EFTA00793971

Macon de Reya 
Our Ref: 
JUJHEVV/HAFAlan Dershowitz 
Africa House 
Your Ref: 
70 Kingsway 
London WC2B 6AH 
DX 37954 Kingsway 
URGENT — NOT FOR PUBLICATION — STRICTLY PRIVATE & 
CONFIDENTIAL 
www.mishcon.com 
Martin Clarke 
Publisher 
MailOnline 
Northcliffe House 
2 Derry Street 
London 
W8 5TT 
Dear Sir 
Our client: Alan Dershowitz 
Letter of Claim 
We write further to previous correspondence in this matter. 
4 January 2019 
BY EMAIL 
In the absence of a satisfactory reply to our letters, we have been instructed by our client to 
send you (in your capacity as Publisher of MailOnline) a formal letter of claim in accordance 
with the Pre-Action Protocol for Defamation. 
For the avoidance of doubt, the article that forms the subject of our client's complaint is the 
one published on MailOnline on 18 December 2018 headed "Second woman claims billionaire 
Jeffrey Epstein 'directed' her to hove sex with lawyer Alan Dershowitz WHILE he was defending 
pedophile on underage prostitution charge" (url: 
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). We attach a copy of the article for ease of reference (omitting the 'under-
the-line' comments). 
Despite our detailed initial complaint of 21 December, which requested that the article be 
removed immediately from the MailOnline website, and our follow-up letters of 22 and 29 
December, the article remains online to this day. 
In the light of this, we start by observing that your newspaper's lackadaisical and dismissive 
response to our client's complaint stands in stark contrast to the seriousness with which he 
takes this matter. Indeed, we cannot overstate — and you should not underestimate — how 
seriously he takes it. Both he and we are staggered at the indifference you have shown thus 
far. 
51241084.3 
Mishcon de Reya is a limited liability 
partnership, registered in England and 
Wales (number OC399969). authorised 
and regulated by the Solicitors 
Switchboard: +44 (0)20 3321 7000 
London: 
Mishcon de Reya LLP 
Regulation Authority. SRA number 
Main Fax: 
+44 (0)20 7404 5982 
New York Mishcon de Reya New York LLP 
624547. 
EFTA00793971

M&con de Reya 
Professor Dershowitz, as you must be aware, enjoys a distinguished reputation as a 
practising and academic lawyer, as a jurist, as a writer, and as a commentator on legal issues 
in the media (print and television). He possesses this reputation not just in the United States, 
which is his home, but also in this country, where your newspaper attracts its primary 
readership, in Europe, and throughout the world more generally. He has worked hard for 
over 50 years of professional life to build up this reputation. Indeed, at 80 years old, he 
continues to work as hard as he ever has. 
As such, you may not be surprised to learn that he regards it as completely unacceptable 
that an ostensibly reputable, well-established and well-resourced British newspaper such as 
yours, should seek to destroy that reputation at this stage in his life by disseminating 
appalling falsehoods concerning him to its very large audience on the internet. Since this is 
so, he is determined to obtain from your newspaper the reputational vindication in respect 
of these falsehoods to which he is clearly entitled. 
Against this background, we turn to the offending article. 
Defamatory meaning 
In its natural and ordinary and/or inferential defamatory meaning, the article means and 
would be understood by readers to mean that Professor Dershowitz engaged in unlawful, 
paedophilic sexual relations with two girls. name) ; 
 
who 
were underage at the time (that is. below the legal age of consent) and who had been 
directed to have sex with him by his paedophile client, Jeffrey Epstein, while he was 
defending Mr Epstein on — and dishonestly submitting to the Court that Mr Epstein was 
innocent of — underage prostitution charges. 
It perhaps goes without saying that this is an outrageous slur, which could not be more 
serious in terms of its defamatory effect. 
It is grossly defamatory of Professor Dershowitz in a personal sense, that is, in terms of his 
personal reputation for probity and propriety, and in particular, sexual propriety. (Apart 
from anything else, at the time he was supposedly conducting himself in this way, he was 
married with a teenage daughter.) 
