| --- |
| title: "House Oversight: Estate Documents (Nov 12) (HOUSE_OVERSIGHT_015650)" |
| source: "House Oversight: Estate Documents (Nov 12)" |
| sourceUrl: "https://oversight.house.gov" |
| date: "2026-01-01" |
| category: "House Oversight" |
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| externalLicense: "US Government work (public domain, 17 U.S.C. sec. 105)" |
| externalCredit: "House Oversight Committee, official estate production" |
| externalUrl: "https://oversight.house.gov" |
| --- |
| |
| Filing # 37557658 E-Filed 02/08/2016 06:20:47 PM |
| IN THE CIRCUIT COURT OF THE 17th |
| JUDICIAL CIRCUIT IN AND FOR |
| BROWARD COUNTY, FLORIDA |
| CIVIL DIVISION |
| BRADLEY J. EDWARDS, and CASE NO. CACE 15-000072 |
| PAUL G. CASSELL, |
| v. |
| Plaintiffs, |
| ALAN DERSHOWITZ, |
| Defendant. |
| / |
| RESPONSE TO DEFENDANT ALAN DERSHOWITZ’S MOTION FOR |
| CLARIFICATION OF CONFIDENTIALITY ORDER OR RELIEF FROM THAT ORDER |
| Non-Party Virginia Giuffre, by and through undersigned counsel, hereby responds to |
| Defendant Alan Dershowitz’s Motion for Clarification of Confidentiality Order or Relief From |
| that Order and states as follows: |
| FACTUAL BACKGROUND |
| On November 12, 2015 this Court issued an Order granting in part, non-party Virginia |
| Giuffre’s Motion to Quash the subpoena served by Defendant Alan Dershowitz and ordered |
| protective limits relating to her deposition. See Exhibit A, November 12, 2015 Order. On |
| December 18, 2016, this Court entered a Confidentiality Order holding that non-party Virginia |
| Giuffre’s deposition would be confidential. See Exhibit B, December 18, 2015 Confidentiality |
| Order. On January 16, 2016, Ms. Giuffre testified at her deposition in accordance with this |
| Court’s Order. The deposition was labelled confidential in accordance with this Court’s Order. |
| As the Court knows, Ms. Giuffre was a victim of sexual trafficking when she was a minor child. |
| Indeed, the U.S. Attorney’s Office for the Southern District of Florida has specifically recognized |
| her as a “victim” of federal sex offenses. Unsurprisingly, her deposition contains highly sensitive |
| information about her experiences as a minor child, including detail descriptions of sexual crimes |
| committed against her. |
| ARGUMENT |
| 1. Non-Party Virginia Giuffre Agrees That Her Deposition Should Be Provided |
| Confidentially To Law Enforcement to Investigate All The Crimes Committed |
| Against Her |
| Defendant Dershowitz seeks to have the Court grant an exception to the confidential nature |
| of the deposition so that it can be provided to the Office of the State Attorney and the Office of the |
| United States Attorney for investigative purposes. Specifically, Defendant Dershowitz states in |
| his motion that he is hoping to have law enforcement investigate whether Ms. Giuffre committed |
| perjury by stating in her previously filed affidavit that it is her recollection that she witnessed |
| former President Bill Clinton on Jeffrey Epstein’s island in the United States Virgin Islands |
| (“USVI”) 1 . |
| Setting aside Defendant Dershowitz’s baseless claims of perjury, Ms. Giuffre agrees that |
| her confidential deposition should be provided to law enforcement, including the United States |
| Attorney and the State Attorney in each jurisdiction where any alleged crimes occurred so that |
| they may investigate all of the crimes committed against her when she was a minor child. To |
| ensure that justice is served and that Defendant Dershowitz’s request is not just another charade |
| designed only to bully a sexual abuse victim, Ms. Giuffre asks the Court to impose the following |
| reasonable conditions relating to the disclosure: |
| � |
| Mr. Dershowitz agrees and is directed to cooperate with authorities and answer all |
| questions relating to the investigation of crimes against Ms. Giuffre. |
| 1 Defendant Dershowitz conveniently ignores that publicly available flight logs of Jeffrey Epstein’s private |
| planes demonstrate that President Clinton travelled with Jeffrey Epstein and others to various locations |
| throughout the world including Europe, Africa and Asia. See Exhibit C, Excerpts of Flight Logs from |
| Jeffrey Epstein’s private plane. |
| 2 |
| � |
| � |
| � |
| � |
| Mr. Dershowitz agrees to make his client, Jeffrey Epstein, and others with relevant |
| testimony and with whom he has testified he shares a “common interest” – at least Epstein |
| and Maxwell – available to any law enforcement agency reviewing any alleged criminal |
| activities; or in the alternative, to attest to this Court that those necessary witnesses have |
| consented to full cooperation in the investigation Mr. Dershowitz is seeking permission to |
| initiate. |
| Mr. Dershowitz agrees to waive the statute of limitations in all jurisdictions for any |
| criminal conduct he participated in or was aware of relating to Ms. Giuffre so that law |
| enforcement can pursue any necessary charges. Defendant Dershowitz proclaimed that he |
| was willing to waive any statute of limitation for criminal conduct so this should not be an |
| issue. See Exhibit D, January 12, 2016 Deposition Transcript of Alan Dershowitz at 395. |
| “I had talked about the statute of limitations for criminal purpose was what I said, that I |
| would waive the statute of limitations for criminal purposes.” |
| Mr. Dershowitz agrees to provide the names and contact information for each State |
| Attorney and United States Attorney for which he has or is planning to provide |
