Transcript of Cheryl D. Mills, Esq
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Transcript of Cheryl D. Mills, Esq. Date: May 27, 2016 Case: Judicial Watch, Inc. -v- U.S. Department of State Planet Depos, LLC Phone: 888-433-3767 Fax: 888-503-3767 Email: [email protected] Internet: www.planetdepos.com Worldwide Court Reporting | Interpretation | Trial Services Videotaped Deposition of Cheryl D. Mills, Esq. Conducted on May 27, 2016 1 (Pages 1 to 4) 1 3 1 IN THE UNITED STATES DISTRICT COURT 1 A P P E A R A N C E S 2 FOR THE DISTRICT OF COLUMBIA 2 ON BEHALF OF PLAINTIFF: 3 - - - - - - - - - - - - - - x 3 RAMONA COTCA, ESQUIRE 4 JUDICIAL WATCH, INC., : 4 JAMES F. PETERSON, ESQUIRE 5 Plaintiff, : 5 MICHAEL BEKESHA, ESQUIRE 6 v. : Civil Action No. 6 PAUL J. ORFANEDES, ESQUIRE 7 U.S. DEPARTMENT OF STATE, : 13-cv-1363(EGS) 7 JUDICIAL WATCH, INC. 8 Defendant. : 8 425 Third Street, SW 9 - - - - - - - - - - - - - - X 9 Suite 800 10 10 Washington, DC 20024 11 Videotaped Deposition of CHERYL D. MILLS, ESQ. 11 (202) 646-5172 12 Washington, DC 12 13 Friday, May 27, 2016 13 ON BEHALF OF DEFENDANT: 14 9:25 a.m. 14 ELIZABETH SHAPIRO, ESQUIRE 15 15 MARCIA BERMAN, ESQUIRE 16 16 STEVEN A. MYERS, ESQUIRE 17 17 LARA NICOLE BERLIN, ESQUIRE 18 18 U.S. DEPARTMENT OF JUSTICE 19 19 CIVIL DIVISION 20 Job No.: 112361 20 20 Massachusetts Avenue, NW 21 Pages 1 - 270 21 Washington, DC 20530 22 Reported by: Debra A. Whitehead 22 (202) 514-2205 2 4 1 Videotaped Deposition of CHERYL D. MILLS, ESQ., 1 A P P E A R A N C E S C O N T I N U E D 2 held at the offices of: 2 ON BEHALF OF THE WITNESS: 3 3 BETH A. WILKINSON, ESQUIRE 4 PLANET DEPOS - DC 4 HAL BREWSTER, ESQUIRE 5 1100 Connecticut Avenue, NW 5 ALEXANDRA M. WALSH, ESQUIRE 6 Suite 950 6 WILKINSON WALSH & ESKOVITZ 7 Washington, DC 20036 7 1900 M Street, NW 8 (888) 433-3767 8 Suite 800 9 9 Washington, DC 20036 10 10 (202) 847-4000 11 11 12 Pursuant to notice, before Debra A. Whitehead, an 12 13 Approved Reporter of the United States District Court 13 ALSO PRESENT: 14 and Notary Public of the District of Columbia. 14 JEREMY DINEEN, Video Specialist 15 15 THOMAS J. FITTON, President, Judicial Watch 16 16 GREGORY LAUDADIO, Judicial Watch 17 17 18 18 19 19 20 20 21 21 22 22 PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Videotaped Deposition of Cheryl D. Mills, Esq. Conducted on May 27, 2016 2 (Pages 5 to 8) 5 7 1 C O N T E N T S 1 P R O C E E D I N G S 2 EXAMINATION OF CHERYL D. MILLS, ESQ. PAGE 2 (Deposition Exhibit 1 marked for 3 By Ms. Cotca 9 3 identification and is attached to the transcript.) 4 By Ms. Wilkinson 255 4 VIDEO SPECIALIST: Here begins Tape Number 5 By Ms. Berman 262 5 1 in the videotaped deposition of Cheryl Mills in 6 By Ms. Cotca 263 6 the matter of Judicial Watch, Inc., versus the U.S. 7 7 Department of State, in the U.S. District Court for 8 E X H I B I T S 8 the District of Columbia, Case Number 13-CV-1363. 9 (Attached to the Transcript) 9 Today's date is May 27, 2016. The time on 10 DEPOSITION EXHIBIT PAGE 10 the video monitor is 9:25. The videographer today 11 Exhibit 1 Subpoena to Testify at a 7 11 is Jeremy Dineen, representing Planet Depos. This 12 Deposition in a Civil Action 12 video deposition is taking place at Planet Depos, 13 Exhibit 2 E-mail String 51 13 1100 Connecticut Avenue, Northwest, in Washington, 14 Exhibit 3 E-mail String 61 14 DC. 15 Exhibit 4 12/5/14 Letter from Ms. Mills 69 15 Would counsel please voice-identify 16 to The Honorable Patrick F. Kennedy 16 themselves and state whom they represent. 17 Exhibit 5 E-mail String 73 17 MS. COTCA: Ramona Cotca, for Judicial 18 Exhibit 6 E-mail Strings 122 18 Watch. 19 Exhibit 7 E-mail Strings 146 19 MR. ORFANEDES: Paul Orfanedes, for 20 Exhibit 8 E-mail Strings 155 20 Judicial Watch. 21 Exhibit 9 E-mail Strings 163 21 MR. BEKESHA: Michael Bekesha, for 22 Exhibit 10 E-mail String 174 22 Judicial Watch. 6 8 1 E X H I B I T S C O N T I N U E D 1 MR. PETERSON: James Peterson, for 2 DEPOSITION EXHIBIT PAGE 2 Judicial Watch. 3 Exhibit 11 E-mail Strings 216 3 MR. FITTON: Tom Fitton, President of 4 Exhibit 12 1/27/16 Letter from Senator 218 4 Judicial Watch. 