However, it also imputes to him grave professional impropriety; that he was prepared to use 
his status as Mr Epstein's attorney to have unlawful, exploitative, paedophilic sex with girls 
procured for him by Mr Epstein at a time when — as the article, and specifically its headline, 
indicates — he was defending "pedophile" Mr Epstein on underage prostitution charges and 
thus presumably arguing before the Court that Mr Epstein was innocent of involvement in 
such activities. In this way, the article libels Professor Dershowitz by alleging that, in his 
capacity as Mr Epstein's attorney, he took advantage of and abetted his client's criminal 
wrongdoing. and while doing so, knowingly misled the Court about his client's supposed 
innocence of the offences with which he was charged. 
Serious harm to reputation 
It perhaps also goes without saying. applying the principles laid down by the Court of Appeal 
in Lochaux v Independent Print Ltd [2018] QB 594, that the publication of this article has 
51241084.3 
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Macon de Reya 
caused — and for as long as it remains online and uncorrected — is likely to continue to cause 
very serious harm to Professor Dershowitz's reputation. Having regard to the gravity of the 
defamatory imputations and the extent of their publication by your newspaper, this is not 
only an article which is likely to cause reasonable and right-thinking people to think seriously 
the worse of Professor Dershowitz, but one which is likely to make them shun and avoid 
him, personally and professionally. 
Factual inaccuracies / falsity 
Furthermore — if it needs to be spelled out — the article, in the defamatory meaning which 
we have identified above, is entirely false. There is no factual substance to it whatsoever. To 
be clear: 
( I ) Professor Dershowitz is not a paedophile and has never had sex or sexual relations 
with anyone under the legal age of consent. 
(2) He has never had sex or sexual relations with either 
whether in the context or at the time described in the article o 
time. Insofar as Ms 
and Ms Roberts have alleged otherwise, each is lying, 
and demonstrably so. 
(3) He has never knowingly or dishonestly misled a Court, whether in the context of Mr 
Epstein's case or on any other occasion. 
No tenable defence 
In the light of the above, any suggested defence of truth would be misconceived, bound to 
fail and be apt only to aggravate the situation yet further (if that is possible). 
To the credit of Mr Martin Wood, Group Legal Adviser of Associated Newspapers Ltd, who 
wrote to us in connection with this matter on 28 December 2018 (email, 15:24), he 
proposed no such defence. However, he did suggest — without providing proper particulars 
of the same — that your newspaper might be able to rely on reporting privilege by way of a 
defence. 
While the burden of proof in respect of any such defence is on your newspaper (and strictly 
without prejudice to that burden of proof), our client's position is that any defence of 
reporting privilege on which your newspaper might seek to rely would also be misconceived 
and bound to fail, not least for the following reasons: 
(a) Firstly, so far as concerns the reference in the article to Ms Roberts's affidavit, this 
reference cannot possibly be described as a report of court proceedings, which are 
not even specified, let alone a fair and accurate one. 
(b) Secondly, no affidavit of Ms Roberts making the mendacious claims concerning our 
client referred in your article is (or was at the time of article's publication) a 
document required by law to be open to public inspection for the purposes of 
Schedule I, Part I to the Defamation Act 1996, paragraph 5. No such affidavit — or, 
51241084.3 
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Macon de Reya 
more accurately, declaration — of Ms Roberts forms any part of the publicly 
accessible record of any legal proceedings in which it was filed. 
(c) Thirdly, even if — which is denied — the reference in the article to Ms Roberts' 
affidavit was capable of engaging paragraph 5 of Schedule I, Part I to the Defamation 
Act 1996, it would not attract a reporting privilege under s.I5 of that Act. This is so: 
(i) because, under s. 5(3), that section does not apply to the publication to the 
public of matter which is not of public interest and the publication of which is not 
for the public benefit; and (ii) because your newspaper's publication was made with 
malice. 
(d) In relation to (i), we invite you to consider (1) whether it can realistically be said to 
have been of public interest or for the public benefit to recycle the dishonest 
allegations concerning our client made in Ms Roberts' affidavit without mentioning, 
as the New York Daily News did in the item on which your article was based, that a 
judge had ordered those claims to be stricken from the record ("She (Roberts] 
alleged in 2014 that Epstein 'trafficked' her to Dershowitz... for sex — a claim that has 
since been stricken from the record"), or without making any reference to the plethora 
of information readily available on the internet and elsewhere from credible 
discrediting those allegations; and (2) the approach that Tugendhat J adopted 
towards issues of this character in the case that Mr Irian Qadir brought against the 
Mail on Sunday and MailOnline in 201 I, as reported at [2013] EMLR IS. 
