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Case 1:15-cv-07433-LAP Document 1331-36 Filed 01/05/24 Page 4 of 10 LiButti, 107 F.3d at 123-24 (italics in original). In her motion seeking to present Mr. Epstein’s assertions of his Fifth Amendment privilege in response to various questions, plaintiff has argued why these factors should result in adverse inferences against defendant Maxwell, see Plaintiff Giuffre’s Motion to Present Testimony from Jeffrey Epstein for Purposes of Obtaining an Adverse Inference (“Motion to Present Epstein Testimony’’) at 10-13, and defendant Maxwell has argued why they should not, see Defendant’s Response in Opposition to Plaintiff Giuffre’s Motion to Present Testimony from Jeffrey Epstein for Purposes of Obtaining an Adverse Inference (“Opposition to Motion to Present Epstein Testimony”) at 2-11. Requiring Mr. Epstein to appear personally to assert his Fifth Amendment privilege in front of the jury has no potential whatsoever to add to or detract from either plaintiff's arguments in favor of an adverse inference or arguments in opposition presented by defendant Maxwell. These factors all present questions which can be determined entirely independently of Mr. Epstein’s appearance as a witness at trial. Plaintiffappears to recognize as much, as she makes no distinction in her motion between live testimony and deposition testimony; indeed, plaintiff indicates in her motion that, if Mr. Epstein were to appear as a witness, she would put the very same questions to him as she did at his deposition. See id. at 4 (“Ms. Giuffre now intends to call Epstein to ask him these same questions, either live an in-person if he honors a trial subpoena served on his legal counsel, or, if he fails to appear, via deposition testimony such as the designations just discussed” (emphasis added)). Indeed, in LiButti itself, the issue was the admissibility of the witness’ deposition testimony and the extent to which, if any, adverse inference inferences should be drawn from the witness’ invocation of the Fifth Amendment at his deposition. Nothing will be added to the adverse inference inquiry by requiring Mr. Epstein to appear personally and reassert his Fifth Amendment privilege in front of the jury, nor would the jury be aided in