VenturaDepo by twincities

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									CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 1 of 84




ATTACHMENT TO DECLARATION
 OF J OHN BORGER, AUG. 5, 2013

(REDACTED VERSION OF DKT. # 114-15, EX. O,
   VENTURA DEPOSITION TRANSCRIPT)
          CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 2 of 84

                                                          Page 1                                                                                      Page 3

                                                                      1
                                                                      2
            UNITED STATES DISTRlCT COURT                                  INDEX:

                                                                      3
                                                                          EXAl\fiNATIONBY:                               PAGE
             DISTRICT OF MINNESOTA                                        Mr. Borgor...................................9
                                                                      4
                                                                      5   Mr. 0Iseo.. ... .. 18. 28. 29, 76. 86. 87. 89. 92.
                                                                          OBJECTIONS BY:

                                                                          9S. 97. 98. 126. 150. J52. 153. 172. 173. 174.
     Governor Jesse Ventura,

                                                                      6   209. 227.229.245, 246. 263. 26S. 267. 268.
            Plaintiff,                                                    269,271,276.313,320,324.325.326
                          COllrt File No.                             7
                          12·472 RHKIAJB                                  EXHIBITS MARKED FOR IDENTIFICATION:
                                                                      8
     -vs-
                                                                      9
                                                                          Exhibit DX-39 ...............................30
     Chris Kyle,                                                          S�hedulc of Reunion Ewnts
            Defendant.
                                                                     10
                                                                          Bates VOO382



                                                                     11
                                                                          Exhibit DX-40...............................32
                                                                          Plaintiffs Obje;:dons and S�ond

                                                                     12
                                                                          SupplementnJ Responses to Defendant's
                                                                          IntelTOgntories and Requests for

                                                                     13
                                                                          Production of Documents
               VIDEOTAPED DEPOSITION
                                                                     14
                                                                          No Bates
                                                                                                                      37
                                                                          E.xhlbit DX·41...............................
                     OF                                                   NatlonnJ Car Rental Reo.ipt
                                                                     15
                                                                     16
                                                                          Bates NATIONALOOOI • NATIONALOOO4
                                                                          Exhibit DX-42...............................62
               JAMES GEORGE JANOS
                                                                     17
                                                                          Photographs· No Bates

                   A.K.A.
                                                                     18
                                                                          E.'<hlbit DX-43...............................69

                                                                          No Bate;
                                                                          Afllda\'it ofBill DeWitt

                 JESSE VENTURA                                       19
                                                                          Exhibit DX-44 ...............................7 (
                                                                     20   Aroda,it of Charlene DeWitt
                                                                          No Bates
                                                                     21

                                                                     22   Aflldnvit of Dr. Michael H. Gotche)'
                                                                          Exhibit DX-4S ...............................72



                                                                     23
                                                                          NoBates



                                                                     24   COl'er p.ges • I Ain't Oot Time to Blm
                                                                          Exhibit DX-46 ...............................90

                                                                          No Bates
     DATE TAKEN: 11/12/12         BY: Amv L. Larson RPR              25

                                                          Page   2
1                                                                     1
                                                                      2
     APPEARANCES:                                                         INDEX: (Cont'd.)

2
                                                                          EXHIBITS MARKED FOR IDBNTlFICATION;                               PAGE
                                                                      3
3                                                                         Cover pages - Do I Stnnd Alone?
                                                                          E.xhibit DX-47 ................................92
     For the Plaintiff:
4      HENSON & EFRON                                                 4
                                                                          Exluoit DX-48................................93
                                                                          No Bates
                                                                      5
       220 South Sixth Street
5                                                                     6
                                                                          Cover pages· Don't Start the
       Suite 1800                                                         Revolution Without Me!
       Minneapolis, MN 55402-4503                                         No Bates
 6                                                                    7
                                                                          E�hibit DX-49....."........................123
       Phone: 612.252.2882
       c-mail: dolsen@hensonefron.com
                                                                      8
 7                                                                        Re"olution Without Mel
                                                                          Copy ofpage 48 ITontDon't Start the
       By: David Bradley Olsen, Esq.
 8                                                                    9
                                                                     10
                                                                          No Bates

 9   For the Defendant:                                                   Exhibit DX-50.."" ......................".I29

10
                                                                          Copy ofpages 250-251 from
       FAEGRE,BAKER,DAJITELS'                                        11   Don't Start the Rerolution Without l\'le!


11
       90 South Seventh Street                                            No Bates
                                                                     12
                                                                          Exhibit DX·SI.... .. .. . ............. ....... . . 136
       Snite2200
       Minneapolis, MN 55402-3901
                                                                     13   Cop), ofpage 2 from
12     Phone: 612.766.7501                                                Don't Start the Revolution Without Mol
       c-mail: john.borger@FaegreBD.com                              14
                                                                     15
                                                                          No Batos
13                                                                        ExIu'bh DX·52 ..........." .. ... .............1 37
                                                                          Cop)' afpage 4 from
       By: John P. Borger, Esq.
           Leila Walker, Esq.                                        16   Don't Start the Rerolution Without Me!
14         Claire Ouellette· Paralegal                                    N oB.te ,
15                                                                   17
                                                                          E."hibit DX·S3 ......." ......" ............. 144

16
                                                                     18
        ALSO PRESENT: Terry Janos, aka Terry Ventura

17
                                                                          Copy ofpase 277 from
               Randy Wallin, Videographer
                                                                     19
18
                                                                          DOll! Start the Re\'olution Without Me!
                                                                          No Bates
                                                                     20
19
                                                                          E."<1tibit DX·54. .".. "....................... 145
                                                                          Cop}, of page 260 from
                                                                     21   Don't Start the Revolution Without Me!
20
                                                                     22
                                                                          No Bat.,
21
                                                                          Exhibit DX·SS. .... .. .. .. .. ........ ... ... ... . 1S3
22
                                                                     23   Copy ofpoge 261 ITom
23                                                                        Don'! Start the Rel'olution Without Mel
24                                                                   24
                                                                     25
                                                                          No Bates
25

                                                                                                                                       1   ( P a g e s 1 to 4)
            CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 3 of 84

                                                                             5                                                                      7
                                                                                                                                                        !
                                                                    P a ge                                                                   Page

 1   INDEX: (Contd.)
                   '                                                              1   INDEX: (Cont'd.)                                                  1
 2
                                                                                  2
     EXIllBITS MARKED FOR lDBNTIFICATION                  PAGB
 3   BXhibit DX-56.............................. 1 56                                 EXHIBITS MARKED FOR IDENTIFICATION                      PAGE
                                                                                  3
     Cop)'ofpagos 117·118 from
 4   DemoCRlPS and ReBLOODlicon,
                                                                                      Exhibit DX-76 .......... , ...................327


                                                                                  4
     No Bate�                                                                         Copy of pages 255-256 from
 5
     E:<hib;1 DX·S7 .............................. 170                                Do I Stand Alone?
 6   Public Polie)' Polling. 6/6111
     No aate.
                                                                                      No Bates
 7                                                                                5
                                                                                  6
     Exhibil DX·SS................... ........... 171
 8   Public Polic),Poiliog ·IOiSI12

                                                                                  7
     No Bot.,
 9
     Exhibit DX·S9..............................ISO                               8
     2002 Tax Return. CONFIDBNTIAL
                                                                                  9
10
     aate$ V00205 - V00230

                                                                                 10
11
     E�hibit DX·60.............................. IB8
12   2003 Tax Return· CD}lFIDENTIAL                                              11
                                                                                 12
     llote, V00231 • V00260
13

                                                                                 13
     E.hibitDX-61 .............................. 193
14   2004 Tax Retum • CONFIDENTIAL
                                                                                                                                                        1
                                                                                                                                                        I
                                                                                 14
                                                                                 15
     Bates V00261 • V00287


                                                                                                                                                        I
15




                                                                                                                                                        I
     E:<hibil DX-6Z.............................. 194

                                                                                 16
16   2005 Ta" Relum .. CONFIDENTIAL



                                                                                                                                                        !
     Bates V00288· V00314
17                                                                               17
     Exhibit DX·63... . .......................... 195
18   2006 T.. Return .. CONfiDBNTIAL
             "                                                                   18
                                                                                 19
     Bat.s V00315· V00338
19
     Exhibil DX�... ............... . ...........225                             20
20
                                                                                 21
     Cop), o£pages /23·132 from
     I Ain� Oot Tlmc tu Bit«!
21
                                                                                 22
     No Bates
22   B:<hibit DX.{;S..............................229
     2007 Tax Return .. CONFIDENTIAL                                             23
23   a.le, \'00339 • \'00H9
24   Exhibit DX.{;5..............................232                             24
                                                                                 25

                                                                                                                                                        I
     2008Tax Return - CONFIDENTIAL
25   Bote, V00350. V0038I


                                                                                                                                            Page 8

                                                                                                                                                        I
                                                                    Page 6
                                                                                                                                                        ,



 1    lNDEX: (Cont'd.)                                                            1   THEVIDEOTAPED DEPOSmON OF JAMES GEORGEJANOS
 2
                                                                                  2   A.K.A. JESSE VENTURA, taken on this 12th day of
                                                                                                                                                        I
      EXHIBITS MARKED FOR IDENTIFICATION                     PAGE
 3    Exhibit DX·67..............................234
      2009 Ta.x Retilln- CONFIDENTiAL                                             3                                                                     i
 4
                                                                                      November, 2012, at the Law Offices of Fnegrc,
                                                                                  4
      Bates V00083. VOO117
 5    Exhibit DX·6S..............................239                                  Baker, Daniels, 90 South Seventh Street, Suite
      2010 Ta.x Retllrn • CONFIDENTIAL
                                                                                  5
 6
                                                                                      2200, Minneapolis, Minnesota, commencing at
      Bates VOOI18- VOO148
 7    Exhibit DX-69..............................2S�                              6   approximately 9:45 a.m.


                                                                                                                                                        I
                                                                                  7
      Copy of pages 310·312 from
 8    American Sniper
      No Bates                                                                    8


                                                                                                                                                        I
                                                                                                  PROCEEDING S
                                                                                  9
 9
      Exhibit DX-70 ..............................256

                                                                                 10               THE VIDEOGRAPHER: We are going on
10    Copy of pages 17-78 from
      r Ain't Got Time to Bleed




                                                                                                                                                        I
11    No Bates                                                                   11
12
                                                                                        the video record at approximately 9:45 a.m.
      E,,,hibit D X·71..............................264
                                                                                 12     Today's date is November 12th, 2012. My name
13
      Copy of Chapter S page from
      lAin't Got Time to Bleed                                                   13     is Randy Wallin. I'm the legal videographer
                                                                                 14     in association with Merrill Legal Solutions.
      No Bates
14
                                                                                 15
      Exhibil DX-72 ..............................277
15    Picttrres Don't Lie...Or Do They?
                                                                                        The court reporter today is Amy Larson.
      Photo from Photo Gallery                                                   16
16
                                                                                              Here begins the videotaped deposition of
                                                                                 17
     ,No Bates
17                                                                                                                                                      I
                                                                                                                                                        I
      E."<hibit DX-73 ..............................279                                 the plaintiffGovernor Jesse Ventura being


                                                                                                                                                        I
      1129/02. Associaled Press
                                                                                 18                                                                     !
18    "Ventllm discloses he didn't see
                                                                                        taken inlhe matter ofGovernor Jesse Ventura
      Combat in Vietnam War."                                                    19     VS.   Chris Kyle, bearing case number
      No Bates
                                                                                 20     12·472 RHKlAJB, i.n the United States District
19
20    Exhibit DX·74 ..............................280
      2011 Ta.x Relurn • CONFIDENTIAL                                            21
21
                                                                                        Court for the District of Minnesota. The
                                                                                 22     deposition is being held at the law firm of
      Bates V00149· VOOl&2
22
                                                                                                                                                        I
      Exllibil DX-7S..............................283
      Copy of pages 142-163 from
                                                                                 23
                                                                                 24
23    American Conspiracies
                                                                                        Faegre, Baker, Daniels located in
      No Bates                                                                          Minneapolis, Minnesota.
24
25                                                                               25           Will counsel present please identify


                                                                                                                            2     ( Pa g e s 5 to 8)
       CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 4 of 84

                                       "        Page 9                                                    P a g e 11         I


 1
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                                                                                                                             I

       themselves for the record.                           1   Q. And - -
 2             MR. BORGER: John Borger for                  2   A. So nodding doesn't work even though it's
 3     defendant.                                           3     under camera?

       Henson & Efron, on behalf of
 4            MR. OLSEN: David Bradley Olsen,               4   Q. Nodding would work for the camera, it will
 5                                                          5     work less well for the com11'eportel'--
 6     Governor Ventura.                                    6   A. Okay.
 7             MS. WALKER: Leita Walker for the             7   Q. -- and the written transcript. You can have
 8     defendant.                                           8     a little fun with me and I will have a little



                                                                                                                         I
 9            THE VIDEOGRAPHER: Will the court              9     fun with you as we go thl'Ough the day.
10     reporter please swear in the witness.               10         For positive responses try to give a
11                                                         11     "yes" or an affirmative, 01' something like
                                                                                                                         I
12              JAMES GEORGE JANOS,                        12     that, rather than an "uh-huh.1\ Again, just
13        a witness i n the above-entitled action,         13     so that the written record is more clear,
                                                                                                                         I
                                                                                                                         I
15
14        after having been first duly sworn, was          14     All right?
          deposed and says as follows:                     15   A. Yes.

17
16                                                         16   Q, If I ask you a question that you don't quite
                   EXAMINATION                             17     understand or don't quite hear, please ask me
18   BY MR. BORGER:                                        18     to repeat it or rephrase it and I will do
19   Q. Governor, I have a few housekeeping matters        19     that so we are communicating well.
20     just to get out of the way before we get into       20   A. Yes.
                                                                               . .                            . .
21     the substance of your deposition.                   21                    REDACTED
22        Have you been deposed before, given              22
23     testimony in a court proceeding?                    23
24   A. Yes.                                               24

                                                                                                                    12
25   Q. Okay. How many times?                              25
                                                                                                                         J
                                                      10
                                                                                                                       1
                                               Page                                                       Page

 1   A, Once for sure, maybe more. I can't recall,          1                    REDACTED
 2     but once for Sl1l'e.                                 2
 3   Q. Okay. And you've had an 0ppol1tmity to meet         3
 4     with your counsel prior to coming here today?       4
5    A. Yes.                                               5

7
6    Q. I'm stu'e he has explained, to some extent,        6    Q. And you said you'd been deposed one time

                                                                                                                         I
       the way questions are asked and answers are         7      before?
 8     given.                                               8   A. One time that I -- off the top of my head
                                                                                                                         1



                                                                                                                         I
 9   A. Yes.                                                9     right now, in a federal com1 case, yes.
10   Q. Let me just go over some of those so that          10   Q. Okay. Which case ·was that?
11     we're sure that we're operating from the same       11   A. That was myself against Titan Sports back in

          I will be asking you questions today
12     playbook.                                           12     the eady nineties, probably twenty-some

       about the lawsuit that YOll brought, and you
13                                                         13     years ago.
14                                                         14   Q. Okay. All right. With those matters out of
15     will be giving answers under oath, same as if       15     the way, would you state your name for the
16     you were in a court proceeding. Understood?         16     record, please.
17   A. Yes.                                               17   A. Which one?


                                                                                                                         I
18   Q. We'll tly not to talk over one another so          18   Q. Well, all of them.                                    j

19     that the court repol1er has an easier time of       19   A. James George Janos, aka Jesse Ventura,
20     getting a clear record. Okay?                       20     Governor Jesse Ventura.                                j
21   A. Yes.                                               21   Q. Okay. I take it James George Janos is your
22   Q. And you will need to give audible responses        22     bit1h name?
23     to my questions, whether that be "yes" or           23   A. That's my real name.
24     "no" 01' a longer explanation. All right?           24   Q. Real name. That's the one that appears on
25   A. Yes.                                               25     your bhih ce11ificate?

                                                                                       3   ( Pa g e s 9 to 1 2 )
                         CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 5 of 84

                                                                                                                                                                                                                                                                                                                                                                              15              !
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                                                                                                                                           Pa e 1 3                                                                                                                                                                                                  Page



                                                                                                                                                                                                                                                                                                                                                                                              I
                                                                                                                                                                                                         The B ody to The Mind?
                  Q. Okay. And when did you sta1i lIsing the name
  1               A. Yes, also on my driver's license.                                                                                                                                 1

                                                                                                                                                                                                         mayor. It could �-l can t tell you when.
                                                                                                                                                                                                                                                                                                                                                                                              !
  2                                                                                                                                                                                    2               A. I'm not sure if that happened at governor or

                                                                                                                                                                                                         And I didn't offi cially do that, I don't
  3                  Jesse Ventura?                                                                                                                                                    3                                                                                                  '




  4               A. Nineteen seventy-five.                                                                                                                                            4
  5               Q. What 'was the reason for that?                                                                                                                                    5                 think, so -- it was just a laughable -. the
  6               A. Professional wrestling.                                                                                                                                           6                 change of occupati ons through the years going
  7               Q. Have you had your name, at any point, legally                                                                                                                      7                from The Body to The Mind now, I guess,
  8                  changed                         .-
                                                                                                                                                                                        8                because being governor doesn't require that
  9               A. No.                                                                                                                                                          9                      much physical activity as being a pro

                             MR. OLSEN: Yeah, just let him
 10               Q. -. to Jesse Ventura?                                                                                                                                        10                      wrestler does.
 11                                                                                                                                                                              11                    Q. And has -- have references to you as The Mind

                                                                                                                                                                                                                                                                           that.
                                                                                                                                                                                 12                      kind of diminished as you've left office?
                                                                                                                                                                                                                                                                                                                                                                                              I
 12                  finish the question.

 14
 13               BY MR. BORGER:                                                                                                                                                 13                    A. I coul dn t answer            '




                                                                                                                                                                                                                                                                                                                                                                                              !
                  Q. Please wait for me to finish my question.                                                                                                                   14                    Q. Okay. Nobody calls you The Mind to your face '
                                                                                                                                                                                                         01' in casual conversation, I take it?
                                                                                                                                                                                                       A. They might. It depends under the
15                A. Okay.                                                                                                                                                       15
                                                                                                                                                                                                                                                         j

17                                                                                                                                                                               17                                                                                                                                                                                                           !
16                Q. I know you know where I'm goi ng with the                                                                                                                   16
                     question sometimes .-                                                                                                                                                               circumstances. It would depend on the
                                                                                                                                                                                                                                                         !
                                                                                                                                                                                                       Q. Any other nicknames that you've b een called? Ii
18                A. Okay.                                                                                                                                                       18                      person, where.
19                Q. -- but it will be more clear --                                                                                                                             19
20                A. Okay.                                                                                                                                                       20                    A. No.
                                                                                                                                                                                                                                                        I
                                                                                                                                                                                                                                                        j
21                Q - if you don't anticipate.                                                                                                                                   21                    Q. What's your date of birth?
                                                                                                                                                                                                                                                                                                                                                                                              1:
                        .        •



22                      Growing up did you have any nicknames,                                                                                                                   22                    A.       7115/51.


                                                                                                                                                                                  24                                                                                                                                                                                                          1
23                   Jim, Ji mm y Jamie?                    ,
                                                                                                                                                                                 23                                                                         R E DACTE D


                                                                                                                                                                                                                                                                                                                                                                                              I
24                A . Jim.
                                                                                                                                                                                 25
                                                                                                                                                                                                                                                                                                                                                                                              I
25                Q. Do your friends still call you Jim?                                                                                                                                                e                                                                                                                                                                       �
r-----�--�------------�---------                                                                                                                                 -�--------------------------------- - -
                                 a                                                                                                                                                                    a
                               p                                                                                                                                 14                                 p g                                                                                                                                                                         6




                                                                                                                                                                                                                                                                                                                                                                                              III
   1              A. No, they call me Jesse now for the most pali.                                                                                                                      1                                                                      R E DACTE D
   2                Some do, some don't. But, generally, if                                                                                                                            2
   3                we're at all in public, they'll call me by                                                                                                                         3

    5
   4                Jesse as opposed to the way they know me as                                                                                                                        4

                                                                                                                                                                                                                                                                                                                                                                                              I
                    from my youth.                                                                                                                                                     5


                                                                                                                                                                                                                                                                                                                                                                                              Ii
   7
    6             Q. SO the name they call you depends on the                                                                                                                          6
                    setting and how long they've known you?                                                                                                                        7

                                                                                                                                                                                                                                                                                                                                                                                              I,I
  8               A. Yeah. Yes.                                                                                                                                                    8
  9               Q. Have you had any nicknames over the years?                                                                                                                    9
                                                                                                                                                                                  10

                                                                                                                                                                                                                                                                                                                                                                                              1
 lO               A. The Body.                                                                                                                                                                                                                                                                                                                                                                  ,
 11               Q. When were you first called The Body?                                                                                                                        11
 12               A. Nineteen seventy-eight, I think.                                                                                                                            12                                                                                                                                                                                                           1
 13               Q. As pali of yoUl' wrestling career?                                                                                                                          13                                                                                                                                                                                                           i
                                                                                                                                                                                                                                                                                                                                                                                              1,
                                                                                                                                                                                  15                                                                                                                                                                                                          I
 14               A. Yes.                                                                                                                                                        14


                                                                                                                                                                                                                                                                                                                                                                                              I
 15               Q. Do people still refer to you as The Body?

 17
 16               A. Occasionally.                                                                                                                                               16


                                                                                                                                                                                                                                                                                                                                                                                              !I
                  Q. Less and less as the years h ave gone by?                                                                                                                   17
 18               A. Probably, because it's been less and less                                                                                                                   18

                                                                                                                                                                                                                                                                                                                                                                                              I
 19                 years in wrestling. I've been gone from it                                                                                                                   19

                                                                                                                                                                                                                                                                                                                                                                                              I
                    I left that business.
 20                 since 1990, so it's 20 -- 22 years now since                                                                                                                 20

                                                                                                                                                                                                                                                                                                                                                                                              !
 21                                                                                                                                                                              21

                                                                                                                                                                                                                                                                                                                                                                                              1
 22               Q. A ny other nicknames?                                                                                                                                       22


                                                                                                                                                                                                                                                                                                                                                                                              1
 23               A. No.                                                                                                                                                         23
                                                                                                                                                                                 24
                                                                                                                                                                                                                                                                                                               .                                                                               !
 24               Q. As I recall, at one point white you were
 25                 governor there was a little bit peliaining                                                                                                                   25
 ,,"',,,,,,',"',,,'" "., ,...,   ""." ,,,,,"",,.,�,,.''"'"''�'''''.''' "." . ""'" " ."'.-"";.",,,,, ·.',c"-",,. _".,.,."
                                                                            '.                                             ,,,.. ",,,-,,,.,.,".<" .. " c" .,".   " ...
                                                                                                                                                                    ,"   . " .. ..." ."". , ,,
                                                                                                                                                                                   .
                                                                                                                                                                                        . , .    " . " .""",." ,.,,."
                                                                                                                                                                                                    ,'" '               -,   . , ...,.. . . "
                                                                                                                                                                                                                                      ;-.       ".. , -,.,,,. .
                                                                                                                                                                                                                                                  ..          ,,, ...," ,.. ... , .
                                                                                                                                                                                                                                                                 .        .
                                                                                                                                                                                                                                                                            .         .
                                                                                                                                                                                                                                                                                      .. .-..   "'. ".''' . '.'' '" ..." ",
                                                                                                                                                                                                                                                                                                  .              .      .     .....".',', ,.."','" . ..
                                                                                                                                                                                                                                                                                                                                     . .           .
                                                                                                                                                                                                                                                                                                                                                          ..
                                                                                                                                                                                                                                                                                                                                                             ., ....
                                                                                                                                                                                                                                                                                                                                                               .       """''''' .'   .. _ .   j


                                                                                                                                                                                                                                                                              4            ( Pa g e s 1 3 t o 16)
       CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 6 of 84

                                            Page   17                                                Page

 1                   REDACTE D                           1     went through boot camp; I went through
 2                                                       2     Stol'ekeeper A school; I went through

                                                               Class 5 8; r went through Army Airborne Jump
 3                                                       3     Basic Undenvater Demolition SEAL training)
 4                                                       4
 5                                                       5     school; I went through SERE school,
 6                                                       6     Survival, Escape, Resistance and Evasion; and
 7                                                       7     I went through what they call SBI, SEAL Basic
 8                                                       8     Indoctrination, or as what we referred to as
 9                                                       9     SEAL Cadre. I graduated from there on a
10                                                      10     Friday and deployed overseas the following
11                                                      11     Monday.
12                                                      12   Q. Now, when you referred to class of 58,
13                                                      13     Class 5 8, that's not 1 9 5 8, that's --
14                                                      14   A. No. No, they're not numerical according
15                                                      15     to -- probably at rough estimate, two to
16                                                      16     three classes a year go through.
17                                                      17   Q. Okay.
18                                                      18   A. Class 5 8 began in June 22nd, 1970, and we
19                                                      19     ended the first week of November 1970.
20                                                      20   Q. Okay. And over the years you've expressed
21                                                      21     some pride in your training?
22                                                      22   A. Absolutely.
23                                                      23   Q. And you have attended variolls reunions and
24                                                      24     gatherings _M



25                                                      25   A. Yes.
                                            Page 18                                                  Page   20

 1                   REDACT E D                          1              MR. OLSEN: Make sure you let him

                                                             BY MR. B ORGER:
 2                                                       2     finish his question before you answer.
 3                                                       3
 4                                                       4   Q, - reunions 01' gathering of the BUD/S 01'
                                                                -



 5                                                       5     SEALs, cOl'l'ect?
                                                                                                              I
                                                                                                                 1l
 6                                                       6   A. Yes.
 7                                                       7   Q. How many have you attended over the years?


                                                                                                                 1
 8                                                       8   A. I couldn't teU you exactly, but I would say  .\

 9                                                       9     from the time I left the Navy to today, it's
10                                                      10     more than a dozen roughly. I couldn't tell
11                                                      11     you an exact number, but I'm sure it's double
12                                                      12     digit.
13   Q. Prior to your wrestling career you had some     13   Q. Okay. And you left the Navy in 1975?
14     military experience, correct?                    14   A. I would -- left active duty in 1973 and was
15   A. Yes.                                            15     honorably d ischarged in 1975,

                                                                                                                 I'
16   Q. Tell me about your training.                    16   Q. Okay. And the dozen reunions that you've""


                                                                                                                 I'
17   A. My training?                                    17     dozen or more reunions that you've been to,
18   Q. Yes, sir.                                       18     is that since 1 973 or since 1975?
19   A. I went --                                       19   A. Oh, they would be from '75, but I probably
20             MR. OLSEN: I'm going to object to        20     didn't start going to reunions until 1990 01'
21     the form of the question, it's vague and         21     so� because I was too busy with my career.     II

     BY MR . BORGER:                                           out. I couldn't answer whether they even
22     ambiguous.                                       22     And I'm not sure if they had them when I got
23                                                      23

     A. I enlisted in the United States Navy. I
24   Q. What military training did you receive?         24     existed at that point. It would be fi'om
25                                                      25     probably roughly 1 990 to present day.

                                                                                 5   ( Page s 17 to 2 0 )
          CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 7 of 84

                                                       Page 2 1                                                          Page 2 3 I
                                                                                                                                  1
                                              "




                                                                                                                                  I
                                                                       Q. Thank you, sir. Do YOll remember what year              j
 1   Q. Were there one -- was there one reunion a                  1   A. -- who was an East Coast guy.
 2     year or multiple reunions?                                  2
                                                                                                                                      I




                                                                                                                                  1
 3   A. Well, there -- there's -- there's -- it's --               3     that was on the East Coast?
 4        it's an interesting situation in that there's            4   A. The East Coast, what year? It would have to


                                                                                                                                  1
 5        the East Coast and there's the West Coast.               5     be mid nineties. Somewhere mid to latter

 7
 6        All odd numbered teams are on the West Coast,            6     nineties, I'm guessing.
          all even numbered teams are on the East Coast,           7   Q. When was the last time you attended a reunion
 8        and so there's actually two reunions.                    8     on the West Coast?
 9        There's an East Coast reunion and there's a              9   A. On the West Coast?


          is always the third weekend in July. The
10        West Coast reunion. The East Coast reunion              10   Q. Yes, sir.



                                                                                                                                  I
11                                                                11   A. Twenty ten, two years ago.
12        West Coast reunion is always the third                  12   Q. And that would have been your last attendance
13        weekend in August. And that's -- that you               13     a t a reunion o n either coast --
14        can put on your calendar every year, because            14   A. Yes.
15        it's known by all within the community.                 15   Q. -- i s that correct?

17
16   Q. And since you were class of 58, an even                   16         As you're well aware, Governor Ventura,
          year -"                                                 17     this lawsuit involves the dispute over events
18   A. No, no, no, this has nothing t o do with your             18     surrounding or concurrent with a reunion in

                                                                                                                                  I
19        class.                                                  19     2006 --
20
21
     Q. Oh--
     A. This has to do with the teams -- the teams
                                                                  20
                                                                  21
                                                                       A. Yes.
                                                                       Q. -- correct?                                             !
                                                                                                                                  I

                                                                                                                                  I
22        you served on. Odd numbered teams are                   22         Specifically, there's some dispute what              I
23        West Coast, even numbered teams are                     23     happened or may have happened at an
                                                                                                                                  I
                                                                                                                                  I
24        East Coast.                                             24     establishment called MeP's, correct?
25   Q. Okay. And which team did you serve on?                    25   A. No, there's no dispute. Nothing happened.

                                                       Page 22                                                         Page 24

 1   A.    I served on Underwater Demolition Team 12 ,             1   Q. YOli have one account and the defendant has


          transferred to SEAL Team 1 Reserve Unit.
 2        and then when I went to the reserves I was               2     another account.
 3                                                                 3   A. That may be true, but nothing happened,
 4   Q. Does that mean you qualify for reunions on                 4   Q. Okay. Tell me what MeP's is.
 5        both the even and the odds?                              5   A. MeP's is a restaurant/bar located on

                                                                   7
 6   A. Oh, you can go to either. You're not                       6     Orange    Avenue in Coronado, California. It's
 7        understanding me completely, I don't think.


                                                                                                                                  I
                                                                         owned by Greg McPaltlin, who happens to be
 8        There's a group of teams on the East Coast               8     one of my SEAL SBI Cadre instructors. He was
 9        and there's a group of teams on the                      9     a corpsman who taught me how to administer
                                                                                                                                  I

                                                                                                                                  I
                                                                                                                                  I
                                                                         of my teammates if they needed it. You get a
10        West Coast. When I was in, it was                       10     morphine to myself if I had to or to any one


          Team 13 on the East Coast with SEAL Team --                                                                             I
11        Underwater Demolition Team 1 1, Team 12 and             11
12                                                                12     celtain amount o f medical in the     SEAL Cadre
13        or West Coast with SEAL Team 1 on the                   13     training or SBI training.
                                                                                                                                  I
                                                                         Mr. McPartlin?                                           I
14        West Coast. On the East Coast was DDT 2 1,              14   Q. SO you have a good relationship with
                                                                                                                                  I




15     UDT 22 and SEAL Team 2 .                                   15
16   Q. Okay. So you've been to reunions on both the              16   A . Yeah. We've been friends for -- well, an
17        East Coast and the West Coast?                          17     instructor isn't your fl'iend usually until
18   A. I've only been to one East Coast reunion.                 18     after you get out of training or get done
19        Predominantly, I've gone to all West Coast              19     with -- but in Cadre it's a little different,
20        reunions, because I served in the West Coast.           20     because you've already completed BUD/S,
21        I didn't know as many East Coast guys like I            21     Basic Underwater Demolition         SEAL, and this is
22        do West Coast guys. I went to one reunion on            22     more o f a n advanced thing prior t o going --


                                                                         McPalilin's been a fi·iend. In fact, a couple
23        the East Coast accompanying my friend                   23     deploying overseas. But, no, Greg
24        Richard Marcinko --                                     24
25   Q. Okay. When was --                                         25     of years ago he signed and gave me one of his

                                                                                                 6 ( Pages 2 1 to 2 4 )
       CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 8 of 84



                                                               1                                                                   I
                                           "      Page   25                                                        Page 27



 2                                                             2
 1      books that he wrote, a book that he had                      when I was there.
                                                                                                                                   t

 3                                                             3   A. I couldn't tell YOtl. There's nothing that
                                                                                                                               !
       written.                                                    Q. Is it possible you were there two days?

