IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CA FLORIDA HOLDINGS, LLC, Publisher of THE PALM BEACH POST,
v.
DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.
Defendants.
CASE NO.: 50-2019-CA-01468 I -XXXX-MB
DIVISION: AG
Go
# JOINT NOTICE OF FILING SEPTEMBER SEPTEMBER 2 SEPTEMBER 8. 2022 OF HEAR EEDINGS
Plaintiff, CA Florida Holdings, LLC (cc" \a of i , publisher of The Palm Beach Post, and Defendant, Dave Aronberg, as State ey Palm Beach County, Florida ("Defendant") (collectively, the "Parties"), by t undersigned counsel, and pursuant to the Court's instructions at the conclusion earing, hereby files the attached transcripts from the September 6 and Septem r 2022 hearing proceedings on Defendant's Amended Motion for Attorneys' Fees. (S ,
Respectful! Sued,
Is/ Laure hetstone
LAUREN WHETSTONE
Florida Bar No. 45192
MARK F. BIDEAU
Florida Bar No. 564044
GREENBERG TRAURIG, P.A.
777 South Flagler Drive, Suite 300 East West Palm Beach, FL 33401
IilDou Las A. W
ARTHUR I.
Florida Bar No. 10249
RICHARD J. SCHOLZ
Florida Bar No. 0021261
DOUGLAS A. WYLER
Florida Bar No. 119979
SCNOLZ & WYLER, LLC 961687 Gateway Blvd., Suite 201-I
Tel.: 561.650.7900 whetstonel@gtlaw.com bideaumagtlaw.com sandra.famadasAztlaw.com thomasd@gtlaw.com FLService@gtlaw.com
STEPHEN A. MENDELSOHN Florida Bar No. 849324 GREENBERG TRAURIG, P.A. 401 East Las Olas Boulevard, Suite 2000 Fort Lauderdale, FL 33301 Tel.: 954.768.8225 mendelsohns@gtlaw.com smithl®gtlaw.com
MICHAEL .1. GRYGIEL (Admitted Pro Hac Vice) GREENBERG TRAURIG, LLP 54 State Street, 6th Floor Albany, NY 12207 Tel.: 518.689.1400 grvizielmAgtlaw.coin
NINA D. BOYAJIAN (Admitted Pro Hac Vice) GREENBERG TRAURIG, LLP 1840 Century Park East, Suite Los Angeles, CA 90067 Tel.: 310.586.7700 bovaiiannQatlaw.com \ t ile riveraal law.co
Counsel for P Publisher o Florida Holdings, LLC, lm Beach Post
'se '
Fernandina Beach, FL 32034 Tel.: 904.261.3693 iacobsscholzlawecomcast.net
Counsel for Defendant Dave Aronberg, as State Attorney for Palm Beach County, Florida A Co's
# CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing has been electronically filed with the Florida E-File Portal for e-service on all parties of record herein on this 4th day of October, 2022.
Is/ Lauren Whetstone
Lauren Whetstone O
CA Florida Holdings, L.L.C.
Dave Aronberg
Hearing Before:
Judge Luis Delgado
September 06, 2022
NOTA CERTIFIED COPY
## IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50-2019-CA-014681-XXXX-MB AG
CA FLORIDA HOLDINGS, LLC, Publisher of the PALM BEACH POST,
VS.
DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida,
Defendants.
## TRANSCRIP PROC ?Sv ARING
cos
RE: Defendant nberg's Amended Motion for Attorneys' Fe
DAT SSKEN: Tuesday, September 6, 2022
T 1:42 p.m. - 4:53 p.m.
PALM BEACH COUNTY COURTHOUSE
205 North Dixie Highway
Courtroom 10D
West Palm Beach, Florida 33401
EFORE: LUIS DELGADO, JR., Circuit Judge
Stenographically reported by:
Lisa Begley, RPR, RMR
# 1 APPEARANCES:
2 On behalf of the Plaintiff: GREENBERG TRAURIG 3 777 South Flagler Drive Suite 300 East 4 West Palm Beach, Florida 33401 561-650-6420 5 BY: LAUREN R. WHETSTONE, ESQ. whetstonel@gtlaw.com 6 MARK F. BIDEAU, ESQ. bideaum@gtlaw.com 7 GERARD BUITRAGO, ESQ. buitragog@gtlaw.com
8 On behalf of Defendant, Dave Aronberg: 9 JACOB, SCHOLZ & WYLER, LLC 961687 Gateway Boulevard 10 Suite 2011 Fernandina Beach, Florida 3203x. 11 904-261-3693 BY: DOUGLAS A. WYLER, 12 doug@jswflorida.com 13 Also present: Dave Aro ate Attorney Defendant
14
15
16 C /C)\*
17
18
19 AS
22
23
24
| 1 | INDEX |
| --- | ------------------- |
| 3 | Opening Statement |
| 4 | By Ms. Whetstone |
# 5 WITNESS
| 6 | DAVID ARONBERG, STATE ATTORNEY | |
| --- | ----------------------------------- | ---- |
| | Cross Examination by Mr. Bideau | 63 |
| 8 | Redirect Examination by Mr. Wyler | 9 |
| | DAVID ARONBERG, STATE ATTORNEY | 41 O |
| --- | -------------------------------------------------------------- | ------ |
| | Cross Examination by Mr. Bideau | 63 |
| 8 | Redirect Examination by Mr. Wyler | 9 |
| 9 | STEPHEN MENDELSOHN, ESQ. Direct Examination by Ms. Whetstone | |
12
## 13 EXHIBITS ENTE EVIDENCE
| 14 | Joint Exhibits 1 - 37 | 95 |
| ---- | ----------------------- | ---- |
| 15 | | |
| ↗ | 21 |
| ---------------- | ---- |
| ↗ | 22 |
| 24 |
| ---- |
| 24 |
a A\
1 Thereupon,
2 the following proceedings began at 1:42 p.m.:
3 THE COURT: All right, please be seated.
4 All right, so we're here on the amended
5 motion for attorneys' fees.
6 Let's announce appearances.
7 MS. WHETSTONE: Good afternoon, Your Honor,
8 Lauren Whetstone. With me is Mark Bideau an
9 Gerard Buitrago and our paralegal, Jennifer
10 Thomson, from Greenberg Traurig on ha if CA
11 Florida Holdings, the publisher o Beach
12 Post.
13 MR. WYLER: Goot n, Your Honor. My
14 name's Douglas . I' here on behalf of
15 defendant, D erg.
16 MR. A G: State Attorney Dave
17 Aronb our Honor.
18 TH COURT: Thank you very much. It's your 11,
19 on.
22 THE COURT: (Nods head up and down.)
23 MR. WYLER: Hi, again, Your Honor. Thank
24 you. May it please the Court. As you know, we're
25 here today on Mr. Aronberg's amended motion for
On. MR. WYLER: Thank you, Your Honor. May I
approach?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 jury materials. 16 In our 57. 05 I ffer, we specifically told 17 the plaint hat, under 57.105(1)(a), their 18 dec elief claim is unsupported by the 19 < ri facts necessary to establish it and also, 2 r 57.105(1)(b), that their declaratory relief 2 claim is unsupported by the application of the law 22 to those material facts: 23 There's a case, v. Bailynson, it's 24 found at 268 So.3d 762. It's a Fourth DCA case 25 from 2019. attorney's fees. It was filed on November 9th, 2020, in conjunction with his 57.105 demand that was made to the plaintiffs on June 8th, 2020. That demand letter that was sent to the plaintiffs counsel was sent on the same day that Judge Marx entered her order granting the defendant's motion to dismiss Count 2 of this case with prejudice. And that motion, that 57.105 demand letter asserted that the plaintiffs so remaining count for declaratory actio Qy o basis in fact or law pursuant to 5 e0 Their declaratory relief cis oted in Chapter 905.27 Florida at governs the exceptions for the re i( +c.....e e o grand jury -- grand
1 THE COURT: Give me that cite one more
2 time.
3 MR. WYLER: Yes, sir. It's v.
4 Bailynson, B-a-i-I-y-n-s-o-n, 268 So.3d 762. It's
5 a Fourth DCA 2019. That case says, The central
6 purpose of 57.105 Florida Statute is and always
7 has been to deter meritless filings and, thus,
8 streamline the administration and the proced
9 the courts. Thus, the post-1999 version of t
10 -- 57.105 has expanded the circumst• where
11 fees should be awarded and the is to defer
12 meritless filings.
13 57.105 -- The statut provides the
14 following language rim g the award of
15 attorneys' fees s the present litigation.
16 It says, "Upo he urt's initiative or motion of
17 any part ylc jrCourt shall award a reasonable
18 atto y's r, e including prejudgment interest, to
19 i o the prevailing party in equal amounts
2 e losing party and the losing party's
2 attorney on any claim or defense at any time
22 during a civil proceeding or action in which the
23 Court finds that the losing party or the losing
24 party's attorney knew or should have known that a
25 claim or defense, when initially presented to the
1 Court or at any time before trial, was not 2 supported by the material facts necessary to 3 establish the claim or defense, or would not be 4 supported by the application of then existing law 5 to those material facts."
6 So, notably, the statute includes a lot of 7 key words in there, but here, the key words that 8 I'm focusing on is "knew or should have know .
9 Here, the plaintiff had a due diligence 10 obligation to know what the law was 11 filed the lawsuit. They should h. the 12 ultimate facts of the case all d they 13 should have known the pike al mechanism for 14 obtaining the record t th y were seeking. y
15 Nonetheles ' nformed the plaintiff 16 multiple times out this case that not -- 17 18 19 2 2 22 23 24 that Mr. la irberg is an improper party, not only -- b IS use ., of only is it impossible for him to the requested records since he has no ession, custody or control over them, but also because the statutes that govern the disclosure of grand jury records clearly and unambiguously do not grant such authority or power to the state attorney.
25 Another case for you is Trust Mortgage, 1 LLC, v. Ferlanti. That's found at 193 So.3d 997.
2 That's also a Fourth DCA case from 2016. And it
3 can guide the Court here. This case says that, in
4 determining an award of sanctions under
5 Section 57.105, the trial court's findings must be
6 based on substantial competent evidence and the
7 trial court must make an inquiry into what the
8 losing party knew or should have known durin ii..,0
9 fact establishment process both before and e)
10 the suit was filed.
11 So, as to the 57.105(1)(a) cl, i1(•,) tm.'
12 Mr. Aronberg's position is th spaper
13 should have known whe e re doing their
14 research that it was sibility, that he had
15 no access, cust ntrol of these records,
16 but that fact - br t line was drawn to that
17 fact by J urtikrMarx in the June 3rd, 2020, motion
18 to 6 sss t earing. She made several statements i
2 And, if it would please the Court, I would
4n19 taiTu he plaintiff on notice, if they weren't
2 ready.
22 like to read those onto the record. You can find
23 these -- We've submitted a joint binder to you,
24 and if you -- --
25 THE COURT: I have it here. Tell me where
1 I'm looking.
2 MR. WYLER: Yes, sir. If you look at J13,
3 that's the condensed version of the transcript.
4 You can find the full version if you look at J29,
5 and I can give you the = stamp numbers.
6 THE COURT: Tell me where to look, and I'll
7 look.
8 MR. WYLER: Absolutely, Your Honor. L cCI)
9 at = stamp 1353, and that will start you
10 THE COURT: Of what exhibit?
11 cull MR. WYLER: Okay, Exhibit
12 r for you version. I thought that might At
13 to read it. At 1353. ( S
14 pJ THE COURT: sai 29.
15 MR. WYLE , J29, and, if you look in
16 the lower left 'there's a number that
17 says CA, p h, Aronberg, and you'll see the -
18 sta ? nu ,E bers.
19 CS1 COURT: What's the number?
2 R. WYLER: 1353.
2 THE COURT: Go ahead.
22 MR. WYLER: Thank you, Your Honor. I'm
23 going to go through this transcript, and I'll
24 direct you to the actual page number of the
25 transcript itself, okay? Page 3, lines 18 -- 4
\
1 through 1. "Not for nothing" -- This is all Judge
2 Marx. "Not for nothing, I think we all know that
3 they don't have control and custody of the
4 records."
5 Page 5, lines 17 through 19. "I think we
6 can all agree that the state attorney doesn't have A."," \_
7 these records."
'S .'
9 the clerk and the state attorney the pr oper
8 Page 8, line 4. "I'm asking you, how are
10 defendants?"
11 Page 8, line 8. "I'm puzzled c
12 procedural posturing of this n ning the state
13 attorney, and, you knower stymied by
14 the fact that you alle clt....,yo r complaint that
15 they have, parti y vid Aronberg, the state
16 attorney, that these records."
17 Pag ine 18. "Okay, let's run this all
18 the y o . Let's say you win and you get a
19 • t against the state attorney, Dave
2' berg. What's he supposed to do with it? He
2 can't release the grand jury testimony. He has no
22 authority whatsoever to do that."
23 Page 10, line 21. "And the only thing
24 we're here today about is why should the clerk and
25 the state attorney have to defend a civil action
1 2 3 4 when it's an impossibility of performance? They even -- If you were to win and get a judgment against them, they cannot give you what they don't have."
5 6 7 8 Page 11, line 12. "I'm simply saying, why should these two entities have to defend this lawsuit when, even down the road, if you win, the AS can't give you what they don't have?"
9 10 11 12 Page 16, line 12. "And, you know, reall I want to you boil it down for me as t Let's take it all the way down the ou win. You get a judgment against tl le and the state 13 attorney. I know there's ic e sons why you 14 might have filed it th' / y, ut I'm just simply 15 puzzled becaus r what the clerk and the 16 state attorney re ing, and that is, 17 performa is impossible. They don't have the 18 re an cannot, absolutely. There's not even 19 c f wiggle room that they could release the 2 rds even if you got a judgment. It is solely 2 a determination for the Court. I frankly think 22 you know there's ways to get your records. 23 There's ways to get confidential records, but it 24 isn't by suing the state attorney and the clerk." 25 Page 17, line 6. "Even assuming, arguendo,
1 that they have the records, we know they don't.
2 You were to -- If you were to get a judgment
3 against them, how would you expect them to
4 perform?"
5 And then finally, on page 17, line 23.
6 "What do you mean? What do you mean? They're not
7 trying to block it? They're saying that, despite
8 the fact -- let's just talk about the clerk 0
9 because we all know the state attorney doe 't
10 have it."
11 I would ask the Court to ent ring
12 transcript found at J29, 135\ as Defense's
13 Exhibit No. 1.
14 THE COURT: tion?
15 MS. WHETS I All the joint exhibits are
16 in evidence, s
17 MR. 1 ER: They're in evidence, but I
18 don' no ' you wanted to mark them for each
19 n So if I don't need to do that, then I'll
2 pense with that.
2 THE COURT: These joint exhibits have all
22 been stipulated to?
23 MR. WYLER: Yes.
24 THE COURT: No need then.
25 MR. WYLER: Then I'll leave it alone.
1 Thank you, Your Honor.
2 These statements, along with the upcoming
3 examination of Mr. Aronberg and Mr. Mendelsohn,
4 along with everything that's presented to the
5 Court, it shows that these sanctions are
6 justified, and there is no arguable basis in fact
7 or law the way those statutes are written that
8 Mr. Aronberg could ever provide the requeste O
9 materials that he was sued for.
10 As to the 57.105(1)(b) argument,
11 Mr. Aronberg's position here is t
12 newspaper, plaintiffs and the' ys, they
13 should have also known ( S h 11, ginning when they
14 were doing their res h th t those statutes
15 precluded Mr. Ar r rom actually providing
16 these records Th s what they sued for. They
17 asked for Aronberg to provide these records so
18 tha y could then be disclosed to the public.
19 h ter -- or, Statute 905.27 states this:
2 this -- this argument has been presented in
2 everything that we've said to the newspaper.
22 "When such disclosure is ordered by a Court
23 pursuant to subsection (1) for use in a civil
24 case, it may be disclosed to all parties to the
25 case and to their attorneys and by the latter to
1 their legal associates and employees. However,
2 the grand jury testimony afforded such persons by
3 the Court can only be used in the defense or
4 prosecution of the civil or criminal case and for
5 no other purpose whatsoever."
6 That argument was ultimately utilized in
7 Judge Hafele's final judgment in favor of the
8 clerk because, on top of other things, the
9 plaintiff admitted that they weren't seeking t
10 use these requested records in an u g civil
11 or criminal case. They wanted t — for
12 public disclosure.
13 Chapter 905.17 of ttS4 )cl statutes also
14 applies here. This teen made evident and
15 very clear to the tj . That statute says,
16 in pertinent p e notes" -- and this is all
17 regarding rand jury materials -- "The notes,
18 re an transcriptions are confidential and
19 C p rom the provisions of Chapter 119.07 and
2 ilon 24(a), Article 1 of the State Constitution
2 and shall be released by the clerk only on a
22 request by a grand jury for use by the grand jury
23 or on an order of the Court pursuant to
24 Chapter 905.27."
25 So, like I said, these legal arguments have
1 been presented to plaintiff and its lawyers 2 several times. It was in the 57.105 demand 3 letter, but plaintiff dropped Mr. Aronberg from 4 the case too late. The statute had already taken 5 effect. There's a 21-day safe-harbor provision in 6 that statute. And the testimony and evidence 7 today will show that a motion for attorneys' fees '4 {sup}`1` ' 8 was filed appropriately with that statute, and si 9 then following that, Mr. Aronberg was dropp c fr m 10 the case. After that, an amended m r 11 attorneys' fees was filed. 12 Plaintiff has an argumen to deal 13 with the timing of when ?lc'Nt9 , ded motion for 14 attorneys' fees was . T ey claim that we 15 don't comply wit day safe-harbor 16 provision, an se this case of Lago v Kame, 17 18 19 2 2 22 23 24 25 Lago v K By Design. It's K-a-m, like Mary, K-a- -ep, 7B Design, LLC. That's found at 120 So.3d e t t' also a Fourth DCA case from 2013. o that case held that, if a party files a subsequent or amended motion for sanctions under Section 57.105 and raises an argument that was not raised in the original motion for Section 57.105 sanctions, then the subsequent motion must independently comply with the 21-day safe-harbor
1 provision.
2 Okay, but the facts are different, totally
3 different.
4 See, in the Lago case, the party who was
5 served with the 57.105 demand never withdrew from
6 the case. They stayed in the case to the end.
7 The person that served the original 57.105 in
8 Lago, after serving it, served a second one, a
9 when they served the second 57.105 — well,
10 didn't serve a second 57.105 deman• They
11 filed a second motion for attorne a. an \ w
s( 12 amended motion for attorne k ,f c ithout
13 providing an additional I er, .105 letter
14 before they filed the ndcTd motion. That didn't
15 happen in this
16 In this cad, w iled our amended motion
17 -- our on gc' 1,pmotion , for attorneys' fees on
18 Nov ber 7 th, 2020, and then they dropped
19 r berg from the case on October 21st --
2 , we filed -- I'm sorry. I apologize, Your
2 Honor. We filed our original motion for
22 attorneys' fees on July 1, 2020. I apologize.
23 They dropped Mr. Aronberg from the case on
24 October 21, 2020, and then we filed our amended
25 motion for attorneys' fees on November 9th, 2020.
1 So the significant thing about this, Your 2 Honor, is the 21-day safe-harbor provision is 3 there to provide the -- provide an opportunity to 4 reevaluate your position and change your position 5 and withdraw your case based on the demands in the 6 57.105.
7 There was no opportunity for the plaintiff 8 to reevaluate and change their position. The 9 already made their mind up. They had acre 10 dropped Mr. Aronberg from the case. y asking 11 or saying that we failed to provid day 12 safe-harbor provision, that is i d1ng, Your 13 Honor, because there w y they could change 14 15 16 17 18 19 their position with 'ca " ......, r demand letter sent to them. They had r made their decision and dropped Mr. onb g from the case. It was impossib t r oythem to change their position. So posr he no ligation to serve his amended motion to ding with the Court because he was 2 ready dropped, and a previous motion for 2 attorneys' fees was already filed.
22 Another interesting part of that Lago case 23 is that, in that case, the Court did find that the 24 amended motion was filed improperly because they 25 were still in the case, but, instead, the Court
1 picked up the originally-filed motion for
2 attorneys' fees in that case. And we would ask
3 Your Honor, in the alternative, should you find
4 that, that you would rule on our original motion
5 for attorneys' fees if it came down to it because,
6 in the end, the arguments are the same, and the
7 real difference in the filing of the amended
8 motion for attorneys' fees is that it included th O
9 final tabulation of my firm's fees, as well as
10 affidavits -- my affidavit of reasonabl J
11 fees and an affidavit of reasonab om our
12 expert.
13 The other interestinNp re, the other
14 argument that you'll r p1 ntiff make is that
15 Mr. Aronberg wash er party to the case. Now,
16 again, the cle is a person -- the only entity
17 that has ority to provide these records under
18 anl , alone should be enough to show
19 stat , that c Aronberg is not a proper party defendant.
2 Judge Hafele's final judgment actually helps
2 out this because Judge Hafele's final judgment
22 actually instructed plaintiff on the right way to
23 go about trying to get the records that they were
24 seeking. It points out that they followed --
25 failed to follow the right procedure. 1 In that final judgment, Judge Hafele makes
2 it clear that all that they had to do was file --
3 follow the Rules of Judicial Administration
4 Rule 2.42 and file a motion seeking disclosure in
5 the underlying case, and then serve the parties to
6 that case and anybody who might be interested in
7 it.
8 That underlying case is State of Florida C)
9 vs. Jeffrey Epstein. It's case number
10 2006-CF-9454, and Mr. Aronberg no ice is a
11 party to that case. So he is an i .arty.
12 They never needed to sue hi t5Skthese records.
13 There's a big differe c, een suing the
14 state attorney to get, rd % ersus filing a
15 motion in a case already open.
16 Okay, no ake one other defense here
17 under 57.v 7 k 3)(a), but that does not apply here
18 ;kc in a s ioen e, and I'll explain to you why. First,
19 ete ad you the statutory language.
2 his is 57.105(3)(a), and it says,
2 "Notwithstanding subsections (1) and (2), monetary
22 sanctions may not be awarded; (a), Under
23 paragraph (1)(b) if the Court determines that the
24 claim or defense was initially presented to the
25 Court as a good faith argument for the extension, 1 2 3 4 modification or reversal of existing law or the establishment of new law, as it applied to the material facts, and with a reasonable expectation of success."
5 6 7 8 9 So here, the plaintiff tries to twist the language of that statute in two different ways to suit its argument. First, they entirely failed to recognize that the 57.103(a) (sic) defense ap cit.i only to claims made under 57.105(1)(b), an a )
10 has to do with the law not being corr
11 applied to the facts to establish t\ t
12 The law here cannot be 'e o the case
13 in such a way that woul their claim as I
14 went through with th Rgt...., statutes with you. That
15 is the only scen n r (1)(b), when you're
16 making a leg ent, not a factual argument,
17 where yo n come up with a good faith defense.
18 So e is o good faith defense at all that
19 •e o the factual argument that it is
2 ssible for Mr. Aronberg to provide these
2 materials, that he has no access, custody or
22 control over them and he never has. That is
23 unchanged by this defense of theirs.
24 But the interesting thing is that this
25 defense fails in another way, too, because, if you
1 recall, their only remaining count is for 2 declaratory relief, and when declaratory relief is 3 asked of the Court, that is an asked for 4 interpretation, and admittedly so by the 5 plaintiff. Their -- They state that -- Where did 6 I just put it? They argue that their declaratory 7 relief claim was presented to the Court as a, 8 quote, good faith argument for the interpretati 9 of existing law or at least the establishment 10 new law. But that doesn't work here e, if 11 you go back to the statutory Ian 12 statute, it's only for the exten ii edification 13 or reversal of existing la sn't say 14 anything about inter tio
15 They did no fp he extension of 16 57.105 -- or, 90 V.17. They didn't ask for it 17 to be mo iit• oitor d. They didn't ask for it to be 18 rev ,ottl d. hey asked the Court to interpret it AOt pli 2 That is totally -- That is an interpretation that 19 e em whether or not they had the ability 2 ye the grand jury records disclosed to them. 22 they asked for. The Court only got to address 23 that as to the clerk because, again, we were 24 dropped before then. 25 So the other part of that statute talks
1 about -- it says, or creation of a new law, okay?
2 They weren't asking to create a new law with their
3 declaratory relief claim. The only place where
4 they were trying to create a new statutory cause
5 of action was in their Count 2 that was dismissed
6 with prejudice by Judge Marx and is not at all a
7 part of Mr. Aronberg's 57.105 demand.
8 The 57.105 demand only regards the clai c O
9 for declaratory relief. So the defense under
10 57.105(3)(a) fails as to both of Mr. Ar
11 57.105 claims.
12 I would just like to reitera Ne Court
13 that the clerk is in actual os ion of the
5ft....' 15 statutorily author t elease grand jury
14 requested records, i on entity that is
16 records pursu nt t Court order, and despite
17 plaintiffs ments to the contrary, the record
18 evi ce 12 • '`Pir I show that plaintiff and its lawyers
19 o should have known at the time they were
2 ed -- at least at the time they were served
2 with the 57.105 demand that the declaratory relief
22 claim fails under 57.105(1)(a) because it is
23 unsupported by the material facts necessary to
24 establish it, and under 57.105(1)(b) because it is
25 unsupported by the application of the law to the
1 material facts.
2 Plaintiff and its attorneys have exposed
3 themselves to sanctions under 57.105, and
4 Mr. Aronberg requests such relief.
5 THE COURT: Thank you.
6 MR. WYLER: Thank you, Your Honor.
7 A I approach, Your Horii:
8 THE COURT: Please.
9 MS. WHETSTONE: And if I may, I'll flip()
10 over this timeline. Your Honor shoul a copy
11 in your binder.
12 THE COURT: Is that the( give me --
13 I think I actually...
14 Is this it?
15 MS. WHET Yes.
16 THE CO T: henever you're ready.
17 it please the Court.
18 The st &d a complaint seeking access to C5tri from Jeffrey Epstein's grand jury
19
2 stigation which was run by the Palm Beach
2 County's former state attorney in 2006.
22 The Post felt a duty to inform the public
23 as to how this sexual predator got the deal of the
24 century and got off with such leniency. It is a
25 matter of genuine public interest and concern as
1 this Court has noted.
2 The Post named two defendants, number one,
3 the clerk of Court as the public office tasked
4 with custody of grand jury records and, number
5 two, the state attorney's office because it
6 actually ran the investigation and because it is
8 jury secrecy.
9 The state attorney's office says they
7 the public office tasked with protecting grand
10 should have never been named a part course
11 they had to be named a party. ere they
12 the public office that conduct e vestigation
13 and presumably had po n of certain documents
14 at some time, but, im rtantly, they're the
15 public office with • er and authority to
16 prevent the cl k fr producing grand jury
17 documen
18 ur nor, we heard in the state
19 e s counsel's opening that this is about
2' ody, whether the state attorney had the
2 documents, whether he had possession or custody of
22 the documents, but it's not just about that. It
23 is not just about custody. And it's -- We'll get
24 into this, but the important point is, the state
25 attorney's office has as its task the protection
1 of the grand jury system.
2 And it's important to remember, we're here
3 today on a motion for 57.105 sanctions relating to
4 the declaratory relief claim, not the statutory
5 claim. We heard reading from the transcript
6 before Judge Marx relating to the motion to
7 dismiss Count 2, which was on a statutory claim
8 0 under Florida Statute 905.27.
9 Of course, we are here on the declarato
10 relief claim that also involved constitu aw
11 and First Amendment law, not ju
12 statutory law.
13 So, starting off, we v rlt ,tb the merits,
14 but you don't even n to cat there, Your Honor.
15 There are two n e, case dispositive
16 jurisdictional i hich require denial of the motion w itsgt y any consideration of underlying
17
18 fa cr\A trn his is not just an argument. These
19 an dictional defects.
2 umber one, the Court lacks jurisdiction
2 because the amended motion for sanctions was filed
22 after the state attorney was dismissed as a party.
23 And I'll indicate -- Hopefully you can hear me,
24 but here is where the state attorney filed his
25 amended motion for fees. It was November 2020.
1 And we dismissed -- the Post had dismissed him as
2 a party 19 days before, on October 21st, 2020.
3 The case law is clear that the Court has no
4 jurisdiction over a motion for sanctions after a
5 voluntary dismissal, like the motion here. And
6 this is case law, including Sidlosca vs. Olympus,
7 and that is in Authorities tab -- the Authorities
8 binder that Your Honor has at tab 26, and I'll
9 read the case cite for the record. 276 So.3
10 It's a Third DCA 2019 case.
11 Number two, the Court also
12 jurisdiction because the ion, which is
13 the only motion we are uolated 57.105
14 subsection (4)'s saf rbor otice provision
15 which requires a or fees be served at
16 least 21 days t o its filed.
17 It is u s•uted that the state attorney
18 nev ery copy of the amended motion for
19 < tio s at any time before filing it on November
2 I believe Mr. Wyler also mentioned that and
2 agreed with that in his opening. As a result, the
22 amended motion cannot be considered. The state
23 attorney tries to rely on a prior, what he calls,
24 quote, unquote, place-marker motion for fees that
25 was served on June 8th, 2020, in an attempt to get
1 around the safe-harbor requirement of 57.105. He
2 cannot do so. First, the statute is in derogation
3 of the common law, so it must be strictly
4 construed.
5 More importantly, the case law says, and
6 this is Lago vs. Kame, the case law says that the Aws,
7 initial place-marker motion is not sufficient to
8 comply with 57.105 because, once they filed
9 amended motion making new arguments, th
10 21-day safe-harbor notice was require w. And,
11 again, Lago says -- this is tab 14j onor's
12 binder -- that they must inde comply with
13 the 21-day safe harbor.
14 The state attorn ies o argue that,
15 because we disn dl m prior to him filing the
16 amended mot r ees, he's no longer required
17 to comply ' h the 21-day safe harbor, but the ir
18 dis i al exactly what the 21-day safe-harbor
19 si is aimed at encouraging from parties in
2 afion.
2 There was nothing to ask us to withdraw
22 with a 21-day notice because it had already been
23 withdrawn, so 57.105 doesn't even apply to the
24 situation here, and that's actually a situation
25 that came up in the Ferere, F-e-r-e-r-e, vs. Shore
1 2 3 4 5 6 7 8 doesn't apply at all. 0 case, and that's tab 6 in Your Honor's binder and that's a Fourth DCA case. And in that case, the Court said that 57.105 subsection (1) was not applicable where there was no way for plaintiffs counsel to withdraw an allegation after a post-trial motion. So if 57.105 -- the "4\ safe-harbor notice was not available, then 57.105
9 And, here, it's obvious that the amende 10 motion made new arguments not in t 11 place-marker motion. And we're pull up 12 the first place-marker motion t amended 13 motion to compare them ,,S., se are exhibits, 14 Joint Exhibits 14 an
15 So, first, her the first 16 place-marker , Exhibit 14, it's -- the 17 motion it st A'sir one page. There's an enclosure 18 lett at aeme with it, and it's two pages. So 19 < p ges total. The motion itself says nothing 2 pt we're going to prevail, and this is your 2 notice, we want fees.
22 But the enclosure letter says, along the 23 lines I believe Mr. Wyler said this in his 24 opening, that the defendant Aronberg nor the 25 office of the state attorney is in custody or
,,
1 control of the 2006 grand jury materials sought
2 therein.
3 However, the first motion completely failed
4 to address the main reason why the state attorney
5 was a party to the lawsuit, because it could
6 object to the clerk providing the grand jury
7 records.
8 So now let's pull up Exhibit 25, which is O
9 the amended motion. And, Your Honor, her s you
10 can have an idea, here's the first mot
11 Joint Exhibit 14. Here's the ame tion.
12 This is three pages. This is with
13 exhibits, 11 pages of a nd one page of a
14 motion. So clearly t 's\new stuff in the
15 amended motio . But Mr. Wyler said they
n` 16 said the sam ents. That's not -- That's not
17 true.
18
19 eStri e atded motion clearly makes new ts not in the first place-marker motion.
2' o references new documents, like the state
2 attorney's motion for summary judgment and
22 Mr. Aronberg's affidavit, both which were filed in
23 August of 2020. So here (indicating).
24 Importantly, the amended motion also raises
25 new positions. Just as an example -- and, Gerard,
1 if you could pull up paragraph 20 of the amended
2 motion -- it says, "The state attorney has no
3 objection to the clerk producing and disclosing
4 the requested materials should the Court grant an
5 order to that effect." And then in paragraph 25
6 it says, "Likewise, the state attorney has no
7 objection and never has had any objection to the '4S ,
9 plaintiff." C O
8 clerk releasing the records sought by the
10 That's not true, though. As you
11 in the evidence, the position that
12 attorney had, quote, no obje ,, quote,
13 never had any objection h rk producing
14 grand jury materials ne , and you'll hear from
15 Greenberg Traur tt4 ey Stephen Mendelsohn that
16 this is exactly the ao>;ition that the Post was
17 trying to 1, '", nd Mr. Mendelsohn was trying to get
18
19 ,,s fro e , st to attorney. n you'll hear, in a June 23rd, 2020,
2 r Mr. Mendelsohn wrote to the state attorney,
2 he said the state attorney is named here because
22 they are a party that is tasked with protection of
23 the grand jury system. You have the right to
24 object to the release of grand jury materials.
25 That's why you're here. And, once we had this 1 notice right here of saying they don't object, we
2 dismissed him.
3 So he first said on the record, on
4 October 14th, I have no objection to the
5 production of the Epstein grand jury materials.
6 We dismissed him October 21st.
7 So, to close out on the jurisdictional
8 argument, the amended motion raised new ar
9 and cited new record evidence that did not
10 at the time of the first place-marker So
11 the amended motion had indepe omplied with
12 the strict 21-day safe-harbor it ent, and the
13 state attorney failed to s fore filing;
14 therefore, the amend mo n must be denied
15 outright.
16 Your Hon if the Court -- sorry --
17 even if thii o te attorney could overcome the :,t py
18 juri tion I defects, the evidence will show fi i
19 's bsolutely no basis for sanctions under
2 tatute, and let's turn to the statute now and
2 the standard under it as applied by the case law.
22 And this will be tab 18.
23 THE COURT: Are you talking to me, or --
24 MS. WHETSTONE: Sorry, I was indicating to
25 Gerard.
1 2 3 4 5 6 7 8 9 And, Your Honor, here's the standard for sanctions under Florida Statute 57.105. The statute is behind it. Mr. Wyler read from that. And this is a case that interprets -- interprets this high standard, and this is the same -- I note that vs. Bailynson -- I'm going to botch that name, sorry, but the case that Mr. Wyler read from has the same exact standard as to how 10 requirements of 57.105. So this is a 11 This is not a who won. This is n 12 party standard. 13 They have the burd ing that the 14 claim was so frivolo d devoid of merit both on 15 the facts and th o be completely 16 untenable, an ow the claim was not 17 frivolous, I r rber , one, because they admitted in 18 thei sw to this very claim -- 19 n , Gerard, if you could pull up the 2' parison. 2 They admitted in their answer to this very 22 claim that a good faith dispute exists between the 23 parties. And here you're seeing -- Your Honor is 24 seeing a comparison of Exhibit 9, which is the 25 amended complaint, this count for declaratory you interpret whether somebody has met th rden. iling
1 2 3 4 5 6 7 8 9 10 11 relief, and Exhibit 10, which is the state attorney's answer. And it says, "The Palm Beach Post has sought from defendants, and defendants - but defendants have refused to provide access to the testimony, minutes and other evidence presented in 2006 to the Palm Beach County grand jury. Indeed, defendants have each filed motions to dismiss the complaint and the relief it soug under Florida Statute Section 905.27(1). Accordingly, a good faith dispute exis 1, een the parties." And, in response, t 12 attorney simply said, "Admitted' 13 By that admission, t I his motion 14 for sanctions. They not ow argue this claim 15 was without me ' in addition, we will go 16 through the e 'den that shows the Post and 17 Greenbe aurig acted only in good faith and 18 wit ug tful deliberation and that this was not 19 o s claim by any means. 2 o backing up a bit and to what we believe 2 the evidence will show. After Epstein's arrest 22 here in Palm Beach County in 2005, the Post began 23 an investigation into Epstein and then what 24 happened with the prosecution in 2006, how he got 25 this sweetheart deal from the former state
1 attorney, to inform the public what went wrong.
2 The Post made a number of public records
3 requests. No luck. The limited documents they
4 received shed no light on how Epstein got off with
5 such leniency.
6 So, in the summer of 2019 -- we again have
7 AO•Aak' this timeline -- after years of investigation on
8 Epstein, the Post brought in a team at Green 4(0 {sup}`1`
9 Traurig, including Stephen Mendelsohn herE you
10 will hear from today, and other expe
11 attorneys in First Amendment an tional
12 law and criminal law.
13 The Post and its att ent months
14 researching and det \*nin how do we get these
15 records. And y I he first box is from
16 July -- July 2 9 t ugh November 2019, research
17 and -- le esearch and due diligence regarding leg
18 h aim to bring and how. You will hear that
19 e delsohn tried contacting the state
2' rney's office and requesting what was missing
2 from the public records requests.
22 And if you want to pull up Exhibit 1.
23 Exhibit 1 is an example of such, and it was
24 a letter from Mr. Mendelsohn that you'll hear
25 about where he requests specific documents. And
1 you will hear that was not the only
2 attorney to write the state attorney's office in
3 addition to the Post. You will hear that
4 Mr. Mendelsohn's specific records request to the
5 state attorney's office went unanswered, and you
6 will hear from Mr. Mendelsohn and the Post that
8 Post filed this lawsuit seeking access to gran 6 S1Al'"
7 the Post was left with no other option. So the
9 jury materials naming two defendants, the c
10 and the state attorney.
11 And the state attorney was k ry
12 party to the claim here. I bef {sup}`4` ,I ogone over
13 that, but, quickly, numbe 41S(,, e state attorney
14 ran -- conducted the nd ry investigation in
15 2006. At some state attorney's office
16 had to have r rd But, number two, more
17 important r ips , the public official with
18 res sibi ty and control over the grand jury
19 he state attorney had to be named. As
2 public office with that control, the state
2 attorney had the power to object to the clerk
22 producing records. And this is something that the
23 state attorney has never refuted or even
24 addressed, and that goes hand in hand with number
25 two, that the state attorney also had the ability
1 to request access to records from the clerk. This
2 was not on a whim, not to harass and certainly not
3 frivolous.
4 In doing all this background research, you
5 will hear that Mr. Mendelsohn came across Fourth
6 DCA and federal case law supporting the conclusion As,
7 that the state attorney was a necessary party.
8 Mr. Mendelsohn provided the state attorneyw
9 that case law and explained what we need
10 the state attorney in this case. We n the
11 state attorney to represent that h I of
12 object to the release of gran erials by
13 the clerk if ordered by th o They ignored
14 that request.
15 You will hea lair. Mendelsohn --
16 Exhibit 16 -- June 23rd, 2020, letter he
17 sent to th it i ate , attorney in response to the
18 stat ttor y's place-marker motion for fees that
19 'n arly June. And, in this letter dated
2 23rd, Mr. Mendelsohn set forth three reasons
2 why the state attorney was named as a party.
22 Again, number one, custody; number two, they had
23 the power to make arguments against release of
24 grand jury materials; number three, there was
25 nothing that prohibits the state attorney from
1 requesting copies of the clerk during and after
2 the close of criminal prosecution.
3 So, as Mr. Mendelsohn says in this letter,
4 even if the state attorney's office did not have
5 possession or custody of the materials,
6 that did not end the need for his office to be a
7 party to the declaratory relief claim. The state
8 attorney still had the right to object to the
9 clerk producing records. That's exactly wh
10 included them in the case.
11 You'll hear they previously d'
12 release by filing a motion to s - this is
13 Count 2, I'm sorry, the sj iat ount -- and
14 then, by filing the an r to ount 1 admitting
15 that a good faith uj exists as to this very
16 claim.
17 So in I ly irtimeline, for months after
18 rtcnde sohn's letter, they -- they refused to Mr. t,
19 , n and we also reminded them on October 2nd,
2' , in a later filing, what we needed. What we
2 needed from the state attorney to release him from
22 this case was that he would not object to the
23 clerk's release of materials, and this was in our
24 reply -- sorry -- response to the first
25 place-marker motion for fees, and that was
1 Exhibit 20.
2 In that exhibit -- or, in that document,
3 again raises the In re Grand Jury
4 case that you just saw in the June 23rd letter.
5 It was not until after this, on October 14th,
6 2020, that the state attorney's office finally
7 stated in a court filing they would not object to
8 the clerk's production if ordered, and he took ,....,
9 position of neutrality. Days later, we dismis d)
10 the state attorney.
11 It's important to note the dis f the
12 state attorney does not make revailing
13 party, not even under th sanctions
14 standard, which is rrlikLy h' er than a prevailing
15 party standard, under a regular
16 prevailing pa dard , the state attorney is
17 not a pre i ' c'n g party here. Just because a
18 plai tff vo z ntarily dismisses a defendant does
19 a e a defendant a prevailing party. Where a
2 tiff gets something or a compromise out of
2 litigation, a dismissal becomes an appropriate
22 course of action as a result, then neither party
23 is the prevailing party for purposes of
24 contractual attorneys' fees. And that's pursuant
25 to the Kelly vs. BankUnited case that is -- it 1 should be in tab 38 of Your Honor's Authorities
2 binder. We sent it included in the supplement.
