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Court filing · Oct. 4, 2022

Court filing, 2022-10-04

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

1INDEX
3Opening Statement
4By Ms. Whetstone

5 WITNESS

6DAVID ARONBERG, STATE ATTORNEY
Cross Examination by Mr. Bideau63
8Redirect Examination by Mr. Wyler9
DAVID ARONBERG, STATE ATTORNEY41 O
Cross Examination by Mr. Bideau63
8Redirect Examination by Mr. Wyler9
9STEPHEN MENDELSOHN, ESQ. Direct Examination by Ms. Whetstone

12

13 EXHIBITS ENTE EVIDENCE

14Joint Exhibits 1 - 3795
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}19S 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}18A 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}18A 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}74O4 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}181E. 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}19NGo 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.

  1. 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}sI 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}7AelAsc 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

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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

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, 2529: 23
30: 1936: 16
37: 2038: 6
44: 545: 2
57: 1279: 2, 10
80: 14, 15
84: 2286: 22
88: 1, 12, 15,
17, 1989: 16,
1891: 592: 5
119: 8120: 3,
20122: 15, 21,
24124: 9
125: 15126: 8
127: 11, 19
132: 3134: 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
16:1926:2
31:657:12
91:23131:25
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 : 1429 :
30 : 594 : 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
9:25103:25
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

33:1782:3131:6,8120:21
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
131:24administrations
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
125:1,8affidavits
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
119:19,20aimed
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

cocaine32:25 33:8concludedconstrained
59:11,1344:25 45:2,2456:15 139:22134:24
coherent46:8,14 60:4conclusionconstruction
139:261:21,2436:6 108:6135:8
coincidently66:15,17114:10 136:9construe
110:2374:13,14conclusions76:12
Colgate75:2,3 78:6106:20construed
99:581:18 86:8,condensed27:4
commended12,15,249:3contacted
41:1390:12,22,23conduct101:12,19
comment110:2 114:12,43:1,2contacting
135:1313,22,23conducted34:19
commercial115:3,5,1924:12 35:14contained
99:12,18116:7,10,13106:11108:12 115:1
100:3,6117:2,4,8,17conference135:2
common129:15 137:11128:9contentions
27:3completelyconfidential56:12
communications29:3 32:1511:23 14:18contingency
104:10,14,1841:25 113:16confirm42:16 44:16
105:23,24complicated117:3 132:15contingency-fee
107:25 125:20112:9conjunction64:2
communitycomplied5:2 116:19continue
58:1631:11connection50:7 58:25
comparecomply73:10 76:1062:1 70:11
28:1315:15,25considerationcontinued
compared27:8,12,1725:1758:24 62:4
132:2294:10considered108:14 117:19
comparisoncompromise26:22121:4
32:20,2438:20consistentcontinuing
118:3comptroller88:24120:18 122:1
compellingconcernConstitutioncontract
77:1,1723:25 41:1014:20 100:19100:5
competentconcerned116:23contractual
8:667:11,12constitutional38:24
competitor114:4 133:725:10 34:11contrary
50:22conclude40:6 42:822:17 39:13
complaint97:6,7 114:5100:1447:18 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
Crossdate debate
63:15,17 74:17 76:2357:10 131:23 110:5
138:22 139:17 120:10,13 134:18dated decide
cudgel36:19 69:19 128:10
47:10 courtroom 86:18dates decided
cumulative courts49:5 107:18,19 113:1 116:16
63:10 6:9Dave 128:10 131:18
curiously4:16 10:19
50:23 cover44:1 49:15 d cision :15 41:18
custodian 59:9,1255:13 103:19
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: 119:14105:7 124:23 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 14 119:179:23 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 37:12disputesDouglasearly
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F

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5:11 8:9,16,
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106:9 111:3

facts
5:19,22 7:2,
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20:3,11 22:23

23:1 25:18
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-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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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
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109:7
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104:23 106:22
107:16 114:5
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131:1 135:4
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106:12 119:17
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101:15
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70:14 82:11
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101:12,19,22
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106:23 136:13
Grygiel’s
83:4 84:4
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guests
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hate
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helped
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Herald
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higher
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59:9
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109:21
Hofstra
99:7
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81:17
Holdings
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Honor
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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
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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

lack40:6 41:25lay38:4 44:12,16
137:742:4,8 44:7120:1853:18,20,22
lacked47:2,3,5,6leader54:5,13 68:18
119:1354:15 72:2458:2169:3,6,8,14,
lacks73:1,2 89:1,9leading16,19 70:13,
25:20 26:1192:22 97:860:18 125:2316,17 79:14,
48:1399:8,24learned16,20 80:6,7,
Lago100:14 109:13126:38,10,12,16
15:16,17110:8 126:17leave84:22 86:11,
16:4,8 17:22136:1012,23,2587:5,11,12
27:6,11lawsleft89:17,19,20,
laid113:49:16 35:722 90:13
79:21lawsuit97:7 138:22103:14,17,19,
Langen7:11 11:7legal23 104:21,22,
99:2029:5 35:87:13 14:1,2525 105:3,7,13
language54:18 57:8,2520:16 34:17119:25
6:14 19:1958:7 59:2156:6 59:20120:20,23
20:6 21:1160:23 62:3,1563:7 67:13,121:1,8,10,
112:1764:23 65:3,614,17 73:1,2415,21 122:2,
large67:7 71:1,589:2 108:13,12 125:10
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| 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 | | | | |

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| |

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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
1INDEX
2WITNESS PAGE
3STEPHEN MENDELSOHN, ESQ.
4Redirect Examination by Ms. Whetstone
9Certificate 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}6Ailac 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}13Q. 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}20Nh…) 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, you<ky.

13 Q. Yes.

14 A. 1W3 re

15 Q.

16 A. see it.

17 15h7 Okay.

18 Sc “Wherefore, the Post 19 20 21 22 23 24 25 — the Palm Beach Post eZctfully requests that the Court determine the rights obligations of the parties by declaring that, pursuant to Florida Statute Section 905.27(1)(c) and the Court’s inherent authority, the Palm Beach Post may gain access to the testimony, minutes and other evidence presented in 2006 to the Palm Beach County grand jury and use those materials for the purpose of informing the

1 public.”

2 Q. Okay, thank you. And so in there it says 3 that you’re asking for the Palm Beach Post to gain access 4 to the testimony; is that correct?

5 A. Yes, after the Court examined them in 6 camera. 4A r

7 Q. How else would you gain acc to testimony 8 unless it was disclosed to you?

9 A. I’m C O

10 Q. You would not.

11 A. I’m not foll‹:19! you’re asking me, 12 I’m really not.

13 Q. Would ou ase look at tab J17.

14 A. D erg’s motion for attorneys’ fees?

15 Q.

16 A. Cy y

17 ‘IT,sr It’s at stamp 247.

18 19 Sr Right. This is the one you made on July 1,

20 V Q. Correct. And we went through that.

21 Before, you said that was filed at least 21 days after 22 you received the 57.105 demand, correct?

23 A. Well, you said it was 23, and I agreed with 24 you.

25 Q. And I said at least 21 days.

1 A. Right.

2 Q. Thank you. So, if I give you this — Let 3 me give you this 57.105 statute again and ask you to look 4 at subsection (4) for me.

5 A. Okay.

6 Q. And if could you read that to Court.

7 Thank you. AS ,

8 A. “A motion by a party se sanctions 9 under this section must be served b m y not be filed 10 with or presented to the Court s, within 21 days 11 after service of the motio , hallenged paper, claim, 12 defense, contention, al N t er n or denial is not 13 withdrawn or approp corrected.”

14 Q. 15 withdraw the ’ or declaratory relief within that 16 21 days af eing served, correct? Th otT: And you and your client did not

17 Yes.

18 It All right. And then let me have you look 19 t number or, our Exhibit Number 23.

20 A. Plaintiff — Yes, the notice of dropping 21 State Attorney Dave Aronberg on October 21st, 2020, that 22 is the one you want me to look at?

