Guilt by Accusation

by Alan Dershowitz

  Also by Alan Dershowitz

  Defending Israel: The Story of My Relationship with My Most Challenging Client

  The Case Against the Democratic House Impeaching Trump

  The Mueller Report (with an Introduction by Alan Dershowitz)

  The Case Against Impeaching Trump

  The Case Against BDS: Why Singling Out Israel for Boycott Is Anti-Semitic and Anti-Peace

  Trumped Up: How Criminalization of Political Differences Endangers Democracy

  Electile Dysfunction: A Guide for Unaroused Voters

  The Case Against the Iran Deal

  Terror Tunnels: The Case for Israel’s Just War Against Hamas

  Abraham: The World’s First (But Certainly Not Last) Jewish Lawyer

  Taking the Stand: My Life in the Law

  The Trials of Zion

  The Case for Moral Clarity: Israel, Hamas and Gaza

  The Case Against Israel’s Enemies: Exposing Jimmy Carter and Others Who Stand in the Way of Peace

  Is There a Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11

  Finding Jefferson: A Lost Letter, a Remarkable Discovery and the First Amendment in the Age of Terrorism

  Blasphemy: How the Religious Right is Hijacking Our Declaration of Independence

  Pre-emption: A Knife That Cuts Both Ways

  What Israel Meant to Me: By 80 Prominent Writers, Performers, Scholars, Politicians and Journalists

  Rights From Wrongs: A Secular Theory of the Origins of Rights

  America on Trial: Inside the Legal Battles That Transformed Our Nation

  The Case for Peace: How the Arab-Israeli Conflict Can Be Resolved

  The Case for Israel

  America Declares Independence

  Why Terrorism Works: Understanding the Threat, Responding to the Challenge

  Shouting Fire: Civil Liberties in a Turbulent Age

  Letters to a Young Lawyer

  Supreme Injustice: How the High Court Hijacked Election 2000

  Genesis of Justice: Ten Stories of Biblical Injustice that Led to the Ten Commandments and Modern Law

  Just Revenge

  Sexual McCarthyism: Clinton, Starr, and the Emerging Constitutional Crisis

  The Vanishing American Jew: In Search of Jewish Identity for the Next Century

  Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case

  The Abuse Excuse: And Other Cop-Outs, Stories and Evasions of Responsibility

  The Advocate’s Devil

  Contrary to Popular Opinion

  Chutzpah

  Taking Liberties: A Decade of Hard Cases, Bad Laws, and Bum Raps

  Reversal of Fortune: Inside the Von Bülow Case

  The Best Defense

  Criminal Law: Theory and Process (with Joseph Goldstein and Richard Schwartz)

  Psychoanalysis, Psychiatry, and Law (with Joseph Goldstein and Jay Katz)

  Copyright © 2019 by Alan Dershowitz

  All rights reserved. No part of this book may be reproduced in any manner without the express written consent of the publisher, except in the case of brief excerpts in critical reviews or articles. All inquiries should be addressed to Skyhorse Publishing, 307 West 36th Street, 11th Floor, New York, NY 10018.

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  Library of Congress Cataloging-in-Publication Data is available on file.

  ISBN: 978-1-5107-5753-0

  eBook: 978-1-5107-5756-1

  Cover design by Brian Peterson

  Printed in the United States of America

  Table of Contents

  Acknowledgments and Dedication

  A Note to Readers

  Introduction

  Chapter 1: How I Met Jeffrey Epstein

  Chapter 2: “You’ve Been Accused”

  Chapter 3: David Boies and His Firm Create a Conflict of Interest

  Chapter 4: The Chronology of a Frame-up; The Newly Unsealed Emails and Manuscript

  Chapter 5: Suitable for Framing; Why Me?

  Chapter 6: Being Exculpated

  Chapter 7: The #MeToo Movement: Virtues, Vices and Suggested Improvements

  Chapter 8: A Pattern of Perjury Suborned

  Chapter 9: A Mystery Following Epstein’s Suicide: Why Did David Boies Drop the Ball against Leslie Wexner?

  Chapter 10: The Weaponization of the Media to Defame and Sue

  Chapter 11: I Demand to Be Investigated

  Chapter 12: Being Sued for Telling the Truth: A Grave Danger to the First Amendment

  Conclusion: It Could Happen to You!

  Appendices:

  Appendix A: Boies’s History of Conflicts of Interest

  Appendix B: Memo after Boies Meeting

  Appendix C: Transcripts of Conversations with Rebecca Boylan

  Appendix D: Figueroa Affidavit

  Appendix E: Alessi Affidavit

  Appendix F: FBI Interview of Giuffre Claims, 7/3/2013

  Appendix G: Excerpts from the Memoirs of Virginia Roberts Giuffre

  Appendix H: Memo after Conversation with New York Post Reporter, with Contemporaneous Handwritten Changes and Additions

  Appendix I: Public Statements with Settlement, Including by Former FBI Director Louis Freeh and Documents Related to Freeh Investigation

  Appendix J: Excerpts from Pottinger Affidavit

  Appendix K: Churcher Emails (In Reverse Order)

  Appendix L: Travel Document Pages

  Appendix M: Daily Mail Article Excerpts

  Appendix N: My Email to Julie Brown

  ACKNOWLEDGMENTS

  This book could not have been published so quickly without the help of my wife, my children, and my friends. Special thanks to Aaron Voloj, Hannah Dodson, Nicholas Maisel, and Maura Kelley, as well as Alan Rothfeld and Ken Sweder.

