Roberts or 166 00:11:01,679 --> 00:11:06,639 Jeoffrey pursueant to and in conformity with a non prosecution agreement, 167 00:11:07,000 --> 00:11:11,279 its addendum and its affirmation between Jeffrey Epstein and the 168 00:11:11,399 --> 00:11:15,000 United States Attorney for the Southern District of Florida. Thus, 169 00:11:15,039 --> 00:11:18,279 the terms of the non prosecution Agreement the NPA may 170 00:11:18,320 --> 00:11:20,440 shed light on the meaning of the two thousand and 171 00:11:20,519 --> 00:11:24,960 nine agreement. The Court therefore takes judicial notice of the NPA, 172 00:11:25,200 --> 00:11:30,120 its addendum and affirmation for present purposes. The following terms 173 00:11:30,120 --> 00:11:34,279 of the NPA are of possible interests. Here one Epstein 174 00:11:34,320 --> 00:11:37,559 agreed to plead guilty to the Florida State indictment and 175 00:11:37,679 --> 00:11:40,960 to a state information charging him with the solicitation of 176 00:11:41,039 --> 00:11:45,559 miners to engage in prostitution. Two, the US Attorney's Office 177 00:11:45,600 --> 00:11:49,200 agreed to provide Epstein's attorneys with a list of individuals 178 00:11:49,399 --> 00:11:53,240 whom it had identified as victims as defined in US 179 00:11:53,279 --> 00:11:58,559 Code eighteen, section twenty two fifty five, and, in consultation 180 00:11:59,080 --> 00:12:02,799 within subjects to the good faith approval of Epstein's council, 181 00:12:03,600 --> 00:12:07,360 would select an attorney representative for these persons, who would 182 00:12:07,399 --> 00:12:12,720 be paid for by Epstein. Epstein's lawyers could contact the 183 00:12:12,799 --> 00:12:18,759 identified individuals through that representative. Three, Epstein agreed that if 184 00:12:18,799 --> 00:12:21,480 one or more of the individuals whom the government had 185 00:12:21,480 --> 00:12:26,639 identified as victims elected to sue Epstein under US Code eighteen, 186 00:12:26,759 --> 00:12:30,519 section twenty two fifty five, Epstein would not contest jurisdiction 187 00:12:30,879 --> 00:12:34,000 over him in the Florida Federal Court and would waive 188 00:12:34,080 --> 00:12:37,799 his right to contest his liability. In addition, he would 189 00:12:37,840 --> 00:12:40,799 waive his right to contest damages up to an amount 190 00:12:40,879 --> 00:12:45,120 as agreed to between the identified individual and Epstein, so 191 00:12:45,240 --> 00:12:49,799 long as the identified individual elected to proceed exclusively under 192 00:12:50,159 --> 00:12:54,120 US Code eighteen, section twenty two fifty five and agree 193 00:12:54,120 --> 00:12:58,440 to waive any other claim for damages, whether pursuant to state, federal, 194 00:12:58,639 --> 00:13:03,120 or common law. Epstein's waivers, however, would not apply to 195 00:13:03,200 --> 00:13:06,399 anyone who had not been identified by the government as 196 00:13:06,399 --> 00:13:10,279 a victim, or having been so identified, did not proceed 197 00:13:10,320 --> 00:13:14,559 exclusively under US Code eighteen, section twenty two to fifty 198 00:13:14,559 --> 00:13:18,879 five four. The US Attorney's Office agreed that it would 199 00:13:18,960 --> 00:13:23,519 not prosecute Epstein nor institute any criminal charges against any 200 00:13:23,559 --> 00:13:27,320 potential co conspirators of Epstein, including but not limited to, 201 00:13:27,799 --> 00:13:32,159 for specifically identified persons, if Epstein pleaded guilty to the 202 00:13:32,200 --> 00:13:36,919 Florida charges and otherwise discharged his obligations under the NPA. 203 00:13:37,720 --> 00:13:42,240 The NPA bears signatures dated variously in late September and 204 00:13:42,360 --> 00:13:45,440 in October of two thousand and seven. Miss Jeffreys can 205 00:13:45,440 --> 00:13:49,279 Plan alleges that Epstein pled guilty to the Florida information 206 00:13:49,679 --> 00:13:53,600 and presumably the indictment in two thousand and eight. All right, 207 00:13:53,639 --> 00:13:55,559 we're going to wrap up part one there, and in 208 00:13:55,639 --> 00:13:58,240 the next episode we're going to pick up with part two. 209 00:13:58,879 --> 00:14:01,440 All of the information that go with this episode can 210 00:14:01,480 --> 00:14:05,320 be found in the description box. What's up, everyone, and 211 00:14:05,480 --> 00:14:09,879 welcome back to the Epstein Chronicles. In this episode, we're 212 00:14:09,879 --> 00:14:12,440 gonna pick up right where we left off with the 213 00:14:12,480 --> 00:14:16,919 opinion from Judge Kaplan in the Prince Andrew and Virginia 214 00:14:17,120 --> 00:14:23,240 Roberts aka Virginia Jeoffrey lawsuit, So let's just get right 215 00:14:23,279 --> 00:14:28,279 back to it. Miss Jeoffrey's Florida suit against Epstein. In 216 00:14:28,320 --> 00:14:31,399 May of two thousand and nine, while Epstein was incarcerated 217 00:14:31,600 --> 00:14:34,279 in Palm Beach County, Florida, as a result of his 218 00:14:34,320 --> 00:14:38,320 guilty plea to the Florida state charges, Miss Joffrey sued 219 00:14:38,320 --> 00:14:41,519 Epstein in the United States District Court for the Southern 220 00:14:41,519 --> 00:14:45,639 District of Florida the Florida Case under US Code eighteen, 221 00:14:45,840 --> 00:14:49,159 Section twenty two fifty five, as an alleged victim of 222 00:14:49,200 --> 00:14:55,440 Epstein's alleged federal sex trafficking, sexual exploitation, and child pornography offenses. 223 00:14:55,960 --> 00:14:59,600 Her complaint asserted that Epstein and Epstein's adult male peers, 224 00:15:00,000 --> 00:15:07,120 including royalty politicians, academics, businessmen, and other professionals and personal acquaintances, 225 00:15:07,120 --> 00:15:11,720 had sexually exploited her. Miss Jeoffrey and Epstein entered into 226 00:15:11,720 --> 00:15:15,480 the two thousand and nine agreement entitled Settlement Agreement and 227 00:15:15,639 --> 00:15:20,480 General Release pursuant to which Jeoffrey voluntarily dismissed her action 228 00:15:20,559 --> 00:15:24,480 against Epstein in exchange for five hundred thousand dollars. The 229 00:15:24,519 --> 00:15:28,600 defendant argues that Miss Joffrey's claims against him are barred 230 00:15:28,639 --> 00:15:31,279 by the terms of the two thousand and nine agreement. 231 00:15:31,600 --> 00:15:36,600 The federal criminal case against Epstein. On July second, twenty nineteen, 232 00:15:36,919 --> 00:15:39,840 a grand jury in this district indicted Epstein for an 233 00:15:39,840 --> 00:15:44,200 alleged sex trafficking conspiracy and the substantiative crime of sex 234 00:15:44,279 --> 00:15:49,759 trafficking in violation of Code eighteen, Section fifteen ninety one. 235 00:15:49,840 --> 00:15:53,639 He was arrested on July eighth, twenty nineteen. On August tenth, 236 00:15:53,679 --> 00:15:56,919 twenty nineteen, Epstein was found dead in his cell at 237 00:15:56,960 --> 00:16:01,639 the Metropolitan Correctional Center two thousand and nine agreement. The 238 00:16:01,639 --> 00:16:04,600 two thousand and nine agreement is the crux of Defendant's motion. 239 00:16:05,159 --> 00:16:09,600 It contains six and the fraction pages of substantiative text, 240 00:16:09,639 --> 00:16:15,559 consisting of nine individually labeled provisions. These are an agreement 241 00:16:15,799 --> 00:16:19,399 to dismiss the Florida case. Section one A one and 242 00:16:19,440 --> 00:16:23,559 a half one half page provision, caption general release that 243 00:16:23,679 --> 00:16:27,879 contains additional covenants beyond the releasing language. Section two A 244 00:16:27,919 --> 00:16:33,799 payment Section Section three a confidentiality provision, Section four, covenants 245 00:16:33,799 --> 00:16:38,159 dealing with maintaining Miss