Professional Documents
Culture Documents
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6 ROUGH DRAFT PURPOSES ONLY. NOT TO BE USED AS THE
7 OFFICIAL TRANSCRIPT AS IT MAY CONTAIN UNTRANSLATES
8 AND MISTRANSLATES WHICH WILL BE CORRECTED IN THE
9 FINAL VERSION.
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13 April 5, 2010
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15
16 SUSAN BYSIEWICZ
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18
19
20
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22 Bethany A. Carrier, LSR.
23 Brandon Smith Reporting Service
24 (860) 549-1850
25
Brandon Smith Reporting
2
1 BY MR. GERSTEN:
2 Q Do you have any -- and besides -- never mind.
3 Now, the first question I'm going to ask you,
4 some of this is going to go back some other materials
5 I'm going to try to make it as short as possible but in
6 connection with your resume, you indicated that you
7 worked for a period of time at Robinson & Cole. Do you
8 recall that?
9 A Yes.
10 Q You have indicated in the past that you
11 thought that was four years, correct?
12 A Yes.
13 Q And in our deposition you indicated it could
14 have been less than four years?
15 A I didn't review the exact dates.
16 Q Fair enough. Now, while you were at Robinson
17 & Cole, didn't you take a leave of absence to work on a
18 political campaign?
19 A I did. Richard Blumenthal's campaign.
20 Q And how long was your leave of absence strike
21 that. Was your leave of absence approximately six
22 months out of the term that you worked at Robinson &
23 Cole?
24 A I'm not certain of the exact time period but
25 it was for a series of months.
Brandon Smith Reporting
6
1 Q Thank you.
2 A Or limited, I would say. I'd actually like
3 to expand on that, if I may. I did do health -- some
4 health care work at Robinson & Cole because one of the
5 firms clients was the Connecticut Health and
6 Educational Facilities Authority, CHEFA. And so we did
7 do some work with respect to hospital financings.
8 Q And what you're calling the work doing
9 health -- let me see, I'll restate that.
10 Are you indicating today that the work you
11 did on hospital financing is the same kind of work that
12 you worked on when you were at the Aetna doing pension
13 and what was the other health care work?
14 A Uh-huh.
15 Q Were they the same? You did financings for
16 hospitals?
17 A No.
18 Q So other than your experiences at Robinson &
19 Cole working on hospital financing, you had not worked
20 on any pension or health care related work while you
21 were at Robinson & Cole before arriving at the Aetna;
22 is that correct?
23 A Yes.
24 Q And did you take any leave of absence from
25 the Aetna similar to the one you took while you were
Brandon Smith Reporting
13
1 of law, correct?
2 A Yes.
3 Q Am I correct -- let me ask you a question:
4 Could you explain that to me? If you concede you
5 weren't practicing law at the time when you were
6 involved in the campaign, what is the basis for you to
7 include the time period that you worked on the campaign
8 as part of your calculation of being involved in the
9 active practice of law?
10 A The -- the definition of active practice in
11 21890's are what active practice are considered to be
12 in the 18 09's and also that I have been admitted to
13 the bar in Connecticut since 1986.
14 Q Okay. So if I understand it correctly then,
15 ma'am, you're indicating that even if you don't engage
16 in the practice of law and you just do political work,
17 that's considered to be part of the way you count your
18 involvement in the active practice of law because of
19 the way it was done in the 1897? Do I have that right?
20 A In 1897, the active practice probably meant
21 simple the not retired and I have not retired from the
22 practice of law when I was working on Mr. Blumenthal's
23 campaign.
24 Q So since you were not retired from the
25 practice of law, you're counting it towards your time
Brandon Smith Reporting
25
1 A Telephone call.
2 Q And you're indicating that he had done some
3 research, but you can't recall if he had shared it with
4 you in writing, correct?
5 A Yes.
6 Q Now, do you -- in January, do you recall
7 giving a press conference and indicating that you had
8 already checked out the issue as to whether you had
9 satisfied the requirement of the active practice of law
10 before you made your declaration for running for
11 attorney general?
12 A What press conference are you referring to?
13 Q Any press conference. I know you do a lot of
14 them.
