EFTA02521591.pdf

From: Lawrence Krauss < Sent: Wednesday, February 28, 2018 3:36 AM To: jeffrey E. Subject: Re: Private and Confidential, in response to our meeting. thanks. On Feb =7, 2018, at 7:35 PM, jeffrey E. <jeevacation@gmail.com> wrote: How silly that for six months I have repeated in =s many different ways . Do nothing at all . !! That's it . You =ave had me explain my intuition based on years of experience. I =bviously did not do an effective job I'll be =here for you every day , no worries. wrote: On Tue, Feb 27, 2018 at 9:25 PM =awrence Krauss < <mailto Yup Sent from my =Pad On Feb 27, 2018, at 5:48 PM, jeffrey E. <jeevacation@gmail.com> wrote: <tel > > used to view On Tue, =eb 27, 2018 at 8:38 PM, Lawrence Krauss < > wrote: So far probably slightly positive. Plus they view the =ublicity benefit as very important. Lawrence M. =rauss Director, The =rigins Project at ASU Foundation Professor School of Earth & Space Exploration and Physics =epartment Arizona State =niversity, P.O. Box =7 = 287-1404 Research Office: <tel: , Assistant =Jessica): Origins Office =Cynthia): <tel <mailto > =nbsp; EFTA_R1_01658871 EFTA02521591 origins.asu.edu <http://origins.asu.edu/> I twitter.com/Ikrauss1 krauss.faculty.asu.edu <DA866543-7401.4ASA-8E50-FD32E33ASOEC.p=g> Sent from my iPhone On Feb 27, 2018, at 3:47 PM, jeffrey E. <jeevacation@gmail.com> wrote: is origins a net positve money wise for the university or a =egative. ONIY money On Tue, =eb 27, 2018 at 6:43 PM, Lawrence Krauss < wrote: yes.. you are correct.. but even without the attorney I =anted to try and assert my rights.. I got shot down.. I expected to get =hot down, but nothing has changed in that =egard. I have now dealt with this office twice, and they are =ware of the ongoing thing with Buzzfeed, and as I =old you before, the University attorney actually warned me this was =ikely to happen. So, I think all is as it was with that office and they are =oing to do what they would have done anyway, which is to interview my =taff.. they asked me on Friday before they =ot my note to send them the name of those who worked for Origins from =015 -2016 and I gave them the contact info for my business office =anager at origins, and they thanked me.. On Feb =7, 2018, at 4:38 PM, jeffrey E. <jeevacation@gmail.com> wrote: heres what this =ays. i lawrence krauss will tell you how i thinkyou =hould conduct your investigation , if at all. and I =ould like to participate in it. repsonse. go =uck yourself. we will not share the file , all =omplaints are proteced from defamation and you must continue to =ooperate. I wanted to add to his letter, to reiterate =ur concern about how your office was planning to follow up on the false and defamatory third-party allegations from Buzzfeed. Because this was initiated by an =nline entertainment news outlet with a clear agenda and established record of =propagating false allegations about me, rather than by any of the individuals they refer to as sources, this should not be considered a credible allegation worthy of investigation. I believe that our initial discussion was sufficient to settle this matter. =hether or not you agree with this, there are =font size="4" class="">two things I think are important to establish. =nbsp; Firstly, that the University should not propagate what can be false allegations from =such a source by presenting them directly to current and/or former employees or to others. To do so would be to 2 EFTA_R1_01658872 EFTA02521592 further their =ibelous agenda, as Mr Waldman has emphasized. In this regard, I would appreciate seeing copies of the correspondence you might send to =urrent or former employees about this in the process of carrying out and concluding your investigation. your client, Lawrence =rauss, copied me on his February 23rd email communication to the Office of Equity and Inclusion. I am writing =o convey the University's position on its responsibility to =onduct administrative investigations into allegations of conduct that would violate institutional policy, if true. Because Dr. Krauss has =font size="4" class="">retained legal counsel, I am writing directly to you. You may =orward my communication on to your client. Without having =irst secured your permission, I did not think it was proper for me to copying =im on this reply. Our policy on the Prohibition Against Discrimination, =arassment, and Retaliation (ACD 401 https://www.asu.edu/aad/manuals/acd/acd401.html) and its accompanying procedures (P20 — link to the procedures =s embedded in the policy document) directs the Office of Equity and Inclusion to conduct prompt and equitable investigations. Among =he points stated are that the Office accepts =nonymous complaints as well as direct complaints. University employees are required to =ooperate with any investigation or allegations of violations of this =olicy. Providing false or misleading information or failing to cooperate may result in disciplinary action. Individuals making a complaint or =participating as a witness in an investigation cannot be retaliated against. Any employee who engages in retaliation will be =isciplined. The Office of Equity and Inclusion does not make any findings until such time as it determines that it has completed its fact =athering. Our courts recognize that participants in an administrative investigation have a =rivilege against a defamation charge. In Paros v. Hoemako Hospital, 140 Ariz. 335, 681 P.2d 918 (Ct. App. Div. 2 1984), the court recognized that the employer's response to a notice of charge of =iscrimination filed with the Equal Employment Opportunity Commission was absolutely privileged. In Miller v. Servicemaster by Rees, 174 Ariz. at 520, 851 P.2d 240, 243 (Ct. App. Div. 1 1993), the court recognized the existence of a conditional privilege for employees to report perceived acts of sexual harassment as public policy dictated that employees must be protected from workplace sexual harassment. Cited approvingly, Carey v. Maricopa County, 2009 WL =50225 (D. Ariz. 2009). Both Paros and Miller were cases concerning discrimination and harassment under Title VII. =n addition to its obligations under Title VII, the University must also operate its educational programs and activities to be free from gender =discrimination under Title IX. The Office of Equity and Inclusion will proceed with its investigation as =outlined in ACD 401 and P20. The Office will =ot provide your client with its investigative file. We look forward to Dr. =rauss's continuing cooperation. Regards, Dear Naimah et al: Attached you will find a letter from my attorney, along with a letter he sent to Buzzfeed earlier in this week regarding the defamatory and false story =they were planning on printing. The story was then published =esterday morning. I wanted to add to his letter, to reiterate our concern about how your office was planning to follow up on the false and defamatory third-party allegations from Buzzfeed. Because this was initiated by an =nline entertainment news outlet with a clear agenda and established record of =propagating false allegations about me, rather than by any of the individuals they refer to as sources, this should not be considered = credible allegation worthy of investigation. I believe that our initial =discussion was sufficient to settle this matter. Whether or =ot you agree with this, there are =wo things I think are important to =stablish. Firstly, that the University should not propagate what can be false allegations from =such a source by presenting them directly to current and/or former employees or to others. To do so would be to further their =ibelous agenda, as Mr Waldman has emphasized. In this regard, I would appreciate seeing copies of the 3 EFTA_R1_01658873 EFTA02521593 correspondence you might send to current or former employees about this in the process of carrying out and concluding your investigation. Secondly, I reiterate once again that the Origins Project environment is supportive, candid, frank, honest, and productive, with all employees being treated with respect, as well as being supported and mentored. I =am proud of our team, and I believe they feel the same =ay. Thanks for your attention to these letters. class="">< On Tue, Feb 27, 2018 at 6:30 PM, Lawrence Krauss =span <mailto > =rote: Hi =11: I just wanted =o clarify this further, in case it wasn't completely =tear. I am not being represented by Adam vis a vis the University =nvestigation. He is advising me regarding buzzfeed issues in case =here is litigation required regarding Buzzfeed. So I haven'= retained legal counsel for the University Investigation. Just =o you know. You should continue to contact me if there any further =uestions, developments, etc. Thanks again. <mailto > wrote: Lawrence On Feb 27, 2018, at 1:58 PM, =ynthia Jewett < Thank you. From: Lawrence Krauss =mailto Sent: Tuesday, =ebruary 27, 2018 1:55 PM To: Cynthia Jewett =It <mailto >; Naimah Saadiq < Cc: Lawrence Krauss =It >; Erin Ellison <mailto Subject: Fwd: Private =nd