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Hi, this is Alex Cantrowitz.
I'm the host of Big Technology podcast,
a longtime reporter and an on-air contributor to CNBC.
And if you're like me, you're trying to figure out
how artificial intelligence is changing the business world
and our lives.
So each week on Big Technology, I bring on key actors
from companies building AI tech and outsiders
trying to influence it.
Asking where this is all going,
they come from places like Nvidia, Microsoft, Amazon,
and plenty more.
So if you want to be smart with your wallet,
your career choices, and meetings with your colleagues
and at dinner parties, listen to Big Technology podcast
wherever you get your podcasts.
What's up, everyone?
And welcome back to the Epstein Chronicles.
In this episode, we're gonna dive right back into those core
documents and we're going to take a look
at the Southern District of New York local rule 56.1,
plaintiff statement of contested facts
and plaintiffs undisputed facts.
Defendants purported facts.
One.
Miss Maxwell's response to publication
of Miss Roberts false allegations
the March 2011 state of New York
was a case of the case number 15-cv-074-33-RWS.
For junior Roberts plaintiff,
Berschland Maxwell, the defendant.
Southern District of New York's local rule 56.1,
plaintiff statement of contested facts
and plaintiffs undisputed facts.
Defendants purported facts.
One.
Miss Maxwell's response to publication
of contested facts.
In early 2011, Miss Roberts
and two British tabloid interviews
made numerous false and defamatory allegations
against Miss Maxwell.
In the articles, Miss Roberts made no direct allegations
that Miss Maxwell was involved
in any improper conduct with Jeffrey Epstein
who pleaded guilty in 2007
to procuring a minor for 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,
contributing defendant's facts.
Miss Roberts denies that the allegation
she made against Miss Maxwell or false.
Furthermore, Miss Roberts did give an interview
to journalist Sharon Churchill,
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.
See McCauley Declaration at Exhibit 34.
Miss Roberts was also interviewed
by the FBI in 2011,
and she discussed defendant's involvement
in the sexual abuse.
See McCauley Declaration at Exhibit 31,
FBI redacted 302.
Those statements were not false
and defamatory,
but instead truthful and accurate.
Defendants purported facts, too.
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 Roberts statement,
contributing defendant's 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 Mr. Gallo issued a statement
on March 9, 2011,
denying the various allegations
about Miss Maxwell,
that have appeared recently in the media.
These allegations are all entirely false.
Miss Roberts statement,
contributing defendant's facts.
Miss Roberts denies that Mr. Barton issued a statement,
instead it appears to have the contact
as Ross Gallo and a reference
to Devonshire solicitors.
Defendants purported facts.
Four.
The statement, red and full,
statement on behalf of Glenn Maxwell
by Devonshire solicitors,
may or any Wednesday,
March 9, 2011.
Glenn 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,
while at the truth get in the way of a good story.
However, the allegations made against me
are abhorrent and entirely untrue,
and I ask 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 2008, two 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 alleged the government violated
their CVRA rights by entering into the agreement.
Miss Robert's statement,
Controverting Defendants' Facts,
while we would stipulate to the statement
in this paragraph,
starting with the words in 2008,
we do not stipulate to the opening sentence fragment
Maxwell places in bold.
Defendants purported facts, six.
Seven years later,
on December 30, 2014,
Miss Robert's moved to join the CVRA action,
claiming she too,
had her CVRA rights violated by the government.
On January 1, 2015,
Miss Robert's filed a corrected,
joined her motion.
Miss Robert'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 CVRA action
as a party under federal rule
of Civil Procedure 21,
specifically,
whether she was a known victim
of Mr. Epstein
and the government owed them CVRA duties.
Yet, the bulk of the motion,
consists of copious factual details
that Miss Robert's and her co-movement
would prove if allowed to join.
Miss Robert's gratuitously,
included for evocative and learned details
over alleged sexual activities
as an alleged victim of sexual trafficking.
Miss Robert's statement,
Controverting Defendants' Facts,
Miss Robert's denies that the issues presented in here,
joined her motion were narrow.
The issues presented by the joined her 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 Robert's lawyers specifically listed
nine separate reasons
why Jane Doe No. 3'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 No. 3
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 Victims Rights Act,
US Code 18, Section 3771,
and therefore entitled to participate in the case.