 4                                                             4
     Q. When you say a couple years, would that be


                                                               5
                                                                                                                               II
       about 2010 or    �-                                           distinguishes any of my many times to McP's


                                                               6
 5   A. I don't remember. I could not remember.                      f!'Om one time to another, so it's very

 7
 6   Q. What book did he give you?                                   difficult for me to determine. I've probably


                                                               8
     A. . SEAL Corpsman, I think: it's called, 01'             7     been at McP's1 2 to18 times throughout the
 8     something like that. It was about his                         course and -- but it's hard to distinguish

10                                                            10
 9     experiences and his life stOlY.                         9     one from the other, because none stand out

11                                                            11
     Q. And did he give that to you ShOltly after it                 any different. It's pretty much the same

12                                                            12               MR OLSEN: Just listen to his
       was published?                                                routine when I' m there.

13   Q. Did he inscribe it to you in any way?                 13
     A. I don't know.                                                             .




14   A. I think so.                                           14
                                                                     questions ""


                                                              15
                                                                               THE WITNESS: Yes.

                                                              16
15                                                                             MR. OLSEN : -- and answer his
                                                                                                                               I
     Q. Do you still have a copy of that?
16   A. Maybe.                                                       questions.


                                                              18                                                               I
17
     A. I probably do somewhere.
     Q. Okay.                                                 17               THE WITNESS: Yes.

                                                                                                                               !
18
     Q . I take i t Mr. MePaltlin was someone whose
                                                                               MR. OLSEN: He didn't have a

20                                                            20                                                               I
19                                                            19     question there.

21                                                            21   BY MR. BORGER:
       words you would accept and believe?                                     THE WITNESS: Okay.

22                                                            22
     A. I have no reason not to.                                                                                               !
                                                                                                                               j

23                                                            23
     Q . Okay. Were you present a t McP's at any time                                                                          I


                                                                                                                               1
                                                                   Q. On this occasion in October of 2006, was your

24                                                            24
       during October of2006?                                        trip to McP's the same day as the graduation


                                                              25
     A. Yes.                                                         ceremony?
25   Q. D o you remember the day that you were                     A. I can't remember.

                                                                                                                          28

 1
                                                  Page   26

                                                                                                                               I
                                                                                                                   Page



 2                                                             2                                                               l
       present --                                              1   Q. Do you recall whether your trip to McP's in

                                                                                                                               I
 3                                                             3
     A. No.                                                          October of 2006 occurred before 01' after the

 4
                                                                                                                               !
     Q. -- at MeP's?                                                 graduation?                                               ,
                                                                                                                               !

 5                                                             5                                                               1
          Did that occur in some relationship to               4   A. I couldn't recall, no. I -- I really don't


                                                               6
       the graduation or reunion?                                    know if it was before or after. It could

 7
 6   A. It occurred because Class 258 was graduating.                have been either.
       And it's a -- it's a tradition that you come           7    Q. Do you have any personal knowledge of
 8     back on your centennial classes, so this                8     anything that occurred at McP's during

                                                              10
 9     would have been my bicentennial class. I,               9     October of 2006 on a day when you were not

11                                                            11
10     likewise, attended the graduation of 158 --                   present at McP's?

12                                                            12
     Q. Okay.                                                                  MR. OLSEN: Object to the form of

13                                                            13               THE WITNESS: I don't -- I don't
     A. -- which was 20 "" roughly 20 years earlier                  the question.

14                                                            14
       01' whatever, 18, whatever it might have been,


15
       I couldn't recall exactly.   But,                             understand what you're saying to me. How

16                                                            16
       traditionally, many guys will show up when             15     could I comment on something that happened at


                                                              17
       your centennial class graduates, 158. And                     McP's --
17     this happened to be -- 1'm getting old enough                           MR. OLSEN: Well, you've -" you've
18     now where there's a bicentennial class. And            18     answered.

20                                                            20               MR. OLSEN: Let him ask you a
19     that was the graduation of my bicente1U1ial            19               THE,WITNESS: Okay.

21                                                            21
       class that palticular day we're "- days we're

22                                                            22               THE WITNESS: All right.
       talking about.                                                question.

                                                              23   BY MR BORGER:
     Q. Okay. Did you go to McP's more than one day

24   A. I can't remember. I know I was there once             24   Q. Well, I think you're -- you do understand,
23     during that trip?                                                   .




25     for sure and I know the people I was with              25     you do appear to understand the question.

                                                                                          7   ( Page s 2 5 to 2 8 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 9 of 84



                                                                                                                             I
                                                Page 29

                                                                1
                                        ,.                                                                      Page   31
 1
 2                                                              2
                                                                                                                            I
       The answer to the question -- the question                     Mike and Bill are?

 3                                                              3
       was, as yO\.11' comment reflects, if you weren't             A. No.

 4                                                              4
       there, you don't really hftve any way of                     Q. Do you recall getting a copy of this document

 5                                                              5
       knowing personally anything that happened?                     in 2006?

 6                                                              6
     A. Yes.                                                        A. No.

 7        --
     A. I I don't think anyone would.                           7
     Q. That's correct?                                             Q. This refers to plans for the BUD/S Class 58

 8                                                              8
                                                                      reunion in 2006. Is that the same event that

                                                                9
     Q. Okay. Even with respect to the time that you                  we've been discussing?

10                                                             10
 9     were at McP's, do you have any personal                      A. Yes.

11                                                             11
       knowledge of any events that occulTed at                     Q. And did you plan to go when you -- do you

12                                                             12
       McP's at a time or in a location when you                      remember receiving this letter at all?

13            MR OLSEN: Object to the form of                  13
       were not there?                                              A. No.

14                                                             14
                      .                                             Q. Okay. Did you-­

15                                                             15
       the question.                                                A. No.

16                                                             16   A. I remember I made last-minute plans. 1
              THE WITNESS: I don't understand                       Q. -- make plans to go to the reunion?

17   BY MR. BORGER:                                            17
       what you're asking me.

18                                                             18
                                                                      wasn't going to initially attend. And then I

19                                                             19
     Q. The only -- only personal knowledge you have                  can't recall who called me, but, you know,

20                                                             20
       of anything that did or did not occur at                       they put the old guys will put pressure on
                                                                                �"




21                                                             21
       McP's, is what you observed while you were                     you and tell you whose going to be there and

22                                                             22
                                                                                                                            I,
       there, correct7                                                whose confirmed, and maybe it's some people

23                                                             23                                                           I
               MR. OLSEN: Object to the form of                       you haven't seen in a long time. But I

24                                                             24                                                           !
      the question, it's vague and ambiguous.                         remember initially I was not going to go, and

25   BY MR BORGER:                                             25
             THE WITNESS: (Indicating.)                               then at the -- at the eleventh hour, for lack


                                                                                                             g�::� 1
               .                                                      of any other explanation, I ended up



 1                                                              1
                                                P a ge    30                                                           32


                                                                    A. I don't think so. I don't think I ever have
     Q. You can still answer the question.                          Q. Okay. Did you send an RSVP?

 3                                                              3
 2   A. Yes.                                                    2

 4                                                              4
                   (Exhibit DX-39 mal'ked                             to -- to anything out there. I don't think

 5   BY MR. BORGER:                                             5
             for identification.)                                     it's required, RSVP.

 6                                                              6
                                                                                                                            I
                                                                    Q. Okay. Now, you see on the schedule, about      i

 7     your Deposition Exhibit Number 1, (sic),                 7                                                    jl
     Q. I'm showing you what's been marked as                         halfway down the page it refers to, "12,

 8                                                              8
                                                                      October, Thursday, an informal gathering at

 9                                                              9
       Governor Ventut'a. Do you recognize that                       McP's at about 1800 hours." Did I read that

10                 MR OLSEN: John, if we could just            10
       document?                                                      correctly here?

11                                                             11
                          .                                         A. Dh-huh. Yes.

12            MR BORGER: I'm sorry.                            12
       hold up a minute.                                            Q. Do you believe that you went to that informal

13                                                             13   A. I don't know. I know that I did go to McP's
                                                                      gathering on October 12th?

14
                          .




                                                               14                                                    j
       Thirty-nine.

15   BY MR BORGER:                                             15                                                           "
             THE WITNESS: (Reviews document.)                         that weekend. But it's six years ago and

16                                                             16
               .                                                      there's no reason that I would know

17                                                             17
     Q. Do you recognize that document?                               specifically what day -- day it was on.

18                                                             18            MR. BORGER: Let's mark this.
     A. Not really.                                                   There's only a few things I remember about...

19                                                             19
     Q. The Bates number at the bottom, V00382,

20                                                             20
       indicates that it's a document that was                                (Exhibit DX-40 marked

21                                                             21   BY MR BORGER:
       produced by your counsel in the course of                              for identification.)

22                                                             22
       discovery in this litigation. And it is a                            .




23                                                             23
       lettel' dated 6, October, 2006, and directed                 Q. I'm showing you what's been marked as your

24                                                             24
       to Class 58 members. Do you see that?                          Deposition Exhibit 40. Do you recognize that

25                                                             25
     A. Uh-huh. Yes.                                                  as a document titled, "Plaintiffs Objections
     Q. It's signed Mike and BilL Do you know who                     and Second Supplemental Responses to

                                                                                         8   ( P a ges 2 9 to 3 2 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 10 of 84



                                                                                                                       I
                                       p      Page 33                                                 Page 35

                                                              A. No. It·- like I said, I was there, I
 2
 1      Defendant's Intenogatories and Request for        1
                                                                                                                   I
                                                                                                                       I
 3
        Production of Documents," in this lawsuit?        2     don't I cannot recall specifically if --

 4
                                                                      _.




                                                          4
     A. Yes.                                              3     when I read this, (indicating), that we were

                                                                don't know if! went. I know I arrived very
     Q. I'll direct your attention to page 4 --                 supposed to gather at McP's 011 Thursday, I
 5   A. Uh- l1l.1h.                                       5
 6   Q - of that document, sir, and spilling over         6     late. There's a chance that I didn't go

 8
       .   •




                                                          8               MR OLSEN: And when you say you,
 7      onto page5. Now, this document indicates--        7     there Thursday.
        and this is something that you responded
                                                                                                                   I
10
                                                                                .


 9      to--                                              9     "Read this," you were pointing at Exhibit 39?

     Q. - in terms of prior discovery in this
     A. Uh-huh.                                          10              THE WITNESS: Yes, at Exhibit 39,

                                                                it too, it was informal, so there was -- you
11        -                                              11     which was the schedule. And the way I read
12      lawsuit, right?                                  12

                                                         14
13   A. Yup.                                             13     know, there was no requirement to go to McP's
14   Q. You signed the responses?                               Thursday. And as late as I arrived, I can't
15   A. I'm sorry?                                       15     remember if I would have gone there 01' not
16   Q. You signed the responses?                        16     that night.

                                                         18              THE WITNESS: I guarantee YOll I
17   A. I don't know.                                    17              MR. BORGER: Okay.
                                                                                                                   i
                                                                                                                   j


     A. Then 1 did. If my signature is on it, then I
18   Q . YOUI' signature appeal'S a t the back?

20                                                       20
19                                                       19     checked into my hotel fit'st, because I            1
                                                                                                                   ,



21
                                                                                                                   I
        did.                                                    always I've traveled for decades and the

22
                                                                           _.




     A. I don't see a signature from me, but--           22
     Q. It doesn't on this one, I'm sorry.               21     first thing that I always do is check in to

23                                                                       MR . BORGER: Okay.                        I
                                                                my hotel.

                                                              BY MR BORGER:
     Q. There was an earlier version which you did       23
24      sign. Do you remember signing?                   24                                                        1
                                                                      .
                                                                                                                   I
                                                                                                                   l
25   A . No.                                             25   Q. On your travel, was this a last�minute plane      !




                                                                                                                   I
                                             Page 34                                                  P a g e 36




                                                                                                                   I
 1   Q. Okay. This answer to Interrogatory Number 2       1     reservation?
 2      states, liOn Friday, October 13th, 2006,          2   A. Could well have been.

 4                                                        4
                                                                                                                   I
 3      Governor Ventura attended the BUD/S Class 258     3   Q. Do you remember what airline you traveled on?

 5                                                        5
        graduation ceremonies at approximately 1:00           A. No. Not when I -- no.
        or 2:00 p.m., \vhere he sat in the audience.          Q. Was anyone going with you on this trip?           I
 6      Following the graduation, he went to McP's        6   A. No.                                               l
 7      Irish Pub at around 5:00 p.m., and he sat at      7   Q. SO your wife wasn't along with you?
 8      a table on the outdoor patio with William         8   A. No.
 9      and Chal'1ene DeWitt, Mike Gotchey and            9   Q. Neither of yOUi' children were there?
                                                                                                                   j

     A. Gotchey.                                                                                                   I
10      Mike Seidler where they" --                      10   A. No.

     Q. Gotchey? I'm sony.                               12
11                                                       11   Q. Nobody else was along on the trip?
12                                                            A. No.
13   A. Gotchey.                                         13   Q. Okay. YOli met some fl'iends there and went
                                                                                                                   J
14   Q . Okay. "And Mike Seidler," did I pronounce       14      out to dinner with them?
                                                                                                                   !



                                                                                                                   I
15      that right?                                      15   A. Yes.
16   A. Yup.                                             16   Q . Okay. But they didn't travel with you?
17                                                       17

                                                                                                                   I
     Q. "Where they ate dinner and engaged in                 A. No.
18      conversation. Plaintiff saw a number of          18   Q. Do you remember what time yoU!' flight
                                                                                                                   !
20
19      younger SEALs at MeP's who had been at a         19      arrived?
                                                                                                                   I


                                                         21
        funeral earlier i n the day who appeared to be   20   A. No.

22
21      drinking heavily." Did I read that right?             Q, Do you recall how many days you were in
     A. Yes.                                             22      San Diego 01' the environs?

                                                         24
23   Q. Does that answer in any way affect your          23   A. No.


                                                         25   A . Normally, I stay at the Loews. But I have
24      previous answer at this deposition about the          Q. What hotel did you stay at?
25      date that you were there?

                                                                                    9    ( P ages 3 3 to 3 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 11 of 84


                                                                  37
                                                                                                                                            I
                                                                        1
                                              P          P a ge                                                             Page   39

          stayed -- I have stayed, 1 think, at the -                                                                                        !

                                                                                                                                         I
 1                                                      -                        common carrier for you to have made a trip

                                                                            A. 1-- I would think I probably -- it probably
 2        there might have been a Marriott there. And                   2     from Minneapolis to San Diego?

          So I -- I can't recall which hotel I stayed                                                                                   I
 3        then years ago I stayed at the Del Coronado.                  3
                                                                                 would be, because they had a hub here then.
                                                                                 But 1 can't tell you if I flew on Northwest
 4                                                                      4
 5        at on any paLticular trip, because none of                    5
 6        them stand out in significance to any other                   6        for this trip. I fly so -- I flew so often
 7        ones. But I know since I've been governor                     7        in my career that I can't go to a specific
 8        I've stayed at the Loews quite often when                     8     date and tell you what plane I flew.

                  MR. BORGER: Let's mark this as
 9        I've gone out there.                                          9   Q. Do you remember going directly to your hotel
10                                                                     10     after you picked up the rental car?
11        41.                                                          11   A. Do I remember it? Not specifically, but
12           (Exhibit DX-41 marked                                     12     certainly I would have.

     BY MR. BORGER:
13           fOl'identification.)                                      13   Q. That would have been your normal rolltine?
14                                                                     14   A. Yes.

          Deposition Exhibit Number 41, do you
15   Q. Showing you what's been marked as your                         15   Q. Do you know how long a trip it is from the
16                                                                     16     San Diego airpolt to the hotels that you've


                                                                            A. J would say it would be roughly 30 minutes,
17        recognize yom signature on the last page o f                 17        mentioned in San Diego?
18      that document?                                                 18
19   A. Yes.                                                           19     in that vicinity.
20   Q . Can you tell us, for the record, what that                    20   Q. Do you have any recollection of going out



                                                                                  ��:::::::��::�:���::;                                 I
21      document is?                                                   21     a


                                                                            �:
22   A. It's a car rental fi'om the San Diego Airport                  22

                                                                                                                                        !
23        in San Diego, California, rental date 12,                    23                                     o       �yjng at your
24     October, and 7:29 p.m.                                          24        hotel that entire evening?
25   Q. Does that refresh your recollection at all as                  25   A. No.

                                                         Page     38                                                        Page 4 0

 1                                                                          Q . If you stayed at the hotel o r near the hotel
 2
          to the time of your arrival?                                  1
     A.
 3
           Yeah, it tells me that I arrived and was at                  2      on the evening of October 12th, 2006, would
       the rental place at 7:30 p.m. in the evening.
 4   Q. And that's National Car Rental?
                                                                        3      you -- would your routine have been to order

 5                                                                      5
                                                                        4     something from room service or to go Otlt
     A. That's what the document says.
 6
                                                                              someplace nearby?

 7
     Q. Do you have a specific recollection of                          6   A. I couldn't answer. I can't answer that.

 8   A. No.
          picking up the cal' at National?                              7   Q . You wouldn't have -- you didn't have a

 9                                                                          A. Oh, I have a routine that it - all the years
                                                                        8      routine, is that --

10
     Q. Okay. You're basing it strictly off the                         9                                         -




11   A. Yes. There would be no reason that I would.
          document, correct?                                           10     that I'd fly going city to city in my

12                                                                            to hotels fIrst whenever T arrive at a new
                                                                       11     wrestling career and after that, I always go

13
     Q. Do you remember where you were coming fi'om on                 12

14
          this trip?                                                   13     city. That's pretty routine that I would
     A.
15
           Minneapolis.                  ,                             14     always check in to the hotel first upon

16   A. I think.
     Q. Okay.                                                          15     arrival.

17
                                                                       16   Q. Do you have a nOl'mal time for going to bed

18                                                                          A. No. Again, that's vague. I - YOll know, it
     Q. You weren't on the West Coast flying down                      17     when you're traveling?

19
          01' --                                                       18                                         -



     A.    No. I --1 would think I came from
20
                                                                              would depend on what I'm traveling for.
                                                                                                                                        !
                                                                       19

21
          Minneapolis.                                                 20   Q. If you don't have anything scheduled the same

22
     Q. When you fly from Minneapolis to San Diego is                  21     day as arrival, do you try to get an early    �-


                                                                                                                                        I
23
          there an airline that you typically took in                  22     turn in early or do you stay up late?
          20067
24   A. No.
                                                                       23   A. (Shakes head.)

25
                                                                       24   Q. No routine?
     Q. Would N0l1hwest Airlines have been the most                    25   A. No routine.

                                                                                                  10    ( Pages 37 t o 4 0 )
         CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 12 of 84


                                                                                                                   43

                                                            1
                                                 Page   41                                                 Page

  1
  2                                                         2                   R E DACT E D
      Q. Do you have any recollection of making any           A. I don't believe so.

  3                                                         3
        stops between picking up your car and going

  4                                                         4
        to the hotel?

  5                                                         5
     A. No.                                                   Q . How did you come to know William DeWitt?

  6     ��                                                  6
     Q. Do you recall when you checked in at the              A. I went through BUD/S Class58 with him. We

  7                                                         7
                                                                 graduated together.

  8                                                         8
     A. No.                                                   Q. And you stayed in contact with him over the

  9                                                         9
     Q. And, again, nobody else would have been with             years?

 10                                                        10
        you on the trip from the airpolt to your              A. Off and on      -­




 11                                                        11
        hotel, correct?                                       Q. Okay.

 12
     A. No, no one would have been with me.                   A. -- as I do any teammate.

 13                                                        13
     Q. Okay. Now, referring you back to Exhibit 40        12 Q. Do you mostly see him at the reunions or are

 14                                                        14
        and your description of your visit to McP's,             there     -­




 15                                                        15
        you described three people who were there             A. Yeah.

 16                                                        16
        with you, Mr. and Mrs. DeWitt, Mike Gotchey           Q. Okay.

 17                                                        17
        and Mike Seidler   �-                                 A. Yes.


 18                                                        18
     A. Dh-huh.                                               Q. Outside of the reunions, how frequently do

 19                                                        19
     Q. -- correct?                                              you have contact with Mr. DeWitt?


 20                                                        20
            How did you happen to go to McP's wHh             A. Not too often.

 21                                                        21
        them?                                                 Q. Okay. Have you spoken personally with

 22  Q. And I guess I was making a presumption that I      22
     A. No idea.                                                 Mr. DeWitt about this lawsuit?

 23                                                        23
                                                              A. Yes.

 24                                                        24
        shouldn't have. Did you go to McPls with              Q. Okay. Did you discuss the events of

 25                                                        25
        them or did they meet you there?                         October 2006 with him?

r---------------�--------------�----_r------------------------��----------4l
     A. I couldn't tell you. I'm -- I would tell you          A. We discussed what didn't happen.

                                                  Page 4 2                                            Page 4 4 I

                                                              1
                                                              2   A. I can't remember. Sometime this year.
   1      this, that just about every time I've been at           Q. Okay. When did you have that discussion?

                                                              3
   2      McP's, Mr. Gotchey has been with me through

   4                                                          4
   3      the whole -- through many, many years,                  Q. Okay. Did you have a similar discussion with

   5
          because we're very good friends.                          Charlene DeWitt?

                                                              6
       Q. And does he live there in San Diego?                5   A. Yes.

  7                                                           7
   6   A. No, he does not.                                        Q. Okay. Was that on the same day, same phone

  8                                                           8
       Q. He comes in for the reunions?                             call?

  9                                                           9
       A. Yes.                                                    A. More than likely.

 10                                                          10
       Q. Where does he live?                                     Q. And then was this a phone call?

 11                      R E DACTED                          11
       A. Steamboat Springs, Colorado.                            A. Yes.

 12                                                          12
                                                                  Q. Okay. Do you recall hovi' long that lasted?

 13                                                          13                                                         I
                                                                  A. No.                                                .


 14                                                          14
                                                                  Q. What did you say to Mr. and Mrs. DeWitt and

 15                                                          15
                                                                    what did they say to you?

                                                             16     to me that I didn't do any of these things
                                                                  A. I -- I can't recall. They "- they verified

 17                                                          17
 16

 18                                                          18
                                                                    that I've been accused of doing and that

 19                                                          19
                 THE WITNESS: Oh, I'm not sure.                     they -- that they had witnessed and were with

 20       lives in mUltiple places.                          20
          Bill has had a career in the military and                 me that night and they know that it's false.

 21               MR. BORGER: Okay.                          21
                                                                  Q. Were they with you onLy on one occasion in

 22    BY MR. BORGER:                                        22
                                                                    October of 2006?

 23                                                          23
                                                                  A. That's vague. What do you mean by that?

 24                                                          24
       Q . Do you recall where he was living in 2006?             Q. I'm sorry. At MeP's -- were they -- were

 25                                                          25
       A. No.                                                       Mr. and Mrs. De Witt in your company in
       Q. Was he living in San Diego in 2006?                       October 2006 at McP's   --




                                                                                      11    ( Pages 4 1 t o 4 4)
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 13 of 84


                                             Page 4 5                                                Page 47 i

                                                                                                                I
     Q. on more than one occasion?
 1   A. Yes.                                              1   Q. Okay. Did he indicate that he was with you

     A. I -- I don't know. But I know they were on
 2      _d                                                2     on one night at McP's?
 3                                                        3   A. We just -- we knew that we were there
 4     at least one occasion. When I was there they       4     together the only time we were at McP's.

       When r was at McP's, they were there with me.
 5     were there with me, let me put it that way.        5   Q. Okay. And, again, when you say the only time
 6                                                        6     you were at McP's, that was one-­




                                                                                                                '.1
 7   Q. And you don't have a specific recollection of     7   A. That weekend.
 8     being there with them on more than one             8   Q. -- one -- okay,
 9     occasion, correct?                                 9   A. That --
10   A. No.                                              10   Q. That was one occasion at McP's?
11   Q. That's correct?                                  11   A. Pardon me?
12   A. Yes.                                             12   Q. That was one occasion at McP's?
13   Q. Okay. Mike Gotchey, how do you know him?         13   A. To the best of my knowledge, yes.
14   A. He graduated with me, BUD/S Class 58.            14   Q. To the best of yoU!' knowledge, you were not
                                                                there 011 two nights?
                                                              A. I couLd have been, could not have been. I
15   Q. Okay. And have you stayed in touch with him      15
16     over the years?                                   16
17   A. Yes,                                             17     don't think so. I only remember being there

                                                                there -- the only -- when I was there, I was
18   Q, Is that also mostly in connection with           18     the one -- my memory only serves me of being
19     reunions?                                         19

                         R E DACTED
20   A. Reunions and .- yes, and certain other things    20     there with Charlene, Bill DeWitt and

              R E DACT E D
21     too.                                              21     Michael Gotchey.
22                                and he came he!'e      22   Q. The fourth person you've indicated is
23     when I was sworn in as governor.                  23     Mike Seidler.

       with Mr. Gotchey?
24   Q, Okay. So you have a very good relationship       24   A. Uh-huh.
25                                                       25   Q. How do you know Mike Seidler?
                                                    46
                                                                                                                I
                                             Page                                                   Page   48


     Q. Have you spoken with Mr. Gotchey about this
 1   A. Yes.                                              1   A. Same -- same reason.
 2                                                        2   Q. And is your relationship with him similar to
 3     lawsuit?                                           3     that of Mt·. DeWitt and MI', Gotchey?
 4   A. Yes.                                              4   A, Yes.
 5   Q. Okay, Do you recall when that occurred?           5   Q. And you see them mostly at reunions?
 6   A. No.                                               6   A. Yes.
 7   Q. Was that a telephone discussion?                  7   Q. Occasional phone calls 01' othel' visits -"
 8   A. Yes.                                              8   A. Yes.

     A. r couldn't tell you.
 9   Q. How long did the discussion last?                 9   Q. "- over the years? Good relationship?

                                                              Q. Did you speak with Mr. Seidler about this
10                                                       10   A. Yes.
11   Q. More than five minutes?                          11
12   A. Probably.                                        12     lawsuit?
13   Q. Less than an hom?                                13   A. Nope. No.
14   A. (Indicating.)                                    14   Q. Was anyone else present with you at MeP's
15   Q. What did you say to Mr. Gotchey and what did     15     in October of 2006 other than
16     he say to you?                                    16     Mr. and Mrs. DeWitt, Mike Gotchey and
17   A. Again, I told him abo"ut the -- the particular   17     Mike Seidler?
                                                                                                              j
                                                                                                                1
18     incident that I had been accused of being         18   A. I can't remember.
19     involved in, and I knew that I was with him       19   Q. Those are the only ones you remember?
20     that night, so I simply asked him if he would     20   A. Yes.
21     come forward and -- and be a witness for me       21   Q. Do you remember thel'e being a larger group
22     that none of this occut1'ed.                      22     than the five of you at McP's in October of
23   Q. And when you say, "That night," what night       23     2006?
24     are you talking about?                            24   A. Yes.
25   A. The night at MeP's.                              25   Q. And when I say, "Group," I'm talking about a

                                                                                12   ( page s 4 5 to 4 8 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 14 of 84

                                                    Page 4 9



                                                                                                                                       I
                                                                                                                           Page 5 1    1


 1      group of which you were a member.                       1         same?


     Q. Obviously, at an establi shment like McP's,              3
 2   A. (Indicating.)                                           2    A. Yes.
 3                                                                   Q. Describe your reactions to people coming up


       beyond those sitt i ng at your table.
 4     there are going to be a number of p eople                4      to you.
 5                                                              5    A. What's that?


                                                                       people coming up to you in public.
 6   A. Oh, yes . Yes .                                         6    Q. Describe for me your typical reactions for

                                                                     A. I try to be co urteous and -- and j f I can
 7   Q. Okay. For the gruup I'll take that back.
                               �"                               7

                                                                       I'll -- it depends what they want or what
 8     Were you and Mr. Gotch ey and Mr. S eidler and           8

                                                                       they're asking. I answer a question or I'll
 9     Mr. and Mrs. DeWitt all sittin g at the same             9
10     table ?                                                 10
11   A. Yes, I believe we were.                                11         sign an autograph or take a picture.                        '
12   Q. Okay. Do you remember any other people                 12    Q. Do you have any recollection of men coming up                 !
13     sitting at your table with you and this ""              13      to you at McP's on October of 2006?
14     and these other people "-                               14    A.    Of men?
15   A. No.                                                    15    Q.    Men, yes.

     A. No.
16   Q. -- for any extended period of time?                    16    A.    No, but I'm sure they did.


                                                                     A. T can't remember -- ifyou're asking me
17                                                             17    Q.    Okay.
18   Q. Did anyone come up to you while the five of            18
19
20
        you were together?
     A. Yes, always do, they do.
                                                               19
                                                               20
                                                                          specifically to be able to rem em ber a celtain
                                                                          Pel'sOn that        I wouldn't know who came up to          I
                                                                                                                                      1,
                                                                                         -�



21   Q . Okay.                                                 21          n I r.
                                                                          me,\v can't do that. I can't give you that
22   A. It doesn't matter when, I always get                   22         a s e
23     approached .                                            23

                                                                                                                                      I
                                                                     Q. Okay. You can't differentiate for this


     A. I don't know. I can't rememb er . A few
24   Q. Okay. How long were you at McP's that day?             24         occasion between men and women coming up to


                                                                                                                           :          1
25                                                             25         you, young or old coming up to you, lots

                                                    Page 5 0                                                           p ge     52

 1     hours, I'm sure.                                          1     people, a few people?


                                                                          women, young and old. 1 cannot recall
 2   Q. Long enough to have dinner?                              2   A. No, because I get them all. I get me n,
 3   A. Yeah. Yes.                                               3

     A. I don' t drink.                                                    Re ferring you back to Exhibit 39, the
 4   Q. Your companions had some drinks?                         4        individually who they are .
 5                                                               5   Q.
 6   Q. Your companions had some d rinks ?                       6        schedule of events for the reunion and
 7   A. 1 don't thi nk they drink much either. We're             7        graduation, do you see that the schedule has
 8     all old now, we don't consume very much                   8        the graduation occUl'ring at about 1 300 hours
 9     anymore. We're not avid, big drinkers. And                9        on Friday, October 1 3th?


       much. It wo uldn't be go od in his line of
10     Mike's a doctor. I don't think he drinks                1 0   A. Dh-huh.
11                                                             11    Q. Did you go to that graduation?

                                                                     Q. Okay. Do you recall what you did on the
12     work.                                                   12    A. Yes. That's why I was in San D iego .
13   Q. Describe the people that you recall coming up          13

     A. I ca n't. It -- irs no different than any
14     to you and your group.                                  14      morn ing bef   ore you went to that grad uation?
15                                                             15    A. No. Got up and ate bre akfa st. I'm
16     other time I've been out there. On the dozen            16      specu latin g.

                                                                                   MR . OLSEN:
17     times I've b een there, multitudes of p eop le          17    Q.    Okay.
18     come up to me, ask me questions, want                   18                                      Don't speculate .
19     auto graphs or whatever, get their picture              19                  THE WITNES S : Thank you. Well, it


                                                                     BY MR . BORGER;
20     taken, whatever it might be. 1 cannot                   20         gets a little humorous .
21     describe to you, because there's so m any. It           21
22     would be -- no one would stand out to me.               22    Q. Did you sleep in?
23   Q. Okay. Is it always pretty much the same?               23    A. I don't know.
24   A. (No ds head .)                                         24    Q. You had a car rental.
25   Q. And is your reaction always pretty much th e           25    A. Probably not, bec au se there's a two-hour time

                                                                                                 13   ( Pa ge s 4 9 to 5 2 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 15 of 84

                                                               53
                                                                                                                                       J
                                          ,        Page                                                                    Page 5 5



     Q.                                                                                                                                I
 1        change.                                                    1        class alone   -­




     A . So what I mean b y that i s when it's 8 :00 a.m.
                                                                                                                                       i
 2       Okay.                                                       2   Q. Okay.
 3                                                                   3   A.      what you have here, (indicating). The
                                                                                                                                       1
                                                                               �-



 4        out there, it would be 1 0 :00 a.m. to me.                 4        other reunions are not that way, they're for


                                                                                                                                       i
 5        Thus, switching to the evening, if it was                  5        everybody.


          10 o'clock in the evening for me, because I                                MR . OLSEN: When you say, "What
 6        8 o'clock in the evening, it would be like                 6   Q. Okay.


                                                                                                                                       I
 7                                                                   7
 8        came fl:om centml time.                                    8        you have here, " again, you pointed to
 9   Q. Are the graduation ceremonies typically at                   9     Exhibit 39, correct?                          I

     A. I don't know.                                                             MR , BORGER: Okay.

                                                                                                                                       I'
10     some time in the early afternoon?                            10            THE WITNESS: Yeah, Exhibit 39.