23 Q. Yes, that’s right. Yep. And that’s the 24 date it was filed, October 21, 2020; is that what you 25 said?

1 A. Yes.

2 Q. Okay. And is that filing date more than 3 21 days beyond when you were served with the 57.105?

4 A. You’re confusing a lot of things there.

5 Q. No, I’m not. I asked you a question.

6 A. I cannot answer that question. can’t —

7 Q. Okay.

8 A. — because it’s makin er of 9 assumptions that are inaccurate.

10 Q. No, no, no. Th one simple question. 11 When were you served with At 105 demand?

12 A. Which on

13 Q. No, n You were only served with one 14 57.105 demand.

15 A. s correct.

16 Q. ay. I’m just asking which one.

17 Right. I wanted you to pin down what you 18 di

19 Q. Okay, you were served with one 57.105 tQand.

21 A. Right.

22 Q. What day was that?

23 A. The letter was June 8th, 2020.

24 Q. Okay. And this — And that gave you

25 21 days from that date to change your position; is that

1 correct?

2 A. The statute gave me that, yes.

3 Q. Okay. And then when did you actually

4 change your position and drop Mr. Aronberg?

5 A. We dropped Mr. Aronberg — When you say 6 changed position, I don’t know what you’re xf rring to. 4;11 7 We dropped Mr. Aronberg as a defendant in s 8 October 21, 2020. 0 case on

9 Q. Okay, and October 21, 022, is more than 10 21 days after June 8th, 2020,

12 13 14 you 21 days to 15 21 days, corr he statute, 57.105 subsection (4), 16 gives you s to withdraw the alleged — Q. Okay. So 1that fits with the statutory language then, correc4t%hf what that 21-day — it gives w W ’ raw, and you didn’t withdraw within

17 You are confusing a number of things that 18 ar app ing, so I cannot answer that question. You’re 19 um ng certain things that are not accurate, so I 20 not answer your question in the manner you put it to 21 me.

22 Q. Mr. Mendelsohn, it’s very simple. I’m just 23 trying to establish that that — that you filed your drop 24 cure — you dropped the claim against Mr. Aronberg 25 outside of the 21-day safe-harbor period, correct?

1 A. But you never moved — you never filed a 2 motion on the first motion you made for fees.

3 Q. Okay.

4 A. That’s not before us. So you’re confusing 5 a safe-harbor for something you’ve never moved on versus 6 dropping your client as a defendant after sing else 7 happened.

8 Q. Okay, so —

O S

9 A. So you’re mixing two in s together.

10 Q. I’m not. I beli- •u are. Okay, so is 11 it your position then thatA X you dropped Dave 12 Aronberg as a client, t

13 A. He’s ient.

14 Q. Af s it your position that, after 15 you dropped Dave°A nberg as a party from this lawsuit, 16 it’s your p’otion that, after you dropped him, that %..,} 17 anothe1 .105 demand letter should have been sent to 18 yo 4V

19 O A. You didn’t give us —

20 Q. Just answer my question. After you dropped 21 Mr. Aronberg from this lawsuit, is it your position that 22 you should have been served with another 57.105 demand 23 letter?

24 A. Yes. You didn’t comply with 57.105 for 25 your amended motion for 57.105. You did not comply with 1 it. Yes, that is the position.

2 Q. Can you tell me, after dropping

3 Mr. Aronberg from the lawsuit, how your position — how

4 your client’s position could have changed if they were

5 served with another letter being that he was already out

6 of the lawsuit?

9 the to, as) C well as the fact amended motion I’m referring

10 that you served it after we dr him. For

11 jurisdictional purposes, y do that.

12 Q. How could r ide you a safe-harbor if

AiiAr

7 A. Well, that’s the problem yo4 ve because

8 you served this motion without givin tie safe-harbor,

13 you had already drop elS5AC1.1. :;.I from the c lawsuit?

14 A. Mr le , with all due respect, you’re

15 actually mak’ rgument, which is that 57.105 is not

16 applicable our client is no longer part of the

17 case.

18 Well, then I guess we just have differing

19 aton how to interpret that statute, Mr. Mendelsohn.

20 All right, I just have a few more questions

21 for you.

22 A. Sure.

23 Q. I’d like to go — I think I’d like to go

24 back to that final judgment. That was tab 30.

25 A. Okay.

1 Q. All right, all right, I’m on stamp

2 1473, and I’m at the top of that page, that first 3 sentence.

4 A. The clerk’s position? Is that what you’re 5 reading from?

6 Q. Yes, yes. That’s correct.

7 A. “The clerk’s position is th e is merely 8 a custodian of the materials, and, as e has no 9 real interest in the issues before ourt 10 identified. The clerk only ne= e rection from the 11 Court on whether or not he produce or disclose the 12 materials. Nonetheless erk has zealously 13 advocated the posit nst disclosure based upon 14 grand jury secre nd confidentiality because 15 Rule 2.420(d 11 vii) of the Florida Rules of General 16 Practice a cial Administration, the clerk is 17 require o maintain the confidentiality of grand jury 18 reds. I r 4r

19 Q. Yes, will you read the next paragraph, too, 20 ase?

21 A. “The clerk is correct that his role as 22 custodian of the materials is only to follow the Court’s 23 direction once confidentiality is determined. The 24 clerk’s role in this proceeding has been complicated or 25 expanded because the newspaper filed this action as a

1 civil declaratory judgment action and has moved for 2 summary judgment under Florida Rule of Civil Procedure 3 1.510. However, the proper procedure for obtaining 4 disclosure of confidential Court records is set forth in 5 Florida Rule of General Practice and Judicial 6 Administration 2.420(j) which only requires filing of 7 a, quote, motion, end quote, seeking disc re, Florida 8 Rule of General Practice and Judicial istration 9 2.420(j)(2).”

10 Want me to keep

11 Q. Yeah, just t ry end of that next 12 sentence, please.

13 A. “Acco in , the Court will treat the 14 newspaper’s comp t d motion for summary judgment as 15 a motion for ure under Rule 2.42” — excuse me — 16 “2.420(j). As result, the Court need not determine as 17 a matt f law whether the clerk of the Court is a 18 p r eiZd t4r endant to the declaratory judgment for the 19 e of the grand jury materials.”

20 V Q. Thank you. All right.

21 A. I’m sorry, was there a question?

22 Q. No. There’s going to be. Just one second.

23 When you filed this lawsuit, were you

24 familiar with Rule 2.420 of the Rules of Judicial

25 Administration?

1 A. Absolutely.

2 Q. Then why didn’t you just file a motion like 3 the rule says — says you’re supposed to if you want 4 confidential Court records and sued my client instead?

5 A. First off, the rule doesn’t actually say 6 that. It says you may file a motion in a pe g 7 criminal or civil procedure. Since there n’t a 8 pending criminal or civil proceeding, ‘t view that 9 motion as being necessary to be mad

10 Now, this issue b= ore the Fourth DCA at 11 the present time, and the taken the 12 its answer brief that Rt e4 - 2.420 is ambiguous and 13 the actual procedur 14 uncertain. And, fa , the clerk’s position is now 15 that the Supr rt must reassess how one would seek 16 grand jury als. position in to be followed is

17 That was in their answer brief, which I’d 18 be4 py o provide to the Court along with our initial 19 e and reply brief, which extensively discusses 20 e 2.420, but also argue that the clerk has now adopted 21 a position of neutrality when it comes to the release of 22 the grand jury materials. In its answer brief, it says 23 it no longer opposes release of the materials.

24 Q. Okay.

25 A. It is now neutral on that issue.

1 Q. Thank you, Mr. Mendelsohn.

2 In the Court’s 3 4 5 6 and Judicial Administration 2.420(j), which p requires 7 the filing of a motion seeking disclosure;A frL,that 8 correct? 0 final judgment, however, it does say, which you just read to the Court, the proper procedure for obtaining disclosure of confidential records is set forth in Florida Rule of General Practice

9 A. Yes, but at this time, th state attorney 10 was not a party, and, in fact, tate attorney has 11 never made any argument un 2.420 in this case. 12 It has never made such a r ment.

