DEPOSITIONS

Armed with Idealism and Innocence, USDOJ INS Whistleblower Caryl Leventhal Prepares to do one-on-one Battle with the vaunted US Department of Justice and their Judicial Guard Dogs... The US Attorney's Office

Depositions are part of the Discovery Process.  By asking a series of questions, it is a process in which information can be gathered.  Along with the respective parties and their legal counsel, a record is kept, either by a stenographer (as in court) or video camera.  Contrary to what many people think, a judge is not present.  The document that follows is a typical request for a Deposition appearance.  Typically, the deposed attempts to supply as little incriminating information as possible.  But they best not lie, because their responses can be brought up in court.  On the other hand, lawyers will informally tell a deposee, "Saying 'I don't remember' isn't lying."  To non-lawyers raised with a sense of real world morality, this is patently untrue.  But "lawyer world" frequently has its own rules of ethics.

This is a symbolically crucial case involving the brutalization of a US Department of Justice Immigration and Naturalization Service employee and whistleblower to corruption at INS 26 Federal Plaza N.Y.C.  The latter included the illegal selling of Green Cards and processing visas without proper background checks, allowing potential criminals and terrorists into the United States. 

THE UNANSWERED QUESTIONS: Why will judge Shira Scheindlin keep from the jury and court record, evidence and testimony of the rampant terrorist friendly corruption Caryl Leventhal was attempting to stop (You can find it by going to the Sworn Deposition of Brenda Grant). Why will Eric B. Fisher, Deputy US Attorney place winning a case over information from this whistleblower that could warn the American people of terrorism?  Why will Alan R. Kaufman, Chief of the US Attorney's (Southern District) Criminal Division threaten The Leventhal family with arrest and prosecution if they didn't censor this website to place the US Department of Justice in a better light?  Why are they working to place America at risk?    

February 18, 2000: Notice of Depositions served on four key US Department of Justice/Immigration & Naturalization Service management personnel (Brenda J. Grant, Agatha Stewart, Gwen McPherson and Edward McElroy).  These are the individuals named in Caryl Leventhal's 1996 Administrative complaint that INS/EEO tried unsuccessfully to stonewall.  They were again named when she filed a complaint in Federal Court (99CIV.10405 October 8, 1999).  Either through Commission or Omission, all are alleged responsible for directly brutalizing Caryl Leventhal, doing nothing to stop the actions (in spite of responsibility to do so), or attempting a cover-up.  For weeks, the US Attorney has made excuses as to why these people couldn't appear. 

JUDICIAL PATHOLOGY (US Attorney Tactics in Caryl Leventhal vs. Janet Reno and the US Department of Justice 99CIV.10405)

March 27, 2000: One of the most callous, manipulative and shameless acts in a federal law suit Is instituted by the US Department of Justice.  Caryl Leventhal is disabled with Multiple Sclerosis.  In spite of the US Attorney failing to establish set Deposition dates for the people he is shielding, Caryl agreed to meet with him for her own Deposition on March 29, 2000.  Two days before the meeting, the US Attorney refuses her plea that her husband, LTC Michael G. Leventhal be present.

The US Attorney claims the right to arbitrarily do this under alleged existing law.  He claims that in order to keep testimony from being tainted, someone who will be a witness is often excluded from being present during Discovery.  In this way, they are kept from hearing responses to questions.  

NOTE: Due to limited time before Caryl Leventhal's Deposition, the US Attorney is given the benefit of the doubt, under the assumption that he has a modicum of judicial integrity.  Unfortunately this did not happen to be the case.  It was a flagrant attempt at further brutalizing a brain damaged woman, isolating her from her husband and malevolently hoping to twist her testimony.  See "Liar, Liar, Pants on Fire" section below this text.

Caryl Leventhal and her husband have an exceptionally close and loving relationship.  They have collaborated in this case for for almost four years.  In view of Caryl's condition, she conveys her wishes to her husband and he carries out her policies.  Both are intimately aware of how each might respond to specific questions.  There is no need to keep them separated other than to punish a sick woman and make her more vulnerable to what is nothing more than a premeditated, "judicial war crime."  In an attempt to provide some semblance of solace, Caryl Leventhal's husband will wait in a room within the legal suite.

The US Attorney is well aware that Ms. Leventhal fatigues easily.  When this occurs, her cognitive responses to questions become clouded.  The US Attorney appears to be counting on two brutal events occurring:

1.    Caryl Leventhal will become so fatigued and confused that he can manipulate answers to questions.  He will then use her answers, to make a Motion to Dismiss, or attempt to subvert the fairness of our excellent Federal trial system.

2.    According to her physician of some seven years, stress is a contributing factor in Caryl Leventhal having an exacerbation of Multiple Sclerosis.  The US Attorney is aware of this since he is in possession of a statement from Ms. Leventhal's physician.  In almost ten years, the only two exacerbations of Multiple Sclerosis occurred during her brutalization at INS between the summer of 1995 and 1996.  If he can induce an exacerbation of Multiple Sclerosis -- even at the expense of destroying the life of this decent American woman -- he can say that what happened in 1995-1996 was just the normal cycle of her Multiple Sclerosis. 

