Thread by @innercitypress

OK - in Roy Moore v Sasha Baron Cohen case, now another proceeding before @SDNYLIVE Judge Cronan. Inner City Press has covered the case innercitypress.com/sdny3mooreklay… and will live tweet - thread

CBS / Borat lawyer: We are proposing a protective order like one agreed to by @SDNYLIVE Judge Koeltl... It would cover commercially sensitive business info, private information, and information confidential by contract. Here, we want it to cover the entire action

CBS/Borat lawyer: We want it to cover info about the development of the show, and financial info and marketing plans.
Moore's lawyer Klayman: Court proceedings are to be in the public. This is not a Wall Street case - this is non complex

Klayman: Why should internal emails about Judge Moore and his wife be made public. How they viewed him, whether they thought that he was a pedophile or not - this is relevant information

Klayman: Mr Cohen is a rich man, his lawyers cost $3000 an hour, put together. They want to designate anything, then we put our time in, it's a strategic method of keeping my client on defense, even though he's the plaintiff

Klayman: I helped break up AT&T. This is not like that. It's about fraud and intentional infliction of emotional distress. We are not Islamic Republic of Iran, we don't have Star Chambers.
Judge Cronan: We will be entering the order, if any problem I'll revisit

Klayman: I'm here on a contingency fee basis. I'd like attorney's fees and costs if this protective order is abused.
Judge Cronan: You'd be welcome to make an application. Let's turn to the issue of Mr. Cohen's deposition. On Dec 3 I ordered limited discovery

Judge Cronan: The defendants are saying this is satire and political commentary.
CBS/Borat lawyer: Exactly. [And the contractual language]
Judge Cronan: Malice will not be relevant, citing FN 4 of Ms. McNamara's letter - Inner City Press photo below

McNamara: Mr. Cohen is not knowledgeable on corporate structure here... He played no role, other the signing them..
Judge Cronan: So Mr. Klayman, why do you need to depose Mr. Cohen?
Klayman: You said discovery on "1st Amendment" and what we need to oppose motion

Klayman: Mr. Cohen is the the Secretary of Commerce, he's no different than you or me. We have to put him under oath. Your Honor's been a lawyer for a long time, you know how important deposition are. Mr. Cohen knows why he set these structures up

Klayman: They've asked to depose Judge Moore, to find out if he's a pedophile. That's what's at issue here. This case is not like Borat. This is not routine satire, this is about destroying someone's life and reputation. They just don't want Mr. Cohen embarrassed

Klayman: There is an impression you are being overly protective of Mr. Cohen and large corporate entities.

Judge Cronan: Mr. Klayman, that comment is as insulting as it it inaccurate.

[Note: Klayman got into some trouble in SDNY in the past, before Judge Chin, in 1997, as Inner City Press reported here: innercitypress.com/sdny3mooreklay…]
Judge Cronan: They are saying the contract preclude this.

Klayman: There is no reason to preclude the deposition of Sasha Baron Cohen because he is a movie star.
Judge Cohen: It's that others have more direct knowledge. Have you deposed the other two?
Klayman: I'm a lawyer since Pearl Harbor Day. I start at the top

CBS/Cohen lawyer: The other two could provide any information about the corporation.
[Note: she must be pretty happy about the spat between Klayman and Judge Cronan on inappropriate deference to Borat]

Judge Cronan: What if the deposition of Mr. Cohen is allowed, but limited to the questions of his knowledge of the corporate entities? He was the owner, he had some level of knowledge.
[Inner City Press would ask: Who would police this deposition? Film/stream it?]

McNamara: The fact is, those question would only take a few minutes. Why not do the other two people first?
[She cites Judge Preska and 2d Circuit in the "boRAT' decision, mispronouncing it, perhaps on purpose]

McNamara: If he stands by his allegations, we don't need the deposition [of Moore - seems they'll say anything to avoid deposition of Sasha Baron Cohen, or, that's their marching orders. Will Judge Cronan allow limited depo? Did Klayman allegation help?

Klayman: She just said, if we have a deposition it would only be a few minutes. She's under orders to keep him from testifying. He's known to be a fraudster. Ms. McNamara was being disingenuous at best - they were not supposed to get into issues of sexual conduct

Klayman: Judge Carter tried to get us to settle.
[Case was transferred from Judge Carter to Judge Cronan when he joined SDNY bench. Inner City Press is still unclear on which cases get redistributed - @SDNYLIVE #crowdsource?

Klayman: My client was chief justice of the Alabama Supreme Court, that's pretty good. He respects you, but wants you to mete out equal justice. And so do I. She wants, heads I win, tails you lose. We deserve to take the deposition. Then can depose Judge Moore

Klayman: We've lost two weeks already. They want a fourth bite at the apple.
Judge Cronan: Ms. McNamara, why isn't the intent of setting up the corporate entity relevant?
McNamara: We've produced releases. Cheney signed it. Congressmembers signed it.

McNamara: The entity was set up to be non-identifiable, so it couldn't be tracked back to a corporation like Showtime. But he disclaimed reliance on that misrepresentation. He was a judge, he understands agreements, and presumably understood this one. See, Borat

Judge Cronan: Wasn't Judge Carter's point that he had to accept what was alleged in the Complaint as true?
Klayman: He had the corporate documents. He said, we need more discovery. It's in the record.
Judge Cronan: Ms. McNamara, what was your understanding?

McNamara: He was precluded from resolving it on motion to dismiss. I can quote from the Court's order...
Klayman: Judge Carter said discovery was relevant. So we want to depose Cohen

Klayman: If this case is disposed of without this deposition, this case will come back to you...
Judge Cronan: I will permit a limited deposition of Mr Cohen, along terms I'll explain.

Judge Cronan: I will allow a deposition of one hour. Limited to issues limited to the forthcoming motion to dismiss. Questions about the formation of the corporate entity. It sound like Mr. Cohen will have very little info on this, according to Ms. McNamara.

Judge Cronan: I am not comfortable precluding a deposition of Mr. Cohen, given the parameters I have laid out. If it exceeds the scope, I will shut down the deposition.

Klayman: Why are you reversing yourself and precluding Firs Amendment?
Judge Cronan: Mr Klayman, if you continue to cut me off, we will mute you.
Klayman: You will mute me?
...McNamara: I think this is eminently reasonable and fair.

Judge Cronan: Also, no inquiry into whether the entity was set up.
Klayman: But they intend to harass my clients. I would like you to certify this to the 2d Circuit.
Judge Cronan: Certify what? That application is denied.

Jude Cronan: We are adjourned
Inner City Press story soon.

And here's the story, @SubstackInc: matthewrussellleeicp.substack.com/p/borat-will-b…
Suing Sacha Baron Cohen, Now Roy Moore Gets a One-Hour Deposition, But Limited; No Certification to Appeal to 2d Circuit innercitypress.com/sdny4mooreklay… Email spat on sanctions, here: patreon.com/posts/45189121