Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
In this episode, we're going to pick right back up
where we left off with the Southern District of New
York Local Rule fifty six point one, Plaintiff's Statement of
contested facts and Plaintiff's undisputed Facts Number nineteen. Among the
media representatives were Martin Robinson of The Daily Mail, Ppeach
of The Independent, Nick Summerland of The Mirror, David Brown
of The Times, and Nick Always and Joanne Pew of
the BBC, and David Mercer of the Press Association. These
representatives were selected based on their request after the joinder
motion was filed for a response from Miss Maxwell to
Miss roberts allegations. In the motion miss Robert's statement controverting
defendant facts. Miss Roberts agrees to the first sentence. The
second sentence is a false. Accordingly, there is no record
evidence that gu or anyone else selected journalists for a response,
or that there was any selection process whatsoever. To the
country testified that anyone who inquired received a reference to
the January twenty fifteen tofamatory response question to the extent
you can recall or could estimate how many other emails.
Do you believe you sent bearing that statement that's in
Exhibit two. Answer, I really can't remember, but certainly more
than six and probably less than thirty somewhere in between.
Anytime there was an incoming query, it was either dealt
with on the telephone by referring them back to the
two statements of March twenty eleven and January twenty fifteen,
or someone would email them the statement, so no one
was left unanswered. Broadly, is the is where we were,
but I can't remember every single person reached out to
see McCaulay declaration at Exhibit six Defendants Purported Facts twenty.
The email to the media members said, to whom it
may concern, please find attached a quotable statement on behalf
of Miss Maxwell. No further communication will be provided by
her on this matter. Thanks for your understanding. Best Ross.
Chained three is Virginia Roberts, so not a new individual.
The allegations made by Victoria Roberts against Glenn Maxwell are untrue.
The original allegations are not new and have been fully
responded to and shown to be untrue. Each time the
story is retold, it changes with new saalacious details about
public figures and world leaders, and now it is alleged
by Miss Roberts that Alan Dershowitz is involved in having
sexual relations with her, which he denies. Miss roberts claims
are obvious lies and should be treated as such and
not publicized as news as they are defamatory. Glenn Maxwell's
original response to the lies and defamatory claims remains the same.
Maxwell strongly denies allegations of an unsavory nature which have
appeared in the British press and elsewhere, and reserves her
right to seek redress at the repetition of such old
defamatory claim. James miss Robert's statement controverting defendance facts. While
defendant cropped the body text of the email that was
sent to the news media representatives, she completely omitted the
headings and metadata. Miss Roberts has put an image of
the email below in Miss Roberts paragraph CGM zero zero
six eight Defendants purported facts twenty one. Mister Barden, who
prepared the January twenty fifteen statement, did not intend it
as a traditional press release solely to disseminate information to
the media, so he intentionally did not pass it through
a public relations firm such as mister Gales's firm Acuity Reputation.
Miss Robert's statement controverting the defendants facts. Defendant states mister Barden,
who prepared the statement, did not intend it as a
traditional press release solely to dissemination information to the media.
Miss Roberts contests this statement and all statements regarding mister
Barden's beliefs and purposes and the like. Further, as stated
in detail in Miss Roberts's opposition Defendant's motion for summary judgment,
this court should not even consider the Bardon declaration. Additionally,
there is absolutely no record evidence of Bardon's intent and
the court should not consider it. The next sentence states,
so he intentionally did not pass it the press release
through a public relations firm such as mister Gales's firm
Acuity Reputation. Again, there is zero record evidence to support
any assertion of mister Barden's intent. To the extent that
the sentence claims that Barton did not give the statement
to Gal with instructions to publish it see McCauley declaration
at Exhibit forty eight. To the extent that this sentence
claims that the statement did not pass through a public
relations firm, such as mister Gales's firm acuity reputation. Miss
Roberts disputes that statement record, documentary evidence, and testimony established
that this statement was disseminated through a public relations firm,
namely Ross Gal's firm acuity reputation CE McCauley declaration at
Exhibit six the defendants purported facts. The January twenty fifteen
statement served two purposes. First, mister Bardon intended that it
mitigate the harm to Miss Maxwell's reputation from the press
republication of Miss Robert's false allegations. He believed these ends
could be accomplished by suggesting to the media that, among
other things, they should subject Miss roberts allegations to inquiry
and scrutiny. For example, he noted in the statement that
Miss Roberts's allegations changed dramatically over time, suggesting that they
are obvious lies and therefore should not be publicized as news.
