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HOUSE_OVERSIGHT_011449

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146 H3vlgiu2 ih Amendment privilege here because indeed, if these witnesses 2 were to testify truthfully, the testimony would be beneficial 3 to Ms. Maxwell. 4 If you ever get the opportunity to watch the video of 5 these two witnesses, your Honor, it's remarkable because 6 there's a lot of eye rolling and facial expressions in response 7 to the leading questions by plaintiff's lawyers that, in my 8 analysis -- I may be testifying, your Honor, I must admit. But 9 in my observation, it was basically a nonverbal "that's not 10 true" and then the invocation of the Fifth Amendment privilege, 1a and if that gets played for the jury, the jury can see that or 12 you can see it. At one point Ms. McCawley chided one of these 13 witnesses and said something like, you know, if you keep doing 14 what you're doing, we're going to have to do something else, 15 because she didn't like the facial expressions or the words 16 that the witness was using to invoke the Fifth Amendment de privilege. That's how much these folks could help Ms. Maxwell 18 but can't, and they can't because they're protecting their own 19 interests. They're not protecting Ms. Maxwell's interests. 20 They're worried that if the plaintiff's lawyers succeed in 21 Florida, they have some threat of prosecution, so they're not 22 going to testify. But again -- and this is, again, a point 23 that seems to be overlooked by plaintiff's counsel -- these two 24 individuals are indeed named in this nonprosecution agreement 25 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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