Deposition excerpt on attorney-client privilege and alleged communications with David Boies regarding [REDACTED - Survivor] and Professor Dershowitz

00:07:28 00:07:32 60:07:32 00:07:36 00:07:38 00:07:42 00:07:46 ON Oak WD = 00:07:48 <9} 00:07:49 00:07:52 1 0 00:07:52 1 1 00:07:53 1 2 00:07:54 1 3 00:07:58 1 4 00:08:01 1 5 00:08:04 1 6 00:08:07 1 7 00:08:10 1 8 00:08:13 1 9 00:08:14 20 00:08:16 21 00:08:21 22 00:08:24 23 00:08:29 24 00:08:29 25 00:08:29 00:08:30 00:08:30 00:08:30 00:68:32 00:08:36 00:08:36 ON OOH bh OD = 00:08:37 <0} 00:08:39 oooa:aa 10 oo-osa7 11 ovneas 12 oooase 13 00.0850 14 oooes1 15 oo.0s:s2 16 00:08:52 17 oo08ss 18 oo.0ass 19 ooe-se 20 oo:09:00 24 oo0e01 22 oo0s02 23 ooosos 24 oo.os0s 25 10/20/2015 01:08:15 PM 164 also going to follow Miss McCawley's instructions on not answering on behalf of -- MR. SCAROLA: Mr. Cassell will follow the instructions of [REDACTED]' counsel. It is not his privilege to waive, and he is ethically obliged to respect the direction coming from [REDACTED]’ counsel. MR. SIMPSON: Yes, I'm -- I'm simply, Mr. Scarola, making my record that the witness -- MR. SCAROLA: I understand that. MR. SIMPSON: Right. We disagree. MR. SCAROLA: I understand, but you can assume the same way I have authorized you to assume that Professor Cassell will follow my instructions, Professor Cassell will also follow all instructions concerning the assertion of attorney/client privilege expressed on the record by Miss McCawley on behalf of [REDACTED]. MR. SIMPSON: All right. BY MR. SIMPSON: Q. So, Mr. Cassell, based on that, I will assume that if I ask you what you recall the discussion being at the meeting or at each of the phone calls, that you're not going to answer those questions; is that correct? ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 165 MS. McCAWLEY: Yes. THE WITNESS: Yeah, obviously not. BY MR, SIMPSON: Q. Okay. A. I mean, I have a duty to my client which I'm going to respect. Q. Allright. So we'll -- we'll take that up later with the judge. As of December 30th, 2014, had you spoken about this case with David Boies, and the question is just: Had you spoken -- MS. McCAWLEY: Objection. BY MR. SIMPSON: Q. _-- not what the discussion was. MS. McCAWLEY: Objection. It's the common-interest privilege. BY MR. SIMPSON: Q. I'm only asking if there was a discussion, no substance at all. Just, was there a discussion? MS. McCAWLEY: I'm going to instruct you not to answer that. MR. SIMPSON: Okay. You're taking the position that the fact of whether or not -- MS. McCAWLEY: Yes, because you're also trying to get into the timing of communications, ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 60:09:68 00:09:08 00:09:14 00:09:42 00:09:15 60:09:15 00:09:15 On Oa Bh WN — 00:09:33 <0} 00:08:33 00:09:34 1 0 00:09:36 1 1 00:09:38 1 2 00:09:46 1 3 00:09:42 1 4 00:09:47 1 5 00:09:48 1 6 00:09:48 1 7 00:09:54 1 8 00:09:52 1 9 00:09:54 20 00:09:54 21 00:09:55 22 oooess 23 90:40:02 24 90:40:06 25 ooto10 1 00:10:13 2 votes §=S 00:10:17 4 60:10:20 5 90:10:20 6 90:10:22 7 60:10:23 8 00:40:23 9 00:10:24 1 0 00:10:27 1 1 00:16:29 1 2 00:40:29 1 3 oo:t0-20 14 00:10:29 1 5 60:10:29 1 6 00:10:33 1 7 00:10:33 1 8 90:10:34 1 9 90:10:36 20 00:10:44 21 00:10:42 22 00:10:44 23 00:10:44 24 00:10:45 25 Page 164 to 167 of 335 166 and all that goes into the advice that they were giving her and surrounding that advice, so I would object to that. MR. SCAROLA: Could I have the question read back? (Thereupon, a portion of the record was read by the reporter.) MS. McCAWLEY: And I would like to clarify what case as well that you're referring to. MR. SIMPSON: All right. Let me ask the question, and -- and I will note for the record that yesterday, the witness testified that the fact that Mr. Boies was representing Virginia Roberts was significant to him. So it’s sort of being used as a sword and a shield here, but I have only asked the question. I'll clarify. MR. SCAROLA: We haven't used it any way yet. MR. SIMPSON: Well, the -- the witness volunteered, Shail I put it that way? And we have a waiver. BY MR. SIMPSON: Q. But, in any event, my question is: Have you spoken -- before December 30th of 2014, had you spoken with David Boies about [REDACTED]’ allegations regarding Professor Dershowitz? ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 167 MR. SCAROLA: Without getting into the substance of any such discussions, you can answer that question. THE WITNESS: My recollection is no. MR. SCOTT: I think you're right on that one. BY MR. SIMPSON: Q. Okay. So the answer is, no, you had not spoken with him? A. My recollection -- MR, SCAROLA: Judge Scott has issued a ruling, so -- MR. SCOTT: I wrote several opinions on that actually. MR. SCAROLA: -- we'll proceed, THE WITNESS: Let me go back -- MR, SCOTT: In the context of criminal lawyers. THE WITNESS: I'm trying to remember if I wrote any opinions on that one when I was a judge. My -- I don't recall, but -- I don’t recall. I -- my recollection is I had not personally spoken to David Boies before December 30th, 2014, BY MR. SIMPSON: Q. Okay. Had you, before December 30th of 2014, ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 4 of 46 sheets HOUSE_OVERSIGHT_010844