Terence Dougherty
Terence Dougherty is the Chief Operating Officer of the American Civil Liberties Union. His institutional role gave him direct oversight of the ACLU's donor records, ambassador program, and communications operations. He had personal knowledge of Heard's $3.5M donation pledge, her October 2018 ACLU ambassador appointment, and the editorial process behind her Washington Post op-ed.
Testimony Impact
Dougherty testified that Heard pledged $3.5M to the ACLU but only $1.3M was ever received — $350K directly from Heard, $500K from a Vanguard fund associated with Elon Musk, and $100K from a check written by Depp himself. He confirmed ACLU staffer Robin Shulman authored the first draft of the 2018 Washington Post op-ed, which was deliberately timed to coincide with Aquaman's release. An ACLU pitch email read into the record framed the piece around Heard being "beaten up" by Depp, revealing institutional awareness of its implicit subject even as lawyers removed Depp's name. He acknowledged that the ACLU's own July 2020 statement to Reuters affirming Heard had donated her "full settlement" was inaccurate. On cross, Bredehoft elicited that "donate" can encompass a pledge and that Heard relied on attorney advice throughout the op-ed process.
Notable Quotes From The Record
“when we initially had contact with Amber Heard in 2016, she indicated her desire to pay $3.5 million to the ACLU”
Establishes that the $3.5M was always Heard's stated intention — a pledge — not a completed donation, grounding the gap between her public claims and actual payments.
“we believe that that is a donor-advised fund that was set up by Elon Musk.”
Reveals the $500K Vanguard contribution attributed to Heard likely originated from Elon Musk, complicating the narrative that Heard funded her pledge from her divorce settlement.
“At the time that Jess Weitz wrote this, in July of 2020, Ms. Heard had not donated her full settlement to the ACLU, and I'm not aware of what she did to the other organization.”
Direct admission that the ACLU's own statement to Reuters affirming Heard donated her 'full settlement' was inaccurate, establishing a false public narrative about Heard's charitable giving.
“This is the cover letter to which the check for $100,000 was attached, which related to Johnny Depp's contribution to the ACLU in the name of Amber Heard.”
Confirms on the record that Depp's $100K payment was made toward Heard's pledge, a fact the ACLU had initially failed to record in Salesforce.
“I think that everybody at the ACLU was hoping - we were hoping - the ACLU was hoping and expecting that the full 3.5 million would be paid to the ACLU.”
Acknowledges institutional expectation of full payment while conceding the unsigned pledge form and Heard's financial difficulties introduced doubt.
“No additional payments.”
Confirms the payment record ended when Depp filed suit in March 2019, with $2.2M of the $3.5M commitment outstanding.
“Based on my investigation, I'm not aware of a situation where she did not rely on her attorneys.”
Supports Heard's position that the op-ed's content and publication were guided by legal counsel, relevant to good-faith and actual-malice arguments.
Key Moments
Dougherty confirms Heard paid only $350K directly toward her $3.5M pledge — with $500K from a Vanguard fund and $350K from a Fidelity donor-advised fund bringing the total to $1.3M — establishing the gap between her public donation narrative and actual payments.
Day 11 · Direct of Terence Dougherty
Dougherty discloses that the $500K Vanguard Charitable contribution is believed to be from a donor-advised fund set up by Elon Musk, complicating Heard's claim that she funded the pledge from her own divorce settlement.
Day 11 · Direct of Terence Dougherty
Dougherty confirms ACLU staffer Robin Shulman wrote the op-ed's first draft after meetings with Heard, and that the ACLU's communications department — not Heard — controlled the initial drafting.
Day 11 · Direct of Terence Dougherty
An internal ACLU pitch email to the Washington Post — read into the record — explicitly describes Heard as someone 'beaten up during her brief marriage to Johnny Depp,' revealing that the ACLU understood the op-ed's implicit subject even as Depp's name was later scrubbed by lawyers.
Day 11 · Direct of Terence Dougherty
Dougherty acknowledges that a July 2020 ACLU statement to Reuters affirming Heard had donated her 'full settlement' was inaccurate — exposing an institutional false narrative the ACLU itself had helped sustain.
