A federal judge in Manhattan ruled Wednesday that the sexual abuse lawsuit against Prince Andrew will be allowed to proceed.
Virginia Giuffre has alleged that Epstein and Ghislaine Maxwell trafficked her to the Duke of York, who raped her when she was 17-years-old.
US District Judge Lewis A. Kaplan sided with Giuffre’s lawyers, who had argued that a 2009 settlement Giuffre signed with Epstein for $500,000 – in which she agreed not to sue anyone linked to the convicted pedophile who could be a “potential defendant.” Kaplan ruled that the agreement was only signed for Epstein’s benefit, and not that of a “third party” like Andrew.
Andrew’s motion to dismiss on these grounds was “denied in all respects” by Kaplan, as the court “cannot rewrite the 2009 Agreement to give the defendant rights where the agreement does not clearly manifest an attempt to create them.”
This bad news for Andrew was compounded last week, after the Queen of England reportedly refused to foot his legal bills, forcing him to liquidate a Swiss chalet in a fire sale.
More from Jonathan Turley, who’s not so sure this ruling will stick:
We discussed the novel arguments put forward by Prince Andrew, including a sweeping waiver of future claims by Giuffre in a settlement with Epstein. As we discussed earlier, the long-secret 2009 settlement contains a provision that would seem to favor Prince Andrew in seeking dismissal. In exchange for $500,000, Giuffre agreed not only to release Epstein from any liability but any “other defendants” associated with him. Giuffre agreed to “remise, release, acquit, satisfy, and forever discharge the said Second Parties and any other person or entity who could have been included as a potential defendant (‘Other Potential Defendants’) from all, and all manner of, action and actions” that she may bring, whether “state or federal.”
That is pretty sweeping and this ruling could create major appellate issues. Prince Andrew argued that he is clearly a “potential defendant” as defined by the agreement. Indeed, given his close relationship to Epstein, he was likely one of the figures in mind when Epstein sought the broad language.
Kaplan worked mightily to avoid that conclusion. She insisted that it is not clear that the 2009 settlement benefits Prince Andrew. She asked “what is a ‘potential defendant’ as distinguished from a ‘defendant’?”
It is hard to see how Prince Andrew is not a potential defendant under this sweeping argument.
The court, however, ruled that it is not clear that this agreement can be enforced by anyone other than Epstein, who is now dead. According to this logic, any limits on Giuffre died with him. Yet, that means that Giuffre accepted half a million dollars on the promise not to sue any potential defendants but will now be able to do precisely that in federal court.
I have no sympathy for Prince Andrew and the question of enforceability is a difficult one. However, this and other issues raised by his defense team are credible and likely to be raised on appeal.
* * *
That said, no wonder Andrew was so pissed over the press exposing his exploits…
300,000 Brits Have ‘Stealth’ Heart Condition That Could Kill Them ‘In 5 Years,’ Researchers Say
Doctors are urgently warning people in the United Kingdom that 300,000 Brits are living with a “stealth” heart condition that could kill them within five years.
A report by The Sun warned that some 300,000 Brits in the United Kingdom are living with a “stealth” heart disease that could kill them in five years, according to researchers in the UK and Australia.
A third of the people with the mysterious heart disease are “likely to have no idea they are infected because they do not show clear symptoms.”
The disease, aortic valve stenosis (AS) is a heart condition that “often shows no symptoms until it’s already too late.”
From the report:
The condition is when the heart’s aortic valve narrows, reducing or blocking blood flow from the heart into the main artery to the body (aorta).
This can cause chest pain, dizziness, fatigue, or a rapid, fluttering heartbeat in the more severe and life-threatening cases.
Some people are more prone to getting it, including those of older age, with diabetes, high blood pressure, or heart conditions from birth.
Given the ageing of the UK population, it is thought that there may be a large pool of as yet undiagnosed people.
Does the COVID-19 vaccine adversely impact the heart?
Researchers in the UK and Australia set out to estimate how many people could be living with the condition now, and of those, how many are at risk of death.
According to the researchers, 1.5% of people over the age of 55 in the UK at any one time could have severe AS, equal to around 300,000 people.
