Giuffre_Maxwell_Batch4_p00426.png

Case 1:15-cv-07433-LAP Document 1328-23 Filed 01/05/24 Page 14 of 22 clear-cut as to deprive Ms. Giuffre of her right to jury trial borders on frivolous. Ms. Giuffre is a courageous young woman who has come forward to reveal the broad dimensions of a sex trafficking ring — a criminal conspiracy that involved Defendant. That fact, alone, is enough to send the issue of damages to Ms. Giuffre’s reputation to a jury, particularly because any other approach would “require[] the Court to make factual findings regarding plaintiff's reputation for a particular trait.” Church of Scientology Int'l v. Time Warner, Inc., 932 F. Supp. 589, 594 (S.D.N.Y. 1996) (refusing to grant summary judgment on a libel proof plaintiff argument), aff'd 238 F.3d 168 (2d Cir. 2001); see also id. citing Liberty Lobby, Inc. v. Anderson, 746 F.2d 1563, 1568 (D.C. Cir. 1984) (“To begin with, we cannot envision how a court would go about determining that someone's reputation had already been ‘irreparably’ damaged—i.e., that no new reader could be reached by the freshest libel” (Scalia, J.) (emphasis in original)), vacated on other grounds, 477 U.S. 242 (1986). Defendant also predicts that Ms. Giuffre will “have a nearly insurmountable task to demonstrate that [Defendant] acted with the requisite degrees of malice.” DE 370 at 10 (emphasis added). Of course, the qualifier gives away the game — a “nearly” insurmountable task is not one on which summary judgment is appropriate. And, in any event, once Ms. Giuffre proves at trial (as she will) that Defendant was deeply involved in Epstein’s sex trafficking ring, it becomes obvious that Defendant’s attacks on Ms. Giuffre’s credibility were uttered with malice. Defendant knew full well, for example, that Ms. Giuffre’s statements that Defendant was involved in Epstein’s sex trafficking were not “obvious lies.” She knew that because she had been involved in (among other things) procuring multiple underage girls for Epstein to sexually abuse’? — including Ms. Giuffre herself. 10 See Message Pads concerning Defendant (GIUFFRE001523; GIUFFRE001427; GIUFFRE001451; GIUFFRE001454; GIUFFRE001460; GIUFFRE001461; GIUFFRE001464; 14