Day 11 · Direct of Terence Dougherty
Bredehoft elicits that 'donate' is a broader term that can encompass a pledge, probing semantic ambiguity to soften the gap between Heard's public statements about donating and her actual payment history.
Day 11 · Cross of Terence Dougherty
Dougherty confirms that after Depp filed suit on March 1, 2019, Heard made no additional payments — leaving $2.2M of the $3.5M commitment outstanding at the time of trial.
Day 11 · Cross of Terence Dougherty
Dougherty confirms that based on his investigation, Heard consistently relied on attorney advice throughout the op-ed process — Bredehoft's key rehabilitation point on actual malice and good faith.
Day 11 · Cross of Terence Dougherty
Evidence From Their Proceedings (13)
Heard Washington Post Op-Ed (Dec 18, 2018)
Amber Heard's opinion piece titled 'I spoke up against sexual violence and faced our culture's wrath. This has to change.' published in the Washington Post on December 18, 2018,…
Catalog entry →White Cover Letter to ACLU — $100K Pledge Installment
A cover letter from Edward White to the ACLU, dated August 24, 2016, enclosing Depp's $100,000 check and characterizing the payment as the first of multiple scheduled installments…
Catalog entry →ACLU Acknowledgment Letter to Heard with Unsigned Pledge Form
Romero's September 9, 2016 ACLU acknowledgment letter to Amber Heard, enclosing an unsigned pledge form and payment schedule. The document was admitted subject to redaction of a…
Catalog entry →Fidelity Charitable — $350K Anonymous Donation, Dec. 11, 2018
ACLU and Fidelity Charitable records documenting a $350,000 donation received on December 11, 2018, designated as anonymous but recorded as a donation from Amber Heard, sourced…
Catalog entry →ACLU Donation Records Bundle (Exhibit 67)
A bundle of ACLU donation records including a JPMorgan wire record, a Vanguard grant letter, Fidelity records, and Salesforce screenshots, providing a comprehensive accounting of…
Catalog entry →ACLU Email — Heard's Plan to Donate $3.5M Over Ten Years (Def. Ex. 1)
An email describing Heard's plan to donate $3.5 million to the ACLU over the next ten years.
Catalog entry →ACLU Email Chain — Depp's $100K Check and Musk Introduction (Ex. 10)
An email chain among ACLU personnel Romero, Villagra, and Wier regarding Depp's $100,000 check and Elon Musk's role in first introducing Heard as a prospective donor to Romero.
Catalog entry →ACLU Email Chain re: $2.55M Remaining Pledge Balance (Def. Ex. 14)
An email chain between ACLU personnel Romero and Maresco requesting Heard's next pledge payment, referencing a remaining balance of $2.55 million on a ten-year pledge.
Catalog entry →ACLU Internal Emails on Op-Ed Placement (Exhibit 42)
ACLU internal email chain concerning placement of Heard's op-ed, including a pitch from ACLU staffer Stacy Sullivan to Washington Post editors describing Heard as having been…
Catalog entry →ACLU Internal Emails re: Reuters Fact-Check, July 2020 (Ex. 61)
Internal ACLU emails from July 2020 responding to a Reuters fact-check inquiry, including a statement by Weitz that Heard had donated her full settlement to charity.
Catalog entry →ACLU Romero Email to Heard Soliciting $350K — Nov. 27, 2018 (Def. Ex. 15)
An email from ACLU's Romero to Amber Heard dated November 27, 2018, asking her to facilitate a $350,000 pledge payment.
Catalog entry →Gerry Johnson Email on Op-Ed Topic Ideas (Exhibit 31)
Email from Gerry Johnson listing potential topic ideas for the op-ed, subject to Heard's approval.
Catalog entry →Heard Email Authorizing ACLU to Cash Depp's $100K Check (Ex. 12)
An email from Amber Heard to Romero authorizing the ACLU to cash Depp's $100,000 check and credit it toward her pledge.
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