@KlasfeldReports
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Standby for the live-feed of Giuffre v. Dershowitz.
@KlasfeldReports
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"All rise." We begin with U.S. District Judge Loretta Preska expressing concerns about scope of discovery. "I was a little concerned when I read the list of people whose deposition you wised to take," Preska said. "It seems to be a pretty long list."
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Judge Preska is skeptical that discovery should go into Dershowitz's possible other accusers. "Whether Mr. Dershowitz had relations with other women in Epstein's house, do we care?" she asks. Giuffre's counsel replies yes.
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"It's kind of like propensity evidence," Preska says. Giuffre's counsel notes: "Mr. Dershowitz's denial is quite sweeping." In his denial, Dershowitz claimed he never had sex with anyone other than his wife. Preska says they're not going to go into that.
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Preska tells Giuffre's counsel that several of their request seem pretty "far afield," and the attorney replies that it goes to Dershowitz's credibility. Giuffre's counsel says that, at the end of the day, it's a "he said, she said."
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Dershowitz's counsel said that investigating the veracity of the claim that the professor never had sex with anyone other than his wife stretches the acceptable discovery. "Or propriety," Preska interjects.
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Dershowitz's attorney notes that Giuffre is suing his client for his essentially calling her a liar. "I'm well aware of that counsel," Preska notes. Giuffre's counsel notes that this formulation understates matters.
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Dershowitz alleged "an extraordinary effort" by Giuffre and his attorneys to blackmail and extort him, the attorney notes. Preska notes that Mr. Kessler--the figure at the center of the recent NYT expose--may be proper scope for deposition.
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Giuffre's attorney Charles Cooper notes that the same article made reference to "what purports to be a recording" of Dershowitz having sex with a woman in Epstein's apartment. Both parties want the video, which Dershowitz claims to be a fraud.
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Giuffre's attorneys want to amend their complaint to add "fresh, defamatory statements" from Dershowitz's new book. The amended claims would included NY's new Child Victims Act.
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Dershowitz's attorney: "I think there is irrefutable proof that she wasn’t a child and doesn’t qualify."
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Dershowitz's attorney making arguments today was Howard Cooper. Today's proceedings have ended. Story coming soon for
@CourthouseNews
. A couple more revelations from the hearing...
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The Dershowitz-Boies feud escalates. Dershowitz's attorneys said they plan to subpoena David Boies and the Boies firm under the crime-fraud exception, and they anticipate that the responsive docs will have to be viewed privately by the judge.
@KlasfeldReports
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Reminder: Judge Preska disqualified Boies' firm because Dershowitz's allegations made them at issue in the case, in a ruling issued the same time she denied dismissal to Dershowitz.