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Virginia Roberts Responds To Maxwell's Summary Judgement Request (Part 5)

Virginia Giuffre’s response to Ghislaine Maxwell’s motion for summary judgment was a direct challenge to Maxwell’s attempt to dismiss the case without a trial. In her filing, Giuffre argued that Maxwell’s statements denying any wrongdoing were not only defamatory, but made with actual malice—because Maxwell knew they were false when she made them. Giuffre’s legal team submitted sworn testimony, supporting documentation, and detailed timelines to establish that Maxwell had played a central role in Epstein’s trafficking operation and that her denials were part of a broader effort to discredit and silence victims.

Virginia Giuffre’s response to Ghislaine Maxwell’s motion for summary judgment was a direct challenge to Maxwell’s attempt to dismiss the case without a trial. In her filing, Giuffre argued that Maxwell’s statements denying any wrongdoing were not only defamatory, but made with actual malice—because Maxwell knew they were false when she made them. Giuffre’s legal team submitted sworn testimony, supporting documentation, and detailed timelines to establish that Maxwell had played a central role in Epstein’s trafficking operation and that her denials were part of a broader effort to discredit and silence victims.


to contact me:


bobbycapucci@protonmail.com


source:


Giuffre-unseal.pdf (courthousenews.com)

Speaker 1: What's up everyone and welcome back to the Epstein Chronicles.

In this episode, we're going to pick up where we

left off with Virginia Roberts' response to the Ghislaine Maxwell

attempt to get a summary judgment in their defamation case.

So let's get right back to it. Number two, defendant

is liable for the media's publication of the defamatory statement.

After arguing contrary to the New York law, that she

is not liable for the media's publication of her own

press release, defendant next argues that she is not liable

for the media's publications of the defamatory statement contained within

her press release if the media chose to make even

the tiniest of editorial changes. If we understand defendant's argument correctly,

any omission of any language from a press release is

somehow a selective, partial publication for which she escapes liability.

Motion at 14. Once again, this claim is absurd on

its face. It would mean that a defamer could send

to the media a long attack on a victim with

one irrelevant sentence, and when the media quite predictably cut

that sentence, well, they escape liability for the attack. Moreover,

even on its face, the claim presents a jury question

of what changes would be in context viewed as selective

or partial publications. something that only a jury could determine

after hearing all of the evidence. In support of this

meritless argument, defendants cite Rand v. New York Times Company

for the proposition that a defendant cannot be liable for

a publisher's editing and excerpting of a statement. 430 NYS. 2D

271 274 75 A.D.2D 417 422 N.Y.A.D 1980 This argument

fails for several reasons. First, there is no republication by

the media as a matter of law. Defendant issued a

defamatory statement to the press and its publication, as defendant intended,

is not a republication under the law as discussed above. Second,

there was no editing or paraphrasing or taking the quote

out of context of the core defamatory statement in the

press release. that Ms. Roberts is a liar. The obvious

lies passage is the heart of the message defendants sent

to the press, that Ms. Roberts was lying about her

past sexual abuse. Even in isolation, defendants quote, stating that Ms.

Roberts' claims are obvious lies, does not distort or misrepresent

the message defendant intended to convey to the public that Ms.

Roberts was lying about her claims. As this court explained

in denying defendants motion to dismiss this case, involve statements

that explicitly claim the sexual assault allegations are false. Roberts v. Maxwell, 165, F.SUPP.3D, 147, 152, SDNY, 2016. Furthermore,

the facts at issue here make the Rand holding in opposite.

In Rand, the newspaper paraphrased and sanitized defendants' words. No

such changing, sanitizing, or paraphrasing occurred in the instant case.

the media quoted defendant's statement accurately. Further, the phrase at

issue in Rand was that certain people screwed another person.

The speaker, newspaper, used the term screwed in reference to

a record label's dealings with a performing artist, and did

not mean screwed in the literal sense, but as rhetorical hyperbole,

and as such is not to be taken literally. By contrast,

there is no hyperbole in defendant's defamatory statement and it

was never distorted or paraphrased by any publication known to Ms. Roberts.