Two, to support her then pending discovery request
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 had a motive
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 Doe 3
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 Doe 3,
but also other similarly situated minor victims
who had been sexually abused by Dershowitz,
might be able to obtain
per violations of their rights.
Five, to provide part of the factual context
for the scope of the interface
between the victims, the government,
and Epstein's defense team.
An 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, U.S. Code 18,
Section 3771AA had been violated
through the government's secret negotiations
with one of their abusers.
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Hi, this is Alex Cantrowitz.
I'm the host of Big Technology Podcast,
a longtime reporter and an on-air contributor to CNBC.
And if you're like me,
you're trying to figure out
how artificial intelligence is changing
the business world and our lives.
So each week on Big Technology,
I bring on key actors from companies
building AI tech and outsiders trying to influence it.
Asking where this is all going.
They come from places like Nvidia,
Microsoft, Amazon, and plenty more.
So if you want to be smart with your wallet,
your career choices,
and meetings with your colleagues and at dinner parties,
listen to Big Technology Podcast
or ever you get your podcasts.
Every day the world gets a little weirder,
and a lot more awesome.
Cool stuff daily takes a look at everything
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It's all the cool stuff you didn't know
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because the future is happening fast
and it's way too fun to miss.
To provide notice and lay out the parameters
of potential witness testimony
for any subsequent proceedings or trial,
i.e. the scope of the testimony
that Jane Doe 3 was expected to provide
in support of Jane Doe 1 and Jane Doe 2,
the already recognized Ms. Roberts in the action,
and 9.
To support Jane Doe 3's argument
for equitable, e-stoppal to toll
the six year statute of limitation,
being raised by the government
in opposition to our emotion to join.
i.e. 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 No. 1 and No. 2,
United States,
No. 9-08-CV-80736-DE-291.
At 18-26 and N-17,
SD Florida 2015,
Ms. Roberts lawyers had attempted
to obtain a stipulation
from the government on point No. 1 above,
victim status,
but the government had declined.
Judge Mara's ruling concluded
that certain allegations were not necessary
at this juncture in the proceedings.
DE-324 at 5.
Judge Mara specifically added,
however, that Jane Doe 3 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,
DE-324 at 6.
The CVR litigation continues,
and O 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,
Jane Doe's No. 1 and 2,
versus the US No. 9-08-CV-80736.
Alright folks, we're in a wrap-up part 1 here,
and in the next episode we'll pick up
with part 2.
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 in a pick right back up
where we left off,
with Virginia's statement of contested facts
and plaintiffs undisputed facts.
Defendants purported facts.
Number 8.
At the time they filed the motion,
Ms. Roberts and her lawyers knew that the media
had been following the Epstein criminal case
and the CVRA action.
While they deliberately filed the motion
without disclosing Ms. Roberts' 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.
Ms. Roberts' statement,
contributing defendants' facts.
See Ms. Roberts' response to 0.7 above.
Defendants purported facts.
Number 9.
As the district court noted in ruling on the joint remotion,
Ms. Roberts' 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 Does engaged in sexual activities,
are immaterial and impertinent,
especially considering that these details,
involved nonparties,
who are not related to the respondent government.
Accordingly, these unnecessary details shall be stricken.
The court then struck all Ms. Roberts' factual allegations,
relating to her alleged sexual activities,
and her allegations of misconduct by nonparties.
The court said the striking of the lurid details,
was a sanction for Ms. Roberts'
and proper inclusion of them in the motion.
Ms. Roberts' statement,
contributing the defendants' facts.
See Ms. Roberts' response to 0.7 above.
Defendants purported facts.
Number 10.
The district court found not only that the lurid details were unnecessary,
but also that the entire jointer motion was entirely unnecessary.
Ms. 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 Ms. Roberts' jointer motion.
Ms. Roberts' statement,
contributing defendants' facts.
See Ms. Roberts' response to 0.7 above.
Defendants purported facts.
One of the nonparties Ms. Roberts' name,
repeatedly in the jointer motion, was Ms. Maxwell,
according to the lurid details of Ms. Roberts.
Included in the motion, Ms. Maxwell personally was involved
in a sexual abuse and sex trafficking scheme created by Epstein.
