Adam Waldman — Direct/Cross
589 linesTHE COURT: All right. Are we ready for the jury, then?
MS. BREDEHOFT: Yes, Your Honor.
THE COURT: Okay. All right. Be seated.
THE COURT: Your next witness.
MS. BREDEHOFT: Your Honor, our next witness is Adam Waldman. I start the questioning, and then Mr. Rottenborn split that with me, and I then it will be Mr. Depp's counsel
THE COURT: All right. Thank you.
THE COURT: ADAM WALDMAN, being first duly sworn, was examined and testified as follows:
MS. BREDEHOFT: Good morning. My name is Elaine Bredehoft, and together with Ben Rottenborn, we represent Amber Laura Heard Would you please state your name and address.
ADAM WALDMAN: Sure. Adam Robert Waldman. Washington D.C.
MS. BREDEHOFT: What is your current occupation?
ADAM WALDMAN: Attorney. I'm also involved with a skin care company in a variety of capacities.
MS. BREDEHOFT: How long have you been an attorney?
ADAM WALDMAN: I think since 1995.
MS. BREDEHOFT: Do you currently represent John C. Depp, I, who I will be referring to, in this deposition, as Mr. Depp or Depp?
ADAM WALDMAN: I do.
MS. BREDEHOFT: And is this representation an attorney-client representation?
ADAM WALDMAN: It is.
MS. BREDEHOFT: Does it include any other type of representation of Mr. Depp, other than as an attorney-client?
MR. CHEW: I would instruct the witness not to answer that question on the grounds of O attorney-client privilege and attorney work product. You can't answer that question without disclosing communications between himself and his client, Mr. Depp.
MR. CHEW: As you're aware, Ms. Bredehoft, the Court has ruled that Mr. Depp has not waived attorney-client privilege and will not be waiving attorney-client privilege. So you're aware of that.
MS. BREDEHOFT: So, Mr. Chew, I'm not sure that you heard my question. I was actually asking him if he had any other type of representation relationship with Mr. Depp, than as an attorney-client.
MR. CHEW: I think he can answer that yes or no, but I would -- I would instruct the witness, on behalf of Johnny Depp, not to disclose any communications you've had with your client.
ADAM WALDMAN: No.
MS. BREDEHOFT: So, just so we're clear, since we had a little bit of record back and forth, the only way in which you represent Mr. Depp is as an attorney-client representation; is that correct? I'm sorry, Mr. Waldman?
ADAM WALDMAN: I believe that's true.
MS. BREDEHOFT: Okay. And you are here today providing this deposition under subpoena and then subsequent notice, correct?
ADAM WALDMAN: Yes.
MS. BREDEHOFT: And when did you first become Mr. Depp's counsel?
ADAM WALDMAN: I think it was around October 2016.
MS. BREDEHOFT: And what is your role in this case as counsel for Mr. Depp?
ADAM WALDMAN: Okay. I'll follow the instruction.
MS. BREDEHOFT: When did you first meet Mr. Depp, as opposed to first start representing him?
ADAM WALDMAN: I first met him in October of 2016.
MS. BREDEHOFT: How is it you came to meet Mr. Depp?
ADAM WALDMAN: The general counsel that I referenced a moment ago asked me to go and have a meeting with him, with Mr. Depp, and to talk about a financial problem that he was having.
MS. BREDEHOFT: Did you enter into a written l representation agreement with Mr. Depp when you ! 13 began your representation?
ADAM WALDMAN: Okay. I will follow the instruction.
MS. BREDEHOFT: Have you entered into more than one representation agreement with Mr. Depp during the course of your representation?
MR. CHEW: Same instruction not to answer. Can't answer that without disclosing attorney-client communications and attorney work product.
MS. BREDEHOFT: Mr. Waldman, when did you consider your attorney-client relationship with Mr. Depp to have begun?
ADAM WALDMAN: I believe it began the night I met him, actually.
MS. BREDEHOFT: Sometime in October 2016?
ADAM WALDMAN: Yes, ma'am j l O
MS. BREDEHOFT: Has the relation -- has the attorney-client relationship between you and Mr. Depp been severed at any point between October 2016 and the present?
MR. CHEW: I would instruct the witness not to answer that question on the grounds that you can't answer that question without disclosing attorney-client communications.
ADAM WALDMAN: Okay. I accept the instruction.
MS. BREDEHOFT: As Mr. Depp's attorney, you have a -- you have provided him with advice; is that fair to say?
ADAM WALDMAN: That's correct.
MS. BREDEHOFT: And you have charged Mr. Depp for your advice, correct?
MR. CHEW: I would instruct the witness not to answer that question. You can't answer that without disclosing attorney-client communications. And the fee arrangement, in any event, is irrelevant. But I'm instructing him not to answer on the grounds of privilege.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Mr. Waldman, when you provide legal services in an attorney-client relationship, your understanding of that is that you provide advice and your client, in tum, compensates you in some manner.
MS. BREDEHOFT: Would that be fair to say?
ADAM WALDMAN: Yes, as a general matter, that's how I understand an attorney-client relationship, yes.
MS. BREDEHOFT: And has Mr. Depp paid you for your advice?
MR. CHEW: I would instruct -- I do instruct the witness not to answer on the grounds of attorney-client privilege. You can't answer that question without disclosing your communications with Mr. Depp.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Well, let's go general again, and see if maybe we can work it from that perspective.
MS. BREDEHOFT: So, in your relationship with your clients, you provide advice and it's up to the client to determine whether to follow that advice; would that be fair to say?
ADAM WALDMAN: As a general matter, I do agree with that statement, yes.
MS. BREDEHOFT: All right. And by the same token, it would be up to the client to determine whether to reject your advice, in whole or in part, correct?
