EFTA01078617.pdf

Filing # 25919763 E-Filed 04/09/2015 05:30:47 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION BRADLEY J. EDWARDS, and CASE NO. CACE 15-000072 PAUL G. CASSELL, Plaintiffs, v. ALAN DERSHOWITZ, Defendant. MOTION TO QUASH OR FOR PROTECTIVE ORDER REGARDING SUBPOENA SERVED ON NON-PARTY LAW FIRM BOIES, SCHILLER & FLEXNER LLP Non-party law firm Boies Schiller & Flexner LLP ("BSF"), by and through undersigned counsel and pursuant to Florida Rules of Civil Procedure I.410(c)(1), hereby moves for an order quashing the subpoena duces tecum served on BSF by Defendant; or alternatively, pursuant to Florida Rules of Civil Procedure 1.280(c) for issuance of a protective order sharply limiting the scope of the subpoena. INTRODUCTION This Court should quash the subpoena issued to non-party law firm BSF as it is unreasonable and oppressive for the following reasons: (1) Defendant seeks entirely privileged documents from a non-party law firm of communications with a non-party client that are not subject to production; (2) Defendant's subpoena is duplicative of the subpoena Defendant served on this non-party law firm's client, Jane Doe No. 3, and is meant only to cause undue burden to this law firm in forcing a response; and (3) Defendant is abusing the subpoena power by serving EFTA01078617 subpoenas in this action that are irrelevant and, instead, intended as backdoor discovery for other actions. Defendant has publicly attacked BSF's client, Jane Doe No. 3, who was a victim of sexual trafficking, for attempting to join in a Crime Victim's Rights Act ("CVRA") case pending in federal court in the Southern District of Florida. Defendant has made very clear that he will attack anyone who dares to defend Jane Doe No. 3. Defendant has gone so far as to pledge he will find a way to send this victim of sexual trafficking to "jail" for attempting to assert her rights. Defendant stated, "The end result of this case should be she (Jane Doe No. 3J should go to jail, the lawyers should be disbarred ...". (emphasis added). See Exhibit 1, CNN International, New Day, January 6, 2015. "My goal is to bring charges against the client and require her to speak in court." (emphasis added). See Exhibit 2, Australian Broadcasting System (ABC), January 6, 2015. Defendant also stated: "[Jane Doe No. 3] was hiding in Colorado...but we found her and she will have to be deposed...The end result is that she'll go to jail because she will repeat her lies and we'll be able to prove it and she will end up in prison for perjury." See Exhibit 3, New York Daily News, April 7, 2015. Defendant also admits publicly that he is seeking the deposition of non-party Jane Doe No. 3 in this case because he hopes to bring a new lawsuit against her: "And we're considering suing herfor defamation...wefound her, we served her and now she'll be subjected to a deposition." (emphasis added). See Exhibit 4, NewsMax, April 8, 2015. These public statements make it clear that Defendant is abusing the subpoena power of this Court to try to get discovery that is irrelevant to this case in the hopes of generating a claim against Jane Doe No. 3. To that end, Defendant has wrongfully served a subpoena on a law firm. 2 EFTA01078618  ARGUMENT 1. This Court Should Quash Defendant's Abusive Subpoena In Its Entirety. Florida Rule of Civil Procedure 1.410(c)(1) provides that the Court may "quash or modify the subpoena if it is unreasonable and oppressive." Id. The Court has discretion to evaluate the circumstances in determining whether the subpoena is "unreasonable and oppressive." Matthews v. Kant, 427 So. 2d 369, 370 (Fla. 2d DCA 1983). "The sufficiency thereof is a factual determination for the trial judge who is vested with broad judicial discretion in the matter, and whose order will not be overturned absent a clear showing of abuse of discretion." Id.; see also Sunrise Shopping Center, Inc. v. Allied Stores Corp., 270 So. 2d 32 (Fla. 4th DCA 1972) (Fourth DCA quashing lengthy subpoena served on non-party who was not in control of documents as being "oppressive and unreasonable."). The documents requested in Defendant's subpoena demonstrate the oppressive and unreasonable nature of the requests. See Exhibit 5, Affidavit of Attorney Sigrid McCawley. a. A Non-Party Law Firm's Communications And Exchanges With Its Non-Party Client Are Not Subject To Production. The communications between BSF and its client were in the course of rendering legal advice and are privileged. Florida courts are unequivocal in stating that an opposing party can never obtain attorney-client privileged materials. See Quarles & Brady LLP v. Birdsall, 802 So. 2d 1205, 1206 (Fla. 2d DCA 2002) (quashing discovery order and noting "undue hardship is not In addition to its power to quash the subpoena, Florida Rule of Civil Procedure 1.280(c) also allows the Court to protect a non-party from discovery that would result in "annoyance, embarrassment, oppression or undue burden or expense..." Allstate Ins. Co. v. Langston, 655 So. 2d 91, 94 (Fla. 2003) (Florida Supreme Court overturning denial of protective order and holding that "[d]iscovery of certain kinds of information `may reasonably cause material injury of an irreparable nature."') (internal quotations omitted). The Court may determine that "the discovery not be had" or that "the discovery may be had only on specified terms and conditions..." Fla. R. Civ. P. 1.280(c). 