                                                                         BY MR . BORGER:
11                                                                  11
12   Q. Okay.                                                       12
13   A. I've only been to two.                                      13   Q. And had you been to the reunion in August of
14   Q. You've only been to two graduations? But               ��   14        2006?
15   A . (Nods head.) Three, counting my own.                       15   A. I might have been.


       it then it's an unusual circumstance that YOll                                                                                  I
16   Q. Okay. When you've been to reunions, I take                  16   Q. Okay. Is there anything that would refi'esh
17                                                                  17     your recollection as to whether you had been?
18     go to the graduation concurrently with the         ��        18   A. No.
19     with the reunion?                                            19   Q. Okay. You don't keep records of           -­



20   A. The reunions have nothing to do with the                    20   A. No.
21     graduations, they're completely separate. As                 21   Q. -- the reunions you go to?
22     I stated earlier in the deposition, the                      22   A. No.
23     reunions are the third weekend in August                     23   Q. Okay. Do you have any recollection
24     always.                                                      24        specifically of what happened at your
25   Q. Okay.                                                       25        attendance at the 1 5 8 graduation ceremony?

                                                   Page        54                                                          Page   56

 1
                                                                         A. Do 1 have a recollection of
     A. So this is not a reunion, this is just                       1        Not the 2 5 8 in 2006, but the 1 5 8.
 2        something that happens. As I said it's a   W�              2                                       _.



 3     it's been a tradition that members go out                     3   Q. Yes, sir.
 4     when their centennial classes graduate, and                   4   A. .- what happened at it?
 5     that would happen any time of the year                        5   Q.    Uh-huh.
 6        depending on when the graduation is. And as                6   A.    Be more specific, if you could, sir.
 7     I said, there's only been two and I've                        7   Q.    What year was that?
 8     attended both of them, 1 5 8 and 25 8 .                       8   A.    I can't remember.
 9   Q. Okay. Exhibit 39 refers to your Class 5 8                    9   Q . Okay. You remember having gone, but you
10     reunion, and that's why I was using that                     10      don't recall any specific events that
11     terminology. You see there on the first                      11     occurred in connection with that7
12     line?                                                        12   A. I know I spoke at that reunion.
13   A. (Reviews document.) Oh, okay. Well, that               M.   13   Q. Okay.
14     that's -- that would be the wrong terminology                14   A. One fifty-eight.
15     for the paper then, because the reunion is                   15   Q. Okay.


                                                                         Q. And do YOll recall whether that graduation,
16     the third weekend in August.                                 16   A. One fifty-eight I spoke at.
17   Q. Okay. Had you .- had you been to a reunion                  17

                                                                                                                                       j
18     ofyotll' BDDIS class in August of20067                       18     the 1 5 8 graduation, was in the afternoon 01'
19   A. Of my BVDIS class? No.                                      19     the morning?
20   Q . Were                                                       20   A. Yes.
                                                                                                                                       I
                 --



21   A. The reunions are for all classes      .-                    21   Q. Okay.                                                      I
22   Q . Okay.                                                      22   A. Afternoon.                                                 j

          everything the third weekend in August. It's
23   A.   and all frogmen and all SEALs and all
           -�                                                       23   Q. Okay. Do you recall what you did in the
24                                                                  24     morning preceding that graduation?
25     not paI1iculal' -- this is particular to my                  25   A. No.

                                                                                                 14   ( P a g e s 5 3 to 5 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 16 of 84

                                      p      Page 57                                                     Page 5 9
                                                                                                                    1
                                                            2
 1   Q. Getting ready for yOUl' speech?                     1   Q. Is it possible you just ran into them there?
     A. I donlt know. No, becal.lse I -- no. I can
                                                            3
 2                                                              A. I donlt remember.
 3     answer that definitively. No, not at all,                Q. Referring you back again to Exhibit 39> after

                                                                   "TBD Class 258 Graduation Party. " I assume
 4     because I donlt do prepared speeches. When I         4      the graduation reference there is a line for>
 5     ran for governor I never used one prepared           5

                                                            7
 6     speech.                                              6      the "TBD" would mean to be determined?
 7   Q. All l'ight. You obviously take some pride in            A. (Nods head.)

                                                            9   A. Yes> TBD would be to be determined, I guess.
 8     that?                                                8   Q. Again> you need an audible response, sir.
 9   A. (Nod s head.)

                                                           11
10   Q. Correct?                                           10   Q . And the Class 258 graduation party, i s that

                                                           12
11   A. Y es.                                                      something that you would attend?

                                                           13
12   Q. Okay. Again, back to the audible                        A. I donlt believe so.
13      responses --                                            Q. Okay.

                                                                                                                    I
14   A . Uh-huh.                                           14   A. I'm not in Class 258.

                                                           16                                                       I
15   Q . - - if you would.                                 15   Q . S O if you got together with people after the

                                                           17
16          Do you recall whether you drove to the                 graduation party, it would have been
17
18
        graduation ceremony in October 2006 by
        yourself or did you ride with anyone else?         18
                                                                   informally with your friends from your class?
                                                                A. Yes.                                             1
                                                                   included Mr. And Mrs. DeWitt> Mr. Gotchey and
19   A. I canlt remember.                                  19   Q . Okay. And those friends likely would have
20   Q . Did you drive your rental car to the              20
                                                           21      Mr. Seidler?
     A. T would assume.
21      graduation?
22                                                         22   A . Very likely it could, yes.


                                                           24
23   Q. You donlt have a recollection one way or the       23   Q. Do you remember encountering other members of

                                                           25
24      other?                                                     youI' Class 5 8 when you were i n San Diego in

                                                                                                                   !
25   A. No.                                                        October 2006?

                                                      58
                                                                                                                6° 1
                                                                                                                    J
                                             P a ge                                                      Page

 1
 2
 3
     Q.   Okay.
     A. I -- if it says here I had a rental car, then
        unless I -- unless somehow I decided to
                                                           1
                                                            2
                                                            3
                                                                A. You mean more than the people I've mentioned?
                                                                Q. Right.
                                                                A. Yes, I'm celtain there were probably more
                                                                                                                    I
                                                                                                                    1
                                                                                                                    !
                                                                                                                    !




                                                                                                                    I
 4      hitchhi ke, I would have driven my rental car.      4     there.


                                                                A. Well, they'd be on a roster of Class 58.
 5   Q. Were Mr. and Mrs. DeWitt staying at t he same       5   Q. But you donlt remember any of their names?

                                                            7
 6      hote l you were --                                  6
 7   A. I have no idea.                                         Q. You donlt --

                                                            9
                                                                A. I would have -- ifI looked at the roster, 1
     A. I cannot remember. I canlt re call.                        could probably tell. But I couldn't
 8   Q. Okay. What about Mike Gotchey?                      8
 9

                                                                   if that person were there> because T really
10   Q. Any recollection of where Mr. Seidler was          10      specifically say if this person were there or


                                                                                                                    I
11      s tayi ng - -                                      11
12   A . No.                                               12      can't remember any other classmates that were
                                                                                                                    I

14
13   Q. - - i n 2006?                                      13      there that day.                                  I




                                                                                                                    !
                                                                                                                    I
     A. Nope.                                              14   Q. Okay. When you were at McP's in October of

                                                           16                                                       1
15   Q. To the best of your recollection, were they        15      2006, did you see George McPartlin?
16      staying at a hotel other than the one where             A . Greg McPattlin.

                                                                                                                    I
17      you stayed?                                        17   Q. Greg McPaltlin> 11m sorry, yes.                  j

19
     A. I have no idea.                                         A. I don't recollect if I did or not.
     Q. Do you have any recolle ction of seeing them
18                                                         18
                                                                                                                    J
                                                           19   Q. Do you recall anything about what time you       1
                                                                                                                    I
     A . I hav e no recollection of that whatsoever.
20      at your hotel in October of 2006?                  20      arrived at MePls in October 2006?

     Q . Did you coordinate going t o MePls with
21                                                         21   A. No.
22                                                         22   Q . What do you recall specifically about the
23      Mr. and Mrs. DeWitt, Mr. Gotchey and               23      time you spent at McPls i n October 2006?
24      Mr. Seidler?                                       24   A. I recal l that we were sitting at a table
25   A. I don't remember.                                  25      neal' - - o n the patio close -- close to the

                                                                                   15    ( Pages 5 7 to 6 0 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 17 of 84


                                       "      Page 6 1                                                  Page 63
                                                                                                                       I
 1      building and fairly close to the gate that        1      verbally using these photographs.
                                                                                                                       I
 3                                                        3
                                                                                                                   I
 2      leads to the -- you can go in McP's either        2   A. Yeah, it would be -- we would be probably
        through the front doors or you can directly            , seated right around in the middle of that ""

                                                                                                                   I
 4      enter the patio. It has two openings off          4      underneath the middle of that tree,


                                                                                                                   I
 5      Orange Avenue right there. I recall we were       5      (indicating).
 6      sitting at a table closest to McP's, the          6                 MR OLSEN: Okay. And before you
                                                                              .



 7      building itself, the structure itself. I          7      point to that, thereis seven photographs in

                                                                                                                   I
                                                                                                                 I
 8      recall that there was a group of team --          8      Exhibit 42. If you number those numerically
 9      young team guys at the far end of the patio,      9      1, 2, 3 from front to back, which one are you

                                                                            THE WITNESS: I'm looking at
                                                                                                                   I
10      which I wel'e told were there following a        10      looking at?
11      memorial service of one of their fallen          11

13                                                                          MR. OLSEN: Okay, third
                                                                                                                   1
12      members had been killed in Iraq.                 12      number 3 from front to back.
     Q. Who told you that?                               13


                                                         15                 THE WITNESS: Aerial "- aerial          I
14   A . I don't recall. It just \vas mentioned to me    14      photograph.


                                                                                                                   I
15      when we got there. I couldn't recall who

17
16      specifically told me. And I recall they were     16      photograph number 3. And "" and I would


                                                                                                                   I
                                                                                                                 I
        drinking extremely heavily, which doesn't        17      recognize that as the side entrance and --

                                                                 for him what you're pointing to.
18      surprise me. Itis kind of a tradition, I         18                 MR. OLSEN: You need to describe

                                                              BY MR. BORGER:
                                                                                                                   I
19      guess, of the of the teams in that
                    �.                                   19
20      situation. I recall -- and then the other        20


        is that it was the first time 1 had met                                                                 I
21      thing I recall significant about this night      21   Q. And if you want to use a pen and mark on that I

                                                                                                                I,
22                                                       22      exhibit --

                                                                 s itti ng in that general vicinity,             I
23      Charlene DeWitt. I had never met B ill's wife    23   A. From the best I can recollect, we were

                                                                                                               ·1
24      before. And so other than that, there's          24
25      nothing specifically that stands out to me.      25      (indicating) .                                1
                                                                                                                   t
                                              Page 62                                                   Page 6 4   !
 1   Q.   Okay. Do you remember what you ate?             1   Q. Okay. And if you want to draw a line fi'om

                                                                just call that 11 A "
                                                                that circle 01' whatever mark you've made and
 3
 2   A.  No. No,                                          2
     Q.   Did you have desert?                            3
                                                                                                                   I
                                                                                                                   !
 4   A.  No, I don't remember. I don't know.              4   A    (Complies.)                                     !


                                                                                                                   I
 5              (Exhibit DX-42 marked                     5   Q. And then kind of hold it up so I can see it.
 6              for identification.)                      6   A. (Complies.)                                       !

 7   BY MR BORGER:
             .                                            7   Q. Okay. Pass that over just a moment.
 8   Q. Showing you what's been marked, sir, as           8   A. (Complies.)
 9      Exhibit 42, I'll represent to you that these      9   Q . (Reviews doc ument. ) (Hands document.) So --


                                                                                                                   1
                                                                                                                   I
10      are photographs retdeved fi'om Google Maps       10      s orr)' about that.

                                                              Q. If! can describe that, and tell me ifI'm
11      since this litigation started. \Vhy don't you    11   A. It's okay.


13
12      take a moment to look through those and tell     12
                                                                 describing it accurately . It appears that
                                                                 there's a group oftrees in what might be
        me if you recognize those photographs as         13
14      being of the establishment known as McP's.       14


                                                                 there in the center ofthe photograph?
15   A. Yes, they appear to be. Yes.                     15      either a sideways view or a C shape, c01'1'ect,

17      are helpful for YOll, can you recall whether     17   A Well, the tree -- as I look at it, the trees
16   Q. Okay. Using any of those photographs that        16

18      the locations that you were at in                18      seem to -- in -- in -- covel' all three of the

        the DeWitts, Mr. Gotchey and Mr. Seidler are
19      October 2006 during your trip to McP's with      19      four sides of the patio.
20                                                       20   Q. Right. And then the mark you have made is on
                                                                 the lower patt of that encirclement 01' the
                                                                 three-sided group of trees, correct?
21      apparent on any of these photographs?            21


                                                              A. Yeah. It would be -- it would be towards
22   A . Please -" what -- what is the question?         22
23   Q . I'm trying to get a more precise idea of        23
24      where you were at MeP's and whether you can      24      the -- the west and the south of the
25      locate the locations you've Just described       25       building.

                                                                                  16 ( Pages 61 to 64 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 18 of 84


                                                                                                                            I
                                                          1                       R E DACT E D
                                      p      Page   6S                                                         Page 67



 2                                                        2
 1   Q. Okay. So looking at the p hotograph, it's

 3
       towards the right-hand side of the lower set
       of trees in that three-sided configuration?        3

                                                          5
 4   A. Yes.
     Q. Okay. And is th at pretty much where yo u were
                                                          4

 6
 5

                                                          7
       throughout the evening?                            6


 8                                                        8
 7   A. That's where I was seated throughout the
       evening, correct.                                      Q. And Ms. Walker, while we were                while you
 9
                                                                                                         ��




                                                         10
                                                                were talking,    did a quick Internet search for
10
     Q. Did you get up and move around at any time?       9

11
                                                                                                                           1
     A. I can't remember.                                       Demolition Man, and it appears that that was


12
     Q. When you left do you remember going through      11      released i n 1993.
       the inside 01' leaving through the outside?                                                                         I
13
                                                         12   A . Yeah, that could well be.
                                                              Q . SO you would have been filming earlier in
14
     A. I cannot remember.                               13
                                                                                                                           I
15                                                       15                                                                I
     Q. When you left were you alone or in the                   1 993 or even 1992, right?                                I
       company of any of yoUl' compan ion s?
                                                         14

16
                                                              A . Yes.


                        R E DACTED                       17
     A. I can't remember.                                16   Q. Okay. And that's consistent with yom


18                                                       18
17                                                              recollection of this   --




                                                         19
                                                              A. Yes.
19
                                                         20
                                                                                                                           1

                                                                                                                           I
                                                              Q . - event?
20
                                                                 -




21                                                       21
                                                              A. Yes. Because first was '86, then '92 would

22                                                       22                      R E DACTE D

                                                                                                                           I
                                                                 seem correct. and then 2002.


23                                                       23
     Q . Yes, sir.

24                     R E DACTED
     A. Nineteen e ighty s ix .

                                                         25
                             -




25
                                                         24


                                                                                                                      68
               .         .                                                   -




                                                                                 R E DACTE D
                                             Page 6 6

 1                       R E DACTED                       1                                                                !
                                                                                                               Page


                                                                                                                           1
 2                                                        2
                                                                                                                           I
                                                                                                                           1
 j                                                        3
 4                                                        4
 5                                                        5

                                                          7
 6                                                        6


 8                                                        8
 7


 9
10
11
                                                          9
                                                         10
                                                         11
                                                                                                                           I1
12                                                       12
13                                                       13
                                                                                                                           I
                                                                                                                           ,




                                                         15
14                                                       14


16
15


                                                         17
                                                         16


18                                                       18
17


19                                                       19
20                                                       20
21
                                                                                                                           !




22                                                       22
                                                         21

23                                                       23
24                                                       24
25                                                       25              L                           -




                                                                                    17      ( Pa g e s 6 5 to 6 8 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 19 of 84


                                       ..     Page   69                                                    Page 71

 1                    R E DACTED                                                                                           I
 2
                                                             1   Q. Okay.

 3
                                                             2              (Exhibit DX-44 marked

 4
                                                             3              for identification.)

 5
                                                             4   BY MR. BORGER:

 6                                                           6
                                                             5   Q. I'm showing you what's been marked as

 7                                                           7
                                                                   Exhibit 44, sir. Do you see that that's an

 8                                                           8
                                                                   affidavit of Charlene DeWitt dated

 9                                                           9
                                                                   September 1 8, 20 12?

10                                                          10
                                                                 A. Yes.

11                                                          11     and paragraph 3, I will read to you a little
                                                                 Q. Okay. Calling your attention to paragraph 2

12
13                                                                                                                    I
                                                            12     bit of that. "I am married to Bill DeWitt,          l




14
                                                            13     and I was with him in October 2006 when we

15                                                          15
                                                            14     went to McP's Irish Pub in Coronado,

16                                                          16     Class 258. I arrived at McP's with my
                                                                   California following a ceremony for BUDtS

17                                                          17                                                        jl
18
19
                (Exhibit DX-43 marked                       18
                                                                   husband, Jesse Ventura and others before dark
                                                                   and we all sat out on the patio." Did I read       .
20   BY MR. BORGER:
                for identification.)                        19     that correctly?

21
                                                                                                                      I
                                                            20   A. Yes.

22
     Q. Governor Ventura, I'm showing you what's been       21   Q. Do you have any reason to disagree with

23     titled, "Affidavit of B ill De Witt. II Do you
       marked as Exhibit 43, a d o cument which is          22     anything that Ms. DeWitt said in that portion

24
                                                            23     of her affidavit?

25
       see that, sir?                                       24   A. No.
     A. Yes, I do.                                          25   Q. Does that refresh your recollection of the
                                              P a ge 7 0                                                   Page   72 )
 1                                                           1                                                        j
 2                                                           2
     Q . This is dated S eptember 1 8th, 20 12?                     timing of when you arrived at McP's?

 3                                                           3
     A. Yes.                                                     A. it  seems accurate.

 4      Do you recognize Mr. DeWitt's signature?
     Q. And YOll see there's a signature on the back.            Q.   Okay. That would suggest that the three of

 5                                                           5
                                                             4      you, at least, all arrived at the same time.

 6                                                           6
     A. No.                                                      A. (Indicating.)

 7                                                           7
     Q. And --                                                   Q. But you don't have any specific recollection

 8
     A. I recognize the name, but I can't tell you I
                                                             S
                                                                    of that PaJt?

 9                                                           9
        recognize it as being his signature.                     A. No.

10      Mr. DeWitt states, !tIn Octob er 2006 I             10
     Q. Do you see in paragraph 5 of that affidavit                          (Exhibit DX-45 marked

11                                                          11   BY MR. BORGER:
                                                                                                                      !l
                                                                             for identification .)

12                                                          12   Q. Showing you what's been marked as Exhibit 45,
        attended a ceremony for BUDtS Class 258 along

13                                                          13
        with Jim" -- and that would b e you, correct?

14                                                          14
     A. Yes.                                                        do you see that that is a document entitled,

15
     Q. -- "and others from om" 58 class.                           " Affida vi t of Dr. Michael Gotchey," dated




16                                                          16
        Afterwards, we went to McP's Irish Pub in           15      September 1 7th, 2012?

17                                                          17
        Coronado, California. We arrived there                   A. Yes.

18                                                          18
                                                                 Q. Okay. I'll c all your attention to
                                                                    paragraph 6. Fol l ow along with me as I read .
        before dark and we sat outside on the patio . "

19                                                          19      "In Octob er 2006 I attended the BTJD/S
        Did I read that COITectly?

20                                                          20
     A. Yes.

21                                                          21
     Q. Does that refresh your recollection in any                  Class 258 ceremony with Jessen -- that would

22                                                          22
        way as to the sequence of events in October                 be you, correct?

23   A. It seems accurate.                                  23
        of2006?                                                  A. That's correct.

24                                                          24
                                                                 Q. -- "and afterward we went to McP's as we have

25                                                      ·   25
     Q. Okay . You have no reason to d isp ute --                   several times before and since. We arrived
     A. No. What he says, no.                                       at McP's together in the late afternoon and

                                                                                    18    ( Pa g e s 6 9 to 7 2 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 20 of 84

                                                                                                          P a ge 7 5 ,

 1
                                                                                                                      I
                                       p        P a ge   73
       left together in the evening after dark. r              1
 2
                                                                     and we're going to play that 011 both sides,
                                                               2
 3                                                             3                                                   I
       was with Jesse the entire time we were at                     play a video -- or an audio, rather.

                                                               4                                                   j
       McP's.n Did I read that correctly?                                     (Following is a transcription of

 5                                                             5              MR. VENTURA: And McP's Bar is
                                                                                                                      11
 4   A. Yes, you did.                                                         an audio clip being played.)

 6                                                             6     owned by Doc McPartlin, who was my SEAL Cadre
     Q. Does that appeal' to be accurate?

 7                                                             7
     A. Yes.

 8                                                             8     He .- he instructed me in SEAL SBI, SEAL      1
     Q. Do you have any reason to disagree with                      instructor when l just came out oftl'aining.

 9                                                             9                                                   1
       anything he said in that paragraph of his

10                                                            10
       affidavit?                                                    Basic Indoctrination. And he owns that

11                                                            11     misbehave in the doc's establishment, I have
     A. No.                                                          establishment. And I would never ever

12                                                            12     too much respect for him. And if people
     Q. Does it refresh your recollection as to how

13   A. No. Theil' recollection is as good as mine, r         13
       and when you arrived at MeP's?

14                                                            14
                                                                     truly want to clear this up, call him, call

15                                                            15     the SEAL community had been knocked down and
       would think, or maybe even better, for that                   McP's. Because if a former governor within

16                                                            16     hit and assaulted, it would have traveled
       matter.

17                                                            17
     Q. It's eeliainly more detailed than you have

18                                                            18
       been able to provide today, correct?                          through the SEAL community like wildfire.

19                                                            19
     A. What's that?                                                         (Audio clip stopped.)

20                                                            20
     Q. It's celiainly more detailed in terms of                   BY MR. BORGER:

21                                                            21
       timing than you've provided today?                          Q. Govel'llor, did you heal' all that?

22                                                            22   Q. Is that your voice?
     A. Sure.                                                      A. Yes.

23                                                            23   A. It sounds like it.
     Q. Okay. And you trllst their accounts?

24                                                            24
     A. Yes.

25   A. Do you? I know I'm not supposed to do that.           25
     Q. Okay.                                                      Q. Do you recall when and where you made that
                                                                     statement

                                                                                                                 76
                                                                              _.




 1                                                             1
                                                P a ge 7 4                                                Page

     Q. Generally, as you well know, the typical                   A . No.

 3                                                            3           r will represent to you that this audio
 2     protocol is I ask the questions and you                 2   Q. th at was just played?
                                                                      �-




 4
       provide the answers.

 5   Q. And you're having some fun.                            5
     A. Oh, I know.                                            4      was obtained from a webcast made on

 6                                                             6      you believe you would have stated during
                                                                      January 26th, 2012. Is this something that

 7                                                             7
     A. It's not fun. In fact, it's quite

 8                                                             8
       disturbing.                                                    January of 2012?

 9                                                             9
     Q. Okay.                                                                 MR. OLSEN: Object to the form of

10                                                            10
     A. It's not fun at all, it's the worst thi ng                    the question. Is what something he would

11                                                            11              MR. BORGER: I'm sorry?
       that's ever happened to me.                                    have stated?

                                                              12
               MR. OLSEN: Just let him let •.




13                                                            13
12     him ask the questions.                                                 MR. OLSEN: I said object to the

14                                                            14
               THE WITNESS: I know. I know.                           form of the question. Is what something he

15                                                            15
     BY MR. BORGER:                                                   would have stated?

16                                                            16
     Q. When this paliicular controversy came up in                           MR. BORGER: Okay.

17                                                            17
       January of this year, you talked about                      BY MR. BORGER:

18                                                            18
       Greg McPaltlin and what he might know,                      Q. Is the recording that you've j ust listened

19                                                            19
       correct?                                                       to, consistent with what you would have said
     A. Pardon me?                                                    sometime in January of 20 12?

                                                              21   Q. Okay. Now I'm going to play another piece of
20   Q. You talked about Greg McPatilin and what he           20   A. I guess.
21     might know about what happened in October of

                                                              23
22     20067                                                  22      audio from that same webcast and I want you

24
23   A. No, I did not.                                                to tell me whether you recognize that as

       attent ion to the screen here in front of you,         25
     Q. Governor, I'm going to ask you to give your           24      Greg McPartlin's voice.
25                                                                             MR. BORGER: Play two.

                                                                                     19   ( Page s 7 3 to 7 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 21 of 84

                                                 Page 7 7                                                    Page 7 9 I

 1              (Followi ng is a transcription of              1
                                                               2
                                                                   A. Fifteen, 20 minutes.                                     I
                                                               3
                an aud io cl ip being played .)
                UNIDENTIFIED SPEAKER: He's a real
 2                                                                 Q. Wh at's his son's name?

 4                                                             4
 3                                                                 A. I don't reca ll .
       name dropper, isn't he.                                     Q. Did you call him or did he call you?
                                                                                             '

     BY MR. BORGER:                                            6
 5              (Audio clip s topped . )                       5   A. Neither.

 7
 6                                                                 Q. Was thi s an in-pers on discussion?

                                                               8
     Q. Do you recognize that as Greg McPaltlin's              7   A. Yes.

                                                               9
 8     voke?                                                       Q. When did you see him?

                                                              10
 9   A. No.                                                        A. It wou ld have b een May of two thou sand -- 01'

                                                              11
10   Q. Okay. Just because it's too short a segment?                 201 2? Huh?

     Q. Okay. Let's pl ay 3. Same question as you             12             MR OLSEN: You can't ask for
11   A. It didn't sound like him.                                            MS. VENTURA: You can't ask me.

                                                              13
12                                                                               .




                (Follotving is a t ranscription of            14             THE WITNESS : Yeah. It would have !
13     listen to this one.                                           dates. Whatever you remember.

                                                              15
14

               UNIDENTIFIED SPEAKER : Now, you've             16             MR BORGER: Okay.
                                                                                                                           II
15              an audio clip being played.)                         been May.

                                                              17
16                                                                               .




                                                              18
17     got to understand, these guys rehearsed for                 BY MR. B ORGER:

                                                              19   A. I was driving home from Mexico and I took a
18     this, this is what they're trained for, this                Q. What was the occasion?

                                                              20
19     is what they practice for every day. They

                                                              21
20     don't aim, t hei r shots are automatic. They                  detour to go to Coronado so we could

                                                              22
21     go -- you've got to be prou d -- proud of                     photograph the patio ofMcP's for this cou rt

                                                              23                                                           I
22     these guys, because they're putting their                     case. And I wanted to vi su al ly see it again

                                                              24
23
                                                                     memory again. It was on the way, because I
       lives on the line. Look what happened the                     so that - - you know, to help refresh my
                                                                                                                            I
                                                              25
24     last time we went inland in Somalia, they                                                                           1,

                                                                                                                           !
25     ended up dragging our American soldiers                       drive to Mexico every year, I do not fly. So
                                                                                                            Page

 1
                                                                                                                           I
                                                 P age   78                                                           80


 2
        through the dirt of Moga d ishu.                       1
                                                                     to Coronado b efore I came home, drove home to
                                                                     it's -- I came up via San Die go and just went
                                                                                                                           I
 3
                (Audio clip stopped.)                          2

 4
     BY MR. BORGER:                                            3     Minnesota.

 5
     Q. Do you recognize that a s Mr. McPartlin's              4   Q. How long did you spend at McP's?
        voice?                                                 5   A. Maybe an hour.

 7   Q. Would you recognize Mr. McPa rtlin's voice if          7
 6   A. No.                                                    6   Q. D id you ask to see Greg McPaltlin?

 8                                                             8                                                           I
                                                                   A. He wasn't there.

 9

                                                                                                                           II
        you heard it?                                              Q. Did you ask to see him?

10
     A. Mayb e not. Not like that.                             9   A. Yes,

11
     Q. Does he have a deeper voice, a higher voice           10   Q. Was anyone there who said that they had been

12
        or --                                                 11     at McP's on October 2006 when you were there?

13
     A. I'm n ot a voice exp elt.                             12   A. No.

14
     Q. Okay. When was the last time you heard                13   Q. Okay. What did his son tell you?

15                                                                   believe that I did that and didn't believe
        McPmtlin's voice?                                     14   A. He told us that he and his father didn't

16
     A. I don't remember.                                     15

        any encounter with Mr. McPattlin was?
     Q. Do you remember when the last time you had            16     the story, they found it -- that they had

18
17                                                            17     re ally no direct reports on it and they found

19
     A. No. I know I spoke to his son this summer.            18     it velY peculiar.

20
     Q. Wh at was his son's name?                             19   Q. Okay.

21
     A. I can't recall.                                       20               MR. BORGER: Let's p l ay foul'.

22
     Q . W as that early summer, late summer?                 21               (Following is a transcription of

23
     A. Early summer.                                         22               an audio clip being played.)

24
     Q. What did you talk about?                              23               UNIDENTIFIED SPEAKER: Let's cut

25
     A. This.                                                 24     to the BS right now, okay?
     Q. How long was that discussion?                         25               UNIDENTIFIED SPEAKER: Okay.

                                                                                      20    ( P a g e s 7 7 to 8 0 )
                             CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 22 of 84


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          j
                                                                                                                                                                          ,                               Page 8 1                                                                                                                                                                                                                                        Page                         83
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          i
                                                                                                                                                                                                                                                                      2
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          j
     1                                                    UNIDENTIFIED SPEAKER: I'm proud                                                                                                                                                                             1                                                     UNIDENTIFIED SPEAKER: -- we lost


     3
     2                         to talk to you about the Navy SEALs tak ing                                                                                                                                                                                                                    a dispropOitionate number of guys during

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1
                               out bin Laden, an d Pm very proud to talk to                                                                                                                                                                                           3                       Vietnam. I knew -- there was 36 fi'om my team

     5
     4                         you about what they did yesterday while                                                                                                                                                                                                4                       alone. There was only 1 10 of us on the team,

     6
                               taking o ut the pirates and stuff, but this is                                                                                                                                                                                         5                      probably 500 of us over the ten years of

                               happens in Vegas stays there, okay? This
                               stuff -- what happens at McP 's or what                                                                                                                                                                                                6                      Vietnam. So what he said, from what I heard,

     8
     7                                                                                                                                                                                                                                                                7                      it's hearsay, I would have turned around and

     9                                                                                                                                                                                                                                                                9
                              isn't something -- it -- what happened is                                                                                                                                                                                               8                      punched him too no matter who it was.
                              what I'll call a related incident, okay, it                                                                                                                                                                                                                            UNIDENTIFIED SPEAKER: I'm talking


                                                                                                                                                                                                                                                               11
10                            was at closing and it happ ened off my                                                                                                                                                                                           10                            to Greg McPaltlin, former Navy SEAL medic,

12                            next day I heard that Jesse got knocked d own,
11                             propeliy. And from what I understand, the                                                                                                                                                                                                                     owner of McP's Irish Pub i n Coronado Island.
                                                                                                                                                                                                                                                                                             Greg, I'm a lawyer, and you know lawyers l i ke
13
                                                                                                                                                                                                                                                              12

14
                              okay? I didn't hear that he got knocked out                                                                                                                                                                                     13                             to summarize things, so here's what I'm

15
                              or anything like that. But so what . It                                                                                                                                                                                         14                             thinking that you're telling me. You'l'e
                              happ ens every night. They go from my bar to                                                                                                                                                                                    15                             telling me you weren't there, that it didn't     !
                                                                                                                                                                                                                                                                                                                                              !
16                            a bar called D anny'S, it's where you can                                                                                                                                                                                       16                             happen on your pl'emises, that you heard from   1
                                                                                                                                                                                                                                                                                                                                             !
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      i
17                            raise m ayhem . I close my patio at midnight,                                                                                                                                                                                   17                             others that i t did i n fact happen, but you're
                                                                                                                                                                                                                                                                                             not going to elaborate on it because you
                              they're too drunk t o d rink at my
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      I
18                            th ey don't close until like 1 :30. When                                                                                                                                                                                        18
19                                                                                                                                                                                                                                                            19                             don't really get into that kind of stuff,
20                            establishment, we kick them Ollt, they go d own                                                                                                                                                                                 20                             fair enough?
                                                                                                                                                                                                                                                                                                                                             1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1
21                            there and kick ass and take names. That's                                                                                                                                                                                       21                                     UNIDENTIFIED SPEAKER: You're good


23
22                            where they were on their way to. Yes, I                                                                                                                                                                                         22                             at summaries. Remind me next time I
                                                                                                                                                                                                                                                                                                                                             II
                                                                                                                                                                                                                                                                                                                                             I
                              heard it did happen, which but why would                                                                                .�                                                                                                      23                             (inaudible) to give you a call, Lany.

