Giuffre_Maxwell_Batch2_p00017.png

Case 1:15-cv-07433-LAP Document 1325-1 Filed 01/04/24 Page 16 of 21 American politicians, powerful business executives, foreign presidents, a well-known Prime Minister, and other world leaders.” Menninger Decl., Ex. C. Notably, Plaintiff has not identified any foreign presidents, a prime minister, a foreign head of state, a world-renowned scientist or numerous “prominent American Politicians” in her Rule 26 disclosures in this case. So the question is, who did Plaintiff identify to Churcher in 2011, and how has that list changed and expanded over time. Only Churcher can provide this information. Churcher’s publications in March of 2011 were the first publication containing the now widely publicized picture of Plaintiff with Prince Andrew. Plaintiff was well paid for this picture, and continued to get royalties on the reprints. Despite multiple requests, Plaintiff has not been able to produce or provide the actual native version of the picture, or identify the specific date it was taken. Given that Churcher was the first news source to print the picture, and later worked with the FBI to provide information, she is likely the person who has the photo, or knows the chain of custody of the picture. Either way, information including the date and location where the picture was taken are relevant. Churcher is the only person who may be able to provide the information to track down the picture, or may have it herself. The interview notes, recordings, memos and other documentation in Churcher’s possession regarding Plaintiff are highly probative, material and directly relevant to Plaintiffs fabrication and expansion of claims. For instance, if Plaintiff specifically told Churcher that she only met, but did not have sexual relations with, Prince Andrew in early 2001, the statement in the Joinder Motion is a lie. Given that Churcher reported that there is “no indication of sexual interaction with Prince Andrew,” in 2011 only Churcher can provide testimony or notes reflecting the basis for that published statement. 14