Witnesses invoke Fifth Amendment despite non‑prosecution agreement, hindering plaintiff's case

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 146 H3vlgiu2 Amendment privilege here because indeed, if these witnesses were to testify truthfully, the testimony would be beneficial to Ms. Maxwell. If you ever get the opportunity to watch the video of these two witnesses, your Honor, it's remarkable because there's a lot of eye rolling and facial expressions in response to the leading questions by plaintiff's lawyers that, in my analysis -- I may be testifying, your Honor, I must admit. But in my observation, it was basically a nonverbal "that's not true" and then the invocation of the Fifth Amendment privilege, and if that gets played for the jury, the jury can see that or you can see it. At one point Ms. McCawley chided one of these witnesses and said something like, you know, if you keep doing what you're doing, we're going to have to do something else, because she didn't like the facial expressions or the words that the witness was using to invoke the Fifth Amendment privilege. That's how much these folks could help Ms. Maxwell but can't, and they can't because they're protecting their own interests. They're not protecting Ms. Maxwell's interests. They're worried that if the plaintiff's lawyers succeed in Florida, they have some threat of prosecution, so they're not going to testify. But again -- and this is, again, a point that seems to be overlooked by plaintiff's counsel -- these two individuals are indeed named in this nonprosecution agreement by name. Ms. Maxwell is not, and Ms. Maxwell didn't choose to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011449