Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
In this episode, we're going to dive right back into
those core documents and we're going to take a look
at the Southern District of New York Local Rule fifty
six Dot one Plaintiffs Statement of contested Facts and Plaintiff's
undisputed Facts Case number fifteen DASH CV DASH zero seven
four three three d RWs Virginia Roberts Plaintiff First Glenn Maxwell,
the defendant, Southern District of New York's Local Rule fifty
six Dot one plaintiff Statement of contested Facts and Plaintiff's
undisputed facts. Defendants Purported Facts one. Miss Maxwell's response to
publication of Miss roberts false allegations the March twenty eleven statement.
In early twenty eleven, Miss Roberts and two British tabloid
interviews made numerous false and defamatory allegations against Miss Maxwell
In the articles. Miss w Roberts made no direct allegations
that Miss Maxwell was involved in any improper conduct with
Jeffrey Epstein, who pleaded guilty in two thousand and seven
to procuring a minor for a prostitution. Nonetheless, Miss Roberts
suggested that miss Maxwell worked with Epstein and may have
known about the crimes for which he was convicted. Miss
Roberts statement controverting defendants facts. Miss Roberts denies that the
allegation she made against Miss Maxwell or false. Furthermore, Miss
Roberts did give an interview to journalist Aaron Churcher in
which Miss Roberts accurately and truthfully described Defendant Maxwell's role
as someone who recruited or facilitated the recruitment of young
females for Jeffrey Epstein. C McCauley declaration at Exhibit thirty four.
Miss Roberts was also interviewed by the FBI in twenty eleven,
and she discussed Defendant's involvement in the sexual abuse c
McCauley declaration at Exhibit thirty one. FBI redacted three h two.
Those statements were not false and defamatory, but instead truthful
and accurate. Defendants purported facts two. In the articles, Miss
Roberts alleged she had sex with Prince Andrew, a well
known businessman, a world renowned scientist, a respected liberal politician,
and a foreign head of state. Miss Robert's statement controverting
defendant facts. Miss Roberts does not contest this fact, but
believes that it's irrelevant. Defendants Purported Facts three. In response
to the allegations, Miss Maxwell's British attorney working with mister
gow issued a statement on March ninth, twenty eleven, denying
the various allegations about Miss Maxwell that have appeared recently
in the media. These allegations are all entirely false. Miss
Robert's statement controverting defendant facts. Miss Roberts denies that mister
Bardon issued a statement. Instead, it appears to have the
contact as Ross gou in a reference to Devonshire Solicitors
Defendants Purported Facts for the statement Read and full statement
on behalf of Glenn Maxwell by Devonshire Solicitors pr Any, Wednesday,
March ninth, twenty eleven. Glean Maxwell denies the various allegations
about her that have appeared recently in the media. These
allegations are entirely false. It is unacceptable that letters sent
by Miss Maxwell's legal representatives to certain newspapers pointing out
the truth and asking for the allegations to be withdrawn
have simply been ignored in the circumstances, Miss Maxwell is
now proceeding to take legal action against those newspapers. I
understand newspapers need stories to sell copies. It is well
known that certain newspapers live by the adage why let
the truth get in the way of a good story. However,
the allegations made against me are abhorrent and entirely untrue,
and I asked that they stop, said Glenn Maxwell. A
number of newspapers have shown a complete lack of accuracy
in their reporting of this story and a failure to
carry out the most elementary investigation or any real due diligence.
I am now taking action to clear my name. Miss
Robert's statement controverting defendants facts. The document speaks for itself,
although it is unclear if the original included the italics
that are inserted by the defendant above. Defendants purported facts
five Miss Robert's gratuitous and lurid accusations. In an unrelated
action in two thousand and eight, to alleged victims of Epstein,
brought an action under the Crime Victim Rights Act against
the United States Government purporting the challenge Epstein's plea agreement.
They allege the government violated their CVR rights by entering
into the agreement miss Robert's statement controverting defendant facts. While
we would stipulate to the statement in this paragraph starting
with the words in two thousand and eight, we do
not stipulate to the opening sentence fragment Maxwell places in
bold defendants purported facts six. Seven years later, on December thirtieth,
twenty fourteen, Miss Roberts moved to join the CVR action,
claiming she too had her CVR rights violated by the government.