3 EFTA01078619 an exception (to disclosure of privileged material), nor is disclosure permitted because the opposing party claims that the privileged information is necessary to prove their case" (internal citations omitted). Not surprisingly, Florida law does not allow a party to take a foray into the playbook of its opponent, let alone a non-party, during an ongoing litigation, and courts routinely quash subpoenas seeking the categories of documents at issue here. See Federal Exp. Corp. v. Cantway, 778 So. 2d 1052 (Fla. 4th DCA 2001) (quashing trial court order compelling discovery of documents subject to work product protection.). There is a reason why Florida courts do not condone this type of discovery tactic, as it would eviscerate the ability of a party and her attorneys to prepare their case. See, e.g., Publix Super Markets, Inc. v. Anderson, 92 So. 3d 922 (Fla. 4th DCA 2012) (quashing order compelling discovery of document and materials prepared in anticipation of litigation). In addition to the privilege protection, the law also clearly protects non-parties from having to disclose confidential information. See Westco, Inc. v. Scott Lewis' Gardening & Trimming, Inc., 26 So. 3d 620, 622 (Ha. 4th DCA 2010) (court explaining that "[w]hen confidential information is sought from a non-party, the trial court must determine whether the requesting party establishes a need for the information that outweighs the privacy rights of the non-party."). The communications and exchanges that BSF has with its client, non-party Jane Doe No. 3, are confidential in nature. Defendant's requests attempt to invade the privilege and confidential nature of these communications. For example, Request no. 23 seeks "All documents which are related to when Jane Doe No. 3 allegedly told her attorneys that Alan Dershowitz was among the men she had sexual relations with." Defendant has not established any basis to justify disclosure of privileged and confidential information from this non-party. Moreover, even if BSF had documents which were not privileged, it is not at liberty to 4 EFTA01078620 produce those documents because they are the property of its client, Jane Doe No. 3. See Sunrise Shopping Center, Inc. v. Allied Stores Corp., 270 So. 2d 32 (Fla. 4th DCA 1972) (quashing subpoena served on non-party who was not custodian of the documents sought). For example, Request no. 16 directs BSF to produce non-party Jane Doe No. 3's personal diary. In Davidson v. GEICO, Case No. 8:09-CV-727-T-33MAP, 2010 WL 4342084, at *5 (M.D. Fla. Oct. 26, 2010), GEICO served a subpoena on two non-party law firms, rather than the client/party, in an effort to obtain documents. The District Court quashed the subpoenas for the law firm's records finding among other things that the requests were overly broad and included requests for documents irrelevant to the claims at issue in the underlying action. Id. at *5. The Court held it would not require the law firms to "sift through" their client files especially considering that the party had not established it was unable to obtain similar discovery through other means. Id. Similarly here, this non-party law firm should not be placed under undue burden by having to respond to discovery relating to a non-party client. b. Defendant's Subpoena On BSF Is Duplicative Of Its Subpoena On Non-Party Jane Doe No. 3 And Is Meant Only To Cause Undue Burden. Defendant's subpoena is unreasonable and oppressive in that it contains twenty three (23) separate requests which include sub-parts served on this non-party. Not only is the subpoena lengthy, but it is duplicative of the subpoena this Defendant served on BSF's client, non-party Jane Doe No. 32 See Exhibits 6 and 7, Defendant's Subpoena to BSF and Jane Doe No. 3; and 2 BSF Request no. 1 is duplicative of Jane Doe Request no. 17; BSF Request no. 2 is duplicative of Jane Doe Request no. 18; BSF Request no. 3 is duplicative of Jane Doe Request no. 1; BSF Request no. 4 is duplicative of Jane Doe Request no. 2; BSF Request no. 5 is duplicative of Jane Doe Request no. 3; BSF Request no. 6 is duplicative of Jane Doe Request no. 5; BSF Request no. 7 is duplicative of Jane Doe Request no. 6; BSF Request no. 8 is duplicative of Jane Doe Request no. 7; BSF Request no. 9 is duplicative of Jane Doe Request no. 8; BSF Request no. 10 is duplicative of Jane Doe Request no. 9; BSF Request no. 11 is duplicative of Jane Doe Request no. II; BSF Request no. 12 is duplicative of Jane Doe Request no. 12; BSF Request no. 13 is 5 EFTA01078621 Exhibit 8, Non-Party BSF's Objections to Defendant's Subpoena Duces Tecum respectfully. Moreover, the duplicative subpoena is clearly a fishing expedition into a law firm's files in the hopes of generating a claim against a law firm's non-party client. In Sugarmill Woods