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FBI VOL00009
EFTA00601154
179 sivua
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141 1 Epstein used to travel from the airport to your home 2 on those occasions when you observed -- 3 A. I have no recollection. They were rented 12:53:20 4 cars. 5 Q. Limousines? 6 A. Limousines, yeah, yeah. 7 Q. And did you ever travel from your home 12:53:24 12:53:24 12:53:26 8 with Jeffrey Epstein in a limousine? 9 MR. SCOTT: Objection, form, overly broad. 12:53:35 10 A. Not during the relevant time period, no, 12:53:37 11 no. 12 BY MR. SCAROLA: 12:53:41 13 Q. So, you can state with certainty, based 12:53:43 14 upon your superb memory, that at no time between 15 1999 and 2002 did you ever travel from your home in 16 a limousine with Jeffrey Epstein? 17 A. I can't imagine any reason why I would 12:54:03 18 have. I did not fly in his plane during that period 19 of time, my records establish. And I would see no 20 reason why I would have. I don't have any 21 recollection whether I specifically drove with him 22 during that period of time. But I think I did not. 23 Because I did not have any reason. 24 Normally if I drove with him, it would be 12:54:25 25 to go to the airport to get on his plane. That was EFTA00601294
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142 1 the only reason that I would have ever to go in a 2 limousine that I know of. 3 Q. What records establish that you were not 12:54:37 4 on Jeffrey Epstein's plane during what you have 5 described as the relevant time period? 6 A. No, you've described it as the relevant 12:54:46 7 time period. You said 2009 to 2000- 8 Q. No, sir. In the answer you just -- 12:54:51 9 A. -- 1999 -- 12:54:52 10 Q. -- gave, you used the phrase "relevant 12:54:53 11 time frame," time period. 12 A. Yeah, I was picking up on your terms 12:54:54 13 between 1999 and 2002. So can we agree that's the 14 relevant time period? 15 Q. You can tell me what -- what your response 12:55:03 16 is based on that you never traveled on Jeffrey 17 Epstein's airplane during the relevant time period, 18 whatever you consider that to be. 19 A. Okay. Number 1, my own calendars, which 12:55:15 20 have been provided to you. Number 2, my cell phone 21 records. Number 3, my wife's calendars. Number 4, 22 my teaching and other schedule. 23 Number 5, my own recollection. And number 12:55:33 24 6, as far as we know, the airplane manifests do not 25 have me on any airplanes during that time period. EFTA00601295
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143 1 Q. What do you mean as far as -- 12:55:49 2 MR. SCOTT: We can take a break at some 12:55:50 3 point. It's about 1:00. 4 BY MR. SCAROLA: 12:55:53 5 Q. What do you mean as far as you know, the 12:55:54 6 airplane manifests 7 A. I've only seen some manifests and none of 12:55:57 8 them have me on any airplane during the relevant 9 time period. I have no idea whether there are any 10 other manifests. I wouldn't know. 11 Q. Well, have you seen manifests from the 12:56:07 12 period between 1999 and 2002? 13 A. I think I have, yes. I think I have, 12:56:12 14 yeah 15 Q. Okay. The entire period, covers the whole 12:56:14 16 period? 17 A. Yeah. I think I've been told by my 12:56:17 18 lawyers -- 19 MR. SIMPSON: Don't -- 12:56:20 20 A. Okay. I have been advised by people who 12:56:21 21 have seen the records that there is -- that I was 22 not on any of Jeffrey Epstein's planes during that 23 period of time. And that comports with my -- with 24 my memory. 25 EFTA00601296