3 THE COURT: I think I --
4 MS. WHETSTONE: It should have been on last
5 Thursday, but --
6 THE COURT: I got it.
7 MS. WHETSTONE: As Mr. Wyler even said, t
8 purpose of 57.105 is to deter misuse of the
9 judicial system and to discourage needless
10 litigation, but here, to declare the stat
11 attorney a prevailing party and e is xi
12 attorneys' fees under these f t d be
14 Again, you'll he ni1f 'tiendelsohn that
13 contrary to that goal.
15 the Post dismiss ate attorney only after
16 it got what it n rom him, changing his
17 oppositio IFT.p.release , of grand jury records to
18 g his `affirm statement that his office
19 bject. And, Your Honor, the cases here
2 -- the Court's rulings here actually
2 support this finding of no basis for sanctions
22 even further.
23 With regard to -- We heard a lot from the
24 transcript before Judge Marx from the motion to
25 dismiss Count 2. First, that was with regard to a
1 motion to dismiss Count 2, not the count we're on
2 here today, which is Count 1 for declaratory
3 relief.
4 It's important to note that Count 1 for
5 declaratory relief involves issues of First
6 Amendment and constitutional law, not just that
7 Florida Statute 905.27.
8 In number two, respectfully, what -- whate
9 Judge Marx said during a hearing is not evi c
10 as to whether the state attorney actu
11 custody or control of records. S rd her
12 statements on the record bu v nce about
13 whether the state attorne iidbr did not have
14 custody of the docu ts. Xnd he did say in his
15 filings he does n " ustody or control of the
16 documents, b t, a n, we're not just here about
17
18 rig his own dy or control; we're here about his thTsgr, tate attorney to object to the clerk
19 si grand jury records.
2 And when Judge Marx entered an order on
2 Count 2 dismissing Count 2, that was a limited
22 order on whether there was a private cause of
23 action under that statute.
24 In addition, there was Judge Hafele's final
25 judgment that was Exhibit 30 in the binder, and
1 Judge Hafele, when he entered the final judgment,
2 that was as to the same claim that's at issue
3 here, the declaratory relief claim as it remained
4 against the clerk, because you'll recall the state
5 attorney had already been dismissed as a party
6 once they said they had no objection to the clerk
8 In the final judgment, Judge Hafele notec(b)(3 S
first impression involving 9 this was a case of
7 releasing grand jury materials.
10 issues of genuine public concern. T ments
11 by the Post's attorneys in suppo
12 declaratory relief claim were ncere,
13 palatable and persuasiv mmended everyone
14 for their hard work. is e opposite of a
15 frivolous claim. le the Court ultimately
16 did not rule in ee R st's favor for declaratory
17 relief as tie irclerk, we respectfully disagree,
18 and t d ision is currently on appeal. But,
19 ortantly, that is not the standard for
2 05. Again, it is not a prevailing party
2 standard.
22 They have not met the high burden for
23 sanctions to prove that the fact -- the claim was
24 so frivolous or so devoid of merit under both the
25 facts and the law as to be completely untenable, 1 and, at the very least, this is a case -- in this
2 case of first impression, the claim for
3 declaratory relief was a good faith argument for
4 extension of the law. And, according to
5 57.105(3)(a) sanctions cannot be awarded.
6 A reminder here, too, that it was not just
7 the statutory -- the Florida statute at issue.
8 It's constitutional and First Amendment law a O
9 issue in the declaratory relief claim.
10 Finally, it's worth noting that, if t
11 are no sanctions imposed, there es to be
12 paid by the state attorney's
13 Mr. Aronberg personally r b akpayers, by
14 anybody.
15 Mr. Wyler, A ...;ents state attorneys
16 across the st a of Florida, had a contingency
17 agreeme ith the state of Florida in this case
18 —s ate attorney in this case and, from
19 u et, no fee obligations arose unless there
2 s a Court order awarding fees. And that's
2 Exhibit 5 in the joint exhibit binder. So the
22 only way they were going to get fees was under a
23 57.105 motion. However, there has never been any
24 basis for 57.105 sanctions.
25 In closing, Your Honor, 57.105 is reserved
1 for egregious conduct. There's nothing even
2 remotely close to that conduct that exists here.
3 The motion must be denied, and the Post
4 respectfully requests the Court deny the amended
5 motion for sanctions in its entirety.
6 Thank you, Your Honor.
7 THE COURT: How many witnesses are you
8 calling?
9 MR. WYLER: Just one. Mr. Aronberg.
CO
10 THE COURT: All right.
11 THE CLERK: Do you sole or affirm
12 that the evidence you area e will be
13 the truth, the whole trut ing but the
14 truth?
15 THE WITNESS:\ tdo.
16 Thereupon, L i
17 D ARONBERG, STATE ATTORNEY,
18 havi een my sworn by the Clerk of the Court,
19 rOd rliSfd and testified as follows:
2 DIRECT EXAMINATION
21 Y MR. WYLER:
22 Q. Good afternoon, Mr. Aronberg.
23 Will you please introduce yourself to the
24 Court and tell us how long you've held your position.
25 A. Good afternoon.
/--,
1 I'm David Aronberg. I go by Dave. And
2 I've been state attorney since I was elected in 2012.
3 Q. Thank you. We're here today on your
4 amended motion for attorneys' fees filed November 9,
5 2020, against the plaintiff, correct?
7 Q. And did you engage my law firm,
8 Scholz & Wyler, to defend you in this action?
10 Q. I'm going to show you our Join 5.
11 Do you recognize this as a copy of o gagement
12 letter with your office signed by ward?
14 Q. Thank you. \
15 MR. WY t Exhibit 5, Your Honor,
16 our firm's ent letter, contingency fee
17 agrees t
18 TI-IE COURT: Thank you. (
19 Y \. WYLER:
2 Q. Mr. Aronberg, have you reviewed or are you
2 therwise familiar with the pleadings and filings
22 submitted with the Court in this hearing?
23 A. I am.
24 Q. So then you're familiar with the
25 newspaper's original summons and complaint filed against 1 you on November 14th, 2019, and then the amended
2 complaint filed January 17, 2020?
4 Q. And what has the newspaper sued you for?
5 A. They sued me to obtain the Jeffrey Epstein
7 Q. Did they sue to just obtain them, or to
8 also produce them and provide them to them? C)ASIC
6 grand jury documents.
9 A. They wanted me to produce them and t iv
10 it — give those documents to them.
11 Q. And do you know what the, o do with
12 those documents once they got t
13 A. They wanted top I h documents.
14 Q. Okay. And u h e possession, custody
15 or control of those r grand jury documents?
16 A. No. I~nefv r had possession, custody or
17 control oft z c documents.
18 A A , by control of those documents, do you
Aoe 19 can that you couldn't -- you have no power to release
2 m if you had them?
21 A. I have no power to release these documents.
22 I don't have them. I've never had them. They knew I've
23 never had them.
24 Q. But, in their complaint, didn't they allege
25 that you and your office are, quote, in possession of the
1 documents that are the subject of this action?
2 A. That's this whole case. It's whether I had
3 possession, custody or control of these documents.
4 That's why they sued me and my office. And I never had
5 possession, custody or control of these documents.
6 Q. Okay.
7 MR. WYLER: Your Honor, you can find that
8 on J9 of the amended complaint if you're Iooki
9 THE COURT: Thank you.
10 MR. WYLER: You can find it at
11 118.
12 BY MR. WYLER:
13 Q. Mr. Aronberg, are Np c\ mr with the
14 newspaper's allegation it plaint that you,
15 quote, have denied lm Beach Post and to the
16 public at large t gra jury materials sought to be
17 disclosed?
18
19 :id you ever deny the newspaper those
2 uested materials?
21 A. From the beginning, we informed the
22 newspaper that I've never had these documents. In our
23 motion to dismiss, we had two arguments. The first one,
24 the very first one was that we do not possess, have
25 custody or control of these documents. 1 In the second argument, we then make an 2 argument of law, because it's a motion to dismiss and we 3 have to argue as a matter of law and we couldn't rely on 4 the matter of fact that I didn't have the documents. So 5 they put us in a position to argue as a matter of law 6 that, even if we did have them, under the law we could 7 not provide them.
8 Q. Okay.
9 A. And, since then, they've been using that 10 a cudgel.
11 MR. WYLER: And, Your Ho n, I'll 12 direct you to J6 and J10. T e two 13 motions to dismiss that Snilloa at assertion.
14 THE COURT: d 10?
15 MR. WYL • Your Honor. And I'll read 16 that on the ecoorj J6, stamp 103, it says, 17 18 19 2 21 "It is inti Or erg is not in custody or control of the records sought and is, therefore, not a proper party to this action." 'cant to note that, despite allegations to the contrary, Defendant
22 23 24 25 And, in the second motion to dismiss, I'll read that to the Court as well. That's at J10, IMI stamp 222. "It is significant to emphasize that, despite plaintiff's allegations to the
9 the subject of this action."
11 Q. Mr. Aronberg, after these in\t c ,
1 contrary, Defendant Aronberg and the Office of the
2 State Attorney for the 15th Judicial Circuit are
3 not in custody or control of the records sought
4 herein, and, therefore, Defendant Aronberg is not
5 a proper party to this action. In fact, Defendant
6 Sharon R. Bock as clerk and comptroller of Palm
7 Beach County, Florida, admits that she is the
8 custodian in possession of the documents that
12 did you take any other steps to fu o the
13 newspaper and its lawyers t yo p ice lacks
14 possession, custody an the requested records?
15 A. Yes, and -cause, when the articles
16 came out that I v sq ehow stonewalling the Palm Beach
17 Post and try' iiiirto prevent public access to these
18 docu ts, I tarted to get calls and texts from people
19 I was doing that. I had a Facebook message
2 aid I should resign.
21 Peter Antonacci, my predecessor down in
22 Broward, reached out to me, wanted to know why I was
23 covering for the grand jury -- or, for Barry Krischer or
24 for others. And I told him I don't have the documents,
25 because that seemed to be lost in the articles written.
1 And so I took an extraordinary step. I
2 made a decision to create a Web portal and to release
3 every document that my office had relating to Jeffrey
4 Epstein and put it on the Internet, and that was -- and I
5 have just to refresh my recollection, the dates up here
6 -- that was January 30th.
7 Q. Okay, great. On January 30th, did -- I'm
8 going to show you joint Exhibit No. 12. Do you reco
9 this as the press release that your office released t
10 you were just explaining?
12 Q. And can you read it to t , please?
13 A. This is a press rel sS9 my office put
14 out when we establishe W portal, and it says
15 this: "Palm Beach ate Attorney Dave Aronberg
16 creates Web po ublic access to Jeffrey Epstein
17 records."
18 there's a statement from me: "In
{sup}`19`S then An Pt s o a large number of requests, my office is
2 411g online all the public records from the
21 nvestigation and prosecution of Jeffrey Epstein. These
22 records, which have all been released previously pursuant
23 to public records requests, can be accessed through the
24 following link," and it gives the link.
25 "The Jeffrey Epstein case occurred several
1 years and multiple state attorney administrations before
2 I became Palm Beach County State Attorney in 2013." I
3 was elected as -- As an aside, I was elected in 2012, but
4 I started in 2013. "As such, I have never seen or had
5 access to the Epstein grand jury transcripts as the state
6 attorney's office has never possessed them. As lawsuits
7 and investigations continue to move forward, I hope that 4S .,
8 Epstein's victims are able to achieve justice and dos
9 they deserve."
10 Q. Thank you. Now, in addition to •t p ss
11 release, did you make any other step Noy notify
12 plaintiff that you don't have the re were
13 seeking?
14 14 ( r A. In addition to ng that press
15 release and sendin Palm Beach Post and every
16 other media outllt in q database from around the
17 country, I a t that press release on my Twitter page
18 and, only' at, I pinned it so it would be the first
19 tOn y Twitter page.
2 I also put it out on my Facebook page, and,
2 s a result, it received national media coverage,
22 including coverage from the Sun-Sentinel, the competitor
23 to the Palm Beach Post. But, curiously, the one paper
24 that did not report on this Web portal, the one paper
25 that did not report on my releasing all the documents in 1 my possession was the Palm Beach Post.
2 To this day, they still have never
3 acknowledged that I posted every document onto my Web
4 page, onto my Twitter page, onto my Facebook page, onto
5 our Web portal. To this day, even though I've had that
6 tweet pinned to my page for months in the past, they have
7 never acknowledged that it existed.
8 Q. Thank you, Mr. Aronberg. I'm going to s gO
9 you our joint Exhibit No. 11. Do you recognize thi
10 the Twitter post that you were just referen
12 Q. And does it say the "Whin s the press
13 release?
14 A. Yes.
15 Q. Thank y
16 A. It alsoflooks like this could be from
17 Facebook ... ell.
18 . Okay. All right, are you aware and eic it
19 f l r e h the June 3rd motion to dismiss hearing and
2 Nements made on the record by Judge Marx, the ones I
21 ust read to the Court previously?
22 A. Yes.
23 Q. What did you think of those remarks?
24 MR. BIDEAU: Objection, Your Honor,
25 irrelevant what Mr. Aronberg thinks of remarks. 1 THE COURT: Sustained.
2 BY MR. WYLER:
3 Q. So following those remarks from Judge Marx,
4 do you believe that the newspaper knew or should have
5 known that you were not in possession, custody or control
410;41""c
6 of those records and that they should have dropped you
7 from the lawsuit even then?
8 MR. BIDEAU: Objection. Again, Your Ho rO
9 I don't know how Mr. Aronberg could know w th
10 newspaper knew or should have kno
11 THE COURT: So your obje
12 speculation. Sustained.
13 MR. WYLER: Oka
14 THE COURT: ou know, generally,
15 we have a ju let's keep objections
16 short. I'll em if I need to, or I'll ask
17 for m
18 M BIDEAU: Okay, Your Honor.
19 Cr YLER:
2 . Can you -- Mr. Aronberg, can you please
21 xplain to the Court how it is impossible for you to
22 provide these records?
23 A. Well, first, I never had these records, so
24 obviously it's impossible for me to provide them. I told
25 them that. They knew that. 1 2 3 4 5 6 7 8 Secondly, I have no custody or control over these documents. I've never had them. They know that, which is why they now are moving the goal posts to change this whole lawsuit, this whole action from custody, possession, control, into keeping me on the sidelines so I don't object to the clerk's ability to release the documents. So it's a new -- it's a new ball game now apparently. 0
9 10 11 But the newspaper obviously knew that I never had these documents, that I never h dy or control over them because I repeated
12 13 14 Q. All right. And then so I wi Judge Marx's order that I just referee. une 3rd, what action did you then dire r,I .eto e?
15 16 17 18 A. Well, aft arx's order and I was dismissed from e o t e two counts, I asked you to seek sanctions, 16 \ 1,4,0, to start the ball rolling, 57.105, so to send letter hat gives the 21-day notice.
19 2 That's correct. And let me show you a copy letter.
21 MR. WYLER: Your Honor, if you see our J14,
22 23 24 25 it's a copy of the 57.105 demand letter and the email to Mr. Mendelsohn that accompanied it, and just for a point of clarification, there is the motion for attorneys' fees at the end, but that
1 2 3 was not filed on June 8th. Pursuant to the statute, you have to wait at least 21 days, and as you'll see later, that was followed.
4 THE COURT: The way this is -- I assume
5 this was attached to the letter?
6 MR. WYLER: It is, Your Honor. It's at
7 stamp 235, yes, Your Honor.
8 BY MR. WYLER:
9 Q. 10 copy of the email to Mr. Mendelsohn and the 1; .7.105 11 demand that we issued to the plaintiff? ''<,) Do you recognize that, Mr. Aronberg, as(..)
13 Q. And, in that letter i)Itt'Sgert 4 our
12 A. Yes.
14 position that their dema produce the 2006 grand jury 15 records, that there sis in fact or law?
16 A. Corre
17 Q. G ou know if the newspaper dropped you 18 from e law it within the 21-day safe-harbor provision 19 ' e y statute 57.105?
2 A. They did not.
21 Q. But they eventually did drop you?
22 A. A long time later, they did finally drop
23 me.
24 Q. Okay, but, before they dropped you, did we
25 not file a motion for summary judgment?
1 A. Correct.
2 Q. And did that include an accompanying
3 affidavit from you?
4 A. Correct.
5 Q. Let me show you a copy of that affidavit.
4104""c
6 That's at J18. Do you recognize this as a copy of your
7 affidavit?
9 Q. Will you please read it aloud for the
10 Court?
11 A. The entire page?
12 Q. Yep. \
13 A. "My name is Davi S8\$1. ronberg, and I'm
14 thii .e the State Attorney for th J icial Circuit, Palm
15 Beach Count y, Flo ' in the 2013 and a defendant
16 above-captione Plaintiff is seeking declaratory
17 relief pursuI if,,lorida , Statute 905.21(1)(c) and the
18 Cou Nher 'n t t authority allowing plaintiff access to
19 ti ny, minutes and other evidence presented in
2nd to the Palm Beach County grand jury, the requested
21 aterials, and to use those materials for the purpose of
22 informing the public."
23 "Despite plaintiffs above-described action
24 for declaratory relief, neither myself nor the Office of
25 the State Attorney for the 15th Judicial Circuit (SAO) is
1 in control, custody or possession of the required" --
2 excuse me -- " of the requested materials."
3 "As such, the declaratory relief sought by
4 the plaintiff seeks materials that are impossible for me
5 or my office to produce. To be clear, neither myself nor
6 the SAO has the legal authority to obtain and deliver the
7 requested materials. I've repeatedly made these facts
8 evident to the plaintiff and the public through not onl O
9 the pleadings and correspondence in this matter, b al
10 through an office press release and my pu al
11 media accounts."
12 "Despite the contention f%ttiff,
13 neither myself nor the SAO g &h it dthority to demand
14 that the clerk grant the a s to grand jury
15 materials after a cri e has concluded. Moreover,
16 during my admi trati , neither myself nor my office
17 has accessl tji randjury materials from the clerk's
18 offs • this dr any other instance."
19 e c") As provided in Section 905.17(1) Florida
2 es, the clerk has sole authority and possession of
21 he requested materials, which can only be released by
22 the clerk pursuant to an order of the Court."
23 Q. Thank you. Do you know of any other
24 substantive action regarding plaintiffs claim for
25 declaratory relief after you filed your motion for
1 summary judgment?
2 A. After we filed the motion for summary
3 judgment, we included the affidavit, and then there was a
4 -- at some point I was dismissed, and then there was an
5 amended motion after that.
6 Q. That's correct. And I'm going to show you
7 J23. Do you recognize this as a copy of the notice where
8 you were dropped as a party from the lawsuit?
9 A. Correct. C....)
10 Q. What date is that? It's on the to
11 very, very top.
12 A. This was October 21st .
13 Q. Thank you. And, )144,u ere dismissed,
14 are you aware -- yeah, ou ere dismissed, are you
15 aware that the Cou Ily granted the clerk summary
16 judgment in thei av summary judgment in favor of
17 the clerk? \.... 7.,,,
18 . Yes.
19 . Okay. Just a couple more questions for
2 .
21 There's been some references to maybe the
22 newspaper not just suing you just to get these records
23 for public disclosure. Even Judge Marx said that she
24 thought that there was something else going on. What do
25 you think is the underlying reason here for this lawsuit?
1 MR. BIDEAU: Objection, Your Honor,
2 irrelevant as to what the reason is.
3 MR. WYLER: It goes to good faith, Your
4 Honor.
5 THE COURT: All right, overruled.
6 A. Look, it was clear to me from the beginning
7 that this whole lawsuit was a twofer for the Palm Beach
8 Post. Number one, they were able to try to overcom
9 fact that the Miami Herald, a newspaper 90 miles
10 scooped them on the Jeffrey Epstein story,
11 wanted to catch up and be the hero of
12 narrative. And so they made the Se e he center of
13 this whole thing by suing to t illf. ranscripts.
14 And, number the n do it on the back
15 of someone they h e dislike for, and it's no
16 secret in this corlmuni that the Palm Beach Post and I
17 have had n rous battles over the years, usually
18 onew re the Palm Beach Post has, for the past
19 rs as attacked me, written many misleading
2 ' s, which stems from a personal vendetta from a
21 eader of the Palm Beach Post, Randy , and me.
22 And then, after he was removed from his position, his
23 acolytes believed that I had something to do with it, and
24 they -- the attacks continued.
25 I mean, they continue even today where
1 there's a front page article about some exaggerated -- a
2 misleading front-page article about a criminal defendant
3 in Broward who is making claims and trying to get my
4 ex-wife's deposition. And the Palm Beach Post, instead
5 of writing the facts about it, sued to get the ex-wife's
6 deposition released.
7 I mean, for years, this has been an ongoing
8 issue between the Palm Beach Post and me, and it's
9 secret. For example, when they hired a reporter
10 my office, who my office, prior to my being
11 prosecuted for crack cocaine. So I w maybe at
12 some point they could find a repo er our office
13 who our office did not prose ?4ce , ck cocaine. So
14 this has been an ongoi 'ng.
15 So this w r stems from two things:
16 The Palm Beac ing to get the Jeffrey Epstein
17 story back, 'i loirnewspapers and to go after me, and
18 they' ble l t do it. And that's why I insisted that we
19 2 ' Itse t the taxpayers some of their money back
se they had to fight and pay for your legal fees to
21 ght a lawsuit that was, in my mind, frivolous from the
22 beginning because this newspaper knew I never had these
23 documents, I never had control or custody. And it's very
24 telling that now they're trying to move the goal posts
25 and make this about something entirely different.
1 BY MR. WYLER:
2 Q. Let's talk about that, moving the goal
3 posts. We talked earlier about the wording in the
4 complaint against you. Do you recall the statements were
5 that you somehow denied the Palm Beach Post and the
6 citizens of Palm Beach County the grand jury records they A,..\
7 were requesting? Do you recall that? ( SS
9 Q. And now it appears that we're hearing aC.)
10 whole new argument from plaintiff today; is rrect?
12 Q. And that argument, co I'm wrong,
13 is that they were fine once y u didn't object to
14 the records being relea nd 1 ....e at, for that reason,
i,s.`i. - urate? 15 they dropped you;
16 A. Correa. l '
17 IDEAU: Objection, Your Honor, 18 i ding T
19 HE COURT: Sustained. Qi
2 . WYLER:
2 Q. Can you please explain your -- your
22 perception of how they moved the goal posts?
23 A. Look, I mean, this lawsuit from the
24 beginning was about whether I had possession, custody,
25 control of the Jeffrey Epstein grand jury transcripts.
1 That's a series of articles they wrote about this. They
2 wrote a long series of articles attacking me for trying
3 to obstruct. Those articles were misleading.
4 The fact that we're here today and now it's
5 not about that, it's about keeping me on the sidelines so
6 I didn't have -- that I didn't object to the clerk's
7 production of these documents is something that I haven't
8 heard before, and I think is so misleading because t
9 whole thing was about the grand jury transcripts. I
10 not about trying to prevent me from saying ing to
11 the clerk.
12 It was clear from the be ' never had
13 these documents. Judge M t clear on the record,
14 and that's why we purs sanctions.
15 Q. Thank y n't it -- isn't there a
16 big difference b jecting to the release or
17 intervening ' ire release and actually being able to
18 relea the t r ords?
19 . They sued me to get the records. They
21 sue me to prevent me from speaking up.
21 Q. There's nowhere in the complaint that says
22 that they're suing to you keep you from objecting to the
23 release?
24 A. Not only is there nothing in the complaint,
25 there's nothing in all the articles they wrote. They
1 2 3 4 5 6 7 8 wouldn't tell the clerk to do something. 0 wanted this thing to continue, to continue to write articles. It would have been embarrassing for them to admit that they filed a frivolous lawsuit and then they had to dismiss me. So they continued these articles way past the 21-day period, and now, when they got called on it, they're trying to change the whole case into something about how they needed me to stay silent so I 4
9 I mean, this thing was about production, 10 custody and control of grand jury docume I just 11 don't believe the Palm Beach Post s ale to 12 change it after the fact.
13 Q. So do you believ e e an agenda 14 against you and were i 'ona y targeting you when 15 they filed this laws
16 A. They alyuffys had an agenda against me. 17 18 ft i,r, BIDEAU: Objection, Your Honor, leva e.
219 ° HE COURT: I think you have already covered it. So I'm going to sustain the 2 objection. That's fine.
22 BY MR. WYLER:
23 Q. Have your friends and family been impacted 24 by the plaintiffs agenda-driven reporting?
25 MR. BIDEAU: Again, Judge, objection,
S"
1 relevance.
2 THE COURT: Sustained as to relevance.
3 MR. WYLER: Thank you.
5 Q. Do you believe that plaintiffs
6 relationship with you prevented them from accepting the
so, 7 ultimate fact that you have no legal right to possession, A9
8 custody or control of the release of the requested gr
9 jury records?
10 MR. BIDEAU: Objection, cumu dge.
11 I think we've been over this. He same
12 question before.
13 THE COURT: We' d this.
14 MR. VVYLER: fud r questions.
15 THE CO T. ss examination.
,---"' 16 MR. ByEA . Thank you, Judge.
17 '----,,13 EXAMINATION
18 BY BIDEAU:
19 Good afternoon, Mr. Aronberg.
2 A. Hi.
21 Q. You said a couple minutes ago to your
22 lawyer that you filed this motion to get the taxpayers
23 back some of their money, right?
24 A. Uh-huh.
25 Q. That's what you said? The taxpayers are
1 not out any money, are they?
2 A. It is a contingency-fee basis.
3 Q. Right, and so the answer to question is:
4 The taxpayers are not out any money, are they? You don't
5 owe your counsel a nickel today, right?
6 A. I think that's fair to say.
7 Q. You haven't paid your counsel a nickel 4I1
8 today, right? C)
9 A. We have not.
C ) .'
10 Q. And the only way that your cou any
11 money is if he wins this 57.105 motio
12 A. That's a good point.
13 Q. So under no cir SAS1p re the taxpayers
14 out any money, correct?
15 A. Yeah, I You're right.
16 Q. Okay So, en you testified a few minutes
17 ago that yo (rr5,d this motion in order to get the
18 taxp rs bItheir money, that was wrong, right?
19 . Look, the fact that our office --
2 Q. Is that right, or wrong?
2 A. Look, I have to dispute with you on that
22 one. Look, look, the fact that our office has spent
23 months having to deal with this frivolous lawsuit, that's
24 taxpayer money. And, yes, so perhaps I misspoke when I
25 said that because the money wouldn't go directly to him
2 3 4 5 1 unless we got something today. But it's clear the taxpayers are out money when you divert my attention from real business to focus on your frivolous lawsuit that has been filed for nothing more than to sell newspapers and make a profit for your client.
6 Q. So the only person involved in this lawsuit
7 -- I haven't seen you — Have you testified in any
8 hearings in this case?
9 A. No.
10 Q. Have you been deposed in this
11 A. No.
12 Q. Okay. So the only thi \done in
13 this case presumably is chat awyer, correct?
14 A. Are you sayir r o e has done nothing,
15 has not been distracted abdut this case?
16 Q. I'm talking about you, Mr. Aronberg.
17 A. q lifir 'ye , spent plenty of time about this
18 caseekthavtpent way more time than I ever should have
19 in a case that I had nothing to do with.
2 ii.-Q. Mr. Aronberg, you said that this idea that
21 Well, let me back up for a second.
22 You said that you thought the Palm Beach
23 Post brought this case for two reasons: One, they
24 brought this case because they don't like you and they
25 wanted to embarrass you somehow, and they brought this
1 case because they've been scooped by the Miami Herald, I
2 think you said, right?
4 Q. On the Epstein matter. I mean, you agree
5 that an investigation into the Epstein matter and what
6 your predecessors did in the Epstein matter is a
7 legitimate matter of public interest, right?
8 A. The investigation of Jeffrey Epstein?
9 Absolutely.
10 Q. Absolutely. And the -- And the
11 investigation of what your office by yo SSOr --
12 By the way, nobody has ever sug r. Aronberg, in
13 any of the pleadings filed in
14 personally were involve atgver happened with
15 Mr. Epstein. That complaint, right?
16 There's no refer ou personally having been
17 involved. I the complaint makes it very clear
18 that was our predecessor who was involved, correct,
19
2 AL Correct.
21 Q. Now, so the pleadings we drafted didn't --
22 didn't accuse you of having done anything wrong with
23 respect to Mr. Epstein or the plea deal that got cut or
24 whatever happened with the feds, correct? We acknowledge
25 you weren't around in the pleadings that we filed in this
1 case, right?
2 A. You acknowledged that I had nothing to do
3 with the stuff in the past, but you are accusing me of
4 hiding grand jury transcripts that I've never possessed.
5 Q. There's nothing in the pleading that said
6 you hid grand jury transcripts, correct? The request --
7 The lawsuit for declaratory relief was to declare that
8 you either turn over what you had, correct?
9 A. Then you don't read your own newspa
10 Q. I'm talking about the pleadings t
11 filed in this case. I understand that yo cerned
12 about the press side of this. I'm about the
13 legal side, okay?
14 A. The legal sd Sm to get grand jury
15 transcripts, and the e accused me of hiding
16 them.
C.) 17 Q. , so, we can agree that the legal side,
18 the e' here on in this case today, is about
19 nd jury testimony, correct, getting grand jury
2 ripts?
21 A. Possession, custody and control, correct.
22 Q. Incidentally, when my firm first got
23 involved -- Do you have the exhibit binder in front of
24 you?
25 A. I do not.
1 MR. BIDEAU: Okay. Can we get an extra
2 copy of it?
3 MS. WHETSTONE: We can pull it up on the
4 screen.
5 MR. BIDEAU: Exhibit 1.
6 THE COURT: I'm sorry, what number?
7 MR. BIDEAU: Exhibit 1, Your Honor. 4,4014188\ 1
8 MS. WHETSTONE: Your Honor, may I ap e
9 with the exhibit binder?
12 Q. Mr. Aronberg, it might '' i tt 'Cquicker
10 THE COURT: Yes.
13 if I just hand you the binder, acy a , at way you don't
have to turn around an at I T
15 A. Okay, whoxhf is it?
16 Q. Exhi
18 . 6hibit 1 is an August 27, 2019, letter
19 toffttr.r. endelsohn to you, correct?
2 A. Correct.
2 Q. And this was a request for -- Now, prior to
22 this, your office had received a number of public records
23 requests from the Palm Beach Post, correct?
24 A. About -- About this?
25 Q. About the Jeffrey Epstein matter. All my
1 questions are about the Jeffrey Epstein matter.
2 A. Okay, yes.
3 Q. Okay, and this was the first letter you
4 received from my office, correct? From Mr. Mendelsohn
5 about the Jeffrey Epstein matter, right?
6 A. I don't know if this is the first letter.
7 If you say it, I assume that's true.
8 Q. And, in this letter, Mr. Mendelsohn
9 requests a number of documents and records with
10 to the grand jury matter concerning Mr. Ep rrect?
11 A. I'd have to read it, but, yes
12 your --
13 Q. By the way, your r actually
14 responded to this partic , did it?
15 A. I don't
16 Q. And, fter this letter, if you
17 look at tab c hich is the very last tab -- and I 4 i
18 apol e, th der is so big, it's hard to move bin t
19 Cd his letter is dated of August of 2019.
2 THE COURT: What exhibit?
2 MR. BIDEAU: Exhibit 37, Your Honor.
MS. WHETSTONE: It's also on the screen if 22
that's easier. 23
THE WITNESS: Maybe I can look at the 24
screen. 25
1 MR. BIDEAU: You can look there, okay.
2 THE COURT: I'm going to slow you down a
3 little bit. I can't see the writing on the screen
4 from that far, so I'm going to flip to 37.
5 MR. BIDEAU: And, I apologize, I hate these
6 big binders.
7 THE COURT: It's okay. I just want to see
8 what you're talking about as you're talking about...,)
9 it.
10 You're right, they're not easy to n
11 All right, please continue.
12 BY MR. BIDEAU:
13 Q. Exhibit 37 is an O e , 2019, letter
14 and that's from Mike G another lawyer in my
15 office, to your office i ollowing up on
16 Mr. Mendelsohn' Oct er (sic) 27th letter, okay, and his
17 September s letter. Do you see that?
{sup}`18`A Ye .
19 ' N Okay. And up to that point in time, we had
2 t received responses to our letters, correct? Do
21 ou know?
22 A. I don't know.
23 Q. Okay. And then -- And then after that,
24 sir, it was on January -- it was on -- it was in 2019,
25 shortly after that, November of 2019 that we filed the
1 first lawsuit against you, correct?
2 A. Correct.
3 Q. So, after having sent your office two
4 letters, you don't know if we ever got responses to those
5 letters, we went and filed a lawsuit, and in that lawsuit
6 we named you in your official capacity, correct, not a
7 personal capacity?
8 A. Correct.
9 Q. And whenever you sue the state attom
10 office, and your office gets sued for things
11 time, it doesn't have anything to do wi nally,
12 right?
13 A. Correct.
14 Q. You sue — Y ue a entity like the state
15 attorney's office in e state attorney who is
16 in his official capbcitv,i rrect?
18 c t; ft[ou talked about your original motion
19 t , J6, so let's take a look at J6, if you want
2 at Exhibit 6 in the binder, or can you look at it
21 p there. I don't really care.
22 A. Okay.
23 Q. Let's look at the second page. On the
24 second page, you --
25 MR. BIDEAU: Could you highlight, Gerard, 1 where it starts with, Plaintiff has
2 improperly..." Down at the bottom, last
3 paragraph.
4 BY MR. BIDEAU:
5 Q. You see you indicate -- your lawyer
6 responded by saying, "Plaintiff," that would be the Palm
7 Beach Post, "is improperly seeking requested 2006 grand
8 jury materials for the purpose of public disclosure
9 pursuant to the Court's inherent authority and
10 supervisory powers over the grand jury."
11 that?
12 A. Yes. 4
13 Q. So at least at tha n , were
14 objecting saying the Po oul t get these, they're
15 not entitled to them ey can't -- because they
16 want to give the the public, right? And that's
17 what the s p4,e says.
18 A S
19 ' N Is that what it says?
2 O A. Q Look, you are -- this is exactly the
21 roblem, what you guys did. You filed a lawsuit against
22 us, and the first defense that we had was that we didn't
23 have the documents, but because, as you know, in a motion
24 to dismiss you have to argue as a matter of law. So the
25 only way we could dismiss this frivolous lawsuit is to
1 2 3 4 5 6 7 8 9 argue as a matter of law. And this -- this was the legal position that says, by the way, under the law you're not entitled to these documents. And then you -- then your client then wrote all these articles saying, see, he's trying to block us, he's trying to obstruct us, without mentioning the number one defense, which was he doesn't have the documents. That could have gone a long way. That could have shown maybe some good faith if yo have done that.
10 11 12 13 14 15 16 Q. Mr. Aronberg, in connection wit e time of the motion to dismiss, you had 9, your office had done no indicatio y didn't have the documents, did you, up t 4? tin time? Up to this point in time. And t on -- this is only late 2019. You had n answer. You hadn't filed (-'` any motion.
17 A. In our motion to dismiss.
18 19 prior lett , and the first pleadings you filed 2 dicated that your objection was that we were improperly 21 eeking these materials under the Court's inherent 22 authority and supervisory powers over the grand jury for 23 public disclosure. That was the official position filed 24 by your lawyer, and I understand, you were taking a legal 25 position to dismiss the lawsuit. c . tsYou hadn't responded to any of our three
1 A. Correct, but also I do want to challenge 2 one part of that. When you say that we -- we were silent 3 over and over again about responding to your public 4 records requests, I have spoken to -- I've spoken to the 5 public records person in my office who believes that she 6 did say that we didn't have the documents to everyone who ...4",.. , 7 has requested them.
8 MR. BIDEAU: Your Honor, I'd move to st • 9 as hearsay.
10 THE COURT: Sustained.
12 Q. And, after you filed thi ' 'ottrt e Palm 13 Beach Post filed an amendep S r t, correct, and, in 14 that amended complain Po asserted two causes of 15 action, right? One 1ffiutory claim, and one was a 16 declaratory judg~en under the First Amendment and 17 the Court's • rent authority, correct?
c
{sup}`18`A C ect.
19 ' N And the motion to dismiss and the arguments 2 Q ' t of Judge Marx all went to the statutory claim, 21 of to the second claim, the declaratory judgment claim, 22 correct?
23 A. The Marx hearing was about Count 2.
24 Q. Count 2, the statutory claim, correct?
25 A. Correct.
1 Q. And, so, when we look at -- I've got the 2 complaint here because I want to read it. The first 3 amended complaint, which is J9, and if you take a look at 4 J9 --
5 THE COURT: Let me stop you for one second.
6 So I'm flipping through these, but, like, for 7 example, right there, I can't — I can't see that.
8 MR. BIDEAU: Right, I know. c)
9 THE COURT: But I saw that you were a to 10 blow up a portion of —
12 THE COURT: -- and l' -:\tit g 'C) ask him to 13 do that, that way I don
11 MR. BIDEAU: He is.
14 MR. BIDEAU: to ask him to blow 15 it up so you
16 THE UR :'Thank you very much. I 17 appre . 10.
18 BY XBID'6,AU:
19 s \ 7' So let's take a look here at Count 1 for 2 atory relief.
0 1 21 MR. BIDEAU: Gerard, it's on page 19.
22 Okay, just blow up the Count 1 for declaratory 23 relief, please, that section.
24 BY MR. BIDEAU:
25 Q. Then, with respect to paragraph 7, do you
1 see that one of the allegations is that the Post
2 respectfully requests the Court declare that, pursuant to
3 Florida Statute 905.27(1), it is entitled to access to
4 the testimony, minutes and other evidence presented in
5 2019 - 2006 to the grand jury because such disclosure
6 and access would be in furtherance of justice, and then
7 it cites to 905.27(1)06 (sic), correct?
9 Q. And it says, because the Post is not
10 seeking these materials in connection with it or
11 criminal case, it seeks a declaration — ords,
12 it asks the Court, hey, construe ra ph, construe
13 the statute to allow us to giv to the public
14 because we recognize 's a interest of justice
15 provision in that sta ct?
16 A. Well, is w it says it is.
17 Q. O And that's what it says, right, in
18 furtherance of justice? That's what the request was?
19 (v. Again, it is what it is.
2 6.-Q. Okay. And then paragraph 71, the Post
21 eeks a further declaration that disclosure of the
22 testimony, minutes and other evidence presented to the
23 grand jury is appropriate pursuant to the Court's
24 inherent authority over grand jury proceedings because of
25 the exceptional public interest in this case and 1 compelling circumstances supporting transparency. Do you
2 see that?
4 Q. Okay, and, with respect to paragraph 71, do
5 you know what the answer was --
6 A. No --
7 Q. -- that you filed?
8 A. -- not offhand.
9 MR. BIDEAU: Okay. Can we pull up thsC
10 answer to 71? That's J2, page 10, 7
12 '' Q. As to 71, you admit tha iijsZk
13 declaration, but you deny th r of paragraph 71
14 So, in fact, although we were asRCng in 71 that the Court
15 uses its inherent authority over grand jury proceedings,
16 because of the exceptional interest in this case and compelling • :wr mstances, that the Court declare that
17
18 we'r low7 o use this testimony, your answer was,
19 a your declaration, but we deny paragraph 71.
2' • •u asked the Court to deny that relief?
21 A. It is what it is.
22 MR. BIDEAU: Okay. And then we'll go to
23 paragraph 72. I think you have a slide on that,
24 72.
25
4•A'
6 filed motions to dismiss the complaint and the reliefs
7 sought under 50 -- 905.27(1). Accordingly, a good faith
8 dispute exists between the parties. Do you see that? O
10 Q. And you see in that case your o
11 admitted that, your lawyers admitted t dCl t, e
12 \ e een the admitting there was a good faith
13 is had refused to parties and admitting that th
14 inutes and evidence provide access to the to It ...,ny,
15 presented, right? Ij ation, you all just admit
16 that.
17 A. Arir1, it is what it is.
18 S . itztNow, you said that this argument that
19 . tone made during her opening statement, that the
1 BY MR. BIDEAU:
2 Q. And, in 72, we say, the Post has sought
3 from defendants, but defendants have refused to provide,
4 access to the testimony, minutes and evidence presented
5 in 2006 to the grand jury. Indeed, defendants have each
2t7 at you wouldn't object to disclosure, was
21 omething new, that just popped up at this hearing, that
22 -- I think your phrase was, "you moved the goal posts,"
23 right --
25 Q. -- at this hearing? But that's not true
1 either, right, because that issue had been raised with
2 you all the way back in June of 2020, right?
3 A. Are you saying this lawsuit was about that?
4 Is that what you're saying, or are you saying that it was
5 about possession?
6 Q. The issue — The issue of your position
7 with respect to whether you would agree with -- I'm sorry
8 -- whether you would object to the request to have th
9 records released was an issue that had been raise
10 Mr. Mendelsohn back in June of 2020, CAR
11 A. Can you restate the questi
12 Q. Sure. Let me -- Let m it a
13 little more articulately beca (s tha s pretty
14 terrible. Let me get the r outto make it easier
15 for all of us. J16, p
16 You'v ee this letter, right, Exhibit 16?
17 A. Pil igiwy of sure if I've seen this one.
18 4i . t 0 ay, well, did you know that, when your
19 I tr lirr d his 57.105 motion back in early June and
2Q fad that two-page letter that he served it with,
21 'ght, and he laid out, we don't have the records, right?
22 A. Correct.
23 Q. Which is the basis for your 57.105 --
24 A. Yeah, correct.
25 Q. -- we don't have it, leave me alone.
1 A. Well...
2 Q. Basically.
3 A. Yeah, no possession, custody or control.
4 Q. Okay, no possession, custody or control.
5 Mr. Mendelsohn, a couple weeks later, wrote
6 a letter back, right? Do you remember seeing that?