MS. BREDEHOFT: Correct.
ADAM WALDMAN: In general, yes.
MS. BREDEHOFT: Okay. Did you, in your relationship with Mr. Depp, I'm talking about your attorney-client relationship, deviate from those principles that, in some way, Mr. Depp is not I permitted to follow or reject your advice?
MR. CHEW: I would instruct the witness not to answer the question based on attorney-client privilege.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Now, Mr. Depp has the right to terminate your representation at any time; is that correct?
ADAM WALDMAN: Yes, I think it's true.
MS. BREDEHOFT: I think --
ADAM WALDMAN: He would be free to terminate it at any time.
MS. BREDEHOFT: My apologies, Mr. Waldman. I didn't realize you were still talking.
MS. BREDEHOFT: Did you finish?
ADAM WALDMAN: Yes, I did. Thank you.
MS. BREDEHOFT: Now, has Mr. Depp terminated your representation of him at any time between October 2016 and the present?
MR. CHEW: That's the same question that I instructed Mr. Waldman not to answer before, just stated in a slightly different way. So I instruct the witness not to answer that question.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: And Mr. Depp, as the client in your relationship, is in the position to make the final decision, regardless of your advice; would you agree?
MR. CHEW: Well, I know he can't answer that question without disclosing communications with Mr. Depp. So I instruct the witness not to answer.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Mr. Waldman, if you were advising a client in an attorney-client relationship and you were in settlement negotiations, would it be you or the client who has the ultimate decision-making ability?
ADAM WALDMAN: But to speculate about the question, yes, generally, the client would be responsible for deciding, you know, the ultimate outcome of a settlement, yes.
MS. BREDEHOFT: Now, you met Mr. Depp after he and Amber Heard had split up; is that correct?
ADAM WALDMAN: That's correct.
MS. BREDEHOFT: And you met Mr. Depp after he and Amber Heard had reached a settlement in their divorce; is that correct?
ADAM WALDMAN: That's my understanding.
MS. BREDEHOFT: So you have no personal knowledge of anything that went down during their marriage; is that fair to say?
ADAM WALDMAN: Well, it depends what you mean by "personal knowledge." I wasn't there, if that's what you mean, correct.
MS. BREDEHOFT: You never witnessed any interaction between Mr. Depp and Amber Heard prior to October 2016; is that correct?
ADAM WALDMAN: That's correct.
MS. BREDEHOFT: And you have no personal knowledge of any conduct by either of them against the other prior to October 2016; is that correct?
ADAM WALDMAN: Again, if you're asking me do I have any knowledge of their conduct, I think I have knowledge of their conduct. Maybe you're asking me did I witness conduct.
MS. BREDEHOFT: I'm asking you your personal knowledge, which would mean you would have had to have witnessed it.
ADAM WALDMAN: If you're asking whether I've witnessed it, the answer is no.
MS. BREDEHOFT: Now, your initial knowledge of the relationship between Mr. Depp and Ms. Heard was based on your interviews with Mr. Depp; would that be fair to say?
MR. CHEW: I would instruct the witness not to answer that question because he can't even answer yes or no without disclosing the substance of communications with his client, Mr. Depp.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Once you came into Mr. Depp's life and became his counsel, Mr. Depp filed, with your assistance, a number of lawsuits; would you agree?
ADAM WALDMAN: Yes.
MS. BREDEHOFT: Did Mr. Depp terminate Tracey Jacobs as his agent before or after you became Mr. Depp's counsel?
MR. CHEW: Mr. Waldman, I would instruct you not to answer that question if doing so would require you to disclose any communications you had with Mr. Depp.
ADAM WALDMAN: It would.
MS. BREDEHOFT: How long had Tracey Jacobs been Mr. Depp's agent at the time Mr. Depp terminated Tracey Jacobs?
MR. CHEW: And, again, Adam, same instruction. To the extent that answering the question requires you to disclose communications that you had with Mr. Depp, I would instruct you not to answer the question.
ADAM WALDMAN: It would.
MS. BREDEHOFT: Was it Mr. Depp's decision to terminate ! Tracey Jacobs?
MR. CHEW: Again, I would instruct you not to answer that question because that could only have come from Mr. Depp, in a communication with you.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: After you began representing Mr. Depp, Mr. Depp filed a lawsuit against Joel Mandel, Mr. Depp's former business manager, correct?
ADAM WALDMAN: That's correct.
MS. BREDEHOFT: And you represented Mr. Depp in that lawsuit against Joel Mandel and his company; did you not?
ADAM WALDMAN: I did.
MS. BREDEHOFT: But it was Mr. Depp's decision on O whether to file the lawsuit against Mr. Mandel and his company; would you agree?
MR. CHEW: I would instruct the witness not to answer that question because it would require communication -- disclosure of communications between Mr. Depp and Mr. Waldman as to who was advising who as to filing the case against TMG and the Mandel brothers. So I would instruct you not to answer that.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did Mr. Depp have the ultimate decision-making ability with respect to the lawsuit against Mr. Mandel and his company?
MR. CHEW: And, again, I would instruct you not to answer to the extent it requires you to disclose attorney-client communication.
ADAM WALDMAN: It would.
MS. BREDEHOFT: After you began representing Mr. Depp, Mr. Depp filed a lawsuit against Jake Bloom, Mr. Depp's former attorney, correct?
ADAM WALDMAN: That's correct.
MS. BREDEHOFT: And you represented Mr. Depp in that O lawsuit against Jake Bloom and his law firm; did you not?
ADAM WALDMAN: I did
MS. BREDEHOFT: But it was Mr. Depp's decision on whether to file the lawsuit against Mr. Bloom and his law firm; is that correct?
