Court Records
Filing # 158593126 E-Filed 10/04/2022 05:27:21 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CA FLORIDA HOLDINGS, LLC,
Publisher of THE PALM BEACH POST,
Plaintiff,
v.
DAVE ARONBERG, as State Attorney of
Palm Beach County, Florida; SHARON R.
BOCK, as Clerk and Comptroller of Palm
Beach County, Florida.
Defendants.
CASE NO.: 50-2019-CA-01468 I -XXXX-MB
DIVISION: AG
Go
JOINT NOTICE OF FILING SEPTEMBER 2 SEPTEMBER 8. 2022 SEPTEMBER
OF HEAR EEDINGS
\Plaintiff, CA Florida Holdings, LLC " a i , publisher of The Palm Beach Post, and (cc of
Defendant, Dave Aronberg, as State ey Palm Beach County, Florida ("Defendant")
(collectively, the "Parties"), by t undersigned counsel, and pursuant to the Court's
instructions at the conclusion earing, hereby files the attached transcripts from the
r 2September 6 and Septem 022 hearing proceedings on Defendant's Amended Motion for
(S ,Attorneys' Fees. t
Respectful! Sued,
Is/ Laure hetstone
LAUREN WHETSTONE
Florida Bar No. 45192
MARK F. BIDEAU
Florida Bar No. 564044
GREENBERG TRAURIG, P.A.
777 South Flagler Drive, Suite 300 East
West Palm Beach, FL 33401
IilDou Las A. W
ARTHUR I.
Florida Bar No. 10249
RICHARD J. SCHOLZ
Florida Bar No. 0021261
DOUGLAS A. WYLER
Florida Bar No. 119979
SCNOLZ & WYLER, LLC
961687 Gateway Blvd., Suite 201-I
*** FILED: PALM BEACH COUNTY, FL ABRUZZO, CLERK. 10/04/2022 05:27:21 PM ***
EFTA02734651
Tel.: [Phone Redacted]
[Email Redacted]
bideaumagtlaw.com
sandra.famadasAztlaw.com
[Email Redacted]
[Email Redacted]
STEPHEN A. MENDELSOHN
Florida Bar No. 849324
GREENBERG TRAURIG, P.A.
401 East Las Olas Boulevard, Suite 2000
Fort Lauderdale, FL 33301
Tel.: [Phone Redacted]
[Email Redacted]
smithl®gtlaw.com
MICHAEL .1. GRYGIEL
(Admitted Pro Hac Vice)
GREENBERG TRAURIG, LLP
54 State Street, 6th Floor
Albany, NY 12207
Tel.: [Phone Redacted]
grvizielmAgtlaw.coin
NINA D. BOYAJIAN
(Admitted Pro Hac Vice)
GREENBERG TRAURIG, LLP
1840 Century Park East, Suite
Los Angeles, CA 90067
Tel.: [Phone Redacted]
t ilbovaiiannQatlaw.com \ e
riveraal law.co
Counsel for P
Publisher o
'se '
Florida Holdings, LLC,
lm Beach Post
Fernandina Beach, FL 32034
Tel.: [Phone Redacted]
iacobsscholzlawecomcast.net
Counsel for Defendant Dave Aronberg, as
State Attorney for Palm Beach County,
Florida
A Co's
2
EFTA02734652
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing has been
electronically filed with the Florida E-File Portal for e-service on all parties of record herein on
this 4th day of October, 2022.
Is/ Lauren Whetstone
Lauren Whetstone
O
3
EFTA02734653
CA Florida Holdings, L.L.C.
vs.
461
C ArDave Aronberg
oN Hearing B
Judge L gado
Sep 06, 2022
EFTA02734654
Judge Luis Delgado
September 06, 2022
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 50-2019-CA-014681-XXXX-MB AG
CA FLORIDA HOLDINGS, LLC,
Publisher of the PALM BEACH POST,
Plaintiff,
VS.
DAVE ARONBERG, as State Attorney
of Palm Beach County, Florida;
SHARON R. BOCK, as Clerk and
Comptroller of Palm Beach County,
Florida,
Defendants.
TRANSCRIP
PROC
?Sv
ARING
cos
RE: Defendant nberg's Amended Motion for
Attorneys' Fe
DAT KSSEN: Tuesday, September 6, 2022
T 1:42 p.m. - 4:53 p.m.
PALM BEACH COUNTY COURTHOUSE
*
205 North Dixie Highway
Courtroom 10D
West Palm Beach, Florida 33401
EFORE: LUIS DELGADO, JR., Circuit Judge
Stenographically reported by:
Lisa Begley, RPR, RMR
270569
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([Phone Redacted]
EFTA02734655
Judge Luis Delgado
September 06, 2022
1 APPEARANCES:
2 On behalf of the Plaintiff:
GREENBERG TRAURIG
3 777 South Flagler Drive
Suite 300 East
4 West Palm Beach, Florida 33401
[Phone Redacted]
5 BY: LAUREN R. WHETSTONE, ESQ.
[Email Redacted]
6 MARK F. BIDEAU, ESQ.
[Email Redacted]
7 GERARD BUITRAGO, ESQ.
[Email Redacted]
8
On behalf of Defendant, Dave Aronberg:
9 JACOB, SCHOLZ & WYLER, LLC
961687 Gateway Boulevard
10 Suite 2011
Fernandina Beach, Florida 3203x.
11 [Phone Redacted]
BY: DOUGLAS A. WYLER,
12 [Email Redacted]
13 Also present: Dave Aro ate Attorney
Defendant
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C /C)*16
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Judge Luis Delgado
September 06, 2022
1 INDEX
2
3 Opening Statement
By Mr. Wyler
4 By Ms. Whetstone
5
WITNESS
6
DAVID ARONBERG, STATE ATTORNEY
7 Direct Examination by Mr. Wyler 43
Cross Examination by Mr. Bideau 63
8 Redirect Examination by Mr. Wyler 9
PAGE
4
23
9 STEPHEN MENDELSOHN, ESQ.
Direct Examination by Ms. Whetstone
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11 Defense Rests
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13
EXHIBITS ENTE
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Joint Exhibits 1 - 37
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17 Certificat f Reporter
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a A\
EVIDENCE
95
141
41O
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EFTA02734657
Judge Luis Delgado
September 06, 2022
1 Thereupon,
2 the following proceedings began at 1:42 p.m.:
3 THE COURT: All right, please be seated.
4 All right, so we're here on the amended
5 motion for attorneys' fees.
6 Let's announce appearances.
7 MS. WHETSTONE: Good afternoon, Your Honor,
8 Lauren Whetstone. With me is Mark Bideau an
9 Gerard Buitrago and our paralegal, Jennifer
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Thomson, from Greenberg Traurig on ha if CA
Florida Holdings, the publisher o
Post.
MR. WYLER: Goot n, Your Honor. My
name's Douglas . I' here on behalf of
defendant, D erg.
MR. A G: State Attorney Dave
Aronb our Honor.
TH COURT: Thank you very much. It's your
On.
11,
on.
MR. WYLER: Thank you, Your Honor. May I
approach?
THE COURT: (Nods head up and down.)
MR. WYLER: Hi, again, Your Honor. Thank
you. May it please the Court. As you know, we're
here today on Mr. Aronberg's amended motion for
Beach
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EFTA02734658
Judge Luis Delgado
September 06, 2022
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15 jury materials.
16 In our 57. 05 I ffer, we specifically told
17 the plaint hat, under 57.105(1)(a), their
18 dec elief claim is unsupported by the
19 < ri facts necessary to establish it and also,
2 r 57.105(1)(b), that their declaratory relief
2 claim is unsupported by the application of the law
22 to those material facts:
23 There's a case, v. Bailynson, it's
24 found at 268 So.3d 762. It's a Fourth DCA case
25 from 2019.
attorney's fees. It was filed on November 9th,
2020, in conjunction with his 57.105 demand that
was made to the plaintiffs on June 8th, 2020.
That demand letter that was sent to the
plaintiffs counsel was sent on the same day that
Judge Marx entered her order granting the
defendant's motion to dismiss Count 2 of this case
with prejudice. And that motion, that 57.105
demand letter asserted that the plaintiffs so
remaining count for declaratory actio Qy o
basis in fact or law pursuant to 5 e0
Their declaratory relief cis oted in
Chapter 905.27 Florida at governs the
exceptions for the re e oi( c+ .....e grand jury -- grand
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Judge Luis Delgado
September 06, 2022
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THE COURT: Give me that cite one more
time.
MR. WYLER: Yes, sir. It's v.
Bailynson, B-a-i-I-y-n-s-o-n, 268 So.3d 762. It's
a Fourth DCA 2019. That case says, The central
purpose of 57.105 Florida Statute is and always
has been to deter meritless filings and, thus,
streamline the administration and the proced
the courts. Thus, the post-1999 version of t
10 -- 57.105 has expanded the circumst• where
11 fees should be awarded and the is to defer
12 meritless filings.
13 57.105 -- The statut provides the
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following language rim g the award of
attorneys' fees s the present litigation.
It says, "Upo he urt's initiative or motion of
any part Court shall award a reasonable ylc jr
atto y's e r, including prejudgment interest, to
i o the prevailing party in equal amounts
2 e losing party and the losing party's
2 attorney on any claim or defense at any time
22 during a civil proceeding or action in which the
23 Court finds that the losing party or the losing
24 party's attorney knew or should have known that a
25 claim or defense, when initially presented to the
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EFTA02734660
Judge Luis Delgado
September 06, 2022
1 Court or at any time before trial, was not
2 supported by the material facts necessary to
3 establish the claim or defense, or would not be
4 supported by the application of then existing law
5 to those material facts."
6 So, notably, the statute includes a lot of
7 key words in there, but here, the key words that
8 I'm focusing on is "knew or should have know .
9 Here, the plaintiff had a due diligence
10 obligation to know what the law was
11 filed the lawsuit. They should h. the
12 ultimate facts of the case all d they
pi13 should have known the k e al mechanism for
14 obtaining the record t th y were seeking.
15 Nonetheles ' nformed the plaintiff
16 multiple times out this case that not --
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y
that Mr. berg is an improper party, not only la ir
I .,-- b S use of only is it impossible for him to
the requested records since he has no
ession, custody or control over them, but also
because the statutes that govern the disclosure of
grand jury records clearly and unambiguously do
not grant such authority or power to the state
attorney.
Another case for you is Trust Mortgage,
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EFTA02734661
Judge Luis Delgado
September 06, 2022
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LLC, v. Ferlanti. That's found at 193 So.3d 997.
That's also a Fourth DCA case from 2016. And it
can guide the Court here. This case says that, in
determining an award of sanctions under
Section 57.105, the trial court's findings must be
based on substantial competent evidence and the
trial court must make an inquiry into what the
losing party knew or should have known durin 0ii..,
fact establishment process both before and e)
the suit was filed.
1(•,)So, as to the 57.105(1)(a) cl, i tm.‘
Mr. Aronberg's position is th spaper
13 should have known whe e re doing their
14 research that it was sibility, that he had
15 no access, cust ntrol of these records,
16 but that fact - br t line was drawn to that
17 fact by J Marx in the June 3rd, 2020, motion urtikr
sss earing. She made several statements t18 to 6
2
i
4n taiT19 u he plaintiff on notice, if they weren't
2 ready.
And, if it would please the Court, I would
22 like to read those onto the record. You can find
23 these -- We've submitted a joint binder to you,
24 and if you -- --
25 THE COURT: I have it here. Tell me where
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Judge Luis Delgado
September 06, 2022
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17 says CA, p h, Aronberg, and you'll see the -
18 ? ,E18 sta nu bers.
19 CS1 COURT: What's the number?
2 R. WYLER: 1353.
2 THE COURT: Go ahead.
22 MR. WYLER: Thank you, Your Honor. I'm
23 going to go through this transcript, and I'll
24 direct you to the actual page number of the
25 transcript itself, okay? Page 3, lines 18 -- 4
I'm looking.
MR. WYLER: Yes, sir. If you look at J13,
that's the condensed version of the transcript.
You can find the full version if you look at J29,
and I can give you the = stamp numbers.
THE COURT: Tell me where to look, and I'll
look.
MR. WYLER: Absolutely, Your Honor. L cC I)
at = stamp 1353, and that will start you
cull
THE COURT: Of what exhibit?
r for you
MR. WYLER: Okay, Exhibit
Atversion. I thought that might
to read it. At 1353. ( S
pJ
\
THE COURT: sai 29.
MR. WYLE
the lower left
, J29, and, if you look in
'there's a number that
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EFTA02734663
Judge Luis Delgado
September 06, 2022
1 through 1. "Not for nothing" -- This is all Judge
2 Marx. "Not for nothing, I think we all know that
3 they don't have control and custody of the
4 records."
5 Page 5, lines 17 through 19. "I think we
6 can all agree that the state attorney doesn't have A.„,„ _
7 these records."
'S .'
9 the clerk and the state attorney the
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pr
Page 8, line 4. "I'm asking you, how are
oper
10 defendants?"
11 Page 8, line 8. "I'm puzzled c
12 procedural posturing of this n ning the state
13 attorney, and, you knower stymied by
14 the fact that you alle yoclt ...., r complaint that
15 they have, parti y vid Aronberg, the state
16 attorney, that these records."
17 Pag ine 18. "Okay, let's run this all
18 the y o . Let's say you win and you get a
19 • t against the state attorney, Dave
2' berg. What's he supposed to do with it? He
2 can't release the grand jury testimony. He has no
22 authority whatsoever to do that."
23 Page 10, line 21. "And the only thing
24 we're here today about is why should the clerk and
25 the state attorney have to defend a civil action
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Judge Luis Delgado
September 06, 2022
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when it's an impossibility of performance? They
even -- If you were to win and get a judgment
against them, they cannot give you what they don't
have."
Page 11, line 12. "I'm simply saying, why
should these two entities have to defend this
ASlawsuit when, even down the road, if you win, the
can't give you what they don't have?"
Page 16, line 12. "And, you know, reall
I want to you boil it down for me as t
Let's take it all the way down the ou win.
You get a judgment against tl le and the state
ic13 attorney. I know there's e sons why you
14 might have filed it th'
/
y, ut I'm just simply
15 puzzled becaus r what the clerk and the
16 state attorney re ing, and that is,
17 performa is impossible. They don't have the
18 re an cannot, absolutely. There's not even
19 c f wiggle room that they could release the
2 rds even if you got a judgment. It is solely
2 a determination for the Court. I frankly think
22 you know there's ways to get your records.
23 There's ways to get confidential records, but it
24 isn't by suing the state attorney and the clerk."
25 Page 17, line 6. "Even assuming, arguendo,
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Judge Luis Delgado
September 06, 2022
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8 the fact -- let's just talk about the clerk 0
9 because we all know the state attorney doe 't
10 have it."
11 I would ask the Court to ent ring
12 transcript found at J29, 135\ as Defense's
13 Exhibit No. 1.
14 THE COURT: tion?
15 MS. WHETS I All the joint exhibits are
16 in evidence, s
17 MR. 1 ER: They're in evidence, but I
18 don' no ' you wanted to mark them for each
19 n So if I don't need to do that, then I'll
2 pense with that.
2 THE COURT: These joint exhibits have all
22 been stipulated to?
23 MR. WYLER: Yes.
24 THE COURT: No need then.
25 MR. WYLER: Then I'll leave it alone.
that they have the records, we know they don't.
You were to -- If you were to get a judgment
against them, how would you expect them to
perform?"
And then finally, on page 17, line 23.
"What do you mean? What do you mean? They're not
trying to block it? They're saying that, despite
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EFTA02734666
Judge Luis Delgado
September 06, 2022
1 Thank you, Your Honor.
2 These statements, along with the upcoming
3 examination of Mr. Aronberg and Mr. Mendelsohn,
4 along with everything that's presented to the
5 Court, it shows that these sanctions are
6 justified, and there is no arguable basis in fact
7 or law the way those statutes are written that
8 Mr. Aronberg could ever provide the requeste O
9 materials that he was sued for.
10 As to the 57.105(1)(b) argument,
11 Mr. Aronberg's position here is t
12 newspaper, plaintiffs and the' ys, they
( S 11,13 should have also known h ginning when they
14 were doing their res h th t those statutes
15 precluded Mr. Ar r rom actually providing
16 these records Th s what they sued for. They
17 asked for Aronberg to provide these records so
18 tha y could then be disclosed to the public.
19 h ter -- or, Statute 905.27 states this:
2 this -- this argument has been presented in
2 everything that we've said to the newspaper.
22 "When such disclosure is ordered by a Court
23 pursuant to subsection (1) for use in a civil
24 case, it may be disclosed to all parties to the
25 case and to their attorneys and by the latter to
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Judge Luis Delgado
September 06, 2022
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their legal associates and employees. However,
the grand jury testimony afforded such persons by
the Court can only be used in the defense or
prosecution of the civil or criminal case and for
no other purpose whatsoever."
That argument was ultimately utilized in
clerk because, on top of other things, the
Judge Hafele's final judgment in favor of the
plaintiff admitted that they weren't seeking t
use these requested records in an u g civil
11 or criminal case. They wanted t — for
12 public disclosure.
13 Chapter 905.17 of ttS4 )cl statutes also
14 applies here. This teen made evident and
15 very clear to the tj . That statute says,
16 in pertinent p e notes" -- and this is all
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regarding rand jury materials -- "The notes,
re an transcriptions are confidential and
Cp rom the provisions of Chapter 119.07 and
ilon 24(a), Article 1 of the State Constitution
and shall be released by the clerk only on a
request by a grand jury for use by the grand jury
or on an order of the Court pursuant to
Chapter 905.27."
So, like I said, these legal arguments have
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Judge Luis Delgado
September 06, 2022
1 been presented to plaintiff and its lawyers
2 several times. It was in the 57.105 demand
3 letter, but plaintiff dropped Mr. Aronberg from
4 the case too late. The statute had already taken
5 effect. There's a 21-day safe-harbor provision in
6 that statute. And the testimony and evidence
7 today will show that a motion for attorneys' fees
'4 1 ' 8 was filed appropriately with that statute, and si
9 then following that, Mr. Aronberg was dropp c fr m
10 the case. After that, an amended m r
11 attorneys' fees was filed.
12 Plaintiff has an argumen to deal
13 with the timing of when 'Nt9 ded motion for ?lc ,
14 attorneys' fees was . T ey claim that we
15 don't comply wit day safe-harbor
16 provision, an se this case of Lago v Kame,
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Lago v K By Design. It's K-a-m, like Mary,
K-a- -ep, 7 B Design, LLC. That's found at 120 So.3d
et t' also a Fourth DCA case from 2013.
o that case held that, if a party files a
subsequent or amended motion for sanctions under
Section 57.105 and raises an argument that was not
raised in the original motion for Section 57.105
sanctions, then the subsequent motion must
independently comply with the 21-day safe-harbor
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Judge Luis Delgado
September 06, 2022
1 provision.
2 Okay, but the facts are different, totally
3 different.
4 See, in the Lago case, the party who was
5 served with the 57.105 demand never withdrew from
6 the case. They stayed in the case to the end.
7 The person that served the original 57.105 in
8 Lago, after serving it, served a second one, a
9 when they served the second 57.105 — well,
10 didn't serve a second 57.105 deman• They
11 filed a second motion for attorne a. an
s(
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c12 amended motion for attorne f ithout k ,
13 providing an additional I er, . 105 letter
14 before they filed the ndcTd motion. That didn't
15 happen in this
16 In this cad, w iled our amended motion
17 -- our on motion ' for attorneys' fees on gc 1,p,
18 Nov ber 7 th, 2020, and then they dropped
19 r berg from the case on October 21st --
2 , we filed -- I'm sorry. I apologize, Your
2 Honor. We filed our original motion for
22 attorneys' fees on July 1, 2020. I apologize.
23 They dropped Mr. Aronberg from the case on
24 October 21, 2020, and then we filed our amended
25 motion for attorneys' fees on November 9th, 2020.
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Judge Luis Delgado
September 06, 2022
1 So the significant thing about this, Your
2 Honor, is the 21-day safe-harbor provision is
3 there to provide the -- provide an opportunity to
4 reevaluate your position and change your position
5 and withdraw your case based on the demands in the
6 57.105.
7 There was no opportunity for the plaintiff
8 to reevaluate and change their position. The
9 already made their mind up. They had acre
10 dropped Mr. Aronberg from the case. y asking
11 or saying that we failed to provid day
12 safe-harbor provision, that is i d1ng, Your
13 Honor, because there w y they could change
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their position with a r demand letter sent to ‘c " ......,
them. They had r made their decision and
dropped Mr. onb g from the case. It was
impossib r them to change their position. So t oy
posrhe no ligation to serve his amended motion
to ding with the Court because he was
2 ready dropped, and a previous motion for
2 attorneys' fees was already filed.
22 Another interesting part of that Lago case
23 is that, in that case, the Court did find that the
24 amended motion was filed improperly because they
25 were still in the case, but, instead, the Court
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Judge Luis Delgado
September 06, 2022
1 picked up the originally-filed motion for
2 attorneys' fees in that case. And we would ask
3 Your Honor, in the alternative, should you find
4 that, that you would rule on our original motion
5 for attorneys' fees if it came down to it because,
6 in the end, the arguments are the same, and the
7 real difference in the filing of the amended
8 motion for attorneys' fees is that it included th O
9 final tabulation of my firm's fees, as well as
10
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affidavits -- my affidavit of reasonabl
11 fees and an affidavit of reasonab om our
12 expert.
13 The other interestinNp re, the other
14 argument that you'll r p1 ntiff make is that
15 Mr. Aronberg wash er party to the case. Now,
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again, the cle is a person -- the only entity
that has ority to provide these records under
stat , that
c,anl that alone should be enough to show
Aronberg is not a proper party defendant.
Judge Hafele's final judgment actually helps
out this because Judge Hafele's final judgment
actually instructed plaintiff on the right way to
go about trying to get the records that they were
seeking. It points out that they followed --
failed to follow the right procedure.
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EFTA02734672
Judge Luis Delgado
September 06, 2022
1 In that final judgment, Judge Hafele makes
2 it clear that all that they had to do was file --
3 follow the Rules of Judicial Administration
4 Rule 2.42 and file a motion seeking disclosure in
5 the underlying case, and then serve the parties to
6 that case and anybody who might be interested in
7 it.
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15 motion in a case
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That underlying case is State of Florida C)
vs. Jeffrey Epstein. It's case number
2006-CF-9454, and Mr. Aronberg no ice is a
party to that case. So he is an i .arty.
They never needed to sue hi t5Skthese records.
c,There's a big differe een suing the
state attorney to get, rd % ersus filing a
already open.
ake one other defense here
under k 57.v 3)(a), but that does not apply here 7
;kcen e, and I'll explain to you why. First, ioin a s
ete ad you the statutory language.
his is 57.105(3)(a), and it says,
"Notwithstanding subsections (1) and (2), monetary
sanctions may not be awarded; (a), Under
paragraph (1)(b) if the Court determines that the
claim or defense was initially presented to the
Court as a good faith argument for the extension,
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Judge Luis Delgado
September 06, 2022
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modification or reversal of existing law or the
establishment of new law, as it applied to the
material facts, and with a reasonable expectation
of success."
So here, the plaintiff tries to twist the
language of that statute in two different ways to
suit its argument. First, they entirely failed to
recognize that the 57.103(a) (sic) defense ap icit.
only to claims made under 57.105(1)(b), an a )
has to do with the law not being corr
applied to the facts to establish t\ t
The law here cannot be 'e o the case
in such a way that woul their claim as I
Rgt ....,went through with th statutes with you. That
is the only scen
making a leg
n r (1)(b), when you're
ent, not a factual argument,
where yo n come up with a good faith defense.
So e is o good faith defense at all that
•e o the factual argument that it is
ssible for Mr. Aronberg to provide these
materials, that he has no access, custody or
control over them and he never has. That is
unchanged by this defense of theirs.
But the interesting thing is that this
defense fails in another way, too, because, if you
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1 recall, their only remaining count is for
2 declaratory relief, and when declaratory relief is
3 asked of the Court, that is an asked for
4 interpretation, and admittedly so by the
5 plaintiff. Their -- They state that -- Where did
6 I just put it? They argue that their declaratory
7 relief claim was presented to the Court as a,
8 quote, good faith argument for the interpretati
9 of existing law or at least the establishment
10 new law. But that doesn't work here e, if
11 you go back to the statutory Ian
12 statute, it's only for the exten ii edification
13 or reversal of existing la sn't say
14 anything about inter tio
15 They did no fp he extension of
16 57.105 -- or, 90 .1V 7. They didn't ask for it
17 to be mo • d. They didn't ask for it to be iit oitor
,ottl18 rev d. hey asked the Court to interpret it
AOt pli
2 That is totally -- That is an interpretation that
19 e em whether or not they had the ability
2 ye the grand jury records disclosed to them.
22 they asked for. The Court only got to address
23 that as to the clerk because, again, we were
24 dropped before then.
25 So the other part of that statute talks
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
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10 57.105(3)(a) fails as to both of Mr. Ar
11 57.105 claims.
12 I would just like to reitera Ne Court
13 that the clerk is in actual os ion of the
5f t....'
14 requested records, i on entity that is
15 statutorily author t elease grand jury
16 records pursu nt t Court order, and despite
17 plaintiffs ments to the contrary, the record
1'`Pir18 evi ce • 2 I show that plaintiff and its lawyers
19 o should have known at the time they were
2 ed -- at least at the time they were served
2 with the 57.105 demand that the declaratory relief
22 claim fails under 57.105(1)(a) because it is
23 unsupported by the material facts necessary to
24 establish it, and under 57.105(1)(b) because it is
25 unsupported by the application of the law to the
about -- it says, or creation of a new law, okay?
They weren't asking to create a new law with their
declaratory relief claim. The only place where
they were trying to create a new statutory cause
of action was in their Count 2 that was dismissed
with prejudice by Judge Marx and is not at all a
part of Mr. Aronberg's 57.105 demand.
The 57.105 demand only regards the clai O c
for declaratory relief. So the defense under
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
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material facts.
Plaintiff and its attorneys have exposed
themselves to sanctions under 57.105, and
Mr. Aronberg requests such relief.
THE COURT: Thank you.
MR. WYLER: Thank you, Your Honor.
THE COURT: Please.
MS. WHETSTONE: And if I may, I'll flip()
over this timeline. Your Honor shoul a copy
in your binder.
THE COURT: Is that the( give me --
I think I actually...
Is this it?
MS. WHET Yes.
THE CO T: henever you're ready.
it please the Court.
The st &d a complaint seeking access to
C5rit from Jeffrey Epstein's grand jury
2 stigation which was run by the Palm Beach
2 County's former state attorney in 2006.
22 The Post felt a duty to inform the public
23 as to how this sexual predator got the deal of the
24 century and got off with such leniency. It is a
25 matter of genuine public interest and concern as
A I approach, Your Horii:
0
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1
2
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6
this Court has noted.
The Post named two defendants, number one,
the clerk of Court as the public office tasked
with custody of grand jury records and, number
two, the state attorney's office because it
actually ran the investigation and because it is
8 jury secrecy.
9 The state attorney's office says they
7 the public office tasked with protecting grand
10 should have never been named a part course
11 they had to be named a party. ere they
12 the public office that conduct e vestigation
13 and presumably had po n of certain documents
14 at some time, but, im rtantly, they're the
15 public office with • er and authority to
16 prevent the cl k fr producing grand jury
17 documen
18 ur nor, we heard in the state
19 e s counsel's opening that this is about
2' ody, whether the state attorney had the
2 documents, whether he had possession or custody of
22 the documents, but it's not just about that. It
23 is not just about custody. And it's -- We'll get
24 into this, but the important point is, the state
25 attorney's office has as its task the protection
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Judge Luis Delgado
September 06, 2022
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14 but you don't even n to cat there, Your Honor.
15 There are two n e, case dispositive
16 jurisdictional i hich require denial of the
17
18
19
of the grand jury system.
And it's important to remember, we're here
today on a motion for 57.105 sanctions relating to
the declaratory relief claim, not the statutory
claim. We heard reading from the transcript
before Judge Marx relating to the motion to
dismiss Count 2, which was on a statutory claim
0 under Florida Statute 905.27.
Of course, we are here on the declarato
relief claim that also involved constitu aw
and First Amendment law, not ju
statutory law.
So, starting off, we v rlt ,tb the merits,
motion w t any consideration of underlying itsgy ctrfa r\n his is not just an argument. These A
an dictional defects.
2 umber one, the Court lacks jurisdiction
2 because the amended motion for sanctions was filed
22 after the state attorney was dismissed as a party.
23 And I'll indicate -- Hopefully you can hear me,
24 but here is where the state attorney filed his
25 amended motion for fees. It was November 2020.
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([Phone Redacted]
EFTA02734679
Judge Luis Delgado
September 06, 2022
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17 It is u s•uted that the state attorney
18 nev ery copy of the amended motion for
19 < tio s at any time before filing it on November
2 I believe Mr. Wyler also mentioned that and
2 agreed with that in his opening. As a result, the
22 amended motion cannot be considered. The state
23 attorney tries to rely on a prior, what he calls,
24 quote, unquote, place-marker motion for fees that
25 was served on June 8th, 2020, in an attempt to get
And we dismissed -- the Post had dismissed him as
a party 19 days before, on October 21st, 2020.
The case law is clear that the Court has no
jurisdiction over a motion for sanctions after a
voluntary dismissal, like the motion here. And
this is case law, including Sidlosca vs. Olympus,
and that is in Authorities tab -- the Authorities
binder that Your Honor has at tab 26, and I'll
read the case cite for the record. 276 So.3
It's a Third DCA 2019 case.
Number two, the Court also
jurisdiction because the
the only motion we are uolated 57.105
subsection (4)'s saf rbor otice provision
which requires a or fees be served at
least 21 days t o its filed.
ion, which is
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1 around the safe-harbor requirement of 57.105. He
2 cannot do so. First, the statute is in derogation
3 of the common law, so it must be strictly
4 construed.
5 More importantly, the case law says, and
6
7
8
9
10
11
12
13
14
15
16 amended mot r ees, he's no longer required
17
18 dis
19 si
2 afion.
2 There was nothing to ask us to withdraw
22 with a 21-day notice because it had already been
23 withdrawn, so 57.105 doesn't even apply to the
24 situation here, and that's actually a situation
25 that came up in the Ferere, F-e-r-e-r-e, vs. Shore
this is Lago vs. Kame, the case law says that the Aws,
initial place-marker motion is not sufficient to
comply with 57.105 because, once they filed
amended motion making new arguments, th
21-day safe-harbor notice was require w. And,
again, Lago says -- this is tab 14j onor's
binder -- that they must inde
the 21-day safe harbor.
The state attorn ies o argue that,
because we disn dl m prior to him filing the
to comply ' h the 21-day safe harbor, but the
i
ir
al exactly what the 21-day safe-harbor
is aimed at encouraging from parties in
comply with
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1
2
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8 doesn't apply at all. 0
9 And, here, it's obvious that the amende
10 motion made new arguments not in t
11 place-marker motion. And we're pull up
12 the first place-marker motion t amended
,,S .,13 motion to compare them se are exhibits,
14 Joint Exhibits 14 an
15 So, first, her the first
16 place-marker , Exhibit 14, it's -- the
17 motion it 'sr one page. There's an enclosure st Ai
18 lett at aeme with it, and it's two pages. So
19 < p ges total. The motion itself says nothing
2 pt we're going to prevail, and this is your
2 notice, we want fees.
22 But the enclosure letter says, along the
23 lines I believe Mr. Wyler said this in his
24 opening, that the defendant Aronberg nor the
25 office of the state attorney is in custody or
case, and that's tab 6 in Your Honor's binder and
that's a Fourth DCA case. And in that case, the
Court said that 57.105 subsection (1) was not
applicable where there was no way for plaintiffs
counsel to withdraw an allegation after a
post-trial motion. So if 57.105 -- the
"4\safe-harbor notice was not available, then 57.105
,,
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([Phone Redacted]
EFTA02734682
Judge Luis Delgado
September 06, 2022
1
2
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6
7
8 So now let's pull up Exhibit 25, which is O
9 the amended motion. And, Your Honor, her s you
10 can have an idea, here's the first mot
11 Joint Exhibit 14. Here's the ame tion.
12 This is three pages. This is with
13 exhibits, 11 pages of a nd one page of a
14 motion. So clearly t 's\new stuff in the
15 amended motio
n`
. But Mr. Wyler said they
16 said the sam ents. That's not -- That's not
control of the 2006 grand jury materials sought
therein.
However, the first motion completely failed
to address the main reason why the state attorney
was a party to the lawsuit, because it could
object to the clerk providing the grand jury
records.
17
18
19
true.
eStrie atded motion clearly makes new
ts not in the first place-marker motion.
2' o references new documents, like the state
2 attorney's motion for summary judgment and
22 Mr. Aronberg's affidavit, both which were filed in
23 August of 2020. So here (indicating).
24 Importantly, the amended motion also raises
25 new positions. Just as an example -- and, Gerard,
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
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7 objection and never has had any objection to the '4S ,
9 plaintiff." C O
8 clerk releasing the records sought by the
10 That's not true, though. As you
11 in the evidence, the position that
12 attorney had, quote, no obje ,, quote,
13 never had any objection h rk producing
14 grand jury materials ne , and you'll hear from
15 Greenberg Traur tt4 ey Stephen Mendelsohn that
16
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2
2
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23
24
25
if you could pull up paragraph 20 of the amended
motion -- it says, "The state attorney has no
objection to the clerk producing and disclosing
the requested materials should the Court grant an
order to that effect." And then in paragraph 25
it says, "Likewise, the state attorney has no
this is exactly the ao>;ition that the Post was
trying to nd Mr. Mendelsohn was trying to get 1,‘„,
,,s,fro e st to attorney.
n you'll hear, in a June 23rd, 2020,
r Mr. Mendelsohn wrote to the state attorney,
he said the state attorney is named here because
they are a party that is tasked with protection of
the grand jury system. You have the right to
object to the release of grand jury materials.
That's why you're here. And, once we had this
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Judge Luis Delgado
September 06, 2022
1 notice right here of saying they don't object, we
2 dismissed him.
3 So he first said on the record, on
4 October 14th, I have no objection to the
5 production of the Epstein grand jury materials.
6 We dismissed him October 21st.
7 So, to close out on the jurisdictional
8 argument, the amended motion raised new ar
9 and cited new record evidence that did not
10 at the time of the first place-marker So
11
12
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25
the amended motion had indepe omplied with
the strict 21-day safe-harbor it ent, and the
state attorney failed to s fore filing;
therefore, the amend mo n must be denied
outright.
Your Hon if the Court -- sorry --
even if ii th o te attorney could overcome the
juri tion I defects, the evidence will show
:,t py
fi i
's bsolutely no basis for sanctions under
tatute, and let's turn to the statute now and
the standard under it as applied by the case law.
And this will be tab 18.
THE COURT: Are you talking to me, or --
MS. WHETSTONE: Sorry, I was indicating to
Gerard.
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Judge Luis Delgado
September 06, 2022
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8
9
And, Your Honor, here's the standard for
sanctions under Florida Statute 57.105. The
statute is behind it. Mr. Wyler read from that.
And this is a case that interprets -- interprets
this high standard, and this is the same -- I note
that vs. Bailynson -- I'm going to botch
that name, sorry, but the case that Mr. Wyler read
from has the same exact standard as to how
10 requirements of 57.105. So this is a
11 This is not a who won. This is n
12 party standard.
13 They have the burd ing that the
14 claim was so frivolo d devoid of merit both on
15 the facts and th o be completely
16 untenable, an ow the claim was not
17 I frivolous, ber one, because they admitted in r r,
18 thei sw to this very claim --
19 n , Gerard, if you could pull up the
2' parison.
2 They admitted in their answer to this very
22 claim that a good faith dispute exists between the
23 parties. And here you're seeing -- Your Honor is
24 seeing a comparison of Exhibit 9, which is the
25 amended complaint, this count for declaratory
you interpret whether somebody has met th
rden.
iling
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([Phone Redacted]
EFTA02734686
Judge Luis Delgado
September 06, 2022
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relief, and Exhibit 10, which is the state
attorney's answer. And it says, "The Palm Beach
Post has sought from defendants, and defendants --
but defendants have refused to provide access to
the testimony, minutes and other evidence
presented in 2006 to the Palm Beach County grand
jury. Indeed, defendants have each filed motions
to dismiss the complaint and the relief it soug
under Florida Statute Section 905.27(1).
Accordingly, a good faith dispute exis 1, een
the parties." And, in response, t
12 attorney simply said, "Admitted'
13 By that admission, t I his motion
14 for sanctions. They not ow argue this claim
15 was without me ' in addition, we will go
16 through the e 'den that shows the Post and
17 Greenbe aurig acted only in good faith and
18 wit ug tful deliberation and that this was not
19 o s claim by any means.
2 o backing up a bit and to what we believe
2 the evidence will show. After Epstein's arrest
22 here in Palm Beach County in 2005, the Post began
23 an investigation into Epstein and then what
24 happened with the prosecution in 2006, how he got
25 this sweetheart deal from the former state
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([Phone Redacted]
EFTA02734687
Judge Luis Delgado
September 06, 2022
1 attorney, to inform the public what went wrong.
2 The Post made a number of public records
3 requests. No luck. The limited documents they
4 received shed no light on how Epstein got off with
5 such leniency.
6
7
8
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10
11
12
13
14
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18
So, in the summer of 2019 -- we again have
AO•Aak' this timeline -- after years of investigation on
Epstein, the Post brought in a team at Green 4(0 1
Traurig, including Stephen Mendelsohn herE you
will hear from today, and other expe
attorneys in First Amendment an tional
researching and det *nin how do we get these
The Post and its att
law and criminal law.
records. And y I he first box is from
July -- July 2 9 t ugh November 2019, research
and -- le esearch and due diligence regarding
h aim to bring and how. You will hear that
leg
19 e delsohn tried contacting the state
2' rney's office and requesting what was missing
2 from the public records requests.
22 And if you want to pull up Exhibit 1.
23 Exhibit 1 is an example of such, and it was
24 a letter from Mr. Mendelsohn that you'll hear
25 about where he requests specific documents. And
ent months
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1 you will hear that was not the only
2 attorney to write the state attorney's office in
3 addition to the Post. You will hear that
4 Mr. Mendelsohn's specific records request to the
5 state attorney's office went unanswered, and you
6 will hear from Mr. Mendelsohn and the Post that
8 Post filed this lawsuit seeking access to gran 6 S1Al'"
7 the Post was left with no other option. So the
9 jury materials naming two defendants, the c
10 and the state attorney.
11 And the state attorney was k ry
4 ,I12 party to the claim here. I bef o gone over
41S(,13 that, but, quickly, numbe , e state attorney
14 ran -- conducted the nd ry investigation in
15 2006. At some state attorney's office
16 had to have r rd But, number two, more
17 important s the public official with r ip,
18 res sibi ty and control over the grand jury
19 he state attorney had to be named. As
2 public office with that control, the state
2 attorney had the power to object to the clerk
22 producing records. And this is something that the
23 state attorney has never refuted or even
24 addressed, and that goes hand in hand with number
25 two, that the state attorney also had the ability
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([Phone Redacted]
EFTA02734689
Judge Luis Delgado
September 06, 2022
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6
to request access to records from the clerk. This
was not on a whim, not to harass and certainly not
frivolous.
In doing all this background research, you
will hear that Mr. Mendelsohn came across Fourth
DCA and federal case law supporting the conclusion
7 that the state attorney was a necessary party.
8 Mr. Mendelsohn provided the state attorneyy w
9 that case law and explained what we need
10 the state attorney in this case. We n the
11 state attorney to represent that h I of
12 object to the release of gran erials by
13 the clerk if ordered by th o They ignored
14 that request.
15 You will hea lair. Mendelsohn --
16 Exhibit 16 -- June 23rd, 2020, letter he
17
18
sent to th ate attorney in response to the it i ,
stat ttor y's place-marker motion for fees that
19 'n arly June. And, in this letter dated
2 23rd, Mr. Mendelsohn set forth three reasons
2 why the state attorney was named as a party.
22 Again, number one, custody; number two, they had
23 the power to make arguments against release of
24 grand jury materials; number three, there was
25 nothing that prohibits the state attorney from
As,
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([Phone Redacted]
EFTA02734690
Judge Luis Delgado
September 06, 2022
1 requesting copies of the clerk during and after
2 the close of criminal prosecution.
3 So, as Mr. Mendelsohn says in this letter,
4 even if the state attorney's office did not have
5 possession or custody of the materials,
6 that did not end the need for his office to be a
7 party to the declaratory relief claim. The state
8 attorney still had the right to object to the
9 clerk producing records. That's exactly wh
10 included them in the case.
11 You'll hear they previously d'
12 release by filing a motion to s - this is
13 Count 2, I'm sorry, the sj iat ount -- and
14
15
16
17
18
19
then, by filing the an r to ount 1 admitting
that a good faith uj exists as to this very
claim.
So in I timeline, for months after lly ir
rtcnde sohn's letter, they -- they refused to
,
t,Mr.
n and we also reminded them on October 2nd,
2' , in a later filing, what we needed. What we
2 needed from the state attorney to release him from
22 this case was that he would not object to the
23 clerk's release of materials, and this was in our
24 reply -- sorry -- response to the first
25 place-marker motion for fees, and that was
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([Phone Redacted]
EFTA02734691
Judge Luis Delgado
September 06, 2022
1
2
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2
2
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25
Exhibit 20.
In that exhibit -- or, in that document,
again raises the In re Grand Jury
case that you just saw in the June 23rd letter.
It was not until after this, on October 14th,
2020, that the state attorney's office finally
stated in a court filing they would not object to
the clerk's production if ordered, and he took ,....,
position of neutrality. Days later, we dismis d)
the state attorney.
It's important to note the dis f the
state attorney does not make revailing
party, not even under th
standard, which is rrlikL y
party standard,
prevailing pa dard
sanctions
h' er than a prevailing
under a regular
, the state attorney is
not a pre c' 'n party here. Just because a i g
plai tff vo z ntarily dismisses a defendant does
a e a defendant a prevailing party. Where a
tiff gets something or a compromise out of
litigation, a dismissal becomes an appropriate
course of action as a result, then neither party
is the prevailing party for purposes of
contractual attorneys' fees. And that's pursuant
to the Kelly vs. BankUnited case that is -- it
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([Phone Redacted]
EFTA02734692
Judge Luis Delgado
September 06, 2022
1 should be in tab 38 of Your Honor's Authorities
2 binder. We sent it included in the supplement.
3 THE COURT: I think I --
4 MS. WHETSTONE: It should have been on last
5 Thursday, but --
6 THE COURT: I got it.
7 MS. WHETSTONE: As Mr. Wyler even said, t
8 purpose of 57.105 is to deter misuse of the
9 judicial system and to discourage needless
10 litigation, but here, to declare the stat
11 attorney a prevailing party and e
12 attorneys' fees under these f t d be
is xi
14 Again, you'll he ni1f ‘tiendelsohn that
13 contrary to that goal.
15 the Post dismiss ate attorney only after
16 it got what it n rom him, changing his
17 oppositio release of grand jury records to IFT.p.,
18 g his `affirm statement that his office
19 bject. And, Your Honor, the cases here
2 -- the Court's rulings here actually
2 support this finding of no basis for sanctions
22 even further.
23 With regard to -- We heard a lot from the
24 transcript before Judge Marx from the motion to
25 dismiss Count 2. First, that was with regard to a
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([Phone Redacted]
EFTA02734693
Judge Luis Delgado
September 06, 2022
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18 rig
19 si
2 And when Judge Marx entered an order on
2 Count 2 dismissing Count 2, that was a limited
22 order on whether there was a private cause of
23 action under that statute.
24 In addition, there was Judge Hafele's final
25 judgment that was Exhibit 30 in the binder, and
motion to dismiss Count 2, not the count we're on
here today, which is Count 1 for declaratory
relief.
It's important to note that Count 1 for
declaratory relief involves issues of First
Amendment and constitutional law, not just that
Florida Statute 905.27.
In number two, respectfully, what -- whate
Judge Marx said during a hearing is not evi c
as to whether the state attorney actu
custody or control of records. S
statements on the record bu v nce about
whether the state attorne iidbr did not have
custody of the docu ts. Xnd he did say in his
filings he does n " ustody or control of the
documents, b t, a n, we're not just here about
his own dy or control; we're here about his
thTsgr,
tate attorney to object to the clerk
grand jury records.
rd her
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([Phone Redacted]
EFTA02734694
Judge Luis Delgado
September 06, 2022
1 Judge Hafele, when he entered the final judgment,
2 that was as to the same claim that's at issue
3 here, the declaratory relief claim as it remained
4 against the clerk, because you'll recall the state
5 attorney had already been dismissed as a party
6 once they said they had no objection to the clerk
8
first impression involving
In the final judgment, Judge Hafele notec(b)(3 S
9 this was a case of
7 releasing grand jury materials.
10 issues of genuine public concern. T ments
11 by the Post's attorneys in suppo
12 declaratory relief claim were ncere,
13 palatable and persuasiv mmended everyone
14 for their hard work. is e opposite of a
15 frivolous claim. le the Court ultimately
16 did not rule in ee R st's favor for declaratory
17
18 and
19
2
2
22
23
24
25
relief as tie clerk, we respectfully disagree, ir
t d ision is currently on appeal. But,
ortantly, that is not the standard for
05. Again, it is not a prevailing party
standard.