Civic Assoc., Inc. v. Southern States Utilities, 687 So. 2d 1346, 1350-51 (Fla. 1st DCA 1997) the First District affirmed the trial court's order quashing a subpoena served on a lawyer and staff, under its discretionary authority, noting the subpoena to counsel was intended as a harassing fishing expedition which should not be condoned by the Court. Like the Susanna! case, Defendant's subpoena on this non-party law firm should be quashed in its entirety as a harassing fishing expedition. c. Defendant Is Abusing The Subpoena's Power By Seeking Information Irrelevant To This Case For Personal Gain. Defendant's subpoena should be quashed because it seeks information that is irrelevant to the underlying action. See Calvo v. Calvo, 489 So. 2d 833, 834 (Fla. 3d DCA 1986) (court quashing subpoena served on wife's bank for financial records finding them irrelevant: "indeed, the husband has failed to demonstrate what possible relevance the records might have in the proceeding below other than to harass the wife."). The face of the requests themselves demonstrate that Defendant is abusing the subpoena power of this Court to seek documents that are not relevant to the Florida Defamation Action, which deals with the discrete issue of whether Defendant made publicly defaming statements about the character of lawyers Paul Cassell, a duplicative of Jane Doe Request no. 13; BSF Request no. 14 is duplicative of Jane Doe Request no. 14; BSF Request No. 15 is duplicative of Jane Doe Request No. 15; BSF Request no. 16 is duplicative of Jane Doe Request no. 16; BSF Request no. 17 is duplicative of Jane Doe Request no. 19; BSF Request no. 18 is duplicative of Jane Doe Request no. 21; BSF Request no. 19 is duplicative of Jane Doe Request no. 22; BSF Request no. 20 is duplicative of Jane Doe Request no. 23; BSF Request no. 21 is duplicative of Jane Doe Request no. 24; and BSF Request no. 22 is duplicative of Jane Doe Request no. 25. The only Request that is not duplicative is Request no. 23. 6 EFTA01078622 retired federal judge and his colleague, Brad Edwards. Instead, Defendant's subpoena cites repeatedly to allegations in the CVRA case pending in the Southern District of Florida. In Toledo v. Publix Super Markets, Inc., 30 So. 3d 712 (Fla. 4th DCA 2010), the Fourth District Court of Appeal quashed the trial court's discovery order where party sought a law firm client file relating to a different matter. The court explained the discovery related to a different case and that a party's "curiosity" about a law firm's records does not satisfy the relevance requirement. Id. at 714. In quashing the order, the Fourth District Court of Appeal found that the content of the "subpoena is a classic 'fishing expedition' and the trial court's order departs from the essential requirements of the law." Id. Like the Toledo case, here, Defendant has wrongfully served a subpoena on a law firm seeking information that is not relevant to the underlying action. For example, Request nos. 2, 3, 5, 6, 7, 10, 14, 17, 19, and 20 specifically reference either the federal action by name, or Jeffrey Epstein, the subject of the federal action. Defendant also abuses the Court's subpoena power by seeking documents wholly unrelated to the Florida Defamation Action in an effort to drum up a claim against non-party Jane Doe No. 3 for Defendant's publicly-stated purpose of finding a way to send her to "jail." See Allstate Ins. Co. v. Langston, 655 So. 2d 91, 94 (Fla. 2003) (Florida Supreme Court holding that "we do not believe a litigant is entitled carte blanch to irrelevant discovery" and "lilt is axiomatic that information sought in discovery must relate to the issues involved in the litigation, as framed in the pleadings.") (internal citations omitted). Defendant's wrongful motive of developing claims against Jane Doe No. 3 is clear from the face of the Requests. In addition, the Requests are objectionable because they seek highly personal and confidential information. See Westco, Inc. v. Scott Lewis' Gardening & Trimming, Inc., 26 So. 3d 620, 622 (Fla. 4th DCA 2010) (court explaining that "[w]hen confidential information is sought from a non-party, the 7 EFTA01078623 trial court must determine whether the requesting party establishes a need for the information that outweighs the privacy rights of the non-party.") . Defendant's subpoena requests include, for example, asking this non-party law firm to produce highly personal and sensitive information from a victim of sexual trafficking, including requesting her personal diary during the time when she was being sexually abused as a minor child and writings related to her experience. See Exhibit 6, Request nos. 1, 8, 9, 10, 11, 13, 16, 19 and 20. Defendant also demands that this law firm produce photographs and videos of Jane Doe No. 3, as a minor child, while she was being sexually trafficked by convicted sex offender, Jeffrey Epstein. See Exhibit 6, Request nos. 4, 5, 11 and 13. Defendant also demands that the law firm produce information relating to its client's personal financial information. See Exhibit 6, Request nos. 2 and 18; see