(e) With respect to (ii), malice, it seems clear to us that your newspaper's dominant 
motive and purpose in publishing its article was not to discharge any public interest, 
'watchdog', reporting role, but to publish sensational, salacious and attention-
grabbing allegations concerning Professor Dershowitz and thereby to injure him and 
his good name. Furthermore, the inference of malice is strengthened in this case by 
reference to another specific matter, as follows. We have good reason to believe 
that you and other persons among your senior colleagues at MailOnline are, and 
were at the time of the article's publication, privy to emails passing between Ms 
Sharon Churcher, a journalist working for the Mail on Sunday and MailOnline, and 
Ms Roberts which demonstrate that Ms Roberts's allegations concerning Professor 
Dershowitz were fabricated. Our client will seek to prove this fact in any legal 
proceedings that may ensue in the event that your newspaper declines at this stage 
to provide him with the redress he requests in relation to the offending article (as to 
which, see below). Needless to say, if he succeeds in doing so, the inference of 
malice will become irresistible. 
(f) Meanwhile, regarding the allegation comprised in the article attributed to Ms 
while it may be correct to say that Ms 
(entirely false) claims 
were referred to in the course of the telephone conference held on 7 November 
2018 in the recently settled legal proceedings brought by Ms 
against Mr 
Epstein and Ms Ghislaine Maxwell in the Manhattan federal court, the account of the 
matter contained in your article is plainly and obviously not a fair and accurate 
report either of Ms 
claims or of the treatment they received at the court 
hearing during which they were mentioned. We say this for two principal reasons: 
51241084.3 
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(g) 
0 
Mthhcon de Reya 
At no time during the hearing did Ms Maxwell's attorney, Ms Laura 
Menninger, state or suggest that Ms 
was alle ing that she had 
actually had sex with Professor Dershowitz. Ms 
allegation, as Ms 
Menninger said, was strictly confined to one that Mr Epstein had directed 
her to have sex with him: see, for example, the article published concerning 
the 
matter 
on 
19 
December 
in 
the 
Miami 
Herald 
(url 
he 
d co 
si,v,‘ 
c lc 223315075 L il) ("Nowhere 
in the court case or the transcript does 
or anyone else allege that 
had sex with Dershowitz"). Your newspaper's article fails to make 
clear this important limitation upon what Ms Menninger told the Court. 
(ii) 
The offending article also fails to make clear the significant
 that neither 
Ms 
nor Ms Menninger were alleging that Ms 
was under 
the legal age of consent at the time Mr Epstein was said to have directed her 
to have sex with other persons: see, by contrast, the 18 December New 
York Daily News article, which states " 
has sued Epstein and his 
alleged madam, Ghislaine Maxwell, saying they trafficked her for sex from 2006 to 
2007, while she was in her 20s" (emphasis added). 
In the premises, your newspaper's article cannot on any sensible view be 
characterised as a fair and accurate report of the court proceedings between Ms 
and Mr Epstein and Ms Maxwell. Even if it could, our client would contend, 
for similar reasons to those stated above in relation to the references to Ms 
Roberts's allegations, that the article was not of public interest or for the public 
benefit, and was published with malice. 
Redress / remedies sought 
In these circumstances, if legal proceedings by our client for defamation are to be avoided, 
he expects to receive from you and Associated Newspapers Limited as a matter of 
urgency the following redress: 
(I) The immediate removal from your website of the offending article and 
confirmation in writing that this has been done. By "immediate", we mean by no 
later than 12 midnight on the date of your receipt of this letter (i.e. on the date of 
this letter, as set out above). Naturally, we include in this request all the comments 
that appear below the article. We note — with some incredulity — that these 
comments were apparently moderated in advance of publication. Some of them, in 
their references to Professor Dershowitz, are nothing less than monstrous (he is 
described, inter alia, as a "pedo", "a sick sick man", a "perv", a "pedophile", "guilty as 
hell", "despicable pond scum"; as someone "who slept with minor girls", who is "in the 
Epstein's club", who should be "hauled into court and charged for this disgusting 
behaviour"). Many of them strengthen the inference that readers are taking the article 
seriously and regard the defamatory allegations concerning our client that it contains 
as credible and worthy of belief. 