Jeoffrey's anonymity, Section five, a no 246 00:16:38,320 --> 00:16:42,279 contact covenant, Section six, a provision relating to govern in 247 00:16:42,360 --> 00:16:46,440 law an enforcement of the agreement, Section seven, A clause 248 00:16:46,480 --> 00:16:50,600 concerning attorneys fees Section eight, and a collection of miscellaneous 249 00:16:50,799 --> 00:16:55,399 provisions Section nine. A number of these provisions bear importantly 250 00:16:55,720 --> 00:16:59,039 on the resolution of this motion, and are discussed in 251 00:16:59,080 --> 00:17:01,720 detail below, so there is no need to quote or 252 00:17:01,799 --> 00:17:05,200 summarize them in great detail here. Suffice it to say, 253 00:17:05,279 --> 00:17:08,920 by the way of introduction, that this motion raises two 254 00:17:09,000 --> 00:17:12,799 pivotal issues regarding the two thousand and nine Agreement. Whether 255 00:17:12,880 --> 00:17:16,119 the two thousand and nine agreement demonstrates that its releasing 256 00:17:16,240 --> 00:17:20,839 language in section two unambiguously applies to this defendant, and 257 00:17:21,039 --> 00:17:23,920 if so, whether the defendant, who is not a party 258 00:17:24,039 --> 00:17:27,920 two nor mentioned in the agreement, is entitled to invoke it. 259 00:17:28,440 --> 00:17:30,759 The two thousand and nine Agreement is far from a 260 00:17:30,799 --> 00:17:34,279 model of clear and precise drafting. Both sides agree that 261 00:17:34,319 --> 00:17:37,720 mister Epstein and Miss Joffrey agreed to its language, it 262 00:17:37,839 --> 00:17:40,359 must have meant something to them, But Miss Joffrey and 263 00:17:40,400 --> 00:17:44,000 the defendant in this case disagree emphatically as to what 264 00:17:44,079 --> 00:17:49,039 it meant with respect to both issues. The discussion one 265 00:17:49,200 --> 00:17:51,880 dismissal on the basis of the two thousand and nine 266 00:17:51,880 --> 00:17:56,400 agreement is not justified. On this motion a legal principles 267 00:17:56,680 --> 00:18:02,319 one materials properly considered, the defendant moves to dismiss pursuing 268 00:18:02,400 --> 00:18:06,359 to Rule twelve B six. As noted previously, the Court, 269 00:18:06,400 --> 00:18:09,960 in this posture must accept as true all well pleaded 270 00:18:10,079 --> 00:18:15,160 factual allegations in the complaint and draw all reasonable inferences 271 00:18:15,359 --> 00:18:17,279 that can be drawn from them in the light of 272 00:18:17,319 --> 00:18:21,039 the most favorable to the plaintiff, with limited exceptions. This 273 00:18:21,160 --> 00:18:24,279 motion must be decided solely on the basis of the 274 00:18:24,319 --> 00:18:29,559 allegations of the complaint, without regard to any extraneous claims 275 00:18:29,599 --> 00:18:33,359 or materials. The two thousand and nine agreement neither appears 276 00:18:33,400 --> 00:18:37,160 in nor is referred to, in the complaint, but the 277 00:18:37,200 --> 00:18:42,480 copy before the Court concededly is authentic. Its wording, as 278 00:18:42,519 --> 00:18:46,160 distinguished from its legal effect, is undisputed, and the Court 279 00:18:46,200 --> 00:18:51,319 consequently has taken judicial notice of it. Moreover, notwithstanding the 280 00:18:51,400 --> 00:18:54,440 general rule that an affirmative defense is not considered at 281 00:18:54,440 --> 00:18:57,319 this stage of the litigation, such a defense may be 282 00:18:57,440 --> 00:19:00,440 raised by a pre aanswer motion to dismiss on Rule 283 00:19:00,599 --> 00:19:03,799 twelve B six if the defense appears on the face 284 00:19:03,839 --> 00:19:06,559 of the complaint, and while the defendant's argument does not 285 00:19:06,680 --> 00:19:10,000 rest on the face of the complaint. Here that is 286 00:19:10,039 --> 00:19:12,799 a distinction without a difference. In light of the fact 287 00:19:13,000 --> 00:19:15,480 that the wording of the two thousand and nine agreement, 288 00:19:15,720 --> 00:19:19,640 again as distinguished from its legal effect, is accepted by 289 00:19:19,680 --> 00:19:25,160 both parties. Accordingly, the Court considers Defendant's argument two governing law. 290 00:19:26,000 --> 00:19:28,680 The two thousand and nine agreement provides that it shall 291 00:19:28,720 --> 00:19:31,000 be governed by the laws of the state of Florida. 