On January first, twenty fifteen, Miss Roberts filed a corrected
joined her motion Miss Roberts's statement controverting defendants facts agreed
Defendants Purported Facts seven. The issue presented in her Joined
her motion was narrow whether she should be permitted to
join the CVR A action as a party under Federal
Rule of Civil Procedure twenty one, specifically whether she was
a known victim of mister Epstein and the government owed
them CVR duties. Yet, the bulk of the motion consists
of copious factual details that Miss Roberts and her co
movement would prove if allowed to join. Miss Roberts gratuitously
included provocative and lurid details of her alleged sexual activities
as an alleged victim of sexual trafficking. Miss Roberts statement
controverting defendants facts. Miss Roberts denies that the issues presented
in here joined her motion were narrow. The issues presented
by the jointer motion and related pleadings were a multiple
and complex requiring numerous details about Miss Robert's sexual abuse
and the perpetrators of her abuse. In a pleading explaining
why the motion was filed, Miss Roberts lawyers specifically listed
nine separate reasons why Jane Doe number three's allegations that
Dershowitz had sexually abused her were relevant to the case
and appropriately included in the relevant findings. One to establish
that Jane Doe three had been sexually abused by Jeffrey
Epstein and his co conspirators, including co conspirator Alan Dershowitz,
which would make her a victim of a broad sex
trafficking conspiracy covered by the Federal Crime Victim's Rights Act
US Code eighteen, Section thirty seven seventy one, and therefore
entitled to participate in the case. Two to support her
then pending discovery requests that asked specifically for information related
to the contacts by Dershowitz with the government on behalf
of Jeffrey Epstein. Three to support the victim's allegation that
the government automotive for failing to afford victims with their
rights in the criminal process, specifically pressure from Dershowitz and
other members of Epstein's legal defense team to keep the
parameters of the non prosecution agreement secret, to prevent Jane
do three and other victims from objecting to and blocking
judicial approval of the agreement. Four to establish the breadth
of the NPA's provision extending immunity to any potential co
conspirators of Epstein, and the scope of the remedy that
the victims, including not only Jane do three, but also
other similarly situated minor victims who had been sexually abused
by Dershowitz, might be able to obtain for violations of
their rights. Five to provide part of the factual context
for the scope of the interface between the victims, the government,
and en Epstein's defense team, in interface that was relevant
under Judge Mara's previous ruling that the government was entitled
to raise a fact sensitive equitable defense, which must be
considered in the factual context of the entire interface between Epstein,
the relevant prosecutorial authorities, and the federal offense victims. Six
To prove the applicability of the crime fraud misconduct exception
to the attorney client privilege that was being raised by
the government in opposition to the victim's motion for production
of numerous documents. Seven To bolster the victim's argument that
their right to be treated with fairness US Code eighteen,
Section three seven seven one a eight had been violated
through the government secret negotiations with one of their abusers.
Eight To provide notice and lay out the parameters of
potential witness testimony for any subsequent proceedings or trial, ie
the scope of the testimony that Jane Do three was
expected to provide in support of Jane Doe one and
Jane Do two, the already recognized Miss Roberts in the
action n Nine. To support Jane Doe three's argument for
equitable estoppel to toll the six year statute of limitation
being raised by the government in opposition to her motion
to join IE that the statute was told while she
was in hiding in Australia due to the danger posed
by Epstein and his powerful friends, including prominent lawyer Alan Dershowitz,
Jane Doe's number one and number two United States number
nine zero eight CV eight zero seven three six d
E two ninety one at eighteen through twenty six, and
N seventeen s D. Florida twenty fifteen. Miss Roberts lawyers
had attempted to obtain a stipulation from the government on
point number one above victim status, but the government had declined.
Judge Marra's ruling concluded that certain allegations were not necessary
at this juncture. In the proceedings d E three twenty
four at five. Judge Maras specifically added, however, that Chaine
DO three is free to reassert these factual details through
proper evidentiary proof, should petitioners demonstrate good faith basis for
believing that such details are pertinent to a matter presented
for the court's consideration. D three twenty four at six.