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144 1 BY MR. SCAROLA: 12:56:34 2 Q. Which people told you they saw airplane 12:56:34 3 manifests for the period between 1999 and 2002? 4 MR. SCOTT: If that involves lawyer 12:56:44 5 conversations and -- 6 A. It does involve lawyer conversations, yes. 12:56:46 7 MR. SCAROLA: He just waived it. 12:56:48 8 MR. SCOTT: I'm not taking that position. 12:56:50 9 BY MR. SCAROLA: 12:56:52 10 Q. Okay. So your position is that you are 12:56:53 11 not disclosing -- 12 A. I'm happy to disclose -- 12:56:54 13 Q. who told you 12:56:56 14 A. I'm happy to disclose -- 12:56:57 15 MR. SCOTT: No, no, I'm the lawyer here. 12:57:00 16 I'm telling him not to answer that question. 17 I'll discuss it at the lunch break and I'll get 18 back to you. And I would also like to know 19 what the relevancy of all those questions were 20 about the house. 21 THE WITNESS: I can figure it out. 12:57:10 22 BY MR. SCAROLA: 12:57:15 23 Q. Who -- did you personally see airplane 12:57:15 24 manifests during that period between 1999 and 2002? 25 A. My recollection is that I have looked at 12:57:23 EFTA00601297
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145 1 plane manifests. I think they were prepared to be 2 shown to various people who I'm not allowed I'm 3 told not to talk about. 4 MR. SCAROLA: Okay. You've requested a 12:57:41 5 break. 6 MR. SCOTT: Take a lunch. 12:57:44 7 VIDEOGRAPHER: Going off the record. The 12:57:44 8 time is approximately 12:57 p.m. 9 (Recess was from 12:57 p.m. until 3:43 p.m.) 13:10:50 10 VIDEOGRAPHER: Going back on the record. 13:35:41 11 The time is approximately 3:43 p.m. 12 BY MR. SCAROLA: 15:43:41 13 Q. Mr. Dershowitz, did you author a book 15:43:43 14 called My Life in Court? 15 A. No. 15:43:47 16 Q. Do you recall having said the following: 15:43:49 17 "There's an old saying if you have the law on your 18 side, bang on the law. If you have the facts on 19 your side, bang on the facts. If you have neither, 20 bang on the table. I have never believed that, but 21 I do believe in a variation of that theme. If you 22 don't have the law or legal facts on your side, 23 argue your case in the Court of public opinion"? 24 Did you say that those things? 15:44:17 25 MR. SCOTT: Let me object to the form of 15:44:19 EFTA00601298
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146 1 that because the statement does not give a 2 time, date, place or anything of his 3 recollections. 4 A. No, I remember saying that in following 15:44:25 5 context, I was accused of an unspeakable heinous 6 crime by lawyers who deliberately put it in a court 7 pleading that they believe would give them immunity. 8 They put it in a pleading which I was not a party. 9 I had no realistic legal opportunity to respond to 10 the lies and in that context, my only alternative 11 was to respond to the media when the media called 12 me, because obviously the media had been alerted to 13 these lies that were inserted in a judicial 14 proceeding, and I had no alternative but to respond 15 in the court of public opinion. 16 I prefer to respond in courts of law. In 15:45:16 17 fact, I've had cases in my career, including a 18 double capital case, where I made a deal with the 19 prosecutor initially that I would never speak to the 20 press if he would never speak to the press and we 21 honored that deal even when I won the case and my 22 clients were taken off death row. 23 So my strong preference would be to 15:45:34 24 respond in the court of law where I think I have 25 abilities and talents to respond. But when I have EFTA00601299
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147 1 no alternative because of the way in which the 2 lawyers put the false allegations in a judicial 3 pleading hoping to get judicial immunity, yes, at 4 that point the appropriate response is in the court 5 of public opinion. 6 That's what Justice Blackmun said in a 15:46:00 7 concurring opinion in the Supreme Court, that the 8 duty of a lawyer does not stop at the courtroom door 9 but it continues on to the courtroom steps. And my 10 attitude is you fight the battle wherever the other 11 side starts it. 12 So, if the battles are started in the 15:46:16 13 court of public opinion, I have an obligation to 14 continue it in the court of public opinion. 