292 00:19:31,319 --> 00:19:35,319 The parties agree Accordingly, the Court applies Florida law to 293 00:19:35,359 --> 00:19:38,680 the two pivotal questions that bear on the defendant's release. 294 00:19:38,799 --> 00:19:43,240 Argument B. Analysis of the two thousand and nine agreement one, 295 00:19:43,640 --> 00:19:47,519 whether the defendant is among the purportedly released persons. We 296 00:19:47,640 --> 00:19:50,799 begin by focusing on the first two pages of the 297 00:19:50,839 --> 00:19:54,319 two thousand and nine agreement, which contains sections one and two. 298 00:19:55,160 --> 00:19:59,000 Section one contains the agreement of plaintiff and Jeffrey Epstein 299 00:19:59,200 --> 00:20:02,359 to dismiss plaint gives Florida case upon receipt of a 300 00:20:02,400 --> 00:20:06,920 monetary payment. Section two, which occupies one and one half 301 00:20:07,119 --> 00:20:11,559 typewritten pages contains, among other things, language by which first 302 00:20:11,599 --> 00:20:15,720 parties generally Miss Joffrey and some others released second parties, 303 00:20:15,960 --> 00:20:19,960 generally Epstein and some others, and any other person or 304 00:20:20,119 --> 00:20:23,480 entity who could have been included as a potential defendant 305 00:20:23,799 --> 00:20:27,960 other potential defendants from all and all manner of claims 306 00:20:28,160 --> 00:20:32,240 that said first parties ever had or may have against Jeffrey, 307 00:20:32,240 --> 00:20:36,880 Epstein or other potential defendants. The defendant insists that he 308 00:20:37,000 --> 00:20:40,720 was among the other potential defendants and therefore was released 309 00:20:40,720 --> 00:20:44,720 by Miss Jeoffrey from all and all manner of claims 310 00:20:44,759 --> 00:20:48,400 that she ever had against him. Miss Jeoffrey maintains, with 311 00:20:48,519 --> 00:20:52,039 equal adamancy that she was not among the other potential 312 00:20:52,039 --> 00:20:54,920 defendants that the parties to the two thousand and nine 313 00:20:54,960 --> 00:20:59,480 agreement had in mind. The basic principles of Florida law 314 00:20:59,599 --> 00:21:02,880 that govern in this aspect of the party's dispute are clear. 315 00:21:03,359 --> 00:21:08,079 Unless contract language is unambiguous and free of conflicting inferences, 316 00:21:08,400 --> 00:21:12,000 ambiguity must be resolved as the question of fact. In 317 00:21:12,039 --> 00:21:15,039 other words, unless the terms of an agreement leave no 318 00:21:15,160 --> 00:21:19,680 reasonable doubt about the intent of the contracting parties, The 319 00:21:19,799 --> 00:21:23,559 ambiguity must be resolved by the trier of fact ordinarrowly 320 00:21:23,599 --> 00:21:26,799 a trial jury. The court may not resolve any such 321 00:21:26,839 --> 00:21:30,839 ambiguity on a motion to dismiss the complaint. Whether a 322 00:21:30,920 --> 00:21:35,880 contract is ambiguous is a question of law, specifically, whether 323 00:21:36,200 --> 00:21:39,759 the agreement in whole, or by its terms and conditions, 324 00:21:40,079 --> 00:21:45,480 is reasonably susceptible to more than one interpretation. That is 325 00:21:45,480 --> 00:21:49,519 so even where both sides insist that language is unambiguous 326 00:21:49,680 --> 00:21:53,720 but ascribe materially different meanings to it. In this case, 327 00:21:53,759 --> 00:21:57,279 everyone agrees that the phrase could have been included as 328 00:21:57,319 --> 00:22:01,640 a potential defendant other potential defendant must mean something. No 329 00:22:01,759 --> 00:22:04,440 doubt that it is so, nor is there much doubt 330 00:22:04,680 --> 00:22:09,400 that better drafting probably could have eliminated any uncertainty as 331 00:22:09,440 --> 00:22:12,160 to the meaning. In fact, however, the meaning of the 332 00:22:12,200 --> 00:22:15,480 phrase is far from self evident. For a number of reasons. 