House Oversight Hearing Transcript Excerpts on Striking Pleadings

Oo O DN OO FF WwW NY =| NO RO PO PNP NM NO | S| S| HS SF S| S| S| S| S| non BP WO NO -|- ODO OO WDN OO OT BP WO NYO — Q. Okay. But other than referring the two parties to the Bar, you never entered, to your recollection, striking a party's pleadings; is that right? A. That's right. Q. Okay. I want to ask you a few questions about the issue of striking pleadings. Would you agree with me that courts generally disfavor a motion to strike? A. No. Q. And that striking allegations from a pleading is a drastic remedy to be resorted to only when required for the purposes of justice and only when the allegations to be stricken have no possible relation to the controversy? A. I think that's what some courts have said, yes. Q. And is it fair to say -- is that what you represented to the court in response to Professor Dershowitz's application to intervene? A. That's right. Q. And you wouldn't have represented that to the court unless you believed it to be accurate; is that right? A. That's right. ROUGH DRAFT ONLY HOUSE_OVERSIGHT_021829