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20 Za 22 23 24 25 Case 1:15-cv-07433-LAP Document 1332-10 Filed 01/08/24 Page 63 of 64 62 H2G8GIUC say, Mr. Gow, I just drafted this statement without the help of any lawyers, would you please issue the statement? That's not what Ms. Maxwell said. She said, this is the statement, this is the agreed statement. That's perfectly in consonance with Mr. Barton's declaration. What does Mr. Barton say? Mr. Barton says, I drafted the vast majority of the statement, and to the extent that anyone else contributed to drafting the statement, I adopted it and I approved it as my own, and I am the one who directed Mr. Gow to issue the statement. Those are not inconsistent. That's not a basis for a jury trial, Judge. Finally, we get to this issue of the plaintiff having to prove falsity by clear and convincing evidence, actual malice by clear and convincing evidence. There was very little discussion of this by Ms. McCawley, but she points out that we are not going to try to prove actual malice as to any discrete set of statements made by our client. We are not going to try to prove the truth of her allegations that makes Ms. Maxwell's January 2015 statement false. We are not going to do that. What we are going to do instead, Judge, according to Ms. McCawley, is we are going to prove that our client was sexually abused and trafficked. This returns us to the beginning, Judge. It is crucially important to the parties that they know what they are litigating, and I see two ships passing in the night on the central question in this case. On the one hand, the plaintiff SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300