333 00:22:16,000 --> 00:22:19,000 We perhaps should begin with a question of what was 334 00:22:19,079 --> 00:22:22,759 meant by could have been included as a potential defendant, 335 00:22:23,119 --> 00:22:26,119 as opposed to could have been included as a defendant. 336 00:22:26,559 --> 00:22:29,319 One might suppose that whether one was or could have 337 00:22:29,359 --> 00:22:32,799 been included as a defendant not included as a potential 338 00:22:32,880 --> 00:22:38,000 defendant is clear enough, although even that seemingly simple supposition, 339 00:22:38,279 --> 00:22:41,200 as we will see, is not accurate in the context 340 00:22:41,279 --> 00:22:44,519 of this case. But the concept of inclusion as a 341 00:22:44,559 --> 00:22:48,880 potential defendant is even less capable of a definition if 342 00:22:48,920 --> 00:22:51,720 the quoted language from section two of the two thousand 343 00:22:51,759 --> 00:22:54,400 and nine agreement, that is, the phrase could have been 344 00:22:54,400 --> 00:22:58,359 included as a potential defendant was intended to mean someone 345 00:22:58,519 --> 00:23:01,039 who was not actually a defendant when the two thousand 346 00:23:01,039 --> 00:23:03,559 and nine agreement was signed, but who might have been 347 00:23:03,720 --> 00:23:07,720 a defendant previously. If the plaintiff had named him or 348 00:23:07,759 --> 00:23:10,920 her as an actual defendant, then the word potential would 349 00:23:10,960 --> 00:23:15,240 be entirely superfluous. That is so because the language would 350 00:23:15,279 --> 00:23:18,799 mean exactly the same thing or without the word potential. 351 00:23:19,200 --> 00:23:22,759 Put another way, the phrase under consideration would mean exactly 352 00:23:22,759 --> 00:23:26,640 the same thing, even if one deleted the word potentially entirely. 353 00:23:27,599 --> 00:23:31,119 It is a basic rule of contractual construction that a 354 00:23:31,160 --> 00:23:34,680 contract should be constructed whenever possible, in a manner that 355 00:23:34,720 --> 00:23:38,880 gives meaning to every word and phrase. The presumption is 356 00:23:38,920 --> 00:23:42,440 that contracting parties do not include words or phrases for 357 00:23:42,480 --> 00:23:46,759 no purpose. Nevertheless, the parties have briefed this matter as 358 00:23:46,799 --> 00:23:50,039 if the word potential were not in the agreement at all, 359 00:23:50,440 --> 00:23:53,200 and as the Court sees no other appropriate course, it 360 00:23:53,240 --> 00:23:55,720 will do so. As well, it sees no way to 361 00:23:55,759 --> 00:23:59,079 construe it in a manner that would give non redundant 362 00:23:59,079 --> 00:24:02,720 meaning to the word potential. So we come to the 363 00:24:02,839 --> 00:24:05,400 question of what was meant by the phrase could have 364 00:24:05,440 --> 00:24:08,880 been included as a defendant? At one level, of course, 365 00:24:08,960 --> 00:24:12,720 literally anyone could have been included as a defendant. If 366 00:24:12,720 --> 00:24:15,640 the plaintiff had wished to include someone else, anyone else 367 00:24:15,920 --> 00:24:19,160 as a defendant, she easily could have done so. Someone 368 00:24:19,240 --> 00:24:22,400 can be included as a defendant in a lawsuit simply 369 00:24:22,440 --> 00:24:25,960 by including that person's name in the caption of a complaint. 