also Woodward v. Berkery, 714 So. 2d 1027, 1035-38 (Fla. 4th DCA 1998) (quashing lower court's discovery order and finding irreparable harm to husband in disclosure of private financial information when wife's clear purpose was to wrongfully disclose the financial information to the press). It is without question that Defendant is abusing the subpoena power in this case to conduct a fishing expedition in an effort to intimidate and harass this victim. Defendant has established no need for these highly irrelevant and confidential personal documents and any alleged need would be outweighed by the non-party's privacy rights in this instance. Accordingly, Defendant's subpoena to BSF should be quashed. CONCLUSION WHEREFORE, non-party law firm, Boies, Schiller and Flexner LLP, respectfully requests that this Court grant its Motion to Quash the subpoena served on the law firm which is duplicative of the subpoena served on its client, Jane Doe No. 3; or alternatively, that the Court 8 EFTA01078624 enter an order limiting the scope of BSF's document production. BSF also respectfully requests an award of fees and costs relating to the subpoena. Dated: April 9, 2015 Respectfully submitted, BOLES, SCHILLER & FLEXNER LLP Sigrid S. McCawley, Esq. Florida Bar No. 129305 Attorney's for Boies Schiller & Flexner LLP 401 East Las Olas Boulevard, Suite 1200 Fort Lauderdale. Florida 33301 Telephone; Facsimile: By:/s/Sigrid S. McCawley Sigrid S. McCawley, Esq. 9 EFTA01078625  CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by Electronic Mail on April 9, 2015 to the individuals identified on the attached Service List. By: /s/Sigrid S. McCawley Sigrid S. McCawley I0 EFTA01078626  SERVICE LIST Thomas E. Scott Jack Scarola SEARCY DENNEY SCAROLA BARNHART Steven R. Safra & SHIPLEY, P.A. COLE, SCOTT & KISSANE, P.A. 2139 Palm Beach Lakes Blvd. 9150 S. Dadeland Blvd., Suite 1400 West Palm Beach, FL 33409-6601 Miami. Florida 33156 Attorney for Plaintiffs char son i Mary E. Boria Ashley E. Eiler WILEY REIN, LLP 1776 K Street NW Washington, D.C. 20006 Counselfor Defendant Alan. Dershowitz 11 EFTA01078627 EXHIBIT 1 EFTA01078628  CNN SHOW: New Day 8:30 AM EST January 6, 2015 Tuesday TRANSCRIPT: 010606CN.V42 SECTION: NEWS; International LENGTH: 3114 words HEADLINE: Plan Crash Survivor's Steps; Celebrities Fight Sex Scandals; Remembering Mario Cuomo BYLINE: Alisyn Camerota, Martin Sav dge, John Berman, Michaela Pereira, Paul Callan, Chris Cuomo, Ana Cabrera GUESTS: Wendy Murphy HIGHLIGHT: Friday night, seven-year-old Sailor Gutzler freed herself from the upside down wreckage of her family's plane, moving past the bodies of her mother, father, sister and cousin, and walked nearly a mile to Larry Wilkins' home in remote western Kentucky to get help. There are new developments in the sex scandal involving Prince Andrew and famed attorne Alan Dershowitz, including the fact that Dershowitz has counter sued . Chris Cuomo, the son of the former governor of New York Mario Cuomo, reflects on his father's legacy as a politician and family man. BODY: JOHN BERMAN: All right, 32 minutes after the hour. Buckingham Palace took the rare step to speak out about the sex abuse accusations against Prince Andrew, but is talking about it really the best strategy? How to handle ugly accusations, next. CAMEROTA: New developments in the sex scandal involving Prince Andrew and famed attorney Alan Dershowitz. Moments ago we learned that Alan Dershowitz has counter sued , that's the woman who says that the lawyer sexually abused her when she was a teenager. Dershowitz is demanding his name be removed from her lawsuit and is asking for damages. Roberts says that a wealthy investor forced her into sex slavery when she was a teenager to please his powerful friends, including Dershowitz and Prince Andrew. The accuser now says she is being re-victimized. All of this raising big questions of how public figures should fight back against ugly accusations. Let's bring in Paul Callan. He's a CNN legal analyst, criminal defense attorney and former prosecutor to talk about all this, also former prosecutor Wendy Murphy will join. She's an adjunct professor of sexual violence at New England Law in Boston. EFTA01078629 Great to see both of you. OK, let's start with the news this morning. Paul, Alan Dershowitz, hours ago, has filed this countersuit in Florida because he feels he's being defamed by this lawsuit by this woman, . CNN is naming her because she has gone public with her name. So is that the best way for celebrities and high-profile people to handle allegations like this? PAUL CALLAN, CNN LEGAL ANALYST: Well, Alan Dershowitz has done something you never see done in these cases. He's gone nuclear. I mean, he's going apoplectic. He's threatening to sue Roberts and he's starting his own lawsuit. Usually you try to make the whole thing go away so it's forgotten. There's a complexity to this lawsuit because the allegations against Dershowitz, that he slept with this 15-year-old, and, incidentally, Prince Andrew as well, were included in court documents related to another lawsuit. And normally, anything