MR. CHEW: Again, I would instruct the witness not to answer to the extent it requires him to disclose attorney-client communications.
ADAM WALDMAN: It would.
MS. BREDEHOFT: And Mr. Depp, though, was the ultimate decision-maker in connection with any decisions made in the litigation against Mr. Bloom and his law firm; would you agree?
MR. CHEW: Same instruction not to answer. It's basically the same question, gussied up a bit, so same instruction not to answer.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: After you began representing Mr. Depp, Mr. Depp filed a lawsuit against The Sun newspaper and its editor-in-chief, Dan Wootton, correct?
ADAM WALDMAN: Correct.
MS. BREDEHOFT: For purposes of this deposition, I may refer to the lawsuit against The Sun and its editor, Dan Wootton as the "U.K. lawsuit," or the "U.K. litigation."
MS. BREDEHOFT: Would you understand those references to mean this?
ADAM WALDMAN: I will.
MS. BREDEHOFT: What was your role in the U.K. litigation?
MR. CHEW: I would instruct the witness not to answer that question because it necessarily requires him, or would require him to disclose his communications with his client, Johnny Depp.
ADAM WALDMAN: It would.
MS. BREDEHOFT: You represented Mr. Depp through the U.K. litigation, correct?
ADAM WALDMAN: I did.
MS. BREDEHOFT: And Mr. Depp alleged, in the U.K. litigation, that The Sun and Dan Wootton had committed libel by accusing Mr. Depp of being a "wife beater" and committing domestic violence against Amber Heard, correct?
ADAM WALDMAN: That's true.
MS. BREDEHOFT: It was Mr. Depp's decision on whether to bring the U.K. lawsuit against The Sun and Dan Wootton, correct?
MR. CHEW: Again, I would instruct the witness not to answer any -- I would instruct him not to answer because it, of course, would require him to disclose attorney-client communications as to the thought process that went into filing that particular lawsuit.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: After you began representing Mr. Depp, 'I Mr. Depp filed suit against Amber Heard, his former wife, correct?
ADAM WALDMAN: That's correct.
MS. BREDEHOFT: And you represented Mr. Depp in the lawsuit against Amber Heard from March 1, 2019, up until October of 2020; is that correct?
ADAM WALDMAN: Yes.
MS. BREDEHOFT: And it was Mr. Depp's decision on whether to file the lawsuit against Amber Heard; l O is that correct?
MR. CHEW: I would instruct the witness not to answer that question based on ! 13 attorney-client privilege.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: And Mr. Depp is alleging, in this lawsuit, that Amber Heard defamed him by suggesting that he had committed domestic abuse against her, correct?
ADAM WALDMAN: Yes.
MS. BREDEHOFT: As part of your representation of ,21 Mr. Depp, you contacted potential witnesses; is that correct?
MR. CHEW: Again, I would -- that is attorney work product and that is protected in Virginia. So I would object on that basis.
ADAM WALDMAN: Yes.
MS. BREDEHOFT: You also spoke with the press on Mr. Depp's behalf; did you not?
MR. CHEW: And I would instruct the witness not to answer to the extent that it requires disclosure of any communications between yourself and Mr. Depp.
ADAM WALDMAN: It would.
MS. BREDEHOFT: And, therefore?
ADAM WALDMAN: And therefore I accept the instruction.
MS. BREDEHOFT: How frequently did you communicate with the press on Mr. Depp's behalf?
MR. CHEW: I would instruct the witness not to answer that question because it's impossible to do so without disclosing attorney-client privilege.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Why did you communicate with the press?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: What were you hoping to gain?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: You remain Mr. Depp's primary counsel O for all of his affairs; isn't that correct?
MR. CHEW: I -- I'm going to instruct the witness not to answer that because I don't think you can answer that without disclosing your communications with Mr. Depp, and we have to be consistent.
ADAM WALDMAN: That's true.
ADAM WALDMAN: And I accept the instruction.
MS. BREDEHOFT: Mr. Waldman, I'm going to ask you to take a look at what has been marked as Exhibit Number 3.
MS. BREDEHOFT: Did there come a time, in 2018, that you contacted Rolling Stone about writing an article about Mr. Depp?
MR. CHEW: And to the extent that you cannot answer it without disclosing communications with Mr. Depp, I would instruct you not to answer.
ADAM WALDMAN: I think it would implicate communications with Mr. Depp, so I accept the instruction.
MS. BREDEHOFT: The author of this article, which was published on June 21, 2018, is Stephen Rodrick.
MS. BREDEHOFT: Were you present when Mr. Rodrick interviewed Mr. Depp?
ADAM WALDMAN: It's not yes or no. I was there for some of it.
MS. BREDEHOFT: Okay. Was the Rolling Stone interview before or after Mr. Depp filed suit against The Sun and Dan Wootton?
ADAM WALDMAN: I'm not sure.
MS. BREDEHOFT: Do you recall whether the publication of this Rolling Stone article was before or after Mr. Depp filed the lawsuit against The Sun and Dan Wootton.
ADAM WALDMAN: I don't.
MS. BREDEHOFT: I'm going to ask you to take a look at ,4 page 10. It says, on page 10, it was Adam Waldman I who first contacted Rolling Stone about writing the story about the injustice being done to Depp's reputation and bottom line. Is Do you see that?
ADAM WALDMAN: I do.
MS. BREDEHOFT: Before you go there, Mr. Waldman, I asked you a question.
MS. BREDEHOFT: Mr. Waldman, I just read that and said, can you see that? Can you answer that question?
ADAM WALDMAN: I thought I answered yes, but, yes, ma'am.
MS. BREDEHOFT: Okay. Thank you very much. And is that an accurate statement?