                                                                                                                                                                                                                                                                                                                                             I
24                            he s ay that? It's not in his book. Why is                                                                                                                                                                                      24                                     UNIDENTIFIED SPEAKER: You got it.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     j
25                            he doing that, to sell books? I punche d ou t                                                                                                                                                                                   25                             Greg McPal1lin, former Navy SEAL, owner of
                                                                                                                                                                                                                                      82                                                                                                                                                                                                                                             84 I
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        1
                                                                                                                                                                                                         Page                                                                                                                                                                                                                                           Page

   1                          a lot of notol'ious people, but I've never                                                                                                                                                                                              1                      McP's Irish Pub, Coronado Island. Greg,                                                                                                                                                    i


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      I
   2                          mentioned it.                                                                                                                                                                                                                           2                      thanks very much, appreciate it.

    4                                                                                                                                                                                                                                                                                                                                      I
   3                                   UNIDENTIFIED SPEAKER: Actua l ly ,                                                                                                                                                                                             3                              UNIDENTIFIED SPEAKER: (Inaudible)


    5

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     I
                              he d idn't mention his name. For whatever                                                                                                                                                                                               4                      what you wanted.
                              reason O'Reilly said that everybody knows who                                                                                                                                                                                           5                              UNIDENTIFIED SPEAKER: You got it.
     6                        it is, and then he didn't deny that it was                                                                                                                                                                                              6                      Appreciate it, Greg.

    S                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                1
    7                         Ventura.                                                                                                                                                                                                                                7                          Sounds like a confirmation to me.

    9                                                                                                                                                                                                                                                                 9
                                       UNIDENTIFIED SPEAKER: You're                                                                                                                                                                                                   8                      Celtainiy, what Ventura said is McP would
                              wrong. The media's got to -- the way it came                                                                                                                                                                                                                                                                 I
                                                                                                                                                                                                                                                                                                                                           I
                                                                                                                                                                                                                                                                                             know given that it would go like wildfire

11
10                            up, it was during a Q and A --                                                                                                                                                                                                  10                             tlu'ough the Navy SEAL community, isn't that
                                                        UNIDENTIFlED SPEAKER: Vh-huh.                                                                                                                                                                         11                             what he said?
12                                                      UNIDENTIFlED SPEAKER:                                                                                                                    -- and they                                                  12                                     MR. VENTURA: McP's Bar is owned


                                                                                                                                                                                                                                                                                             instructor when 1 just came out of training.
13                            were asking Stickle (phonetic) this, that,                                                                                                                                                                                      13                             by Doc McPmtlin, who was my SEAL Cadre
                                                                                                                                                                                                                                                                                                                                           l
                              the other thing. He said, yeah, oh, yeah, by
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     I
                                                                                                                                                                                                                                                                                                                                           I


                              the way, I ptmched out Jesse Ventura because
14                                                                                                                                                                                                                                                            14                                                                           r



                              he said something bad. It was actually Mikey
15                                                                                                                                                                                                                                                            15                             He -- he instructed me i n SEAL SBl, Seal

                                                                                                                                                                                                                                                                                             establishment, and I would never ever
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     I
16                                                                                                                                                                                                                                                            16                             Basic Indoctrination. And he owns that

18                            time of a graduation, Class 258, I believe.                                                                                                                                                                                                                    misbehave i n the doc's establishment, I have
17                            Monsoor's funeral, but it was also during the                                                                                                                                                                                   17
                                                                                                                                                                                                                                                                                                                                           I

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     !
                                                                                                                                                                                                                                                              18
19                            And they were having a wake. Unf011unately,                                                                                                                                                                                     19                             too much respect for him. And if people
                              they've had too many of them i n the l ast


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     I
20                                                                                                                                                                                                                                                            20                             truly want to clear this up, call him, call

                                                                                                                                                                                                                                                              22
21                            couple of years. And the comment was made,                                                                                                                                                                                      21                             McP's. Because if a former governor within
22                            from what I understand is, it's about time                                                                                                                                                                                                                     the SEAL community had been knocked down and
23                            you guys lose a couple ofyoul's l ike we did                                                                                                                                                                                    23                             hit and assaulted, it would have traveled     I
                                                                                                                                                                                                                                                                                                                                           I


                                                                                                                                                                                                                                                                                                                                           !
                                                                                                                                                                                                                                                                                                                                           I
24                            duri ng Vietnam --                                                                                                                                                                                                              24                             tlu'ough the SEAL community like wildfire.    !

25                                    UNIDENTIFIED SPEAKER: R ight.                                                                                                                                                                                           25                                     (Audio clip stopped.)                 I
                                                                                                                                                                                                                                                                                                                                           I
              . v .· ::; ;-   � !:'.       �           ;; ,: ,; ;:;
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                                                                                          \           .... . ,'-.              .
                                                                                                                    :"'",;",,:..,",--,�..,.�.,:,;-;   ::.,-                          ..
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                                                                                                                                                                                                                                                                                                                                                                                  ,�.., ..:..�'�.:.: :�::." ::.�" :   'C·';�:·.�.".::. ....:.:.....;....�.;. ... .,,:.:.::':.. ;. ..�"::';-'. " .':;'.1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                             . '-:'




                                                                                                                                                                                                                                                                                                                                                                    2 1 ( Pages 8 1 to 8 4 )
       CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 23 of 84


                                                                                                                    I
                                             Page 8 5                                                  P a ge 8 7



     Q. Did you hear all that, Governor Ventura?
 1   BY MR. BORGER:                                       1   A. And the qu estion is -- you'l'e asking me to go
 2                                                        2     into McPat1lin's head. I can't answer that.

     Q. Did you recogni ze Greg McPaltlin's voice
 3   A. Yes.                                              3   Q. Do you believe him when he says that?
 4                                                        4   A. Do I believe him?
                                                              Q. Yes. sir:
     A. It sounded like him a little bit. It's hard
 5      during that?                                      5
                                                              A. When he says that? l �-
                                                                         MR. OLSEN: O bj ect -- object to
 6                                                        6
 7      to distinguish completely but
                                   -­                     7
 8   Q. Okay. And obviously --                            8     the form of the question, calls for
 9   A. -- it might have been.                            9     speculation.
10   Q. -- the host of the show there?                   10              THE WITNESS: I can't say one way
11   A. I don't know who he --                           11     01' the other. If -- I don't know in what


        recognize?
12   Q. The other voice was someone you don't            12     context this interview was. I don't know ""

                                                                c ap able of doing.
13                                                       13     you're asking me to do something I'm not
14   A. Right.                                           14

                                                              BY MR. BORGER:
15   Q. And then your voice at the end?                  15              MR. BORGER: Okay.

     Q. Did you heal' Greg McPmtlin say during that
16   A. Right.                                           16

                                                              A. P ard o n me?
17                                                       17   Q. Have you ever met Chris Kyle?
18      excerpt that he had heard that you got           18
19      knocked down?                                    19   Q. Have you ever met Chris Kyle -­
20   A . Yes. he said it was hearsay. I heard him say    20   A. Yes.

        probably the same people that created this       22
21      it was hearsay, that he heard about it from      21   Q. - - the defendant?

        l ie .                                           23     lawsuit, correct?
22                                                                  You met him in con n ection with this
23
24   Q. Okay. Do you believe Greg McPartlin when he      24   A. Yes.
25      said that h e heard about it?                    25   Q. Okay. After the lawsuit had been filed?
                                             Page 8 6                                                  Page   88

     A . Yes .
 1                                                        1   A. The first time I saw or even -- it was June
                                                                                                                    I
                                                          3     to my recollection, I have ever seen him in         I
 2   Q. Okay. Did you hear Greg McPalilin say that        2     of this year, June of 2012 is the first time,
 3      he heard the next d ay that you had gotten
 4      knocked down?                                     4     my life.

     Q. Okay. Do YOll b elieve Greg McPartlin ·when he
 5   A. Yes.                                              5   Q. Okay.

7
 6                                                        6              MR. BORGER: Let's take about a

                                                                                                                    I
        said that he heard the next day that you had      7     ten-minute break.

     A. I can only believe what I heard .
 8      gotten knocked down?                              8             THE VIDEOGRAPHER: We're going off
 9                                                        9     the record at 1 1 : 1 6 a,m.                  I
10   Q. Okay.                                            10              (Whereupon, a brief recess

     Q. Have you heard this statement by
11   A. That's what the tape said.                       11             ,vas taken.)

                                                                the record. This is the conti nuing
12                                                       12             THE VIDEOGRAPHER: We are back on
13      Greg McPatilin before --                         13
14   A. No.                                              14     videotaped deposition of Governor Jesse
15   Q. -- just now?                                     15     Ventura being taken on November 12th, 2012.
16         Let me ask you again, were you knocked        16     The time now is 1 1 :27 a.m.
17      down in Octob er 2006?                           17   BY MR. BORGER:

     Q. Do you b elieve that in October 2006
18   A. No.                                              18   Q. Governor Ventura, welcome back.
19                                                       19         Are you aware that over the course of

                                                                provided sworn declarations and deposition
20      Greg McPatilin had heard that you had been       20     this lawsuit various other individuals have
21      knocked down?                                    21

                                                                O ctober 2006 that differ from what you've
22              MR. OLSEN: Objection; asked and          22     testimony about events that occ urre d in

     BY MR. BORGER:
23      answered.                                        23
24                                                       24     testified to this morning?
25   Q. You can still answer.                            25   A. Am I aware of that?

                                                                                 22    ( Pa g e s 8 5 t o 8 8 )
          CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 24 of 84

                                                                                                                               P a ge 9 1 1

     1
                                                            Page 8 9
                                                                                                                                          I
                                                   .,

         Q. Yes, sir.                                                     1       in the book your words?
                                                                                                                                           I
                                                                                                                                           I
     2   A.    No.                                                        2    A. I don't know.

     4                                                                    4                                                                1!
     3   Q. Have you read any of the witness declarations                 3    Q. Are the statements made in this book and

     5                                                                    5                                                                I
              submitted by defendant Chris Kyle?                                 attributed to you true?

     6                                                                    6

                                                                                                                                            Ii
         A. Declarations under oath?                                           A. It depends on the statement you ask me about.

     7
         Q. Yes, sir.                                                            Give me one in patticular.

     8                                                                    8
                                                                                                                                           .
         A. No.                                                           7    Q. Well, I guess j ust in general, when you wrote

     9                                                                    9
                                                                                                                                           I


                                                                                                                                           1I·
         Q. Have you reviewed any of the transcripts of                          the book were you trying to be truthful?


    10                                                                         Q . Okay. Did YOll make any statements that you
           depositions of witnesses that have been taken                       A. Yes .
              so fat' in this case?                                     10
    11   A. No.                                                         11       knew were false?


                                                                               Q. Okay. Did YOll -- you weren't intending to
    12   Q . To the extent that those sworn declarations                12     A. I can't recollect.

    14                                                                  14
    13     and deposition testimony indicate that you                   13

    15                                                                  15
              were knocked down by Chris Kyle in October of                      make any statements that were false; is that

    16                                                                  16
           2006, are those witnesses telling the truth?                          correct?

    17                                                                  17
         A. No.                                                                A. No, I was not intending to. It was not a

    18                    :MR. OLSEN; Object to the form of             18
         Q . Are they lying or just mistaken?                                    work of fiction.

    19                                                                  19
                                                                               Q. Okay. To the best of your ability to recount

    20
              the question, calls for speculation.                               them, did the events you describe in the book


                                                                        21                                                                 I
                          THE WITNESS; I haven't read them,             20       actually happen?


                                                                                                                                         I
    21     so I can't give an opinion on it.                                   A. You'd have to be specific. Give me a

    23
    22   BY MR. BORGER:                                                 22       specific event.
         Q . Have you reviewed any documents in                         23     Q. 1'11 get to that ill a moment.                           '

                                                                                                                                       -;11
    24        P l.eparmion Dor this dep osi tion tod�'?                 24                                          '
                                                                                     And wh i le we'l.e getting Exh l bit 47
 25  A. Not particularly.
                                                  __    ____
                                                            ____         25   __
                                                                                 marked, I have one more question on
                                                                                ___



�________________________
I                                                  ___                 r-___        ______________�_____________


     1                                                                    1
                                                            Page 9 0                                                           Page   92



     2
         Q . Okay. I'm going to change the subject a                             Exhibit 46, your book, I Ain't Got Time to

     3                                                                   3
              little bit and ask you about some of your                  2       Bleed. To the extent that opinions are

     4                     (Exhibit DX-46 marked                         4
              books.                                                             expressed in this book and attributed to you,

     5                                                                   5
                                                                                 are they ones that you sincerely held?

     6   BY MR. BORGER;
                           for identification.)                                A. What's that?

     7                                                                   7
                                                                          6    Q. To the extent that opinions rather than facts

     8                                                                   8
         Q . I'm showing you what's been marked as                               are set f011h in this book and ascl'ibed to

     9                                                                   9
            Exhibit 46. Do you recognize that as the                             you, are they opinions that you would

    10                                                                  10                MR . OLSEN:
              cover of one of your earlier books, I Ain't                        sincerely hold?

    11                                                                  11
              Got Time to Bleed?                                                                            Object to the form of

    12                                                                                    THE WITNESS; I don't know.
         A. Yes.                                                                 the question.

    13                                                                  13
         Q . Copyright 1 999?                                           12


    14                                                                  14
         A . Yes.                                                                Unless you give me one, I can't answer that.

    15                                                                  15
         Q . Did you write this book?                                                   (Exhibit DX-47 marked

    16                                                                            MR. B ORGER:
         A. Yes.                                                                          for identification.)

    17                                                                  17
         Q . Did you have a coauthor?                                   16     BY

    18                                                                  18
         A. I had a lady that tape recorded everything I                       Q. Exhibit 47 is the title page 01' cover to youI'

    19                                                                  19
              said and did all the transferring of that                          book, Do I Stand Alone?, correct?


    20                                                                  20
              into a book, but she                                             A. Yes.

    21                                                                  21
              is   MM   she was not listed as a coauthor.                      Q. Copyright 2000 and 200 1 ? On the back page.

    22                                                                  22
         Q . Okay. When she typed up or transcribed your                       A. Yes.

    23                                                                  23
              tapes for the book, did she kind of put them                     Q. Originally published in hard cover in 2000,

    24                                                                  24
              into a -. more of a manuscript form?                               right?

    25                                                                  25
         A . Yes.                                                              A. That's what it says.
         Q. Okay. Were they -- were all the words used                         Q. Okay. Now, this indicates Jesse Ventura with

                                                                                                       23   ( P ages 8 9 t o 9 2 )
           CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 25 of 84


                                                                                                                                                                                                          I
                                                                                    Page 9 3                                                                                              Page 9 5

 1                                                                                                                        1                                                                               I
 2                                                                                                                        2                                                                               j
            Julie Mooney. Was she a ful l coauthor or                                                                                   A. No, I just wrote the book.

 3                                                                                                                        3
            just a person who typed up a tape?                                                                                          Q. To the extent that the book makes factual

 4                                                                                                                        4                  'vas it your intent that those factual
                                                                                                                                                                                                          I'
         A. She did the same job with this book as she                                                                                       statements that you are shown as describing,

 5                                                                                                                        5
           did with the first one.

 6                                                                                                                        6                                                                               I
                                                                                                                                                                                                           !
         Q. Okay.                                                                                                                         statements be truthful?

 7                                                                                                                        7
        A . I just felt that she worked so hard on them                                                                                 A. Again, unless you tell me the statement, I

 8                                                                                                                        8
                                                                                                                                                                                                          Ii
           that she deserved some recognition.                                                                                            can't answer the question.

 9                                                                                                                        9
         Q. And to the extent that there are factual                                                                                    Q. Can you recall making any statements in any

10                                                                                                                       10
           statements made in this book and are                                                                                           of your books that you intended to be false?                    I




11                                                                                                                       11
           attributed to you, was it your intent to                                                                                     A. No.

12                                                                                                                       12
           state them truthfully?                                                                                                       Q. Was it your intent, in writing yoUI' books,

13                                                                                                                       13                  that are stated as happening to you, did in
         A. Yes.                                                                                                                             that the events you describe in the books

14                                                                                                                       14
         Q. To the extent that there are opinions

15                                                                                                                       15
            expressed in this book and attributed to you,                                                                                 fact actually happen to you?

16                                                                                                                       16
            was it your intent that those opinions be one                                                                               A. I don't know.

17                                                                                                                       17
            that you -- ones that you sincerely held?                                                                                   Q. Was that your intent?

18                                                                                                                       18
                    MR. OLSEN: Object to the form of                                                                                    A. I don't know.

19                                                                                                                       19
            the question.                                                                                                               Q. To the extent that opinions are expressed in

20                                                                                                                       20
                   THE WITNES S : Unless you can g ive                                                                                    Don't Start the Revolution Without Me! , are

21                                                                                                                       21
            me a specific opinion, I can't answer that                                                                                    those opinions that you sincerely held?

22                                                                                                                       22
            question.                                                                                                                             MR. OLSEN: Obj ect to the form of

23                                                                                                                       23
                        (Exhibit DX-48 marked                                                                                                the question.

24                                                                                                                       24
                        for identification.)                                                                                                         THE WITNESS: Until you give me

25                                                                                                                       25
        BY MR BORGER:
                    .                                                                                                                        the opinion, I can't answer the question.
        Q . I'm showing you what's been marked as                                                                                       BY MR BORGER:
                                                                                                                                                    .




                                                                                   Page                                                                                                              96

  1
                                                                                                         94                                                                              P a ge



  2                                                                                                                           2
            Exhibit 48. Do you recognize that as a cover                                                                      1         Q. If I were to go forth with a number of other

                                                                                                                              3                                                                           !
            page or a title page from Don't Start the                                                                                     books that you've written, would yom answers

  4                                                                                                                           4
  3         Revolution Without Mel?                                                                                                       be consistent with what you've just told me? ,

  5                                                                                                                           5
                                                                                                                                                                                                          I
        A. Yes.                                                                                                                         A. I believe so. Well, then again, not

  6                                                                                                                           6
        Q. Is that a book you wrote with Dick Russell?                                                                                       necessarily, because my late  my latest
                                                                                                                                                                              h�



        A. Yes.                                                                                                                              books have been more factual rather than

 8                                                                                                                            8
  7     Q. Copyright 2008?                                                                                                    7              opinionated, they've been based on other           hh




 9                                                                                                                            9
        A. Yes.                                                                                                                              on -- on -- my last two books were very much

10                                                                                                                           10
        Q. Did Dick Russell perform essentially the same                                                                                  more based on evidence and facts that we've

11                                                                                                                           11
            dtlties that Julie Mooney had or did his                                                                                      found and written about and they really


12      A. 1 think Dick's efforts went beyond that.                                                                          12         Q. Okay. 1 --
            efforts go beyond those?                                                                                                      didn't have my opinion at all in them.

13                                                                                                                           13
14      A. Yes.                                                                                                              14
        Q . Did he actually wdte some of the text?                                                                                      A . In pOltions o f them.

                                                                                                                             15
                                                                                                                                        Q. In broad terms, the content of your books
                                                                                                                                                                                                          !
                                                                                                                             16                                                                           I[
15      Q. To the extent that Dick Russell wrote part of                                                                                  would take perhaps, again in broad term s,

17                                                                                                                           17                                                                           !
16         the text, did you approve of the parts that                                                                                       three sorts of categories, there would be

18                                                                                                                           18
                                                                                                                                             things that you are describing that other
                                                                                                                                                                                                          I
          he wrote?

19                                                                                                                           19
        A. The book was printed.                                                                                                             people have said or found and you're

20                                                                                                                           20
        Q. And does the printing and publishing of that                                                                                    presenting them as, here's what somebody else j

                                                                                                                             21                                                                           !
                                                                                                                                                                                         J

21
          book with you as the author indicate that you                                                                                    has said 01' found, correct?

22                                                                                                                           22

                                                                                                                                                                                                          I
          were approving what's written in the book?                                                                                    A . Correct.

23
        A. I don't know if that's what it indicates or                                                                                  Q. There would be events that are described as

24                                                                                                                           24
            not.                                                                                                             23            having happened to you and you're describing I!
        Q. Was that -. was that your intent when you                                                                                           them in first person and a reader would

:o�"'�" �'C"��,�,�L:�:� :�:;�,?,��:'�, c,;, .co
                                              .. "   ""   ,,,,;,". " " "   o   "        ''' '
                                                                                   " . ' ' ' o ' ' ' . � ; ''   ... •    :,:
                                                                                                                        ,,        •.   ,"    ���:l·,����,��
                                                                                                                                            ,.
                                                                                                                                                            llat those are
                                                                                                                                                                           ���,��s :�!: �,��,
                                                                                                                                                                           .       .       ,. ",1
                                                                                                                                                                                       . " " , ,,
                                                                                                                                                                24     ( Pa g e s 9 3 to 9 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 26 of 84


                                                                                                                    I
                                      p      Page    97                                               Page     99
 1                                                         1
        actually happened to YOll, correct?
                                                                                                                    I
        were describing factually as something that                      MR. VENTURA: The first thing I'd
                                                                                                                I
 2                                                         2   like to say is I'm dedicating this press
 3   A. C01'1'ect.                                         3   conference to my deceased father who had six
 4   Q. And that was your intent, that the reader          4   Bronze B attle Stars in World War II.
 5      have that understanding that what you're           5        Now having said that, I called this press  1!
                                                                                                                I
 6      saying happened to you d id happen to you?         6   conference today because of the verdict that

                                                                                                                    I
 7   A. Yes.                                               7   the courts of the United States ruled against

                                                                                                                I
 8   Q. Okay. And a third category of content from         8   me that I, as a citizen and a former governor
 9      your various books wuuld be opinions that you      9   and a veteran, am not allowed to go to cOUlt
10      were expressing about the state of world          10   over m y B ill o f Rights or the Constitution.
11      affairs, national affairs, whatever --            11   They said they don't have jurisdiction.
12   A. They could -- they could be my opinion or         12   Well, my question is if the federal courts
13      they could be others' opinions.                   13   don't have j urisdiction ove1' a constitutional
14                                                        14
                                                                                                               I
     Q. And to the extent that you are not                     question, then who the hell does? Who the
15                                                        15
                                                                    1 believe that they're cowards. I
        attributing the opinions to other people, a            hell does then?

                                                                                                                    I
16      reader would understand that those are            16


                                                                                                                    I
17      opinions of yoUl'self?                            17   believe they've got a yellow streak. They're
18                                                        18
                 MR OLSEN: Object to the form of
     A . That would be up to the reader --                     avoiding lawsuits over our constitutional
19                                                        19   rights, because they know if I go to court      I



                                                                                                                    I
                                                                                                               I
                      .



20      the question.                                     20   and I'm given a jury, I wiU win, and that
21               THE WITNESS: -- to make that             21   will open up Pandora's Box, won't it? So
22
     BY MR BORGER:
        determination.                                    22   it's simpler for the government to simply
23                                                        23   deny us OUl' constitutional rights and deny us
24   Q. Would it have --                                  24   our day· in cOUlt;


                                                                                                                    j
25               THE WITNESS : I can't make that          25        I w11l tell you this, I have lost my

                                            Page     98                                             Page 1 0 0
                                                                                                                    1
                                                                                                                    I
 1     determination for a reader.                         1   patriotism. Jtfs gone, and I say that with a
 2                                                         2
                                                                                                                    I
     BY MR BORGER:                                             deep heatt, because 1 never thought that
 3   Q. Would it have been your intent when you were       3   Jesse Ventura would say that, that he has no
 4     stating the opinions of others to                   4   more patriotism left, because they've
                                                           5
                                                               a day in COUlt with a jury to determine if my
 5     consistently attribute those opinions to the            stripped me of it by not allowing me to have
 6     other people?                                       6
 7   A. I don't know.                                      7   fomth amendment rights are being violated.
 8                                                         8
                                                               COUlt on it 01' get a decision on it, I will
     Q. If an opinion is stated in one of your books                In light of the fact that I can't go to
 9     and not attdbtlted to someone else, was it          9
10     your intent that it wotlld be understood that      10   never fly commercially again. I haven't
11                                                        11
                MR. OLSEN: Object to the form of
       that ).vas your opinion?                                flown commercially in almost a year because

13
12                                                        12   of the trial.
                                                          13
                                                               then, I guess I j ust simply can't fly
       the question.                                                Since I'm not allowed in comt, well,
14              THE WITNESS: I - - I don't                14
15
                MR BORGER: Okay. All right.
       understand.                                        15   anymore, because I will not, i n what i s a
16
     BY MR. BORGER:
                  .                                       16   fi.'ee country, be treated like a criminal.
17                                                        17   And i n oUt' airports today, we citizens are
18   Q. We'll get into -- into some of those a little     18   treated like criminals. We're guilty until
19     later on. I'm going to play some audio now         19   we prove we're innocent. That goes against

     A. (Nods head.)
20     and ask whether this is you speaking, okay?        20   our entire legal concept of thls country and

                MR. BORGER: Go ahead with 70
21                                                        21   the people of this country seem willing to
                                                          22
                                                                    I think it's pathetic and I will do what
22                                              ••             accept it.
23                                                        23
                                                               I can do to continue to fight it. But 1 will
       with 5, yes.
24              (Following is a transcription of          24
25              an audio clip being played.)              25   never fly again commercially, and I urge

                                                                              25   ( Pa g e s 9 7 t o 1 0 0 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 27 of 84

                                               ,   Page 1 0 1                                               Page 1 0 3

 1   other people -- and it's not ending there,                  1   people now are. Waiting to go through the
 2   people. I now drive across the country.                     2    lines. 1f T were a terrorist and was
 3   I've come into multiple occasions where our                 3    inclined to be a suicide bomber, I would           ,
                                                                                                                         J
                                                                                                                         I
 4   border patrol is no longer at OUl' border,                  4   simply go out and get in line and wait until
 5   they're out in the middle of our cOlmtl'Y in                5   I got right up there, you can have 300 people
 6   deseris pulling people over, doing searches                 6   all conglomerated around you. How come the
 7   and again violating OUl' Constitution and our               7   workers at the airport are not subjected to
 8   Bill of Rights.                                             8   the same type of thing? It's a fraud and
 9        But it seems our government doesn't cat'e              9   they're cowards. I'm on record of saying our
10   anymore, so it tells me the Constitution and               10   judicial system in this country today is a
11   the Bill of R ights don't exist anymore in O ttl'          11   bunch of cowards. They won't let me go to
12   countty.                                                   12   cOUli, they won't let me have my day in front
13        Anyway, that's about all I have to say,               13   of a jury. Is that the American way? Well,
14   I'll open up for whatever questions you have.              14   my only way of fighting back, and I'll tell
15            UNIDENTIFIED SPEAKER:                             15   you this right now, I will never stand for a
16   (Inaudible.)                                               16   national anthem again, I will turn my back
17            MR. VENTURA: What f01'7 I want a                  17   and I will raise a fist, the same way Tommie
18   trial by jUlY. They they tell me I can't
                         M�                                     18   Smith and John Cados did back in the '68
19   have a jUly decide my fate. They want three                19   Olympics, Jesse Ventura will do that today.
20   govenunent-paid judges to decide it. Well,                 20   This i s a sad day for America, people.
21   it'll never see the light of day then.                     21       Next question.
22        And they claim it's because of security               22            UNIDENTIFffiD SPEAKER:

                                                                              MR. VENTURA: Anyway I can, Pat.
23   reasons. We can't even know what the rules                 23   (Inaudible.)
24   are at the TSA. How do we know if we're                    24
25   being abused if we -. if they won't even tell              25   I can't fly, you know, because, again, I will

                                                   Page   102                                               Page 1 0 4

 1   us what the rules are?                                      1   not subject myself to being treated like a

                                                                     the airpolt, I have titanium metal in my
 2          UNIDENTIFIED SPEAKER:                                2   criminal ever again. And every time I go to
                                                                 3
            :MR. VENTURA: I don't know, I
 3   (Inaudible.)
 4                                                               4   body, there is no way -- I could go through
 5   haven't conferred with my attorney whether                  5   the metal detector naked, it's going to go
 6   I'll go forward anymore. But why should I?                  6   off.
 7   I can't get a trial. I can't get an open                    7      And I'm contending that the fomth
 8   trial with my peers, and that's a jury. How                 8   amendment, reasonable search and seizure, how
 9   do you go to the COtJIt of appeals frrst?                   9   can they state Jesse Ventura is a threat?
10   Don't you have to have a trial before yon                  10   I've been flying 3 0 years, I'm a n honorably
11   appeal? Isn't that what the system is                      11   discharged Navy veteran, I've been a mayor

                                                                     subjected to this, as 1 understand it. The
12   supposed to be, that you have a trial first?               12   and a governor. Yet John Boehner i s not
13   They won't allow me to have a trial.                       13
14        Pat?                                                  14   speaker of the house doesn't have to face

                                                                         Well, I got news for YOll, I did six years
15          UNIDENTIFIED SPEAKER:                               15   this.
16   (Inaudible.)                                               16
17           MR. VENTURA: Ha. Who have they                     17   in the Underwater Demolition SEAL Team, John
18   caught? Who has been caught? Anybody -. you                18   Boehner couldn't even make it through boot
19   people would know. If they caught someone,                 19   camp. He lasted seven weeks. He's more

                                                                     stripped me of it. How can I have
20   wOliidn't they brag about it? That's all                   20   patriotic than me? I've lost it. They've
21   you'd heal' about. This is the lockdown of                 21


                                                                         I'm embanassed today a s a United States
22   America going on. This is not - - i n fact, if             22   patriotism, Pat?
23   you look at what they're doing, they're                    23
24   setting us up for another one. Where's the                 24   citizen, I'm embarrassed as a veteran. And
25   only place at the airpOlt where massive                    25   it seems that attacking veterans seems to be
                          '''.,,,,,.,.,'., '                                                    .......


                                                                                  26    ( Pages 1 0 1 t o 1 0 4 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 28 of 84

                                       ,.    Page 1 0 5                                                 P a ge 1 0 7

 1    what om government likes to do now. They're          1           UNIDENTIFIED SPEAKER: Are you

                                                           3
 2    attacking veterans who are exercising their          2   thinking about running for president of the
 3
                                                                         MR . VENTURA: I'm thinking about
      constitutional l'ights, the right to assemble,           United States, Governor?
 4    the right to protest, the right to have your         4
 5    day in cOlllt, and yet our gove111ment is            5   it, that's all, though. I'm thinking about
 6   stepping all over us veterans, aren't they?           6   it.
                                                                                                                              I
                                                                                                                              I
 7
                                                               COl11t, Pat? Do you think if ! was president
     They don't give a damn. They're through               7      Do you think then I could have my day in

                                                           9                                                               I
 8   using u s now, what would they cal'e for?             8

                                                                                                                           I
 9       Next question. I'm on a role people.                  I could go into that courtroom and have a                   I




                                                                                                                           I
10   Don't lose me while I'm on a role. I haven't         10   trial in front of a j ury? Maybe they'd even


                                                                                                                          I
11   talked to you for a long time. And I'm not           11   deny that.
12                                                        12
     first amendment still exist? Can I say
     the governor, so I can say any -- does the                    They don't have jurisdiction? Well, who
                                                                                                                           ,


                                                                                                                          I
13                                                        13   the hell does then? If the federal court                    I

14    anything I want?                                    14   doesn't have jurisdiction, who the hell does?



                                                                                                                          I
15       I'll betcha -- I'll betcha if i t was a          15   And I will refer to this country now as the
16    corporation fighting for their rights, they         16   fascist states of America. We are no longer
17    would have their day in court. I'll bet a           17   in my opinion the United States of America,
18                                                        18
      individual can't have his day in cOllli,
      corporation would, but Jesse Ventura as an               we're the fascist states of America.

