File 019297
Letter Regarding Protective Order Violations and Confidentiality Disputes in Giuffre v. Maxwell (File 019297)
Legal correspondence from Dershowitz's counsel to opposing parties regarding alleged violations of court protective orders and confidential discovery materials disclosed to the Washington Post.
Summary
On February 7, 2018, attorneys representing Alan Dershowitz wrote to counsel in Giuffre v. Maxwell alleging that plaintiff's counsel violated district court protective orders by providing cherry-picked and misleading characterizations of sealed discovery materials to Washington Post reporters. The letter details accusations that specific details from a sealed deposition were reproduced in media disclosures, and argues that selective presentation of evidence misrepresents the witness's credibility by omitting her claims about assistance from "Russians" and Anonymous, alleged videos of political figures, and other statements that undermine her testimony against Dershowitz. The correspondence demands stipulation to unseal the witness's emails to allow full public disclosure and permit Dershowitz to respond to leaked accusations.
RICHARD D. EMERYANDREW G. CELLI, JR.MATTHEW D. BRINCKERHOFFJONATHAN S. ABADYEARL S. WARDILANN M. MAAZELHAL R. LIEBERMANDANIEL J. KORNSTEINa ANDREW F. WILSONELIZABETH S. SAYLORKATHERINE RosENFELDDEBRA L. GREENBERGERZOE SALZMANSAM SHAPIROBy EmailEMERY CELLI BRINCKERHOFF & ABADY LLPJ. Stanley Pottinger.1. Stanley Pottinger PLLC49 Twin Lakes RoadSouth Salem, NY 10590Email:AyroRNEYS Al LAw600 Ft Fri I MTN uR AT RocKual.F.R CENTIM10" FLOORNow YORK, NEW YORK 10020TELFAX:wmv.ccbalaw.comFebruary 7, 2018Paul G. CassellS.J. Quinney College of Law at the University of Utah383 S. University StreetSalt Lake City, UT 84112EmailSigrid S. McCawleyBoies, Schiller & Flexner LLP401 East Las Olas Boulevard, Suite 1200Fort Lauderdale, FL 33301Email:Laura A. MenningerHaddon, Morgan and Foreman, P.C.150 East Tenth AvenueDenver, CO 80203Email:Re: Giuffre v. Maxwell, No. 15 Civ. 7433 (S.D.N.Y.)Dear Counsel:As you know, this firm represents Intervenor Alan Dershowitz in theabove-referenced case.CHARLES J. OGLETREE, JR.DIANE L. HOUKJESSICA CLARKEALISON FRICKDAVID LEBOWITZDOUGLAS E. LIEBALANNA KAUFMANEMMA L. FREEMANDAVID BERMANASHOK CHANDRANDANIEL TREIMANIt has recently come to our attention that plaintiff's counsel provided reportersfrom the Washington Post with submissions from a disciplinary proceeding pending before theHOUSE OVERSIGHT 019297EMERY CELLI BRINCKERHOFF & ABADY LLPPage 2Florida Bar that reference information that was developed during discovery in this case. Inkeeping with plaintiff's enduring practice of insisting on selective confidentiality to bolster herown accusations while concealing evidence that undermines her claims, the materials provided tothe Post include cherry-picked and misleading characterizations of evidence that is sealed and/ordesignated confidential under the protective order governing this action—to say nothing of thefact that it is simply false. In several instances, the materials plaintiff's counsel provided to thePost directly reproduce exhibits that were marked confidential in this case by plaintiff; and whichplaintifffiled under seal before the district court. These disclosures violate both the spirit andthe letter of the district court's orders, and appear calculated to hamstring ProfessorDershowitz—who respects and will abide by the court's orders—in responding to theaccusations against him.Most notably, the materials provided to the Washington Post repeat theoutrageous claim that "came forward" and "corroborated" Ms. Giuffre'saccusations against Dershowitz when she "testified under oath that she had been trafficked byMr. Epstein and had had sex with Mr. Dershowitz." As plaintiff's counsel are well aware, Ms.testimony is marked confidential and remains under seal; indeed, plaintiff hersqffiled the relevant deposition transcript under seal before the district court. See ECF No. 701-1.Yet the materials provided to the Washington Post repeat specific details from Ms.sealed deposition, including