The CVR litigation continues and no trial has been held
as of the filing of this brief. As such, the
extent to which these factual details will be used at
trial has not yet been determined. See docket sheet chain
Doe's number one and two versus the US number nine
zero eight CV eight zero seven three six. All right, folks,
we're gonna wrap up part one here and in the
next episode we'll pick up well part two. 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 gonna pick
right back up where we left off with Virginia's statement
of contested facts and plaintiff's undisputed facts Defendants purported facts
number eight. At the time they filed the motion, Miss
Roberts and their lawyers knew that the media had been
following the Epstein criminal case and the CVRA action. While
they deliberately filed the motion without disclosing Miss Robert's name,
claiming the need for privacy and secrecy, they made no
attempt to file the motion under seal. Quite the contrary,
they filed the motion publicly Miss Robert's statement controverting defendants
facts see Miss Roberts response to point seven above. Defendants
purported facts number nine. As the District Court noted in
ruling on the jointer motion, Miss Robert's name several individuals,
and she offers details about the type of sex acts
performed and where they took place. The court ruled that
these lurid details are unnecessary. The factual details regarding whom
and where the Jane Dooes engaged in sexual activities are
immaterial and impertinent, especially considering that these details involved non
parties who were not related to the respondent government. Accordingly,
these unnecessary details shall be stricken. The court then struck
all Miss roberts factual allegations relating to her alleged sexual
activities and her allegations of misconduct by non parties. The
court said the striking of the lurid details was a
sanction for Miss Roberts in proper inclusion of them in
the motion Miss Robert's statement controverting the defendants facts see
Miss Roberts response to point seven above. Defendants Reported Facts
number ten. The District Court found not only that the
lurid details were unnecessary, but also that the entire joinder
motion was entirely unnecessary. Miss Roberts and her lawyers knew
the motion, with all of its lurid details was unnecessary
because the motion itself recognized that she would be able
to participate as a fact witness to achieve the same
result she sought as a party. The court denied Miss
Robsrobert's joined her motion Miss Roberts statement controverting defendants facts.
See Miss roberts response to point number seven above, Defendants
purported Facts. One of the non parties Miss Roberts's name
repeatedly in the joinder motion was Miss Maxwell. According to
the lurid details the Miss Roberts included in the motion,
Miss Maxwell personally was involved in a sexual abuse in
sex trafficking scheme created by Epstein. Miss Maxwell approached Miss
Roberts in nineteen ninety nine, when Miss Roberts was fifteen
years old, to recruit her into the scheme. Miss Maxwell
was one of the main women Epstein used to procure
underage girls for sexual activities. Miss Maxwell was a primary
co conspirator with Epstein in his scheme. She persuaded Miss
Roberts to go to Ebstein's mansion in a fashion very
similar to the manner in which Epstein and as other
co conspirators coerced dozens of other children at the mansion.
When Miss Roberts began giving Epstein a massage. He and
Miss Maxwell turned it into a sexual encounter. Epstein, with
the assistance of Miss Maxwell, converted Miss Roberts into a
sex slave. Miss Maxwell was also a co conspirator in
Epstein's sexual abuse. Miss Maxwell appreciated the immunity she acquired
under Epstein's plea agreement because the immunity protected her from
prosecution for the crime she committed in Florida, Miss Maxwell
participated in the sexual abuse of Miss Roberts and others.
Miss Maxwell took numerous sexually explicit pictures of underage girls
involved in sexual activities, including Miss Roberts. She shared photos
with Epstein. As part of her role in Epstein's sexual
abuse ring, Miss Maxwell connected Epstein with powerful individuals so
that Epstein could traffick Miss Roberts to these persons. Miss
Roberts was forced to have sexual relations with Prince Andrew
in Miss Maxwell's apartment in London. Miss Maxwell facilitated Miss
Roberts sex with Prince Andrew by acting as a madam
for Epstein. Miss Maxwell assisted in internationally trafficking Miss Roberts
and numerous other young girls for sexual purposes. Miss Roberts
was forced to watch Epstein, Miss Maxwell and others engage
in a legal sexual acts with dozens of underage girls.