They have not met the high burden for
sanctions to prove that the fact -- the claim was
so frivolous or so devoid of merit under both the
facts and the law as to be completely untenable,
Page 41
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([Phone Redacted]
EFTA02734695
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 across the st a of Florida, had a contingency
17 agreeme ith the state of Florida in this case
18 —s ate attorney in this case and, from
19 u et, no fee obligations arose unless there
2 s a Court order awarding fees. And that's
2 Exhibit 5 in the joint exhibit binder. So the
22 only way they were going to get fees was under a
23 57.105 motion. However, there has never been any
24 basis for 57.105 sanctions.
25 In closing, Your Honor, 57.105 is reserved
and, at the very least, this is a case -- in this
case of first impression, the claim for
declaratory relief was a good faith argument for
extension of the law. And, according to
57.105(3)(a) sanctions cannot be awarded.
A reminder here, too, that it was not just
the statutory -- the Florida statute at issue.
It's constitutional and First Amendment law a O
issue in the declaratory relief claim.
Finally, it's worth noting that, if t
are no sanctions imposed, there es to be
paid by the state attorney's
Mr. Aronberg personally r b akpayers, by
anybody.
Mr. Wyler, A ...;ents state attorneys
Page 42
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([Phone Redacted]
EFTA02734696
Judge Luis Delgado
September 06, 2022
1 for egregious conduct. There's nothing even
2 remotely close to that conduct that exists here.
3 The motion must be denied, and the Post
4 respectfully requests the Court deny the amended
5 motion for sanctions in its entirety.
6 Thank you, Your Honor.
7 THE COURT: How many witnesses are you
8 calling?
9 MR. WYLER: Just one. Mr. Aronberg.
CO
10 THE COURT: All right.
11 THE CLERK: Do you sole or affirm
12 that the evidence you area e will be
13 the truth, the whole trut ing but the
14 truth?
15
16
17
18
19
2
21
22
23
24
25
/--,
THE WITNESS:\ tdo.
Thereupon, L i
D ARONBERG, STATE ATTORNEY,
havi een my sworn by the Clerk of the Court,
rliSfdrOd and testified as follows:
DIRECT EXAMINATION
Y MR. WYLER:
Q. Good afternoon, Mr. Aronberg.
Will you please introduce yourself to the
Court and tell us how long you've held your position.
A. Good afternoon.
Page 43
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([Phone Redacted]
EFTA02734697
Judge Luis Delgado
September 06, 2022
I'm1 David Aronberg. I go by Dave. And
2 I've been state attorney since I was elected in 2012.
3 Q. Thank you. We're here today on your
4 amended motion for attorneys' fees filed November 9,
5 2020, against the plaintiff, correct?
6 A. Correct.
7 Q. And did you engage my law firm,
8 Scholz & Wyler, to defend you in this action?
9 A. Yes.
10 Q. I'm going to show you our Join 5.
11 Do you recognize this as a copy of o gagement
12 letter with your office signed by ward?
13 A. Yes.
\ 14 Q. Thank you.
15 MR. WY t Exhibit 5, Your Honor,
16 our firm's ent letter, contingency fee
17 agrees t
18
19
2
2
22
23
24
25
TI-IE COURT: Thank you. (
Y \. WYLER:
Q. Mr. Aronberg, have you reviewed or are you
therwise familiar with the pleadings and filings
submitted with the Court in this hearing?
A. I am.
Q. So then you're familiar with the
newspaper's original summons and complaint filed against
Page 44
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([Phone Redacted]
EFTA02734698
Judge Luis Delgado
September 06, 2022
1 you on November 14th, 2019, and then the amended
2 complaint filed January 17, 2020?
3 A. Yes.
4 Q. And what has the newspaper sued you for?
5 A. They sued me to obtain the Jeffrey Epstein
7 Q. Did they sue to just obtain them, or to
8 also produce them and provide them to them? C) ASIC
6 grand jury documents.
9 A. They wanted me to produce them and t iv
10 it — give those documents to them.
11 Q. And do you know what the, o do with
12 those documents once they got t
13 A. They wanted top I h documents.
14 Q. Okay. And u h e possession, custody
15 or control of those r grand jury documents?
16 A. No. I~nefv r had possession, custody or
17
18
control oft documents. z c
A A , by control of those documents, do you
19 can that you couldn't -- you have no power to release Aoe
2 m if you had them?
21 A. I have no power to release these documents.
22 I don't have them. I've never had them. They knew I've
23 never had them.
24 Q. But, in their complaint, didn't they allege
25 that you and your office are, quote, in possession of the
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([Phone Redacted]
EFTA02734699
Judge Luis Delgado
September 06, 2022
1 documents that are the subject of this action?
2 A. That's this whole case. It's whether I had
3 possession, custody or control of these documents.
4 That's why they sued me and my office. And I never had
5 possession, custody or control of these documents.
6 Q. Okay.
7 MR. WYLER: Your Honor, you can find that
8 on J9 of the amended complaint if you're Iooki
9 THE COURT: Thank you.
10 MR. WYLER: You can find it at
11 118.
12 BY MR. WYLER:
13 c\Q. Mr. Aronberg, are Np mr with the
14 newspaper's allegation it plaint that you,
15 quote, have denied lm Beach Post and to the
16 public at large t gra jury materials sought to be
17 disclosed?
18
19
2
21
22
23
24
25
:id you ever deny the newspaper those
uested materials?
A. From the beginning, we informed the
newspaper that I've never had these documents. In our
motion to dismiss, we had two arguments. The first one,
the very first one was that we do not possess, have
custody or control of these documents.
Page 46
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([Phone Redacted]
EFTA02734700
Judge Luis Delgado
September 06, 2022
1 In the second argument, we then make an
2 argument of law, because it's a motion to dismiss and we
3 have to argue as a matter of law and we couldn't rely on
4 the matter of fact that I didn't have the documents. So
5 they put us in a position to argue as a matter of law
6 that, even if we did have them, under the law we could
7 not provide them.
8 Q. Okay.
9 A. And, since then, they've been using that
10 a cudgel.
11 MR. WYLER: And, Your Ho n, I'll
12 direct you to J6 and J10. T e two
13 motions to dismiss that Snilloa at assertion.
14 THE COURT: d 10?
15 MR. WYL • Your Honor. And I'll read
16 that on the ecoorj J6, stamp 103, it says,
17
18
19
2
21
22
23
24
25
"It is
inti
Or
erg is not in custody or control of the
records sought and is, therefore, not a proper
party to this action."
And, in the second motion to dismiss, I'll
read that to the Court as well. That's at J10,
IMI stamp 222. "It is significant to emphasize
that, despite plaintiff's allegations to the
'cant to note that, despite
allegations to the contrary, Defendant
Page 47
www.phippgreporting.com
([Phone Redacted]
EFTA02734701
Judge Luis Delgado
September 06, 2022
9
10
11 Q.
1 contrary, Defendant Aronberg and the Office of the
2 State Attorney for the 15th Judicial Circuit are
3 not in custody or control of the records sought
4 herein, and, therefore, Defendant Aronberg is not
5 a proper party to this action. In fact, Defendant
6 Sharon R. Bock as clerk and comptroller of Palm
7 Beach County, Florida, admits that she is the
8 custodian in possession of the documents that
the subject of this action."
BY MR. WYLER:
Mr. Aronberg, after these in\t c ,
12 did you take any other steps to fu o the
13 newspaper and its lawyers t yo p ice lacks
14 possession, custody an the requested records?
15 A. Yes, and -cause, when the articles
16 came out that I v sq ehow stonewalling the Palm Beach
17 Post and try' to prevent public access to these iiiiir
18 docu ts, I tarted to get calls and texts from people
19 I was doing that. I had a Facebook message
2 aid I should resign.
21 Peter Antonacci, my predecessor down in
22 Broward, reached out to me, wanted to know why I was
23 covering for the grand jury -- or, for Barry Krischer or
24 for others. And I told him I don't have the documents,
25 because that seemed to be lost in the articles written.
Page 48
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([Phone Redacted]
EFTA02734702
Judge Luis Delgado
September 06, 2022
1 And so I took an extraordinary step. I
2 made a decision to create a Web portal and to release
3 every document that my office had relating to Jeffrey
4 Epstein and put it on the Internet, and that was -- and I
5 have just to refresh my recollection, the dates up here
6 -- that was January 30th.
7 Q. Okay, great. On January 30th, did -- I'm
8 going to show you joint Exhibit No. 12. Do you reco
9 this as the press release that your office released t
10 you were just explaining?
11 A. Yes.
12 Q. And can you read it to t , please?
13 A. This is a press rel sS9 my office put
14 out when we establishe W portal, and it says
15 this: "Palm Beach ate Attorney Dave Aronberg
16 creates Web po ublic access to Jeffrey Epstein
17 records."
18
19 thenSAn
Pt
there's a statement from me:
s o a large number of requests, my office is
2 411g online all the public records from the
21 nvestigation and prosecution of Jeffrey Epstein. These
22 records, which have all been released previously pursuant
23 to public records requests, can be accessed through the
24 following link," and it gives the link.
25 "The Jeffrey Epstein case occurred several
"In
Page 49
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([Phone Redacted]
EFTA02734703
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 release and sendin Palm Beach Post and every
16 other media outllt in q database from around the
17
18
19
2
2
22
23
24
25
years and multiple state attorney administrations before
I became Palm Beach County State Attorney in 2013." I
was elected as -- As an aside, I was elected in 2012, but
I started in 2013. "As such, I have never seen or had
access to the Epstein grand jury transcripts as the state
attorney's office has never possessed them. As lawsuits
and investigations continue to move forward, I hope that 4S .,
Epstein's victims are able to achieve justice and dos
they deserve."
Q. Thank you. Now, in addition to •t p ss
release, did you make any other step
plaintiff that you don't have the re
Noy
were
14 ( r
seeking?
A. In addition to ng that press
notify
country, I a t that press release on my Twitter page
and, only' at, I pinned it so it would be the first
tOn y Twitter page.
I also put it out on my Facebook page, and,
s a result, it received national media coverage,
including coverage from the Sun-Sentinel, the competitor
to the Palm Beach Post. But, curiously, the one paper
that did not report on this Web portal, the one paper
that did not report on my releasing all the documents in
Page 50
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([Phone Redacted]
EFTA02734704
Judge Luis Delgado
September 06, 2022
1 my possession was the Palm Beach Post.
2 To this day, they still have never
3 acknowledged that I posted every document onto my Web
4 page, onto my Twitter page, onto my Facebook page, onto
5 our Web portal. To this day, even though I've had that
6 tweet pinned to my page for months in the past, they have
7 never acknowledged that it existed.
8 Q. Thank you, Mr. Aronberg. I'm going to s gO
9 you our joint Exhibit No. 11. Do you recognize thi
10 the Twitter post that you were just referen
11 A. Yes.
12 Q. And does it say the "Whin s the press
13 release?
14 A. Yes.
15 Q. Thank y
16 A. It alsoflooks like this could be from
17
18
19
2
21
22
23
24
25
Facebook ... ell.
. Okay. All right, are you aware and
f l r
eic it
e h the June 3rd motion to dismiss hearing and
Nements made on the record by Judge Marx, the ones I
ust read to the Court previously?
A. Yes.
Q. What did you think of those remarks?
MR. BIDEAU: Objection, Your Honor,
irrelevant what Mr. Aronberg thinks of remarks.
Page 51
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([Phone Redacted]
EFTA02734705
Judge Luis Delgado
September 06, 2022
1 THE COURT: Sustained.
2 BY MR. WYLER:
3 Q. So following those remarks from Judge Marx,
4 do you believe that the newspaper knew or should have
5 known that you were not in possession, custody or control
410;41""c
6 of those records and that they should have dropped you
7 from the lawsuit even then?
8 MR. BIDEAU: Objection. Again, Your Ho rO
9 I don't know how Mr. Aronberg could know w th
10 newspaper knew or should have kno
11 THE COURT: So your obje
12
13
14
15
16
17
18
19
2
21
22
23
24
25
speculation. Sustained.
MR. WYLER: Oka
THE COURT:
we have a ju
short. I'll
for m
M BIDEAU: Okay, Your Honor.
Cr
.
YLER:
Can you -- Mr. Aronberg, can you please
xplain to the Court how it is impossible for you to
provide these records?
A. Well, first, I never had these records, so
obviously it's impossible for me to provide them. I told
them that. They knew that.
ou know, generally,
let's keep objections
em if I need to, or I'll ask
Page 52
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([Phone Redacted]
EFTA02734706
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2
21
22
23
24
25
Secondly, I have no custody or control over
these documents. I've never had them. They know that,
which is why they now are moving the goal posts to change
this whole lawsuit, this whole action from custody,
possession, control, into keeping me on the sidelines so
I don't object to the clerk's ability to release the
documents. So it's a new -- it's a new ball game now
apparently. 0
But the newspaper obviously knew that I
never had these documents, that I never h dy or
control over them because I repeated
Q. All right. And then so I wi Judge
Marx's order that I just referee. une 3rd, what
r,I .eaction did you then dire to e?
A. Well, aft arx's order and I was
dismissed from e o t e two counts, I asked you to seek
sanctions, 6 to start the ball rolling, 57.105, so to 1\ 1,4,0,
send letter hat gives the 21-day notice.
That's correct. And let me show you a copy
letter.
MR. WYLER: Your Honor, if you see our J14,
it's a copy of the 57.105 demand letter and the
email to Mr. Mendelsohn that accompanied it, and
just for a point of clarification, there is the
motion for attorneys' fees at the end, but that
Page 53
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([Phone Redacted]
EFTA02734707
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
was not filed on June 8th. Pursuant to the
statute, you have to wait at least 21 days, and as
you'll see later, that was followed.
THE COURT: The way this is -- I assume
this was attached to the letter?
MR. WYLER: It is, Your Honor. It's at
stamp 235, yes, Your Honor.
BY MR. WYLER:
9 Q.
10 copy of the email to Mr. Mendelsohn and the 1; .7.105
11 demand that we issued to the plaintiff?''<,)
13 Q. And, in that letter i)Itt 4'Sgert our
12 A. Yes.
14 position that their dema produce the 2006 grand jury
15 records, that there sis in fact or law?
16 A. Corre
17 Q. G ou know if the newspaper dropped you
18 from e law it within the 21-day safe-harbor provision
19 ' e y statute 57.105?
2 A. They did not.
21 Q. But they eventually did drop you?
22 A. A long time later, they did finally drop
23 me.
24 Q. Okay, but, before they dropped you, did we
25 not file a motion for summary judgment?
Do you recognize that, Mr. Aronberg, as( ..)
Page 54
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([Phone Redacted]
EFTA02734708
Judge Luis Delgado
September 06, 2022
1 A. Correct.
2 Q. And did that include an accompanying
3 affidavit from you?
4 A. Correct.
5 Q. Let me show you a copy of that affidavit.
4104"" c
6 That's at J18. Do you recognize this as a copy of your
7 affidavit?
8 A. Yes.
9 Q. Will you please read it aloud for the
10 Court?
11 A.
12 Q.
13 A.
14
15 Beach Count Flo y, ' in the
16 above-captione Plaintiff is seeking declaratory
17
18
19
The entire page?
Yep. \
"My name is Davi S8$1. ronberg, and I'm
thii .e
2013 and a defendant
the State Attorney for th J icial Circuit, Palm
relief pursuI lorida Statute 905.21(1)(c) and the fi,, ,
Nher t authority allowing plaintiff access to tCou 'n
ti ny, minutes and other evidence presented in
2nd to the Palm Beach County grand jury, the requested
21 aterials, and to use those materials for the purpose of
22 informing the public."
23 "Despite plaintiffs above-described action
24 for declaratory relief, neither myself nor the Office of
25 the State Attorney for the 15th Judicial Circuit (SAO) is
Page 55
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([Phone Redacted]
EFTA02734709
Judge Luis Delgado
September 06, 2022
1 in control, custody or possession of the required" --
2 excuse me -- " of the requested materials."
3 "As such, the declaratory relief sought by
4 the plaintiff seeks materials that are impossible for me
5 or my office to produce. To be clear, neither myself nor
6 the SAO has the legal authority to obtain and deliver the
7 requested materials. I've repeatedly made these facts
8 evident to the plaintiff and the public through not onl O
9 the pleadings and correspondence in this matter, b al
10 through an office press release and my pu al
11 media accounts."
12 "Despite the contention f%ttiff,
it13 neither myself nor the SAO g &h dthority to demand
14 that the clerk grant the a s to grand jury
15 materials after a cri e has concluded. Moreover,
16 during my admi trati , neither myself nor my office
17 has accessl rand jury materials from the clerk's tji rand
18 offs • this dr any other instance."
19 As provided in Section 905.17(1) Florida e c")
2 es, the clerk has sole authority and possession of
21 he requested materials, which can only be released by
22 the clerk pursuant to an order of the Court."
23 Q. Thank you. Do you know of any other
24 substantive action regarding plaintiffs claim for
25 declaratory relief after you filed your motion for
Page 56
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([Phone Redacted]
EFTA02734710
Judge Luis Delgado
September 06, 2022
1 summary judgment?
2 A. After we filed the motion for summary
3 judgment, we included the affidavit, and then there was a
4 -- at some point I was dismissed, and then there was an
5 amended motion after that.
6 Q. That's correct. And I'm going to show you
7 J23. Do you recognize this as a copy of the notice where
8 you were dropped as a party from the lawsuit?
9 A. Correct. C....)
10 Q. What date is that? It's on the to
11 very, very top.
12 A. This was October 21st .
13 Q. Thank you. And, )144,u ere dismissed,
14 are you aware -- yeah, ou ere dismissed, are you
15 aware that the Cou Ily granted the clerk summary
16 judgment in thei av summary judgment in favor of
17 the clerk? \....7.,,,
18 . Yes.
19 . Okay. Just a couple more questions for
2 .
21 There's been some references to maybe the
22 newspaper not just suing you just to get these records
23 for public disclosure. Even Judge Marx said that she
24 thought that there was something else going on. What do
25 you think is the underlying reason here for this lawsuit?
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([Phone Redacted]
EFTA02734711
Judge Luis Delgado
September 06, 2022
1 MR. BIDEAU: Objection, Your Honor,
2 irrelevant as to what the reason is.
3 MR. WYLER: It goes to good faith, Your
4 Honor.
5 THE COURT: All right, overruled.
6 A. Look, it was clear to me from the beginning
7 that this whole lawsuit was a twofer for the Palm Beach
8 Post. Number one, they were able to try to overcom
9 fact that the Miami Herald, a newspaper 90 miles
10 scooped them on the Jeffrey Epstein story,
11 wanted to catch up and be the hero of
S12 narrative. And so they made the e e he center of
13 this whole thing by suing to t illf. ranscripts.
14 And, number the n do it on the back
15 of someone they h e dislike for, and it's no
16 secret in this corlmuni that the Palm Beach Post and I
17
18 one-
19 rs
2 ' s, which stems from a personal vendetta from a
21 eader of the Palm Beach Post, Randy , and me.
22 And then, after he was removed from his position, his
23 acolytes believed that I had something to do with it, and
24 they -- the attacks continued.
25 I mean, they continue even today where
have had n rous battles over the years, usually
w w re the Palm Beach Post has, for the past
as attacked me, written many misleading
Page 58
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([Phone Redacted]
EFTA02734712
Judge Luis Delgado
September 06, 2022
1 there's a front page article about some exaggerated -- a
2 misleading front-page article about a criminal defendant
3 in Broward who is making claims and trying to get my
4 ex-wife's deposition. And the Palm Beach Post, instead
5 of writing the facts about it, sued to get the ex-wife's
6 deposition released.
7 I mean, for years, this has been an ongoing
8 issue between the Palm Beach Post and me, and it's
9 secret. For example, when they hired a reporter
10 my office, who my office, prior to my being
11 prosecuted for crack cocaine. So I w maybe at
12 some point they could find a repo er our office
?4c ,13 who our office did not prose e ck cocaine. So
14 this has been an ongoi 'ng.
15 So this w r stems from two things:
16 The Palm Beac ing to get the Jeffrey Epstein
17
18
19
story back, newspapers and to go after me, and 'i loir
they' ble t l do it. And that's why I insisted that we
2 ‘ Itse t the taxpayers some of their money back
se they had to fight and pay for your legal fees to
21 ght a lawsuit that was, in my mind, frivolous from the
22 beginning because this newspaper knew I never had these
23 documents, I never had control or custody. And it's very
24 telling that now they're trying to move the goal posts
25 and make this about something entirely different.
Page 59
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([Phone Redacted]
EFTA02734713
Judge Luis Delgado
September 06, 2022
1 BY MR. WYLER:
2 Q. Let's talk about that, moving the goal
3 posts. We talked earlier about the wording in the
4 complaint against you. Do you recall the statements were
5 that you somehow denied the Palm Beach Post and the
6 citizens of Palm Beach County the grand jury records they A,..\
Yes.8 A.
7 were requesting? Do you recall that? ( SS
9 Q.
10 whole new argument from plaintiff today; is rrect?
11 A. Yes.
12 Q. And that argument, co I'm wrong,
13 is that they were fine once y u didn't object to
14 the records being relea nd
i,s-.`i. urate?
1 ....e at, for that reason,
15 they dropped you;
16 A. Correa. l '
17 IDEAU: Objection, Your Honor,
18 i Tding
19 HE COURT: Sustained.
2 . WYLER:
Qi
2 Q. Can you please explain your -- your
22 perception of how they moved the goal posts?
23 A. Look, I mean, this lawsuit from the
24 beginning was about whether I had possession, custody,
25 control of the Jeffrey Epstein grand jury transcripts.
And now it appears that we're hearing aC .)
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([Phone Redacted]
EFTA02734714
Judge Luis Delgado
September 06, 2022
1 That's a series of articles they wrote about this. They
2 wrote a long series of articles attacking me for trying
3 to obstruct. Those articles were misleading.
4 The fact that we're here today and now it's
5 not about that, it's about keeping me on the sidelines so
6 I didn't have -- that I didn't object to the clerk's
7 production of these documents is something that I haven't
8 heard before, and I think is so misleading because t
9 whole thing was about the grand jury transcripts. I
10 not about trying to prevent me from saying ing to
11 the clerk.
12 It was clear from the be ' never had
13 these documents. Judge M
14 and that's why we purs sanctions.
15 Q. Thank y n't it -- isn't there a
16 big difference b jecting to the release or
17 intervening' e release and actually being able to ir
18 relea the r t ords?
19 . They sued me to get the records. They
21 sue me to prevent me from speaking up.
21 Q. There's nowhere in the complaint that says
22 that they're suing to you keep you from objecting to the
23 release?
24 A. Not only is there nothing in the complaint,
25 there's nothing in all the articles they wrote. They
t clear on the record,
Page 61
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([Phone Redacted]
EFTA02734715
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8 wouldn't tell the clerk to do something. 0
9 I mean, this thing was about production,
10 custody and control of grand jury docume I just
11 don't believe the Palm Beach Post s ale to
12 change it after the fact.
13 Q. So do you believ e e an agenda
14 against you and were i 'ona y targeting you when
15 they filed this laws
16 A. They alyuffys had an agenda against me.
17
18
219 °
HE COURT: I think you have already
covered it. So I'm going to sustain the
2 objection. That's fine.
22 BY MR. WYLER:
23 Q. Have your friends and family been impacted
24 by the plaintiffs agenda-driven reporting?
25 MR. BIDEAU: Again, Judge, objection,
wanted this thing to continue, to continue to write
articles. It would have been embarrassing for them to
admit that they filed a frivolous lawsuit and then they
had to dismiss me. So they continued these articles way
past the 21-day period, and now, when they got called on
it, they're trying to change the whole case into
4something about how they needed me to stay silent so I
S„
ft i,r,BIDEAU: Objection, Your Honor,
leva e.
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([Phone Redacted]
EFTA02734716
Judge Luis Delgado
September 06, 2022
1 relevance.
2 THE COURT: Sustained as to relevance.
3 MR. WYLER: Thank you.
4 BY MR. WYLER:
5 Q. Do you believe that plaintiffs
6 relationship with you prevented them from accepting the
so,7 ultimate fact that you have no legal right to possession, A9
8 custody or control of the release of the requested gr
9 jury records?
10 MR. BIDEAU: Objection, cumu dge.
11 I think we've been over this. He same
12 question before.
13 THE COURT: We' d this.
14 MR. VVYLER: fud r questions.
15 THE CO T. ss examination.
,---"' 16 MR. ByEA . Thank you, Judge.
17 '----,,13 EXAMINATION
18 BY BIDEAU:
19 Good afternoon, Mr. Aronberg.
2 A. Hi.
21 Q. You said a couple minutes ago to your
22 lawyer that you filed this motion to get the taxpayers
23 back some of their money, right?
24 A. Uh-huh.
25 Q. That's what you said? The taxpayers are
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([Phone Redacted]
EFTA02734717
Judge Luis Delgado
September 06, 2022
1 not out any money, are they?
2 A. It is a contingency-fee basis.
3 Q. Right, and so the answer to question is:
4 The taxpayers are not out any money, are they? You don't
5 owe your counsel a nickel today, right?
6
7
A. I think that's fair to say.
Q. You haven't paid your counsel a nickel 4I1
8 today, right? C)
9 A. We have not.
C ) .'
10 Q. And the only way that your cou any
11 money is if he wins this 57.105 motio
12 A. That's a good point.
13 Q. So under no cir
14 out any money, correct?
15 A. Yeah, I You're right.
16 Q. Okay So, en you testified a few minutes
17 ago that yo d this motion in order to get the r(r5,,
18 taxp rs bItheir money, that was wrong, right?
19 . Look, the fact that our office --
2 Q. Is that right, or wrong?
2 A. Look, I have to dispute with you on that
22 one. Look, look, the fact that our office has spent
23 months having to deal with this frivolous lawsuit, that's
24 taxpayer money. And, yes, so perhaps I misspoke when I
25 said that because the money wouldn't go directly to him
SAS1p re the taxpayers
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([Phone Redacted]
EFTA02734718
Judge Luis Delgado
September 06, 2022
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
1 unless we got something today. But it's clear the
taxpayers are out money when you divert my attention from
real business to focus on your frivolous lawsuit that has
been filed for nothing more than to sell newspapers and
make a profit for your client.
Q. So the only person involved in this lawsuit
-- I haven't seen you — Have you testified in any
hearings in this case?
A.
Q.
A.
Q.
No.
Have you been deposed in this
No.
Okay. So the only thi \done in
this case presumably is chat
A. Are you sayir r o
awyer, correct?
e has done nothing,
has not been distracted abdut this case?
Q. I'm talking about you, Mr. Aronberg.
A. 'ye spent plenty of time about this q lifir,
caseekthavtpent way more time than I ever should have
in a case that I had nothing to do with.
2 ii.-Q. Mr. Aronberg, you said that this idea that
21 Well, let me back up for a second.
22 You said that you thought the Palm Beach
23 Post brought this case for two reasons: One, they
24 brought this case because they don't like you and they
25 wanted to embarrass you somehow, and they brought this
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([Phone Redacted]
EFTA02734719
Judge Luis Delgado
September 06, 2022
1 case because they've been scooped by the Miami Herald, I
2 think you said, right?
3 A. Yes.
4 Q. On the Epstein matter. I mean, you agree
5 that an investigation into the Epstein matter and what
6 your predecessors did in the Epstein matter is a
7 legitimate matter of public interest, right?
8 A. The investigation of Jeffrey Epstein?
9 Absolutely.
10 Q. Absolutely. And the -- And the
11 investigation of what your office by yo SSOr --
12 By the way, nobody has ever sug r. Aronberg, in
13 any of the pleadings filed in
14 personally were involve atgver happened with
15 Mr. Epstein. That complaint, right?
16 There's no refer ou personally having been
17 involved. I the complaint makes it very clear
18 that was our predecessor who was involved, correct,
19
2 AL Correct.
21 Q. Now, so the pleadings we drafted didn't --
22 didn't accuse you of having done anything wrong with
23 respect to Mr. Epstein or the plea deal that got cut or
24 whatever happened with the feds, correct? We acknowledge
25 you weren't around in the pleadings that we filed in this
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Judge Luis Delgado
September 06, 2022
1 case, right?
2 A. You acknowledged that I had nothing to do
3 with the stuff in the past, but you are accusing me of
4 hiding grand jury transcripts that I've never possessed.
5 Q. There's nothing in the pleading that said
6 you hid grand jury transcripts, correct? The request --
7 The lawsuit for declaratory relief was to declare that
8 you either turn over what you had, correct?
9 A. Then you don't read your own newspa
10 Q. I'm talking about the pleadings t
11 filed in this case. I understand that yo cerned
12 about the press side of this. I'm about the
13 legal side, okay?
14 A. The legal sd Sm to get grand jury
15 transcripts, and the e accused me of hiding
16 them.
C.)
17 Q. , so, we can agree that the legal side,
18 the e' here on in this case today, is about
19 nd jury testimony, correct, getting grand jury
2 ripts?
21 A. Possession, custody and control, correct.
22 Q. Incidentally, when my firm first got
23 involved -- Do you have the exhibit binder in front of
24 you?
25 A. I do not.
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([Phone Redacted]
EFTA02734721
Judge Luis Delgado
September 06, 2022
1 MR. BIDEAU: Okay. Can we get an extra
2 copy of it?
3 MS. WHETSTONE: We can pull it up on the
4 screen.
5 MR. BIDEAU: Exhibit 1.
6
7
THE COURT: I'm sorry, what number?
4,4014188\ 1MR. BIDEAU: Exhibit 1, Your Honor.
8 MS. WHETSTONE: Your Honor, may I ap e 9 with the exhibit binder?
12 Q. Mr. Aronberg, it might '' tti 'Cquicker
10 THE COURT: Yes.
11 BY MR. BIDEAU:
a ,13 if I just hand you the binder, a cy at way you don't
Thave to turn around an at I
15 A. Okay, whoxhf is it?
16 Q. Exhi
17 A.
18 . 6hibit 1 is an August 27, 2019, letter
19 tofftt r. r. endelsohn to you, correct?
2 A. Correct.
2 Q. And this was a request for -- Now, prior to
22 this, your office had received a number of public records
23 requests from the Palm Beach Post, correct?
24 A. About -- About this?
25 Q. About the Jeffrey Epstein matter. All my
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1 questions are about the Jeffrey Epstein matter.
2 A. Okay, yes.
3 Q. Okay, and this was the first letter you
4 received from my office, correct? From Mr. Mendelsohn
5 about the Jeffrey Epstein matter, right?
6 A. I don't know if this is the first letter.
7 If you say it, I assume that's true.
8 Q. And, in this letter, Mr. Mendelsohn
9 requests a number of documents and records with
10 to the grand jury matter concerning Mr. Ep rrect?
11 A. I'd have to read it, but, yes
12 your--
13 Q. By the way, your r actually
14 responded to this partic , did it?
15 A. I don't
16 Q. And, fter this letter, if you
17
18 apol e, th der is so big, it's hard to move
19 Cd his letter is dated of August of 2019.
2 THE COURT: What exhibit?
2 MR. BIDEAU: Exhibit 37, Your Honor.
MS. WHETSTONE: It's also on the screen if
that's easier.
THE WITNESS: Maybe I can look at the
screen.
bin
22
23
24
25
clook at tab hich is the very last tab -- and I
t
4 i
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([Phone Redacted]
EFTA02734723
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9 it.
10 You're right, they're not easy to n
11 All right, please continue.
12 BY MR. BIDEAU:
13 Q. Exhibit 37 is an O e , 2019, letter
14 and that's from Mike G another lawyer in my
15 office, to your office i ollowing up on
16 Mr. Mendelsohn' Oct er (sic) 27th letter, okay, and his
17 September s letter. Do you see that?
18 A Ye .
19 ' N Okay. And up to that point in time, we had
2 t received responses to our letters, correct? Do
21 ou know?
22 A. I don't know.
23 Q. Okay. And then -- And then after that,
24 sir, it was on January -- it was on -- it was in 2019,
25 shortly after that, November of 2019 that we filed the
MR. BIDEAU: You can look there, okay.
THE COURT: I'm going to slow you down a
little bit. I can't see the writing on the screen
from that far, so I'm going to flip to 37.
MR. BIDEAU: And, I apologize, I hate these
big binders.
THE COURT: It's okay. I just want to see
what you're talking about as you're talking about...,)
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Judge Luis Delgado
September 06, 2022
1 first lawsuit against you, correct?
2 A. Correct.
3 Q. So, after having sent your office two
4 letters, you don't know if we ever got responses to those
5 letters, we went and filed a lawsuit, and in that lawsuit
6 we named you in your official capacity, correct, not a
7 personal capacity?
8 A. Correct.
9 Q. And whenever you sue the state attom
10 office, and your office gets sued for things
11 time, it doesn't have anything to do wi nally,
12 right?
13 A. Correct.
14 Q. You sue — Y ue a entity like the state
15 attorney's office in e state attorney who is
16 in his official capbcitv,i rrect?
17
18
19
2
21
22
23
24
25
A.
ct; ft[ou talked about your original motion
t
,
, J6, so let's take a look at J6, if you want
at Exhibit 6 in the binder, or can you look at it
p there. I don't really care.
A. Okay.
Q. Let's look at the second page. On the
second page, you --
MR. BIDEAU: Could you highlight, Gerard,
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([Phone Redacted]
EFTA02734725
Judge Luis Delgado
September 06, 2022
1 where it starts with, Plaintiff has
2 improperly..." Down at the bottom, last
3 paragraph.
4 BY MR. BIDEAU:
5 Q. You see you indicate -- your lawyer
6 responded by saying, "Plaintiff," that would be the Palm
7 Beach Post, "is improperly seeking requested 2006 grand
8 jury materials for the purpose of public disclosure
9 pursuant to the Court's inherent authority and
10 supervisory powers over the grand jury."
11 that?
12 A. Yes. 4
13 Q. So at least at tha n , were
14 objecting saying the Po oul t get these, they're
15 not entitled to them ey can't -- because they
16 want to give the the public, right? And that's
17
18
19
what the s p4,e says.
A S
' N Is that what it says?
O Q2 A. Look, you are -- this is exactly the
21 roblem, what you guys did. You filed a lawsuit against
22 us, and the first defense that we had was that we didn't
23 have the documents, but because, as you know, in a motion
24 to dismiss you have to argue as a matter of law. So the
25 only way we could dismiss this frivolous lawsuit is to
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([Phone Redacted]
EFTA02734726
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 prior lett , and the first pleadings you filed
2 dicated that your objection was that we were improperly
21 eeking these materials under the Court's inherent
22 authority and supervisory powers over the grand jury for
23 public disclosure. That was the official position filed
24 by your lawyer, and I understand, you were taking a legal
25 position to dismiss the lawsuit.
argue as a matter of law. And this -- this was the legal
position that says, by the way, under the law you're not
entitled to these documents. And then you -- then your
client then wrote all these articles saying, see, he's
trying to block us, he's trying to obstruct us, without
mentioning the number one defense, which was he doesn't
have the documents. That could have gone a long way.
That could have shown maybe some good faith if yo
have done that.
Q. Mr. Aronberg, in connection wit e
time of the motion to dismiss, you had 9,
your office had done no indicatio y didn't have
the documents, did you, up t 4? tin time? Up to
this point in time. And t on -- this is only
n answer. You hadn't filed late 2019. You had
(-'` any motion.
A. In our motion to dismiss.
cts. You hadn't responded to any of our three
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([Phone Redacted]
EFTA02734727
Judge Luis Delgado
September 06, 2022
1 A. Correct, but also I do want to challenge
2 one part of that. When you say that we -- we were silent
3 over and over again about responding to your public
4 records requests, I have spoken to -- I've spoken to the
5 public records person in my office who believes that she
6 did say that we didn't have the documents to everyone who ...4„,..,
7 has requested them.
8 MR. BIDEAU: Your Honor, I'd move to st •
9 as hearsay.
10 THE COURT: Sustained.
11 BY MR. BIDEAU:
12 Q. And, after you filed thi '
c
'ottrt e Palm
S r13 Beach Post filed an amendep t, correct, and, in
14 that amended complain Po asserted two causes of
15 action, right? One 1ffiutory claim, and one was a
16 declaratory judg~en under the First Amendment and
17 the Court's • rent authority, correct?
18 A C ect.
19 ' N And the motion to dismiss and the arguments
2
Q
' t of Judge Marx all went to the statutory claim,
21 of to the second claim, the declaratory judgment claim,
22 correct?
23 A. The Marx hearing was about Count 2.
24 Q. Count 2, the statutory claim, correct?
25 A. Correct.
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1 Q. And, so, when we look at -- I've got the
2 complaint here because I want to read it. The first
3 amended complaint, which is J9, and if you take a look at
4 J9 --
5 THE COURT: Let me stop you for one second.
6 So I'm flipping through these, but, like, for
7 example, right there, I can't — I can't see that.
8 MR. BIDEAU: Right, I know. c)
9 THE COURT: But I saw that you were a to
10
12 THE COURT: -- and l' -:\tit )g 'C
11
ask him to
13 do that, that way I don
14 MR. BIDEAU: to ask him to blow
15 it up so you
16 THE UR :'Thank you very much. I
17 appre. 10.
18 BY XBID'6,AU:
19 s \ 7' So let's take a look here at Count 1 for
0 1
2 atory relief.
21 MR. BIDEAU: Gerard, it's on page 19.
22 Okay, just blow up the Count 1 for declaratory
23 relief, please, that section.
24 BY MR. BIDEAU:
25 Q. Then, with respect to paragraph 7, do you
blow up a portion of —
MR. BIDEAU: He is.
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([Phone Redacted]
EFTA02734729
Judge Luis Delgado
September 06, 2022
1 see that one of the allegations is that the Post
2 respectfully requests the Court declare that, pursuant to
3 Florida Statute 905.27(1), it is entitled to access to
4 the testimony, minutes and other evidence presented in
5 2019 - 2006 to the grand jury because such disclosure
6 and access would be in furtherance of justice, and then
7 it cites to 905.27(1)06 (sic), correct?
8 A. Yes.
9 Q. And it says, because the Post is not
10 seeking these materials in connection with it or
11 criminal case, it seeks a declaration — ords,
12 it asks the Court, hey, construe ra ph, construe
13 the statute to allow us to giv to the public
14 because we recognize 's a interest of justice
15 provision in that sta ct?
16 A. Well, is w it says it is.
17 Q. O And that's what it says, right, in
18 furtherance of justice? That's what the request was?
19
2
21
22
23
24
25
(v . Again, it is what it is.
6.-Q. Okay. And then paragraph 71, the Post
eeks a further declaration that disclosure of the
testimony, minutes and other evidence presented to the
grand jury is appropriate pursuant to the Court's
inherent authority over grand jury proceedings because of
the exceptional public interest in this case and
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([Phone Redacted]
EFTA02734730
Judge Luis Delgado
September 06, 2022
1 compelling circumstances supporting transparency. Do you
2 see that?
3 A. Yes.
4 Q. Okay, and, with respect to paragraph 71, do
5 you know what the answer was --
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2'
21
22
23
24 72.
25
4•A'
A. No --
Q. -- that you filed?
A. -- not offhand.
MR. BIDEAU: Okay. Can we pull up thsC
answer to 71? That's J2, page 10, 7
BY MR. BIDEAU:
''
Q. As to 71, you admit tha iijsZk
declaration, but you deny th r of paragraph 71
So, in fact, although we were asRCng in 71 that the Court
uses its inherent authority over grand jury proceedings,
because of the exceptional interest in this case and
compelling • mstances, that the Court declare that :wrwe'r low7 o use this testimony, your answer was,
a your declaration, but we deny paragraph 71.
• •u asked the Court to deny that relief?
A. It is what it is.
MR. BIDEAU: Okay. And then we'll go to
paragraph 72. I think you have a slide on that,
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([Phone Redacted]
EFTA02734731
Judge Luis Delgado
September 06, 2022
6
7
8
9
10
11
12
13
14
15 presented, right?
16 that.
17
18
19
1 BY MR. BIDEAU:
2 Q. And, in 72, we say, the Post has sought
3 from defendants, but defendants have refused to provide,
4 access to the testimony, minutes and evidence presented
5 in 2006 to the grand jury. Indeed, defendants have each
filed motions to dismiss the complaint and the reliefs
sought under 50 -- 905.27(1). Accordingly, a good faith
dispute exists between the parties. Do you see that? O
A. Yes.
Q. And you see in that case your o
dCladmitted that, your lawyers admitted t t,
\
e
e een the
is had refused to
inutes and evidence
admitting there was a good faith
parties and admitting that th
It ...,provide access to the to ny,
Ij ation, you all just admit
A. Arir1, it is what it is.
S itzt. Now, you said that this argument that
. tone made during her opening statement, that the
2t7 at you wouldn't object to disclosure, was
21 omething new, that just popped up at this hearing, that
22 -- I think your phrase was, "you moved the goal posts,"
23 right --
24 A. Yes.
25 Q. -- at this hearing? But that's not true
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([Phone Redacted]
EFTA02734732
Judge Luis Delgado
September 06, 2022
1 either, right, because that issue had been raised with
2 you all the way back in June of 2020, right?
3 A. Are you saying this lawsuit was about that?
4 Is that what you're saying, or are you saying that it was
5 about possession?
6 Q. The issue — The issue of your position
7 with respect to whether you would agree with -- I'm sorry
8 -- whether you would object to the request to have th
9 records released was an issue that had been raise
10 Mr. Mendelsohn back in June of 2020, CAR
11 A. Can you restate the questi
12 Q. Sure. Let me -- Let m it a
13 little more articulately beca (s tha s pretty
14
15
16
17
18
19 I
terrible. Let me get the r outto make it easier
for all of us. J16, p
You'v ee this letter, right, Exhibit 16?
A. of sure if I've seen this one. Pil igiwy
4i
tr
t. 0 ay, well, did you know that, when your
lirr d his 57.105 motion back in early June and
2Q fad that two-page letter that he served it with,
21 'ght, and he laid out, we don't have the records, right?
22 A. Correct.
23 Q. Which is the basis for your 57.105 --
24 A. Yeah, correct.
25 Q. -- we don't have it, leave me alone.
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1 A. Well...
2 Q. Basically.
3 A. Yeah, no possession, custody or control.
4 Q. Okay, no possession, custody or control.
5 Mr. Mendelsohn, a couple weeks later, wrote
6 a letter back, right? Do you remember seeing that?
7
8
9
10
11
12
13
14
15
16 A.
17 Q.
18 out
19
2
21
22
23
24
25
A. This is the letter you're referring to?
Q.
the binder.
: o7C
That's the letter, and it's under tab 16 in O
(..)
A. Again, I don't remember seeing t
Q. Can you flip to the second
A. This letter was written
Q. To your attorney, • t
A. -- back in June" 202 .
Q. June 23
No, I ember reading this letter.
, well, let me see if I can help you
W uld you go to the middle of that paragraph
Clit ys, "The state attorney was named..." Can you
above that, where it says, "The state attorney was
amed as a party, not simply" -- Do you see it? Okay.
Do you see Mr. Mendelsohn writes back, he
says, "Assuming the state attorney does not currently
have physical possession of the Epstein grand jury
materials" -- I mean, by the way, the Office of State
\jomey —
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([Phone Redacted]
EFTA02734734
Judge Luis Delgado
September 06, 2022
1 Attorney at some point would have had possession of the
2 materials that were going to be presented to the grand
3 jury, right? I mean, the office presented this stuff to
4 the grand jury. You would have had possession.
5 A. If you're talking about the transcripts,
7 44OAlik'
6 no.
Q. No, but I'm talking about the other
8 materials, the investigative materials, the exhibits, th O
9 minutes, the other things like that.
10 A. The minutes? )
11 Q. Your office would have haktO
12 A. The minutes? I don't AD. I guess
13 it depends. I don't know ho it back in Barry
14 Krischer's administratio t th\ endocuments that you
15 asked for, I've nev that's the only question I
16 had.
C.)
17 Q. hold on. You mean the transcripts,
18 beca in t complaint, we actually ask for more than
19 rip
2 A. Right, but those are documents I've never
21 ad, and that's the whole thing.
22 Q. You personally never had them, but --
23 A. Right.
24 Q. -- you agree with me, the Office of State
25 Attorney would have, during the course of the
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1 investigation, would have had those materials, it had to?
2 A. Again, I don't know what Barry Krischer's
3 administration had back then.
4 Q. Well, when you got the public records
5 request, did you have somebody go back and look and see
6 what they had?
7 A. Well, obviously, when we got public records
8 requests, we try to fulfill all of them. P
9 Q. Right, and you don't know personally C
10 sitting here today what was done to respo
11 Mr. Mendelsohn or Mr. Grygiel, my p I ers
12 asking for materials from back du arry Krischer
13 days, correct? Because the Aso no response to those
14 letters even to today.
15 MR. WY
16 letters and the Chapter 119 request have nothing
17 do wit s lawsuit. They're not referenced in
18 la it. They have no bearing on the
19 ested relief that plaintiff is requesting
2 ere.
21 THE COURT: Overruled.
22 BY MR. BIDEAU:
23 Q. And so --
24 THE COURT: Can you repeat the question?
25 MR. BIDEAU: Sure, I'll repeat the
ction, Your Honor, those
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([Phone Redacted]
EFTA02734736
Judge Luis Delgado
September 06, 2022
1 question.