370 00:24:26,640 --> 00:24:30,079 Nothing else is required, But neither party takes that position, 371 00:24:30,319 --> 00:24:33,039 despite the fact it would be consistent with the literal 372 00:24:33,119 --> 00:24:36,680 terms of the two thousand and nine agreement. Rather, defendant 373 00:24:36,799 --> 00:24:39,599 argues that he could have been included as a potential 374 00:24:39,599 --> 00:24:42,880 defendant in the Florida case because Miss Joffrey made a 375 00:24:42,920 --> 00:24:46,519 general reference to Royalty in her Florida complaint, even though 376 00:24:46,519 --> 00:24:49,480 it did not name Prince Andrew as a defendant, nor 377 00:24:49,559 --> 00:24:54,720 even mention his name. Plaintiff rejoins that Prince Andrew could 378 00:24:54,799 --> 00:24:57,480 not have been included as a defendant in the Florida 379 00:24:57,559 --> 00:25:00,880 case because one, he was not subject to a personal 380 00:25:00,920 --> 00:25:04,480 jurisdiction there and two in any case, the claims that 381 00:25:04,559 --> 00:25:07,680 plaintiff brought against Apstein and the Florida case were based 382 00:25:07,680 --> 00:25:12,119 solely on US Code eighteen, Section twenty two to fifty five, 383 00:25:12,480 --> 00:25:15,559 which created a federal civil cause of action in favor 384 00:25:15,759 --> 00:25:19,599 of anyone who while a minor was injured in consequence 385 00:25:19,599 --> 00:25:23,799 of a violation of any of several federal criminal statutes. 386 00:25:24,200 --> 00:25:27,000 As to the latter, she contends that Prince Andrew could 387 00:25:27,000 --> 00:25:30,279 not have been sued in Florida case under any of 388 00:25:30,319 --> 00:25:33,920 the section twenty two to fifty five predicate statutes because 389 00:25:33,960 --> 00:25:37,880 there was no basis for doing so. The party's respective 390 00:25:37,920 --> 00:25:42,039 position show that they agree that the release language, i e. 391 00:25:42,160 --> 00:25:45,559 The phrase could have been included as a defendant applies 392 00:25:45,599 --> 00:25:48,000 only if there is a nexus between the person in 393 00:25:48,079 --> 00:25:51,640 question and the claim Miss Jeoffrey made against Abstein in 394 00:25:51,680 --> 00:25:55,519 the Florida case. They disagree, however, as to the nature 395 00:25:55,559 --> 00:25:59,680 of the requisite nexus. The defendant argues that the nexus 396 00:25:59,759 --> 00:26:02,720 is the applied by plaintiff's complaint in the Florida case. 397 00:26:03,559 --> 00:26:06,359 It charged Jeffrey Epstein to quote the defendant in this 398 00:26:06,480 --> 00:26:10,519 case with sex trafficking and sexual abuse. It alleged that 399 00:26:10,559 --> 00:26:15,279 girls whom Epstein trafficked were abused by others, including unspecified royalty. 400 00:26:16,160 --> 00:26:20,880 That defendant submits is enough. From the plaintiff's standpoint, Defendant's 401 00:26:20,920 --> 00:26:24,799 position is too extreme, As noted, the Florida complaint did 402 00:26:24,839 --> 00:26:29,400 not mention Prince Andrew. Moreover, Miss Joffrey argues in substance 403 00:26:29,440 --> 00:26:32,720 that one could have been included as a defendant only 404 00:26:32,960 --> 00:26:35,119 if that could have been done on the same basis 405 00:26:35,359 --> 00:26:38,400 as the claim in the Florida case was made against Epstein, 406 00:26:39,000 --> 00:26:41,720 violation of one or more of the section twenty two 407 00:26:41,839 --> 00:26:46,279 fifty five predicate criminal statutes, and even then two only 408 00:26:46,319 --> 00:26:48,920 if that person would have been subject to the personal 409 00:26:49,000 --> 00:26:52,640 jurisdiction of the Florida Court. Yet there is no basis 410 00:26:52,799 --> 00:26:55,799 for concluding that defendant would have been subject to the 411 00:26:55,839 --> 00:26:59,799 personal jurisdiction of the Florida Court. Nothing in Miss Jeoffrey's 412 00:26:59,839 --> 00:27:03,880 Florida complaint indicates that the