7 A. This is the letter you're referring to?
8 Q. That's the letter, and it's under tab 16 in O
9 the binder.
10 A. Again, I don't remember seeing t
11 Q. Can you flip to the second
12 A. This letter was written \jomey —
13 Q. To your attorney, • t
14 A. -- back in June" 202 .
15 Q. June 23
16 A. No, I ember reading this letter.
17 Q. , well, let me see if I can help you
18 out W uld you go to the middle of that paragraph
19 C lit ys, "The state attorney was named..." Can you
2 above that, where it says, "The state attorney was
21 amed as a party, not simply" -- Do you see it? Okay.
22 Do you see Mr. Mendelsohn writes back, he
23 says, "Assuming the state attorney does not currently
24 have physical possession of the Epstein grand jury
25 materials" -- I mean, by the way, the Office of State : o7C
(..)
1 Attorney at some point would have had possession of the
2 materials that were going to be presented to the grand
3 jury, right? I mean, the office presented this stuff to
4 the grand jury. You would have had possession.
5 A. If you're talking about the transcripts,
{sup}`7`4O4 Alik' Q. No, but I'm talking about the other
6 no.
8 materials, the investigative materials, the exhibits, th O
9 minutes, the other things like that.
10 A. The minutes? )
11 Q. Your office would have haktO
12 A. The minutes? I don't AD. I guess
13 it depends. I don't know ho it back in Barry
14 Krischer's administratio t th\ endocuments that you
15 asked for, I've nev that's the only question I
16 had.
C.) 17 Q. hold on. You mean the transcripts,
18 beca in t complaint, we actually ask for more than
19 rip
2 A. Right, but those are documents I've never
21 ad, and that's the whole thing.
22 Q. You personally never had them, but --
23 A. Right.
24 Q. -- you agree with me, the Office of State
25 Attorney would have, during the course of the
1 investigation, would have had those materials, it had to?
2 A. Again, I don't know what Barry Krischer's
3 administration had back then.
4 Q. Well, when you got the public records
5 request, did you have somebody go back and look and see
6 what they had?
7 A. Well, obviously, when we got public records
8 requests, we try to fulfill all of them. P
9 Q. Right, and you don't know personally C
10 sitting here today what was done to respo
11 Mr. Mendelsohn or Mr. Grygiel, my p I ers
12 asking for materials from back du arry Krischer
13 days, correct? Because the Aso no response to those
14 letters even to today.
15 MR. WY ction, Your Honor, those
16 letters and the Chapter 119 request have nothing
17 do wit s lawsuit. They're not referenced in
18 la it. They have no bearing on the
19 ested relief that plaintiff is requesting
2 ere.
21 THE COURT: Overruled.
22 BY MR. BIDEAU:
23 Q. And so --
24 THE COURT: Can you repeat the question?
25 MR. BIDEAU: Sure, I'll repeat the
1 question.
2 BY MR. BIDEAU:
3 Q. You don't know what anybody in your office
4 did to respond to Mr. Mendelsohn or Mr. Grygiel's
5 letters, Exhibit 1 and Exhibit 37, correct? You don't
6 personally know?
7 A. It is my understanding, based on
8 conversations I had with the office, that every public l )O
p 9 records request has been responded to and that le
10 were told, who requested Jeffrey Epstein
11 transcripts, that we did not have them
12 Q. Mr. Mendelsohn and cJleI, in those
13 letters, request a lot more th scripts, right?
14 They wanted evidence. y w ted exhibits. They wanted
15 that sort of material tec . That was Exhibit 1 and
16 37, we looked a
17 A. I say "transcripts," I mean records, I
18 mead rd , that anything we had, we put then out on
19 that your client refused to acknowledge.
2 Q. Well, the portal was things you'd already
21 roduced. That's what -- Your press release says this is
22 all the stuff we've already given out, right? That's
23 already been in the public, right?
24 A. Yeah.
25 Q. Okay, well, but you understand, we were
1 asking for stuff that you hadn't yet given out, and, as
2 best you know, you don't have any personal knowledge as
3 to whether or not — what happened to those requests, to
4 Mr. Mendelsohn's request or Mr. Grygiel's request, right?
5 You personally don't know?
6 A. Well, again, you objected because of
7 hearsay before, but, in speaking to an individual who
8 does public records in my office, I've been told that
9 that person had said whether or not we've had tho
10 documents, and so I believe that everyone .uested
11 documents were told truthfully whethe \ n ose
12 documents or not. And we can u c ents in a broad --
13 in a broad way.
14 Q. In a broad sej ( Sh. .,ig
15 A. Correct.
16 Q. But y have copies of any responses
17 or that went k to Mr. Mendelsohn or Mr. Grygiel in my
18 offi c..c,en t y requested documents, correct?
19 A. I would think that Mr. Wyler would have
2 hing that we produced.
21 Q. Okay. Now, Mr. Mendelsohn, back in June
22 of 2020, in response to your first 57.105 letter, he
23 says, The state attorney was named as a party, not simply
24 as custodian of the grand jury -- the grand jury records.
25 The state attorney was named in his official capacity as 1 his office has, quote, as his primary interest,
2 protection of its grand jury system, and he cites to a
3 11th Circuit decision. Do you see that?
4 A. Yes.
5 Q. Okay. And, in that case, the U.S. petition
6 -- he goes on to explain it. He goes on to explain that
7 the Broward County State Attorney was involved in this
8 case, and so Mr. Mendelsohn was indicating to you ci .)
9 case where you were named not only whether you d
10 custody; you were named in that case basic use
11 you're in charge of the grand jury pr ad the
12 right to object if the clerk wanted those
13 records or not.
14 A. Where does jWa .
15 Q. It's in the(%ase indicates that,
16 when one seeks ran ry materials, the relevant state
17 attorney is t:k.rcessary , party in order to protect the
18 gran ry sy tern, and the Office of State Attorney
it to make arguments if needed against release
2 grand jury materials. Do you see that?
22 Q. So Mr. Mendelsohn was telling you, as
23 opposed to what you said a few minutes ago in here, that
24 the first time you saw these goal posts being moved,
25 Mr. Mendelsohn -- was today when Ms. Whetstone testified
1 2 3 4 5 6 7 -- I mean, when Ms. Whetstone talked. In fact, all the way back to when the very first 57.105 motion was filed, Mr. Mendelsohn told you that one of the reasons that the Post sued you in this case was in order to address the situation that you had the right, if you thought it was appropriate, to object to the release of materials. Do you see that?
8 A. Was that in the complaint?
9 Q. I'm asking about the -- I'm asking about
10 the --
11 A. Well, the letter you wrote a I
12 after the complaint, the letter you' g me here
13 that was sent to Mr. Wyler is a ys it is.
14 Q. Correct. -0---,
15 A. That's on not in the complaint, right?
16 Q. But y told me that this idea of moving
17 the goal po it,,,that p, the Post was suddenly making that
18 argu t, yo told everybody in this courtroom a few
19 o that just happened today, I mean, they're
2 oving the goal posts on me. Well, if the goal
21 sts are being moved, that was back on June 23rd of
22 2020, and you remember seeing this, right?
23 A. Again, I don't remember seeing this letter,
24 but, again, this was not part of the complaint. This is
25 an after-the-fact letter from Mr. Mendelsohn to my 1 lawyer.
2 Q. Correct, and so --
3 A. Okay.
4 Q. -- you -- neither you nor your lawyer ever
5 responded to this letter, right?
6 A. Well, you'll have to talk to my lawyer
7 about that. Obviously I don't personally respond to
8 letters written to my lawyer.
9 Q. Correct. But you told us you're familiar C
10 with the pleadings, but you're not familiar wi
11 particular letter?
12 A. Again, I don't rememb -this letter.
13 Q. Now, Mr. Mendel Nilf es in the last
14 sentence, These are so if th same reasons why the
15 state attorney was i his case. Do you see that?
16 Very last sentenof t paragraph.
17 A. Y54,
18 S ib/A BIDEAU: Can we take a look at
19 it 21? Do you have Exhibit 21 up? O
22 Can you -- Can you blow up the part that's
21 highlighted, please, and I'll read it?
22 BY MR. BIDEAU:
23 Q. Now, Exhibit 21 is Defendant David
24 Aronberg's response to plaintiffs memorandum in
25 opposition to the 57.105 motion, the original one filed
1 back in June of 2020. And do you see in paragraph -- in
2 the first paragraph, you indicate, quote, Nonetheless,
3 the state attorney has no objection and never had any
4 objection to the Court releasing the records sought by
5 plaintiff as to the disclosure of the requested materials
6 sought herein lies within the province of the clerk
7 pursuant to the order of the Court. Do you see that?
8 A. Yes. C .)4 .'
9 Q. And this is the first time in any pleading C.)
10 -- Strike that.
11 First of all, obviously you kn
12 an issue back in October of 202 aZ4that the Post
13 was arguing that one reason c , ed to be in this case
14 was because you had t ht t object, because you
15 address that issue i of 2020, correct?
16 A. Here. L
17 Q. It" kright, as of October 2020. So that
18 argu t ha been raised not for the first time today,
19 2020, right, Mr. Aronson?
2 A. Aronberg.
21 Q. Aronberg. I'm sorry.
22 A. This is what it says it is.
23 And, again, I felt that this sentence was
24 consistent with what our position always has been
25 because, when we were forced to do the motion to dismiss,
1 we were forced, because of a matter of law, to make the
2 legal argument as a legal matter that the Post is not
3 entitled to this, but as far as my belief of whether I
4 care whether these grand jury documents are released,
5 I've never cared one way or the other, but, because of
6 this, in my view, bad faith lawsuit, you forced us to do
7 a motion to dismiss that told you we don't have this
8 stuff, and, secondly, we had to do a response as a tO
9 of law.
10 Q. Okay, now let me get back to m
11 My question was: You told the Court 4 ay that
12 this moving the goal posts, this id ou had the
13 right to object and we wante sure you weren't
14 going to object was so g tlTat came up for the first
15 time today, and tha ' e, was it? That issue
16 came up back in une 2020 at the -- at the latest when
17 Mr. Mendel> i put it in his letter, and you saw it
18 nece ry to ddress it in October of 2020, right?
19 . So the letter that I said I don't remember
2 g is the letter that you say put me on notice that
21 is argument was being made?
22 Q. Well, that letter certainly put you on
23 notice if you didn't know it before that, sir, because it
24 says it clear as day.
25 A. But it doesn't make my statement
1 2 3 4 5 6 7 8 9 inconsistent. It said, again, that I was not aware of your moving the goal posts, and, besides, it doesn't matter because this whole thing is about possession, custody and control, which you informed of that we didn't have. Now you're saying, well, this whole thing was about you wanted me to talk to the clerk, or you didn't want me to talk to the clerk, and to me that's disingenuous because that's not the subject of this O lawsuit. c)
10 You mentioned in a sentence tha 11 Mr. Mendelsohn wrote to my lawyer han the 12 complaint, well after the complain entence in a 13 letter to my lawyer, and you' ii S Ng, aha, we wanted 14 this the whole time.
15 Q. Well, ce • wanted it the whole 16 time, and we wa ted i the, as Mr. Mendelsohn will 17 testify, and Mendelsohn wrote that when your lawyer 18 sent 7.10 t , saying our case isn't frivolous, we think 19 ffi might have possession of the records, at 2 some of the records that we were seeking, and in 21 ddition, your office has the right to object.
22 A. Did you put that in the complaint? You 23 didn't put that in the complaint. 24 Q. I know it's hard for a lawyer to not ask 25 questions, but --
1 A. Fair enough. Fair enough.
2 Q. And try not to argue because our court
3 reporter is going to kill us.
4 Okay, in any event, Mr. Aronberg, in the
5 October 14th, 2020, response, you indicate that the state
6 attorney has no objection, okay, to the clerk producing
7 these records if the clerk produces them, right?
8 A. Right.
9 Q. And you know, by the way, that the clerIC
10 had already produced them without -- well, ly --
11 nobody could find a court order -- had to the
12 U.S. Attorney and the FBI years ht?
13 A. I guess so. I me t there years
14 earlier, so if that's what en yes, sure.
15 Q. And, by hortly after you filed
16 Exhibit 21 is why alm Beach Post dismissed the
17 case, rights within 14 days of that, correct?
18 do it up there. Maybe 17 days? O AS'A
2 Q. Right. All right, you indicated on the
19 . Whatever your timeline says.
21 20th is the first time you stated you had no objection to
22 production of the materials, okay, and then on
23 October 21st, now that you said you don't have them and
24 you don't object, the Post dropped you as a party seven
25 days later, see that?
1 A. Yeah.
2 Q. Right? Okay. And then 17 days later, you
3 file an amended motion which makes a host of arguments
4 not set forth in your original motion back in June
5 of 2020, correct?
6 A. Well, you have to ask Mr. Wyler about the
7 substance of that, but I know that the motion — the
8 amended motion was filed after I was already dismisse
9 from the lawsuit and after your client failed to dism
10 me within the 21-day IM period.
11 Q. Well, that's the 21-day gra or
12 the first motion that you filed, corr
13 A. Correct, correct.
14 Q. But the moti 're Rere on today,
15 according to the Co and the notice, is your
16 amended motion was never served prior to being
17 filed, corre
18 W I, are you saying that the filing of the
19 d ction means that the first motion is now void, it
2Q oes away, it didn't exist?
2 Q. We're going to be arguing that to the
22 Judge, but the filing, under the law, the filing of a
23 second motion that raises new and different arguments
24 absolutely goes away, the first motion goes away.
25 A. But the whole purpose of the 21-day notice
1 is to give you a chance to dismiss me, and I was already
2 dismissed by that point, so --
3 Q. So let's take that to its logical -- Let's
4 assume you had gone ahead and served this back, say, back
5 here in October, okay, and then you filed that response
6 and we looked at it and said,,, he's now admitting --
7 he's now saying he's not going to oppose it. If we had
8 dismissed you right then, you'd have no fee claim, ri
9 because under the rule, we're allowed to dismiss.
10 A. You get 21 days.
11 Q. We get 21 days, right. So)St
12 served it all the way back here in and if we had
13 gotten your response and di ou'd have no fee
14 claim, right? We would, go en your 57.105, and
15 within the peri wg ould have dismissed it,
16 right?
17 A. If the second one was filed before I was
7 18 dism sed, within the 21 days --
19 Yes, sir.
2 vA. -- and the case was still pending? Then,
21 eah, you'd have a much better argument. But you don't
22 have an argument now because, under the first --
23 Q. We'll argue -- We'll argue that to the
24 Judge --
25 A. All right, fair enough.
1 Q. -- as to whether we have an argument now.
2 We think the Fourth is pretty clear on that one.
3 MR. BIDEAU: Would you bring up, please --
4 just last question -- Exhibit 25, paragraph 20?
5 BY MR. BIDEAU:
6 Q. And this is -- this is your amended motion,
7 and you say, The state attorney has no objection to the
8 clerk producing and disclosing the requested materi
9 should the Court grant an order to that effect; how
10 it is impossible for the state attorney to co
11 the relief, blah, blah, blah, because yo that
12 argument before.
13 That argument tha no objection to
14 the clerk producing the west materials was not set
15 forth in your original • our original 57.105
16 motion, correct?
17 A. IviSreve that's correct.
18 M BIDEAU: That's all I have, Judge.
M
219 0 HER. WYLER: COURT: Just Redirect? real quick.
21y REDIRECT EXAMINATION
22 BY MR. WYLER:
23 Q. Mr. Aronberg, you were just talking -- or,
24 just being asked questions about the public records
25 requests that were made of your office.
1 Did the plaintiff ever file a Chapter 119
2 lawsuit against your office for those records?
3 A. No.
4 MR. WYLER: No further questions.
5 THE COURT: Is Mr. Aronberg excused?
6 THE WITNESS: Thank you, Your Honor.
7 MR. WYLER: Yes, you're excused.
8 9 MS. WHETSTONE: Your Honor, may we t O five-minute break?
10 THE COURT: We'll be back in a
11 be in recess, we'll say 5 to 10 ml "sty
12 (Off the record from 3:39.
13 3:57 p.m.)
14 LeS \'- ' THE COURT: ....., ight, please be seated.
15 MR. WYL • Y Honor, before I rest, I
16 just wante o the Court that plaintiff and
17 defentwrel, we've -- we've agreed on all
18 seethilpits, t that joint exhibit book. We just
19 a ed to make sure that all exhibits, 1 through
2 7, are recognized by the Court.
21 THE COURT: All right, so Exhibits 1
22 through 37 of this joint binder have been
23 stipulated to and are in evidence, and that's the
24 an agreement of the parties.
25 MS. WHETSTONE: Yes, Your Honor. 1 MR. WYLER: Thank you, Your Honor.
2 (Joint Exhibits 1 through 37 were admitted 3 into evidence.) 4 Defense rests. 5 THE COURT: But not this timeline, correct? 6 This is not? 7 MS. WHETSTONE: That's correct. That's a ( 9 THE CLERK: Thank you. 8 demonstrative. Thank you, Your Honor. 5) 11 Mendelsohn. 12 THE COURT: Before w )illis, how long is 13 Mr. Mendelsohn going t eSsf\_ day? 14 MS. WHETSTOQtL1 W will make this as fast 15 as possible. 16 THE CO m not trying to rush you 17 through hing, but we're done at 5:00 today. {sup}`18`1E. HETSTONE: Thirty minutes. 19 o ) T COURT: And after Mr. Mendelsohn, are
10 MS. WHETSTONE: The plaintiff ephen
2 done?
2 MS. WHETSTONE: Yes, Your Honor.
22 THE COURT: Okay. In the event that you're
23 going past 5 -- we're not going to go past 5, but
24 in the event you need to go past 5, I'll bring you
25 back in later in the week. It won't be tomorrow.
1 Tomorrow I have another matter that I have to hear
2 in the afternoon. But, in the event we need to go
3 past 5, even if it's for argument, probably
4 Thursday or Friday in the afternoon, I'll bring
5 you back.
6 If the testimony is going to conclude today
,0 41k-
7 or mostly conclude today and the only thing left N 8 are your arguments of law and your argumenZ oo
9 the findings of fact, then that might be some 'n
10 that we end up doing on Thursday or
11 afternoon, okay?
12 MR. WYLER: Yes, Your i:i t,' I think it
13 might be worthwhile to p %., l4t, o the Court that
14 the reasonableness se this, if we get there,
15 we've already a t there would be no
16 experts, so I t t could dispense with that.
17 I am 170,,ted , up in Amelia Island, Florida,
18 so I, n—
19 QA' TAt COURT: Fifteen minutes away.
2 R. WYLER: Super close. So I don't know
2 if it would be possible, if we finished with the
22 testimony today, if maybe we could make written
23 closing arguments to the Court instead of coming
24 back?
25 THE COURT: How do you feel about writing? 1 MS. WHETSTONE: We would have no objection
2 to that if Your Honor would prefer. Whatever Your
3 Honor prefers, we will do.
4 THE COURT: If you guys don't mind writing.
5 I mean, I think people are better in writing.
6 People overestimate their oratory skills, but
7 okay.
8 THE CLERK: Do you solemnly swear or a
9 that the evidence you're about to give will be
10 truth, the whole truth and nothing but
11 THE WITNESS: Yes.
12 Thereupon,
13 STEPHEN MENE)g 6 , ESQ.,
14 having been duly sworn ,414Z ....e e C rk of the Court,
15 responded and tes s lows:
16 THE UR :'Whenever you're ready.
17 Mf 4rHETSTONE: , Thank you, Your Honor.
18 tRECT EXAMINATION
19 t('-ii)VHETSTONE:
2 . Good afternoon, Mr. Mendelsohn.
21y A. Hello.
22 Q. Please introduce yourself to the Court.
23 A. Yes. I am Stephen Mendelsohn.
24 Let me just move a little closer.
25 Yes, I'm Stephen Mendelsohn, and I'm an
1 attorney at Greenberg Traurig in the Fort Lauderdale
2 office.
3 Q. Please let us know your educational
4 background.
5 A. I have a bachelor's degree from Colgate
6 University in Upstate New York, graduated in 1980 and -- A
7 in economics, and I have a J.D. degree from Hofstra
8 University School of Law from 1983. IC.:
9 Q. And what's your work experience going
' 11 A. I've been at Greenberg Tra
10 backwards in time?
12 commercial litigator for approxim ars, and all
13 that time I've been a shareh eenberg. As I
14 said, I work out of the F 9 ...flyud dale office at
15 present. Previous to Z as in the Boca Raton
16 office of Greenb rig, so going back 20 years.
17 Br r that, I was an attorney with
18 Ruth d , (hull & Wargo in Boca Raton, also commercial
19 Ii nd, prior to that, I was a named partner a
2O -in Miami. That was Carolonga, Langen, Lorenza
21 phonetic) & Mendelsohn, and before that, I was an
22 assistant attorney general for the State of New York.
23 Q. In what states are you licensed to practice
24 law?
25 A. New York and Florida.
1 Q. At Greenberg Traurig, what types of cases
2 do you practice?
3 A. A variety of commercial litigation,
4 copyright, trademark, securities, real estate disputes,
5 disputes over employment, contract, fraud. Also, not
6 just simply commercial, but I also do defamation defense, A"k
7 First Amendment cases on defamation, and I do trial work
8 and appellate work. 0
9 Q. When you were at the New York State
10 Attorney General's Office, what types of ca you
11 handle?
12 A. I was in the Litigation \t f- abor
13 Statistics, and that's civil liti arily civil
14 rights and constitutional j' caste ..., involving 42 USC
15 Section 1983, wher rk State and its officials were
16 sued in their offs city. That included cases
17 under
18 Amendrnent casionally, and the Eighth Amendment and
19 F ( nth Amendments to the U.S. Constitution.
2 vQ. Are you AV rated?
21 A. Yes, AV rated as well.
22 Q. Have you ever been sanctioned or subject to
23 disciplinary action?
24 A. Never.
25 Q. Ever --
1 A. In any jurisdiction.
2 Q. Ever had 57.105 sanctions or Rule 11
3 sanctions awarded in any case that you've worked on?
4 A. This is the first motion ever under 57.105
5 or Rule 11 under the federal rules or any of that.
6 Q. So besides this case, no?
7 A. No.
8 Q. You've never had any motion raised?
9 A. No. No, M.
10 Q. How did you first get involved w
11 Jeffrey Epstein case on behalf of the ,P`
12 A. I was contacted by M' el from our
13 Albany office. He represent r of media and
14 newspapers throughout Unit d States, and essentially
15 he heads the medi Greenberg Traurig. And he
16 was looking for to help the Palm Beach Post in
17 obtaining dents from at that time the state
18 atto s offlee here in Palm Beach County.
19 . When were you contacted by Mike Grygiel?
2 vA. When approximately?
21 Q. (Nods head up and down.)
22 A. In the summer of 2019. It's Grygiel,
23 G-r-y-g-i-e-l.
24 Q. Thank you. So here, around -- on the
25 timeline, I'm indicating July 2019?
1 A. Yes.
2 Q. And what did the Post want to find out and
3 inform the public about with regard to Jeffrey Epstein?
4 A. Right, at that time, the Epstein matter was
5 back in the news. Mr. Epstein had been arrested by the
6 FBI, and he was being prosecuted by the U.S. Attorney's
7 Office in the Southern District of New York and was in
8 custody. 0
9 So the issues of the plea deal that had
10 been worked out by Mr. Krischer's office b 106 was
11 back in the news, and, in particular, P rump's
12 Secretary of Labor, Alexander Acct a at time was
13 the U.S. Attorney in the Sou lOt ict of Florida who
14 also helped negotiate a aiTd the non-prosecution
15 agreement, and th ig firestorm as to whether or
16 not Mr. Acosta s should not resign as Secretary
17 of Labor.
18 . V at was the Post interested in finding out
19 ird to the prior grand jury investigation by the
2 each County State Attorney?
4 :t 21 A. Well, because of the firestorm surrounding
22 Alex Acosta and the re-arrest, or new arrest, I should
23 say, of Jeffrey Epstein, the Post was interested in
24 looking back again as to what Barry Krischer's office as
25 state attorney did in terms of using or misusing the
1 grand jury process, in terms of the prosecution of
2 Jeffrey Epstein both in terms of the very light
3 non-prosecution agreement that they allowed him to enter
4 into, as well as the extremely lenient sentence that he
5 had.
6 Q. Were you involved in drafting letters to
7 the state attorney's office seeking documents relating to ''S ,
9 A. Yes. C O
8 the Epstein prosecution?
10 MS. WHETSTONE: Would you firing up
11 Exhibit 1?
12 BY MS. WHETSTONE:
13 Q. We're pulling up tii .i the joint
14 exhibit binder. It's an A t 27th letter.
15 A. Yes.
16 Q. Or, a uall , r. Mendelsohn, please let me
17 know what ' letter is.
18 Y , this is Joint Exhibit 1. This is a
19 I to on August 27, 2019, to State Attorney Dave
2 berg on behalf of the Post requesting specific
21 ocuments related to the grand jury investigation of
22 Jeffrey Epstein.
23 Q. What were you seeking in this letter?
24 A. Particularly, we were interested in items
25 stated on pages 2 and 3, some of what we were looking at.
1 We were very interested in finding out the conversations
2 between defense counsel, that's criminal defense counsel
3 for Mr. Epstein and, in particular, Alan Dershowitz and
4 Mr. Krischer's office.
5 We knew from investigation that
6 Mr. Dershowitz had provided Mr. Krischer with exhibits or ,..4,..
7 documents which went to injure the testimony -- the
8 credibility and the testimony of the young woman wh
9 testified before the grand jury. I mean, we were
10 for those communications between Mr. Kn iffice
11 and defense counsel, in particular wh rshowitz
12 and others from the defense prov e materials to
13 damage the credibility of the e ik Sji,r witness.
14 We also want m nications between
15 Mr. Krischer's off BI and the U.S. Attorney's
16 Office because t dues were coming to the fore
17 because of Acosta, and we did know that there were
18 such 7, ,c, mu ications, and we wanted those documents to go {sup}`19`, o ate Post for public disclosure.
2 Q. What was the state attorney's office's
21 esponse to this August 27th letter?
22 A. I never received a response to this letter.
23 Q. Were there other letters from Greenberg
24 Traurig to the state attorney's office following up?
25 A. Yes. Mr. Grygiel wrote a letter to the
1 state attorney's office as well. When I didn't receive a 2 response, I guess he felt whatever, but he did send that 3 next letter.
4 Q. Okay, so I'm pulling up Exhibit 37. Is
5 this -- Let me know what this is.
6 A. Yes, this is Mr. Grygiel, from our Albany
7 office, this is his letter to State Attorney Dave 41,114{sup}`l` {sup}`y`
ii .2) " 8 Aronberg, October 9, 2019, reiterating some of the t '
9 that we thought were in the possession of the stat
10 attorney's office but had not been provided alin
11 Beach Post.
12 Q. Did you get a respons en) a
13 response to this letter?
14 A. No. S'\'
15 CI Did you rE documents that were
16 provided by the orney's office to the Post?
17 A. Before -- Sort of in the middle of
ICt 19 is cords request of the state attorney's office,
18 this, Pal each Post, before I had written, had made
2 ome materials had been provided, and we did go
21 hrough that, those materials. They did not include
22 those that I mentioned in Joint Exhibit 1, which
23 particularly were missing the Dershowitz communications
24 and the communications with Mr. Krischer's office, the
25 FBI and the U.S. Attorney's Office.
1 a So what information what additional
2 information was needed that the Post NO3 seeking?
3 A. We wanted to see why the grand jury was
4 used in such a way as to result in a very lenient charge
5 for Mr. Epstein, as well as the lenient sentence that was
6 part of the non-prosecution agreement.
7 We knew from the Post's investigation and
8 from other materials we had assembled that there w
9 there was a grand jury that was empaneled. In fa
10 there was two. The first one was canceled
11 second one was conducted, and a wit tim did
12 testify. And we were on fairly ce rdlmd that the
13 state attorney's office under Cher undermined
14 her credibility with mate ' pro ed to Mr. Krischer
15 by defense counsel
16 Q. Did y
17 A. d we did not get those materials back
18 from 10\.,-e stat attorney's office.
19 CI Did you review any other information to
2 he conclusions about the grand jury indictment?
21 A. Yes. I wanted to say that I was not the
22 only one working on this at Greenberg Traurig. In
23 addition to Mr. Grygiel, Nina Boyajian of our Los Angeles
24 office, who is a First Amendment expert, was also part of
25 our team. She is very well versed in First Amendment 1 issues, especially when it comes to representing the
2 media's interest under the First Amendment.
3 So we also had paralegals tasked with that
4 responsibility, too. We had assembled deposition
5 transcripts, affidavits that had been submitted in
6 various cases. I personally have spoken with the Town of
7 Palm Beach County -- the Town of Palm Beach Chief of
8 Police Reiter and discussed his testimony with him i
9 civil cases. I've obtained his deposition transcripts
10 We spoke to only a few of the plaintiffs' la the
11 cases, but some of them did provide erials.
12 There was a voluminou of materials
13 we used. We also went bac (4;So t I5 minal case where
14 the materials were in th lic main and read through
15 those items as well
16 Q. And, er t i team at Greenberg reviewed
17 all this info riTi'on v and did due diligence, what was
18 deci next
19 . Ultimately, the team decided that it was
2 nary to bring a lawsuit to obtain what we call grand
21 ury materials. It's not just simply the transcripts of
22 what occurred in front of the grand jury, but all of the
23 ancillary or corollary materials related to that. And
24 that, as we stated in Exhibit 1, included, but not
25 limited to, the communications where we believe
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Mr. Dershowitz provided damaging information or documentation to Mr. Krischer's office to destroy his own witness in front of the grand jury, which honestly, looking at all of the materials we had received and based upon my personal discussions with the chief of police of the Town of Palm Beach, we came to the conclusion Mr. Krischer had abused his authority as state attorney. Q. When did the due diligence process start and when did it end as far as reviewing the facts? A. Started in the summer of 2019, Well, the first phase resulted in the la that contained hundreds of hours' wo , not only legal work, but, as I said, fac igatory work as well. But it continued e ....e fter e lawsuit had been filed as well. We d' 1 t n case we found something new, and ultima id find new things out in this case, whicho r syn add later, but there were new revel ns t t had occurred. 19 . And the initial complaint was filed in...? 2 A. The end of November of 2019. 21 Q. What legal research was done before filing 22 the initial complaint? And that was for the statutory 23 count under 905.27. 24 A. Sure. The way we divided the work between 25 myself primarily and Ms. Boyajian was that we would
1 handle the First Amendment issues in the case. So the
2 U.S. Supreme Court cases involving the rights of the
3 media to be the public surrogate or be the public
4 mouthpiece and to obtain and participate in all facets of
5 criminal proceedings, she helped me and provided that --
6 I was aware of all of that, but she certainly had a
7 greater in-depth knowledge than I did. I was tasked with
8 the responsibility of fleshing out Section 905.27 of th
9 Florida statutes primarily.
10 Q. What did you personally resear
11 out Florida Statute 905.27?
12 A. I read every word of C . Hooked
13 at Law Review articles. Ire e from Catholic
14 University, Valparaiso a thereabout the grand jury
15 process, grand ju oth federal cases and state
16 cases. I found fiery qe orted case under 905.27, which
17 particularly It with the issues that we were
18 dis c g o b fore and that Mr. Aronberg testified about,
19 at ent back to even the predecessor statute to
2 , which is into the 1920s. And I tried to find
21 egislative history on the statute, but there wasn't any.
22 So I amassed 50, 60 cases under the statute
23 going back from the '20s, '30s, '40s, '50s, '60s, et
24 cetera, under 905.27. I read all of them.
25 Q. It sounds like a great deal of research, 1 but did you engage in any other research before filing
2 the initial complaint?
3 A. Well, federal as well, not only under the
4 state, but I wanted to see, you know, who to sue, to be
5 honest with you, in this case. We had a debate amongst
6 ourselves as to who the proper defendants were going to Ak
7 be, and my principal responsibility was determining under AS
8 CO Florida law who that would be.
9 So I had extensive experience as an
10 assistant attorney general on suing, at leas
11 defending state officials in not only 19\ psi
12 many other type of cases where als are sued
13 in their official capacity. So yes ertainly
14 nothing new to me.
15 I probabl ct 3, 400 cases like that,
16 all on the defen sidQ So I was very familiar with
17 arguments mho ' ir was the proper party and the role of a
18 state I cial litigation.
192 Okwere other 905 cases, Chapter 905 cases where state
21 fficials had been sued, and in particular I found two
22 cases. One was a state case and one was a federal case.
23 The state case was James vs. Wille and, coincidently,
24 actually involved the predecessor to Barry Krischer, and
25 that case involved the beating of an inmate at the Palm
o what did I do? I went to see whether
1 Beach County Jail out by Belle Glade, and that individual
2 sought grand jury testimony, and the state attorney was
3 named as a party in the case and, in fact, participated
4 in the case as to whether or not grand jury secrecy under
5 the statute -- you know, the extent of it and made legal
6 arguments opposing such.
{sup}`7`,010A' Q. So we're talking about some of the cases
8 you relied upon --
10 Q. -- in determining that the state a'
11 was a necessary party defendant, an to pull up
12 -- you mentioned James vs. — W e mes vs. Wille
13 case?
14 A. Yeah, James \* Wille, correct.
15 Q. And that' t."36. Can you just let me
16 know if Exhibit 3 case you were talking about?
A. l t, e4rthat's , the case. 17
4 itA were there any other cases you relied 18
p ifically with regard to the state attorney 19
2 csarily being a party?
21 A. Yes. An 11th Circuit case called In re
22 Grand Jury. It's a Federal 11th Circuit Court of Appeals
23 case.
24 MS. WHETSTONE: And that's in Your Honor's
25 binder, the Authorities binder at tab 11. We'll
1 pull that up.
2 BY MS. WHETSTONE:
3 Q. Is that the In re Grand Jury case?
4 A. Yes, that's the case.
5 Q. So what were the three -- what were the
6 reasons the state attorney was named a defendant?
7 A. Well, this case particularly, the state
8 attorney was from Broward County named in this ca .O
9 It's a little complicated facts, but essentially there
10 was a federal grand jury that issued a sub the
11 Broward County State Attorney seeki orney
12 grand jury materials for a particul .ation, and
13 the Broward County attorne n see here,
14 participated in this case, bo jected to the release of
15 such under 905.27.
16 And I cularly interested in the
17 language fr> his case which said that the state
18 atto s ro was an essential one because his or her
19 r as protect the grand jury process, which
2 ed grand jury secrecy.
2 So, based upon the James vs. Wille case and
22 this case and my background in defending state officials,
23 I felt that the state attorney here in his official
24 capacity was a necessary party because someone had to
25 advocate one way or the other for grand jury secrecy if
1 the state attorney decided that's what he wanted to do.
2 But, if we didn't name the state attorney, we were
3 denying that state official and that office the right to
4 object under secrecy laws.
5 So the purpose was to allow the state
6 attorney, if he chose to do so, to object to the
7 disclosure under 905.27 and to advocate for the state
8 secrecy interest, and that was a prime issue of wh
9 was named.
10 Q. Were there other reasons?
11 A. Well, we weren't sure wha
12 attorney's office had. We knew t e point the
13 state attorney's office had aterials because
14 that's -- under Mr. Kris what had occurred.
15 He presented this d jury. So we weren't
16 completely sure odwhat.
17 S sye also believed, and I still believe,
18 that stazdoes not prohibit the state attorney
19 esting the state attorney to look at grand jury
2 erials, not disclose it to the public, but merely to
2 isclose it to the state attorney if the state attorney
22 wanted to look at it.
23 So we were hopeful that, if the state
24 attorney was interested in looking at these materials,
25 that he would say that he had the right to look at them 1 under 905.27 and then, if so, ask the Court for an
2 in-camera review before release to the public.
3 So those are the three issues we were
4 concerned with.
5 Q. Did Greenberg Traurig conclude that the
6 state attorney was a necessary party to this case
7 regardless of whether it had possession of the grand jury 4S , ci 8 materials? p
10 Q. And was that conclusion a yes?
11 A. Yes, it was.
12 Q. So, after the complain i 'hal
13 complaint was filed in Nove 19, were discussions
14 had with the state attor cou sel and the counsel for
15 the clerk?
16 A. Yes.
17 Q. What were those discussions?
\/ ----'7 18 . Well, we had discussions about the case,
19 < la where this is going, did they have
2 ions and, if so, under what basis did they have
21 bjections.
22 Q. After the complaint -- the initial
23 complaint was filed, what position did the state attorney
24 take in the case?
25 A. Took two -- Took two positions. He filed
1 an answer, and that answer contained a motion to dismiss.
2 Q. Backing up. Sorry. After the initial
3 complaint was filed, what was the -- what was the
4 position taken by the state attorney to the initial
5 complaint, just the Count 2?
6 A. Okay.
7 Q. Sorry, just Count 1. 410•
8 A. His position was that grand jury secrecy
9 was preeminent under 905.27, and that statute bardt
10 release of the materials. He also argued t
11 statute was only operative where ther nding
12 civil case and a pending criminal a since the
13 Epstein case was not pendi volving the Post,
14 or the criminal case, the as n>5 criminal case in Palm
15 Beach County, we e any position or standing
16 under the statut to s the materials on behalf of the
17 Palm Beac st.
18 . Di the state attorney file a motion to
19 ¢iSf<• s e initial complaint?
21 Q. What was your reaction to that?
22 A. Well, I was hopeful that they wouldn't
23 object or seek to dismiss it, but I understood that they
24 had a statutory obligation to protect grand jury secrecy,
25 so I didn't take it personally or anything like that. I
1 understood the role that they were playing because that 2 was the role we gave them the opportunity to play in this 3 case. So I was neither surprised, nor upset that they 4 played that role, because that's the opportunity we gave 5 them.
6 Q. Did the clerk file a motion to dismiss the
7 initial complaint as well?
9 Q. After the state attorney filed his motion
10 to dismiss the initial complaint, what did th o in 11 response?
12 A. After the initial -- Well,
13 amendment to the -- to the 'Shit.
14 Q. Did you take k a hether there were
15 other causes of ac • uld assert?
16 A. Yes. dd ed to develop the First
17 Amendme n kue r in more depth and argue that the Post had
18 righ der e First Amendment, as well as the statute,
19 i Cy •\*u ion with the statute to obtain the materials,
2 II as an argument that I had developed which was
21 hat the Court has inherent authority as the ultimate
22 supervisor of the grand jury system under the Florida
23 Constitution to prevent abuse of the grand jury system,
24 and we felt that the Court had such authority. That was
25 the Clayton case that I was relying on. 1 Q. We're going to pull up Exhibit 9, which is
2 the amended complaint in this matter.
3 Could you confirm to me that's the first
4 amended complaint?
5 A. Yes, I see that. That's on the board here.
6 Yes, it's in front of me as well.
7 Q. And we'll turn to it, but the state
8 attorney answered Count 1 of this amended complai O
9 which was the count for declaratory judgment; is th
10 correct?
11 A. That is correct. They mov s,
12 they moved to dismiss Count 2, re statutory
13 claim, and they answered th ory judgment which
14 was the mixture of First11 ndrrlhnt, statute, inherent
15 authority of the Cou
16 Q. What recall about reviewing the
17 answer to tl st amended complaint for declaratory
18 relief['
19 o Z ' ,Well, they continued to oppose the release
2 materials under 905.27 asserting grand jury
21 ecrecy and asserting that we didn't have a claim under
22 the statute. I did note that they admitted in
23 paragraph 72 that the case was brought in good faith, and
24 that's particularly the declaratory judgment one. That
25 stood out to me. 1 Q. We'll pull that up. I think we've seen it
2 a couple times. We'll pull it up.
3 Please let me know if this comparison of
4 Exhibit 9 and Exhibit 10 is the paragraph you're talking
5 about.
6 A. Right, right, yes, that they refused to
7 provide access. That's through their objection to the
8 clerk to testimony, minutes and other evidence. Aga'
9 this was not just simply transcripts. It was much
10 broader than that. And that a good faith d' 'sts,
11 and they admitted all of that.
12 Q. Did Count 1 for decla seek to
13 force the state attorney to pr c uments that he did
14 not have?
15 A. No.
16 Q. Did t sta attorney's position that his
17 office did n ye possession or custody of the grand
18 jury rial ? lrnd the need for his office to be a party
19 • de aratory relief claim?
2 A. No, and really the proof of that is what
21 ctually occurred, which is they moved forward with their
22 motion to dismiss and ultimately a motion for summary
23 judgment.
24 So they opposed the release of the
25 materials, as was their right, under the statute
6 opportunity and asserted that we were not entitled to it
7 under the statute's grand jury secrecy provisions.
8 Q. On June 8th, 2020, Judge Marx -- did Jud
9 Marx enter an order on the motion to dismiss Cou
10 under Florida Statute 905.27?
11 A. She did.
12 Q. And what was -- what A Nr4ling?
13 A. She determined t ?iS h st lacked --
14 well, that the statute did create a private right of
15 action, that it was li t those who were seeking the
16 materials in the civil case and a pending
17 criminal ca et o she did it on a very narrow ground.
18 A. T t order -- sorry.
1 asserting grand jury secrecy. So it actually proved why
2 we put them in the case, which is to give them the
3 opportunity on behalf of the office officially to assert
4 grand jury secrecy, which is what they did. So, in
5 effect, it worked. They took advantage of the
{sup}`19`NGo right ahead.
2 Q. Mr. Mendelsohn, go ahead.
21y Okay, that order did not address the
22 declaratory judgment claim in Count 1, did it?
23 A. No.
24 Q. When did the state attorney send its
25 initial what he calls place-marker 57.105 demand letter
1 and motion for fees?
