MR. SANDLER: MAY IT PLEASE THE COURT, MEMBERS OF THE JURY, IF I WERE TO SHOW YOU MY HAND AND ASK YOU IF YOU SEE IT, SOME OF WOULD SAY, SURE, I SEE YOUR HAND; BUT IN REALITY, YOU DON'T. YOU DON'T SEE MY HAND UNTIL I TURN IT ALL THE WAY AROUND. THEN AND ONLY THEN DO YOU SEE MY HAND.
SO LIKE THIS CASE, YOU HAVE NOT SEEN THIS CASE. ALL WE HAVE HEARD IS WHAT THE PROSECUTOR SAYS HE' S GOING TO PROVE.
NOW, AS THE JUDGE SAID, I AM PAUL SANDLER. I REPRESENT DAVID ROSEN. I AM JOINED BY MY COUSIN JOE SANDLER FROM WASHINGTON -- I AM FROM BALTIMORE -- AND MY FRIEND AND CO-COUNSEL MICHAEL DOYEN FROM LOS ANGELES.
TOGETHER, WE WOULD LIKE TO TELL YOU WHAT THIS CASE IS REALLY ABOUT. IT’S ABOUT DAVID ROSEN'S FIGHT AGAINST THE INJUSTICE OF HIS BEING WRONGFULLY ACCUSED OF SOMETHING HE NEVER DID. I WILL PROVE TO YOU IN THIS CASE HE IS INNOCENT. HE IS THE VICTIM, AN INNOCENT VICTIM, OF OTHER PEOPLE'S MOTIVES, AND I WILL PROVE THIS. I WILL PROVE TO YOU THAT DAVID ROSEN NEVER KNEW, NEVER KNEW THE COST OF THE PRODUCTION AND CONCERT EXPENSES FOR THIS HOLLYWOOD GALA.
AND WHY DIDN'T HE KNOW IT, FOLKS? THE EVIDENCE WILL SHOW HE DID NOT KNOW IT, BECAUSE THOSE COSTS WERE CONCEALED FROM HIM. THEY WERE HIDDEN FROM HIM BY TWO INDIVIDUALS: PETER PAUL, WHO YOU CAN SEE ON THE SCREEN, AND AARON TONKEN. THESE INDIVIDUALS -- REPRESENTING A COMPANY KNOWN AS STAN LEE MEDIA, THESE INDIVIDUALS PARTICIPATED WITH STAN LEE MEDIA IN UNDERWRITING, PAYING FOR THE COSTS OF THIS EVENT, AND THEY HAD THEIR OWN AGENDA.
DAVID ROSEN IN THIS CASE WAS A SALARIED EMPLOYEE; THE NATIONAL FUNDRAISING DIRECTOR OF THE HILLARY CLINTON CAMPAIGN. AT THE TIME HE WAS 33 YEARS OLD. THE EVIDENCE WILL SHOW, AND I WILL PROVE THIS TO YOU, HE GAINED NOT ONE PENNY FROM THIS UNDERREPORTING. HE WAS NOT THE PRESIDENT OF AN INTERNATIONAL GLOBAL COMPANY WHERE HE RAKED IN MILLIONS OF DOLLARS AND CAUSED OTHER PEOPLE, AS THE EVIDENCE WILL SHOW, TO LOSE THEIR JOBS. HE WAS NOT AN INDIVIDUAL WHO PROFITED AND HAS GREAT PENSION FUNDS.
I WILL PROVE TO YOU TODAY, HE HAS NO INCOME BECAUSE OF THIS. THIS CASE, I WILL PROVE TO YOU, IS NOT JUST A TRAVESTY BUT A BIZARRE TRAVESTY OF JUSTICE, AND I WILL ASK YOU, AND THE EVIDENCE WILL COMPEL YOU, TO RECTIFY THE SITUATION.
DAVID ROSEN NEVER SAW ANY OF THE COSTS THAT WERE AFFILIATED WITH THIS LARGER PART OF THE CONCERT PRODUCTION. I WILL PROVE IT TO YOU. SEEING IS BELIEVING. AS WE WALK THROUGH THE TRIAL TOGETHER, YOU WILL ASK YOURSELVES, BECAUSE -- AND I WILL REMIND YOU -- WHERE IS THE WRITING THAT MR. ROSEN IS SUPPOSED TO HAVE SEEN WHICH WOULD EDUCATE HIM ABOUT THE COSTS, IN TERMS OF THE CONCERT AND THE GALA EXPENSES?
NOW, IN TERMS OF THIS EVENT, AS THE PROSECUTOR ALLUDED, THERE WAS A CONCERT; THERE WAS A DINNER. IT WAS SEPARATE, SEPARATE PARTS OF THE EVENT AND DURING THE CONCERT THERE WAS A PRODUCER, AN INDIVIDUAL BY THE NAME OF GARY SMITH, WHO WAS THE HEAD PRODUCER FOR THIS CONCERT; AND I WILL EXPLAIN, AND THE EVIDENCE WILL POINT TO, WHAT HIS ROLE WAS AND HOW HE THEN HAD SOMEONE ELSE BY THE NAME OF BAUMRUCKER TAKE OVER THE PRODUCTION.
NOW, REMEMBER THE DINNER AND THE CONCERT WERE SEPARATE, ALTHOUGH IT WAS ONE EVENT. AND WHAT THE GOVERNMENT IS CLAIMING IS THAT DAVID ROSEN FAILED TO REPORT HUNDREDS OF THOUSANDS OF DOLLARS THAT WERE ATTRIBUTED TO PRODUCING THIS CONCERT.
WHERE IS THE PAPERWORK THAT SHOWS HE KNEW? HE DID NOT KNOW. IT WAS CONCEALED FROM HIM.
IN ADDITION TO DAVID ROSEN NOT MAKING ANY MONEY OFF OF THIS, I WILL PROVE TO YOU AND I WILL SAY TO YOU THAT THE GOVERNMENT MUST CONCEDE THIS POINT, FOLKS: THE HILLARY CLINTON CAMPAIGN GAINED NO ECONOMIC BENEFIT FROM THIS AT ALL. AND TO SAY THAT THE CAMPAIGN WAS COMING INTO A STRETCH AND MONEY WAS TIGHT AND THINGS WERE DESPERATE IS TO BE INACCURATE. I WILL PROVE THAT TO YOU.