15 MR. SCAROLA: Move to strike the 15:46:25 16 unresponsive answer. Let me try again and I'll 17 make it a little simpler for you. 18 BY MR. SCAROLA: 19 Q. Did you say if you don't have the law or 15:46:31 20 legal facts on your side, argue your case in the 21 court of public opinion? 22 A. I said that in the context of an 15:46:39 23 ability -- an inability to respond in the court of 24 law. In this case, I think I have -- I know I have 25 the facts on my side. In this case, it was unclear EFTA00601300
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148 1 whether I had the law on my side at that time when 2 I, of course, learned that Professor Cassell made a 3 statement to ABC News that was not privileged and 4 when I also learned about statements made by both 5 Cassell and Edwards, I realized at that point I had 6 the law on my side, the facts on my side, and 7 morality. And that's the most important thing to 8 me, morality on my side. 9 BY MR. SCAROLA: 15:47:22 10 Q. You are quoted in an April 2007 edition of 15:47:24 11 the Daily Mail as having said "The financier," 12 referring to Jeffrey Epstein, "had paid for massages 13 but had not engaged in sex or erotic massages with 14 any minors." 15 Did you make that statement? 15:47:53 16 A. Can you show me? 15:47:54 17 MR. SCOTT: Would you like to see the 15:47:56 18 article? 19 THE WITNESS: Yes, of course I would. 15:47:58 20 MR. SCOTT: Can he see it, please? 15:48:04 21 BY MR. SCAROLA: 15:48:05 22 Q. Does that help to refresh your superb 15:48:06 23 memory? 24 MR. SCOTT: Objection. No -- he asked to 15:48:09 25 see it. There's no question pending. He's EFTA00601301
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149 1 reviewing the document. 2 A. I have no recollection of having made that 15:48:16 3 statement, nor do I know whether it's an accurate 4 rendition. I note that it's not in quotation marks. 5 BY MR. SCAROLA: 15:48:24 6 Q. So you can't remember one way or another 15:48:25 7 whether you said that; is that correct? 8 A. I can't remember my exact words. I was 15:48:28 9 I was defending Jeffrey Epstein both in the court of 10 law and in the court of public opinion. 11 Q. So, as far as Jeffrey Epstein was 15:48:37 12 concerned, you decided to resort to the court of 13 public opinion -- 14 A. Because -- 15:48:45 15 Q. -- correct? 15:48:45 16 A. Because the press had called me because 15:48:46 17 Epstein's opponents had gone to the press and tried 18 to make the case against him in the press. As I 19 said previously, and I've stated this over and over 20 again, I will fight for my client in any forum in 21 which the fight is commenced by the other side. If 22 the fight is limited to the court, I much prefer to 23 fight in the court. 24 No defendant benefits from having his case 15:49:09 25 in the newspapers. Every defendant I know and every EFTA00601302
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150 1 defense lawyer I know, and I certainly teach this to 2 my students, try to keep the case out of the press, 3 try to keep the press as far away from the case as 4 possible. But if the press is covering the opposing 5 point of view, you have an obligation to respond in 6 whatever forum the -- the prosecution of your 7 clients or the persecution of your clients is taking 8 place. That's been a principle that I've applied 9 throughout my professional career. 10 Q. And you have an obligation to respond 15:49:42 11 truthfully when you make public statements? 12 A. Absolutely, right. 15:49:47 13 Q. The Code of Professional Responsibility of 15:49:48 14 the Bar of the State of Massachusetts requires you 15 to be truthful in making statements to third 16 parties, correct? 17 A. I'm fully aware of the Code of 15:49:58 18 Professional Responsibility. I've always complied 19 with it. I've never violated it, and I wish I could 20 say the same for your clients, but I can't. 21 Q. As you sit here today, knowing that more 15:50:07 22 than 30 underage women have come forward to report 23 that your friend, Jeffrey Epstein, paid them for sex 24 and that he pled guilty to procuring underage girls 25 for prostitution, and that he paid very large sums EFTA00601303
