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Case 1:15-cv-07433-LAP Document 1325-1 Filed 01/04/24 Page 17 of 21 B. Churcher’s documents and testimony are critical to Ms. Maxwell’s truth defense and Plaintiff’s claims As stated in the Motion to Quash, the “highly relevant” and “critical or necessary to the litigant's claim or defense” prongs of the test for overcoming a qualified privilege largely overlap. In this single count defamation action, this is particularly true. As can be seen by the clear and specific showing above, all of the information sought from Churcher is critical to the defense of substantial truth. It is well settled that truth is an absolute defense to a claim of defamation. “Under New York law, it is well-settled that truth is an absolute, unqualified defense to a civil defamation action. It is an equally fundamental concept that substantial truth suffices to defeat a charge of libel.” Jewell v. NYP Holdings, Inc., 23 F. Supp. 2d 348, 366 (S.D.N.Y. 1998) (internal quotations and citations omitted). In examining the role of Churcher’s testimony and documents to this defense, it is important to look at the actual text of that press statement:: Each time the story is re told it changes with new salacious details about public figures and world leaders and now it is alleged by Ms. Roberts that Alan Dershowitz is involved in having sexual relations with her, which he denies. Ms. Roberts claims are obvious lies and should be treated as such and not publicized as news, as they are defamatory. Ex. D As demonstrated above, Ms. Churcher’s documents and testimony are critical to establishing the fact that each time Plaintiff has told her story it changes and new salacious details are added. Likewise, Churcher admits that her testimony is relevant to Plaintiff's credibility. While a journalist testimony relating to impeachment or credibility of a party may not normally be critical, it is here. Plaintiffs credibility, or lack thereof, is the central issue in the case. This is not merely impeachment evidence, it is the crux of the case. If Plaintiff is a “liar” defense of 15