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Case 1:15-cv-07433-LAP Document 1325-1 Filed 01/04/24 Page 5 of 21 Solargen Elec. Motor Car Corp. v. Am. Motors Corp., 506 F. Supp. 546, 551 (N.D.N.Y. 1981); People v. Dupree, 88 Misc. 2d 791, 796, 388 N.Y.S.2d 1000, 1003 (Sup. Ct. 1976) (“the privilege does not exist if the newsman is called on to testify what he personally observed.”). In this single count defamation action, Churcher is being called as a witness to testify regarding events that she personally observed and in which she participated. This case is about whether the information included in the December 2014 Joinder Motion that Ms. Maxwell called obvious lies were, in fact, lies. These included allegations about Plaintiff's alleged sexual interactions with Alan Dershowitz and Prince Andrew, specifically referenced in Ms. Maxwell’s denial statement. Not only is Churcher aware that the allegations were false, she helped Plaintiff concoct the stories. A. Churcher was acting as a friend and advisor to help Plaintiff publish her book, not as journalist As set out in Churcher’s Declaration, she first met with Plaintiff in early 2011 and conducted a weeks-long series of extensive interviews in person with Plaintiff, leading to a string of publications in March of 2011. As Churcher stated, her focus in these articles was Prince Andrew. After the interviews and the publication of the March 2011 stories, Churcher continued regular contact with Plaintiff as her friend and business advisor. See Menninger Decl. Ex. A, p. 5-7, 10, 12, 19, 24-25, 30, 32, 35, 37-38, 48, 51, 61 & 68. Churcher encouraged Plaintiff to write a book and to begin pursing publishing contracts as soon as her exclusivity with the Mail on Sunday was over in May 2011. Menninger Decl. Ex. A, p. 2, 5. Churcher recommended a variety of ghost writers and agents to Plaintiff for this purpose, all as Plaintiffs friend, advisor and advocate. See Menninger Decl. Ex. A, p. 5, 9, 10, 12, 15, 25, 30, 32, 35, 37, 38, 42, 48, 50 &60. Churcher also initiated contact with the US Attorney’s office and FBI on behalf of