A jury could reasonably conclude that defendant's statement that Ms.

Roberts' claims of child sex abuse or obvious lies is

not a rhetorical device nor hyperbole, but a literal and

particular affirmation that Ms. Roberts lied. Accordingly, there is no

support in the factual record that the media reporting what

defendants stated that Ms. Roberts' claims of childhood sexual abuse

are obvious lies is a distortion of the defendant's message

or hyperbole. Even a cursory review of the press release

would lead to that conclusion. Moreover, to the extent that

there is any dispute that defendant's statement had a different

meaning outside of the context of the remainder of the

press release, such a determination of meaning and interpretation would

is a question of fact for the jury to decide

and is inappropriate for determination upon summary judgment. B. Material

issues of fact preclude summary judgment. 1. The Barton Declaration

presents disputed issues of fact. The primary basis of defendant's

motion for summary judgment is her attorney's self-serving post hoc

affidavit wherein he sets forth his alleged intent with regard

defendant's defamatory statement. Ms. Roberts disputes defendant's attorney's alleged and

unproven intent, not to mention defendant's intent, not only because

defendant refuses to turn over her attorney's communications, but also

because questions of intent are questions of fact to be

determined by a trier of fact. Furthermore, ample record evidence

contradicts the claimed intent. A. The Barden Declaration is a

deceptive backdoor attempt to inject Barden's advice without providing discovery.

of all attorney communications. In her brief, defendant discloses her

attorney's alleged legal strategy and alleged legal advice. However, she

deliberately states that her attorney's intended instead of her attorney

advised when discussing her attorney's legal strategy and advice, using

that phrase at least 37 times and using phrases such

as Barton's beliefs, purposes, goals, and contemplations 25 other times.

All the while, defendant is claimed privileged As to her

communications with Barden, defendant attempts to convince the court that

she only granted gal permission to publish the defamatory statements

as part of Mr. Barden's deliberated and carefully crafted MSJ

at 16 legal strategy and advice. Yet, she still refused

to turn over her communications with Barden under the auspices

of attorney-client privilege. Such gamesmanship should not be permitted. If

the court were to consider the Barden Declaration, which it shouldn't,

it would be on a ruling on less than complete

record because, based on this declaration, it is necessary that

defendant disclose all communications with him and possibly others. Ms.

Roberts doesn't have those communications. The court doesn't have those communications. Therefore,

defendant is asking for summary judgment on an incomplete record.

The court should also not consider the Barden Declaration because

it will be inadmissible as unduly prejudicial. It is a

self-serving declaration by a non-deposed witness made without turning over

the documents that are relevant to the declaration. CEG Rubens v.

Mason 387 F. 3d 183 185 2nd Circuit 2004. We find

that the district court predicated its grant of summary judgment

as to liability on an affidavit from the arbitrator who

presided over the underlying arbitration the probative value of which

was substantially outweighed by the danger of unfair prejudice. The affidavit, therefore,

should not have been admitted. We therefore vacate the grant

of summary judgment to the defendant on liability and remand

to the district court. B. Defendant's summary judgment arguments require

factual findings regarding Barton's intent, thereby precluding summary judgment. Even

were the court to consider this declaration and representations therein,

which it should not, The declaration itself demonstrates that the

court would have to make factual findings as to what Mr.

Barton's intent really was. Finding about intent are appropriate at

the summary judgment stage, as this court and the Second

Circuit Court have recognized. This court has explained, if it

is necessary to resolve inferences regarding intent, summary judgment is

not appropriate. Suite J, citing Patrick v. Le Fay, states, C.