Miss Roberts statement controverting defendants facts c. Miss Roberts response
to point seven above. Miss Roberts can test the reference
to allurid details. Moreover, the testimony from numerous witnesses corroborates
the statements Miss Roberts maid interjoined her motion. Cemaculley declaration
at Exhibit sixteen. Cemaculley declaration at Exhibit four, CEEMO Callie
declaration at Exhibit fourteen, Seemacullie declaration at Exhibit twelve, Seemaculley
declaration at Exhibit thirteen, CEEMA Callie declaration Exhibit fifteen, SEEMA
Callie Declaration, Exhibit ten, SEEMA Callie Declaration Exhibit eight, CEEMO
Callie Declaration Exhibit one, CEEMO Calley declaration Exhibit thirty, CEEMA
Calley Declaration Exhibit thirty three. CEE McCauley declaration at Exhibit
thirty eight, McCauley at Exhibit twenty eight, McCauley at Exhibit
twenty nine, McCauley at Exhibit forty, and McAuley at thirty two.
See McCauley at Exhibit thirty nine, and then finally ce
McCauley declaration at Exhibit forty one. The defendants purported facts twelve.
In her jointer motion, Miss Roberts also alleged she was
forced to have sex with Harvard law professor Alan Dershowitz,
model scout Jean Luke Brunel, and many other powerful men,
including numerous prominent American politicians, powerful business executives, foreign presidents,
a well known prime minister, and other world leaders. Miss
Robert's statement controverting defendants facts see a response to point
number seven and eleven above. Defendants Purported Facts Number thirteen.
Miss Roberts said, after serving for four years as a
sex slave, she managed to escape to a foreign country
and hide out from Epstein and his co conspirators for years.
Miss Robert's Statement Controverting Defendant's facts agreed that Miss Roberts
made this statement and has since discovered evidence that indicates
she was mistaken on the exact timeframe of her abuse
and was with defendant and Jeffrey Epstein from the years
two thousand to two thousand and two. Defendants Purported Facts.
Miss Roberts suggests the government was part of Epstein's conspiracy
when it secretly negotiated a non prosecution agreement with Epstein
precluding federal prosecution of Epstein and his co conspirators. The
government secrecy miss Roberts alleged, was motivated by its fear
that Miss Roberts would raise powerful objections to the agreement
that would have shed tremendous public light on Epstein and
other powerful individuals. Miss Robert's statement controverting the defendant's facts.
Miss Roberts did not suggest that the government was part
of Epstein's conspiracy to commit sex offenses. The CVR case
deals with whether the government failed in their responsibility to
the victims to inform the victims that the government was
working out an NPA, and it is Miss roberts belief
that the government did fail to so inform the victims
and intentionally did not inform the victims because the expected
serious objection from many of the victims might prevent the
government from finalizing an NPA with Epstein. CEE McCauley declaration
at Exhibit fifty joined her motion Roberts zero zero three
one nine dashed zero zero three three three. The defendants
purported facts fifteen. Notably, the other Jane Doe, who joined
Miss Roberts's motion, who alleged she was sexually abused many
occasions by Epstein, was unable to corroborate any of Roberts's allegations.
Miss Robert's statement controverting the defendant's facts. This is untrue.
The other Jane Doe, could corroborate many of Miss Roberts's
allegations based on the similar pattern of abuse that she
suffered by Epstein. She did not know. Miss Roberts, though redacted,
who was deposed in this case and who is a minor,
corroborates the same pattern of abuse. Seemacaulley declaration at Exhibit seven.
Defendants purported facts sixteen. Also, notably, in her multiple and lengthy,
consensual interviews with Miss Churcher three years earlier, Miss Roberts
told Miss Churcher of virtually none of the details she
described in the joint motion. Miss Robert's statement controverting defendants facts.
This is untrue. Furthermore, defendant does not offer any citation
or evidence on this point. Defendant statement here is knowingly false.