                                                          20
19                                                        19       What is the simple definition offascism?
20    according to our j udges and government.                 It's when corporations and religion take over
21            UNIDENTIFIED SPEAKER:                       21   the government. I think we're there, people.
22    (Inaudible.)                                        22          UNIDENTIFIED SPEAKER:
                                                                                                                          i

                                                                                                                          I
23            MR. VENTURA: I've never -- I've             23   (Inaudible.)
24    never flown to Mexico to begin with. I've           24          MR. VENTURA: They both bother me


                                                                                                                          I
25    driven it every time, so there's no change          25   equally. Because at airports you're guilty

                                             Page 1 0 6                                                 P age 1 0 8

 1   there. I will continue to go to Mexico.               1   until you prove youIre innocent. That mns                  I!
 2   Although, I will tell you this, the First             2   right in the face of our law. Here in this
 3   Lady and myselfwiH be applying for Mexican            3   countty you Ire supposed to be innocent until

                                                                                                                          I
 4   citizenship. We will apply for Mexican                4   proven guilty. At the airports youlre guilty
 5   citizenship.                                          5   until you prove you're innocent.
 6                                                         6
                                                               over both. The fact of what's going on in
             UNIDENTIFIED SPEAKER:                                And the fact that I -- 11m equally angry

                                                           8
 7   (Inaudible.)                                          7
 8
                                                               even have a day in cOUli. They can simply
            MR. VENTURA: Dual. I'll put it                     our countly as well as the fact that we can't

10                                                                                                                        I
 9   to you this way, I couldn't have been treated         9


                                                                                                                          !
     any worse by the courts of Cuba than how I           10   deny you) deny you the right to a trial by
11   got treated by the coutis of the                     11   jury. It's pathetic. Where are we heading,
12   United States of America. I would have               12   people?
13   gotten the same -- I couldn't have been              13           UNIDENTIFIED SPEAKER:
14   treated any worse down in Havana, Cuba than I        14   (Inaudible. )
15   would -- than I've been treated here.                15           MR. VENTURA: 1 haven't gone tip to
16           UNIDENTIFIED SPEAKER:                        16   the nines of renouncing my American
17   (Inaudible.)                                         17   citizenship. I j ust will not pay respect to

19
18           MR. VENTURA: In fact, wait, let              18   a government that doesn't respect me.
                                                          19
     change it -- Kessler, look tip on this one --
     me -- excuse me. I guess the only way I can               Respect is a two-way street. And when they
20                                                        20
                                                               as 1 said, I will never stand for the anthem
                                                               don't respect me, I don't respect them. So
21   the only way I can change it, I guess, would         21
22              or
     be to run f president and win it, huh? Is            22   again, I will never salute the flag again.
23   that what it'll take, a true independent to          23       And as fal' as the citizenship goes,
24   defeat the two parties that are destroying           24   there's benefits to being a citizen of
25   our countLy? Maybe that's what it takes.             25   Mexico. R ight now on a tourist visa you're
                                                                                                               " " " '"


                                                                             27    ( Pa g e s 1 0 5 to 1 0 8 )
        CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 29 of 84


                                                                                                    Page 1 1 1
                                                                                                                       I
                                      ,.   Page 1 0 9

                                                                                                                       I

                                                                                                                   !.l
   1   only allowed to be there six months. As a      1          UNJDENTIFIED SPEAKER: No. rve
  2    citizen you can be there all year, and Ws      2 never considered it at all. I mean, I - I  -



  3    easier to cross the borders then. We've got    3 am a United States citizen, this is my home,
   4   to wake up people.                             4 although today I can't tell. Today you could
           Our border patrol is 110 longer at the
                                                            And, in fact, let me finish with a great
  5
                                                                                                                   I
                                                      5 fool me.
   6   borders. Go out and drive. I am. You will      6

                                                                                                                   1
  7    get pulled over on 01.lf interstate freeways.  7 quote, my good fi'iend Kevin Costner said it,              1

  9
  8    Mark my words, the day is going to come where  8 my good fi'iend Kevin Costner, he said, "This
       you're going to have to show an ID to go       9                                                                I



                                                                                                                   I
                                                        is not the country I was bom in and it's
 10    state to state in this country, which also    10 certainly not going to be the country I'm
                                                                                                                   1
                                                        movie JFK when h e said, "This the country I
                                                                                                                   I
 11    violates the Constitution.                    11 going to die in. I I That's Costner in the
 12        When are we going to stop allowing the    12
 13    government to violate the Constitution and    13 was born i n and itls certainly not the one
 14    the Bill of Rights? Well, ce1tainly you're    14 I'm going to die in," and that's how I feel                I
 15
       federal comi, because you canlt go to COl-Hi
       not going t o get it addressed here in the    15
                                                        that I could not have my day in cOUli.
                                                        today. I hang my head in shame as a veteran
                                                                                                                   I
                                                                                                                   !
 16                                                  16


                                                                                                                  !
 17    on it, on the 13il1 of Rights, that's what    17          UNIDENTIFIED SPEAKER:                             I




 19                                                                                                               J
 18    they just told me, that's what their ruling   18 (Inaudible.)

           A
       was                                           19          MR. VENTURA: I'm not an elected

                                                                                                                  Ii
 20          nymore questions? Am I fired up enough? 20 official anymore.
 21    You get Jesse the citizen today, not Jesse    21          UNIDENTIFIED SPEAKER:
 22    the governor. I I can speak free now
                          n_                         22 (Inaudible.)
                                                     23


                                                                                                                  I
 23    because I'm not representing nobody but me.               MR VENTURA: Don't even get me
                                                                          .                                       j


                                                                                                         ---1,1
 24             UNIDENTIFIED SPEAKER:                24 stmied on 9/1 1. That's a Whole another
  5
 2_    (I_ ll dible )
         na                                          25          al                ·
                                                        top k . F_se flag op erat lons a _ a '�ho le
                                                                                         e
r- _____ _____._________________________+-______��___ ___���_______l· ______                           __




                                           Page 1 1 0                                              P a g e 1 12

                                                                                                                  I
                                                                                                                  i
  1              MR VENTURA: I have not discussed
                      .                                  1     another topic. This is just the results of
  2     that with my attorney. We j ust got the          2     what happened. Welre seeing the constant
  3     mling at I learned of it at about 4 or
                 n_                                      3     ever since 9/1 1 . Guess what, George Bush         l

  4     5 o'clock yesterday afternoon. And why would     4     told us we were attacked because they were
  5      I appeal it? I want a trial by j ury. By        5     jealous of our freedoms, right?

                                                               take away OUl' freedoms and they won't be
  6      going to the court of appeals am I getting a    6         Well, apparently the way we solve that is

                                                                                                                  ]1
  7     j ury? No. I'm getting federally paid judges     7

  9
  8     to squash it. I want a jury, thatls all I        8     jealous of us anymore. So that must be the

                                                        10
        ask for.                                         9     plan of attack of America, take away our
 10
 11
            I always thought that was a right in this
         country that you could have a trial by jUlY,   11
                                                               freedoms and then the terrorists will have no
                                                               reason to be jealous of us anymore because we
                                                                                                                  !
 12     but apparently you can't. Who do we appeal      12     wonlt have any freedom anymore.
 13     to now? I'll ask you, the media. Well, we       13         I think they're winning. When decisions
 14     can't appeal to you guys, because you're        14     are made like I got made, the terrorists are
 15     supposed to be the unwritten fourth branch of   15     winning, because theylre changing our country
 16     government. You're supposed to be the           16     and theylre being successful at it, which is
 17     watchdog of all these bozos and you're          17     what ultimately they set out to do, wasn't
 18     leaving me to do that, so I say thank you.      18     it?
 19     That's how come I have a job, because you all   19              (Audio clip stopped.)
 20     ain't doing yours. Not you individually, but    20              MR B ORGER : Okay.
                                                                          .


 21     you get where I'm going.                        21              MR OLSEN: I hope there's a
                                                                          .


 22         Anymore questions?                          22     question somewhere.
 23              UNIDENTIFIED SPEAKER:                  23              MR BORGER: Yes, there is.
                                                                          .



 24     (Inaudible.)                                    24   BY MR. BORGER:
 25              MR VENTURA: Amsterdam?
                      .                                 25   Q. Was that yoUI' voice - -

                                                                              28   ( P age s 1 0 9 t o 1 1 2 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 30 of 84

                                        "     P age 1 1 3                                                      Page    115 I
                                                                                                                           1

                                                                                                                             I
     Q. -- speaking loud speaking loudest on the                      quote, "I will never stand for the anthem
 1   A. Yes.                                                 1   Q. Okay. Did you state during that audio,

                                                                                                                             1
 2                        A_                                 2
 3      audio we just played?                                3        again, I wi1l never salute the flag aga in" --


                                                                                                                             I
 4   A. Yes.                                                 4   A.    Ye s.

                                                                         Have you saluted the flag since then?
 5   Q. Okay. And there was some other less audible          5   Q. -- end of quote?

 7
 6      voices from repOlters, c01'l'ect?                    6


                                                             8
     A. Yes.                                                 7   A. Nope.
 8   Q. Okay. What were the circumstances under                  Q. Have yon been at events where the national
                                                                                                                             j

                                                                                                                             I
                                                             9        anthem was played?
     A . I had just received word that I wouldn't be
 9      which you made those statements?

                                                                 Q. And did you turn Y0lll' back and raise a fist?
                                                            10
        allowed to go to COUlt over my fourth
10                                                               A. Yes.



                                                                                                                             I
11                                                          11
12      amendment rights. And being that part o f my        12   A.    No.

                                                                 A. I left the arena until it was
13      television show we were going to covel' the         13   Q . Did you stand?
                                                                                                    over and then            1
                                                                                                                             I
                                                            14
        filmed it for use in my TV show.
14      TSA, so that was all -- that was done and we
15                                                          15        came back in.

                                                                 A . Minnesota Lynx basketball games, I'm a season
16   Q. And that's a show called what?                      16   Q. Okay. What was that event?                               I



                                                                                                                             I
                                                                                                                             J



                                                                    ticket holder.
17   A . Conspiracy TheolY with Jesse Ventura on            17


                                                                                                                             I
18     tl'uTV.                                              18
19   Q. Okay. And this paIticuiar show has not yet          19   Q. More than one game?

                                                                 Q. Any other events where you've left the
20                                                          20   A. Yes.

                                                                                                                             I
        aired, correct?
21   A . No.                                                21


                                                            23
                                                                                                                             !
22   Q. Or cable cast 01' whatever?                         22        event while the --
23   A. That is correct.                                         A.    No.
24   Q. You made those statements on 01' about              24   Q. -- n ational anthem was played?
25      November 4th, 20 1 1 ?                              25   A.    No.
                                              Page   114                                                       Page    116


                                                                   that you 'would never again fly commercia lly?            1
 1   A. (Indicating.) If you tell me so, then I              1   Q . Did you state during the course of that audio

     Q. Okay. It was the day after you got the               3
 2     probably -- I did.                                    2


                                                                                                                             II
 3                                                               A. Yes.
 4     decision in your TSA suit, correct?                   4   Q. D id you state during the course of that audio
 5   A. Yes.                                                 5     that you would refer to the United States of


                                                             7
 6   Q. Since this was going to be recorded for your         6     America as the fasci st states of America?
 7     television show, did you prepare any of those             A. Yes.
 8     remarks?                                              8   Q. Did you state during the course of that audio

                                                                      cit izen sh ip ?                                       I
 9   A. No.                                                  9        that you would be app lying for Mexican
10   Q. You were speaking extemporaneously?                 10
                                                                                                                             II
11   A. Off the top.                                        11   A. Yes.                                                     l
12   Q. Off the top. During the COllrse ofthat              12   Q. Have you done so?

                                                            14
13     audio --                                             13   A. No.
14   A . Dh-huh.                                                 Q. Why not?

                                                                                                                             I
15   Q. -- did you state that the fedel'aljudges were       15   A. Haven't got around to it.

                                                            17
                                                            16   Q. Do you still intend to apply for Mexican
                                                                                                                             I
16      cowards?

                                                                 A. Absolutely possibly --
17   A . Yes. You heard it.                                        citizenship?
18   Q. Yeah. Did you state during the course of            18                                                               I
                                                                                                                             !
19      that audio that you had lost your patriotism?       19   Q. Okay.                                                    !
                                                                                                                             1
20   A. Yes.                                                20   A. --but not for those reasons.

                                                            22   A. Dh-huh.
21   Q . Did you state during the course of that au d io    21   Q. For other reasons?
22      that, "I will never stand for a nationa l
        anthem again, I will tllt'll my back and I will
                                                                       No. They never have changed . I wou ld apply
23                                                          23   Q. Okay. Your reasons have changed ?

                                                                      for Mexican citizensh ip, because as I stated
24      raise a fist," end of quote?                        24   A.
25   A. Yes.                                                25

                                                                                      29   ( Pa g e s 1 1 3 t o 1 1 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 31 of 84

                                             Page 1 1 7                                               Page   119   •




 1      on the tape, on a visitor's visa no\" you're       1     danger, this mass of people that are being
 2       only allowed there six. months out of the         2     held in one particular position for a long

        want to be there more. And, also, it would
 3      year, there could be occasion where I would        3     duration of time. It would not be a good
 4                                                         4     security, in my opinion.
 5      help crossing the borders as frequently as I       5   Q. Whose intelligence level were you tlying to
 6       do to be a citizen of both countries.             6     raise in making this statement in November of
 7          And, also, when you're a land owner in         7     20 1 1 ?
 8      Mexico, when you turn 65 they cut yout'            8   A. The general consensus of America to
 9      propelty taxes in half if you're a citizen         9     understand it.
10      and a land owner at age 65. So being a            10   Q. Did you have any concem that raising it in a
11      Mexican citizen and living down there has         11     public fashion like that might bring it to
12      great benefits that YOll would natmally want      12     the attention ofthe terrorists?
13      to pursue.                                        13   A. They've celtainly. I'm sure, thought of that

                                                                 at all, because I didn't feel that it -- it's
14   Q. During the course of that audio did you state     14     before me. No. No, I didn't think of that
15      that you might run fol' president or              15                                                   1
16      vice-president of the United States?              16     common sense.
17   A. You heard it.                                     17   Q. Okay. And during the course of that audio
18   Q . I still need a yes or no answer.                 18     did you state that you would never again fly
19   A. I -- yeah, what I heard I did, yeah. Yes.         19     commercially?
20   Q . You've made similar statements on other          20   A. Yes.
21      occasions?                                        21   Q. And have you flown commercially since
22   A . Sure.                                            22     November of20 I I ?
                                                                                                                   I
                                                                                                                   I
23   Q. During the course of that audio did you talk      23   A. No. And I never will again. As I sai d in
24      about where suicide bombers might stl'ike if      24     that, I'm tired of being treated like a
25      they wanted to b e -
                           -                              25     criminal.
                                            Page 1 1 8                                               page 1 2 0
 1   A.  Sure.                                             1   Q. Have you ever been in a bar fight?
 2   Q.  -- if they wanted to be more effective?           2   A.  Since my bitth?
 3   A.  Absolutely.                                       3   Q. Yes, sir.
 4   Q.  Do you regard that advice in a public setting     4   A. Yes.
 5     to be giving aid and comfOlt to the enemy?          5   Q. More than one?

 7     itls called raising Y01.U· intelligence level
 6   A. No. It's not aid and comfolt to the enemy,         6   A. I don't recollect now.
                                                           7   Q. Do you have a specific recollection of
 8     and thinking the way they would think. It's         8     the ". any fight that you have been in?
 9     how I was trained.                                  9   A. No.
10   Q. Okay. And what was the purpose of raising         10   Q. Outside your military experience.
11     the intelligence level?                            11   A. Pardon me?
12   A. Because -- becanse, to me, when you look at       12   Q. Outside your direct military experience.
13     an airport today and you watch those long          13   A. Oh, well then I've never been in one. If you
14     lines waiting to -- to go through security,        14     go -- if you1re asking me upon -- if since my
15     why would an enemy of our country repeat           15     discharge fi'om the Navy, I have never been in

                                                               Q. No, I what I was getting at was apalt from
16     itself again? That's not good war. That's          16     a bat· fight.
17     not waging war well. You donlt want to do          17            .-



18     what's already been done, you want to do           18     when you were actually on duty in the
19     something different, something they're not         19     military, have you been in a fight?
20     ready for.                                         20   A. Well. thaes when I was in bar fights.
21         And in light of the fact that when I was       21   Q. Okay.
22     at airpOlts you'd see these massive, massive       22   A. I have not been in a bar fight since -- since
23     lines of consolidated people waiting to pass       23     post 1 975, never. Never. Even as a pro
24     through security, as a trained individual. I       24     wrestler. Never. I have never been in a bar
25     would say that would be a very focus point of      25     fight since -- since 1 975 to current date.

                                                                              30   ( Page s 1 1 7 t o 1 2 0 )
         CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 32 of 84


                                            Page 1 2 1

                                                          1
                                                                                                     Page   123 '



       in a bar?
 1   Q. Have you ever taken a swing at someone else                      (Exhibit DX-49 marked

                                                              BY MR. BORGER:
 2   .                                                    2              for identification.)
 3   A. No. Are we speaking '75  -­                       3

     A. I can't remember, but I don't believe I ever
 4   Q. Pre '75 at any time.                              4   Q. Showing you what's been marked as Exhibit 49,
 5                                                        5     do you recognize that as the title page,

 7   Q. SO when you were in a bar fight in 1975 01'       7
 6     have.                                              6     copyright page and pages -- and page 48 from
                                                                Don't Stmi the Revolution Without Me!?

 9                                                        9
 8     before, you just stood there and somebody          8   A. Yeah. Yes.

     A. I can't remember.
       else attacked you?                                     Q. Turning to the third page of that exhibit,
10                                                       10     that matches page 48 of the book, can you
11   Q. Okay.                                            11     read those first two paragraphs for me?
12   A. Probably it was overseas on deployment.          12   A. "The fi'iendliness we generally encounter on
13   Q. Outside of wrestling, have you ever been hit     13     the road is wonderful, except one paliiculal'
14     by someone else?                                  14     night in Denny's. They have a big screen TV

       mean like back in grade school had I been
15   A. Again, you're asking me a question -- you        15     in the corner and everybody's glued to it

17
16                                                       16     all" -- "all watching Fox News. It doesn't
       hit? Yeah, people -- rve been hit in grade        17     take me long to get sick of it and I asked if

                                                         19
18     school.                                           18     they could change the channel, but they

     A. Since I was 1 8? Well, then I'll categorize
19   Q. Since you were 1 8.                                     won't, it's stuck on Fox News. II And then
20                                                       20     Teny -- this is Teny's writing, not mine.
21     it. The only person I've ever struck would        21   Q. Okay. And it's-­



22     be prior to my discharge out of the Navy.         22   A. "Most" --
23   Q. And what were the circumstances in which you     23   Q. And it's italicized in the --
24     stmek someone else while you were in the -­       24   A. Right. " Most ofthe truck drivers are these
25     before you were discharged from the Navy?         25     huge burley guys, and there'S Jesse sitting
                                                                                                     Page 1 2 4

                                                          1
                                            Page 122

     A. In the Navy? I can't remember really. It
                                                          2
 1                                                              there complaining about Fox News and talking

                                                          3
 2     would probably be a fight in Sublc Bay,                  loudly about B ush. I mean, he's too big, but
 3     Philippines.                                             it scared the heck out of me. I I
 4   Q. And what were the circumstances of your being     4   Q. Okay. And I think during your reading you
 5     present in Subic Bay in the Philippines?           5     said, liRe's too big." The actual words there

                                                          7
                                                                are, liRe's big too. I t
 7
 6   A. On libelty.                                       6

                                                          8
     Q. Had some wild times on libelty in Subic Bay?          A. Oh, liRe's big too" -­




 9                                                        9
 8   A. Sometimes. And it -- more than likely, the            Q. Okay.

                                                         10
       fight was between us and the Marines, so it            A. -- "but it scared the heck out of me."

11   Q. Ever been knocked down in a bar fight?           11
10     was within the conuminity itself.                      Q. Okay.
                                                              A. Okay.

                                                         13
12   A. No.                                              12   Q. And --
13   Q. Did you ever get any bruises, black eyes, any         A. But I didn't write that.

     A. In a bar fight?                                  15
14     cuts, any --                                      14   Q. Okay. All right. You were there for the

     Q. In a bar fight.                                  16   A. It wasn't an event, but fine.
15                                                              event?
16

                                                         18
17   A. No.                                              17   Q. For the incident? Incident --

                                                         19
18   Q. Ever gotten a black eye under any other               A. It wasn't an incident either. We were having

                                                         20
19     circumstances?                                           dinner at Denny's.

     Q. Ifthat's the only other -- outside ofa bar       21
20   A. Are we talking about pro wrestling here?              Q. Okay.

                                                         22
21                                                            A. No incident took place, nothing happened,

                                                         23
22     fight, have you gotten a black eye, pro                  zero.
       wrestling 01' otherwise?
                                                         24
23                                                            Q. Is the description in those two paragraphs of

                                                         25
24   A. I don't recall. No, I don't recall ever                 the book an accurate depiction of something
25     having one.                                              that happened?

                                                                             31     ( P a g e s 1 2 1 t o 12 4 )
         CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 33 of 84


                                                                                                                         I!
                                               Page 1 2 5                                                P a ge 1 2 7

   1  A. She's not under deposition. You'd h ave to         1       change the channel from Fox News" ?              1
   2  . ask her.                                            2 A. I don't recall.
   3  Q . Well --                                           3 Q. Okay.

    S
   4
                                                            S
                                                            4
                                                              Q. Did he write it based on things that you told
      A. Because I did not write this, she did.               A. Dick Russell wrote it, not me.

                                                                                                                         ]1
      Q. No, I under -- but you were there for it,
    6     correct?                                          6       him?
    7 A . I assume I was, yes.                              7 A. Could have.
                                                                                                                    i

                                                                                                                        j.Il
    8 Q. And you wrote about it in the first                8 Q. Is there any other way he would have gotten
    9     paragraph?                                        9       this information about an incident or
 lO   A. Well, you have to remember, Don't Start the      10        something that happened at Denny's where you
 11       Revolution, even though my wife didn't get      11        were present?
 12       literal'y credit for it, she likewise           12  A . From my wife.
 13       participated in it with Dick Russell and I,     13  Q . Okay. Were there patts o f the book that were
 14       that's why there are -- some of those things    14        not italicized that Dick Russell wrote from
 15       are italicized in the book. And the             15        things that your wife -- information your
 16
                                                              A . I think there's a possibility that that could
          description of what took place at Denny's, I    16        wife provided?
 17       believe she talked about that rather than me.   17
 18   Q . In the --                                       18        be true.
 19   A. I do recall the Denny's. We laughed about        19  Q. Now, a p01tion of what you just read that's
 20       it --                                           20        ascribed to your wife in italics, indicates
 21   Q. Okay.                                            21        that most of the truck drivers were huge
 22   A, -- because it was stuck on Fox News and they 2 2           burley guys. Is that the way you remember       1
 23       wouldn't change it, and I'm not patticularly    23        it?
                                                                                                                    1
                                                                                                                        I
                                                                                                                --11
                                                                                                                        1
 24       a fan of Fox News.                              24  A. I don'tremember it.
      Q . A 1l right. _--:-.__\!Vel'e at a Denny' s _
 2___..;,.___�..;,.__S o YO tL __________.;..._?
    5                                               .    I2___...;..__...;..;,._____...:..;,.____at___ted_--,--OUl_
                                                            5 Q O kay . And the p ol'tion _t ri btI__ to Y__'
1--                                                     - -
                                                 ___




                                                                                                         ;� ;
                                               Page 1 2 6                                                       128

   1    A. Sure, been to plenty of them.                     1       wife goes on to ,a)" "Thoo'e', Jesse si n
   2    Q. And other people were watching Fox News,          2       there complaining about Fox News and talking j

                                                                                                                        I
   3      correct?                                           3       loudly about Bush. " Is that the way you
   4                                                         4
        Q. It was on television?
        A. No, it was on television.                                 recall it?
                                                                                                                   !
                                                                                                                     I

                                                                                                                        lj
   5                                                         5     A. Nope. I can't recall it.
   6    A. Uh-huh.                                           6     Q. You don't recall it one way or the other?

   S
   7    Q. Some people there were watching?                  7     A. No.
        A. I don't know.                                     8     Q. Okay. Is there any reason for you to think
  9     Q. Okay. You got sick of it, of Fox News being       9       that your wife, in providing this information
 lO
 11
          on television at the Denny's; is that right?
        A. You're making a mountain out of a mole hill
                                                            iO
                                                            11
                                                                     ta Dick Russell, was not telling the truth?
                                                                   A. No.                                               I]
                                                                                                                        j
 12       here, but I guess that's what you're trying       12     Q. Okay. Do you accept this account as          )
 13
          it, then that's what it says.
          to do. I don't -- if it says I got sick of        13       accurate?
 14                                                         14     A. Sure. Sure. Yes.
 15     Q. Okay. It says here in the non-italicized         15     Q. Okay. The italicized portion goes on to
 16       pOltion that you asked if they could change       16       state, "He's big too." I assume you're --
 17       the channel. Is that the way you remember         17       that's referring to you're big too, correct?
 18                                                         18   . A. I don't know. You'd have to ask the writer.
        A. I don't --
          it?
 19                                                         19
                   MR. OLSEN: Object to the form of
                                                                   Q. Okay. The italicized portion goes on to
 20                                                         20       state, ''It scared the heck out of me,"
 21                                                         21
                   THE WITNESS : I don't recall.
          the question.                                              meaning it scared the heck out of your wife

                                                                                                                        1
 22                                                         22       Terry, is that an accurate descl'iption --
                                                                                                                   .
 23
        B Y MR . BORGER:
                                                            23     A. You'd to have ask her.

                                                                                                                        I
                   MR. BORGER: Okay.
 24                                                         24
        Q. And then it also says that, "They won't
                                                                   Q. Is that an accurate description of what's
 25                                                         25       actually written here in the book?
                                                                                                                        J
                                                                                  32   ( Pa g e s 1 2 5 t o 1 2 8 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 34 of 84


                                                                                                                         I
                                                           1
                                       "     Page 1 2 9                                                 Page 1 3 1



                                                           2
 1   A. You'd have to ask her.                                     be a fellowship professor and would like to
 2   "Q. Do you have any reason to believe that that               go out and teach at Harvard for a semester,
 3      is information that she did not provide to         3      which I then accepted, because I had no

                                                           5
 4      Dick Russell?                                      4      obligation to do the TV show anymore.

 6                                                         6
 5   A. I have no idea.                                        Q. Okay. Was this a spring semester after you

 7                                                         7
      Q. Okay. During the time of the incident, or                left office, fall?

 8                                                         8
        whatever it was, the event or the facts,               A. Winter and spring.                                     I

 9                                                         9
        whatever occurred at Denny's                           Q. Winter and spring?

10
                                      ��




                                                          10
     A. Nothing occurred.                                      A. Winter and spl'ing.

                                                          11
     Q . -- did she state to you that she was scared?          Q . S O was that the winter and spring of -

12
                                                                                                        �




                                                          12
11   A . No.                                                   A. Of '04.

                                                          13
                 (Exhibit DX-50 marked                         Q . Of '04. Did you enjoy your time at Harvard?

14                                                        14
13               for identification.)                          A. Loved it.

                                                          15
     BY MR. BORGER:                                            Q. Did the students like you?

16                                                        16
15   Q . S howing you what's been marked a s your              A. Pardon me?

17                                                        17
        Exhibit 50, do you recognize this as another           Q. Did the students like you?

18                                                        18
        section of, Don't Statt the Revolution                 A. I had the largest classes in Harvard history.

19
                                                                                                                     I
                                                                                                                     I
                                                          19
        Without Me !, specifically pages 250 and 25 1 ?           Eleanor Clift named me the high priest o f the

20
     A. Yes.
                                                          20
                                                                  thit'd patty movement when she was out there a
                                                                                                                     !
21                                                        21                                                         I
     Q . I want you to take a moment and -- and read,             couple days, because she wrote about it on         1



22                                                        22
        not out loud, but you can just read it to                 her blog and said that the lines were out
                                                                                                                     !




                                                                                                                     I
        yourself, the non-italicized pOliion ofthat               into the hall constantly all day long with
23      exhibit.                                          23      students wanting to come in and talk to me,

                                                          25
24   A . Is there anything -- oh, on the back there's     24      which is what a fellowship professor, palt of

                                                                                                                     !
25      some italicized?                                         your obligation to the school i s to do that,


 1
                                                                                                                     I
                                             Page   130                                                Page 1 32

     Q. Right.                                             1      to have your office open always for students

                                                           3                                                         1
 2   A. Okay.                                              2      and they can schedule and come in and meet
 3   Q. SO before it gets to headline, "The Body                  and talk with you. And I took it very

                                                                                                                     1
 4      Politic."                                          4      serious. I had nothing else to focus on and

 6
                                                                                                                     I
 5   A. (Reviews document.)                                5      so I - - I wanted - I had never been to
                                                                                  -




                                                           7
     Q. You enjoyed reading -- re-reading that             6      college, really, so I was kind of like Rodney

                                                           8
 7      section?                                                  in Back to School. It ,vas very enjoyable.

 9                                                         9
 8   A . Dh-huh.                                               Q. Okay. The section of the book that you've

10                                                        10                                                         I
     Q. Okay. This describes some things that                     just read --

11                                                        11
        happened while you were at Harvard                     A. Uh-huh.


                                                                                                                     I
                                             -�




12
     A . Uh-huh.                                               Q.     to yourself, are the things that are

13
                                                                     �-



     Q . "- correct? Tell me --                           12      described i n this section o f the book things
                                                                                                                     1
     A . Yes.                                             13      that actually happened to you?

15
14   Q . Tell m e about how you came t o have a
                                                          15
                                                          14   A . Yeah.
                                                                                                                     j
16   A. When I left office as governor, initially, I
        relationship with Harvard University.                  Q. Okay. And --

17
                                                          16   A. Yes.

18
        was supposed to have a television show on         17   Q - did you write that section of the book?

19                                                        19
                                                                 .   •




        tmfOliullately because I opposed the Iraq War,
        MSNBC. I signed a contract for it, but            18   A . Yes.

20
                                                               Q. This isn't just something you talked and

21
        they wouldn't put me on. And so -- but they       20      Dick Russell wrote?

22                                                        22
        still had to agree to pay me for the three        21   A. Oh, no, Dick Russell would write it. I don't

23
        years, because we had a solid contract.                   write anything.

24
            And so in the i nterim, when I realized       23   Q . Okay. But all of the things i n here in the
        the TV show was dead in the water, Harvard        24      section you've just read --
25      contacted me and asked me if I would like to      25   A. The story about Harvard, I would tell Dick

                                                                               33     ( Page s 1 2 9 t o 1 3 2 )
        CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 35 of 84



                                                                                                                                    I
                                                       Page 1 3 3                                                     Page   135
                                                                                       lv1R. BORGER: Okay.
  2
                                                                                                                                    j
  1         the stOlY and Dick would write it.                         1
       Q.    And then you would read what he wrote, right?                  BY MR. BORGER:
       A. Generally.
                                                                       2

  4
  3                                                                    3    Q. With the section of the book in this
       Q. And then sign off on it?                                     4      Exhibit 50 that follows, the line about
  5    A. Generally.                                                   5      having had a few brews, it indicates you
       Q. Okay.                                                               stare hard at three fellows who were wearing
  7    A. But it's not in stone that I have to do that.                                                                            1
  6                                                                    6
                                                                              T�shirts that says Harvard sucks, had a
  8                                                                    8                                                           I
                                                                       7
       Q. Is there anything on these two pages, 250 to                        celtain repartee with them which ends up in
            25 1 , that you believe is inaccl1l'ate?                          this description with you saying to them;
 lO    A. Well, then we might sit here awhile.
  9                                                                    9

                                                                      11
                                                                              "You've got two options, one is to deal with

                                                                                                                                   1.
                                                                      10
                                                                              me, two is to take the shilts off and put
       A. (Reviews document.) Yeah, I'd say it's
 11    Q. Yeah.

 13
                                                                      12      them on again inside out, and .they chose the

                                                                                                                                   .\I
 12

                             R E DACT E D
                                                                                                It


 14
                                                                              second option.
                                                                      14
         accurate.                                                    13

 1
                                                                            A. Uh-huh .

   5                                                                  15
                                                                                                                                   I
                                                                            Q . Is that something that actually happened?

 17                                                                                                                                i
                                                                            A. Yup. Yes.
                                                                      17
 16                                                                   16


 18
                                                                            Q. And i s the description that leads u p to that,
                                                                      18


                                                                                                                                   I"
                                                                              choosing the second option, also an accurate
 19                                                                   19     description?

 21
 20                                                                  2 0 A . Yes.

 22
                                                                                                                                   1
                                                                     21   Q. Okay.
                                                                      2 2 A . A good way to write it too.                 .