15 A I'm not certain which press conference you're
16 referring to.
17 Q Okay. Have you ever told a member of the
18 press that prior to the time you had made a decision to
19 run for attorney general, you were aware of this
20 requirement of the ten years of active practice, you
21 had already checked it out and you had satisfied it?
22 A Yes.
23 Q Okay. Who did you make that statement to?
24 A I don't remember but the statement's
25 correct.
Brandon Smith Reporting
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1 law?
2 A If he negotiates legal contracts, if he
3 drafts legal documents, he could be engaged in the
4 practice -- the active practice of law.
5 Q You've used the word could be twice now. I'm
6 trying to understand is it or is it not, if we could
7 eliminate could be?
8 MR. HORTON: I object to the form.
9 A This is a legal --
10 MR. HORTON: I object to the form of
11 the question.
12 MR. GERSTEN: I'll restate it.
13 MR. HORTON: I'll.
14 MR. GERSTEN: You're not you're
15 entitled to object to form. I'm going to restate the
16 form -- restate the question. You don't have to argue
17 with me. I'm an easy guy to get along with.
18 STENOMARK.
19 BY MR. GERSTEN:
20 Q Ma'am, is it your testimony that the
21 individual with a law degree who graduated Duke who got
22 admitted to the bar of Connecticut who acts as the CEO
23 of Travelers Insurance Company would be engaged in the
24 practice of law in your opinion if he negotiates
25 contracts?
Brandon Smith Reporting
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1 A Yes.
2 Q And why is that?
3 A If he is drafting legal documents, then he is
4 engaged in the practice of law.
5 Q Okay. What if he's not drafting legal
6 documents? What I asked you is whether he's engaged in
7 the practice of law when he's negotiating legal
8 documents. Is it your position that he's practicing
9 law while he's negotiating legal documents in his
10 capacity as CEO?
11 MR. HORTON: I object to the form of
12 the question.
13 MR. GERSTEN: Okay I'll restate it.
14 BY MR. GERSTEN:
15 Q Is it your position, ma'am --
16 MR. GERSTEN: Can I have my question,
17 Beth, read back, the one that's two questions ago
18 because she answered it about drafting documents I'm
19 just asking about the negotiation of documents. And
20 there was no objection to it, so I want to do the same
21 question again without having to raise Mr. Horton's
22 ire.
23
24 (The testimony was read.)
25
Brandon Smith Reporting
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1 A I don't know.
2 BY MR. GERSTEN:
3 Q And what leads you to have any element of
4 doubt in your mind, ma'am?
5 A I'm not sure.
6 Q I understand. Is there a reason why you're
7 not certain?
8 A I'm not sure whether negotiating documents is
9 the same as drafting legal documents. If drafting
10 legal documents is the practice of law, is part of
11 practicing law.
12 Q Okay. That's why I asked you the question.
13 So as you sit here today, negotiating a contract may
14 not be enough to satisfy the requirement of
15 satisfying -- of active practice of law?
16 MR. HORTON: I object to the form of
17 the question. Would you like me to state my reason.
18 MR. GERSTEN: No.
19 MR. HORTON: Very well.
20 A What's the question.
21 Q I'll try to restate it.
22 Is the reason for your lack of knowledge
23 relating to your idea -- relating to your inability to
24 answer the question, rather, because negotiating
25 contracts is different than drafting a contract?
Brandon Smith Reporting
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1 Q Yes, ma'am?
2 A Yes.
3 Q And are you indicating, likewise, if the
4 individual who graduated Duke law, got admitted to the
5 Connecticut bar, practiced for four or five years, and
6 then went to go sing in a rock and roll band, that
7 person's engaged in the active practice of law; is that
8 correct?
9 A Was that person admitted to the Connecticut
10 bar?
11 Q Yes, ma'am.
12 A The answer is yes.
13 Q Okay. How about the individual who graduated
14 Duke law school, got admitted to Connecticut, became a
15 member of the Connecticut bar, and then decided to
16 close the doors of his office, maintain his Connecticut
17 bar membership and go fishing every day for ten years.
18 Would you consider that person to be engaged in the
19 active practice of law during the time period he went
20 fishing?