13 Q. But y? w aware of that rule before you 14 filed this lawsu’

15 A. t, and the clerk made this argument 16 after we d the state attorney from this case. That 17 18 19 20 21 was th0t544’t ma thiSs argument that the rule was applicable in Ict os tion to our motion for summary judgment which urred after the state attorney had been dropped from the case. time the clerk had made such. The clerk

22 So this was not an issue in the case either 23 because your client did not raise it, the clerk did not 24 raise it, and it was not before the Court until after 25 your client was no longer a party. So it was not an

1 issue that either you addressed or we addressed as part 2 of your demand that we withdraw the case.

3 4 filed the lawsuit, right? You knew about that Q. But you still knew about it before you rule?

5 A. Of course. Of course.

6 Q. All right, last question for ypa Isn’t it 7 true that your client’s goal in obtainin• se records 8 from my client was for public disclosq as that your 9 end goal? ( 14.)

10 A. After the Court ed them in camera and 11 12 indicted, that was actu scussed very much 13 extensively in the a ument before Judge Hafele, 14 and, in fact, he d hls particularly if I were — and 15 using Judge H words — inclined to release these 16 materials newspaper and the public — it wasn’t 17 just t Wr a er; it was simultaneously to the public — 18 ho Qoul I go about redacting them? Would I need to 19 e omeone else, a , possibly review them? How 20 ld I go about doing it? removed witness identifica Arss, people who hadn’t been

21 And we had about a half hour’s worth of 22 discussion as to how to accomplish that if he were 23 inclined to grant disclosure. So that absolutely was an 24 issue before Judge Hafele.

25 Q. Great. So then the final goal was — Was

1 the final goal to have these requested grand jury 2 materials be able to be disclosed to the public?

3 A. Absolutely.

4 Q. Okay. And that was without any connection 5 to any underlying civil or criminal case, correct?

6 A. If you’re asking me whether o t the Post 7 was part of a civil or criminal case pendICS at the time, 8 no, it was not. O

9 Q. You did not — Did yo 10 records as part of a pending c r criminal case? est these

11 A. Involving th

12 MR. WYLER h you. No further 13 questions. A”

14 A. er han this lawsuit.

15 URT: Thank you.

16 irect examination.

17 REDIRECT EXAMINATION

18 BY W ETSTONE:

19 n Q. Good afternoon, Mr. Mendelsohn.

4 $11.1 A. Yes.

21 Q. Mr. Wyler asked you to read a sentence in 22 the amended complaint —

23 A. Yes.

24 Q. — and I’d like to draw your attention to 25 that, and it’s Exhibit 9. I’m going to look at

1 paragraph 3.

2 A. Yes, I have that in front of me.

3 Q. Can you read the entire paragraph 3,

4 please?

5 A. Yes, I’d be happy to.

6 “Defendant Dave Aronberg is t ly

7 elected State Attorney for the 15th Judic District in

8 and for Palm Beach County, Florida, %itto Florida

9 Statute Section 27.01 and has autho an grand jury

10 proceedings pursuant to Florid- ute Section 27.03.

11 He is sued in his official y as his office is in

12 possession and/or contr f ocuments that are the

13 subject of this act

14 Q. So el m actually going to compare —

15 ETSTONE: And it’s on the screen for

16 Y or too, if that’s easier to see.

17 BY MS. TSTONE:

18 But we’re going to look at paragraph 4 next

0 19 a e paragraph 4 names the clerk; is that correct?

20 A. Yes.

21 Q. Could you read paragraph 4, please?

22 A. Yes. “Defendant Sharon R. Bock is the duly

23 elected clerk and comptroller of Palm Beach County,

24 Florida. She is sued here in her official capacity as

25 her office is in possession and/or control of documents 1 that are the subject of this action.”

2 Q. So comparing those two paragraphs, was the 3 clerk named in a different capacity as the state attorney 4 in paragraph 3?

5 A. Yes, because, in paragraph 3, I cited to 6 Florida Statute 27.03, which is the broad g 7 authority to state attorneys to supervise conduct 8 grand jury investigations, and that’s what the 9 situation involved in this case.

10 Q. So you set forth 11 that the state attorney wad 12 over grand jury proceedi k s; ‘s e amended complaint as having authority that correct?

.’, 14 Q. Wa e game language in the first 15 complaint tha iled in November 2019?

16 A. on’t recall.

17 N!llor Let’s go ahead and pull that up.

i.04S 18 MS. WHETSTONE: And, Gerard, if you don’t 19 mind, it’s Exhibit 4.

20 MS. WHETSTONE:

21 Q. And, while you’re turning to that, was the 22 clerk only named in its official capacity as having 23 possession?

24 A. Yes, that is correct. I’m looking at 25 paragraph 3 of the original complaint dated 11/14/2019, 1 and it appears that paragraph 3 appears the same.

2 Q. And let’s go ahead and blow that up just so 3 we can close the loop on this.

4 Paragraph 3 of the original complaint is 5 the same as the amended complaint; is that correct?

6 A. Yes. Both of them cite to Se 27.03 7 Florida Statutes creating jurisdiction b state 8 attorney over all grand juries withi Si particular 9 judicial district.

10 Q. 11 12 or custody of the grand 13 grand jury investig So the named solely because state att he was named — never possession, custody ecords from the Epstein that correct?

14 A. 15 because the 16 grand jury Th 1 % 71 is correct. The primary reason was atk torney has such authority over the ss in this judicial district.

17 18 19 20 21 0 ividual capacity, only in his official capacity because he’s the successor to State Attorney Krischer. Now, granted, Mr. Aronberg was not the one the Jeffrey Epstein grand jury proceeding. we didn’t sue Mr. Aronberg in his

22 23 24 25 Q. Was there any case law cited in the amended complaint — We’ll go back to Exhibit 9, please — any case law cited in the amended complaint dealing with the state attorney’s official capacity as the protector of

1 the grand jury system?

2 A. You mean paragraph 3?

3 Q. Yes.

4 A. No, I didn’t cite to it because it was

5 clear to anyone who looked at Florida Statute 27.03, they

6 would see a litany of cases describing the d Ority of

7 the state attorney over the grand juries i heir

8 judicial district. So it was obvious — what we

9 were getting at.

10 Q. You cited the st that gives the state

11 attorney power over the gr u ?

12 A. Correct, n fact, there are cases

13 that say that, unde tatute, that the grand jury is

14 essentially the f h — of the state attorney.

15 Q. w that we’re back on the amended

16 complaint, irect your attention to paragraph 21 —

17 sorry — page 21, wherein there is the wherefore clause.

18 Mr. Wyler had you read from one of the

19 rebore clauses, but I wanted to ask about the

20 therefore clause on page 21 —

22 Q. — and you had said that you had requested

23 an in-camera inspection. Actually, could i just ask you

24 to read this wherefore clause?

25 A. Sure. “The Palm Beach Post respectfully

1 2 3 4 5 6 7 8 9 10 further equitable or 11 and proper.” requests that this Court, pursuant to Florida Statute Section 905.27(1) and the Court’s inherent authority, order the state attorney and clerk of the Court to file with this Court files of testimony, minutes and other evidence presented in 2006 to the Palm Beach County grand jury during the first Jeffrey Epstein sex a investigation so that, following an in-ca inspection, it can be made available to the Palm Post and the public on an expedited basis, and g such other and legal rel e Court deems just

12 Q. So, in the e ed 13 request an in-camer ASn Oe tion? complaint, did you

14 A. 15 that we made 16 on that. In At t , in our motion for summary judgment Judge Hafele, there’s a whole section

17 18 19 20 21 records by the state attorney. \Sr treecript — 0 ns ript, and during that hearing, Judge Marx made aliments about And Mr. Wyler asked you about the the hearing before Judge Marx and that possession and custody of the grand jury

22 I wanted to ask you about the order on that 23 motion to dismiss. The order was Exhibit 15.

25 Q. And did Judge Marx’s order address those

1 comments that Mr. Wyler read?

