40 H3VOGIU1 ih Of course, we would want to explain that there were nine 2 separate reasons why those allegations were included. Judge 3 Marra referred to the first of the nine reasons. We have eight 4 other additional reasons why those were included. It would 5 essentially, again, be a mini trial about, well, what does a 6 joinder motion mean? Did you file under Rule 15? It should 7 have been under Rule 21. What did the judge do? 8 It has no bearing at all on the issues in the case, 9 and it, of course, has very substantial prejudicial effect 10 because it leads to a confusion of the jury. The jury's trying 1a to figure out, well, what's going on in the Crime Victims 12 Rights Act case when the issue is whether or not Ms. Giuffre 13 defamed. 14 Now, there is an issue in their pleadings. They say, 15 well, this could end up being relevant because there might be 16 some kind of a privileged setting issue. Again, I think your de Honor correctly was pointing out a moment ago, if things show 18 up in the trial, it's possible that something could change, but 19 we don't anticipate that becoming an issue in the trial at this 20 point. If the issue of whether this was a privileged setting 21 somehow becomes an issue in the case, then it would be time to 22 revisit that during the trial. 23 In any event, issues of whether this was a privileged 24 setting or not aren't litigated in front of the jury, that's a 25 legal issue for your Honor to determine whether the setting was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011343