6.Privilege Procedures for Lauren Salzman's Testimony

THE COURT: All right.

Members of the jury, we're going to adjourn for the day now. Let me remind you that it's extremely important that you follow my instructions; that you not discuss this case with anyone, not your family, friends, business associates, or fellow jurors.

In addition, you must not read, listen to, watch, or access any accounts of this case on any form of media, including newspaper, TV, radio, podcasts, or the Internet. Do not do any research or seek outside information about any aspect of this case. Please do not communicate with anyone about the case on your phone, whether through e-mail, text messaging, or any other means, or any blog, or website, or by way of any social media including Facebook, Twitter, Instagram, YouTube, or other similar sites.

You must not consider anything you may have read or heard about this case outside of this courtroom whether you read it before or during jury selection, or during this trial. Do not attempt any independent research or investigation about the case, and do not visit any of the locations identified on the questionnaire or discussed during the course of the jury selection process or this trial.

About tomorrow, we will begin at 9:30. We will take a brief lunch break around noon and continue. That will be about a half-hour break and we will continue until 2:00 p.m., at which time we will adjourn for the week, and then you will return again on Monday morning at 9:30.

So get a good night's sleep. Thank you for your attention.

All rise for the jury.

THE COURT: The witness may step down.

And you'll return at 9:30 tomorrow morning. Please do not discuss your testimony with anyone this evening.

THE COURT: All right. Everyone may be seated.

You are excused, sir.

THE COURT: All right. We have some additional business, mainly for the attorneys. It's having to do with privileged issues.

About how much more do you have with this witness on direct?

THE COURT: All right. Very good.

And we will have the overflow room available because of the identity of the cooperating witness. All right?

And so at this point, I am going to meet with the attorney for the cooperating witness on a privilege issue, then I will be back out and we can discuss that with counsel. So I would like the defendant to be available for that.

THE COURT: All right. And you can please go with the defendant and tell them we're ready.

And at this point, Mr. Diaz, are you here?

THE COURT: Oh, okay. Okay.

All right. At this time, we will take a break, and I will meet with the attorney and with the court reporter at this time.

THE COURT: Please be seated.

Let me just take your appearances.

THE COURT: Okay, very well. Please be seated.

So this can be in public.

Let me just advise you. I've spoken with counsel for Ms. Salzman, Lauren Salzman, and tomorrow, what I've suggested is with regard to any claims of privilege that result from the joint defense agreement that was entered into in, I've asked Mr. Diaz to chat with Mr. Raniere's counsel, since you're all aware of what the parameters were of the joint defense agreement and what was discussed in connection with the joint defense agreement.

So tomorrow morning when we have the testimony of Miss Salzman, if Mr. Diaz or Mr. Agnifilo believe that the question is -- an answer would be covered by privilege from the joint defense agreement, then you can ask for a sidebar before the witness answers. So that we can resolve the matter before something gets on the public record. That's in dealing with the joint defense agreement.

But then there's another privilege that's been asserted having to do with NXIVM Corporation. And as to that, counsel for NXIVM is going to call in tomorrow morning at 9 a.m., because he can't be here, I guess, and so that we can have a discussion about whether the NXIVM -- the nature of any privilege being -- specific privilege material being asserted by the NXIVM Corporation. But we'll do that without the public present.

THE COURT: All right. But I can't be sure about what kind of privilege is being asserted unless it's in the -- unless it's in Judge Scanlon's decision, we're going to take a look at that.

If it's something you've seen Judge Scanlon's decision; haven't you?

THE COURT: Well, you should be here tomorrow and listen to what counsel has to say about what it deems to be a privilege, and you can have a comment on the claims of privilege that the -- that NXIVM's counsel raises.

But they haven't raised it with me. I don't have a letter -- I have a letter from Mr. Diaz. I don't have a letter from NXIVM's counsel, and they know this trial is going on.

So I'd be curious to know and they -- we reached out them, they didn't reach out to us. So I'd be curious to hear what they seem to think would be covered by privilege that would be created by the discussions between the board of NXIVM, upon which Miss Salzman was a member, and counsel for NXIVM, which is the basis for the privilege.

THE COURT: All right.

Are there any questions at this point?

THE COURT: All right.

But also, there's a concern that I would have that anything that's privileged that Miss Salzman would otherwise testify to that would have an adverse effect on your client should not be disclosed either, if it came up in the context of the joint defense agreement.

THE COURT: All right? Thank you.

Have a good night.