Amendment privilege here because indeed, if these witnesses
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Amendment privilege here because indeed, if these witnesses
were to testify truthfully, the testimony would be beneficial
to Ms. Maxwell.
If you ever get the opportunity to watch the video of
these two witnesses, your Honor, it's remarkable because
there's a lot of eye rolling and facial expressions in response
to the leading questions by plaintiff's lawyers that, in my
analysis -- I may be testifying, your Honor, I must admit. But
in my observation, it was basically a nonverbal "that's not
true" and then the invocation of the Fifth Amendment privilege,
and if that gets played for the jury, the jury can see that or
you can see it. At one point Ms. McCawley chided one of these
witnesses and said something like, you know, if you keep doing
what you're doing, we're going to have to do something else,
because she didn't like the facial expressions or the words
that the witness was using to invoke the Fifth Amendment
privilege. That's how much these folks could help Ms. Maxwell
but can't, and they can't because they're protecting their own
interests. They're not protecting Ms. Maxwell's interests.
They're worried that if the plaintiff's lawyers succeed in
Florida, they have some threat of prosecution, so they're not
going to testify. But again -- and this is, again, a point
that seems to be overlooked by plaintiff's counsel -- these two
individuals are indeed named in this nonprosecution agreement
by name. Ms. Maxwell is not, and Ms. Maxwell didn't choose to
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
HOUSE_OVERSIGHT_011449
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