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Case 1:15-cv-07433-LAP Document 1330-15 Filed 01/05/24 Page 21 of 43 In light of these controlling authorities, Epstein cannot rely on a Fifth Amendment self- incrimination argument to withhold the documents. G Epstein Cannot Assert an Act of Production Privilege to Refuse to Produce the Documents to Ms. Giuffre, Epstein cannot demonstrate that the act of producing documents in incriminating for two separate and independent reasons. First, he will not be producing anything publicly or to the Government, but only confidentially to Ms. Giuffre — a private party. Because any such production will be confidential and pursuant to a protective order, Epstein faces no substantial threat of prosecution from making the disclosure. Second, Epstein’s act of production (as opposed to the documents themselves) is not incriminating. 13 Producing Documents Confidentially to a Private Party Under a Protective Order Does Not Create a Substantial Risk of Incrimination. During his deposition, Epstein cited two cases as supporting his Fifth Amendment invocations: United States v. Hubbell, 530 U.S, 27 (2000); and United States v. Greenfield, -— F.3d ---, 2016 WL 4073250 (2d Cir. Aug. 2, 2016). But as even a cursory review of the case captions in those cases makes clear, both of those cases involved litigation in which the Government was attempting to force a witness to disclose information /o if, In Hubbell, the issue was whether the Government could issue a subpoena to force a witness to turn over documents to a grand jury investigating criminal charges. 530 U.S. at 30-31, In Greenfield, the issue was similarly whether the Government (specifically the Internal Revenue Service or IRS) could force a taxpayer to turn over records demonstrating possible tax evasion to it. Here, no such disclosure to the Government will occur if Epstein is compelled to provide answers to Ms, Giuffre’s questions. Moreover, the entire deposition has already been designated as “confidential” by defendant Maxwell, making the proceedings subject to a protective order. See Addendum A (copy of protective order). In such circumstances, there is no substantial risk 11