2 A. No, she did not. That’s why I believe that 3 they were dicta.

4 Q. And what did Judge Marx’s order rule?

5 A. She ruled on a very narrow area, which — 6 and I respect Judge Marx. She’s a very, vez. easoned 7 and reasoned jurist.

8 She determined that, 5.27, that 9 there was not a private cause of ac and that, 10 because it was not a private c f action, we could 11 not utilize that statute t he grand jury j’sliir cal 12 materials. We disagree k ’ t that, and that is the .4ssy 13 subject of the appe

14 Q. So ixTg to the final judgment that was 15 entered by Ju ele, which is —

16 A.

17 — Exhibit 30, yes

18 S lit ’ Yes.

19 n Q. }ea t was number ending 1477. — Mr. Wyler asked you to read from page 7,

A. Yes. 21

22 Q. And I’m going to ask you to go ahead and 23 finish that paragraph, or read the whole paragraph if you 24 would like.

25 A. Right. “The newspaper makes strong

1 arguments to advance its more expansive construction of 2 Section 905.27 as part of, quote, furthering justice, 3 unquote. Unquestionably, the established matters 4 surrounding Mr. Epstein’s conduct, the circumstances of 5 6 7 8 9 10 his resolution of the 2006 state charges and potential federal charges and his 2008 guilty plea an incarceration are matters of public intere and disclosure of the materials may argua% within the concept of, quote, furthering justi nd quote, in the broadest social sense of the ii

11 Should I kee , or not?

12 Q. I think t s ine for now.

13 14 Were Kir C II judgment that yo t d to discuss her portions of the final and needed to finish?

15 Did the —

16 A.

17

18 19 er ion that this was only about possession and 20 tody. We were asserting that the Court has inherent 21 authority over the grand jury process and that inherent 22 authority superseded or was preeminent over the statute, 23 905.27. That is why we gave the state attorney the 24 opportunity to participate in this case, because we felt 25 it was only fair to, not only the state attorney, but to It Go ahead, sorry. I take issue with the state attorney’s

II

1 the public to hear a voice for grand jury secrecy. And 2 the state attorney availed himself of that opportunity.

3 Now, on appeal, we are of the belief that 4 the Court has such inherent authority and that the 5 Court’s inherent authority is, as I say, superior to the 6 statute. There are federal cases which say t, and 7 there are state cases which say that. An n act, the 8 Florida Supreme Court’s case — actua s a Fifth DCA 9 case in Clayton says that, where a at attorney may 10 have abused his authority with rand jury — It’s not 11 Mr. Krischer, and it’s not •nberg, so I’m not 12 suggesting they are — that case, it was the 13 Fifth DCA who said tea don’t care what the statute 14 15 grand jury pr , and ultimately that’s why we’re here. says, the Court authority to control abuses of the

16 17 18 st at orney abused his authority. How did he do so? 19 ob aining materials from the defense team that 20 ermined the credibility of the witness and the victim 21 before the grand jury. We assert that in paragraph 22 of 22 the amended complaint. It states that in there. And, if 23 you look at the exhibits, you’ll see that. believe that we’ve laid out a very detail actual and legal reason why we think the prior

24 We now know, based upon the Department of 25 Justice, the U.S. Department of Justice’s report, that

1 2 3 4 the clerk’s office in Palm Beach County shared these reported secret grand jury materials with the federal government without a court order, without notice apparently to Mr. Aronberg’s office or to the public.

5 6 7 Now, why they did that, under what authority they did that, I don’t know. Now ther they asked Mr. Krischer or whether he consente ring the 8 time of the U.S. Attorney’s interacti r th the state attorney, Mr. Krischer’s office, we on’t know that 10 either. But we do know that t ve been disclosed.

11 Q. And you’re t get 12 and those materials

13 A. We wa t ublic to have those materials.

14 Q. Ri .

15 A.

i 16 Q. l the public.

17 The public. The Post is only a conduit for 18 th 4C4I IIll ubl’c. That’s what the media is under the First 19 n ent. Without the media acting as the conduit for 20 public, the public does not have the authority, the 21 time or the resources to inform the public of what’s 22 going to happen.

23 Imagine if Joe Public or Jane Public came 24 and brought this lawsuit. Would it have gone anywhere? 25 No. Thank God for the First Amendment that the Post has 1 the right constitutionally to seek these materials.

2 I know I’m going off on a tangent, but it’s

3 important.

4 THE COURT: You are. So let’s move on.

5 THE WITNESS: Thank you.

6 BY MS. WHETSTONE:

7 Q. Thank you, Mr. Mendelsohn let’s go

8 back to the demand, the first motion ctions that

/4:) /14 9 was that one-page motion, and that s erved on 10 June 8th, 2020.

de4IffaiPE:llibit 14. 12 Q. And the

ler had asked you some questions 14 Q. An

Aweic

15 about the let rk at was enclosed with that motion and

16 was the badle fo the sanctions motion that was attached

17 dealing with possession or custody of the grand jury

18 ma by the state attorney’s office.

19 A. I’m sorry, I don’t understand your

leestion.

21 Q. Sure. He had asked you whether there was a

22 basis for the first motion for fees, and the basis is set

23 forth in this enclosure letter; is that correct?

24 A. Right. Their position was that the

25 Statute, 905.27, and — yes, 905.27 did not provide a

1 private right of action, yes.

2 Q. So 905.27, that statute is not the claim 3 that we’re here on today, correct?

4 A. That is correct. Count 1 was broader than 5 that.

6 Q. And, when it comes to — Mr. Wyi said 7 something about possession or custody of state 8 attorney. He referenced that the st orney does not 9 have possession or custody in this ttjr, correct?

10 A. Correct

11 Q. But the reason46rlfiaming the state / 12 attorney in the complainctlie initial and the 13 amended complaint, s broader than his own possession or 14 custody? complaint

15 A. t. As the entity charged by Florida 16 law with t pervision of the grand jury proceeding, 17 that i d t ier ed as well the protection of grand jury 18 se y , nd we named him in his official capacity, if he 19 se, to protect grand jury secrecy, which he did in 20 otion to dismiss and the motion for summary judgment 21 he filed opposing the release of the materials to the 22 public.

23 Q. So that first motion for fees was filed 24 July 1st, 2020; is that correct?

25 A. The first motion, yes.

1 Q. Yes. And did the state attorney ever set

2 that motion, original motion for fees for hearing?

3 A. Never.

4 Q. And we are not here on that first motion;

5 is that correct?

6 A. Correct. They never set it fearing.

7 Q. So we’re here on the amende tion for

8 sanctions which was filed November 9t A, • is that

9 correct?

10 A. Correct. And, , the amended motion

11 and the notice of hearing mention the first one

12 from July of 2020.

13 Q. So yo r got a notice of hearing that

14 set the original st — July 1st, 2020, motion for fees

15 for hearing; correct?

16 A. yh t is correct, yes.

17 And you never got a copy via mail or fax or

18 ha} cop’ of the amended motion for fees filed

S5 19 er 9th prior to the time it was filed, correct?

20 V A. That is correct. We weren’t given the

21 21-day safe harbor.

22 Q. Why did you — Why did the Post decide to

23 drop the state attorney when it did?

24 A. The state attorney’s position changed from

25 one of opposition to the release of the grand jury

1 materials to one of neutrality. Once the grand jury — 2 Once the state attorney changed the position, then the 3 Post re-evaluated whether or not he should remain in the 4 case, and we determined that he should be dropped from 5 the case.

f 6 Q. At that point, had the Post actwisished 7 everything that it needed from the state 4R, rney in the 8 amended complaint? 0

9 A. Yes. We had given hi th opportunity to 10 voice objection or non-objectie ie originally voiced 11 objection, then he changed eutrality. That was 12 his decision, and there thing further that needed 13 to be stated.