  Dedicated to my loving wife, Carolyn Cohen, who guides me, advises me, and supports me.

  A NOTE TO READERS

  The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitative sword against innocent people.

  For more information and updates, please see www.skyhorsepublishing.com/9781510757530/guilt-by-accusation/

  Introduction

  Imagine how it would feel if you—or your husband, father or son—were falsely accused of a heinous sex crime by a woman you never met.

  Imagine further how you would feel if you had conclusive evidence—in the accuser’s own words—that she never had sex with you.

  Now imagine that you also had recorded evidence—from her lawyer’s own mouth—that it was “impossible” for you to have been in the places she claimed to have had sex with you and that she was “simply wrong” in accusing you.

  Imagine even further that you discovered that your false accuser had a sordid history of falsely accusing other prominent men for money, and that she was falsely accusing you because she felt “pressured” by her lawyers who promised her a big payday.

  Finally, imagine that despite this evidence, many people continued to believe the false accusation, just becau
se “women who are abused don’t lie.”

  That is the situation I and my family have been facing over the past five years. Although I am the victim here—the victim of a deliberate frame-up motivated by money—I am being treated as a perpetrator, despite the fact that I have done absolutely nothing wrong. My reputation has been trashed, my family has suffered, my retirement has been ruined, my health has been affected—all because a woman with a long history of lying decided, at the urging of her lawyers, to perjuriously include me without a scintilla of evidence in a list of men to whom she says she was trafficked by the notorious Jeffrey Epstein, whom I had represented a decade earlier.

  After reading this book and seeing the indisputable evidence of my innocence and the total lack of evidence that I ever met my false accuser, no reasonable, open-minded reader will be left with any doubt. But at this stage, before seeing the evidence, I’m asking readers simply to assume, for purposes of an emotional and intellectual experience, that I am totally innocent, and to imagine how you would feel if you or a loved one were being subjected to what I have been put through over the last half decade. If this can happen to me—a man who has the resources to fight back—it can happen to anyone.

  In order to understand—and feel—how this false accusation has upended my life, the reader must be put in my position prior to the accusation being made. I was a 76-year-old retired law professor (I’m now 81) with a controversial professional history. I had represented some of the most despised criminal defendants of our time, many of whom were guilty, but some of whom were innocent. Half of my clients were poor and could not afford to pay legal fees, so I represented them pro bono. These included many women, some of whom were victims of sexual, physical and psychological assaults. Some of my female clients are well-known, like Mia Farrow, Patricia Hearst, Leona Helmsley, Sandy Murphy, Sylvia Zalmonson and Maryam Rajavi; some are not, like the woman whose husband locked her up in a mental hospital, the wife who killed her abusive husband, the Harvard student who was sexually harassed by her professor and the mother who was denied custody of her 8-year-old daughter because she had left her husband for another woman. Other clients included death row inmates and victims of human rights abuses. I also represented filmmakers, actors, writers and publishers whose controversial works were censored.1

  Although some of my clients had been falsely accused of serious crimes, including murder, they all had preexisting relationships with their alleged victims. Moreover, the evidence was often ambiguous. There were grey areas, and doubts that had to be resolved under the law in their favor. I had never had a black-and-white case in which the accused had not even met the accuser. So despite my long experience in representing both the innocent and the guilty, I had never been involved in a case like this one. In all other #MeToo cases, the accused and the accuser had known each other: they had been intimate or had worked together. The issues were consent or harassment, which are often grey areas. Mine was the first in which there was no evidence that the accused and accuser had even met. It was “a zero-sum game,” but it wasn’t a game. Either I was absolutely guilty of a heinous crime, or my accuser was absolutely guilty of perjury for making up an entirely false story. There was no middle ground.

  I had taught about totally false accusations involving crimes ranging from espionage to murder: Alfred Dreyfus; Menachem Mendel Beilis; Leo Frank; the “Scottsboro Boys” and others.2 I had felt vicariously what it must be like to be subjected to a Kafkaesque labyrinth of lies. But I had never personally experienced it. Nor did I ever expect to, despite the controversial nature of my public persona and career.

  In addition to representing controversial and unpopular clients, I had written hundreds of provocative articles and dozens of controversial books about hot-button issues, such as terrorism, torture, affirmative action, preventive detention, Israel, Iran and sexual assault. Of my forty books, eight had been best sellers, including The New York Times number one best seller, Chutzpah. I had taught thousands of students and lectured and appeared on TV before millions of audience members and viewers. My public image was confrontational and adversarial.