(2) Your unequivocal agreement to do the following things: 
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Miiihcon de Reya 
(a) To publish prominently on your website a correction and apology to Professor 
Dershowitz in terms to be agreed in advance by us, reflecting all aspects of the 
defamatory meaning identified above. 
(b) To join with Professor Dershowitz in the making of a statement in open court in 
which you retract and apologise for the libellous allegations concerning him 
which you have published. 
(c) To undertake not to republish those allegations or any similar allegations 
concerning Professor Dershowitz. 
(d) To pay Professor Dershowitz substantial damages to vindicate his reputation and 
to compensate him (i) for the serious harm that has been done to his reputation 
and (ii) for the distress, hurt and humiliation that your publication has caused 
him. We invite your proposals as to quantum. Having regard to the gravity of 
the libels and the extent of their circulation, we anticipate that your offer will be 
towards the top end of the conventional scale: cf Cairns v Moth [2013] I WLR 
1015 at [25] and the remarks of Nicklin J in the recent case of Monir v Wood 
[2018] EWHC 3535 (QB) at [236]. 
(e) To pay Professor Dershowitz's legal costs. 
Please may we hear from you by return. We should not need to remind you that your 
newspaper has been on notice of our client's complaint about the offending article since 21 
December, which is already some two weeks ago. We therefore make it clear to you now 
that in default of receipt of a satisfactory substantive reply to this letter within 14 days of the 
date of this letter, our instructions are to proceed to issue proceedings for libel on our 
client's behalf without further delay. 
In the meantime, we specifically draw to your attention your obligation to preserve and to 
keep safe all potentially relevant and disclosable documentation within your control, 
including electronic documents: see CPR PD 31B, paragraph 7 as to the latter. 
Otherwise, we expressly reserve all of Professor Dershowitz's rights on his behalf. 
Yours faithfully 
ALk ccy‘eLt 
Mishcon de Reya LLP 
Direct Tel: +44 (0)20 3321 7132 
Direct Fax: +44 (0)20 3761 1846 
Email: 
;am es.I DSCJICVIII she nn e 
CC: 
Liz Hartley ([email protected]) 
[email protected] 
51241084.3 
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12/22/2018 
Second woman claims billionaire Jeffrey Epstein directed her to have sex with lawyer Alan Dershowitz I Daily Mail Online 
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ADvERTSINENT 
Second woman claims billionaire 
Jeffrey Epstein 'directed' her to have 
sex with lawyer Alan Dershowitz 
WHILE he was defending pedophile on 
underage prostitution charges 
• It was revealed in a November 7 telephone conference that 
was 
accusing Jeffrey Epstein of 'directing' her to have sex 
• The New York Daily News is reporting that 
alleges that she was asked 
to have sex with Alan Dershowitz by Epstein 
• The transcript of that conference has since been sealed and will not be released 
until the end of the month 
• Dershowitz reviously denied a claim that he had sex with another Epstein 
accuser, 
• Roberts said that she was asked to have sex with Derhsowitz six times, starting 
when she was 16 
• Epstein served less than two years in prison despite 40 women coming forward 
and saying they were forced into sex acts with the billionaire while underage 
By CHRIS SPARGO FOR DAILYMAIL.COM 
PUBLISHED: 22:07,18 December 2018 I UPDATED: 06.57, 19 December 7018 
533 
240 
shares 
Vic er comments 
A second woman is claiming that she was 'directed' to have sex with lawyer Alan 
Dershowitz by one of his clients, billionaire felon Jeffrey Epstein. 
who is currently suing Epstein and his team of alleged enablers, 
claims that she was trafficked by the pedophile starting in October 2OO6 and into 
April fo the following year. 
It was during this time that she was told by Epstein to have sex with Dershowitz 
according to the New York Daily News. 