Having read the articles and taken miss Roberts deposition, defendant
knows that Miss Roberts did reveal details in twenty eleven
consistent with those in the jointer motion. Seemacauley declaration at
Exhibit thirty one FBI redacted three oh two Roberts zero
zero one two three five Dash one two four six
The Defendants Purported Facts seventeen. Miss Maxwell's response to Miss
roberts lurid accusation. The January twenty fifteen statement, as Miss
Roberts and her lawyers expected before Judge Merra in the
CVRA action, could strike the lurid details the Miss Roberts
allegations in the joinder motion. Members of the media obtained
copies of the motion. Miss Robert's statement controverting defendants facts
see Miss Roberts response to point number seven above. Defendants
Purported Facts eighteen. At mister Barden's direction, on January three,
twenty fifteen, Mister Goo sent to numerous representatives of British
media organizations an email containing a quotable statement on behalf
of Miss Maxwell. The email was sent to more than
six and probably less than thirty media representatives. It was
not sent to non media representatives. Miss Robert's statement controverting
the defendant's facts. Defendant falsely claims that the mister Barden's direction.
On January three, twenty fifteen, mister Goo sent to numerous
representative of British media organizations an email containing a quotable
statement on behalf of Miss Maxwell. This is a blatant
falsehood about the document that is at the heart of
this litigation. Record evidence shows that Gao sent that email
at Defendant's direction, not at mister Barton's direction. Indeed, on
the evening before his deposition, mister Gall produced an email
exchange he had had with the defendant in which the
defendant directs mister Gao to the press statement. Chronologically, this
email comes at the end of various other email exchanges
between the defendant and Gao that discusses issuing a press release.
The subject line of this email that defendant wrote to
Gall states urgent this is the statement, thereby instructing Gau
to release this statement to the press. Shortly after defendant
sent this email to Gao directing him to release the statement,
Goo distributed the statement to multiple media outlets. Neither defendant
nor Goo have produced any email in which Barton directed
Gao to issue Sho you this press release, nor can
they despite sending it herself and despite it being responsive
to six court ordered search terms. Defendant failed to produce
this email. Her press agent Gow produced this the evening
before this deposition on November seventeenth, twenty sixteen. At the deposition,
mister Gow authenticated this email and confirmed that the defendant
authorized the statement. Question when you sent that email? Were
you acting pursuant to Miss Maxwell's retention of your services? Answer? Yes,
I was. Question this also appears to be an email
chain with you and miss Maxwell? Is that correct? Answer?
It does appear to be so. Question did you send
the top email of the chain that says okay? Gee?
Going with this answer? I did? Question? And did you
receive from miss Maxwell the bottom email of that chain? Answer?
I believe so well. I believe yes, yeah, it was
forwarded from miss Maxwell. Yes, mister Dyer, sorry, I don't
quite understand that answer the witness that I did receive
it from Miss Maxwell. Mister Dyer, okay. Question the subject
line does have forward, which to me indicates it's a forward.
Do you know where the rest of that email chain is? Answer?
My understanding of this is it was a holiday in
the UK, but mister Barton was not necessarily accessible at
some point in time. So this had been sent to
him originally by miss Maxwell, and because he was unavailable,
she forwarded it to me for immediate action. I therefore responded, Okay, Glane,
I'll go with this. It's my understanding that this is
the agreed statement. Because the subject of the second one
is urgent. This is the statement, so I take that
as an instruction to send it out as a positive command.
This is the statement. C. McCaulay declaration at Exhibit six. Together,
the email and Gal's testimony unequivocally established that defendant, not Barden,
directed and commanded GOUTI published the defamatory statement. Accordingly, the
first sentence of Defendant's paragraph eighteen is false. The second
statement this email was sent to more than six and
probably less than thirty media representatives, omits the fact that
not only did Gao admit to emailing the statement to
the press, but he also read it to over thirty
media representatives over the phone. Question do you recall reading
the statement to the press or the media over the phone?
Answer It's very possible that I would have done so.
Question do you do you remember discussing that with the Guardian? Answer? No,
I don't, I'm not saying I didn't, but I don't recall.
You have to bear in mind, if you'd be so kind,
that I've been speaking to over thirty journalists and media
outlets about this, and I can't recall every single detail
of every single conversation seem Acauli declaration at Exhibit six.
Thus the second sentence of defendant's paragraph eighteen is also false.
All right, folks, we are going to wrap up right here,
and then the next episode we'll pick up where we
left off. All of the information that goes with this
this episode can be found in the description box