anyone who told you that they, that person, had

00:26:26 00:26:32 00:26:36 00:26:38 00:26:41 00:26:42 00:26:42 ON ah WH = 00:26:43 © 00:26:44 00:26:46 10 oozes 11 00:26:51 12 00:26:55 13 00:26:56 14 oozeso 15 oo2701 16 oo2ror 17 00:27:01 18 oo2707 19 00:27:15 20 ooze 24 overs 22 00:27:21 23 00:27:23 24 00:27:23 25 00:27:23 1 ooa723 «2 00:27:27 3 ooar27 «4 oo27:30 5 00:27:31 6 oo2ra1 7 coarse 8 oo273a7 | 9 00:27:40 10 oo27a1 14 00:27:44 12 oo27as 13 coarse 14 oo.27so 15 oo-arss 16 oo27s7 17 oo:2800 18 oo:28.01 19 oo2804 20 oo2808 24 oo2812 22 oo2814 23 00:28:17 24 00:28:20 25 10/20/2015 01:08:15 PM 180 anyone who told you that they, that person, had discussed the subject matter of Virginia Roberts's allegations against Professor Dershowitz with Mr. Josefsberg? Just did you discuss it with anyone? MR, SCAROLA: Same objection. Same instruction. MR. SIMPSON: Okay. MR. SCAROLA: If you want to rephrase the question to ask him whether he had such a conversation with anyone outside the attorney/client or work-product privilege, that's a question that we are obliged to answer. The question, as you phrased it, is a question that we are precluded from answering. MR. SIMPSON: That's a very strange notion of privilege. BY MR. SIMPSON: Q. But let me ask it this way: Did you discuss with anyone who is not an attorney -- let me rephrase it a different way. You testified yesterday about your understanding of the scope of the alleged common-interest privilege, correct? A. Yes. Q. Putting aside the people within the scope of ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 181 that privilege -- A. Yes. Q. -- that you identified -- A. Uh-huh. Q. -- your definition of it -- A. Right. That's right. Q. -~ did you discuss the topic -- did anyone tell you they had discussed the topic of Virginia Roberts's allegations against Professor Dershowitz with Mr. Josefsberg? MR. SCAROLA: You may not answer that question to the extent the question still encompasses attorney/client privileged communications. If you want to rephrase the question to exclude both common-interest privileged communications and attorney/client privileged communications, that's a question we are prepared to answer. Otherwise, we are prohibited from answering the question as phrased as a consequence of it encompassing privileged communications. MR. SIMPSON: As he defined the common-interest privileged group, it included attormey/client, but I think at this point the explanations you're providing aren't really ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 00:28:23 00:28:25, 00:28:27 00:28:29 00:28:31 00:28:33 00:28:38 ON Dah WD = 00:28:36 002839 9 00:28:42 10 oo2eas 14 oo2847 12 oozeso 13 00:28:50 14 oozes: 15 ooza62 16 oo2063 17 00:28:56 18 oo2838 19 oo:20.05 20 oo2e12 24 oozere 22 00.2920 23 00.2920 24 oo2920 25 00:29:20 00:29:22 00:29:27 00:28:33 00:29:35 00:29:40 00:29:46 ON Dar WH 00:29:47 © 00:29:48 oo2a4a 10 00:29:50 11 oo:3003 12 00:30:12 13 oo3015 14 cosets 15 oo3018 16 oso 17 00:30:20 18 oo3025 19 o0:3028 20 003031 21 oo3s031 22 00:30:31 23 002034 24 oo:30:34 25 182 helpful. So please just instruct him to answer or not answer, and we will let the judge decide. MR. SCAROLA: Well, the instruction -- I only gave the explanation in the hope that it might facilitate the examination and allow you to move to areas where you can get substantive information. I apologize if you consider it a waste of time. So I will simply instruct Professor Cassell not to answer the question as phrased. If you ever want an explanation as to the basis of my instruction, I'm prepared to give that to you. MR. SIMPSON: Thank you. That -- that's a helpful way to proceed. MR. SCAROLA: Okay. BY MR. SIMPSON: Q. Have you -- well, let's start this way: Have you discussed with any of the attorneys within what you described as the common-interest attorney/client group, whether that person had discussed with Mr. Josefsberg Virginia Roberts's allegations against Professor Dershowitz? MR. SCAROLA: Same objection. Same instruction, ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 183 BY MR. SIMPSON: Q. Have you discussed with anyone who is not an attorney for Miss Roberts whether -- strike that. Has anyone who is not an attorney for Miss Roberts told you that they had discussed with Mr. Josefsberg the allegations against -- by Virginia Roberts against Professor Dershowitz? MR. SCAROLA: Same objection. Same instruction. BY MR. SIMPSON: Q. Have you personally spoken with anyone else at Mr. Josefsberg's firm, other than him, about Virginia Roberts's allegations against Professor Dershowitz? A. Not to my knowledge. MS. McCAWLEY: I'm sorry. I'm sorry. Can you read that back? MR. SCAROLA: Was a communication with anyone else in Bob Josefsberg -- Bob Josefsberg's firm, personal communication between Professor Cassell and any firm member of Bob Josefsberg. MS. McCAWLEY: Okay. BY MR, SIMPSON: Q. And the answer was, not that you recall? A. Not to my knowledge. I don't know all the members of his firm, but I certainly have no ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 Page 180 to 183 of 335 8 of 46 sheets HOUSE_OVERSIGHT_010848