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Case 18-2868, Document 280, 08/09/2019, 2628232, Page54 of 74 the public at large. 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. Giuffre’s 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. 3. Defendant cannot invoke the pre-litigation privilege because she has no “meritorious claim” for “good faith” litigation. Finally, Defendant cannot prevail in asserting this qualified privilege because, in order to invoke this privilege, she must have “meritorious claims” for “good faith anticipated litigation.” Khalil specifically states that for the qualified privilege to apply, the statements must be made “pertinent to a good faith anticipated litigation,” and it does not protect attorneys . . . asserting wholly unmeritorious claims, unsupported in law and fact, in violation of counsel’s ethical obligations.” Khalil, 24 N.Y.3d at 718, 720 (emphasis added). Defendant has neither “meritorious claims” nor “good faith anticipated litigation.” Defendant cannot have a “meritorious claim” for “good faith anticipated litigation” against the press (or Ms. Giuffre) because Ms. Giuffre’s reports of her sexual abuse are true, Defendant knows that they are true, and Defendant made a knowingly false statement when she called Ms. Giuffre a liar. Under these circumstances, Defendant has no “meritorious” claim to make in “good faith” relating to either Ms. Giuffre’s statements or their coverage in the press, thereby making her defamatory statements wholly outside the protection of this qualified privilege. At the very least, the issue of 46