ADAM WALDMAN: No.
MS. BREDEHOFT: What is inaccurate about it?
ADAM WALDMAN: It says it was Adam Waldman who first I contacted Rolling Stone. That's incorrect.
MS. BREDEHOFT: What is correct?
ADAM WALDMAN: What is correct is that I was not the first to contact Rolling Stone.
MS. BREDEHOFT: Who first contacted Rolling Stone?
ADAM WALDMAN: Mr. Depp.
MS. BREDEHOFT: I'm going to ask the question now standing.
MS. BREDEHOFT: Why did Mr. Depp contact the Rolling Stone?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did Mr. Depp authorize you to have communications with Rolling Stone to set up this interview?
MR. CHEW: I instruct you not to answer that question, on the grounds of attorney-client privilege.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you assist Mr. Depp with publicity on Mr. Depp's behalf?
MR. CHEW: I would instruct -- I would instruct you not to answer on the grounds of attorney-client communications.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: In your view, does assisting Mr. Depp with publicity constitute legal work?
MR. CHEW: The witness has already testified he had one engagement for Mr. Depp and that was a legal engagement. So I'm going to instruct him not to answer any questions about his communications with Mr. Depp.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: In participating in the interview with Rolling Stone, were you speaking on Mr. Depp's behalf?
MR. CHEW: And I'm going to instruct not to answer because, again, I don't think you can answer that question without disclosing your communications with Mr. Depp about authority.
MS. BREDEHOFT: It was Mr. Depp's choice whether you said anything to the press relating to Mr. Depp; would you agree?
ADAM WALDMAN: I accept.
MS. BREDEHOFT: Mr. Waldman, you reached out to a I number of other publications to speak on Mr. Depp's behalf; do you recall?
MR. CHEW: Again, I would instruct not to answer to the extent it requires you to disclose communications that you had with Mr. Depp.
ADAM WALDMAN: It would.
ADAM WALDMAN: And I accept the instruction.
MS. BREDEHOFT: How many publications did you communicate with on behalf of Mr. Depp?
MR. CHEW: Same instruction not to answer, based on attorney-client privilege and attorney-client work product.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: How many publications did you reach out to on Mr. Depp's behalf relating to the U.K. litigation?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: How many publications did you reach out to on Mr. Depp's behalf relating to this litigation?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: How many publications did you reach out to concerning allegations that Mr. Depp had abused Amber Heard?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Mr. Waldman, you had a Twitter account; I did you not?
ADAM WALDMAN: I did.
MS. BREDEHOFT: When did you begin that Twitter I account?
ADAM WALDMAN: I'm not sure of the date.
MS. BREDEHOFT: Approximately, when?
ADAM WALDMAN: I'm not even sure of the year.
MS. BREDEHOFT: Was it prior to 2005, 2010, 2015?
ADAM WALDMAN: Do you want me to speculate?
MS. BREDEHOFT: I want you to give me your best estimate.
ADAM WALDMAN: Okay. I'm really not sure of the year. I couldn't put a specific date on it.
MS. BREDEHOFT: Do you recall --
ADAM WALDMAN: If you want me to give ranges, I can try.
MS. BREDEHOFT: Do you recall how many years you had a Twitter account?
ADAM WALDMAN: Not precisely, no.
MS. BREDEHOFT: Was it more than a year?
ADAM WALDMAN: I think so.
MS. BREDEHOFT: Was it more than three years?
ADAM WALDMAN: I don't think so.
MS. BREDEHOFT: Now, you had your Twitter account suspended, correct?
ADAM WALDMAN: Yes, that's true. My Twitter account was suspended.
MS. BREDEHOFT: Do you recall when that was?
ADAM WALDMAN: Not with specificity, no.
MS. BREDEHOFT: Do you recall why?
ADAM WALDMAN: Well, I wrote several letters to Twitter to ask why I was suspended for life from their platform, and the response that I received was multiple violations of their policy. So I asked, could they name one example of those multiple violations, and they responded by saying now they were appealing, without my asking them to do so, my suspension. And that's when they sent me another note saying I was suspended for life.
MS. BREDEHOFT: So just so the record's clear, so you have been suspended for life by Twitter?
ADAM WALDMAN: Yes.
MS. BREDEHOFT: Okay. Do you have a Twitter account now?
ADAM WALDMAN: No.
MS. BREDEHOFT: Do you still communicate with the press relating to Mr. Depp?
MR. CHEW: And I would instruct the witness not to answer to the extent that it requires you to disclose communications between you and Johnny.
ADAM WALDMAN: It would.
ADAM WALDMAN: So I accept the instruction.
MS. BREDEHOFT: Did you still communicate with the press on Mr. Depp's behalf?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Has Mr. Depp asked you not to speak to the press?
MR. CHEW: Same objection. Same grounds. On its face, it would require Mr. Depp -- Mr. Waldman to disclose his communications with Mr. Depp, which he will not do.
ADAM WALDMAN: It would.
ADAM WALDMAN: And I accept the instruction.
MS. BREDEHOFT: Would you have followed Mr. Depp's direction if he had asked you not to speak to the press?
MR. CHEW: I will instruct the witness not to answer because it's a bend around attorney-client privilege. Clever, but I'm going - to instruct the witness not to answer.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Has Mr. Depp ever asked you not to speak to the press about issues involving he and Amber Heard?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Would you have followed Mr. Depp's direction if he had asked you not to speak with the press about issues involving he and Amber Heard?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Has Mr. Depp ever asked you to correct or retract any statements you made to the press relating to Mr. Depp or Mr. Heard -- or Amber Heard?
MR. CHEW: Would instruct the witness not to answer, on the grounds of attorney-client privilege.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Would you have followed Mr. Depp's direction if he had asked you to correct or retract any statements you made to the press relating to Mr. Depp or Amber Heard?