                                                                                                                                   II
 23                                                                   23  Q. You enjoyed rereading that section, didn't
 24                                                                  24      you?
 25
�_                                                                                                                      -4 o
                                                                                                                                   1
                 __                ____
                                                                     2 5 A ____a s��__�_____l .
                                                                    +-_____. It �v_ , yeah , co m l·c a _  ____  __
   ______________  ________________                                                                      __    __  ____



                                                       Page   134                                                     Page 1 3 6

  1                                                                    1



                                                                                                                                   I
       Q . This description at the bottom of page 250                       Q. Okay.
  2         indicates, tlBy now I'd had a few brews."                  2    A. And nothing became of it.
       A. Oh, no. No, no, no. I went with a group of                        Q. They backed off because you were big and
  4
  3                                                                    3
            students, they drank.                                      4      i mposing?
  5    Q. Well, that's not what it says here.                          5    A. You'd have to ask them. I can't -- I can't

  7                                                                    7
       A. Well, then that --                                                  answer -- I can't think for their reasoning.
       Q. It s ays, til had a few brews."
  6                                                                    6
                                                                                       (Exhibit DX-S l marked
  8    A. Where does it s ay that?                                     8               for identification.)
  9                   MR. OLSEN: Well, let him -- let                  9   BY MR. BORGER:
            him ask you a question.                                         Q. And we're not done with the book.
                                                                            A. It was after '06, too.
 10                                                                   10
 11                   THE \V1TNESS: Okay. I'm S01'ry.                 11
            Where does it say that?                                         Q. Exhibit 5 1, do you recognize that as page 2
                      MR . BORGER: On the very last line
 12                                                                   12
                                                                              from your book Don't Start the Revolution
 14                                                                   14
 13                                                                   13
            of 250.                                                           Without Me! ?
 15                   THE WITNESS: (Reviews document.)                15   A . Yes, I would guess so.
 16
 17
            Oh, then that's inacctll'ate. That's                            Q. Do you see at the bottom of the first full
                                                                      17
                                                                      16
            inaccurate, because 1 don't drink. I must                         paragraph on that page the sentence, tlLooking
 18                                                                   18
            that's inaccurate. I don't drink. R E DACTE
            have missed that in my proofread. Because                         at the political landscape of America today,


                              R E DACT E D
 19                                                                   19      my outrage knows fe,,, bounds"? Did I read
 20                                                                   20      that correctly?
 21                                                                   21    A. Dick wrote that, correct.
 22                                                                   22    Q . Did he write that based on things that you
 23                                                                   23      told him?
 24                                                                   24   A. You'd h ave to ask him.
 25                                                                   25    Q. Does that sentence reflect your sentiments at

                                                                                             34      ( Pa g e s 1 3 3 to 1 3 6 )
                   CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 36 of 84

                                                                                                                                                                                                                                                                                           P a ge 1 3 9
                                                                                                                                                                                                                                                                                                                               I
 1                                                                                                                                                             1
                                                                                                          p               Page 1 3 7



 2
                       the time that Don't St8lt the Revolution was
                                                                                                                                                               2
                                                                                                                                                                               A. Oh, yes.
                                                                                                                                                                                                                                                                                                                               I
                                                                                                                                                                                                                                                                                                                               1
 3                                                                                                                                                             3
                       written?                                                                                                                                                 Q. Okay. What year are we talking about here in

 4                                                                                                                                                             4
                A. I don't know.                                                                                                                                                      this section of the book?

 5                                                                                                                                                             5
                Q. Was it your intention that readers of                                                                                                                       A. Well, i f I wrote -- if I wrote the book -- I

 6                                                                                                                                                             6
                       Don't Stalt the Revolution Without Mel,                                                                                                                        believe the publishing date is -- let me --

 7
                       looking at that statement, that sentence,
                                                                                                                                                               7
                                                                                                                                                                               Q. The copyright is 2008.
                                                                                                                                                                                                                                                                                                                           I
 8                                                                                                                                                             8
                  would construe it as your sentiment?


                                                                                                                                                                                                                                                                                                                           II
                                                                                                                                                                               A. Two thousand eight? Then I would guess that

 9              Q. 1 was asking about your intention as to what                                                                                                9
                A. YQu'd have to ask the readers.                                                                                                                                     I wrote the book probably --

10                                                                                                                                                            10
                                                                                                                                                                                                         MR             OLSEN: You've got the wrong

11                                                                                                                                                            11
                                                                                                                                                                                                                                                                                                                           I
                                                                                                                                                                                                                    .



                      the reader reaction --                                                                                                                                          one there.

12
                A.     I really don't know what my intention was. I
                                                                                                                                                              12
                                                                                                                                                                                             THE WITNESS: Oh, yeah. I
                                                                                                                                                                                                                                                                                                                           II
13                                                                                                                                                            13
                      wrote the book many years ago. I can't                                                                                                                          would -- I would assume, then, that I wrote

14
                      recall what my intentions were.
                                                                                                                                                              14
                                                                                                                                                                                     the book a year earlier, 2007, I would guess.
                                                                                                                                                                                                                                                                                                                           jl
15                                                                                                                                                            15
                Q. Okay.                                                                                                                                                              So it would be after the event in Coronado,

16                                                                                                                                                            16               B Y MR. BORGER:
                                                                                                                                                                                                                                                                                                                           I
                                          (Exhibit DX-52 marked                                                                                                                       it would have been written after that.

17                                                                                                                                                            17               Q. It would have been written after that, but
                                          for identification.)

18              Q. Showing YOll Exhibit 52, do you recognize that                                                                                             18
                BY MR. BORGER:

19                                                                                                                                                            19
                                                                                                                                                                                     you're describing your decision to get -- to

20                                                                                                                                                            20
                  as page 4 from your 2008 book, Don't Stalt                                                                                                                          break away --

21                                                                                                                                                            21
                      the Revolution Without Mel ?                                                                                                                             A. Oh, that was the fact that since I didn't

22                                                                                                                                                            22
                A . Yes, I assume so. Let me add, I don't reread                                                                                                                     have my TV show anymore and I wasn't

23                                                                                                                                                            23
                      my books.                                                                                                                                                      obligated to do that, and I no longer was in

24                                     anything hi particular.                                                                                                24
                Q. Okay. Well, I don't want you to assume                                                                                                                            public office, as I state in the writing, I

25                                                                                                                                                            25
                      any        _0                                                                                                                                                  really felt that time was closing in, and I
                                         MR         .   BORGER: Do we have a copy of                                                                                                                                   e,
                                                                                                                                                                                     wanted another adventure in my lif you

                                                                                                                         Page 1 3 8                                                                                                                                                       Page 1 4 0                       j
 1                                                                                                                                                                1
 2
                      the book here?
                                                                                                                                                                  2
                                                                                                                                                                                     know, and I had an opportunity at here to do
                                                                                                                                                                                                                                                                                                                           I
 3                                                                                                                                                                3
                                         MS.            OUELLETTE: I don't have it.                                                                                                  that, to go out on an adventure, which moving
                                                                                                                                                                                                                                                                                                                           1
 4
                                         MR. BORGER: Okay.
                                                                                                                                                                  4
                                                                                                                                                                                     to a place that's an hour from pavement and
                                                                                                                                                                                                                                                                                                                          I
 5                                                                                                                                                                5

                                                                                                                                                                                                                                                                                                                           I
               BY         MR. BORGER:                                                                                                                                                has no electricity is an adventure.

 6                                                                                                                                                                6
                Q. If you have -- we have copies of the book                                                                                                                   Q. Right. And you're talking about the first

 7                                                                                                                                                                7
                      upstairs if you want to make a comparison                                                                                                                      adventure you took and the decision to go to

 8                                                                                                                                                                8
                      if --                                                                                                                                                          Baja, California in this section?

 9
               A. No, l'm just making a statement to you that I                                                                                                                A. Dh-huh. And to drive it and to drive the

10                                                                                                                                                            10
                 don't reread my books after they're                                                                                                              9                  whole length of the Baj a --

11                                                                                                                                                            11
                      published. I don't go back and reread them,                                                                                                              Q. Okay.

12                                                                                                                                                            12
                      so a lot of this I have to base i t on ,vhat                                                                                                            A. -- which i s a remarkable trip.

13                                                                                                                                                            13
                      I'm reading right here or right now, because                                                                                                             Q. Okay. And when was that first time you drove

                                                                                                                                                              14
                      it was five, six years ago that I wrote this                                                                                                                   the Baja?

15
14                    book, five - - what was it,                                        '08, s o it would                                                                                                                  j
                                                                                                                                                                              A. The first time I would have drove to the Ba a

16                                                                                                                                                           16
                      b e over four years ago, and I've written two                                                                                           15                     would have -- let me think now. Let's see.

17                                                                                                                                                           17                      i n '04, flew down in 'OS. It would have
                      since.                                                                                                                                                         Okay, vacationed there in '03, Hal'vard


18                                                                                                                                                           18                                                                                                         '07. It
                Q. Okay. I want you to again read to yourself

19                                                                                                                                                           19
                      the bottom half of that page.                                                                                                                                  been -- it would h ave been ' 06,

20                                                                                                                                                           20
               A. (Reviews document.) Okay.                                                                                                                                                            ter
                                                                                                                                                                                     would have been af what we're talking

21                                                                                                                                                           21                      In fact, it would have been that winter, our
               Q. Are you talking in that section about going                                                                                                                        about here. It would have been that winter.

22                                                                                                                                                           22
                      to Baja, California?


23                                                                                                                                                           23
               A . Dh-huh.                                                                                                                                                           first -- the first time when we drove down,

                                                                                                                                                             24
                Q. In the Mexican peninsula, correct?                                                                                                                                which was the basis of this book. So it

25                                                                                                                                                           25
24             A . Dh-huh. The Sea of Cortez, Baja.                                                                                                                              would have been the winter of '06, '07.
               Q . And this is sometime after you were governor?                                                                                                               Q. Okay. Had you been to Baj a at all prior to
" ',                  .   <     ••      A"'':·'''' .
   .2" " ,,,,,·'·,,· '" ,' ""cc., CC·'''·           ""�"" " " " ''�''''''''''''.,· · ," ,,,",·x,r.,,·''.d .....,.•,.,." ." • . ." " ,
                                                               '                 C. ,· .                                         ...   ..... ....
                                                                                                                                     '" " .'. "     " '"   · " .'''.'· , . • ,c.,,"'', '�'.'''' ' '·.' ';,.,.,., ,',: ,.,....
                                                                                                                                                            ··        •.   "                   ..     '              .•.    '"'.,."...,.,'� .o',,'.,' �,,",.,.�,.�, . . . " _.·". ,.'"'''OC,�,,,:· ·c,,:.,.·',
                                                                                                                                                                                                                                     .     ..                        ,                           .•                 " .,,, 1
                                                                                                                                                                                                                                                                                                                 ,.•.




                                                                                                                                                                                                                         35             ( Pa g e s 1 3 7 t o 1 4 0 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 37 of 84

                                       fJ    Pa g e   141                                                       143 j


                                                                                                                      1
                                                                                                       Page



     A. Yes. I vacationed down there in '02 -- '03 .
 1      that time?                                           1     correctly?


                                                                                                                      I
                                                             2
        Right when I got out of office I spent three
 2                                                               A. Yes.

                                                                   took this adventure in Baja, California?
 3                                                           3   Q. And was that the way you felt at the time you

                                                                                                                      I
 4      weeks there, '04 I could not go because of my        4
 5      commitment to Harvard, and in '05 we went --         5   A. I needed to break away from -- yeah, to go on
 6      we went back down and I rented a car and I           6     something new, to go -- break away from
 7      remember I put, like, 1,900 kilometers on it,        7     television, break away from everything that

                                                                                                                      i
 8      or whatever it was, and that's when we               8     happens up in this country. And -- and when

                                                                                                                      I
 9      searched around and I found the house that I         9     you -- when you go down to, as I do in the

11
10      wanted. And i t takes about a year to close         10     Baja, a place that's an hour from pavement
                                                                                                                      1
        on a house, so \ve spent all that year closing      11     and an hour from electricity, it's a

13
12      on it. And so the '06, '07 winter would have        12     completely different life, totally, 1 80
        been the first one i n om' new house.               13     degrees the other way. And I felt I needed
14   Q . Okay. And in talking about - -                     14     that break after all these years of being
15              THE WITNESS : I think I'm correct           15     governor and everything that I had done in my
16      on that. You're looking at me like I'm not.         16     career. And I wanted another adventure,
17      I'm trying to recollect it. Because '04 I           17     because I wasn't getting any younger.
18      was at Harvard --                                   18        It's kind of the title ofthe book, if
19              MR. OLSEN: Just testify from the            19     you look at it. Underneath the main title,
20      best of your memory.                                20     "From the Minnesota Governor's Mansion to the
21              THE WITNESS: Yeah, '05 --                   21     Baja Outback, Reflections and Revisions,"
22      yeah, '05 we went down and traveled around          22     that pretty much says it there what I was

        that was 'OS, so we would have spent all that
23      and looked and found it, so we spent all --         23     doing.
24                                                          24   Q. All right.
25      into '06 closing on it. We wouldn't have --         25
                                            Page 1 4 2                                                 P a ge   144




                                                                                                                      I
 1      yeah, it would have been '06, '07 we were            1             (Exhibit DX-53 marked
 2      going down into our new house and drove down         2             for identification.)


                                                                                                                      1
 3      there.                                               3   BY MR. BORGER:
 4              MR. BORGER: Okay.                            4   Q. Showing you Exhibit 53, do you recognize this

 6                                                                                                                    I
 5   BY MR. BORGER:                                          5     as page 277 of Don't St81i the Revolution


                                                                                                                      I
     Q. And this two paragraph section of Don't Start        6     Without Me!?
 7      the Revolution Without Me! --                        7   A. Uh-huh.
 8   A. Uh-huh.                                              8   Q. Now, on this page there's some italicized
 9   Q . -- at page 4 is describing the winter of 2006       9     material that's attributed to your wife
10      to '07?                                             10     Terry --
11   A. Yeah.                                               11   A. Uh-huh.
12   Q . And not - - and not an earlier trip to Baja,       12   Q. -- correct?
13      correct?                                            13        And non-italicized material that's
14   A . No. Because I hadn't driven earlier. I had         14     written in the first person. Is the first

16
15      flown both times. In '02 and '04 r flew.            15     person, non-italicized portion of this page
        This would have been the first drive where we       16     something that you wrote?
17      drove, because we drove -- we drove a vehicle       17   A. Dick wrote it, but i t would have been
18      down there that was going to stay there, that       18     something in reference to me.
19      was not returning.                                  19   Q. And this expresses variolls sentiments and
20   Q . Okay.                                              20     reflections. Are those sentiments and
21   A. And so -- yeah.                                     21     reflections in the non-italicized pOliion of
22   Q. Okay. And that section, that two paragraph          22     this page your own sentiments and
23      section begins with the sentence,                   23     reflections?

        the United States." Did I read that
24      "Psychologically, I needed to break away from       24   A. Yes.
25                                                          25   Q. Okay.

                                                                                36   ( Page s 1 4 1 t o 1 4 4 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 38 of 84

                                         "     Page 1 4 5                                                      Page 1 4 7   !


 1
 2
               (Exhibit DX"54 marked

     BY MR. B ORGER:
                                                             1
                                                             2   BY MR. BORGER:
                                                                   was.
                                                                                                                            I
                                                                                                                            I
               for identification.)

     Q . Showing you Exhibit 54, do YOl.l recognize this
 3                                                           3   Q. You can define it here so the people reading
 4                                                           4     the transcript .-

        the Revolution W ithout M e l ?
 5      as page 260 of your 2008 book) Don't Start           5   A. A chicken-hawk was someone when it was their
 6                                                           6     time to serve, they were chicken, but when

     Q. And 1'11 -- all of this text is
 7   A. Yes.                                                 7     they don't have to serve) then they become
 8                                                           8     hawks and are pro war. When it's time for
 9     non-italicized) correct?                              9     them to go to war, they want nothing to do
10   A. Yes.                                                10     with it. But when they're safe and sound and
                                                                   they don't have to go) then they become
       that re flects your sentiments, your op i nions
11   Q. And that would suggest that it is so mething        11
12                                                          12     hawks. And that's the definition of a
13     or things that you're l'epOlting from third          13     chicken-hawk.
14     patties) correct?                                    14   Q. And you have a celtain amolmt of contempt for
15   A. Yes.                                                15     chicken-hawks, don't you?
16   Q. And) specifically) yotl state there towards         16   A. No,
17     the bottom, "President George W. Bush,               17   Q. No? What is yo�1l' feeling towards
18     Vice-President Dick Cheney, Secretary of             18     chicken-hawks?
19     Defense Rumsfe1d and the rest, chicken-hawk          19   A. Just what they are> chicken-hawks.
20     cowards," correct?                                   20   Q. Is that --
21   A. Yup.                                                21   A. They're hawks who are chicken.
22   Q. And that was your sentiment then?                   22   Q. Do you view that as a derogatory term?
23   A. But it's a mistake.                                 23   A. Huh?


                                                                 A. Take it any way you'd choose to take it.
24   Q. Okay. How is it a mistake?                          24   Q. Do you view that as a derogatory --
25   A. Rumsfeld did serve.                                 2S

                                              Page 1 4 6                                                       Page 14 8

 1   Q. Okay.                                                1   Q, Okay.
 2   A. And I -- and I -- you know, obviously, I             2   A. I'd call it a pacifist) term, an antiwar
 3      m i s se d that, you know, in the wr iting with      3      term.
 4      Dick on that p alticula r patt and) you know)        4   Q. And in the remainder of that paragraph there
 5      Rumsfeld did serve in the military.                  5      at the bottom of the page --


        chicken-hawk coward?
 6   Q. SO you would no lo nger call Rumsfeld a              6   A. Yeah. Yes.
 7                                                           7   Q. .- you describe Bush and Cheney and unnamed
 8   A. No.                                                  8      others as) " S end ing American boys to Iraq to
 9   Q. Would you still call him a coward?                   9      die all based on a pack of lies"?
10   A. No.                                                 10   A. That's correct.
11   Q. Would you still call him a chicken-hawk?            11   Q. And is that the way you felt in 2008?
12   A. No.                                                 12   A. Yes.
13   Q. Okay. Bush and Cheney and others not named          13   Q. Is that the way you felt prior to 2008?

                                                                 Q. 1 was going to get to that, but let me repeat
14      you still believe are chicken-hawk cowards --       14   A. That's the way I feel today.

                                                                    the question , Is that the way you felt prior
15   A. Yes.                                                15
16   Q . -- who never served?                               16
17   A. Yes.                                                17      to 2008?

     A . Do you know what a chicken-hawk is?
18   Q. Would --                                            18   A . The Iraq War took place prior to 2008, so
19                                                          19      absolutely.
20   Q. Yeah.                                               20   Q. When did you first come to believe that
21   A. What i s it? That's right, I can't ask you          21      American boys were sent to Iraq to die based

                   MR . OLSEN: You don't get to ask.
22      nothing.                                            22      on a pack of lies?
23                                                          23   A. When -- when George Bush announced we were

                                                                    Iraqi involved in 9/1 1 . And I assumed that's
24                 THE WITNESS: I j ust wanted to           24      going into Iraq. Because there wasn't one
25      make sure you knew the definition of what one       25

                                                                                   37    ( P a g e s 1 4 5 to 1 4 8 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 39 of 84

                                      p     Page 1 4 9                                                      Page 1 5 1 1
                                                                                                                              I

 1      why we were going to war was because of the       1   A. Not to his face, but I believe he lied about
 2       9/1 1 incident, and there were no Iraqis. The    2       Iraq.
 3       19 hijackers that they named to us as being      3   Q. I'm not talking about to his face. I'm
 4      Palt of the 9/1 1 attacks, there wasn't one       4       talking about just in speeches, on
 5      Iraqi among them. Nothing indicated that          5      interviews ��

 7                                                                                                              I
 6      Iraq had played any role in 9/1 1 whatsoever.     6   A. Could well have.

                                                                                                                 1
            And when Bush, President Bush announced       7   Q. In general conversation have you
                                                                                                                 I
                                                                                                       w_



 8      we were now going to invade Iraq, I v iewed       8   A. I've done thousands.
 9      that as much like Pearl Harbor, that the          9   Q. Okay. And you've talked about -w
10      Japanese attacked us at Pearl Harbor, but now    10   A . And I can't recollect everything I've said in

        they're Asian too. That's kind of how I took
11      we're going to invade Korea, after all,          11      thousands of interviews.
12                                                       12   Q . Okay. And you've talked about President
13      it, because I thought Iraq had nothing to do     13      George W. Bush o n any number of occasions

            S o that -- so it would have been '03 that
14      with this, why are we invading Iraq.             14      from conversations to interviews?
15                                                       15   A. I believe the first amendment covers that.

17
16      I really started to question a Jot of things     16   Q. Yeah. Have you called President
        when it was announced that w e were going to     17      George W. Bush an asshole?
18      invade a country that hadn't did anything to     18   A. Not to my recollection.
19      us, had not been aggressive towards tiS, and     19   Q. It's possible?
20      that we were going to line up oUl' military at   20   A. rfyou show me an example, but I can't tell
21      those borders, invade that country, overthrow    21      you I've ever called him that.
22      its government and occupy it. And I              22   Q. Okay. Can you tell me as you sit here today
                                                                                                                I
                                                                                                                         I
23      disagreed with that policy vehemently.           23      that calling George W. Bush an asshole is
24   Q . Okay. You specifically believe that             24      something that's so far beyond what you would


                                                                                                                         I
25      President Bush was a chicken-hawk coward,        25      typically do that you're pretty sure that you
                                            Page 1 5 0                                                      Page 1 5 2

 1
                                                                                                                         II
                                                                                                                         I

        correct?                                          1      would not have done it?

                                                                          MR OLSEN: Object to the form of
 2              MR. OLSEN: Asked and answered.            2   A. Pretty -- pretty it would depend --
                                                                                     �-




     BY MR. BORGER:
 3              THE WITNESS : Asked and answered.         3                 .



 4                                                        4      the question --
                                                                                                                         I
                                                                          MR OLSEN: .- calls for
 5   Q. And the answer was yes, right?                    5               THE WITNESS: Yeah, it would -�
                                                                                                                         1
 7
 6   A. Well, it's in the book.                           6                 .




                                                                          THE WITNESS : Yeah, it calls for
     Q. Okay. Same thing with respect to                  7      speculation.

     A. Yes. I believe he had, what, five deferments
 8      Vice-President Cheney, correct?                   8
 9                                                        9      speculation. Very good, I - I --
                                                                                                -



10      from Vietnam, if I'm correct. And I think        10      generally, in public conversation I try not

                                                                          MR B ORGER: Okay.
11      his quote was he had other priorities. And I     11      to talk that way.


                                                                                                                         I
12      kind o f thought about that, so did every        12                 .



13      other drafted kid had other priorities, why      13   BY MR. BORGER:

                                                                                                                         I
14      do yO�l think they were drafted. How did he      14   Q . In private conversations is that a term that
15      get out of it?                                   15      you've used?

                                                         17
16   Q. Have you referred to President George W.         16   A. Private conversations are just that, private.
17      Bush in other terms than a chicken-hawk               Q . In private conversations have you called

     A. I don't know. I've called him Mr. President           A. In my entit'e life? Yeah, 1 probably have,
18      coward?                                          18      other people an asshole?

                                                              Q . In the Jast
19                                                       19
20      too. And I actually one time referred to him     20                 _N



21      when I met him that I thought he'd be a fun      21   A. There's got to b e someone in the world I've
22      guy to go out with fishing.                      22      called that to in private conversations in 60
23   Q . Okay. Have you called him a liar?               23      years.
24   A. Huh?                                             24   Q . Okay.
25   Q . Have you ever called him a liar?                25   A . Sixty-one years, I might add.

                                                                                38        ( Pages 1 4 9 to 1 5 2 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 40 of 84

                                             Page 1 5 3                                               P a ge 1 5 5 i

 1   Q . In the past 1 0 years have yml called other       1      behind at least 90 percent of all decisions
 2   , people an asshole?                                  2     made in government nowadays is money
 3   A. I can't remember.                                  3     decisions made.
 4   Q. Would it be far removed from your typical          4         And I would have the experience to know
 5      behavior in private conversations to have          5     that having been in the military, having been
 6      called someone an asshole?                         6     a civilian and having served twice as a mayor
 7              MR OLSEN: Object to the form of
                   .                                       7     and a governor, that I feel confident in
 8      the question, asked and answered, calls for        8     being able to say that most decisions made by
 9      speculation.                                       9     our government do fall under what Deep Throat

     BY MR. BORGER:
10              THE WITNESS: I can't answer it.           10     said in Watergate, follow the money, it'll

                                                                                                                     I
11                                                        11     generally lead you to your answer.
12   Q. When you finish up with the deposition today,     12         So I - yeah, that's a correct statement
                                                                                                               i
                                                                            -



13      is that what you're going to tell your wife       13     of how I feel.



                                                                                                                    I
14      about me?                                         14   Q. Okay.
15              MR OLSEN: Object to the form of
                   .                                      15   A. And, again, I disregarded -- I never have
16     the question. You don't need to answer that        16     said that George Bush did it to impress his
17      one.                                              17     dad 01' anything. I've heard that from many
18              THE WITNESS: rm not.                      18     other people. That's a sentiment that's out
19              MR. BORGER: Okay.                         19     there, but I've never adhered to that
20              THE WITNESS: But the answer is            20     sentiment. I don't think that played a role
21     no.                                                21     in it.
22              MR. BORGER: I appreciate that,            22   Q. Okay. And this section of your book states,
23      Governor. Thank you.                              23     "I've heard people say W did it ultimately to
24              (Exhibit DX-55 marked                     24     impress daddy."


                                                                                                             156 1
25              for identification.)                      25   A. True.
                                             Page 1 5 4                                               Page

 1              THE WITNESS: I didn't realize we           1   Q. SO you l'aise that issue as something that

     BY 11R. BORGER:
 2     were here for my book, one of my books.             2      othe1' people have said?
 3
                                                                  saying but I don't necessarily adhere to
                                                           3   A. Exactly. And that's why I m ake the point of
 4   Q. Showing you what's been marked as Exhibit 5 5,     4
 5     do you recognize that as page 26 1 from your        5      that, because I because -- "He could seize
                                                                                 �-


 6
                                                                  contemplate, Is it that? I don't know, I
       2008 book, Don't Stati the Revolution Without       6      initiative and do something his father didn't
7      Me!?                                                7

     Q. I'll call your attention to the first
 8   A. Yes.                                               8      seem always to go b ack to the old line
 9                                                         9      Deep Throat, follow the money. "
10     paragraph of that book --                          10   Q. Okay.
11   A. Uh-huh.                                           11   A . S o t o me that was much more than -- I -- I
12   Q. ofthat -- of that page. Are those words
        --                                                12      don't btlY into the fact that he did it just

                                                                  is out there, sure.
13     that you wrote?                                    13      to impress his dad, although that sentiment
14   A. No, Dick Russell wrote them.                      14
15   Q. Did he write them based '\.1pon things that you   15   Q . Okay. And what you specifically say about
16     had told him?                                      16      that is, as you've just read, "Is that it? I
17   A. Could have.                                       17      don't know. It That's there i n the book,

     A. Yes, they do, because I do not believe
18   Q. Do they reflect your sentiments in 2008?          18     correct?
                                                                                                                   l

                                                                                                                   I
19                                                        19   A. Yeah.

                                                               A . I don't know. You'd have to ask him why he      ·jl
20     George Bush went into Iraq to impress his          20   Q . Okay.                                           1

21     father. I -- as I state in this, I believe         21
22     that there's money involved.                       22      invaded Iraq. He made the decision. It
23        Because as I state, when Deep Throat            23      wasn't mine.
24     during Watergate always said follow the            24              (Exhibit DX-56 marked
25     money, and that's what I said, generally           25              for identification.)

                                                                                39    ( P age s 1 5 3 to 1 5 6 )
                          CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 41 of 84



                                                                                                                                                                                                                                                                                                                    I
                                                                                                            "              Page 1 5 7                                                                                                                                              Page

                      BY MR. BORGER:                                                                                                                                                                                        159
                      Q. Showing you Exhibit 56, do you recognize that
   1                                                                                                                                                        1               Q. Are those words for which you take
   2                                                                                                                                                        2                 responsibility?
   3                    as pages 1 17 to 1 1 8 of your 20 1 2 book                                                                                          3               A. Yes.
   4                    DemoCRlPS and ReBLOODlicans?                                                                                                        4               Q. Are you referring in that sentence to SEAL
   5                  A. Yes, I do.                                                                                                                         5                 activities in Iraq, among other places?

                                                                                                                                                                                                                                                                                                                 I
   6                  Q. And the title page of that book indicates the                                                                                      6               A. I'm referring to all SEAL activities and the

                      A. Y s.
   7                    author Jesse Ventura with Dick Russell?                                                                                             7                 method in which our government deploys them
   8                                   e                                                                                                                    8                 today --
   9                  Q. Is that the same process of writing with                                                                                           9               Q. Okay.
 10                     Dick R\.lssell that you've described earlier                                                                                       10               A. -- throughout the world.

                      A. Y s.
                                       e
 11                     today?                                                                                                                             11               Q. SO in Iraq as part of in the world?

                                                                  R E DACTED
 12                                                                                                                                                        12               A. Yes.
 13                                                                                                                                                        13               Q. In Afghanistan as part of in the world?
 14                                                                                                                                                        14               A. Yes.
 15                                                                                                                                                        15               Q. How long have you been of the opinion that
 16                                                                                                                                                        16                 SEALs are forced to be part of illegal
 17                                                                                                                                                        17                 gangland operations?
 18                                                                                                                                                        18               A. I don't know how long, but it comes down to
 19                                                                                                                                                        19                 declaring and undecIaring wars and going into
 20                                                                                                                                                        20                 countries where we're not at war and very


                                                                                                                                                                                                                                                                                                                I
 21                                                                                                                                                        21                 clandestine operations that go along
 22                                                                                                                                                        22                 throughout the world.
 23                                                                                                                                                        23               Q. SO it would go back to the start of the

                                                                                                                                                                                                                                J.."I
                                                                                                                                                                                                                                                                                                                1
 24                                                                                                                                                        24                 second Iraq Wal'lmdel' George W . Bush,
 25
1-                   Q. Did you approve, before publication, whatever                                                                                      25                 correct?
       ------                    ---                         -------                                                -          -+-
                                                                                                                   - ---- ---------------- -----1 '
                                                                                                                                          -
                                                                                                                    p ag e 1 5 S          p a g e l 60

                                                                                                                                                                                                                                                                                                                \
     1                   was written for publication in this book?                                                                                          1               A. Oh, it could -- it could go back even farther
                                                                                                                                                                                                                                                                                                                !
                                                                                                                                                                                                                                                                                                                 1
     2               A. SlIl'e.                                                                                                                             2                  than that.
     3               Q. Okay.                                                                                                                               3               Q. Okay. But at least to the invasion ofIraq
                                                                                                                                                                                                                                                                                                                j
                                                                                                                                                                               in 2003 01' thereabouts?
                                                                                                                                                                            A. In the -- I think that this -- let me read --
                                                                                                                                                                                                                                                                                                               1
     4               A. Yes.                                                                                                                                4
     5

                                                                                                                                                                                                                                                                                                               'ji
                     Q. SO whether it was originally written by you                                                                                         5
     6                  01' it was written by Dick Russell based upon                                                                                       6                  let me reread this and what we're talking
     7                  things that you told him 01' written by                                                                                             7                  about here. (Reviews document.) "Couple

                                                                                                                                                                                                                                                                                                                I
     8                  Dick Russell based upon things that he                                                                                              8                  this with the vast incl'ease in our capacity
     9                  thought you would say, ultimately --                                                                                                9                  for surveillance and remote control killing,

                                                                                                                                                                                                                                                                                                               I
    lO               A. I had ultimate approval, sure.                                                                                                     10                  and we've entered a velY dangerous realm
    11               Q. All right. And, ultimately, you own the                                                                                            11                  where constitutional rights become
                                                                                                                                                                                                                                                                                                                !
                                                                                                                                                                                                                                                                                                               I
    12                  words, right?                                                                                                                      12                  essentially meaningless." I think what I'm
    13               A. He does too, because his name is on the book                                                                                       13                  getting to there is the ability for the
                                                                                                                                                                                                                                                                                                               I
    14                  also.                                                                                                                              14                  president to kill people like he did with the
    15               Q. Let me rephrase it.                                                                                                                15                  drone where he killed an American citizen
    16               A. We're coauthored.                                                                                                                  16                  with no tdal. See, the problem I'm having
    17               Q . Ultimately, you take responsibility for the                                                                                       17                  is there's no trials fot' any o f these people,
    18                  words that appeal' in your book?                                                                                                   18                  many of these people that are being killed,
    19               A . Ultimately, I'd probably have to.                                                                                                 19                  they're not getting their day in court and
    20               Q. Do you see there at page 1 1 8 right after the                                                                                     20                  it's not part necessarily o f a ·war.
    21                  single-spaced quotation, the sentence, "It                                                                                         21               Q. Okay.
    22                  pains me that the SEALs today" - - "are today                                                                                      22               A . I guess the word terror encompasses it all,
                                                                                                                                                                                                                                                                                                               'J
                                                                                                                                                                                                                                                                                                                I
    23                  forced to be pat1: of an" -- "of illegal                                                                                           23                  but to me you can't just declare a war on

                                                                                                                                                                                                                                                                                                                I
    24                  gangland operations," close quote?                                                                                                 24                  terror and then ignore the Bill of Rights and
    25               A .. Uh-huh.                                                                                                                          25                  the Constitution as pat1: of it. We're not --
 '·r�._'''''     .
             _ -·,"     '   '   '' -.•, ""' -_ =..,-_ _ = �
              _ _ . ,,', ,'_·-·'" ''''- ' ..
                                      ,''               _        "" ""." .. ,,, ,•..,,,._,� ,--""',.,.,"" o,,,
                                                                                    "" ,       _                          '"" .'.,..... ..",.,.,.,.." .,,.,.. ""' ,,.,,. ,,,_ = .., .,."'".,',..... .. , ..,.-,"'., ,_,... .. , ,. .,,.."" �... ,. -" . , _�.....'-.=..." ="""." "= """... ..."""..".,.. ""',.,,J
                                                                                                                  " -"' ,... '-0.- ...
                                                                                                                                     ""                         "", ,,", =             ,  .
f..-_--;,;""'.. ''''''''''''''''='''',,,-...." =,.,-.,.=."..",.'",, ...., _ _.-,"""',,,"'",""="""" -,.."",_,..,,""""'=_"""""" ,.=="'""'" ,,,,_,.... ,,,",,., = ,,,,'.". ,,,.,...,-.. .==""'""'"',,,,""',"'._ ," ... ,.""""'..".""-,-,=.,." _"""'""..... ,.-" ."- =" .....""' ".,_ .. c.... , ..'.. ·,j
                                                                                                                                                                                                                  ... "                  ""'     -
                                                                                                                                                                                                                                                 _                                 "" .                ."-:
                                                                                                                                                                                                                                                                                                        .