2 BY MR. BIDEAU:
3 Q. You don't know what anybody in your office
4 did to respond to Mr. Mendelsohn or Mr. Grygiel's
5 letters, Exhibit 1 and Exhibit 37, correct? You don't
6 personally know?
7 A. It is my understanding, based on
8 conversations I had with the office, that every public
p
O l )
9 records request has been responded to and that le
10 were told, who requested Jeffrey Epstein
11 transcripts, that we did not have them
12 Q. Mr. Mendelsohn and cJleI, in those
13 letters, request a lot more th scripts, right?
14 They wanted evidence. y w ted exhibits. They wanted
15 that sort of material et c . That was Exhibit 1 and
16 37, we looked a
17 A. I say "transcripts," I mean records, I
18 mead rd , that anything we had, we put then out on
19 that your client refused to acknowledge.
2 Q. Well, the portal was things you'd already
21 roduced. That's what -- Your press release says this is
22 all the stuff we've already given out, right? That's
23 already been in the public, right?
24 A. Yeah.
25 Q. Okay, well, but you understand, we were
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Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2
21
22
23
24
25
asking for stuff that you hadn't yet given out, and, as
best you know, you don't have any personal knowledge as
to whether or not — what happened to those requests, to
Mr. Mendelsohn's request or Mr. Grygiel's request, right?
You personally don't know?
A. Well, again, you objected because of
hearsay before, but, in speaking to an individual who
does public records in my office, I've been told that
that person had said whether or not we've had tho
documents, and so I believe that everyone .uested
documents were told truthfully whethe ose \ n
documents or not. And we can u c ents in a broad --
in a broad way.
Q.
A. Correct.
Q. But y
In a broad sej .,ig( Sh.
have copies of any responses
or that went k to Mr. Mendelsohn or Mr. Grygiel in my
offi en t y requested documents, correct? c..c,
A. I would think that Mr. Wyler would have
hing that we produced.
Q. Okay. Now, Mr. Mendelsohn, back in June
of 2020, in response to your first 57.105 letter, he
says, The state attorney was named as a party, not simply
as custodian of the grand jury -- the grand jury records.
The state attorney was named in his official capacity as
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1 his office has, quote, as his primary interest,
2 protection of its grand jury system, and he cites to a
3 11th Circuit decision. Do you see that?
4 A. Yes.
5 Q. Okay. And, in that case, the U.S. petition
6
7
8
9
10 custody; you were named in that case basic use
11 you're in charge of the grand jury pr ad the
12 right to object if the clerk wanted those
13 records or not.
14 A. Where does jWa .
15 Q. It's in the(%ase indicates that,
16 when one seeks ran ry materials, the relevant state
17 attorney is cessary party in order to protect the t:k .r,
18 gran ry sy tern, and the Office of State Attorney
-- he goes on to explain it. He goes on to explain that
the Broward County State Attorney was involved in this
case, and so Mr. Mendelsohn was indicating to you ic .)
case where you were named not only whether you d
it to make arguments if needed against release
2 grand jury materials. Do you see that?
21 A. Yes.
22 Q. So Mr. Mendelsohn was telling you, as
23 opposed to what you said a few minutes ago in here, that
24 the first time you saw these goal posts being moved,
25 Mr. Mendelsohn -- was today when Ms. Whetstone testified
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Judge Luis Delgado
September 06, 2022
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2
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4
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6
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8
9 Q. I'm asking about the -- I'm asking about
10 the --
11 A. Well, the letter you wrote a I
12 after the complaint, the letter you' g me here
13 that was sent to Mr. Wyler is a ys it is.
14
15
16
17
18 argu
19
2
21
22
23
24
25
-- I mean, when Ms. Whetstone talked. In fact, all the
way back to when the very first 57.105 motion was filed,
Mr. Mendelsohn told you that one of the reasons that the
Post sued you in this case was in order to address the
situation that you had the right, if you thought it was
appropriate, to object to the release of materials. Do
you see that?
A. Was that in the complaint?
Q. Correct. -0 --- ,
A. That's on not in the complaint, right?
Q. But y told me that this idea of moving
the goal po that the Post was suddenly making that it,,, p,
t, yo told everybody in this courtroom a few
o that just happened today, I mean, they're
oving the goal posts on me. Well, if the goal
sts are being moved, that was back on June 23rd of
2020, and you remember seeing this, right?
A. Again, I don't remember seeing this letter,
but, again, this was not part of the complaint. This is
an after-the-fact letter from Mr. Mendelsohn to my
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September 06, 2022
1 lawyer.
2 Q. Correct, and so --
3 A. Okay.
4 Q. -- you -- neither you nor your lawyer ever
5 responded to this letter, right?
6 A. Well, you'll have to talk to my lawyer
7 about that. Obviously I don't personally respond to
8 letters written to my lawyer.
9 Q.
10 with the pleadings, but you're not familiar wi
11 particular letter?
12 A. Again, I don't rememb -this letter.
13 Q. Now, Mr. Mendel Nilf es in the last
14 sentence, These are so if th same reasons why the
15 state attorney was i his case. Do you see that?
16 Very last sentenof t paragraph.
17
18
19
O CCorrect. But you told us you're familiar
A. Y5 4,
/A BIDEAU: Can we take a look at S ib
it 21? Do you have Exhibit 21 up?
22 Can you -- Can you blow up the part that's
21 highlighted, please, and I'll read it?
22 BY MR. BIDEAU:
23 Q. Now, Exhibit 21 is Defendant David
24 Aronberg's response to plaintiffs memorandum in
25 opposition to the 57.105 motion, the original one filed
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Judge Luis Delgado
September 06, 2022
1 back in June of 2020. And do you see in paragraph -- in
2 the first paragraph, you indicate, quote, Nonetheless,
3 the state attorney has no objection and never had any
4 objection to the Court releasing the records sought by
5 plaintiff as to the disclosure of the requested materials
6 sought herein lies within the province of the clerk
7 pursuant to the order of the Court. Do you see that?
8 A. Yes. C 4.) .'
9 Q.
10 -- Strike that.
11 First of all, obviously you kn
12 an issue back in October of 202 aZ4that the Post
c ,13 was arguing that one reason ed to be in this case
14 was because you had t ht t object, because you
15 address that issue i of 2020, correct?
16 A. Here. L
17 Q. It" kright, as of October 2020. So that
18 argu t ha been raised not for the first time today,
19 2020, right, Mr. Aronson?
2 A. Aronberg.
21 Q. Aronberg. I'm sorry.
22 A. This is what it says it is.
23 And, again, I felt that this sentence was
24 consistent with what our position always has been
25 because, when we were forced to do the motion to dismiss,
C.)And this is the first time in any pleading
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Judge Luis Delgado
September 06, 2022
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13
we were forced, because of a matter of law, to make the
legal argument as a legal matter that the Post is not
entitled to this, but as far as my belief of whether I
care whether these grand jury documents are released,
I've never cared one way or the other, but, because of
this, in my view, bad faith lawsuit, you forced us to do
a motion to dismiss that told you we don't have this
stuff, and, secondly, we had to do a response as a tO
of law.
Q. Okay, now let me get back to m
4My question was: You told the Court ay that
this moving the goal posts, this id ou had the
right to object and we wante sure you weren't
14 going to object was so g tlTat came up for the first
15 time today, and tha ' e, was it? That issue
16 came up back in une 2020 at the -- at the latest when
17 Mr. Mendel> i put it in his letter, and you saw it
18 nece ry to ddress it in October of 2020, right?
19 . So the letter that I said I don't remember
2 g is the letter that you say put me on notice that
21 is argument was being made?
22 Q. Well, that letter certainly put you on
23 notice if you didn't know it before that, sir, because it
24 says it clear as day.
25 A. But it doesn't make my statement
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September 06, 2022
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inconsistent. It said, again, that I was not aware of
your moving the goal posts, and, besides, it doesn't
matter because this whole thing is about possession,
custody and control, which you informed of that we didn't
have. Now you're saying, well, this whole thing was
about you wanted me to talk to the clerk, or you didn't
want me to talk to the clerk, and to me that's
disingenuous because that's not the subject of this O
lawsuit. c)
You mentioned in a sentence tha
11 Mr. Mendelsohn wrote to my lawyer han the
12 complaint, well after the complain entence in a
13 letter to my lawyer, and you' S Ng, aha, we wanted ii
14 this the whole time.
15 Q. Well, ce • wanted it the whole
16 time, and we wa ted i the, as Mr. Mendelsohn will
17 testify, and Mendelsohn wrote that when your lawyer
18 sent 7.10 , t saying our case isn't frivolous, we think
19 ffi might have possession of the records, at
2 some of the records that we were seeking, and in
21 ddition, your office has the right to object.
22 A. Did you put that in the complaint? You
23 didn't put that in the complaint.
24 Q. I know it's hard for a lawyer to not ask
25 questions, but --
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Judge Luis Delgado
September 06, 2022
1 A. Fair enough. Fair enough.
2 Q. And try not to argue because our court
3 reporter is going to kill us.
4 Okay, in any event, Mr. Aronberg, in the
5 October 14th, 2020, response, you indicate that the state
6 attorney has no objection, okay, to the clerk producing
7 these records if the clerk produces them, right?
8 A. Right.
9 Q.
10 had already produced them without -- well, ly --
11 nobody could find a court order -- had to the
12 U.S. Attorney and the FBI years ht?
13 A. I guess so. I me t there years
14 earlier, so if that's what en yes, sure.
15 Q. And, by hortly after you filed
16 Exhibit 21 is why alm Beach Post dismissed the
17
18
O AS'A
And you know, by the way, that the clerIC
case, rights within 14 days of that, correct?
do it up there. Maybe 17 days?
2 Q. Right. All right, you indicated on the
19 . Whatever your timeline says.
21 20th is the first time you stated you had no objection to
22 production of the materials, okay, and then on
23 October 21st, now that you said you don't have them and
24 you don't object, the Post dropped you as a party seven
25 days later, see that?
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1
2
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5
6
7
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9
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11
12
13 A. Correct, correct.
14 Q. But the moti 're Rere on today,
15 according to the Co and the notice, is your
16 amended motion was never served prior to being
17
18
19
A. Yeah.
Q. Right? Okay. And then 17 days later, you
file an amended motion which makes a host of arguments
not set forth in your original motion back in June
of 2020, correct?
A. Well, you have to ask Mr. Wyler about the
substance of that, but I know that the motion — the
amended motion was filed after I was already dismisse
from the lawsuit and after your client failed to dism
me within the 21-day IM period.
Q. Well, that's the 21-day gra or
the first motion that you filed, corr
filed, corre
W I, are you saying that the filing of the
d ction means that the first motion is now void, it
2Q oes away, it didn't exist?
2 Q. We're going to be arguing that to the
22 Judge, but the filing, under the law, the filing of a
23 second motion that raises new and different arguments
24 absolutely goes away, the first motion goes away.
25 A. But the whole purpose of the 21-day notice
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September 06, 2022
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7
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12
13
is to give you a chance to dismiss me, and I was already
dismissed by that point, so --
Q. So let's take that to its logical -- Let's
assume you had gone ahead and served this back, say, back
here in October, okay, and then you filed that response
and we looked at it and said,,, he's now admitting --
he's now saying he's not going to oppose it. If we had
dismissed you right then, you'd have no fee claim, ri
because under the rule, we're allowed to dismiss.
A. You get 21 days.
Q. We get 21 days, right. So)S t
served it all the way back here in and if we had
ou'd have no fee gotten your response and di
14 claim, right? We would, go en your 57.105, and
15 within the peri wg ould have dismissed it,
16 right?
17 A. If the second one was filed before I was
7
18 dism sed, within the 21 days --
19 Yes, sir.
2 vA. -- and the case was still pending? Then,
21 eah, you'd have a much better argument. But you don't
22 have an argument now because, under the first --
23 Q. We'll argue -- We'll argue that to the
24 Judge --
25 A. All right, fair enough.
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September 06, 2022
1
2
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4
5
6
7
8
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10
11
12
13
14
Q. -- as to whether we have an argument now.
We think the Fourth is pretty clear on that one.
MR. BIDEAU: Would you bring up, please --
just last question -- Exhibit 25, paragraph 20?
BY MR. BIDEAU:
Q. And this is -- this is your amended motion,
and you say, The state attorney has no objection to the
clerk producing and disclosing the requested materi
should the Court grant an order to that effect; how
it is impossible for the state attorney to co
the relief, blah, blah, blah, because yo that
argument before.
That argument tha no objection to
the clerk producing the west materials was not set
15 forth in your original • our original 57.105
16 motion, correct?
17 A. IviSreve that's correct.
18 M BIDEAU: That's all I have, Judge.
M
219 0 HE COURT: Redirect?R. WYLER: Just real quick.
21y REDIRECT EXAMINATION
22 BY MR. WYLER:
23 Q. Mr. Aronberg, you were just talking -- or,
24 just being asked questions about the public records
25 requests that were made of your office.
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Judge Luis Delgado
September 06, 2022
1 Did the plaintiff ever file a Chapter 119
2 lawsuit against your office for those records?
3 A. No.
4 MR. WYLER: No further questions.
5 THE COURT: Is Mr. Aronberg excused?
6 THE WITNESS: Thank you, Your Honor.
7 MR. WYLER: Yes, you're excused.
8
9
10
11
12
13
14
15
16
17
18
19
2
21
22
23
24
25
MS. WHETSTONE: Your Honor, may we t O
five-minute break?
THE COURT: We'll be back in a
be in recess, we'll say 5 to 10 ml „s ty
(Off the record from 3:39.
3:57 p.m.)
S \'- 'Le.....,THE COURT: ight, please be seated.
MR. WYL • Y Honor, before I rest, I
just wante o the Court that plaintiff and
defentwrel, we've -- we've agreed on all
seethilpits, that joint exhibit book. We just t
a ed to make sure that all exhibits, 1 through
7, are recognized by the Court.
THE COURT: All right, so Exhibits 1
through 37 of this joint binder have been
stipulated to and are in evidence, and that's the
an agreement of the parties.
MS. WHETSTONE: Yes, Your Honor.
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Judge Luis Delgado
September 06, 2022
1 MR. WYLER: Thank you, Your Honor.
2 (Joint Exhibits 1 through 37 were admitted
3 into evidence.)
4 Defense rests.
5 THE COURT: But not this timeline, correct?
6 This is not?
7 MS. WHETSTONE: That's correct. That's a
(
9 THE CLERK: Thank you.
8 demonstrative. Thank you, Your Honor. 5)
10 MS. WHETSTONE: The plaintiff ephen
11 Mendelsohn.
12 THE COURT: Before w )illis, how long is
13 Mr. Mendelsohn going t eSsf_ day?
14 MS. WHETSTOQtL1 W will make this as fast
15 as possible.
16 THE CO m not trying to rush you
17 through hing, but we're done at 5:00 today.
18 1E. HETSTONE: Thirty minutes.
19 T COURT: And after Mr. Mendelsohn, are o )
2 done?
2 MS. WHETSTONE: Yes, Your Honor.
22 THE COURT: Okay. In the event that you're
23 going past 5 -- we're not going to go past 5, but
24 in the event you need to go past 5, I'll bring you
25 back in later in the week. It won't be tomorrow.
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Judge Luis Delgado
September 06, 2022
1 Tomorrow I have another matter that I have to hear
2 in the afternoon. But, in the event we need to go
3 past 5, even if it's for argument, probably
4 Thursday or Friday in the afternoon, I'll bring
5 you back.
6 If the testimony is going to conclude today
,0 41k-
7 or mostly conclude today and the only thing left
N 8 are your arguments of law and your argumenZ oo
9 the findings of fact, then that might be some 'n
10 that we end up doing on Thursday or
11 afternoon, okay?
12 MR. WYLER: Yes, Your i:i t,' I think it
13 might be worthwhile to p l4t, o the Court that %.,
14 the reasonableness se this, if we get there,
15 we've already a t there would be no
16 experts, so I t t could dispense with that.
17
18
19
2
2
22
23
24
25
I am 0 ted up in Amelia Island, Florida, 17 ,,,,
so I, n—
QA' TAt COURT: Fifteen minutes away.
R. WYLER: Super close. So I don't know
if it would be possible, if we finished with the
testimony today, if maybe we could make written
closing arguments to the Court instead of coming
back?
THE COURT: How do you feel about writing?
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Judge Luis Delgado
September 06, 2022
1 MS. WHETSTONE: We would have no objection
2 to that if Your Honor would prefer. Whatever Your
3 Honor prefers, we will do.
4 THE COURT: If you guys don't mind writing.
5 I mean, I think people are better in writing.
6 People overestimate their oratory skills, but
7 okay.
8 THE CLERK: Do you solemnly swear or a
9 that the evidence you're about to give will be
10 truth, the whole truth and nothing but
11 THE WITNESS: Yes.
12 Thereupon,
13 STEPHEN MENE)g 6 , ESQ.,
14 having been duly sworn e C rk of the Court, ,414Z ....e
15 responded and tes s lows:
16
17
18
19
THE UR :'Whenever you're ready.
Mf 4r,HETSTONE: Thank you, Your Honor.
tRECT EXAMINATION
2
t('-ii)VHETSTONE:
. Good afternoon, Mr. Mendelsohn.
21y A. Hello.
22 Q. Please introduce yourself to the Court.
23 A. Yes. I am Stephen Mendelsohn.
24 Let me just move a little closer.
25 Yes, I'm Stephen Mendelsohn, and I'm an
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September 06, 2022
1 attorney at Greenberg Traurig in the Fort Lauderdale
2 office.
3 Q. Please let us know your educational
4 background.
5 A. I have a bachelor's degree from Colgate
6 University in Upstate New York, graduated in 1980 and -- A
7 in economics, and I have a J.D. degree from Hofstra
8 University School of Law from 1983. IC.:
9 Q. And what's your work experience going
'
10 backwards in time?
11 A. I've been at Greenberg Tra
12 commercial litigator for approxim ars, and all
13 that time I've been a shareh eenberg. As I
14
15 present. Previous
16 office of Greenb
17
18 Ruth
19 Ii
to Z
9 ...flysaid, I work out of the F ud dale office at
as in the Boca Raton
rig, so going back 20 years.
Br r that, I was an attorney with
d , (hull & Wargo in Boca Raton, also commercial
nd, prior to that, I was a named partner a
2O -in Miami. That was Carolonga, Langen, Lorenza
21 phonetic) & Mendelsohn, and before that, I was an
22 assistant attorney general for the State of New York.
23 Q. In what states are you licensed to practice
24 law?
25 A. New York and Florida.
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September 06, 2022
1 Q. At Greenberg Traurig, what types of cases
2 do you practice?
3 A. A variety of commercial litigation,
4 copyright, trademark, securities, real estate disputes,
5 disputes over employment, contract, fraud. Also, not
A„k6 just simply commercial, but I also do defamation defense,
7 First Amendment cases on defamation, and I do trial work
8 and appellate work. 0
9 Q. When you were at the New York State
10 Attorney General's Office, what types of ca you
11 handle?
12 A. I was in the Litigation \t f- abor
13 Statistics, and that's civil liti arily civil
j‘ ...,14 rights and constitutional caste involving 42 USC
15 Section 1983, wher rk State and its officials were
16 sued in their offs city. That included cases
17
18 Amendrnent casionally, and the Eighth Amendment and
under
19 F ( nth Amendments to the U.S. Constitution.
2 vQ. Are you AV rated?
21 A. Yes, AV rated as well.
22
23 disciplinary action?
24 A. Never.
25 Q. Ever--
Q. Have you ever been sanctioned or subject to
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Judge Luis Delgado
September 06, 2022
1 A. In any jurisdiction.
2 Q. Ever had 57.105 sanctions or Rule 11
3 sanctions awarded in any case that you've worked on?
4 A. This is the first motion ever under 57.105
5 or Rule 11 under the federal rules or any of that.
6 Q. So besides this case, no?
7 A. No.
8 Q. You've never had any motion raised?
9 A. No. No, M.
10 Q. How did you first get involved w
11 Jeffrey Epstein case on behalf of the ,P`
12 A. I was contacted by M' el from our
13 Albany office. He represent r of media and
14 newspapers throughout Unit d States, and essentially
15 he heads the medi Greenberg Traurig. And he
16 was looking for to help the Palm Beach Post in
17
18
obtaining dents from at that time the state
atto s offlee here in Palm Beach County.
19 . When were you contacted by Mike Grygiel?
2 vA. When approximately?
21 Q. (Nods head up and down.)
22 A. In the summer of 2019. It's Grygiel,
23 G-r-y-g-i-e-l.
24 Q. Thank you. So here, around -- on the
25 timeline, I'm indicating July 2019?
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September 06, 2022
1 A. Yes.
2 Q. And what did the Post want to find out and
3 inform the public about with regard to Jeffrey Epstein?
4 A. Right, at that time, the Epstein matter was
5 back in the news. Mr. Epstein had been arrested by the
6 FBI, and he was being prosecuted by the U.S. Attorney's
7 Office in the Southern District of New York and was in
8 custody. 0
9 So the issues of the plea deal that had
10 been worked out by Mr. Krischer's office b 106 was
11 back in the news, and, in particular, P rump's
12 Secretary of Labor, Alexander Acct a at time was
13 the U.S. Attorney in the Sou lOt ict of Florida who
14 also helped negotiate a aiTd the non-prosecution
15 agreement, and th ig firestorm as to whether or
16 not Mr. Acosta s should not resign as Secretary
17 of Labor.
18
19 ird to the prior grand jury investigation by the
. V at was the Post interested in finding out
2
4 :t
each County State Attorney?
21 A. Well, because of the firestorm surrounding
22 Alex Acosta and the re-arrest, or new arrest, I should
23 say, of Jeffrey Epstein, the Post was interested in
24 looking back again as to what Barry Krischer's office as
25 state attorney did in terms of using or misusing the
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September 06, 2022
1 grand jury process, in terms of the prosecution of
2 Jeffrey Epstein both in terms of the very light
3 non-prosecution agreement that they allowed him to enter
4 into, as well as the extremely lenient sentence that he
5 had.
6 Q. Were you involved in drafting letters to
7 the state attorney's office seeking documents relating to ''S ,
9 A. Yes. C O
8 the Epstein prosecution?
10 MS. WHETSTONE: Would you firing up
11 Exhibit 1?
12 BY MS. WHETSTONE:
13 Q. We're pulling up tii .i the joint
14 exhibit binder. It's an A t 27th letter.
15 A. Yes.
16 Q. Or, a uall , r. Mendelsohn, please let me
17 know what ' letter is.
18 Y , this is Joint Exhibit 1. This is a
19 I to on August 27, 2019, to State Attorney Dave
2 berg on behalf of the Post requesting specific
21 ocuments related to the grand jury investigation of
22 Jeffrey Epstein.
23 Q. What were you seeking in this letter?
24 A. Particularly, we were interested in items
25 stated on pages 2 and 3, some of what we were looking at.
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September 06, 2022
1 We were very interested in finding out the conversations
2 between defense counsel, that's criminal defense counsel
3 for Mr. Epstein and, in particular, Alan Dershowitz and
4 Mr. Krischer's office.
5 We knew from investigation that
6 Mr. Dershowitz had provided Mr. Krischer with exhibits or ,..4,..
7 documents which went to injure the testimony -- the
8 credibility and the testimony of the young woman wh
9 testified before the grand jury. I mean, we were
10 for those communications between Mr. Kn iffice
11
12
13
14
15 Mr. Krischer's off
16 Office because t dues were coming to the fore
17 because of Acosta, and we did know that there were
18 such
7, ,c, mu ications, and we wanted those documents to go
19 , o ate Post for public disclosure.
2 Q. What was the state attorney's office's
21 esponse to this August 27th letter?
22 A. I never received a response to this letter.
23 Q. Were there other letters from Greenberg
24 Traurig to the state attorney's office following up?
25 A. Yes. Mr. Grygiel wrote a letter to the
and defense counsel, in particular wh rshowitz
and others from the defense prov e materials to
edamage the credibility of the Sji,r witness. ik
We also want m nications between
BI and the U.S. Attorney's
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Judge Luis Delgado
September 06, 2022
1 state attorney's office as well. When I didn't receive a
2 response, I guess he felt whatever, but he did send that
3 next letter.
4 Q. Okay, so I'm pulling up Exhibit 37. Is
5 this -- Let me know what this is.
6 A. Yes, this is Mr. Grygiel, from our Albany
41,1147 office, this is his letter to State Attorney Dave l y
ii ".2) 8 Aronberg, October 9, 2019, reiterating some of the t '
9 that we thought were in the possession of the stat
10 attorney's office but had not been provided alin
11 Beach Post.
12 Q. Did you get a respons en) a
13 response to this letter?
S'\' 14 A. No.
15 CI Did you rE documents that were
16 provided by the orney's office to the Post?
17 A. Before -- Sort of in the middle of
ICt
18 this, Pal each Post, before I had written, had made
19 is cords request of the state attorney's office,
2 ome materials had been provided, and we did go
21 hrough that, those materials. They did not include
22 those that I mentioned in Joint Exhibit 1, which
23 particularly were missing the Dershowitz communications
24 and the communications with Mr. Krischer's office, the
25 FBI and the U.S. Attorney's Office.
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Judge Luis Delgado
September 06, 2022
1 a So what information what additional
2 information was needed that the Post NO3 seeking?
3 A. We wanted to see why the grand jury was
4 used in such a way as to result in a very lenient charge
5 for Mr. Epstein, as well as the lenient sentence that was
6 part of the non-prosecution agreement.
7 We knew from the Post's investigation and
8 from other materials we had assembled that there w
9 there was a grand jury that was empaneled. In fa
10 there was two. The first one was canceled
11 second one was conducted, and a wit tim did
12 testify. And we were on fairly ce rdlmd that the
13 state attorney's office under Cher undermined
14 her credibility with mate ' pro ed to Mr. Krischer
15 by defense counsel
16 Q. Did y
17
18
19
2
21
22
23
24
25
A. d we did not get those materials back
from -e stat attorney's office. 10\.,
CI Did you review any other information to
he conclusions about the grand jury indictment?
A. Yes. I wanted to say that I was not the
only one working on this at Greenberg Traurig. In
addition to Mr. Grygiel, Nina Boyajian of our Los Angeles
office, who is a First Amendment expert, was also part of
our team. She is very well versed in First Amendment
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Judge Luis Delgado
September 06, 2022
1 issues, especially when it comes to representing the
2 media's interest under the First Amendment.
3 So we also had paralegals tasked with that
4 responsibility, too. We had assembled deposition
5 transcripts, affidavits that had been submitted in
6 various cases. I personally have spoken with the Town of
7 Palm Beach County -- the Town of Palm Beach Chief of
8 Police Reiter and discussed his testimony with him i
9 civil cases. I've obtained his deposition transcripts
10 We spoke to only a few of the plaintiffs' la the
11 cases, but some of them did provide erials.
12 There was a voluminou of materials
(4;SI513 we used. We also went bac o t minal case where
14 the materials were in th lic main and read through
15 those items as well
16 Q. And, er t i team at Greenberg reviewed
17 all this info 'on and did due diligence, what was riTi v
18 deci next
19 . Ultimately, the team decided that it was
2 nary to bring a lawsuit to obtain what we call grand
21 ury materials. It's not just simply the transcripts of
22 what occurred in front of the grand jury, but all of the
23 ancillary or corollary materials related to that. And
24 that, as we stated in Exhibit 1, included, but not
25 limited to, the communications where we believe
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Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Mr. Dershowitz provided damaging information or
documentation to Mr. Krischer's office to destroy his own
witness in front of the grand jury, which honestly,
looking at all of the materials we had received and based
upon my personal discussions with the chief of police of
the Town of Palm Beach, we came to the conclusion
Mr. Krischer had abused his authority as state attorney.
Q. When did the due diligence process start
and when did it end as far as reviewing the facts?
A. Started in the summer of 2019,
Well, the first phase resulted in the la that
contained hundreds of hours' wo , not only
legal work, but, as I said, fac igatory work as
well. But it continued e fter e lawsuit had been ....e
filed as well. We d' t 1 n case we found something
new, and ultima id find new things out in this
case, whicho nsy add later, but there were new r
revel ns t t had occurred.
19 . And the initial complaint was filed in...?
2 A. The end of November of 2019.
21 Q. What legal research was done before filing
22 the initial complaint? And that was for the statutory
23 count under 905.27.
24 A. Sure. The way we divided the work between
25 myself primarily and Ms. Boyajian was that we would
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Judge Luis Delgado
September 06, 2022
1 handle the First Amendment issues in the case. So the
2 U.S. Supreme Court cases involving the rights of the
3 media to be the public surrogate or be the public
4 mouthpiece and to obtain and participate in all facets of
5 criminal proceedings, she helped me and provided that --
6 I was aware of all of that, but she certainly had a
7 greater in-depth knowledge than I did. I was tasked with
8 the responsibility of fleshing out Section 905.27 of th
9 Florida statutes primarily.
10 Q. What did you personally resear
11 out Florida Statute 905.27?
12 A. I read every word of C . Hooked
13 at Law Review articles. Ire
14 University, Valparaiso a thereabout the grand jury
15 process, grand ju oth federal cases and state
16 cases. I found fi ery qe orted case under 905.27, which
17
18
19
2
21
22
23
24
25
e from Catholic
particularly It with the issues that we were
dis g b fore and that Mr. Aronberg testifiedc o about,
at ent back to even the predecessor statute to
, which is into the 1920s. And I tried to find
egislative history on the statute, but there wasn't any.
So I amassed 50, 60 cases under the statute
going back from the '20s, '30s, '40s, '50s, '60s, et
cetera, under 905.27. I read all of them.
Q. It sounds like a great deal of research,
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Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
but did you engage in any other research before filing
the initial complaint?
A. Well, federal as well, not only under the
state, but I wanted to see, you know, who to sue, to be
honest with you, in this case. We had a debate amongst
ourselves as to who the proper defendants were going to Ak
be, and my principal responsibility was determining under AS
CO Florida law who that would be.
So I had extensive experience as an
assistant attorney general on suing, at leas
defending state officials in not only 19\ psi
12 many other type of cases where als are sued
13 in their official capacity. So yes ertainly
14 nothing new to me.
15 I probabl ct 3, 400 cases like that,
16 all on the defen sidQ So I was very familiar with
17
18 state
19Ok2 were other 905 cases, Chapter 905 cases where state
21 fficials had been sued, and in particular I found two
22 cases. One was a state case and one was a federal case.
23 The state case was James vs. Wille and, coincidently,
24 actually involved the predecessor to Barry Krischer, and
25 that case involved the beating of an inmate at the Palm
arguments
I
mho was the proper party and the role of a ‘ ir
cial litigation.
o what did I do? I went to see whether
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Judge Luis Delgado
September 06, 2022
1 Beach County Jail out by Belle Glade, and that individual
2 sought grand jury testimony, and the state attorney was
3 named as a party in the case and, in fact, participated
4 in the case as to whether or not grand jury secrecy under
5 the statute -- you know, the extent of it and made legal
6 arguments opposing such.
7 ,010A' Q. So we're talking about some of the cases
8 you relied upon --
9 A. Yes.
10 Q. -- in determining that the state a'
11
12
13
14
15
16 know if Exhibit 3
was a necessary party defendant, an
-- you mentioned James vs. — W e mes vs. Wille
case?
A. Yeah, James Wille,* correct.
Q. And that' t."36. Can you just let me
case you were talking about?
A. l that's the case. t, e4r,
4 it A were there any other cases you relied
p ifically with regard to the state attorney
c2 sarily being a party?
21 A. Yes. An 11th Circuit case called In re
22 Grand Jury. It's a Federal 11th Circuit Court of Appeals
23 case.
24 MS. WHETSTONE: And that's in Your Honor's
25 binder, the Authorities binder at tab 11. We'll
17
18
19
to pull up
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Judge Luis Delgado
September 06, 2022
1 pull that up.
2 BY MS. WHETSTONE:
3 Q. Is that the In re Grand Jury case?
4 A. Yes, that's the case.
5 Q. So what were the three -- what were the
6
7
8
9
10
11
12
13
14
15
16
17
reasons the state attorney was named a defendant?
A. Well, this case particularly, the state
attorney was from Broward County named in this ca .O
It's a little complicated facts, but essentially there
was a federal grand jury that issued a sub the
Broward County State Attorney seeki orney
grand jury materials for a particul .ation, and
the Broward County attorne n see here,
participated in this case, bo jected to the release of
such under 905.27.
And I cularly interested in the
language fr> his case which said that the state
18 atto s ro was an essential one because his or her
19 r as protect the grand jury process, which
2 ed grand jury secrecy.
2 So, based upon the James vs. Wille case and
22 this case and my background in defending state officials,
23 I felt that the state attorney here in his official
24 capacity was a necessary party because someone had to
25 advocate one way or the other for grand jury secrecy if
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Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
the state attorney decided that's what he wanted to do.
But, if we didn't name the state attorney, we were
denying that state official and that office the right to
object under secrecy laws.
So the purpose was to allow the state
attorney, if he chose to do so, to object to the
disclosure under 905.27 and to advocate for the state
8 secrecy interest, and that was a prime issue of wh
9 was named.
10 Q. Were there other reasons?
11 A. Well, we weren't sure wha
12 attorney's office had. We knew t e point the
13 state attorney's office had aterials because
14 that's -- under Mr. Kris what had occurred.
15 He presented this d jury. So we weren't
16 completely sure odwhat.
17
18 that
19
2
2
22
23
24
25
S sye also believed, and I still believe,
stazdoes not prohibit the state attorney
esting the state attorney to look at grand jury
erials, not disclose it to the public, but merely to
isclose it to the state attorney if the state attorney
wanted to look at it.
So we were hopeful that, if the state
attorney was interested in looking at these materials,
that he would say that he had the right to look at them
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Judge Luis Delgado
September 06, 2022
1 under 905.27 and then, if so, ask the Court for an
2 in-camera review before release to the public.
3 So those are the three issues we were
4 concerned with.
5 Q. Did Greenberg Traurig conclude that the
6 state attorney was a necessary party to this case
7 regardless of whether it had possession of the grand jury 4S ,
ci9 A. Yes.
8 materials? p 10 Q. And was that conclusion a yes?
11 A. Yes, it was.
12 Q. So, after the complain i 'hal
13 complaint was filed in Nove 19, were discussions
14 had with the state attor cou sel and the counsel for
15 the clerk?
16 A. Yes.
17 Q. What were those discussions?
\/ ----'7
18 . Well, we had discussions about the case,
19 < la where this is going, did they have
2 ions and, if so, under what basis did they have
21 bjections.
22 Q. After the complaint -- the initial
23 complaint was filed, what position did the state attorney
24 take in the case?
25 A. Took two -- Took two positions. He filed
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Judge Luis Delgado
September 06, 2022
1 an answer, and that answer contained a motion to dismiss.
2 Q. Backing up. Sorry. After the initial
3 complaint was filed, what was the -- what was the
4 position taken by the state attorney to the initial
5 complaint, just the Count 2?
6
7
A. Okay.
Q. Sorry, just Count 1. 410•
8 A. His position was that grand jury secrecy
9 was preeminent under 905.27, and that statute bardt
10 release of the materials. He also argued t
11 statute was only operative where ther nding
12 civil case and a pending criminal a since the
13 Epstein case was not pendi volving the Post,
14 or the criminal case, the as n>5 criminal case in Palm
15 Beach County, we e any position or standing
16 under the statut to s the materials on behalf of the
17 Palm Beac st.
18 . Di the state attorney file a motion to
19 ¢iSf<• s e initial complaint?
2 A. Yes.
21 Q. What was your reaction to that?
22 A. Well, I was hopeful that they wouldn't
23 object or seek to dismiss it, but I understood that they
24 had a statutory obligation to protect grand jury secrecy,
25 so I didn't take it personally or anything like that. I
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Judge Luis Delgado
September 06, 2022
1 understood the role that they were playing because that
2 was the role we gave them the opportunity to play in this
3 case. So I was neither surprised, nor upset that they
4 played that role, because that's the opportunity we gave
5 them.
6 Q. Did the clerk file a motion to dismiss the
7 initial complaint as well?
8 A. Yes.
9 Q. After the state attorney filed his motion
10 to dismiss the initial complaint, what did th o in
11 response?
12 A. After the initial -- Well,
13 amendment to the -- to the 'Shit.
14 Q. Did you take k a hether there were
15 other causes of ac • uld assert?
16 A. Yes. dd ed to develop the First
17
18
19
2
21
22
23
24
25
Amendme kue in more depth and argue that the Post had n r
righ der e First Amendment, as well as the statute,
i •*u ion with the statute to obtain the materials, Cy
II as an argument that I had developed which was
hat the Court has inherent authority as the ultimate
supervisor of the grand jury system under the Florida
Constitution to prevent abuse of the grand jury system,
and we felt that the Court had such authority. That was
the Clayton case that I was relying on.
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Judge Luis Delgado
September 06, 2022
1 Q. We're going to pull up Exhibit 9, which is
2 the amended complaint in this matter.
3 Could you confirm to me that's the first
4 amended complaint?
5 A. Yes, I see that. That's on the board here.
6 Yes, it's in front of me as well.
7 Q. And we'll turn to it, but the state
8 attorney answered Count 1 of this amended complai O
9 which was the count for declaratory judgment; is th
10 correct?
11 A. That is correct. They mov s,
12 they moved to dismiss Count 2, re statutory
13 claim, and they answered th ory judgment which
14 was the mixture of First11 ndrrlhnt, statute, inherent
15 authority of the Cou
16 Q. What recall about reviewing the
17
18
19
2
21
22
23
24
25
answer to tl st amended complaint for declaratory
relief['
o Z' ,Well, they continued to oppose the release
materials under 905.27 asserting grand jury
ecrecy and asserting that we didn't have a claim under
the statute. I did note that they admitted in
paragraph 72 that the case was brought in good faith, and
that's particularly the declaratory judgment one. That
stood out to me.
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Judge Luis Delgado
September 06, 2022
1 Q. We'll pull that up. I think we've seen it
2 a couple times. We'll pull it up.
3 Please let me know if this comparison of
4 Exhibit 9 and Exhibit 10 is the paragraph you're talking
5 about.
6 A. Right, right, yes, that they refused to
7 provide access. That's through their objection to the
8 clerk to testimony, minutes and other evidence. Aga'
9 this was not just simply transcripts. It was much
10 broader than that. And that a good faith d' 'sts,
11 and they admitted all of that.
12 Q. Did Count 1 for decla seek to
13 force the state attorney to pr c uments that he did
14 not have?
15 A. No.
16 Q. Did t sta attorney's position that his
17 office did n ye possession or custody of the grand
18 jury rial nd the need for his office to be a party ? lr
19 • de aratory relief claim?
2 A. No, and really the proof of that is what
21 ctually occurred, which is they moved forward with their
22 motion to dismiss and ultimately a motion for summary
23 judgment.
24 So they opposed the release of the
25 materials, as was their right, under the statute
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Judge Luis Delgado
September 06, 2022
6
7
8
9
10
11
12
13
14
15
16
17
18
1 asserting grand jury secrecy. So it actually proved why
2 we put them in the case, which is to give them the
3 opportunity on behalf of the office officially to assert
4 grand jury secrecy, which is what they did. So, in
5 effect, it worked. They took advantage of the
opportunity and asserted that we were not entitled to it
under the statute's grand jury secrecy provisions.
Q. On June 8th, 2020, Judge Marx -- did Jud
Marx enter an order on the motion to dismiss Cou
under Florida Statute 905.27?
A. She did.
Q. And what was -- what A
?iS A. She determined t h
well, that the statute did create a private right of
action, that it was li t those who were seeking the
materials in the civil case and a pending
Nr4ling?
st lacked --
criminal ca oo she did it on a very narrow ground. et
A. T t order -- sorry.
19 NGo right ahead.
2 Q. Mr. Mendelsohn, go ahead.
21y Okay, that order did not address the
22 declaratory judgment claim in Count 1, did it?
23 A. No.
24 Q. When did the state attorney send its
25 initial what he calls place-marker 57.105 demand letter
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Judge Luis Delgado
September 06, 2022
1 and motion for fees?
2 A. Within hours of the order from Judge Marx
3 was issued, I believe, on June 8, 2020.
4 Q. And at that point why was the state
5 attorney kept in the case?
6 A. Well, they were still objecting to
7 disclosure under Count 2, under the declaratory judgment.
8 They were still asserting that grand jury secrecy and
9 statute could not be overcome by the First Amend
10 by the Court's inherent authority, and that t' rt'
11 inherent authority was limited by the s ich we
12 obviously thought was sort of the , that the
13 statute or the legislature cou np it the Court's
14 inherent authority beca e iciary had its rights
15 and the legislature hts. So that issue still
16 remained.
17 Q. Q• ou write to the state attorney's
18 coun and lVeyyoout the Post's reasons for continuing to
19 i Clt a state attorney in the case?
2 A. Yes. That's my letter of June 23rd, 2020.
2 Q. And we'll go ahead and pull that up.
22 That's Exhibit 16.
23
24 to?
25 A. Yes.
Is that the letter that you're referring
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Judge Luis Delgado
September 06, 2022
1 Q. And your letter set forth the reasons why
2 the state attorney was named as a party in the case --
3 A. Yes.
4 Q. -- and continued to be named?
5 A. Yes.
6 Q. Did the state attorney's office ever
"4\ ,‘7 address the second reason for keeping the state attorney
8 in the case in response to this letter?
9 A. I never received a written response to th
10 letter.
11
12
13
14
15
16
17
18
19
2
21
22
23
24
25
0
Q. And that second reason w as the
grand ' rNcr cy?
-- that the state attorney's office won cial
tasked with protect
A. Correct.
Q. And, in
the state attome
A. I cited to In re Grand Jury
Pro c ings, he 11th Circuit case.
c)Q.
Did you have discussions with the state
ey's counsel after this point, after writing this
etter?
A. Yes, with Mr. Wyler.
Q. And what were they?
A. What are we going to do about this case
essentially. Is the state attorney going to oppose us?
i ."'did you cite a case to
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Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Is he continuing to oppose us? Because I never received
a response to my June 23rd letter, and I wanted it to be
understood that we honestly believed that the state
attorney had a necessary role to play in their official
capacity. We were hopeful that they would take a neutral
position, but they remained adamant that they had to
protect grand jury secrecy under the statute, which we
respected. 0
Q. And I don't want to know the substance
settlement discussions, if there were any,
settlement discussions go on with the ey's
counsel after the June 23rd lette
A. Yes. Yes, they dIS h
Q. And is that i te the timeline here
of June, June 8th, 2 tq ctober 15th, 2020?
16 A. Yes. With M. Wyler, yes.
17 Q.
18
19
2 Q.
21 ees on July 1st, 2020; is that correct?
22 A. Yes.
23 Q. And is this the state attorney's first
24 motion for fees that was filed on July 1st, 2020?
25 A. It is.
ler.
H was a very nice man on the phone. We
ood conversations, very professional.
The state attorney filed his motion for
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Judge Luis Delgado
September 06, 2022
1 Q. Did the initial 57.105 motion as filed set
2 forth any of the grounds for the motion?
3 A. No, it didn't. It just said that they were
4 entitled to 57.105.
5 Q. So, after this point, did you -- did the
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2
21
22
23
24
25
Post and Greenberg seek discovery from the clerk?
4,44,Alik' A. Yes.
A. Yes.
Q. And this was in the litigation? O
Q. What discovery did you seek fr the lerk?
A. We wanted to know wheth t y —
well, first, whether the state attor
Mr. Krischer had asked for a Nip aterials that the
clerk had had, and, also etheTthe FBI and U.S.
Attorney's Office h e clerk to provide such
materials. And eradicated to us in response to
a request th ie clerk's office had done so, though
they jre vaY9uee as to why and when.
And what — did you serve
gatories —
A. Yes.
Q. -- and document —
A. Requests, yes. We wanted to see a log of
the materials in the grand jury sealed -- that the clerk
had sealed. We hoped that there was a log indicating
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Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8 broken what was in there.
what was in there, not really specifically what was in
there, but by category, whether it was a transcript,
whether there were exhibits and/or whether there were
affidavits or whether there were deposition transcripts.
Whatever there was in there, we wanted to understand.
The clerk had responded that they don't
keep a log, so they couldn't tell us unless the seal was
0
9 Q. In August of 2020, the state attorney's
10 office filed a motion for summary judgmen
11 correct?
12 A. Yes.
13 Q. And Exhibit 19, as this the state
14 attorney's motion for s ary f dgment that's on the
15 screen?
16 A. Yes, s.
17
18
19
2
2
22
23
24
25
tiw
Q. And, in support of this motion for summary \/-
judg t, did Mr. Aronberg file an affidavit in support?
OA. He did.
MS. WHETSTONE: If you could go to 18,
please.
BY MS. WHETSTONE:
Q. And is 18 the State Attorney Dave
Aronberg's affidavit in support?
A. It is.
ti
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EFTA02734778
Judge Luis Delgado
September 06, 2022
1 CI At this point, after the affidavit had been
2 filed, had the state attorney responded to another one of
3 the reasons that he had been named as a necessary party
4 to the action?
5 A. No. They focused exclusively on possession
7 secrecy issue which they had advocated for.
8 CI So did the state attorney's affidavit and C)ACIC
6 rather than their position protecting the grand jury's
9 motion for summary judgment address In re Grand
10 Proceedings or any of that — any point in y
11 about his office being able to prevent
12 releasing grand jury materials?
13 A. No, they never re that.
14 CI Was there sf actu issue At this
15 time in August 202 re still a factual issue as
16 to whether the s to aft mey had physical possession of
17
18
19
copies of grand 9ry materials?