2 A. Within hours of the order from Judge Marx
3 was issued, I believe, on June 8, 2020.
4 Q. And at that point why was the state
5 attorney kept in the case?
6 A. Well, they were still objecting to
7 disclosure under Count 2, under the declaratory judgment.
8 They were still asserting that grand jury secrecy and
9 statute could not be overcome by the First Amend
10 by the Court's inherent authority, and that t' rt'
11 inherent authority was limited by the s ich we
12 obviously thought was sort of the , that the
13 statute or the legislature cou np it the Court's
14 inherent authority beca e iciary had its rights
15 and the legislature hts. So that issue still
16 remained.
17 Q. Q• ou write to the state attorney's
18 coun and Vleyoout the Post's reasons for continuing to
19 i Clt a state attorney in the case?
2 A. Yes. That's my letter of June 23rd, 2020.
2 Q. And we'll go ahead and pull that up.
22 That's Exhibit 16.
23 Is that the letter that you're referring
24 to?
25 A. Yes.
1 Q. And your letter set forth the reasons why
2 the state attorney was named as a party in the case --
4 Q. -- and continued to be named?
5 A. Yes.
6 Q. Did the state attorney's office ever
7 address the second reason for keeping the state attorney "4\ ,' 0
8 in the case in response to this letter?
9 A. I never received a written response to th
10 letter.
11 Q. And that second reason w as the
12 -- that the state attorney's office won cial
13 grand ' rNcr cy? tasked with protect
14 A. Correct.
15 Q. And, in i ."' did you cite a case to
16 the state attome
17 A. I cited to In re Grand Jury
18 Pro c ings, he 11th Circuit case.
19 c Did you have discussions with the state
2 )Q. ey's counsel after this point, after writing this
21 etter?
22 A. Yes, with Mr. Wyler.
23 Q. And what were they?
24 A. What are we going to do about this case
25 essentially. Is the state attorney going to oppose us? 1 Is he continuing to oppose us? Because I never received
2 a response to my June 23rd letter, and I wanted it to be
3 understood that we honestly believed that the state
4 attorney had a necessary role to play in their official
5 capacity. We were hopeful that they would take a neutral
6 position, but they remained adamant that they had to
7 protect grand jury secrecy under the statute, which we
8 respected. 0
9 Q. And I don't want to know the substance
10 settlement discussions, if there were any,
11 settlement discussions go on with the ey's
12 counsel after the June 23rd lette
13 A. Yes. Yes, they dISh
14 Q. And is that i te the timeline here
15 of June, June 8th, 2 tq ctober 15th, 2020?
16 A. Yes. With M. Wyler, yes.
17 Q. ler.
18 H was a very nice man on the phone. We
19 ood conversations, very professional.
2 Q. The state attorney filed his motion for
21 ees on July 1st, 2020; is that correct?
22 A. Yes.
23 Q. And is this the state attorney's first
24 motion for fees that was filed on July 1st, 2020?
25 A. It is.
1 Q. Did the initial 57.105 motion as filed set
2 forth any of the grounds for the motion?
3 A. No, it didn't. It just said that they were
4 entitled to 57.105.
5 Q. So, after this point, did you -- did the
6 Post and Greenberg seek discovery from the clerk?
7 4,44,Alik' A. Yes.
8 Q. And this was in the litigation? O
10 Q. What discovery did you seek fr the lerk?
11 A. We wanted to know wheth t y —
12 well, first, whether the state attor
13 Mr. Krischer had asked for a Nip aterials that the
14 clerk had had, and, also etheTthe FBI and U.S.
15 Attorney's Office h e clerk to provide such
16 materials. And eradicated to us in response to
17 a request th ie clerk's office had done so, though
18 they jre va Y 9uee as to why and when.
19 And what — did you serve
2 gatories —
22 Q. -- and document —
23 A. Requests, yes. We wanted to see a log of
24 the materials in the grand jury sealed -- that the clerk
25 had sealed. We hoped that there was a log indicating
1 2 3 4 5 what was in there, not really specifically what was in there, but by category, whether it was a transcript, whether there were exhibits and/or whether there were affidavits or whether there were deposition transcripts. Whatever there was in there, we wanted to understand.
6 7 8 broken what was in there. The clerk had responded that they don't keep a log, so they couldn't tell us unless the seal was 0
9 Q. In August of 2020, the state attorney's 10 office filed a motion for summary judgmen 11 correct? tiw
12 A. Yes.
13 Q. And Exhibit 19, as this the state 14 attorney's motion for s ary f dgment that's on the 15 screen?
16 A. Yes, s.
17 18 Q. And, in support of this motion for summary \/ judg t, did Mr. Aronberg file an affidavit in support?
19 A. He did.
2 2 O MS. WHETSTONE: If you could go to 18, please.
22 BY MS. WHETSTONE:
23 24 Q. And is 18 the State Attorney Dave Aronberg's affidavit in support?
25 A. It is. ti
1 CI At this point, after the affidavit had been 2 filed, had the state attorney responded to another one of 3 the reasons that he had been named as a necessary party 4 to the action?
5 A. No. They focused exclusively on possession 7 secrecy issue which they had advocated for. 6 rather than their position protecting the grand jury's
8 CI So did the state attorney's affidavit and C)ACIC 9 motion for summary judgment address In re Grand
10 Proceedings or any of that — any point in y 11 about his office being able to prevent 12 releasing grand jury materials?
13 A. No, they never re that.
14 CI Was there sf actu issue At this 15 time in August 202 re still a factual issue as 16 to whether the s to aft mey had physical possession of 17 copies of grand 9ry materials?
18 19 Wall, we knew at one point Mr. Krischer obvious had to have had such. We also had -- We were 2 the belief that there were communications, on very 21 trong grounds, between Mr. Krischer's office and
22 Mr. Dershowitz and other defense counsel, as well as the 23 FBI and U.S. Attorney leading up to and including the 24 indictment, the non-prosecution agreement, as well as the 25 sentencing report.
1 We never received any such, and we knew 2 they were out there. Exactly who had them, where they 3 were, we weren't sure. We learned in hindsight that the 4 U.S. Attorney's Office had been provided with such by the 5 clerk's office. This is the Palm Beach County clerk's 6 office.
7 Q. So fast forwarding a bit to October 2nd, 8 2020, did Greenberg and the Post -- sorry -- did the P 9 file a response to the state attorney's first 10 place-marker 57.105 motion?
11 A. We did. q 0
12 Q. And if you could pull u
13 A. Which one is this ib
14 Q. 20.
15 A. That's whbtlKh sght. Okay.
16 Q. Is thi the Q is response, memorandum of 17 law of the ' ff to the state attorney's - pt tr
18 T t is correct.
19 CIN' IQN-- 57.105 sanction motion?
2 Nh-)A. Yes. I drafted this, yes.
21 Q. On page 8 --
22 23 MS. WHETSTONE: Gerard, do you mind going to page 8.
24 BY MS. WHETSTONE:
25 Q. Did you again raise the state attorney's 1 ability to object to release of grand jury records?
2 A. Yes. I cited to In re Grand Jury
3 Proceedings again.
4 Q. If you look at the screen, is that on page
5 8? Is that where you cited to?
7 Q. And at this point, the state attorney still
8 had not responded to this reason he was named as
9 is that correct?
11 Q. So then on October 14th,
12 state attorney file a reply to this r
14 MS. WHETST I uld you pull up
15 Exhibit 21.
16 BY MS. WHETS
17 Q. Mp s the state attorney's reply in
18 sup c of ,th rst place-marker motion for fees?
19 0 Nk. Yes, it's in response to their June 2020
2 ion for fees.
21 Q. So this is not a reply to the 57.105 motion
22 we're here on today, right?
23 A. That's correct.
24 Q. This is a reply to the original June
25 place-marker motion for fees, correct?
1 A. Correct. What happened is the state 2 attorney never noticed the first motion they filed for 3 fees for a hearing, and they still haven't done that. So 4 it's never been noticed for hearing.
5 There was a little dispute between myself 6 and Mr. Wyler as to whether or not the fee motion that he 7 had filed in June should be heard first or their motion 8 for summary judgment should be heard first, and the 9 a case management conference before Judge Haf d 10 Judge Hafele decided that the state attom decide 11 the order of when that would occur. ing when 12 -- what hearing would go first, I fil onse to 13 their fee motion that they file une, and that 14 was Exhibit 20, and the res nded in Exhibit 21.
15 Q. And I'll ention to pages 1 16 through 2 of Ex nd the state attorney's reply --
18 19 I nd here it's highlighted on the
2 A. Yep, I see that.
211. Q. It says, "Nonetheless, the state attomey 22 has no objection and never has had any objection to the 23 clerk releasing the records sought by the plaintiff."
24 Was this the first time the state attorney 25 -- the state attorney stated his office would not object 1 to the release of grand jury materials if ordered by the
2 Court?
4 Q. So, after your reply -- sorry -- after your
5 response on October 2nd, then on October 14th, the state
6 attorney for the first time stated in a filing that he
7 had no objection to the production of Epstein grand jury AgRe
8 materials by the clerk?
9 A. That's accurate, yes.
CP
10 Q. Was this a change from the stat: ey's
11 prior position about releasing grand ju s?
12 A. Absolutely.
13 Q. How would you d change from the
14 initial -- from his initial re nse the initial
15 complaint to this rep
16 A. Initiall filled why they were in
17 the case, w1 • is they objected to the release of the '
18 mate e' cun 7 er 905.27, and now they were taking a
19
2 IC{sup}`s`I p sition, and they were no longer advocating the macy of 905.27 and its secrecy provisions as a bar
21 r prevention or preventive for the release of grand jury
22 materials. They were no longer taking that position.
23 They were no longer taking any position.
24 Q. What was your reaction to this change?
25 A. Well, I was pleased. 1 Q. Did you send a letter -- a settlement 2 letter on October 15th in response to this October 14th 3 position in the reply?
4 A. Yes. I did it pretty quickly after I saw 5 it.
6 Q. The next day?
7 A. The next day. Well, I started writing it 8 on the 14th, but, yes, we sent it on the next day.
9 Q. Okay, and I'll pull up Exhibit 22.
10 Is this your letter to Mr. Wyler wi 11 regard to the reply?
12 A. Yes. Since they had e c<'o )a neutral 13 position, I didn't see a point ling whether or 14 not they should remain • e e, and that's what the 15 purpose of this wa
16 Q. And it y say you were pleased about 17 them chap
18 . Ybs, yes. In the second paragraph, I said 19 I sed to read that they -- the state attorney's 21 and unequivocal statement in their response filed
2 yesterday that their office will not oppose the Post's 22 request for access to the Jeffrey Epstein grand jury 23 materials. I was pleased.
24 Q. Once the state attorney's office said that 25 it would no longer object to release of the grand jury 1 materials by the clerk, what was s and
2 the Post's response?
3 A. We had a team meeting and ultimately
4 discussion with the Post as to whether or not the state
5 attorney should remain in the case. We had, for the
6 first time, Mr. Aronberg's affidavit. He had previously
4S"
7 stated that position, but for the first time in a
8 pleading or an affidavit filed in the case, he said he O )
9 clearly didn't have possession. And he's now takin c a
10 neutral position. Because of the change in n that
11 this neutrality had now created, we h erious
12 discussion as to whether or not h emain in the
13 case because, remember, o ecessary party prongs
14 that I had mentioned pr sly as to give Mr. Aronberg
15 the opportunity as ey to voice either his
16 objection to the or his neutrality or maybe his
17 support.
18 Notw he decided to change from opposition to
19 2 Ot li , and, since that was the case, we determined
ely to drop him from the case, that there was no
21 he had exercised his option and made a decision, and
22 we were happy that he had done so.
23 Q. Was -- What date was the state attorney
24 dropped as a party to the action?
25 A. It was in October. Was it October 21st?
1 Q. We'll pull up Exhibit 23.
2 A. Okay, I've got it in front of me. It was
3 October 21st, 2020.
4 Q. And is this Exhibit 23 the notice of
5 dropping the state attorney as a party?
7 Q. After this, 19 days after this, did the
8 state attorney file an amended motion for fees under
9 57.105?
10 A. He did.
11 Q. Is that the motion we're he
12 A. Correct. That's the on the
13 state attorney has noticed fo
14 Q. We're pullin g ...exhi t 25, and, once it's
15 up, I'd like you to co r , his the amended motion
16 for sanctions th ere on today?
17 A. Y,
18 ' %. t't this amended motion ever served on you
19 TrIRNP anytime before it was filed?
2 .-)A. No.
21 Q. Does the amended motion set forth new and
22 different BCs for the motion for sanctions than compared
23 to the first what they call place-marker motion?
24 A. Absolutely.
25 Q. What were some of those new arguments? 6 used back in June. This was a sea change as far as we
7 were concerned in the status of the case.
8 Q. And you told the state attorney that was te CSS'
9 the basis for its joinder back in the beginning of th
10 case?
11 A. As a necessary party, yes. they
12 were no longer advocating secret w had adopted
13 neutrality, that's why we dro ppSed from the case.
14 hatTthink is going to Q. And I'll move
15 dgment, which is be my last exhibit, t
16 Exhibit 30.
18 A. Dt the Post -- So did the Post file a
1 A. Well, ultimately the major new argument was
2 that he now had neutrality in the case. That was a
3 massive change in the position of the state attorney
4 which was not the situation back when they first made
5 their place-holder motion, and this is the words they
19 ' br summary judgment against the clerk --
21 Q. -- as to the declaratory relief claim?
22 A. Yes. They were the remaining party in the
23 case.
24 Q. And Judge Hafele heard argument on that
25 motion for summary judgment?
1 A. He heard it for about two and a half hours,
2 yes.
3 Q. And was this the same declaratory judgment
4 count that had been asserted against the state attorney
5 that had been dismissed against him after he said he had
6 no objection to the clerk releasing documents?
7 A. It was Count 1. That was the same count
8 that we had against the state attorney and the clerk,
9 that had been dropped against the state attorney a
10 time I argued the motion for summary jud front of
11 Judge Hafele in September of 2020 0 2020.
12 Q. And Judge Hafele ent n rder on a
13 motion for summary judgme came this final
14 judgment; is that right?
15 A. Correct.
16 Q. And g ng ifough it, on page 5, the Court
17 noted that ti ost's position was -- Well, I'll ask you,
18 what ,yc s ith 4rourt's reaction in the final judgment to
19 tations given by the Post? s
2 A. Ultimately Judge Hafele determined that his
21 ands were — while he recognized that the Court had
22 inherent authority and that inherent authority covered
23 the supervision of prosecutorial abuse of the grand jury
24 process, he felt constrained by the statute, which was
25 905.27. So he felt ultimately that he could not exercise 1 2 3 4 5 inherent authority because of the limitations that he thought 905.27 contained, though, without sounding too egotistical, he was very effusive to the work that Greenberg Traurig had done, as well as the work done by the clerk's counsel.
6 7 8 Q. So I'll draw attention to page 7. It says, "The newspaper makes strong arguments to advance its WS expansive construction of Section 905" --
9 A. Right. CP
10 Q. -- "27 as part of furthering justi
11 12 then page 11, it says, "The Court ack the newspaper's vibrant and sincere
13 Was that — Was tf il nt with regard to
14 Count 1?
15 A. Yes.
16 Q. And t is count we're here on today?
17 A. ct. That matter is on appeal. The
18 final dgme is on appeal.
19 ryks N Thank you. That was my next question.
2 A. Okay.
2 Q. Okay. Okay, one last question -- sorry --
22 two.
23 Did you have any discussions with the
24 editorial side of the Post having anything to do with the
25 decision to sue the state attorney?
1 A. None. There was a firewall between the 2 legal arguments we were making here and whatever the Post 3 was writing both editorially and factually. I had 4 absolutely no conversations with the Post, nor did any 5 member of my team as to what they were going to write. 6 It's not my role to tell the paper what it wants to, or 7 not, write or not write, so the legal positions that we 8 adopted in this case were -- were the positions that 9 as Greenberg Traurig and the paper came to the ion 10 of based upon the facts and the law.
11 As to what the Post may ha to 12 write or did write, I have zero inp t t, nor did 13 Mr. Grygiel, nor did Ms. Boy Wt even know 14 what was going to be p ' un I read it in the 15 paper, so I did not word they were going to put 16 in the paper.
17 Q. I question. Did suing the state 18 atto in th case have anything to do with a personal 19 gainst the state attorney?
Ott 2 A. Well, I voted for Mr. Aronberg. No.
21 Q. So no?
22 A. We have a mutual friend. So I have no 23 animus against him at all. I'm not happy he has me 24 sitting up here, to be honest with you, but, you know, I 25 understand why he has me up here. I get that. He's not 1 2 3 4 5 happy being associated with Mr. Epstein. The man was reprobate. He was one of the lowest forms of humanity. So even having my name in an article, even if I'm not accused of something, I can understand why he's not happy about it.
6 7 8 9 10 11 12 13 But I don't -- we didn't do this out of animus or lack of preparation. This was a sober decision against someone in their official capacity. I'm sorry that he feels personally offended by this, but we t great pains to make sure that there were n tions in the amended complaint and the co • cusing him of anything or of any wrongdoing e y d because that's just not the case that front of us.
14 MS. WHETST TRank you, Mr. Mendelsohn.
15 Sorry, w le long.
16 THE . No, it's okay.
17 18 A s:v going to finish in the next 10 !luta?
19 R. WYLER: No, Your Honor. That's
2 impossible for me.
2 THE COURT: So then we're not going to get
22 started.
23 MR. WYLER: I don't think it would be
24 worthwhile for me to start and then stop in 10
25 minutes. It's going to take me at least 1 30 minutes, probably more like 45.
2 THE COURT: Okay, so, you know, from Amelia
3 Island to here is five hours?
4 MR. WYLER: Yes, sir.
5 THE COURT: You're almost in Georgia.
6 MR. WYLER: Exactly. Your Honor, I will be Ak
7 here whenever you need me to be here. I'll make
8 it happen.
9 THE COURT: Thursday or Friday?
10 MR. WYLER: Honestly --
11 THE COURT: How about T
12 MR. WYLER: -- how ab sday? Yeah,
13 Thursday would be bett
14 THE COURT: , al right, we'll come
15 back in Thursda
16 MR. M OHN: In the afternoon, Your
17 Honor?
18 IHE COURT: Come back Thursday, probably
19 . Give me one minute.
2 '6. (Brief interruption.)
2 THE COURT: All right, so the only thing
22 left is cross examination, redirect, and then are
23 the parties going to write closing arguments?
24 MS. WHETSTONE: If Your Honor would prefer
25 it, we'd be fine with that. CO
1 THE COURT: I prefer closing arguments that
2 are written. I think things are more coherent.
3 You know, I think the logic is tighter. If the
4 parties don't mind writing closing arguments, I
5 would prefer that.
6 Okay, do you want to bring your closing
7 argument? I mean, I can anticipate you probably
8 know what you're going to argue. 0
9 MS. WHETSTONE: If we could finish ttC)
10 direct -- the redirect and just make s have
11 the testimony, that we will have t fr ript
12 and add it into the closings o k sure that we
13 have -- What do you thi
14 MR. WYLER: YNi "el lo e r, it's going to be
15 really hard for m ri back, and then hand
16 write it and th back down here again.
17 THE "5/URT: 4)r, Why don't we do this: Cross
18 exa ;1;catio ri , redirect. You'll give me a closing
19 t, and you can supplement your closing
2' ments in writing. If I need to have an
2 additional hearing, we can do that via Zoom since
22 the evidence and presentation will have concluded.
23 MS. WHETSTONE: Sounds good.
24 THE COURT: Sound good?
25 MR. WYLER: Sounds good, yes.
1 THE COURT: All right, so we'll come back
2 Thursday, 1:00 p.m.
3 THE WITNESS: Am I excused, Your Honor, 4 from the stand?
5 THE COURT: Yes.
6 THE WITNESS: Thank you.
7 THE COURT: I know we have guests. You
8 know, the Wall Street Journal will write
9 reprobate. It's a big word. It's a big word.
10 All right, anything else?
11 Have a great day, everybod\ in
12 recess.
13 (The hearing adjour 3 p.m.)
15
16 C -S)ACCLI
14
17
18 '7\*
19
22
23
24
1 COURT CERTIFICATE
2
3 STATE OF FLORIDA
4 COUNTY OF PALM BEACH
5
{sup}`7`AelAsc N 8 was authorized to and did stenographically rep L RPR, RMR
6
9 the foregoing proceedings and that the tran pt
10 is a true and complete record of my phic
11 notes.
12
13 Dated this 12th da tiApmber, eCc\ 2022.
14
15
16
17
18
19
\*2 0
22
23
24
25
I, Lisa Begley, RPR, RMR, certify that I
(
(1)
13:23 19:21 28:3
(1) (b)
19:23 20:15
(2)
19:21
(4) ' a
26:14
(a)
19:22
1
1
10:1 12:13
14:20 16:22
34:22 23
37:14 40:2,4
68:5,7,16,18
75:19,22
83:5,15
95:19,21 96:2
103:11,13,18
105:22 107:
115:7 1 :8
118:1 9:22
128 .7
-23 33:1
47:14 77:10
95:11 118:4
137:17,24
103
47:16
11
118
46:11
119
82:16 95:1
119.07
14:19
11th
85:3 111:21,
22 121:18
12
11:5,9 49:8
58:19
120
15:18
1353
9:9,13,20Assy
12:12
1374
12.
28:14,
29:11
91:17
14th
31:4 38:5
45:1 91:5
127:11 129:5
130:2,8
15th
48:2 55:14,25
122:15 130:2
16
11:9 36:16
79:16 80:8
120:22
11:5 29:13 17
51:9 101:2,5 10:5 11:25
111:25 135:11 12:5 45:2
91:18 92:2
17th
70:17
18
9:25 10:17
31:22 124:20,
23
19
10:5 26:2
75:21
132:7
192
980
99:6
1983
99:8 100:15
110:11
1:00
138:19 140:2
1:42
4:2
1st
122:21,24
2
2
5:7 22:5 25:7
37:13 39:25
40:1,21
74:23,24
103:25 115:5
117:12 119:9
120:7 128:16
2.42
19:4
20
30:1 38:1
94:4 99:12,16
126:12,14
128:14
05
:22
2006
23:21 29:1
33:6,24 35:15
54:14 55:20
72:7 76:5
78:5 102:10
2006-CF-9454
19:10
2012
44:2 50:3
2013
15:19 50:2,4
55:15
2016
8:2
2019
5:25 6:5
26:10 34:6,16
45:1 68:18
69:19 70:13,
24,25 73:15
76:5 101:22,
25 103:19
105:8 108:10,
20 114:13
2020
5:2,3 8:17
16:18,22,24,
25 25:25
| 26: 2, 25 | 29: 23 | |
| ---------------- | -------------- | ------- |
| 30: 19 | 36: 16 | |
| 37: 20 | 38: 6 | |
| 44: 5 | 45: 2 | |
| 57: 12 | 79: 2, 10 | |
| 80: 14, 15 | | |
| 84: 22 | 86: 22 | |
| 88: 1, 12, 15, | | |
| 17, 19 | 89: 16, | |
| 18 | 91: 5 | 92: 5 |
| 119: 8 | 120: 3, | |
| 20 | 122: 15, 21, | |
| 24 | 124: 9 | |
| 125: 15 | 126: 8 | |
| 127: 11, 19 | | |
| 132: 3 | 134: 11 | |
20s
20th
91:21
| 21 | |
| --------------------------------------------------------------------------- | -- |
| 10:23 16:24 | |
| 26:16 54:2 | |
| 87:19, 23 | |
| 91:16 93:10, | |
| 11, 18 127:15 | |
| 128:14, 16 | |
21-day
15:5,15,25
17:2,11
27:10,13,17
18,22 31:12
53:18 54:18
62:5 92:10,
11,25
| 21 st | | | |
| -------------------- | -------- | -- | -- |
| 16:19 | 26:2 | | |
| 31:6 | 57:12 | | |
| 91:23 | 131:25 | | |
| 132:3 | | | |
22
130:1
22223
12:5 132:1,4
235 54 : 7
23rd 30:19 36:16, 20 38:4 80:15 86:21 120:20 122:2, 12
24 (a)
14:20
| 25 | |
| --------------- | -------- |
| | |
| 28 : 14 | 29 : |
| 30 : 5 | 94 : 4 |
| 132 : 14 | |
26
26 : 8
26827 68:18 103:19
135:10
276 26:9
27th
70:16 103:14
104:21
29
9:11
| 2nd | | |
| ------------------------------------- | ------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------- |
| 37:19 | 126:7 | |
| 129:5 | | |
| 3 | |
| -------- | -------- |
| 9:25 | 103:25 |
| 110:15 | |
30 40:25 133:16 138:1
30s 109:23
30th
49:6,7
36 111:15,16
37
69:17,21
70:4,13 83:5,
16 95:20,22
96:2 105:4
38
39:1
3:39
95:12
3:57
95:13
3rd 8:17 51:19 53:13
4
4 9 : 25 10 : 8
400
110:15
40s
42
10:14
45
138:1
4 : 53
55
10:5 42:21
44:10,15
95:11 96:23,
24 97:3
134:16
50
78:7 109:22
50s
57
6 : 9
57.103 (a)
20:8
| **57.105** |
| ----------------- |
| 5:2, 8, 11, 16 |
| 6:6, 10, 13 8:5 |
| 15:2, 22, 23 |
| 16:5, 7, 9, 10, |
- 13 17:6 21:16
- 22:7,8,11,21
- 23:3 25:3
- 26:13 27:1,8,
- 23 28:3,6,7
32:2, 10 38:13
39:8 41:20
42:22 24 25
| 53:17,22 |
| --------------- |
| 54:10,19 |
| 64:11 79:19, |
| 23 84:22 86:2 |
| 87:25 90:18 |
93:14 94:15 101:2,4 119:25 123:1, 4 126:10,19 127:21 132:9
57.105(1)(a) 5:17 8:11 22:22
57.105(1)(b) 5:20 13:10 20:9 22:24
57.105(3)(a) 19:17 20 22:10 42:5
59 29:12
5:00 96:17
6 11:25 28:1 47:14 71:20
6
60 109:22
60s 109:23
(::!) 135:6
71 76:20 77:4, 10,12,13,14, 19
72 77:23,24 78:2 117:23
73 15:19
762 5:24 6:4
8 10:8,11,17 120:3 126:21, 23 127:5
8
8th 5:3 26:25 54:1 119:8 122:15
9
9 105 32:24: 8 44:4, 1; spr, 118:4
90 9:12 110:20 5:8
905.17 14:13
905.17(1) 56:19
905.21(1)(c) 55:17
905.27 5:13 13:19 14:24 21:16 25:8 40:7 108:23 109:8, 11,16,20,24 112:15 113:7
114:1 115:9 117:20 119:10 129:18,20 134:25 135:2
905.27(1) 33:9 76:3 78:7
905.27(1)06 76:7
987 26:9
997 8:1
9th :18,25 70:13
0 accompanied 53:23
A
ability 21:19 35:25 53:6 127:1
above-captioned 55:16
above-described 55:23
absolutely 9:8 11:18 31:19 66:9,10 92:24 129:12 132:24 136:4
abuse 116:23 134:23
abused 108:7
accepting 63:6
access 8:15 20:21
23:18 33:4 35:8 36:1 48:17 49:16 50:5 55:18 56:14,17 76:3,6 78:4, 14 118:7 130:22
A9 ceased :23
> accompanying 55:2
accounts 56:11
accurate 60:15 129:9
accuse 66:22
accused 67:15 137:4
accusing 67:3 137:11
achieve 50:8
acknowledge 66:24 83:19
acknowledged 51:3,7 67:2
acknowledges 135:11
acolytes 58:23
Acosta 102:12,16,22 104:17
| **acted**
33:17 | 82:3 | 131:6,8 | 120:21 |
| ----------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| **action**
5:10 6:22
10:25 22:5
38:22 40:23
44:8 46:1
47:21 48:5,9
53:4,14 55:23
56:24 74:15
100:23 116:15
119:15 125:4
131:24 | **administrations**
50:1
**admission**
33:13
**admit**
62:3 77:12
78:15
**admits**
48:7
**admitted**
14:9 32:17,21
33:12 78:11
96:2 117:22
118:11
**admittedly**
21:4
**admitting**
37:14 78:12,
13 93:6
**adopted**
133:12 136:8
**advance**
135:7
**advantage**
119:5
**advocate**
112:25 113:7
**advocated**
125:7
**advocating**
129:19 133:12
**affidavit**
18:10,11
29:22 55:3,5,
7 57:3
124:18,24
125:1,8 | **affidavits**
18:10 107:5
124:4
**affirm**
43:11 98:8
**affirmative**
39:18
**afforded**
14:2
**after-the-fact**
86:25
**afternoon**
4:7,13 43:22,
25 63:19
97:2,4,11
98:20 138:16
**agenda**
62:13,16
**agenda-driven**
62:24
**agree**
10:6 66:4
67:17 79:7
81:24
**agreed**
26:21 95:17
97:15
**agreement**
42:17 44:17
95:24 102:15
103:3 106:6
125:24
**aha**
90:13
**ahead**
9:21 93:4
119:19,20 | **aimed**
27:19
**Alan**
104:3
**Albany**
101:13 105:6
**Alex**
102:22 104:17
**Alex [REDACTED]**
102:12
**allegation**
28:5 46:14
**allegations**
47:18,25 76:1
137:10
**allege**
10:14 45:24
**allowed**
77:18 93:9
103:3
**allowing**
55:18
**aloud**
55:9
**alternative**
18:3
**amassed**
109:22
**Amelia**
97:17 138:2
**amended**
4:4,25 15:10,
13,21 16:12,
14,16,24
17:18,24 18:7
25:21,25
26:12,18,22 |
| 27:9,16 28:9,
12 29:9,11,
15,18,24 30:1
31:8,11,14
32:25 43:4
44:4 45:1
46:8 57:5
74:13,14 75:3
92:3,8,16
94:6 117:2,4,
8,17 132:8,
15,18,21
137:11 | 4:6
**anticipate**
139:7
**Antonacci**
48:21
**anytime**
132:19
**apologize**
16:20,22
69:18 70:5
**apparently**
53:8
**appeal**
41:18 135:17,
18
**Appeals**
111:22
**appearances**
4:6
**appears**
60:9
**appellate**
100:8
**applicable**
28:4
**application**
5:21 7:4
22:25
**applied**
20:2,11,12
31:21
**applies**
14:14 20:8,19
**apply**
19:17 27:23
28:8
**approach**
4:21 23:7 | 68:8
**appropriately**
15:8
**approximately**
99:12 101:20
**arguable**
13:6
**argue**
21:6 27:14
33:14 47:3,5
72:24 73:1
91:2 93:23
116:17 139:8
**argued**
115:10 134:10
**arguendo**
11:25
**arguing**
88:13 92:21
**argument**
13:10,20 14:6
15:12,22
18:14 19:25
20:7,16,19
21:8 25:18
31:8 42:3
47:1,2 60:10,
12 78:18
86:18 88:18
89:2,21
93:21,22
94:1,12,13
97:3 116:20
133:1,24
139:7,19
**arguments**
14:25 18:6
22:17 27:9
28:10 29:16, | 19 31:8 36:23
41:10 46:23
74:19 85:19
92:3,23 97:8,
23 110:17
111:6 132:25
135:7,12
136:2 138:23
139:1,4,20
**Aronberg**
4:15,16,17
7:17 9:17
10:15,20
13:3,8,15,17
15:3,9 16:19,
23 17:10,16
18:15,19
19:10 20:20
23:4 28:24
42:13 43:9,
17,22 44:1,20
46:13 47:19
48:1,4,11
49:15 51:8,25
52:9,20 54:9
55:13 63:19
65:16,20
66:12 68:12
73:10 88:20,
21 91:4 94:23
95:5 103:20
105:8 109:18
124:18 131:14
136:20
**Aronberg's**
4:25 8:12
13:11 22:7,10
29:22 87:24
124:24 131:6
**Aronson**
88:19 |
| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| **arose** | **assuming** | 50:1,2 55:14,
25 71:15 | 38:6 42:12 |
| ------------------------------ | ------------------------------ | -------------------------------- | -------------------- |
| 42:19 | 11:25 80:23 | 80:12,13,19,
20,23 81:1,25 | 50:6 71:9,15 |
| **arrest** | **attached** | 80:12,13,19,
20,23 81:1,25 | 101:18 102:6 |
| 33:21 102:22 | 54:5 | 84:23,25 | 103:7 104:15, |
| **arrested** | **attacked** | 85:7,17,18 | 20,24 105:1, |
| 102:5 | 58:19 | 87:15 88:3 | 10,16,19,25 |
| **article** | **attacking** | 91:6,12 94:7,
10 99:1,17,22 | 106:13,18 |
| 14:20 59:1,2 | 61:2 | 100:10 | 112:18 |
| 137:3 | **attacks** | 102:13,20,25 | 113:12,13 |
| **articles** | **attempt** | 103:19 105:7 | 114:14 118:16 |
| 48:15,25 | 26:25 | 108:7 110:10 | 120:17 121:6, |
| 58:20 61:1,2,
3,25 62:2,4 | **attention** | 111:2,10,19 | 12,20 122:11, |
| 73:4 109:13 | 65:2 128:15 | 112:6,8,11,
13,23 113:1, | 124:9,14 |
| **articulately** | 135:6 | 13,23 113:1,
2,6,18,19,21, | 125:8 126:4, |
| 79:13 | **attorney** | 24 114:6,23 | 9,17,25 |
| **asks** | 4:16 6:21,24 | 115:4,18 | 127:17 128:16 |
| 76:12 | 7:24 10:6,9,
13,16,19,25 | 116:9 117:8 | 129:10 |
| **assembled** | 11:13,16,24 | 118:13 119:24 | 130:19,24 |
| 106:8 107:4 | 12:9 19:14 | 120:5,19 | **attorneys** |
| **assert** | 23:21 24:20 | 121:2,7,16,25 | 13:12,25 23:2 |
| 54:13 116:15 | 25:22,24 | 122:4,20 | 34:11,13 |
| 119:3 | 26:17,23 | 123:12 124:23 | 41:11 42:15 |
| **asserted** | 27:14 28:25 | 125:2,16,23 | **attorneys'** |
| 5:9 74:14 | 29:4 30:2,6,
12,15,18,20, | 127:7,12 | 4:5 6:15 |
| 119:6 134:4 | 21 31:13,17 | 128:2,10,21, | 15:7,11,14 |
| **asserting** | 33:12 34:1 | 24,25 129:6 | 16:11,12,17, |
| 117:20,21 | 35:2,10,11, | 131:5,15,23 | 22,25 17:21 |
| 119:1 120:8 | 13,19,21,23, | 132:5,8,13 | 18:2,5,8 |
| **assertion** | 25 36:7,8,10, | 133:3,8 | 38:24 39:12 |
| 47:13 | 11,17,21,25 | 134:4,8,9 | 44:4 53:25 |
| **assistant** | 37:8,21 | 135:25 | **August** |
| 99:22 110:10 | 38:10,12,16 | 136:18,19 | 29:23 68:18 |
| **associates** | 39:11,15 | 54:1 6:18 | 69:19 103:14, |
| 14:1 | 40:10,13,18 | 24:5,9,19,25 | 19 104:21 |
| **assume** | 41:5 42:18 | 29:21 33:2 | 124:9 125:15 |