There are factual disputes regarding Barden's declaration. Finally, there are

material disputes over the statements in the Barden Declaration because

they are directly refuted by record evidence. For example, the

instant motion... and the Barden Declaration described the press release

merely as a document expressing his, Mr. Barden's, opinion in

the form of a legal argument, as a lawyer would be,

as opposed to a press release for dissemination by the

media to the public. Record evidence refutes this claim as 1.

the press release was sent to journalists, 2. media publishers,

or in-house counsel, 2. the press release instructed the journalists

to publish the defamatory statement, Please find attached a quotable

statement on behalf of Ms. Maxwell. Three, it was issued

by a publicist on defendant's behalf and not an attorney

without any reference to attorneys or laws. Indeed, Gao testified

that Barton was unavailable to approve the statement. And four,

Gao testified that he issued the statement only after he

understood defendant to have signed off on it in understanding

he formed based on defendant's positive command to him. This

is the agreed statement. Question. When you sent that email,

were you acting pursuant to Ms. Maxwell's retention of your services? Answer. Yes,

I was. Question. When you say agreed statement, can you

tell me more about what you mean? Who agreed to

the statement? Answer. I need to give you some context,

if I may, about that statement. So this is on

New Year's Day. I was in France, so the email

time here is 2146. In French time, and 2246. And

I was getting up early the next morning to drive

my family back to the south of France, to England,

which is a 14-hour journey door to door. So on

the morning of the 2nd of January, bearing in mind

that Ms. Maxwell, I think was in New York then,

she was five hours behind, so there was quite a

lot of sort of time difference between the various countries here,

I sent her an email, I believe saying, parsing this,

forwarding this email to her saying, how do you wish

to proceed? and I was on the telephone. I had

two telephones in the car. I received in excess 30

phone calls from various media outlets on the 2nd of January,

all asking for information about how Ms. Maxwell was looking

to respond to the latest court filings, which were filed

on the 30th of December, as I understand. And by

close towards close of play on the 2nd, I received

an email forwarded by Ms. Maxwell containing a draft statement,

which my understanding was the majority of which had been

drafted by Mr. Barton with a header along the lines

of this is the agreed-on statement, at close of play

on the 2nd. So I was, I had gone under

the channel tunnel, and I was sitting on the other side,

and that email, which my understanding was that it had

been signed off on by the client effectively, was then

sent out to a number of media, including Mr. Ball

and various other UK newspapers. Question, Mr. Gow, when you

say end of play and close of play, are you

referring to sending the email that is Exhibit 2? Answer,

yes I am. Question, the subject line does have FW,

which to me indicates it's a forward. Do you know

where the rest of the email chain is? Answer, my

understanding of this is, it was a holiday in the UK,

but Mr. Barden was not necessarily accessible at some point

in time, so this had been sent to him originally

by Ms. Maxwell, and because he was unavailable, she forwarded

it to me for immediate action. I, therefore, responded, Okay, Ghislaine,

I'll go with this. It is 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. Accordingly, record evidence shows

that the press release was intended as press release and

not as a legal argument. Record evidence also establishes that

defendants circulated the press release to Barton and Gow and

then gave a positive command to Gow to publish it. Additionally,

there is no indica that the press release is a

legal opinion. To the contrary, it was issued by and

specifically attributed to a woman who has personal knowledge of

whether Ms. Roberts' claims of sexual abuse are true and

she states that Ms. Roberts is a liar. At the

very least, all of these factual issues must be considered

by a jury. Another example is that defendant states that

Gow served only as Mr. Barden's conduit to the media,

and Mr. Barden was directing the January 2nd through 15th

statement to a discrete number of media representatives. Barden wasn't

directing anything. He wasn't even in the loop when defendant

decided to publish the statement, and the documents prove it. Indeed,

the press release itself states that it is on behalf

of Ms. Maxwell, not Barden, it was the defendant who

gave the positive command to Gow to publish it. These

are just a couple of examples among many of the

purported facts asserted in defendant's motion and Barden's declaration that

are directly refuted by facts in the record. Finally, neither

the media nor the general public could have known that

the statement should be attributed to Barden. His name was

nowhere in it, nor is there any reference to counsel.

Defendant's argument that the context is the media knowing Barden's

intent or involvement is unsupported by the record. The significant

factual disputes about Barden alone prevent summary judgment. Alright folks,

we're going to wrap up right there, and then in

the next episode we'll pick up where we left off.

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