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01:10:55 04:10:57 04:11:07 04:47:06 04:11:06 01:14:08 On 014113 oO ON Oa hb WH =~ otis anise 10 ovtrze 11 ona 12 onit22 13 oma 14 orttnzs 15 04:41:30 16 oxiae 17 an30 18 ons 19 ovary 20 oriae 21 ora 22 04:11:46 23 orsias 24 otnaa 25 01:41:50 04:41:53 01:11:55 04:14:56 01:11:58 01:12:02 01:12:06 01:12:08 Oo Ont Ooah wh = 04:92:10 01:12:14 10 01:12:47 1 01:12:20 12 04:12:23 13 01:12:26 14 01:42:28 15 01:42:29 16 09:12:30 1 7 01:42:31 1 8 01:12:31 1 9 04:12:33 20 04:12:37 21 04:12:42 22 O11247 23 04:12:54 24 01:12:52 25 10/20/2015 01:07:28 PM 61 Q. I would like to know why you alleged “and other minors" given what you have said about your knowledge of the factual basis, so to speak, for that allegation. A. Okay. There are going to be -- I'm going to end up giving you nine reasons, each of which is complicated, so I just want to -- if -- if -- I don't want to be accused of -- of filibustering or anything. I just want you to know that you have asked a broad question that's going to require a broad and extended answer. It -- it -- Q. Answer the question. A. Okay. Then I'm going to refer to a -~ I have a -~ well, actually, I don't. Q. Let me ask you this: Before you refer to something -- A. Yeah. Q._ -- please give me your best recollection of what the basis was, the factual basis that you had in mind. If the court said to you -- let me put it this way. If you went to court and Judge Marra said, Professor Cassell, what's your factual basis for this allegation? Tell me. What would you say? A. Right. MS. McCAWLEY: Wait. Outside the context of ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 62 anything that's been communicated to you. MR. SCAROLA: Excuse me. You have asked two different questions now, and I need to understand which question you are asking. The question that you posed before just now was: What was the reason for your including those allegations in this pleading? Now you have asked: What is the factual basis? And that's going back to questions that we have already covered, and we have, I think, exhausted the ability to respond to that question outside of privileged information. Do you want to go back to the question about: What was your reason for including those allegations? MR. SIMPSON: I'll ask the question a different way. MR. SCAROLA: Thank you. BY MR. SIMPSON: Q. Mr. Cassell, I'm going to ask you: If you're in court and Judge Marra said to you, counsel, what is the factual basis for your allegation that Professor Dershowitz abused other minors, what would you say? And if you wouldn't say something because it was privileged, then don't include it. What would you tell the judge ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 04:42:55 01:12:56 04,13:00 01:13:00 01:43:02 01:13:04 01:13:06 an ah WH 01:43:08 © 04:43:10 O413:14 10 01:13:14 1 1 01:43:44 1 2 01:43:47 13 041321 14 04:13:21 15 01:43:22 16 ovta26 17 04:13:28 1 8 01:13:30 1 9 01:13:32 20 ONTE36 21 01:13:38 22 04:13:42 23 04:43:46 24 04:13:48 25 03:13:54 03:13:55 01:13:56 01:13:56 01:13:58 04:14:00 01:14:02 On Dm ak Wh = 01:14:09 © 011413 ort420 10 011423 11 oxtazs 12 011427 13 ortaze 14 01:14:31 15 011433 16 ortaas 17 ovtaa? 18 orta4a 19 oisaaa 20 ores 21 outaa? 22 01:14:49 23 ortass 24 ontaso 25 Page 61 to 64 of 151 was your basis for this? A. Albright. So the initial basis for it was -- MR. SCAROLA: First of all, let me object because Professor Cassell is not here as an expert witness and hypotheticals are inappropriate. You're calling for speculation on his part. I'm not going to instruct him not to answer, but itis an improper question. MR, SIMPSON: I disagree, but you can answer the question. THE WITNESS: Right. So the -- the factual basis would ~~ we are setting aside attorney/client communications, right? BY MR. SIMPSON: Q. I'masking: What would you tell the judge? A. Right. So that -~ I -- I -~ that's speculative to -- I don't think I can give a fair answer at this point because that would have involved going back to my client and -~ and carving out what kinds of things we were going to present to Judge Marra in light of the posture of the case at that point. So it's a speculative question. I would have -- let me just -- without going into any attorney/client privileged communications, I would have ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 64 provided an ample factual basis for those allegations. MR. SIMPSON: nonresponsive, BY MR. SIMPSON: Q. Let me ask it this way: We have talked about -~ somewhat about the basis for this allegation I move to strike as about other minors. Putting aside information as to which you're claiming privilege, tell me what you knew as of December 30th, 2014, that formed the factual basis for your -- for that allegation about other minors. MR. SCAROLA: And I'll instruct you not to answer that question for the same reason, that when the same question was asked earlier, I instructed you not to answer. MR. SIMPSON: I'm -- I'm -- maybe we are not being clear, Jack. I'm asking him to put aside -- I mean, certainly, he -~ he filed a pleading. You've asserted privilege as to certain aspects. I'm simply asking him, putting aside whatever you're claiming privilege for, right, so I'm not -- I'm not asking you right now to tell me anything you're claiming as privileged. BY MR. SIMPSON: Q. Tell me whatever is not privileged that ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 HOUSE_OVERSIGHT_010825 16 of 38 sheets