Reminder: This hearing is scheduled to begin in roughly 10 minutes.
Covering this case for @CourthouseNews.
Covering this case for @CourthouseNews.
We have begun.
Judge Preska, presiding over both cases, announces the subject of the hearing is Alan Dershowitz's motion to modify the protective order to obtain information that he believes will be helpful to his defense.
Judge Preska, presiding over both cases, announces the subject of the hearing is Alan Dershowitz's motion to modify the protective order to obtain information that he believes will be helpful to his defense.
Ghislaine Maxwell's attorney Laura Menninger opposes that, arguing that her client relied upon promises made in the protective order before providing evidence in the underlying case.
Judge Preska asks: "How are we to protect the interests of the non-parties or third-parties who either produced the materials or who were mentioned in the materials?"
Dershowitz's attorney Howard Cooper: "The short answer is Professor Dershowitz has agreed unequivocally to sign on to the protective order in that case."
"The material will be used solely for the purposes of the case," he adds later.
"The material will be used solely for the purposes of the case," he adds later.
Cooper says the protective order was "improvidently granted" for shield public documents.
Judge Preska pushes back on that: "I don't think that's improvidently granted."
Some of those documents were not public at the time, she said.
Judge Preska pushes back on that: "I don't think that's improvidently granted."
Some of those documents were not public at the time, she said.
Cooper, for Dershowitz:
"I believe there is a compelling need here," he says, citing the need for the professor to defend himself "while facing an adversary who has in her custody, possession or control, all of the materials he seeks."
"I believe there is a compelling need here," he says, citing the need for the professor to defend himself "while facing an adversary who has in her custody, possession or control, all of the materials he seeks."
Cooper, for Dershowitz, says his team is using summary judgment in the underlying case, a public record, to gather a list of 14 people who were deposed in the Maxwell case.
By interviewing them, Cooper said, they might have relevant info.
By interviewing them, Cooper said, they might have relevant info.
Nicholas Lewin, a former counterterrorism prosecutor in SDNY, now represents an anonymous John Doe named in the files.
"We think your honor should deny Mr. Dershowitz's motion now," he says, arguing against modifying the protective order.
"We think your honor should deny Mr. Dershowitz's motion now," he says, arguing against modifying the protective order.
Lewin, for the unknown Doe, says the open-records battle should sort out what becomes public, not Dershowitz's motion to modify the protective order.
Judge Preska asks Lewin to respond to Dershowitz's argument that he should have his accuser Virginia Giuffre's deposition transcript to defend himself in the lawsuit.
Lewin says he has not seen the deposition and so does not know.
Lewin says he has not seen the deposition and so does not know.
The judge adds, why not order production all of the documents relevant to Dershowitz.
Dershowitz's attorney Cooper: "Her central assertion is that Dershowitz conspired with Maxwell and Epstein to conceal their sex-trafficking operation."
Dershowitz's attorney Cooper: "Her central assertion is that Dershowitz conspired with Maxwell and Epstein to conceal their sex-trafficking operation."
Dershowitz's attorney Cooper says he is pursuing the files because he believes that the information exonerates him, along with the allegation that she was forced to have sex with him.
More on the case from last April: courthousenews.com/new-epstein-ac…
More on the case from last April: courthousenews.com/new-epstein-ac…
Lewin, for the John Doe:
"Your honor should deny this motion. Deny it now."
Then decide each document in the open-records case on a case-by-case basis, Lewin adds.
"Your honor should deny this motion. Deny it now."
Then decide each document in the open-records case on a case-by-case basis, Lewin adds.
The hearing ends.
Judge Preska reserves decision on the matter.
Judge Preska reserves decision on the matter.
Since this hearing was dedicated to Dershowitz's discovery request, it involved issues that affected the separate open records case.
But they were handled in tandem.
No ruling for now.
But they were handled in tandem.
No ruling for now.