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151 1 of money to settle their civil claims against him, 2 do you still insist that he had not engaged in sex 3 or erotic massages with any minors? 4 A. As I told you 15:50:45 5 MR. WEINBERG: I would like to register an 15:50:46 6 objection -- 7 MR. SCOTT: Wait a minute. 15:50:46 8 MR. WEINBERG: -- to the extent that your 15:50:46 9 opinion -- 10 THE COURT REPORTER: I'm sorry, I can't 15:50:46 11 hear the gentleman. 12 MR. SCAROLA: We're going to -- we're 15:50:52 13 going to object to more than one lawyer -- 14 MR. SCOTT: He's representing Epstein, 15:50:57 15 just like she represents Boies. 16 MR. SCAROLA: That's fine. 15:51:01 17 MR. SCOTT: This is -- this is Epstein's 15:51:02 18 lawyer. And they have attorney-client relation 19 there, so -- 20 MR. SCAROLA: Yeah, is there some 15:51:12 21 volume -- 22 THE WITNESS: Go ahead, Marty. 15:51:13 23 MR. WEINBERG: The -- the objection is to 15:51:16 24 the extent the question requires you to rely on 25 information you learned as a result of your EFTA00601304
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152 1 attorney-client communications, representation 2 of Epstein, work product, I object. 3 BY MR. SCAROLA: 15:51:31 4 Q. Do you understand the question? 15:51:32 5 A. I understand the question and I understand 15:51:33 6 the objection. 7 Q. Yes, sir. And are you going to answer the 15:51:36 8 question? 9 THE WITNESS: Marty, you're the lawyer for 15:51:38 10 my client. Do you -- do you order me to answer 11 the question or not? 12 MR. WEINBERG: The client does not waive 15:51:46 13 any of the privileges; and, again, to the 14 extent you're required to rely on what you 15 learned as a result of your professional legal 16 relationship with Epstein, your representation 17 of him in any of -- any of his legal cases, I 18 object and would instruct you to the extent you 19 will accept an instruction from your client's 20 lawyer not to answer. 21 BY MR. SCAROLA: 15:52:11 22 Q. Mr. Dershowitz, you know -- I assume 15:52:12 23 you're going to follow the instruction, correct? 24 MR. SCOTT: Yes, you're going to follow 15:52:15 25 the instruction. EFTA00601305
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153 1 A. I am going to follow the instruction. I 15:52:16 2 have no choice. He's my client. 3 BY MR. SCAROLA: 15:52:19 4 Q. I assume you know from sources entirely 15:52:20 5 independent of anything that Jeffrey Epstein told 6 you, from sources entirely independent of attorney 7 work product privileged information, that Jeffrey 8 Epstein is guilty of being a serial child molester, 9 right? 10 A. Absolutely not. Absolutely not. 15:52:37 11 Q. You don't know independent of those 15:52:39 12 sources? 13 A. Not only -- no, I don't know that 15:52:41 14 independent -- 15 Q. Okay. Thank you. 15:52:43 16 A. -- of those sources. Of course not. 15:52:43 17 Q. You know that he pled guilty to sexual 15:52:45 18 abuse of minors, correct? 19 A. Could you tell me exactly what he pleaded 15:52:54 20 guilty to so I can answer that question? 21 Q. Well, do you know? You represented him 15:52:58 22 during the period of time that he was under -- that 23 he was -- that he was under criminal charges, didn't 24 you? 25 MR. SCOTT: So you're withdrawing the 15:53:06 EFTA00601306