SENATOR CLINTON, AT THAT TIME AND TODAY, AS WELL, IS AN INDIVIDUAL IN PUBLIC LIFE THAT HAS NO TROUBLE RAISING MONEY. THE COFFERS OF THAT TREASURE CHEST FOR HER SENATE CAMPAIGN WERE ROBUST. I WILL PROVE THAT TO YOU. THERE WAS NO DESPERATION. THOSE AREN'T THE FACTS IN THIS CASE.
AND, YES, THE FBI, AS THE PROSECUTOR SAID, WAS INTERVIEWED -- FOR YEARS DAVID ROSEN HAS BEEN TRAILED AND PLAYED. FOURTEEN FBI AGENTS SURROUNDED HIS HOME AND INVESTIGATED. THEY COME INTO HIS OFFICE AND THEY TAKE ALL HIS DOCUMENTS. HE DIDN'T DESTROY ANYTHING; HE HAD NOTHING TO HIDE. AND, YES, THE GOVERNMENT IS TRYING HARD TO PROVE ITS CASE.
WELL, YOU’RE GOING TO HEAR TESTIMONY FROM ONE OF HIS FRIENDS, A MR. JIM LEVIN. THE COURT WILL CALL HIM. AND THIS INDIVIDUAL IS GOING TO SAY, DAVID ROSEN AND I, WE KNEW ABOUT THIS, AND DAVID TOLD ME THAT HE WAS GOING TO HIDE THINGS AND WE’LL KEEP IT ALL SECRET. BUT THE -- YOU WON'T BELIEVE THAT, AND I WILL PROVE TO YOU THAT IT'S NOT CREDIBLE. THAT INDIVIDUAL, MR. JIM LEVIN, JUST TWO DAYS AGO SIGNED A PLEA AGREEMENT, BECAUSE HE HAS HIS OWN CRIMINAL PROBLEMS. AND IN ORDER TO GET BENEFIT FOR HIMSELF HE IS COMING TO COURT, AND HE WILL TALK TO YOU ABOUT WHAT DAVID ROSEN SUPPOSEDLY SAID TO HIM.
THAT’S THE TYPE OF EVIDENCE THAT YOU WILL HEAR FROM THE GOVERNMENT. BUT I WILL PROVE TO YOU, THROUGH OUR WITNESSES, THAT DAVID ROSEN IS INNOCENT. AND I WILL TELL YOU THIS: DAVID ROSEN WILL TESTIFY. I AM PLEDGING THAT TO YOU NOW. HE WILL COME TO THE WITNESS STAND. HE WILL TELL THE JUDGE, HE WILL TELL YOU, THE JURY, EXACTLY WHY HE DID NOT DO THIS AND EXACTLY WHAT DID OCCUR. HE WILL TELL YOU THAT HE IS INNOCENT AND WILL RELATE TO YOU IN HIS OWN WORDS, ANSWERING ALL THE QUESTIONS MR. ZEIDENBERG PUTS TO HIM, UNDER OATH, AND EXPLAIN TO YOU THAT HE DID NOT DO THIS.
SO LET’S TALK FOR A MINUTE ABOUT OPENING STATEMENTS, IF I MAY, JUST FOR A SECOND. AS YOU KNOW, IN COURTS ALL ACROSS THE LAND, PROSECUTORS AND DEFENSE ATTORNEYS, WITH THE COURTESY OF THE JUDGE, PRESENT OPENING STATEMENTS. THE JUDGE TOLD YOU I DIDN’T HAVE TO MAKE AN OPENING STATEMENT; WE COULD JUST SIT THERE. MR. ROSEN IS PRESUMED TO BE INNOCENT. BUT WE CHOOSE TO DO SO.
DAVID ROSEN DOES NOT HAVE TO TESTIFY. HE COULD SIT THERE. WE CHOOSE TO PRESENT HIM SO YOU CAN EVALUATE HIM AND MAKE YOUR OWN DECISIONS.
I SHOULD SAY A FEW WORDS WHAT THE EVIDENCE WILL SHOW ABOUT DAVID ROSEN SO YOU CAN GET AN UNDERSTANDING OF WHAT THE TESTIMONY WILL BE, BUT I WILL DO SO ONLY BRIEFLY.
HE WAS BORN IN CHICAGO. LOVING FAMILY. HIS FOLKS AND FAMILY ARE HERE IN COURT. HE NEVER COMPLETED HIGH SCHOOL, BUT HE MANAGED WITH HIS GED TO OBTAIN THE EQUIVALENCY. HE WORKED ALL THE WAY THROUGH HIS YOUNG LIFE. HE WORKED AT MC DONALD' S FLIPPING HAMBURGERS. HE SOLD DOMINO’S PIZZAS OR DELIVERED DOMINO’S PIZZAS. HE SOLD REFERENCE TEXTBOOKS, ENCYCLOPEDIA. HE WORKED IN SANTA MONICA AT THE GLAZER CANCER CENTER AS A DIRECTOR OF DEVELOPMENT. HE HAS WORKED SELLING COMMERCIAL REAL ESTATE, AND HE GRADUATED COLLEGE BY PAYING HIS OWN WAY. AND WHEN HE WAS IN COLLEGE HE BECAME EXCITED ABOUT POLITICAL SCIENCE AND BEGAN TO BECOME ACTIVE IN DEMOCRATIC PARTY FUNDRAISING, SERVED AS A FIELD DIRECTOR RAISING MONEY ON JOB TRAINING.
THOSE WHO ARE FAMILIAR WITH THE MILITARY KNOW WHAT THAT MEANS. NO ONE GAVE HIM A COURSE, BUT HE LEARNED WHAT THE RULES WERE AND HE DEVELOPED SYSTEMS AND HE DEVELOPED WHAT THE RESPONSIBILITIES OF A FUNDRAISER WAS – WERE.