21 A Yes.
22 Q So is it your testimony today that as long as
23 someone is an active member -- strike that is a dues
24 paying member of the Connecticut bar, that's engaged in
25 the active practice of law?
Brandon Smith Reporting
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1 Q Okay.
2 A And my counsel are.
3 Q So what I would like to know is what are the
4 plaintiff's understanding of the definition we're all
5 going to be listening for to know how you think you're
6 going to satisfy the requirement of being engaged in
7 the active practice of law for ten years at the bar?
8 A Among other things, the statutes 9 dash 3 and
9 9 dash 4, which require me as secretary of the state to
10 give legal advice to election officials, to write legal
11 opinions and declaratory rulings.
12 Q Okay. Is there any other definition you're
13 relying on?
14 A ? Let me restate my question. You're not
15 relying on the definition that you just referred us to
16 that a person who has a law degree who became a member
17 of the bar closed his office and decided to go fishing
18 would be considered the active practice of law, are
19 you.
20 MR. HORTON: Objection to the form.
21 Which definition are you talking about Eliot.
22 A I'm confused.
23 BY MR. GERSTEN:
24 Q Okay. Are you considering -- is it your
25 position that the individual -- I want to make sure I
Brandon Smith Reporting
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1 BY MR. GERSTEN:
2 Q Go ahead, ma'am? That is the -- is the going
3 fishing definition, the one we went over, the
4 definition, because you said that's one definition that
5 exists, is that the definition that you are relying on
6 in this lawsuit?
7 MR. HORTON: I object to the form of
8 the question. You're assuming she's relying on only
9 one definition.
10 A We have multiple --
11 MR. GERSTEN: If you couch her one more
12 time, Wes, you're right I'm going to go to the judge.
13 Please.
14 A I've already said there are many arguments
15 that we are making with respect to how I meet the
16 active practice definition under our state's law.
17 BY MR. GERSTEN:
18 Q And my question to you is not whether there
19 are many arguments, I'm trying to find out if this is
20 one of the arguments you are relying on. That calls
21 for a yes or a no?
22 A Yes.
23 Q Thank you. And going back to your
24 understanding about what happened with Claire Nardine
25 Riddle, was it your position at that time that
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1 A He does.
2 Q And what is his name?
3 A Joseph Lembo.
4 Q And is Mr. Lembo a member of your volunteer
5 lawyers?
6 A No.
7 Q Okay. Which just takes me one more question
8 about that. You indicated that you meet with your
9 volunteer lawyers as a group, I think you said twice a
10 month. Is that correct?
11 A I'm not certain there's a regular -- in one
12 month we could have met twice.
13 Q Okay. How about over the past four weeks,
14 how many times have you met with your volunteer
15 lawyers?
16 A Once or twice. I'm not certain.
17 Q Okay. Where did you meet?
18 A In Meriden.
19 Q Okay. Where in Meriden?
20 A Research parkway.
21 Q Okay. Whose offices?
22 A B and L companies.
23 Q Mr. Orr's offices?
24 A Yes.
25 Q And who are the members of the volunteer
Brandon Smith Reporting
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1 A Uh-huh.
2 Q And do you remember saying none other than
3 what the secretary of state's office would produce?
4 A Uh-huh.
5 Q Do you recall that?
6 A Yep.
7 Q And as you look at this today, are you
8 indicating you can't tell if this is the calendar that
9 you operated from -- I can represent to you, ma'am that
10 the numbers at the bottom were placed there by Perry or
11 his crew or his client and we've been told this is your
12 calendar. I'm looking to see if you can confirm that.
13 A It appears to be my calendar.
14 Q Good. Now, you testified previously that you
15 couldn't really tell us what he did on any given day
16 without looking at your calendar, do you recall that?
17 A Yes.
18 Q Okay. Now, I'm looking at your calendar from
19 just the first page which is dated 4/5 there.
20 MR. HORTON: I'm sorry.
21 BY MR. GERSTEN:
22 Q The first page there number 45. Do you see
23 that? Is it owe I see something about block field TC
24 event. Do you know what that stands for?
25 A It looks like it could stand for Brookfield
Brandon Smith Reporting
61
1 town committee.