| 54:4 69:7 | 43:17 44:2 | 34:20 35:2,5, | 134:11 |
| 93:4 | 48:2 49:15 | 15 36:18 37:4 | **Authorities** |
| | | 50:1,2 55:14,
25 71:15 | 26:7 39:1 |
| | | 80:12,13,19,
20,23 81:1,25 | 111:25 |
| | | 84:23,25 | |
| | | 85:7,17,18 | |
| | | 87:15 88:3 | |
| | | 91:6,12 94:7,
10 99:1,17,22 | |
| | | 100:10 | |
| | | 102:13,20,25 | |
| | | 103:19 105:7 | |
| | | 108:7 110:10 | |
| | | 111:2,10,19 | |
| | | 112:6,8,11, | |
| | | 13,23 113:1, | |
| | | 2,6,18,19,21, | |
| | | 24 114:6,23 | |
| | | 115:4,18 | |
| | | 116:9 117:8 | |
| | | 118:13 119:24 | |
| | | 120:5,19 | |
| | | 121:2,7,16,25 | |
| | | 122:4,20 | |
| | | 123:12 124:23 | |
| | | 125:2,16,23 | |
| | | 127:7,12 | |
| | | 128:2,10,21, | |
| | | 24,25 129:6 | |
| | | 131:5,15,23 | |
| | | 132:5,8,13 | |
| | | 133:3,8 | |
| | | 134:4,8,9 | |
| | | 135:25 | |
| | | 136:18,19 | |
| | | **attorney's** | |
| | | 5:1 6:18 | |
| | | 24:5,9,19,25 | |
| | | 29:21 33:2 | |
| | | 34:20 35:2,5, | |
| | | 15 36:18 37:4 | |
| | | 50:1,2 55:14,
25 71:15 | |
| | | 80:12,13,19,
20,23 81:1,25 | |
| | | 84:23,25 | |
| | | 85:7,17,18 | |
| | | 87:15 88:3 | |
| | | 91:6,12 94:7,
10 99:1,17,22 | |
| | | 100:10 | |
| | | 102:13,20,25 | |
| | | 103:19 105:7 | |
| | | 108:7 110:10 | |
| | | 111:2,10,19 | |
| | | 112:6,8,11, | |
| | | 13,23 113:1, | |
| | | 2,6,18,19,21, | |
| | | 24 114:6,23 | |
| | | 115:4,18 | |
| | | 116:9 117:8 | |
| | | 118:13 119:24 | |
| | | 120:5,19 | |
| | | 121:2,7,16,25 | |
## authority
7:23 10:22 18:17 55:18 13,20 73:22 76:24 108:7 24:15 56:6, 72:9 74:17 77:15 116:21, 24 117:15 120:10,11,14 134:22 135:1
## authorized
22:15
## authorizing
6:14
## AV
100:20,21
# award
6:14,17 8:4
## awarded
6:11 19:22 42:5 101:3
## awarding
42:20
## aware
51:18 57:14, 15 90:1 109:
## bachelor's
99:5
10,19 80:6, 14,22 81:13 82:3,5,12 84:17,21 86:2,21 88:1, 12,19 89:10, 16 92:4 93:4, 12 95:10 96:25 97:5,24 99:16 102:5, 10,11,24 104:19 106:17 107:13 109:19,23 128:13 133:4, 6,9 138:15,18 139:15,16 140:1
# background
36:4 99:4 112:22
# backing
33:
# b
ad (;) 89:6
## :: ad
# Bailynson
5:23 6:4 32:6
# ball
-N-S- 53:7,17
# back
21:11 58:14 59:17,19 63:23 64:18 65:21 79:2,
# Bankunited
38:25
# bar
129:20
# barred
115:9
# Barry
48:23 81:13
82:2,12 102:24 106:13 110:24
# based
8:6 17:5 83:7 108:4 112:21 136:10
## basically
80:2 85:10
# basis
5:11 13:6 31:19 39: 42:24 64:2 7 114x20 175:
,16,17 10 47:16, 54:7
# battles
58:17
# BCS
132:22
## Beach
4:11 23:20 33:2,6,22 46:15 48:7,16 49:15 50:2, 15,23 51:1 55:15,20 58:7,16,18,21 59:4,8,16 60:5,6 62:11 65:22 68:23 72:7 74:13 91:16 101:11, 16,18 102:20 105:11,18 107:7 108:6 111:1 115:15, 17 126:5
# bearing
82:18
# beating
110:25
# began
4:2 33:22
# ginning
3:13 46:21 :6 59:22 60:24 61:12 133:9
# behalf
4:10,14 101:11 103:20 115:16 119:3
# belief
89:3 125:20
# believed
58:23 113:17 122:3
## believes
74:5
# Belle
111:1
# Bideau
4:8 51:24 52:8,18 58:1 60:17 62:17, 25 63:10,16, 18 68:1,5,7, 11 69:21 70:1,5,12 71:25 72:4 74:8,11 75:8, 11,14,18,21, 24 77:9,11,22 78:1 82:22,25 83:2 87:18,22
| 94:3,5,18 | bottom | | | 11,15 20:11,
12 25:15
26:3,6,9,10
27:5,6 28:1,2
31:21 32:4,7
36:6,9,10
37:10,22
38:4,25 41:9
42:1,2,17,18
46:2 49:25
56:15 62:6
65:8,10,13,
15,18,19,23,
24 66:1,13
67:1,11,18
76:11,25
77:16 78:10
85:5,8,9,10,
15 86:4 87:15
88:13 90:18
91:17 93:20
101:3,6,11
107:13
108:15,17
109:1,16
110:5,22,23,
25 111:3,4,
13,16,17,21,
23 112:3,4,7,
8,14,17,21,22
114:6,18,24
115:12,13,14
116:3,25
117:23 119:2,
16,17 120:5,
19 121:2,8,
15,18,24
128:9 129:17
130:14 131:5,
8,13,19,20
133:2,7,10,
13,23 136:8, |
| --------------- | ----------------------------- | ----------- | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| big | 72:2 | C | | |
| 19:13 61:16 | box | CA | | |
| 69:18 70:6 | 34:15 | 4:10 9:17 | | |
| 102:15 140:9 | Boyajian | | | |
| binder | 106:23 108:25 | | | |
| 8:23 23:11 | 136:13 | | | |
| 26:8 27:12 | break | | | |
| 28:1 39:2 | 95:9 | | | |
| 40:25 42:21 | bright | | | |
| 67:23 68:9,13 | 8:16 | | | |
| 69:18 71:20 | bring | | | |
| 80:9 95:22 | 34:18 94:3 | | | |
| 103:14 111:25 | 96:24 97:4 | | | |
| | 103:10 107:20 | | | |
| | 139:6 | | | |
| binders | broad | | | |
| 70:6 | 84:12,13,14 | | | |
| bit | broader | | | |
| 33:20 70:3 | 118:10 | | | |
| 126:7 | broken | | | |
| blah | 124:8 | | | |
| 94:11 | brought | | | |
| | 34:8 65:23,
24,25 117:23 | | | |
| block | Broward | | | |
| 12:7 73:5 | 48:22 59:3 | | | |
| | 85:7 112:8,
11,13 | | | |
| blow | Buitrago | | | |
| 75:10,14,22 | 4:9 | | | |
| 87:20 | burden | | | |
| board | 32:10,13 | | | |
| 117:5 | 41:22 | | | |
| Boca | Bureau | | | |
| 99:15,18 | 100:12 | | | |
| Bock | business | | | |
| 48:6 | 65:3 | | | |
| boil | | | | |
| 11:10 | | | | |
| book | | | | |
| 95:18 | | | | |
| botch | | | | |
| 32:6 | | | | |
18 137:13
## cases
39:19 100:1, 7,10,14,16,17 107:6,9,11 109:2,15,16, 22 110:11,12, 15,20,22 111:7,18
## catch
58:11
## category
124:2
# Catholic
109:13
## center
58:12
# central
6:5
# century
23:24
## cetera
109:24
# challenge
74:1
# chance
# 93:1 cites
change 76:7 85:2
17: 13717 citizens 6,12 60:6 • •,13,24 1:10,18 1 3:3,6
5:13 13:19 claim
14:13,19,24 5:12,18,21 82:16 95:1 6:21,25 7:3 109:12 110:20 8:11 15:14 19:24 20:13 21:7 22:3,8, 22 25:4,5,7, 10 32:14,16, 18,22 33:14,
## charge
85:11 106:4
## chat
65:13
## chief
107:7 108:5
# chose
113:6
## Circuit
48:2 55:14,25 85:3 111:21, 22 121:18
# circumstance
64:13
# circumatanc
6:10 77
# cite
6:
# changed
130:12
# changing
39:16 130:17 civilly
## chapter
:9 121:17 127:2,5
# civil
6:22 10:25 13:23 14:4,10
76:10 100:13 107:9 115:12
119:16
115:13
## 19 35:12
37:7,16 41:2, 3,12,15,23 42:2,9 56 74:15, 21,24 14 ,21 119:22
1
20:9 22:11 34:18 59:3
# clarification
53:24
# Clayton
116:25
# clear
14:15 19:2 26:3 56:5 58:6 61:12,13 65:1 66:17 89:24 94:2 130:20
# clerk
10:9,24 11:12,15,24 12:8 14:8,21 18:16 21:23 22:13 24:3,16 29:6 30:3,8, 13 35:9,21
36:1,13 37:1, 9 40:18 41:4, 6,17 43:11,18 48:6 56:14, 20,22 57:15, 17 61:11 62:8 85:12 88:6 90:6,7 91:6, 9 94:8,14 6:9 98:8,14 1 4:15 116:6 118:8 123:6, 10,14,15,16, 24 124:6 125:11 128:23 129:8 131:1 133:19 134:6, 8
# clerk,s
37:23 38:8 53:6 56:17 61:6 123:17 126:5 135:5
# client
65:5 73:4 83:19 92:9
# close
31:7 37:2 43:2 97:20
# closer
98:24
# closing
42:25 97:23 138:23 139:1, 4,6,18,19
# closings
139:12
# closure
| **cocaine** | 32:25 33:8 | **concluded** | **constrained** |
| ----------------------- | -------------------- | ----------------------- | ------------------------ |
| 59:11,13 | 44:25 45:2,24 | 56:15 139:22 | 134:24 |
| **coherent** | 46:8,14 60:4 | **conclusion** | **construction** |
| 139:2 | 61:21,24 | 36:6 108:6 | 135:8 |
| **coincidently** | 66:15,17 | 114:10 136:9 | **construe** |
| 110:23 | 74:13,14 | **conclusions** | 76:12 |
| **Colgate** | 75:2,3 78:6 | 106:20 | **construed** |
| 99:5 | 81:18 86:8, | **condensed** | 27:4 |
| **commended** | 12,15,24 | 9:3 | **contacted** |
| 41:13 | 90:12,22,23 | **conduct** | 101:12,19 |
| **comment** | 110:2 114:12, | 43:1,2 | **contacting** |
| 135:13 | 13,22,23 | **conducted** | 34:19 |
| **commercial** | 115:3,5,19 | 24:12 35:14 | **contained** |
| 99:12,18 | 116:7,10,13 | 106:11 | 108:12 115:1 |
| 100:3,6 | 117:2,4,8,17 | **conference** | 135:2 |
| **common** | 129:15 137:11 | 128:9 | **contentions** |
| 27:3 | **completely** | **confidential** | 56:12 |
| **communications** | 29:3 32:15 | 11:23 14:18 | **contingency** |
| 104:10,14,18 | 41:25 113:16 | **confirm** | 42:16 44:16 |
| 105:23,24 | **complicated** | 117:3 132:15 | **contingency-fee** |
| 107:25 125:20 | 112:9 | **conjunction** | 64:2 |
| **community** | **complied** | 5:2 116:19 | **continue** |
| 58:16 | 31:11 | **connection** | 50:7 58:25 |
| **compare** | **comply** | 73:10 76:10 | 62:1 70:11 |
| 28:13 | 15:15,25 | **consideration** | **continued** |
| **compared** | 27:8,12,17 | 25:17 | 58:24 62:4 |
| 132:22 | 94:10 | **considered** | 108:14 117:19 |
| **comparison** | **compromise** | 26:22 | 121:4 |
| 32:20,24 | 38:20 | **consistent** | **continuing** |
| 118:3 | **comptroller** | 88:24 | 120:18 122:1 |
| **compelling** | **concern** | **Constitution** | **contract** |
| 77:1,17 | 23:25 41:10 | 14:20 100:19 | 100:5 |
| **competent** | **concerned** | 116:23 | **contractual** |
| 8:6 | 67:11,12 | **constitutional** | 38:24 |
| **competitor** | 114:4 133:7 | 25:10 34:11 | **contrary** |
| 50:22 | **conclude** | 40:6 42:8 | 22:17 39:13 |
| **complaint** | 97:6,7 114:5 | 100:14 | 47:18 48:1 |
| 10:14 23:18 | | | |
**control**
7:20 8:15
10:3 20:22
29:1 35:18,20
40:11,15,17
45:15,17,18
46:3,5,25
47:19 48:3,14
52:5 53:1,5,
11 56:1 59:23
60:25 62:10
63:8 67:21
80:3,4 90:4
**conversations**
83:8 104:1
122:19 136:4
**copies**
37:1 84:16
125:17
**copy**
23:10 26:18
44:11 53:19,
22 54:10
55:5,6 57:7
68:2
**copyright**
100:4
**corner**
9:16
**corollary**
107:23
**correct**
20:10 44:5,6
53:19 54:16
55:1,4 57:6,9
60:10,12,16
64:14 65:13
66:18,20,24
67:6,8,19,21
68:19,20,23
69:4,10 70:20
71:1,2,6,8,
13,16 74:1,
13,17,18,22,
24,25 76:7,15
79:10,22,24
82:13 83:5,15
84:15,18
86:14 87:2,9
88:15 91:17
92:5,12,13,17
94:16,17
96:5,7 111:14
117:10,11
121:14 122:21
124:11 126:18
127:6,9,23,25
128:1 132:6,
12 134:15
135:17
**correspondence**
56:9
**counsel**
5:5 28:5
64:5,7,10
95:17 104:2,
11 106:15
114:14 120:18
121:20 122:12
125:22 135:5
**counsel's**
24:19
**count**
5:7,10 21:1
22:5 25:7
32:25 37:13,
14 39:25
40:1,2,4,21
74:23,24
75:19,22
108:23 115:5,
7 117:8,9,12
118:12 119:9,
22 120:7
134:4,7
135:14,16
**country**
50:17
**counts**
53:16
**County**
33:6,22 48:7
49:15 50:2
55:15,20 60:6
85:7 101:18
102:20 107:7
111:1 112:8,
11,13 115:15
126:5
**County's**
23:21
**couple**
57:19 63:21
80:5 118:2
**court**
4:3,18,22,24
6:1,17,23 7:1
8:3,7,21,25
9:6,10,14,19,
21 11:21
12:11,14,21,
24 13:5,22
14:3,23
17:19,23,25
19:23,25
21:3,7,18,22
22:12,16
23:5,8,12,16,
17 24:1,3
25:20 26:3,11
28:3 30:4
31:16,23
36:13 38:7
39:3,6 41:15
42:20 43:4,7,
10,18,24
44:18,22 46:9
47:14,23
49:12 51:21
52:1,11,14,21
54:4 55:10
56:22 57:15
58:5 60:19
62:19 63:2,
13,15 68:6,10
69:20 70:2,7
74:10 75:5,9,
12,16 76:2,12
77:14,17,20
82:21,24
88:4,7 89:11
91:2,11 92:15
94:9,19 95:5,
10,14,16,20,
21 96:5,12,
16,19,22
97:13,19,23,
25 98:4,14,
16,22 109:2
111:22 114:1
116:21,24
117:15 129:2
134:16,21
135:11
137:16,21
138:2,5,9,11,
14,18,21
139:1,17,24
140:1,5,7
**court's**
6:16 8:5
39:20 55:18
| 72:9 73:21 | |
| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| Cross | date debate |
| 63:15,17 74:17 76:23 | 57:10 131:23 110:5 |
| 138:22 139:17 120:10,13 134:18 | dated decide |
| cudgel | 36:19 69:19 128:10 |
| 47:10 courtroom 86:18 | dates decided |
| cumulative courts | 49:5 107:18,19 113:1 116:16 |
| 63:10 6:9 | Dave 128:10 131:18 |
| curiously | 4:16 10:19 |
| 50:23 cover | 44:1 49:15 d cision :15 41:18 |
| custodian 59:9,12 | 55:13 103:19 |
| 48:8 84:24 coverage 50:21,22 custody covered 7:20 8:15 62:20 63:13 10:3 20:21 134:22 24:4,20,21,23 28:25 36:22 covering 37:5 40:11, 48:23 crack 45:14,16 59:11,13 46:3,5,2 create 47:19 22:2,4 49:2 52: 119:14 | 105:7 124:23 49:2 85:3 131:21 135:25 David 137:7 4:15 1 43:17 declaration 76:11,21 77:13,19 declaratory 6:3 32:6 5:10,12,18,20 21:2,6 22:3, 5:5 51:2,5 9,21 25:4,9 89:24 130:6, 32:25 37:7 7,8 140:11 40:2,5 41:3, days |
| 1 created 131:11 67:21 :3,4 85:10 creates 90:4 102:8 49:16 118:17 creation cut 22:1 66:23 credibi ty , D criminal damage 14:4,11 34:12 104:13 37:2 56:15 damaging 59:2 76:11 108:1 104:2 107:13 database 109:5 115:12, 50:16 14 119:17 | 9:23 12,16 42:3,9 26:2,16 38:9 2:10 55:16,24 54:2 82:13 56:3,25 67:7 91:17,18,25 74:16,21 92:2 93:10, 75:20,22 11,18 132:7 117:9,13,17, DCA 24 118:12,19 5:24 6:5 8:2 119:22 120:7 15:19 26:10 133:21 134:3 28:2 36:6 declare deal 39:10 67:7 15:12 23:23 76:2 77:17 33:25 64:23 defamation 66:23 102:9 100:6,7 109:25 defects dealt 25:19 31:18 109:17 defend |
| 10:25 11:6
44:8 | **demand**
5:2,4,9 15:2
16:5,10 17:14
22:7,8,21
53:22 54:11,
14 56:13
119:25 | **deserve**
50:9
**Design**
15:17,18
**destroy**
108:2
**deter**
6:7 39:8
**determination**
11:21
**determined**
119:13 131:19
134:20
**determines**
19:23
**determining**
8:4 34:14
110:7 111:10
**develop**
116:16
**developed**
116:20
**devoid**
32:14 41:24
**difference**
18:7 19:13
61:16
**diligence**
7:9 34:17
107:17 108:8
**direct**
9:24 43:20
47:12 53:14
98:18 139:10
**directly**
64:25
**disagree**
41:17 | **disciplinary**
100:23
**disclose**
113:20,21
**disclosed**
13:18,24
21:20 46:17
**disclosing**
30:3 94:8
**disclosure**
7:21 13:22
14:12 19:4
57:23 72:8
73:23 76:5,21
78:20 88:5
104:19 113:7
120:7
**discourage**
39:9
**discovery**
123:6,10
**discussed**
107:8
**discussing**
109:18 130:13
**discussion**
131:4,12
**discussions**
108:5 114:13,
17,18 121:19
122:10,11
135:23
**disingenuous**
90:8
**dislike**
58:15
**dismiss**
5:7 8:18 25:7 |
| -------------------- | --------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 10:25 11:6
44:8 | **demand**
5:2,4,9 15:2
16:5,10 17:14
22:7,8,21
53:22 54:11,
14 56:13
119:25 | **deserve**
50:9
**Design**
15:17,18
**destroy**
108:2
**deter**
6:7 39:8
**determination**
11:21
**determined**
119:13 131:19
134:20
**determines**
19:23
**determining**
8:4 34:14
110:7 111:10
**develop**
116:16
**developed**
116:20
**devoid**
32:14 41:24
**difference**
18:7 19:13
61:16
**diligence**
7:9 34:17
107:17 108:8
**direct**
9:24 43:20
47:12 53:14
98:18 139:10
**directly**
64:25
**disagree**
41:17 | **disciplinary**
100:23
**disclose**
113:20,21
**disclosed**
13:18,24
21:20 46:17
**disclosing**
30:3 94:8
**disclosure**
7:21 13:22
14:12 19:4
57:23 72:8
73:23 76:5,21
78:20 88:5
104:19 113:7
120:7
**discourage**
39:9
**discovery**
123:6,10
**discussed**
107:8
**discussing**
109:18 130:13
**discussion**
131:4,12
**discussions**
108:5 114:13,
17,18 121:19
122:10,11
135:23
**disingenuous**
90:8
**dislike**
58:15
**dismiss**
5:7 8:18 25:7 |
| 10:25 11:6
44:8 | **demand**
5:2,4,9 15:2
16:5,10 17:14
22:7,8,21
53:22 54:11,
14 56:13
119:25 | **deserve**
50:9
**Design**
15:17,18
**destroy**
108:2
**deter**
6:7 39:8
**determination**
11:21
**determined**
119:13 131:19
134:20
**determines**
19:23
**determining**
8:4 34:14
110:7 111:10
**develop**
116:16
**developed**
116:20
**devoid**
32:14 41:24
**difference**
18:7 19:13
61:16
**diligence**
7:9 34:17
107:17 108:8
**direct**
9:24 43:20
47:12 53:14
98:18 139:10
**directly**
64:25
**disagree**
41:17 | **disciplinary**
100:23
**disclose**
113:20,21
**disclosed**
13:18,24
21:20 46:17
**disclosing**
30:3 94:8
**disclosure**
7:21 13:22
14:12 19:4
57:23 72:8
73:23 76:5,21
78:20 88:5
104:19 113:7
120:7
**discourage**
39:9
**discovery**
123:6,10
**discussed**
107:8
**discussing**
109:18 130:13
**discussion**
131:4,12
**discussions**
108:5 114:13,
17,18 121:19
122:10,11
135:23
**disingenuous**
90:8
**dislike**
58:15
**dismiss**
5:7 8:18 25:7 |
| 33:8 37:12 | disputes | Douglas | early |
| -------------------- | ------------------ | ------------------ | --------------------- |
| 39:25 40:1 | 100:4,5 | 4:14 | 36:19 79:19 |
| 46:23 47:2, | distracted | drafted | easier |
| 13,22 51:19 | 65:15 | 66:21 126:20 | 9:12 69:23 |
| 62:4 71:19 | District | drafting | 79:14 |
| 72:24,25 | 102:7,13 | 103:6 | easy |
| 73:11,17,25 | divert | draw | 70:10 |
| 74:19 78:6 | divided | drawn | 99:7 |
| 88:25 89:7 | 65:2 | 8:16 | editorial |
| 92:9 93:1,9 | document | drive | 135:24 |
| 115:1,19,23 | 38:2 49:3 | 139:15,16 | editorially |
| 116:6,10 | 51:3 123:22 | drop | 136:3 |
| 117:12 118:22 | documentation | dropped | educational |
| 119:9 | 108:2 | 54:21,22 | 99:3 |
| **dismissal** | **documents** | **dropped** | **effect** |
| 26:5 27:18 | 24:13,17,21, | 15:3,9 16:18, | 15:5 30:5 |
| 38:11,21 | 22 29:20 | 23 17:10,16, | 94:9 119:5 |
| **dismissed** | 34:3,25 | 20 21:24 52:6 | **effusive** |
| 22:5 25:22 | 40:14,16 | 54:17,24 57:8 | 135:3 |
| 26:1 27:15 | 45:6,10,12, | 60:15 91:24 | **egotistical** |
| 31:2,6 38:9 | 13,15,17,18, | 131:24 133:13 | 135:3 |
| 39:15 41:5 | 21 46:1,3,5, | 134:9 | **egregious** |
| 53:16 57:4, | 22,25 47:4 | 132:5 | 43:1 |
| 13,14 91:16 | 48:8,18,24 | **due** | **Eighth** |
| 92:8 93:2,8, | 50:25 53:2,7, | 7:9 34:17 | 100:18 |
| 13,15,18 | 10 59:23 | 107:17 108:8 | **elected** |
| **dismisses** | 61:7,13 62:10 | **duly** | 44:2 50:3 |
| 38:18 | 69:9 72:23 | 43:18 98:14 | **email** |
| **dismissing** | 73:3,7,13 | **duty** | 53:23 54:10 |
| 40:21 | 74:6 81:14,20 | 23:22 | **embarrass** |
| **dispense** | 84:10,11,12, | **E** | **embarrassing** |
| 12:20 97:16 | 18 89:4 | **earlier** | 62:2 |
| **dispositive** | 101:17 103:7, | 60:3 89:11 | **empaneled** |
| 25:15 | 21 104:7,18 | 91:12,14 | 106:9 |
| **dispute** | 105:15 118:13 | **emphasize** | |
| 32:22 33:10 | 134:6 | | |
| 37:15 64:21 | **domain** | | |
| 78:8,12 | 107:14 | | |
| 47:24 | **Epstein** | 97:2 | 14:19 |
| -------------------- | ---------------------- | -------------------- | ------------------ |
| **employees** | 19:9 31:5 | **eventually** | **exercise** |
| 14:1 | 33:23 34:4,8 | 54:21 57:15 | 134:25 |
| **employment** | 45:5 49:4,16, | **evidence** | **exercised** |
| 100:5 | 21,25 50:5 | 8:6 12:16,17 | 131:21 |
| **enclosure** | 58:10 59:16 | 15:6 22:18 | 9:10,11 12:13 |
| 28:17,22 | 60:25 66:4,5, | 30:11 31:9,18 | 28:16 29:8,11 |
| **encouraging** | 68:25 69:1,5, | 33:5,16,21 | 32:24 33:1 |
| 27:19 | 60:25 66:4,5, | 40:9,12 43:12 | 34:22,23 |
| **end** | 68:25 69:1,5, | 55:19 76:4,22 | 36:16 38:1,2 |
| 16:6 18:6 | 83:10 101:11 | 78:4,14 83:14 | 40:25 42:21 |
| 37:6 53:25 | 102:3,4,5,23 | 95:23 96:3 | 44:10,15 49:8 |
| 97:10 108:9, | 103:2,8,22 | 98:9 118:8 | 51:9 67:23 |
| 20 118:18 | 104:3 106:5 | 139:22 | 68:5,7,9,15, |
| **engage** | 115:13 129:7 | **evident** | 16,18 69:20, |
| 44:7 110:1 | 130:22 137:1 | 14:14 56:8 | 21 70:13 |
| **engagement** | 23:19 33:21 | **ex-wife's** | 71:20 79:16 |
| 44:11,16 | 50:8 | 59:4,5 | 83:5,15 |
| **enter** | **equal** | **exact** | 87:19,23 |
| 12:11 103:3 | 6:19 | 32:8 | 91:16 94:4 |
| 119:9 | **ESQ** | **exaggerated** | 95:18 103:11, |
| **entered** | 98:13 | 59:1 | 13,14,18 |
| 5:6 40:20 | **essential** | **examination** | 105:4,22 |
| 41:1 134:12 | 112:18 | 13:3 43:20 | 107:24 |
| **entire** | **essentially** | 63:15,17 | 111:15,16 |
| 55:11 | 101:14 112:9 | 94:21 98:18 | 117:1 118:4 |
| **entirety** | 121:25 | 138:22 139:18 | 120:22 124:13 |
| 43:5 | **establish** | **exceptional** | 126:12,13 |
| **entities** | 5:19 7:3 | 76:25 77:16 | 127:15 |
| 11:6 | 20:11 22:24 | **exceptions** | 128:14,16 |
| **entitled** | **established** | 5:14 | 130:9 132:1, |
| 39:11 72:15 | 49:14 | **exclusively** | 4,14 133:15, |
| 73:3 76:3 | **establishment** | 125:5 | 16 |
| 89:3 119:6 | 8:9 20:2 21:9 | **excuse** | **exhibits** |
| 123:4 | **estate** | 56:2 | 12:15,21 |
| **entity** | 100:4 | **excused** | 28:13,14 |
| 18:16 22:14 | **event** | 95:5,7 140:3 | 29:13 81:8 |
| 71:14 | 91:4 96:22,24 | **exempt** | 83:14 95:18, |
| exist
31:9 92:20
existed
51:7
existing
7:4 20:1
21:9,13
exists
32:22 33:10
37:15 43:2
78:8 118:10
expanded
6:10
expansive
135:8
expect
12:3
expectation
20:3
experience
99:9 110:9
experienced
34:10
expert
18:12 106:24
experts
97:16
explain
19:18 52:21
60:21 85:6
explained
36:9
explaining
49:10
exposed
23:2
extension
19:25 21:12,
| 15 42:4
extensive
110:9
extent
111:5
extra
68:1
extraordinary
49:1
extreme
58:15
extremely
103:4
F
F-E-R-E-R-E
27:25
Facebook
48:19 50:20
51:4,17
facets
109:4
fact
5:11 8:9,16,
17 10:14 12:8
13:6 41:23
47:4 48:5
54:15 58:9
61:4 62:12
63:7 64:19,22
66:17 69:16
77:14 86:1
88:12 97:9
106:9 111:3
facts
5:19,22 7:2,
5,12 16:2
20:3,11 22:23
| 23:1 25:18
32:15 39:12
41:25 56:7
59:5 108:9
112:9 136:10
factual
20:16,19
108:13
125:14,15
factually
136:3
failed
17:11 18:25
20:7 29:3
31:13 92:9
fails
20:25 22:10,
22
fair
64:6 91:1
93:25
fairly
106:12
faith
19:25 20:17,
18 21:8 32:22
33:10,17
37:15 42:3
58:3 73:8
78:7,12 89:6
117:23 118:10
familiar
44:21,24
46:13 51:19
87:9,10
110:16
family
62:23
fast
| 96:14 126:7
favor
14:7 41:16
57:16
FBI
91:12 102:6
104:15 105:25
123:14 125:23
federal
36:6 101:5
109:15 110:3,
22 111:22
112:10
feds
66:24
fee
6:18 42:19
44:16 93:8,13
128:6,13
feel
97:25
feels
137:9
fees
4:5 5:1 6:11,
15 15:7,11,14
16:11,12,17,
22,25 17:21
18:2,5,8,9,11
25:25 26:15,
24 27:16
28:21 29:15
36:18 37:25
38:24 39:12
42:11,20,22
44:4 53:25
59:20 120:1
122:21,24
127:18,20,25
128:3 132:8
|
| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| **felt** | 79:19 86:2 | 108:16 109:20 | 25:8,11 32:2 |
| ----------------- | ---------------- | -------------------- | ------------------- |
| 23:22 88:23 | 87:25 91:15 | **finding** | 33:9 40:7 |
| 105:2 112:23 | 92:8,12,17 | 39:21 102:18 | 42:7,16,17 |
| 116:24 | 93:5,17 | 104:1 | 48:7 55:15,17 |
| 134:24,25 | 108:15,19 | **findings** | 56:19 76:3 |
| **Ferere** | 114:13,23,25 | 8:5 97:9 | 97:17 99:25 |
| 27:25 | 115:3 116:9, | **finds** | 102:13 109:9, |
| **Ferlanti** | 12 122:20,24 | 6:23 | 11 110:8 |
| 8:1 | 123:1 124:10 | **fine** | 116:22 119:10 |
| **Fifteen** | 125:2 128:2, | 60:13 62:21 | **focus** |
| 97:19 | 130:20 131:8 | 138:25 | 65:3 |
| **fight** | 132:19 | **finish** | 125:5 |
| 59:20,21 | **files** | 137:17 139:9 | **focusing** |
| **file** | 15:20 | **finished** | 7:8 |
| 19:2,4 54:25 | **filing** | 97:21 | **follow** |
| 92:3 95:1 | 17:19 18:7 | **firestorm** | 18:25 19:3 |
| 115:18 116:6 | 19:14 26:19 | 102:15,21 | **force** |
| 124:18 126:9 | 27:15 31:13 | **firewall** | 118:13 |
| 127:12 132:8 | 37:12,14,20 | 136:1 | **forced** |
| 133:18 | 38:7 92:18,22 | **firm** | 88:25 89:1,6 |
| **filed** | 108:21 110:1 | 44:7 67:22 | **fore** |
| 5:1 7:11 8:10 | 129:6 | 99:20 | 104:16 |
| 11:14 15:8, | **filings** | **firm's** | **forms** |
| 11,14 16:11, | 6:7,12 40:15 | 18:9 44:11,16 | 137:2 |
| 14,16,20,21, | 44:21 48:11 | **five-minute** | **Fort** |
| 24 17:21,24 | **final** | 95:9 | 99:1,14 |
| 23:18 25:21, | 14:7 18:9,20, | **flesh** | **forward** |
| 24 26:16 27:8 | 21 19:1 40:24 | 109:10 | 50:7 118:21 |
| 29:22 33:7 | 41:1,8 133:15 | **fleshing** | **forwarding** |
| 35:8 44:4,25 | 134:13,18 | 109:8 | 126:7 |
| 45:2 54:1 | 135:18 | **flip** | **found** |
| 56:25 57:2 | **finally** | 23:9 70:4 | 5:24 8:1 |
| 62:3,15 63:22 | 12:5 38:6 | 80:11 | 12:12 15:18 |
| 64:17 65:4 | 42:10 54:22 | **flipping** | 108:15 109:16 |
| 66:13,25 | **find** | 75:6 | 110:21 |
| 67:11 70:25 | 8:22 9:4 | **Florida** | **Fourteenth** |
| 71:5 72:21 | 17:23 18:3 | 4:11 5:13 6:6 | 100:19 |
| 73:11,15,19, | 46:7,10 59:12 | 14:13 19:8 | |
| 23 74:12,13 | 91:11 102:2 | | |
| 77:7 78:6 | | | |
**Fourth**
5:24 6:5 8:2
15:19 28:2
36:5 94:2
100:17
**frankly**
11:21
**fraud**
100:5
**Friday**
97:4,10 138:9
**friend**
136:22
**friends**
62:23
**frivolous**
32:14,17
33:19 36:3
41:15,24
59:21 62:3
64:23 65:3
72:25 90:18
**front**
59:1 67:23
74:20 107:22
108:3 117:6
132:2 134:10
137:13
**front-page**
59:2
**fulfill**
82:8
**fulfilled**
129:16
**full**
9:4,11
**furtherance**
76:6,18
**furthering**
135:10
**G**
**G-R-Y-G-I-E-L**
101:23
**game**
53:7
**gave**
116:2,4
**general**
99:22 110:10
**General's**
100:10
**generally**
52:14
**genuine**
23:25 41:10
**Georgia**
138:5
**Gerard**
4:9 29:25
31:25 32:19
71:25 75:21
126:22
**give**
6:1 9:5 11:3,
8 23:12 43:12
45:9,10 72:16
76:13 85:12
93:1 98:9
119:2 131:14
138:19 139:18
**Glade**
111:1
**goal**
39:13 53:3
59:24 60:2,22
78:22 85:24
86:17,20
89:12 90:2
**good**
4:7,13 19:25
20:17,18 21:8
32:22 33:10,
17 37:15 42:3
43:22,25 58:3
63:19 64:12
73:8 78:7,12
98:20 117:23
118:10 122:19
139:23,24,25
**govern**
7:21
**governs**
5:13
**grace**
92:10,11
93:15
**graduated**
99:6
**grand**
5:14 7:22
10:21 14:2,
17,22 21:20
22:15 23:19
24:4,7,16
25:1 29:1,6
30:14,23,24
31:5 33:6
35:8,14,18
36:12,24 37:5
38:3 39:17
40:19 41:7
45:6,15 46:16
48:23 50:5
54:14 55:20
56:14,17
60:6,25 61:9
62:10 63:8
67:4,6,14,19
69:10 72:7,10
73:22 76:5,
23,24 77:15
78:5 80:24
81:2,4 83:10
84:24 85:2,
11,16,18,20
89:4 102:19
103:1,21
104:9,13
106:3,9,20
107:20,22
108:3 109:14,
15 111:2,4,22
112:3,10,12,
19,20,25
113:13,15,19
114:7 115:8,
24 116:22,23
117:20 118:17
119:1,4,7
120:8 121:13,
17 122:7
123:24 125:6,
9,12,17
127:1,2
129:1,7,11,21
130:22,25
134:23
**grant**
7:23 30:4
56:14 94:9
**granted**
57:15
**granting**
5:6
**great**
49:7 109:25
| 137:10 140:11 | | | |
| -------------------- | -------------- | -- | -- |
| **greater** | **H** | | |
| 109:7 | | | |
| **Greenberg** | | | |
| 4:10 30:15 | 19:1 41:1,8 | | |
| 33:17 34:8 | 128:9,10 | | |
| 99:1,11,13,16 | 133:24 | | |
| 100:1 101:15 | 134:11,12,20 | | |
| 104:23 106:22 | | | |
| 107:16 114:5 | | | |
| 123:6 126:8 | | | |
| 131:1 135:4 | | | |
| 136:9 | | | |
| **ground** | | | |
| 106:12 119:17 | | | |
| **grounds** | | | |
| 123:2 125:21 | | | |
| **group** | | | |
| 101:15 | | | |
| **Grygiel** | | | |
| 70:14 82:11 | | | |
| 83:12 84:17 | | | |
| 101:12,19,22 | | | |
| 104:25 105:6 | | | |
| 106:23 136:13 | | | |
| **Grygiel's** | | | |
| 83:4 84:4 | | | |
| **guess** | | | |
| 64:15 81:12 | | | |
| 91:13 105:2 | | | |
| **guests** | | | |
| 140:7 | | | |
| **guide** | | | |
| 8:3 | | | |
| **guys** | | | |
| 72:21 98:4 | | | |
| | | | |
| | **H** | | |
| | | | |
| **hate** | | | |
| 70:5 | | | |
| **head** | | | |
| 4:22 101:21 | | | |
| **heads** | | | |
| 101:15 | | | |
| **hear** | | | |
| 11:15 18:14 | | | |
| 25:23 30:14, | | | |
| 19 34:10,18, | | | |
| 24 35:1,3,6 | | | |
| 36:5,15 37:11 | | | |
| 39:14 97:1 | | | |
| **heard** | | | |
| 24:18 25:5 | | | |
| 39:23 40:11 | | | |
| 61:8 128:7,8 | | | |
| 133:24 134:1 | | | |
| **hearing** | | | |
| 8:18 12:11 | | | |
| 40:9 44:22 | | | |
| 51:19 60:9 | | | |
| 74:23 78:21, | | | |
| 25 128:3,4,12 | | | |
| 132:13 139:21 | | | |
| 140:13 | | | |
| **hearings** | | | |
| 65:8 | | | |
| **hearsay** | | | |
| 74:9 84:7 | | | |
| **held** | | | |
| 15:20 43:24 | | | |
| **helped** | | | |
| 102:14 109:5 | | | |
| **helps** | | | |
| 18:20 | | | |
| **Herald** | | | |
| 58:9 66:1 | | | |
| **hero** | | | |
| 58:11 | | | |
| **hey** | | | |
| 76:12 | | | |
| **hid** | | | |
| 67:6 | | | |
| **hiding** | | | |
| 67:4,15 | | | |
| **high** | | | |
| 32:5,10 41:22 | | | |
| **higher** | | | |
| 38:14 | | | |
| **highlight** | | | |
| 71:25 | | | |
| **highlighted** | | | |
| 87:21 128:18 | | | |
| **hindsight** | | | |
| 126:3 | | | |
| **hired** | | | |
| 59:9 | | | |
| **history** | | | |
| 109:21 | | | |
| **Hofstra** | | | |
| 99:7 | | | |
| **hold** | | | |
| 81:17 | | | |
| **Holdings** | | | |
| 4:11 | | | |
| **honest** | | | |
| 110:5 136:24 | | | |
| **honestly** | | | |
| 108:3 122:3 | | | |
| 138:10 | | | |
| **Honor** | | | |
| 4:7,13,17,20, | | | |
| 23 9:8,22 | | | |
| 13:1 16:21 | | | |
| 17:2,13 18:3 | | | |
| 23:6,7,10 | 137:2 | inch | 107:17 108:1 |
| ----------------- | ---------- | -------------------- | ------------------- |
| 24:18 25:14 | hundreds | 11:19 | informed |
| 26:8 29:9 | 108:12 | Incidentally | 7:15 46:21 |
| 31:16 32:1,23 | | 67:22 | 90:4 |
| 39:19 42:25 | | include | informing |
| 43:6 44:15 | | 55:2 105:21 | 55:22 |
| 46:7 47:11,15 | | 120:19 | inherent |
| 51:24 52:8,18 | | included | 55:18 72:9 |
| 53:21 54:6,7 | | 18:8 37:10 | 73:21 74:17 |
| 58:1,4 60:17 | | 39:2 57:3 | 76:24 77:15 |
| 62:17 68:7,8 | | 100:16 107:24 | 116:21 117:14 |
| 69:21 74:8 | | 112:20 | 120:10,11,14 |
| 82:15 95:6,8, | | includes | 134:22 135:1 |
| 15,25 96:1,8, | | 7:6 | inhibit |
| 21 97:12 | | including | 120:13 |
| 98:2,3,17 | | including | initial |
| 137:19 138:6, | | 6:18 26:6 | 27:7 48:11 |
| 17,24 139:14 | | 34:9 50:22 | 108:19,22 |
| 140:3 | | 125:23 | 110:2 114:12, |
| **Honor's** | | inconsistent | 22 115:2,4,19 |
| 27:11 28:1 | | 90:1 | 116:7,10,12 |
| 39:1 111:24 | | independently | 119:25 123:1 |
| **hope** | | 15:25 27:12 | 129:14 |
| 50:7 | | 31:11 | **initially** |
| **hoped** | | **indicating** | 6:25 19:24 |
| 123:25 | | 29:23 31:24 | 129:16 |
| **hopeful** | | 85:8 101:25 | **initiative** |
| 113:23 115:22 | | 123:25 | 6:16 |
| 122:5 | | **indication** | **injure** |
| **host** | | 73:12 | 104:7 |
| 92:3 | | **indictment** | **inmate** |
| **hours** | | 106:20 125:24 | 110:25 |
| 120:2 134:1 | | **individual** | **input** |
| 138:3 | | 84:7 111:1 | 136:12 |
| **hours'** | | **inform** | **inquiry** |
| 108:12 | | 23:22 34:1 | 8:7 |
| **Howard** | | 102:3 | **insisted** |
| 44:12 | | **information** | 59:18 |
| **humanity** | | 106:1,2,19 | |
| | instance investigation issues James 56:18 23:20 24:6,12 25:16 40:5 110:23 33:23 34:7 41:10 102:9 111:12,14 instructed 35:14 49:21 104:16 107:1 112:21 18:22 66:5,8,11 109:1,17 January intentionally 82:1 102:19 114:3 45:2 49:6,7 62:14 103:21 104:5 items 70:24 interest 106:7 112:12 103:24 107:15 Jeanne 6:18 23:25 investigations 4:12 66:7 76:14,25 50:7 |
| -------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 32: | tw4-c, |
| in | tories |
| in | rruption |
| 49:4 interpr | Je rey 77:16 85:1 investigative 107:2 113:8 19:9 23:19 J.D. 81:8 45:5 49:3,16, interested 99:7 investigatory 21,25 58:10 19:6 102:18, J10 108:13 59:16 60:25 23 103:24 47:12, 66:8 68:25 104:1 112:16 involved 69:1,5 83:10 113:24 25:10 65:6 101:11 102:3, 66:14,17,18 interesting 23 103:2,22 67:23 85:7 17:22 18:13 130:22 3:21 101:10 103: 20:24 110:24,2 Jennifer Internet 4:9 79:15 involve joinder 40: interpret 133:9 55:6 in 21:18 32:9 0:14 joint J2 interpretation 97.2 115:13 8:23 12:15,21 77:10 21:4,8,21 28:14 29:11 elevant J23 interpretatiop 42:21 44:10, 51:25 58:2 57:7 21:14 15 49:8 51:9 Island J29 95:18,22 96:2 97:17 138:3 9:4,14,15 103:13,18 12:12 issue 105:22 41:2 42:7,9 J6 Journal 59:8 79:1,6,9 47:12,16 140:8 88:12,15 71:19 138:20 Judge 89:15 113:8 J9 5:6 8:17 10:1 intervening 116:17 120:15 46:8 75:3,4 14:7 18:20,21 61:17 125:7,14,15 19:1 22:6 introduce issued 44:7 25:6 39:24 43:23 98:22 54:11 112:10 40:9,20,24 Jail 120:3 41:1,8 51:20 |
52:3 53:12,15 57:23 61:13 62:25 63:10, 16 74:20 92:22 93:24 94:18 119:8 120:2 128:9, 10 133:24 134:11,12,20
## judgment
10:19 11:2, jurisdiction 14:7 18:20,21 101:1 19:1 29:21 40:25 41:1,8 54:25 57:1,3, 16 74:16,21 117:9,13,24 118:23 119:22 120:7 124:10, 14,18 125:9 128:8 133:15, 19,25 134:3, 10,13,14,18 135:18
12,20 12:2 25:20 26:4,12
# judicial
19:3 39:9 48:2 55:14,
# judicia
120:1
# July
:16 S :21,24
## June
5:3 8:17 26:25 30:19 36:16,19,20 38:4 51:19 53:13 54:1
79:2,10,19 80:14,15 84:21 86:21 88:1 89:16 92:4 119:8 120:3,20 122:2,12,15 127:19,24 128:7,13 133:6
# jurisdictional
25:16,19 31:7,18
# jury
5:14,15 7:22 10:21 14:2, 17,22 21: 22:15 2 24:4, 25: ,24 3:7 :,14,18 justice 38:3 39:17 18 135:10 40:19 41:7 justified 45:6,15 46:16 13:6
125:6
6:12,24 37:5 50:8 76:6,14,
# 48:23 50:5
52:15 54:14 55:20 56:14, 17 60:6,25 K-A-M 61:9 62:10 15:17 63:9 67:4,6, K-A-M-E 14,19 69:10 15:18 72:8,10 73:22 Kame 76:5,23,24 15:16,17 27:6 77:15 78:5 80:24 81:3,4