you say in a court document relating to a pending lawsuit is, there's immunity. You can't sue somebody for saying that. So Dershowitz was baiting Roberts saying, why don't you say it publicly and I'm going to sue you because it's a lie. But apparently he must have stumbled on some theory that would give him grounds to sue around this court immunity doctrine. So it will be interesting to see it today. CAMEROTA: Yes. Wendy, we have an example of Alan Dershowitz being so angry and so vociferous in denying these charges yesterday on NEW DAY. Watch this. (BEGIN VIDEO CLIP) ALAN DERSHOWITZ, ATTORNEY: I will take action. I am filing today a sworn affidavit denying categorically the truth. I'm seeking to intervene in the case. I am challenging her to file rape charges against me. I waive any statute of limitations, any immunity, because if she files a false rape charge against me, she goes to jail. The end result of this case should be she should go to jail, the lawyers should be disbarred and everybody should understand that I am completely and totally innocent. (END VIDEO CLIP) CAMEROTA: Wendy, what do you think about his strategy? Because there's one school of thought that says you never even dignify the allegations with a response. WENDY MURPHY, FORMER PROSECUTOR: Yes, I mean the problem is he is almost in a protest too much state of mind for me. You know, I think the way the prince is handling it is, in a sense, more credible because it's more restrained in that exact way, Alisyn, we don't dignify these kinds of things. Of course it's silly. Of course it's not true. You know, the problem with Alan Dershowitz's position is, he doesn't really know all of the evidence that they have. I mean what if this woman has, you know, intimate knowledge of things about his body parts, for example, that will be unassailable proof that, in fact, she did have access to his body. The kind of thing that no matter how much he yells and screams, he won't be able to rebut. That could be some pretty explosive proof against him. EFTA01078630 CAMEROTA: It could be but -- MURPHY: I'm glad he did it. CAMEROTA: Yes, I mean, you have to - MURPHY: Go ahead. CAMEROTA: You have to assume that because he's make so vocal and so public a response that he believes that there's nothing like that out there. Wendy, let me just stop you for a second - MURPHY: Yes. CAMEROTA: Because I want to tell you the victim in - the alleged victim in this case, , has now responded to CNN and Alan Dershowitz for calling her a liar. Let me tell you what she says. "It appears I am now being unjustly victimized again. These types of aggressive attacks on me are exactly the reason why sexual abuse victims typically remain silent and the reason why I did for a long time. That trend should change. I'm not going to be bullied into silence." Wendy, your thoughts on her response? MURPHY: Yes, I -- you know, it is a reason, in my work, you know, in decades of this work, it is something victims talk about a lot. I'm not going to speak out, especially against a wealthy, powerful, and influential person because they will have the ability to sue me falsely. That's the fear that a lot of real victims have. Look, if Alan Dershowitz wants to use the legal system to demonstrate his innocence, he has the right to do that. The problem is, now that he's filed a public claim, the airing of all the details will come out, and what's he going to do if there is some kind of unassailable evidence against him? I mean he said, for example, he's only been at Jeffrey Epstein's house once and it was with his wife and children. What if it comes out that he was actually there, and there are photographs of him there on another occasion? CALLAN: Well, you have to - you know, but, Wendy, I think you have to assume, Dershowitz can't be that stupid. I mean he taught at Harvard for long enough that I assume that basic facts like that he's going to be certain on. And if Dershowitz is in fact innocent of this charge, then he's not worried about body parts or locations where sex took place if no sex did take place. CAMEROTA: Dershowitz also called for attorneys to be disbarred. He believes they should never have taken this case. Let me quickly read to you their statement in response to Alan Dershowitz. "Out of respect for the courts desire to keep this case from being litigated in the press, we are not going to respond at this time to specific claims of indignation by anyone. Nevertheless, we would be pleased to consider any sworn testimony and documentary evidence Mr. Dershowitz would like to provide which he contends would refute any of our allegations." Paul Callan, Wendy Murphy - MURPHY: Yes. CAMEROTA: We have to leave it there. We're running out of time. But, EFTA01078631 obviously, this case is not going away with Alan Dershowitz's new legal action this morning. We'll take it up again. Thanks so much for being here. We'd love to know what you think about all this. You can tweet us @newday on the best way to handle allegations like this. Let's go over to John. BERMAN: All right, thanks, Alisyn. An American giant is gone, but