Miss Robert's statement controverting defendant's facts. Miss Roberts subjects to
this paragraph in its entirety. She disputes that the January
twenty fifteen statement served two purposes, as this statement is
wholly unsupported by the record, which defendant again neglects to site.
Miss Roberts also contests the second sentence in which defendant
colsis that mister Barton intended that it mitigate the harm
to Miss Maxwell's reputation from the press republication of Miss
roberts false allegations. First, Miss Roberts disputes any statement of
Barton's intent as explained above. Second, Miss Roberts disputes that
there was any republication by the press as a matter
of law, as explained in our memorandum of law, opposing
some rejudgment as the press did not republish the press
statement under New York law. Third, Miss Roberts disputes that
our allegations are false. Incites to the following non exhaustive
sampling of evidence to corroborate our allegations against the defendant.
See McAuley declaration Exhibit sixteen, McCauley declaration Exhibit four, McAuley
declaration Exhibit fourteen, McCauley declaration, Exhibit twelve, McCauley declaration, Exhibit thirteen,
McAuley declaration Exhibit fifteen. The excerpt of the Rogers deposition
Sea McAuley declaration at Exhibit ten from Marsen Cova Cee
McCauley declaration at eight for Kellen Cee McCauley declaration Exhibit
one for Alessi Cee McCauley declaration at Exhibit forty two
for photographs McCauley at thirty for US victim notification letter,
McCauley at thirty three. For New York Presbyterian Hospital records,
McCauley at thirty eight for Judith Lightfoot McCauley at thirty
at twenty eight for message pads McAuley at twenty nine
for the Black Book, McCauley at forty for sex slave books,
McCauley at thirty two for the folder defendant sent to Thailand,
McCauley at thirty nine for the Palm Beach police report
McCauley at forty one for Epstein's flight logs. Next defendant
states he Barton believes the's ends could be accomplished by
suggesting to the media that, among other things, they should
subject Miss Roberts' allegations to inquiry and scrutiny. Miss Roberts
disputes any statements as to Barton's belief. Supra Miss Roberts
disputes that any harm to Defender's reputation could be mitigated
by the media's inquiry into the scrutiny of Miss Robert's allegations,
because a deeper inquiry would only reveal additional evidence corroborating
Miss Roberts's allegations, such as the evidence put forth in
Miss Robert's opposition memorandum of law and detailed in the
bulleted citation. Supra Defendant then states, for example, he Barden
noted in the statement that Miss Roberts's allegations changed dramatically
over time, suggesting that their obvious lies and therefore should
not be publicized as news. First, Miss Roberts disputes that
Barden noted anything in the statement, as that is unsubstantiated
by the record. Evidence not to do Defendant's work for her.
But the closest evidence Defendant has for such a statement
his testimony from the Gou deposition, wherein gu speculates that
Barton had a hand in drafting the press statement, an
opinion which may or may not be based on first
hand knowledge. See McCaulay declaration at six, Gou Deposition at
forty five fourteen through seventeen. Question Okay and I say
thanks Philip, because I'm aware of the fact that he
had a hand, a considerable hand, in the drafting. This
is wholly insufficient to show who drafted the passages quoted
by defendant above. Regardless of those passages original author, it
is ultimately defendant who noted anything, because it is her statement,
and she directed that it be sent to the media
and the public. Second, Miss Roberts disputes that our allegations
have changed over time, dramatically or otherwise. Third Miss Roberts
disputes that the press release suggested that our allegations are
obvious lies. Because defendant's press release affirmatively, unambiguously stated that
her allegations are obvious lies, there's no subtlety suggestion or
a statement of opinion here. See Roberts versus Maxwell, one
sixty five f supp Dot three D one for seven
T two SDNY, twenty sixteen. These statements, as they themselves allege,
are capable of being proven true or false, and therefore
constitute actionable fact and not opinion. Defendants purported facts twenty three. Second,
mister Bardon intended the January twenty fifteen statement to be
a shot across the bow of the media, which he
believed had been unduly eager to publish Miss Robert's allegations
without conducting any inquiry of their own. Accordingly, in the statement,
he repeatedly noted that Miss Robert's allegations were defamatory. In
this sense, the statement was intended as a cease and
assist letter to the media recipients, letting the media recipients
understand the seriousness with which Miss Maxwell consider the publication
of Miss Robert's obviously false allegations and the legal indefensibility
of their own conduct. Miss Robert's statement controverting the defendant's facts.
