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Virginia Roberts Responds To Maxwell's Summary Judgement Request (Part 6)

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.


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source:


Giuffre-unseal.pdf (courthousenews.com)

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

We're going to pick up where we left off with

Virginia Roberts' response to Ghislaine Maxwell's attempt to get a

summary judgment. C. Defendant's defamatory statement was not opinion as

a matter of law. As this court previously held correctly,

defendant stating that Ms. Roberts' claims of sexual assault or

lies is not an expression of opinion. First, statements that

Roberts' claims against defendant are untrue, have been shown to

be untrue, and are obvious lies, have a specific and

readily understood factual meaning. That Roberts is not telling the

truth about her history of sexual abuse and the defendant's role,

and that some verifiable investigation has occurred and come to

a definitive conclusion proving the fact. Second, these statements, as

they themselves allege, are capable of being proven true or false,

and therefore constitute actionable fact and not opinion. Third, in

their full context, while defendant's statements have the effect of

generally denying plaintiff's story, they also clearly constitute fact to

the reader. Roberts v. Maxwell 165 F.S.U.P.P. 3D 147 152

SDNY 2016 The court further explained, Plaintiff cannot be making

claims shown to be untrue, that are obvious lies without

being a liar. Furthermore, to suggest individual is not telling

the truth about her history of having been sexually assaulted

as a minor constitutes more than a general denial. It

alleges something deeply disturbing about the character of an individual

willing to be publicly dishonest about such reprehensible crimes. Defendant

statements clearly imply that the denials are based on facts,

separate and contradictory to those that plaintiff has alleged. Defendant

argues that somehow the context of the entire statement, tested

against the understanding of the average reader, should be the

press release as a whole being read only by journalists.

This is an unreasonable construct because the ultimate audience for

a press release is the public. Indeed, the purpose of

a press release is to reach readers. Unsurprisingly, defendant cites

no case that holds that journalists might somehow believe that

statements of fact are opinion while others do not. This

court has previously covered this ground when it clearly stated,

sexual assault of a minor is a clear-cut issue. Either

transgression occurred or it did not. Either a Maxwell was

involved or she was not. The issue is not a

matter of opinion or and there cannot be differing understandings

of the same facts that justify diametrically opposed opinion as

to whether defendant was involved in plaintiff's abuse as plaintiff

has claimed. Each plaintiff is telling the truth about her

story and defendant's involvement, or the defendant is telling the

truth and she was not involved in the trafficking and

ultimate abuse of the plaintiff. Roberts v. Maxwell, 165f. supp At

152 SDNY 2016, the same conclusion applies now. At the

motion to dismiss stage, defendant had not yet produced the

statement she issued to the press. The statement is now

in evidence, so there is no ambiguity as to what

defendant released to the press. The absurdity of defendant Characterizing

his statement calling Ms. Roberts a liar as mere opinion

is revealed by the fact that the defendant was the

one who was sexually trafficking and otherwise abusing Ms. Roberts.

No reasonable person in any context would construe that as

defendant's mere opinion on the subject since defendant knew she

was abusing Ms. Roberts, and indeed this argument is contradicted

by the defendant's own deposition testimony. Question, do you believe

that Jeffrey Epstein sexually abused minors? Answer, I can only

testify to what I know. I know that Virginia is

a liar, and I know what she testified is a lie.

So I can only testify to what I know to

be falsehoods, and half those falsehoods are enormous, and so

I can only categorically deny everything she has said. And

that is the only thing that I can talk about,

because I have no knowledge of anything else. C. McCauley Declaration,

at Exhibit 11, Maxwell Deposition, April 17, 2016. defendant slyly

contends in her motion that Mr. Barton's arguments in the

press release constitute pure opinion attempting to disclaim any involvement

in making the defamatory statement. However, it is not Mr.

Barton's statement nor his opinion that is at issue here.

At issue here is defendant's statement, a statement attributable to

her that she approved whose publication she commanded and for

which he hired a public relations representative to disseminate to

at least 30 journalists for publication. While Mr. Barton could

possibly have had his own opinion as to whether or

not his client abused Ms. Roberts, defendant cannot express an

opinion on a binary yes or no subject where she

knows the truth. As this court previously articulated, statements that

Roberts claims against defendant are untrue, have been shown to

be untrue, and are obvious lies, have a specific and

readily understood factual meaning. Roberts v. Maxwell, 165F. SUPP. 3D at 152. Again,

at the very least, the jury must pass on such issues. D.

The pre-litigation privilege does not apply to defendant's press release. 1.

Defendant fails to make a showing that the pre-litigation privilege applies.