defendant violated any of the 413 00:27:03,920 --> 00:27:07,279 section twenty two to fifty five predicates, nor is it 414 00:27:07,359 --> 00:27:11,759 reference to royalty sufficient remedy this absence, The crux of 415 00:27:11,759 --> 00:27:14,880 the Florida case was that Epstein harm Miss Joffrey by 416 00:27:14,920 --> 00:27:18,559 trafficking her for sex with himself and with others. Indeed, 417 00:27:18,559 --> 00:27:22,359 Defendant's council made clear at oral arguments his view that 418 00:27:22,400 --> 00:27:25,920 the complaint against Epstein was that Epstein traffic Miss Joffrey 419 00:27:26,079 --> 00:27:29,319 to a number of individuals, forced her into sex slavery, 420 00:27:29,559 --> 00:27:32,279 and forced her to have sex or be sexually abused 421 00:27:32,519 --> 00:27:37,079 by many people, including members of academia, including businessmen, and 422 00:27:37,119 --> 00:27:40,319 the category of royalty. There is no suggestion in the 423 00:27:40,319 --> 00:27:44,680 Florida case that this defendant was himself engaged in sex trafficking. 424 00:27:45,440 --> 00:27:49,480 In considering whether the only reasonable interpretation of the phrase 425 00:27:49,519 --> 00:27:53,359 could have been included as a defendant is one advanced 426 00:27:53,359 --> 00:27:56,880 by the defendant, ie that it would be inherently be 427 00:27:57,039 --> 00:28:01,319 unreasonable to construe that phrase as referring only to persons 428 00:28:01,440 --> 00:28:04,039 who could have been sued in the Florida case on 429 00:28:04,279 --> 00:28:07,799 essentially the same theory as was Epstein, and over whom 430 00:28:07,799 --> 00:28:11,839 the Florida Court could have exercised personal jurisdiction. It is 431 00:28:11,880 --> 00:28:15,480 helpful also to consider the context in which the two 432 00:28:15,519 --> 00:28:18,720 thousand and nine agreement was signed to the extent context 433 00:28:18,720 --> 00:28:21,799 can be ascertained on the present record. Of course, we 434 00:28:21,880 --> 00:28:24,759 do not know what, if anything, went through the party's 435 00:28:24,799 --> 00:28:28,000 minds with respect to the specific terms of the two 436 00:28:28,039 --> 00:28:32,200 thousand and nine agreement. Hypothetically, we can imagine that someone 437 00:28:32,240 --> 00:28:35,240 in Epstein's position might have thought at the time this 438 00:28:35,400 --> 00:28:38,599 agreement to settle the Florida case was made. At least 439 00:28:38,640 --> 00:28:41,400 some of the goals of such a person presumably would 440 00:28:41,400 --> 00:28:43,960 have been to end the Florida case, to gain as 441 00:28:44,039 --> 00:28:47,960 much protection for himself as he could against involvement in 442 00:28:48,119 --> 00:28:51,279 similar litigation in the future, and to do so for 443 00:28:51,359 --> 00:28:55,319 an acceptable price. In other words, a possible concern could 444 00:28:55,319 --> 00:28:58,960 have been that one Miss Joffrey, having settled with Epstein, 445 00:28:59,160 --> 00:29:02,119 would sue someone else else two, who in turn might 446 00:29:02,160 --> 00:29:05,720 make a claim against Epstein, a a claim over based 447 00:29:05,759 --> 00:29:08,839 on a contention that Epstein should bear or at least 448 00:29:08,880 --> 00:29:12,599 contribute to, any liability that person might be found to 449 00:29:12,640 --> 00:29:16,119 have to Miss Joffrey. Obtaining a release from Miss Joffrey 450 00:29:16,200 --> 00:29:19,480 of claims against such a person therefore could eliminate the 451 00:29:19,519 --> 00:29:23,839 possibility of a claim over against Epstein. But the objectives 452 00:29:23,839 --> 00:29:26,960 of one in Epstein's position were unlikely to have been 453 00:29:27,000 --> 00:29:31,880 shared by other contracting party. An individual in Miss Jeoffrey's position, 454 00:29:32,279 --> 00:29:35,960 and that matters. The goals of one in Miss Joffrey's 455 00:29:35,960 --> 00:29:39,599 position hypothetically could have included getting as much money as 456 00:29:39,640 --> 00:29:42,480 she could for settling the case and keeping as much 457 00:29:42,480 --> 00:29:45,960 of her freedom to go after other alleged wrongdoers as 458 00:29:45,960 --> 00:29:49,119 she could while still getting an acceptable sum of money. 