97 H3vlgiu2 ih MS. SCHULTZ: Because it was denied, your Honor. 2 THE COURT: The motion was -- well, okay. 3 MS. SCHULTZ: Your Honor, even assuming, arguendo, 4 that this is not cause of action, it should still be admitted 5 as evidence. This is a motion in limine to exclude it as 6 evidence. 7 THE COURT: All right. Assume for the moment that the 8 case that counsel has given me is accurate, and then why would 9 it get in? What does it add? 10 MS. SCHULTZ: It adds state of mind, defendant's state 1a of mind in issuing -- 12 THE COURT: The state of mind didn't change in two 13 days. 14 MS. SCHULTZ: Right. It says that she stood by her 15 statement and did not retract it. 16 THE COURT: Well, she certainly is standing by it de today. 18 MS. SCHULTZ: And your Honor, it shows one other 19 thing. Throughout this litigation defendant has tried to argue 20 that defendant had nothing to do with the defamatory 21 statements. In fact, just yesterday defendant's counsel was 22 saying that it was issued by her lawyer and by her press agent. 23 It's her statement, and in this video she is personally owning 24 it, and she can't hide behind her lawyer or her press agent. 25 THE COURT: Oh, okay, okay, okay. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011400