2 Q Okay. And just so we have the record clear
3 because I don't know what I'm talking about, what is a
4 Brookfield town committee?
5 A A democratic town cheat.
6 Q So in your secretary of state's book here
7 you've recorded a meeting that you attended on March
8 12th, some Brookfield democratic town event, town
9 committee event; is that correct?
10 A Yes.
11 Q Good. Now, that week doesn't seem to have
12 any other meetings you took place in.
13 A Yes, and I'm actually wondering about this
14 month myself.
15 Q What is it you're wondering, ma'am?
16 A Because I know I did -- I'm surprised that
17 there are no events recorded on this calendar and I am
18 wondering about them.
19 Q Okay. So it looks like it may be missing
20 some information?
21 A It does.
22 Q Good. Let me ask you to take a look at the
23 page that's entitled May 14th, 2000. It's page number
24 54 do you see it?
25 A May 14th.
Brandon Smith Reporting
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1 Q Okay.
2 A However, I was absolutely working as
3 secretary of the state during this time period because
4 for instance in November of 2000 we would have had that
5 very interesting presidential election at which point
6 we were dealing with many election issues and there
7 were many media interviews, especially during the
8 months of November and December in the aftermath of
9 that election, which do not appear on this calendar,
10 which are making me wonder whether, in fact, this
11 calendar is an accurate representation of my work. And
12 that's why I'm looking in November and I know that I
13 was doing numerous media interviews which would have
14 been noted and they're not appearing on the calendar.
15 Q Okay. Well, you were the one who
16 indicated -- you guys can go rely on whatever the
17 secretary of state has produced to you to know what I
18 do as secretary of state and you said go look at that
19 calendar. Do you recall that?
20 A Yes.
21 Q And now what you're indicating is we can't
22 really rely on this calendar that's been produced for
23 that time period?
24 A Not this particular portion.
25 Q It just ain't right, right? So let's take
Brandon Smith Reporting
65
1 A Yes.
2 Q Good. Now, referring you to what I'm going
3 to -- the March 11th date, which is at 98 there.
4 A Wait a minute. What?
5 Q The March 11th, 2001 time period, which is
6 page 98. It's the last page. Do you see where I'm
7 referring to, page 98?
8 A Yes.
9 Q Good. Is it your testimony that when you're
10 speaking to Paul Patterson's government class relating
11 to citizenship you're practicing law?
12 A Yes.
13 Q Good. And is it your testimony that when you
14 indicate that you're at the Simsbury TC event would
15 that the be democratic town committee again?
16 A Yes, although it says a.m. and I wouldn't
17 have gone to a democratic town committee event in the
18 morning.
19 Q Okay. So --
20 A They're not held at 8:0 or 9:30 in the
21 morning.
22 Q So this is wrong?
23 A I'm just curious as to why it doesn't say
24 p.m. Well, I'm not sure about the time frame.
25 Q Okay. Well, are you testifying now that
Brandon Smith Reporting
67
1 policy, correct?
2 A Yes.
3 Q And if I understand it correctly, you're
4 indicating because you are an attorney, as a member of
5 the bar, when you are espousing matters of public
6 policy, you are engaged in the active practice of law;
7 is that correct?
8 A When I am advocating for changes to the law,
9 yes.
10 Q As a matter of public policy?
11 A As a matter -- when I advocate for changes in
12 election law, in -- for other types of law changes,
13 that is the practice of law.
14 Q Okay. And you would agree with me that
15 you -- when you do that, that is engaging in matters of
16 public policy, correct?
17 A It is engaging in public policy, it is also
18 engaging in the active practice of law to advocate for
19 legislative changes at the state level and at the
20 federal level.
21 Q And would you agree with me, ma'am that there
22 are many people who engage in that kind of advocacy who
23 do not have a law degree?
24 A Absolutely.
25 Q And you'll agree with me that there are many
Brandon Smith Reporting
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1 A Yes.
2 Q Okay. And the other one you pointed us to?
3 A Oh, I'm sorry, I missed Representive Lyons.
4 Q And Representive Lyons, that's another 30
5 minutes?
6 A Yes.
7 Q And what was the other one you referred us to
8 representative Merrill?
