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victims’ rights act case that we are talking about is in
the Southern District of Florida. I think the record
should be clear that that is in the 11th Circuit. And
so that case law says that you look at these different
factors, one of the factors, that to my mind would weigh
heavily in favor of drawing the adverse inference would
be the degree of control that the one party has over the
other.
Dershowitz was the attorney for Epstein and,
indeed, we heard today that he continues to be the
attorney on the Tri-Tech case and I'm assuming an
attorney/client privilege on other matters as well. So
he would seem to have a significant control over that.
The other thing that was going on in my mind
when I'm drawing the adverse inference is that there
might be some people that are invoking the Fifth
Amendment but not getting sound legal advice.
An attorney can only allow his client to
assert a Fifth Amendment privilege in civil case if
there's a significant risk that the answer will be
incriminating. You can't just invoke it willy-nilly.
And I knew that Mr. Epstein had been
receiving -- you know, as a billionaire would -- you
know, the best legal advice that money could buy, and
the advice he was getting with regard to questions about
ROUGH DRAFT ONLY
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