A reader called to my attention an extraordinary letter in the Jeffrey Epstein sex abuse case. This is the case that has, surreally, drawn in Alan Dershowitz and Prince Andrew. In a recent filing, Paul G. Cassell and Bradley J. Edwards, lawyers who represent a woman who claims to be a victim of sexual assault by Mr. Dershowitz and the Prince, submitted a letter from their own lawyer, Jack Scarola of Searcy Denney Scarola Barnhart & Shipley in West Palm Beach, Florida, addressed to His Royal Highness the Duke of York.
Anyway, the letter is a “formal request” that the Prince make himself available for an interview, under oath, regarding the case. Apparently the letter was refused. My reader was rightly puzzled by the letter. What is it, exactly? It’s not a subpoena, of course, nor could it be: a subpoena from the court in Florida where the action is pending cannot be served abroad, except with leave of court if the person to be deposed is a national or resident of the United States under 28 U.S.C. § 1783. Nor is it a request to a competent UK authority to take evidence from Prince Andrew, which Cassell and Edwards could make, again with leave of court, under the Hague Evidence Convention. Instead, it is merely what it purports to be—a request that Prince Andrew was perfectly free to ignore, as apparently he has.
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