9 A Yes. And that is on Thursday the 1st.
10 Q And that's another 45 minutes?
11 A Yes.
12 Q Right?
13 A Yes.
14 Q Okay. So in this entire week what we got
15 here is an hour and 45 minutes spent on the activity
16 that you claim supports your position of practicing
17 law, correct?
18 A Yes, amongst other things.
19 Q Okay. Well, are you talking -- I've been
20 asking you to tell us what on this calendar amongst
21 other things but I don't see anything here. That's why
22 I asked you?
23 A What you have is my public meetings for these
24 particular days during the -- during the legislative
25 session. And, you know, and the other times I am
Brandon Smith Reporting
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1 A Sorry.
2 Q Pro problem. Do you know of any authority
3 from you to delegate all decision making with respect
4 to this matter to someone who's not elected as
5 secretary of state?
6 A I don't.
7 Q Thank you. Going back to Exhibit 12, ma'am,
8 which was the document I wanted to have copied during
9 the break. I'm going to hand that to you now. This is
10 your calendar for a few months of February 2002?
11 MR. HORTON: Excuse me Eliot before you
12 go there, we did figure out over the break what the
13 miss store about Exhibit Number 10 is. If you -- if
14 you wish to question it. If you don't that's fine.
15 A May I add something about Exhibit 10, please?
16 Q Sure. Hang on a minute I threw it out,
17 remember now I'm bringing it back. Okay.
18 A During the break, I spoke with my scheduler
19 to ask her why town committees might be appearing in
20 the morning and why there didn't appear to be much on
21 the calendar for many months and she indicated that
22 scheduler by the name of Babette Mantilla, who preceded
23 her, had kept calendars on a different program,
24 computer program. And there -- and that may not have
25 been -- that information may not have been properly
Brandon Smith Reporting
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1 A Yes.
2 Q Go ahead. Would you be so kind?
3 A It looks like on Sunday evening it starts to
4 say prep for and it looks like testimony, because then
5 the next day on the 11th I prepared for my testimony
6 before the G A E hearing and the judiciary hearing as
7 well.
8 Q So if we got that Sunday highlighted. Then
9 we got the judiciary committee hearing?
10 A A testimony prep from 10:15 to 12:00 and then
11 the G A E hearing from 12:00 to 1:00 and then the
12 judiciary hearing from 2:00 to 4:00.
13 Q Okay. Any other occasions that you see
14 marked in your calendar that reflect activities that
15 you engaged in the practice of law?
16 A Yes. There is a reference on the 12th to E D
17 R and CVR. It looks like I was speaking to the media
18 about election day registration in our centralized
19 voter registration bills, which were pending.
20 Q Any other occasions?
21 A Those are the ones that I see right there.
22 Q Okay. Now, in your entry on Monday when you
23 were at the G A E committee and at the judiciary
24 committee, you didn't represent to either of those
25 legislative bodies that you were an attorney,
Brandon Smith Reporting
102
1 correct?
2 A No, because I sat on the judiciary committee
3 when I was in the legislature for six years and many of
4 the members already knew that. I didn't feel it was
5 necessary.
6 Q Okay. Whether you thought it was necessary
7 or not, if someone is just sitting out in the audience
8 and listening to you talk, they didn't know you, you
9 didn't do anything to identify yourself as I'm here as
10 the secretary of state and I am an attorney letting you
11 know about my position on these issues, correct?
12 MR. HORTON: I object because you went
13 overall this last time.
14 MR. GERSTEN: Actually, I didn't. But
15 go ahead.
16 BY MR. GERSTEN:
17 Q Madam Secretary?
18 A No, I did not indicate I was a lawyer to
19 either committee.
20 Q And would you agree with me, ma'am, that
21 members of the public sitting in on those hearings,
22 those were members of -- if they live in Connecticut,
23 those are constituents of yours, right?
24 A Yes.
25 Q And those are people you consider to be I
Brandon Smith Reporting
103
1 not until 2004, 2005 that all of the towns became part
2 of that system and that all of the towns were part of
3 it. And then there was a press conference on the 28th
4 regarding voters with disabilities issues. And again,
5 this is a civil rights issue.