Wall, we knew at one point Mr. Krischer
obvious had to have had such. We also had -- We were
2 the belief that there were communications, on very
21 trong grounds, between Mr. Krischer's office and
22 Mr. Dershowitz and other defense counsel, as well as the
23 FBI and U.S. Attorney leading up to and including the
24 indictment, the non-prosecution agreement, as well as the
25 sentencing report.
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Judge Luis Delgado
September 06, 2022
1 We never received any such, and we knew
2 they were out there. Exactly who had them, where they
3 were, we weren't sure. We learned in hindsight that the
4 U.S. Attorney's Office had been provided with such by the
5 clerk's office. This is the Palm Beach County clerk's
6 office.
7 Q. So fast forwarding a bit to October 2nd,
8 2020, did Greenberg and the Post -- sorry -- did the P
9 file a response to the state attorney's first
10 place-marker 57.105 motion?
11 A. We did. q 0
12 Q. And if you could pull u
13 A. Which one is this ib
14 Q. 20.
15 A. That's whbtlKh sght. Okay.
16 Q. Is thi the Q is response, memorandum of
17
18
19
2
21
22
23
24
25
law of the ' ff to the state attorney's --
T t
pt tr
is correct.
CIN IQ' N-- 57.105 sanction motion?
Nh-) A. Yes. I drafted this, yes.
Q. On page 8 --
MS. WHETSTONE: Gerard, do you mind going
to page 8.
BY MS. WHETSTONE:
Q. Did you again raise the state attorney's
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([Phone Redacted]
EFTA02734780
Judge Luis Delgado
September 06, 2022
1 ability to object to release of grand jury records?
2 A. Yes. I cited to In re Grand Jury
3 Proceedings again.
4 Q. If you look at the screen, is that on page
5 8? Is that where you cited to?
6 A. Correct.
7 Q. And at this point, the state attorney still
8 had not responded to this reason he was named as
9 is that correct?
10 A. Yes.
11 Q. So then on October 14th,
12 state attorney file a reply to this r
13 A. Yes.
14 MS. WHETST I uld you pull up
15 Exhibit 21.
16 BY MS. WHETS
17 Q. Mp s the state attorney's reply in
18 sup of c ,th rst place-marker motion for fees?
0 Nk19 . Yes, it's in response to their June 2020
2 ion for fees.
21 Q. So this is not a reply to the 57.105 motion
22 we're here on today, right?
23 A. That's correct.
24 Q. This is a reply to the original June
25 place-marker motion for fees, correct?
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([Phone Redacted]
EFTA02734781
Judge Luis Delgado
September 06, 2022
1 A. Correct. What happened is the state
2 attorney never noticed the first motion they filed for
3 fees for a hearing, and they still haven't done that. So
4 it's never been noticed for hearing.
5 There was a little dispute between myself
6 and Mr. Wyler as to whether or not the fee motion that he
7 had filed in June should be heard first or their motion
8 for summary judgment should be heard first, and the
9 a case management conference before Judge Haf d
10 Judge Hafele decided that the state attom decide
11 the order of when that would occur. ing when
12 -- what hearing would go first, I fil onse to
13 their fee motion that they file une, and that
14 was Exhibit 20, and the res nded in Exhibit 21.
15 Q. And I'll ention to pages 1
16 through 2 of Ex nd the state attorney's reply --
17
18
19
A.
I nd here it's highlighted on the
2 A. Yep, I see that.
211. Q. It says, "Nonetheless, the state attomey
22 has no objection and never has had any objection to the
23 clerk releasing the records sought by the plaintiff."
24 Was this the first time the state attorney
25 -- the state attorney stated his office would not object
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Judge Luis Delgado
September 06, 2022
1 to the release of grand jury materials if ordered by the
2 Court?
3 A. Yes.
4 Q. So, after your reply -- sorry -- after your
5 response on October 2nd, then on October 14th, the state
6 attorney for the first time stated in a filing that he
7 had no objection to the production of Epstein grand jury AgRe
8 materials by the clerk?
9 A. That's accurate, yes.
CP
10 Q. Was this a change from the stat: ey's
11 prior position about releasing grand ju s?
12 A. Absolutely.
13 Q. How would you d change from the
14 initial -- from his initial re nse the initial
15 complaint to this rep
16 A. Initiall
17
18
19
2
21
22
23
24
25
filled why they were in
the case, w1 • is they objected to the release of the
mate
‘
ce ' un 7 er 905.27, and now they were taking a
ICsI p sition, and they were no longer advocating the
macy of 905.27 and its secrecy provisions as a bar
r prevention or preventive for the release of grand jury
materials. They were no longer taking that position.
They were no longer taking any position.
Q. What was your reaction to this change?
A. Well, I was pleased.
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([Phone Redacted]
EFTA02734783
Judge Luis Delgado
September 06, 2022
1 Q. Did you send a letter -- a settlement
2 letter on October 15th in response to this October 14th
3 position in the reply?
4 A. Yes. I did it pretty quickly after I saw
5 it.
6 Q. The next day?
7 A. The next day. Well, I started writing it
8 on the 14th, but, yes, we sent it on the next day.
9 Q. Okay, and I'll pull up Exhibit 22.
10 Is this your letter to Mr. Wyler wi
11 regard to the reply?
12 A. Yes. Since they had c<' )e o a neutral
13 position, I didn't see a point ling whether or
14 not they should remain • e e, and that's what the
15 purpose of this wa
16 Q. And it y say you were pleased about
17 them chap
18 . Ybs, yes. In the second paragraph, I said
19 I sed to read that they -- the state attorney's
21 and unequivocal statement in their response filed
2 yesterday that their office will not oppose the Post's
22 request for access to the Jeffrey Epstein grand jury
23 materials. I was pleased.
24 Q. Once the state attorney's office said that
25 it would no longer object to release of the grand jury
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Judge Luis Delgado
September 06, 2022
1 materials by the clerk, what was s and
2 the Post's response?
3 A. We had a team meeting and ultimately
4 discussion with the Post as to whether or not the state
5 attorney should remain in the case. We had, for the
6 first time, Mr. Aronberg's affidavit. He had previously
4S"
7 stated that position, but for the first time in a
8 pleading or an affidavit filed in the case, he said he O )
9 clearly didn't have possession. And he's now takin a c
10 neutral position. Because of the change in n that
11 this neutrality had now created, we h erious
12 discussion as to whether or not h emain in the
13 case because, remember, o ecessary party prongs
14 that I had mentioned pr sly as to give Mr. Aronberg
15 the opportunity as ey to voice either his
16 objection to the or his neutrality or maybe his
17
18
19
support.
Notw he decided to change from opposition to
2 t Oli , and, since that was the case, we determined
ely to drop him from the case, that there was no
21 he had exercised his option and made a decision, and
22 we were happy that he had done so.
23 Q. Was -- What date was the state attorney
24 dropped as a party to the action?
25 A. It was in October. Was it October 21st?
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([Phone Redacted]
EFTA02734785
Judge Luis Delgado
September 06, 2022
1 Q. We'll pull up Exhibit 23.
2 A. Okay, I've got it in front of me. It was
3 October 21st, 2020.
4 Q. And is this Exhibit 23 the notice of
5 dropping the state attorney as a party?
6 A. Correct.
7 Q. After this, 19 days after this, did the
8 state attorney file an amended motion for fees under
9 57.105?
10 A. He did.
11 Q. Is that the motion we're he
12 A. Correct. That's the on the
13 state attorney has noticed fo
14
15
16
17
18
19
2
21
22
23
24
25
g ...eQ. We're pullin xhi t 25, and, once it's
up, I'd like you to co r , his the amended motion
for sanctions th
A. Y,
'
. this amended motion ever served on you % t‘t
TrIRNP anytime before it was filed?
.-)A. No.
Q. Does the amended motion set forth new and
different BCs for the motion for sanctions than compared
to the first what they call place-marker motion?
A. Absolutely.
Q. What were some of those new arguments?
ere on today?
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Judge Luis Delgado
September 06, 2022
6
7
8
9
10
11
12
13
14
15
16
17
18
1 A. Well, ultimately the major new argument was
2 that he now had neutrality in the case. That was a
3 massive change in the position of the state attorney
4 which was not the situation back when they first made
5 their place-holder motion, and this is the words they
used back in June. This was a sea change as far as we
Q. And you told the state attorney that was te CSS'
were concerned in the status of the case.
the basis for its joinder back in the beginning of th
case?
A. As a necessary party, yes. they
were no longer advocating secret w had adopted
ppSneutrality, that's why we dro ed from the case.
hatTthink is going to
dgment, which is
Q. And I'll move
be my last exhibit, t
Exhibit 30.
A.
A. Dt the Post -- So did the Post file a
19 ' br summary judgment against the clerk --
2 A. Yes.
21 Q. -- as to the declaratory relief claim?
A. Yes. They were the remaining party in the 22
23 case.
24 Q. And Judge Hafele heard argument on that
25 motion for summary judgment?
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([Phone Redacted]
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Judge Luis Delgado
September 06, 2022
1 A. He heard it for about two and a half hours,
2 yes.
3 Q. And was this the same declaratory judgment
4 count that had been asserted against the state attorney
5 that had been dismissed against him after he said he had
6 no objection to the clerk releasing documents?
7 A. It was Count 1. That was the same count
8 that we had against the state attorney and the clerk,
9 that had been dropped against the state attorney a
10 time I argued the motion for summary jud front of
11 Judge Hafele in September of 2020 0 2020.
12 Q. And Judge Hafele ent n rder on a
13 motion for summary judgme came this final
14 judgment; is that right?
15 A. Correct.
16 Q. And g ng ifough it, on page 5, the Court
17
18
19
2
21
22
23
24
25
noted that ti ost's position was -- Well, I'll ask you,
what s ,yc
tations given by the Post?
ith 4r ourt's reaction in the final judgment to
A. Ultimately Judge Hafele determined that his
s
ands were — while he recognized that the Court had
inherent authority and that inherent authority covered
the supervision of prosecutorial abuse of the grand jury
process, he felt constrained by the statute, which was
905.27. So he felt ultimately that he could not exercise
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EFTA02734788
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14 Count 1?
15 A. Yes.
16 Q. And t
17
18
19
2
2
22
23 Did you have any discussions with the
24 editorial side of the Post having anything to do with the
25 decision to sue the state attorney?
inherent authority because of the limitations that he
thought 905.27 contained, though, without sounding too
egotistical, he was very effusive to the work that
Greenberg Traurig had done, as well as the work done by
the clerk's counsel.
Q. So I'll draw attention to page 7. It says,
"The newspaper makes strong arguments to advance its WS
A. Right. CP
,
expansive construction of Section 905" --
Q. -- "27 as part of furthering justi
then page 11, it says, "The Court ack the
newspaper's vibrant and sincere
Was that — Was tf il nt with regard to
is count we're here on today?
A. ct. That matter is on appeal. The
final dgme is on appeal.
ryk s N Thank you. That was my next question.
A. Okay.
Q. Okay. Okay, one last question -- sorry --
two.
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([Phone Redacted]
EFTA02734789
Judge Luis Delgado
September 06, 2022
1 A. None. There was a firewall between the
2 legal arguments we were making here and whatever the Post
3 was writing both editorially and factually. I had
4 absolutely no conversations with the Post, nor did any
5 member of my team as to what they were going to write.
6 It's not my role to tell the paper what it wants to, or
7 not, write or not write, so the legal positions that we
8 adopted in this case were -- were the positions that
9 as Greenberg Traurig and the paper came to the ion
10 of based upon the facts and the law.
11 As to what the Post may ha to
12 write or did write, I have zero inp t t, nor did
13 Mr. Grygiel, nor did Ms. Boy Wt even know
14 what was going to be p ' un I read it in the
15 paper, so I did not word they were going to put
16 in the paper.
17 Q. I question. Did suing the state
18 atto in th case have anything to do with a personal
19
Ott
gainst the state attorney?
2 A. Well, I voted for Mr. Aronberg. No.
21 Q. So no?
22 A. We have a mutual friend. So I have no
23 animus against him at all. I'm not happy he has me
24 sitting up here, to be honest with you, but, you know, I
25 understand why he has me up here. I get that. He's not
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EFTA02734790
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2
2
22
23
24
25
happy being associated with Mr. Epstein. The man was
reprobate. He was one of the lowest forms of humanity.
So even having my name in an article, even if I'm not
accused of something, I can understand why he's not happy
about it.
But I don't -- we didn't do this out of
animus or lack of preparation. This was a sober decision
against someone in their official capacity. I'm sorry
that he feels personally offended by this, but we t
great pains to make sure that there were n tions
in the amended complaint and the co • cusing him
of anything or of any wrongdoing e y d because
front of us. that's just not the case that
MS. WHETST TRank you, Mr. Mendelsohn.
Sorry, w le long.
THE . No, it's okay.
A s:v going to finish in the next 10
!luta?
R. WYLER: No, Your Honor. That's
impossible for me.
THE COURT: So then we're not going to get
started.
MR. WYLER: I don't think it would be
worthwhile for me to start and then stop in 10
minutes. It's going to take me at least
Page 137
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EFTA02734791
Judge Luis Delgado
September 06, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 back in Thursda
16 MR. M OHN: In the afternoon, Your
17 Honor?
18 IHE COURT: Come back Thursday, probably
19
2
2
22
23
24
25
30 minutes, probably more like 45.
THE COURT: Okay, so, you know, from Amelia
Island to here is five hours?
MR. WYLER: Yes, sir.
THE COURT: You're almost in Georgia.
MR. WYLER: Exactly. Your Honor, I will be Ak
here whenever you need me to be here. I'll make
it happen.
THE COURT: Thursday or Friday?
CO
MR. WYLER: Honestly --
THE COURT: How about T
MR. WYLER: -- how ab sday? Yeah,
Thursday would be bett
, al right, we'll come THE COURT:
. Give me one minute.
‘6. (Brief interruption.)
THE COURT: All right, so the only thing
left is cross examination, redirect, and then are
the parties going to write closing arguments?
MS. WHETSTONE: If Your Honor would prefer
it, we'd be fine with that.
Page 138
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([Phone Redacted]
EFTA02734792
Judge Luis Delgado
September 06, 2022
1 THE COURT: I prefer closing arguments that
2 are written. I think things are more coherent.
3 You know, I think the logic is tighter. If the
4 parties don't mind writing closing arguments, I
5 would prefer that.
6 Okay, do you want to bring your closing
7 argument? I mean, I can anticipate you probably
8
9
10
11
12
13
14
15 really hard for m
16 write it and th
17
18
19
know what you're going to argue. 0
MS. WHETSTONE: If we could finish ttC)
direct -- the redirect and just make s have
the testimony, that we will have ript t fr
and add it into the closings o k sure that we
have -- What do you thi
MR. WYLER: YNi„el elo r, it's going to be
ri back, and then hand
back down here again.
THE URT: Why don't we do this: Cross "5/ 4)r,
;1;criexa atio , redirect. You'll give me a closing
t, and you can supplement your closing
2' ments in writing. If I need to have an
2 additional hearing, we can do that via Zoom since
22 the evidence and presentation will have concluded.
23 MS. WHETSTONE: Sounds good.
24 THE COURT: Sound good?
25 MR. WYLER: Sounds good, yes.
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([Phone Redacted]
EFTA02734793
Judge Luis Delgado
September 06, 2022
1 THE COURT: All right, so we'll come back
2 Thursday, 1:00 p.m.
3 THE WITNESS: Am I excused, Your Honor,
4 from the stand?
5 THE COURT: Yes.
6 THE WITNESS: Thank you.
7 THE COURT: I know we have guests. You
8 know, the Wall Street Journal will write
9 reprobate. It's a big word. It's a big word.
10 All right, anything else?
11 Have a great day, everybod\ in
12 recess.
13 (The hearing adjour 3 p.m.)
15
16 C -S)ACCLI
14
17
18 '7*
19
22
23
24
25
Page 140
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([Phone Redacted]
EFTA02734794
Judge Luis Delgado
September 06, 2022
1 COURT CERTIFICATE
2
3 STATE OF FLORIDA
4 COUNTY OF PALM BEACH
5
7 AelAsc
6
N 8 was authorized to and did stenographically rep
9 the foregoing proceedings and that the tran pt
10 is a true and complete record of my phic
11 notes.
12
eCc\13 Dated this 12th da tiApmber, 2022.
14
15
16
17
18
19
*2 0
22
23
24
25
I, Lisa Begley, RPR, RMR, certify that I
L RPR, RMR
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EFTA02734795
Judge Luis Delgado
September 06, 2022 1
(
(1)
13:23 19:21
28:3
(1) (b)
19:23 20:15
(2)
19:21
(4) ' a
26:14
(a)
19:22
1
1
10:1 12:13
14:20 16:22
34:22 23
37:14 40:2,4
68:5,7,16,18
75:19,22
83:5,15
95:19,21 96:2
103:11,13,18
105:22 107:
115:7 1 :8
118:1 9:22
128 .7
-23 33:1
47:14 77:10
95:11 118:4
137:17,24
103
47:16
11
118
46:11
119
82:16 95:1
119.07
14:19
11th
85:3 111:21,
22 121:18
12
11:5,9 49:8
58:19
120
15:18
1353
9:9,13,20A ssy
12:12
1374
12.
28:14,
29:11
91:17
14th
31:4 38:5
45:1 91:5
127:11 129:5
130:2,8
15th
48:2 55:14,25
122:15 130:2
16
11:9 36:16
79:16 80:8
120:22
11:5 29:13 17
51:9 101:2,5 10:5 11:25
111:25 135:11 12:5 45:2
91:18 92:2
17th
70:17
18
9:25 10:17
31:22 124:20,
23
19
10:5 26:2
75:21
132:7
192
980
99:6
1983
99:8 100:15
110:11
1:00
138:19 140:2
1:42
4:2
1st
122:21,24
2
2
5:7 22:5 25:7
37:13 39:25
40:1,21
74:23,24
103:25 115:5
117:12 119:9
120:7 128:16
2.42
19:4
20
30:1 38:1
94:4 99:12,16
126:12,14
128:14
05
:22
2006
23:21 29:1
33:6,24 35:15
54:14 55:20
72:7 76:5
78:5 102:10
2006 -CF -9454
19:10
2012
44:2 50:3
2013
15:19 50:2,4
55:15
2016
8:2
2019
5:25 6:5
26:10 34:6,16
45:1 68:18
69:19 70:13,
24,25 73:15
76:5 101:22,
25 103:19
105:8 108:10,
20 114:13
2020
5:2,3 8:17
16:18,22,24,
25 25:25
www.phippsreporting.com
([Phone Redacted]
EFTA02734796
Judge Luis Delgado
September 06, 2022 2
26:2,25 29:23
30:19 36:16
37:20 38:6
44:5 45:2
57:12 79:2,10
80:14,15
84:22 86:22
88:1,12,15,
17,19 89:16,
18 91:5 92:5
119:8 120:3,
20 122:15,21,
24 124:9
125:15 126:8
127:11,19
132:3 134:11
20s
109:23
20th
91:21
21
10:23 16:24
26:16 54:2
87:19,23
91:16 93:10,
11,18 127:15
128:14,16
21-day
15:5,1
17:2,
27. 0, 1,17,
AliPes8
:12
54:18
.5 92:10,
11,25
21st
16:19 26:2
31:6 57:12
91:23 131:25
132:3
22
130:9
222
47:24
23
12:5 132:1,4
235
54:7
23rd
30:19 36:16,
20 38:4 80:15
86:21 120:20
122:2,12
24(a)
14:20
25
28:14 29:8
30:5 94:4
132:14
26
26:8
268
:18 103:19
135:10
276
26:9
27th
70:16 103:14
104:21
29
9:11
2nd
37:19 126:7
129:5
3
3
9:25 103:25
110:15
30
40:25 133:16
138:1
30s
109:23
49:6,7
30th
36
111- 50
100:14
45
138:1
4:53
140:13
,21
.4,13 83:5,
6 95:20,22
96:2 105:4
38
39:1
3:39
95:12
3:57
95:13
3rd
8:17 51:19
53:13
4
4
9:25 10:8
400
110:15
40s
109:23
42
5
.44i;5 42:21
4 :10,15
95:11 96:23,
24 97:3
134:16
78:7 109:22
50s
109:23
57
6:9
57.103(a)
20:8
57.105
5:2,8,11,16
6:6,10,13 8:5
15:2,22,23
16:5,7,9,10,
13 17:6 21:16
22:7,8,11,21
23:3 25:3
26:13 27:1,8,
23 28:3,6,7
32:2,10 38:13
39:8 41:20
42:23,24,25
53:17,22
54:10,19
64:11 79:19,
23 84:22 86:2
87:25 90:18
www.phippsreporting.com
([Phone Redacted]
EFTA02734797
Judge Luis Delgado
September 06, 2022 3
93:14 94:15
101:2,4
119:25 123:1,
4 126:10,19
127:21 132:9
57.105(1)(a)
5:17 8:11
22:22
57.105(1)(b)
5:20 13:10
20:9 22:24
57.105(3)(a)
19:17 20
22:10 42:5
59
29:12
5:00
6
96:17
6
11:25 28:1
47:14 71:20
60
109:22
60s
109:23
(::!)
135:6
71
76:20 77:4,
10,12,13,14,
19
72
77:23,24 78:2
117:23
73
15:19
762
5:24 6:4
8
8
10:8,11,17
120:3 126:21,
23 127:5
8th
5:3 26:25
54:1 119:8
122:15
9
9
105
32:248 : 44:4,
1; spr,
118:4
90
9:12 110:20
5:8
905.17
14:13
905.17(1)
56:19
905.21(1)(c)
55:17
905.27
5:13 13:19
14:24 21:16
25:8 40:7
108:23 109:8,
11,16,20,24
112:15 113:7
114:1 115:9
117:20 119:10
129:18,20
134:25 135:2
905.27(1)
33:9 76:3
78:7
905.27(1)06
76:7
987
26:9
997
8:1
9th
0 :18,25
70:13
A
ability
21:19 35:25
53:6 127:1
above -captioned
55:16
above -described
55:23
absolutely
9:8 11:18
31:19 66:9,10
92:24 129:12
132:24 136:4
abuse
116:23 134:23
abused
108:7
accepting
63:6
access
8:15 20:21
23:18 33:4
35:8 36:1
48:17 49:16
50:5 55:18
56:14,17
76:3,6 78:4,
14 118:7
130:22
A9
ceased
:23
accompanied
53:23
accompanying
55:2
accounts
56:11
accurate
60:15 129:9
accuse
66:22
accused
67:15 137:4
accusing
67:3 137:11
achieve
50:8
acknowledge
66:24 83:19
acknowledged
51:3,7 67:2
acknowledges
135:11
acolytes
58:23
Acosta
102:12,16,22
104:17
www.phippsreporting.com
([Phone Redacted]
EFTA02734798
Judge Luis Delgado
September 06, 2022 4
acted
33:17
action
5:10 6:22
10:25 22:5
38:22 40:23
44:8 46:1
47:21 48:5,9
53:4,14 55:23
56:24 74:15
100:23 116:15
119:15 125:4
131:24
actual
9:24 22:13
adamant
122:6
add
108:17 139:12
addition
33:15 35:3
40:24 50:10,
14 90:21
106:23
additional
16:13 106:1
139:21
address
21 :22 4A
^
86:
1
9:21
7 125:9
ad eased
35:24
adjourned
140:13
administration
6:8 19:3
56:16 81:14
82:3 131:6,8 120:21
administrations affidavits aimed
50:1 18:10 107:5 27:19
124:4 admission
33:13
admit
62:3 77:12 affirmative
78:15 39:18
affirm
43:11 98:8
admits afforded
48:7 14:2
admitted after -the -f
14:9 32:17,21 86:25
33:12 78:11 afterno
96:2 117:22 4:7 13
118:11 19
admittedly 7. ,11
21:4 0 138:16
admitting nda
37:14 78:1 62:13,16 0444se
13 93:6 agenda -driven
adopt 62:24
13 agree
10:6 66:4
67:17 79:7
tage i 81:24
119:5 agreed
advocate 26:21 95:17
112:25 113:7 97:15
advocated
125:7
advocating
129:19 133:12
affidavit
18:10,11
29:22 55:3,5,
7 57:3
124:18,24
125:1,8
agreement
42:17 44:17
95:24 102:15
103:3 106:6
125:24
aha
90:13
ahead
9:21 93:4
119:19,20
Alan
104:3
Albany
101:13 105:6
ex
02:22 104:17
Al
102:12
allegation
28:5 46:14
allegations
47:18,25 76:1
137:10
allege
10:14 45:24
allowed
77:18 93:9
103:3
allowing
55:18
aloud
55:9
alternative
18:3
amassed
109:22
Amelia
97:17 138:2
amended
4:4,25 15:10,
13,21 16:12,
14,16,24
17:18,24 18:7
25:21,25
26:12,18,22
www.phippsreporting.com
([Phone Redacted]
EFTA02734799
Judge Luis Delgado
September 06, 2022 5
27:9,16 28:9,
12 29:9,11,
15,18,24 30:1
31:8,11,14
32:25 43:4
44:4 45:1
46:8 57:5
74:13,14 75:3
92:3,8,16
94:6 117:2,4,
8,17 132:8,
15,18,21
137:11
amendment
25:11 34:11
40:6 42:8
74:16 100:7,
17,18 106:24,
25 107:2
109:1 116:13,
17,18 117:14
120:9
Amendments
100:19
amount
107:12
amounts
6:19 application
5:21 7:4
4:6 68:8
anticipate appropriately
139:7 15:8
Antonacci approximately
48:21 99:12 101:20
anytime arguable
132:19 13:6
apologize argue
16:20,22 21:6 27:14
69:18 70:5 33:14 47:3,5
apparently 72:24 73:1
5?,:8 91:2 93:2
116:17 appeal
41:18 135:17, argued
18 1
Appeals
111:22
appearances
4:6
appears
60:9
ap
ancilla
app cable
:4
107: 22:25
w
27:10
Angeles
106:23
animus
136:23 137:7
announce
applied
20:2,11,12
31:21
applies
14:14 20:8,19
apply
19:17 27:23
28:8
approach
4:21 23:7
5
ing
88:13 92:21
argument
13:10,20 14:6
15:12,22
18:14 19:25
20:7,16,19
21:8 25:18
31:8 42:3
47:1,2 60:10,
12 78:18
86:18 88:18
89:2,21
93:21,22
94:1,12,13
97:3 116:20
133:1,24
139:7,19
arguments
14:25 18:6
22:17 27:9
28:10 29:16,
19 31:8 36:23
41:10 46:23
74:19 85:19
92:3,23 97:8,
23 110:17
111:6 132:25
135:7,12
136:2 138:23
42L39:1,4,20
-1,nberg
15,16,17
7:17 9:17
10:15,20
13:3,8,15,17
15:3,9 16:19,
23 17:10,16
18:15,19
19:10 20:20
23:4 28:24
42:13 43:9,
17,22 44:1,20
46:13 47:19
48:1,4,11
49:15 51:8,25
52:9,20 54:9
55:13 63:19
65:16,20
66:12 68:12
73:10 88:20,
21 91:4 94:23
95:5 103:20
105:8 109:18
124:18 131:14
136:20
Aronberg's
4:25 8:12
13:11 22:7,10
29:22 87:24
124:24 131:6
Aronson
88:19
www.phippsreporting.com
([Phone Redacted]
EFTA02734800
Judge Luis Delgado
September 06, 2022 6
arose
42:19
arrest
33:21 102:22
arrested
102:5
article
14:20 59:1,2
137:3
articles
48:15,25
58:20 61:1,2,
3,25 62:2,4
73:4 109:13
articulately
79:13
asks
76:12
assembled
106:8 107:4
assert
54:13 116:15
119:3
asserted
5:9 74:14
119:6 134:4
asserting
117:2
119
as
as stant
99:22 110:10
associates
14:1
assume
54:4 69:7
93:4
assuming
11:25 80:23
attached
54:5
attacked
58:19
attacking
61:2
attacks
58:24
attempt
26:25
attention
65:2 128:15
135:6
attorney
4:16 6:21,24
7:24 10:6,9
13,16,19,
11:13,1
12:9
23:
,23
:14 28:25
:4 30:2,6,
12,15,18,20,
21 31:13,17
33:12 34:1
35:2,10,11,
13,19,21,23,
25 36:7,8,10,
11,17,21,25
37:8,21
38:10,12,16
39:11,15
40:10,13,18
41:5 42:18
43:17 44:2
48:2 49:15
50:1,2 55:14,
25 71:15
80:12,13,19,
20,23 81:1,25
84:23,25
85:7,17,18
87:15 88:3
91:6,12 94:7,
10 99:1,17,22
100:10
102:13,20,25
103:19 105
108:7 110
111:2,
112:6,
113:1,
,19,21,
4:6,23
:4,18
16:9 117:8
118:13 119:24
120:5,19
121:2,7,16,25
122:4,20
123:12 124:23
125:2,16,23
127:7,12
128:2,10,21,
24,25 129:6
131:5,15,23
132:5,8,13
133:3,8
134:4,8,9
135:25
136:18,19
attorney's
5:1 6:18
24:5,9,19,25
29:21 33:2
34:20 35:2,5,
15 36:18 37:4
38:6 42:12
50:6 71:9,15
101:18 102:6
103:7 104:15,
20,24 105:1,
10,16,19,25
106:13,18
112:18
t13:12,13
14:14 118:16
1 :17 121:6,
12,20 122:11,
23 123:15
124:9,14
125:8 126:4,
9,17,25
127:17 128:16
129:10
130:19,24
attorneys
13:12,25 23:2
34:11,13
41:11 42:15
attorneys'
4:5 6:15
15:7,11,14
16:11,12,17,
22,25 17:21
18:2,5,8
38:24 39:12
44:4 53:25
August
29:23 68:18
69:19 103:14,
19 104:21
124:9 125:15
134:11
Authorities
26:7 39:1
111:25
www.phippsreporting.com
([Phone Redacted]
EFTA02734801
Judge Luis Delgado
September 06, 2022 7
authority
7:23 10:22
18:17
55:18
13,20
73:22
76:24
108:7
24:15
56:6,
72:9
74:17
77:15
116:21,
24 117:15
120:10,11,14
134:22 135:1
authorized
22:15
authorizing
6:14
AV
100:20,21
award
6:14,17 8:4
awarded
6:11 19:22
42:5 101:3
awarding
42:20
aware
51:18 57:14,
15 90:1 109:
bachelor's
99:5
10,19 80:6,
14,22 81:13
82:3,5,12
84:17,21
86:2,21 88:1,
12,19 89:10,
16 92:4 93:4,
12 95:10
96:25 97:5,24
99:16 102:5,
10,11,24
104:19 106:17
107:13
109:19,23
128:13 133:4,
6,9 138:15,18
139:15,16
140:1
background
36:4 99:4
112:22
backing
33:
b
ad
::
(;)
ad
89:6
Bailynson
5:23 6:4 32:6
ball
-N-S- 53:7,17
back
21:11 58:14
59:17,19
63:23 64:18
65:21 79:2,
Bankunited
38:25
bar
129:20
barred
115:9
Barry
48:23 81:13
82:2,12
102:24 106:13
110:24
based
8:6 17:5 83:7
108:4 112:21
136:10
basically
80:2 85:10
basis
5:11 13:6
31:19 39:
42:24
64:2 7
114x20 175:
,16,17
10 47:16,
54:7
battles
58:17
BCS
132:22
Beach
4:11 23:20
33:2,6,22
46:15 48:7,16
49:15 50:2,
15,23 51:1
55:15,20
58:7,16,18,21
59:4,8,16
60:5,6 62:11
65:22 68:23
72:7 74:13
91:16 101:11,
16,18 102:20
105:11,18
107:7 108:6
111:1 115:15,
17 126:5
bearing
82:18
beating
110:25
began
4:2 33:22
ginning
3:13 46:21
:6 59:22
60:24 61:12
133:9
behalf
4:10,14
101:11 103:20
115:16 119:3
belief
89:3 125:20
believed
58:23 113:17
122:3
believes
74:5
Belle
111:1
Bideau
4:8 51:24
52:8,18 58:1
60:17 62:17,
25 63:10,16,
18 68:1,5,7,
11 69:21
70:1,5,12
71:25 72:4
74:8,11 75:8,
11,14,18,21,
24 77:9,11,22
78:1 82:22,25
83:2 87:18,22
www.phippsreporting.com
([Phone Redacted]
EFTA02734802
Judge Luis Delgado
September 06, 2022 8
94:3,5,18
big
19:13 61:16
69:18 70:6
102:15 140:9
bottom
72:2
box
34:15
Boya jian
C
CA
4:10 9:17
11,15 20:11,
12 25:15
26:3,6,9,10
27:5,6 28:1,2
31:21 32:4,7
binder 106:23 108:25
call 36:6,9,10
107:20 128:15 37:10,22 8:23 23:11 136:13
26:8 27:12 break
132:23
called
38:4,25 41:9
42:1,2,17,18 28:1 39:2 95:9 62:5 111:21 6:2 49:25 40:25 42:21
bright :15 62:6 67:23 68:9,13 calling
69:18 71:20
8:16 43:8 65:8,10,13,
80:9 95:22 bring calls
O
15,18,19,23,
103:14 111:25 34:18 94:3
26:23 8:1
24 66:1,13
96:24 97:4 67:1,11,18
binders 96: I 1
103:10 107:20 76:11,25
70:6 139:6 c 77:16 78:10
bit broad
6 0 85:5,8,9,10,
33:20 70:3 c city 15 86:4 87:15 84:12,13,14 126:7
broader
1:6,7,16 88:13 90:18
blah 84:25 100:16 91:17 93:20
118:10 94:11 110:13 112:24 101:3,6,11
block
broke 122:5 137:8 107:13
12:7 73:5
12 . care 108:15,17
blow 34. 65:23,
71:21 89:4 109:1,16
110:5,22,23,
75:10,14,22 cared
2 117:23 25 111:3,4,
87:20
,25
Broward
89:5 13,16,17,21,
board 48:22 59:3
Carolonga 23 112:3,4,7,
117:5 99:20 8,14,17,21,22
Boca
85:7 112:8,
11,13 case 114:6,18,24
99 : 5:7,23,24 6:5 115:12,13,14
Buitrago 7:12,16,25 116:3,25 Boo 4:9
8: 8:2,3 10:12 117:23 119:2,
boil
burden
32:10,13
13:24,25
14:4,11 15:4,
16,17 120:5,
19 121:2,8,
11:10 41:22 10,16,19,20 15,18,24
book Bureau 16:4,6,15,16, 128:9 129:17
95:18 100:12 19,23 17:5, 130:14 131:5,
botch business 10,16,22,23, 8,13,19,20
32:6 65:3 25 18:2,15 133:2,7,10,
19:5,6,8,9, 13,23 136:8,
www.phippsreporting.com
([Phone Redacted]
EFTA02734803
Judge Luis Delgado
September 06, 2022 9
18 137:13
cases
39:19 100:1,
7,10,14,16,17
107:6,9,11
109:2,15,16,
22 110:11,12,
15,20,22
111:7,18
catch
58:11
category
124:2
Catholic
109:13
center
58:12
central
6:5
century
23:24
cetera
109:24
challenge
74:1
chance
93:1 cites
change 76:7 85:2
17: 13717 citizens
6,12 60:6
5:13 13:19 claim
14:13,19,24 5:12,18,21
82:16 95:1 6:21,25 7:3
109:12 110:20 8:11 15:14
charge
85:11 106:4
chat
65:13
chief
107:7 108:5
chose
113:6
Circuit
48:2 55:14,25
85:3 111:21,
22 121:18
circumstance
64:13
circumatanc
6:10 77
cite
6:
• •,13,24
1:10,18
1 3:3,6
changed
130:12
changing
39:16 130:17 civilly
chapter
:9 121:17
127:2,5
civil
6:22 10:25
13:23 14:4,10
76:10 100:13
107:9 115:12
119:16
115:13
19:24 20:13
21:7 22:3,8,
22 25:4,5,7,
10 32:14,16,
18,22 33:14,
19 35:12
37:7,16 41:2,
3,12,15,23
42:2,9 56
74:15,
21,24 14
,21
119:22
1
20:9 22:11
34:18 59:3
clarification
53:24
Clayton
116:25
clear
14:15 19:2
26:3 56:5
58:6 61:12,13
65:1 66:17
89:24 94:2
130:20
clerk
10:9,24
11:12,15,24
12:8 14:8,21
18:16 21:23
22:13 24:3,16
29:6 30:3,8,
13 35:9,21
36:1,13 37:1,
9 40:18 41:4,
6,17 43:11,18
48:6 56:14,
20,22 57:15,
17 61:11 62:8
85:12 88:6
90:6,7 91:6,
9 94:8,14
6:9 98:8,14
1 4:15 116:6
118:8 123:6,
10,14,15,16,
24 124:6
125:11 128:23
129:8 131:1
133:19 134:6,
8
clerk ,s
37:23 38:8
53:6 56:17
61:6 123:17
126:5 135:5
client
65:5 73:4
83:19 92:9
close
31:7 37:2
43:2 97:20
closer
98:24
closing
42:25 97:23
138:23 139:1,
4,6,18,19
closings
139:12
closure
50:8
www.phippsreporting.com
([Phone Redacted]
EFTA02734804
Judge Luis Delgado
September 06, 2022 10
cocaine
59:11,13
coherent
139:2
coincidently
110:23
Colgate
99:5
commended
41:13
comment
135:13
commercial
99:12,18
100:3,6
common
27:3
communications
104:10,14,18
105:23,24
107:25 125:20
community
58:16
compare
28:13
compared
132:22
compari
32 -
ling
7 :1,17
competent
8:6
competitor
50:22
complaint
10:14 23:18
32:25 33:8
44:25 45:2,24
46:8,14 60:4
61:21,24
66:15,17
74:13,14
75:2,3 78:6
81:18 86:8,
12,15,24
90:12,22,23
108:19,22
110:2 114:12,
13,22,23
115:3,5,19
116:7,10,13
117:2,4,8,17
129:15 137:11
completely
29:3 32:15
41:25 113:
complicat
112:9
:15,25
27:8,12,17
94:10
compromise
38:20
comptroller
48:6
concern
23:25 41:10
concerned
67:11,12
114:4 133:7
conclude
97:6,7 114:5
concluded
56:15 139:22
conclusion
36:6 108:6
114:10 136:9
conclusions
106:20
condensed
9:3
conduct
43:1,2
conducted
24:12
106:11
constrained
134:24
construction
135:8
construe
76:12
construed
7:4
tacted
1 :12,19
ontacting
34:19
contained
108:12 115:1
135:2
contentions
dential I 56:12
11:23 14:18
confirm
117:3 132:15
contingency
42:16 44:16
contingency -fee
conjunction 64:2
5:2 116:19 continue
connection 50:7 58:25
73:10 76:10 62:1 70:11
consideration
25:17
considered
26:22
consistent
88:24
Constitution
14:20 100:19
116:23 I contractual
constitutional i 38:24
25:10 34:11 contrary
40:6 42:8 22:17 39:13
100:14 47:18 48:1
continued
58:24 62:4
108:14 117:19
121:4
continuing
120:18 122:1
contract
100:5
www.phippsreporting.com
([Phone Redacted]
EFTA02734805
Judge Luis Delgado
September 06, 2022 11
control
7:20 8:15
10:3 20:22
29:1 35:18,20
40:11,15,17
45:15,17,18
46:3,5,25
47:19 48:3,14
52:5 53:1,5,
11 56:1 59:23
60:25 62:10
63:8 67:21
80:3,4 90:4
conversations
83:8 104:1
122:19 136:4
copies
37:1 84:16
125:17
copy
23:10 26:18
44:11 53:19,
22 54:10
55:5,6 57:7
68:2
copyright
100:4
t
:10 44:5,6
53:19 54:16
55:1,4 57:6,9
60:10,12,16
64:14 65:13
66:18,20,24
67:6,8,19,21
68:19,20,23
69:4,10 70:20
71:1,2,6,8,
13,16 74:1,
13,17,18,22,
24,25 76:7,15
79:10,22,24
82:13 83:5,15
84:15,18
86:14 87:2,9
88:15 91:17
92:5,12,13,17
94:16,17
96:5,7 111:14
117:10,11
121:14 122:21
124:11 126:18
127:6,9,23,25
128:1 132:6,
12 134:15
135:17
correspon
56:9
CO=
7 117:8,9,12
118:12 119:9,
22 120:7
134:4,7
135:14,16
country
50:17
counts
53:16
County
33:6,22 48:7
49:15 50:
55:15,
85:7 1
10 0 :7
112:8,
Act i4:5 115:15
unty's
23:21
couple
57:19 63:21
80:5 118:2
,10 court
( :02: 7
106:15
104:2, 4:3,18,22,24
6:1,17,23 7:1
114:14 120:18 8:3,7,21,25
121:20 122:12 9:6,10,14,19,
125:22 135:5 21 11:21
12:11,14,21, counsel's
24:19 24 13:5,22
14:3,23 count 17:19,23,25
5:7,10 21:1 19:23,25
22:5 25:7 21:3,7,18,22
32:25 37:13, 22:12,16
14 39:25 23:5,8,12,16,
40:1,2,4,21 17 24:1,3 74:23,24 25:20 26:3,11
75:19,22 28:3 30:4 108:23 115:5,
31:16,23
36:13 38:7
39:3,6 41:15
42:20 43:4,7,
10,18,24
44:18,22 46:9
47:14,23
49:12 51:21
2:1,11,14,21
4:4 55:10
:22 57:15
58:5 60:19
62:19 63:2,
13,15 68:6,10
69:20 70:2,7
74:10 75:5,9,
12,16 76:2,12
77:14,17,20
82:21,24
88:4,7 89:11
91:2,11 92:15
94:9,19 95:5,
10,14,16,20,
21 96:5,12,
16,19,22
97:13,19,23,
25 98:4,14,
16,22 109:2
111:22 114:1
116:21,24
117:15 129:2
134:16,21
135:11
137:16,21
138:2,5,9,11,
14,18,21
139:1,17,24
140:1,5,7
court's
6:16 8:5
39:20 55:18
www.phippsreporting.com
([Phone Redacted]
EFTA02734806
Judge Luis Delgado
September 06, 2022 12
72:9 73:21
74:17 76:23
120:10,13
134:18
courtroom
86:18
courts
6:9
cover
59:9,12
coverage
50:21,22
covered
62:20 63:13
134:22
covering
48:23
crack
59:11,13
create
22:2,4 49:2
119:14
created
131:11
creates
49:16
creation
22:1
credibi
,
ty
criminal
14:4,11 34:12
37:2 56:15
59:2 76:11
104:2 107:13
109:5 115:12,
14 119:17
Cross date
63:15,17 57:10 131:23
138:22 139:17 dated
cudgel 36:19 69:19
47:10 dates
cumulative 49:5
63:10 Dave
curiously 4:16 10:19
50:23 44:1 49:15
custodian 55:13 103:19
48:8 84:24 105:7 124:23
custody
7:20 8:15
10:3 20:21
24:4,20,21,23
28:25 36:22
37:5 40:11,
14,15,17
45:14,16
46:3,5,2
47:19
52:
1 9:23
2:10
67:21
:3,4 85:10
90:4 102:8
118:17
cut
66:23
D
damage
104:13
damaging
108:1
database
50:16
David
4:15 1
43:17
6:3 32:6
5:5 51:2,5
89:24 130:6,
7,8 140:11
days
26:2,16 38:9
54:2 82:13
91:17,18,25
92:2 93:10,
11,18 132:7
DCA
5:24 6:5 8:2
15:19 26:10
28:2 36:6
deal
15:12 23:23
33:25 64:23
66:23 102:9
109:25
dealt
109:17
debate
110:5
decide
128:10
decided
107:18,19
113:1 116:16
128:10 131:18
d cision
:15 41:18
49:2 85:3
131:21 135:25
137:7
declaration
76:11,21
77:13,19
declaratory
5:10,12,18,20
21:2,6 22:3,
9,21 25:4,9
32:25 37:7
40:2,5 41:3,
12,16 42:3,9
55:16,24
56:3,25 67:7
74:16,21
75:20,22
117:9,13,17,
24 118:12,19
119:22 120:7
133:21 134:3
declare
39:10 67:7
76:2 77:17
defamation
100:6,7
defects
25:19 31:18
defend
www.phippsreporting.com
([Phone Redacted]
EFTA02734807
Judge Luis Delgado
September 06, 2022 13
10:25 11:6
44:8
defendant
4:15 18:19
28:24 38:18,
19 47:18
48:1,4,5
55:15 59:2
87:23 111:11
112:6
defendant's
5:7
defendants
10:10 24:2
33:3,4,7 35:9
78:3,5,13
110:6
defending
110:11 112:22
defense
6:21,25 7:3
14:3 19:16,24
20:8,17,18,
23,25 22:9
72:22 73:6
95:17 96:4
100:6 104:2
11,12 106:15
110:16.425:22
Defe
1
degree
99:5,7
11
deliberation
33:18
deliver
56:6
demand
5:2,4,9 15:2
16:5,10 17:14
22:7,8,21
53:22 54:11,
14 56:13
119:25
demands
17:5
demonstrative
96:8
denial
25:16
denied
31:14 43:3
46:15 60:5
deny
43:4 46:19
77:13,19,2
denying
113:3
depe
:10
deposition
59:4,6 107:4,
9 124:4
depth
116:17
derogation
27:2
Dershowitz
104:3,6,11
105:23 108:1
125:22
describe
129:13
deserve
50:9
Design
15:17,18
destroy
108:2
deter
6:7 39:8
determination
11:21
determined
119:13 1
134:20
deter min
ning
34:14
10:7 111:10
develop
116:16
developed
116:20
devoid
32:14 41:24
difference
18:7 19:13
61:16
diligence
7:9 34:17
107:17 108:8
direct
9:24 43:20
47:12 53:14
98:18 139:10
directly
64:25
disagree
41:17
disciplinary
100:23
disclose
113:20,21
disclosed
13:18,24
21:20 46:17
d'sclosing
Adid
0:3 94:8
losure
7:21 13:22
14:12 19:4
57:23 72:8
73:23 76:5,21
78:20 88:5
104:19 113:7
120:7
discourage
39:9
discovery
123:6,10
discussed
107:8
discussing
109:18 130:13
discussion
131:4,12
discussions
108:5 114:13,
17,18 121:19
122:10,11
135:23
disingenuous
90:8
dislike
58:15
dismiss
5:7 8:18 25:7
www.phippsreporting.com
([Phone Redacted]
EFTA02734808
Judge Luis Delgado
September 06, 2022 14
33:8 37:12
39:25 40:1
46:23 47:2,
13,22 51:19
62:4 71:19
72:24,25
73:11,17,25
74:19 78:6
88:25 89:7
92:9 93:1,9
115:1,19,23
116:6,10
117:12 118:22
119:9
dismissal
26:5 27:18
38:11,21
dismissed
22:5 25:22
26:1 27:15
31:2,6 38:9
39:15 41:5
53:16 57:4,
13,14 91:16
92:8 93:2,8,
13,15,18
134:5
dismisses
38:18
dismiss la
97:16
die ositive
25:15
dispute
32:22 33:10
37:15 64:21
78:8,12
118:10 128:5
38:2 49:3
disputes
100:4,5
distracted
65:15
District
102:7,13
divert
65:2
divided
108:24
Douglas
4:14
drafted
66:21 126:20
drafting
103:6
draw
135:6
drawn
8:16
document drive
documentation
51:3 123:22
139:15t
op
5:)
54:21,
108:2
documents
24:13,17,21, 5 3,9 16:18,
22 29:20 3 17:10,16,
34:3,25 20 21:24 52:6
40:14,1 54:17,24 57:8
45:6, 60:15 91:24
13, 131:24 133:13
/3,5, 134:9
47:4 I dropping
:5,18,24 132:5
:25 53:2,7,
10 59:23 due
7:9 34:17
61:7,13 62:10 107:17 108:8
69:9 72:23
73:3,7,13 I duly
74:6 81:14,20 43:18 98:14
84:10,11,12, duty
18 89:4 23:22
101:17 103:7,
21 104:7,18
105:15 118:13
134:6
domain
107:14
earlier
60:3 89:11
91:12,14
early
36:19 79:19
easier
9:12 69:23
79:14
easy
70:10
economics
9:7
oriel
135:24
editorially
136:3
educational
99:3
effect
15:5 30:5
94:9 119:5
effusive
135:3
egotistical
135:3
egregious
43:1
Eighth
100:18
elected
44:2 50:3
email
53:23 54:10
embarrass
65:25
embarrassing
62:2
empaneled
106:9
emphasize
www.phippsreporting.com
([Phone Redacted]
EFTA02734809
Judge Luis Delgado
September 06, 2022 15
47:24
employees
14:1
employment
100:5
enclosure
28:17,22
encouraging
27:19
end
16:6 18:6
37:6 53:25
97:10 108:9,
20 118:18
engage
44:7 110:1
engagement
44:11,16
enter
12:11 103:3
119:9
entered
5:6 40:20
41:1 134:12
entire
55:11
entirety
43:5
enti
M3 :11 72:15
ed
73:3 76:3
89:3 119:6
123:4
entity
18:16 22:14
71:14
Epstein
19:9 31:5
33:23 34:4,8
45:5 49:4,16,
21,25 50:5
58:10 59:16
60:25 66:4,5,
6,8,15,23
68:25 69:1,5,
10 80:24
83:10 101:11
102:3,4,5,23
103:2,8,22
104:3 106:5
115:13 129:7
130:22 137:1
Epstein's
23:19 33:21
50:8
equal
6:19
ESQ
98:
e
8
ntially
101:14 112:9
121:25
establish
5:19 7:3
20:11 22:24
established
49:14
establishment
8:9 20:2 21:9
estate
100:4
event
91:4 96:22,24
examination
13:3 43:20
63:15,17
94:21 98:18
138:22 139:18
97:2 14:19
eventually exercise
54:21 57:15 134:25
evidence exercised
8:6 12:16,17 131:21
15:6 22:18 exhibit
30:11 31:9,18 9:10,11 12:13
33:5,16,21 8:16 29:8,11
40:9,12 43:12 2:24 33:1
55:19 76:4,22 .22,23
78:4,14 83:1 36:16 38:1,2
95:23 96: 40:25 42:21
98:9 11010 ii 44:10,15 49:8
139:22 51:9 67:23
evi 68:5,7,9,15,
16,18 69:20,
Is 21 70:13
:4,5 71:20 79:16
act 83:5,15
32:8 87:19,23
91:16 94:4
exaggerated 95:18 103:11,
59:1 I 13,14,18
105:4,22
107:24
111:15,16
117:1 118:4
120:22 124:13
exceptional 126:12,13
76:25 77:16 127:15
exceptions 128:14,16
130:9 132:1, 5:14
4,14 133:15,
exclusively 16
125:5
excuse
56:2
excused
95:5,7 140:3
exempt
exhibits
12:15,21
28:13,14
29:13 81:8
83:14 95:18,
19,21 96:2
104:6 124:3
www.phippsreporting.com
([Phone Redacted]
EFTA02734810
Judge Luis Delgado
September 06, 2022 16
exist
31:9 92:20
existed
51:7
existing
7:4 20:1
21:9,13
exists
32:22 33:10
37:15 43:2
78:8 118:10
expanded
6:10
expansive
135:8
expect
12:3
expectation
20:3
experience
99:9 110:9
experienced
34:10
expert
18:12 106:24
experts
97:16
explain
19 : 1
:6
ned
3'4:9
explaining
49:10
exposed
23:2
extension
19:25 21:12,
15 42:4
extensive
110:9
extent
111:5
extra
68:1
extraordinary
49:1
extreme
58:15
extremely
103:4
F
F-E-R-E-R-E
27:25
Facebook
48:19 5
51:4,1
face
11 8:9,16,
17 10:14 12:8
13:6 41:23
47:4 48:5
54:15 58:9
61:4 62:12
63:7 64:19,22
66:17 69:16
77:14 86:1
88:12 97:9
106:9 111:3
facts
5:19,22 7:2, family
5,12 16:2 62:23
20:3,11 22:23 fast
23:1 25:18
32:15 39:12
41:25 56:7
59:5 108:9
112:9 136:10
factual
20:16,19
108:13
125:14,15
factually
136:3
failed
17:11
20:7 2
31 9
22:10,
air
64:6 91:1
93:25
fairly
106:12
faith
19:25 20:17,
18 21:8 32:22
33:10,17
37:15 42:3
58:3 73:8
78:7,12 89:6
117:23 118:10
familiar
44:21,24
46:13 51:19
87:9,10
110:16
96:14 126:7
favor
14:7 41:16
57:16
FBI
91:12 102:6
104:15 105:25
123:14 125:23
dotal
:6 101:5
109:15 110:3,
22 111:22
112:10
feds
66:24
fee
6:18 42:19
44:16 93:8,13
128:6,13
feel
97:25
feels
137:9
fees
4:5 5:1 6:11,
15 15:7,11,14
16:11,12,17,
22,25 17:21
18:2,5,8,9,11
25:25 26:15,
24 27:16
28:21 29:15
36:18 37:25
38:24 39:12
42:11,20,22
44:4 53:25
59:20 120:1
122:21,24
127:18,20,25
128:3 132:8
www.phippsreporting.com
([Phone Redacted]
EFTA02734811
Judge Luis Delgado
September 06, 2022 17
felt 79:19 86:2
23:22 88:23 87:25 91:15
105:2 112:23 92:8,12,17
116:24 93:5,17
134:24,25 108:15,19
Ferere 114:13,23,25
27:25 115:3 116:9,
Ferlanti 12 122:20,24
123:1 124:10 8:1 125:2 128:2,
Fifteen 7,12,13
97:19 130:20 131:8
fight 132:19
59:20,21
file
19:2,4 54:25
92:3 95:1
115:18 116:6
124:18 126:9
127:12 132:8
133:18
filed
5:1 7:11 8:10
11:14 15:8,
11,14 16:11,
14,16,20,21,
24 17:21,24
23:18 25:21,
24 26:16 27:
35:227
35: 5
4
7:2
2:3,15 63:22
6 :17 65:4
66:13,25
67:11 70:25
71:5 72:21
73:11,15,19,
23 74:12,13
77:7 78:6
files
15:20
filing
17:19 18:7
19:14 26:19
27:15 31:13
37:12,14,
38:7 92:
108:21
129
f
nal
40:15
:21 48:11
108:16 109:20
finding
39:21 102:18
104:1
findings
8:5 97:9
finds
6:23
fine
60:13 62:21
138:25
finish
137:17
finished
rm
:15,21
rewall
136:1
firm
44:7 67:22
99:20
firm's
18:9 44:11,16
five-minute
14:7 18:9,20, 95:9
21 19:1 40:24 flesh
41:1,8 133:15 109:10
134:13,18 fleshing
135:18 109:8
finally flip
12:5 38:6 23:9 70:4
42:10 54:22 80:11
find
8:22 9:4
17:23 18:3
46:7,10 59:12
91:11 102:2
flipping
75:6
Florida
4:11 5:13 6:6
14:13 19:8
25:8,11 32:2
33:9 40:7
42:7,16,17
48:7 55:15,17
56:19 76:3
97:17 99:25
102:13 109:9,
11 110:8
i, 16:22 119:10
us
6 :3
ocused
125:5
focusing
7:8
follow
18:25 19:3
force
118:13
forced
88:25 89:1,6
fore
104:16
forms
137:2
Fort
99:1,14
forward
50:7 118:21
forwarding
126:7
found
5:24 8:1
12:12 15:18
108:15 109:16
110:21
Fourteenth
100:19
www.phippsreporting.com
([Phone Redacted]
EFTA02734812
Judge Luis Delgado
September 06, 2022 18
Fourth furthering
5:24 6:5 8:2 135:10
15:19 28:2
36:5 94:2
100:17
frankly
11:21
fraud
100:5
Friday
97:4,10 138:9
friend
136:22
friends
62:23
frivolous
32:14,17
33:19 36:3
41:15 24
59:21 62:3
64:23 65:3
72:25 90:18
front
59:1 67:23
74:20 107:22
108:3 117:6
132:2 134:13
137:13
front -p
59.