ADAM WALDMAN: And I accept the instruction.
MS. BREDEHOFT: Have you ever asked the press to correct or retract any statements you have made to the press relating to Mr. Depp or Amber Heard?
ADAM WALDMAN: I want to make sure. I understand the instruction. Are you saying instruct not to answer in the event it implicates privileged conversations with Mr. Depp?
ADAM WALDMAN: Okay. Thank you. I understand.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Mr. Waldman, I'm going to ask you to take a look at what has been marked as Exhibit Number 4. And I'm going to blow it up just a touch because it's kind of hard to read. And it's an article July 3, 2020, mail online, this is Daily Mail online.
MS. BREDEHOFT: Do you see that?
ADAM WALDMAN: I do.
MS. BREDEHOFT: Actually, I'm just going to go to page 8. I'm going to ask you to take a look at the following that says "Adam Waldman, Depp's lawyer, said afterwards 'Amber Heard and her friends in the media use fake sexual violence allegations as both a sword and a shield, depending on their needs. They have selected some of her sexual violence hoax facts as the sword and inflicting them on the public and Mr. Depp'."
MS. BREDEHOFT: Do you see that?
ADAM WALDMAN: I do.
MS. BREDEHOFT: Did you make that statement?
ADAM WALDMAN: I believe I did.
MS. BREDEHOFT: Did you make that statement on behalf of Mr. Depp?
MR. CHEW: I would instruct the witness I Is I l not to answer that question, on attorney-client privilege grounds.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Why did you make the statement?
MR. CHEW: Same instruction. Same rationale. You can't answer the why question ;, s without disclosing attorney-client privilege. So I would instruct you not to answer.
MS. BREDEHOFT: Were you representing Mr. Depp at the time you made this statement?
MR. CHEW: In any event, I'm going to instruct the witness not to answer that question, on attorney-client privilege grounds.
ADAM WALDMAN: I apologize. I actually didn't hear the question. I can agree with the instruction, but I probably should get the question.
MS. BREDEHOFT: Amy, can you read that back, please. Thank you.
ADAM WALDMAN: Thank you.s I
ADAM WALDMAN: I accept the instruction. Sorry for I 6 the repetition.
MS. BREDEHOFT: Did you discuss this statement with Mr. Depp before making this statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you discuss the statement with Mr. Depp after making this statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Was Mr. Depp aware, either before or after, that you were making this statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you make this statement with Mr. Depp's authorization or disagreement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Was Mr. Depp aware that you were speaking with the press?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did Mr. Depp ever ask you to retract or IO correct this statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: If Mr. Depp had asked you to retract or correct the statement, would you have retracted or corrected it?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: If Mr. Depp had told you that the statement was not correct, would you have corrected or retracted it?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you rely upon any statements or evidence from Mr. Depp in making this statement?
ADAM WALDMAN: Yes, I accept the instruction.
MS. BREDEHOFT: And if you could bring IO up Exhibit Number 5.
MS. BREDEHOFT: Mr. Waldman, I'm going to be asking you a question about a specific statement in this one. If you would like to read the article first, you're certainly at liberty to, and you can take control now and do that.
ADAM WALDMAN: Thank you. I will.
MS. BREDEHOFT: It says -- and this is -- I guess, I didn't set the stage here. This was the Daily Mail published on July 3rd, 2020. And I'm going to now direct your attention to page 9. Depp's lawyer, Adam Waldman, said that various discrepancies prove that nothing Heard and her friends said about the events of May 21, 2016, can be credible. Do you see that?
MS. BREDEHOFT: Then I'm going to direct your attention, Mr. Waldman, to the next statement. "Quite simply, this was an ambush, a hoax. They set Mr. Depp up by calling the cops, but the first attempt didn't do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber Heard and her friends spilled a little wine and roughed the place up, got their stories straight under the direction of a lawyer and then placed a second call to 911." Do you see that statement?
ADAM WALDMAN: I do.
MS. BREDEHOFT: Did you make those statements?
ADAM WALDMAN: There are two parts to what you've shown me. The first part didn't have quotation marks around it
MS. BREDEHOFT: And I'm not asking about that.
ADAM WALDMAN: Okay. Where it says "nothing could be considered credible," that's not quoting me. The part with the quote marks, I believe I said that, yes.
MS. BREDEHOFT: So starting from "quite simply" through ls "911," you stated all that; is that correct?
ADAM WALDMAN: Yes, I believe so.
MS. BREDEHOFT: Okay. Did you make this -- these statements on Mr. Depp's behalf?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Why did you make these states?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: What were you trying to convey to the I press making these statements?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you discuss this statement with Mr. Depp before making these statements?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you discuss these statements with Mr. Depp following making these statements?
ADAM WALDMAN: Yes, I accept the instruction.
MS. BREDEHOFT: Was Mr. Depp aware, either before or after, that you were making these statements?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you make these statements with Mr. Depp's authorization or agreement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Was Mr. Depp aware you were speaking with the press? 9 98 !
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did Mr. Depp ever ask you to retract or correct these statements?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: If Mr. Depp had asked you to retract or correct these statements, would you have retracted or corrected them? basis.
MR. CHEW: Same instruction. Same I accept the instruction. If Mr. Depp had told you these statements were not correct, would you have corrected and retracted them?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you rely upon any statements or evidence from Mr. Depp in making these statements?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Mr. Waldman, I'm going to ask you to
MR. CHEW: Same instruction. Same ! 5 take a look at Exhibit Number 6. This was another l Daily Mail online, July 3, 2020. And if you would like to go ahead and read the article, this would be a good time to do it.
