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MR. LINK: -- which is what this Court 
said yesterday we would focus on. 
THE COURT: All I'm prepared to do today 
are these yellow or blue amendments to the 
exhibit list. 
MR. LINK: Yes, sir. 
THE COURT: Is that what you're talking 
about? 
MR. LINK: Yes, sir. That's what you said 
yesterday, so I just wanted to make sure we 
were on the same page, because that's the 
motion --
THE COURT: That's what I'm doing today 
until the noon hour. 
MR. LINK: Great. Thank you, Your Honor. 
MR. SCAROLA: And there is a threshold 
Binger issue, which my presentation addresses 
that I provided to opposing counsel but have 
not yet given to Your Honor. I can give it to 
Your Honor now, if you'd like. 
THE COURT: Sure. Thank you. 
MR. SCAROLA: Thank you, sir. 
THE COURT: All right. 
MR. LINK: All right, are you ready, sir? 
THE COURT: Yes, I am. 
Palm Beach Reporting Service, Inc. 
EFTA00804591

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MR. LINK: Okay. Your Honor, I believe 
there are two reasons why our motion should be 
granted. One, I believe that our supplemental 
exhibit list is in compliance with this Court's 
order, and the order that I'm talking about, 
Your Honor -- just left me. Hang on. It was 
over here. There we go. 
The order we're talking about is the 
July 20th, 2017 order. That's the order that 
set this case in December of last year, and 
Your Honor moved that trial to March based on 
our motion for a continuance when my law firm 
came in and based on -- Your Honor's actual 
ruling was that there were so many, 
essentially, pretrial motions that required 
days to get through that would either shorten 
or lengthen the trial. 
And -- Your Honor, may I approach? 
THE COURT: Sure. 
MR. LINK: This is a copy of the order, 
and I believe that what we have done is in 
compliance with this Court's order. 
The second basis -- and we're going to 
walk through the order. The second basis is 
that, as Mr. Scarola said, using a Binger 
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EFTA00804592

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analysis, if we were not in compliance with the 
Court's order, these supplemental exhibits 
should be allowed because there is, in fact, no 
prejudice to the plaintiff in this case in 
letting them come in. 
THE COURT: The actual line of the uniform 
order is "use of the exhibit or witness may be 
allowed by the Court for good cause shown or to 
prevent manifest injustice." And that is as it 
relates to any exhibits provided after the 
pretrial conference or the conference wherein 
the parties are to prepare a pretrial 
stipulation. 
MR. LINK: Yes, sir. 
THE COURT: And, essentially, after the --
the witness lists have been, and exhibit lists 
have already been disclosed. 
MR. LINK: That is correct, Your Honor. 
Except that your order in July 2017 allows the 
parties to amend certain provisions of it 
without the Court's permission. One of those 
provisions, which is in -- is on page 3 under 
paragraph G, is that the pretrial stipulation 
allows the parties to supplement. 
And here, what happened is we -- I'd like 
Palm Beach Reporting Service, Inc. 
EFTA00804593

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to walk the Court through the timeline to see. 
You entered the order, the parties were 
complying with it. Okay? You've got exhibit 
lists, you've got witness lists coming in, and 
Mr. Scarola files a unilateral pretrial stip, 
and that unilateral pretrial stip is very 
important because it shows the difference, Your 
Honor, in what Mr. Scarola --
May I approach and hand the Court --
THE COURT: Sure. 
MR. LINK: What Mr. Scarola intended was 
to follow this Court's order without exception, 
which would have meant that there could be no 
additional exhibits. 
So Mr. Scarola's unilateral pretrial 
stipulation contains no language that allows 
the parties to supplement their exhibit list. 
The pretrial stipulation that Mr. Scarola and I 
negotiated --
May I approach again, Your Honor? 
THE COURT: Thank you. 
MR. LINK: -- you will see is very 
different. It changes that provision 
dramatically. 
And if Your Honor will turn in to the 
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EFTA00804594

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pretrial stip, which is at the beginning on 
page 12. 
THE COURT: Okay. 
MR. LINK: There's a material change to 
the unilateral pretrial stipulation. The 
parties agree --
THE COURT: Hold on just a moment. 
MR. LINK: Yes, sir. 
THE COURT: It's on exhibit lists, 
paragraph D? 
MR. LINK: Yes, sir. 
THE COURT: All right. 
MR. LINK: So if you compare the language 
that we negotiated verse the language in the 
unilateral, you will see that the parties do 
not waive their right to amend their exhibit 
list. That's a substantial negotiated change 
between counsel for the parties. 
Your Honor, I know we talked about this a 
few months ago, and you brought up Chief Judge 
Melanie May's opinion, and there's also, at the 
time, Chief Judge Cory Ciklin's opinion, where 
they both say that where the parties agree in a 
pretrial stipulation, that should be enforced. 
It is the most important tool for getting 
Palm Beach Reporting Service, Inc. 
EFTA00804595