14 Q. at point, when the Post decided 15 to dismiss th attorney on October 21st, 2020, had 16 the Post adComplished everything that was set forth in 17 your J 23rd, 2020, letter, those three reasons?

18 Yes. We had given the state attorney his 19 or unity to be heard, and he took it and then decided 20 no longer needed it.

21 Q. And, finally, the — you mentioned that the 22 final judgment on Count 1 regarding declaratory relief is 23 currently on appeal.

24 A. Yes, Count 1 is, yes.

25 Q. And does the state attorney need to be

1 named in that appeal?

2 A. No.

3 Q. Why not?

4 5 6 7 8 9 10 11 12 you say. with it. asserted that, under the First Amendment, Constitution and the Florida Constit had standing or the right to seek t materials, and the statute was First Amendment right by t 905.27, of it being in A. Well, the appeal was taken on Count 1 as Count 1 had a number of elements associated That’s the declaratory judgment p ion. It h the U.S. hat the Post grand jury ementary to that age in the statute, ance of justice.

13 14 15 16 17 18 19 20 21 22 23 24 We al inherent authori appellate co conflict w authoril rs SoAhere ted that the Court had and above 905.27. If the to determine that 905.27 was in he Court’s authority, that the Court’s superior to 905.27. So if it’s unclear a number of elements, a constitutional melt, the Court’s constitutional inherent authority as cribed by the Florida Supreme Court and that we believe that the reading of the statute that read out in furtherance of justice or tied it exclusively to a pending civil or criminal case was too narrow a reading of the statute.

25 Q. So the state attorney has stated his 1 affirmative non-objection to the clerk releasing the 2 grand jury materials from the Jeffrey Epstein case if 3 ordered by the Court?

4 A. Yes. That was why we dropped the state 5 attorney.

6 Q. On October 14th

7 A. Correct, yes.

8 Q. — that was the 9 affirmative statement - first t t h= filed that

11 Q. — that he AlliPect?

12 A. That’s ab y right, yes.

13 Q. And t 14 release of the g jiTry materials if ordered by the 15 Court in the DCA appeal? no longer objects to the

16 17 18 19 20 A. . In their answer brief, the clerk took the podt541 re se lerf the materials, which was contrary to the )46’t it on they took against our motion for summary gment. that it had no opposition at all to the

21 MS. WHETSTONE: No further questions.

22 THE COURT: Is this witness excused?

23 THE WITNESS: Thank you, sir.

24 MS. WHETSTONE: Yes.

25 THE COURT: All right, thank you, sir.

l v

1 MS. WHETSTONE: If I may approach, I’ll

2 take the exhibit binder.

3 THE WITNESS: These are for Mr. Wyler.

4 Thank you.

5 THE COURT: Next witness.

6 MR. WYLER: May we call a rebut witness?

7 MS. WHETSTONE: Your Honor, d’i e’s no

8 rebuttal witness listed on the - O

9 MR. WYLER: Well, as to tatements that

10 11 12 13 14 Mr. Mendelsohn said at th nning denying the conversation where he, ow, put it on us to you know, he said1a. e would hold the filing of an article wh’ e lement negotiations were pending.

15 16 17 18 19 MS. i7v NE: And, Your Honor, those settlement cussions were never entered into evide never even attempted to enter into en , and we object to those being entered t evidence now.

20 21 THE COURT: Settlement negotiations are excluded by statute. All right, so no.

22 MR. WYLER: Okay.

23 MS. WHETSTONE: Thank you, Your Honor.

24 THE COURT: Is there anything else?

25 MR. WYLER: Other than — No, Your Honor. 1 THE COURT: Okay. Then, I guess, both

2 parties have rested at this point?

3 MS. WHETSTONE: I was going to ask if Your

4 Honor wanted copies of the appeal brief and the

5 reply that had been filed in the Fourth DCA?

6 THE COURT: It’s not in evidenc

7 MS. WHETSTONE: Then the non- ant rests.

8 THE COURT: All right. S ybody’s

9 rested. I have your joint —

10 11 Can we just a moment, please?

12 13 THE COURT: ’ 44e.ke a moment. I’ll be back in five minutes

14 15 p.m.) (Off thSr; d from 2:20 p.m. to 2:35

16 TH CO T: Please be seated.

17 18 eryone get a chance to confer with who tr n d to confer with?

19 20 (::) MR. WYLER: Your Honor, thank you. We’d k if you might reconsider the rebuttal witness.

21 22 It’s not based on settlement. It’s really based on the direct testimony yesterday of

23 Mr. Mendelsohn saying that there was a firewall

24 25 between the legal team and the news team, and our witness can directly contradict that.

1 MS. WHETSTONE: Your Honor, we object to 2 this as not on the witness list, which we have 3 agreed, and having no issue that needs to be 4 raised. You could have asked Mr. Mendelsohn about 5 — and you could have asked Mr. Aronberg about his 6 own recollection of that instance.

7 MR. WYLER: I could call Mr. berg then 8 as a rebuttal. CO

9 THE COURT: I’m sorry?

10 MS. WHETSTONE: Obj it’s not 11 relevant to the motion a 1

12 THE COURT: I4e All right, I will not 13 reconsider.

14 MR. WYL (4<;T ank %dr you, Your Honor.

15 THE T: Closing arguments. All right, 16 now, I t hat we discussed last time we were 17 here that you would give me your closing 18 a e s, and, if you needed to supplement, I’ll 19 you time to supplement in writing.

20 Is that what you all want to do, or do you 21 want to conclude today?

22 MR. WYLER: I would prefer to provide you a 23 written closing argument if possible.

24 THE COURT: Instead of —

25 MR. WYLER: Yeah, I absolutely would. I

1 think that there’s a lot of — there’s a lot going 2 on here, and I think it might be beneficial to the 3 Court if you would — if you would allow us I 4 will give you — I’d be happy to give you a 5 written closing argument. I think it could help 6 you in formulating your final judgment” hichever 7 way you go. AcIr

8 MS. WHETSTONE: Your Honor i epared a 9 closing argument, but — and I 10 I was planning on doing also write one. a emental one anyway.

11 THE COURT: Well sking you, you know.

12 13 be more — if yo we going to do one or the 14 other, I thin it en closing arguments, we could 15 really lay ou know — MS. WHETSTONE: ink it would probably

16 TH CO T: Yeah, I joked about it earlier, 17 I thi eople are better in writing. A lot of 18 pile when they try to go off the cuff or deal 19 t the changes they experienced during a trial, 20 ey miss things. I do think people are better in 21 writing.

22 How much time do you need to prepare a 23 written argument?

24 MR. WYLER: If you could give us a week, 25 that would be great.

1 THE COURT: Okay, I’m going to give you 2 some guidance because there’s something I do want 3 to hear from you.

4 I do want you to address Lago. And, 5 Ms. Whetstone, when I read In re Grand Jury 6 Proceedings, in those cases the state, orney was 7 subpoenaed, they were not a party t6Qe case, and 8 I want you to address that as we

9 How much time do you nee prepare your 10 closings?

11 MR. WYLER: If y o ld give us a week, 12 Your Honor, that wo terrific.

13 THE COURT S: week

14 Ms. Whe ne, is a week sufficient?

15 MS. 16 sufficie Yes, Your Honor, a week is

17 E COURT: I’ll give 18 1 e a copy of the transcript you 10 days I would attached.

19 MR. WYLER: Then we might need a little 20 re time to get it.

21 MS. WHETSTONE: Your Honor, could we ask 22 for 20 days?

23 THE COURT: I’ll give you three weeks. 24 I’ll give you three weeks. Give me your — your 25 written closings and proposed orders.