83:10 84:24 85:2,11,16, 18,20 89:4 102:19 103:1, 21 104:9,13 106:3,9,20 107:21,22 108:3 109:14, 15 111:2,4,22 112:3,10,12, 19,20,25 113:13,15,i 114:7 115 :!) 24 116 2, 117:20 4,7 121:13, 2:7 :24 125:9, 2,17 127:1,2 129:1,7,11,21 130:22,25 134:23
## keeping
# jury's
53:5 61:5 121:7
## Kelly
38:25
## key
7:7
## kill
91:3
# d
1 :12
## ew
6:24 7:8 8:8 22:19 45:22 52:4,10,25 53:9 59:22 88:11 104:5 106:7 113:12 125:18 126:1
# knowing
128:11
## knowledge
84:2 109:7
# Krischer
48:23 82:12 104:6 106:13, 14 108:7 110:24 113:14 123:13 125:18
# Krischer's
81:14 82:2 102:10,24 104:4,10,15 105:24 108:2 125:21
L
# Labor
100:12 102:12,17
| **lack** | 40:6 41:25 | **lay** | 38:4 44:12,16 |
| ------------------- | ----------------- | -------------------- | -------------------- |
| 137:7 | 42:4,8 44:7 | 120:18 | 53:18,20,22 |
| **lacked** | 47:2,3,5,6 | **leader** | 54:5,13 68:18 |
| 119:13 | 54:15 72:24 | 58:21 | 69:3,6,8,14, |
| **lacks** | 73:1,2 89:1,9 | **leading** | 16,19 70:13, |
| 25:20 26:11 | 92:22 97:8 | 60:18 125:23 | 16,17 79:14, |
| 48:13 | 99:8,24 | **learned** | 16,20 80:6,7, |
| **Lago** | 100:14 109:13 | 126:3 | 8,10,12,16 |
| 15:16,17 | 110:8 126:17 | **leave** | 84:22 86:11, |
| 16:4,8 17:22 | 136:10 | 12,23,25 | 87:5,11,12 |
| 27:6,11 | **laws** | **left** | 89:17,19,20, |
| **laid** | 113:4 | 9:16 35:7 | 22 90:13 |
| 79:21 | **lawsuit** | 97:7 138:22 | 103:14,17,19, |
| **Langen** | 7:11 11:7 | **legal** | 23 104:21,22, |
| 99:20 | 29:5 35:8 | 7:13 14:1,25 | 25 105:3,7,13 |
| **language** | 54:18 57:8,25 | 20:16 34:17 | 119:25 |
| 6:14 19:19 | 58:7 59:21 | 56:6 59:20 | 120:20,23 |
| 20:6 21:11 | 60:23 62:3,15 | 63:7 67:13, | 121:1,8,10, |
| 112:17 | 64:23 65:3,6 | 14,17 73:1,24 | 15,21 122:2, |
| **large** | 67:7 71:1,5 | 89:2 108:13, | 12 125:10 |
| 46:16 49:19 | 72:21,25 | 21 111:5 | 130:1,2,10 |
| **late** | 73:25 79:3 | 136:2,7 | **letters** |
| 15:4 73:15 | 82:17,18 89:6 | **legislative** | 70:20 71:4,5 |
| **latest** | 90:9 92:9 | 109:21 | 73:19 82:11, |
| 89:16 | 95:2 107:20 | **legislature** | 14,16 83:5,13 |
| **Lauderdale** | 108:11,14 | 120:13,15 | 87:8 103:6 |
| 99:1,14 | **lawsuits** | **legitimate** | 104:23 |
| **Lauren** | 50:6 | **leniency** | 99:23 |
| 4:8 | **lawyer** | **leniency** | **lies** |
| **law** | 63:22 65:13 | 23:24 34:5 | 88:6 |
| 5:11,21 7:4, | 70:14 72:5 | **lenient** | **light** |
| 10 13:7 20:1, | 73:24 79:19 | 103:4 106:4,5 | 34:4 103:2 |
| 2,10,12 21:9, | 87:1,4,6,8 | **letter** | **Likewise** |
| 10,13 22:1,2, | 90:11,13,17, | 5:4,9,16 15:3 | 30:6 |
| 25 25:10,11, | 24 | 16:10,13 | **limitations** |
| 12 26:3,6 | **lawyers** | 17:14 28:18, | |
| 27:3,5,6 | 15:1 22:18 | 22 30:20 | 135:1 |
| 34:12 36:6,9 | 48:13 78:11 | 34:24 36:16, | **limited** |
| | 107:10 | 19 37:3,18 | 34:3 40:21 |
107:25 119:15 120:11
## lines
9:25 10:5 28:23
## link
49:24
# litigation
6:15 27:20 38:21 39:10 99:19 100:3, 12,13 110:18 123:8
## litigator
99:12
## LLC
8:1 15:18
# located
97:17
# log
123:23,25 124:7
## logic
139:3
## logical
93:3
# long
43:24 .22 61: 9 7:15
7:16 129:19, 22,23 130:25 133:12
# looked
83:16 93:6 109:12
# Lorenza
99:20
## Los
106:23
# lose
33:13
# losing
6:20,23 8:8
# lost
48:25
## lot
7:6 39:23 83:13
## lower
9:16
## lowest
137:2
# luck
34:3
17:9,15
:9 28:10
4:2 49:2
51:20 56:7
58:12 61:13
78:19 89:21
94:11,25
105:18 111:5
131:21 133:4
## main
29:4
## major
## make
8:7 18:14
19:16 36:23
38:12,19
47:1,13 50:11
59:25 65:5
79:14 85:19
89:1,13,25
95:19 96:14
97:22 137:10
138:7 139:10,
12
## makes
19:1 29:18
66:17 92:3
135:7
# making
20:16 2
6:17
22 :18 137:1
## management
128:9
## mark
4:8 12:18
## Marx
5:6 8:17 10:2
22:6 25:6
39:24 40:9,20
51:20 52:3
57:23 61:13
74:20,23
119:8,9 120:2
## Marx's
53:13,15
## Mary
15:17
## massive
133:3
# material
5:19,22 7:2,5
20:3 22:23
23:1 83:15
94:8
# materials
5:15 13:9
14:17 20:21
23:19 29:1
30:4,14,24
Alimmat1:5 35:9
6:12,24
3 :5,23 41:7
46:16,20
55:21 56:2,4,
7,15,17,21
72:8 73:21
76:10 80:25
81:2,8 82:1,
12 85:16,20
86:6 88:5
91:22 94:14
104:12
105:20,21
106:8,14,17
107:11,12,14,
21,23 108:4
112:12
113:13,20,24
114:8 115:10,
16 116:19
117:20
118:18,25
119:16
123:13,16,24
125:12,17
129:1,8,11,
18,22 130:23
131:1
## matter
23:25 47:3,4,
5 55:16 56:9
59:15 66:4,5,
| 6,7 68:25 | 99:21 103:16 | minute | 138:19 | **Mortgage**
7:25 |
| ------------------- | --------------- | --------- | ------------------- | ------------------------- |
| 69:1,5,10 | 119:20 137:14 | minutes | 33:5 55:19 | 4:5,19,25 |
| 72:24 73:1 | 138:16 | minutes | 63:21 64:16 | 5:7,8 6:16 |
| 89:1,2,8 90:3 | 70:16 84:4 | minutes | 76:4,22 78:4, | 8:17 15:7,10, |
| 97:1 102:4 | | | 14 81:9,10,12 | 13,21,23,24 |
| 117:2 135:17 | | | 85:23 86:19 | 16:11,12,14, |
| **means** | | | 95:11 96:18 | 16,17,21,25 |
| 33:19 92:19 | | | 97:19 118:8 | 17:18,20,24 |
| **mechanism** | | | 137:18,25 | 18:1,4,8 |
| 7:13 | | | 138:1 | 19:4,15 25:3, |
| **media** | | | | 6,17,21,25 |
| 50:16,21 | | | **misleading** | 26:4,5,12,13, |
| 56:11 101:13, | | | 17:12 58:19 | 15,18,22,24 |
| 15 109:3 | | | 59:2 61:3,8 | 27:7,9,16 |
| **media's** | | | **missing** | 28:6,10,11, |
| 107:2 | | | 34:20 105:23 | 12,13,16,17, |
| **meeting** | | | **misspoke** | 19 29:3,9,10, |
| 131:3 | | | 64:24 | 11,13,14,15, |
| **member** | | | **misuse** | 18,19,21,24 |
| 136:5 | | | 39:8 | 30:2 31:8,10, |
| **memorandum** | | | **misusing** | 11,14 33:13 |
| 87:24 126:16 | | | 102:25 | 36:18 37:12, |
| **Mendelsohn** | | | 32:9 41:22 | 25 39:24 40:1 |
| 13:3 30:15, | | | **Miami** | 42:23 43:3,5 |
| 17,20 34:9, | | | 58:9 66:1 | 44:4 46:23 |
| 19,24 35:1,6 | | | 99:20 | 47:2,22 51:19 |
| 36:5,8,15,20 | | | | 53:25 54:25 |
| 37:3 38:3 | | | **Michael** | 56:25 57:2,5 |
| 39:14 53:23 | | | 101:12 | 63:22 64:11, |
| 54:10 68:19 | | | **middle** | 17 71:18 |
| 69:4,8 79:10 | | | 80:18 105:17 | 72:23 73:11, |
| 80:5,22 82:11 | | | **Mike** | 16,17 74:12, |
| 83:4,12 | | | 70:14 101:19 | 19 79:19 86:2 |
| 84:17,21 | | | **miles** | 87:25 88:25 |
| 85:8,22,25 | | | 58:9 | 89:7 92:3,4, |
| 86:3,25 87:13 | | | **mind** | 7,8,12,14,16, |
| 89:17 90:11, | | | 17:9 59:21 | 19,23,24 |
| 16,17 96:11, | | | 98:4 126:22 | 94:6,15,16 |
| 13,19 98:13, | | | 139:4 | 101:4,8 |
| 20,23,25 | | | | |
| 115:1,18 | N | 122:5 129:19 | notably |
| ------------------- | --------------- | ------------------------ | ----------------- |
| 116:6,9 | | 130:12 131:10 | 7:6 |
| 118:22 119:9 | name's | neutrality | note |
| 120:1 122:20, | 4:14 | 38:9 131:11, | 32:5 38:11 |
| 24 123:1,2 | | 16,19 133:2, | 40:4 47:17 |
| 124:10,14,17 | named | 13 | 117:22 |
| 125:9 126:10, | 24:2,10,11 | news | noted |
| 19 127:18,20, | 30:21 35:19 | 102:5,11 | 24:1 41:8 |
| 21,25 128:2, | 36:21 71:6 | | 134:17 |
| 6,7,13 132:8, | 80:19,21 | newspaper | notes |
| 11,15,18,21, | 84:23,25 | 8:12 13:12,21 | 14:16,17 |
| 22,23 133:5, | 85:9,10 87:15 | 45:4 46:19,22 | |
| 19,25 134:10, | 99:19 111:3 | 48:13 52:4,10 | |
| 13 | 112:6,8 113:9 | 53:9 54:17 | |
| | 121:2,4 125:3 | 57:22 58:9 | |
| | 127:8 | 59:22 67:9 | |
| | | 135:7 | |
| **motions** | naming | newspaper's | notice |
| 33:7 47:13 | 10:12 35:9 | 44:25 46:14 | |
| 78:6 | narrative | 135:12 | |
| **mouthpiece** | | newspapers | noticed |
| 109:4 | | 59:17 65:4 | 128:2,4 |
| | narrative | 101:14 | 132:13 |
| **move** | 58:12 | | |
| 50:7 59:24 | narrow | nice | notify |
| 69:18 74:8 | 119:17 | 122:18 | 48:12 50:11 |
| 98:24 133:14 | | nickel | noting |
| | | 64:5,7 | 42:10 |
| **moved** | national | | |
| 60:22 78:22 | 50:21 | | |
| 85:24 86:21 | navigate | | |
| 117:11,12 | 70:10 | | |
| 118:21 | necessarily | | |
| | | | |
| **moving** | necessarily | **Nina** | Notwithstanding |
| 53:3 60:2 | 111:20 | 106:23 | 19:21 |
| 86:16,20 | | **nods** | **November** |
| 89:12 90:2 | | 4:22 101:21 | 5:1 16:18,25 |
| | | | 25:25 26:19 |
| | | | 34:16 44:4 |
| **Mulhull** | | **non-prosecution** | 45:1 70:25 |
| 99:18 | | 102:14 103:3 | 108:20 114:13 |
| | | 106:6 125:24 | |
| **multiple** | needless | | **number** |
| 7:16 50:1 | 39:9 | | 9:16,19,24 |
| **mutual** | | **Nonetheless** | 19:9 24:2,4 |
| 136:22 | negotiate | 7:15 88:2 | 25:20 26:11 |
| | | 128:21 | 32:17 34:2 |
| | neutral | | |
| 35:13,16,24
36:22,24 40:8
49:19 58:8,14
68:6,22 69:9
73:6 101:13 | 88:3,4 91:6,
21 94:7,13
98:1 118:7
128:22 129:7
131:16 134:6 | 89:18 91:5,23
93:5,12 105:8
122:15 126:7
127:11 129:5
130:2 131:25
132:3 | 16,19,24,25
106:13,18,24
108:2 113:3,
12,13 118:17,
18 119:3
121:6,12
123:15,17
124:10
125:11,21
126:4,5,6
128:25
130:21,24 | |
| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------ |
| **numbers**
9:5,18 | **objections**
52:15 114:20,
21 | **offended**
137:9 | **office's**
104:20 | |
| **numerous**
58:17 | **obligation**
7:10 17:18
115:24 | **offhand**
77:8 | **official**
35:17 71:6,16
73:23 84:25
100:16
110:13,18
112:23 113:3
121:12 122:4
137:8 | |
| **o** | **obligations**
42:19 | **office**
19:10 24:3,5,
7,9,12,15,25
28:25 34:20
35:2,5,15,20
37:4,6 38:6
39:18 42:12
44:12 45:25
46:4 48:1,13
49:3,9,13,19
50:6 55:24
56:5,10,16,18
59:10,12,13
64:19,22
65:14 66:11
68:22 69:4,13
70:15 71:3,
10,15 73:12
74:5 78:10
80:25 81:3,
11,24 83:3,8
84:8,18 85:1,
18 90:19,21
94:25 95:2
99:2,14,16
100:10
101:13,18
102:7,10,24
103:7 104:4,
10,15,16,24
105:1,7,10, | **officially**
119:3 | **officials**
100:15
110:11,12,21
112:22 |
| **object**
29:6 30:24
31:1 35:21
36:12 37:8,22
38:7 39:19
40:18 53:6
60:13 61:6
78:20 79:8
85:12 86:6
88:14 89:13,
14 90:21
91:24 113:4,6
115:23 127:1
128:25 130:25 | **obtained**
107:9 | **obtaining**
7:14 101:17 | **Olympus**
26:6 | **one-sided**
58:18 |
| **objected**
84:6 112:14
129:17 | **obvious**
28:9 | **occasionally**
100:18 | **ongoing**
59:7,14 | **online**
49:20 |
| **objecting**
61:16,22
72:14 120:6 | **occur**
128:11 | **occurred**
49:25 107:22
108:18 113:14
118:21 | **open**
19:15 | **opening** |
| **objection**
12:14 30:3,7,
12,13 31:4
41:6 51:24
52:8,11 58:1
60:17 62:17,
21,25 63:10
73:20 82:15 | **October**
16:19,24 26:2
31:4,6 37:19
38:5 57:12
70:13,16
88:12,15,17 | **October**
16:19,24 26:2
31:4,6 37:19
38:5 57:12
70:13,16
88:12,15,17 | **Officials**
100:15
110:11,12,21
112:22 | **Online**
49:20 |
| 24:19 26:21
28:24 78:19 | 38:8 129:1
original
15:23 16:7,
17,21 18:4
44:25 71:18
87:25 92:4
94:15 127:24 | pains
137:10
palatable
41:13
Palm
4:11 23:20
33:2,6,22
46:15 48:6,16
49:15 50:2,
15,23 51:1
55:14,20
58:7,16,18,21
59:4,8,16
60:5,6 62:11
65:22 68:23
72:6 74:12
91:16 101:11,
16 18 102:20
105:10,18
107:7 108:6
110:25
115:14,17
126:5 | part
14:16 17:22
21:25 22:7
74:2 86:24
87:20 106:6,
24 135:10
participate
109:4
participated
111:3 112:14
parties
13:24 19:5
27:19 32:23
33:11 78:8,13
95:24 138:23
139:4
partner
99:19
partners'
82:11
party
6:17,19,20,23
7:17 8:8
15:20 16:4
18:15,19
19:11 24:10,
11 25:22 26:2
29:5 30:22
32:12 35:12
36:7,21 37:7
38:13,15,16,
17,19,22,23
39:11 41:5,20
47:21 48:5
57:8 80:21
84:23 85:17
91:24 110:17
111:3,11,20
112:24 114:6
118:18 121:2 |
| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 24:19 26:21
28:24 78:19
operative
115:11
opportunity
17:3,7 116:2,
4 119:3,6
131:15
oppose
37:11 93:7
117:19 121:25
122:1 130:21
opposed
85:23 118:24
opposing
111:6
opposite
41:14
opposition
39:17 87:25
131:18
option
35:7 131:21
oratory
98:6
order
5:6 14:23
22:16 30:5
40:20,22
42:20 53:13,
15 56:22
64:17 85:17
86:4 88:7
91:11 92:15
94:9 119:9,
18,21 120:2
128:11 134:12
ordered
13:22 36:13 | originally-filed
18:1
outlet
50:16
outright
31:15
outset
42:19
overcome
31:17 58:8
120:9
overestimate
98:6
overruled
58:5 82:21
owe
64:5 | pains
137:10
palatable
41:13
Palm
4:11 23:20
33:2,6,22
46:15 48:6,16
49:15 50:2,
15,23 51:1
55:14,20
58:7,16,18,21
59:4,8,16
60:5,6 62:11
65:22 68:23
72:6 74:12
91:16 101:11,
16 18 102:20
105:10,18
107:7 108:6
110:25
115:14,17
126:5
paper
50:23,24
136:6,9,15,16
paragraph
19:23 30:1,5
72:3 75:25
76:12,20
77:4,13,19,23
80:18 87:16
88:1,2 94:4
117:23 118:4
130:18
paralegal
4:9
paralegals
107:3 | participate
109:4
participated
111:3 112:14
parties
13:24 19:5
27:19 32:23
33:11 78:8,13
95:24 138:23
139:4
partner
99:19
partners'
82:11
party
6:17,19,20,23
7:17 8:8
15:20 16:4
18:15,19
19:11 24:10,
11 25:22 26:2
29:5 30:22
32:12 35:12
36:7,21 37:7
38:13,15,16,
17,19,22,23
39:11 41:5,20
47:21 48:5
57:8 80:21
84:23 85:17
91:24 110:17
111:3,11,20
112:24 114:6
118:18 121:2 |
125:3 127:8 131:13,24 132:5 133:11, 22
## party's
6:20,24
## past
51:6 58:18 62:5 67:3 96:23,24 97:3
## pay
59:20
# pending
93:20 115:11, 12,13 119:16
## people
48:18 83:9 98:5,6
# perception
60:22
# perform
12:4
# performance
11:1,17
# period
62:5 92:10 93:15
# person
12: 1 :6 7 :9
# sonal
51':20 71:7 84:2 108:5 136:18
# personally
42:13 66:14, 16 71:11 81:22 82:9
## persons
14:2
## persuasive
41:13
# pertinent
14:16
Peter 55:16,18 50:12 54:11
48:21 I 56:4,8,1
# petition 60:10
85:5 82:19
phase 9 6 96:10 AcTek iff's 128:23
97:14 108:11
83:6 84:5 127:18,25 87:7 107:6 132:23 109:10 115:25 i plaintiff
137:9 7:9,15 8:19 14:9,15 15:1, 3,12 17:7
18:14,22 20:5 21:5 22:18
23:2 30:9 38:18,20 44:5
# phone
122:18
# phonetic
99:21
# phras
7
ti
: 4 125:16
# ed
18:1
# pinned
50:18 51:6
# place
22:3
# place-holder
133:5
# place-marker
26:24 27:7 28:11,12,16 29:19 31:10
36:18 37:25 119:25 126:10
5,9 22:17
28:4 47:18,25
55:23 56:24
62:24 63:5 87:24
# plaintiffs
5:3,17 13:12
# plaintiffs'
107:10
# play
116:2 122:4
# played
116:4
# playing
116:1
# plea
66:23 102:9, 14
# pleading
67:5 88:9 131:8
## pleadings
44:21 56:9 66:13,21,25 67:10 73:19 87:10
## pleased
129:25 130:16,19,23
# p enty
.17
# point
24:24 35:15
53:24 57:4
59:12 64:12
70:19 72:13
73:13,14 81:1
93:2 97:13
113:12 120:4
121:20 123:5
125:1,10,18
127:7 130:13
## points
18:24
# police
107:8 108:5
# popped
78:21
# portal
49:2,14,16
50:24 51:5
83:19,20
# portion
75:10
# position
8:12 13:11 17:4,8,14,17 30:11,16 38:9
43:24 47:5
54:14 58:22
73:2,23,25 79:6 88:24 114:23 115:4, 8,15 118:16 122:6 125:6 129:11,19,22, 23 130:3,13 131:7,10 133:3 134:17
## positions
29:25 114:25 136:7,8
## possess
46:24
# possessed
50:6 67:4
## possession
7:20 22:13 24:13,21 37:5 45:14,16,25 46:3,5 48:8, 14 51:1 52:5 53:5 56:1,20 60:24 63:7 67:21 79:5 80:3,4,24 81:1,4 90:3
# 19 105:9
114:7 125:5;
## 13
23:18,22 2':2 7 26:1 30:16 33:3, 16,22 34:2,8, 13 35:3,6,7,8 39:15 43:3 46:15 48:17 50:15,23
51:1,10 58:8, 16,18,21 59:4,8,16 60:5 62:11 65:23 68:23 72:7,14 74:13,14 76:1,9,20 78:2 86:4,17
88:12 89:2 91:16,24
101:11,16 102:2,18,23
103:20 104:19 105:11,16,18
106:2 115:13, 17 116:10,17
119:13 123:6 126:8 131:4
132:19 133: 134:19 1
# 136:2, predecessors
# Post' 66:6
4 preeminent
20:18 115:9
130:21 prefer
1:2 134:17 98:2 138:24 post-1999 139:1,5
## 6:9 prefers
## post-trial 98:3
## 28:6 prejudgment
## posted 6:18
## 51:3 prejudice
posting 5:8 22:6
## 49:20 preparation
posts 137:7
53:3 59:24 present
60:3,22 78:22 6:15 99:15
85:24 86:17, presentation 20,21 89:12
139:22
90:2
## posturing
10:12
## power
7:23 24:15 35:21 36:23 45:19,21
## powers
72:10 73:22
## practice
99:23 100:
## precluded
13:15
## predator
## ssor
21 66:11, 8 109:19 110:24
# presentations
134:19
## presented
6:25 13:4,20 15:1 19:24 21:7 33:6 55:19 76:4,22 78:4,15 81:2, 113:15
## ident
102:11
## press
49:9,13 50:10,14,17 51:12 56:10 67:12,15 83:21
# pretty
79:13 94:2 130:4
## prevail
28:20
## prevailing
6:19 32:11 38:12,14,16, 17,19,23 39:11 41:20
## prevent
24:16 48:17 61:10,20 116:23 125:11
## prevented
63:6
## prevention
129:21
## preventive
129:21
## previous
17:20 99:15
| **previously**
37:11 49:22
51:21 131:6,
14
**primarily**
100:13 108:25
109:9
**primary**
85:1
**prime**
113:8
**principal**
110:7
**printed**
136:14
**prior**
17:19 26:23
27:15 59:10
68:21 73:19
92:16 99:19
102:19 129:11
**private**
40:22 119:14
**problem**
72:21
**procedural**
10:12
**procedure**
6:8 18:25
**proceeding**
6:22
**proceedings**
4:2 76:24
77:15 109:5
121:18 125:10
127:3
**process**
8:9 85:11
| 103:1 108:8
109:15 112:19
134:24
**produce**
7:19 45:8,9
54:14 56:5
118:13
**produced**
83:21 84:20
91:10
**produces**
91:7
**producing**
24:16 30:3,13
35:22 37:9
91:6 94:8,14
**production**
31:5 38:8
61:7 62:9
91:22 129:7
**professional**
122:19
**profit**
65:5
**prohibit**
113:18
**prohibits**
36:25
**prongs**
131:13
**proof**
118:20
**proper**
7:13 10:9
18:15,19
47:20 48:5
110:6,17
**prosecute**
| 59:13
**prosecuted**
59:11 102:6
**prosecution**
14:4 33:24
37:2 49:21
103:1,8
**prosecutorial**
134:23
**protect**
85:17 112:19
115:24 122:7
**protecting**
24:7 121:13
125:6
**protection**
24:25 30:22
85:2
**prove**
41:23
**proved**
119:1
**provide**
13:8,17 17:3,
11 18:17
20:20 33:4
45:8 47:7
52:22,24
78:3,14
107:11 118:7
123:15
**provided**
36:8 54:19
56:19 104:6,
12 105:10,16,
20 106:14
108:1 109:5
126:4
| **providing**
13:15 16:13
29:6
**province**
88:6
**provision**
15:5,16 16:1
17:2,12 26:14
27:19 54:18
76:15
**provisions**
14:19 119:7
129:20
**public**
13:18 14:12
23:22,25
24:3,7,12,15
34:1,2,21
35:17,20
41:10 46:16
48:17 49:16,
20,23 55:22
56:8,10 57:23
66:7 68:22
72:8,16 73:23
74:3,5 76:13,
25 82:4,7
83:8,23 84:8
94:24 102:3
104:19 105:19
107:14 109:3
113:20 114:2
**publish**
45:13
**publisher**
4:11
**pull**
28:11 29:8
30:1 32:19
34:22 68:3
| |
| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 77:9 111:11
112:1 117:1
118:1,2
120:21 126:12
127:14 130:9
132:1 |
Q
qualification
78:15 | ran
24:6 35:14
Randy
58:21 | 11 127:8
reasonable
6:17 18:10,11
20:3 | |
| --------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------ | -------------------------------------------------------------------------------------------------------- |
| | question
63:12 64:3
79:11 81:15
82:24 83:1
89:10,11 94:4
135:19,21
136:17 | rated
100:20,21
Raton
99:15,18
re-arrest
102:22 | reasonableness
97:14
reasons
11:13 36:20
65:23 86:3
87:14 112:6
113:10 120:18
121:1 125:3 | |
| | purpose
6:6,11 14:5
39:8 55:21
72:8 92:25
113:5 130:15 | questions
57:19 63:14
69:1 90:25
94:24 95:4 | reach
106:20
reached
48:22 | receive
105:1
received
34:4 50:21
68:22 69:4
70:20 104:22
108:4 121:9
122:1 126:1 |
| | purposes
38:23 | quick
94:20 | reaction
115:21 129:24
134:18 | recess
95:11 140:12 |
| | pursuant
5:11 13:23
14:23 22:16
38:24 49:22
54:1 55:17
56:22 72:9
76:2,23 88:7 | quicker
68:12 | read
8:22 9:13
19:19 26:9
32:3,7 47:15,
23 49:12
51:21 55:9
67:9 69:11
75:2 87:21
107:14
109:12,24
130:19 136:14 | recognize
20:8 44:11
49:8 51:9
54:9 55:6
57:7 76:14 |
| | pursued
61:14 | quote
21:8 26:24
30:12 45:25
46:15 85:1
88:2 | reading
25:5 80:16 | recognized
95:20 134:21 |
| | put
8:19 21:6
47:5 49:4,13
50:17,20
83:18 89:17,
20,22 90:22,
23 119:2
136:15 | raise
126:25 | ready
23:16 98:16 | recollection
49:5 |
| | putting
50:14 | raised
15:23 31:8
79:1,9 88:18
101:8 | real
18:7 65:3
94:20 100:4 | record
8:22 22:17
26:9 31:3,9
40:12 47:16
51:20 61:13 |
| | puzzled
10:11 11:15 | raises
15:22 29:24
38:3 92:23 | reason
29:4 57:25
58:2 60:14
88:13 121:7, | |
| 95:12 | referenced | 11:19 22:15 | 41:3,12,17 |
| ------------------- | --------------- | ------------------ | ------------------ |
| records | 53:13 82:17 | 30:24 36:12, | 42:3,9 55:17, |
| 7:14,19,22 | references | 23 37:12,21, | 24 56:3,25 |
| 8:15 10:4,7, | 29:20 57:21 | 23 39:17 | 67:7 75:20,23 |
| 16 11:18,20, | referencing | 45:19,21 | 77:20 82:19 |
| 22,23 12:1 | 51:10 | 49:2,9,13 | 94:11 117:18 |
| 13:16,17 | referring | 50:11,15,17 | 118:12,19 |
| 14:10,18 | 80:7 120:23 | 51:13 53:6 | 133:21 |
| 18:17,23 | refresh | 17,18,23 63:8 | **reliefs** |
| 19:12,14 | refresh | 83:21 85:19 | 78:6 |
| 21:20 22:14, | refused | 86:6 112:14 | **rely** |
| 16 24:4 29:7 | 33:4 37:18 | 114:2 115:10 | 26:23 47:3 |
| 30:8 34:2,15, | 78:3,13 83:19 | 117:19 118:24 | **relying** |
| 21 35:4,16,22 | 118:6 | 127:1 129:1, | 116:25 |
| 36:1 37:9 | refuted | 17,21 130:25 | **remain** |
| 39:17 40:11, | 35:23 | 131:16 | 130:14 131:5, |
| 19 47:20 | regard | 14:21 49:9,22 | **remainder** |
| 48:3,14 | 39:23,25 | 56:21 59:6 | 77:13 |
| 49:17,20,22, | 102:3,19 | 60:14 79:9 | **remained** |
| 23 50:12 | 111:19 130:11 | 89:4 | 41:3 120:16 |
| 52:6,22,23 | 135:13 | **releasing** | 122:6 |
| 54:15 57:22 | regular | 30:8 40:19 | **remaining** |
| 60:6,14 | 38:15 | 41:7 50:25 | 5:10 21:1 |
| 61:18,19 63:9 | Reiter | 88:4 125:12 | 133:22 |
| 68:22 69:9 | 107:8 | 128:23 129:11 | **remarks** |
| 74:4,5 79:9, | reiterate | 134:6 | 51:23,25 52:3 |
| 21 82:4,7 | 22:12 | **relevance** | **remember** |
| 83:9,17,18 | reiterating | 62:18 63:1,2 | 25:2 80:6,10, |
| 84:8,24 85:13 | relevant | 85:16 | 16 86:22,23 |
| 88:4 90:19,20 | related | **relied** | 87:12 89:19 |
| 91:7 94:24 | 103:21 107:23 | **relief** | 109:13 131:13 |
| 95:2 105:19 | relating | 111:8,18 | **reminded** |
| 127:1 128:23 | relating | **relief** | 37:19 |
| **redirect** | relationship | 5:12,18,20 | **reminder** |
| 94:19,21 | 63:6 | 21:2,7 22:3, | 42:6 |
| 138:22 | release | 9,21 23:4 | **remotely** |
| 139:10,18 | relief | 25:4,10 33:1, | 43:2 |
| **reevaluate** | 5:14 10:21 | 8 37:7 40:3,5 | |
| 17:4,8 | | | |
| **reference** | | | |
| 66:16 | | | |
| removed | 14:10 22:14 | reserved |
| --------------- | -------------------- | --------------- |
| 58:22 | 30:4 45:15 | 42:25 |
| | 46:20 48:14 repeat | resign |
| 82:24,25 | 55:20 56:2,7, | 48:20 102:16 |
| repeatedly | | respect |
| 53:11 56:7 | | I 66:23 69:9 |
| reply | | 75:25 77:4 |
| 37:24 127:12, | | 79:7 |
| represents | irement | |
| 42:15 101:1 | 27:1 31:12 | response |
| reprobate | requirements | |
| 137:2 :9 | 32:10 | |
| requ | requires | 87:24 89:8 |
| 14 67:6 | research | 104:21,22 |
| 79:8 82:5,16 | 34:16,17 36:4 | 116:11 121:8, |
| 83:9,13 84:4 | 108:21 | 9 122:2 |
| 105:19 123:17 | 109:10,25 | 123:16 126:9, |
| 130:22 | 110:1 | 16 127:12,19 |
| requested | researching | 128:12 129:5, |
| 7:19 13:8 | 34:14 | 14 130:2,20 |
| 112:18,19 | sanctioned | secrecy | sell |
| --------------- | --------------- | --------------- | --------------- |
| 116:1,2,4 | 100:22 | 24:8 109:15 | 59:17 65:4 |
| 122:4 136:6 | sanctions | 111:4 112:20, | |
| rolling | 8:4 13:5 | 25 113:4,8 | send |
| 53:17 | 15:21,24 | 115:8,24 | 53:18 105:2 |
| room | 19:22 23:3 | 117:21 119:1, | 119:24 130:1 |
| 11:19 | 25:3,21 26:4, | 4,7 120:8 | sending |
| | 19 31:19 32:2 | 121:13 122:7 | 50:15 |
| rooted | 33:14 38:13 | 125:7 129:20 | sense |
| 5:12 | 39:21 41:23 | 133:12 | 19:18 84:14 |
| rule | 42:5,11,24 | 58:16 59:9 | sentence |
| 18:4 19:4 | 43:5 53:17 | 102:12,16 | 72:17 87:14, |
| 41:16 93:9 | 61:14 101:2,3 | | 16 88:23 |
| 101:2,5 | 132:16,22 | | 90:10,12 |
| rules | | | 103:4 106:5 |
| 19:3 101:5 | SAO | section | sentencing |
| ruling | 55:25 56:6, | 8:5 14:20 | 125:25 |
| 119:12 | 13,14 | 15:22,23 33:9 | |
| | | 56:19 75:23 | September |
| rulings | 20:15 | 100:15 109:8 | 70:17 134:11 |
| 39:20 | | | series |
| run | 44:8 | | 61:1,2 |
| 10:17 23:20 | | | serve |
| rush | 99:8 | seek | 16:10 17:18 |
| 96:16 | | 53:16 77:12 | 19:5 31:13 |
| Rutherford | 58:21 | 115:16,23 | 123:19 |
| 99:18 | scooped | 118:12 123:6, | served |
| | 58:10 66:1 | | 16:5,7,8,9 |
| S | | seeking | 22:20 26:15, |
| | screen | 7:14 14:9 | 18,25 79:20 |
| safe | 68:4 69:22,25 | 18:24 19:4 | 92:16 93:4,12 |
| 27:13,17 | 70:3 124:15 | 23:18 35:8 | 132:18 |
| safe-harbor | 127:4 128:19 | 50:13 55:16 | serving |
| 15:5,15,25 | sea | 72:7 73:21 | 16:8 |
| 17:2,12 26:14 | 133:6 | 76:10 90:20 | set |
| 27:1,10,18 | | 103:7,23 | 36:20 92:4 |
| 28:7 31:12 | seal | 106:2 112:11 | 94:14 121:1 |
| 54:18 | | 119:15 | 123:1 132:21 |
| sanction | sealed | | |
| 126:19 | 123:24,25 | seeks | settlement |
| | seated | 56:4 76:11,21 | 122:10,11 |
| | 4:3 95:14 | 85:16 | 130:1 |
| | 34:13 64:22 |
| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 13:(14d i%v | |
| Sidlosca Seventh 100:17 | social 65:17,18 |
| 26:6 sexual | 56:10 |
| signed | sole spoke |
| 44:12 23:23 | 5:9 56:20 107:10 |
| significant shareholder | solely spoken |
| 17:1 47:17,24 99:13 | 11:20 74:4 107:6 |
| silent Sharon | solemnly stamp |
| 62:7 74:2 48:6 shed simply 34:4 11:5,14 33:12 80:21 84:23 Shore 100:6 107:21 27:25 118:9 short sincere 52:16 41:12 135:12 shortly sir 70:25 91:15 6:3 9:2 70:24 show 89:23 93:19 15:7 18:18 138:4 22:18 31:18 | 43:11 98:8 :5,9,18 6:10 47:16, sort 54:7 83:15 105:17 120:12 stand 140:4 sought 29:1 3 standard 33:3,8 31:21 32:1,5, 8,12 38:14, 48:3 8:2,7 15,16 41:19, 6 111:2 8:23 standing ound 115:15 139:24 |
| sitting 33:21 44:10 82:10_136 49:8 51:8 53:19 55:5 sit 57:6 showing 32:13 86:12 is 98:6 shown slash 73:8 9:17 shows slide 77:23 70:16 slow 70:2 side So.3d 67:12,13,14, 5:24 6:4 8:1 15,17 110:16 15:18 26:9 135:24 sober sidelines 137:7 53:5 61:5 | AN v start sounding 9:9 53:17 108:8 137:24 135:2 sounds started 109:25 48:18 50:4 139:23,25 108:10 130:7 137:22 Southern 102:7,13 starting 25:13 speaking 61:20 84:7 starts 72:1 specific 34:25 35:4 state 103:20 4:16 7:23 10:6,9,12,15, specifically 19,25 11:12, 5:16 111:19 16,24 12:9 124:1 14:20 19:8,14 speculation 21:5 23:21 52:12 24:5,9,18,20, spent 24 25:22,24 |
| 26:17,22 | 7,11,13,18, | **Statistics** | **stay** |
| --------------- | ------------------- | -------------------- | --------------------- |
| 27:14 28:25 | 19,21,23 | 100:13 | 62:7 |
| 29:4,20 30:2, | 114:6,14,23 | **status** | **stayed** |
| 6,11,18,20,21 | 115:4,18 | 133:7 | 16:6 |
| 31:13,17 | 116:9 117:7 | **statute** | **stems** |
| 33:1,11,25 | 118:13,16 | 5:13 6:6,13 | 58:20 59:15 |
| 34:19 35:2,5, | 119:24 120:4, | 7:6 13:19 | |
| 10,11,13,15, | 17,19 121:2, | 14:15 15:4,6, | 49:1 |
| 19,20,23,25 | 6,7,12,16,19, | 8 18:18 20:6 | |
| 36:7,8,10,11, | 25 122:3,11, | 21:12,25 25:8 | 30:15 34:9 |
| 17,18,21,25 | 20,23 123:12 | 27:2 31:20 | 96:10 98:13, |
| 37:4,7,21 | 124:9,13,23 | 32:2,3 33:9 | 23,25 |
| 38:6,10,12,16 | 125:2,8,16 | 40:7,23 42:7 | |
| 39:10,15 | 126:9,17,25 | 54:2,19 55:17 | **steps** |
| 40:10,13,18 | 127:7,12,17 | 76:3,13,15 | 48:12 50:11 |
| 41:4 42:12, | 128:1,10,16, | 109:11,19,21, | **stipulated** |
| 15,16,17,18 | 21,24,25 | 22 111:5 | 12:22 95:23 |
| 43:17 44:2 | 129:5,10 | 113:18 115:9, | **stonewalling** |
| 48:2 49:15 | 130:19,24 | 11,16 116:18, | 48:16 |
| 50:1,2,5 | 131:4,15,23 | 19 117:14,22 | **stood** |
| 55:14,25 | 132:5,8,13 | 118:25 | 117:25 |
| 71:9,14,15 | 133:3,8 | 119:10,14 | **stop** |
| 80:19,20,23, | 134:4,8,9 | 120:9,11,13 | 75:5 108:15 |
| 25 81:24 | 135:25 | 122:7 134:24 | 137:24 |
| 84:23,25 | 136:17,19 | **statute's** | **story** |
| 85:7,16,18 | **stated** | 119:7 | 58:10 59:17 |
| 87:15 88:3 | 38:7 91:21 | **statutes** | **streamline** |
| 91:5 94:7,10 | 103:25 107:24 | 7:21 13:7,14 | 6:8 |
| 99:22 100:9, | 128:25 129:6 | 14:13 20:14 | **Street** |
| 15 101:17 | 131:7 | 56:20 109:9 | 140:8 |
| 102:20,25 | **statement** | **statutorily** | **strict** |
| 103:7,19 | 39:18 49:18 | 22:15 | 31:12 |
| 104:20,24 | 78:19 89:25 | **statutory** | **strictly** |
| 105:1,7,9,16, | 130:20 | 19:19 21:11 | 27:3 |
| 19 106:13,18 | **statements** | 22:4 25:4,7, | **strike** |
| 108:7 109:15 | 8:18 13:2 | 12 37:13 42:7 | 74:8 88:10 |
| 110:4,11,12, | 40:12 51:20 | 74:15,20,24 | |
| 18,20,22,23 | 60:4 | 108:22 115:24 | **strong** |
| 111:2,10,19 | **states** | 117:12 | 41:12 125:21 |
| 112:6,7,11, | 13:19 99:23 | | 135:7 |
| 17,22,23 | 101:14 | | |
| 113:1,2,3,5, | | | |
| stuff | 5 46:4 59:5
61:19 67:14
71:10 86:4
100:16
110:12,21 | supervisory
72:10 73:22
supplement
39:2 139:19
support
20:13 39:21
41:11 124:17,
18,24 127:18
131:17
supported
7:2,4
supporting
36:6 77:1
supposed
10:20
supremacy
129:20
Supreme
109:2
surprised
116:3
surrogate
109:3
surrounding
102:21
sustain
62:20
Sustained
52:1,12 60:19
63:2 74:10
swear
43:11 98:8
sweetheart
33:25
sworn
43:18 98:14
system
25:1 30:23 | 35:19 39:9
85:2,18
116:22,23 |
| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------ |
|
T
| | | |
| stymied
10:13 | sufficient
27:7 | tab
26:7,8 27:11
28:1 31:22
39:1 69:17
80:8 111:25 | |
| subject
46:1 48:9
90:8 100:22 | suggested
66:12 | tabulation
18:9
taking
73:24 129:18,
22,23 131:9 | |
| submitted
8:23 44:22
107:5 | suing
11:24 19:13
57:22 58:13
61:22 110:10
136:17 | talk
12:8 60:2
87:6 90:6,7
talked
60:3 71:18
86:1
talking
31:23 65:16
67:10 70:8
81:5,7 94:23
111:7,16
118:4 | |
| subpoena
112:10 | suit
8:10 20:7 | talks
21:25
targeting
62:14
task
24:25
tasked
24:3,7 30:22
107:3 109:7
121:13
taxpayer | |
| subsection
13:23 26:14
28:3
subsections
19:21
subsequent
15:21,24
substance
92:7 122:9
substantial
8:6
substantive
56:24
success
20:4
suddenly
86:17
sue
19:12 45:7
61:20 71:9,14
110:4 135:25
sued
13:9,16 45:4, | summary
29:21 54:25
57:1,2,15,16
118:22
124:10,14,17
125:9 128:8
133:19,25
134:10,13
summer
34:6 101:22
108:10
summons
44:25
Sun-sentinel
50:22
Super
97:20
supervised
85:19
supervision
134:23
supervisor
116:22 | supervisory
72:10 73:22
supported
39:2 139:19
supporting
7:2,4
supporting
36:6 77:1
supposed
10:20
supremacy
129:20
Supreme
109:2
surprised
116:3
surrogate
109:3
surrounding
102:21
sustain
62:20
Sustained
52:1,12 60:19
63:2 74:10
swear
43:11 98:8
sweetheart
33:25
sworn
43:18 98:14
system
25:1 30:23 | |
64:24
## taxpayers
42:13 59:19
63:22,25
64:4,13,18
65:2
## team
34:8 106:25
107:16,19
131:3 136:5
## telling
59:24 85:22
# terms
102:25 103:1,
2
## terrible
79:14
# testified
43:19 64:16
65:7 85:25
98:15 104:9
109:18
# testify
90:17 96:13
106:12
# testimony
10:21 14:2
15:6 33
55:19 9
76 7 :18
Ali?k o 97:6, 118:8 139:11
4:7,8
7:8 111:2
# texts
48:18
# thing
10:23 17:1
18:13 20:24
50:19 51:12
58:13 59:14
61:9 62:1,9
65:12 67:18
81:21 90:3,5
97:7 138:21
# things
14:8 59:15
71:10 81:9
83:20 105:8
108:16 139:2
## thinking
59:11
# thinks
51:25
# Thirty
96:18
## Thomson
4:10
# thought
9:12 5
65:
:12
135:2
# g tful
:18
# Thursday
39:5 97:4,10
138:9,11,12,
13,15,18
140:2
# tighter
139:3
# time
6:2,21 7:1
22:19,20
24:14 26:19
31:10 54:22
65:17,18
70:19 71:11
73:11,13,14
85:24 88:9,18
89:15 90:14,
16 91:21
99:10,13
101:17 102:4,
12 125:15
128:24 129:6
131:6,7
134:10
# timeline
23:10 34,
37:17
96:5 1
15:2
8:2
# timing
15:13
# today
4:25 10:24
15:7 25:3
34:10 40:2
44:3 58:25
60:10 61:4
64:5,8 65:1
67:18 82:10,
14 85:25
86:19 88:18
89:11,15
92:14 96:13,
17 97:6,7,22
127:22
132:11,16
135:16
## told
5:16 48:24
52:24 53:11
83:10 84:8,11
86:3,16,18
87:9 89:7,11
133:8
# tomorrow
96:25 97:1
# top
14:8 57:10,11
# t tal
:19
# totally
16:2 21:21
# Town
107:6,7 108:6
# trademark
100:4
# transcript
9:3,23,25
12:12 25:5
39:24 124:2
139:11
# transcriptions
14:18
# transcripts
50:5 58:13
60:25 61:9
67:4,6,15,20
81:5,17,19
83:11,13,17
107:5,9,21
118:9 124:4
## transparency
77:1
## Traurig
4:10 30:15
33:17 34:9
99:1,11,16
100:1 101:15
104:24 106:22
| 114:5 135:4
136:9 |
| U | 115:23 116:1
122:3 | versed
106:25 |
| --------------------------------------------------- | --------------------------------------------------------------------------------------------------- | ----------------------------- | -------------------------------------------- | ------------------ |
| Traurig's
131:1 | U.S.