ADAM WALDMAN: Thank you.
MS. BREDEHOFT: Mr. Waldman, we were looking at Waldman Exhibit Number 6 and it is the Daily Mail from July -- just lost it there, but July 3rd, 2020, and you were going to scroll through it, and I think we had some technical difficulty, so we took a break.
MS. BREDEHOFT: Have you had an opportunity to review I it or do you need to now? \19
ADAM WALDMAN: No, Ms. Bredehoft, I just saw the screen for the first time. So may I read it now?
MS. BREDEHOFT: Absolutely. I'm going to ask you to turn to what is the 11th page, the last page you just finished reading, and I'm going to direct your attention to some specific words that are attributed to you.
MS. BREDEHOFT: I Do you see where it says "Depp's attorney, Adam Waldman, said" right there?
ADAM WALDMAN: I do.
MS. BREDEHOFT: Do you see "Depp's attorney, Adam Is Waldman, said"?
MS. BREDEHOFT: Do you see that there, Mr. Waldman?
ADAM WALDMAN: I do.
MS. BREDEHOFT: And then I'm going to direct your attention to, specifically, the end of Ms. Beard's abuse hoax against Johnny Depp. Do you see that?
ADAM WALDMAN: I do.
MS. BREDEHOFT: Did you speak the words "the end of Ms. Beard's abuse hoax against Johnny Depp"?
ADAM WALDMAN: I'm not sure. It appears, as I look at this, that there are quote marks around the statement, and that suggests that I did. I don't remember saying these particular words, but it appears so.
MS. BREDEHOFT: Do you have any reason to believe that you did not say "the end of Ms. Beard's abuse hoax against Johnny Depp"?
ADAM WALDMAN: No, I have no reason to. No reason to doubt that.
MS. BREDEHOFT: What was -- were you representing Mr. Depp at the time you made this statement? I'm going to refer to it as a "statement." I'm taking specific words "Ms. Beard's abuse hoax against Johnny Depp."
MS. BREDEHOFT: Were you representing Mr. Depp at the time you made the statement that included Ms. Beard's abuse hoax against Johnny Depp?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Why did you make this statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: What were you trying to convey to the " G" ------- ------- ----------G press in making this statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you make this statement on Mr. Depp's behalf?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you discuss this with Mr. Depp before making the statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you discuss this statement with Mr. Depp following making the statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Was Mr. Depp aware, either before or after, that you were making this statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did you make the statement with b I Mr. Depp's authorization or agreement? ,5
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Was Mr. Depp aware you were speaking with the press?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: Did Mr. Depp ever ask you to retract or correct this statement?
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: If Mr. Depp had asked you to retract or ! 19 correct this statement, would you have done so?
ADAM WALDMAN: I accept the instruction. G G
MS. BREDEHOFT: Mr. Waldman, I'm going to ask you to take a look at what has been marked as Deposition Exhibit Number 11. And if you want to take a moment, I'm going to try to make it -- Mr. Waldman, I'm going to ask you -- it's kind of two and a half pages. Go ahead and take a moment to review it, and then I'm going to ask you some questions.
ADAM WALDMAN: Thank you. Okay. Ito . Thank you; I've read it.
MS. BREDEHOFT: Okay. So directing your attention to Exhibit Number 11. So I'll -- because there's a number of these, so maybe we can clear it up right from the start. So we have conversation -- if you look at the top. Conversation, six messages, three parties, over 209 minutes. And it has -- this first one, it has a date and a time, and it has a telephone number. Do you see that?
ADAM WALDMAN: I do.
MS. BREDEHOFT: Okay. And then it has some email messages, or text messages. It looks like it starts with Keith Bishop.
MS. BREDEHOFT: Do you know who Keith Bishop is?
ADAM WALDMAN: I do.
MS. BREDEHOFT: And who is he?
ADAM WALDMAN: Keith Bishop is a publicist who lives in London.
MS. BREDEHOFT: For what publication?
ADAM WALDMAN: Oh, no. He's a publicist, he's an advisor on media.
MS. BREDEHOFT: I see. Did you -- at any times, did you or Mr. Depp ever employ Keith Bishop in any kind of public relations role?
MR. CHEW: Mr. Waldman, I would instruct you not to answer any -- I would instruct you not to answer the question to the extent that it would require you to disclose any communication you had with Johnny, either receiving or giving.
ADAM WALDMAN: I would not be able to answer without doing so, so I accept the instruction.
MS. BREDEHOFT: Okay. And then Mr. Bishop says, and this is on 12/8/2020, Adam, I can confirm a meeting with The Mail Online for Monday, 17th February at 10 a.m.
MS. BREDEHOFT: Do you see that?
ADAM WALDMAN: I do.
MS. BREDEHOFT: So did you, in fact, have a meeting with The Mail Online on 17 February?
ADAM WALDMAN: I couldn't say, sitting here now, definitively, that we met on Monday, 17th of February, no. But I see this, and it wouldn't surprise me if we had
MS. BREDEHOFT: And was Mr. Depp with you when you had the meeting?
ADAM WALDMAN: I believe Mr. Depp was with me when we had this meeting.
MS. BREDEHOFT: And you were representing Mr. Depp at the time, correct?
MR. CHEW: I would instruct the witness not to answer that question based on attorney-client privilege.
ADAM WALDMAN: I accept the instruction.
MS. BREDEHOFT: When did you obtain the audiotape that you're referencing in this text message?
MR. CHEW: And I would instruct you not I to answer the question to the extent it would require you to disclose any communications you had with Mr. Depp, your client.
ADAM WALDMAN: It would.
ADAM WALDMAN: And, so, I won't be able to answer the ! question.