5 Grassley to The Honorable 5 MR. LAUDADIO: Gregory Laudadio, for 6 John F. Kerry 6 Judicial Watch. 7 7 MS. BERLIN: Lara Berlin, Department of 8 8 State. 9 9 MR. MYERS: Steven Myers from the Justice 10 10 Department, on behalf of State. 11 11 MR. BREWSTER: Hal Brewster, representing 12 12 Cheryl Mills. 13 13 MS. SHAPIRO: Elizabeth Shapiro, for the 14 14 Department of State and the witness in her capacity 15 15 as a former State Department employee. 16 16 MS. BERMAN: Marcia Berman, from the 17 17 Department of Justice, representing the State 18 18 Department and Ms. Mills in her official capacity as 19 19 a former State Department employee. 20 20 MS. WALSH: Alexandra Walsh, for Cheryl 21 21 Mills. 22 22 MS. WILKINSON: Beth Wilkinson, for Cheryl PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Videotaped Deposition of Cheryl D. Mills, Esq. Conducted on May 27, 2016 3 (Pages 9 to 12) 9 11 1 Mills. 1 If you can -- and -- and I'll try my best 2 THE WITNESS: I'm Cheryl Mills. 2 to do so. 3 VIDEO SPECIALIST: The court reporter 3 A Thank you. 4 today is Debbie Whitehead, representing Planet 4 Q Will you do that? 5 Depos. 5 A (No verbal response.) 6 Would the reporter please swear in the 6 Q Okay. It may take a while. There are a 7 witness. 7 lot of attorneys in the room. I'm not sure if the 8 CHERYL D. MILLS, ESQ., 8 other side will have any questions of you. 9 having been duly sworn, testified as follows: 9 But if you need a break at any point, let 10 EXAMINATION BY COUNSEL FOR PLAINTIFF 10 me know. We'll be happy -- I'll be happy to try to 11 BY MS. COTCA: 11 come to a good stopping point for us to break. But 12 Q Good morning, Ms. Mills. Thanks very much 12 we'll also try to have routine breaks, if necessary. 13 for coming. 13 Just let me know. Is that fair? 14 A Thank you. 14 A Thank you. 15 Q As I introduced myself, I'm Ramona Cotca, 15 Q Sure. As you know, you've been sworn in. 16 and I represent Judicial Watch in this matter. If 16 You understand that the deposition is taken under 17 you could please just for the record identify your 17 oath. 18 name just one more time? 18 Is -- are there any reasons why you would 19 A My name is Cheryl Mills. 19 not be able to answer truthfully here today? 20 Q Okay. Ms. Mills, I know you're an 20 A Not that I know of. 21 attorney, so you may be very well familiar with 21 Q Okay. I think that covers all the ground 22 depositions, but I just want to go over some ground 22 rules. If there's anything that comes to mind, I'll 10 12 1 rules beforehand. 1 let you know. 2 A I appreciate that. 2 A Thank you. 3 Q Sure thing. 3 Q Sure. I just want to go briefly over 4 As you can see, there is a court reporter 4 your -- you're an attorney. If you can just tell me 5 here, and the deposition is being videotaped. 5 briefly your education background, college and law 6 So we can get a clear transcript of 6 school. 7 everything that's being said here, I would just 7 A I went to the University of Virginia for 8 ask -- well, first, I will make sure to let you 8 undergraduate, and then for law school I went to 9 finish answering my questions, to let you finish 9 Stanford University out in California. 10 answering. And then if you could just let me finish 10 Q Okay. And when did you graduate from 11 asking my question, so we don't speak over each 11 Virginia, from UVA? 12 other and we have a clear transcript. Is that fair? 12 A Do I have to say that? I am so old. 13 A Sure. 13 I graduated from UVA in 1987, and I 14 Q Okay. Also, if you could please provide 14 graduated from Stanford Law School in 1990. 15 verbal responses rather than head nods that would be 15 Q Okay. Great. Thank you. And right out 16 helpful for the court reporter as well, and for us 16 of law school, you went to a law firm. 17 when we go ahead and read the transcript after 17 Is that right? 18 today. 18 A I did. I went to work at Hogan & Hartson, 19 The other thing I would say, if there is a 19 which is a law firm here in Washington, DC, though 20 question that you do not understand or you need some 20 their name has now changed.