85:5 91:12
100:19 102:6,
13 104:15
105:25 109:2
123:14 125:23
126:4 | undisputed
26:17 | version
6:9 9:3,4,12 | |
| trial
7:1 8:5,7
100:7 | unequivocal
130:20 | versus
19:14 | | |
| true
29:17 30:10
69:7 78:25
89:15 | United
101:14 | vibrant
135:12 | | |
| Trump's
102:11 | University
99:6,8 109:14 | victim
106:11 | | |
| Trust
7:25 | unquote
26:24 | victims
50:8 | | |
| truth
43:13,14
98:10 | unsupported
5:18,21
22:23,25 | view
89:6 | | |
| truthfully
84:11 | untenable
32:16 41:25 | violated
26:13 | | |
| turn
31:20 67:8
68:14 117:7 | upcoming
13:2 | voice
131:15 | | |
| tweet
51:6 | upset
116:3 | void
92:19 | | |
| twist
20:5 | Upstate
99:6 | voluminous
107:12 | | |
| Twitter
50:17,19
51:4,10 | USC
100:14 | voluntarily
38:18 | | |
| two-page
79:20 | utilized
14:6 | voluntary
26:5 | | |
| twofer
58:7 | | voted
136:20 | | |
| type
110:12 | | | | |
| types
100:1,10 | | | | |
| | unambiguously
7:22 | | W | |
| | unanswered
35:5 | | | |
| | unchanged
20:23 | | | |
| | underlying
14:10 19:5,8
25:17 57:25 | | | |
| | undermined
106:13 | | | |
| | understand
67:11 73:24
83:25 124:5
136:25 137:4 | vague
123:18 | wait
54:2 | |
| | understanding
83:7 | Valparaiso
109:14 | Wall
140:8 | |
| | understood | variety
100:3 | wanted
12:18 14:11
45:9,11,13 | |
| 48:22 58:11 | 137:14 138:24 | 99:9,14 | **wrote** |
| ------------------- | --------------- | ------------------- | --------------- |
| 62:1 65:25 | 139:9,23 | 100:7,8 | 30:20 61:1,2, |
| 83:14 85:12 | | 108:12,13,24 | 25 73:4 80:5 |
| 89:13 90:6, | | 135:3,4 | 86:11 90:11, |
| 13,15,16 | | **worked** | 17 103:19 |
| 95:16,19 | | 101:3 102:10 | 104:25 |
| 104:14,18 | | 119:5 | **Wyler** |
| 106:3,21 | | **working** | 4:13,14,20,23 |
| 110:4 111:11 | | 106:22 | 6:3 9:2,8,11, |
| 113:1,22 | | **worth** | 15,20,22 |
| 122:2 123:11, | | 42:10 108:12 | 12:17,23,25 |
| 23 124:5 | | **worthwhile** | 23:6 26:20 |
| 136:11 | | 97:13 137:24 | 28:23 29:15 |
| **Wargo** | | **write** | 32:3,7 39:7 |
| 99:18 | | **write** | 42:15 43:9,21 |
| **ways** | | 35:2 62:1 | 44:8,15,19 |
| 11:22,23 20:6 | | 120:17 136:5, | 46:7,10,12 |
| **Web** | | 7,12 138:23 | 47:11,15 |
| 49:2,14,16 | | 139:16 140:8 | 48:10 52:2, |
| 50:24 51:3,5 | | **writes** | 13,19 53:21 |
| **week** | | 80:22 | 54:6,8 58:3 |
| 96:25 | | **writing** | 60:1,20 62:22 |
| **weeks** | | 59:5 70:3 | 63:3,4,14 |
| 80:5 | | 97:25 98:4,5 | 82:15 84:19 |
| **whatsoever** | | 121:20 130:7 | 86:13 92:6 |
| 10:22 14:5 | | 136:3 139:4, | 94:20,22 |
| **Whetstone** | | 20 | 95:4,7,15 |
| 4:7,8 12:15 | | **written** | 96:1 97:12,20 |
| 23:7,9,15,17 | | 13:7 48:25 | 121:22 |
| 31:24 39:4,7 | | 58:19 80:12 | 122:16,17 |
| 68:3,8 69:22 | | 87:8 97:22 | 128:6 130:10 |
| 78:19 85:25 | | 105:18 121:9 | 137:19,23 |
| 86:1 95:8,25 | | 139:2 | 138:4,6,10,12 |
| 96:7,10,14, | | **wrong** | 139:14,25 |
| 18,21 98:1, | | 34:1 60:12 | **y** |
| 17,19 103:10, | | 64:18,20 | **years** |
| 12 111:24 | | 66:22 | 34:7 50:1 |
| 112:2 124:20, | | 137:12 | 58:17,19 59:7 |
| 22 126:22,24 | | **wrongdoing** | 91:12,13 |
| 127:14,16 | | 21:10 41:14 | |
| **word** | | | |
| 109:12 136:15 | | | |
| 140:9 | | | |
| **wording** | | | |
| 60:3 | | | |
| **words** | | | |
| 7:7 76:11 | | | |
| 133:5 | | | |
| **work** | | | |
| 21:10 41:14 | | | |
99:12,16
yesterday
130:21
York
99:6,22,25
100:9,15
102:7
young 104:8 Z ZOOM 139:21 Cos CA Florida Holdings, L.L.C.
Dave Aronberg
Hearing Be4c),
Judge L lgado
Sep 8 2022
PHIPPS REPORTING
Raising the Bar!
## IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50-2019-CA-014681-XXXX-MB AG
CA FLORIDA HOLDINGS, LLC, Publisher of the PALM BEACH POST,
DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach Count[, Florida,
Defendants. AS 4 \
( 4;: SK
## TRANS F CONTINUATION OF NG PROCEEDINGS
A
RE: Defen ve Aronberg's Amended Motion for Attorn Fees
TAKEN: Thursday, September 8, 2022 1:06 p.m. - 2:42 p.m. CE: PALM BEACH COUNTY COURTHOUSE 205 North Dixie Highway Courtroom 10D West Palm Beach, Florida 33401 BEFORE: LUIS DELGADO, JR , Circuit Judge
> Stenographically reported by: Lisa Begley, RPR, RMR
# 1 APPEARANCES:
2 3 4 5 6 7 On behalf of the Plaintiff: GREENBERG TRAURIG 777 South Flagler Drive Suite 300 East West Palm Beach, Florida 33401 561-650-6420 BY: LAUREN R. WHETSTONE, ESQ. whetstonel@gtlaw.com bideaum@gtlaw.com MARK F. BIDEAU, ESQ. AilAr GERARD BUITRAGO, ESQ. buitragog@gtlaw.com
8 On behalf of Defendant, Dave Aronb rgO: AS
9 JACOB, SCHOLZ & WYLER, LLC 961687 Gateway Boulevard
10 Suite 2011 Fernandina Beach, Flori
11 904-261-3693
12 BY: DOUGLAS A. WYL doug@jswflorida.co
13 Also present: Dav Def n g, State Attorney
14 15 Agi le of the Public Records Coordinator State Attorney PBC
16
17
18
19
21
22
23
24
| | Page 144 |
| ---- | --------------------------------------- |
| 1 | INDEX |
| 2 | WITNESS PAGE |
| 3 | STEPHEN MENDELSOHN, ESQ. |
| 4 | Redirect Examination by Ms. Whetstone |
| 9 | Certificate of Reporter |
| | Non-movant rests 204 SA c) |
| | 'S SA)) |
| 14 | ?S ' |
| | C AS)* |
1 Thereupon,
2 the following proceedings began at 1:06 p.m.:
3 THE COURT: All right, please be seated.
4 All right, announce your presence.
5 MS. WHETSTONE: Good afternoon, Your Honor,
6 Lauren Whetstone, and with me, Mark H au, Gerard
7 Buitrago and paralegal, Jennifer T son, on
8 behalf of Greenberg Traurig, lf of CA
9 Florida Holdings, the publis f the Palm Beach
10 Post, the plaintiff, a ou witness, Stephen
11 Mendelsohn.
12 MR. WYLER- afternoon, Your Honor,
13 Douglas Wyl wl the law firm , Scholz &
14 Wyler he n behalf of the State Attorney, Dave
15 Aronb fendant.
16 COURT: All right, so we left off with
17 oss examination? Is that where we are?
18 MS. WHETSTONE: Yes, Your Honor.
19 AS I MR. WYLER: Yes, sir.
20 THE COURT: Madam Clerk, please swear in
21 the witness.
22 Sir?
23 THE WITNESS: II, I've been sworn in
24 before.
25 THE CLERK: Do you solemnly swear or affirm
1 that the evidence that you're about to give will 2 be the truth, the whole truth and nothing but the 3 truth?
4 THE WITNESS: I do.
5 Thereupon,
{sup}`6`Ailac STEPHEN MENDELSOHN, ESQ., 7 having been duly sworn by the Clerk of th0q urt, 8 responded and testified as follows:
9 CROSS EXAMINATI
11 Q. Good afterno A ?endelsohn.
12 A. Good afte , r. Wyler.
13 Q. So I' oi to start off with this: Isn't 14 it true that par f tkTe exhibits that we've all agreed 15 on that are h part of evidence are some of the 16 portions o settlement negotiations?
17 There is one letter, yes.
18 19 Okay. And isn't it true you and I talked eral times regarding settlement?
20 A. Sure.
21 22 23 24 Q. And isn't it also true that, during the pendency of our settlement negotiations, Mr. Aronberg was contacted by the same reporter that the SAO had previously prosecuted for illegal substances?
25 MS. WHETSTONE: Objection, Your Honor, no 1 foundation.
2 MR. WYLER: That's fine.
3 THE COURT: All right.
5 Q. 6 7 article that was being written about him? Isn't it true, though, that Mr. Aronberg and Mike Edmondson contacted you to complainaigout an
8 A. No, no. I've never spo =jEdmondson 9 that I remember.
10 Q. Well, okay. Tha ne. But you did 11 speak with Mr. Aronberg, r
12 A. No. I doM rZxall speaking to anyone on 13 this matter, unless e Sv on the phone with you. Other 14 than that, no.
15 Q. y, well, then part of when we spoke, and 16 maybe you do t know, Mr. Aronberg and Mike Edmondson 17 were on'S phone with us, but isn't it true that there 18 wa 20 19 tittle, when you and I spoke in settlement ations, that you offered to hold an article pending settlement negotiations?
21 22 MS. WHETSTONE: Objection, Your Honor, settlement discussion.
23 24 25 MR. WYLER: They opened the door to settlement negotiations by putting it into evidence.
1 THE COURT: What exhibit are you talking
2 about?
3 MR. WYLER: I don't actually have an
4 exhibit that is part of evidence, but I do have an
5 exhibit that is not part of evidence that I will
6 offer to the Court.
7 A THE COURT: That is good th40RObjection
8 is sustained.
9 A. That is absolutely unt 0 e.
11 Q. So you're sa t never happened?
12 A. No. Mr. A ibe, , through you, suggested
13 that in the settlem t the paper would write a
14 favorable articl out him if we were able to settle.
A t. qt,71 15 You suggested I didn't make a comment one way or
16 the other, ut absolutely advised my client of it.
17 I don't make editorial decisions for the
18 pa, s I have no authority to make such.
19 ^ Q. So you're saying there was never a
-..A.ISIL 20 versation between you and i where we discussed
2\3 Mr. Aronberg creating a comment to go into the newspaper
22 as part of those settlement negotiations where you wanted
23 us to drop our 57.105 demand and you offered to get an
24 article held while we determined whether we would do
25 that?
1 MS. WHETSTONE: Objection, Your Honor,
2 compound, compound.
3 THE COURT: Sustained as compound.
5 Q. All right, I'll move on.
6 7 day, isn't 8 hundreds of hours to the 9 bringing this lawsuit? So, in your direct examination e other it true that you stated that evoted research and opment of C
11 12 extensively put time Q. Okay. And s 4, 1 of that research, you in Nko ing into Chapter 905.27 13 before you brought ion?
14 A.
15 Q. •rior to Judge Marx's June 8th order 16 on the motion to dismiss Count 2 -- Let me scratch that.
17 Isn't it also true that your client's 18 copplaint alleged against -- that my client was in 19 possession or control of the documents that are in this 20 tion, the subject of this action?
21 A. I'm sorry, can --
22 Q. I'll repeat it. Isn't it true that your 23 client's complaints alleged that my client and/or his 24 office is in, quote, possession and/or control of the 25 documents that are subject of this action?
1 A. Are you reading from the amended complaint?
2 Q. That is found at page 117, stamp 3 number 117, paragraph 3 of the first amended complaint. 4 I'll be happy to show it to you.
5 A. Well, if you'll just let me know where in 6 the amended complaint it is, what paragraph
7 Q. Paragraph 3.
8 THE COURT: What's the stamp? 9 MR. WYLER: 117, Your on r
10 A. Yes, sir, that's of what I said in 11 paragraph 3.
12 BY MR. WYLER:
13 Q. But t re .S \ an allegation that my client 14 is in possession /off control of the documents?
15 A. official capacity as his office is 16 in possess n /or control of documents that are the 17 subjec this action. And in the prior sentence, I 18 qu d ellF i'r orida Statute 27.03 which provides for the 19 or ey -- excuse me -- the state attorney to have 20 hority over grand jury proceedings in the state of 21 Florida.
22 Q. Okay. Isn't it also true in the first 23 amended complaint that your client admitted that it is 24 not -- it is not seeking these materials in connection 25 with either a civil or criminal case and, therefore,
1 sought unlimited access to the requested materials under 2 905.27?
3 A. Again, that's a compound question. I'm not 4 sure which one goes first.
5 Q. Isn't it -- If you would look at 6 stamp page 135.
7 A. I don't have the stamen ront of 8 me. All I have is the exhibits, sir.
9 Q. Okay. They should be here, in the 10 bottom left corner.
11 A. Which one isAss: 4(;:'
12 Q. 135.
13 A. Okay.4,9 rry, what is your question, 14 sir?
15 Q. you admit on that page that you are 16 not seekin th se requested materials in connection with 17 either evil or criminal case?
18 . A pending -- Right, that is correct.
19 Q. Okay.
20 O A. The Post was not seeking these documents in 21 a pending criminal or civil case involving the Post.
22 That is correct.
23 Q. Thank you. And did you also seek unlimited 24 access to those requested materials for that reason?
25 A. No, that's not accurate.
1 Q. If you look -- Would you look at
2 at that stamp I just provided you?
4 Q. I believe it's on here.
5 A. Are you looking at 135 --
6 Q. Uh-huh. ALAr
7 A. -- on Exhibit 9? Yes, I'm ing at that, 8 sir.
0 9 Q. Okay, and if you woul lo k at
12 ,/^A\4 49 Q. And then, Ooky see one, two, three --
11 A. Sure.
10 paragraph 70.
, 13 the fourth line down; in the sentence that starts with,
14 "Because..."
15 A.
16 Q. ay. It says, "Because the Palm Beach
17 Post ig not seeking these materials in connection with
18 either a civil or criminal case, it seeks a declaration
19 t the scope of its use of the disclosed materials is
ii 20 'tot limited."
21 A. Right, not limited to a civil or criminal
22 case, but that the Post had the right under section (c)
23 of 905.27 in furtherance of justice. We were always
24 seeking an in-camera inspection of the documents by the
25 Court prior to any release to the Post.
1 Q. Did that argument succeed in your claim
2 against the clerk?
3 A. Which one?
4 Q. That you had no connection with the civil 5 or criminal case and to get unlimited -- to get unlimited 6 access. 4...\r
7 A. Well, again, we weren't see p unlimited 8 access. As I just mentioned, we were s seeking an 9 10 So we were not seeking unlimit ess, nor immediate 11 access to the documents. in-camera inspection by the Court p 'or to release to us.
12 Q. You weren - 11 right, we're going to 13 move on.
14 Is it rue that the other day you 15 testified tha ued my client because you needed him 16 not to obj o your request for these materials?
17 18 hi 19 20 I needed him not to object? No. I gave he t P.portunity to do actually three things. One is port our request; two, they could have taken a tral position; or, three, they could have objected.
21 22 23 eventually changed the position in October of 2020 to 24 neutrality. Initially, the state attorney's office took the position to object, and as I think I testified, they
25 Q. And you believe that's a proper basis for
1 filing this lawsuit against my client?
2 A. That they adopted a neutrality position?
3 I'm not clear what you're asking me.
4 Q. II, no, that you needed him not to object.
5 A. That I needed him not to object? No --
6 Q. Unless you wanted --
7 A. I'm sorry, did I step on yod Air?
8 Q. No, you're fine.
9 A. No. That I needed hi&ioj to object? No,
10 I gave the state attorney's of 11 their discretion, to make 12 wanted to do vis-à-vis d ury 13 stated -- You know 14 quoted before, t 's paragraph 3 of the first amended 15 complaint, I Florida Statute 27.03, which gives 16 the state to ey the authority over grand juries, and 17 if you t k at the cases cited under 27.03, there are a 18 nu r o them which say that the state attorney has 19 ma y, very broad powers in the conduct of a grand jury, 20 he option to make, in sion as to what they secrecy. And as I look at the paragraph you
21 Q. Thank you, Mr. Mendelsohn. Let's move on.
22 A. Okay.
23 Q. 24 your understanding that clear, unambiguous statutory In your long practice as an attorney, is it
25 language has to be enforced as written?
1 A. Well, there are circumstances where the 2 courts have implied causes of action. That's the famous 3 United States Supreme Court case of Cort v. Ash where the 4 Court said that, even if Congress did not specifically 5 authorize a cause of action, that, in certain 6 circumstances, if Congress did not bar such could 7 have an implied cause of action. That cot R:"also for 8 Section 10(b)(5) of the securities 1
9 Q. Okay, but
10 A. And Florida has too.
11 Q. All right. 12 stated that you went th h 05.27, right? ) ss. your research, you
13 A. Exact
14 Q. Ok d you came across this language, 15 right? I'm read this to you: "When such 16 disclosure ered by a Court pursuant to 17 subset (1) for use in 18 disclose r 4rto all parties to the case and to their 19 a ctor i eys and by the latter to their legal associates and 2\_1,4,5 cL p loyees; however, the grand jury testimony afforded 2'\3 such persons by the Court can only be used in the defense 22 or prosecution of the civil or criminal case and for no 23 other purpose whatsoever." a civil case, it may be
24 You came across that language when you were 25 doing the research, right?
1 A. Absolutely.
2 Q. And do you recall my client asserting that 3 as a defense from the beginning, from our first 4 interaction, first legal filing in this?
5 A. Yes, you made a motion to dismiss arguing 6 that the Post did not -- AilAr
7 Q. We'll take a yes. It was a or no.
8 A. Well, you asked me if YQ t ient did that, 9 and I was answering it. So the ans
10 Q. I'll take it as or no.
11 A. May I finish er without 12 interruption?
13 The a , yes, you made a motion to 14 dismiss under 90 7 a d asserted that the materials 15 could only b n a civil or criminal case. Of 16 course, we ispu ed that because of (c), which is the 17 furthe e of • justice language.
18 And did that -- did that argument -- was 19 s rgument successful in your action against the 20 rk?
21 A. It was never addressed by the Court.
22 Q. So you're telling me that Judge Hafele 23 never brought up 57 -- or, 905.27 in his final judgment?
24 A. No. I'm suggesting the way you
25 characterize it was not the way Judge Hafele decided.
1 Judge Hafele, in his final judgment, said that he felt
2 constrained by the statute vis-à-vis his inherent
3 authority as a judge.
4 While he wanted as a judge to exercise his
5 inherent authority to allow for disclosure, he felt that
6 the statute constrained him in doing so beca it did
7 not expressly so state that it could be uS outside of
8 the civil or criminal case. That's w elieve Judge
9 Hafele said.
10 Q. Do you have a co=t the final judgment in
11 front of you?
12 A. Yes. Whabebit is it?
{sup}`13`Q. It's ASSP
15 Q. ght, tab -- or, 1477.
14 A. 012 ay.
16 A. uYe. The newspaper makes strong arguments
17 to adva --
18 No. No, sir. No, sir.
19 6S 20 Q. No, sir. Let me redirect -- Let me direct
A. I'm sorry.
21 you to the first paragraph here under Emphasis Added? Do
22 you see it says, "Reading subsection (1)(c)..."?
23 A. Right.
24 Q. Could you read that until the cite for the
25 amended complaint, please?
1 2 3 4 5 A. Right. "Reading subsection (1)(c), furthering justice," which is in quotes and parentheses, "in tandem with section (2), it is evident that the phrase, quote, furthering justice, end quote, is to be interpreted in the context of seeking disclosure of the 6 grand jury materials for use in a pending cr al or 7 civil case."
8 Q. Keep going.
(:.s..?'
9 A. Yep. "The newspaper a n ledges that it 10 is not seeking the disclosure h materials for such 11 purpose. Instead"
12 Q. That's it aZk you, Mr. Mendelsohn.
13 A. But i the --
14 Q. Mr sohn --
15 NOGRAPHER: I'm sorry, I can't take 16 till()
17 THE COURT: Gentleman, gentleman, we're 18 re for trial, and you're being cross-examined
A THE WITNESS: Your Honor, maybe, for the 20 19 ) i -) rule of completeness, I would like to be able to 21 read the entire sentence.
22 THE COURT: So right now you're testifying.
23 It's your witness. What's your next 24 inquiry?
25 MR. WYLER: Thank you, Your Honor. May I
1 continue with this final judgment, Your Honor?
2 BY MR. WYLER:
3 Q. I would like you, Mr. Mendelsohn, to flip 4 to page 1479 of that same final judgment. At the very 5 top of that page, could you read that first sentence for 6 me, too -- for me?
7 A. "Subsection (2) clearly lim
8 Section 925.27's (sic) scope as to t ances in which 9 grand jury testimony or materials n d jo be disclosed 10 for use in a criminal or civil
11 Q. And then keep going.
12 A. "Section N p vides that, once grand jury 13 testimony is disclo he course of a court 14 proceeding, it i en open to unlimited dissemination. 15 Before that , the Court must determine that one of 16 the three rdq rescribed in section (1) is present in a 17 18 no iing ' ection 905.27 that gives the Court carte 19 < nc e," which he has italics, "authority to release 20 nd jury materials in any situation that might bear 21 some relationship to, quote, furthering justice, end 22 quote, in its broadest sense." crimin r civil case that requires disclosure. There's alt .'S
23 Q. Thank you. All right, so moving on from 24 905.27, in your extensive research of this case, did you 25 also come across Chapter 905.17?
1 A. Sure.
2 Q. Okay, and let me provide that to you, sir.
3 4 MR. WYLER: This is tab 32 of the -- or, 33 of the Authorities, Your Honor, tab 33.
5 BY MR. WYLER:
6 Q. Do you have it, Mr. Mendelsohn4Ar would 7 you like me to provide it?
8 A. It's the amended and su 9 of attorneys' fees and costs? tal affidavit
10 Q. You don't have t horities binder?
11 A. No, I don't Authorities binder.
12 MR. WYLER I approach?
13 THE C
14 BY MR. WYLER:
15 Q. a copy of 905.17.
16 A. l 76e's, I'm familiar with this provision.
17 Great, 18 senfence of that first paragraph, it starts with, "The 19 notes, records and transcriptions..." Would you please 20 mead that for the Court? okay. And then the very last
21 A. I'm not sure where you're directing me, 22 sir.
23 Q. Let me approach again and show you here.
24 I'm sorry, I didn't have this highlighted for you.
25 Right here, very last sentence of that
1 first paragraph starts with, "The notes..."
3 Q. Will you please read that for the Court?
4 A. Sure. "The notes, records and
5 transcriptions are confidential and exempt from the
6 provisions of Section 119.07 subdivision (1)
7 Section 24(a), Article 1 of the State Con ution, and
8 shall be released by the clerk only quest by a
9 C) grand jury for use by the grand ju1-/ or on order of the
10 Court pursuant to 905.27."
11 Q. Thank you, . lsohn. And do you
12 recall my client assert' k t 's as a defense to your
13 claim as well?
14 A. Y ( Ses. A\
15 Q. n't it true that your client and your
16 firm and yi yqu self have been made aware several times
17 that Melilrronberg or and his office have no ability to
18 comply w h your declaratory relief claim because they
19 wave no possession, custody or control of those requested
20 ind jury materials?
21 A. I'm aware that's your argument.
22 Q. You're aware that we've made that argument
23 to you several times, are you?
24 A. Yes, you made a motion to dismiss and a
25 motion for summary judgment.
1 Q. And did we also put that argument in our 2 57.105 demand?
4 Q. Okay. And isn't it true that you and your 5 client have admitted that the clerk is the only one in 6 possession and control of those requested gralliyury 7 materials?
8 A. I don't believe so.
O S
9 Q. All right. If I coul di ect the Court and 10 you, Mr. Mendelsohn, to tab 20 it's stamped 11 262.
12 A. 262? Yes sr.
13 Q. And ISHSIte second paragraph starts with, 14 "Also..." Can y us read -- Can you just read that 15 first sentenc e? Or I'll just read it here. It 16 says, Also clerk, who admittedly has both possession 17 and co 1 of the Epstein grand jury materials, has not liZ air St Ln Beach Post. 18 fo1 wed he state attorney's lead in seeking sanction of 19
20 It says that in there, correct?
21 A. Well, you didn't read it verbatim, but 22 essentially that's what it says, yes.
23 It also says the clerk's decision --
24 Q. I didn't ask you what else it says.
25 A. I know, because it doesn't help you.
2 3 THE COURT: Gentleman, so this is the second time, okay?
Q. But I didn't ask you that.
4 MR. WYLER: Thank you, Your Honor.
5 THE COURT: Let's maintain a little 6 civility.
7 BY MR. WYLER: 'OA
8 Q. Mr. Mendelsohn, in your sive 9 involvement in this case, how did y c ntribute to the 10 June 3rd, 2020, motion to dism aring?
11 A. How did I?
12 Q. Yeah, or
13 A. I did ie the motion, but certainly, 14 as part of the e had discussions as to how we 15 thought it sh argued, the potential arguments from 16 the state to ney s office and what we thought would 17 occur. .
18 CV: 1r Did you attend via Zoom or
c) A. Yes 19
je Q. Okay.
21 A. -- I did.
22 Q. And have you ever read the transcript of 23 it?
24 A. Some time ago, yes.
25 Q. Okay, so then you were aware of Judge
1 Marx's statements, the ones that I read onto the record 2 in my opening statement regarding the impossibility of 3 performance for the records that you requested?
4 A. I know she said that, yes.
5 Q. Okay. 6 statements as to an impossibility of Mr. Ar 7 able to comply? Did you agree with Judge Marx's cab4v, being
8 A. I took her statements a om.lete dicta 9 since they were not before her as a ue tion on the 10 motion to dismiss. I did not hat personal 11 knowledge she had of what e attorney's possession 12 or nonpossession was. 'id not credit it as being 13 anything but a dict st ent from her.
14 Q. So O your firm, no one objected to 15 those stateme n, correct?
16 A. here wasn't -- I'm not sure what you're 17 referrit549.
18 19 20 hose statements made on the record in that hearing? Was there any objections made to any of (1:c - se statements made -- objections or appeals made as to
21 A. I don't follow, because you don't make 22 objections to a judge's comments.
23 Q. Well, through an appeal, you would. Did 24 you file an appeal as to that motion to dismiss?
25 A. No. It wasn't necessary.
1 Q. Okay. Would you please flip to our Joint
2 Exhibit Number 14?
3 A. Sure.
4 Q. It's also found at stamp 232.
5 A. Yes, sir.
6 Q. Okay, do you -- do you recogn this as a 7 copy of my client's 57.105 demand letter 8 the email when it was sent to you?
9 A. Yes, I do.
10 Q. And what day was nt to you?
11 A. June 8th --
12 Q. Okay.
13 A. -- of 2
14 Q. yo . And then, if you flip to the -- 15 past the lett t's stamp 235.
17 Do you -- Do you recognize this as the 18 mo n far attorneys' fees that was sent along with that 19 (INi to -- or, with that 57.105 demand?
20 A. Well, it wasn't a motion. It was an 21 unsigned proposed motion that you were suggesting would 22 be filed if we did not act within the 21-day safe harbor 23 under 57.105.
24 Q. That's right. And that -- Do you know when 25 this motion for attorneys' fees was actually filed?
1 A. July, the beginning of July of 2020, I
2 believe.
3 Q. If I told you July 1, 2020, does that sound 4 correct to you?
5 A. Yes, it does.
6 Q. Okay. And is that more than 24,st after 7 June 8th, 2020?
8 A. Yes. CS
9 Q. It's 23 days beyond, th.
10 A. I have no reason •'ubt that.
11 Q. If you look c quoted in our -- In the e r il 12 57.105 demand, you'll s ote of the Chapter 57.105 13 subsection (1).
14 A. W re ou referring to now?
15 Q. see in my the 57.105 demand 16 letter, st 1 ibit 14?
17 The demand letter that's Exhibit 16?
18 No, no, no. Still on 14.
{sup}`19` rINN A. 14.
{sup}`20`Nh....) Q. stamp 233.
21 A. 233? Yes.
22 Q. Okay. Do you see where the 57.105
23 statute's quoted there in the middle of the page?
25 Q. Can you tell me anywhere in there there's a
1 good faith element?
2 A. No, because you didn't quote the good faith 3 element of the statute.
4 Q. In subsection (1), is there a good faith 5 element?
6 A. I believe there is a good fai ement 7 that wraps around the entire proceeding o .105.
8 Q. Okay, but in subsectionK e f, is there 9 a good faith element in that subsec
10 A. No, but there's itional good faith 11 provision in 57.105 that y t cite to in this 12 letter.
13 Q. Okay., o re you to 57.105 14 subsection 4? I s ow you the statute. referring
15 A. just check here. I'm looking at my L ) 16 letter of C ne 23rd. 57.105(3)(a), that's what I was 17 referri to.
18 . Okay. All right. And, now, we talked ub 19 u this before. Can you -- 57.105(3)(a), can you read 20 Osection (a) for the Court?
21 A. I don't have 57.105. I have my letter 22 which --
23 Q. I can hand it to you.
24 A. Sure.
25 Q. Yeah, absolutely.
1 A. Thank you.
2 Q. You're welcome. 3(a) is right there.
3 A. "Notwithstanding subsections (1) and (2),
4 monetary sanctions may not be awarded; (a), under
5 paragraph (1)(b) if the Court determines that the claim
6 or defense was initially presented to the Cq as a good
7 faith argument for the extension, modificaen or
8 reversal of existing law or the estab = t of new law
9 as it is applied -- as it applied t th material facts
10 for the reasonable expectation ccess; (b), under
11 section" -- excuse me -- " ragraph (1)(a) or
12 paragraph (1)(b) agains 1 ing party's attorney, if he
13 or she has acted in oo ith based upon the
14 representations is or her client as to the existence
15 of material ), under" --
16 Q. ~ £~ st -- I just needed you to read (a).
17 Thank
18 II, I wasn't sure.
19 ) Q. Q. So under (3)(a), does that apply to
+ 21 (1)(b) there?
20 Nimbsection (1)(a) of the statute, or does it only say
22 A. No, if you look at (3)(a) -- if you look at
23 (3)(b), it says, under paragraph (1)(a) or
24 paragraph (1)(b) against a losing party's attorney if he
25 or she has acted in good faith.
1 You're seeking fees against myself and --
2 Q. No, no.
3 A. -- and Greenberg attorneys, so I read that 4 as being applicable.
5 Q. Mr. Mendelsohn, you're skipping down to --
6 That's not what I asked you. 57.105(3)(m), that
7 apply to 57.105(1)(a)? Does it say it in statute?
8 MS. WHETSTONE: Objecti t1 s for a 9 legal conclusion.
10 MR. WYLER: No, 11 it. st asking him to read
12 A. It doesn y 1)(a) under (3)(a), but I 13 don't remember the 14 you're suing bat client and the lawyer under 57.105, 15 that both of n t make the argument of good faith. as to whether or not, when
16 BY MR. WYL
17 18 un paragraph (1)(b), if the Court determines that the 19 Lm or defense was initially presented to the Court as 20 ood faith argument? But correct me if I'm wrong, it did say,
21 A. (1)(b) has good faith in it as well, yes.
22 Q. It doesn't say (1)(a) in there, does it?
23 A. I'm confused now as to what you're asking 24 me. No offense.
25 Q. Mr. Mendelsohn, that's okay. I'll move on
1 from that. I believe the Court understands what I'm 2 saying.
3 So back to that 57.105 demand letter.
4 Isn't it true in that demand letter that we asserted that 5 your client's declaratory relief claim is not supported 6 by the material facts to establish it?
7 A. That's what you say, yes.
8 Q. Okay, we made that asse vim yes?
9 A. That's what the state tt rney asserted.
10 Q. Yes, sir, okay. in making that
11 assertion, didn't he say 't\ her him or his office 12 has custody or control dei.hSge records and that's it's s ty PiS y 13 impossible for him p de them? He made that known 14 to you in that 1 r?
15 A. what he said, yes.
16 Q. y. Didn't that letter also say that 17 your clam's declaratory relief claim is unsupported by 18 th pplication of the law to those facts?
19 A. Well, in a conclusory way, yes, but not in 20 ATe specifics as to why we were wrong.
21 Q. Well, then maybe you should keep looking at 22 that because, if you flip to the second page of that 23 57.105 demand letter, do you see Section 905.27(2) quoted 24 as the reason for that assertion?
25 A. Yes, but if you recall, there was more --
1 Q. Thank you.
2 A. -- there was more than one argument you 3 were making and more than one argument we were making.
4 Q. A review of this letter makes crystal clear 5 -- I'm sorry. All right. Okay, let's go to tab number 6 16.
7 A. Yes. AR0,
8 Q. Do you recognize this a letter where 9 you rejected our 57.105 demand?
11 Q. Can I direct the very last paragraph 12 of that letter?
13 A. "For eNSip asons, we decline" --
14 Q. No 'r. No, sir. I'll point you. The 15 very last par of this letter, it starts with, "Also 16 assuming..
17 That's actually --
18 II, no, I'm sorry, on the second page. I 19 n't need that one.
20 V A. That's actually the penultimate --
21 Q. Then we'll start with the penultimate 22 paragraph on 245 --
23 A. Right, I see that, yes. It starts, "Also 24 assuming..."
25 Q. First sentence, please.
1 A. "Also assuming the state attorney does not 2 have physical possession of the grand jury materials, 3 there is nothing in Florida law that prohibits the state 4 attorney from requesting the clerk provide copies to the 5 state attorney."
6 Do you want me to keep readin
7 Q. No, sir. Thank you. But I ld like to 8 9 10 11 12 and 13 a grand 14 jury for use by Court 15 pursuant to redirect your attention, again, back .17 and that statement that you read earlier. I sa s, "The notes, records and transcriptions are dential and exempt from the provisions of Sec Section 24(a) Article 1 shall be released b erk only on request by d jury or on order of the 905.27." .07(1) and tIe State Constitution
16 A. ight, I'm familiar with that.
17 Okay.
18 19 state And that attorney. section refers to the clerk, not
20 4. Thank you. Exactly. Thank you.
21 22 attorney in this statute from asking the clerk for these 23 materials. A. So there's nothing to prohibit the state
24 Q. All right, isn't there a big difference 25 between getting access from the clerk for materials and 1 disclosing the materials? Isn't there a difference
2 between that?
3 A. I don't understand what you're asking.
4 Q. I'll ask you again. Isn't there a
5 difference between accessing the materials and being able
6 to disclose the materials?
7 A. Once the clerk provides 'OA
8 Q. No, no, no. It's a yes question.
9 A. Then I don't understa at you're asking 10 me, to be honest with you.
11 Q. Is there -- Is Herea difference between
12 saying, Hey, may I pleas ave these records, versus
13 saying, Here you go a these records, Newspaper?
14 A. We, you're -- what you're asking me 15 is a twofold
16 Q. asked you one question. Is there a
17 differ between access and disclosure?
18 No. Once you access something, it's
19 cl sed. I don't understand what you're asking me,
20 , I honestly don't.
21 Q. Mr. Mendelsohn, I'm sorry, and I do not
22 want to have -- I do not want to make the Court angry,
23 but we've got to stop talking over each other. I'm
24 asking you a simple question.
25 You stated here that Mr. Aronberg could get
9 A. Okay.
10 11 Q. The clerk gives Aronberg asks the clerk for the records and k gives them to him.
12 A. Okay.
13 14 Q. That'sinS'w at you asked for in your lawsuit, is it? 8 -
15 A. , f course it is.
16 17 18 Q. . Mendelsohn, did you not -- does not your cdpplaint request the complete -- the disclosure of th rebords from my client?
19 4(c, A. But --
20 21 0 Q. You asked -- Did you ask in your lawsuit for my client to hand these records over?
22 A. No, no.
23 Q. No? Okay.
24 25 be examined by the Court in camera before they were ever A. No, because we had asked for the records to
A. He could ask the clerk for them, and I for the 3 4 didn't -- and I argued that there was nothing in the 5 statute prohibiting him from asking the clerk 6 clerk to give his office these documents, y ir.
1 access to these records through the Court -- through the 2 clerk, correct?
7 Q. Okay, sure. Okay, thank yo4Q An so let's 8 just say that happened. 4)
1 2 3 4 5 to be disclosed to the public. In fact, we stated in the amended complaint that the Court should review such documents and redact anything that would identify witnesses or potential witnesses or those who were not charged with a crime.
6 So it's inaccurate for you to west that AR,;,I 7 the paper just wanted it handed to them. t was never 8 the case. 0
9 Q. Okay. Let's look bac at your complaint. 10 It's tab number 9. We're goin ook at stamp 11 136, and we're going to lo, CC ur wherefore clause.