his legacy lives on. Our friend and colleague, Chris Cuomo, remembers his father, former New York Governor Mario Cuomo. A touching tribute that you do not want to miss, it's coming up next. PEREIRA: So, the funeral for former New York governor Mario Cuomo gets under way in just over two hours right here in New York City. Dignitaries including Bill and Hillary Clinton, Attorney General Eric Holder are expected to pay their respects. You know, Chris mentioned to us, our NEW DAY family, that his father's life has served as a lesson for him since he was a very little boy, but that even now his pop is, as he called him, is still teaching him a lesson about what endures. (BEGIN VIDEOTAPE) MARIO CUOMO, FORMER GOVERNOR OF NEW YORK: When it's over, I want people to say, now, there was an honest person. CHRIS CUOMO, CNN ANCHOR (voice-over): Pop's body is gone. I know because I counted out his pulse until his heart fell silent, 5:15 p.m. His two favorite numbers, 5 and 15. So now his baggy, brown eyes, solid grip of soft, thick fingers, oaken body, they're all gone. But what was most important about my father and to him has passed on. Passed on as in still exists, just in a different way. His spirit passed on to his creator, the spirit of his message endures in us. Timeless and timely, a call to remember that if all do not share in America's success, there is no real success. M. CUOMO: We can make it all the way with the whole family intact, and we have more than once, wagon train after wagon train, to new frontiers of education, housing, peace, the whole family aboard, constantly reaching out to extend and enlarge that family, all those struggling to claim some small share of America. C. CUOMO: Our interconnectedness, our diversity as America's true strength. The value found in immigrants like our family desperate to work, to be part of the dream. M. CUOMO: Thank you very much. C. CUOMO: Two speeches in eight weeks would define his political life for many of you, the keynote in 1984. UNIDENTIFIED MALE: Ronald Reagan rode into the '80s on a political white horse. C.CUOMO: When he took on Ronald Reagan's shining city. EFTA01078632 M. CUOMO: There are people who sleep in the city's streets, in the gutter, where the glitter doesn't show. C. CUOMO: And his talk at Notre Dame, where he took on his church's notion of a Catholic politician. M. CUOMO: We know that the price of seeking to force our belief on others is that they might someday force their belief on us. I protect my right to be a Catholic by preserving your right to be anything else you choose. C. CUOMO: The man liked a challenge. Both relied on his core belief, we are here to help as many as we can in the best way we can, and that means protecting freedom, especially freedom from oppression. You will hear him called Hamlet on the Hudson. Question it. It's a media phrase more than a matter of fact. Pop did not think he should run for president. M. CUOMO: Has nothing to do with my chances. It has everything to do with my job as governor, and I don't see that I can do both. Therefore, I will not pursue the presidency. C. CUOMO: Many could not, or would not, accept that and tried publicly and privately to push him to do otherwise. For better or worse, that's what separated my father from other politicians. He, in fact, did not vacillate, and until the day he died, I never heard him regret the decision, period. But that is merely politics, which can't be forgotten quickly enough. What really matters has certainly been passed on to me, and my siblings, and our kids and that was pop's love, like a big bear hug on your heart kind of love. His unique sense of humor could be a weapon and a salve. M. CUOMO: Christopher, you have - - (LAUGHTER) M. CUOMO: Let me tell you, Christopher. You have found so many unusual ways to heap new expenses on this family. You really have. I mean, and you've done it not after, you know, a sweating effort, he's done it naturally. C. CUOMO: Who to be, how to be, from the simple, a handshake is firm, a tie is tied in a Windsor knot, a man shines his own shoes and does so often. He carries a hanky, one for others, one for himself. He wears a hat, not a cap, unless it's a cheese cutter. He always has cash and does not go Dutch. Pass first, shoot second. Play hard, and then play harder. From that to the sublime, all that matters in life is devotion to something bigger than yourself, family, the less fortunate, take up for them always. His passion for purpose, love recklessly, fight the good fight fiercely, outwork everyone. M. CUOMO: One of the simple things I wanted to achieve is I want to be governor, I want to be the hardest working there ever was. C. CUOMO: Compete hard or not at all. M. CUOMO: So far, you know, we haven't lost all year. C. CUOMO: And never as a function of the chance of success. M. CUOMO: This is our first game. EFTA01078633 C. CUOMO: And for all the requirements on an individual, the most important was a command for the collective. Collaborate in making this world a better place. M. CUOMO: What is our mission in this place? Your job is to make it