This paragraph is another purported statement of Defendant's council's intent.
Defendant states second mister Barden intended the January twenty fifteen
statement to be a shot across the bow of the media,
which he believed had been unduly eager to publish Miss
Roberts's allegations without conducting any inquiry of their own. Not
only does Defendant once again refer to mister Barton's intent,
but she also mischaracterizes the statement as a shot across
the bow of the media. The press release did not
threaten or give warning to the media in any way whatsoever.
See McCauley declaration at Exhibit twenty six GM zero zero
zero six'. Eight, Next Miss roberts disputes the sentences. Accordingly
in the, statement he repeatedly noted That miss roberts allegations were.
Defamatory barden did not note anything in the, statement nor
does defendant site to any record evidence that he. Does,
Furthermore Miss roberts denies that any of her allegations are
defamatory in the slightest as they are all true and
substantiated by record. Evidence Miss roberts also disputes the sentence
in this. Sense the statement was intended as the cease
and desist letter to the media, recipients letting the media
recipients understand the seriousness with Which Miss maxwell considered the
publication Of miss roberts obviously false allegations and the legal
indefensibility of their own. Conduct, First Miss roberts objects to
any statement Of bardon's intent as articulated. Above, Second defendant's
conventional press release was in no way any type of
season decist. Letter there is no record evidence in support
of this, claim and defendant unsurprisingly cites to. None Third
Miss roberts disputes that any media recipients would be given
to understand the seriousness with Which Miss maxwell considered the
publication Of miss roberts obviously false allegations and the legal
indefensibility of their own conduct by defendant self serving press
release as them is unsupported by the. Record, Finally Miss
roberts rejects that her allegations are obviously, false a claim
which is completely unsupported by record. Evidence all, right, folks
we're gonna wrap up right, there and in the next
episode talking about the, topic we'll pick up where we left.
Off all of the information that goes with this episode
can be found in the description. Box what's up, everyone
and welcome back to The Epstein. Chronicles in this, episode
we're diving right back into those core documents and we're
gonna pick up where we left, off taking a look
at The Southern district Of New York's Local rule fifty
Six dot one Plaintiff statement of contested facts And plaintiff's
Undisputed Facts number twenty four defendants purported facts consistent with
those two. Purposes Mister gal's emails preface the statement with
the following. Language please find attached the quotable statement on
behalf Of Miss. Maxwell the statement was intended to be a,
single one time, only comprehensive response quoted in full To Miss,
Roberts december, thirtieth twenty, fourteen allegations that would give the
Media Miss maxwell's. Response the purpose of the preparatory statement
was to inform the media recipients of this. Intent Miss
robert's statement controverting the defendants. Facts Miss roberts disputes that
any part of the defendant's press release is consistent with
those two Of bardon's. Purposes, Indeed Miss roberts disputes this
and any statement relating To barton's purposes as explained. Above,
Next Miss roberts disputes that the statement was intended to
be a, single one time, only comprehensive response quoted in
full To Miss, Roberts december, thirtieth twenty, fourteen allegations that
would give the Media Miss maxwell's. Response, First Miss roberts
disputes this and any statement relating To barton's intent as explained. Above,
Second Miss roberts disputes that anyone intended the press release
to be a one time only comprehensive. Response the record
evidence as, Otherwise gal repeatedly issued this statement via email
and over the phone for months on. End, next the
defendant states the purpose of the preparatory statement was to
inform the media recipients of this. Intent, First Miss roberts
disputes this in any statement relating To barton's purpose as explained. Above,
Second Miss roberts disputes that the press release was to
inform the media of. Anything defendant issued a press, release
instructed them to publish it by telling them it was
quotable see. M macaulay declaration At exhibit forty, eight and
hired a press agent to feed it to the. Press
question Did Miss maxwell retain the services of your? Firm answer,
yes she. Did question is it your belief that the
agreement was in effect On january, two twenty. Fifteen answer.