                                                                                                                                                                                                                    40             ( Page s 1 5 7 to                                            1 60 )
        CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 42 of 84

                                           "     Page 1 6 1                                                 Page

  1         we don't follow it much anymore.                      1             (Video clip stopped.)
  2    Q.     Okay . I'm going to play some other stuff and       2  BY MR BORGER:
                                                                            .



  3         again direct your attention to the monitor            3  Q. Okay. Is "" is that you on the video?
  4         here.                                                 4  A. Yes.
  5                 MR. OLSEN: Before you do that,                5  Q. Along with Piers Morgan?

                                                                  7
  6         it's almost 1 o'clock, al'e we going ""               6 A. Yes.
  7                 THE WITNESS: Play it.                            Q. Do you recall when that particular interview
  8                 MR. OLSEN: I was going to say,                8     OCCUlTed?
  9         are we going to break for lunch soon? Itls            9  A. No. I would assume it was this year, though,
 10         almost 1 o'clock.                                    10     because of what I'm "" the thing I'm wearing
 11                 MR. BORGER: We can break for                 11     aroulld my neck, my wife bought it for me in

                                                                        broke. So I can see that I had it on. And I
 12         lunch at any time that you want.                     12     Mexico last year, and then it just recently
 13                 MR. OLSEN: Is this going to take             13
 14         long?                                                14     never took it off when I got it, so I would
 15                 MR. BORGER: I'm trying to think              15     guess it's this year.
 16         how long this - - this is -- this is pretty          16  Q . Okay. The source from which we obtained it
 17
                    MR. OLSEN: Okay. Let's do this                      occurred on June 1 1 th, 20 12. Would that be
            short.                                               17     indicates that it was an interview that
  18                                                             18
  19        one.                                                 19     consistent with your recollection?

                                                                                                                          1
  20                (Following is a transcription of             20  A. Yeah, I think it would be close, close
  21                a video clip being played.)                  21     enough.

                                                                                                                   ---I lj
                    UNIDENTIFIED S PEAKER : (InaUd i ble) 2 2                             '
  22                                 �                               Q ' Now, the statements that Yo u nlake on th i S
  23        conspiracy theories in the book, as some             23     show --
  24
   ____     would say, you would argue that they are
                    __                     _                     24  A. Uh-huh.


                                                                                                                          I
  25        factual assessments of issues, one of which
                  _                     _
                                                                 25  Q. -- are those statements that you believed at
1-__                         _______.:...,            ________-I-__--=:�__________________::".._________
                                                 Page 1 62                                                         1 64

                                                                                                                     j
                                                                                                            Page

  1         is you called Iraq and Afghanistan the wars        1       the time you made them?
                                                                                                                    I,
                                                                    Q . Okay. Are they statements that YOll believe
  2         that are the first contract wars, so the           2    A. Yes.
  3         government hired corporations through the job      3                                                    1.

                                                                                                                    I
  4         of our troops paying them a lot mOl'e than         4       today?

                                                                                                                    1
  5         they would pay the troops. Explain what you        5    A. Yes.

                                                               7               11R. BORGER: We can break if you
                                                                                                                          II
  6         mean by that.                                       6   Q. Okay.
  7                  MR VENTURA: Sure. Well, you've
                       .




                                                                               THE VIDEOGRAPHER: We are going i
                                                               8       want.

                                                                                                                          1
  8         got all these contractors, former U.S.

                                                                       off the record at 12: 54 p.m.
  9         militaty special forces people, they realize       9
 10         they can get paid a whole lot more money to       10
 11         be a private contractor than what the             11               (Whereupon, a lunch recess

                                                                                     R E DACTE D
 12         militaty pays them, so they leave om              12               was taken.)
 13         militaty in droves and go to like black           13
 14         water I don't know what they cal!
                  --                                          14
 15         themselves now, they change their names           15
 16         around, and they go over there and theire         16
 17         nothing but cowboys. They don't "" they           17

                                                                                                                          '1
 18         don't fall any -" under any of the !'Ules of      18
 19         war, they're mercenaries, and that's what         19
                                                                                                                          j
                                                                                                                          '
 20         welre turning into today. OUl' "- out'            20
 21         military has turned into contract killers         21
 22         now, contract for hire, you know, and welre       22
 23         using them more and more and they're very         23
 24         much more expensive when you go to war to         24
 25         hire them than to use the regular military.       25

                                                                                    41    ( Pages 1 6 1 t o 1 6 4 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 43 of 84


                                             Page 1 6 5

                      R E DACT E D
                                       ,.                                                              Page 1 6 7 !
                                                                                                                  I
                                                                                                                  I
                                                                                                                      I
 1                                                          1   Q. And then your answer was an objection and
 2                                                          2     then a response to see responses to
 3                                                          3     Interrogatories 7, 8, 9 and 1 0 . Do you see    I
                                                                                                                  !


                                                                                                                  I
 4                                                          4     that?                                           ,

 5                                                          5   A. Okay.
 6                                                          6   Q. Now, take whatever time you need to go back ,1
 7                                                          7     through those responses to 7, 8, 9 and 1 0,     I
 8                                                          8     but I will tell you that as I reviewed them,
 9                                                          9     I don't see any specific individual that you

                                                           11
10                                                         10     identify as having altered his 01' her opinion
11                                                                about you in a negative fashion as a result
                                                                                                                 I
                                                                                                                  I
                                                                  take whatever time YUll need to go back
12                                                         12

                                                                                                                  1
                                                                  of the statements i n the book. And you can
13                                                         13
14                                                         14     th1'o\lgh and see whether you can identifY

                                                                A. You identified one today, Greg McPartlin. On
15                                                         15     within those responses anybody --

17
16                                                         16

                                                                                                                  !
                                                           17     your tape that you showed me where he
18                                                         18     responded and said, "If ! would have had

                                                                                                                  I
                                                                                                                 I
19                                                         19     heard him say that, I would have hit him


                                                                                                                  I
20             THE VIDEOGRAPHER: We are back               20     too. \I So there's one on your videotape that


                                                                                                                  !
21     on the record. This is the continuing               21     you played for me today, McPmtlin stating
22     videotaped deposition of Governor Jesse             22     that, "Had I heard him say those statements,
                                                                                                                 I
23     Ventura being taken on November 1 2th, 20 1 2 .     23     I would have hit him too."
24     The time now i s 2:09 p .m.                         24   Q. I don't intend to get into any sort of        I

25   BY MR. BORGER:                                        25     argument with you back and f01ih -.

                                                                                                      Page 1 68
                                                                                                                  I
                                            P a ge 1 6 6

                                                                A. Well, I don!t know, YOll asked me, I tried to
       Exhibit 4O.                                                                                                I
 1   Q. Governor Ventura, referring you back to             1

                                                                                                                  I
 2                                                          2     answer.

                                                                  response. Is there anything else that you      �
 3   A. Forty?                                              3   Q. And I appreciate your answer and your
                                                                                                                 ,
 4   Q. FOIty. One of the questions that you were           4
                                                                                                                 1
                                                                                                                  !




                                                                                                                  I
 5     asked in those interrogatories was to                5     would add in terms of specific individuals

 7
 6                                                          6
                                                                                                                 I
       identify each person who had stated or                     that you encountered or have heard about who
       otherwise indicated to you �-                        7     thought less of you as a result of the
                                                                                                                 j
                                                                           MR. OLSEN : Is your question you
 8   A. There we are.                                       8     statements in the book?

10
                                                                                                                 I
                                                                                                                  I
 9   Q. This is on page 2 1 .                               9
     A. Page 2 1 ?                                         10     want him to read 7, 8 and 9 and tell you if
                                                                                                                 I

                                                                                                                  !
11   Q. Vh-huh.                                            11     there's anything in there, or do you just

     Q. Down at the -- Interrogatory Number i i -A, yon         BY MR. B ORGER:                                   I
12   A. Okay.                                              12     want him to tell you does he know of anyone?
13                                                         13
14     were asked to, IIIdentify each person who has       14   Q. You can take it in two steps if yoll choose.

                                                           16
15     stated or otherwise indicated to you that he        15     My -- my question basically is going beyond

17                                                         17
16     or she held you in a position of ridicule,                 Y0ll!' answers in the interrogatories in which
       contempt, distrust or disgrace or thought                  I detect no individual who has thought less
18     less of you or altered his or her opinion of        18     of you that you've identified in connection
19
                                                                  add at this time beyond Mr, McPattlin in your
       you in any negative fashion,1\ as a result of       19     with the book, whether you have anything to
20     becoming aware of the various statements that       20
21     are at issue that you attdbute to                   21     pdor answer.
22     Chris Kyle. Do you see that question?               22   A. Of people who have, because of this book, had
23   A. That's InterrogatolY Number I i?                   23     a negative opinion of me?
24   Q. Eleven A, yes.                                     24   Q. Yes, sir.
25   A. Eleven A. Okay.                                    25   A. Whew. Let's see, that would -- because of --

                                                                                    ( Pages 1 6 5 to 1 6 8 )
                                                   .'w




                                                                               42
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 44 of 84

                                            ..           Page 1 6 9                                                Page   171 '

       because of what Kyle said and on TV who
                                                                       2
 1                                                                     1   Q.  Favorable, 29 percent, cOl'1'ect?

 3
 2     would have a negative opinion of me.                                A.   Yes.
       Bill O'Reilly, I imagine would have a                           3   Q.  Unfavorable, 5 8 percent?
 4     negative opinion of me. Opie and Anthony as                     4   A.  Yes.
 5     a result of what he said would have a                           5   Q.  Not sure, 1 3 percent?
 6     negative opinion of me. I was -- the last                       6   A.  Yes.

                                                                       8                                                            I
 7     time I went out, Howard Stem asked me about                     7               (Exhi bit DX-58 marked

                                                                       9                                                      !
 8     it, Mancow in Chicago asked me about it, and                                    for identification.)
 9     so did Chad Hartman here locally asked me                           BY MR. BORGER:
                                                                                                                              !
                                                                                                                             !f
10     about it.                                                      10   Q. I'm showing you what --
11   Q. Are people who have asked you about the                       11               THE WITNESS: David, why would
                                                                                                                             I
                                                                                                                                I
                                                                                                                                I
12     incident?                                                      12      this poll b e done and include me when these
13   A. Well, they've asked me what the story i s on                  13      are all current, elected people and I've been  I

                                                                                                                             !
14     it, did I say what Kyle alleged I said.                        14      out of office for a decade?                    I
                                                                                                                             !
15   Q. And did any of those individuals specifically                 15               MR. OLSEN: Just let him ask the

                                                                      17
16     tell yO"lI that they thought less of you                       16      questions.                                     ,
                                                                                                                             !



                                                                      18
                                                                                                                                II
17     because of the --                                                               THE WITNESS: Okay.

                                                                      19
18   A. No.                                                                BY MR. BORGER:
19   Q. -- those statements?                                               Q . Showing you what's been marked as Exhibit 58,
                                                                                                                             I
20   A. No.                                                           20      do you have that in fl.·ont of you?

                                                                                                                             I
21   Q. Has anyone said to you they think less of you                 21   A. Yes.                                           !

                                                                      23
22     because of the statements in Chris Kyle's                      22   Q. Do you see that that self-identifies a s a
23     book or the interviews he gave that are                                public -- public -- Public Policy Polling
24     identified in your Complaint?                                  24      release dated October 8, 20127


                                                                                                                                1
25   A. Off the top of my head, I -- I couldn't                       25   A. Uh-huh.

                                                         Page 1 7 0                                               Page    172



 2
 1
        got any job offers in the last year� which
        answer that today. I don't know. I haven't                     1   Q. Now; turning your attention to page 3,
                                                                                                                             ]
                                                                                                                                I
        normally I get.                                                3                                                    j
                                                                       2      question 1 6 on the right-hand side, do you

                                                                                                                            j
 3                                                                            see that the question again was asked, "Do

                                                                                                                                I
 4              (Exhibit DX-57 marked                                  4      you have a favorable or "unfavorable opinion

     BY MR. BORGER:
 5              for identification.)                                   5      of Jesse Ventura"? Do you see that?
                                                                                                                            i
                                                                                                                            l
 7                                                                     7
 6                                                                     6   A. Yes.                                          .�
     Q. SO this is Exhibit 57. Does that                                   Q. And do you see that the favorable response is !!
 8      self-identify on the first page as a                           8      29 percent?                                    j

 9      Public Policy Polling release dated June 6th,                  9   A. Yes.
10      201 1 ?                                                       10   Q. Do you see that the unfavorable response is
11   A . I guess that's what it is.                                   11      5 3 percent?

13
                                                                                                                                I
12   Q. I take it you've never seen this palticular                   12   A. Yes.

     A. I don't believe 1 have, no. No, I have not.
        document before� correct?                                     13   Q . Do you see that the not sure response is
                                                                                                                            I
14                                                                    14      1 8 percent?

                                                                           Q. Governor Ventma, do YOtl have any                 I
15      And this came out what year?                                  15   A. Yeah.

17
16   Q. It's dated June 6th, 20 1 1 .                                 16
     A . Two thousand eleven?                                         17      explanation, assuming if these public --
18   Q. rm going to call your attention to the                        18      Public Policy Polling results are accurate
19      second page with question number 8 on the                     19      and reliable� why your favorable ratings
20      left-hand side.                                               20      remained the same between June 1 Ith and
21   A. Dh-huh.                                                       21      October -- June -- June -- excuse me� June of

                                                                      23              MR. OLSEN: Objection --
22   Q. Do you see that it asks; "Do you have a                       22      201 1 and October 0[ 20 1 2?
23      favorable or unfavorable opinion of
24      Jesse Ventura"?                                               24              THE WITNESS : What's your
25   A. Yup.                                                          25      question?

                                                                                          43
                                    " cc" .,","" """ -




                                                                                                ( Pa g e s 1 6 9 to 1 7 2 )
        CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 45 of 84

                                                   Page 1 7 3                                                    Page 1 7 5   !
   1                  MR. OLSEN: Objection; lacks                1     the question.


       BY MR BORGER:
   2     foundation.                                             2             THE W ITNESS : No.
   3              .                                              3   BY MR. BORGER:
   4   Q. Do you have any explanation why your                   4   Q. Do you have any surveys or any other evidence
   5     favorable ratings stayed the same between               5     that would contradict t hese --

                      MR OLSEN: S ame objection.
   6     those two --                                            6   A. Yeah, I do.  I have one from 1998 where I ran

                                                                       approval rating, and my two opponents got 34
   7                      .                                      7     in a statewide election and got a 37 percent
   8                  THE WITNESS: No, I didn!t do the           8
   9        poll s, I donlt know who conducted the poll, I       9     and 28 respectively, and I became the
 10         don't kno,Y who was asked, I have no knowledge      10     Governor of Minnesota o n a legitimate
 11         of these polls whatsoever to be able to offer       11     �lection. That is the only polling that I've


                    MR BORGER: Okay.
 12         any opinion on them whatsoever.                     12     ever done i s to run for el ection.
 13                       .                                     13       And then I -- there was another case in

       Q. Do YOll have any opinion or basis for
 14    BY MR. BORGER:                                           14     1990 where I ran for muyor of Brooklyn Park,
 15                                                             15     Minnesota, and I won 67 percent to 3 3 percent
 16         forming an opinion as to why, assuming these        16     in voting. And that's really the only polls

            your l.mfavol'able ratings actua lly went down
 17         Public Policy Polling results are reliable,         17     that matter is when people go out and cast
 18                                                             18     their vote for you.
 19         between Jtme of 20 1 1 and October of 20 12?        19        So those are the only two that I can -- I

                                                   politica l endeavors. I h ave never put faith
 20                   MR. OLSEN: Object to the form of          20     have never used polling in any o f my
 21         the question.                                       21
 22                                                             22
                                                   in polling in my po litic al endeavors, and so,
                      THE WITNESS: I didn't participate
23  in the po ll. I know nothing about it. How 23  therefore, I don't look at them and I tend to

                                                                                                              produces.       I
24  could I possibly answer that question? You 24  ignore polling. l ean only go by what actual


                                                                                                                              1
25  can get any result you want from a poll, I 25  elections produce, not what a poll
�----�      �     --�------------+---             ----�--          --------�--                   --� ,


                                                                                                       the --
                                                   Page 1 7 4                                                    Page 1 7 6

  1
  2
         know that much. Whatever you're seeking, you            1   Q. SO in you r opinion, a t least,                       I
            can go get. Never used them myself. When I           2   A. I think I'm much more -- I think that
  3         ran in any of my elections, never used               3     politic aliy I might be -- I don't know.

                                                                                                                    those
  4         polling.                                             4      Again, I'm not popular with Democrats or


       Q. And the paliicular statements in Chris Kyle's                                                                       I
  5    BY MR. BORGER:                                            5      RepUblicans. And if you count both of
  6                                                              6      bases, that would probably explain the

            and on the O'Reilly Factor, all occurred in
                                                                                                                              I
  7         book and on the O pie ." Opie & Anthony Show         7      polling results. If you look at the
   8                                                             8      statistics of whose independent, whose        .


                                                                                                                              I
   9        Januaty of20 12, correct?                            9      Republican and ·whose Democrat, they kind of
 lO    A.    I -- yes, I guess so.                              10      add up to roughly what these polling results
 11    Q. Okay. And that is a date between the dates            11      state .
                                                                                                                      1,
 12      of these two Public Policy Polling releases            12   Q . Are you fam i l ial' at all with the work of


       A. Uh-hu h. How many Republicans and Democrats
 13      and results, correct?                                  13      Public Policy PoIling?
 14                                                             14   A. No.
 15      were polled?                                           15   Q. Okay.

                                                                17
 16    Q. Do you see that on the face of those two              16   A. Never used it, never have run nor even
 17      releases, that these are polls of Minnesota                   con sidere d it.
 18      residents?                                             18   Q . SO yo u would have neither a h igh nor a low

                                                                       organ ization, correct?
 19    A. That's what it says.                                  19     opinion o fthat particular pol l ing
 20    Q. Okay. Does a comparison of those two surveys          20
 21         suggest to you that Minnesotans' opinions of        21   A . No, do n't know a thing about it.
 22         you became less unfavorable between June of         22   Q . Okay. So my -- my statement is basi cally
 23      201 1 and October of 20 1 2?                           23     correct?
 24    A. No.                                                   24   A. I don't know.
 25                   MR. OLSEN: Object to the form of          25   Q. You have no opinion, is what my statement

                                                                                       44   ( Pages 1 7 3 to 1 7 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 46 of 84

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     A. I don't base my opinion on polling.                                                                    !
                                                           3
 2                                                         2

                                                                                                               I
 3   Q. Okay.

                                                                                                               I
 4   A. IfI did that I would have not probably never       4

                                                                                                               I
 5     won an election. Because after all, when I          5
 6     ran for governor I was only polling                 6                                                   I
                                                                                                               ,
 7     10 percent at the primary.                          7
                                                           8
       a few minutes ago that YOll haven't received
 8   Q. Let me get back to a statement you made just
 9                                                         9
10     any new job offers in 2012.                        10

                     R E DACTE D
11   A. Right.                                            11

13
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     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 50 of 84


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                                                               50   ( Pa g e s 1 9 7 t o 2 0 0 )
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 1                                                          1
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 2                                                          2
                         R E DACTE D                            A. No, 1 have not.

 3                                                          3   A. I - or Skyhorse, the girl that 1 -- works
                                                                Q . You kind of track that for yourself?

 4                                                          4
                                                                     -




 5                                                          5
                                                                   with me there on publicity might call me to

 6                                                          6
                                                                   tell me, "Well, we're stich and such, we're

 7                                                          7
     Q. Okay. Have any OfyOlli' books appeared o n the             number six," you know. And that generally

 8                                                          8
       best seller lists?                                          happens during when you're doing a hard

 9                                                          9
     A. All of them.                                               publicity tour on it.

10                                                         10
     Q. Okay. What is the highest position on any               Q. Okay. In the first few weeks?

11                                                         11
       best seller list that any ofyour books has               A. Exactly. There's a lot of books out there.

12                                                         12
       achieved?                                                   You don't stay there long. Us\\811y. I mean,

13                                                         13
     A. One or two that I recollect, except for my                 some books do. YOll know, some h ave had the

14                                                         14
       last book that was published this spring                    ability to do that. But, generally speaking,

15                                                         15
       didn't do nearly as well.                                   if you make it for a few weeks, you're doing

16                                                         16
     Q. How long -- how many weeks was any ofyoUl'                 okay, because there's a lot of books out

17                                                         17
       books on the number one 01' number two                      there.

18                                                         18
       position�"                                               Q. And have any ofyolll' books been on the

19                                                         19
                                                                   New York Times best seller list for more than I
                                                                                                                 !
     A. I don't know.

20                                                         20                                                    !
     Q. -- on the best seller list?                                four or five weeks?

21                                                         21
                                                                                                                     I
     A. I don't know. Ijudge it by the top ten.                 A. I don't know. I think so. My earlier ones

22                                                         22
       You make the list if you get in the top ten,                were. I think one of them was seven 01' eight

23                                                         23
       that's what I look at. I don't look at what                 weeks, ifT recollect right.

                                                                                                                     I
                                                                                                                     I




24                                                         24
       order I am on the list ever, just whether I              Q. SO seven or eight weeks would have been

25                                                         25
       made it 01' not.
                                                                   performance on a New York Times best seiler 1
                                                                                                                 \
     Q. Now, I thought you told me that it had -- at
                                                                   the -- as far as you can remember, the best


                                            Page 2 0 2

 1
                                                                                                      P a ge 2 0 4



 2                                                          2
        least one of your books had achieved a number       1     list?

 3                                                          3
        one position.                                           A. I don't know. I don't know. I don't watch

 4                                                          4
     A. A one or two. I -- I think the first book                 that close. I'm not 1 don't have that
                                                                                     --




 5                                                          5   Q. And that would have been Ain't Got Time to I
        did --                                                    type of time to look at the list every week.

 6                                                          6
     Q. Okay.

 7
     A. -- Bleed.
                                                            7
                                                                  Bleed?
                                                                                                                     !
 8                                                          8                                                    i
     Q. Have any ofyour books since Bleed achieved a            A. It could have been any of them except the     I
                                                                                                                 1
 9                                                          9
                                                                                                                     I
        number one best seller position?                          �� on�

10                                                         10   A. It could be.
     A. I couldn't tell you. All I know is they've              Q. More than likely it was the first one, right?

11                                                         11
        all made -- the way they define -- if it's

12                                                         12
        called a New York Times best seller, all YOll           Q. That, again, has been your most successful

13                                                         13   A. Yeah. It was also with the biggest publisher
        have to do is make the top ten and then you               book?

14                                                         14
        can use the title New York Times best seller

15                                                         15
        if you make the Times top ten.                            too, which certainly helps.

16                                                         16
     Q. Okay. And -                                             Q. And patt of that decision was your own to go

17
                     -




                                                           17
     A. And they all have.                                        w ith a smaller publisher?

18                                                         18
     Q . And aU ofthem up until this last one in two            A. No. No, not -- no, not really. After in
                                                                                                       0-




19                                                         19     Bleed and Do I Stand Alone?, 1 went a period
        thousand                                                  fact, after - - interesting, after -- after

20
                --




                                                           20     of not writing. And then when 1 did decide
     A. The last one may have made it, but it didn't

21                                                         21
        make it as high and it certainly wasn't there

22                                                         22
        as long and its sales have not been as good               to write, it was when her and I took the trip

23                                                         23
        as aU the ones prior to it.                               to Baj a for the first time, which is

24                                                         24
     Q. Have you received statements from yoUI'                   Revolution, when we wrote about our tt'ip

25                                                         25
        publisher that indicate where on the best                 there driving down there the first time. And
        seller list each of your books has landed?                then of course it was published and went o ut

                                                                               51   ( Pa g e s 2 0 1 to 2 0 4 )
       CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 53 of 84



  1                                                             1                      R E DACTE D
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  2     where was I going now w ith that, with what I           2

                                                                                                                          I
        a couple -- a year or two later. And --

  3                                                             3
  4                                                             4
        was talking about there?

  5                                                             5
      Q. The question had to do with the switch from a

  6                                                             6
        majol' publisher to Skyhorse.

  7                                                             7
      A. Oh, yes. When -- when -- when Dick and I

  8                                                             8
        wrote Revolution, we wrote it without having

  9                                                             9
        a publisher. We got together in Mexico and

 10                                                            10
        wrote the book down there with the idea weld

 11                                                            11
        finish -- we'd fmish the entire manuscript

 12                                                            12
        of it and then we would bring it up and

 13                                                            13
        attempt to sell it. And we were -. we were

 14                                                            14
        turned down by a great deal of publishers, a

 15                                                            15
        large number of them, until we finally found

 16                                                            16
        Skyhol'se that would publish it, and so we

 17                                                            17
        decided to go independent.

 18                                                            18
      Q . Your first book, Ainlt Got Time to B leed,

 19
         came out under the Villard informator which

 20                                                            20
                                                                                                                          II'
         is one of the Random House --                         19

 21                                                            21
      A. Correct.

 22                                                            22
      Q. -- prints, right?

 23                                                            23
      A. Yup.                                                       Q. Which of your books fall in that category?


 24                                                            24                              I
      Q. And Random House turned you down for your                  A. The last two.


 25   A. I donlt know if Random House did. 1 can't             25                              I
        third book?                                                 Q. You basically   p�

                                                         A. It was American Conspiracies and
�--------------------------            ------------4---------------------��-------------- !  �
                                                                                                                          I

  1
                                                  Page 2 0 6                                                Page 2 0 8



  2                                                             2                      R EDACTED
        tell you specifically who. But after my                 1     DemoCRIPS and ReBLOODlicans.


  3                                                             3
        second book, they owned the option on any

  4                                                             4
        more that I wrote and they had the option of

  5                                                             5
        picking up whatever my second publisher was,

  6                                                             6
        and they chose not to exercise that, so                     Q. Okay.


  7                                                             7
        that's when we went out and found our O'wn,                 A. One of them was for sure.


  8                                                             8
        which was Skyhorse. And I've been very happy                Q. And what you're bringing to those books,


  9                                                             9                                                         I
        with them because they -- they will                           essentially, is your name?


 10                                                            10
                                                                                                                          !
        enthusiastically get behind books of my                     A. And -- and my opinion at portions of the


 11                                                            11
        nature. They do Fletcher Prouty's books,                      book, If you look at American Conspiracies,


 12                                                            12     I read into the conspiracy and what I get           '1
                                                                                                                          I
        they do a lot of the books that many of the                   I give you an opinion on ever), chapter of how

 13                      R E DACTED                            13
        mainstream won't touch.

 14                                                            14
                                                                      [!'Om it.

 15                                                            15
                                                                    Q. SO Mr. Russell does the basic digging and    -­




 16                                                            16
                                                                    A. Oh, Dick does all the research.

 17                                                            17
                                                                    Q. Okay.

 18                                                            18
                                                                    A. That's his forte. He's great. We make a


 19                                                            19
                                                                      good team.


 20                                                            20
                                                                    Q. SO the pieces of those two books that are


 21                                                            21
                                                                      summarizing or describing things that other


 22                                                            22     Mr. Russell's research, correct?
                                                                      people have said, would come from


 23                                                            23
 24                                                            24
                                                                    A. Absolutely.

 25                                                            25
                                                                    Q. You aren't doing any of that original
                                                                      research yourself?

                                                                                   52       ( Pa g e s 2 0 5 to 2 0 8 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 54 of 84



                                                                                                                    I
                                            Page   209                                               Page    211


     Q. And the patts of those two books that go
 1   A . No.                                              1   A. No, Julie Ann Mooney.

                                                                                                                   II
 2                                                        2   Q. Julie Ann, right.
 3      into opinions or commentary upon the facts,       3   A. Well, she really wasn't a coauthor. I gave
 4      would largely come from you as opposed to         4     it to her on the second one out of -- because
 5      Mr. Russell?                                      5     I felt she deserved the notoriety for the

                                                          7
 6   A. No.                                               6     work she did with me rather than simply not
 7   Q. Oka�                                                    having her name on the book at all. I was

                                                                Do I Stand Alone?, because I wanted her I
 8   A. They could come from him, but I would read it     8     the one that insisted that her name go on

                                                                felt it would help her. If she were
 9      and see if it fit into my when you get a
                                  .�                      9                                            --



10      writer like that, they they're generally
                             _.                          10

                                                                help her career. And I - I found hel' to be
11      pretty good when they're with you a while at     11     associated with a successful book, it could
12      being able to think what you would think, or     12                            -



13      they get to know you and they know your          13     a -- terrific at what she did and any way I
                                                                                                   .
14      persona a little bit and s o they'll write       14     could help her I would.
15      accordingly if they're good. And Dick is         15   Q. And back in 1999 you had a book called

                                                         17
16      good.                                            16     The Wit and Wisdom of Jesse The Mind Ventura

                                                         18
17   Q. That's a little scary proposition sometimes,            with Jessica Allen; is that correct?
18      isn't it, that somebody knows you that well?          A. With who?

                  MR , OLSEN: Object to the form of
19   A . No.                                             19   Q. Jessica Allen.
20                                                       20   A. (Shakes head.)
21      the question.                                    21   Q. Is that something -- is that a book that you

     B Y MR. BORGER:
22                THE WITNESS: No.                       22     had anything to do with?
23                                                       23   A. No.

        not something ascribed to somebody else in
24   Q. Whatever appeared in these two books, that is    24   Q. Okay.
25                                                       25   A. No.
                                            Page   210                                               Page    212
 1      the research, i s something that whether it       1              MR OLSEN: That wasn't an
                                                                           .



 2      originated with Dick Russell or with you,         2     authorized book.
 3      it's something that you -- it's an opinion        3              THE WITNESS: That was an
 4      that you share, right?                            4     unauthorized book.

                                                          6
 5   A. I can't answer that unless I hear what you're     5              MR BORGER: That was an
                                                                           .



 6      talking about. You have to be way more                  unauthorized book.

        statement like that. YOll have to be
 7      specific than to ask me to commit to a blank      7              THE WITNESS: I had nothing     -­



 8                                                        8     that's why I gave you the fllnny look and
 9      specific.                                         9     going what book i s he talking about here? I

                                                                         MR. BORGER: Okay.
10   Q. In general, is there anything that you would     10     had nothing to do with the book.

        come out in a book with your name on it
11      have let pass that Dick had written and have     11

                                                         13
12                                            --         12   BY MR. BORGER:
13   A . It could. I t could.                                 Q. You're aware of the publication of that book,

     A . It could happen. I'm not perfect. And \vhen
14   Q. -- that you would not have approved of?          14     right?