459 00:29:49,680 --> 00:29:52,559 Limiting the release language to persons who could have been 460 00:29:52,599 --> 00:29:55,480 sued in a particular court on a particular type of 461 00:29:55,519 --> 00:29:59,359 claim could secure that freedom to a substantial degree. The 462 00:29:59,440 --> 00:30:02,680 logic of the situation thus suggests that the parties to 463 00:30:02,759 --> 00:30:06,079 the two thousand and nine agreement had competing goals, and 464 00:30:06,160 --> 00:30:09,680 the muddled release language that they agreed upon suggests that 465 00:30:09,720 --> 00:30:12,559 they may have arrived at something of a middle ground, 466 00:30:13,200 --> 00:30:17,480 a release extending not as broadly as Epstein ideally may 467 00:30:17,519 --> 00:30:20,599 have wanted, and somewhat more broadly than what would have 468 00:30:20,640 --> 00:30:24,599 been best case outcome for Ms. Joffrey. Moreover, it would 469 00:30:24,599 --> 00:30:29,279 not be unreasonable to recognize, among other considerations, that the 470 00:30:29,319 --> 00:30:32,480 settlement amount may have been affected by the views of 471 00:30:32,519 --> 00:30:36,720 both parties concerning the terms of the release. Epstein perhaps 472 00:30:36,880 --> 00:30:39,440 would not have been willing to pay a price demanded 473 00:30:39,480 --> 00:30:43,279 for the broadest possible release of other persons, or short 474 00:30:43,279 --> 00:30:47,319 of that clearer language. Concerning the nexus between other potential 475 00:30:47,359 --> 00:30:52,000 defendants and claims in the Florida case, there are additional 476 00:30:52,039 --> 00:30:56,880 considerations supporting the reasonableness of plaintiff's interpretation of the phrase 477 00:30:57,119 --> 00:31:00,200 could have been included as a defendant. For one thing, 478 00:31:00,359 --> 00:31:03,720 the Florida case was brought in a federal court. The 479 00:31:03,759 --> 00:31:07,480 sole alleged basis of federal jurisdiction was section twenty two 480 00:31:07,519 --> 00:31:11,079 to fifty five of Title eighteen of the United States Code, 481 00:31:11,200 --> 00:31:15,519 which confers subject matter jurisdiction on federal courts only with 482 00:31:15,640 --> 00:31:20,000 respect to claims based on alleged violations of certain federal 483 00:31:20,039 --> 00:31:23,920 criminal statutes. The complaint in the Florida case specifically alleged 484 00:31:23,960 --> 00:31:27,839 that Epstein had committed a number of such violations, but 485 00:31:27,960 --> 00:31:31,640 at nowhere alleges that this defendant committed any. It's not 486 00:31:31,759 --> 00:31:34,279 clear that a claim in the Florida case against this 487 00:31:34,400 --> 00:31:37,799 defendant would have been within the subject matter jurisdiction of 488 00:31:37,839 --> 00:31:41,720 the Florida court, even on a co conspirator or supplemental 489 00:31:41,799 --> 00:31:46,839 jurisdiction theory. It is questionable also whether the Florida court 490 00:31:47,200 --> 00:31:51,640 could have exercised personal jurisdiction over this defendant even assuming 491 00:31:51,640 --> 00:31:55,799 the subject matter jurisdiction existed. All right, folks, we're gonna 492 00:31:55,799 --> 00:31:58,039 wrap up with part two here and in the next 493 00:31:58,039 --> 00:32:01,400 episode we're gonna pick up where we left off. All 494 00:32:01,440 --> 00:32:04,279 of the information that goes with this episode can be 495 00:32:04,319 --> 00:32:06,119 found in the description box.