Confidential, in response to our meeting. Dear Cynthia et al: »; Adam Adam forwarded me your note while on a plane. I wanted =o let you know that you can feel free to cc me on all communication or =mail me and cc Adam, as you wish.. Adam is advising me on =atters related to Buzzfeed, and so it is appropriate to communicate to =oth of us in this regard. I expect he will be writing to =ou. In any case, I wanted to assure you that I will continue to =ooperate with all your offices, as I have done thus far. I value the =ollegial relationship I have with all of my colleagues at ASU. I =o hope Naimah's group has taken all of our concerns about =uzzfeed under advisement, but I also understand the requirements on the =niversity as well. Thanks for your attention to this. Best Lawrence Krauss 4 EFTA_R1_01658874 EFTA02521594 Lawrence M. Krauss Director, The Origins =roject at ASU Co-Director, Cosmology =nitiative Foundation Professor School =f Earth & Space Exploration and Physics Department Arizona State University, P.O. Box 871404, Tempe, =Z 85287-1404 Research Office: Assistant (Jessica): Origins Office (Cynthia): <mailto origins.asu.edu I twitter.comilkraussl I krauss.faculty.asu.edu -Origins Project 10 =ear Celebration- Be a part of something 10 years in the making! April =-9th 2018 — Visit for more info <image001.png> Begin forwarded message: From: Adam Waldman =lt <mailto > > Subject: FW: =rivate and Confidential, in response to our meeting. Date: February 27, 2018 =t 12:28:21 PM PST To: Lawrence Krauss <mailto <mailto <mailto Fyi Just got back on wifi and reading now From: Cynthia=Jewett < <mailto Date: Tuesday, =ebruary 27, 2018 at 3:21 PM To: Adam =aldman < > > Cc: Naimah =aadiq < », Erin Ellison < Subject: FW: Private =nd Confidential, in response to our meeting. > > Mr. Waldman, Your client, Lawrence Krauss, copied me on his February =3rd email =ommunication to the Office of Equity and Inclusion. I am writing =o convey the University's position on its responsibility to =onduct administrative investigations into allegations of conduct that =ould violate institutional policy, if true. Because Dr. Krauss =as retained legal counsel, I am writing directly to you. You may =orward my communication on to your client. Without having first =ecured your permission, I did not think it was proper for me to copying =im on this reply. 5 EFTA_R1_01658875 EFTA02521595 Our policy on the Prohibition Against Discrimination, =arassment, and Retaliation (ACD 401 https://www.asu.edu/aad/manuals/acd/acd401.html) =nd its accompanying procedures (P20 — link to the procedures is =mbedded in the policy document) directs the Office of Equity and =nclusion to conduct prompt and equitable investigations. Among =he points stated are that the Office accepts anonymous complaints as =ell as direct complaints. University employees are required to =ooperate with any investigation or allegations of violations of this =olicy. Providing false or misleading information or failing to =ooperate may result in disciplinary action. Individuals making a =omplaint or participating as a witness in an investigation cannot be =etaliated against. Any employee who engages in retaliation will =e disciplined. The Office of Equity and Inclusion does not make =ny findings until such time as it determines that it has completed its =act gathering. Our courts recognize that participants in an =dministrative investigation have a privilege against a defamation =harge. In Paros v. Hoemako Hospital, 140 Ariz. 335, =81 P.2d 918 (Ct. App. Div. 2 1984), the court recognized that the =mployer's response to a notice of charge of discrimination =iled with the Equal Employment Opportunity Commission was absolutely =rivileged. In Miller v. Servicemaster by Rees, 174 Ariz. at =20, 851 P.2d 240, 243 (Ct. App. Div. 1 1993), the court recognized the =xistence of a conditional privilege for employees to report perceived =cts of sexual harassment as public policy dictated that employees must =e protected from workplace sexual harassment. Cited approvingly, Carey v. Maricopa County, 2009 WL 750225 =D. Ariz. 20O9). Both Paros and Miller were cases =oncerning discrimination and harassment under Title VII. In =ddition to its obligations under Title VII, the University must also =perate its educational programs and activities to be free from gender =iscrimination under Title IX. The Office of Equity and Inclusion will proceed with its =nvestigation as outlined in ACD 401 and P20. The Office will not =rovide your client