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ready for trial. You can waive issues, you set 
the facts to be determined or not determined, 
and you can, as your court order permitted back 
in July, agree to deviate from the exhibit 
provisions of the standard pretrial order. And 
we did. And, in fact, we both did. 
Mr. Edwards, after the date passed for 
exhibit lists, filed amended exhibit lists. 
And we didn't object, because that's what we 
agreed to. We filed amended exhibit lists. 
They filed a second amended exhibit list. So 
that the parties, consistent with their 
negotiated agreement in the pretrial stip, 
abided by it, both of us, Your Honor, and filed 
amended exhibit disclosure and witness lists 
pursuant to the pretrial stipulation. 
Second, if you take a look in Tab A of the 
pretrial stipulation, you'll see there's 
Bradley Edwards' witness list, I'm sorry, 
exhibit list. If you look at page 15, you will 
see that Mr. Scarola included ten catchalls. 
The next exhibit list is mine, that has, I 
think, nine catchalls. So both sides, in 
conjunction with our stipulated pretrial, 
amended exhibit lists, and we both included 
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EFTA00804596

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catchalls. 
And I know that one of Mr. Scarola's 
biggest complaints about our exhibit list was 
that, Oh, my goodness, Mr. Link had catchalls. 
We both did, Your Honor. Whether that makes it 
right, I'm not saying. But I'm telling you 
it's what the parties did consistent with what 
we negotiated. 
If you look at, Your Honor, Tab B, which 
is our exhibit list with our nine catchalls, 
you'll see on page 22 another sentence 
incorporated in our exhibit list that says, 
"Plaintiff/Counter-Defendant reserves his right 
to supplement this exhibit list." Again, 
consistent with what we negotiated in the 
pretrial stipulation. 
I don't believe that Your Honor has to go 
to the Binger analysis where the parties, by 
agreement, agree that you can supplement the 
exhibit list. There is 
THE COURT: Isn't this a little different 
than what you were telling me yesterday I 
should do? I have to employ the Binger 
analysis? 
MR. LINK: You have to employ the Binger 
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EFTA00804597

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analysis, Your Honor, I believe for the 
47 exhibits that we're going to get to at some 
point. Because, those exhibits, once you go 
through the in camera inspection, I think 
were -- they could fall within this exhibit 
list. And maybe you don't have to do Binger, 
it's possible. But I've always thought of 
those as different exhibits, frankly. 
The exhibits that we're talking about now, 
if the Court finds that our pretrial 
stipulation does not govern our ability to 
amend exhibit lists, and we are then dealing 
with the issue of, okay, if we didn't comply 
with the Court's order, can we get them in 
anyway, that's a very simple Binger analysis, 
that, as this Court well knows, just requires 
you, mandates that you do the prejudice 
analysis. 
I'm suggesting as the first basis, and I 
will now get to the second basis, that you need 
not conduct Binger based on the parties' 
agreement. 
Now, in talking about Binger -- in talking 
about Binger, Your Honor, there are three 
categories of documents that are listed on our 
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EFTA00804598

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exhibit list that this Court struck before the 
March hearing. And Your Honor's ruling was, 
essentially, we're starting trial on a Monday, 
there were -- I can tell you the numbers, 
because we reduced it greatly. 
There were 360 different items, 700 
different items, we have reduced that greatly 
on our exhibit list. You've seen the ones, 
we've cut them out and gone right to the core. 
So in looking at the Binger analysis, there are 
three categories. 
Category number one are emails that are 
from Brad Edwards and his team at the Rothstein 
firm, which they voluntarily produced, which 
are not the 47 on the privileged log, and which 
they can have no prejudice to because they were 
written or received by Mr. Edwards. There is 
no need to redepose Mr. Edwards by Mr. Scarola, 
because he never did depose him. I deposed 
him. 
He has his clients, he can talk to his 
client about the emails. There is simply 
nothing that needs to be done as it relates to 
those emails. 
So, for example, if Your Honor -- with 
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EFTA00804599