6 MS. WHETSTONE: No, Your Honor, have

7 not been stipulated to. We submitt bench memo

8 that objects to the majority of lees.

9 THE COURT: I saw that. r el time.

10 MS. WHETSTONE: Yes, Honor.

11 THE COURT: Okay

12 MR. BIDEAU: rates have been

13 agreed. We’re n esting the rate. They

14 didn’t need t in an expert to talk about the

15 rate. Our nt was on legally whether some of

16 these - of these fees were — were

17 recov4tA4).e.

18 1)HE COURT: You can be seated. Give me a

19 d.

20 , okay.

21 THE COURT: I want you to address

22 Weatherby. One of the cases submitted, Weatherby.

23 MR. WYLER: Weatherby? Yes, sir.

24 And, Ms. Whetstone, I want you to address

25 In re Grand Jury on that issue regarding —

1 Give me one more minute. There might be

2 something else I want you guys to address.

3 In the event that I agree with

4 Mr. Aronberg, the amounts have been stipulated to,

5 correct?

1 because there is a difference, Mr. Aronberg in his 2 official capacity as a named party, and In re 3 Grand Jury, I think in that case, I think the 4 state attorney’s was subpoenaed.

5 And I also want you — well, both parties 6 to address the Horowitz case where it ,4s that 7 the judge can extend the law becaus ‘s 8 obligation of legislative author an

9 All right, so you’ll giv me your arguments 10 and proposed orders withi 1 lays.

11 Do I need to brin U sack in for a 12 hearing?

13 MS. WHETST Your Honor.

14 MR. WYLEfl N Your Honor.

15 THE C T: Okay. All right, then we’ll be 16 in reces ank you very much, everybody.

17 . WYLER: Thank you, Your Honor.

18 S. WHETSTONE: Thank you, Your Honor.

4 (The hearing concluded at 2:42 p.m.)

19 THE COURT: Have a great day.

)O;: 21

22

23

24

COURT CERTIFICATE

3 STATE OF FLORIDA

4 COUNTY OF PALM BEACH

5

6

7

10 is a true and complete record of my stenographic

11 notes.

12 Dated this 13th day of September, 2022.

13

14

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18

19

20

21

23

24

25

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I is a true and complete record of my stenographic

of my Bayley

Dated this 13th day of September, 2022.

was authorized to and did stenographically report

the foregoing proceedings and that the transcript

is a true and complete record of my stenographic

notes.

12

13

14

15

16

22

23

24

(1)

155:17 159:16 161:6 166:13 167:4 168:3

(1) (a)

168:11,20,23 169:12,22

(1) (b)

168:5,12,21, 24 169:18,21

(1) (c)

157:22 158:1

(2)

158:3 159:7, 12 168:3

(3) (a)

168:19,22 169:12

(3) (b)

168:23

(4)

177:4 179:15

(a)

167:20 168: 16

(b) eS y

16

1

1

2 156:16 :15

161:7 166:3 167:8 172:12 176:18 198:4

200:22,24 201:4,5

1.510

183:3

10

207:17

10(b)(5)

155:8

11/14/2019

189:25

117

150:2,3,9

119.07

161:6

119.07(1)

172:11

135

151:6,12

152:5

136

3 182:2

1477

157:15 193:20

1479

159:4

14th

202:6

15

192:23

15th

188:7

16

66:16,

9 197:12

166:17 171:6

1:06

145:2

1st

2

198:24 199:14

2

149:16

2.42

183:15

2.420

183:24

0 209:10

A4:42 d) (1) (b) (

182:15

2.420(j)

183:6,16

185:6

2.420(j)(2)

183:9

20

162:10 207:22

2006

175:24 192:5

194:5

2008

194:6

2019

189:15

2020

153:23 163:10

165:13 166:1,

3,7 176:19

177:21,24

178:23 179:8,

9,10 197:10

198:24 199:8,

12,14 200:15,

17

21

166:6 176:21,

25 177:10,16,

24 178:3,25 79:8,9,10,

4,15,16 1 1:16,17,20

21-day

165:22

179:13,25

199:21

21st

177:21 200:15

22

195:21

23

166:9 176:23

177:19

232

165:4

233

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235

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23rd

167:16 200:17

24(a)

161:7 172:12

245

171:22

247

176:17

162:11,12

27 . 01188:927 . 03150:18

154:15,17

188:10 189:6

190:6 191:5

2 : 20

204 : 142 : 35

204 : 142 : 42209 : 20

3

3

150:3,7,11

154:14 188:1,

3 189:4,5,25

190:1,4 191:2

3 (a)

168:2

30

157:13 181:24

193:16,1732

160:3 ◄

33

160:3,4

3rd163:10

44

167:14 184:12

188:18,19,21

189:19

5

57156 : 2357.105

148:23 162:2

165:7,19,23

166:12,15,22

167:7,11,13,

21 169:14170:3.23171:171:9 176:22

177.3 178.3

17.7.5 17.8.5,

11,14,19

179:13      180:17      22      24

180:17,22,24

25 | 161:13

7.105 (1) (a)

169:7 ↗

7.105 (3) (a)

167:16,19

169:6{sup}[1]{sup}[1]193:19

70

152:10

88th

149:15 165:11

166:7 178:23

179:10 197:10

99152:7 175:10,

12 187:25

190:23905.17

159:25 160:15

172:8

905.27

149:12 151:2

152.23 155.12

156 | 15 | 156 | 15150.14 (25) 159.18 (24)

159.10,24 161.10, 172.15

161:10 172:13

193:8 194:2,

23 / 197:25

198:2 201:12,↗ 14, 15, 17

905.27 (1)

192:2

905.27 (1) (c)

175:21

905.27 (2)

170:2302E 2716

325.27

O+L

9 CH 199.8.19

A

ability

161:17

absolutely

148:9,16

156:1 167:25

184:1 186:23

187:3 202:12

205 : 25

abuse

192:6

abused

195:10,18

abuses

195:14access

151:1, 24

153:6,8,10,11

172 : 25173:17.18174:1 175:23

176:3.7

accessing

173:5accomplish

186:22accomplished

200:6,16

accurate

151:25 179:19

acknowledges

158:9

act

165:22

acted

168:13,25

acting

196:19action

149:13,20,25

150:17 155:2,

5,7 156:19

182:25 183:1

188:13 189:1

193:9.10

actualafternoon188:12,25arguably
184:13145:5,12angry194:8
Added146:11,12173:22argue
157:21187:19announce163:13 184:20
additionalagree145:4argued
167:10164:5 205:12answering163:15 174:4
address208:3apparentlyarguing
192:25 207:4,
8 208:2,21,24146:14 176:23156:9argument
209:6205:3 208:13appeal153:1 156:18,
19 161:21,22
addressedahead164:23,24162:1 168:7
156:21 186:1189:17 190:2193:13 195:3169:15,20
Administration193:22 194:17200:23 201:1,
4 202:15171:2,3
182:16 183:6,
8,25 185:6150:13 177:12204:4181:15
admitallegedappeals185:11,12,15,
18 186:13
151:15149:18,23164:19205:23 206:5,
9,23 208:15
admitted179:16appearsarguments
150:23 162:5184:12190:1157:16 163:15
admittedlyambiguousappellate194:1 205:15,
18 206:14
162:16184:12201:15209:9
adoptedamendedapplicablearm
154:2 184:20150:1,3,6,23169:4 181:16191:14
advance154:14 157:25applicationAronberg
157:17 194:1160:8 175:2185:18145:15 146:22
advised187:22 189:10applied147:5,11,16
148:16190:5,22,24apply148:12,21
advocated191:15 192:12168:19 169:7161:17 164:6
182:13195:22 198:13approach173:25 174:10
affidavit199:7,10,18160:12,23177:21 179:4,
5,7,24
160:8200:8203:1180:12,15,21
affirmAmendmentappropriately181:3 188:6
affirm196:19,25177:13190:17,19
145:25201:7,11area195:11 205:5,
7 208:4 209:1
affirmativeamounts193:5
202:1,9208:4area
affordedand/or
155:20149:23,24
150:14,16