as good as you can make it. That's all there is. There is no other significance. C. CUOMO: None of that could ever be buried. Living on in the hearts, and minds, and actions of those who bear his name, who heeded his call to action then and now, that all will pass on. The man himself is gone. The father I went to in times of distress is not there. The truth hurts, pop would say, and this truth hurts worse than I imagined. But I also know what pop would tell me to do. Wipe my face, let my kids see that I love them, be there for my family, and do the right thing. And I will, pop, just like you. M. CUOMO: Just keep going forward believing ever more deeply that it's right to give to people and to the world. (END VIDEOTAPE) PEREIRA: What a powerful tribute to his dad. BERMAN: Like a big bear hug, I think, on all of our hearts as Chris would say so nicely in that piece. CAMEROTA: And we got to know Mario Cuomo so much better through Chris' eyes. That was a real gift. BERMAN: And we got to see, you know, take the stuffing out of Chris, too, sitting there as a young boy. It was amazing. PEREIRA: But, you know, he loves in the very same way that his dad did. Have you noticed that? CAMEROTA: Yes. BERMAN: Big, big. CAMEROTA: Beautiful. We'll be right back. CAMEROTA: As you all know, Chris Cuomo loves telling the stories of people who are making an impact. So here's on such story. Former NFL player Ricardo Silva went from studying playbooks to textbooks. Today he's a high school math teacher motivating his students to impact your world. Here's Chris Cuomo. (BEGIN VIDEOTAPE) RICARDO SILVA, FORMER NFL PLAYER: You have four minutes, four minutes until competition. C. CUOMO: Ricardo Silva is using his competitive edge to make math count for these high school students in Washington, D.C. EFTA01078634 SILVA: Number three is what? My hope is to bring awareness to the students. Not just geometry, but total life outcomes. You can do whatever you want through education. C. CUOMO: Silva's first job wasn't in a classroom, it was on a football field playing for the Detroit Lions. SILVA: My mission was to get to college and start in the NFL. Now that's moved on to something more meaningful to me, which is providing opportunities to kids that do not necessarily know how to get where they need to be. C. CUOMO: Helping Silva do just that is Teach for America. The program offers free classroom training to college graduates and professionals from various backgrounds. In exchange they teach in an underserved school for two years. SILVA: Kids that have low socioeconomic status are, you know, not achieving as well as their more affluent counterparts, and we're trying to close the educational achievement gap. This is why I'm here. C. CUOMO: It's certainly not for the paycheck or the ease of the job. SILVA: Football, all you have to do is wake up every day, work out and do what the coaches tell you to do. In school you have to motivate young teenagers who are more interested in their social media outlets than math. C. CUOMO: A seemingly impossible task, but Silva is up for the challenge. SILVA: What's the first thing that we must do? All I had was one person believing in me my entire life, which was my mom, and I feel like I can bring that to the kids. Way to go, (INAUDIBLE). All they need was one person telling them that they can do it and they can be successful. (END VIDEOTAPE) PEREIRA: And he's that one person. BERMAN: Man, motivating kids tougher than any NFL linebacker, that's for sure. CAMEROTA: Yes, right. So, for more on how you can help, go to CNN.com/impact. BERMAN: All right, it is time now for "NEWSROOM" with Ana Cabrera who is in today for Carol Costello. Ana, take it away. ANA CABRERA, CNN ANCHOR: Good morning guys, and I haven't even said happy new year to you yet, so happy new year. EFTA01078635 CAMEROTA: You, too. EFTA01078636 EXHIBIT 2 EFTA01078637  SHOW: AUSTRALIAN BROADCASTING SYSTEM (ABC) 7.30 8:05 PM AEST ABC January 6, 2015 Tuesday LENGTH: 942 words HEADLINE: Prince Andrew under pressure as Palace disputes teen sex scandal claims REPORTERS: Philip Williams BODY: LEIGH SALES, PRESENTER: It's been a few years since Britain's Royal Family has been embroiled in a serious scandal, but once again, Prince Andrew has stepped forward. He's accused of having sex with an underage girl in sensational details aired in an American court case. The young woman says she was forced to entertain the Duke at the behest of his friend, billionaire and convicted paedophile Jeffrey Epstein. Prince Andrew's ex-wife, Sarah Ferguson, has leapt to his defence and Buckingham Palace is also strenuously denying the allegations. But, as Europe correspondent Philip Williams reports, the claims have blown apart the always uneasy calm between the Palace and the British press. PHILIP WILLIAMS, REPORTER: As fifth in line to the throne, whatever Prince Andrew does or says will never go unnoticed. So when media reports about a lawsuit in the US emerged linking his name with underage sex, the long period of relative Royal calm was abruptly shattered. This woman, is believed to be the