Ms. Maxwell approached Ms. Roberts in 1999,
when Ms. Roberts was 15 years old,
to recruit her into the scheme.
Ms. Maxwell was one of the main women Epstein used to broker underage girls
for sexual activities.
Ms. Maxwell was a primary co-conspirator with Epstein in his scheme.
She persuaded Ms. Roberts to go to Epstein's mansion
in a fashion very similar to the manner in which Epstein,
and his other co-conspirators, coerced dozens of other children.
At the mansion, when Ms. Roberts began giving Epstein a massage,
he and Ms. Maxwell turned it into a sexual encounter.
Epstein, with the assistance of Ms. Maxwell,
converted Ms. Roberts into a sex slave.
Ms. Maxwell was also a co-conspirator and Epstein's sexual abuse,
Ms. 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.
Ms. Maxwell participated in the sexual abuse of Ms. Roberts and others.
Ms. Maxwell took numerous sexually explicit pictures of underage girls
involved in sexual activities, including Ms. Roberts.
She shared photos with Epstein.
As part of her role in Epstein's sexual abuse ring,
Ms. Maxwell connected Epstein with powerful individuals
so that Epstein could traffic Ms. Roberts to these persons.
Ms. Roberts was forced to have sexual relations with Prince Andrew.
In Ms. Maxwell's apartment in London, Ms. Maxwell facilitated
Ms. Roberts' sex with Prince Andrew by acting as a Madame for Epstein.
Ms. Maxwell assisted in internationally trafficking Ms. Roberts
and numerous other young girls for sexual purposes.
Ms. Roberts was forced to watch Epstein, Ms. Maxwell,
and others engaged in illegal sexual acts with dozens of underage girls.
Ms. Roberts' statement, contributing defendants facts.
See Ms. Roberts' response to point seven above?
Ms. Roberts contests the reference to elaborate details.
Moreover, the testimony from numerous witnesses
corroborates the statements Ms. Roberts made in her jointer motion.
See McColley Declaration at Exhibit 16.
See McColley Declaration at Exhibit 4.
See McColley Declaration at Exhibit 14.
See McColley Declaration at Exhibit 12.
See McColley Declaration at Exhibit 13.
See McColley Declaration at Exhibit 15.
See McColley Declaration at Exhibit 10.
See McColley Declaration at Exhibit 8.
In her joint promotion, Ms. Roberts also alleged she was forced to have sex with Harvard
Law Professor Alan Dershowitz, Model Scout, Jean-Luc 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.
Ms. Roberts' statement, Controverting Defendants' Facts See Response to Point Number 7 and 11
Above
Defendants purported Facts Number 13
Ms. 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.
Ms. Roberts' statement, Controverting Defendants' Facts
Agreed that Ms. Roberts made this statement and has since discovered evidence that indicates
she was mistaken on the exact time frame of her abuse and was with Defendant and Jeffrey
Epstein from the years 2000 to 2002.
Defendants purported Facts
Ms. Roberts suggests the government was part of Epstein's conspiracy when it secretly
negotiated a non-prosycution agreement with Epstein, pre-cluding federal prosecution
of Epstein and his co-conspirators.
The government's secrecy, Ms. Roberts alleged, was motivated by its fear that Ms. Roberts
would raise powerful objections to the agreement that would have shed tremendous public light
on Epstein and other powerful individuals.
Ms. Roberts' statement, Controverting Defendants' Facts
Roberts did not suggest that the government was part of Epstein's conspiracy to commit
sex offenses.
The CVRA case deals with whether the government failed in their responsibilities to the victims
to inform the victims that the government was working out an NPA.
And it is Ms. 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.
See McCauley Declaration at Exhibit 50, Join Your Motion, Roberts 00319-00333.
The defendants purported Facts 15.
Notably the other Jane Doe, who joined Ms. Roberts' motion who alleged she was sexually
abused many occasions by Epstein, was unable to corroborate any of Roberts' allegations.
Ms. Roberts' statement, Controverting the Defendants' Facts, This is untrue.
The other Jane Doe could corroborate many of Ms. Roberts' allegations based on the similar
pattern of abuse that she suffered by Epstein.
She did not know Ms. Roberts, though.