with its investigative file. We look forward =o Dr. Krauss's continuing cooperation. Regards, Cynthia L. Jewett Senior Associate General Counsel Arizona State UK <t <mailto From: Lawrence Krauss [mailto <mailto <mailto <mailto <mailto: > Sent: Friday, =ebruary 23, 2018 4:19 PM To: Naimah Saadiq =It »; Cynthia Jewett < Cc: Adam Waldman =It »; Lawrence Krauss =It Subject: Private and =onfidential, in response to our meeting. Dear Naimah et al: Attached you will =ind a letter from my attorney, along with a letter he sent to Buzzfeed =arlier in this week regarding the defamatory and false story they were =lanning on printing. The story was then published yesterday =orning. I wanted =o add to his letter, to reiterate our concern about how your office was =tanning to follow up on the false and defamatory third-party =Ilegations from Buzzfeed. Because this was initiated by an =nline entertainment news outlet with a clear agenda and established =ecord of propagating false allegations about me, rather than by any of =he individuals they refer to as sources, this should not be =onsidered a credible allegation worthy of investigation. I believe that =ur initial discussion was sufficient to settle this matter. =hether or not you agree with this, there are two things I think are important to establish. Firstly, that the University should =ot propagate what can be false allegations from such a source by =resenting them directly to current and/or former employees or to =thers. To do so would be to 6 EFTA_R1_01658876 EFTA02521596 further their libelous agenda, as Mr =aldman has emphasized. In this regard, I would appreciate seeing =opies of the correspondence you might send to current or former =mployees about this in the process of carrying out and concluding your =nvestigation. Secondly, I reiterate once again that the Origins Project =nvironment is supportive, candid, frank, honest, and productive, with =11 employees being treated with respect, as well as being supported and =encored. I am proud of our team, and I believe they feel the same =ay. Thanks for your attention to these letters. Lawrence Krauss Dear Ms. Saadiq: My name is Adam Waldman, and I am Professor Lawrence =rauss' litigation counsel. Earlier this week, I sent the =ttached letter to Buzzfeed via one of their reporters named Peter =ldhous. I am also in receipt of Mr. Aldhous' letter to ASU, =hich is a variation on defamation — both libel and slander =93 that Mr. Aldhous and his colleagues have been manufacturing for at =east 6 months (notably without any reporting) in a campaign with a =urpose known only to them. Buzzfeed's first method is to =all or write third parties, posit a list of fake, anonymous, recklessly =alse and malicious "allegations," and ask if the third =arty has anything to add. Buzzfeed's second method is to =eek tortious interference with Professor Krauss' professional =ontracts, by writing third parties with whom Professor Krauss is in =rivity, present a similarly inflammatory series of anonymous, =ecklessly false and malicious accusations, and then question: how can =he email's recipient allow such a person to serve on their =oard, or speak at their conference? The letter from Buzzfeed to =he University falls into both categories. There will be appropriate =egal consequences for Buzzfeed's actions. It =s my understanding that your office believes it is compelled by the =bove to investigate false, defamatory, anonymous accusations posited by =he online tabloid Buzzfeed by contacting third parties and potentially =ebroadcasting the tabloid Buzzfeed's accusations. To be =tear, these accusations were not made to the University by actual human =eings who are alleging they were victims. There is no evidence =hey were presented to Buzzfeed by actual human beings. Moreover, no =resent or former employees of ASU have made any such allegations to =our office, or to any office at ASU, to our knowledge. They are simply =lleged by a tabloid, and one that had yet published a "story" =n the topic when they forwarded these to you. You may propose to =ebroadcast this tabloid's libel to other third parties who have also =ade no accusation against Professor Krauss. I suggest that you =onsult with the University's counsel before taking so rash a =tep as re-broadcasting hearsay defamation that came to you via an =nline tabloid under these circumstances. Professor Krauss and I both recognize the absolute need to =nvestigate real allegations. Some of the women who have bravely =ome