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Case 18-2868, Document 276, 08/09/2019, 2628224, Page33 of 77
allegations that would give the media Ms. Maxwell’s response. Jd. The purpose of the prefatory
statement was to inform the media-recipients of this intent. Jd.
We note that plaintiff in her Complaint makes the same mistake as the Steinhilber
plaintiff—extracting words and phrases from their opinion context so that she can claim the
assertion of a “defamatory” fact. See Doc.1 §] 30. That is not permissible. See Steinhilber, 501
N.E.2d at 555 (“The sentence which plaintiff selects from the message and claims is “factually
laden”—impugning her as lacking in “talent, ambition, and initiative”°—is preceded and
followed by statements which are clearly part of the attempt at humor prevailing
throughout... .”).
The broader social context or setting surrounding the communication, including the
existence of any applicable customs or conventions which might signal to readers that what
is being read is likely to be opinion, not fact. This factor is concerned with “the factual
background” leading up to the preparation of the statement. It is a critical factor here. In
December 2014, plaintiff and her lawyers had timed for maximum effect—during the slow news
cycle between Christmas and New Year’s Day—the public filing of a superfluous motion filled
with salacious and provocative allegations of “sexual abuse” and “sexual trafficking” involving
wealthy and prominent Americans. Plaintiff deliberately placed Ms. Maxwell in the middle of
the abuse and trafficking, alleging that she recruited plaintiff into the sexual abuse/trafficking
scheme and engaged in numerous criminal acts.
Importantly, three years earlier when plaintiff was interviewed extensively by Churcher
for two lengthy articles published in March 2011, plaintiff's allegations concerning Ms. Maxwell
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were very much different. In the articles discussing plaintiffs “shocking account”’” of being
MEXHIBIT A, at 2.
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Dates
Document Details
| Filename | DocumentCloud_Epstein_Docs_p00082.png |
| File Size | 281.8 KB |
| OCR Confidence | 93.6% |
| Has Readable Text | Yes |
| Text Length | 1,962 characters |
| Indexed | 2026-02-04 12:22:28.359093 |