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300 302 ostz20 41 And rather than say, hey, we don't have any o3ta4t 1 the United States Attorney for the Southern District of 031122 2 such documents, the U.S, Attorney's Office gave us the 03:13:48 2 Florida to represent victims, correct? 031128 3 response indicating, to our view, that there were such 031348 3 A. Yes. Through the -- through the NPA, yeah, 031127 4 documents, and as you know, since you're one of 031351 4 there was an apparatus that led to his selection. o1120 5 Mr. Dershowitz's attorneys, we have drafted a pleading oxtsss 5 Q. And does that answer reflect holding the U.S. 31132 §& now to try and collect that information, that law oat401 6 Attorney for the Southern District of Florida in that ota. 7 enforce -- federal law enforcement agencies have 031403 7 office in high regard? o33t33 8 collected, and -- and to figure out the appropriate way ost40g 8 A. Sure. oxtt42 9 to litigate that so that we can get that information and osta05 = 9 Q. Do you contend that at the time the United osttaa 10 move forward with the case. ostat1 10 States Attorney for the Southern District of Florida ostias 11 That's just one example of -- of how the 031414 11 negotiated the NPA, they knew that Professor Dershowitz, oxt1a7 12 allegations, if they were premature at that point, are 031420 12 himself, had been involved in abuse of minors? 031183 13 no longer going to be premature as the case moves along. | 031425 13 A. Idon't know exactly what information they oats? 14 Q. Is it or is it not your understanding that o3s1427 14 fad. I do know that we have been propounding discovery 031201 15 Judge Marra ruled that the allegations in this pleading 031430 15 requests on all of these subjects, including 031208 16 in front of you were so irrelevant to the pleading in 031432 16 Professor Dershowitz's involvement, when the U.S, 031214 17 which they were stated, that they should be stricken o31433 17 Attorney knew. They are asserting privilege over that. o31217 18 from the public record? 031437 18 2 would wish they would waive the privilege or at least os1218 19 A. Inthat particular pleading at that 031432 19 provide the information to pro bono crime victims’ 031220 20 ~~ particular time, that’s right. 031443 20 attorneys that they have, so we can get to the bottom of ox1221 21 Q. Does that cause you to reassess, in any way, ostaas 21 this. 031224 22 having filed this document? 031445 22 But there have been, you know, a nonstop 03.1225 23 A. Well, I think certainly as a tactical matter, 03:1447 23 series of assertions of privilege and other barriers 0312223 24 weshould have reserved the -- the allegations for -- 31449 24 interposed against us in this case, and I think o3:1231 25 for another motion. I -- I think that's -- you know, o3:1483 25 inappropriately so, and -- and we have been arguing that ESQUIRE DEPOSITION SOLUTIONS ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 (954) 331-4400 301 303 o1234 1 certainly, with the -- you're -- now, we are now sort of 031488 1 now fora number of years. 03:1233 2 speculating, would we have done something different if ostass | 2 Q. Would you agree with me that if the United o1223 3 weknew that? And the answer to that is, sure, we would | 031500 3 States Attorney's Office had been aware that Professor oai24 4 have tried to do something that Judge Marra thought was | 03:15:04 4 Dershowitz had engaged in sexual misconduct with minors, otz4 § the appropriate way to handle it, so... o31s07 § or himself had observed Mr. Epstein do so, that it would ostz4e 6 Q. And Judge Marra also reminded counsel of 031512 6 have been improper and unethical for them to let Mr. -- ostaas «7 ~~ their Rule 11 obligations; didn't he? 031517 7 Professor Dershowitz negotiate the terms of the NPA with omest 8 A, That's right. Yeah. o31s19 8 them? ostzs2 9 Q. And did it cause you to question, not oxtste 9 A. If they had direct personal knowledge of 031257 10 tactics, but whether you were acting properly in filing 031521 10 that, sure. I mean, the -- the -- but the realities are 031300 14 this? 031523 11 a little bit more complicated in that Professor o313.00 12 MR. SCAROLA: Excuse me. I -- 031626 12 Dershowitz, over the last couple of days as os1302 13 MR. SIMPSON: I'm just asking if it caused 031527 13 frequently -- has frequently used the word "continuum," 03:13:03 14 him to reassess. 031829 14 and so if they were certain of that, it absolutely would o31300 15 MR. SCAROLA: I understand what you're 031531 15 have -- would have been unethical. 03:13:08 16 asking, and you're asking him about his mental osts33 16 The question is: Well, what if they had a oxt307 17 processes in connection with pending litigation. 0313s 17 suspicion or what if -- you know, a reasonable suspicion o3a1312 18 That's work product. I instruct you not to o31s33 18 or a possible suspicion. Those are the kinds of o31313 19 answer that question. 031532 19 dimensions that you've got to, you know, take into o3:13:14 20 BY MR. SIMPSON: 031542 20 account in the real world about, you know, what they -- 031315 24 Q. Allright. You testified yesterday that one 031544 21 What they would have done. o3a1319 22 reason that you found the filing of the complaint on 03:18:50 22 I mean, it seems pretty clear, for example, 03:13:27 23 behalf of Jane Doe 102, who is Virginia Roberts, by 031682 23 that at some point, you know, later on, they got a black 03:13:34 24 the -- Bob Josefsberg and -- and why that was 031855 24 book in which Professor Dershowitz's name had been 031337 25 significant was that Bob Josefsberg had been selected by 031558 25 circled. Now, what they did with that information, I -~ ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 10/20/2015 01:08:15 PM Page 300 to 303 of 335 38 of 46 sheets HOUSE_OVERSIGHT_010878