16 H3VOGIU1 1 list, we're not able to cross examine him, so what they want to 2 do is introduce triple hearsay of Buckingham Palace saying what 3 Prince Andrews said in a news article without the reporter 4 against my client without our ability to cross examine him on 5 that. 6 So your Honor, they've tried to argue a little bit of 7 a securitous way, I think that it's a verbal act on behalf of 8 Prince Andrew, it doesn't meet that criteria, there's been no 9 statement by -- there's been no action by my client against 10 him, and what's at issue in this case is, again, Maxwell's 1a statements against my client. 12 The case that they cite actually, the Minemyer case, 13 goes against them. It actually talks about how you would have 14 to call the reporter, that that couldn't come into evidence. 15 And so, your Honor, for those reasons, we believe that, again, 16 that's a distraction, it's highly prejudicial to allow a triple de hearsay document like that to come in without our ability to be 18 able to cross examine that individual. So for those reasons, 19 your Honor, we believe that that should not come in. 20 They also made an argument that it's somehow an 21 intervening cause or that, you know, it goes to the issue of 22 she should be seeking damages from Prince Andrew, things of 23 that nature. But as we know, because your Honor reviewed the 24 case law with respect to the summary judgment, each individual 25 is responsible for their own defamation, so it doesn't come SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011319