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Your Honor's permission we have a book with all 
of these exhibits, and I'd just like to show 
you a few examples --
THE COURT: Okay. 
MR. LINK: -- if I might. 
May I approach, Judge? 
THE COURT: Yes. 
MR. LINK: Thank you, sir. I know I'm 
loading you with paper, but... 
THE COURT: I really don't know what you 
think I'm going to be able to do with these 
thousands of documents that you're handing me 
now, but I'll do the best I can. 
MR. LINK: Yes, sir. I'm going to take 
you to specific ones, so we can talk about 
them. 
THE COURT: I'm just looking for something 
here. 
MR. LINK: Is this okay to sit right here? 
Can you reach it, Judge? 
THE COURT: Yes, thank you. 
Okay. Go ahead. 
MS. ROCKENBACH: May I approach, Your 
Honor, just to --
MR. LINK: Tab 211. 
Palm Beach Reporting Service, Inc. 
EFTA00804600

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THE COURT: Okay. Thank you. 
MR. LINK: So this is an example of one 
category of the exhibits that were listed. And 
this is an email --
THE COURT: What number is this? 
MR. LINK: Tab 211. 
THE COURT: I have that, but I'm talking 
about what numbered exhibit are we talking 
about corresponds --
MR. LINK: That's it, 211. 
THE COURT: 211? 
MR. LINK: Yes, sir. 
THE COURT: Thank you. I'm sorry. I 
didn't realize that they correlated. 
All right, thank you. 
MR. LINK: Yes, sir. This is an email, 
and if you will start at the bottom, it's an 
email from Scott Rothstein to all staff telling 
them that he's available to come talk to. And 
you will see at the top there's an email from 
Mr. Edwards to Russell Adler where he says, 
"Mr. Edwards, do you want me to go talk to 
him," meaning Rothstein, "about our Epstein 
information today, or do you want to also be 
involved and set up some other time?" So one 
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EFTA00804601

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of the issues in this case is Mr. Rothstein's 
involvement in the Epstein cases, that's one. 
Two, under -- see, if I do this right, for 
my appellate lawyer -- 90.608, Mr. Edwards 
testified in his deposition, Your Honor, that 
he spoke to Mr. Rothstein, he believed, on two 
brief occasions, one in a restaurant in passing 
where Mr. Rothstein said "Go get them," and 
then he really had no -- Mr. Rothstein had no 
involvement in the case, and Mr. Edwards had no 
involvement with Mr. Rothstein. 
This exhibit, among others, that we'll get 
to when we get to the 47, go to credibility of 
whether that testimony is true and what 
involvement Mr. Rothstein had. 
The second category -- sorry, Your 
Honor -- let Your Honor finish reading. I was 
going a little quick. 
THE COURT: No, that's fine. 
MR. LINK: The second category of 
exhibits, if you turn to page 27 of the yellow 
and blue. These are in yellow, Your Honor. 
THE COURT: Okay. I'm with you. 
MR. LINK: This category has to do with 
public records of Mr. Edwards' three clients. 
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One of the issues now in this case, and I 
want to make sure the Court understands the 
timing, in November, the end of November, you 
might remember, we had two days of hearing 
where this Court made rulings that 
significantly changed how both sides were going 
to try the case. And one of the rulings that 
this Court made was that Mr. Edwards would be 
able to get on the stand and talk about his 
three clients and how strong their cases were. 
The public information that we found, we 
started gathering after this hearing. We did 
not look for it before. After this Court's 
ruling, we did public record searches and found 
information about the three clients of 
Mr. Edwards, so that we would be prepared to 
cross-examine him when he gets on the stand and 
if he, in fact, says, 
MR. SCAROLA: Excuse me. May I request 
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that we try to deal with these issues one at a 
time? Just looking at the volume of materials, 
it's going to be very difficult for me, and I 
suggest probably for the Court, as well, to 
keep track of each of the arguments, and it 
would be better if we address them in the order 
in which they're made. 
THE COURT: All right. Well, let me -- go 
ahead and finish this. There's only one email 
thus far that's been identified, I presume to 
be at issue here today in that chain, but... 
MR. LINK: Yes. I was providing that 
simply --
THE COURT: You wanted to move on to this 
because --
MR. LINK: I want to cover the broad 
topics. I assume at some point, Your Honor, 
you may want to go through this book and look 
at it. I didn't think in an hour and a half we 
could cover every exhibit, so I want to give 
you my broad argument and some examples as part 
of my presentation. 
THE COURT: All right. 
MR. LINK: Okay? So if you turn to Tab 56 
in the big -- I'm sorry, in the big binder of 
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EFTA00804604