f
ful illed
129:16
full
9:4,11
furtherance
76:6,18
a
G-R-Y-G-I-E-L
101:23
game
53:7
gave
116:2,4
general
99:22 110:10
General's
100:10
generally
52:14
genuine
23:25 41:1A sse
Georgia ecs,138:6
Gera
5
32:19
5 75:21
26:22
give
6:1 9:5
8 23:12
45:9,10
11:3,
43:12
72:16
76:13 85:12
93:1 98:9
119:2 131:14
138:19 139:18
Glade
111:1
78:22 85:24
86:17,20
89:12 90:2
good
4:7,13 19:25
20:17,18 21:8
32:22 33:10,
17 37:15 42:3
43:22,25 58:3
63:19 64:12
73:8 78:7,12
98:20 117:
118:10 1
139:23
govern
3
ace
92:10,11
93:15
graduated
99:6
grand
5:14 7:22
10:21 14:2,
17,22 21:20
22:15 23:19
24:4,7,16
25:1 29:1,6
30:14,23,24
31:5 33:6
35:8,14,18
36:12,24 37:5
38:3 39:17
40:19 41:7
45:6,15 46:16
goal 48:23 50:5
39:13 53:3 54:14 55:20
59:24 60:2,22 56:14,17
60:6,25 61:9
62:10 63:8
67:4,6,14,19
69:10 72:7,10
73:22 76:5,
23,24 77:15
78:5 80:24
81:2,4 83:10
4:24 85:2,
1,16,18,20
:4 102:19
103:1,21
104:9,13
106:3,9,20
107:20,22
108:3 109:14,
15 111:2,4,22
112:3,10,12,
19,20,25
113:13,15,19
114:7 115:8,
24 116:22,23
117:20 118:17
119:1,4,7
120:8 121:13,
17 122:7
123:24 125:6,
9,12,17
127:1,2
129:1,7,11,21
130:22,25
134:23
grant
7:23 30:4
56:14 94:9
granted
57:15
granting
5:6
great
49:7 109:25
www.phippsreporting.com
([Phone Redacted]
EFTA02734813
Judge Luis Delgado
September 06, 2022 19
137:10 140:11
greater
109:7
Greenberg
4:10 30:15
33:17 34:8
99:1,11,13,16
100:1 101:15
104:23 106:22
107:16 114:5
123:6 126:8
131:1 135:4
136:9
ground
106:12 119:17
grounds
123:2 125:21
group
101 : 15
Grygiel
70:14 82:11
83:12 84:17
101:12,19,22
104:25 105:6
106:23 136:13
Grygiel's
83:4 84:4
guess
64:15
91 5.2
Tie
guise
8:3
guys
72:21 98:4
H
Hafele
19:1 41:1,8
128:9,10
133:24
134:11,12,20
Hafele's
14:7 18:20,21
40:24
half
134:1
hand
35:24 68:13
139:15
handle
100:11 109:1
handled
110:15 AN v
hands
134:
ha
( S e
38:8
happ ed
:24 66:14,
24 84:3 86:19
91:14 128:1
happy
131:22 136:23
137:1,4
harass
36:2
harbor
27:13,17
hard
41:14 69:18
90:24 139:15
hate
70:5
head
4:22 101:21
heads
101:15
hear
11:15 18:14
25:23 30:14,
19 34:10,18,
24 35:1,3,6
36:5,15 3
(:1.4)
39:14 9 .1
heard
2. 25:5
40:11
Ag.:4 128:7,8
:24 134:1
Baring
8:18 12:11
40:9 44:22
51:19 60:9
74:23 78:21,
25 128:3,4,12
132:13 139:21
140:13
hearings
65:8
hearsay
74:9 84:7
held
15:20 43:24
helped
102:14 109:5
helps
18:20
Herald
58:9 66:1
hero
58:11
hey
76:12
hid
67:6
hiding
7:4,15
h
:5,10 41:22
igher
38:14
highlight
71:25
highlighted
87:21 128:18
hindsight
126:3
hired
59:9
history
109:21
Hofstra
99:7
hold
81:17
Holdings
4:11
honest
110:5 136:24
honestly
108:3 122:3
138:10
Honor
4:7,13,17,20,
23 9:8,22
13:1 16:21
17:2,13 18:3
www.phippsreporting.com
([Phone Redacted]
EFTA02734814
Judge Luis Delgado
September 06, 2022 20
23:6,7,10
24:18 25:14
26:8 29:9
31:16 32:1,23
39:19 42:25
43:6 44:15
46:7 47:11,15
51:24 52:8,18
53:21 54:6,7
58:1,4 60:17
62:17 68:7,8
69:21 74:8
82:15 95:6,8,
15,25 96:1,8,
21 97:12
98:2,3,17
137:19 138:6,
17,24 139:14
140:3
Honor's
27:11 28:1
39:1 111:24
hope
50:7
hoped
123:25
hopeful
113:23 115:2
122:5
host
92
138:3
20:2 134:1
hours'
108:12
Howard
44:12
humanity
137:2
hundreds
108:12
I
idea
29:10 65:20
78:20 86:16
89:12
impacted
62:23
important
24:24 25:2
38:11 40:4
importantly
24:14 27:5
29:24 35:17
41:19
imposed
42:11
impos
8
le
7:1 11::4 17
:17 2 0:20
52:21,24 56:4
94:10 137:20
impression
41:9 42:2
improper
7:17 19:11
improperly
17:24 72:2,7
73:20
in-camera
114:2
in-depth
109:7
inch
11:19
Incidentally
67:22
include
55:2 105:21
120:19
included
18:8 37:10
39:2 57:3
100:16 107:2
112:20
includes
7:6
6:6
50:22
5:23
nconsistent
90:1
independently
15:25 27:12
31:11
indicating
29:23 31:24
85:8 101:25
123:25
indication
73:12
indictment
106:20 125:24
individual
84:7 111:1
inform
23:22 34:1
102:3
information
106:1,2,19
107:17 108:1
informed
7:15 46:21
90:4
informing
55:22
inherent
5:18 72:9
3:21 74:17
:24 77:15
116:21 117:14
120:10,11,14
134:22 135:1
inhibit
120:13
initial
27:7 48:11
108:19,22
110:2 114:12,
22 115:2,4,19
116:7,10,12
119:25 123:1
129:14
initially
6:25 19:24
129:16
initiative
6:16
injure
104:7
inmate
110:25
input
136:12
inquiry
8:7
insisted
59:18
www.phippsreporting.com
([Phone Redacted]
EFTA02734815
Judge Luis Delgado
September 06, 2022 21
instance
56:18
instructed
18:22
intentionally
62:14
interest
6:18 23:25
66:7 76:14,25
77:16 85:1
107:2 113:8
interested
19:6 102:18,
23 103:24
104:1 112:16
113:24
interesting
17:22 18:13
20:24
Internet
49:4
interpret
21:18 32:9
interpretation
21:4,8,21
interpretatiop
21:14
interpr
32: tw4-c,
in tories
in rruption
138:20
intervening
61:17
introduce
43:23 98:22
investigation
23:20 24:6,12
33:23 34:7
35:14 49:21
66:5,8,11
82:1 102:19
103:21 104:5
106:7 112:12
investigations
50:7
investigative
81:8
investigatory
108:13
involved
25:10 65:6
66:14,17,18
67:23 85:7
101:10 103:
110:24,2
involve
40:
in
0:14
97.2 115:13
elevant
51:25 58:2
Island
97:17 138:3
issue
41:2 42:7,9
59:8 79:1,6,9
88:12,15
89:15 113:8
116:17 120:15
125:7,14,15
issued
54:11 112:10
120:3
issues
25:16 40:5
41:10 102:9
104:16 107:1
109:1,17
114:3
items
103:24 107:15
J.D.
99:7
J10
47:12,
31
3:21
316
79:15
318
55:6
J2
77:10
J23
57:7
J29
9:4,14,15
12:12
J6
47:12,16
71:19
J9
46:8 75:3,4
44:7
Jail
James
110:23
111:12,14
112:21
January
45:2 49:6,7
70:24
Jeanne
4:12
Je rey
19:9 23:19
45:5 49:3,16,
21,25 58:10
59:16 60:25
66:8 68:25
69:1,5 83:10
101:11 102:3,
23 103:2,22
130:22
Jennifer
4:9
joinder
133:9
joint
8:23 12:15,21
28:14 29:11
42:21 44:10,
15 49:8 51:9
95:18,22 96:2
103:13,18
105:22
Journal
140:8
Judge
5:6 8:17 10:1
14:7 18:20,21
19:1 22:6
25:6 39:24
40:9,20,24
41:1,8 51:20
www.phippsreporting.com
([Phone Redacted]
EFTA02734816
Judge Luis Delgado
September 06, 2022 22
52:3 53:12,15
57:23 61:13
62:25 63:10,
16 74:20
92:22 93:24
94:18 119:8
120:2 128:9,
10 133:24
134:11,12,20
judgment
10:19 11:2, jurisdiction
12,20 12:2 25:20 26:4,12
14:7 18:20,21 101:1
19:1 29:21
40:25 41:1,8
54:25 57:1,3,
16 74:16,21
117:9,13,24
118:23 119:22
120:7 124:10,
14,18 125:9
128:8 133:15,
19,25 134:3,
10,13,14,18
135:18
judicial
19:3 39:9
48:2 55:14,
judicia
120:1
July
:16
S
:21,24
June
5:3 8:17
26:25 30:19
36:16,19,20
38:4 51:19
53:13 54:1
79:2,10,19
80:14,15
84:21 86:21
88:1 89:16
92:4 119:8
120:3,20
122:2,12,15
127:19,24
128:7,13
133:6
jurisdictional
25:16,19
31:7,18
jury
5:14,15 7:22
10:21 14:2,
17,22 21:
22:15 2
24:4,
25:
,24
125:6 3:7
:,14,18 justice
6:12,24 37:5 50:8 76:6,14,
38:3 39:17 18 135:10
40:19 41:7 justified
45:6,15 46:16 13:6
48:23 50:5
52:15 54:14
55:20 56:14,
17 60:6,25 K-A-M
61:9 62:10 15:17
63:9 67:4,6, K-A-M-E
14,19 69:10 15:18
72:8,10 73:22 Kame
76:5,23,24 15:16,17 27:6
83:10 84:24
85:2,11,16,
18,20 89:4
102:19 103:1,
21 104:9,13
106:3,9,20
107:21,22
108:3 109:14,
15 111:2,4,22
112:3,10,12,
19,20,25
113:13,15,i
114:7 115
:!)
24 116 2,
117:20
4,7
121:13,
2:7
:24 125:9,
2,17 127:1,2
129:1,7,11,21
130:22,25
134:23
77:15 78:5
keeping 80:24 81:3,4
jury's
53:5 61:5
121:7
Kelly
38:25
key
7:7
kill
91:3
d
1 :12
ew
6:24 7:8 8:8
22:19 45:22
52:4,10,25
53:9 59:22
88:11 104:5
106:7 113:12
125:18 126:1
knowing
128:11
knowledge
84:2 109:7
Krischer
48:23 82:12
104:6 106:13,
14 108:7
110:24 113:14
123:13 125:18
Krischer's
81:14 82:2
102:10,24
104:4,10,15
105:24 108:2
125:21
L
Labor
100:12
102:12,17
www.phippsreporting.com
([Phone Redacted]
EFTA02734817
Judge Luis Delgado
September 06, 2022 23
lack
137:7
lacked
40:6 41:25
42:4,8 44:7
47:2,3,5,6
lay
120:18
leader
38:4 44:12,16
53:18,20,22
54:5,13 68:18
119:13 54:15 72:24 58:21 69:3,6,8,14,
lacks 73:1,2 89:1,9 leading 16,19 70:13,
92:22 97:8 16,17 79:14, 25:20 26:11 60:18 125:23
48:13 99:8,24
learned
16,20 80:6,7,
100:14 109:13 8,10,12,16
Lago 110:8 126:17 126:3 4:22 86:11,
15:16,17 136:10 leave 2,23,25
16:4,8 17:22
laws
12:25 79:25 8 5,11,12
27:6,11
laid
113:4 left
9:16 35:
89:17,19,20,
22 90:13 lawsuit 79:21 97:7 1 8:2 103:14,17,19, 7:11 11:7
Langen 29:5 35:8 legal 23 104:21,22,
99:20 52:7 53:4 7 4:1,25 25 105:3,7,13
language 54:18 57:8,25 A34:17 119:25
6:14 19:19 58:7 59:21 6 • 59:20 120:20,23
121:1,8,10, 20:6 21:11 60:23 62:3,1 :7 67:13,
112:17 64:23 65:3```6 14,17 73:1,24 15,21 122:2,
12 125:10
large
46:16 49:19
67:7 71. ,5
72:21, 5
89:2 108:13,
21 111 :5
130:1,2,10
73: 9:3 136:2,7 letters
late 70:20 71:4,5
15:4 73:15 89:6 legislative
latest
:9
: 107:20
109:21 73:19 82:11,
14,16 83:5,13
89:16 8:11,14
legislature 87:8 103:6
120:13,15 Lauderdale lawsuits 104:23
99:1,14 50:6
legitimate licensed
66:7 Lauren lawyer 99:23
4:8(7) 63:22 65:13
leniency
23:24 34:5
lies
la 70:14 72:5 88:6
21 7:4, 73:24 79:19 lenient light
13:7 20:1, 87:1,4,6,8 103:4 106:4,5 34:4 103:2
2,10,12 21:9, 90:11,13,17, letter Likewise
10,13 22:1,2, 24 5:4,9,16 15:3 30:6
25 25:10,11, 16:10,13 lawyers limitations 12 26:3,6 15:1 22:18 17:14 28:18,
135:1 27:3,5,6 48:13 78:11 22 30:20
31:21 32:15 107:10 34:24 36:16, limited
34:12 36:6,9 19 37:3,18 34:3 40:21
www.phippsreporting.com
([Phone Redacted]
EFTA02734818
Judge Luis Delgado
September 06, 2022 24
107:25 119:15
120:11
lines
9:25 10:5
28:23
link
49:24
litigation
6:15 27:20
38:21 39:10
99:19 100:3,
12,13 110:18
123:8
litigator
99:12
LLC
8:1 15:18
located
97:17
log
123:23,25
124:7
logic
139:3
logical
93:3
long
43:24 .22
61:
9 7:15
7:16 129:19,
22,23 130:25
133:12
looked
83:16 93:6
109:12
Lorenza
99:20
Los
106:23
lose
33:13
losing
6:20,23 8:8
lost
48:25
lot
7:6 39:23
83:13
lower
9:16
lowest
137:2
luck
34:3
17:9,15
:9 28:10
4:2 49:2
51:20 56:7
58:12 61:13
78:19 89:21
94:11,25
105:18 111:5
131:21 133:4
main
29:4
major
make
8:7 18:14
19:16 36:23
38:12,19
47:1,13 50:11
59:25 65:5
79:14 85:19
89:1,13,25
95:19 96:14
97:22 137:10
138:7 139:10,
12
makes
19:1 29:18
66:17 92:3
135:7
making
20:16 2
6:17
22 :18 137:1
management
128:9
mark
4:8 12:18
Marx
5:6 8:17 10:2
22:6 25:6
39:24 40:9,20
51:20 52:3
57:23 61:13
74:20,23
119:8,9 120:2
Marx's
53:13,15
Mary
15:17
massive
133:3
material
5:19,22 7:2,5
20:3 22:23
23:1 83:15
94:8
materials
5:15 13:9
14:17 20:21
23:19 29:1
30:4,14,24
1:Alimmat5 35:9
6:12,24
3 :5,23 41:7
46:16,20
55:21 56:2,4,
7,15,17,21
72:8 73:21
76:10 80:25
81:2,8 82:1,
12 85:16,20
86:6 88:5
91:22 94:14
104:12
105:20,21
106:8,14,17
107:11,12,14,
21,23 108:4
112:12
113:13,20,24
114:8 115:10,
16 116:19
117:20
118:18,25
119:16
123:13,16,24
125:12,17
129:1,8,11,
18,22 130:23
131:1
matter
23:25 47:3,4,
5 55:16 56:9
59:15 66:4,5,
www.phippsreporting.com
([Phone Redacted]
EFTA02734819
Judge Luis Delgado
September 06, 2022 25
6,7 68:25 99:21 103:16 minute
69:1,5,10 119:20 137:14 138:19
72:24 73:1 138:16 minutes
89:1,2,8 90:3 Mendelsohn's 33:5 55:19
97:1 102:4 35:4 37:18 63:21 64:16
117:2 135:17 70:16 84:4 76:4,22 78:4,
means mentioned 14 81:9,10,12
33:19 92:19 26:20 90:10 85:23 86:19
mechanism 105:22 111:12 95:11 96:18
7:13 131:14 97:19 118:8
media I mentioning 137:18,25
50:16,21 I 73:6 138:1
56:11 101:13,
15 109:3
media's
107:2
meeting
131:3
member
136:5
merit
32:14 33:15
41:24
meritless
6:7,12
merits
25:13
message 441%,/
memorandum I 48:19
87:24 126:16
Mendelsohn
13:3 30:15,
17,20 34:9,
19,24 35:1,
36:5,8,15,20
37:3 38
39:14
54 ::T9.
9:10
.4,12
22 82:11
84:17,21
85:8,22,25
86:3,25 87:13
89:17 90:11,
16,17 96:11,
13,19 98:13,
20,23,25
met
:22
:9 66:1
99:20
Michael
101:12
middle
80:18 105:17
Mike
70:14 101:19
miles
58:9
mind
17:9 59:21
98:4 126:22
139:4
misleadi
17:12
59:2 61
m
Aci4:w 105:23
poke
64:24
misuse
39:8
misusing
102:25
mixture
117:14
modification
20:1 21:12
modified
21:17
monetary
19:21
money
59:19 63:23
64:1,4,11,14,
18,24,25 65:2
months
34:13 37:17
51:6 64:23
Mortgage
7:25
motion
4:5,19,25
5:7,8 6:16
8:17 15:7,10,
13,21,23,24
16:11,12,14,
6,17,21,25
7:18,20,24
1:1,4,8
19:4,15 25:3,
6,17,21,25
26:4,5,12,13,
15,18,22,24
27:7,9,16
28:6,10,11,
12,13,16,17,
19 29:3,9,10,
11,13,14,15,
18,19,21,24
30:2 31:8,10,
11,14 33:13
36:18 37:12,
25 39:24 40:1
42:23 43:3,5
44:4 46:23
47:2,22 51:19
53:25 54:25
56:25 57:2,5
63:22 64:11,
17 71:18
72:23 73:11,
16,17 74:12,
19 79:19 86:2
87:25 88:25
89:7 92:3,4,
7,8,12,14,16,
19,23,24
94:6,15,16
101:4,8
www.phippsreporting.com
([Phone Redacted]
EFTA02734820
Judge Luis Delgado
September 06, 2022 26
115:1,18
116:6,9
118:22 119:9
120:1 122:20,
24 123:1,2
124:10,14,17
125:9 126:10,
19 127:18,20,
21,25 128:2,
6,7,13 132:8,
11,15,18,21,
22,23 133:5,
19,25 134:10,
13
motions
33:7 47:13
78:6
mouthpiece
109:4
move
50:7 59:24
69:18 74:8
98:24 133:14
moved
60:22
85:24
78:22
86:21
117:11,12
118:21
moving
53:3
86
•
1
9 :18
hu
multiple
7:16 50:1
mutual
136:22
0:2
N
name's
4:14
named
24:2,10,11
30:21 35:19
36:21 71:6
80:19,21
84:23,25
85:9,10 87:15
99:19 111:3
112:6,8 113:9
121:2,4 125:3
127:8
naming
10:12 35:9
narrative
58:12
1 (<: SK19:17
narrow
nat
necessarily
111:20
needed
19:12 36:9,10
37:20,21
39:16 62:7
85:19 88:13
106:2
needless
39:9
negotiate
102:14
neutral
122:5 129:19
130:12 131:10
neutrality
38:9 131:11,
16,19 133:2,
13
news
102:5,11
newspaper
8:12 13:12,21
45:4 46:19,2
48:13 52:
53:9 5
57:22
59• 6
At
er's
125 46:14
35:12
newspapers
59:17 65:4
101:14
nice
122:18
nickel
64:5,7
Nina
106:23
nods
4:22 101:21
non -prosecution
102:14 103:3
106:6 125:24
noncurable
25:15
Nonetheless
7:15 88:2
128:21
notably
7:6
note
32:5 38:11
40:4 47:17
117:22
noted
24:1 41:8
34:17
14:16,17
notice
8:19 26:14
27:10,22
28:7,21 31:1
53:18 57:7
89:20,23
92:15,25
132:4
noticed
128:2,4
132:13
notify
48:12 50:11
noting
42:10
Notwithstanding
19:21
November
5:1 16:18,25
25:25 26:19
34:16 44:4
45:1 70:25
108:20 114:13
number
9:16,19,24
19:9 24:2,4
25:20 26:11
32:17 34:2
www.phippsreporting.com
([Phone Redacted]
EFTA02734821
Judge Luis Delgado
September 06, 2022 27
35:13,16,24
36:22,24 40:8
49:19 58:8,14
68:6,22 69:9
73:6 101:13
numbers
9:5,18
numerous
58:17
O
object
29:6 30:24
31:1 35:21
36:12 37:8,22
38:7 39:19
40:18 53:6
60:13 61:6
78:20 79:8
85:12 86:6
88:14 89:13,
14 90:21
91:24 113:4,6
115:23 127:1
128:25 130:25
objected
84:6 112:14
129:17
objecti g
61
0:6
1 :14 30:3,7,
ion
12,13 31:4
41:6 51:24
52:8,11 58:1
60:17 62:17,
21,25 63:10
73:20 82:15
88:3,4 91:6, 89:18 91:5,23
21 94:7,13 93:5,12 105:8
98:1 118:7 122:15 126:7
128:22 129:7 127:11 129:5
131:16 134:6 130:2 131:25
objections 132:3
52:15 114:20, offended
21 137:9
obligation offhand
7:10 17:18 77:8
115:24 office
obligations 19:10 24:
42:19 7,9,12
obstruct 28:25
61:3 73:5 35 5, 1T,20
obtain 38:6
42:12
45:5,7 56:6 12 45:25 107:20 109:4
116:19
obtained 50:6 55:24
107:9 56:5,10,16,18
obta 59:10,12,13
64:19,22
65:14 66:11
:9 68:22 69:4,13
occasionally 70:15 71:3,
10,15 73:12
:4 48:1,13
49:3,9,13,19
100:18
occur 80:25 81:3,
128:11 11,24 83:3,8
occurred 84:8,18 85:1,
49:25 107:22 18 90:19,21
108:18 113:14 94:25 95:2
118:21 99:2,14,16
October 100:10
16:19,24 26:2 101:13,18
31:4,6 37:19 102:7,10,24
38:5 57:12 103:7 104:4,
70:13,16 10,15,16,24
88:12,15,17 105:1,7,10,
74:5 78:10
16,19,24,25
106:13,18,24
108:2 113:3,
12,13 118:17,
18 119:3
121:6,12
123:15,17
124:10
25:11,21
26:4,5,6
:25
130:21,24
office's
104:20
official
35:17 71:6,16
73:23 84:25
100:16
110:13,18
112:23 113:3
121:12 122:4
137:8
officially
119:3
officials
100:15
110:11,12,21
112:22
Olympus
26:6
one-sided
58:18
ongoing
59:7,14
online
49:20
open
19:15
opening
www.phippsreporting.com
([Phone Redacted]
EFTA02734822
Judge Luis Delgado
September 06, 2022 28
24:19 26:21 38:8 129:1 I pains
28:24 78:19 original
operative 15:23 16:7, I palatable
115:11 17,21 18:4 41:13
opportunity 44:25 71:18 Palm
17:3,7 116:2, 87:25 92:4 4:11 23:20
4 119:3,6 94:15 127:24 33:2,6,22
131:15 originally- 46:15 48:6,16
oppose filed 49:15 50:2,
37:11 93:7 18:1 15,23 51:1
117:19 121:25 outlet 55:14,20
122:1 130:21 50:16 58:7,16,1
59:4,8, opposed I outright
85:23 118:24 I 31:15 60:5,6
65:22
opposing I outset
111:6 42:19
opposite
41:14
opposition
39:17 87:25
131:18
option
35:7 131:21
oratory
98:6
order
5:6 14:2
22:16
40:
4 :13,
2
4:17 85:17
8":4 88:7
91:11 92:15
94:9 119:9,
18,21 120:2
128:11 134:12
ordered
13:22 36:13
overcome
31:17 58:8
120:9
overesti
98:6
ova
:5
P
ti
137:10
4:12
A(401:; 101:11,
6 8 102:20
5:10,18
107:7 108:6
110:25
115:14,17
126:5
paper
50:23,24
136:6,9,15,16
paragraph
19:23 30:1,5
72:3 75:25
p.m. 76:12,20
4:2 95:12,13 77:4,13,19,23
138:19 140:2, 80:18 87:16
13 88:1,2 94:4
117:23 118:4 pages
28:18,19 i 130:18
29:12,13 paralegal
103:25 128:15 4:9
paid paralegals
6:19 42:12 107:3
64:7
part
14:16 17:22
21:25 22:7
74:2 86:24
87:20 106:6,
24 135:10
participate
109:4
p rticipated
1:3 112:14
parties
13:24 19:5
27:19 32:23
33:11 78:8,13
95:24 138:23
139:4
partner
99:19
partners'
82:11
party
6:17,19,20,23
7:17 8:8
15:20 16:4
18:15,19
19:11 24:10,
11 25:22 26:2
29:5 30:22
32:12 35:12
36:7,21 37:7
38:13,15,16,
17,19,22,23
39:11 41:5,20
47:21 48:5
57:8 80:21
84:23 85:17
91:24 110:17
111:3,11,20
112:24 114:6
118:18 121:2
www.phippsreporting.com
([Phone Redacted]
EFTA02734823
Judge Luis Delgado
September 06, 2022 29
125:3 127:8
131:13,24
132:5 133:11,
22
party's
6:20,24
past
51:6 58:18
62:5 67:3
96:23,24 97:3
pay
59:20
pending
93:20 115:11,
12,13 119:16
people
48:18 83:9
98:5,6
perception
60:22
perform
12:4
performance
11:1,17
period
62:5 92:10
93:15
person
12:
1 :6
7 :9
sonal
51':20 71:7
84:2 108:5
136:18
personally
42:13 66:14,
16 71:11
81:22 82:9
persons
14:2
persuasive
41:13
pertinent
14:16
Peter 55:16,18
48:21 I 56:4,8,1
petition 60:10
85:5 82:19
phase 9 6 96:10
97:14 108:11
83:6 84:5 127:18,25
87:7 107:6 132:23
109:10 115:25 i plaintiff
137:9 7:9,15 8:19
14:9,15 15:1,
3,12 17:7
18:14,22 20:5
21:5 22:18
23:2 30:9
38:18,20 44:5
50:12 54:11
phone
122:18
phonetic
99:21
phras
7
ti
: 4 125:16
ed
18:1
pinned
50:18 51:6
place
22:3
place -holder
133:5
place -marker
26:24 27:7
28:11,12,16
29:19 31:10
36:18 37:25
119:25 126:10
AcTek iff's
5,9 22:17
28:4 47:18,25
55:23 56:24
62:24 63:5
87:24
128:23
plaintiffs
5:3,17 13:12
plaintiffs'
107:10
play
116:2 122:4
played
116:4
playing
116:1
plea
66:23 102:9,
14
pleading
67:5 88:9
131:8
www.phippsreporting.com
([Phone Redacted]
pleadings
44:21 56:9
66:13,21,25
67:10 73:19
87:10
pleased
129:25
130:16,19,23
p enty
.17
point
24:24 35:15
53:24 57:4
59:12 64:12
70:19 72:13
73:13,14 81:1
93:2 97:13
113:12 120:4
121:20 123:5
125:1,10,18
127:7 130:13
points
18:24
police
107:8 108:5
popped
78:21
portal
49:2,14,16
50:24 51:5
83:19,20
portion
75:10
position
8:12 13:11
17:4,8,14,17
30:11,16 38:9
43:24 47:5
54:14 58:22
EFTA02734824
Judge Luis Delgado
September 06, 2022 30
73:2,23,25
79:6 88:24
114:23 115:4,
8,15 118:16
122:6 125:6
129:11,19,22,
23 130:3,13
131:7,10
133:3 134:17
positions
29:25 114:25
136:7,8
possess
46:24
possessed
50:6 67:4
possession
7:20 22:13
24:13,21 37:5
45:14,16,25
46:3,5 48:8,
14 51:1 52:5
53:5 56:1,20
60:24 63:7
67:21 79:5
80:3,4,24
81:1,4 90:3
19 105:9
114:7
125:5;
13
23:18,22
27':2 26:1
30:16 33:3,
16,22 34:2,8,
13 35:3,6,7,8
39:15 43:3
46:15 48:17
50:15,23
51:1,10 58:8,
16,18,21
59:4,8,16
60:5 62:11
65:23 68:23
72:7,14
74:13,14
76:1,9,20
78:2 86:4,17
88:12 89:2
91:16,24
101:11,16
102:2,18,23
103:20 104:19
105:11,16,18
106:2 115:13,
17 116:10,17
119:13 123:6
126:8 131:4
132:19 133:
134:19 1
136:2, predecessors
Post' 66:6
4 preeminent
20:18 115:9
130:21 prefer
1:2 134:17 98:2 138:24
post -1999 139:1,5
6:9 prefers
post -trial 98:3
28:6 prejudgment
posted 6:18
51:3 prejudice
posting 5:8 22:6
49:20 preparation
posts 137:7
53:3 59:24 present
60:3,22 78:22 6:15 99:15
85:24 86:17, presentation
20,21 89:12 139:22
90:2
posturing
10:12
power
7:23 24:15
35:21 36:23
45:19,21
powers
72:10 73:22
practice
99:23 100:
precluded
13:15
predator
ssor
21 66:11,
8 109:19
110:24
presentations
134:19
presented
6:25 13:4,20
15:1 19:24
21:7 33:6
55:19 76:4,22
78:4,15 81:2,
113:15
ident
102:11
press
49:9,13
50:10,14,17
51:12 56:10
67:12,15
83:21
pretty
79:13 94:2
130:4
prevail
28:20
prevailing
6:19 32:11
38:12,14,16,
17,19,23
39:11 41:20
prevent
24:16 48:17
61:10,20
116:23 125:11
prevented
63:6
prevention
129:21
preventive
129:21
previous
17:20 99:15
www.phippsreporting.com
([Phone Redacted]
EFTA02734825
Judge Luis Delgado
September 06, 2022 31
previously
37:11 49:22
51:21 131:6,
14
primarily
100:13 108:25
109:9
primary
85:1
prime
113:8
principal
110:7
printed
136:14
prior
17:19 26:23
27:15 59:10
68:21 73:19
92:16 99:19
102:19 129:11
private
40:22 119:14
problem
72:21
procedural
10:12
procedu
6:8 2
Pr
pr eedings
4:2 76:24
77:15 109:5
121:18 125:10
127:3
process
8:9 85:11
103:1 108:8
109:15 112:19
134:24
produce
7:19 45:8,9
54:14 56:5
118:13
produced
83:21 84:20
91:10
produces
91:7
producing
24:16 30:3,13
35:22 37:9
91:6 94:8,14
production
31:5 38:8
61:7 62:9
91:22 12
professi
122
p
bit
13:18
prohibits
36:25
prongs
131:13
proof
118:20
proper
7:13 10:9
18:15,19
47:20 48:5
110:6,17
prosecute
59:13
prosecuted
59:11 102:6
prosecution
14:4 33:24
37:2 49:21
103:1,8
prosecutorial
134:23
protect
85:17 112:
115:24 12
protect
24:7 1
on
5 30:22
:2
prove
41:23
proved
119:1
provide
13:8,17 17:3,
11 18:17
20:20 33:4
45:8 47:7
52:22,24
78:3,14
107:11 118:7
123:15
provided
36:8 54:19
56:19 104:6,
12 105:10,16,
20 106:14
108:1 109:5
126:4
providing
13:15 16:13
29:6
province
88:6
provision
15:5,16 16:1
17:2,12 26:14
7:19 54:18
:15
provisions
14:19 119:7
129:20
public
13:18 14:12
23:22,25
24:3,7,12,15
34:1,2,21
35:17,20
41:10 46:16
48:17 49:16,
20,23 55:22
56:8,10 57:23
66:7 68:22
72:8,16 73:23
74:3,5 76:13,
25 82:4,7
83:8,23 84:8
94:24 102:3
104:19 105:19
107:14 109:3
113:20 114:2
publish
45:13
publisher
4:11
pull
28:11 29:8
30:1 32:19
34:22 68:3
www.phippsreporting.com
([Phone Redacted]
EFTA02734826
Judge Luis Delgado
September 06, 2022 32
77:9 111:11
112:1 117:1
118:1,2
120:21 126:12
127:14 130:9
132:1
pulling
103:13 105:4
132:14
purely
117:12
purpose
6:6,11 14:5
39:8 55:21
72:8 92:25
113:5 130:15
purposes
38:23
pursuant
5:11 13:23
14:23 22:16
38:24 49:22
54:1 55:17
56:22 72:9
76:2,23 88:7
pursued
61:14
put
8:19
47: 4 3
l8
22 90:22,
2 119:2
136:15
putting
50:14
puzzled
10:11 11:15
89:17,
Q
qualification
78:15
question
63:12 64:3
79:11 81:15
82:24 83:1
89:10,11 94:4
135:19,21
136:17
questions
57:19 63:14
69:1 90:25
94:24 95:4
quick
94:20
quicker
68:12
quickly
35:1
45:25
:15 85:1
88:2
R
raise
126:25
raised
15:23 31:8
79:1,9 88:18
101:8
raises
15:22 29:24
38:3 92:23
24:6 35:14
Randy
58:21
rated
100:20,21
Raton
99:15,18
re-arrest
102:22
reach
106:20
reached
48:22
r
4 4 1
1 129:24
3 :18
ad
8:22 9:13
19:19 26:9
32:3,7 47:15,
23 49:12
51:21 55:9
67:9 69:11
75:2 87:21
107:14
109:12,24
130:19 136:14
reading
25:5 80:16
ready
23:16 98:16
real
18:7 65:3
94:20 100:4
reason
29:4 57:25
58:2 60:14
88:13 121:7,
11 127:8
reasonable
6:17 18:10,11
20:3
reasonableness
97:14
reasons
1:13 36:20
5:23 86:3
:14 112:6
113:10 120:18
121:1 125:3
recall
21:1 41:4
60:4,7 117:16
receive
105:1
received
34:4 50:21
68:22
70:20
108:4
122:1
recess
69:4
104:22
121:9
126:1
95:11 140:12
recognize
20:8 44:11
49:8 51:9
54:9 55:6
57:7 76:14
recognized
95:20 134:21
recollection
49:5
record
8:22 22:17
26:9 31:3,9
40:12 47:16
51:20 61:13
www.phippsreporting.com
([Phone Redacted]
EFTA02734827
Judge Luis Delgado
September 06, 2022 33
95:12
records
7:14,19,22
8:15 10:4,7,
16 11:18,20,
22,23 12:1
13:16,17
14:10,18
18:17,23
19:12,14
21:20 22:14,
16 24:4 29:7
30:8 34:2,15,
21 35:4,16,22
36:1 37:9
39:17 40:11,
19 47:20
48:3,14
49:17,20,22,
23 50:12
52:6,22,23
54:15 57:22
60:6,14
61:18,19 63:9
68:22 69:9
74:4,5 79:9,
21 82:4,7
83:9,17,18
84:8,24 85:1
88:4 99,20
91:
9 •:19
1 28:23
irect
9 :19,21
138:22
139:10,18
reevaluate
17:4,8
reference
66:16
referenced 11:19 22:15
53:13 82:17 30:24 36:12,
references 23 37:12,21,
29:20 57:21 23 39:17
referencing 45:19,21
49:2,9,13 51:10
50:11,15,17
referring 51:13 53:6
80:7 120:23 56:10 61:16,
refresh 17,18,23 63:8
49:5 83:21 85:19
refused 86:6 112:1
33:4 37:18 114:2 115
78:3,13 83:19 117:19
118:6 127:1
refuted
35:23
regard
39:23,25
102:3,19
111:19
135:1
re
AS7 ed
:21 49:9,22
56:21 59:6
60:14 79:9
89:4
releasing
30:8 40:19
41:7 50:25
88:4 125:12
7:8 128:23 129:11
reiterate 134:6
22:12 relevance
reiterating 62:18 63:1,2
105:8 relevant
related 85:16
103:21 107:23
relating
25:3,6 49:3
103:7
relationship
63:6
release
5:14 10:21
relied
111:8,18
relief
5:12,18,20
21:2,7 22:3,
9,21 23:4
25:4,10 33:1,
8 37:7 40:3,5
41:3,12,17
42:3,9 55:17,
24 56:3,25
67:7 75:20,23
77:20 82:19
94:11 117:18
118:12,19
133:21
liefs
8:6
rely
26:23 47:3
relying
116:25
remain
130:14 131:5,
12
remainder
77:13
remained
41:3 120:16
122:6
remaining
5:10 21:1
133:22
remarks
51:23,25 52:3
remember
25:2 80:6,10,
16 86:22,23
87:12 89:19
109:13 131:13
reminded
37:19
reminder
42:6
remotely
43:2
www.phippsreporting.com
([Phone Redacted]
EFTA02734828
Judge Luis Delgado
September 06, 2022 34
removed 14:10 22:14 reserved
58:22 30:4 45:15 42:25
46:20 48:14 repeat resign
82:24,25 55:20 56:2,7, 48:20 102:16
21 63:8 72:7 repeatedly respect
74:7 82:19 53:11 56:7 I 66:23 69:9
83:10 84:10,
reply 75:25 77:4
18 88:5 94:8,
37:24 127:12, 79:7
14
requesting
34:20 37:1
60:7 82:19
103:20 113:19
17,21,24
128:16 129:4,
15 130:3,11
report
50:24,25
125:25
reported
109:16
reporter
59:9,12 91:3
reporting
62:24
represent
36:11
representing
107:1
requests
23:4 34:3,21,
25 43:4
49:19,23
68:23 69:9
74:4 76:2
82:8 84:3
94:25 1
requir
25:
,16 56:1
represents irement
42:15 101:1 27:1 31:12 response
33:11 36:17
reprobate requirements 37:24 49:19
137:2 :9 32:10 82:13 84:22
requ requires 87:24 89:8
76:18
:4
.21
26:15
8:14 13:14
91:5 93:5,13
14 67:6 research 104:21,22
105:2,12,13
79:8 82:5,16 34:16,17 36:4 116:11 121:8,
83:9,13 84:4 108:21 9 122:2
105:19 123:17 109:10,25 123:16 126:9,
130:22 110:1 16 127:12,19
requested researching 128:12 129:5,
7:19 13:8 34:14 14 130:2,20
131:2
respected
122:8
respectfully
40:8 41:1
43:4 7
respond
82:10
7:7
ceded
:19 69:14
72:6 73:18
83:9 87:5
98:15 124:6
125:2,13
127:8 128:14
responding
74:3
responses
70:20 71:4
84:16
responsibility
35:18 107:4
109:8 110:7
rest
95:15
r state
:11
rests
96:4
result
26:21 38:22
50:21 106:4
resulted
108:11
revelations
108:18
reversal
20:1 21:13
reversed
21:18
review
105:15 106:19
109:13 114:2
reviewed
44:20 107:16
reviewing
108:9 117:16
rights
100:14 109:2
116:18
120:14,15
road
11:7,11
role
110:17
www.phippsreporting.com
([Phone Redacted]
EFTA02734829
Judge Luis Delgado
September 06, 2022 35
112:18,19
116:1,2,4
122:4 136:6
rolling
53:17
11:19
rooted
5:12
rule
18:4 19:4
41:16 93:9
101:2,5
rules
19:3 101:5
ruling
119:12
rulings
39:20
run
10:17 23:20
rush
96:16
Rutherford
99:18
safe
27
of or
5:5,15,25
1":2,12 26:14
27:1,10,18
28:7 31:12
54:18
sanction
126:19
sanctioned
100:22
sanctions
8:4 13:5
15:21,24
19:22 23:3
25:3,21 26:4,
19 31:19 32:2
33:14 38:13
39:21 41:23
42:5,11,24
43:5 53:17
61:14 101:2,3
132:16,22
SAO
55:25 56:6,
13,14
scenario
20:15
Scholz
44:8 c;:' Schoo
1
oped
58:10 66:1
screen
68:4 69:22,25
70:3 124:15
127:4 128:19
sea
133:6
seal
124:7
sealed
123:24,25
seated
4:3 95:14
secrecy
24:8 109:15
111:4 112:20,
25 113:4,8
115:8,24
117:21 119:1,
4,7 120:8
121:13 122:7
125:7 129:20
133:12
secret
58:16 59:9
Secreta
102:12
sect
:20
tI4!) ,23 33:9
019 75:23
00:15 109:8
135:8
securities
100:4
seek
53:16 77:12
115:16,23
118:12 123:6,
10
seeking
7:14 14:9
18:24 19:4
23:18 35:8
50:13 55:16
72:7 73:21
76:10 90:20
103:7,23
106:2 112:11
119:15
seeks
56:4 76:11,21
85:16
sell
59:17 65:4
send
53:18 105:2
119:24 130:1
sending
50:15
sense
9:18 84:14
once
72:17 87:14,
16 88:23
90:10,12
103:4 106:5
sentencing
125:25
September
70:17 134:11
series
61:1,2
serve
16:10 17:18
19:5 31:13
123:19
served
16:5,7,8,9
22:20 26:15,
18,25 79:20
92:16 93:4,12
132:18
serving
16:8
set
36:20 92:4
94:14 121:1
123:1 132:21
settlement
122:10,11
130:1
www.phippsreporting.com
([Phone Redacted]
EFTA02734830
Judge Luis Delgado
September 06, 2022 36
Seventh
100:17
sexual
23:23
shareholder
99:13
Sharon
48:6
shed
34:4
Shore
27:25
short
52:16
shortly
70:25 91:15
show
15:7 18:18
22:18 31:18
33:21 44:10
49:8 51:8
53:19 55:5
57:6
showing
32:13 86:12
shown
73:8
13:(14 d i%v
70:16
shows
7
side
67:12,13,14,
15,17 110:16
135:24
sidelines
53:5 61:5
Sidlosca social
26:6 56:10
signed sole
44:12 5:9 56:20
significant solely
17:1 47:17,24 11:20
silent solemnly
62:7 74:2 43:11 98:8
simply
11:5,14 33:12
80:21 84:23
100:6 107:21
118:9
sincere
41:12 135:12
sir
6:3 9:2 70:24
89:23 93:19
138:4
sitting AN v
82:10_136
sit
is
98:6
slash
9:17
slide
77:23
slow
70:2
So.3d
5:24 6:4 8:1
15:18 26:9
sober
137:7
sort
83:15 105:17
120:12
sought
29:1 3
33:3,8
48:3
8:2,7
6 111:2
8:23
ound
139:24
sounding
135:2
sounds
109:25
139:23,25
Southern
102:7,13
speaking
61:20 84:7
specific
34:25 35:4
103:20
specifically
5:16 111:19
124:1
speculation
52:12
spent
www.phippsreporting.com
([Phone Redacted]
34:13 64:22
65:17,18
spoke
107:10
spoken
74:4 107:6
stamp
:5,9,18
6:10 47:16,
54:7
stand
140:4
standard
31:21 32:1,5,
8,12 38:14,
15,16 41:19,
21
standing
115:15
start
9:9 53:17
108:8 137:24
started
48:18 50:4
108:10 130:7
137:22
starting
25:13
starts
72:1
state
4:16 7:23
10:6,9,12,15,
19,25 11:12,
16,24 12:9
14:20 19:8,14
21:5 23:21
24:5,9,18,20,
24 25:22,24
EFTA02734831
Judge Luis Delgado
September 06, 2022 37
26:17,22
27:14 28:25
29:4,20 30:2,
6,11,18,20,21
31:13,17
33:1,11,25
34:19 35:2,5,
10,11,13,15,
19,20,23,25
36:7,8,10,11,
17,18,21,25
37:4,7,21
38:6,10,12,16
39:10,15
40:10,13,18
41:4 42:12,
15,16,17,18
43:17 44:2
48:2 49:15
50:1,2,5
55:14,25
71:9,14,15
80:19,20,23,
25 81:24
84:23,25
85:7,16,18
87:15 88:3
91:5 94:7,1
99:22 100:9,
15 101-
102:2
10 46
A4? 4,..1. 4
,7,9,16,
1 106:13,18
108:7 109:15
110:4,11,12,
18,20,22,23
111:2,10,19
112:6,7,11,
17,22,23
113:1,2,3,5,
7,11,13,18,
19,21,23
114:6,14,23
115:4,18
116:9 117:7
118:13,16
119:24 120:4,
17,19 121:2,
6,7,12,16,19,
25 122:3,11,
20,23 123:12
124:9,13,23
125:2,8,16
126:9,17,25
127:7,12,17
128:1,10,16,
21,24,25
129:5,10
130:19,24
131:4,15,23
132:5,8,
133:3,
134:
13
:7 91:21
103:25 107:24 I statutes
7:21 13:7,14
Statistics
100:13
status
133:7
statute
5:13 6:6,13
7:6 13:19
14:15 15:4,6,
8 18:18 20:6
21:12,25 25:8
27:2 31:20
32:2,3 33:
40:7,23
54:2,1
76:3 13
,19,21,
2
A<;
:5
1 :18 115:9,
,16 116:18,
19 117:14,22
118:25
119:10,14
120:9,11,13
122:7 134:24
statute's
119:7
128:25 129:6
131:7 14:13 20:14
statements
8:18 13:2
40:12 51:20
56:20 109:9 statement
39:18 49:18 statutorily
78:19 89:25 22:15
130:20 statutory
19:19 21:11
22:4 25:4,7,
12 37:13 42:7
60:4 74:15,20,24
108:22 115:24
states 117:12
13:19 99:23
101:14
stay
62:7
stayed
16:6
stems
58:20 59:15
step
9:1
ephen
:15 34:9
96:10 98:13,
23,25
steps
48:12 50:11
stipulated
12:22 95:23
stonewalling
48:16
stood
117:25
stop
75:5 108:15
