Giuffre_Maxwell_Batch5_p00215.png

Case 1:15-cv-07433-LAP Document 1330-15 Filed 01/05/24 Page 28 of 43 Epstein also took the Fifth with regard to many questions for which there was no realistic risk of self-incrimination. As the Eleventh Circuit has explained, “[t]he central standard for the . application [of the fifth amendment privilege against self-incrimination is] whether the claimant is confronted by substantial and ‘real’, and not merely trifling or imaginary, hazards of incrimination.” United States v. Argomaniz, 925 F.2d 1349, 1353 (11th Cir. 1991) (citing Marchetti v. United States, 390 U.S. 39, 53 (1968). Thus, the privilege applies only in “instances where the witness has reasonable cause to apprehend danger” of criminal liability. Argomaniz, 925 F.2d at 1353 (citing Hoffinan v. United States, 341 U.S. 479, 486 (1951). Not only does Epstein bear the burden of establishing the validity of his privilege claim, but a “court must make a particularized inquiry, deciding, in connection with each specific area that the questioning party wishes to explore, whether or not the privilege is well-founded.” Argomaniz, 925 F.2d 1349, 1355 (11th Cir. 1991), Here, there are a number of questions that does not appear to pose any “substantial and real” risk of incrimination. These questions include the following: 4 Q. Is there anything, including any physical conditions or ailments, that would prevent you from giving truthful testimony today? (Jd. at 15). 2, Q. What state do you consider yourself to be a citizen of? (Jd. at 15-16). ae Q. You know the Defendant in this case, Ghislaine Maxwell, true? (/d. at 16). 4, Other questions of a similar nature about interactions with Maxwell, (/d. at 16- 20). Epstein has a joint defense agreement and common interest agreement with Maxwell. (/d. at 20-21). aA 6. Without going into the substance of any communications that you have had, you have communicated with Maxwell since September 21st, 2015, true? (/d at 26.) ‘i Q. What e-mail accounts has Maxwell used in her communications with you? (Jd. at 27).