Defendant's next argument seeks refuge in their pre-litigation privilege. If

we understand the argument correctly, defendant seems to be saying

that because she was contemplating an unspecified and never filed

lawsuit involving the British press, she somehow had a green

light to make whatever defamatory statement she wanted about Ms. Roberts.

To prove such a remarkably claim, defendant relies on case

law involving such mundane topics as cease and desist letters

sent to opposing parties and the like. Obviously, such arguments

have no application to the press release that defendants sent

out worldwide attacking Ms. Roberts' veracity. The problems with the

defendants' argument are legion. For starters, there is no record, evidence,

not even defendants' own testimony suggesting that she was contemplating

litigation against Ms. Roberts or that her press release was

related to contemplated litigation against Ms. Roberts. Tellingly, the only

evidence defendants cite of any alleged contemplated litigation is the self-serving,

post hoc partial waiver of attorney-client privilege found in the

Barton Declaration. As discussed above, the Declaration fails to establish

that there was good faith anticipated in litigation between her

and Ms. Roberts, particularly when evidence in the record contradicts

such assertions. At the very least, it is a matter

of fact for the jury to decide. In another case,

in which a defendant attempted to claim pre-litigation privilege applied

to statements made to the press, This court denied summary

judgment and held, to prevail on a qualified privilege defense,

defendant must show that his claim of privilege does not

raise triable issues of fact that would defeat it. Block v.

First Blood Associates, 691 F.S.U.P.P. 685, 699 and 700, Suite J,

SDNY 1988. Denying summary judgment on the pre-litigation qualification privilege

affirmative defense, because there was a genuine issue as to

malice and appropriate purpose. Defendant's claim here likewise fails. First,

defendant's testimony makes no mention of any contemplated lawsuit, much

less any contemplated lawsuit against Ms. Roberts. Second, defendant has

offered no witnesses who will testify that she intended to

bring any lawsuit. Third, she did not, in fact, bring

any such lawsuit. The only evidence is a post hoc

declaration written by her attorney. Finally, it must be remembered,

as explained at length above, the defendant had sexually trafficked

defendant and was attempting to continue to conceal her criminal acts.

Whether her statements had an appropriate purpose, block 691F. SUPP. at 699-700

Suite J, or were rather efforts by a criminal organization

to silence its victims, is obviously contested. Accordingly, Obvious issues

of fact exist as to whether or not defendant contemplated litigation.

Distorting reality, defendant further argues statements pertinent to a good

faith anticipated litigation made by attorneys or their agents under

their direction before the commencement of litigation are privileged. MSJ

at 33. The record evidence shows that defendant attorneys did

not make the defamatory statement. Further, defendant's attorney's agents did

not make the defamatory statement. the defendant did. And there

was no statement made by anyone before the commencement of

litigation because litigation never commenced. Accordingly, the case defendant, sites

where attorneys are making statements or where clients are making

statements to their attorneys regarding judicial proceedings, including malpractice, are

wholly in opposite as detailed below. Similarly, in Black v.

Green Harbor Homeowners Association, Inc., 19A. D. 3D, 962, 963, 798, N.Y.S.2D, 753, 754,

and 2005, cited by defendant, the court held a privilege

applied to a letter sent by a homeowner. The court

held a privilege applied to a letter sent by a

homeowners association board of directors to the association's members, informing

them of the status of litigation to which the association

was a party and to the association's letter to the

state attorney general sent to discharge its duties to the association.

In this case, litigation was actually pending. The communication was

sent by a party to that litigation as part of

its duties, and the communication itself concerned the litigation. The

defendant's press release fits none of those descriptions. Unsurprisingly, defendant

cites no case in which a court has held that

this or any qualified privilege extends to internationally disseminated press

releases defaming a non-party to the purported anticipated litigation. Regardless

of whether or not Barton had a hand in drafting

the statement, Another disputed issue of fact for the jury,

defendant issued the statement, instructed that it be published, and

the statement she issued was attributed to her and not

her attorney or his agents. Accordingly, all the case law

defendant cites about attorney making a statement or a client

making a statement to their attorney or a malpractice carrier

is in opposite. 2. Defendant is foreclosed from using the

pre-litigation privilege because she acted with malice. In any event,

because defendant acted with malice, she cannot avail herself of

the pre-litigation privilege. As this court has explained denying defendant's

motion to dismiss, there is no qualified privilege under New

York law when such statements are spoken with malice, knowledge

of their falsity, or reckless disregard for the truth. Roberts v. Maxwell, 165F, SUPP. 3D,