THEN IN 1999 AN INTERESTING PHONE CALL WAS RECEIVED BY MR. ROSEN. IT WAS SOMEONE WHO WAS AN OFFICIAL IN THE DEMOCRATIC PARTY WHO WANTED TO KNOW WOULD HE LIKE TO COME TO THE WHITE HOUSE, MEET THE FIRST LADY, AND DISCUSS BEING A FUNDRAISER IN HER CAMPAIGN FOR THE UNITED STATES SENATE. AND YES, FOLKS, HE WAS VERY EXCITED.
HE WENT TO THE WHITE HOUSE. THE EVIDENCE WILL SHOW HE WENT INTO THE MAP ROOM OF THE WHITE HOUSE, AND THERE HE MET THE FIRST LADY. HE WAS ECSTATIC BEING IN THAT ROOM. IT WAS VERY, VERY EXCITING. BUT HE, OF COURSE, WAS NOT A CHILD OR A YOUNGSTER, AND WAS ABLE TO CONTAIN HIS ENTHUSIASM. AND HE HAD LUNCH WITH THE FIRST LADY AROUND THE POOL OF THE WHITE HOUSE, JUST THE TWO OF THEM, AND THEY TALKED POLITICS.
AND DAVID ROSEN WAS INTERESTED, AND HE WAS INTERESTED IN HELPING THE FIRST LADY BECOME A UNITED STATES SENATOR; AND HE WAS VERY, VERY EXCITED WHEN HE WAS OFFERED THE POSITION OF BEING THE NATIONAL FUNDRAISER DIRECTOR FOR HER CAMPAIGN.
YOU WILL HEAR TESTIMONY THAT HIS RESPONSIBILITIES WERE TO RAISE MONEY THROUGHOUT THE UNITED STATES, BUT NOT IN NEW YORK. AND DURING 1999, THAT SUMMER, UP THROUGH THE TIME BEFORE WE HAVE THE GALA IN AUGUST OR, LET’S SAY, JUNE, DAVID ROSEN WAS BUSY HOPPING AROUND THE COUNTRY WORKING ON FUNDRAISING EVENTS.
WHERE DID HE LIVE? THE EVIDENCE WILL SHOW HE DID NOT LIVE IN THE WHITE HOUSE. HE LIVED IN A LITTLE ROOM IN NEW YORK CITY THAT WAS NO BIGGER THAN A POSTAGE STAMP THAT SOMEONE DONATED TO HIM, OR A FRIEND OF A FRIEND GAVE HIM THIS ROOM. AND DURING THE TIME THAT HE WAS WORKING AND RAISING FUNDS, HE WILL TESTIFY TO WHAT I WILL CALL PARLOR EVENTS, SMALL EVENTS IN PEOPLE’S HOMES.
PEOPLE WOULD COME TO HIM OR HE WOULD SEEK OUT PEOPLE AND THEY WOULD SAY, SURE, WE’LL HOST AN EVENT FOR THE SENATOR, AND THEY WOULD. THEN DAVID ROSEN’S STAFF AND HE WOULD WORK TO DEVELOP THE EVENT. THEY HAD INVITATIONS TO DEAL WITH. THEY HAD TO EXPLAIN WHAT THE RULES WERE. AND YOU WILL HEAR DAVID ROSEN TESTIFY, AND YOU WILL LEARN, THAT THE RESPONSIBILITIES OF DONORS -- DONORS ARE PEOPLE WHO PAY FOR THE PARTIES. THEY’RE THE ONES THAT HAVE THE RESPONSIBILITY TO BRING FORTH THE COSTS SO THAT DAVID ROSEN CAN SEND IT TO A COMPLIANCE OFFICER. HE IS NOT A CPA. HE WAS NOT AN ACCOUNTANT. HE WAS NOT IN CHARGE OF REGULATING AND MASTERING ALL THESE EXPENSES. PEOPLE WHO WOULD DO THE EVENT WOULD GIVE THOSE TO HIM, AND THEN HE WOULD SEND THEM ON. THAT WAS THE SYSTEM, AND HE HAD A SYSTEM IN HIS OFFICE. HE HAD A LITTLE OFFICE STAFF.
COULD I SEE THE -- THE CHART THAT REFLECTS THE STAFF?
THANK YOU.
THIS IS A DIAGRAM, IF YOU WILL, OF THE STAFF OF THE WHOLE HILLARY CLINTON CAMPAIGN AND YOU CAN SEE WHERE MR. ROSEN IS. HERE IS HIS BOX, IF YOU WILL. AND YOU CAN SEE HIS POSITION. AND UNDER -- YOU CAN SEE, IN THAT LITTLE BOX, INTERNS AND YOUNG PEOPLE THAT WORK, AND YOU WILL SEE THE NAME CHRIS FICKES, WHO WAS HIS DEPUTY. AND YOU WILL SEE OTHER INDIVIDUALS WHO WORKED ON THESE VARIOUS EVENTS.
EVIDENCE WILL SHOW THAT THERE WERE ABOUT OVER 90 EVENTS. INCIDENTALLY, NONE OF THOSE EVENTS CAUSED SIGNIFICANT PROBLEMS, EXCEPT AN EVENT WHERE MR. AARON TONKEN OR MR. PETER PAUL WERE INVOLVED, BUT WE WILL COME TO THAT.
NOW, ROSEN, IN WORKING ON THESE EVENTS, APPRECIATED AND LEARNED THAT IT WAS THE DONOR THAT HAD THE RESPONSIBILITY TO GIVE THE COSTS OF THE EVENT. AND, FREQUENTLY, THE TIMES WERE SO HECTIC AND IT TOOK SUCH ENERGY TO DEVELOP THESE EVENTS -- USUALLY ABOUT $85- TO $90,000 WOULD BE A TYPICAL EVENT, THE MONEY FROM THE EVENT, NOTHING LIKE THIS GALA -- BUT MR. ROSEN AND HIS STAFF WOULD HIRE CONSULTANTS. THESE CONSULTANTS WERE POLITICAL -- AND I DIDN’T EVEN KNOW THIS UNTIL I STARTED BECOMING THE LAWYER FOR MR. ROSEN, BUT THERE IS SUCH AN ART TO DEVELOPING ALL THESE EVENTS THAT THERE ARE PEOPLE THAT CALL THEMSELVES PROFESSIONAL FUNDRAISERS AND, INDEED, MR. ROSEN BECAME ONE AFTER THE CAMPAIGN.