| Aronberg’s 176:14 196:4 | attorney 145:14 150:19 154:16,18,23 168:12,24 170:9 172:1, 4,5,19,22 177:21 185:9, 10,16,20 188:7 189:3, 11 190:8,10, 15,21 191:7, 11,14 192:3, 21 194:23,25 195:2,9,18 196:9 198:8, 12 199:1,23 200:2,7,15, 18,25 201:25 202:5 207:6 | 190:15 191:6 192:2 194:21, 22 195:4,5, 10,14,18 196:6,20 201:14,16,17, 19 209:8 authorize 155:5 availed 195:2 awarded 168:4 aware 161:16,21,22 163:25 185:13 | 176:17 182:1 193:20 Beach 145:9 152:16 162:19 175:18,22,24 176:3 188:8, 23 191:25 192:5,8 196:1 bear 159:20 began 145:2 beginning 156:3 166:1 203:10 behalf 145:8,14 belief 195:3 bench 208:7 beneficial 206:2 Bideau 145:6 208:12 big 172:24 binder 160:10,11 203:2 blanche 159:19 blow 190:2 Bock 188:22 | | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Ash 155:3 asks 174:10 assert 195:21 asserted 156:14 170:4, 9 201:7,13 asserting 156:2 161:12 194:20 assertion 170:8,11,24 194:19 associates 155:19 assuming 171:16,24 172:1 179:19 assumptions 178:9 attached 197:16 207:18 attempted 203:17 attend 163:18 attention 172:8 187:24 191:16 | attorney’s 153:21 154:10 162:18 163:16 164:11 190:25 194:18 196:8 197:18 199:24 209:4 attorneys 155:19 169:3 189:7 attorneys’ 160:9 165:18, 25 176:14 Authorities 160:4,10,11 authority 148:18 150:20 154:16 157:3, 5 159:19 175:22 188:9 189:7,11 | behalf B back 170:3 172:8 175:9 181:24 190:23 191:15 197:8 204:13 209:11 bar 155:6 based 168:13 182:13 195:24 204:21 basis 153:25 192:9 197:16,22 [REDACTED] 150:2,8 151:5,7 152:1,2 157:15 162:10 165:4,15 166:20 175:10 | Beach bear 159:20 began 145:2 beginning 156:3 166:1 203:10 behalf 145:8,14 belief 195:3 bench 208:7 beneficial 206:2 Bideau 145:6 208:12 big 172:24 binder 160:10,11 203:2 blanche 159:19 blow 190:2 Bock 188:22 |

bottom
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 |

190:5,13,1410 182:9,11158:6 159:10,days
191:12 197:23183:4,13,16,17 184:7,8166:6,9
198:3,4,9,10,17 184:4,15,187:5,7,10176:21,25
15,24 199:5,18 185:3,24201:23177:10,16
6,9,10,15,16,186:10 187:15cross178:3,25
19,20 202:7192:1,3,4,10145:17 146:9179:10,14,15,
208:5194:20 195:4,158:1816 207:17,22
corrected14 196:3cross-examined209:10
177:13197:4 201:13,158:18
Cort15,20 202:3,crystalDCA
155:315,22,25171:4184:10 195:8,
costs203:5,20,24cuff13 202:15
160:9204:1,6,8,12,206:18204:5
Count16 205:9,12,curedeal
149:16 198:415,24 206:3,179:24206:18
200:22,2411,16 207:1,custodiandealing
201:4,513,17,23182:8,22190:24 197:17
County20:8,11,18,custodydecide
175:24 188:8,21 209:15,19161:19 170:12199:22
Court’s190:11,12decided
23 192:5175:22 182:22192:20 194:20156:25
196:1185:2 192:2197:17 198:7,200:14,19
195:5,89,14decision
court201:16,19154:11 162:23
145:3,16,20courts200:12
146:7 147:3155:2Ddecisions
148:1,6,7creatingdate148:17
149:3 150:8148:21 190:7177:24 178:2,declaration
152:25 153:925152:18
155:3,4,16,21credibilitydateddeclaratory
156:21195:20189:25161:18 170:5,
158:17,22creditDave17 177:15
159:13,15,18164:12145:14 176:14183:1,18
160:13,20crime177:21200:22 201:6
161:3,10criminal180:11,15declaring
162:9 163:2,5150:25188:6175:20
167:20 168:5,151:17,21daydecline
6 169:18,19152:18,21149:7 153:14171:13
170:1 172:14153:5 155:22165:10 178:22deems
173:22 174:1,156:15 157:8209:19192:10
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
ESQexcused
146:6202:22
essentiallyexempt
162:22 191:14161:5 172:10
establishexercise
170:6 179:23157:4
establishedexhibit
194:3148:1,4,5
establishment152:7 157:12
168:8165:2 166:16,
eventually193:17
153:2320
everybody’s
204:8• 151:8
evidence:23
146:1,15istence
147:25 14168:14
( Ll
149:6 187:16,expectation
17168:10
examinedexpedited
174:25 176:5192:9
186:10experienced
excluded206:19
203:21expert
exclusively208:14
201:22expressly
150:19 168:11extend
183:15209:7
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 | |