That allegation was revealed in a November 7 telephone conference according to 
the report, the transcript of which has since been sealed until the end of the month. 
•• Silo . Web Enter your search 
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12/22/2018 
Second woman claims billionaire Jeffrey Epstein directed her to have sex with lawyer Alan Dershowitz I Daily Mail Online 
Dershowitz would have been defending Epstein at the time of the alleged sexual 
kFeathered and fancy 
encounter, having been hired to work on the case in 2005 when a number of 
underage girls began coming forward and telling police they were paid to have sex. 
Scroll down for video 
• 
+1 
Friends: Alan Dershowitz is being accused of having sex with a second Epstein victim (pair 
above in 2OO4) 
This makes 
the second woman to allege that she had sex with Dershowitz 
at the behest of Epstein. 
alleged in a court affidavit that she had sex with the lawyer six times. 
Dershowitz has denied that claim for years, and said that he only once received a 
massage from one of Epstein's female employees and that the woman was not a 
minor. 
Roberts claims that she was just 16 the first time she had sex with Epstein. 
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The case is back in the spotlight after a blistering expose in The Miami Herald that 
took a look back at the allegations made against Epstein. 
That piece included interviews with a number of Epstein's alleged victims. 
Epstein pleaded guilty to sex crimes involving underage girls and got 13 months 
behind bars. 
What the public and his accusers did not know at the time was that he had secretly 
struck a deal with federal prosecutors that spared him from charges that could have 
put him away for the rest of his life. 
When the deal finally came to light years later, it immediately raised suspicions that 
Epstein - a man who counted Bill Clinton and Donald Trump among his friends and 
had some of the finest legal talent in America as his lawyers - had used his wealth 
and political connections to win special treatment. 
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Those allegations flared anew after the Herald published interviews with the alleged 
victims and took a closer look at Alexander Acosta, who as the U.S. attorney in Miami 
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2/43 
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12/22/2018 
Second woman claims billionaire Jeffrey Epstein directed her to have sex with lawyer Alan Dershowitz I Daily Mail ()Mine 
in 2008 approved the secret deal. 
Acosta is now Trump's secretary of labor. 
Epstein, 65, reached the non-prosecution deal with Acosta's office while under 
investigation on suspicion of sexually abusing at least 40 teenage girls. 
Under the deal, he pleaded guilty to two state charges, did his time in jail, paid 
settlements to many of the alleged victims and registered as a sex offender. 
He could have faced a far more severe penalty if federal prosecutors had pursued a 
draft 53-page indictment that was never filed and included sex trafficking charges. 
Some of Epstein's accusers are now arguing that their rights were trampled under a 
federal law that says crime victims must be informed about plea bargains. 
One of Epstein's lawyers, Roy Black, has said there was no conspiracy to violate 
victims' rights, and the plea agreement was 'no sweetheart deal by any stretch of the 
imagination.' 
Even if the plea bargain is nullified, the final decision on bringing charges would rest 
solely with the Justice Department. 
On Tuesday, Epstein settled a defamation lawsuit brought against him by a lawyer for 
some of the accusers, Bradley Edwards, who said Epstein tried to derail his 
representation of the women and ruin his career. 
In settling, Epstein apologized and agreed to pay an undisclosed amount. 
Edwards said some of the accusers - some of whom say they were 13 or 14 when they 
were molested - were prepared to testify in the lawsuit and may yet get their day in 
federal court. 
Congressional Democrats are calling for an internal Justice Department 
investigation. 
Acosta has not commented about the case during the recent media coverage. He 
was asked briefly about the non-prosecution agreement at his Senate confirmation 
hearing. 
According to court papers, Epstein had a Palm Beach mansion where girls were 
brought for what they were sometimes told were massage sessions. 
He allegedly had female fixers who would look for suitable girls, some of them 
recruited from Eastern Europe and other parts of the world. 
Before the scandal broke, Epstein was friends with Trump and had visited the real 
estate developer's Mar-a-Lago resort. 
Trump told interviewers that Epstein was 'a great guy.' Records also show Clinton 
flew on Epstein's jet more than two dozen times. 
Attorney reaches settlement with convicted sex offender Epstein 
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