HE FOR EXAMPLE, STARTED A COMPANY KNOWN AS THE COMPETENCE GROUP, WHICH, OF COURSE, HAS NO CLIENTS NOW, BUT HE STARTED BECOMING A PROFESSIONAL FUNDRAISER. AND FUNDRAISERS AROUND THE COUNTRY ARE HIRED AS CONSULTANTS, AND THEY HELP DAVID ROSEN IN THE VARIOUS JURISDICTIONS PLAN THE PARTY. THEY KNOW THE PEOPLE IN THE LOCATION. THEY GET ON THE PHONE AND SAY, HELLO, WE ARE HAVING AN EVENT AND JEAN SMITH IS HOLDING IT, COME ON OVER, ETCETERA, AND IT’S FOR HILLARY CLINTON. MEET HER AND MAYBE YOU’LL GET ENTHUSIASTIC.
AND THESE PEOPLE WOULD WORK THAT. TERRY NEW, FOR EXAMPLE, IS THE NAME OF A CONSULTANT WHO WORKED ON AN EVENT YOU MIGHT HEAR ABOUT ON JUNE 9TH IN 2000 IN CALIFORNIA, KNOWN AS THE SPAGO LUNCH OR GERSHMAN TEA.
BUT, IN ANY EVENT, BY THE TIME DAVID ROSEN COMES TO, IN JUNE OF 2000, HE IS PRETTY WELL GROUNDED IN WHAT HAS TO BE ACCOMPLISHED IN RAISING MONEY FOR THE CLINTON CAMPAIGN. HE KNOWS WHAT HE IS SUPPOSED TO DO. HE HAS PRIDED HIMSELF, WOULD HEAR OTHERS SAY HE IS DOING EVERYTHING RIGHT, DOING THINGS BY THE BOOK, AND HE UNDERSTOOD HE HAD A SYSTEM IN PLACE AND THE SYSTEM IN PLACE FOR EXPENSES WERE WHEN THE DONOR OR PAYER WOULD GIVE HIM THE COSTS, THEY WOULD THEN TAKE IT TO THE OFFICE, PUT IT ON SPREADSHEETS, SEND IT INTO A COMPLIANCE OFFICER.
COMPLIANCE OFFICER -- YOU WILL PROBABLY MEET –- THE GOVERNMENT WILL CALL SOMEONE BY THE NAME OF WHITNEY BURNS. SHE WORKS IN WASHINGTON. SHE IS THE ONE THAT FILES THE REPORTS TO THE FEDERAL ELECTION COMMISSION. MR. ROSEN DOESN’T.
NOW, WHITNEY BURNS WOULD RELY ON PEOPLE LIKE MR. ROSEN TO GIVE THE COSTS OF AN EVENT SO IT COULD BE REPORTED, JUST AS THE TREASURER, MR. GROSSMAN, WOULD RELY ON WHITNEY BURNS. YOU WILL MEET WHITNEY BURNS, PROBABLY ONE OF THE GOVERNMENT'S EARLIER WITNESSES IN THE CASE.
AND MR. ROSEN WOULD RELY ON SOMEONE -- THESE WERE THE PEOPLE THAT WERE PUTTING ON THE EVENT -- TO GIVE HIM THE COSTS.
SO MR. ROSEN IN JUNE, LATE MAY HAS A TELEPHONE CALL WITH TERRY NEW, ONE OF THESE CONSULTANTS. SHE INTRODUCES HIM TO THIS INDIVIDUAL BY THE NAME OF AARON TONKEN, AND AARON TONKEN WANTS TO GET INVOLVED IN FUNDRAISING. HE GOES TO A TEA I MENTIONED, THIS GERSHMAN TEA, IN JUNE.
NOW MIND YOU, HE MET -- THE EVIDENCE WILL SHOW HE MET IN 1999 AT THE WHITE HOUSE, BECOMES THE FUNDRAISING DIRECTOR, WORKS ALL THESE EVENTS AROUND THE COUNTRY, IOWA, MICHIGAN, WHEREVER. HE THEN MEETS MR. TONKEN ON THE PHONE IN THE COURSE OF ALL HIS WORK.
HE UNDERSTANDS THAT IT’S A RESPONSIBILITY OF THE DONOR TO GIVE HIM THE INFORMATION. HE THEN GOES TO THE SPAGO LUNCH OR TEA ON JUNE 9TH. NOT SIGNIFICANT, BECAUSE AT THAT TEA HE DIDN'T KNOW IT. HE DIDN'T KNOW IT. HIS LIFE WOULD CHANGE FOREVER, BECAUSE HE MET THREE PEOPLE FOR THE FIRST TIME IN PERSON: PETER PAUL, ONE OF THE CONCEALERS; AARON TONKEN, ANOTHER OF THE CONCEALERS; AND BRETTA NOCK, JOINED AT THE HIP WITH AARON TONKEN, HIS EVENT PLANNER, HIS PERSON THAT HE PROMOTED TO DO DOZENS OF CHARITABLE EVENTS, HIS PERSON WHO WAS SKILLED IN DEALING WITH VENDORS AND PUTTING ON THESE PRODUCTIONS.
AARON TONKEN WAS SO CLOSE TO BRETTA NOCK THAT HE WOULD PAY FOR HER OFFICES AND ALL OF HER SUPPLIES AND EQUIPMENT. SHE WAS HIS PERSON.
NOW, ON JUNE 24TH, ANOTHER FATEFUL DAY IN THE LIFE OF DAVID ROSEN, HE RECEIVES A TELEPHONE CALL FROM HIS COLLEAGUES AT WORK. ONE OF THEM WAS JIM LEVIN, THE PERSON WHO I SUGGEST TO YOU WILL BE CALLED BY THE GOVERNMENT, WHO WILL TESTIFY FALSELY. THEY -- AND KELLY CRAIGHEAD AND A FEW OTHERS. THEY SAID, DAVID --
AND I KNOW IT’S IMPROPER TO REFER TO HIM BY FIRST NAME, BUT I AM REFERRING TO A CONVERSATION, YOUR HONOR.
