communications were not considered to be oo:2008 41

00:16:33 00:16:34 00:16:37 00:16:39 60:16:41 00:16:42 00:16:45 00:16:47 00:16:47 On anh WH = 9 ootess 10 ooteaa 11 oo1ess 12 cotess 13 ootess 14 00:17:00 15 0017.00 16 oo1701 17 00:17:05 18 00:17:08 19 oo170s 20 oot 24 oo1717 22 00:17:12 23 oo171s 24 cos 25 00:17:23 00:17:26 00:17:34 00:17:40 00:17:42 00:17:43 00:47:44 00:17:47 00:17:54 On Oak WH = 9 oo.17:56 10 00:17:58 1 1 00:18:06 1 2 00:18:01 1 3 00:18:02 1 4 00:18:04 1 5 00:18:06 1 6 00:18:06 1 7 00:18:06 1 8 00:18:06 1 9 00:18:14 20 00:18:14 21 00:18:17 22 00:19:54 23 00:19:54 24 00:20:06 25 172 communications were not considered to be oo:2008 41 privileged at the time that they were made, we coz 2 can answer questions about that. If they were oo2018 3 considered to be privileged at the time they were oo2021 4 made, we can't answer questions. oo2027 5 So I can't tell you that there's a blanket oo:2033 § assertion. We need to hear the question. 2037 7 THE WITNESS: I need the question back. oo2040 8 MR. SIMPSON: All right. o2040 9 BY MR. SIMPSON: oo204s 10 Q. What did you discuss with Mr. Boies about the oo204e 11 allegations against Professor Dershowitz? 0020-47 12 MR. SCAROLA: And that is common-interest 00:20:48 13 privilege information and we do assert a oo2zoso 14 privilege. oo2053 15 BY MR. SIMPSON: oo20:53 16 Q. Did you discuss with Mr. Boies any oo20:s4 17 discussions he had had with Professor Dershowitz? 002058 18 MS. McCAWLEY: Objection. oo2088 19 MR. SCAROLA: Same objection. Same oozoss 20 instruction. o02050 241 BY MR. SIMPSON: oo2100 22 Q. Did you discuss with Mr. Boies any documents oo2108 23 that Mr. Boies had reviewed? oo2r09 24 MR. SCAROLA: Well, let me -- again, I don't ooztz 25 ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 173 want to be asserting a privilege to questions as oo213 1 to which the answer is no, so you can answer coz 2 generally as to whether the subject matter was ozs 3 covered in any discussion that you had with oo2t20 4 Mr. Boies. oo2r22 5 THE WITNESS: Okay. oo2r23 | § MR. SCAROLA: Okay. If the answer is no. If coz «7 the answer -- as I sink down in this chair, if oz § the answer may be yes, you can't respond. oo212s 9 MR. SIMPSON: I -- I -- that's a new version. oo2135 10 MS. McCAWLEY: I'm afraid -- yeah, I want oozes 11 to -- I'm sorry. I want to confer on that cores 12 because I have an objection. coarse 13 THE WITNESS: I have to say I want to confer, ozs 14 I'm confused, too, so let's take a short break. coarse 15 MR. SIMPSON: Again, you're conferring on the | oo2:ar 16 privilege now, not the substance? ovata 17 THE WITNESS: That's right. coaras 18 MR. SCAROLA: Can we go off the record? oo2rs: 19 MR. SIMPSON: Yes. ovzrs1 20 THE VIDEOGRAPHER: Going off the video oars: 21 record, 8:48 a.m. oo2s3 22 (Thereupon, a recess was taken.) ooarss 23 THE VIDEOGRAPHER: We are back on the video | co21:55 24 record, 8:52 a.m. oo2ise 25 ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 10/20/2015 01:08:15 PM Page 172 to 175 of 335 174 MR. SCAROLA: Because of concern about a -- an inadvertent potential waiver of the work-product privilege, while it is not our intent to assert a privilege with regard to nonexistent communications, any effort to identify the subject matter of communications in the questions that you asked will require that we assert work-product privilege with regard to those questions. MR. SIMPSON: Okay. We disagree, obviously, on that position. MR. SCAROLA: We understand. MR. SIMPSON: So I will ask some additional questions and we will see if the witness answers them. MR. SCAROLA: If it begins: “Did you talk about," the answer is going to be an assertion of privilege. MR. SIMPSON: Okay. MR. SCAROLA: Okay? MR. SIMPSON: [ll ask the questions. BY MR. SIMPSON: Q. Did you discuss with Mr. Boies any meetings Mr. Boies had had with Professor Dershowitz? MS. McCAWLEY: Objection. ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 175 MR. SCAROLA: Objection. Same instruction. BY MR. SIMPSON: Q. Did you discuss with Mr. Boies his views as to the credibility of Virginia Roberts? MR. SCAROLA: Same objection. MS. McCAWLEY: Objection. MR. SCAROLA: Same instruction. BY MR. SIMPSON: Q. Did you discuss with Mr. Boies any allegations about sexual misconduct by Les Wexner? MR. SCAROLA: Same objection. MS. McCAWLEY: Objection. MR. SCAROLA: Same instruction. MR. SIMPSON: That's the same question you allowed to be answered. Did you -- let me ask it a different way. BY MR. SIMPSON: Q. Did you discuss, in any way, Les Wexner with Mr. Boies? MR. SCAROLA: Same objection. MS. McCAWLEY: Objection. MR. SCAROLA: Same instruction. MR. SIMPSON: He's instructed not to answer whether that topic was discussed? MR. SCAROLA: Yes. ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 6 of 46 sheets HOUSE_OVERSIGHT_010846