11 154:2113 161:24,25needed199:11,13
158:12,14163:10,13153:15,17Notwithstanding
159:3 160:6164:10,24154:4,5,9168:3
161:11 162:10165:18,19,20,168:16 194:14November
163:8 169:5,21,25 176:14200:7,12,20189:15 199:8,
25 173:21177:8,11205:1819
174:16 179:22180:2,25negotiationsnumber
181:19 185:1181:8,9146:16,22150:3 154:18
187:19 197:7183:7,14,15147:19,20,24165:2 171:5
203:10 204:23184:2,6,9148:22175:10 177:19
205:4185:7,19203:13,20178:8 179:17
mention192:14,23neutral193:20 201:5,
199:11197:8,9,15,153:20 184:25
mentioned16,22 198:20,neutralityO
153:8 200:2123,25 199:2,153:24 154:2
middle4,7,10,14,18184:21 200:1,
166:23202:19 205:1111
Mikemovenewsobject
147:6,16149:5 153:13204:24153:16,17,22
[REDACTED]154:21 169:25154:4,5,9
204:10197:4202:11 203:18
mindmovednewspaper205:1
189:19180:1,5 183:1148:21 157:16objected
158:9 173:13153:20 164:14
minutemoving182:25 186:16objection
208:1159:23193:25146:25 147:21
minutesnewspaper’s148:7 149:1
175:23 192:4183:14169:8 200:10,
204:13183:1411 205:10
mixingnamednon-movantobjections
180:9189:3,11,22204:7164:18,19,22
190:10,11non-objection
198:18 201:1200:10 202:1objects
modification209:2Nonetheless202:13 208:8
168:7182:12obligation
momentnamesnonpossession209:8
204:10,12188:19164:12obligations
monetarynaming160:19 161:1,175:20
168:4198:114 172:9obtaining
motionnarrow197:20 196:3183:3 185:4
149:16 156:5,193:5 201:23177:20 196:3186:7 195:19
obviousopeningPalmparticipate
191:8164:2145:9 152:16194:24
occuropportunity162:19parties
163:17153:18 194:24175:18,22,24155:18 175:20
occurred195:2 200:9,176:3 188:8,204:2 209:5
185:201923 191:25
192:5,8 196:1party
occursopposes177:8 180:15
159:15184:23185:10,25
Octoberopposing207:7 209:2
153:23198:21party’s
177:21,24168:12,24
179:8,9oppositionparagraphpast
200:15 202:6185:19 199:25150:3,6,7,11165:15
offense202:17152:10pendency
169:24154:13,14146:22
offeroption157:21 160:18pending
148:6154:10161:1 162:13147:19
oral168:5,11,12,151:18,21
offered186:1323,24 169:18158:6 184:6,8
147:19 148:23order171:11,15,22187:7,10
office149:15 161:9182:19 188:1,201:23 203:14
149:24 150:15172:14 192:3,3,18,19,21
153:21 154:1022,23,253,18,19,21penultimate
161:17 163:16193:4 196:3189:4,5,25171:20,21
161:17 163:16190:1,4
170:11 174:6ordered191:2,16people
188:11,25155:16 202:3,193:23 195:21186:11
196:1,4,914206:17,18,20
197:18paragraphsperformance
189:2164:3
officialordersparalegalperiod
150:15207:25 209:10145:7179:25
150:15parentheses
188:11,24original158:2personal
188:11,24part164:10
189:22146:14,15persons
190:20,25147:15 148:4,155:21
198:18 209:25,22 150:10
one-page163:14 181:16phone
197:9186:1 187:7,147:13,17
openp.m.10 194:2phrase
159:14145:2 204:14,158:4 194:10
opened15 209:20
147:23
physical145:10previously18 185:3
172:2151:20,21146:24192:11
pin152:17,22,25primaryproposed
178:17156:6 162:19190:14165:21 207:25
plaintiff175:18,22prior209:10
145:10 177:20176:3 187:6,149:15 150:17prosecuted
planning11 191:25152:25 153:9146:24
206:10192:8 196:17,195:17 199:19prosecution
plea25 199:22private155:22
194:6200:3,6,14,16193:9,10protect
point201:8198:1198:19
171:14 200:6,potentialproblemprotection
14 204:2163:15 175:4181:7198:17
portions194:5procedureprotector
146:16 194:13191:11183:2,3190:25
positionpower184:7,13provide
153:20,22,23154:19185:4160:2,7
154:2 178:25practiceproceeding170:13 172:4
179:4,6154:23 182:16182:24 184:8181:12 184:18
180:11,14,16,183:5,8 185:5190:18 198:16197:25 205:22
21 181:1,3,4preeminentproceedingsprovided
182:4,7,13194:22145:2 150:20152:2
184:11,14,21prefer188:10 189:12provision
197:24 199:24205:22207:6160:16 167:11
200:2 202:17,prepare190:16 194:21201:6
possession206:22 207:9processprovisions
149:19,24prepared195:15161:6 172:11
150:14,16206:8producepublic
161:19 162:6,prescribed182:11175:1 176:1
16 164:11159:16prohibit186:8,16,17
172:2 188:12,presence172:21187:2 192:9
25 189:23145:4prohibiting194:7 195:1
190:11 192:20present174:5196:4,13,16,
194:19 197:17159:16 184:11prohibits17,18,20,21,
198:7,9,13presented172:323 198:22
possibly168:6 169:19properpublisher
186:19175:24 177:10153:25 183:3,145:9
Post192:5pull
189:17quotesreasonable192:21
purpose158:2168:10recoverable
155:23 158:11reasoned208:17
175:25193:7redact
R175:3
purposesraisereasonsredacting
181:11185:23, 24171:13 200:17186:18
pursuantraisedreassessredirect
155:16 161:10205:4184:15157:20 172:8
172:15 175:21203:6, 8187:16, 17
188:8, 10204:20 205:8referenced
192:1198:8
putratesrecallreferring
149:12 162:1208:12147:12 156:2164:17 166:14
179:20 203:11re-evaluated161:12 170:25167:13, 17
putting200:3189:16179:6 181:9
readreceivedrefers
155:15 157:24176:22172:18
158:21 159:5recessrejected
160:20 161:3209:16171:9
162:14, 15, 21recognizerelationship
163:22 164:1165:6, 17159:21
167:19 168:16171:8release
169:3, 10recollection152:25 153:9
172:9 177:6205:6159:19 183:19
182:19 185:3reconsider184:21, 23
187:21 188:3,204:20 205:13186:15 198:21
21 191:18, 24record199:25
193:1, 19, 23164:1, 20202:14, 18
201:21 207:5recordsreleased
160:19 161:4161:8 172:13
164:3 170:12releasing
172:10202:1
173:12, 13relevant
174:1, 11, 18,205:11
21, 24 182:18relief
183:4 184:4161:18 170:5,
185:5 186:717 177:15
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
192:10200:22research
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
181:5,8,10160:2,22182:1155:12 173:25
197:9162:12 165:5,stamped175:1 200:13
service16 170:10162:10201:25
177:11171:14 172:7stampsstatement
set173:20 174:6151:7164:2,13
183:4 185:5202:23,25standing172:9 202:9
189:10 197:22208:23201:9statements
199:1,6,14situationstart164:1,6,8,15,
200:16159:20 189:9146:13 171:2119,20 203:9
settleskippingstartsstates
148:14169:5152:13 160:18155:3 195:22
settlementsocial161:1 162:13statute
146:16,19,22194:10171:15,23150:18 154:15
147:18,20,22,solelystate157:2,6
24 148:13,22190:11145:14167:3,14
203:13,16,20solemnly150:19,20168:20 169:7
204:21145:25153:21172:22 174:5
sexsought154:10,16,18175:21 177:3
192:6151:1157:7 161:7179:2,15
sharedsound162:18 163:16181:19 188:9,
196:1166:3164:11 170:910 189:6
Sharonspeak172:1,3,5,12,191:5,10,13
188:22147:1119,21 177:21192:1 193:11
showspeaking185:9,10,16,194:22 195:6,
150:4 160:23147:1220 188:713 197:25
167:14specifically189:3,7,11198:2 201:10,
sicspecifically190:7,10,15,11,21,24
159:8155:421,25 191:7,203:21
simplespecifics10,14 192:3,statute’s
173:24 178:10170:2021 194:5,18,166:23
179:22spoke23,25 195:2,Statutes
simultaneously147:15,187,9,18 196:8190:7
186:17spoken197:18 198:7,statutory
sir147:88,11 199:1,154:24 179:12
145:19,22stamp23,24 200:2,STENOGRAPHER
149:14 150:10150:2,8 151:67,15,18,25158:15
151:8,14152:2 165:4,201:25 202:4step
152:8 154:715 166:20207:6 209:4154:7
157:18,20175:10 176:17statedStephen
145:10 146:6suedSupremetestified
stipulated153:15 184:4155:3 184:15146:8 153:15,
208:4,7188:11,24195:8 201:2022
stopsufficientsurroundingtestifying
173:23207:14,16194:4158:22
strongsuggestsustainedtestimony
157:16 193:25175:6148:8 149:3155:20 159:9,
subdivisionsuggestedswear13 175:23
161:6148:12,15145:20,25176:4,7 192:4
subjectsuggestingsworn204:22
149:20,25156:24 165:21145:23 146:7things
150:17 188:13195:12153:18 178:4
189:1 193:13system179:17,19
submitted169:14191:1180:9 206:20
208:7,22summaryThomson
subpoenaed161:25 183:2,145:7
207:7 209:414 185:19tabthought
subsection192:14 198:20157:13,15163:15,16
155:17 157:22202:19160:3,4tied
158:1 159:7superior162:10 171:5201:22
166:13 167:4,195:5 201:17175:10,12time
8,9,14,20superseded176:13 177:19147:18 149:12
168:20 177:4194:22181:24163:3,24
179:15supervisetalk184:11 185:9,
subsections189:7208:1417 187:7
168:3supervisiontalked196:8,21
substances198:16146:18 167:18199:19 202:8
146:24supplementtalking205:16,19
succeed205:18,19148:1 173:23206:22 207:9,
153:1supplementaltandem20 208:9
success160:8 206:10158:3times
168:10supporttangent146:19
successful153:19197:2161:16,23
156:19supportedteamtoday
successor170:5195:19 204:24198:3 205:21
190:21supposedtellingtold
sue184:3156:22166:3
190:19terrifictop
207:12159:5 182:2

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

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