6 Q Okay. Are you the draftsman of this civil
7 rights law that you're referring to?
8 A I advocated for provisions that were
9 ultimately put into the Help America Vote Act with
10 respect to the centralized voter registration system
11 and one of the marriage tenants in the Help America
12 Vote Act is to ensure that people with disabilities
13 could vote privately and independently and it is part
14 of my job as the chief elections official for the state
15 to make sure that our state complies with federal civil
16 rights law.
17 Q Okay. Now, by the way you had a meeting with
18 rabbi Alan Lazowski by the way on the 25th?
19 A Yes.
20 Q Was that a fundraising meeting?
21 A No. Rabbi Lazowski is the -- I don't know if
22 chaplain is the correct word but he is the -- he is
23 often one of the people who says the prayer at the
24 beginning of the session.
25 Q So you were meeting with him in connection
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107
1 America Vote Act and federal civil rights law and the
2 steps our state was taking in order to make sure that
3 we were in compliance.
4 Q And your testimony today is that when you
5 give an interview and educate people about how we're
6 going to comply with the new law, you are acting as an
7 attorney when you give these interviews in your
8 capacity as secretary of state?
9 A Yes.
10 Q Okay. And if I ask you to take a look at the
11 next week, ma'am, of April 20th.
12 A Yes.
13 Q Could you identify the occasions in which
14 this calendar reflects that you are engaging in
15 activities that demonstrate that you were engaged in
16 the practice of law?
17 A Yes. Because there are various references to
18 conversations concerning our centralized voter
19 registration system where we were advocating for
20 mandatory CVR legislation at the state level and it was
21 already part of the Help America Vote Act, so I'm
22 referring to the 22nd. And also --
23 Q Could you slow down for a moment. What entry
24 on the 22nd are you referring to there, ma'am?
25 A The telephone conference with Maria.
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112
1 right?
2 A She was a lawyer who worked in my office.
3 Q Okay. Did she do legal work?
4 A Yes. Absolutely.
5 Q Okay. And is -- when you -- I'm sorry, keep
6 going. I'm sorry. Any other instances in which you
7 claim you've engaged in the practice of law this week?
8 A Also a conversation that I see with my deputy
9 on the 2nd of May.
10 Q Okay. Is that the one that says office
11 issues or voting machines?
12 A That would be voting machines.
13 Q Okay. So your testimony is --
14 A And office issues could have perhaps
15 included --
16 Q Your testimony is any time my deputy and I
17 talk about voting machines, we're practicing law
18 because she's an attorney and I'm an attorney?
19 A No.
20 Q Okay?
21 A Because when we are talking about voting
22 machines, we are talking about the search and the task
23 that we were charged with under the Help America Vote
24 Act to find voting machines that would comply with the
25 various several rights component of the Help America
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1 A It depends.
2 Q And what does it depend on, Madam
3 Secretary?
4 A Whether I have a campaign and whether I have
5 a campaign going on and when I decide to take time to
6 do so.
7 Q And I'm only asking you over the past three
8 months because I think you can concede you had a
9 campaign going on over the past three months,
10 correct?
11 A Uh-huh.
12 Q Over the past three months, how many days a
13 week do you take time out to make telephone calls to
14 people to solicit money?
15 A I'm not sure.
16 Q And when you say I'm not sure, is it that you
17 don't remember or you don't have any idea how much time
18 you take?
19 A I don't remember.
20 Q Okay. And what document would exist that you
21 could look at to tell you, did I make those calls that
22 day to refresh your recollection?
23 A I don't have a document that -- to keep track
24 of that time.
25 Q Okay. Does your campaign keep track of phone
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122
1 A Yes.
2 Q And does the document reflect the number or
3 names of people that you called that day?
4 A Can you ask that again?
5 Q Sure. Does the document that Omar keeps
6 reflect the number of calls or names of people you
7 called to solicit money that day?
8 A Yes.
9 Q And does the document reflect whether you
10 made if phone call during the middle of the day or some
11 other time period?
12 A No.
13 Q If you looked at the document, would it
14 refresh your recollection whether or not you made the
15 phone calls during the middle of the day?
16 A No.
17 Q They would just reflect you made phone calls
18 that period of the day?