forward with personal harassment allegations against Harvey =einstein are my clients and friends. Some of these victims have =een advised by me. Those actual allegations are entirely distinct =rom a tabloid attempting to manufacture allegations to create harm. =nbsp; Sincerely, Adam Waldman DISCLAIMER Confidentiality Notice: This email, including any attachments, is being sent by =r on behalf of the Endeavor Group or Endeavor Law Firm; it is =onfidential and may contain information protected by the =ttorney-client and/or the attorney work-product privileges. If you are =ot the intended recipient, you are hereby notified that any review, =isclosure, copying, or distribution of this information is unauthorized =nd prohibited. If you have received this communication in error, please =dvise the sender immediately by reply email and delete this message and =ny attachments without retaining a copy. 7 EFTA_R1_01658877 EFTA02521597 IRS =ircular 230 Disclosure: Any statements regarding Federal tax law contained in =his e-mail are not intended or written to be used, and cannot be used, =or the purposes of avoiding penalties that may be imposed under federal =ax law or to market any entity, investment plan or =rrangement. Begin forwarded message: <mailto From: Adam =aldman < > > Date: Tuesday, February 20, 2018 at 5:42 PM To: Peter Aldous < Subject: Cease and Desist/Professor Lawrence =rauss Dear Mr. Aldous: I =m writing as litigation counsel to Professor Lawrence Krauss. It =as come to my attention that you and Buzzfeed have engaged in an =utrageous and protracted defamation campaign against Professor Krauss, =ncluding both libel and slander. Buzzfeed's campaign has =een malicious, undertaken with absolute reckless disregard for the =ruth, and despite repeated disprovals of the falsehoods you continue to =armfully disseminate. Your defamatory efforts have also been =ndertaken, for reasons known only to you and your colleagues, with the =ntention of tortiously interfering with the contracts of Professor =rauss, and Buzzfeed has unfortunately succeeded in this malignant =urpose. We have both testimony and documents from a litany of =ell respected third parties that provide overwhelming evidence of your =nd Buzzfeed's malfeasant attacks on Professor Krauss. We =re still tallying the damage. You =nd Buzzfeed will immediately cease and desist from further defamatory =tatements regarding Professor Krauss, and you and Buzzfeed will =mmediately cease and desist from any further efforts to tortiously =nterfere with Professor Krauss' contracts. If you and =uzzfeed are unwise enough to ignore this notice to cease and desist =rom the actions described above, the appropriate legal response will be =wift. Notwithstanding the foregoing, all legal rights are =eserved. If =ou have more harassing emails or any prospective communication you wish =o transmit to Professor Krauss, you are instructed to send them to me =s he is now represented by counsel. If your or Buzzfeed's =ounsel, whomever they may be, wish to send me a letter in response to =he above, be aware that I may, depending on its contents and because I =ould be obligated to forward it to my client, consider such letter to =lso constitute a trigger of the above and react accordingly. =rofessor Krauss has suffered enough abuse at your hands without =ommensurate consequences. Sincerely, Adam =aldman DISCLAIMER Confidentiality Notice: This email, including any attachments, is being sent by =r on behalf of the Endeavor Group or Endeavor Law Firm; it is =onfidential and may contain information protected by the =ttorney-client and/or the attorney work-product privileges. If you are =ot the intended recipient, you are hereby notified that any review, =isclosure, copying, or distribution of this information is unauthorized =nd prohibited. If you have received this communication in error, please =dvise the sender immediately by reply email and delete this message and =ny attachments without retaining a copy. 8 EFTA_R1_01658878 EFTA02521598 IRS =ircular 230 Disclosure: Any statements regarding Federal tax law contained in =his e-mail are not intended or written to be used, and cannot be used, =or the purposes of avoiding penalties that may be imposed under federal =ax law or to market any entity, investment plan or =rrangement. Lawrence M. Krauss Director, The Origins =roject at ASU Co-Director, Cosmology =nitiative Foundation Professor School =f Earth & Space Exploration and Physics Department Arizona State University, P.O. Box 