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Case 18-2868, Document 280, 08/09/2019, 2628232, Page41 of 74 Defendant sent to the press: that Ms. Giuffre was lying about her past sexual abuse. Even in isolation, Defendant’s quote stating that Ms. Giuffre’s claims are “obvious lies” does not distort or misrepresent the message Defendant intended to convey to the public that Ms. Giuffre was lying about her claims. As this Court explained in denying Defendant’s Motion to Dismiss, this case “involves statements that explicitly claim the sexual assault allegations are false.” Giuffre v. Maxwell, 165 F. Supp. 3d 147, 152 (S.D.N.Y. 2016). Furthermore, the facts at issue here make the Rand holding inapposite. In Rand, a newspaper paraphrased and “sanitized” defendant’s 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 not did not mean “screwed” in the literal sense, but as “rhetorical hyperbole, and as such, is not to be taken literally.” /d. By contrast, there is no hyperbole in Defendant’s defamatory statement, and it was never distorted or paraphrased by any publication known to Ms. Giuffre. A jury could reasonable conclude that Defendant’s statement that Ms. Giuffre’s claims of child sexual abuse are “obvious lies” is not a rhetorical device, nor hyperbole, but a literal and particular affirmation that Ms. Giuffre lied. Accordingly, there is no support in the factual record that the media reporting that Defendant stated that Ms. Giuffre’s claims of childhood sexual abuse are “obvious lies” is a distortion of 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, 33