137:24
story
58:10 59:17
streamline
6:8
Street
140:8
strict
31:12
strictly
27:3
strike
74:8 88:10
strong
41:12 125:21
135:7
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([Phone Redacted]
EFTA02734832
Judge Luis Delgado
September 06, 2022 38
stuff 5 46:4 59:5
29:14 67:3 61:19 67:14
76:13 81:3 71:10 86:4
83:22 84:1 100:16
89:8 110:12,21
stymied sufficient
10:13 27:7
subject suggested
46:1 48:9 66:12
90:8 100:22 suing
submitted 11:24 19:13
8:23 44:22 57:22 58:13
107:5 61:22 110:10
subpoena 136:17
112:10 suit
subsection 8:10 20:7
13:23 26:14 summary
28:3 29:21 54:25
subsections 57:1,2,15,A L
19:21 118:22
subsequent 124 : 104cN
15:21,24 125,,2::
1
substance :1T13 '
92:7 122:9
substantial
8:6
substanti e
56:24
out)
6 101:22
108:10
summons
44:25
Sun -sentinel
I 50:22
ly Super
17 97:20
sue
19:12 45:7
61:20 71:9,14
110:4 135:25
sued
13:9,16 45:4,
supervised
85:19
supervision
134:23
supervisor
116:22
supervisory
72:10 73:22
supplement
39:2 139:19
support
20:13 39:21
41:11 124:17,
18,24 127:18
131:17
supported
7:2,4
supportin
36:6 7
supposed
1
:20
r0/1113
109:2
surprised
116:3
surrogate
109:3
surrounding
102:21
sustain
62:20
0
Sustained
52:1,12 60:19
63:2 74:10
swear
43:11 98:8
sweetheart
33:25
sworn
43:18 98:14
system
25:1 30:23
35:19 39:9
85:2,18
116:22,23
T
tab
26:7,8 27:11
8:1 31:22
9:1 69:17
:8 111:25
tabulation
18:9
taking
73:24 129:18,
22,23 131:9
talk
12:8 60:2
87:6 90:6,7
talked
60:3 71:18
86:1
talking
31:23 65:16
67:10 70:8
81:5,7 94:23
111:7,16
118:4
talks
21:25
targeting
62:14
task
24:25
tasked
24:3,7 30:22
107:3 109:7
121:13
taxpayer
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([Phone Redacted]
EFTA02734833
Judge Luis Delgado
September 06, 2022 39
64:24
taxpayers
42:13 59:19
63:22,25
64:4,13,18
65:2
team
34:8 106:25
107:16,19
131:3 136:5
telling
59:24 85:22
terms
102:25 103:1,
2
terrible
79:14
testified
43:19 64:16
65:7 85:25
98:15 104:9
109:18
testify
90:17 96:13
106:12
testimony
10:21 14:2
15:6 33
55:19 9
76 7 :18
Ali?ko 97:6,
4:7,8
7:8 111:2
118:8 139:11
texts
48:18
thing
10:23 17:1
18:13 20:24
50:19 51:12
58:13 59:14
61:9 62:1,9
65:12 67:18
81:21 90:3,5
97:7 138:21
things
14:8 59:15
71:10 81:9
83:20 105:8
108:16 139:2
thinking
59:11
thinks
51:25
Thirty
96:18
Thomson
4:10
thought
9:12 5
65:
:12
135:2
g tful
:18
Thursday
39:5 97:4,10
138:9,11,12,
13,15,18
140:2
tighter
139:3
time
6:2,21 7:1
22:19,20
24:14 26:19
31:10 54:22
65:17,18
70:19 71:11
73:11,13,14
85:24 88:9,18
89:15 90:14,
16 91:21
99:10,13
101:17 102:4,
12 125:15
128:24 129:6
131:6,7
134:10
timeline
23:10 34,
37:17
96:5 1
15:2
8:2
timing
15:13
today
4:25 10:24
15:7 25:3
34:10 40:2
44:3 58:25
60:10 61:4
64:5,8 65:1
67:18 82:10,
14 85:25
86:19 88:18
89:11,15
92:14 96:13,
17 97:6,7,22
127:22
132:11,16
135:16
told
5:16 48:24
52:24 53:11
83:10 84:8,11
86:3,16,18
87:9 89:7,11
133:8
tomorrow
96:25 97:1
top
14:8 57:10,11
t tal
:19
totally
16:2 21:21
Town
107:6,7 108:6
trademark
100:4
transcript
9:3,23,25
12:12 25:5
39:24 124:2
139:11
transcriptions
14:18
transcripts
50:5 58:13
60:25 61:9
67:4,6,15,20
81:5,17,19
83:11,13,17
107:5,9,21
118:9 124:4
transparency
77:1
Traurig
4:10 30:15
33:17 34:9
99:1,11,16
100:1 101:15
104:24 106:22
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([Phone Redacted]
EFTA02734834
Judge Luis Delgado
September 06, 2022 40
114:5 135:4
136:9
Traurig's
131:1
trial
7:1 8:5,7
100:7
true
29:17 30:10
69:7 78:25
89:15
Trump's
102:11
Trust
7:25
truth
43:13,14
98:10
truthfully
84:11
turn
31:20 67:8
68:14 117:7
tweet
51:6
twist
20:5
Twitter
50:
ge
z20
twofer
58:7
type
110:12
types
100:1,10
O
U.S.
85:5 91:12
100:19 102:6,
13 104:15
105:25 109:2
123:14 125:23
126:4
Uh-huh
63:24
ultimate
7:12 63:7
116:21
ultimately
14:6 41:15
107:19 108:16
118:22 131:3
20 133:1
134:20,A>
uaambiQu u
7:2
anged
20:23
underlying
14:10 19:5,8
25:17 57:25
undermined
106:13
understand
67:11 73:24
83:25 124:5
136:25 137:4
understanding
83:7
understood
13:2
115:23 116:1
122:3
undisputed
26:17
unequivocal
130:20
United
101:14
University
99:6,8 109:14
unquote (;)
26:24
unsuppo ed
5:18,21
25
e
16 41:25
coming
upset
116:3
Upstate
99:6
USC
100:14
utilized
14:6
V
vague
123:18
Valparaiso
109:14
variety
100:3
vendetta
58:20 136:19
versed
106:25
version
6:9 9:3,4,12
versus
19:14
vibrant
4644:: :12
ctim
1 :11
victims
50:8
view
89:6
violated
26:13
voice
131:15
void
92:19
voluminous
107:12
voluntarily
38:18
voluntary
26:5
voted
136:20
W
wait
54:2
Wall
140:8
wanted
12:18 14:11
45:9,11,13
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([Phone Redacted]
EFTA02734835
Judge Luis Delgado
September 06, 2022 41
48:22 58:11
62:1 65:25
83:14 85:12
89:13 90:6,
13,15,16
95:16,19
104:14,18
106:3,21
110:4 111:11
113:1,22
122:2 123:11,
23 124:5
136:11
Wargo
99:18
ways
11:22,23 20:6
Web
49:2,14,16
50:24 51:3,5
week
96:25
weeks
80:5
whatsoever
10:22 14:5
Whetstone
4:7,8 1 15
23:7, 17
31:' : 7
•9:22
1995:8,25
85:25
96:7,10,14,
18,21 98:1,
17,19 103:10,
12 111:24
112:2 124:20,
22 126:22,24
127:14,16
137:14 138:24
139:9,23
whim
36:2
wiggle
11:19
Wille
110:23
111:12 14
112:21
win
10:18 11:2,7, worthwhile
11 97:13
wins write
64:11
99:9,14
100:7,8
108:12,13,24
135:3,4
withdraw
17:5 27:21
28:5
worked
101:3 102:10
119:5
working
106:22
worth
42:10 108:12
Ac X 9:16 140:8
\
withdrawn writes
27:23 80:22
withcAk me writing
1
59:5 70:3
97:25 98:4,5
121:20 130:7
136:3 139:4,
20
2:1
136:5,
138:23
104:8
won
32:11
word
109:12
140:9
wording
60:3
words
7:7 76:11
133:5
work
21:10 41:14
written
13:7 48:25
58:19 80:12
87:8 97:22
136:15 I 105:18 121:9
139:2
wrong
34:1 60:12
64:18,20
66:22
wrongdoing
137:12
wrote
30:20 61:1,2,
25 73:4 80:5
86:11 90:11,
17 103:19
104:25
Wyler
4:13,14,20,23
:3 9:2,8,11,
5,20,22
1:17,23,25
23:6 26:20
28:23 29:15
32:3,7 39:7
42:15 43:9,21
44:8,15,19
46:7,10,12
47:11,15
48:10 52:2,
13,19 53:21
54:6,8 58:3
60:1,20 62:22
63:3,4,14
82:15 84:19
86:13 92:6
94:20,22
95:4,7,15
96:1 97:12,20
121:22
122:16,17
128:6 130:10
137:19,23
138:4,6,10,12
139:14,25
y
years
34:7 50:1
58:17,19 59:7
91:12,13
www.phippsreporting.com
([Phone Redacted]
EFTA02734836
Judge Luis Delgado
September 06, 2022 42
99:12,16
yesterday
130:21
York
99:6,22,25
100:9,15
102:7
young
104:8
Z
ZOOM
139:21
Cos
www.phippsreporting.com
([Phone Redacted]
EFTA02734837
CA Florida Holdings, L.L.C.
vs.
Dave Aronberg
Hearing Be4c),
Judge L lgado
Sep 8 2022
PHIPPS REPORTING
Raising the Bar!
EFTA02734838
Judge Luis Delgado
September 08, 2022
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 50-2019-CA-014681-XXXX-MB AG
CA FLORIDA HOLDINGS, LLC,
Publisher of the PALM BEACH POST,
Plaintiff,
vs.
DAVE ARONBERG, as State Attorney
of Palm Beach County, Florida;
SHARON R. BOCK, as Clerk and
Comptroller of Palm Beach Count[,
Florida,
Defendants. 4 \ AS
( 4;: SK
TRANS F CONTINUATION OF
NG PROCEEDINGS
A
RE: Defen ve Aronberg's Amended Motion for
Attorn Fees
TAKEN: Thursday, September 8, 2022
1:06 p.m. - 2:42 p.m.
CE: PALM BEACH COUNTY COURTHOUSE
+
205 North Dixie Highway
Courtroom 10D
West Palm Beach, Florida 33401
BEFORE: LUIS DELGADO, JR , Circuit Judge
Stenographically reported by:
Lisa Begley, RPR, RMR
271843
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([Phone Redacted]
EFTA02734839
Judge Luis Delgado
September 08, 2022
Page 143
1 APPEARANCES:
2
3
4
5
6
7
8
9
10
11
12
13 Also present:
14
15
16
17
18
19
21
22
23
24
25
On behalf of the Plaintiff:
GREENBERG TRAURIG
777 South Flagler Drive
Suite 300 East
West Palm Beach, Florida 33401
[Phone Redacted]
BY: LAUREN R. WHETSTONE, ESQ.
[Email Redacted]
[Email Redacted]
MARK F. BIDEAU, ESQ. AilAr
On behalf of Defendant, Dave Aronb rgO: AS
GERARD BUITRAGO, ESQ.
[Email Redacted]
JACOB, SCHOLZ & WYLER, LLC
961687 Gateway Boulevard
Suite 2011
Fernandina Beach, Flori
[Phone Redacted]
BY: DOUGLAS A. WYL
[Email Redacted]
Dav
Def n
Agi le
g, State Attorney
of the
Public Records Coordinator
State Attorney PBC
www.phippsreporting.com
([Phone Redacted]
EFTA02734840
Judge Luis Delgado
September 08, 2022
1 INDEX
2 WITNESS
3 STEPHEN MENDELSOHN, ESQ.
Cross Examination by Mr. Wyler
4 Redirect Examination by Ms. Whetstone
5
9 Certificate of Reporter
c)
SA
0
6
Non-movant rests 204
8
7
11
'S SA))
10
12
Page 144
PAGE
146
187
13
?S' 14
15
16
C AS)*
17
18
19
2 2
22
23
24
25
210
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([Phone Redacted]
EFTA02734841
Judge Luis Delgado
September 08, 2022
Page 145
1 Thereupon,
2 the following proceedings began at 1:06 p.m.:
3 THE COURT: All right, please be seated.
4 All right, announce your presence.
5 MS. WHETSTONE: Good afternoon, Your Honor,
6 Lauren Whetstone, and with me, Mark H au, Gerard
7 Buitrago and paralegal, Jennifer T son, on
8 behalf of Greenberg Traurig, lf of CA
9 Florida Holdings, the publis f the Palm Beach
10 Post, the plaintiff, a ou witness, Stephen
11 Mendelsohn.
12 MR. WYLER- afternoon, Your Honor,
13 Douglas Wyl wl the law firm , Scholz &
14 Wyler he n behalf of the State Attorney, Dave
15 Aronb fendant.
16 COURT: All right, so we left off with
17 oss examination? Is that where we are?
18 MS. WHETSTONE: Yes, Your Honor.
19 AS I MR. WYLER: Yes, sir.
20 THE COURT: Madam Clerk, please swear in
21 the witness.
22 Sir?
23 THE WITNESS: II, I've been sworn in
24 before.
25 THE CLERK: Do you solemnly swear or affirm
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([Phone Redacted]
EFTA02734842
Judge Luis Delgado
September 08, 2022
Page 146
1 that the evidence that you're about to give will
2 be the truth, the whole truth and nothing but the
3 truth?
4 THE WITNESS: I do.
5 Thereupon,
6
AilacSTEPHEN MENDELSOHN, ESQ.,
7 having been duly sworn by the Clerk of th0q urt,
8 responded and testified as follows:
9 CROSS EXAMINATI
10 BY MR. WYLER:
11 Q. Good afterno A ?endelsohn.
12 A. Good afte , r. Wyler.
13 Q. So I' oi to start off with this: Isn't
14 it true that par f tkTe exhibits that we've all agreed
15 on that are h part of evidence are some of the
16 portions o settlement negotiations?
17
18
19
20
21
22
23
24
25
There is one letter, yes.
Okay. And isn't it true you and I talked
eral times regarding settlement?
A. Sure.
Q. And isn't it also true that, during the
pendency of our settlement negotiations, Mr. Aronberg was
contacted by the same reporter that the SAO had
previously prosecuted for illegal substances?
MS. WHETSTONE: Objection, Your Honor, no
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([Phone Redacted]
EFTA02734843
Judge Luis Delgado
September 08, 2022
Page 147
1 foundation.
2 MR. WYLER: That's fine.
3 THE COURT: All right.
4 BY MR. WYLER:
5 Q.
6
7 article that was being written about him?
8 A. No, no. I've never spo =jEdmondson
9 that I remember.
10 Q. Well, okay. Tha ne. But you did
11 speak with Mr. Aronberg, r
12 A. No. I doM rZxall speaking to anyone on
13 this matter, unless e Sv on the phone with you. Other
14 than that, no.
15 Q. y, well, then part of when we spoke, and
16 maybe you do t know, Mr. Aronberg and Mike Edmondson
17 were on'S phone with us, but isn't it true that there
18 wa
20
19
21
22
23
24
25
Isn't it true, though, that Mr. Aronberg
and Mike Edmondson contacted you to complainaigout an
tittle, when you and I spoke in settlement
ations, that you offered to hold an article pending
settlement negotiations?
MS. WHETSTONE: Objection, Your Honor,
settlement discussion.
MR. WYLER: They opened the door to
settlement negotiations by putting it into
evidence.
www.phippsreporting.com
([Phone Redacted]
EFTA02734844
Judge Luis Delgado
September 08, 2022
Page 148
1 THE COURT: What exhibit are you talking
2 about?
3 MR. WYLER: I don't actually have an
4
5
6
7
8 is sustained.
9 A.
10 BY MR. WYLER:
11 Q.
exhibit that is part of evidence, but I do have an
exhibit that is not part of evidence that I will
offer to the Court.
A THE COURT: That is good th40RObjection
That is absolutely unt e.0
So you're sa t never happened?
12 A. No. Mr. A ibe, , through you, suggested
t the paper would write a 13 that in the settlem
14 favorable articl out him if we were able to settle.
A t.qt,7 115 You suggested I didn't make a comment one way or
16 the other, ut absolutely advised my client of it.
17 I don't make editorial decisions for the
18 pa, s I have no authority to make such.
19 ^ Q. So you're saying there was never a
-..A.ISIL 20 versation between you and i where we discussed
2\3 Mr. Aronberg creating a comment to go into the newspaper
22 as part of those settlement negotiations where you wanted
23 us to drop our 57.105 demand and you offered to get an
24 article held while we determined whether we would do
25 that?
www.phippsreporting.com
([Phone Redacted]
EFTA02734845
Judge Luis Delgado
September 08, 2022
1
2
3
4 BY MR. WYLER:
MS. WHETSTONE: Objection,
compound, compound.
THE COURT: Sustained as compound.
5 Q. All right, I'll move on.
6
7 day, isn't
8 hundreds of hours to the
9
10
11
12 extensively put time
bringing this
A.
Q.
lawsuit?
Yes.
Page 149
Your Honor,
So, in your direct examination e other
it true that you stated that evoted
research and opment of
C
4
Okay. And s , 1 of that research, you
in oNk ing into Chapter 905.27
13 before you brought ion?
14 A.
15 Q. •rior to Judge Marx's June 8th order
16 on the motion to dismiss Count 2 -- Let me scratch that.
17 Isn't it also true that your client's
18 copplaint alleged against -- that my client was in
19 possession or control of the documents that are in this
20 tion, the subject of this action?
21 A. I'm sorry, can --
22 Q. I'll repeat it. Isn't it true that your
23 client's complaints alleged that my client and/or his
24 office is in, quote, possession and/or control of the
25 documents that are subject of this action?
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([Phone Redacted]
EFTA02734846
Judge Luis Delgado
September 08, 2022
Page 150
1 A. Are you reading from the amended complaint?
2 Q. That is found at page 117, stamp
3 number 117, paragraph 3 of the first amended complaint.
4 I'll be happy to show it to you.
5 A. Well, if you'll just let me know where in
6 the amended complaint it is, what paragraph
7 Q. Paragraph 3.
8 THE COURT: What's the stamp?
9 MR. WYLER: 117, Your on r
10 A. Yes, sir, that's of what I said in
11 paragraph 3.
12 BY MR. WYLER:
.S \13 Q. But t re an allegation that my client
14 is in possession /off control of the documents?
15 A. official capacity as his office is
16 in possess n /or control of documents that are the
17 subjec this action. And in the prior sentence, I
elli‘r18 qu d F orida Statute 27.03 which provides for the
19 or ey -- excuse me -- the state attorney to have
20 hority over grand jury proceedings in the state of
21 Florida.
22 Q. Okay. Isn't it also true in the first
23 amended complaint that your client admitted that it is
24 not -- it is not seeking these materials in connection
25 with either a civil or criminal case and, therefore,
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([Phone Redacted]
EFTA02734847
Judge Luis Delgado
September 08, 2022
Page 151
1 sought unlimited access to the requested materials under
2 905.27?
3 A. Again, that's a compound question. I'm not
4 sure which one goes first.
5 Q. Isn't it -- If you would look at
6 stamp page 135.
7 A. I don't have the stamen ront of
8 me. All I have is the exhibits, sir.
9 Q. Okay. They should be here, in the
10 bottom left corner.
11 A. Which one isAss:4(;:'
12 Q. 135.
13 A. Okay.4,9 rry, what is your question,
14 sir?
15 Q. you admit on that page that you are
16 not seekin th se requested materials in connection with
17 either evil or criminal case?
18 . A pending -- Right, that is correct.
19 Q. Okay.
20 O A. The Post was not seeking these documents in
21 a pending criminal or civil case involving the Post.
22 That is correct.
23 Q. Thank you. And did you also seek unlimited
24 access to those requested materials for that reason?
25 A. No, that's not accurate.
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([Phone Redacted]
EFTA02734848
Judge Luis Delgado
September 08, 2022
Page 152
1 Q. If you look -- Would you look at
2 at that stamp I just provided you?
3 A. Yes.
4 Q. I believe it's on here.
5 A. Are you looking at 135 --
6 Q. Uh-huh. ALA r
7 A. -- on Exhibit 9? Yes, I'm ing at that,
8 sir. 0
9 Q. Okay, and if you woul lo k at
12
11 A. Sure.
,/^A\4 49
10 paragraph 70.
Q. And then, Ooky see one, two, three --
,
13 the fourth line down; in the sentence that starts with,
14 "Because..."
15 A.
16 Q. ay. It says, "Because the Palm Beach
17 Post ig not seeking these materials in connection with
18 either a civil or criminal case, it seeks a declaration
19 t the scope of its use of the disclosed materials is
ii
20 'tot limited."
21 A. Right, not limited to a civil or criminal
22 case, but that the Post had the right under section (c)
23 of 905.27 in furtherance of justice. We were always
24 seeking an in-camera inspection of the documents by the
25 Court prior to any release to the Post.
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([Phone Redacted]
EFTA02734849
Judge Luis Delgado
September 08, 2022
Page 153
1 Q. Did that argument succeed in your claim
2 against the clerk?
3 A. Which one?
4 Q. That you had no connection with the civil
5 or criminal case and to get unlimited -- to get unlimited
6 access. 4...\r
7 A. Well, again, we weren't see p unlimited
8 access. As I just mentioned, we were s seeking an
9
10 So we were not seeking unlimit ess, nor immediate
11 access to the documents.
12 Q. You weren - 11 right, we're going to
13 move on.
14 Is it rue that the other day you
15 testified tha ued my client because you needed him
16 not to obj o your request for these materials?
17
18 hi
19
20
21
22
23 eventually changed the position in October of 2020 to
24 neutrality.
25 Q. And you believe that's a proper basis for
in-camera inspection by the Court p 'or to release to us.
I needed him not to object? No. I gave
he t P.portunity to do actually three things. One is
port our request; two, they could have taken a
tral position; or, three, they could have objected.
Initially, the state attorney's office took
the position to object, and as I think I testified, they
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([Phone Redacted]
EFTA02734850
Judge Luis Delgado
September 08, 2022
Page 154
1 filing this lawsuit against my client?
2 A.
3 I'm not clear
4 Q.
5 A.
6 Q.
7 A.
8 Q.
9 A.
10 I gave the state attorney's of
11 their discretion, to make
12 wanted to do vis-à-vis d ury
13 stated -- You know
14 quoted before, t 's paragraph 3 of the first amended
15 complaint, I Florida Statute 27.03, which gives
16 the state to ey the authority over grand juries, and
17 if you
t
k at the cases cited under 27.03, there are a
18 nu r o them which say that the state attorney has
19 ma y, very broad powers in the conduct of a grand jury,
20
21 Q.
22 A.
23 Q.
24 your understanding that clear, unambiguous statutory
25 language has to be enforced as written?
That they adopted a neutrality position?
what you're asking me.
II, no, that you needed him not to object.
That I needed him not to object? No --
Unless you wanted --
AI'm sorry, did I step on yod ir?
No, you're fine. 0
No. That I needed hi&ioj to object? No,
he option to make, in
sion as to what they
And as I secrecy.
look at the paragraph you
Thank you, Mr. Mendelsohn. Let's move on.
Okay.
In your long practice as an attorney, is it
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([Phone Redacted]
EFTA02734851
Judge Luis Delgado
September 08, 2022
1
Page 155
A. Well, there are circumstances where the
2 courts have implied causes of action. That's the famous
3 United States Supreme Court case of Cort v. Ash where the
4 Court said that, even if Congress did not specifically
5 authorize a cause of action, that, in certain
6 circumstances, if Congress did not bar such could
7 have an implied cause of action. R:"That cot also for
8 Section 10(b)(5) of the securities 1
9 Q. Okay, but
10 A. And Florida has
11 Q. All right.
12 stated that you went th h 05.27, right?
13 A. Exact
) ss.
14 Q. Ok d you came across this language,
15 right? I'm read this to you: "When such
16 disclosure ered by a Court pursuant to
17 subset (1) for use in
r 4r18 disclose to all parties to the case and to their
19 a ctori eys and by the latter to their legal associates and
c2_1,4,5 L p loyees; however, the grand jury testimony afforded
2'\3 such persons by the Court can only be used in the defense
22 or prosecution of the civil or criminal case and for no
23 other purpose whatsoever."
24 You came across that language when you were
25 doing the research, right?
too.
your research, you
a civil case, it may be
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([Phone Redacted]
EFTA02734852
Judge Luis Delgado
September 08, 2022
Page 156
1 A. Absolutely.
2 Q. And do you recall my client asserting that
3 as a defense from the beginning, from our first
4 interaction, first legal filing in this?
5 A. Yes, you made a motion to dismiss arguing
6 that the Post did not -- AilAr
7 Q. We'll take a yes. It was a or no.
8 A. Well, you asked me if YQ t ient did that,
9 and I was answering it. So the ans
10 Q. I'll take it as
11 A. May I finish er without
12 interruption?
13 The a , yes, you made a motion to
14 dismiss under 90 7 a d asserted that the materials
15 could only b n a civil or criminal case. Of
16 course, we ispu ed that because of (c), which is the
• 17 furthe e of
18 And did that -- did that argument -- was
19 s rgument successful in your action against the
20 rk?
21 A. It was never addressed by the Court.
22 Q. So you're telling me that Judge Hafele
23 never brought up 57 -- or, 905.27 in his final judgment?
24 A. No. I'm suggesting the way you
25 characterize it was not the way Judge Hafele decided.
justice language.
or no.
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([Phone Redacted]
EFTA02734853
Judge Luis Delgado
September 08, 2022
Page 157
1 Judge Hafele, in his final judgment, said that he felt
2 constrained by the statute vis-à-vis his inherent
3 authority as a judge.
4 While he wanted as a judge to exercise his
5 inherent authority to allow for disclosure, he felt that
6 the statute constrained him in doing so beca it did
7 not expressly so state that it could be uS outside of
8 the civil or criminal case. That's w elieve Judge
9 Hafele said.
10 Q. Do you have a co=t the final judgment in
11 front of you?
12 A. Yes. Whabebit is it?
13 Q. It's ASSP
15
012 ay. 14 A.
Q. ght, tab -- or, 1477.
16 A. uYe. The newspaper makes strong arguments
17 to adva --
18 No. No, sir. No, sir.
19 6S
A. I'm sorry.
20 Q. No, sir. Let me redirect -- Let me direct
21 you to the first paragraph here under Emphasis Added? Do
22 you see it says, "Reading subsection (1)(c)..."?
23 A. Right.
24 Q. Could you read that until the cite for the
25 amended complaint, please?
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([Phone Redacted]
EFTA02734854
Judge Luis Delgado
September 08, 2022
Page 158
1
2
3
4
5
A. Right. "Reading subsection (1)(c),
furthering justice," which is in quotes and parentheses,
"in tandem with section (2), it is evident that the
phrase, quote, furthering justice, end quote, is to be
interpreted in the context of seeking disclosure of the
6 grand jury materials for use in a pending cr al or
7 civil case."
8 Q. Keep going. (:.s..?'
9 A. Yep. "The newspaper a n ledges that it
10 is not seeking the disclosure h materials for such
11 purpose. Instead"
12 Q. That's it aZk you, Mr.
13 A. But i the --
14 Q. Mr sohn --
15 NOGRAPHER: I'm sorry, I can't take
16 till()
17 THE COURT: Gentleman, gentleman, we're
A THE WITNESS: Your Honor, maybe, for the
20
18 re for trial, and you're being cross-examined
19
) i -) rule of completeness, I would like to be able to
21 read the entire sentence.
22 THE COURT: So right now you're testifying.
23 It's your witness. What's your next
24 inquiry?
25 MR. WYLER: Thank you, Your Honor. May I
Mendelsohn.
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([Phone Redacted]
EFTA02734855
Judge Luis Delgado
September 08, 2022
Page 159
1 continue with this final judgment, Your Honor?
2 BY MR. WYLER:
3 Q. I would like you, Mr. Mendelsohn, to flip
4 to page 1479 of that same final judgment. At the very
5 top of that page, could you read that first sentence for
6 me, too -- for me?
7 A. "Subsection (2) clearly lim
8 Section 925.27's (sic) scope as to t ances in which
9 grand jury testimony or materials n d jo be disclosed
10 for use in a criminal or civil
11 Q. And then keep going.
12 A. "Section N p vides that, once grand jury
13 testimony is disclo he course of a court
14 proceeding, it i en open to unlimited dissemination.
15 Before that , the Court must determine that one of
16 the three rdq rescribed in section (1) is present in a
17
18 no iing ' ection 905.27 that gives the Court carte
19 < nc e," which he has italics, "authority to release
20 nd jury materials in any situation that might bear
21 some relationship to, quote, furthering justice, end
22 quote, in its broadest sense."
23 Q. Thank you. All right, so moving on from
24 905.27, in your extensive research of this case, did you
25 also come across Chapter 905.17?
crimin r civil case that requires disclosure. There's
S alt .'
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([Phone Redacted]
EFTA02734856
Judge Luis Delgado
September 08, 2022
Page 160
1
2
3
4
5
6
A. Sure.
Q. Okay, and let me provide that to you, sir.
MR. WYLER: This is tab 32 of the -- or, 33
of the Authorities, Your Honor, tab 33.
BY MR. WYLER:
Q. Do you have it, Mr. Mendelsohn4Ar would
7 you like me to provide it?
8 A. It's the amended and su
9 of attorneys' fees and costs?
10 Q. You don't have t horities binder?
11 A. No, I don't Authorities binder.
12 MR. WYLER I approach?
13
14 BY MR. WYLER:
15 Q.
16 A. l 76e's, I'm familiar with this provision.
17 Great,
18 senfence of that first paragraph, it starts with, "The
19 notes, records and transcriptions..." Would you please
20 mead that for the Court?
21 A. I'm not sure where you're directing me,
22 sir.
23 Q. Let me approach again and show you here.
24 I'm sorry, I didn't have this highlighted for you.
25 Right here, very last sentence of that
THE C
a copy of 905.17.
okay.
tal affidavit
And then the very last
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([Phone Redacted]
EFTA02734857
Judge Luis Delgado
September 08, 2022
Page 161
1 first paragraph starts with, "The notes..."
2
3
4
5
6
7
8
9
10
11 Q. Thank you, . lsohn.
12 recall my client assert'
k
t 's as a defense to your
13 claim as well?
(S A\14 A. Y es.
15 Q. n't it true that
16 firm and yi yqu self have been made
A. Yes.
Q. Will you please read that for the Court?
A. Sure. "The notes, records and
transcriptions are confidential and exempt from
provisions of Section 119.07 subdivision (1)
Section 24(a), Article 1 of the State Con ution, and
shall be released by the clerk only quest by a
C) grand jury for use by the grand ju1-/ or on order of the
Court pursuant to 905.27."
17 that
18
the
And do you
your client and your
aware several times
ronberg and his office have no ability to Melilror
comply w h your declaratory relief claim because they
19 wave no possession, custody or control of those
20 ind jury materials?
21 A. I'm aware that's your argument.
22 Q. You're aware that we've made that argument
23 to you several times, are you?
24 A. Yes, you made a motion to dismiss and a
25 motion for summary judgment.
requested
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([Phone Redacted]
EFTA02734858
Judge Luis Delgado
September 08, 2022
Page 162
1 Q. And did we also put that argument in our
2 57.105 demand?
3 A. Yes.
4 Q. Okay. And isn't it true that you and your
5 client have admitted that the clerk is the only one in
6 possession and control of those requested gralliyury
7 materials?
8 A. I don't believe so. O S
9 Q. All right. If I coul di ect the Court and
10 you, Mr. Mendelsohn, to tab 20 it's stamped
11 262.
12 A. 262? Yes sr.
13 Q. And ISHSIte second paragraph starts with,
14 "Also..." Can y us read -- Can you just read that
15 first sentenc e? Or I'll just read it here. It
16 says, Also clerk, who admittedly has both possession
17 and co 1 of the Epstein grand jury materials, has not
liZ air
Ln Beach Post.St
18 fo1 wed he state attorney's lead in seeking sanction of
19
20
21 A. Well, you didn't read it verbatim, but
22 essentially that's what it says, yes.
23 It also says the clerk's decision --
24 Q. I didn't ask you what else it says.
25 A. I know, because it doesn't help you.
It says that in there, correct?
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([Phone Redacted]
EFTA02734859
Judge Luis Delgado
September 08, 2022
Page 163
2
3
Q. But I didn't ask you that.
THE COURT: Gentleman, so this is the
second time, okay?
4 MR. WYLER: Thank you, Your Honor.
5 THE COURT: Let's maintain a little
6 civility.
7 BY MR. WYLER: 'O A
8 Q. Mr. Mendelsohn, in your sive
9 involvement in this case, how did y c ntribute to the
10 June 3rd, 2020, motion to dism aring?
11 A. How did I?
12 Q. Yeah, or
13 A. I did ie the motion, but certainly,
14 as part of the e had discussions as to how we
15 thought it sh argued, the potential arguments from
16 the state to ney s office and what we thought would
17 occur.
18
c) A. Yes
CV: 1r
.
Did you attend via Zoom or
19
je
A.21
Q. Okay.
-- I did.
22 Q. And have you ever read the transcript of
23 it?
24 A. Some time ago, yes.
25 Q. Okay, so then you were aware of Judge
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([Phone Redacted]
EFTA02734860
Judge Luis Delgado
September 08, 2022
Page 164
1 Marx's statements, the ones that I read onto the record
2 in my opening statement regarding the impossibility of
3 performance for the records that you requested?
4 A.
5 Q. Okay.
6 statements as to an impossibility of Mr. Ar
7 able to comply?
8 A. I took her statements a om.lete dicta
9 since they were not before her as a ue tion on the
10 motion to dismiss. I did not hat personal
11 knowledge she had of what e attorney's possession
12 or nonpossession was. 'id not credit it as being
13 anything but a dict st ent from
14 Q. So O your firm, no one objected to
15 those stateme n, correct?