THE COURT: GO AHEAD.
MR. SANDLER: DAVID, WE ARE GOING TO DO SOMETHING VERY EXCITING, HE SAYS. WE ARE GOING TO HAVE A TREMENDOUS EVENT IN AUGUST FOR SENATOR CLINTON, AND HE SAYS, WHAT DO YOU MEAN? YEAH, WE ARE GOING TO DO SOMETHING IN LOS ANGELES. IT’S GOING TO BE A BIG SPLASH. AND AARON TONKEN AND THIS GUY, PETER PAUL, THEY ARE GOING TO PUT IT ALL TOGETHER.
AND DAVID SAYS, WELL, WHEN? AND THEY SAID, DURING THE DEMOCRATIC NATIONAL CONVENTION. HE’LL TELL YOU THIS. HE WILL TELL YOU THIS UNDER OATH. HE SAYS, WELL, WAIT A SECOND. WHAT ABOUT GORE? HOW CAN WE COMPETE WITH GORE? AND HOW CAN WE DO THIS, WHAT YOU’RE TALKING ABOUT, SO QUICKLY? THEY SAID, WE’LL WORK IT ALL OUT.
DAVID ROSEN DID NOT WISH TO GO FORWARD WITH THIS EVENT. NO, HE DIDN’T. HE’LL TELL YOU THAT. HE HAD RESERVATIONS. HE WAS CONCERNED ABOUT ANY RELATIONSHIP HE HAD WITH THE GORE CAMPAIGN, DOING SOMETHING DURING THE CONVENTION AT THE SAME TIME; BUT IT WAS ALL WORKED OUT AND HE WAS TOLD, GO FORTH, YOUNG MAN. GO WEST. DO THIS EVENT. AND WHEN YOU MEET HIM AND HE TESTIFIES, YOU WILL SEE HIS SPUNK, HIS ENTHUSIASM, HIS DEDICATION. HE IS A SOLDIER, A TROOPER, AND LOYAL AND A LEADER, AND HE WENT FORWARD. BUT HE NEVER KNEW LIKE THAT POEM OF ALFRED LORD TENNYSON, THAT HE WAS WALKING INTO THE VALLEY OF TROUBLE; BECAUSE WHEN HE WENT THERE, FOLKS, HE NEVER KNEW WHAT WAS GOING TO COME UP AND TRY TO RUIN HIM. WHEN HE WENT TO CALIFORNIA, HE EMBRACED THIS, AND HE WAS INFORMED ABOUT HOW THE STRUCTURE OF THIS EVENT WOULD WORK. AND I’D LIKE TO SHOW IT TO YOU. MY CHART, PLEASE.
I’D LIKE TO SHOW YOU, IF I COULD, WHAT DAVID ROSEN WAS INTRODUCED TO. HE DIDN’T OWN THIS EVENT. THIS IS WHAT HE WAS TOLD WOULD HAPPEN. STAN LEE MEDIA WOULD HOST THE EVENT. STAN LEE MEDIA IS A COMPANY THAT INVOLVES THE FAMOUS STAN LEE. INDIRECTLY, HE, I LEARNED, IS THE INDIVIDUAL WHO CREATED SPIDERMAN. THE TWO CONCEALERS, PETER PAUL AND STAN LEE, THEY HAD A BURNING GOAL AND DESIRE, SINISTER, I SUGGEST, THE EVIDENCE WILL SHOW, TO PROMOTE STAN LEE MEDIA INTO THE PUBLIC EYE. AND THERE AARON TONKEN AND PETER PAUL -- YOU CAN SEE, THEY'RE THE TWO. MR. STAN LEE MEDIA DID NOT -- EXCUSE ME. MR. STAN LEE DID NOT KNOW THAT THIS WAS GOING ON. PETER PAUL AND AARON TONKEN, THEY WERE THE ONES THAT MR. ROSEN WAS INTRODUCED TO. AND BRETTA NOCK OF WONDERWORKS. THAT WAS HER COMPANY. SHE WAS ITS EVENT PLANNER WHO WAS PAID FOR BY STAN LEE MEDIA AND WORKED WITH AARON TONKEN.
AND THIS BRETTA NOCK WAS WHAT WAS CALLED THE EVENT PLANNER. SHE WAS THE ONE THAT HIRED THE VENDORS, PAID THE VENDOR. SHE REPORTED TO MR. TONKEN AND HAD GREAT COMMUNICATION WITH NOT ONLY DAVID ROSEN, BUT ALSO WITH -- ALSO WITH THE COMPLIANCE OFFICER, WHITNEY BURNS, BECAUSE SHE WOULD HAVE TO SEND INFORMATION TO THESE PEOPLE. WHAT INFORMATION? THE COST AND BILLS THAT WERE EXPENDED.
THEN YOU WILL SEE WHAT’S TO MY LEFT ON THE CHART. GARY SMITH, SMITH-HEMION PRODUCTIONS. GARY SMITH IS ALSO A FAMOUS PERSON, I LEARNED. BECAUSE BEING FROM BALTIMORE, I DON'T KNOW ALL THE CALIFORNIA LEADERS IN THE INDUSTRY OF PRODUCTION, BUT I SURE AM LEARNING. AND GARY SMITH, APPARENTLY, IS A FAMOUS PRODUCER, AND HE DID – HE, I LEARNED, AND YOU WILL LEARN FROM THE TESTIMONY -- ORCHESTRATED THE CONVENTIONS, THE DEMOCRATIC NATIONAL CONVENTIONS, AND IS KNOWN FOR HISTORICALLY CHANGING THE TONE AND THE MODE OF THESE CONVENTIONS.