| information relating to Ms. Giuffre; and agrees to jointly, with Ms. Giuffre’s counsel, |
| request that the State Attorney and United States Attorney, in the relevant jurisdictions, |
| investigate all potential criminal conduct. Both parties may provide any relevant |
| information they have that may assist the authorities with their investigation. |
| For all other purposes non-party Ms. Giuffre’s January 16, 2016 deposition transcript shall |
| remain confidential and sealed other than for confidential disclosure to law enforcement as |
| described above. |
| 2. Mr. Dershowitz Has No “Evidence” of Perjury And Instead Is Simply Trying To |
| Bully This Victim |
| As explained above, Defendant Dershowitz wrongly suggests to this Court that non-party |
| Virginia Giuffre has committed perjury in an effort to taint the Court against this victim. His only |
| “evidence” of this alleged perjury is a self-serving opinion from his retained expert that an |
| “absence of records” in response to a FOIA request, establishes that former President Clinton was |
| never on Jeffrey Epstein’s island in the USVI. Defendant Dershowitz misrepresents the |
| government’s response. The government is only required to conduct a reasonable search of |
| readily accessible records. Accordingly, an “absence of records” response does not mean that |
| records do not exist. It simply means that in the course of the search, no records were found. See |
| Cunningham v. U.S. Dept. of Justice, 961 F.Supp. 2d 226, 236 (D.C. 2013) (court reasoning that |
| “[t]he adequacy of a search is measured by a standard of reasonableness… The question is not |
| 3 |
| whether other responsive records may exist, but whether the search was adequate.”); Wilbur v. |
| C.I.A., 355 F.3d 675, 678 (D.C. 2004) (court explaining that “the agency’s failure to turn up a |
| particular document, or mere speculation that as yet uncovered documents might exist, does not |
| undermine the determination that the agency conducted an adequate search for the requested |
| records.”). Moreover, when dealing with a former President’s security detail travel, there are a |
| number of reasons why the government may not disclose those records. |
| As explained above, public flight records from Jeffrey Epstein’s private plane show that |
| President Clinton traveled with Jeffrey Epstein on multiple occasions. Nevertheless, if Defendant |
| Dershowitz wants to pursue this issue before the Court, then he needs to produce for deposition |
| testimony in this case and the proposed criminal investigation, the other witnesses that were |
| present on the island at the time former President Clinton was alleged to have visited, including |
| his client Jeffrey Epstein, and Ghislaine Maxwell, to whom he has testified he is party to a joint |
| defense agreement. It is worth noting on that point, that despite Mr. Epstein’s counsel’s |
| attendance at depositions in this case, and Defendant Dershowitz’s claim that Mr. Epstein is still |
| his client, Mr. Epstein has taken extreme measures to avoid being deposed in this case despite |
| being ordered to deposition by this Court. |
| Indeed, it is also noteworthy that during Defendant Dershowitz’s recent deposition, |
| counsel for Mr. Edwards and Mr. Cassell asked Defendant Dershowitz the following question: |
| “Was Virginia Roberts lying when she said Jeffrey Epstein socialized with Bill Clinton during the |
| relevant time period?” Depo Tr. Of Alan Dershowitz, Vol. 4, January 12, 2016 at 511. Before |
| Defendant Dershowitz could answer, Mr. Dershowitz’s legal counsel interposed an attorney-client |
| privilege objection. Id. Perhaps Mr. Epstein’s defense counsel can provide to the Court an |
| appropriate privilege log regarding that objection – and all the communications between Mr. |
| Epstein and Defendant Dershowitz that would have been revealed in answer to that question – so |
| that the Court will have the benefit of a full record in ruling on this motion. |
| 4 |
| CONCLUSION |
| WHEREFORE, Non-Party Virginia Giuffre respectfully requests that this Court allow a |
| limited release of her confidential deposition transcript to law enforcement subject to the terms set |
| forth above on pages 2-3. |
| Dated: February 8, 2016 |
| Respectfully submitted, |
| BOIES, SCHILLER & FLEXNER LLP |
| 401 East Las Olas Boulevard, Suite 1200 |
| Fort Lauderdale, Florida 33301 |
| Telephone: (954) 356-0011 |
| Facsimile: (954) 356-0022 |
| By: /s/Sigrid S. McCawley________________ |
| Sigrid S. McCawley, Esq. |
| Florida Bar No. 129305 |
| Attorney for Non-Party Virginia Giuffre |
| 5 |
| CERTIFICATE OF SERVICE |
| I HEREBY CERTIFY that on February 8, 2016, a true and correct copy of the foregoing |
| was served by Electronic Mail to the individuals identified below. |
| By:_/s/Sigrid S. McCawley_________ |
| Sigrid S. McCawley |
| Thomas E. Scott |
| Thomas.scott@csklegal.com |
| Steven R. Safra |
| Steven.safra@csklegal.com |
| COLE, SCOTT & KISSANE, P.A. |
| 9150 S. Dadeland Blvd., Suite 1400 |
| Miami, Florida 33156 |
| Renee.nail@csklegal.com |
| Shelly.zambo@csklegal.com |
| Jack Scarola |
| SEARCY DENNEY SCAROLA BARNHART |
| & SHIPLEY, P.A. |
| JSX@searcylaw.com |
| 2139 Palm Beach Lakes Blvd. |
| West Palm Beach, FL 33409-6601 |
| Attorney for Plaintiffs |
| Richard A. Simpson |
| rsimpson@wileyrein.com |
| Mary E. Borja |
| mborja@wileyrein.com |
| Ashley E. Eiler |
| aeiler@wileyrein.com |
| WILEY REIN, LLP |
| 1776 K Street NW |
| Washington, D.C. 20006 |
| Counsel for Defendant Alan Dershowitz |
| 6 |
|
|
