55 1 because Professor Cassell is not here as an 2 expert witness and hypotheticals are 3 inappropriate. You're calling for speculation on 4 his part and I'm not going to instruct him not to 5 answer, but it iS an improper question. 6 MR. SIMPSON: I disagree, but you can answer 7 the question. 8 THE WITNESS: Right. So the factual basis 9 would -- we are setting aside attorney/client 10 communications, right? 11 BY MR. SIMPSON: 12 Q. I'm asking: What would you tell the judge? 13 A. Right. So that -- that's speculative. I 14 don't think I can give a fair answer at this point 15 because that would have involved going back to my client 16 and carving out what kinds of things we were going to 17 present to Judge Marra in light of the posture of the 18 case at that point. 19 So it's a speculative question. I would 20 have -- let me just, without going into any 21 attorney/client privileged communications, I would have 22 provided an ample factual basis for those allegations. 23 MR. SIMPSON: Move to strike as 24 nonresponsive. 25 BY MR. SIMPSON: ROUGH DRAFT ONLY HOUSE_OVERSIGHT_021878