871404, Tempe, =Z 85287.1404 Research Office: I Assistant (Jessica): Origins Office (Cynthia): <mailto origins.asu.edu I twitter.com/Ikrauss1 I krauss.faculty.asu.edu -Origins =roject 10 Year Celebration- Be a =art of something 10 years in the making! April =-9th 2018 — Visit for more =nfo <image001.png> <image001.png> Lawrence M. =rauss Director, The Origins Project at ASU Co-Director, Cosmology Initiative Foundation Professor School of Earth & Space =xploration and Physics Department Arizona State =niversity, P.O. Box 871404, Tempe, AZ 85287-1404 Research Office: Cel:(480)%20965-6378> = Assistant (Jessica): <tel:(480)%20965-9825> Origins Office (Cynthia): <tel:(480)%20965.0053> origins.asu.edu I twitter.com/Ikrauss1 I krauss.faculty.asu.edu -Origins Project 10 Year Celebration- Be a part of something 10 years in =he making! April 5-9th 2018 — Visit for more info <image002.png> 9 EFTA_R1_01658879 EFTA02521599 please note The information contained in this =ommunication is confidential, may be attorney-client =rivileged, may constitute inside information, and is =ntended only for the use of the addressee. It is the =roperty of JEE Unauthorized use, disclosure =r copying of this communication or any part thereof is =trictly prohibited and may be unlawful. If you have =eceived this communication in error, please notify us =mmediately by return e-mail or by e-mail to and destroy this =ommunication and all copies thereof, including all =ttachments. copyright -all rights reserved Lawrence M. Krauss Director, The Origins Project at ASU Co-Director,=Cosmology Initiative Foundation =rofessor School of =arth & Space Exploration and Physics Department Arizona=State University, P.O. Box 871404, Tempe, AZ 85287-1404 Research Office: <tel:(480)%20965-6378> = Assistant (Jessica): <tel:(480)%20965-9825> Origins Office (Cynthia): <tel:(480)%20965.0053> origins.asu.edu I twitter.com/Ikraussl I krauss.faculty.asu.edu -Origins Project 10 Year Celebration- Be a part of something 10 years in the making! April 5.9th 2018 — Visit for more =nfo <https://www.originsl0year.comk <image002.png> please note The information contained in this =ommunication is confidential, may be attorney-client =rivileged, may constitute inside information, and is =ntended only for the use of the addressee. It is the =roperty of JEE Unauthorized use, disclosure =r copying of this communication or any part thereof is =trictly prohibited 10 EFTA_R1_01658880 EFTA02521600 and may be unlawful. If you have =eceived this communication in error, please notify us =mmediately by return e-mail or by e-mail to and destroy this =ommunication and all copies thereof, including all =ttachments. copyright -all rights reserved please note The information contained in this =ommunication is confidential, may be attorney-client =rivileged, may constitute inside information, and is =ntended only for the use of the addressee. It is the =roperty of JEE Unauthorized use, disclosure =r copying of this communication or any part thereof is =trictly prohibited and may be unlawful. If you have =eceived this communication in error, please notify us =mmediately by return e-mail or by e-mail to jeevacation@gmail.com, and destroy this =ommunication and all copies thereof, including all =ttachments. copyright -all rights reserved please note The information contained in this =ommunication is confidential, may be attorney-client =rivileged, may constitute inside information, and is =ntended only for the use of the addressee. It is the =roperty of JEE Unauthorized use, disclosure =r copying of this communication or any part thereof is =trictly prohibited and may be unlawful. If you have =eceived this communication in error, please notify us =mmediately by return e-mail or by e-mail to jeevacation@gmail.com, and destroy this =ommunication and all copies thereof, including all =ttachments. copyright -all rights reserved Lawrence M. =rauss Director, The Origins Project at ASU Co-Director, Cosmology Initiative Foundation Professor 11 EFTA_R1_01658881 EFTA02521601 School of Earth & Space Exploration and Physics =epartment Arizona State University, P.O. Box =71404, Tempe, AZ 85287-1404 Research Office: =80.965.6378 I Assistant (Jessica): Origins Office (Cynthia): <mailto origins.asu.edu I twitter.comilkraussl I krauss.faculty.asu.edu -Origins Project =0 Year Celebration- Be a part of =omething 10 years in the making! April 5-9th 2018 — Visit for more info <https://www.originsl0year.com/> 12 EFTA_R1_01658882 EFTA02521602