EFTA00098170.pdf

Case 1:19-cr-00490-RMB Document 56 Filed 09/04/19 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES COURTHOUSE 500 PEARL STREET NEW Y 10007 CHAMBERS OF RICHARD M. BERMAN UNITED STATES DISTRICT JUDGE Bruce A. Green Louis Stein Chair Fordham University School of Law New York City, NY 10023 Dear Professor Green, USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC DATE FILED: 41 411 September 4, 2019 Thank you for your letter of August 30, 2019. I appreciate your taking the time to clarify the record. I learned that you had been "retained to provide opinions as an expert on legal ethics" in Dershowitz following the August 27, 2019 public heating in US v. Epstein. I learned of your role in the case by reading your affidavit, dated June 7, 2019, which includes your legal ethics opinion that David Boies should be disqualified from representing- in that matter. As you are aware, both Mr. Boles and were invited to testify at the August 27, 2019 hearing. I remain surprised that your advocacy of Mr. Boles' disqualification from representing (in a case obviously related to US v. Epstein) was not disclosed simultaneously with your August 26, 2019 Law Journal opinion piece entitled "The Judge in Epstein's Case Should Not Turn the Dismissal Into a Drama for the Victims." I am also surprised that you would find the August 27, 2019 public hearing to be an inappropriate occasion for transparency in light of Federal Rule of Criminal Procedure 57 and the Crime Victims' Rights Act, 18 U.S.C. § 3771. You wrote: "This is an odd moment for transparency in a criminal case." 1 EFTA00098170 Case 1:19-cr-00490-RMB Document 56 Filed 09/04/19 Page 2 of 2 Finally, it is unfortunate that your opinion piece may have been construed as an effort to chill-and Mr. Boies' right to be heard under 18 U.S.C. § 3771 at the August 27, 2019 public hearing. You wrote: "[W]hatever informational interests the victims may have would be served by affording them a chance to attend the hearing, not by giving them a speaking role." Sincerely, Richard M. Berman U.S.D.J. cc: Reid Weingarten, Esq.; David Boies, Esq. 2 EFTA00098171