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exhibits --
MR. VITALE: Which tab was that? 
MR. LINK: 56. 
THE COURT: All right. Yes, sir. 
MR. LINK: You'll see this is an FBI 
investigation or recording of a statement from 
one of Mr. Edwards' clients. And one of the 
things that Mr. Edwards, I believe, is going to 
say -- I mean, honestly, Judge, I don't know 
what I'll use until he gets on the stand, for 
purposes of cross-examination. One of the 
things he said is that Mr. Epstein is 
responsible for -- these are strong cases 
because he's responsible for all their anxiety 
and troubles. 
And if you look at the third paragraph, 
she tells the FBI in 
life was 
not going well during the time she was 
providing Epstein with massages. She was 
buying and taking drugs: Xanax, Lorcets, 
Percocets. She stayed on pills, explained she 
wanted to feel numb, 
Palm Beach Reporting Service, Inc. 
EFTA00804605

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There are 
multiple criminal records for all three of 
Mr. Edwards' clients. There are multiple 
criminal records, some of them have done time, 
some have been in drug rehab. One is an arrest 
record for one of Mr. Edwards' clients where 
All of these exhibits, Your Honor, go to 
the strength that Mr. Edwards wants to get on 
the stand and tell the jury, that that's why 
there was not probable cause. These three 
clients of his cases were strong. 
You will remember the sentence in the 
complaint that they focused on, and we had a 
long discussion about this, because our view is 
that you are not allowed in a malicious 
prosecution action to cherry-pick a sentence. 
Palm Beach Reporting Service, Inc. 
EFTA00804606

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You have to look at the time the complaint was 
filed, what was known at that time. The 
litigation privilege covers every sentence in 
the complaint, otherwise, in every case we 
would be flyspecking allegations to find the 
one we couldn't prove to bring a malicious 
prosecution action. 
But the ruling this Court made, based on 
this sentence that Mr. Scarola showed you, 
which was that the Rothstein and litigation 
team should have known that their three filed 
cases were weak and had minimal value. Your 
Honor ruled, at the end of November, that 
Mr. Edwards could get on the stand and explain 
that the cases were not weak, they were strong. 
So this information that we have found and 
have asked to add to the exhibit list goes 
directly to the issue they injected into this 
litigation, and this Court said they could 
testify to, and because it's in the public 
records under Binger, it can't cause prejudice. 
THE COURT: Well, how much is in the 
public record? 
MR. LINK: A lot. 
THE COURT: For example, this FBI 
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EFTA00804607

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investigation, would -- I don't know if it's in 
the public record because of the redactions 
here, and... 
MR. LINK: The arrest record --
THE COURT: For example --
MR. LINK: Yeah, the arrest records that 
I'm talking about, I'll show you are in the 
public record. And we can look at those. 
If you turn to tab, for example, 446 in 
the big book... 
THE COURT: Okay. 
MR. LINK: And you look, flip through a 
few pages, a few of those exhibits. 
MR. SCAROLA: I'm sorry, which tab, 
Counsel? 
MR. LINK: 446. 
MR. SCAROLA: Thank you. 
MR. LINK: And you look at the next few 
exhibits. 
THE COURT: These are photographs? 
MR. LINK: Yes, sir. The photographs, 
they're on the Internet, of two of Mr. Edwards' 
clients. 
THE COURT: Okay. The photographs of 
these young women in bikinis, T-shirts --
Palm Beach Reporting Service, Inc. 
EFTA00804608

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MR. LINK: Shirtless. 
THE COURT: Well, shirtless, but with --
MR. LINK: With coverup, yes, sir. 
THE COURT: -- something covering up their 
private areas. Okay. 
MR. LINK: If you turn to Tab 462, you'll 
find the public arrest record that I was 
describing of one of Mr. Edwards' clients 
THE COURT: I presume this is when this 
person was an adult. 
MR. LINK: Well, this was in 1988, this 
one, in particular. 
There are arrest records in here, and 
incident reports, from when some of 
THE COURT: Okay. Well, let's --
MR. LINK: So this is the one --
THE COURT: Let's not skip around. And I 
understand that you're trying your best to use 
the time in an efficient manner, but as I said, 
I don't know who this -- well, I guess I do 
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EFTA00804609

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know, this is 
it's given as the last 
MR. LINK: This is 
for the way we 
refer to it. But you'll see her names as out 
in the public record. 
THE COURT: All right. And it's 
is the date of birth, the arrest --
MR. LINK: 
THE COURT: Okay. The date of birth is 
■ 
and I thought I heard it was in
 is 
when --
MR. LINK: I think your math is right. 
MR. LINK: I believe your math is right. 
THE COURT: Okay. 
MR. LINK: And this is the paragraph I 
wanted to show the Court that I was describing 
Palm Beach Reporting Service, Inc. 
EFTA00804610