Just under 200,000 of them were symptomatic, indicating that they had a severe case of the disease and were eligible for surgery.
The remaining 90,000 had a “silent” case and will “probably not be diagnosed” unless they are screened for other issues.
Without timely treatment, researchers say, an estimated 172,859 people will die over the next five years heading into 2024, meaning 35,000 people every year, with 10,000 of those deaths being among 55-64 year olds.
Studies have shown that people with a severe case of AS who do not get treated with surgery have a 25% chance of dying within the first year after symptoms begin, with the risk increasing to 50% in the second year.
The researchers, led by Geoffrey Strange, a cardiologist at the Royal Prince Alfred Hospital, Sydney, said: “In conclusion, this study suggests that severe [aortic stenosis] is a common condition affecting many individuals within the UK population aged 55 [and older].
“Without appropriate detection and intervention, their survival prospects are likely to be poor.”
The researchers are concerned the NHS will not be able to cope with the wave of older people with aortic disease over the next few years.
The research comes as some remain concerned that myocarditis and other heart conditions known to be side effects of the controversial COVID-19 vaccines are not being taken seriously.
Some suggested the new warning regarding AS and the COVID-19 vaccines could be linked, though National File was not able to find evidence confirming this.
It’s the jabs!! Don’t flannel the truth! This stealth heart disease bollocks is just the cover up to justify the coming deaths!!!https://t.co/EPtx83GdMV
— Truthseeker1984 (@Truthseeker1985) January 27, 2022
they’re already setting up the excuse when you mindless sheep start dying.
300,000 Brits living with stealth disease that could kill within 5 years pic.twitter.com/K0RsnoXfjL
— Talking Surface Monkey (@blackbarthnews) January 27, 2022
Cover stories already circulating to cover long term vax injuries in the next 5 years???? https://t.co/9Q2zSJS2A0
— Marmite 🌸🌸🌸 (@marmite2021) January 27, 2022
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HERE IT IS: Supreme Court Justice Stephen Breyer Publishes Letter Announcing His Retirement
Justice Breyer on Thursday officially announced his retirement from the Supreme Court after 27 years on the bench.
Joe Biden and Stephen Breyer will be speaking at 12:30 on Thursday where the president will announce his new SCOTUS nominee to replace Breyer.
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Stephen Breyer, a Bill Clinton appointee, released a letter about his retirement.
Justice Breyer said he plans to retire at the end of the current SCOTUS term (June/July).
Read it here:
Judge Forces Trump Attorney to Turn Over 1,500 Pages a Day for Liz Cheney’s Amusement
A California judge is forcing Trump Attorney John Eastman to review and turn over at least 1,500 documents a day in the Democrat Party’s continued harassment and abuse of the opposition party.
Eastman, a staunch Trump supporter, is a major target of the communist left in their ongoing attempt to crush their opponents and send a message to the people of America. NO dissent will be allowed.
Liz Cheney and her committee members must be very pleased.
Eastman was outspoken in his belief that the 2020 election was stolen from the most popular president in American history. Trump recorded more votes by a sitting President in a national election. A majority of Americans to this day believe the election was decided by fraudulent means.
A federal judge Wednesday night ruled that former President Donald Trump’s lawyer must review at least 1,500 pages of records per business day and immediately transfer any unprivileged documents to the House Jan. 6 committee.
Judge David Carter, of the U.S. District Court for the Central District of California, ordered attorney John Eastman to begin producing pages to congressional investigators beginning Friday, Politico reported.
Any documents Eastman deems privileged must be given to Carter. If the committee challenges the lawyer’s claim, the judge will review the records to determine whether the assertion was valid before holding a hearing to adjudicate the privilege disputes.
Carter earlier rejected Eastman’s attempt to block the committee’s subpoena for 19,000 pages of emails held by his former employer, Chapman University. Eastman has claimed that many of the emails relate to his legal clients and therefore be subject to potential attorney-client privilege.
The Wednesday night ruling showed that Carter is taking a more hands-on approach than any federal judge so far to assist the Jan. 6 select committee’s effort to access specific documents from a reluctant witness.
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