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wo orn nm Fwd NNN NNN PP BP PP SP ee BP WU PWN HF Ob MAN AU RB WNPR OO ow MOAN AM fF WN BY MR. SCAROLA: Q. -- “who would fit into this description? They and the woman got together and contrived and made this up." Did you make that statement on national television? A. Yes, aud | just repeated it under oath. I believe that to be the case. [ think that's exactly what happened. And I think that my source has corroborated that. By the way, can J add at this point -- I don't mean to distract you, but | think the record would be more complete if [ indicated that I did get a phone eall last night from Michael, who told me that he had received numerous phone calls and texts from Virginia Roberts trying to persuade her not to talk to me or cooperate with me and offering the help of a lawyer. And I also -- although you didn't ask the question, Mr. Scarola, I think for eompleteness and fullness, I do want to say that you asked me whether or not I knew about what could be taped and what couldn't be taped. I did tape record some of what Virginia Roberts [sic.] told me, with her oaor~yrnwm & wn NNNNNN FRPP BR BP PP ep UB wn Ow ANH UU AWNHEH OC who made transcripts of them. Q. Did you turn them over to opposing counsel -- MR. SCOTT: The transcripts -- BY MR. SCAROLA: Q. --in the course of discovery? MR. SCOTT: The transeripts we consider to be work product. If you make a request to produee, we'll provide them. MR. SIMPSON: Just for completeness, they were also after your discovery request. MR. SCOTT: Request to produce, we'll eonsider providing them, BY MR. SCAROLA: Q. Is there an entry in any privilege log that identifies these allegedly privileged work product documents? MR. SIMPSON: We will -- the lawyers will address the document production issues. But two things, Mr. Scarola, first, they postdate your request and you have said several times there's no duty to supplement. And second, they're work product. MR. SCAROLA: Well, sir, if they postdated a full and complete production, which we are permission, and I have those tape recordings. Q. Well, you're getting a little bit overexcited, Mr. Dershowitz, because you never tape recorded anything that Virginia Roberts told you. A. Did I say Virginia Roberts? Q. You misspoke. A. Imisspoke. You wouldn't know that. But, in faet, let me be clear. 1 tape recorded, with her permission, Rebecca's statements to me about what Virginia Roberts had told her. And I just want to make sure that for completeness, even though you didn't ask the question yesterday, that's part of the record. Q. Well, Lactually did ask the question and my recollection is that you said you didn't even think about tape recording anything -- MR. SCOTT: No, that's not aecurate. You never asked that. BY MR. SCAROLA: Q. But can you tell us, please, did you turn over those tape recordings in the discovery that you were required to make in this case? A. The discovery -- these events occurred after April of 2015. And | certainly tumed over the recordings and the -- recordings to my lawyers, onwnwm & Ww DY NNNNN NEF PP PP BPP PB eB MU BWNHP OW OUYUAR UH AWNHEHE OY 224 now told they do not, then you wouldn't be obliged to supplement the production that had already been completed. But it is not the date of the request that matters, it is the date of the production that matters. And what we're now being told ts there are allegedly highly relevant transeripts of a telephone conversation that occurred months ago when the last production that we received, which we are told still is not complete, oceurred approximately two weeks ago. So, there's no privilege log entry. There's no production of these documents. And there is clearly a very significant discovery violation if, in fact, such documents exist. MR. SIMPSON: I'm not going to debate it here, Mr. Scarola, but your assertions are not accurate. MR. SCAROLA: Allright. There also was a subpoena duces teeum that was responded to tomorrow -- I'm sorry, yesterday. Can you tell us whether the documents that are now being described are included in response to the subpoena duces tecum on the flash drive that you provided to us? 12 (Pages 221 to 224) www.phippsreporting.com (888) 811-3408 HOUSE_OVERSIGHT_010794