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154 1 prior question; you're now asking this 2 question? Okay. 3 MR. SCAROLA: That's correct, I'm 15:53:09 4 asking -- 5 A. So I represented him 15:53:10 6 MR. SCAROLA: -- this question. 15:53:10 7 A. I represented him first in Palm Beach 15:53:11 8 County, and at that point, he had been prepared to 9 plead guilty to, I think, one count -- 10 MR. WEINBERG: Alan, I'm sorry. This is 15:53:24 11 again, going right into the work that you did 12 for him as his lawyer and I instruct you not to 13 answer. 14 MR. SCOTT: That's it then, follow his -- 15:53:32 15 as your attorney, I'm telling you to follow the 16 lawyer's advice. 17 THE WITNESS: Uh-huh. 15:53:36 18 BY MR. SCAROLA: 15:53:37 19 Q. You are aware that on October 20, 2005, 15:53:37 20 the Palm Beach police department executed a search 21 warrant on Jeffrey Epstein's Palm Beach mansion, 22 correct? 23 A. I'm not aware of that, no. 15:53:45 24 Q. You didn't know that? 15:53:46 25 A. I don't know that as I stand here today 15:53:48 EFTA00601307
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155 1 what date or when -- 2 Q. Do you know that a search warrant was 15:53:52 3 executed? 4 A. I recall -- 15:53:54 5 MR. WEINBERG: Again, the objection is if 15:53:55 6 you only know it as a result of your legal 7 representation of Mr. Epstein, I object to your 8 answering on that basis. If you know it from 9 independent sources, then I have no objection. 10 A. I do not know it from independent sources. 15:54:08 11 BY MR. SCAROLA: 15:54:10 12 Q. You know it from having read a very 15:54:11 13 lengthy Palm Beach police department investigative 14 report, don't you? 15 MR. SCOTT: Objection. 15:54:19 16 MR. WEINBERG: And I object If you read 15:54:20 17 it in the context of providing legal 18 representation to Jeffrey Epstein, it's 19 attorney-client, it's work product, and it's 20 the same objection. 21 THE WITNESS: Let me put on the record, 15:54:31 22 too, that I'm happy to answer any of these 23 questions if I were permitted to do so because 24 they're all exculpatory of me, but I must obey 25 my lawyer -- the lawyer's instructions. EFTA00601308
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156 1 MR. SCAROLA: And it is my suggestion that 15:54:43 2 the statement that the answers would be 3 exculpatory is a waiver of any privilege that 4 might attach, particularly with regard to work 5 product, which is not Jeffrey Epstein's 6 privilege, but if it exists at all, is Alan 7 Dershowitz's privilege. 8 MR. SCOTT: We obviously don't agree with 15:55:01 9 that. 10 BY MR. SCAROLA: 15:55:03 11 Q. Do you agree, Mr. Dershowitz, that 15:55:04 12 deciding the issues in this case will depend on 13 evaluating not only credibility 14 but your credibility as well? 15 MR. SCOTT: Objection, legal conclusion, 15:55:14 16 not relevant here. 17 A. I think that I can prove my complete 15:55:17 18 innocence and the fact that -- that 19 made up the story out of whole cloth without my 20 credibility being at issue, but I'm perfectly happy 21 to put my credibility at issue because I am telling 22 the blue absolute truth about everything regarding 23 • 24 BY MR. SCAROLA: 15:55:39 25 Q. One way to evaluate credibility is to 15:55:40 EFTA00601309
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157 1 compare an individual's statements with available 2 documentary evidence, correct? 3 A. That's too broad a question. Depending on 15:55:48 4 what the documentary evidence could be. Documentary 5 could be lies. Documents contain lies and oral 6 statements contain truth. So, no, I don't think 7 that's a particularly good way. It depends on the 8 nature of the document. 9 For example, videotape would be very good. 15:56:04 10 If you had a videotape that in some way supported 11 ' statements and it undercut what I 12 said, that would be fine. That's why from day one 13 I've asked to have if there are any videotape shown 14 or any photographs because I know what happened. I 15 know that I never had any contact, any sexual 16 contact, any improper contact with 17 And I know, therefore, that there cannot 15:56:27 18 be any evidence that contradicts that because you 19 can't simply make up facts. So I am telling you the 20 absolute truth. 21 Q. You also know that all of the videotapes 15:56:37 22 that were taken through surveillance cameras 23 throughout Jeffrey Epstein's home were destroyed, 24 don't you? 25 A. Of course I don't know that. 15:56:47 EFTA00601310