Yes question do you recall the terms of that? Agreement answer,
well it was a re establishment of an existing, Agreement
so if we go back to the original agree it
was to provide public relations services To Miss. Maxwell in
the matter Of roberts ender Activities seemacaulay declaration At exhibit.
Six the record evidence shows that defendant's intent was for
the press to publish her press. Release any other interpretation
is not only contrary to, logic but unsupported by the.
Record the Defendants Purported facts twenty. Five Miss roberts activities
to bring light to the rights of victims of sexual.
Abuse Miss roberts has engaged in numerous activities to bring
attention to, herself to the prosecution and punishment of wealthy
individuals such As, epstein and to her claimed interest of
bringing light to the rights of victims of sexual. Abuse
Miss robert's statement Controverting defendant facts agreed to the portion
of defendants assertion in bold Font Miss roberts is not
engaged in activities to bring attention to. Herself, rather she
has taken action to aid in the prosecution of her,
abusers and she seeks to bring light to the rights
of victims of sexual. Abuse Miss robert's statement Controverting defendance.
Facts Miss roberts Created Victims Refuse Silence incorporated in order
to help other sexually trafficked victims find the resources they
need to recover and. Heal Defendants Purported facts twenty. Seven
the goal Of Victims Refuse silence was and continues to
be to help survivors surmount the shame silence and intimidation
typically experienced by victims of sexual. Abuse towards this, End
Miss roberts has dedicated her professional life to helping victims
of sex. Trafficking Miss robert's Statement Controverting Defendant facts Agreed
Defendants Purported facts twenty. Eight Miss roberts repeatedly has sought
out media organizations to discuss her alleged experience as a
victim of sexual. Abuse Miss robert's Statement Controverting Defendant facts.
Denied Miss roberts was approached by numerous media outlets and
refuse used to speak to most of. Them media organizations
sought her, out she did not seek them. Out Seem
acauley declaration At exhibit thirty five email From Sharon churcher
seeking to Interview Miss. Roberts Defendants Purported facts twenty. Nine
On december, thirtieth twenty, Fourteen Miss roberts publicly filed an
entirely unnecessary joined her motion laden with unnecessary lurid details
about being sexually abused as a minor victim by wealthy
and famous men and being trafficked all around the world
as a sex. Slave Miss Roberts Statement Controverting Defendants facts
See Roberts paragraph seven subra listing multiple reasons why details
were in fact. Necessary Defendants Purported facts. Thirty The miss
roberts alleged purpose in filing the jointer motion was to
vindicate her rights under THE. Cvra exposed governments secretly negotiated
non prosecution agreement With, epstein shed tremendous public light On
eppsie and other powerful individuals that would undermine the agreement
and support THE. Cvra Miss roberts's request for documents that
would show How epstein used its powerful political and social
connections to secure a favorable plea, deal and the government's
motive to Aid epstein and his co. Conspirators Miss robert's
statement controverting defendant facts See Miss roberts paragraph Seven, supra
listing multiple purposes Of miss roberts lawyer's filing of the.
Motion Defendants Purported. Facts Miss roberts has written the manuscript
of a book she has been trying to, publish detailing
her alleged experience as a victim of sexual abuse and
of sex trafficking In epstein's alleged sex. Scheme Miss robert's
statement controverting the defendant facts See Miss roberts paragraph fifty Two,
infra explaining that the context of this statement is Misleading
defendants reported. Facts thirty. Two republication alleged By Miss Robs.
Roberts Miss roberts was required By interrogatory number six to
identify any false statements attributed To Miss maxwell that were published,
globally including within The Southern district Of New, york As
Miss roberts, alleged and paragraph nine Of count one of her.
