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because Professor Cassell is not here as an expert witness and hypotheticals are inappropriate. You're calling for speculation on his part and I'm not going to instruct him not to answer, but it 1S an improper question. MR. SIMPSON: I disagree, but you can answer the question. THE WITNESS: Right. So the factual basis would -- we are setting aside attorney/client communications, right? BY MR. SIMPSON:
Q. I'm asking: What would you tell the judge?
A. Right. So that -- that's speculative. I don't think I can give a fair answer at this point because that would have involved going back to my client and carving out what kinds of things we were going to present to Judge Marra in light of the posture of the case at that point.
So it's a speculative question. I would have -- let me just, without going into any attorney/client privileged communications, I would have provided an ample factual basis for those allegations.
MR. SIMPSON: Move to strike as nonresponsive.
BY MR. SIMPSON:
ROUGH DRAFT ONLY
HOUSE_OVERSIGHT_021878