MS. BREDEHOFT: What tape did you provide to The Mail ! Online, the Daily Mail?
ADAM WALDMAN: Are you asking - forgive me. In this ! 10 instance, relating to this text?
MS. BREDEHOFT: Yes.
ADAM WALDMAN: My recollection is that I gave a pair of audiotapes, actually, to them. Whether that occurred sequentially or at the same time, I don't remember, but I provided them two tapes.
MS. BREDEHOFT: What training have you had in domestic l violence?
ADAM WALDMAN: None.
MS. BREDEHOFT: Have you ever represented any clients who have either been accused of domestic violence or -- or had domestic violence committed on them, other than Mr. Depp?
ADAM WALDMAN: No.
MR. ROTTENBORN: Of course, you never saw any, as you ; 6 would say, element or elements that Ms. Heard claimed, right?
ADAM WALDMAN: I never saw any element or elements of things she claimed Do you mean did I ever see evidence with my own eyes that something she was saying was false?
MR. ROTTENBORN: Yes.
ADAM WALDMAN: Yes, to some extent, I have seen some I things that show her statements to be false.
MR. ROTTENBORN: Before we get there, as best you can recall today, who are the eyewitnesses that you -- among the 29 or so that you referred to in the text to Christian Carino, that you believe disprove Ms. Heard's evidence of abuse by Johnny Depp?
ADAM WALDMAN: Okay. Good It's also probably easier to answer by taking a particular incident, rather than just thinking of names of people. So maybe this is a good illustration that is a helpful answer.
ADAM WALDMAN: On May 21st, 2016, and I always view this as one of her central claims. It was the one she put on the cover of People magazine. It's the one she led with when she went to get the temporary restraining order. The phone-to-the-face incident on May 21st, 2016. That's her claim. And that she was beaten - further beaten by some appendage of Mr. Depp in the face, and her hair was pulled, she showed up on the 27th in court with a lot of bruises on her face.
ADAM WALDMAN: So, there are two police officers; one domestic-violence-trained female police officer, who testified over and over and over that there was no damage to the penthouse, which Ms. Heard claimed was destroyed. That's a direct quote, "destroyed."
ADAM WALDMAN: There are, what I can think of, nine other witnesses, the majority of whom are either neutral or actually -- well, Ms. Heard's own witnesses, who have testified in various forms, at various times, that there were no injuries to her face whatsoever between the 21st and the 27th, when suddenly there are bruises.
MR. ROTTENBORN: Who are those nine?
ADAM WALDMAN: Let's see. Laura Divenere, Melanie Inglessis, Amber's own primary makeup artist. Laura Divenere was Ms. Heard's assistant and decorator and now works for Elon Musk. Hilda Vargas, Mr. Depp and Ms. Heard's, at the time, housekeeper. Samantha McMillen, who was Ms. Heard's and Mr. Depp's stylist and good friend to Ms. Heard. Isaac Baruch, Ms. Heard's and Mr. Depp's friend, close friend, and Ms. Heard's neighbor in the penthouses.
MR. ROTTENBORN: Okay.
ADAM WALDMAN: Okay. So continuing on, the witnesses -- a list of some witnesses to the 21st, to her claims of violence and damage to the apartment.
ADAM WALDMAN: Trinity Esparza, who was head of the concierge desk at Eastern Columbia Building, and a friend of Ms. Heard's also. Cornelius Harrell, who I think also worked for the concierge desk, or, in any event, worked for the Eastern Columbia Building and met with Ms. Heard on the 22nd of May, which meeting was captured on CCTV also, Alejandro Romero, who I believe is head of security at the Eastern Columbia Building. And I think Brandon Patterson also testified about the absence of bruises. And I should even distinguish -- because we're talking about the notion of a hoax.
ADAM WALDMAN: I should distinguish these people specifically have given testimony that she was -- Ms. Heard was uninjured between the 21st of May and up to, perhaps, the 25th or 26th of May, and then, of course, she appeared bruised again on the 27th. Some of them have testified that even after the 27th they were with her and that she appeared -- and that she appeared bruised. But during that period between the 21st and 27th, I'm not sure if I've listed nine plus
MR. ROTTENBORN: Can you please pull up just the document labeled ARW 660, please.
MR. ROTTENBORN: But you do believe that the pictures and videos Marilyn Manson sent you helped disprove Is Ms. Beard's allegations, correct?
ADAM WALDMAN: As to that - as to that incident, Thanksgiving, perhaps 2013, I think those - I think those videos and photographs, yes, ;12 demolished her claim
MR. ROTTENBORN: Have you communicated with other social media users about this case, other than public messaging platforms? Let me ask that differently. Have you communicated privately with other social media users about this case?
ADAM WALDMAN: Other social - I want to make sure I'm precise. Other social media users?
MR. ROTTENBORN: Yes.
ADAM WALDMAN: That would - that group would include almost everybody on earth.
MR. ROTTENBORN: Have you provided information about this case to other social media personalities who then post that information?
ADAM WALDMAN: I've provided information episodically to what I would - what I would call Internet journalists, and I'll define that as journalists who are not facilitated with, you mentioned, I think, NBC a moment ago, or a mainstream media outlet.
MR. ROTTENBORN: Have you communicated with a social media user that goes by the name "That Umbrella Guy"?
ADAM WALDMAN: I've had several phone calls with a person who goes by the name That Umbrella Guy. Don't actually know his real name.
MR. ROTTENBORN: Have you communicated with him other than through phone calls?
ADAM WALDMAN: I don't remember doing so, no.
MR. ROTTENBORN: What are other -- well, let me ask you this: Have you communicated, in a similar fashion, with someone on social media who goes by the name "ThatBrianFella"?
ADAM WALDMAN: Yes.