19 A Yes.
20 Q If we took your calendar?
21 MR. HORTON: What period of day? I'm
22 sorry.
23 MR. GERSTEN: I'll restate it.
24 BY MR. GERSTEN:
25 Q If we took that document and we compared it
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124
1 well.
2 Q There are, it's just that's one I don't think
3 I ever heard of before?
4 A Me neither.
5 Q Have you learned what it celebrates?
6 A No. Sorry.
7 Q Okay. Moving onto the next week would you be
8 kind enough to identify those activities that you claim
9 support your position that you are engaged in the
10 active practice of law?
11 A That would be on the 17th of May, my
12 conversation with Maria about primary issues. There
13 are, as you head toward primary season, we often have
14 issues in large cities with respect to primary
15 questions. And so I have a meeting with Maria about
16 that where we are called upon to advise the candidates
17 and party members about legal issues with respect to
18 primaries.
19 Q Do you recall what the primary issue was in
20 connection with Bridgeport that you were referring
21 to?
22 A They have a lot of primary issues and every
23 primary season you can count on -- you can count on
24 getting calls from many large cities on primary topics.
25 I can't recall specifically what that was.
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1 Q Okay.
2 A Again, a -- I would note meeting with Maria
3 on Tuesday, the 18th from 2:00 to 3:00, and from 3:30
4 to 4:30 and it looks like not only was I meeting with
5 my deputy regarding HAVA, but there were certifications
6 that we had to sign, probably with respect to receipt
7 of federal funds.
8 On the 19th of May I had a meeting with my
9 deputy from 1:00 to 2:00 and also a policy meeting with
10 my executive staff from 10:00 to 11:00.
11 Q And what date was that, ma'am?
12 A That would be the 19th of May.
13 Q Okay.
14 A And Friday, there is a news makers taping I'm
15 not sure what the topic was, but it could have been
16 about legislation. So -- but I'm not certain.
17 Q So you would consider if it's about
18 legislation, that supports your position that you're
19 engaged in the practice of law?
20 A Yes to the extent that it involves
21 legislative advocacy.
22 Q And turning onto the next week, ma'am. Could
23 you tell us the instances that are reflected in your
24 scheduling that demonstrate you were engaged in the
25 practice of law?
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1 BY MR. GERSTEN:
2 Q If you could look at Exhibit 16, ma'am. And
3 where does it indicate on this document that you are
4 engaged in the practice of law on the first page,
5 number 385?
6 A I am not certain about the topic of the press
7 conference. I'm going to assume that it's --
8 Q What day is that, ma'am?
9 A Election related. That would be on the 11th.
10 Because there was preparation going on for that on the
11 11th from 12:00 to 1:30 and a meeting with respect to
12 it from 3:00 to 3:30 and there are meetings and
13 interviews regarding voting machine selection and this
14 may have been about the time that we selected a type of
15 voting machine that we thought would comply with the
16 Help America Vote Act I just can't be sure because, you
17 know, I don't have any more information. But it looks
18 like that from some of the other entries that appear
19 later on in the week on the 14th.
20 Q So I would be correct that your testimony is
21 that in connection with the secretary of state's
22 implementation of a mechanism to comply with the Help
23 America Vote Act, you personally are engaged in the
24 practice of law?
25 A Yes. Absolutely. Because it would be my job
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1 A Yes.
2 Q Moving on to page 387 of the Bates stamp
3 documents which starts with September 24th. Could you
4 tell us --
5 A Yes. On the 26th of September from 10:00 to
6 11:00 30, and -- we -- our office did a demonstration
7 and program with election officials in New London about
8 the voting machine technology and our compliance with
9 Help America Vote Act and then an interview thereafter
10 with channel 3 from 11:30 to 11:45. And also we did
11 another demonstration on the voting machine equipment
12 on the 27th between 10:00 and 12:00 in Norwich. And
13 from 1:30 to 3:00 we had a meeting with the league of
14 women voters talking about our office's compliance with
15 the Help America Vote Act and also with legislation
16 because we meet with the league on a regular basis and
17 advocate for changes to election law in collaboration
18 with the league of women voters.