HE WAS ASKED, AS THE EVIDENCE WILL SHOW, TO PRODUCE THE CONCERT PART OF THIS EVENT AND HE, IN CERTAIN VERNACULAR, SUBBED IT OUT, FOLKS, TO AN INDIVIDUAL BY THE NAME OF ALAN BAUMRUCKER. YOU WILL MEET HIM. THE GOVERNMENT WILL CALL HIM. I HAVE A FEW QUESTIONS FOR HIM, BUT NOT MANY. AND MR. ALAN BAUMRUCKER HAD AN INTERESTING COMPANY. LOOK AT THE NAME: BLACK INK PRODUCTIONS. AND BLACK INK PRODUCTIONS DID THE ACTUAL WORK IN PRODUCING, BRINGING FORTH ALL OF THE STAGE AND THE PEOPLE THAT WERE GOING TO WORK ON THE STAGE, THE LIGHTING, SO THAT THE CONCERT COULD TAKE PLACE. YOU WILL NOTICE THAT MR. BAUMRUCKER ALSO HIRED VENDORS. SO THAT’S WHAT DAVID ROSEN WAS TOLD WOULD BE THE OPERATION OF THIS CONCERT AND THIS EVENT; AND HIS JOB, HIS JOB WAS TO RAISE MONEY.
NOW, HE DOES GO THERE. HE WENT THERE ON JULY 15TH, FOR THE FIRST TIME. EVEN BEFORE HE WENT THERE, A LOT OF WORK PLANNING WAS BEING DONE. PRODUCTION MEETINGS OCCURRED, ETCETERA. HE COMES THERE AND HE WORKS AND, YES, HE DID TRY TO TAKE SERIOUSLY HIS ROLE OF MAKING SURE EVERYTHING WORKED RIGHT. AND HE WORKED VERY HARD ON THE INVITATIONS, ON THE JOURNAL -- ON THE TRIBUTE JOURNAL THAT THEY WERE PRODUCING. AND HE WORKED WITH AN INDIVIDUAL BY THE NAME OF PAT WATERS, WHO THE GOVERNMENT WILL CALL AS A WITNESS.
HE DID NOT DISCUSS THE COSTS WITH HER. HE DID NOT KNOW WHAT THE COSTS WERE, AND HE, AT THE TIME, WAS WORKING, MAKING SURE LANGUAGE WAS CORRECT, THAT IT SATISFIED ALL THE DIFFERENT PEOPLE THAT WERE IN THIS CAMPAIGN WHO WOULD APPROVE.
AND YOU SAW THE CHART OF THE CAMPAIGN, AND YOU CAN SEE HOW MANY PEOPLE ARE ON A CAMPAIGN. AND YOU HAVE SEEN THE TELEVISION SHOWS ABOUT HOW POLITICS WORKS, AND YOU KNOW HOW MANY PEOPLE YOU'VE GOT TO CLEAR THINGS WITH. AND YOU ALSO APPRECIATE, AS THE EVIDENCE WILL SHOW WHICH IS TYPICAL, YOUR HONOR, THAT WHEN THESE EVENTS OCCUR, EVERYBODY APPEARS. EVERYONE HAS A CLIPBOARD AND A PENCIL, AND EVERYBODY IS A FRIEND OF THE PRESIDENT OR WANTS TO BE A FRIEND OF THE SENATOR, AND WALKS AROUND SAYING, WELL, THE SENATOR SAID TO ME WE'VE GOT TO DO THIS OR THAT, AND THAT S HOW – HOW THESE EVENTS ARE, A WHIRLWIND. AND DAVID ROSEN GOES INTO THE WHIRLWIND AND TRIES TO GET OWNERSHIP OF WHAT HIS ROLE IS: RAISING THE MONEY AND WORKING THROUGH MANY DIFFERENT ISSUES.
ON THE 28TH OF JULY, FOR EXAMPLE, HE STAYS FOR ONE WEEK, THE FIRST TIME, JULY 15TH TO ABOUT THE 23RD, STAYS AT A HOTEL, THE HERMITAGE, AND HE THEN LEAVES, COMES BACK. AND WHEN HE COMES BACK, HE WILL TELL YOU HE HAD THOUGHT ABOUT STAYING WITH HIS SISTER, BUT WHEN HE ARRIVES, AARON TONKEN SUGGESTS TO HIM THAT, WELL, DON’T STAY THERE. STAY AT THE BEVERLY HILLS HOTEL, AND THAT’S WHERE HE STAYED. AND AARON TONKEN SAID, I WILL PAY FOR YOU. HE DID NOT -- AND HE WILL TELL YOU -- RUN AROUND GETTING PEOPLE TO PAY FOR HIM ORIGINALLY, BECAUSE AARON TONKEN HAD TOLD HIM. THEN AARON TONKEN BACKED DOWN, AND THEN AARON TONKEN FINALLY PAID.
NOW, WHEN DAVID ROSEN STAYED AT THE BEVERLY HILLS HOTEL, HE WILL TELL YOU HE DID NOT CONSIDER THAT A CAMPAIGN CONTRIBUTION AT ALL. HE CONSIDERED THAT THIS – THIS INDIVIDUAL HE STRUCK UP THIS RELATIONSHIP WITH WHO HAD THE MONEY WHO WAS ABLE TO UNDERWRITE ALL THIS WAS GOING TO TREAT HIM BECAUSE HE WAS WORKING HARD, AND HE ALSO LOANED HIM HIS PORSCHE TO DRIVE BACK AND FORTH DURING HIS WORK.
HE DID NOT REPORT THIS TO THE CAMPAIGN, BECAUSE HE THOUGHT THIS WAS SOMETHING THAT THIS INDIVIDUAL, WHOM HE DID NOT KNOW IN TERMS OF BACKGROUND, WAS DOING THIS FOR HIM; AND IT WAS VERY EXCITING FOR HIM, AND HE THOUGHT IT WAS A NICE IDEA. IT DIDN’T MAKE HIM A CRIMINAL. IT DOESN’T MAKE HIM DOING SOMETHING WRONG. HE DID NOT CONSIDER THIS TO BE A CAMPAIGN CONTRIBUTION TO THE CAMPAIGN, BUT FOR HIM, AND THIS IS HOW HE CONDUCTED HIMSELF AND HE DIDN’T HIDE IT AND YOU WILL HEAR TESTIMONY MANY OF THESE PEOPLE AT THIS CAMPAIGN STAYED AT THE BEVERLY HILLS HOTEL AND THEY DIDN’T PAY.