16 A. here wasn't -- I'm not sure what you're
17
18
19
20 hose statements made on the record in that hearing?
21 A. I don't follow, because you don't make
22 objections to a judge's comments.
23 Q. Well, through an appeal, you would. Did
24 you file an appeal as to that motion to dismiss?
25 A. No. It wasn't necessary.
referrit549.
her.
I know she said that, yes.
Did you agree with Judge Marx's
cab4v, being
Was there any objections made to any of
(1:c- se statements made -- objections or appeals made as to
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([Phone Redacted]
EFTA02734861
Judge Luis Delgado
September 08, 2022
1
Page 165
Q. Okay. Would you please flip to our Joint
2 Exhibit Number 14?
3
4
5
6
A. Sure.
Q. It's also found at
A. Yes, sir.
stamp 232.
Q. Okay, do you -- do you recogn this as a
7 copy of my client's 57.105 demand letter
8 the email when it was sent to you?
9 A. Yes, I do.
10 Q. And what day was nt to you?
11 A. June 8th --
12 Q. Okay.
13 A. -- of 2
14 Q. yo . And then, if you flip to the --
15 past the lett t's stamp 235.
17 Do you -- Do you recognize this as the
18 mo n far attorneys' fees that was sent along with that
19 (INi to -- or, with that 57.105 demand?
20 A. Well, it wasn't a motion. It was an
21 unsigned proposed motion that you were suggesting would
22 be filed if we did not act within the 21-day safe harbor
23 under 57.105.
24 Q. That's right. And that -- Do you know when
25 this motion for attorneys' fees was actually filed?
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([Phone Redacted]
EFTA02734862
Judge Luis Delgado
September 08, 2022
Page 166
1 A. July, the beginning of July of 2020, I
2 believe.
3 Q. If I told you July 1, 2020, does that sound
4 correct to you?
5 A. Yes, it does.
6 Q. Okay. And is that more than 24,st after
7 June 8th, 2020?
8 A. Yes. CS
9 Q. It's 23 days beyond, th.
10 A. I have no reason •'ubt that.
11 Q. If you look
c
quoted in our -- In the
e ilr
12 57.105 demand, you'll s ote of the Chapter 57.105
13 subsection (1).
14 A. W re ou referring to now?
15 Q. see in my the 57.105 demand
16 letter, st 1 ibit 14?
17 The demand letter that's Exhibit 16?
18 No, no, no. Still on 14.
19 rINN A. 14.
20 Nh....) Q. stamp 233.
21 A. 233? Yes.
22 Q. Okay. Do you see where the 57.105
23 statute's quoted there in the middle of the page?
24 A. Yes.
25 Q. Can you tell me anywhere in there there's a
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([Phone Redacted]
EFTA02734863
Judge Luis Delgado
September 08, 2022
Page 167
1 good faith element?
2 A. No, because you didn't quote the good faith
3 element of the statute.
4 Q. In subsection (1), is there a good faith
5 element?
6 A. I believe there is a good fai ement
7 that wraps around the entire proceeding o .105.
8 Q. Okay, but in subsectionK e f, is there
9 a good faith element in that subsec
10 A. No, but there's itional good faith
11 provision in 57.105 that y t cite to in this
12 letter.
13 Q. Okay., o re you to 57.105
14 subsection 4? I s ow you the statute.
15 A. just check here. I'm looking at my
L )
16 letter of ne C 23rd. 57.105(3)(a), that's what I was
17 referri to.
18 . Okay. All right. And, now, we talked
ub
19 u this before. Can you -- 57.105(3)(a), can you read
20 Osection (a) for the Court?
21 A. I don't have 57.105. I have my letter
22 which --
23 Q. I can hand it to you.
24 A. Sure.
25 Q. Yeah, absolutely.
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([Phone Redacted]
referring
EFTA02734864
Judge Luis Delgado
September 08, 2022
Page 168
1
2
3
A. Thank you.
Q. You're welcome. 3(a) is right there.
A. "Notwithstanding subsections (1) and (2),
4 monetary sanctions may not be awarded; (a), under
5 paragraph (1)(b) if the Court determines that the claim
6 or defense was initially presented to the Cq as a good
7 faith argument for the extension, modificaen or
8 reversal of existing law or the estab = t of new law
9 as it is applied -- as it applied t th material facts
10 for the reasonable expectation ccess; (b), under
11 section" -- excuse me -- " ragraph (1)(a) or
12 paragraph (1)(b) agains 1 ing party's attorney, if he
13 or she has acted in oo ith based upon the
14 representations is or her client as
15 of material ), under" --
16 Q. ~£~ st -- I just needed you to read (a).
17 Thank
18
19 Q. ) Q. So under (3)(a), does that apply to
+
20 Nimbsection (1)(a) of the statute, or does it only say
21 (1)(b) there?
22 A. No, if you look at (3)(a) -- if you look at
23 (3)(b), it says, under paragraph (1)(a) or
24 paragraph (1)(b) against a losing party's attorney if he
25 or she has acted in good faith.
II, I wasn't sure.
to the existence
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([Phone Redacted]
EFTA02734865
Judge Luis Delgado
September 08, 2022
Page 169
1 You're seeking fees against myself and --
2 Q. No, no.
3 A. -- and Greenberg attorneys, so I read that
4 as being applicable.
5 Q. Mr. Mendelsohn, you're skipping down to --
6 That's not what I asked you. 57.105(3)(m), that
7 apply to 57.105(1)(a)? Does it say it in statute?
8 MS. WHETSTONE: Objecti t1 s for a
9 legal conclusion.
10 MR. WYLER: No,
11 it.
12 A. It doesn y 1)(a) under (3)(a), but I
13 don't remember the
14 you're suing bat client and the lawyer under 57.105,
15 that both of n t make the argument of good faith.
16 BY MR. WYL
17
18 un paragraph (1)(b), if the Court determines that the
19 Lm or defense was initially presented to the Court as
20 ood faith argument?
21 A. (1)(b) has good faith in it as well, yes.
22 Q. It doesn't say (1)(a) in there, does it?
23 A. I'm confused now as to what you're asking
24 me. No offense.
25 Q. Mr. Mendelsohn, that's okay. I'll move on
But
st asking him to read
as to whether
correct me if
or not, when
I'm wrong, it did say,
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([Phone Redacted]
EFTA02734866
Judge Luis Delgado
September 08, 2022
Page 170
1 from that. I believe the Court understands what I'm
2 saying.
3 So back to that 57.105 demand letter.
4 Isn't it true in that demand letter that we asserted that
5 your client's declaratory relief claim is not supported
6 by the material facts to establish it?
7 A. That's what you say, yes.
8 Q. Okay, we made that asse vim yes?
9 A. That's what the state tt rney asserted.
10 Q. Yes, sir, okay. in making that
11 assertion, didn't he say t'\ her him or his office
12 has custody or control hSgdei. e records and that's it's
sty
PiSy13 impossible for him p de them? He made that known
14 to you in that 1 r?
15 A. what he said, yes.
16 Q. y. Didn't that letter also say that
17 your clam's declaratory relief claim is unsupported by
18 th pplication of the law to those facts?
19 A. Well, in a conclusory way, yes, but not in
20 ATe specifics as to why we were wrong.
21 Q. Well, then maybe you should keep looking at
22 that because, if you flip to the second page of that
23 57.105 demand letter, do you see Section 905.27(2) quoted
24 as the reason for that assertion?
25 A. Yes, but if you recall, there was more --
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([Phone Redacted]
EFTA02734867
Judge Luis Delgado
September 08, 2022
Page 171
1 Q. Thank you.
2 A. -- there was more than one argument you
3 were making and more than one argument we were making.
4 Q. A review of this letter makes crystal clear
5 -- I'm sorry. All right. Okay, let's go to tab number
6 16.
7 A. Yes. AR 0,
8 Q. Do you recognize this a letter where
9 you rejected our 57.105 demand?
10 A. Yes.
11 Q. Can I direct the very last paragraph
12 of that letter?
13 A. "For eNS ip asons, we decline" --
14 Q. No 'r. No, sir. I'll point you. The
15 very last par of this letter, it starts with, "Also
16 assuming..
17
18 II, no, I'm sorry, on the second page. I
19 n't need that one.
20 V A. That's actually the penultimate --
21 Q. Then we'll start with the penultimate
22 paragraph on 245 --
23 A. Right, I see that, yes. It starts, "Also
24 assuming..."
25 Q. First sentence, please.
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([Phone Redacted]
That's actually --
EFTA02734868
Judge Luis Delgado
September 08, 2022
Page 172
1 A. "Also assuming the state attorney does not
2 have physical possession of the grand jury materials,
3 there is nothing in Florida law that prohibits the state
4 attorney from requesting the clerk provide copies to the
5 state attorney."
6 Do you want me to keep readin
7 Q. No, sir. Thank you. But I ld like to
8
9
10
11
12 and
13 a grand
14 jury for use by Court
15 pursuant to
16 A.
17
18
19
20
21
22 attorney in this statute from asking the clerk for these
23 materials.
24 Q. All right, isn't there a big difference
25 between getting access from the clerk for materials and
state
4.
A.
redirect your attention, again, back .17 and that
statement that you read earlier. I sa s, "The notes,
records and transcriptions are dential and exempt
from the provisions of Sec
Section 24(a) Article 1
shall be released b erk only on request by
d jury or on order of the
905.27."
ight, I'm familiar with that.
Okay.
And that
attorney.
Thank you.
So there's
.07(1) and
tIe State Constitution
section refers to the clerk, not
Exactly. Thank you.
nothing to prohibit the state
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([Phone Redacted]
EFTA02734869
Judge Luis Delgado
September 08, 2022
Page 173
1 disclosing the materials? Isn't there a difference
2 between that?
3 A. I don't understand what you're asking.
4 Q. I'll ask you again. Isn't there a
5 difference between accessing the materials and being able
6 to disclose the materials?
7 A. 'O AOnce the clerk provides
8 Q. No, no, no. It's a yes question.
9 A. Then I don't understa at you're asking
10 me, to be honest with you.
11 Q. Is there -- Is Herea difference between
12 saying, Hey, may I pleas ave these records, versus
13 saying, Here you go a these records, Newspaper?
14 A. We, you're -- what you're asking me
15 is a twofold
16 Q. asked you one question. Is there a
17 differ between
18 No. Once you access something, it's
19 cl sed. I don't understand what you're asking me,
20 , I honestly don't.
21 Q. Mr. Mendelsohn, I'm sorry, and I do not
22 want to have -- I do not want to make the Court angry,
23 but we've got to stop talking over each other. I'm
24 asking you a simple question.
25 You stated here that Mr. Aronberg could get
access and disclosure?
www.phippsreporting.com
([Phone Redacted]
EFTA02734870
Judge Luis Delgado
September 08, 2022
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 be examined by the Court in camera before they were ever
A. He could ask the clerk for them, and I
for the
Page 174
1 access to these records through the Court -- through the
2 clerk, correct?
3
4 didn't -- and I argued that there was nothing in the
5 statute prohibiting him from asking the clerk
6 clerk to give his office these documents, y ir.
7 Q. Okay, sure. Okay, thank yo4Q An so let's
A. Okay.
8 just say that happened. 4)
Q. The clerk gives Aronberg asks the
clerk for the records and k gives them to him.
A. Okay.
Q. That'sinS‘w at you asked for in your
lawsuit, is it? 8 -
A. , f course it is.
Q. . Mendelsohn, did you not -- does not
your cdpplaint request the complete -- the disclosure of
th rebords from my client?
4(c ,
0
A.
Q.
But --
You asked -- Did you ask in your lawsuit
for my client to hand these records over?
A. No, no.
Q. No? Okay.
A. No, because we had asked for the records to
www.phippsreporting.com
([Phone Redacted]
EFTA02734871
Judge Luis Delgado
September 08, 2022
1
2
3
4
5
Page 175
to be disclosed to the public. In fact, we stated in the
amended complaint that the Court should review such
documents and redact anything that would identify
witnesses or potential witnesses or those who were not
charged with a crime.
6 So it's inaccurate for you to west that
AR ,I;,7 the paper just wanted it handed to them. t was never
8 the case. 0
9 Q. Okay. Let's look bac at your complaint.
10 It's tab number 9. We're goin ook at stamp
11 136, and we're going to lo, CC ur wherefore clause.
12 A. Tab 9, you<ky.
13 Q. Yes.
1W re14 A. 3
15 Q.
16 A. see it.
17 15 h7 Okay.
18 Sc "Wherefore, the Post
19
20
21
22
23
24
25
-- the Palm Beach Post
eZctfully requests that the Court determine the rights
obligations of the parties by declaring that,
pursuant to Florida Statute Section 905.27(1)(c) and the
Court's inherent authority, the Palm Beach Post may gain
access to the testimony, minutes and other evidence
presented in 2006 to the Palm Beach County grand jury and
use those materials for the purpose of informing the
www.phippsreporting.com
([Phone Redacted]
EFTA02734872
Judge Luis Delgado
September 08, 2022
Page 176
1 public."
2 Q. Okay, thank you. And so in there it says
3 that you're asking for the Palm Beach Post to gain access
4 to the testimony; is that correct?
5 A. Yes, after the Court examined them in
6 camera. 4A r
7 Q. How else would you gain acc to testimony
9 A. I'm C O
8 unless it was disclosed to you?
10 Q. You would not.
11 A. I'm not foll‹:19! you're asking me,
12 I'm really not.
13 Q. Would ou ase look at tab J17.
14 A. D erg's motion for attorneys' fees?
15 Q.
16 A. Cy y
17 'IT,sr It's at stamp 247.
18
19 Sr
20 V Q. Correct. And we went through that.
21 Before, you said that was filed at least 21 days after
22 you received the 57.105 demand, correct?
23 A. Well, you said it was 23, and I agreed with
24 you.
25 Q. And I said at least 21 days.
Right. This is the one you made on July 1,
www.phippsreporting.com
([Phone Redacted]
EFTA02734873
Judge Luis Delgado
September 08, 2022
Page 177
1 A. Right.
2 Q. Thank you. So, if I give you this -- Let
3 me give you this 57.105 statute again and ask you to look
4 at subsection (4) for me.
5 A. Okay.
6 Q. And if could you read that to Court.
7 Thank you. AS ,
8 A. "A motion by a party se sanctions
9 under this section must be served b m y not be filed
10 with or presented to the Court s, within 21 days
11 after service of the motio , hallenged paper, claim,
N er 12 defense, contention, al t n or denial is not
13 withdrawn or approp
14 Q.
15 withdraw the ' or declaratory relief within that
16 21 days af eing served, correct?
17 Yes.
18 It All right. And then let me have you look
19 t number or, our Exhibit Number 23.
20 A. Plaintiff -- Yes, the notice of dropping
21 State Attorney Dave Aronberg on October 21st, 2020, that
22 is the one you want me to look at?
23 Q. Yes, that's right. Yep. And that's the
24 date it was filed, October 21, 2020; is that what you
25 said?
Th otT:
corrected."
And you and your client did not
www.phippereporting.com
([Phone Redacted]
EFTA02734874
Judge Luis Delgado
September 08, 2022
Page 178
1 A. Yes.
2 Q. Okay. And is that filing date more than
3 21 days beyond when you were served with the 57.105?
4 A. You're confusing a lot of things there.
5 Q. No, I'm not. I asked you a question.
6 A. I cannot answer that question. can't --
7 Q. Okay.
8 A. -- because it's makin er of
9 assumptions that are inaccurate.
10 Q. No, no, no. Th one simple question.
11 When were you served with At 105 demand?
12 A. Which on
13 Q. No, n You were only served with one
14 57.105 demand.
15 A. s correct.
16 Q. ay. I'm just asking which one.
17 Right. I wanted you to pin down what you
18 di
19 Q. Okay, you were served with one 57.105
21
tQand.
A. Right.
22 Q. What day was that?
23 A. The letter was June 8th, 2020.
24 Q. Okay. And this -- And that gave you
25 21 days from that date to change your position; is that
www.phippsreporting.com
([Phone Redacted]
EFTA02734875
Judge Luis Delgado
September 08, 2022
Page 179
1 correct?
2 A. The statute gave me that, yes.
3 Q. Okay. And then when did you actually
4 change your position and drop Mr. Aronberg?
5 A. We dropped Mr. Aronberg -- When you say
6 changed position, I don't know what you're xf rring to.
4;11 7 We dropped Mr. Aronberg as a defendant in s
8 October 21, 2020. 0
9 Q. Okay, and October 21, 022, is more than
10 21 days after June 8th, 2020,
11
12
13
14 you 21 days to
15 21 days, corr he statute, 57.105 subsection (4),
16 gives you s to withdraw the alleged --
17 You are confusing a number of things that
18 ar app ing, so I cannot answer that question. You're
19 um ng certain things that are not accurate, so I
20 not answer your question in the manner you put it to
21 me.
22 Q. Mr. Mendelsohn, it's very simple. I'm just
23 trying to establish that that -- that you filed your drop
24 cure -- you dropped the claim against Mr. Aronberg
25 outside of the 21-day safe-harbor period, correct?
A. Yes.
Q. Okay. So 1that fits with the statutory
language then, correc4t%hf what that 21-day -- it gives
w
W
' raw, and you didn't withdraw within
case on
www.phippsreporting.com
([Phone Redacted]
EFTA02734876
Judge Luis Delgado
September 08, 2022
Page 180
1 A. But you never moved -- you never filed a
2 motion on the first motion you made for fees.
3 Q. Okay.
4 A. That's not before us. So you're confusing
5 a safe-harbor for something you've never moved on versus
6 dropping your client as a defendant after sing else
7 happened.
8 Q. Okay, so -- O S
9 A. So you're mixing two in s together.
10 Q. I'm not. I beli- •u are. Okay, so is
11 it your position then thatA X you dropped Dave
12 Aronberg as a client, t
13 A. He's ient.
14 Q. Af s it your position that, after
15 you dropped Dave°A nberg as a party from this lawsuit,
16 it's your p'otion that, after you dropped him, that
%..,}
17 anothe1 .105 demand letter should have been sent to
4V18 yo
19 O A. You didn't give us --
20 Q. Just answer my question. After you dropped
21 Mr. Aronberg from this lawsuit, is it your position that
22 you should have been served with another 57.105 demand
23 letter?
24 A. Yes. You didn't comply with 57.105 for
25 your amended motion for 57.105. You did not comply with
www.phippsreporting.com
([Phone Redacted]
EFTA02734877
Judge Luis Delgado
September 08, 2022
Page 181
1 it. Yes, that is the position.
2 Q. Can you tell me, after dropping
3 Mr. Aronberg from the lawsuit, how your position -- how
4 your client's position could have changed if they were
5 served with another letter being that he was already out
6 of the lawsuit?
9 the
10 that you served it after we dr
11 jurisdictional purposes, y
12 Q. How could ide r
AiiAr
7 A. Well, that's the problem yo4 ve because
8 you served this motion without givin tie safe-harbor,
to, as) C well as the fact
him. For
do that.
you a safe-harbor if
amended motion I'm referring
AC :I;.13 you had already drop elS51.1. from the
c
14 A. Mr le , with all due
15 actually mak' rgument, which is
lawsuit?
respect, you're
that 57.105 is not
16 applicable our client is no longer part of the
17
18
19
20
21 for you.
22 A. Sure.
23 Q. I'd like to go -- I think I'd like to go
24 back to that final judgment. That was tab 30.
case.
aton how
Well, then I guess we just have differing
to interpret that statute, Mr. Mendelsohn.
All right, I just have a few more questions
25 A. Okay.
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([Phone Redacted]
EFTA02734878
Judge Luis Delgado
September 08, 2022
Page 182
1 Q. All right, all right, I'm on stamp
2 1473, and I'm at the top of that page, that first
3 sentence.
4 A. The clerk's position? Is that what you're
5 reading from?
6 Q.
7 A. "The clerk's position is th e is merely
8 a custodian of the materials, and, as e has no
9 real interest in the issues before ourt
10 identified. The clerk only ne= e rection from the
11 Court on whether or not he produce or disclose the
12 materials. Nonetheless erk has zealously
13 advocated the posit nst disclosure based upon
14 grand jury secre nd confidentiality because
15 Rule 2.420(d 11 vii) of the Florida Rules of General
16 Practice a cial Administration, the clerk is
17 require o maintain the confidentiality of grand jury
I r 4r18 reds.
19 Q. Yes, will you read the next paragraph, too,
20 ase?
21 A. "The clerk is correct that his role as
22 custodian of the materials is only to follow the Court's
23 direction once confidentiality is determined. The
24 clerk's role in this proceeding has been complicated or
25 expanded because the newspaper filed this action as a
Yes, yes. That's correct.
www.phippsreporting.com
([Phone Redacted]
EFTA02734879
Judge Luis Delgado
September 08, 2022
Page 183
1 civil declaratory judgment action and has moved for
2 summary judgment under Florida Rule of Civil Procedure
3 1.510. However, the proper procedure for obtaining
4 disclosure of confidential Court records is set forth in
5 Florida Rule of General Practice and Judicial
6 Administration 2.420(j) which only requires filing of
7 a, quote, motion, end quote, seeking disc re, Florida
8 Rule of General Practice and Judicial istration
9 2.420(j)(2)."
10 Want me to keep
11 Q. Yeah, just t ry end of that next
12 sentence, please.
13 A. "Acco in , the Court will treat the
14 newspaper's comp t d motion for summary judgment as
15 a motion for ure under Rule 2.42" -- excuse me --
16 "2.420(j). As result, the Court need not determine as
17 a matt f law whether the clerk of the Court is a
eiZ t4r18 p r d endant to the declaratory judgment for the
19 e of the grand jury materials."
20 V Q. Thank you. All right.
21 A. I'm sorry, was there a question?
22 Q. No. There's going to be. Just one second.
23 When you filed this lawsuit, were you
24 familiar with Rule 2.420 of the Rules of Judicial
25 Administration?
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([Phone Redacted]
EFTA02734880
Judge Luis Delgado
September 08, 2022
Page 184
1 A. Absolutely.
2 Q. Then why didn't you just file a motion like
3 the rule says -- says you're supposed to if you want
4 confidential Court records and sued my client instead?
5 A. First off, the rule doesn't actually say
6 that. It says you may file a motion in a pe g
7 criminal or civil procedure. Since there n't a
8 pending criminal or civil proceeding, 't view that
9 motion as being necessary to be mad
10 Now, this issue b= ore the Fourth DCA at
11 the present time, and the taken the
12 its answer brief that Rt e4 - 2.420 is ambiguous and
13 the actual procedur
14 uncertain. And, fa , the clerk's position is now
15 that the Supr rt must reassess how one would seek
16 grand jury als.
17 That was in their answer brief, which I'd
18 be4 py o provide to the Court along with our initial
19 e and reply brief, which extensively discusses
20 e 2.420, but also argue that the clerk has now adopted
21 a position of neutrality when it comes to the release of
22 the grand jury materials. In its answer brief, it says
23 it no longer opposes release of the materials.
24 Q. Okay.
25 A. It is now neutral on that issue.
position in
to be followed is
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([Phone Redacted]
EFTA02734881
Judge Luis Delgado
September 08, 2022
Page 185
1 Q. Thank you, Mr. Mendelsohn.
2 In the Court's
3
4
5
6 and Judicial Administration 2.420(j), which p requires
Lfr,7 the filing of a motion seeking disclosure;A that
8 correct? 0
9 A. Yes, but at this time, th state attorney
10 was not a party, and, in fact, tate attorney has
11 never made any argument un 2.420 in this case.
12 It has never made such a r ment.
13 Q. But y? w aware of that rule before you
14 filed this lawsu'
15 A. t, and the clerk made this argument
16 after we d the state attorney from this case. That
17
18
19
20
21
22 So this was not an issue in the case either
23 because your client did not raise it, the clerk did not
24 raise it, and it was not before the Court until after
25 your client was no longer a party. So it was not an
final judgment, however, it
does say, which you just read to the Court, the proper
procedure for obtaining disclosure of confidential
records is set forth in Florida Rule of General Practice
was th0t544't
ma thiSs argument that the rule was applicable in
Ic t
os tion to our motion for summary judgment which
urred after the state attorney had been dropped from
the case.
time the clerk had made such. The clerk
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([Phone Redacted]
EFTA02734882
Judge Luis Delgado
September 08, 2022
Page 186
1 issue that either you addressed or we addressed as part
2 of your demand that we withdraw the case.
3
4 filed the lawsuit, right? You knew about that
5 A. Of course. Of course.
6 Q. All right, last question for ypa Isn't it
7 true that your client's goal in obtainin• se records
8 from my client was for public disclosq as that your
9 end goal? (14.)
10 A. After the Court ed them in camera and
11
12 indicted, that was actu scussed very much
13 extensively in the a ument before Judge Hafele,
14 and, in fact, he d hls particularly if I were -- and
15 using Judge H words -- inclined to release these
16 materials newspaper and the public -- it wasn't
17 just t a er; it was simultaneously to the public -- Wr
18 ho Qoul I go about redacting them? Would I need to
19 e omeone else, a , possibly review them? How
20 ld I go about doing it?
21 And we had about a half hour's worth of
22 discussion as to how to accomplish that if he were
23 inclined to grant disclosure. So that absolutely was an
24 issue before Judge Hafele.
25 Q. Great. So then the final goal was -- Was
removed witness identifica Arss,
Q. But you still knew about it before you
rule?
people who hadn't been
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([Phone Redacted]
EFTA02734883
Judge Luis Delgado
September 08, 2022
Page 187
1 the final goal to have these requested grand jury
2 materials be able to be disclosed to the public?
3 A. Absolutely.
4 Q. Okay. And that was without any connection
5 to any underlying civil or criminal case, correct?
6 A. If you're asking me whether o t the Post
7 was part of a civil or criminal case pendICS at the time,
8 no, it was not.
9 Q. You did not -- Did yo
10 records as part of a pending c r criminal case?
11 A. Involving th
12 MR. WYLER h you. No further
13 questions. A\„
14 A. er han this lawsuit.
15 URT: Thank you.
16 irect examination.
17 REDIRECT EXAMINATION
18 BY W ETSTONE:
19 n Q. Good afternoon, Mr. Mendelsohn.
4 $11.1 A. Yes.
Q. Mr. Wyler asked you to read a sentence in 21
22 the amended complaint --
23 A. Yes.
O est these
24 Q. -- and I'd like to draw your attention to
25 that, and it's Exhibit 9. I'm going to look at
www.phippsreporting.com
([Phone Redacted]
EFTA02734884
Judge Luis Delgado
September 08, 2022
Page 188
1 paragraph 3.
2 A. Yes, I have that in front of me.
3 Q. Can you read the entire paragraph 3,
4 please?
5 A. Yes, I'd be happy to.
6 "Defendant Dave Aronberg is t ly
7 elected State Attorney for the 15th Judic District in
8 and for Palm Beach County, Florida, %itto Florida
9 Statute Section 27.01 and has autho an grand jury
10 proceedings pursuant to Florid- ute Section 27.03.
11 He is sued in his official y as his office is in
12 possession and/or contr f ocuments that are the
13 subject of this act
14
15
16 Y or too, if that's easier to see.
17 BY MS. TSTONE:
18 But we're going
0
19 a e paragraph 4 names the clerk; is that correct?
20 A.
21 Q.
22 A.
23 elected clerk
24 Florida. She
25 her office is
Q. So el m actually going to compare --
ETSTONE: And it's on the screen for
to look at paragraph 4 next
Yes.
Could you read paragraph 4, please?
Yes. "Defendant Sharon R. Bock is the duly
and comptroller of Palm Beach County,
is sued here in her official capacity as
in possession and/or control of documents
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([Phone Redacted]
EFTA02734885
Judge Luis Delgado
September 08, 2022
Page 189
1 that are the subject of this action."
2 Q. So comparing those two paragraphs, was the
3 clerk named in a different capacity as the state attorney
4 in paragraph 3?
5 A. Yes, because, in paragraph 3, I cited to
6 Florida Statute 27.03, which is the broad g
7 authority to state attorneys to supervise conduct
8 grand jury investigations, and that's what the
9 situation involved in this case.
10 Q. So you set forth
11 that the state attorney wad
12 over grand jury proceedi k s; 's
13 A. Yes.
.', 14 Q. Wa e game language in the first
e amended complaint
as having authority
that correct?
15 complaint tha iled in November 2019?
16 A. on't recall.
17 N!llor Let's go ahead and pull that up.
i.04S
18 MS. WHETSTONE: And, Gerard, if you don't
19 mind, it's Exhibit 4.
20 MS. WHETSTONE:
21 Q. And, while you're turning to that, was the
22 clerk only named in its official capacity as having
23 possession?
24 A. Yes, that is correct. I'm looking at
25 paragraph 3 of the original complaint dated 11/14/2019,
www.phippsreporting.com
([Phone Redacted]
EFTA02734886
Judge Luis Delgado
September 08, 2022
Page 190
1 and it appears that paragraph 3 appears the same.
2 Q. And let's go ahead and blow that up just so
3 we can close the loop on this.
4 Paragraph 3 of the original complaint is
5 the same as the amended complaint; is that correct?
6 A. Yes. Both of them cite to Se 27.03
7 Florida Statutes creating jurisdiction b state
8 attorney over all grand juries withi Si particular
9 judicial district.
10 Q.
11
12 or custody of the grand
13 grand jury investig
14 A.
15 because the
16 grand jury
17
18
19
20
21
22
23
24
25
So the
named solely because
0 ividual capacity, only in his official capacity
because he's the successor to State Attorney Krischer.
Q. Was there any case law cited in the amended
complaint -- We'll go back to Exhibit 9, please -- any
case law cited in the amended complaint dealing with the
state attorney's official capacity as the protector of
state att
he
was named -- never
possession, custody
ecords from the Epstein
that correct?
Th
1% 71
is correct. The primary reason was
atk torney has such authority over the
ss in this judicial district.
Now, granted, Mr. Aronberg was not the one
the Jeffrey Epstein grand jury proceeding.
we didn't sue Mr. Aronberg in his
www.phippsreporting.com
([Phone Redacted]
EFTA02734887
Judge Luis Delgado
September 08, 2022
Page 191
1 the grand jury system?
2 A. You mean paragraph 3?
3 Q. Yes.
4 A. No, I didn't cite to it because it was
5 clear to anyone who looked at Florida Statute 27.03, they
6 would see a litany of cases describing the d Ority of
7 the state attorney over the grand juries i heir
8 judicial district. So it was obvious -- what we
9 were getting at.
10 Q. You cited the st that gives the state
11 attorney power over the gr u ?
12 A. Correct, n fact, there are cases
13 that say that, unde tatute, that the grand jury is
14 essentially the f h -- of the state attorney.
15 Q. w that we're back on the amended
16 complaint, irect your attention to paragraph 21 --
17 sorry -- page 21, wherein there is the wherefore clause.
18 Mr. Wyler had you read from one of the
19 rebore clauses, but I wanted to ask about the
20 therefore clause on page 21 --
21 A. Yes.
22 Q. -- and you had said that you had requested
23 an in-camera inspection. Actually, could i just ask you
24 to read this wherefore clause?
25 A. Sure. "The Palm Beach Post respectfully
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([Phone Redacted]
EFTA02734888
Judge Luis Delgado
September 08, 2022
1
2
3
4
5
6
7
8
9
10 further equitable or
11 and proper."
12 Q. So, in the e ed
ASO13 request an in-camer n e tion?
14 A.
15 that we made
16 on that.
17
18
19
20
21 records by the state attorney.
22 I wanted to ask you about the order on that
23 motion to dismiss. The order was Exhibit 15.
24 A. Yes.
25 Q. And did Judge Marx's order address those
Page 192
requests that this Court, pursuant to Florida Statute
Section 905.27(1) and the Court's inherent authority,
order the state attorney and clerk of the Court to file
with this Court files of testimony, minutes and other
evidence presented in 2006 to the Palm Beach County grand
jury during the first Jeffrey Epstein sex a
investigation so that, following an in-ca inspection,
it can be made available to the Palm Post and the
public on an expedited basis, and g such other and
legal rel e Court deems just
\Sr
treecript --
0
ns ript, and during that hearing, Judge Marx made
aliments about
complaint, did you
In t At summary , in our motion for judgment
Judge Hafele, there's a whole section
And Mr. Wyler asked you about the
the hearing before Judge Marx and that
possession and custody of the grand jury
www.phippsreporting.com
([Phone Redacted]
EFTA02734889
Judge Luis Delgado
September 08, 2022
Page 193
1 comments that Mr. Wyler read?
2 A. No, she did not. That's why I believe that
3 they were dicta.
4
5
Q. And what did Judge Marx's order rule?
A. She ruled on a very narrow area, which --
6 and I respect Judge Marx. She's a very, vez. easoned
7 and reasoned jurist.
8 She determined that, 5.27, that
9 there was not a private cause of ac and that,
10 because it was not a private c f action, we could
11 not utilize that statute t he grand jury j'sliir
cal
12 materials. We disagree ' k t that, and that is the
.4ssy
13 subject of the appe
14 Q. So ixTg to the final judgment that was
15 entered by Ju ele, which is --
16 A.
17
18 S lit '
19 n Q.
}ea
A. Yes.
t was
21
number ending 1477.
22 Q. And I'm going to ask you to go ahead and
23 finish that paragraph, or read the whole paragraph if you
24 would like.
-- Exhibit 30, yes
Yes.
-- Mr. Wyler asked you to read from page 7,
25 A. Right. "The newspaper makes strong
www.phippsreporting.com
([Phone Redacted]
EFTA02734890
Judge Luis Delgado
September 08, 2022
Page 194
1 arguments to advance its more expansive construction of
2 Section 905.27 as part of, quote, furthering justice,
3 unquote. Unquestionably, the established matters
4 surrounding Mr. Epstein's conduct, the circumstances of
5
6
7
8
9
10
11
12
13
14
15
16 A.
17
18
19 er ion that this was only about possession and
20 tody. We were asserting that the Court has inherent
21 authority over the grand jury process and that inherent
22 authority superseded or was preeminent over the statute,
23 905.27. That is why we gave the state attorney the
24 opportunity to participate in this case, because we felt
25 it was only fair to, not only the state attorney, but to
his resolution of the 2006 state charges and potential
federal charges and his 2008 guilty plea an
incarceration are matters of public intere and
disclosure of the materials may argua% within the
concept of, quote, furthering justi nd quote, in the
broadest social sense of the ii
Should I kee , or not?
Q. I think t s ine for now.
II
Were Kir
CII
judgment that yo t d to discuss
Did the --
her portions of the final
and needed to finish?
ItGo ahead, sorry.
I take issue with the state attorney's
www.phippsreporting.com
([Phone Redacted]
EFTA02734891
Judge Luis Delgado
September 08, 2022
Page 195
1 the public to hear a voice for grand jury secrecy. And
2 the state attorney availed himself of that opportunity.
3 Now, on appeal, we are of the belief that
4 the Court has such inherent authority and that the
5 Court's inherent authority is, as I say, superior to the
6 statute. There are federal cases which say t, and
7 there are state cases which say that. An n act, the
8 Florida Supreme Court's case -- actua s a Fifth DCA
9 case in Clayton says that, where a at attorney may
10 have abused his authority with rand jury -- It's not
11 Mr. Krischer, and it's not •nberg, so I'm not
12 suggesting they are -- that case, it was the
13 Fifth DCA who said tea don't care what the statute
14
15 grand jury pr , and ultimately that's why we're here.
16
17
18 st at orney abused his authority. How did he do so?
19 ob aining materials from the defense team that
20 ermined the credibility of the witness and the victim
21 before the grand jury. We assert that in paragraph 22 of
22 the amended complaint. It states that in there. And, if
23 you look at the exhibits, you'll see that.
24 We now know, based upon the Department of
25 Justice, the U.S. Department of Justice's report, that
says, the Court authority to control abuses of the
believe that we've laid out a very
detail actual and legal reason why we think the prior
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([Phone Redacted]
EFTA02734892
Judge Luis Delgado
September 08, 2022
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Page 196
the clerk's office in Palm Beach County shared these
reported secret grand jury materials with the federal
government without a court order, without notice
apparently to Mr. Aronberg's office or to the public.
Now, why they did that, under what
authority they did that, I don't know. Now ther they
asked Mr. Krischer or whether he consente ring the
8 time of the U.S. Attorney's interacti r th the state
on 't attorney, Mr. Krischer's office, we on't know that
10 either. But we do know that t ve been disclosed.
11 Q. And you're t get
12 and
13 A. We wa t ublic to have those materials.
14 Q. Ri .
15 A.
i
16 Q. l the public.
17 The public. The Post is only a conduit for
18 th
4C4IIIll ubl'c. That's what the media is under the First
19 n ent. Without the media acting as the conduit for
20 public, the public does not have the authority, the
21 time or the resources to inform the public of what's
22 going to happen.
23 Imagine if Joe Public or Jane Public came
24 and brought this lawsuit. Would it have gone anywhere?
25 No. Thank God for the First Amendment that the Post has
those materials
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([Phone Redacted]
EFTA02734893
Judge Luis Delgado
September 08, 2022
Page 197
1 the right constitutionally to seek these materials.
2 I know I'm going off on a tangent, but it's
3 important.
4 THE COURT: You are. So let's move on.
5 THE WITNESS: Thank you.
6 BY MS. WHETSTONE:
7 Q. Thank you, Mr. Mendelsohn
8 back to the demand, the first motion
/4: 1/4) 9 was that one-page motion, and that s erved on
de4IffaiPE:llibit 14.
ler had asked you some questions
Aweic
let's go
ctions that
10 June 8th, 2020.
11 A. Yes.
12 Q. And the
13 A. Yes.
14 Q. An
15 about the let rk at was enclosed with that motion and
16 was the badle fo the sanctions motion that was attached
17 dealing with possession or custody of the grand jury
18 ma by the state attorney's office.
19 A. I'm sorry, I don't understand your
leestion.
21 Q. Sure. He had asked you whether there was a
22 basis for the first motion for fees, and the basis is set
23 forth in this enclosure letter; is that correct?
24 A. Right. Their position was that the
25 Statute, 905.27, and -- yes, 905.27 did not provide a
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([Phone Redacted]
EFTA02734894
Judge Luis Delgado
September 08, 2022
Page 198
1 private right of action, yes.
2 Q. So 905.27, that statute is not the claim
3 that we're here on today, correct?
4 A. That is correct. Count 1 was broader than
5 that.
6 Q. And, when it comes to -- Mr. Wyi said
7 something about possession or custody of state
8 attorney. He referenced that the st orney does not
9 have possession or custody in this ttjr, correct?
10 A. Correct
11 Q. But the reason46rlfiaming the state /
12 attorney in the complainctlie initial and the
13 amended complaint, s broader than his own possession or
14 custody?
15 A. t. As the entity charged by Florida
complaint
16 law with t pervision of the grand jury proceeding,
17 that i d
t ier
ed as well the protection of grand jury
18 se y , nd we named him in his official capacity, if he
19 se, to protect grand jury secrecy, which he did in
20 otion to dismiss and the motion for summary judgment
21 he filed opposing the release of the materials to the
22 public.
23 Q. So that first motion for fees was filed
24 July 1st, 2020; is that correct?
25 A. The first motion, yes.
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EFTA02734895
Judge Luis Delgado
September 08, 2022
Page 199
1 Q. Yes. And did the state attorney ever set
2 that motion, original motion for fees for hearing?
3 A. Never.
4 Q. And we are not here on that first motion;
5 is that correct?
6 A. Correct. They never set it fearing.
7 Q. So we're here on the amende tion for
8 sanctions which was filed November 9t A, • is that
9 correct?
10 A. Correct. And,
11
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18 ha}
S5
cop' of the amended motion for fees filed
19 er 9th prior to the time it was filed, correct?
20 V A. That is correct. We weren't given the
21 21-day safe harbor.
22 Q. Why did you -- Why did the Post decide to
23 drop the state attorney when it did?
24 A. The state attorney's position changed from
25 one of opposition to the release of the grand jury
and the notice of hearing
from July of 2020.
Q. So yo r got a notice of hearing that
set the original st -- July 1st, 2020, motion for fees
for hearing; correct?
A. yh t is correct, yes.
And you never got a copy via mail or fax or
, the amended motion
mention the first one
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([Phone Redacted]
EFTA02734896
Judge Luis Delgado
September 08, 2022
Page 200
1 materials to one of neutrality. Once the grand jury --
2 Once the state attorney changed the position, then the
3 Post re-evaluated whether or not he should remain in the
4 case, and we determined that he should be dropped from
5 the case.
f
6 Q. At that point, had the Post actwisished
4R,7 everything that it needed from the state rney in the
8 amended complaint? 0
9 A. Yes. We had given hi th opportunity to
10 voice objection or non-objectie ie originally voiced
11 objection, then he changed eutrality. That was
12 his decision, and there thing further that needed
13 to be stated.
14 Q. at point, when the Post decided
15 to dismiss th attorney on October 21st, 2020, had
16 the Post adComplished everything that was set forth in
17 your J 23rd, 2020, letter, those three reasons?
18 Yes. We had given the state attorney his
19 or unity to be heard, and he took it and then decided
20 no longer needed it.
21 Q. And, finally, the -- you mentioned that the
22 final judgment on Count 1 regarding declaratory relief is
23 currently on appeal.
24 A. Yes, Count 1 is, yes.
25 Q. And does the state attorney need to be
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EFTA02734897
Judge Luis Delgado
September 08, 2022
Page 201
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named in that appeal?
you say.
with it.
asserted that, under the First Amendment,
Constitution and the Florida Constit
had standing or the right to seek t
materials, and the statute was
First Amendment right by t
905.27, of it being in
We al
inherent authori
appellate co
conflict w
authoril rs
SoAhere
A. No.
Q. Why not?
A. Well, the appeal was taken on Count 1 as
Count 1 had a number of elements associated
That's the declaratory judgment p ion. It
h the U.S.
hat the Post
grand jury
ementary to that
age in the statute,
ance of justice.
ted that the Court had
and above 905.27. If the
to determine that 905.27 was in
he Court's authority, that the Court's
superior to 905.27. So if it's unclear
a number of elements, a constitutional
melt, the Court's constitutional inherent authority as
cribed by the Florida Supreme Court and that we
believe that the reading of the statute that read out in
furtherance of justice or tied it exclusively to a
pending civil or criminal case was too narrow a reading
of the statute.
Q. So the state attorney has stated his
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([Phone Redacted]
EFTA02734898
Judge Luis Delgado
September 08, 2022
Page 202
1 affirmative non-objection to the clerk releasing the
2 grand jury materials from the Jeffrey Epstein case if
3 ordered by the Court?
4 A. Yes. That was why we dropped the state
5 attorney.
6 Q. On October 14th
7 A. Correct, yes.
8 Q. -- that was the
9 affirmative statement --
10 A. Yes.
11 Q. -- that he
12 A. That's ab
13 Q. And t
14 release of the g jiTry materials if ordered by the
15 Court in the DCA appeal?
16
17
18
19
20
21 MS. WHETSTONE: No further questions.
22 THE COURT: Is this witness excused?
23 THE WITNESS: Thank you, sir.
24 MS. WHETSTONE: Yes.
25 THE COURT: All right, thank you, sir.
A. . In their answer brief, the clerk took
the podt541
re se lerf the materials, which was contrary to the
)46‘t
it on they took against our motion for summary
gment.
l v
first t t h= filed that
AlliPect?
y right, yes.
no longer objects to the
that it had no opposition at all to the
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([Phone Redacted]
EFTA02734899
Judge Luis Delgado
September 08, 2022
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Page 203
MS. WHETSTONE: If I may approach, I'll
take the exhibit binder.
THE WITNESS: These are for Mr. Wyler.
Thank you.
THE COURT: Next witness.
MR. WYLER: May we call a rebut witness?
MS. WHETSTONE: Your Honor, d'i e's no
rebuttal witness listed on the - O
MR. WYLER: Well, as to tatements that
Mr. Mendelsohn said at th nning denying the
conversation where he, ow, put it on us to
you know, he said1a. e would hold the filing
of an article wh' e lement negotiations were
pending.
MS. i7v NE: And, Your Honor, those
settlement cussions were never entered into
evide never even attempted to enter into
en , and we object to those being entered
t evidence now.
THE COURT: Settlement negotiations are
excluded by statute. All right, so no.
MR. WYLER: Okay.
MS. WHETSTONE: Thank you, Your Honor.
THE COURT: Is there anything else?
MR. WYLER: Other than -- No, Your Honor.
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EFTA02734900
Judge Luis Delgado
September 08, 2022
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Page 204
THE COURT: Okay. Then, I guess, both
parties have rested at this point?
MS. WHETSTONE: I was going to ask if Your
Honor wanted copies of the appeal brief
reply that had been filed in the Fourth
THE COURT: It's not in evidenc
MS. WHETSTONE: Then the non- ant rests.
and the
DCA?
THE COURT: All right. S ybody's
rested. I have your joint --
Can we just a moment,
please?
THE COURT: ' 44 e.ke a moment. I'll be
back in five minutes
p.m.)
(Off thSr; d from 2:20 p.m. to 2:35
TH CO T: Please be seated.
eryone get a chance to confer with who
tr n d to confer with?
(::)MR. WYLER: Your Honor, thank you. We'd
k if you might reconsider the rebuttal witness.
