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Case 1:15-cv-07433-LAP Document 1325-1 Filed 01/04/24 Page 13 of 21 capacity. Ms. Maxwell proffers the following clear and specific showing establishing each of these elements, requiring production of the information sought and deposition of Churcher. A. The Information Sought from Churcher is Highly Material and Directly Relevant This is a case about whether or not allegations in the Joinder Motion were lies, in particular the claims about Ms. Maxwell, Prince Andrew and Alan Dershowitz, which are the specific items that were denied in Ms. Maxwell’s press release. The information sought from Churcher is highly material in proving that that each time the story is told, new salacious details are added — the alleged defamatory statement. Indeed, it could be the most probative evidence in this case. “In determining whether the defendant has made a clear and specific showing that the information sought is critical or necessary to [her] defense, this court should not ‘substitute its judgment for a defendant's on the question whether such evidence is ‘necessary and critical’ to a defense.” Matter of Sullivan, 167 Misc. 2d 534, 540, 635 N.Y.S.2d 437, 441 (Sup. Ct. 1995) (quoting United States v. Sanusi, 813 F.Supp. 149, 160 (U.S.Dist.Ct.E.D.1992)). Starting with Ms. Maxwell, Churcher’s articles directly conflict with the allegations in the Joinder Motion and Plaintiff's testimony in this case. First, Churcher’s original article reports the following regarding Plaintiff's first visit to Mr. Epstein’s mansion: “Td get training and be paid well. Virginia’s father gave his blessing, believing his daughter was being handed the opportunity to learn a skill and to work for a wealthy and respectable employer. He drove her to Epstein’s pink mansion on the Palm Beach waterfront . . . Virginia says: ‘Ghislaine said I was to start immediately and that someone would drive me home. My father left and I was told to go upstairs.’ She was led by another woman through Epstein’s bedroom into a massage room where he lay face down naked on a table. 11