specific sex acts she claims occurred with specific individuals.Plaintiff's counsel's selective characterization of this sealed evidence to a national newspaper isan outrageous violation of the district court's orders. See ECF No. 62 III 4 ("CONFIDENTIALinformation shall not be disclosed or used for any purpose except the preparation and trial of thiscase."); see also, e.g., Taylor v. Teledyne Techs., Inc., 338 F. Supp. 2d 1323, 1343 (N.D. Ga.2004) (publicly summarizing and paraphrasing confidential documents violated protective ordereven without verbatim disclosure).This is especially so given that the totality of this individual's testimony and otherdocuments produced confidentially in discovery (none of which plaintiff's counsel elected todescribe to reporters) demonstrate that her claims are utterly unworthy of belief.' Among otherthings, in emails sent in 2016, Ms. Iclaimed that she received help from "the Russians"and the hacker network Anonymous in responding to a hack of her email by the CIA; that HillaryClinton sent "Special Agents Forces Men" to "intimidate[]" and "ruff{] (sic) . . . up" her friend inan effort to "to protect [Ms. Clinton's] presidential campaign"; that she possessed video andphotographic evidence against both Ms. Clinton and Donald Trump that she would release toWikileaks and Russian media by Sunday, October 23, 2016; that she possessed video footage ofBill Clinton, Prince Andrew, and Richard Branson having sex with her friend which was backedup on "several USB sticks" that she had "securely sent . . . to various different locationsthroughout Europe"; and that another friend had—while the two "were showering together"—showed her physical evidence that "Donald Trump liked flicking and sucking her nipples until1 As you know, on June 21, 2017, we, on behalf of Professor Dershowitz ,wrote to Judge Sweetasking that, in the event that Ms. deposition were unsealed (or its designation as"confidential" by the parties withdrawn), the Court permit public disclosure of her emails.HOUSE OVERSIGHT 019298EMERY CELL! BRINCKERHOFF & ABADY LLPPage 3they were raw." Notably, in these emails, Ms. mentions Professor Dershowitz, but shedoes not allege that she was trafficked to or had sex with him.As you know, Ms. provided this information, on the record, to a NewYork Post journalist with the expressed hope that it would be published. Although theseallegations, if credible, would have been the story of a lifetime — videos and eye witnessaccounts of sexual misconduct by two presidential candidates, a former president, and one of theworld's leading entrepreneurs— the New York Post declined to publish them, presumably, andnot surprisingly, because it did not find Ms. credible. Nonetheless, thereafter, Ms.represented by the same lawyers who represent the plaintiff in the above-captionedcase, was permitted to testify that Professor Dershowitz had sex with her. These same lawyershave now provided documents to the Washington Post repeating the false charges, but havefailed to provide the Post with the emails that fatally undermine them. These selectivedisclosures, and this use of the court's protective and sealing orders "as a sword," are manifestlyimproper.Professor Dershowitz intends to pursue all available remedies for violations of thedistrict court's orders, including sanctions. That said, to remedy the gross imbalance in availableinformation created by counsel's improper disclosures, we ask that the parties' counselimmediately agree to a stipulation, to be so-ordered by Judge Sweet, unsealing and removing theconfidentiality designations from Ms. emails. This will allow for full publicdisclosure of these matters—where their falsity, exposed to the "sunlight" of public review, willbe manifest—and it will permit Professor Dershowitz to respond fully to the accusationsplaintiffs counsel leaked to the Washington Post. Only with such full disclosure can the publicdecide who is telling the truth.Please let us know your response to this request by noon on February 9, 2018.Very truly yours,Andrew G. Cel 1, Jr.HOUSE OVERSIGHT 019299