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OMNDNRWNK Case 1:15-cv-07433-LAP Document 1335-6 Filed 01/09/24 Page 5 of 134 Page 10 J. Epstein - Confidential could result in a waiver of my Constitutional privileges. I understand that one of the basic functions of the Fifth Amendment, according to the United States Supreme Court, is to protect all citizens, including even innocent persons who otherwise might be insnared by ambiguous circumstances. On the advice of counsel, I assert my rights under the Fifth Amendment and respectfully decline to answer your question. MR. CASSELL: Mr. Goldberger, it's your position that having him acknowledge who my client is creates a realistic risk of incrimination? MR. GOLDBERGER: We're not going to debate at this deposition whether the implication of the Fifth Amendment privilege is proper or not proper. We are simply asserting the privilege. And if that needs to be discussed or litigated somewhere else, we'll be happy to do so, so... BY MR. CASSELL: Q. If refer to Virginia today, I want you to understand that I'll be referring to my client, Miss Virginia Roberts Giuffre. OMNDWNWKRWNE Page 12 J. Epstein - Confidential answer would be edited and -- and would be the full answer that Mr. Epstein gave to the first question. Really, your choice on that as to how you would like to proceed. MR. CASSELL: Yeah. Whatever you think would be the fastest. I want to get through this. MR. GOLDBERGER: Okay. MR. CASSELL: And so, obviously, we'll be objecting to many of these invocations already. MR. GOLDBERGER: Sure. MR. CASSELL: I think that these are improper invocations, but if we're going to litigate that elsewhere, that certainly is one way to proceed. MR. GOLDBERGER: Okay. So is it fair to say we've reached an agreement that if Mr. Epstein simply says, the Fifth, the answer that would be part of the record for any time these proceedings are used anywhere would be the full invocation Mr. Epstein used in answer to the first question? MR. CASSELL: Yes. And I would at the Page 11 J. Epstein - Confidential Is that an acceptable way to proceed today, sir? A. As [stated before in response to my -- to your earlier question, I am asserting my constitutional right not to respond to that question. MR. GOLDBERGER: This would be a good opportunity, I think, to kind of discuss ground rules for the implication of the Fifth Amendment -- MR. CASSELL: All right. MR. GOLDBERGER: -- as we proceed in this deposition. We've advised you off the record and it's not any surprise to anyone that Mr. Epstein fully intends to invoke Fifth Amendment privileges to all of your questions. We can -- as we answer your questions, and we'll be happy to answer all your questions, we can use the full invocation that we did in response to your first question, we can use the invocation that we just did in response to your second question, or we simply can say, Fifth Amendment, with the understanding that the MAGNA® Page 13 J. Epstein - Confidential -- I would then raise an objection to the nonresponsive portion of the invocation, such as, for example, a reference to "innocent persons." It seems to me that's not necessary for him to take the Fifth. MR. GOLDBERGER: Okay. MR. CASSELL: As long as we have your position and our position both stated all the time, that -- that seems like the most expeditious way to proceed. MR. WEINBERG: One other matter, a preliminary matter, which is that we would reserve our right to particularize a full basis based on the record of this case, the record of the CVARC -- CVRA case, representations that have been made by you and Mr. Edwards regarding Mr. Epstein and his potential criminal liability and your intention to seek to rescind his non-prosecution agreement, the admissions taken on the absence of the meaningful Statute of Limitations, in terms of our spelling out, if the Fifth Amendment is challenged in regards to any response b 4 (Pages 10 to 13) LEGAL SERVICES