It's not based on settlement. It's really based
on the direct testimony yesterday of
Mr. Mendelsohn saying that there was a firewall
between the legal team and the news team, and our
witness can directly contradict that.
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([Phone Redacted]
EFTA02734901
Judge Luis Delgado
September 08, 2022
Page 205
1 MS. WHETSTONE: Your Honor, we object to
2 this as not on the witness list, which we have
3 agreed, and having no issue that needs to be
4 raised. You could have asked Mr. Mendelsohn about
5 -- and you could have asked Mr. Aronberg about his
6 own recollection of that instance.
7 MR. WYLER: I could call Mr. berg then
8 as a rebuttal.
9 THE COURT: I'm sorry?
CO
10 MS. WHETSTONE: Obj it's not
11 relevant to the motion a 1
12 THE COURT: I4e All right, I will not
13 reconsider.
(4<; %dr14 MR. WYL T ank you, Your Honor.
15 THE T: Closing arguments. All right,
16 now, I t hat we discussed last time we were
17 here that you would give me your closing
18 a e s, and, if you needed to supplement, I'll
19 you time to supplement in writing.
20 Is that what you all want to do, or do you
21 want to conclude today?
22 MR. WYLER: I would prefer to provide you a
23 written closing argument if possible.
24 THE COURT: Instead of --
25 MR. WYLER: Yeah, I absolutely would. I
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EFTA02734902
Judge Luis Delgado
September 08, 2022
Page 206
1 think that there's a lot of -- there's a lot going
2 on here, and I think it might be beneficial to the
3 Court if you would -- if you would allow us I
4 will give you -- I'd be happy to give you a
5 written closing argument. I think it could help
6 you in formulating your final judgment„ hichever
7 way you go. AcIr
8 MS. WHETSTONE: Your Honor i epared a
9 closing argument, but -- and I
10 I was planning on doing
11 THE COURT: Well sking you, you know.
12
13 be more -- if yo we going to do one or the
14 other, I thin it en closing arguments, we could
15 really lay ou know --
16 TH CO T: Yeah, I joked about it earlier,
17 I thi eople are better in writing. A lot of
18 pile when they try to go off the cuff or deal
19 t the changes they experienced during a trial,
20 ey miss things. I do think people are better in
21 writing.
22 How much time do you need to prepare a
23 written argument?
24 MR. WYLER: If you could give us a week,
25 that would be great.
MS. WHETSTONE:
also write one.
a emental
ink it would
one anyway.
probably
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([Phone Redacted]
EFTA02734903
Judge Luis Delgado
September 08, 2022
Page 207
1 THE COURT: Okay, I'm going to give you
2 some guidance because there's something I do want
3 to hear from you.
4 I do want you to address Lago. And,
5 Ms. Whetstone, when I read In re Grand Jury
6 Proceedings, in those cases the state, orney was
7 subpoenaed, they were not a party t6Qe case, and
8 I want you to address that as we
9 How much time do you nee prepare your
10 closings?
11 MR. WYLER: If y o ld give us a week,
12 Your Honor, that wo
13
14 Ms. Whe
15 MS.
16 sufficie
17 E COURT: I'll give
18 1 e a copy of the transcript
19 MR. WYLER: Then we might need a little
20 re time to get it.
21 MS. WHETSTONE: Your Honor, could we ask
22 for 20 days?
23 THE COURT: I'll give you three weeks.
24 I'll give you three weeks. Give me your -- your
25 written closings and proposed orders.
THE COURT S:
terrific.
week
ne, is a week sufficient?
Yes, Your Honor,
you 10 days
a week is
I would
attached.
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EFTA02734904
Judge Luis Delgado
September 08, 2022
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Page 208
1 Give me one more minute. There might be
2 something else I want you guys to address.
3 In the event that I agree with
4 Mr. Aronberg, the amounts have been stipulated to,
5 correct?
MS. WHETSTONE: No, Your Honor, have
not been stipulated to. We submitt bench memo
that objects to the majority of lees.
THE COURT: I saw that. r el time.
MS. WHETSTONE: Yes, Honor.
THE COURT: Okay
MR. BIDEAU: rates have been
agreed. We're n esting the rate. They
didn't need t in an expert to talk about the
rate. Our nt was on legally whether some of
these - of these fees were -- were
recov4tA4).e.
11)HE COURT: me a You can be seated. Give
d.
, okay.
THE COURT: I want you to address
Weatherby. One of the cases submitted, Weatherby.
MR. WYLER: Weatherby? Yes, sir.
And, Ms. Whetstone, I want you to address
In re Grand Jury on that issue regarding --
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([Phone Redacted]
EFTA02734905
Judge Luis Delgado
September 08, 2022
Page 209
1 because there is a difference, Mr. Aronberg in his
2 official capacity as a named party, and In re
3 Grand Jury, I think in that case, I think the
4 state attorney's was subpoenaed.
5 And I also want you -- well, both parties
6 to address the Horowitz case where it ,4s that
7 the judge can extend the law becaus 's
8 obligation of legislative author
9 All right, so you'll giv me your arguments
10 and proposed orders withi 1 lays.
11 Do I need to brin U sack in for a
12 hearing?
13 MS. WHETST Your Honor.
14 MR. WYLEfl N Your Honor.
an
15 THE C T: Okay. All right, then we'll be
16 in reces ank you very much, everybody.
17 . WYLER: Thank you, Your Honor.
18 S. WHETSTONE: Thank you, Your Honor.
4
19
O;:)
(The hearing concluded at 2:42 p.m. )
21
22
23
24
25
THE COURT: Have a great day.
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([Phone Redacted]
EFTA02734906
Judge Luis Delgado
September 08, 2022
Page 210
1
2
3 STATE OF FLORIDA
4 COUNTY OF PALM BEACH
5
6
COURT CERTIFICATE
7 I, Lisa Begley, RPR, RMR, c ify that I
8 was authorized to and did st hically report
9 the foregoing proceedings ai tJiat the transcript
10 is a true and complet- rd of my stenographic
11 notes.
12
13Datele4th
14
15
16
C.,
oftgi...50/
__ Lisa Begley, RPR, RMR
17
18
Illi!IIIV
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2
21
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25
day of September, 2022.
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([Phone Redacted]
EFTA02734907
Judge Luis Delgado
September 08, 2022 1
(1)
155:17 159:16
161:6 166:13
167:4 168:3
(1) (a)
168:11,20,23
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(1) (b)
168:5,12,21,
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(1) (c)
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(2)
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(3) (a)
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10(b)(5)
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11/14/2019
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117
150:2,3,9
119.07
161:6
119.07(1)
172:11
135
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3
182:2
1477
157:15 193:20
1479
159:4
14th
202:6
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15th
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1st
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183:15
2.420
183:24
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A4:42
d) (1) (b) (
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185:6
2.420(j)(2)
183:9
20
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2006
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194:5
2008
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2019
189:15
2020
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3,7 176:19
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9,10 197:10
198:24 199:8,
12,14 200:15,
17
21
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25 177:10,16,
24 178:3,25
79:8,9,10,
4,15,16
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21-day
165:22
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21st
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EFTA02734908
Judge Luis Delgado
September 08, 2022 2
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188:9
27.03
150:18
154:15,17
188:10 189:6
190:6 191:5
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204:14
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209:20
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3
150:3,7,11
154:14 188:1,
3 189:4,5,25
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3(a)
168:2
30
157:13 181:24
193:16,17
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4
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188:18,19,21
189:19
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156:23
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148:23 162:2
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169:7
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8th
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149:12 157.-
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192:2
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170:23
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159:8
9th
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A
ability
161:17
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:Tess
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accessing
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186:22
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acknowledges
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act
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([Phone Redacted]
EFTA02734909
Judge Luis Delgado
September 08, 2022 3
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167:10
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8 208:2,21,24
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addressed
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Administration
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admit
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admittedly
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advance
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advised
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afternoon
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agree
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ahead
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2i70)
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ears
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180:12,15,21
181:3 188:6
190:17,19
195:11 205:5,
7 208:4 209:1
EFTA02734910
Judge Luis Delgado
September 08, 2022 4
Aronberg's
176:14 196:4
article
147:7,19
148:14,24
161:7 172:12
203:13
Ash
155:3
asks
174:10
assert
195:21
asserted
156:14 170:4,
9 201:7,13
asserting
156:2 161:12
194:20
assertion
170:8,11,24
194:19
associates
155:19
assuming
171:16,24
172:1 179:19
assumpt
178
at
207:18
athpmpted
203:17
attend
163:18
attention
172:8 187:24
191:16
attorney
145:14 150:19
154:16,18,23
168:12,24
170:9 172:1,
4,5,19,22
177:21 185:9,
10,16,20
188:7 189:3,
11 190:8,10,
15,21 191:7,
11,14 192:3,
21 194:23,25
195:2,9,18
196:9 198:8,
12 199:1,23
200:2,7,15,
18,25 201:25
202:5 207:6
attorney's
153:21 1
162:18
164.
1
orneys
155:19 169:3
189:7
attorneys'
160:9 165:18,
25 176:14
Authorities
160:4,10,11
authority
148:18 150:20
154:16 157:3,
5 159:19
175:22 188:9
189:7,11
190:15 191:6
192:2 194:21,
22 195:4,5,
10,14,18
196:6,20
201:14,16,17,
19 209:8
authorize
155:5
availed
195:2
‘;:!)
awarded
168:4
aware
1•_x •,21,22a
185:13
B
back
170:3 172:8
175:9 181:24
190:23 191:15
197:8 204:13
209:11
bar
155:6
based
168:13 182:13
195:24 204:21
basis
153:25 192:9
197:16,22
150:2,8
151:5,7
152:1,2
157:15 162:10
165:4,15
166:20 175:10
176:17 182:1
193:20
Beach
145:9 152:16
162:19
175:18,22,24
176:3 188:8,
23 191:25
92:5,8 196:1
159:20
began
145:2
beginning
156:3 166:1
203:10
behalf
145:8,14
belief
195:3
bench
208:7
beneficial
206:2
Bideau
145:6 208:12
big
172:24
binder
160:10,11
203:2
blanche
159:19
blow
190:2
Bock
188:22
www.phippsreporting.com
([Phone Redacted]
EFTA02734911
Judge Luis Delgado
September 08, 2022 5
bottom
151:10
bring
208:14 209:11
bringing
149:9
broad
154:19 189:6
broader
198:4,13
broadest
159:22 194:10
brought
149:13 156:23
196:24
Buitrago
145:7
C
CA
145:8
call
203:6 205:7
calls
169:8
camera
174:25
186•
ca Da
1
88:11,24
189:3,22
190:20,25
198:18 209:2
care
195:13
carte
159:18
case charged
150:25 175:5 198:15
151:17,21
152:18,22
153:5 155:3,
17,18,22
156:15 157:8
158:7 159:10,
17,24 163:9
169:13 175:8
179:7 181:17
185:11,16,21,
22 186:2
187:5,7,10
189:9 190:22,
24 194:24
195:8,9,12
200:4,5
201:23 202:2
207:7 209:3
cases
154:17
12
2
177.11
ce
204:17
change
178:25 179:4
changed
153:23 179:6
181:4 199:24
200:2,11
Chapter
149:12 159:25
166:12
characterize
156:25
charges
194:5,6
check
167:15
chose
198:19
circumstances
155:1,6 194:4
cite
154:15 1
167:11
191:4
ci
189:5
22,24
1:10
civil
150:25
151:17,21
152:18,21
153:4 155:17,
22 156:15
157:8 158:7
159:10,17
183:1,2
184:7,8
187:5,7,10
201:23
civility
163:6
claim
153:1 161:13,
18 168:5
169:19 170:5,
17 177:11,15
179:24 198:2
clause
175:11
191:17,20,24
clauses
191:19
Clayton
195:9
clear
154:3,24:
1:4 191:5
cl k
145:20,25
146:7 153:2
156:20 161:8
162:5,16
172:4,13,18,
22,25 173:7
174:2,3,5,6,
10,11 182:10,
12,16,21
183:17 184:20
185:15,17,23
188:19,23
189:3,22
192:3 202:1,
13,16
clerk's
162:23 182:4,
7,24 184:11,
14 196:1
client
148:16
149:18,23
150:13,23
153:15 154:1
156:2,8
161:12,15
162:5 168:14
169:14
174:18,21
177:14 180:6,
www.phippsreporting.com
([Phone Redacted]
EFTA02734912
Judge Luis Delgado
September 08, 2022 6
12,13 181:16
184:4 185:23,
25 186:8
client's
149:17,23
165:7 170:5,
17 181:4
186:7
close
190:3
closing
205:15,17,23
206:5,9,14
closings
207:10,25
comment
148:15,21
comments
164:22 192:20
193:1
compare
188:14
comparing
189:2
complain
147:6
complaint
149:1 0:1,
3,6 1 15
15 74:17
4 187:22
189:10,15,25
190:4,5,23,24
191:16 192:12
195:22
198:12,13
200:8
complaints
149:23
complementary
201:10
complete
164:8 174:17
completeness
158:20
complicated
182:24
comply
161:18 164:7
180:24,25
compound
149:2,3 151:3
comptroller
188:23
concept
194:9
conclud
205
co u
,gre
:2
us ion
9:9
conclusory
170:19
ti
conduct
154:19 189:7
194:4
conducted
190:18
conduit
196:17,19
confer
204:17,18
confidential
161:5 172:10
183:4 184:4
185:4
confidentiality
182:14,17,23
conflict
201:16
confused
169:23
confusing
(178:4 179:
244)
180:4
Congres
155:4,
co 111, on
151:16
5 :17 153:4
7:4
consented
196:7
Constitution
161:7 172:12
201:8
constitutional
201:18,19
constitutionall
y
197:1
constrained
157:2,6
construction
194:1
contacted
146:23 147:6
contention
177:12
contesting
208:13
context
158:5
continue
159:1
contradict
204:25
contrary
02:18
tribute
441S:9
ontrol
149:19,24
150:14,16
161:19 162:6,
17 170:12
188:12,25
195:14
conversation
148:20 203:11
copies
172:4 204:4
copy
157:10 160:15
165:7 199:17,
18 207:18
corner
151:10
correct
151:18,22
162:20 164:15
166:4 169:17
174:2 176:4,
20,22 177:16
178:15 179:1,
13,15,25
182:6,21
185:8 187:5
188:19
189:12,24
www.phippsreporting.com
([Phone Redacted]
EFTA02734913
Judge Luis Delgado
September 08, 2022 7
190:5,13,14
191:12 197:23
198:3,4,9,10,
15,24 199:5,
6,9,10,15,16,
19,20 202:7
208:5
corrected
177:13
Cort
155:3
costs
160:9
Count
149:16 198:4
200:22,24
201:4,5
County
175:24 188:8,
23 192:5
196:1
court
145:3,16,20
146:7 147:3
148:1,6,7
149:3 150:8
152:25 153:
155:3,4, 6,2
156:2
158
1 5,18
20
61:3,10
12:9 163:2,5
167:20 168:5,
6 169:18,19
170:1 172:14
173:22 174:1,
25 175:2,19
176:5 177:6,
10 182:9,11
183:4,13,16,
17 184:4,15,
18 185:3,24
186:10 187:15
192:1,3,4,10
194:20 195:4,
14 196:3
197:4 201:13,
15,20 202:3,
15,22,25
203:5,20,24 cuff
204:1,6,8,12,
16 205:9,12,
15,24 206:3,
11,16 207:1,
13,17,23
208:9,11,18,
21 209:15,19
Court's
175:22 1
185:2
195:
2
ating
148:21 190:7
credibility
195:20
credit
164:12
crime
175:5
criminal
150:25
151:17,21
152:18,21
153:5 155:22
156:15 157:8
158:6 159:10,
17 184:7,8
187:5,7,10
201:23
Cross
145:17 146:9
cross-examined
158:18
crystal
171:4
206:18
cure
179:24
22
dy
61:19 170:12
190:11,12
192:20 194:20
197:17 198:7,
9,14
D
date
177:24
25
dated
189:25
178:2,
Dave
145:14 176:14
177:21
180:11,15
188:6
day
149:7 153:14
165:10 178:22
209:19
days
166:6,9
176:21,25
177:10,16
178:3,25
179:10,14,15,
16 207:17,22
209:10
Atal;1 202:15
84:10 195:8,
204:5
deal
206:18
dealing
190:24 197:17
decide
199:22
decided
156:25
200:14,19
decision
154:11 162:23
200:12
decisions
148:17
declaration
152:18
declaratory
161:18 170:5,
17 177:15
183:1,18
200:22 201:6
declaring
175:20
decline
171:13
deems
192:10
www.phippsreporting.com
([Phone Redacted]
EFTA02734914
Judge Luis Delgado
September 08, 2022 8
defendant
145:15 179:7
180:6 183:18
188:6,22
defense
155:21
161:12
169:19
195:19
demand
156:3
168:6
177:12
148:23 162:2
165:7,19
166:12,15,17
170:3,4,23
171:9 176:22
178:11,14,20
180:17,22
186:2 197:8,
12
denial
177:12
denying
203:10
Department
195:24,25
describing
191:6
detailed
195:1
dete
75:19
6 201:15
determined
148:24 182:23
193:8 200:4
determines
168:5 169:18
development
149:8
devoted 186:8,23
149:7 194:8
dicta discretion
164:8,13 154:11
193:3 discuss
difference 194:14
172:24 173:1,
5,11,17 209:1
differing
181:18
direct
149:6 157:20
162:9 171:11
191:16 204:22
directing
160:21
direction
182:10,23
directly
204:25
disagr,
19
182:11
losed
152:19 155:18
159:9,13
173:19 175:1
176:8 187:2
196:10
disclosing
173:1
disclosure
155:16 157:5
158:5,10
159:17 173:17
174:17 182:13 I door
183:4,7,15
185:4,7
doubt
166:10
Douglas
145:13
draw
187:24
discussed drop
148:20 186:12 148:23 179:4,
205:16 h3 199:23
discusses
184:19
discussio
147:22
discussi
203:16
A<II14;71
4 :16 156:5,
4 161:24
163:10
164:10,24
192:23 198:20
200:15
disputed
156:16
dissemination
159:14
district
188:7 190:9,
16 191:8
documents
149:19,25
150:14,16
151:20 152:24
153:11 174:6
175:3 188:12,
25
147:23
drdliped
179:5,7,24
180:11,15,16,
20 181:10,13
185:16,20
200:4 202:4
dropping
177:20 180:6
181:2
due
181:14
duly
146:7 188:6,
22
earlier
172:9 206:16
easier
188:16
editorial
148:17
Edmondson
147:6,8,16
elected
188:7,23
element
167:1,3,5,6,9
201:19
www.phippsreporting.com
([Phone Redacted]
EFTA02734915
Judge Luis Delgado
September 08, 2022 9
elements
201:5,18
email
165:8
Emphasis
157:21
employees
155:20
enclosed
197:15
enclosure
197:23
end
158:4 159:21
183:7,11
186:9 194:9
ending
193:20
enforced
154:25
enter
203:17
entered
193:15
203:16,18
entire
158:21 7:7
c 188:3
S enti
1 :17
190:12,18
192:6 202:2
Epstein's
194:4
equitable
192:10
ESQ excused
146:6 202:22
essentially exempt
162:22 191:14 161:5 172:10
establish exercise
170:6 179:23 157:4
established exhibit
194:3 148:1,4,5
establishment 152:7 157:12
168:8 165:2 166:16,
17 177:19 event
187:25 18 208:3
190:23
eventually 193:17
153:23 20
everybody's
204:8 • 151:8
evidence :23
146:1,15 istence
147:25 14 168:14
5 175: existing 192:
18 168:8
expanded
( Ll
182:25
expansive ination
194:1 145:17 146:9
149:6 187:16, expectation
17 168:10
examined expedited
174:25 176:5 192:9
186:10 experienced
excluded 206:19
203:21 expert
exclusively 208:14
201:22 expressly
157:7 excuse
150:19 168:11 extend
183:15 209:7
extension
168:7
extensive
159:24 163:8
extensively
149:12 184:19
186:13
F
fa t
175:1 181:9
184:14 185:10
186:14 191:12
192:14 195:7
199:10
facts
168:9,15
170:6,18
factual
195:17
fair
194:25
faith
167:1,2,4,6,
9,10 168:7,
13,25 169:15,
20,21
fall
194:8
familiar
160:16 172:16
183:24
famous
155:2
favorable
148:14
fax
199:17
www.phippsreporting.com
([Phone Redacted]
EFTA02734916
Judge Luis Delgado
September 08, 2022 10
federal
194:6 195:6
196:2
fees
160:9 165:18,
25 169:1
176:14 180:2
197:22 198:23
199:2,14,18
208:8,16
felt
157:1,5
194:24
file
164:24 184:2,
6 192:3
filed
165:22,25
176:21 177:9,
24 179:23
180:1 182:25
183:23 185:14
186:4 189:15
198:21,23
199:8,18,19
202:8 204:5
files
192:4
filing
154 5
12: :3:6
03:12
f al
1 6:23 157:1,
10 159:1,4
181:24 185:2
186:25 187:1
193:14 194:13
200:22 206:6
finally
200:21
fine
147:2,10
154:8 194:12
finish
156:11 193:23 furtherance
194:14 152:23 156:17
201:12,22
fourth
152:13 184:10
202:15 204:5
firewall
204:23
firm
145:13 161:16
164:14
fits
179:12
flip
159:3 165:1,
14 170:22
Florida
145:9 1
21 15
15
;5,7
5:5 188:8,
,24 189:6
190:7 191:5
192:1 195:8
198:15 201:8,
20
follow
164:21 182:22
formulating
206:6
found
150:2 165:4
foundation
147:1
front
151:7 157:11
188:2
furthering
158:2,4
159:21 19
9
:22 176:3,
gave
153:17 154:10
178:24 179:2
194:23
General
182:15 183:5,
8 185:5
gentleman
158:17 163:2
Gerard
145:6 189:18
give
146:1 174:6
177:2,3
180:19
205:17,19
206:4,24
207:1,11,13,
17,23,24
208:1,18
209:9
giving
181:8
goal
186:7,9,25
187:1
God
196:25
god
45:5,12
:11,12
148:7 167:1,
2,4,6,9,10
168:6,13,25
169:15,20,21
187:19
government
196:3
grand
150:20
154:12,16,19
155:20 158:6
159:9,12,20
161:9,20
162:6,17
172:2,13,14
175:24
182:14,17
183:19
184:16,22
187:1 188:9
189:8,12
190:8,12,13,
16,18 191:1,
7,11,13
192:5,20
193:11 194:21
195:1,10,15,
21 196:2
197:17
198:16,17,19
www.phippsreporting.com
([Phone Redacted]
EFTA02734917
Judge Luis Delgado
September 08, 2022 11
199:25 200:1
201:9 202:2,
14 207:5
208:25 209:3
grant
186:23 189:6
192:9
granted
190:17
great
160:17 186:25
206:25 209:19
Greenberg
145:8 169:3
group
163:14
guess
181:18 204:1
guidance
207:2
guilty
194:6
guys
208:2
H
:21,c
Hafele
15
15
4
5 193:15
Ha le's
186:15
half
186:21
hand
167:23 174:21
handed
175:7
happen
196:22
happened
148:11 174:8
180:7
happening
179:18
happy
150:4 184:18
188:5 206:4
harbor
165:22 199:21
hard
199:18
hear
195:1 207:3
200:19 'SS., heard
hearicifi llir
44; 1/41
1 : 4:20 hundreds
.1 ,19 149:8
(Cl w, ,6,11,
1 ,15 209:12,
20
held
148:24
honestly
173:20
Honor
145:5,12,18
146:25 147:21
149:1 150:9
158:19,25
159:1 160:4
163:4 188:16
203:7,15,23,
25 204:4,19
205:1,14
206:8 20
15,21
10 209
Hey
173:12
highlighted
160:24
hold
147:19 203:12
Holdings
145:9
honest
173:10
6
r's
186:21
hours
149:8
I
identification
186:11
identified
182:10
identify
175:3
illegal
146:24
Imagine
196:23
implied
155:2,7
important
197:3
impossibility
164:2,6
impossible
170:13
in-camera
A3/413,-
92:24 153:9
:23 192:7,
inaccurate
175:6 178:9
incarceration
194:7
inclined
186:15,23
included
198:17
indicted
186:12
individual
190:20
inform
196:21
informing
175:25
inherent
157:2,5
175:22 192:2
194:20,21
195:4,5
201:14,19
initial
184:18 198:12
initially
153:21 168:6
169:19
www.phippsreporting.com
([Phone Redacted]
EFTA02734918
Judge Luis Delgado
September 08, 2022 12
inquiry
158:24
inspection
152:24 153:9
191:23 192:7,
13
instance
205:6
instances
159:8
interaction
156:4
interactions
196:8
interest
182:9 194:7
interpret
181:19
interpreted
158:5
interruption
156:12
investigation
190:13 192:7
investigations
189:8
involved
189:9
invo
vo ing
1$1:21 187:11
issue
184:10,25
185:22 186:1,
24 194:18
205:3 208:25
issues
182:9
italics
159:19
J
J17
176:13
145:13
Jane
196:23
Jeffrey
190:18 192:6
202:2
Jennifer
145:7
Joe
196:23
joint
165
e
149:15
156:22,25
157:1,3,4,8
163:25 164:5
186:13,15,24
192:15,18,19,
25 193:4,6,15
209:7
judge's
164:22
judgment
156:23 157:1,
10 159:1,4
161:25 181:24
183:1,2,14,18
185:2,19
192:14 193:14
194:14 198:20
200:22 201:6
202:20 206:6
judicial
182:16 183:5,
8,24 185:6
188:7 190:9,
16 191:8
July
166:1,3
176:18(198:24
199:12,
:11
67:16
179:10
200:17
163:10
166:7
178:23
197:10
juries
154:16 190:8
191:7
jurisdiction
190:7
jurisdictional
181:11
jurist
193:7
jury
150:20
154:12,19
155:20 158:6
159:9,12,20
161:9,20
162:6,17
172:2,14
175:24
182:14,17
183:19
184:16,22
187:1 188:9
189:8,12
190:12,13,16,
18 191:1,11,
13 192:6,20
193:11 194:21
95:1,10,15,
1 196:2
:17
198:16,17,19
199:25 200:1
201:9 202:2,
14 207:5
208:25 209:3
justice
152:23 156:17
158:2,4
159:21 194:2,
9 195:25
201:12,22
Justice's
195:25
knew
186:3,4
knowledge
164:11
Krischer
190:21 195:11
196:7
Krischer's
196:9
Lago
207:4
L
www.phippsreporting.com
([Phone Redacted]
EFTA02734919
Judge Luis Delgado
September 08, 2022 13
laid
195:16
language
154:25
155:14,24
156:17 179:13
189:14 201:11
Lauren
145:6
law
145:13 168:8
169:13 170:18
172:3 183:17
190:22,24
198:16 209:7
laws
155:8
lawsuit
149:9 154:1
174:14,20
180:15,21
181:3,6,13
183:23 185:14
186:4 187:14
196:24
lawyer
169:14
lay
a
5es ,
206:1
lead
1 :16 151:10
legal
155:19 156:4
169:9 192:10
195:17 204:24
legally
208:15
legislative
209:8
letter
146:17 165:7,
15 166:16,17
167:12,16,21
170:3,4,14,
16,23 171:4,
8,12,15
178:23
180:17,23
181:5 197:15,
23 198:9
200:17
limited
152:20,21
limits
159:7
list
205:2
listed
203:
4:23
longer
181:16 184:23
185:25 200:20
202:13
looked
191:5
loop
190:3
losing
168:12,24
lot
178:4 206:1,
17
Madam
145:20
made
156:5,13
161:16,22,24
164:18,19,20
170:8,13
176:18 180:2
184:9 185:1
12,15,17,
192:8,
mail
5 182:17
ority
208:8
make
148:15,17,18
154:10,11
164:21 169:15
173:22
makes
157:16 171:4
193:25
making
170:10 171:3
178:8 181:15
manner
179:20
Mark
145:6
Marx
192:18,19
193:6
Marx's
149:15 164:1,
5 192:25
193:4
186:19
material
168:9,15
170:6
terials
:24 151:1,
16,24 152:17,
19 153:16
156:14 158:6,
10 159:9,20
161:20 162:7,
17 172:2,23,
25 173:1,5,6
175:25 182:8,
12,22 183:19
184:16,22,23
186:16 187:2
193:12 194:8
195:19 196:2,
11,13 197:1,
18 198:21
200:1 201:10
202:2,14,18
math
166:9
matter
147:13 183:17
matters
194:3,7
media
196:18,19
memo
208:7
Mendelsohn
145:11 146:6,
www.phippsreporting.com
([Phone Redacted]
EFTA02734920
Judge Luis Delgado
September 08, 2022 14
11 154:21
158:12,14
159:3 160:6
161:11 162:10
163:8 169:5,
25 173:21
174:16 179:22
181:19 185:1
187:19 197:7
203:10 204:23
205:4
mention
199:11
mentioned
153:8 200:21
middle
166:23
Nike
147:6,16
204:10
mind
189:19
minute
208:1
minutes
175:23
204:13
mixin
18
68.
192:4
ion
moment
204:10,12
monetary
168:4
motion
149:16 156:5,
13 161:24,25
163:10,13
164:10,24
165:18,19,20,
21,25 176:14
177:8,11
180:2,25
181:8,9
183:7,14,15
184:2,6,9
185:7,19
192:14,23
197:8,9,15,
16,22 198:20,
23,25 199:2,
4,7,10,14,18
202:19 205:11
move
149:5 153:13
154:21 169
197:4
moved
180,4R49 3 :1
C N
named
189:3,11,22
190:10,11
198:18 201:1
209:2
names
188:19
naming
198:11
narrow
193:5 201:23
needed
153:15,17
154:4,5,9
168:16 194:14
200:7,12,20
205:18
negotiations
146:16,22
147:19,20,24
148:22
203:13,20
neutral
153:20
neutral
15 4
04:24
newspaper
148:21 157:16
158:9 173:13
182:25 186:16
193:25
newspapers
183:14
non-movant
204:7
non -objection
200:10 202:1
Nonetheless
182:12
nonpossession
164:12
notes
160:19 161:1,
4 172:9
notice
177:20 196:3
199:11,13
Notwithstanding
168:3
November
189:15 199:8,
19
number
50:3 154:18
65:2 171:5
:10 177:19
178:8 179:17
193:20 201:5,
18
O
object
153:16,17,22
154:4,5,9
202:11 203:18
205:1
objected
153:20 164:14
objection
146:25 147:21
148:7 149:1
169:8 200:10,
11 205:10
objections
164:18,19,22
objects
202:13 208:8
obligation
209:8
obligations
175:20
obtaining
183:3 185:4
186:7 195:19
www.phippsreporting.com
([Phone Redacted]
EFTA02734921
Judge Luis Delgado
September 08, 2022 15
obvious
191:8
occur
163:17
occurred
185:20
occurs
159:15
October
153:23
177:21,24
179:8,9
200:15 202:6
offense
169:24
offer
148:6
offered
147:19 148:23
office
149:24 150:15
153:21 154:10
161:17 163:16
170:11 174:6
188:11,25
196:1,4,9
197:18
officia
150-
18
1 :18 209:2
one -page
197:9
open
159:14
opened
147:23
opening
164:2
opportunity
153:18 194:24
195:2 200:9,
19
opposes
184:23
opposing
198:21
opposition
185:19 199:25
202:17
option
154:10
oral
186:13
order
149:15 16
172:14
22,23
19
0
6 202:3,
orders
207:25 209:10
original
189:25 190:4
199:2,14
originally
200:10
p
p.m.
145:2 204:14,
15 209:20
Palm
145:9 152:16
162:19
175:18,22,24
176:3 188:8,
23 191:25
192:5,8 196:1
paper
148:13,18
175:7 177:11
186:17
paragraph
150:3,6
152:10
154:13,
160:18
t:"162:13
6 :5,11,12,
,24 169:18
171:11,15,22
182:19 188:1,
3,18,19,21
189:4,5,25
190:1,4
191:2,16
193:23 195:21
paragraphs
189:2
paralegal
145:7
parentheses
158:2
part
146:14,15
147:15 148:4,
5,22 150:10
163:14 181:16
186:1 187:7,
10 194:2
participate
194:24
parties
155:18 175:20
204:2 209:5
party
177:8 180:15
185:10,25
07:7 209:2
Is
168:12,24
past
165:15
pendency
146:22
pending
147:19
151:18,21
158:6 184:6,8
187:7,10
201:23 203:14
penultimate
171:20,21
people
186:11
206:17,18,20
performance
164:3
period
179:25
personal
164:10
persons
155:21
phone
147:13,17
phrase
158:4 194:10
www.phippsreporting.com
([Phone Redacted]
EFTA02734922
Judge Luis Delgado
September 08, 2022 16
physical
172:2
pin
178:17
plaintiff
145:10 177:20
planning
206:10
plea
194:6
point
171:14 200:6,
14 204:2
portions
146:16 194:13
position
153:20,22,23
154:2 178:25
179:4,6
180:11,14,16,
21 181:1,3,4
182:4,7,13
184:11,14,21
197:24 199:24
200:2 202:17,
19
possession
149:19
150:1
16
Are.4.2 188:12,
189:23
190:11 192:20
194:19 197:17
198:7,9,13
possibly
186:19
:6,
Post
1
145:10
151:20,21
152:17,22,25
156:6 162:19
175:18,22
176:3 187:6,
11 191:25
192:8 196:17,
25 199:22
200:3,6,14,16
201:8
potential
163:15 175:4
194:5
power
191:11
powers
154:19
practice
154:23 1
183:5,
preen
5.22
pare
206:22 207:9
prepared
206:8
prescribed
159:16
presence
145:4
present
159:16 184:11
previously
146:24
primary
190:14
prior
149:15 150:17
152:25 153:9
195:17 199:19
private
193:9,10
198:1
problem
181:7
procedur
13
•
ceeding
159:14 167:7
182:24 184:8
190:18 198:16
proceedings
145:2 150:20
188:10 189:12
207:6
process
190:16 194:21
195:15
produce
182:11
prohibit
172:21
prohibiting
174:5
prohibits
presented 172:3
168:6 169:19
175:24 177:10
192:5
proper
153:25 183:3,
18 185:3
192:11
proposed
165:21 207:25
209:10
prosecuted
146:24
p osecution
55:22
pr ec t
198:19
protection
198:17
protector
190:25
provide
160:2,7
170:13 172:4
181:12 184:18
197:25 205:22
provided
152:2
provision
160:16 167:11
201:6
provisions
161:6 172:11
public
175:1 176:1
186:8,16,17
187:2 192:9
194:7 195:1
196:4,13,16,
17,18,20,21,
23 198:22
publisher
145:9
pull
www.phippsreporting.com
([Phone Redacted]
EFTA02734923
Judge Luis Delgado
September 08, 2022 17
189:17 quotes
158:2
quoted
150:18 154:14
166:11,23
170:23
purpose
155:23 158:11
175:25
purposes
181:11
pursuant
155:16 161:10
172:15 175:21
188:8,10
192:1
put
149:12 162:1
179:20 203:11
putting
147:24
Q
question
151:3,13
164:9 173:8,
15,16,24
178:5,6,10
179:18,20
180:20 183:21
186:6 197:2
questions
181:20 87:13
197jL 2 21 reading
150:1 157:22
R
raise
185:23,24
raised
205:4
rate
208:13,15
rates
208:12
re-evaluated
200:3
gu t
read
155:15 157:24
158:21 159:5
160:20 161:
162:14,1
163:22
167: 168
168:
9 7:6
9 185:3
7:21 188:3,
21 191:18,24
193:1,19,23
201:21 207:5
158:4 158:1 172:6
59:21,22 182:5 201:21,
16:12 167:2 23
183:7 194:2,9 real
182:9
reason
151:24 166:10
170:24 190:14
195:17 198:11
reasonable
168:10
reasoned
193:7
reasons
171:13 200:17
reassess
184:15 direct
rebuttal 57:20 172:8
203:6,8
204:20 205: eferenced
recall 198:8
147:12 156: i referring
161:12 164:17 166:14
167:13,17
179:6 181:9
192:21
recoverable
208:17
redact
175:3
redacting
186:18
:22
ess
209:16
recognize
165:6,17
171:8
refers
172:18
rejected
171:9
relationship
159:21
recollection release
205:6 152:25 153:9
reconsider 159:19 183:19
204:20 205:13 184:21,23
record 186:15 198:21
164:1,20 199:25
204:14 202:14,18
records released
160:19 161:4 161:8 172:13
164:3 170:12 releasing
172:10 202:1
173:12,13 relevant
174:1,11,18, 205:11
21,24 182:18 relief
183:4 184:4 161:18 170:5,
185:5 186:7 17 177:15
187:10 190:12
www.phippsreporting.com
([Phone Redacted]
EFTA02734924
Judge Luis Delgado
September 08, 2022 18
192:10 200:22
remain
200:3
remember
147:9 169:13
removed
186:11
repeat
149:22
reply
184:19 204:5
report
195:25
reported
196:2
reporter
146:23
representations
168:14
request
153:16,19
161:8 172:13
174:17 187:9
192:13
requested
151:1,16,24
161:19 2:6
164:3
19
4
redneste
175:19 192:1
required
182:17
requires
159:17 183:6
185:6
research
149:8,11
155:11,25
159:24
resolution
194:5
resources
196:21
respect
181:14 193:6
respectfully
175:19 191:25
responded
146:8
rested
204:2,9
rests
204:7
reveres
1 ?<: I>'
result
171.4 175:2
6:19
rights
175:19
role
182:21,24
rule
158:20 182:15
183:2,5,8,15,
24 184:3,5,
12,20 185:5,
11,13,18
186:4 193:4
ruled
193:5
145:13
Rules
182:15 183:24
S
safe
165:22 199:21
safe -harbor
179:25 180:5
181:8,12
sanction
162:18
sanction
clikr,
168:4 77:
197- ,1
:23
holz
scope
152:19 159:8
scratch
149:16
screen
188:15
seasoned
193:6
seated
145:3 204:16
208:18
secrecy
154:12 182:14
195:1 198:18,
19
secret
196:2
section
152:22 155:8
158:3 159:8,
12,16,18
161:6,7
168:11 170:23
172:11,12,15,
18 175:21
177:9 188:9,
10 190:6
92:2,15
94:2
sethsrities
155:8
seek
151:23 184:15
193:11 197:1
201:9
seeking
150:24
151:16,20
152:17,24
153:7,8,10
158:5,10
162:18 169:1
177:8 183:7
185:7
seeks
152:18
sense
159:22 194:10
sentence
150:17 152:13
158:21 159:5
160:18,25
162:15 171:25
182:3 183:12
187:21
served
177:9,16
178:3,11,13,
19 180:22
www.phippsreporting.com
([Phone Redacted]
EFTA02734925
Judge Luis Delgado
September 08, 2022 19
181:5,8,10
197:9
service
177:11
set
183:4 185:5
189:10 197:22
199:1,6,14
200:16
settle
148:14
settlement
146:16,19,22
147:18,20,22, solely
24 148:13,22
203:13,16,20
204:21
160:2,22
162:12 165:5,
16 170:10
171:14 172:7
173:20 174:6
202:23,25
208:23
situation
159:20 189:9
skipping
169:5
sex
192:6
shared
196:1
Sharon
188:22
show
150:4 160:23
167:14
sic
78:10
siwultaneously
16:17
sir
145:19,22
149:14 150:10
151:8,14
152:8 154:7
157:18,20
social
194:10
190:11
solemnly
145:25
sought
151:1
sound
166:3
ape
apes
147:12
specifically
155:4
specifics
170:20
spoke
147:15,18
spoken
147:8
stamp
150:2,8 151:6
152:2 165:4,
15 166:20
175:10 176:17
182:1
stamped
162:10
stamps
151:7
standing
201:9
start
146:13 171:21
starts
152:13 160
161:1 1(6:
state
:0)
171:15 23
AS/S ,20
5 :21
4:10,16,18
157:7 161:7
162:18 163:16
164:11 170:9
172:1,3,5,12,
19,21 177:21
185:9,10,16,
20 188:7
189:3,7,11
190:7,10,15,
21,25 191:7,
10,14 192:3,
21 194:5,18,
23,25 195:2,
7,9,18 196:8
197:18 198:7,
8,11 199:1,
23,24 200:2,
7,15,18,25
201:25 202:4
207:6 209:4
stated
149:7 154:13
155:12 173:25
175:1 200:13
201:25
statement
164:2,13
172:9 202:9
statements
164:1,6,8,15,
9,20 203:9
states
155:3 195:22
statute
150:18 154:15
157:2,6
167:3,14
168:20 169:7
172:22 174:5
175:21 177:3
179:2,15
181:19 188:9,
10 189:6
191:5,10,13
192:1 193:11
194:22 195:6,
13 197:25
198:2 201:10,
11,21,24
203:21
statute's
166:23
Statutes
190:7
statutory
154:24 179:12
STENOGRAPHER
158:15
step
154:7
Stephen
www.phippsreporting.com
([Phone Redacted]
EFTA02734926
Judge Luis Delgado
September 08, 2022 20
145:10 146:6
stipulated
208:4,7
Stop
173:23
strong
157:16 193:25
subdivision
161:6
subject
149:20,25
150:17 188:13
189:1 193:13
submitted
208:7,22
subpoenaed
207:7 209:4
subsection
155:17 157:22
158:1 159:7
166:13 167:4,
8,9,14,20
168:20 177:4
179:15
subsections
168:3
substance
146:241
:10
successful
156:19
successor
190:21
sue
190:19
sued
153:15 184:4
188:11,24
sufficient
207:14,16
suggest
175:6
suggested
148:12,15
suggesting
156:24 165:21
195:12
suing
169:14
summary
161:25 183:2,
14 185:19
192:14 198:2
202:19
superior
195:5 201
sup ficilede
ise
9:7
supervision
198:16
supplement
205:18,19
supplemental
160:8 206:10
support
153:19
ti
supported
170:5
supposed
184:3
Supreme
155:3 184:15
195:8 201:20
surrounding
194:4
sustained
148:8 149:3
swear
145:20,25
sworn
145:23 146:
system
191:1
C
:13,15
160:3,4
162:10 171:5
175:10,12
176:13 177:19
181:24
talk
208:14
talked
146:18 167:18
talking
148:1 173:23
tandem
158:3
tangent
197:2
team
195:19 204:24
telling
156:22
terrific
207:12
testified
146:8 153:15,
22
testifying
158:22
testimony
155:20 159:9,
13 175:23
76:4,7 192:4
:22
things
153:18 178:4
179:17,19
180:9 206:20
Thomson
145:7
thought
163:15,16
tied
201:22
time
147:18 149:12
163:3,24
184:11 185:9,
17 187:7
196:8,21
199:19 202:8
205:16,19
206:22 207:9,
20 208:9
times
146:19
161:16,23
today
198:3 205:21
told
166:3
top
159:5 182:2
www.phippsreporting.com
([Phone Redacted]
EFTA02734927
Judge Luis Delgado
September 08, 2022 21
transcript
163:22
192:18,19
207:18
transcriptions
160:19 161:5
172:10
Traurig
145:8
Travel
208:9
treat
183:13
trial
158:18 206:19
true
146:14,18,21
147:5,17
149:7,17,22
150:22 153:14
161:15 162:4
170:4 186:7
truth
146:2,3
turning
189:21 193:14
twofold
173:15?‹;; .,
1,5:25 196:8
201:7
Uh-huh
152:6 176:15
ultimately
195:15
unambiguous
154:24 V
uncertain verbatim
184:14 162:21
unclear versus
201:17 173:12 180:5
underlying victim
187:5 195:20
undermined view
195:20 184:8
understand
181:19
views
173:3,9,19
197:19
understanding
154:24
understands
170:1
United
155:3
unlimit
151:
1
tionably
4:3
unquote
194:3
unsigned
165:21
unsupported
170:17
untrue
148:9
utilize
193:11
via -A-v
200:10
ced
200:10
W
wanted
148:22 154:6,
12 157:4
175:7 178:17
191:19 192:22
194:14 204:4
Weatherby
208:22,23
week
206:24
207:11,13,14,
15
weeks
207:23,24
whatsoever
155:23
wherefore
175:11,18
191:17,19,20,
24
Whetstone
145:5,6,18
146:25 147:21
149:1 169:8
187:18
48: :15,17
89:18,20
1 7:6 202:21,
24 203:1,7,
15,23 204:3,7
205:1,10
206:8,12
207:5,14,15,
21 208:6,10,
20,24 209:13,
18
whichever
206:6
withdraw
177:15
179:14,16
186:2
withdrawn
177:13
witnesses
175:4
words
186:15
worth
186:21
wraps
167:7
write
148:13 206:9
writing
205:19
www.phippsreporting.com
([Phone Redacted]
EFTA02734928
Judge Luis Delgado
September 08, 2022 22
206:17,21
written
147:7 154:25
205:23 206:5,
14,23 207:25
wrong
169:17 170:20
Wyler
145:12,13,14,
19 146:10,12
147:2,4,23
148:3,10
149:4 150:9,
12 158:25
159:2 160:3,
5,12,14
163:4,7
169:10,16
181:14
187:12,21
191:18 192:17
193:1,19
197:14 198:6
203:3,6,9,22,
25 204:19
205:7,14,22,
25 206:24
207:11,19
208 :2!eS
209:1 ,
ye@terday
264:22
zealously
182:12
Go
www.phippsreporting.com
([Phone Redacted]
EFTA02734929