Depp v. Heard — Trial Archive
Person Terence Dougherty Depp v. Heard← All People
Witness · ACLU

Terence Dougherty

ACLU chief operating officer who testified about Amber Heard’s donation pledge and the organization’s role in drafting her op-ed.

2022 Defamation Trial Apr 11 – Jun 1, 2022
Called by plaintiff
441 lines 2 proceedings 7 highlights

About

In deposition testimony played at trial, Terence Dougherty described the ACLU’s records of Heard’s $3.5 million donation pledge. He testified that the organization had received $1.3 million toward it: $350,000 directly from Heard, $100,000 from Johnny Depp, and payments through Vanguard and Fidelity. On cross-examination, Heard’s counsel pressed the distinction between a pledge and a completed donation. Dougherty confirmed that no further payments were made after Depp filed suit in March 2019.

Dougherty also described the ACLU’s work on Heard’s Washington Post op-ed. He said ACLU staff member Robin Shulman wrote the first draft and that revisions involved Heard’s lawyers. On cross-examination, he testified that Heard followed attorney advice during the op-ed process.

Trial Record (2)

2022 Defamation Trial Apr 11, 2022 – Jun 1, 2022 2 proceedings

Day 11

Direct Direct Examination of Terence Dougherty Terence Dougherty Benjamin Chew 3 396
Summary

ACLU COO confirms Heard paid $1.3M of a pledged $3.5M donation, and that ACLU staff drafted the 2018 Washington Post op-ed, timing its release to coincide with Aquaman.

Highlights (3)
Quote

“when we initially had contact with Amber Heard in 2016, she indicated her desire to pay $3.5 million to the ACLU”

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“we believe that that is a donor-advised fund that was set up by Elon Musk.”

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“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.”

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Cross Cross-Examination of Terence Dougherty Terence Dougherty Elaine Bredehoft 4 45
Summary

Bredehoft cross-examines ACLU's Dougherty on the donate/pledge distinction, payment timeline, and Heard's reliance on attorney advice during op-ed drafting.

Highlights (4)
Quote

“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.”

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“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.”

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“Based on my investigation, I'm not aware of a situation where she did not rely on her attorneys.”

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Evidence From Their Proceedings (13)

Documents Admitted

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,…

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Documents Admitted

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…

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Documents Admitted

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…

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Documents Admitted

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…

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Documents Admitted

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…

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Documents Admitted

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.

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Documents Admitted

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.

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Documents Admitted

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.

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Documents Admitted

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…

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Documents Admitted

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.

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Documents Admitted

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.

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Documents Unclear

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.

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Documents Admitted

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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