19 Another voting machine demonstration in
20 Windham on the 28th of September from 10:00 to 11:00
21 with an interview there. And an editorial board
22 meeting about the new voting technology with the
23 romantic chronicle from 11:00:10 to 11:45. And I'm not
24 sure had a this --
25 Q Okay. That's fair enough. So if we subtract
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1 at, correct?
2 A Yes. But again, my calendar affects --
3 namely reflects public events, not everything that I
4 might do during the course of a day.
5 Q Well when you call them public events we know
6 you also have personal days on here, personal meetings
7 because we've seen them, right?
8 A Yep.
9 Q And when you call them public events, we have
10 a lot of meeting with Tammy, that's within your office,
11 right?
12 A That's an internal meeting but not all my
13 internal meetings are reflected.
14 Q Okay. Have you seen any internal meetings in
15 any of the samples we've selected here of meetings with
16 staff attorneys?
17 A There was one that I just saw with Lou on
18 Exhibit 16 that I didn't point out.
19 Q You did point that one out. That was one?
20 A Okay. So not right here with the exception
21 of meetings that I might have noted with my deputy, who
22 is an attorney.
23 Q So is it your testimony that these calendars
24 do not accurately reflect how you spend your time as
25 secretary of state?
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1 A No.
2 BY MR. GERSTEN:
3 Q If I understand the stipulation attorney
4 Horton is making, am I correct, ma'am, that none of the
5 examples you provided to us from your calendar that
6 we've talked about today, in not one of these have you
7 identified yourself as an attorney when you say, this
8 is proof that I engaged in the practice of law, am I
9 correct?
10 A Correct.
11 Q Any other examples you'd like to point out to
12 us that you want to say support your claim that you are
13 engaged in the active practice of law?
14 A Yes. I would say that as we were preparing
15 for this press conference on this issue of the
16 president's ban on voter registration at veteran's
17 hospitals, we -- that that was the practice of law
18 along with that press conference and a discussions with
19 the reporters on that day afterward about it.
20 Q Okay. Now, during the following week, -- I
21 can represent to you ma'am that I got -- my secretary
22 gave me a note that judge she would done didn't want to
23 interfere with the deposition but he did want us to be
24 made aware that some TV station wants to broadcast some
25 hearing tomorrow with your case. And I was passing it
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1 along to --
2 MR. HORTON: It's the --
3 MR. GERSTEN: Identifies just passing
4 that along to your lawyer.
5 MR. HORTON: It's not important.
6 BY MR. GERSTEN:
7 Q Ma'am, take a look at the week of September
8 14th. I see you had a meeting on the 19th with George
9 Collie at the Enfield senior center do you see that?
10 A I do.
11 Q Okay. Was that a fundraising event, ma'am?
12 A I don't -- I don't -- I'm not sure.
13 Q Well, what would you and Mr. Collie be
14 meeting about if it weren't for fundraising?
15 A I'm not sure -- I don't know what that was.
16 Q All right. Is George Collie someone you've
17 solicited money from?
18 A Yes. But I don't remember on that particular
19 day what --
20 Q Not a problem. Would you agree, ma'am,
21 George Collie has in fact contributed to your campaigns
22 in the past, correct?
23 A He has.
24 MR. HORTON: Did you finish your answer
25 from the previous question?
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1 practice of law?
2 A Could you ask that question again.
3 MR. GERSTEN: Go ahead, madam court
4 reporter?
5
6 (The testimony was read.)
7
8 A You are asking who I intend to bring or would
9 I intend to bring someone to do that? And I would have
10 to discuss that with my counsel.
11 Q Okay. And you made reference before that
12 Leslie Mara has notes of discussions regarding the
13 practice of law issues we've been discussing here. Do
14 you recall that?
15 A I said that she sometimes makes notes of
16 conversations that we have with election officials who
17 are asking for advice.
18 Q Okay. Just so you're aware of this, ma'am, I
19 don't care if you go back and ask her or not but we've
20 asked for those kind of notes to be produced in this
21 case and we've been told they don't exist. So if you
22 have them or you have access to them through your
23 subordinate who works for you would be a good idea to
24 have those with you tomorrow?
25 MR. ZINN-ROWTHORN: We have made the
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