12 A. Tab 9, youbottom
151:10 | case
150:25
151:17,21
152:18,22
153:5 155:3,
17,18,22
156:15 157:8
158:7 159:10,
17,24 163:9
169:13 175:8
179:7 181:17
185:11,16,21,
22 186:2
187:5,7,10
189:9 190:22,
24 194:24
195:8,9,12
200:4,5
201:23 202:2
207:7 209:3,6 | charged
175:5 198:15
charges
194:5,6
check
167:15
chose
198:19
circumstances
155:1,6 194:4
cite
154:15 157:24
167:11 190:6
191:4
cited
154:17 189:5
190:22,24
191:10
civil
150:25
151:17,21
152:18,21
153:4 155:17,
22 156:15
157:8 158:7
159:10,17
183:1,2
184:7,8
187:5,7,10
201:23
chance
204:17
change
178:25 179:4
changed
153:23 179:6
181:4 199:24
200:2,11
Chapter
149:12 159:25
166:12
characterize
156:25 | clear
175:11
191:17,20,24
clauses
191:19
Clayton
195:9
clear
154:3,24
171:4 191:5
clerk
145:20,25
146:7 153:2
156:20 161:8
162:5,16
172:4,13,18,
22,25 173:7
174:2,3,5,6,
10,11 182:10,
12,16,21
183:17 184:20
185:15,17,23
188:19,23
189:3,22
192:3 202:1,
13,16
clerk's
162:23 182:4,
7,24 184:11,
14 196:1
client
148:16
149:18,23
150:13,23
153:15 154:1
156:2,8
161:12,15
162:5 168:14
169:14
174:18,21
177:14 180:6, |
| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
|
c
CA
145:8
call
203:6 205:7
calls
169:8
camera
174:25 176:6
186:10
capacity
150:15
188:11,24
189:3,22
190:20,25
198:18 209:2
care
195:13
carte
159:18 | | | |
| 12,13 181:16
184:4 185:23,
25 186:8 | **complaints**
149:23 | 161:5 172:10
183:4 184:4
185:4 | **context**
158:5 |
| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| **client's**
149:17,23
165:7 170:5,
17 181:4
186:7 | **complementary**
201:10 | **confidentiality**
182:14,17,23 | **continue**
159:1 |
| **close**
190:3 | **complete**
164:8 174:17 | **conflict**
201:16 | **contradict**
204:25 |
| **closing**
205:15,17,23
206:5,9,14 | **completeness**
158:20 | **confused**
169:23 | **contrary**
202:18 |
| **closings**
207:10,25 | **complicated**
182:24 | **confusing**
178:4 179:17
180:4 | **contribute**
163:9 |
| **comment**
148:15,21 | **comply**
161:18 164:7
180:24,25 | **Congress**
155:4,6 | **control**
149:19,24
150:14,16
161:19 162:6,
17 170:12
188:12,25
195:14 |
| **comments**
164:22 192:20
193:1 | **compound**
149:2,3 151:3 | **connection**
150:24 151:16
152:17 153:4
187:4 | **conversation**
148:20 203:11 |
| **compare**
188:14 | **comptroller**
188:23 | **consented**
196:7 | **copies**
172:4 204:4 |
| **comparing**
189:2 | **concept**
194:9 | **Constitution**
161:7 172:12
201:8 | **copy**
157:10 160:15
165:7 199:17,
18 207:18 |
| **complain**
147:6 | **concluded**
209:20 | **constitutional**
201:18,19 | **corner**
151:10 |
| **complaint**
149:18 150:1,
3,6 23 154:15
157:25 174:17
175:2,9
183:14 187:22
189:10,15,25
190:4,5,23,24
191:16 192:12
195:22
198:12,13
200:8 | **conclusory**
170:19 | **constitutionally**
197:1
**constrained**
157:2,6
**construction**
194:1
**contacted**
146:23 147:6
**contention**
177:12
**contesting**
208:13 | **correct**
151:18,22
162:20 164:15
166:4 169:17
174:2 176:4,
20,22 177:16
178:15 179:1,
13,15,25
182:6,21
185:8 187:5
188:19
189:12,24 |
| 190:5,13,14 | 10 182:9,11 | 158:6 159:10, | days |
| ------------------ | -------------------- | ----------------------- | -------------------- |
| 191:12 197:23 | 183:4,13,16, | 17 184:7,8 | 166:6,9 |
| 198:3,4,9,10, | 17 184:4,15, | 187:5,7,10 | 176:21,25 |
| 15,24 199:5, | 18 185:3,24 | 201:23 | 177:10,16 |
| 6,9,10,15,16, | 186:10 187:15 | cross | 178:3,25 |
| 19,20 202:7 | 192:1,3,4,10 | 145:17 146:9 | 179:10,14,15, |
| 208:5 | 194:20 195:4, | 158:18 | 16 207:17,22 |
| **corrected** | 14 196:3 | **cross-examined** | 209:10 |
| 177:13 | 197:4 201:13, | 158:18 | |
| **Cort** | 15,20 202:3, | **crystal** | DCA |
| 155:3 | 15,22,25 | 171:4 | 184:10 195:8, |
| **costs** | 203:5,20,24 | cuff | 13 202:15 |
| 160:9 | 204:1,6,8,12, | 206:18 | 204:5 |
| **Count** | 16 205:9,12, | **cure** | deal |
| 149:16 198:4 | 15,24 206:3, | 179:24 | 206:18 |
| 200:22,24 | 11,16 207:1, | **custodian** | dealing |
| 201:4,5 | 13,17,23 | 182:8,22 | 190:24 197:17 |
| **County** | 20:8,11,18, | **custody** | decide |
| 175:24 188:8, | 21 209:15,19 | 161:19 170:12 | 199:22 |
| | **Court's** | 190:11,12 | **decided** |
| 23 192:5 | 175:22 182:22 | 192:20 194:20 | 156:25 |
| 196:1 | 185:2 192:2 | 197:17 198:7, | 200:14,19 |
| | 195:5,8 | 9,14 | **decision** |
| **court** | 201:16,19 | | 154:11 162:23 |
| 145:3,16,20 | **courts** | | 200:12 |
| 146:7 147:3 | 155:2 | **D** | **decisions** |
| 148:1,6,7 | **creating** | **date** | 148:17 |
| 149:3 150:8 | 148:21 190:7 | 177:24 178:2, | **declaration** |
| 152:25 153:9 | | 25 | 152:18 |
| 155:3,4,16,21 | **credibility** | **dated** | **declaratory** |
| 156:21 | 195:20 | 189:25 | 161:18 170:5, |
| 158:17,22 | **credit** | **Dave** | 17 177:15 |
| 159:13,15,18 | 164:12 | 145:14 176:14 | 183:1,18 |
| 160:13,20 | **crime** | 177:21 | 200:22 201:6 |
| 161:3,10 | **criminal** | 180:11,15 | **declaring** |
| 162:9 163:2,5 | 150:25 | 188:6 | 175:20 |
| 167:20 168:5, | 151:17,21 | **day** | **decline** |
| 6 169:18,19 | 152:18,21 | 149:7 153:14 | 171:13 |
| 170:1 172:14 | 153:5 155:22 | 165:10 178:22 | **deems** |
| 173:22 174:1, | 156:15 157:8 | 209:19 | 192:10 |
| 25 175:2,19 | | | |
| 176:5 177:6, | | | |
| defendant
145:15 179:7
180:6 183:18
188:6,22 | devoted
149:7
dicta
164:8,13
193:3
difference
172:24 173:1,
5,11,17 209:1
differing
181:18
direct
149:6 157:20
162:9 171:11
191:16 204:22
directing
160:21
direction
182:10,23
directly
204:25
disagreed
193:12
disclose
173:6 182:11
disclosed
152:19 155:18
159:9,13
173:19 175:1
176:8 187:2
196:10
disclosing
173:1
disclosure
155:16 157:5
158:5,10
159:17 173:17
174:17 182:13
183:4,7,15
185:4,7 | 186:8,23
194:8
discretion
154:11
discuss
194:14
discussed
148:20 186:12
205:16
discusses
184:19
discussion
147:22 186:22
discussions
163:14 203:16
dismiss
149:16 156:5,
14 161:24
163:10
164:10,24
192:23 198:20
200:15
disputed
156:16
dissemination
159:14
district
188:7 190:9,
16 191:8
documents
149:19,25
150:14,16
151:20 152:24
153:11 174:6
175:3 188:12,
25
door
147:23 | doubt
166:10
Douglas
145:13
draw
187:24
drop
148:23 179:4,
23 199:23
dropped
179:5,7,24
180:11,15,16,
20 181:10,13
185:16,20
200:4 202:4
dropping
177:20 180:6
181:2
due
181:14
duly
146:7 188:6,
22 |
| -------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
|
E
| | | |
| | earlier
172:9 206:16 | easier
188:16 | |
| | editorial
148:17 | Edmondson
147:6,8,16 | |
| | elected
188:7,23 | element
167:1,3,5,6,9
201:19 | |
| 158:21 7:7 | |
| --------------- | --------------- |
| enti S | |
| 1 :17 | |
| Epstein 's | |
| ESQ | excused |
| 146:6 | 202:22 |
| essentially | exempt |
| 162:22 191:14 | 161:5 172:10 |
| establish | exercise |
| 170:6 179:23 | 157:4 |
| established | exhibit |
| 194:3 | 148:1,4,5 |
| establishment | 152:7 157:12 |
| 168:8 | 165:2 166:16, |
| eventually | 193:17 |
| 153:23 | 20 |
| everybody | 's |
| 204:8 | • 151:8 |
| evidence | :23 |
| 146:1,15 | istence |
| 147:25 14 | 168:14 |
| ( Ll | |
| 149:6 187:16, | expectation |
| 17 | 168:10 |
| examined | expedited |
| 174:25 176:5 | 192:9 |
| 186:10 | experienced |
| excluded | 206:19 |
| 203:21 | expert |
| exclusively | 208:14 |
| 201:22 | expressly |
| 150:19 168:11 | extend |
| 183:15 | 209:7 |
| federal
194:6 195:6
196:2 | finally
200:21 | fourth
152:13 184:10
202:15 204:5 | giving
181:8 |
| ----------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------ | --------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| fees
160:9 165:18,
25 169:1
176:14 180:2
197:22 198:23
199:2,14,18
208:8,16 | fine
147:2,10
154:8 194:12 | front
151:7 157:11
188:2 | goal
186:7,9,25
187:1 |
| felt
157:1,5
194:24 | finish
156:11 193:23
194:14 | furtherance
152:23 156:17
201:12,22 | God
196:25 |
| file
164:24 184:2,
6 192:3 | firewall
204:23 | furthering
158:2,4
159:21 194:2,
9 | good
145:5,12
146:11,12
148:7 167:1,
2,4,6,9,10
168:6,13,25
169:15,20,21
187:19 |
| filed
165:22,25
176:21 177:9,
24 179:23
180:1 182:25
183:23 185:14
186:4 189:15
198:21,23
199:8,18,19
202:8 204:5 | fits
179:12 |
G
gain
175:22 176:3,
7 | government
196:3 |
| files
192:4 | flip
159:3 165:1,
14 170:22 | gave
153:17 154:10
178:24 179:2
194:23 | grand
150:20
154:12,16,19
155:20 158:6
159:9,12,20
161:9,20
162:6,17
172:2,13,14
175:24
182:14,17
183:19
184:16,22
187:1 188:9
189:8,12
190:8,12,13,
16,18 191:1,
7,11,13
192:5,20
193:11 194:21
195:1,10,15,
21 196:2
197:17
198:16,17,19 |
| filing
154:1 156:4
178:2 183:6
185:7 203:12 | follow
164:21 182:22 | gentleman
158:17 163:2 | |
| final
156:23 157:1,
10 159:1,4
181:24 185:2
186:25 187:1
193:14 194:13
200:22 206:6 | formulating
206:6 | Gerard
145:6 189:18 | |
| | found
150:2 165:4 | give
146:1 174:6
177:2,3
180:19
205:17,19
206:4,24
207:1,11,13,
17,23,24
208:1,18
209:9 | |
| | foundation
147:1 | | |
| 199:25 200:1
201:9 202:2,
14 207:5
208:25 209:3 | **handed**
175:7 | **honestly**
173:20 | **important**
197:3 |
| --------------------------------------------------------------------- | ------------------------------------------------------------------------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| **grant**
186:23 189:6
192:9 | **happen**
196:22 | **Honor**
145:5,12,18
146:25 147:21
149:1 150:9
158:19,25
159:1 160:4
163:4 188:16
203:7,15,23,
25 204:4,19
205:1,14
206:8 207:12,
15,21 208:6,
10 209:13,14,
17,18 | **impossibility**
164:2,6
**impossible**
170:13
**in-camera**
152:24 153:9
191:23 192:7,
13 |
| **granted**
190:17 | **happening**
179:18 | **inaccurate**
175:6 178:9 | **incarceration**
194:7 |
| **great**
160:17 186:25
206:25 209:19 | **harbor**
165:22 199:21 | **horowitz**
209:6
**hour's**
186:21 | **inclined**
186:15,23
**included**
198:17
**indicted**
186:12
**individual**
190:20
**inform**
196:21
**informing**
175:25 |
| **Greenberg**
145:8 169:3 | **hard**
199:18 | **hours**
149:8
**hundreds**
149:8 | **inherent**
157:2,5
175:22 192:2
194:20,21
195:4,5
201:14,19
**initial**
184:18 198:12 |
| **group**
163:14 | **hear**
195:1 207:3 | **identification**
186:11
**identified**
182:10
**identify**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **great**
160:17 186:25
206:25 209:19 | **hearing**
163:10 164:20
192:18,19
199:2,6,11,
13,15 209:12,
20 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **Greenberg**
145:8 169:3 | **hearing**
163:10 164:20
192:18,19
199:2,6,11,
13,15 209:12,
20 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **group**
163:14 | **held**
148:24 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **inherent**
157:2,5
175:22 192:2
194:20,21
195:4,5
201:14,19
**initial**
184:18 198:12 |
| **guess**
181:18 204:1 | **held**
148:24 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **guidance**
207:2 | **hearing**
163:10 164:20
192:18,19
199:2,6,11,
13,15 209:12,
20 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **guilty**
194:6 | **hearing**
163:10 164:20
192:18,19
199:2,6,11,
13,15 209:12,
20 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **guys**
208:2 | **held**
148:24 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **H** | **held**
148:24 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **Hafele**
156:22,25
157:1,9
186:13,24
192:15 193:15 | **held**
148:24 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **Hafele's**
186:15 | **held**
147:19 203:12 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **half**
186:21 | **held**
147:19 203:12 | **identified**
180:21
**identified**
175:3
**illegal**
146:24
**Imagine**
196:23
**implied**
155:2,7 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
| **hand**
167:23 174:21 | **holdings**
145:9 | **holdings**
145:9
**honest**
173:10 | **initial**
184:18 198:12
**initially**
153:21 168:6
169:19 |
**inquiry**
158:24
**inspection**
152:24 153:9
191:23 192:7,
13
**instance**
205:6
**instances**
159:8
**interaction**
156:4
**interactions**
196:8
**interest**
182:9 194:7
**interpret**
181:19
**interpreted**
158:5
**interruption**
156:12
**investigation**
190:13 192:7
**investigations**
189:8
**involved**
189:9
**involvement**
163:9
**involving**
151:21 187:11
**issue**
184:10,25
185:22 186:1,
24 194:18
205:3 208:25
**issues**
182:9
**italics**
159:19
**J**
**J17**
176:13
**Jeffrey**
150:18 192:6
202:2
Jane
196:23
Jeffrey
190:18 192:6
202:2
Jennifer
145:7
**Joe**
196:23
**joint**
165:1 204:9
Joked
206:16
**judge**
149:15
156:22,25
157:1,3,4,8
163:25 164:5
186:13,15,24
192:15,18,19,
25 193:4,6,15
209:7
**judge's**
164:22
**judgment**
156:23 157:1,
10 159:1,4
161:25 181:24
183:1,2,14,18
185:2,19
192:14 193:14
194:14 198:20
200:22 201:6
202:20 206:6
**judicial**
182:16 183:5,
8,24 185:6
188:7 190:9,
16 191:8
**July**
166:1,3
176:18 198:24
199:12,14
**June**
149:15 163:10
165:11 166:7
167:16 178:23
179:10 197:10
200:17
**juries**
154:16 190:8
191:7
**jurisdiction**
190:7
**jurisdictional**
181:11
**jurist**
193:7
**jury**
150:20
154:12,19
155:20 158:6
159:9,12,20
161:9,20
162:6,17
172:2,14
175:24
182:14,17
183:19
184:16,22
187:1 188:9
189:8,12
190:12,13,16,
18 191:1,11,
13 192:6,20
193:11 194:21
195:1,10,15,
21 196:2
197:17
198:16,17,19
199:25 200:1
201:9 202:2,
14 207:5
208:25 209:3
**justice**
152:23 156:17
158:2,4
159:21 194:2,
9 195:25
201:12,22
**Justice's**
195:25
**K**
**knew**
186:3,4
**knowledge**
164:11
**Krischer**
190:21 195:11
196:7
**Krischer's**
196:9
**L**
**Lago**
| **laid** | **legislative** | **M** | 149:15 164:1,
5 192:25
193:4 |
| ----------------- | ---------------------------------------- | ------------------------------ | ----------------------------------------------- |
| 195:16 | 209:8 | 145:20 | 186:19 |
| **language** | **letter** | **Madam** | **material** |
| 154:25 | 146:17 165:7,
15 166:16,17 | 145:20 | 168:9,15 |
| 155:14,24 | 167:12,16,21 | 156:5,13 | 170:6 |
| 156:17 179:13 | 170:3,4,14,
16,23 171:4,
8,12,15 | 161:16,22,24 | 150:24 151:1,
16,24 152:17,
19 153:16 |
| 189:14 201:11 | 167:13,14,
17:3,4,14,
18,17,15 | 164:18,19,20 | 156:14 158:6,
10 159:9,20 |
| **Lauren** | 178:23 | 176:18 180:2 | 161:20 162:7,
17 172:2,23,
25 173:1,5,6 |
| 145:6 | 180:17,23 | 184:9 185:11,
12,15,17,18 | 175:25 182:8,
12,22 183:19 |
| **law** | 181:5 197:15,
23 198:9 | 192:8,15,19 | 184:16,22,23 |
| 145:13 168:8 | 200:17 | **mail** | 186:16 187:2 |
| 169:13 170:18 | **limited** | 199:17 | 193:12 194:8 |
| 172:3 183:17 | 152:20,21 | **maintain** | 195:19 196:2,
11,13 197:1,
18 198:21 |
| 170:3 183:17 | **limits** | 163:5 182:17 | 200:1 201:10 |
| 190:22,24 | 159:7 | **majority** | 202:2,14,18 |
| 190:22,24 | **list** | 208:8 | **math** |
| 198:16 209:7 | **listed** | **make** | 166:9 |
| **laws** | **litany** | 148:15,17,18 | **matter** |
| 155:8 | 191:6 | 154:10,11 | 147:13 183:17 |
| **lawsuit** | **long** | 164:21 169:15 | **matters** |
| 149:9 154:1 | 154:23 | 173:22 | 194:3,7 |
| 174:14,20 | **litany** | **makes** | **media** |
| 180:15,21 | **long** | 157:16 171:4 | 196:18,19 |
| 181:3,6,13 | **longer** | 193:25 | **memo** |
| 183:23 185:14 | **longer** | 193:25 | 208:7 |
| 186:4 187:14 | **looked** | 170:10 171:3 | **Mendelsohn** |
| 196:24 | **looked** | 178:8 181:15 | 145:11 146:6, |
| **lawyer** | **loop** | **manner** | |
| 169:14 | **loop** | **make** | |
| **lay** | **loop** | **mark** | |
| 206:15 | 181:16 184:23 | 145:6 | |
| **lead** | 185:25 200:20 | 170:10 171:3 | |
| 162:18 | 202:13 | 178:8 181:15 | |
| **left** | **looked** | **manner** | |
| 145:16 151:10 | 191:5 | 179:20 | |
| **legal** | **loop** | **Mark** | |
| 155:19 156:4 | 190:3 | 145:6 | |
| 169:9 192:10 | **losing** | **Marx** | |
| 195:17 204:24 | 168:12,24 | 192:18,19 | |
| **legally** | **lot** | 193:6 | |
| 208:15 | 178:4 206:1,
17 | **Marx's** | |
| 11 154:21 | 13 161:24,25 | **needed** | 199:11,13 |
| --------------------- | --------------- | ---------------------- | -------------------- |
| 158:12,14 | 163:10,13 | 153:15,17 | Notwithstanding |
| 159:3 160:6 | 164:10,24 | 154:4,5,9 | 168:3 |
| 161:11 162:10 | 165:18,19,20, | 168:16 194:14 | **November** |
| 163:8 169:5, | 21,25 176:14 | 200:7,12,20 | 189:15 199:8, |
| 25 173:21 | 177:8,11 | 205:18 | 19 |
| 174:16 179:22 | 180:2,25 | **negotiations** | **number** |
| 181:19 185:1 | 181:8,9 | 146:16,22 | 150:3 154:18 |
| 187:19 197:7 | 183:7,14,15 | 147:19,20,24 | 165:2 171:5 |
| 203:10 204:23 | 184:2,6,9 | 148:22 | 175:10 177:19 |
| 205:4 | 185:7,19 | 203:13,20 | 178:8 179:17 |
| **mention** | 192:14,23 | **neutral** | 193:20 201:5, |
| 199:11 | 197:8,9,15, | 153:20 184:25 | |
| **mentioned** | 16,22 198:20, | **neutrality** | O |
| 153:8 200:21 | 23,25 199:2, | 153:24 154:2 | |
| **middle** | 4,7,10,14,18 | 184:21 200:1, | |
| 166:23 | 202:19 205:11 | 11 | |
| **Mike** | **move** | **news** | **object** |
| 147:6,16 | 149:5 153:13 | 204:24 | 153:16,17,22 |
| **[REDACTED]** | 154:21 169:25 | | 154:4,5,9 |
| 204:10 | 197:4 | | 202:11 203:18 |
| **mind** | **moved** | **newspaper** | 205:1 |
| 189:19 | 180:1,5 183:1 | 148:21 157:16 | **objected** |
| | | 158:9 173:13 | 153:20 164:14 |
| **minute** | **moving** | 182:25 186:16 | **objection** |
| 208:1 | 159:23 | 193:25 | 146:25 147:21 |
| **minutes** | | **newspaper's** | 148:7 149:1 |
| 175:23 192:4 | | 183:14 | 169:8 200:10, |
| 204:13 | | 183:14 | 11 205:10 |
| **mixing** | **named** | **non-movant** | **objections** |
| 180:9 | 189:3,11,22 | 204:7 | 164:18,19,22 |
| | 190:10,11 | **non-objection** | |
| | 198:18 201:1 | 200:10 202:1 | **objects** |
| **modification** | 209:2 | **Nonetheless** | 202:13 208:8 |
| 168:7 | | 182:12 | **obligation** |
| **moment** | **names** | **nonpossession** | 209:8 |
| 204:10,12 | 188:19 | 164:12 | **obligations** |
| **monetary** | **naming** | 160:19 161:1, | 175:20 |
| 168:4 | 198:11 | 4 172:9 | **obtaining** |
| **motion** | **narrow** | 197:20 196:3 | 183:3 185:4 |
| 149:16 156:5, | 193:5 201:23 | 177:20 196:3 | 186:7 195:19 |
| **obvious** | **opening** | **Palm** | **participate** |
| ----------------- | -------------------- | -------------------- | -------------------- |
| 191:8 | 164:2 | 145:9 152:16 | 194:24 |
| **occur** | **opportunity** | 162:19 | **parties** |
| 163:17 | 153:18 194:24 | 175:18,22,24 | 155:18 175:20 |
| **occurred** | 195:2 200:9, | 176:3 188:8, | 204:2 209:5 |
| 185:20 | 19 | 23 191:25 | |
| | | 192:5,8 196:1 | **party** |
| **occurs** | **opposes** | | 177:8 180:15 |
| 159:15 | 184:23 | | 185:10,25 |
| **October** | **opposing** | | 207:7 209:2 |
| 153:23 | 198:21 | | **party's** |
| 177:21,24 | | | 168:12,24 |
| 179:8,9 | **opposition** | **paragraph** | **past** |
| 200:15 202:6 | 185:19 199:25 | 150:3,6,7,11 | 165:15 |
| **offense** | 202:17 | 152:10 | **pendency** |
| 169:24 | | 154:13,14 | 146:22 |
| **offer** | **option** | 157:21 160:18 | **pending** |
| 148:6 | 154:10 | 161:1 162:13 | 147:19 |
| | **oral** | 168:5,11,12, | 151:18,21 |
| **offered** | 186:13 | 23,24 169:18 | 158:6 184:6,8 |
| 147:19 148:23 | **order** | 171:11,15,22 | 187:7,10 |
| **office** | 149:15 161:9 | 182:19 188:1, | 201:23 203:14 |
| 149:24 150:15 | 172:14 192:3, | 3,18,19,21 | |
| 153:21 154:10 | 22,23,25 | 3,18,19,21 | **penultimate** |
| 161:17 163:16 | 193:4 196:3 | 189:4,5,25 | 171:20,21 |
| 161:17 163:16 | | 190:1,4 | |
| 170:11 174:6 | **ordered** | 191:2,16 | **people** |
| 188:11,25 | 155:16 202:3, | 193:23 195:21 | 186:11 |
| 196:1,4,9 | 14 | | 206:17,18,20 |
| 197:18 | | **paragraphs** | **performance** |
| | | 189:2 | 164:3 |
| **official** | **orders** | **paralegal** | **period** |
| 150:15 | 207:25 209:10 | 145:7 | 179:25 |
| 150:15 | | **parentheses** | |
| 188:11,24 | **original** | 158:2 | **personal** |
| 188:11,24 | | **part** | 164:10 |
| 189:22 | | 146:14,15 | **persons** |
| 190:20,25 | | 147:15 148:4, | 155:21 |
| 198:18 209:2 | | 5,22 150:10 | |
| **one-page** | | 163:14 181:16 | **phone** |
| 197:9 | | 186:1 187:7, | 147:13,17 |
| **open** | **p.m.** | 10 194:2 | **phrase** |
| 159:14 | 145:2 204:14, | | 158:4 194:10 |
| **opened** | 15 209:20 | | |
| 147:23 | | | |
| **physical** | 145:10 | **previously** | 18 185:3 |
| ------------------- | ------------------- | -------------------- | -------------------- |
| 172:2 | 151:20,21 | 146:24 | 192:11 |
| **pin** | 152:17,22,25 | **primary** | **proposed** |
| 178:17 | 156:6 162:19 | 190:14 | 165:21 207:25 |
| **plaintiff** | 175:18,22 | **prior** | 209:10 |
| 145:10 177:20 | 176:3 187:6, | 149:15 150:17 | **prosecuted** |
| **planning** | 11 191:25 | 152:25 153:9 | 146:24 |
| 206:10 | 192:8 196:17, | 195:17 199:19 | **prosecution** |
| **plea** | 25 199:22 | **private** | 155:22 |
| 194:6 | 200:3,6,14,16 | 193:9,10 | **protect** |
| **point** | 201:8 | 198:1 | 198:19 |
| 171:14 200:6, | **potential** | **problem** | **protection** |
| 14 204:2 | 163:15 175:4 | 181:7 | 198:17 |
| **portions** | 194:5 | **procedure** | **protector** |
| 146:16 194:13 | 191:11 | 183:2,3 | 190:25 |
| **position** | **power** | 184:7,13 | **provide** |
| 153:20,22,23 | 154:19 | 185:4 | 160:2,7 |
| 154:2 178:25 | **practice** | **proceeding** | 170:13 172:4 |
| 179:4,6 | 154:23 182:16 | 182:24 184:8 | 181:12 184:18 |
| 180:11,14,16, | 183:5,8 185:5 | 190:18 198:16 | 197:25 205:22 |
| 21 181:1,3,4 | **preeminent** | **proceedings** | **provided** |
| 182:4,7,13 | 194:22 | 145:2 150:20 | 152:2 |
| 184:11,14,21 | **prefer** | 188:10 189:12 | **provision** |
| 197:24 199:24 | 205:22 | 207:6 | 160:16 167:11 |
| 200:2 202:17, | **prepare** | 190:16 194:21 | 201:6 |
| **possession** | 206:22 207:9 | **process** | **provisions** |
| 149:19,24 | **prepared** | 195:15 | 161:6 172:11 |
| 150:14,16 | 206:8 | **produce** | **public** |
| 161:19 162:6, | **prescribed** | 182:11 | 175:1 176:1 |
| 16 164:11 | 159:16 | **prohibit** | 186:8,16,17 |
| 172:2 188:12, | **presence** | 172:21 | 187:2 192:9 |
| 25 189:23 | 145:4 | **prohibiting** | 194:7 195:1 |
| 190:11 192:20 | **present** | 174:5 | 196:4,13,16, |
| 194:19 197:17 | 159:16 184:11 | **prohibits** | 17,18,20,21, |
| 198:7,9,13 | **presented** | 172:3 | 23 198:22 |
| **possibly** | 168:6 169:19 | **proper** | **publisher** |
| 186:19 | 175:24 177:10 | 153:25 183:3, | 145:9 |
| **Post** | 192:5 | | **pull** |
| 189:17 | quotes | reasonable | 192:21 |
| --------------- | ---------------- | ---------------- | --------------- |
| purpose | 158:2 | 168:10 | recoverable |
| 155:23 158:11 | | reasoned | 208:17 |
| 175:25 | | 193:7 | redact |
| | R | | 175:3 |
| purposes | raise | reasons | redacting |
| 181:11 | 185:23, 24 | 171:13 200:17 | 186:18 |
| pursuant | raised | reassess | redirect |
| 155:16 161:10 | 205:4 | 184:15 | 157:20 172:8 |
| 172:15 175:21 | | 203:6, 8 | 187:16, 17 |
| 188:8, 10 | | 204:20 205:8 | referenced |
| 192:1 | | | 198:8 |
| put | rates | recall | referring |
| 149:12 162:1 | 208:12 | 147:12 156:2 | 164:17 166:14 |
| 179:20 203:11 | re-evaluated | 161:12 170:25 | 167:13, 17 |
| putting | 200:3 | 189:16 | 179:6 181:9 |
| | read | received | refers |
| | 155:15 157:24 | 176:22 | 172:18 |
| | 158:21 159:5 | recess | rejected |
| | 160:20 161:3 | 209:16 | 171:9 |
| | 162:14, 15, 21 | recognize | relationship |
| | 163:22 164:1 | 165:6, 17 | 159:21 |
| | 167:19 168:16 | 171:8 | release |
| | 169:3, 10 | recollection | 152:25 153:9 |
| | 172:9 177:6 | 205:6 | 159:19 183:19 |
| | 182:19 185:3 | reconsider | 184:21, 23 |
| | 187:21 188:3, | 204:20 205:13 | 186:15 198:21 |
| | 21 191:18, 24 | record | 199:25 |
| | 193:1, 19, 23 | 164:1, 20 | 202:14, 18 |
| | 201:21 207:5 | records | released |
| | | 160:19 161:4 | 161:8 172:13 |
| | | 164:3 170:12 | releasing |
| | | 172:10 | 202:1 |
| | | 173:12, 13 | relevant |
| | | 174:1, 11, 18, | 205:11 |
| | | 21, 24 182:18 | relief |
| | | 183:4 184:4 | 161:18 170:5, |
| | | 185:5 186:7 | 17 177:15 |
| | | 187:10 190:12 | |
| | reading | | |
| | 150:1 157:22 | | |
| | 158:1 172:6 | | |
| | 182:5 201:21, | | |
| | 23 | | |
| | real | | |
| | 182:9 | | |
| | reason | | |
| | 151:24 166:10 | | |
| | 170:24 190:14 | | |
| | 195:17 198:11 | | |
| 192:10 | 200:22 | research
149:8,11
155:11,25
159:24 |
| ---------------------------------------------------------------------------------------------------------------------- | -------- | ---------------------------------------------------- |
| remain
200:3 | | |
| remember
147:9 169:13 | | |
| removed
186:11 | | |
| repeat
149:22 | | |
| reply
184:19 204:5 | | |
| report
195:25 | | |
| reported
196:2 | | |
| reporter
146:23 | | |
| representations
168:14 | | |
| request
153:16,19
161:8 172:13
174:17 187:9
192:13 | | |
| requested
151:1,16,24
161:19 162:6
164:3 187:1
191:22 | | |
| requesting
172:4 | | |
| requests
175:19 192:1 | | |
| required
182:17 | | |
| requires
159:17 183:6
185:6 | | |
| research
149:8,11
155:11,25
159:24 | | |
| resolution
194:5 | | |
| resources
196:21 | | |
| respect
181:14 193:6 | | |
| respectfully
175:19 191:25 | | |
| responded
146:8 | | |
| rested
204:2,9 | | |
| rests
204:7 | | |
| result
183:16 | | |
| reversal
168:8 | | |
| review
171:4 175:2
186:19 | | |
| rights
175:19 | | |
| role
182:21,24 | | |
| rule
158:20 182:15
183:2,5,8,15,
24 184:3,5,
12,20 185:5,
11,13,18
186:4 193:4 | | |
| ruled
193:5 | | |
| Rules
182:15 183:24 | | |
|
S
| | |
| safe
165:22 199:21 | | |
| safe-harbor
179:25 180:5
181:8,12 | | |
| sanction
162:18 | | |
| sanctions
168:4 177:8
197:8,16
199:8 | | |
| SAQ
146:23 | | |
| Scholz
145:13 | | |
| scope
152:19 159:8 | | |
| scratch
149:16 | | |
| screen
188:15 | | |
| seasoned
193:6 | | |
| seated
145:3 204:16
208:18 | | |
| secrecy
154:12 182:14
195:1 198:18,
19 | | |
| secret
196:2 | | |
| section
152:22 155:8 | | |
| securities
155:8 | | |
| seek
151:23 184:15
193:11 197:1
201:9 | | |
| seeking
150:24
151:16,20
152:17,24
153:7,8,10
158:5,10
162:18 169:1
177:8 183:7
185:7 | | |
| seeks
152:18 | | |
| sense
159:22 194:10 | | |
| sentence
150:17 152:13
158:21 159:5
160:18,25
162:15 171:25
182:3 183:12
187:21 | | |
| served
177:9,16
178:3,11,13,
19 180:22 | | |
| 181:5,8,10 | 160:2,22 | 182:1 | 155:12 173:25 |
| ----------------------- | --------------------- | ----------------- | --------------------- |
| 197:9 | 162:12 165:5, | stamped | 175:1 200:13 |
| **service** | 16 170:10 | 162:10 | 201:25 |
| 177:11 | 171:14 172:7 | **stamps** | **statement** |
| **set** | 173:20 174:6 | 151:7 | 164:2,13 |
| 183:4 185:5 | 202:23,25 | **standing** | 172:9 202:9 |
| 189:10 197:22 | 208:23 | 201:9 | **statements** |
| 199:1,6,14 | **situation** | **start** | 164:1,6,8,15, |
| 200:16 | 159:20 189:9 | 146:13 171:21 | 19,20 203:9 |
| **settle** | **skipping** | **starts** | **states** |
| 148:14 | 169:5 | 152:13 160:18 | 155:3 195:22 |
| **settlement** | **social** | 161:1 162:13 | **statute** |
| 146:16,19,22 | 194:10 | 171:15,23 | 150:18 154:15 |
| 147:18,20,22, | **solely** | **state** | 157:2,6 |
| 24 148:13,22 | 190:11 | 145:14 | 167:3,14 |
| 203:13,16,20 | **solemnly** | 150:19,20 | 168:20 169:7 |
| 204:21 | 145:25 | 153:21 | 172:22 174:5 |
| **sex** | **sought** | 154:10,16,18 | 175:21 177:3 |
| 192:6 | 151:1 | 157:7 161:7 | 179:2,15 |
| **shared** | **sound** | 162:18 163:16 | 181:19 188:9, |
| 196:1 | 166:3 | 164:11 170:9 | 10 189:6 |
| **Sharon** | **speak** | 172:1,3,5,12, | 191:5,10,13 |
| 188:22 | 147:11 | 19,21 177:21 | 192:1 193:11 |
| **show** | **speaking** | 185:9,10,16, | 194:22 195:6, |
| 150:4 160:23 | 147:12 | 20 188:7 | 13 197:25 |
| 167:14 | **specifically** | 189:3,7,11 | 198:2 201:10, |
| **sic** | **specifically** | 190:7,10,15, | 11,21,24 |
| 159:8 | 155:4 | 21,25 191:7, | 203:21 |
| **simple** | **specifics** | 10,14 192:3, | **statute's** |
| 173:24 178:10 | 170:20 | 21 194:5,18, | 166:23 |
| 179:22 | **spoke** | 23,25 195:2, | **Statutes** |
| **simultaneously** | 147:15,18 | 7,9,18 196:8 | 190:7 |
| 186:17 | **spoken** | 197:18 198:7, | **statutory** |
| **sir** | 147:8 | 8,11 199:1, | 154:24 179:12 |
| 145:19,22 | **stamp** | 23,24 200:2, | **STENOGRAPHER** |
| 149:14 150:10 | 150:2,8 151:6 | 7,15,18,25 | 158:15 |
| 151:8,14 | 152:2 165:4, | 201:25 202:4 | **step** |
| 152:8 154:7 | 15 166:20 | 207:6 209:4 | 154:7 |
| 157:18,20 | 175:10 176:17 | **stated** | **Stephen** |
| 145:10 146:6 | **sued** | **Supreme** | **testified** |
| -------------------- | --------------------- | -------------------- | ------------------- |
| **stipulated** | 153:15 184:4 | 155:3 184:15 | 146:8 153:15, |
| 208:4,7 | 188:11,24 | 195:8 201:20 | 22 |
| **stop** | **sufficient** | **surrounding** | **testifying** |
| 173:23 | 207:14,16 | 194:4 | 158:22 |
| **strong** | **suggest** | **sustained** | **testimony** |
| 157:16 193:25 | 175:6 | 148:8 149:3 | 155:20 159:9, |
| **subdivision** | **suggested** | **swear** | 13 175:23 |
| 161:6 | 148:12,15 | 145:20,25 | 176:4,7 192:4 |
| **subject** | **suggesting** | **sworn** | 204:22 |
| 149:20,25 | 156:24 165:21 | 145:23 146:7 | **things** |
| 150:17 188:13 | 195:12 | | 153:18 178:4 |
| 189:1 193:13 | | **system** | 179:17,19 |
| **submitted** | 169:14 | 191:1 | 180:9 206:20 |
| 208:7,22 | **summary** | | **Thomson** |
| **subpoenaed** | 161:25 183:2, | | 145:7 |
| 207:7 209:4 | 14 185:19 | **tab** | **thought** |
| **subsection** | 192:14 198:20 | 157:13,15 | 163:15,16 |
| 155:17 157:22 | 202:19 | 160:3,4 | **tied** |
| 158:1 159:7 | **superior** | 162:10 171:5 | 201:22 |
| 166:13 167:4, | 195:5 201:17 | 175:10,12 | **time** |
| 8,9,14,20 | **superseded** | 176:13 177:19 | 147:18 149:12 |
| 168:20 177:4 | 194:22 | 181:24 | 163:3,24 |
| 179:15 | **supervise** | **talk** | 184:11 185:9, |
| **subsections** | 189:7 | 208:14 | 17 187:7 |
| 168:3 | **supervision** | **talked** | 196:8,21 |
| **substances** | 198:16 | 146:18 167:18 | 199:19 202:8 |
| 146:24 | **supplement** | **talking** | 205:16,19 |
| **succeed** | 205:18,19 | 148:1 173:23 | 206:22 207:9, |
| 153:1 | **supplemental** | **tandem** | 20 208:9 |
| **success** | 160:8 206:10 | 158:3 | **times** |
| 168:10 | **support** | **tangent** | 146:19 |
| **successful** | 153:19 | 197:2 | 161:16,23 |
| 156:19 | **supported** | **team** | **today** |
| **successor** | 170:5 | 195:19 204:24 | 198:3 205:21 |
| 190:21 | **supposed** | **telling** | **told** |
| **sue** | 184:3 | 156:22 | 166:3 |
| 190:19 | | **terrific** | **top** |
| | | 207:12 | 159:5 182:2 |
**transcript**
163:22
192:18,19
207:18
**transcriptions**
160:19 161:5
172:10
**Traurig**
145:8
**Travel**
208:9
**treat**
183:13
**trial**
158:18 206:19
**true**
146:14,18,21
147:5,17
149:7,17,22
150:22 153:14
161:15 162:4
170:4 186:7
**truth**
146:2,3
**turning**
189:21 193:14
**twofold**
173:15
U
**U.S.**
195:25 196:8
201:7
**Uh-huh**
152:6 176:15
**ultimately**
195:15
**unambiguous**
154:24
**uncertain**
184:14
**unclear**
201:17
**underlying**
187:5
**undermined**
195:20
**understand**
173:3,9,19
197:19
**understanding**
154:24
**understands**
170:1
**United**
155:3
**unlimited**
151:1,23
153:5,7,10
159:14
**Unquestionably**
194:3
**unquote**
194:3
**unsigned**
165:21
**unsupported**
170:17
**untrue**
148:9
**utilize**
193:11
V
**verbatim**
162:21
**versus**
173:12 180:5
**victim**
195:20
**view**
184:8
**views**
181:19
**vis-à-vis**
154:12 157:2
**voice**
195:1 200:10
**voiced**
200:10
W
**wanted**
148:22 154:6,
12 157:4
175:7 178:17
191:19 192:22
194:14 204:4
**Weatherby**
208:22,23
**week**
206:24
207:11,13,14,
15
**weeks**
207:23,24
**whatsoever**
155:23
**wherefore**
175:11,18
191:17,19,20,
24
**Whetstone**
145:5,6,18
146:25 147:21
149:1 169:8
187:18
188:15,17
189:18,20
197:6 202:21,
24 203:1,7,
15,23 204:3,7
205:1,10
206:8,12
207:5,14,15,
21 208:6,10,
20,24 209:13,
18
**whichever**
206:6
**withdraw**
177:15
179:14,16
186:2
**withdrawn**
177:13
**witnesses**
175:4
**words**
186:15
**worth**
186:21
**wraps**
167:7
**write**
148:13 206:9
**writing**
206:17,21
written
147:7 154:25
205:23 206:5,
14,23 207:25
wrong
169:17 170:20
Wyler
145:12,13,14,
19 146:10,12
147:2,4,23
148:3,10
149:4 150:9,
12 158:25
159:2 160:3,
5,12,14
163:4,7
169:10,16
181:14
187:12,21
191:18 192:17
193:1,19
197:14 198:6
203:3,6,9,22,
25 204:19
205:7,14,22,
25 206:24
207:11,19
208 :2!e S
209:1 ,
ye@terday
264:22
zealously
182:12
G
o