at 155, citing Block 691, F.SUPP.3D, at 699 Suite J,

SDNY 1988. There is ample record evidence that defendant acted

with malice in issuing the press release, thereby making the

litigation privilege inapplicable. See Block 691 F.S.U.P.P. at 700. Here,

sufficient evidence has been adduced to support the inference that

defendant acted with malice and may not therefore claim a

qualified privilege under New York law. A genuine issue as

to malice an appropriate purpose, has properly been raised and

is sufficient to preclude summary judgment. For example, Ms. Schuberg

testified that defendant recruited her for sex with Epstein, thus

corroborating Ms. Roberts' own account of defendant's involvement in abusing

her with Epstein. For another example, Jeffrey Epstein's pilot testified

that defendant flew with Ms. Roberts on at least 23 flights,

thus corroborating Ms. Roberts' claims against the defendant. C. McCauley's

Declaration at Exhibit 15, Roberts' deposition at 34, 3 through 10.

For another example, Tony Figueroa testified that defendant asked him

for assistance in recruiting girls for Epstein. More testimony that

corroborates Ms. Roberts' claims against the defendant. And again, just

to interject, this is why we went through that Virginia

Roberts' deposition. All of these court documents dovetail into each other,

and when you put them all together, you begin to

see the true scope of what Jeffrey Epstein was up to.

Defendant's statements that Ms. Roberts was lying and her claims

of sexual abuse, were obvious lies, were not pertinent to

a good faith-anticipated litigation, but instead they were made for

inappropriate purpose, i.e. to bully, harass, intimidate, and ultimately silence Ms. Roberts,

as the record of evidence shows. Defendant knew the statements

were false because defendant engaged in and facilitated the sexual

abuse of this minor child. Therefore, they were made for

the inappropriate purpose of bullying, harassment, and intimidation. See Front v.

Khalil 24NY. 3D. 713- 720- 2015. Simply put, defendant sexually trafficked Ms. Roberts and

then tried to silence Ms. Roberts to keep her crime secret.

Circumstances that prevent her from using privileges designed to shield

legitimate legal disputes from court interference. New York case law

fully confirms that pre-litigation qualified privileges do not apply to

this case. Historically, statements made in the course of litigation

were entitled to privilege from defamation claims so that those

discharging a public function may speak freely to zealously represent

their clients without fear of reprisal or financial hazard. Court

of Appeals case somewhat extended this privilege by holding that

statements made by attorneys prior to the commencement of the

litigation are protected by a qualified privilege if those statements

are pertinent to a good faith anticipation litigation, ID at 718.

Although it is well settled that statements made in the

court of litigation are entitled to absolute privilege, the court

has not directly addressed whether statements made by an attorney

on behalf of his or her client in connection with

prospective litigation, are privileged to advance the goals of encouraging

communication prior to the commencement of litigation. We hold that

statements made prior to the commencement of an anticipated litigation

are privileged and that the privilege is lost when a

defendant proves that statements were not pertinent to a good

faith anticipation litigation. The Court of Appeals' reason for allowing

this qualified privilege could not be more clear. When litigation

is anticipated, attorneys and parties should be free to communicate

in order to reduce or avoid the need to actually

commence litigation. Attorneys often send cease and desist letters to

avoid litigation. Applying privilege to such preliminary communication encourages potential

defendants to negotiate with potential plaintiffs in order to prevent

costly and time-consuming judicial intervention. Idea at 719 and 20.

Under this rationale, the Khalil Court found that an attorney

letters to the potential defendant were privileged because they were

sent in an attempt to avoid litigation by requesting, among

other things, that Khalil return the alleged stolen propriety information

and cease and desist in his use of that information. Here,

quite unlike Khalil, the defendant's statements were 1. Made by

a non-attorney defendant through Gao, 2. Concerning a non-party to

an alleged anticipated litigation, 3. Knowingly false statements, and 4.

contained in a press release directed at and disseminated to

the public at large. The defendant's statements cannot be considered

pertinent to a good faith anticipated litigation, such that the

qualified privilege should apply. Finally, though it strains credulity to

even entertain the prospect, if defendant could make even colorable

showings on these basic issues, it would remain an issue

of fact for the jury to determine whether or not

defendant's press release calling Ms. Roberts' sex abuse claims obvious

lies was any type of cease and desist statement or

a statement that acted to reduce or avoid or resolve

any anticipated litigation, summary judgment is obviously inappropriate here as well.

All right, folks, we're going to wrap up right there.

And in the next episode, we'll pick up where we

left off. All of the information that goes with this

episode can be found in the description box.

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