NOW, I UNDERSTAND THAT THE GOVERNMENT, THE PROSECUTORS, ARE GOING TO SAY THAT THEY DON’T BELIEVE WHAT MR. ROSEN SAYS. THIS IS AN EXAMPLE OF HIS EVIL MIND. THIS IS AN EXAMPLE OF HIS PATTERN AND PRACTICE. WELL, YOU WON’T BELIEVE THAT AFTER YOU HEAR THE EVIDENCE IN THIS CASE. THERE IS NO REASON WHY HE IS NOT -- THERE IS NO REASON FOR HIM TO HAVE REPORTED SOMETHING THAT HE THOUGHT WAS A PERSONAL GIFT TO HIM. THERE WAS NOTHING THAT HE DID WRONG IN THAT, AND HE DID NOT CONCEAL IT OR HIDE IT AND DID NOT INTEND THIS TO BE AN EVIL DEED.
NOW, DAVID ROSEN, WHEN HE IS INVOLVED IN THE ACTIVITIES OF PLANNING THE EVENT, DAVID ROSEN WORKS VERY CLOSELY WITH BRETTA NOCK, THE EVENT PLANNER. AND DAVID ROSEN WANTED TO GET A BUDGET, BECAUSE HE WANTED TO SEE WHAT WAS GOING ON. AND AT FIRST MS. NOCK WASN’T RESPONSIVE TO HIS REQUEST. BUT IN EARLY AUGUST SHE SENDS HIM A BUDGET. THIS IS INTERESTING, THE EVIDENCE WILL SHOW, THAT ON -- THERE ARE LOTS OF BUDGETS. THEY GO THIS WAY, THAT WAY, EVERY WHICH WAY, THE EVIDENCE WILL SHOW THE PLANNED EXPENSES OF WHAT THIS GALA WILL BE. IT’S NOT WRITTEN IN STONE. THINGS COME OFF; THINGS COME ON. AND BRETTA NOCK HAD A NUMBER, AND YOU WILL SEE IT IN EVIDENCE. THE GOVERNMENT WILL SHOW IT TO YOU. AND IF THEY DON’T, I WILL. YOU WILL SEE A NUMBER ON THE BUDGET WHICH SHOWS $200,000 ON THE FIRST BUDGET FOR THE PRODUCTION COSTS.
NOW, I WANT TO SHARE WITH YOU WHAT THE EVIDENCE WILL SHOW ABOUT COSTS. THE MOST SIGNIFICANT AND, REALLY, THE HEART OF THE CASE OF UNDERREPORTING RELATES TO THE COSTS FOR WHAT WE ARE GOING TO CALL THE CONCERT. NO ONE KNOWS, TO THIS DAY, WHAT THE CONCERT COSTS. YOU WILL HEAR THAT SOME PEOPLE SAY 2 MILLION; SOME PEOPLE SAY 1 MILLION. I THINK THE GOVERNMENT NOW TAKES THE POSITION 1.2 MILLION. YOU WILL HEAR AGENT SMITH. HE WILL GO THROUGH IT ALL FOR YOU.
THE GOVERNMENT WILL CALL HIM. IF THEY WON’T, I WILL, SO WE CAN GO THROUGH IT. BUT THE POINT IS THAT THAT’S WHERE THE HEART OF THIS CASE IS AND THE CHARGE HELD AGAINST DAVID ROSEN IS THAT HE HID THOSE COSTS TO ADD A LITTLE WINDOW DRESSING. THE GOVERNMENT IS GOING TO ATTEMPT TO SHOW THAT, WELL, HE TOLD THE EVENT PLANNER TAKE THIS OFF, TAKE THAT OFF, AS IF TO SHOW THAT DAVID ROSEN INTENDED TO HIDE THINGS. AND I WILL PROVE TO YOU THAT’S NOT THE CASE AT ALL; THAT HE DIDN’T INTEND TO HIDE ANYTHING.
AND I WILL ALSO SUGGEST TO YOU THAT DURING THE ACTIVITIES OF THE ACTUAL EVENT ITSELF NO ONE COULD – WELL, I WILL CALL WITNESSES WHO WERE THERE, AND THEY WILL TELL YOU THAT WHILE THEY WERE THERE YOU COULDN'T LOOK AROUND AND SAY OH, MY GOODNESS, THIS EVENT COST $2 MILLION. AND I WILL ALSO PROVE TO YOU THAT DAVID ROSEN, HAD DAVID ROSEN KNOWN THAT THE COSTS OF THE CONCERT WERE SO EXTRAORDINARY -- BECAUSE I AM GOING TO SHOW YOU BUDGETS THAT HE NEVER SAW JUST ON THE CONCERT PART. I WILL SHOW YOU A LETTER FROM THE CONCEALER, TONKEN THAT HE RECEIVED FROM GARY SMITH. THE FAMOUS PRODUCER, WHICH SAID, IN WORDS TO THIS EFFECT: MR. TONKEN, THE COST OF THIS EVENT IS GOING TO BE OVER $500,000. I WILL SHOW THAT TO YOU. THE GOVERNMENT WON’T INTRODUCE IT TO YOU -- INTRODUCE IT, BUT I WILL. AND YOU KNOW WHAT? I AM GOING TO ASK DAVID ROSEN, MR. ROSEN, DID YOU EVER SEE THIS? I AM GOING TO ASK GARY SMITH, IF I CAN PERSUADE HIM TO TESTIFY: MR. GARY SMITH, DID YOU EVER GIVE THIS DOCUMENT TO DAVID ROSEN? DID YOU EVER DISCUSS COSTS WITH DAVID ROSEN? I WILL ASK MR. BAUMRUCKER: MR. BAUMRUCKER, YOU AGREE WITH ME, DO YOU NOT, SIR -- ASSUMING THE JUDGE ALLOWS THIS QUESTION -- DO YOU NOT, SIR, DO YOU AGREE WITH ME THAT YOU NEVER DISCUSSED DIRECTLY WITH MR. ROSEN THE PRODUCTION COSTS OF THIS CONCERT? I PREDICT HE’LL SAY, IN WORDS TO THE EFFECT, I DID NOT. DAVID ROSEN NEVER KNEW. THAT’S THE TRAGEDY OF THIS. HAD HE KNOWN, HE WILL TELL YOU HE WOULD HAVE REPORTED IT. HE WASN’T AFRAID OF LOSING HIS JOB.