person named in court papers as "Jane Doe 3". In a newspaper interview she claims she was used for underage sex by American billionaire Jeffrey Epstein and says she was lent out to his rich and powerful friends, including Prince Andrew. It's claimed she had sex with him three times when she was 17 at Jeffrey Epstein's luxury Caribbean Island home and in New York and London, all denied by Prince Andrew. VICTORIA MURPHY, UK MIRROR ROYAL CORRESPONDENT: If this doesn't go away quickly, if these allegations continue to be made, if more allegations are added, this could be incredibly damaging, not just for Andrew, but for the monarchy as a whole. PHILIP WILLIAMS: It all seems a world away from the golden glow of recent Royal events - a wedding that cemented the popularity of Prince William and his bride. Followed of course by the arrival of baby Prince George. And for the Queen, a diamond jubilee, a celebration of 60 years on the throne, reason for her to smile as the nation and beyond said thanks for her never-ending job. EFTA01078638 Over the weekend, that run of feel-good luck expired. Normally with a story like this, Buckingham Palace would be more inclined to stay quiet, not to give any oxygen whatsoever to the sort of claims that have been made. But this time, it's very, very different. Not one, but two statements saying Prince Andrew is completely innocent of all the accusations. VICTORIA MURPHY: They issued one statement initially in response to the allegations that Prince Andrew had had sex with an underage minor and that was what they were responding to and they were categorically denying that that had been the case. However, in doing that they had left the door open that perhaps he was only denying the fact that she was a minor and questions were being asked about that. So when more of her allegations surfaced, they decided that they needed to release an even stronger denial, categorically denying any sexual contact whatsoever. PHILIP WILLIAMS: What isn't in dispute is that Prince Andrew and Jeffrey Epstein were good friends over a number of years. In 2008, Mr Epstein was sentenced to 18 months' jail for soliciting an underage girl for the purposes of prostitution. That, after a controversial plea bargain. He remains a registered sex offender. Yet in 2011, after his release, Prince Andrew was seen with his old friend in New York Central Park. That cost Prince Andrew an unpaid job he was said to have loved as the UK's Trade and Industry special representative, opening doors for British business overseas. CHRIS BRYANT, LABOUR MP (March, 2011): But I'm afraid he's now just become a national embarrassment. And my worry is that sometimes when he goes on these trips, I'm not sure whether he's helping us out or he's just helping himself. PHILIP WILLIAMS: For him, that door closed as a direct result of his association with Jeffrey Epstein. VICTORIA MURPHY: People who know Prince Andrew have said that he is very loyal to his friends and that that is one of his strong points. However, I think that those closest to him now accept that that particular friendship and the loyalty to Jeffrey Epstein that continued until after he was convicted of paedophilia, I think people are now saying, you know, he accepts that that was a mistake. However, what is being said is that Andrew is only guilty of choosing his friends badly. He's not guilty of anything else. PHILIP WILLIAMS: Prince Andrew isn't the only one named in the court documents, and while he isn't publicly defending himself, another of those accused certainly is. Harvard Law Professor Alan Dershowitz has been doing the media rounds of the US and beyond. He denies even knowing his accuser, let alone having sex with her. ALAN DERSHOWITZ, HARVARD LAW SCHOOL: My goal is to bring charges against the client and require her to speak in court. She - if she believes she has been hurt by me and by Prince Andrew, she should be suing us for damages. I welcome that lawsuit. I welcome any opportunity which would put her under oath and require her to state under oath these false allegations. EFTA01078639 PHILIP WILLIAMS: Under the plea bargain struck with prosecutors by Jeffrey Epstein, it appears that other potential allegations may not end up tested in court and that could apply to possible co-conspirators, an arrangement alleged victims were not involved with. Through Palace statements, the Duke of York has unequivocally denied any wrongdoing. He's not charged with anything, nor has he been questioned by police. But the Queen's second son is in a spotlight he cannot wish away. His annus horribilis may have just begun. LEIGH SALES: Philip Williams reporting from London. LOAD-DATE: January 7, 2015 EFTA01078640 EXHIBIT 3 EFTA01078641  Judge losses 'sex slave' claims involving Prince Andrew - NY Daily News Page 1 of 4 ilia it'.fI rat cipti 00", Cnii ill.' win h em pc, MOGS Never Lose Your Keys Again Florida judge tosses `sex slave' claims involving Prince Andrew, Alan Dershowitz SY OAF ...MY tH...0:1, 00,EGCCIAN I NAV:, VO4.4 ritA: r t.u.i1 Tvflos.. 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