150 H3VOGIU3 1 MR. PAGLIUCA: (continued) I don't care about that, 2 but, you know, I mean, we're going to deal with these issues, 3 and we'll deal with them so the timing is of no consequence to 4 me, but I'm not complaining about it, I'm just responding to 5 it. 6 But for those reasons, your Honor, you shouldn't allow 7 anybody to present any adverse inference from these witnesses. 8 They should not just be part of this trial. Thank you. 9 MR. CASSELL: In reply, your Honor, I think you can 10 just see from the upset there what's going to be happening at 1a this trial. This is the direct quote from Mr. Pagliuca. 12 "Fantastical conspiracy". That's going to be the argument from 13 the other side. They're obviously entitled to advance that 14 argument. But that's what Ms. Giuffre is going to need to 15 respond to at the trial. And, of course, the jury will think 16 this is a fantastical conspiracy if Ms. Giuffre doesn't even de bring in some of the alleged conspirators such as Epstein, 18 Kellen, and Marcinkova. 19 Now, we'll hear that this is somehow a hearsay issue 20 under 801(d) (2). This is not a hearsay. There are going to be 21 witnesses in the case, questioned and cross examined. So this 22 isn't a question of inadmissible hearsay, this is a question of 23 presenting a witness to the jury. 24 THE COURT: How do you think this evidence is -- it's 25 going to go in by way of either deposition or the depositions SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011453