The US Attorney is found to have lied when he claimed that he can arbitrarily exclude Caryl Leventhal's husband from her deposition proceeding (see above).  This is an outrageous attempt at subverting human decency and deposition ethics in the treatment of a brain damaged woman with Multiple Sclerosis.  Caryl Leventhal's husband is considering the filing of ethics charges against a US Attorney defending a hopelessly immoral position, by subverting the rule of law.  The compromised Federal Rule of Evidence appears below:

Federal Rule of Evidence 615 provides that "at the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of . . . (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause. . . ."

The local rules of the federal courts for the Southern and Eastern Districts of New York include a rule 30.4, which is applicable in only the Eastern District:-- "A person who is a party in the action may attend the deposition of a party or witness. A witness or potential witness in the action may attend the deposition of a party or witness unless otherwise ordered by the court (emphasis supplied)."

Rule of Evidence 615 does not apply to depositions. It has nothing whatever to do with depositions. The fact that the local rule doesn't apply in the Southern District merely means that without a court order barring designated individuals attendance at a deposition parties and witnesses may be present. These are matters which would normally be dealt with by counsel. Neither side wants strangers. Persons somehow related to the case can read the transcript and if counsel for the side with which the attendee is related wants that person present, absent some special circumstances, there is no objection. In any event, only the court can decide to exclude someone wanted by a side.

March 29, 2000:  Caryl Leventhal is deposed by the US Attorney under the additional stress of her husband's absence.  After two hours she becomes ill and the in-person Deposition is terminated.  In the interests of human decency, a formal request will be made by Caryl's attorney, that all future Depositions be conducted within a continued two hour maximum framework.  This is not unusual in cases where you are dealing with a sick person, incapable of the rigors of a Deposition.  It is particularly proper when Caryl Leventhal, in abject fear for her life, displays her good faith by in-person testimony.

Depositions can be conducted in two ways: (1) The type of question and answer procedure conducted in Caryl's first deposition.  (2) Providing verbal answers to pre-written questions.  In this format, questions are written down and presented in a sealed envelope.  The envelope is opened and read by the depose, who then provides an in-person reply to the opposition.  Contrary to what some people think, there is no such thing as someone replying in writing to a set of questions.  That is an Interrogatory.

Theoretically, length of time allowed for deposing someone is infinite.  On the other hand, the US Attorney now has two hours of current testimony, plus TEN PAGES of  testimony taken by USDOJ Contract EEO Investigator Peter Schilling, Esq.  The latter was obtained in October 1997 during the Administrative Complaint Process.  In the case of a brain damaged depose like Caryl Leventhal, it remains to be seen where the US Attorney draws the line between his legal needs and depravity.

April 13, 2000:  The questions as to where the US Attorney draws the line between his legal needs and depravity is answered.  He has demanded that Caryl Leventhal be deposed three more times.  Dates are set at May 9, 2000, May 16, 2000 and May 23, 2000.

April 15, 2000:  Caryl Leventhal and her husband return from their Synagogue after participating in a workshop to develop more effective approaches to charitable work within the New York metro area.  She receives an e-mail from her attorney confirming that Agatha Stewart will be deposed on April 18, 2000 at 1:00 pm.  Caryl has knowledge that since the existence of Justice-Denied.net was made known to the US Attorney on March 24, 2000 (as a part of her reply to the US Attorney's Notice of Production of requested papers), they have been very angry with Mr. Leventhal.

During the earlier Administrative Process, Caryl Leventhal received a Death Threat.  When she reported it to the USDOJ via certified mail, their response was, "The Justice Department doesn't sanction this type of behavior."  Nothing else was done.  LTC Leventhal will be entering US Department of Justice building with Caryl's attorney (if at all possible) to be present at the Deposition of Agatha Stewart.  He will also be present when Brenda Grant and Robert Brouilette are deposed.

Michael Leventhal has made it known that he will have no direct participation in the  Deposition process.  At the request of his wife Caryl, LTC Leventhal will do nothing more than serve as an observer to report back to her and as a First Amendment reporter for Justice-Denied.net.  Ms. Leventhal fears that given their hostility to her husband, the US Attorney's Office might engineer a "mini WACO" to "neutralize" her husband by employing physical abuse, arrest or even having him "accidentally" shot.  Nonetheless, she is determined that justice not be blinded.

On the other hand, the US Attorney has made every attempt at isolating Mr. Leventhal from the process, even though he has Power of Attorney for Ms. Leventhal's legal affairs.

April 17, 2000:  US Attorney indefinitely cancels Deposition of Agatha Stewart and continues to stall on a date for Robert Brouilette.

