121 1 Mr. Dershowitz was apparently, based on the transcripts 2 I was seeing, to take the Fifth even with regard to any 3 knowledge of Mr. Dershowitz. 4 So in those circumstances I did think it was 5 highly fair to draw an inference from Mr. Epstein, 6 particularly where, you know, like some of the sexual 7 abuse involved Virginia, Epstein, and Dershowitz was the 8 allegations, you know, the trafficking and so forth. 9 So you know, if Virginia is making an 10 allegation, Mr. Epstein is invoking the Fifth and 11 Mr. Dershowitz is, you know, declining to answer 12 questions, it seemed to me in those circumstances an 13 adverse inference would be fair. 14 Q. Isn't it routine practice for a witness who 15 is the target or faces -- I'm going to start over. 16 Isn't it routine practice for a witness who 17 faces potential criminal liability to take the Fifth as 18 to all substantive questions? 19 A. That's not -- no. I would say absolutely 20 not. And again, I'm drawing -- I was a federal 21 prosecutor for four years. I was a federal district 22 court judge for about five-and-a-half years. I would 23 say, that is not the practice and, indeed, that would be 24 inconsistent with Fifth Amendment case law as I 25 understand it. ROUGH DRAFT ONLY HOUSE_OVERSIGHT_021944