Redacted who was deposed in this case and who was the minor, corroborates the same pattern
of abuse.
See McCauley Declaration at Exhibit 7.
Defendants purported Facts 16.
Although notably in our multiple and lengthy consensual interviews with Ms. Churcher, three
years earlier, Ms. Roberts told Ms. Churcher, a virtually none of the details she described
in the joineder motion.
Ms. Roberts' statement, Controverting the Defendants' Facts, This is untrue.
Furthermore, Defendant does not offer any citation or evidence on this point.
Defendant's statement here is knowingly false.
Having read the articles and taken Ms. Roberts' deposition, Defendant knows that Ms. Roberts
did reveal details in 2011, consistent with those in the joineder motion.
See McCauley Declaration at Exhibit 31, FBI redacted 302.
Roberts 001-35-1246.
The Defendants purported Facts 17.
Ms. Maxwell's response to Ms. Roberts' lured accusation the January 2015 statement.
As Ms. Roberts and her lawyers expected, before Judge Mara in the CVRA action could strike
the lured details, the Ms. Roberts allegations in the joineder motion, members of the media
obtained copies of the motion.
Ms. Roberts' statement, Controverting the Defendants' Facts.
See Ms. Roberts' response to point number seven above?
Defendants purported Facts 18.
At Mr. Barton's direction on January 3, 2015, Mr. Gao sent to numerous representatives
of British media organizations an email containing a quotable statement on behalf of Ms. Maxwell.
The email was sent to more than six and probably less than 30 media representatives.
It was not sent to non-media representatives.
Ms. Roberts' statement, Controverting the Defendants' Facts.
Defendant falsely claims that Mr. Barton's direction on January 3, 2015, Mr. Gao sent
to numerous representatives of British media organizations an email containing a quotable
statement on behalf of Ms. 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 Mr. Barton's
direction.
Indeed, on the evening, before his deposition, Mr. Gao produced an email, exchange he had
had with the defendant in which the defendant directs Mr. Gao to the press statement.
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Hi, this is Alex Cantrowitz. I'm the host of Big Technology podcast, a long time reporter
and an on-air contributor to CNBC, and if you're like me, you're trying to figure out how
artificial intelligence is changing the business world and our lives.
So each week on Big Technology, I bring on key actors from companies building AI tech
and outsiders trying to influence it, asking where this is all going, to come from places
like Nvidia, Microsoft, Amazon, and plenty more.
So if you want to be smart with your wallet, your career choices, and meetings with your
colleagues and at dinner parties, listen to Big Technology podcast wherever you get your
podcasts.
Grown-ups, try to see what I see.
You see a rain cloud, I see an elephant in the sky.
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So be patient and give him space.
Keep your eyes out for motorcyclists, a message from the Virginia DMV.
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 Gao State's urgent, this is the
statement, thereby instructing Gao to release this statement to the press.
Shortly after defendant sent this email to Gao, directing him to release the statement,
Gao distributed the statement to multiple media outlets.
Neither defendant nor Gao have produced any email in which Barton directed Gao to issue
this press release, nor can they.
Despite sending it herself and despite it being responsive to six court-ordered search
terms, defendant failed to reduce this email.
Her press agent, Gao, produced this the evening before this deposition on November 17, 2016,
at the deposition Mr. Gao 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, Mr. Dyer, sorry, I don't
quite understand that answer.
The witness, I must spoke that.
I did receive it from Miss Maxwell, Mr. Dyer, okay, question, the subject line, does
that 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 Mr. 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, Galein, 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.
See McCauley declaration at Exhibit 6, together the email and Gau's testimony unequivocally
established that defendant, not Barton directed and commanded Gau to publish the defamatory
statement.
Interestingly, the first sentence of defendant's paragraph 18 is false, the second statement.
This email was sent to more than six and probably less than 30 media representatives omits
the fact that not only did Gau admit to emailing the statement to the press, but he also
read it to over 30 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 30 journalists
and media outlets about this and I can't recall every single detail of every single conversation.
See McCauley declaration at Exhibit 6.
Thus, the second sentence of defendant's paragraph 18 is also false.
All right, folks, we're going to wrap up right here 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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Jeffrey Epstein: The Coverup Chronicles