  As the Boston Globe once put it: “If Dershowitz isn’t getting in your face about something, it’s as if he’s not doing his job.”3 Very few people were neutral about me: I had fans and detractors. People either loved or hated my provocative views and the ways in which I expressed them. Professionally, I was among the most controversial professors and lawyers in America. And I relished that status. I enjoyed being at the center of controversy for my ideas, principles and legal activities.

  I was at the apex of my career, being honored for my life’s work by awards, honorary doctorates and efforts to create a professorial chair in my name at Harvard. Presidents Clinton and Obama wrote letters of praise when I retired from Harvard, and when I turned 75, Obama wished me “Many more years of advocacy, mischief and great fun.” The reference to “mischief” was about my iconoclastic and controversial political views.

  There was nothing controversial or mischievous about my private life, and certainly none about my sexual activities. At the time of the accusation against me, I had been married to my wonderful wife Carolyn for nearly 30 years. My first marriage ended in divorce, and I raised my two sons. I met Carolyn seven years after the divorce. We have a great marriage and a wonderful daughter.

  I am very different in my personal life than in my professional life. With family and friends, I avoid conflict. Family members consider me a pushover. I rarely argue and when I do, almost never win. I do enough arguing in court and on TV. When I come home, I want peace and quiet rather than conflict. The same is true among my close friends, who don’t recognize what my son Elon calls “the Dersh TV character.” I once complained to the late actor Ron Silver, who played me in the film Reversal of Fortune, that he had done a great job portraying me as a lawyer, but he had not captured the real me as a family man. He replied: “I’m playing the public Alan Dershowitz—the one people see on TV and in the newspapers. I can’t get to know the private Alan Dershowitz well enough to play him, and frankly the public isn’t interested in that side of you.” (I only wish that were still true.)4

  In my Harvard classroom, I was also tough and confrontational—though with a smile—because my job was to prepare law students for a confrontational career in a highly adversarial legal system. But outside of class, I was supportive and agreeable, as my students and mentees will confirm.

  In my fifty-year teaching career at Harvard, I had many female research assistants, secretaries, students and colleagues. My wife and I invited my students to our home every year. Not a single complaint had ever been lodged against me for sexual (or any other) misconduct. My students, assistants and friends all know that I don’t flirt with, hug or touch anyone other than my wife. That’s not who I am. I am also a cautious person in my personal life, and I would never have risked destroying my hard-earned reputation or personal integrity by doing what I was accused of.

  So when I was accused at the end of 2014 of having sex on seven occasions with an underage female who I had never met, no one who knew me and Carolyn believed the accusation, even when it was circulated around the world. People who didn’t know me—who knew only the “Dersh TV character”—had no reason to disbelieve the accusation, because they were unaware of the long history of false accusations made by Virginia Roberts Giuffre, of my unblemished history at Harvard, and of the evidence proving my innocence. But that accusation was leveled before the advent of the “#MeToo” movement, and many of those who read about the accusation were then prepared to apply a presumption of innocence or at least of skepticism.

  When I categorically denied the accusation in the media and swore in court that I had never even met or heard of my accuser, many in the general public believed me, especially because my accuser refused to repeat her accusation to the media. She made it only behind the so-called “litigation privilege,” which protects false accusations made in court filings from defamation suits.5 They a
lso believed me because I produced all my travel and other records during the period Giuffre knew Epstein, which proved I couldn’t have been in the exotic places—including Epstein’s Caribbean island and New Mexico ranch—where she falsely claimed to have had sex with me. Any doubts about the accuracy of these records was resolved when the former Director of the FBI reviewed them and concluded that “the totality of evidence found during the investigation refutes the allegation made against Professor Dershowitz.” Even Giuffre’s own lawyer, after reviewing my documents, concluded that it would have been “impossible” for me to have been on the island and ranch during the relevant time period, and that his client was “wrong . . . simply wrong” in accusing me. She must have confused me with someone else, he surmised.6

  Then it turned out that Giuffre had been paid $160,000 by the Daily Mail to accuse several men, including President Bill Clinton, Vice President Al Gore and his then-wife Tipper of having been entertained by Epstein on his notorious island. She provided the Mail with detailed accounts of their visits, including a claim that Clinton had been flown to the island with his Secret Service contingent on a helicopter piloted by a woman who had just received her license, and that he had dinner with two underage “very innocent looking” girls. The problem with her story is that Secret Service and other records prove that none of the three had ever been on Epstein’s island. It’s also difficult to imagine a president being allowed to fly with an inexperienced pilot. Giuffre had simply made up the entire story for money, just as she made up the entire story about me.

  It also turned out that Giuffre lied about her age and was well above the age of consent when she claims she was trafficked by Epstein. She originally claimed she was 14 when she first met Epstein and she vividly “remembered” celebrating her sweet 16th birthday with Epstein7, but her own employment records conclusively proved she was 17 when she first met Epstein and her own statements show that she was close to 19 when she claimed Epstein “started to ask [her] to ‘entertain’ his friends.” She later admitted these facts but said it was an honest mistake rather than a lie8, despite her vivid, if demonstrably false, recollection about how she spent her sweet 16th birthday. Nonetheless, the media continues to refer to her as underage and to anyone who she claims had sex with her as a pedophile.