I WILL CALL HIS SUPER BOSS TO TELL YOU THAT. WILL CALL SOMEONE WHO WILL TELL YOU WHO RAN THIS WHOLE CAMPAIGN, WHO WILL TELL YOU THE CAMPAIGN WASN’T CONCERNED ABOUT A DIRE FINANCIAL SITUATION. DAVID ROSEN'S JOB WASN’T ON THE LINE. I WILL PROVE TO YOU, EVEN IF HE HAD AN EVENT AT THE WALDORF ASTORIA WHERE 300 PEOPLE WERE SUPPOSED TO COME AND ONLY 80 CAME, THAT HE WASN’T GOING TO LOSE HIS JOB.
HE WILL TELL YOU, BY THE WAY, WHEN HE TESTIFIES THERE WAS SUCH AN EVENT. HE WILL TELL YOU, AND YOU CAN SEE NOT BY WHAT HE SAYS BUT WHAT HE DOES, WHAT HE DID, BECAUSE AN EVENT LOOKED LIKE IT WASN’T GOING TO BE A BIG TURNOUT. HE RAN, JUST LIKE YOU PROBABLY WOULD IF YOU WERE RUNNING AN EVENT, TO FIX THE PROBLEM. HE WOULD CLOSE DOWN THE LARGER ROOM TO MAKE IT SMALLER, HAD TABLES REMOVED, AND WAS ABLE TO GENERATE VERY FINE PUBLICITY FOR A PARTICULAR ETHNIC GROUP THAT WAS COMING TO THIS EVENT. HE MADE IT LOOK GOOD. HE TOOK SOMETHING THAT WASN'T SO GOOD AND MADE IT LOOK GOOD.
SO THE GOVERNMENT WILL SAY, AS A RESULT OF THAT, HE HAD A BAD EVENT, SO HE WAS GOING TO LOSE HIS JOB. IT’S A BIZARRE TRAGEDY, BIZARRE.
THE COURT: MR. SANDLER, DON'T WORRY ABOUT THE TIME. YOU CAN CHARACTERIZE WHAT THE EVIDENCE HAS PROVEN AT THE END, WITH THE ADJECTIVES.
MR. SANDLER: I BEG YOUR PARDON.
THE COURT: JUST ANTICIPATE, PLEASE. WHAT YOU HAVE BEEN DOING FOR THE MOST PART, WHAT THE EVIDENCE WILL SHOW.
MR. SANDLER: I THINK THE EVIDENCE WILL SHOW ALL THAT I HAVE SAID, LADIES AND GENTLEMEN.
THANK YOU, YOUR HONOR.
LADIES AND GENTLEMEN. AFTER THE EVENT. OCCURRED -- AFTER THE EVENT OCCURRED, THERE WERE CERTAIN EVENTS THAT YOU WILL HEAR ABOUT. YOU WILL HEAR ABOUT BRETTA NOCK’S ROLE IN TERMS OF AN EVENT PLANNER. YOU WILL HEAR THAT HER ROLE WAS NOT ONLY TO HIRE THE VENDORS, PAY THE VENDORS, SHE WAS SUPPOSED TO COMMUNICATE WITH DAVID ROSEN AND THE COMPLIANCE OFFICER ABOUT THE BUDGETS, ABOUT THE COSTS, AND YOU WILL HEAR THAT DAVID ROSEN’S RESPONSIBILITY WAS NOT TO BE SHERLOCK HOLMES. THE EVIDENCE WILL SHOW THAT. THE EVIDENCE WILL SHOW HE WAS NOT SUPPOSED TO GO IN WITH A FLASHLIGHT AND ROOT OUT.
NOW, OF COURSE YOU ARE GOING TO HEAR TESTIMONY FROM THE GOVERNMENT THAT PEOPLE TOLD DAVID ROSEN, DAVID, ITS COSTING MILLIONS. WE’LL CONFRONT THAT IN THE CONTEXT, AND DAVID ROSEN WILL EXPLAIN TO YOU AND TELL YOU WHAT HAPPENED AND WHAT DID NOT HAPPEN.
I WILL ALSO PROVE TO YOU THAT DAVID ROSEN WAS NOT AT ALL INTENDING TO HARM OR HURT ANYONE.
THE GOVERNMENT WILL INTRODUCE EVIDENCE THAT AFTER THE EVENT THERE WAS AN INTENTION BY DAVID ROSEN TO OBTAIN A FALSE INVOICE FOR THE COST OF THE CONCERT. I WILL PROVE TO YOU THAT’S NOT THE CASE AT ALL. I WILL PROVE TO YOU THAT DAVID ROSEN DID NOT SEEK OR ASK ANYONE TO OBTAIN A FALSE INVOICE.
I WILL, THROUGH THE EVIDENCE, EXPLAIN TO YOU THE SEQUENCE OF HOW THAT OCCURRED, AND I WILL ALSO PROVE TO YOU THAT NO ONE, EXCEPT THE CONCEALERS AND THOSE THAT WERE WITH THEM, KNEW WHAT THESE COSTS WERE.
IN CONCLUSION, I WILL PROVE TO YOU THAT DAVID ROSEN DID NOT KNOW THE COSTS; THAT MR. ROSEN RECEIVED NO ECONOMIC BENEFIT; THAT NO ECONOMIC BENEFIT WAS RECEIVED BY THE CLINTON CAMPAIGN; AND I WILL PREDICT, BASED ON THE EVIDENCE, THAT YOUR ANSWER TO MR. ZEIDENBERG' S QUESTION, WHICH WAS THE ONLY ISSUE IN THIS CASE FOR YOU TO DETERMINE, IS WHETHER DAVID ROSEN -- HE POINTED TO DAVID.
I HOPE AND PRAY, BASED ON THE EVIDENCE, THAT YOU WILL EMBRACE HIM WHEN THIS CASE IS OVER AND ANSWER MR. ZEIDENBERG "NO." AND MR. ZEIDENBERG WILL TELL YOU THAT IF THAT’S WHAT THE EVIDENCE SHOWS. JUSTICE WILL BE DONE. NOT GUILTY.
THANK YOU.