Possible Maneuvers by US Attorney:  Using Justice-Denied.net as a ruse, he might file a motion with the Judge to keep Mr. Leventhal from attending Depositions on the grounds that it could "unnerve" the deposes he is protecting.  Given the alleged viciousness of their treatment towards Ms. Leventhal when she was employed by INS/USDOJ, this can reasonably be considered ludicrous.  On the other hand, on April 17, 2000 the US Attorney cancelled the planned April 18, 2000 deposition of Agatha Stewart.  Since Discovery began, the US Attorney has supplied neither requested documents nor deposes, while Caryl Leventhal has more than complied.  Besides flaunting an arrogance of power that places the US Department of Justice and US Attorney's office in a very poor light, the US Attorney is undermining the American judicial process.  Speculation might be that in cynical desperation, the US Attorney feels he is empowered to stall the US Department of Justice's responsibility to the rule of law until Discovery ends on June 1, 2000 ... without meeting any commitments whatever.  With the exception of intervention by the Judge (which must be requested), Publication of Justice-Denied.net might be the only method of securing lawful cooperation by the US Department of Justice's US Attorney office.

April 18, 2000: US Attorney relents on many items.  Tells Caryl Leventhal's attorney that he will no longer object to her husband being present at the Depositions of Brenda Grant, Agatha Stewart or Robert Brouilette.  Additionally, Caryl Leventhal's second of possibly four Deposition dates is set back to May 2, 2000.  This was important.  Since the very serious exacerbation of Multiple Sclerosis during the Summer of 1996, she has been very sensitive to heat.  Not only could traveling in the heat prove a problem to Ms. Leventhal, but the resulting fatigue could cloud her responses during the process.

Firm Deposition dates are set as follows:  May 2nd: Caryl Leventhal (Deposition 2 of 4), May 3rd: Robert Brouilette, May 4th: Agatha Stewart, May 8th: Brenda Grant, May 9th Caryl Leventhal (Deposition 3 of 4).  The last two might have to be rearranged because of a possible trial date by Ms. Leventhal's attorney.  

May 2, 2000:  Caryl Leventhal's agony as a brain damaged plaintiff continues, as she is subjected to heartless interrogation for the second of four sessions demanded by the US Attorney.  After it is over, Caryl turns to her husband and says, "It was horrible!  I was forced to live what they did to me all over again."  Transcript published as available

May 3, 2000: Robert Brouilette (Personnel Management Specialist Immigration and Naturalization Service/US Department of Justice) is deposed.  For transcript and commentary, click

May 4, 2000: Agatha Stewart (District Adjudications Officer Immigration and Naturalization Service/US Department of Justice) is deposed. For transcript and commentary, click

May 8, 2000: Brenda Grant (District Adjudications Officer Immigration and Naturalization Service/US Department of Justice) was scheduled to be deposed on this day.  Without warning, the US Attorney has again placed a roadblock in front of these efforts.  The May 4, 2000 Deposition of Agatha Stewart, pointed a finger directly at Brenda Grant.  Aware of this and desperate to salvage what is left of the US Department of Justice's previously flimsy and now totally deteriorating defense, the US Attorney is stalling for time.

May 19, 2000:  After several other cancellations of Brenda Grant's Deposition, the US Attorney claims she can't be deposed for weeks.  The US Attorney wants extension of Discovery period so that Caryl Leventhal will be forced into two more Depositions in hot weather.  For months, the US Attorney has been informed that because Ms. Leventhal suffers from Multiple Sclerosis it is in the interest of humanity that her Depositions be concluded before the onset of hot weather.  In spite of this, he has continued to push her Deposition dates forward into the hot Summer months.  Caryl Leventhal is scheduled to be deposed for a third of four times on May 23, 2000.  Additionally, the US Attorney plans on asking the judge that the period for Discovery (including Caryl Leventhal's Depositions be extended into July 2000.) (Editor's Note: On March 29, 2000 [see chronology of events above] it was noted: "In the case of a brain damaged depose like Caryl Leventhal, it remains to be seen where the US Attorney draws the line between his legal needs and depravity."  It is now being revealed.)

May 23, 2000: Caryl Leventhal undergoes third Deposition.  As the end of Discovery nears, the US Attorney still stalls on setting a date for Brenda Grant to appear as a witness.  Claims he has petitioned the court for a SECOND extension of the discovery period. 

May 26, 2000: US Attorney secures extension for Discovery period through August 1, 2000.  Pre-trial conference with judge rescheduled for August 9, 2000.  Mediation with Magistrate continues to be June 1, 2000.

June 01, 2000:  Caryl Leventhal, her Attorney and her husband meet with the Federal Magistrate, the US Attorney and the INS District Counsel for Mandatory Mediation talks. 

June 16, 2000: US Attorney replies to a June 15, 2000 letter sent him by Caryl's attorney.  The US Attorney requests that Caryl Leventhal be deposed two more times in July heat.  This is in spite of four months of pleas by Ms. Leventhal's  husband to finish deposing his brain damaged wife and victim of Multiple Sclerosis in cooler weather.  US Attorney also states that Brenda Grant can be deposed the weeks of July 10, 2000.  This is after FOUR cancellations of Ms. Grant's scheduled single deposition.  On three of these occasions, the US Attorney went back on his word.

July 12, 2000: Brenda Grant is Deposed.  For transcript and commentary, click  

July 19, 2000:  Caryl is deposed in summer months for the fourth time.  To read full transcripts, go to top of this page and click on the navigation buttons.

Constant updates on new Depositions and case events can be found on The Judicial Process page.