Deposition excerpt shows lawyers debating privilege over alleged minor‑related allegations

61 ortoss 4 Q. I would like to know why you alleged “and oni28s 1 was your basis for this? otos7 2 other minors" given what you have said about your o1tess 2 A. Albright. So the initial basis for it onto: 3 knowledge of the factual basis, so to speak, for that 1300 3 was-- oriis 4 allegation. ovia00 | 4 MR. SCAROLA: First of all, let me object ovo = 5 A. Okay. There are going to be -- I'm going to ortaoe 5 because Professor Cassell is not here as an oxvit0s «= end up giving you nine reasons, each of which is oirs0s §=6 expert witness and hypotheticals are aaa 7 complicated, so I just want to -- if -- if -- I don't ones | 7 inappropriate. You're calling for speculation on ons «6=8 ~=want to be accused of -- of filibustering or anything. orion | 8 his part. I'm not going to instruct him not to onus 9 Ijust want you to know that you have asked a broad ovate 9 answer, but itis an improper question. aiiis 10 question that's going to require a broad and extended onts1a 10 MR. SIMPSON: I disagree, but you can answer oti20 11 answer. It -- it -- ons 11 the question. ornia 12 Q. Answer the question. orate 12 THE WITNESS: Right. So the -- the factual onit22 13 A. Okay. Then I'm going to refer to a -- I have ota 13 basis would ~~ we are setting aside ota 14 a-- well, actually, I don't. onaz1 14 attorney/client communications, right? ottnzs 15 Q. Let me ask you this: Before you refer to ori321 15 BY MR. SIMPSON: ortt30 16 something -- ov13:22 16 Q. I'masking: What would you tell the judge? oruao 17 A. Yeah. or13:26 17 A. Right. So that -- I -- I -- that's ann30 18 Q. -- please give me your best recollection of 011322 18 speculative to -- I don't think I can give a fair answer o:1134 19 what the basis was, the factual basis that you had in 011330 19 at this point because that would have involved going 011332 20 back to my client and -- and carving out what kinds ora? 20 = mind. If the court said to you -- let me put it this otz3e 21 of things we were going to present to Judge Marra in ovttao 21 way. If you went to court and Judge Marra said, o11339 22 light of the posture of the case at that point. ort1a3 22 Professor Cassell, what's your factual basis for this ori3saz 23 So it's a speculative question. I would erties 23 allegation? Tell me. What would you say? ontias 24 A. Right. ors 25 MS. McCAWLEY: Wait. Outside the context of ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 ors 24 have -~ let me just -- without going into any ortaaa 25 attorney/client privileged communications, I would have ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 62 64 ortso 1 anything that's been communicated to you. o:1351 1° provided an ample factual basis for those allegations. oss 2 MR. SCAROLA: Excuse me, You have asked two onvass 2 MR. SIMPSON: I move to strike as oninss = 3 different questions now, and I need to understand oss = 3 nonresponsive. ois = 4 which question you are asking. oases 4 BY MR. SIMPSON: ovnnss = 5 The question that you posed before just now anaes 5 Q. Let me ask it this way: We have talked ono 6 was: What was the reason for your including ote00 6 about -- somewhat about the basis for this allegation ones «7 those allegations in this pleading? aeo2 YF about other minors. Putting aside information as to ozo 8 Now you have asked: What is the factual oxsa09 8 ~which you're claiming privilege, tell me what you knew on20 9 basis? And that's going back to questions that 011413 9 as of December 30th, 2014, that formed the factual basis ovtz1e 10 we have already covered, and we have, I think, o114¢20 10 for your -- for that allegation about other minors. ota? 41 exhausted the ability to respond to that question ortaaa 11 MR. SCAROLA: And I'll instruct you not to o11220 12 outside of privileged information. ortaas 12 answer that question for the same reason, that o11223 13 Do you want to go back to the question about: orta27 13 when the same question was asked earlier, I ota 14 What was your reason for including those ortaze 14 instructed you not to answer. ors2e 15 allegations? ovtaa1 15 MR, SIMPSON: I'm -- I'm -- maybe we are not onze 16 MR. SIMPSON: I'll ask the question a ovteas 16 being clear, Jack. I'm asking him to put oin230 17 different way. ortaas 17 aside -- I mean, certainly, he -~ he filed a ora 18 MR. SCAROLA: Thank you. o11a37 18 pleading. You've asserted privilege as to o12a1 19 +=BY MR. SIMPSON: ortaao 19 certain aspects. I'm simply asking him, putting ortzas 20 Q. Mr. Cassell, I'm going to ask you: If you're ovsaaas 20 aside whatever you're claiming privilege for, oniza7 24 in court and Judge Marra said to you, counsel, what is ores 21 right, so I'm not -- I'm not asking you right now oviz4a2 22 the factual basis for your allegation that Professor outaa? 22 to tell me anything you're claiming as ortaaa 23 privileged. ovtaas 24 BY MR. SIMPSON: ontaso 25 Q. Tell me whatever is not privileged that ESQUIRE DEPOSITION SOLUTIONS ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 (954) 331-4400 10/20/2015 01:07:28 PM Page 61 to 64 of 151 16 of 38 sheets ot247 23 Dershowitz abused other minors, what would you say? And o112s1 24 if you wouldn't say something because it was privileged, orizs2 25 then don't include it. What would you tell the judge HOUSE_OVERSIGHT_010825