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158 1 Q. You don't know? 15:56:48 2 A. Of course not. 15:56:49 3 Q. So you didn't read the police reports 15:56:50 4 then? 5 MR. SCOTT: Objection. Mr. Epstein, do 15:56:52 6 you want him to answer that question? 7 MR. SIMPSON: Mr. Weinberg. 15:56:59 8 MR. SCOTT: Mr. Weinberg? 15:57:00 9 MR. WEINBERG: It's the same objection. 15:57:00 10 If you learned it as a result of the -- or in 11 the context of legal representation and while 12 providing legal counsel to Jeffrey Epstein, I 13 object. 14 MR. SCOTT: Based on this lawyer's 15:57:12 15 position, your client's lawyer's position, if 16 any of your answers involve that what he's 17 saying, I don't want you to answer them, okay? 18 THE WITNESS: The only thing I can say 15:57:21 19 that doesn't -- 20 MR. SIMPSON: Alan -- 15:57:23 21 MR. SCOTT: There's no question. 15:57:23 22 A. That doesn't involve. 15:57:24 23 MR. SCOTT: There's no question. 15:57:25 24 THE WITNESS: Oh, there's no question. 15:57:26 25 Sorry. EFTA00601311
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159 1 BY MR. SCAROLA: 15:57:28 2 Q. You have stated publicly repeatedly that 15:57:29 3 the airplane manifests will exonerate you, correct? 4 A. I have stated publicly that the airplane 15:57:35 5 manifest, the one that I have seen, do not show me 6 on any of Jeffrey Epstein's airplanes in the 7 relevant period of time, which I define as the 8 summer of 1999 through the summer of 2002, number 1. 9 Number 2, that none of the airplane 15:57:52 10 manifests will show me on the same plane with 11 • 12 And 3, that none of the manifests will 15:58:01 13 show me on an airplane with Jeffrey Epstein and any 14 underage girls that were at least visible in the 15 passenger part of the airplane. 16 Q. Well, that raises an interesting point, 15:58:13 17 Mr. Dershowitz. Tell us about the interior -- 18 A. Why is it interesting? 15:58:16 19 Q. -- of that plane. 15:58:18 20 THE COURT REPORTER: I'm sorry, I didn't 15:58:18 21 hear your question. 22 BY MR. SCAROLA: 15:58:18 23 Q. That raises an interesting point. Tell us 15:58:20 24 about that the interior of that plane. 25 A. My recollection is the plane was a 15:58:24 EFTA00601312
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160 1 Gulfstream IV. That it had a cabin that seated 2 approximately one, two, three, four -- maybe ten -- 3 ten people. It had mostly seats -- I used to sit in 4 the seat facing backward, that's the way I prefer to 5 fly. 6 And in the back of the plane there was a 15:58:52 7 toilet, a place to serve food. And a couch that 8 served as a seat with seat belts for maybe two or 9 three additional people. But I never saw the 10 plane -- the only time I ever saw the plane filled 11 to capacity was when I went down to watch a launch 12 of a satellite -- 13 Q. Does that have -- 15:59:19 14 A. -- to outer space. 15:59:20 15 Q. anything to do with the configuration 15:59:20 16 of the interior of the plane? 17 A. Yes. Yes, I'm telling you that I've 15:59:25 18 mostly seen it only with four or five people. The 19 only time I've seen the couch 20 Q. Did I ask you how many people 15:59:29 21 MR. SCOTT: Well, you're interrupting -- 15:59:30 22 BY MR. SCAROLA: 15:59:31 23 Q. -- were in the plane at the time I asked 15:59:32 24 you what the configuration of the cabin was, 25 Mr. Dershowitz? EFTA00601313