Complaint in, Response Miss roberts identified The january twenty fifteen
statement and nine instances in which various news media published
portions of The january twenty fifteen statement in news articles
or broadcast. Stories Miss robert's statement controverting defendants. Facts Miss
roberts objects to this paragraph in its, entirety starting with
the bolded heading republication alleged By Miss. Roberts there is
no republication as a matter of law in this, case
as explained In miss roberts memorandum of. Law, Accordingly Miss
roberts is not and has not alleged, republication as noted
in her objection that it is the defendant who possesses
the knowledge as to where the defamatory statements were. Published,
unsurprisingly defendant failed to comply With Miss roberts' discovery request
on the same defendant already. Knows Miss roberts provided a
sampling of defendants defamatory statements published by the news, media
as identification of an exhaustive responsive list would be unduly. Burdensome,
this of, course is because defendant caused her statement to
be published in an enormous number of media. Outlets Miss
roberts' full response To interrogatory number six is. Below as
the court can, see these nine instances were a good
faith effort to provide some, samples as it would be
virtually impossible to provide all of. Them. Below Miss roberts
has also put forth an exhaustive expert report and expert
testimony From Jim jansen regarding the dissemination of defendants defamatory press.
Release Miss roberts objects because the information an interrogatory above
is in the possession of the, defendant who has failed
to comply with her production obligations in this, matter and
has failed to comply with her production obligations with this
very subject. Matter see Document request number seventeen From Miss
roberts' second request for production of documents to Defendant Glenne.
Maxwell maxwell has not produced ALL url Or internet addresses
for Any internet version of such publication that she directed
her Agent rosscau. Descend Miss roberts further objects because the
information requested above is in the possession of the defendant's,
agent who caused the false statements to be issued to
various media. Outlets Miss roberts has not had the opportunity
to Depose maxwell's, agent Rosscut, therefore this answer remains. Incomplete,
Consequently Miss roberts reserves the right to modify and or
supplement her responses as information is largely in the possession
of the defendant and her. Agent Miss roberts objects to
this interrogatory in that it Violates rule thirty three as its,
subparts in combination with other, interrogatories exceed the allowable twenty five.
Interrogatories Miss roberts objects to this request because it is
in the public. Domain Miss roberts also objects in that
it seeks information protected by the attorney client work product
privilege and any other applicable privilege stated in the general.
Objections notwithstanding such, Objections Miss roberts has already produced document
supplements such responsive documents with the following list of, publications
while the identification of an exhaustive responsive list would be unduly.
Burdensome in an effort to make a good faith effort towards,
Compliance Miss roberts provides the following, examples which are incomplete
based on the aforementioned. Reasons then she, lists there's a
whole bunch of articles listed here from different newspapers defendants
purported facts thirty. Three in none of the nine instances
was there any publication of the Entire january, two thin
fifteen Statement Miss robert's statement controverting the defendant. Facts while
there may be certain publications who did not print every
word Of defendant's lengthy press, release most publications quoted the
most salient to the point parts of the defendant statement
that Call Miss roberts a. Liar in each of the
nine articles listed, above the defamatory, statement as articulated by
the complaint and as identified by The court as actionable is.
Published See roberts Versus maxwell one six five F dot
Supp dot THREE d one forty seven one fifty TWO
sdny twenty. Sixteen statements That robert's claims against defendant are
untrue have been shown to be untrue and our obvious
lies have a specific and readily understood, factual meaning That
roberts is not telling the truth about her history of
sexual abuse and defendant's, role and that some verifiable investigation
has occurred and come to a definitive conclusion proving that. Fact,
second these, statements as they themselves, alleged are capable of
being proven true or, false and therefore constitute actionable fact
and not. Opinion Ms roberts also put forth extensive evidence
of the mass distribution of defendants defamatory statement to over
sixty six million viewers through her expert Witness Jim JANSEN.
C McCaulay declaration At exhibit twenty Four Expert report Of Jim.
Jansen All, right, folks we're going to wrap up this
episode here and in the next episode we're going to
pick up where we left. Off all of the information
that goes with this episode can be found in the description.
Box