MR. ROTTENBORN: What about someone who goes by the name 'TheRealLauraB'?
ADAM WALDMAN: Yes.
MR. ROTTENBORN: And have you communicated, to those individuals listed, evidence that you believe suggests that Ms. Beard's allegations are hoaxes?
ADAM WALDMAN: I would say I communicate with the Internet journalists, because we put them in a category calling them, I've done that. Exactly the way I would communicate with mainstream media. If they have questions about evidence or the facts, you know, I'll inform them.
MR. ROTTENBORN: And have you -- when you communicate with them, do you do so -- you testified some by phone, correct?
ADAM WALDMAN: Yes.
MR. ROTTENBORN: Do you do so by text or messenger platform?
ADAM WALDMAN: Largely, I think, by phone. But if I communicated in writing, it would be probably by Signal.
MR. ROTTENBORN: Can you, please, pull up the exhibit ALHI 7001 to 2, please.
AV TECHNICIAN: On the screen is exhibit 24.
MR. ROTTENBORN: No, my question -- well, my first question is, is that, in that box, where it says I "first on-the-record statement from me regarding the body cam to RTL, Adam Waldman, Johnny Depp's attorney," is that a statement that you made to a German media outlet called RTL? In
ADAM WALDMAN: Yes.
MR. ROTTENBORN: And in that statement, you say that LAPD have now opened up a criminal investigation into perjury of Ms. Heard, correct?
ADAM WALDMAN: Yes.
MR. ROTTENBORN: Did you make a correction to RTL when l ! 17 you learned that the LAPD wasn't, in fact, investigating Ms. Heard for perjury?
ADAM WALDMAN: Well, the way you characterized it is not exactly what I would agree with. The LAPD told me that they were investigating the perjury claim at that time, then subsequently came the I statement, then came notification to LAPD that it was actually the LA Sheriff's Department that was investigating it. And that was the last I heard about it.
MR. ROTTENBORN: And who notified you from the LAPD that it was allegedly the sheriffs department that was investigating it?
ADAM WALDMAN: The same desk officer. When I say the "desk officer," I don't know if that's necessarily the job title.
MR. ROTTENBORN: How did you find his -- do you have his contact information?
ADAM WALDMAN: I don't think I do. I don't think, but I don't-well, I'm not sure.
MR. ROTTENBORN: I'm sorry if I asked you this. How did you come into contact with this desk officer?
ADAM WALDMAN: I brought a binder of information, including the statements that had been made and the evidence showing that those statements were false.
MR. ROTTENBORN: I In your view. So you took a binder to the LAPD and spoke to this desk officer?
ADAM WALDMAN: Correct
MR. ROTTENBORN: And was that the only time that you spoke to this person?
ADAM WALDMAN: The two times.
MR. ROTTENBORN: Were they both in person?
ADAM WALDMAN: Oh, maybe it's three - it's two or three times. No. No, two times were on the phone.
MR. ROTTENBORN: Was the first meeting in person, when you brought the binder?
ADAM WALDMAN: No. The first was on the telephone.
MR. ROTTENBORN: So the investigation was opened up at your request after you brought this binder to the desk officer; is that right?
ADAM WALDMAN: I didn't ask him to open an investigation. I filed a claim with the LAPD regarding these perjurious statements that Ms. Heard and her best friend, Rocky Pennington had made to a court
MR. ROTTENBORN: Was that a claim that you filed in writing?
ADAM WALDMAN: Yes.
MR. ROTTENBORN: Do you know whether that claim was produced as part of this, your document production in this case, because I certainly haven't seen it?
ADAM WALDMAN: I don't know that I ever received a copy of it. It was filed in writing with the LAPD, but I don't recall that I ever received a copy of it.
MR. ROTTENBORN: Did you draft it?
ADAM WALDMAN: No.
MR. ROTTENBORN: So what was -- you were talking to the desk officer and he was taking down notes? Is that the writing you're referring to?
ADAM WALDMAN: Yes.
MR. ROTTENBORN: Did you ever see this alleged written claim?
ADAM WALDMAN: Yes.
MR. ROTTENBORN: Did you sign it?
ADAM WALDMAN: I don't recall if I did.
MR. ROTTENBORN: Did you ever speak to anyone, other than your client, about this alleged perjury investigation, other than your client and the desk officer? ,2
ADAM WALDMAN: Well, I think this quote that you've - that you've shown me, to the media, would constitute speaking about it.
MR. ROTTENBORN: Did you ever hear anything more about I 6 this perjury investigation, to the extent it I 7 existed, from anyone, any other third party who s claimed that they had spoken to anyone in LAPD or the LA sheriffs office?
ADAM WALDMAN: No, I don't think so.
ADAM WALDMAN: I do.
ADAM WALDMAN: I do.
ADAM WALDMAN: Endeavor Law Firm.
ADAM WALDMAN: I think it was in 2007.
ADAM WALDMAN: It was I that did it
ADAM WALDMAN: I do.
ADAM WALDMAN: Managing member, I believe.
MR. CHEW: And it's none of our business who your clients are, but does the Endeavor Law Finn have other clients, other than Mr. Depp?
ADAM WALDMAN: Yes.
ADAM WALDMAN: I don't think so, no.
ADAM WALDMAN: I suppose the practice of law, in general, is legal training. But if I understand l your question correctly, no.
MR. CHEW: Fair point. Have you ever listed Johnny Depp as your employer on any filings with the IRS?
ADAM WALDMAN: Yes.
MS. BREDEHOFT: Object. Okay. I'll say, do you offer legal services to the general public?
ADAM WALDMAN: Probably not to the general public. But I offer legal services. I think that's your question.
THE COURT: All right. Yes, ma'am.