        I proofread a book r don't know what I'm -       16
15                                                       15   A. Not particularly. I don't pay attention to
16                                             -                ones that I don't write.

                                                         18
17      yOll know, what has my mind at that time or if   17   Q. Was there ally litigation that you commenced
18      something could slip by me, certainly.                  related to that book?

        hundreds of pages. And many times when YOlL
19      Especially when you do books of multiple         19   A. Not that I know of.
20                                                       20   Q, Did you object to Jessica Allen assembling
21      do them and you're in Mexico and your mode of    21     your quotations or whatever she did --
22      communication i s very limited.                  22   A. I don't even know about it. I've never even
23   Q . Now, Mr. Russell has not been your only         23     read it.
24      coauthor, correct, you had the Janet Moore on    24   Q. Are you aware of a book, We shocked the
25      the ftrst couple of -
                         -                               25     World, A Case Study of Jesse Ventura's

                                                                               53   ( P a g e s 2 0 9 to 2 1 2 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 55 of 84

                                       ..   Page   213                                                     Page     215
 1     Election as Governor of Minnesota?                 1      01'   sixth grade student, and we wrote the book
 2   A. Who wrote it?                                     2      accordingly like that for that age group.
 3   Q. Iris Stephen Frank and Steven Chal'les Wagner.    3      And it was -- it was me hopefully educating
 4   A. Nope.                                             4      young people about, latter grade school to
 5   Q. Did you have any role in that book?               5      junior high, to government.

     Q. In 200 I there was a book published by
 6   A. No.                                               6    Q. Do you recall, in general, what your royalty
 7                                                        7      arrangement was on that book?
 8     Pocket Books, Do I Stand Alone?: Going to          8    A. I don't think I received a roya lty
 9
10
       the Mat Against Political Pawns and Media          9      a1'l'angement on that. I think that I did that
                                                                                                                          I
       Jackals. Is that a book that yon wrote or         10      for charity.
11     co-wrote?                                         11               THE WITNESS: Is that correct,
12   A. Yes.                                             12      David? I don't think I got paid foJ' it.

                                                                                                                          I
13   Q . Did you have a coauthor on that?                13               MR. OLSEN: I don't get to answer.               !


                                                                           MR. OLSEN: I just get to object.
14   A . The same Julie Mooney. That was the one I       14                THE WITNESS: Oh.
                                                                                                                          I
                                                                                                                          I
15      gave her credit for on the cover when the        15
16      first one I never did and I felt she eamed       16                THE WITNESS: O kay . I'm sorry to
17      it --                                            17
                                                                 about it than I do at this time. I just gave
                                                                 refer to you, because you probably know more
                                                                                                                          I
                                                                                                                          I
18   Q. Okay.                                            18

                                                                          MR. BORGER: l'1l put him under
19   A. - - and I wanted to help her out.                19      one --

                                                                                                                          I
20   Q. All right. And that process was what you've      20
21      described this morning, right, where you         21      oath.
22      would talk --                                    22               THE WITNESS; ljust gave one
23   A. Uh-huh.                                          23-     away, though.
24   Q. -- and she would kind of--                       24    BY MR. BORGER:
25   A . Record and write it down, exactly.              25    Q. When you say, "Gave one away�" you mean one
                                            Page 2 1 4                                                     Page     216
 1   Q. There was a book distributed by                   1       copy of that book?


                                                          3
 2      Ruminator Books in 2000, Quotations of            2    A. Yeah.
 3      Chairman Jesse. Did you have anything to do            Q. Okay.
 4
                                                                 donate to certain charitable events and
        with that book?                                   4    A. I get things in the mail now and then to

                                                          6                                                               I
 5   A. No.                                               5
 6   Q. Did you ever complain about that book being              things like that. And I have excess of that
 7      published?                                        7      book at home, so I've been using -- I've been
                                                                                                                          I
                                                                                                                          I
 8   A. No, I have never seen it.                         8      using that l ate ly to send to different
     Q. There was a book published in 2002,
        Jesse Ventura Tells It Like It Is: America's
 9                                                        9      ch arity donations, autograph it and send it

                                                                                                                          I
10                                                       10      off to them and then they raise money with
11      Most Outspoken Governor Speaks Out About         11      it, apparently.



                                                                                                                          I
                                                               Q. SO I take it you got a number of author's
13
12      Government. Did you have anything to do ,,,ith   12
        that book?                                       13      c opies was essentially your only p ayment fol'
14   A. Yes, I did.                                      14      that book?
15   Q . Okay. Coauthor Heron Marquez?                   15    A. I don't think I got p aid . I don't think I --
16   A. Yes.                                             16    Q. You were given copies, that was the only


     A. I think so.
17   Q . Did I pronounce that right?                     17      thing you received?
18                                                       18    A. Oh, I got copies of the book, yeah . That's
19   Q. Okay. Who was Mr. Marquez and how did you        19      about all I got for that book is I got
20     come to tell --                                   20      probably what's left over.

                                                         22
21   A. David could answer probably bettel' than me.     21    Q . Do n't Stali the Revolution was 2008 with
22     That was a book that he brought to me that                 Dick Ru s sel l. Two thous and te n, American
23     they wanted to do my interpretation of            23      Conspiracies, Lies, Lies and More D itiy Lies


                                                                 book, was that with Mr. Russell?
24     government for children i n school. So the        24      the Government Tells Us, another Skyhorse
25     book was done on a level for probably a fIfth     25

                                                                                 54    ( Pa g e s 2 1 3 t o 2 1 6 )
         CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 56 of 84

                                        ..    Page 2 1 7                                                     Page   219   !
                                                                                                                          !
        Q. Same general arrangement as you've described?
  1     A. Yes,                                             1      would be this year, the year before and the
  2                                                         2      year before. Actually, last year, the year             1
                                                                   be ' I I , ' 1 0 and 9 would be Conspiracy Theory.     I
  3     A. Yes,                                             3      before and the year before that, So it would

  5                                                                                                                       I
  4     Q, Any particular recollection on your patt as      4                                                             ,

  6
           to whether that spent any time on the            5   Q. In terms of yOUi' filmography

                                                                                                                          1
                                                                                                       --



           New York Times best seller list?                 6   A. My what?
  7     A . Yes, it did, Absolutely. All my books have.     7   Q. Your filmography, which is the term used by            1
                                                                                                                          !

                                                                                                                          1
  8     Q. Any -- any recollection of how long it was       8      the Internet Movie Database    .-



  9        on -
              -                                             9   A. Okay.
 10     A . No, no.                                        10   Q . -- it suggests that there's a completed
 11     Q . 01' whether it got to number one?              11      movie, but not yet released called,

 13                     R E DACT E D
 12     A. (Indicating,)                                   12      The Drunk.
                                                           13   A. That's correct.
 14                                                        14   Q. And you play the role of Governor Littleton?
 15                                                        15   A . That's correct.

                                                                                                                          I
 16                                                        16   Q. What studio is that coming out from?                   .
 17                                                        17   A . It was an independent. I don't know. I shot

                                                                                                                          I
 18                                                        18      i t in Terre Haute, Indiana.

                                                                                                                          !
 19                                                        19   Q. Okay. How long did it take for you to shoot

                                                                                                                          I
 20                                                        20      that?
 21                                                        21   A. A couple days.

                                                                                                                     1j.
 22                                                        22   Q. It was a small l'ole?
 23                                                        23   A. I didn't see the whole script, cOl.ddn't judge
                                                                                                                          J
                                                                                                                          1



                                                                                                                    �l!1
 24                                                        24      by it.
 25                                                      25     Q . It _dn' t ta ke       _o f _ thO Ug �
                                                                ��__d i______a lot __t ime ___�h'
�_    __________
                ____
                    ________
                            __
                              __________
                                                       4-  ____                   __
                                                                                            __
                                                                                                            ____
                                                                                                                __



                                                     21B
                         R E DACTE D
                                              Page                                                           Page 2 2 0

  1                                                         1     obviously?


                                                                                                                          1I
  2                                                         2   A. Huh?
  3                                                         3   Q. It didn't take a lot of your time?

  5                                                                               R E DACTED
  4                                                         4   A. A couple days.
                                                                                                                          1
                                                            5                                                             J
  6                                                         6
                                                                                                                          I,.
                                                                                                                          !
  7                                                         7   Q. And what year did you perform those services? .
  8                                                         8   A. Last year or the year before. Last year, I
  9                                                         9     guess.
  10                                                       10   Q. Okay. That would be 20 1 1 ?
  11                                                       11   A. I think. I don't remember.
  12                                                       12   Q. It indicates a TV series called Cubed,
  13                                                       13   A. Called what?
  14    Q, What films have you appeared in since 2004?     14   Q. Cubed.
' 15    A. I don't know. I can't remember. I don't         15   A. Cubed?
 16       keep track. Call the Guild.                      16   Q. Cubed, with you playing yourself in one
 17     Q, What has been your most successful movie or     17     episode --
 18       acting role since 2004?                          18   A. (Indicating.)
 19     A. I don't know,                                   19   Q. -- in 20 1 1. Doesn't ring any bells?
 20     Q. It's been your conspiracy show on truTV?        20   A. No.
 21     A. Pardon me?                                      21   Q. A 20 1 0 movie, Woodshop?
 22     Q. Is it likely that it "vas your tmTV             22   A. Yes,
 23       conspiracy television --                         23   Q. Okay. Was that a large role, a small role?
 24     A. Well, that one werve done for the last three    24   A. Large.
 25       years now. That's been out there. So it          25   Q. When did YOll shoot that?

                                                                                 55    ( P age s 2 1 7 t o 2 2 0 )
       CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 57 of 84



                                                                                                                                           1
                                             "       Page 2 2 1                                                           Page 2 2 3

     !>-.    I shot that a couple years ago in the spring,         1        significance. They're work. It was my first
          I think. It would be two or three years ago
 1


            in the spring. I know -- all I can remember                Q. It was your first film. It gave rise to a
 2                                                                 2        film.


            is it was done in Boulder, Colo rado, and the
 3                                                                 3


          weather changed drastically while I was there                                                                                    I
 4                                                                 4        line that became the title of your first
 5                                                                 5        book?
 6          for about a week -- a week, two weeks,                 6   A. Dh-huh. Yes. Sony about that.
                                                                                                                                        I
            to not snow to back to snow again, so I think
 7        whatever I was there, and it went from snow              7   Q. It was celiainly one of the more memorable
 8                                                                 8     lines fi'om the movie, "I ain't got time to
 9          it was at springtime.                                  9        bleed"?
                                                                       A. That's what they tell me.
     A. A couple weeks .                                               Q. What were some of your other memorab l e lines
10   Q. How much of your time did that take?                      10

                             R E DACTE D
11                                                                11
12                                                                12        fi'om that movie?


                                                                            one. We'll have fun with this. You want it?
13                                                                13   A. Oh, gees, let me go back now. I remember
14                                                                14                                                                    I
15   Q . A ShOl1 film c al led Borders i n 2008, d o you          15        I remember I had to look when the palapa was
16          recall that?                                          16        blown up and go, "What the fuck?" I remember

                                                                                                                                        I
17   A. Yeah.                                                     17        I had to say that. And I remember offering

                                                                                                                                       !
                                                                            everyone tobacco in the helicopter and I
                                                                            called them all a "bunch of slack j awed
18   Q. What role did you play in that?                           18
     A. I play a - - kind of a former Navy SEAL who

                                                                                                                                       1
19                                                                19


     Q . How long did you sp end shooting --
20        owns a bar down in the Baja.                            20        faggots, this stuff will make you a goddamn


                                                                         for 20 years later, I can still remember

                                                                                                                                       I
21                                                                21        sexual Tyrannosaurus just like me." Not bad
22   A . About a week.                                            22


     A. No, it was a good -- no, it was a major ro le
23   Q. Is that another small --                                  23        those lines.
24                                                                24   Q. That's a pretty good l i ne . Did that make the              j
                                                                                                                                       J
                                                                                                                                       I
25        in the film.                                            25     movie?

                                                     Page 2 2 2

                                                                                                                                       I
                                                                                                                          Page   224


                                                                       Q. About the tob acco.
                                                                                                                                       ;
                                                                                                                                       1
 1   Q. How much did you receive for that?                         1   A. Whatfs that?
 2   A. Nothing.                                                   2
                                                                                                                                       11
 3   Q. Did you know the producer or something?                    3   A. Yeah, of comse it did.                                       J

                                                                                                                                       I
                                                                                                                                       1
 4   A. My son.                                                    4   Q. Okay.

                                                                                                                                       I
                                                                                                                                       i

     A. I don't charge my son.                                                                                   I remem ber I had
 5   Q. Okay. I guess you did.                                     5   A. Let's see, what was -- "This w ill make


                                                                            to t alk about that too.                                   I!
 6                                                                 6        Cambodia look like Kansas, "

 S     you voice a motivational speaker -"                             Q. Did YOll ad lib any of those lines
 7   Q. A 2005 production called The Ringel', which                7


 9
                                                                   8



                                                                                                                                       I
                                                                                                                     h_



     A. Yes,                                                       9   A. No.
10   Q.      --   do you remember that?                           10   Q.    --   i n the movie?


     Q . Okay. Is that another small limited time                                                                                      j
11   A. Vaguely.                                                  11   A . No, they were all written.                                  1
12                                                                12   Q . Was yoUI' work on Predator the first time that


                                                                                                                                       I
13        project?                                                13        you met Governor Arnold SchwRrzenegger?


          you use definitions that I can't define.                     Q. When did your relationship with
14   A.    Yeah. I don't know what how -- what the --             14   A. No.
                                                                                                                                       \!
     Q. How long did you spend on that --                                                                                              !
15                                                                15

                                                                                                                                       I
     A . I don't recall. I don't recall.
16                                                                16        Governor Schwarzenegger stalt?


                                                                       Q . Yes, sir. And I'm not -- by re lationship I
                                                                                                                                       l
17                                                                17   A . You mean when did I first meet him?


                                                                            mean just the way in which the two of yon                  1
18   Q. Do you recall how much money you made fi'om               18
19        that --                                                 19


                                                                       A. I first met Arnold Schwarzeneggel' at a
20   A. Nope.                                                     20     interacted, not --
21   Q. Did you have a role in the film The Predator?             21
22   A . Yes.                                                     22        filming i n - -   I believe i t was New Jersey of

                                                                            had come there and that's where I first
23   Q. Would you call that your most significant                 23        S aturday Night's Main Event on NBC. Arnold


     A . I don't - - I don't give them a degree of                          i n iti ally met him.
24        film role?                                              24
25                                                                25
                                                                                                       . c=. •




                                                                                              56    ( P a g e s 2 2 1 to 2 2 4 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 58 of 84




                                                                                                      :::: I
                                      ,     Page   225                                                         227


                                                                 r�� page
                                                              �:goes yoto see that this segment OfYOU
 1   Q . And struck up a friendship?                      1
 2   A. No.                                               2               u                                k
 3   Q. No?                                               3          up         1 32 -­

                                                              Q. -- talking about doing the movie                    I
 4   A. (Shakes head.)                                    4   A. Yes.


                                                                                                                     I
 5   Q. Have you become friends over the years?           5
 6   A. Yes.                                              6     The Running Man --

                                                              �: ���ith Governor Schwarzenegger,
                                                                                                                     I
 7   Q. When would you say was the stmt of your           7
 8      fHendship as opposed to just knowing him?         8                                         correct?


                                                              Q. Do you think that the discussion in
 9   A. Predator.                                         9   A. (Nods head.)

                                                                I Ain't Got Time to Bleed about your
10   Q. Okay . You talk about Governor Schwarzenegger    10
11      in some ofyollL' books, correct?                 11
                                                                relationship with Governor S chwarzenegger had
                                                                any impact upon the sale of yolll' book?
12   A. I may have.                                      12
13   Q. Yeah.                                            13
14             (Exhibit DX-64 marked                     14             MR. OLSEN: Object to the form of

     BY MR . BORGER:
15             for identification.)                      15     the question, calls for speculation.

     Q. I'm showing you what's been marked as                 BY MR. BORGER:
16                                                       16             THE WITNES S: What was that again?

                                                              Q. Did the pages of yo tit' book I Ain't Got Time
17                                                       17


               MR . BORGER: Sixty-four, five?
18      Exhibit 64. Do you --                            18
19                                                       19     to Bleed --
20             MS. OUELLETTE: Four.                      20   A. Okay.
21   BY MR. BORGER:                                      21   Q. -- in which you discuss Arnold

       first book I Ain't Got Time to Bleed?
22   Q. Do you recognize those as pages from your        22     S chwarzenegger --

     A. Yes, I guess so. I haven't read the book in
23                                                       23   A. Yeah.
24                                                       24   Q. -- contribute to the Sllccess ofyoUl' book?
25     a decade or more, so I can only assume it's       25   A. Oh, I would think it prob ably did. I can't
                                            Page 2 2 6                                               Page 2 2 8

 l      out o f the book.                                 1     directly tell you it did 01' didn't, but he

     A. I haven't even looked at the book in over a
 2   Q.   Okay. Well --                                   2     has quite a fan base or always has.
 3                                                        3   Q. You have no way to quantify what effect
 4      decade.                                           4     talking about Governor Schwarzenegger in yom

                                                          6
 5   Q. At the top of each page is, along with the        5     book --
 6      page number, the even-numbered pages say,             A. No.

        say, "1 Ain't Got Time to Bleed" --
 7      "Jesse Ventura," and the odd-numbered pages       7   Q. -- had upon the sales of the book, correct?
 8                                                        8   A. No, no.
 9   A. Yes.                                              9   Q. We're coming across with a double negative
10   Q. - - right?                                       10     there in terms of my question, "You have no
11   A. Yes.                                             11     way," and you say, ''No. ''
12   Q. You're willing to accept my representations      12         So do yOll have any way of knowing what
13      that these were copied from that book?           13     impact your discussion of Governor

                                                                success of yoUI' book 1 Ain' t Got Time to
14   A. I would assume they are.                         14     Schwarzeneggel' had upon the sales or other
15   Q . And these pages talk about - - and you can      15
16      take some time if you wish to quickly scan       16     Bleed?


18                                                               sure it didn't hurt it.
17      through them, but they talk about your time      17   A. No. I have no way to actually know, no. I'm
        on Predator. And specifically at page 1 27 --    18
19   A. One twenty-seven.                                19   Q. Did Governor Schwarzeneggel' ever ask you for
20   Q. - - the third full paragraph, first sentence,    20      some portion of the sales of your book?
21      "It was during those weeks on location that      21   A. No.
22      Arnold Schwarzenegger and I got to b e good      22   Q. Did you ever offer to give him any?

                                                              Q. Would it occur -- did it ever occur to you to
23      friends." Do you see that?                       23   A . N o.
24   A. Yes.                                             24
25   Q. And that's aU -- that's true, right?             25      give him any of your income from I Ai n't Got

                                                                              57   ( P age s 2 2 5 to 2 2 8 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 59 of 84

                                                                                            I

                                                            R E DACTED
                                     "   Page   229                           Page   231
 1     Time to Bleed?                                  1
 2   A. No.                                            2
 3   Q. Why not?                                       3
 4   A. Why not?                                       4
 5            MR OLSEN: Object to the form of
                 .                                     5
 6     the question.                                   6
 7            THE WITNESS: What's that?                7
 8            MR OLSEN: Object to the form of
                 .                                     8

              THE WITNESS: Okay. It never
 9     the question.                                   9
10                                                    10



                                                                                            I
11     entered my mind.                               11
12             (Exhibit DX-65 marked                  12

                     R E DACT E D
13             for identification.)                   13
14                                                    14
15                                                    15
16                                                    16


                                                                                            I
17                                                    17
18                                                    18

                                                                                            II
19                                                    19
20                                                    20

                                                                                            I
21                                                    21
22                                                    22
23                                                    23
                                                                                            I
                                                                                            1
24                                                    24
25    -   -      -           -       .
                                                      25


                     R E DACTE D                            R E DACT E D
                                         Page 2 3 0                          Page    2 32

 1                                                     1
 2                                                     2
 3                                                     3
 4                                                     4
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                                                                                            I
                                                                                            !
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 8                                                     8
 9                                                     9
10                                                    10
11                                                    11
12                                                    12
13                                                    13
14                                                    14
15                                                    15
16                                                    16
17                                                    17
18                                                    18
19                                                    19
20                                                    20
21                                                    21
22                                                    22
23                                                    23
24                                                    24
25                   .   �       -
                                                      25
                                                              ,�",.




                                                           5 8 ( Pages 2 2 9 to 2 3 2 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 60 of 84

                           "   Page   233                                                                                                                    Page 2 3 5

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11                                          11

                                                                                                                                                                          I
12                                          12
13                                          13
14
15
                                            14
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16                                          16
17                                          17
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                                                                                                                                                                          j
25        -
                                            25
                               Page   234                                                                                                                    Page   236

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                                                                                                                                                                          I

                                                                                                                                                                          I
 4                                           4                                                                                                                            1



                                                                                                                                                                          I
                                                                                                                                                                          �
 6                                           6
 5                                           5

                                                                                                                                                                          1
 7                                           7                                                                                                                            I
 8                                           8
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10                                          10
11                                          11
12                                          12
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                                                                                                                                                                          I
16                                          16
17                                          17
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                                            19                                                                                                                            I
                                                                                                                                                                          j
19
20                                          20
21                                          21
22                                          22
23                                          23
24                                          24
25                                          25   ... .. ....... . _   ......... .... _ .... ......
                                                                              .                      ,   . ............. ... ...... "' ...... - .. .... ..



                                                                                                     59                     ( Pages 2 3 3 to 2 3 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 61 of 84

                                     "           237                                             Page     239 i

                                                                                                                 I
                                          Page

 1                   REDACTED                           1     what we produce to them.
 2                                                      2   Q. And you have produced to -- to tl'uTV all of
 3                                                      3     the episodes for season three that you've
 4                                                      4     committed to?
 5                                                      5   A. Twenty-four of them through three seasons,
 6                                                      6     eight a year for three years.
 7                                                      7   Q. Okay. And you don't owe them any more
 8                                                      8     episodes at this point?
 9                                                      9   A. At this point, no.                                I
10                                                     10   Q. Okay. And they have not ordered any more
                                                                                                                 I.
                                                                                                                  I
11                                                     11     episodes?
12                                                     12   A. They just stmted showing them last week.
13                                                     13   Q. Okay.
                                                                                                                 I
                                                                                                                 I
14                                                     14   A. So they wouldn't order them -- if they stay

                                                                                                                 I
15                                                     15     with their procedure they have been with,
16                                                     16     they probably won't tell me -- eight weeks
17                                                     17     from now 01' twelve weeks from now they may        1

                                                                                                                 I
18                                                     18     decide. So it probably won't be until
19                                                     19     sometime next year that they would make a
20                                                     20     decision whether we'd go back into production      I
21                                                     21     again.
22                                                     22   Q. Okay.
23                                                     23             (Exhibit DX-68 marked
24                                                     24             for identification.)
                                                                   R E DACTE D



                                                                                                                 II
25                                                     25
                                          Page   238                                             P a ge   ?4 0
 1                   REDACTE D                          1                   R E DACTED
 2                                                      2
                                                        3
                                                                                                                 i
 3
 4                                                      4

                                                                                                                 !
 5                                                      5



                                                                                                                 I
 6                                                      6
 7                                                      7
 8                                                      8
 9                                                      9
10                                                     10
11                                                     11
12                                                     12
13                                                     13


       to pick you up for a fOUlih season?
14   Q. Okay. Has trnTV indicated that they're going   14
15                                                     15
16   A. No, they haven't indicated that. They never    16
17     do that until the season is over.               17
18   Q. Okay.                                          18
19   A. At least that has been theh' policy in the     19
20     past.                                           20
21   Q. It depends --                                  21
22   A. And that's cable TV, so it's not as -- it      22
23     doesn't run the same as network television      23
24     does. They buy it up for so many episodes.      24
25     They order so many episodes and then that's     25

                                                                           60   { P a g e s 2 3 7 to 2 4 0 }
                              CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 62 of 84


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    I
                                                                                                                                                           "                    Page                      241                                                                                                                                                                                                                 P a ge                    243
                                                                                                                                                                                                                                                                                                                                    R E DACTE D
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   I

     1                                                                                       REDACTED                                                                                                                                   1
     2                                                                                                                                                                                                                                  2
     3                                                                                                                                                                                                                                  3
     4                                                                                                                                                                                                                                  4
     5                                                                                                                                                                                                                                  5
     6                                                                                                                                                                                                                                  6
     7                                                                                                                                                                                                                                  7
 8                                                                                                                                                                                                                                8
 9                                                                                                                                                                                                                                9
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                1
10                                                                                                                                                                                                                               10

                                                                                                                                                                                                                                                          Q. What year wa s yOU!' appearance in Hershey,
11                                                                                                                                                                                                                               11                       B Y MR. BORGER:
12                                                                                                                                                                                                                               12

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                I
13                                                                                                                                                                                                                               13                          Pennsylvania?
14                                                                                                                                                                                                                               14                       A. I don't recall. It was  it was prior to                                                                 HN



                                                                                                                                                                                                                                                                                                                                                                                                                                                                               I

                                                                                                                                                                                                                                                                                                                                                                                                                                                                               I
15                                                                                                                                                                                                                               15                          the it was -- it was done in conjunction
                                                                                                                                                                                                                                                                                     MM



16                                                                                                                                                                                                                               16                          with the TV show Conspiracy -- 01'
17                                                                                                                                                                                                                               17                          Conspiracy Theory with Jesse Ventura.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                               1
18                                                                                                                                                                                                                               18                       Q . Okay. So sometime over the last three or
19                                                                                                                                                                                                                               19                          four yeat's?
20
21
                                                                                                                                                                                                                                 20
                                                                                                                                                                                                                                 21
                                                                                                                                                                                                                                                          A. Yes, absolutely. It would be done within the
                                                                                                                                                                                                                                                             realm of when I'm doing the show.                                                                                                                                                                                 I
22                                                                                                                                                                                                                               22                       Q . And did you expect that to be more than a
23                                                                                                                                                                                                                               23                          one-time deal with Vince?
24                                                                                                                                                                                                                               24                       A. I don't expect anything from Vince.
25                                                                                                                                                                                                                               25                       Q. You have no expectation that he's going to
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               j
                                                                                                                                                                               P age                      242                                                                                                                                                                                                                Page                     244                      1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               I
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               1
     1                                                                                        REDACTED                                                                                                                                 1                   ask you back anytime over the next --                                                                                                                                                                               !
     2                                                                                                                                                                                                                                 2                 A. Well, Vince has a standing offer to me to
     3                                                                                                                                                                                                                                 3                   come back and work for him if I desire to.



                                                                                                                                                                                                                                                                                                                                                                                                                                                                               I
     4                                                                                                                                                                                                                                 4                   He's always said that to me.
     5                                                                                                                                                                                                                                 5                 Q. Okay. Is there a reason you haven't taken
     6                                                                                                                                                                                                                                 6                   him up on that offer?


                                                                                                                                                                                                                                                                                                                                                                                                                                                                               1I
     7                                                                                                                                                                                                                                 7                 A. Yeah.
     8                                                                                                                                                                                                                                 8                 Q. What's that?
     9                                                                                                                                                                                                                                 9                 A. Pretty much that when I retired from

                                                                                                                                                                                                                                                                                                                                                                                                                                                                               !
10                                                                                                                                                                                                                               10                        wrestling I want to be the only wrestler who                                                                                                                                                                        ,

11                                                                                                                                                                                                                               11                        said he did and did. And 1 really have no                                                                                                                                                                           1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               1
12                                                                                                                                                                                                                               12                        interest in going backwards with my life and                                                                                                                                                                        I
13                                                                                                                                                                                                                               13                        career, and I think that going back to Vince                                                                                                                                                                        I
14                                                                                                                                                                                                                               14                        would be a step backwards mther than
15                                                                                                                                                                                                                               15                        forward.
16                                                                                                                                                                                                                               16                      Q. I take it he's not asking you to come b ack                                                                                                                                                                        I
17                                                                                                                                                                                                                               17                        and wrestle in the ring?                                                                                                                                                                                            I!
18                                                                                                                                                                                                                               18                      A. You never know with him. You don't know what
19                                                                                                                                                                                                                               19                        you're going to get with Vince, what he wants
20                                                                                                                                                                                                                               20                        you to do. I mean, there's guys wrestling

22
21                                                                                                                                                                                                                               21                        for him that are older than me.
                                                                                                                                                                                                                                 22                      Q. Okay. Did he attach any monetary figure to
23                                                                                                                                                                                                                               23                        his standing offer?
24                                                                                                                                                                                                                               24                      A. No. We would negotiate that if -- ifthe
25                           ,                                                                                                                           -
                                                                                                                                                                                                                                 25                        occasion ever arose.
"', ..... , . .   , ' , - , �:...,.
                          -           -   .   .. . .-                             .
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                                                                                                                                                                                                                                                                                                                              61                       ( P age s 2 4 1 to 2 4 4 )
             CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 63 of 84


                                                              245
                                                II
                                                       Page                                                          Page 24 7

     1   Q. Do you have an expectation of how much you                  1                        RE DACTE D
     2   '    would negotiate for if the occasion ever                  2
     3        ��                                                        3
     4   A. Wel l --                                                    4
     5                 MR. OLSEN : Objection; calls for                 5
     6        speculation.                                              6
     7               THE WITNESS : I           I've always              7
     8        stated to the wrestling fans that they should             8
                                          �-




  9           never give up hope as long as Vince puts the              9
 1a           decimal point in the right spot.                      10
 11                    MR BORGER: Okay.                             11
 12      BY MR BORGER:                                              12
                          .




 13
                   .


                              R E DACTED                            13
 14                                                                 1
                                                                        4
 15                                                                 15
 16                                                                 16
 17                                                                 17      Q . In October of 2 0 1 1 did you have any project
 18                                                                 18        possibilities in the works?
 19                                                                 19      A . October of two -- of last year?
 20                                                                 20      Q. Yes, sir.
 21                                                                 21      A. October of last year did r have any proj ects
                                                                                                                                       J
 22
 23
                                                                    22
                                                                    23
                                                                              in the works? Well, October of last year I
                                                                       would have been in the middle of shooting
                                                                                                                                       I.
                                                                                                                                       .


                                                                                                                                   �j',:
                                                                                                                                       j
                                                                                                                .
 2                                                               2       o nspira   Theor e s , s    h gh d u b t
    4                                                              4
  25                                                            ���---- ecause -was -_
                                                                       C ----I Y--fully
                                                                       -         C-      � working __ ' O t l ,
                                                                                         r ____ �at I) time
                                                                                                  O r_ i
                                                                                                         the
                                                                       b
1-_
                                                                                                                              __




                                                                                                          ______
                                                                                                                                       j
   _
                                                                                                                                   248 1
             ________  __    __________
     ________        __  ____




     1
                                                       Page 2 4 6                                                    Page




                                                                                                                                       I
                              REDACTED                                  1     finishing up this season's eight episodes.
     2                                                                  2   Q. And when you were working on C onspiracy
     3                                                                  3     Theory season three, that was pretty much a
     4                                                                        ful l-time commitment?
                                                                        4
     5                                                                  5   A. Oh, yes.
     6                                                                  6   Q. Were you --
     7                                                                  7   A. Especially when you don't fly and you have to
                                                                        8
                                                                                                                                       I
     8                                                                        go by car or bus 01' train.
     9   Q. Well, I'm asking you about your expectation.             9      Q. Were you looking for additional proj ects to
 10                    MR. OLSEN: O bjection; calls for             10        take --
 11           speculation.                                          11      A. I'm always looking for them.
 12                    THE WITNESS: I don't have that               12      Q. Okay. Did you have any additional p rojects
 13           speculation, because it hasn't happened.              13        on the line in October, November or December             I
 14      BY MR. BORGER:                                             14        of 20 1 1 ?
 15                           R E DACTED                            15      A. I don't recall.
 16                                                                 16      Q. Has anyone cancelled a project with you since
  17                                                                17        December of 20 1 1 ?
 18                                                                 18      A. Has anyone cancelled a project with me since
 19                                                                 19        September of 20 1 1 ?
 20                                                                 20            Can you think of any? I can't think    of
 21                                                                 21        any. I don't know off the top of my head        if
 22                                                                 22        anyone has cancelled anything with me or not.
 23                                                                 23      Q. Was anyone talking with you about
 24                                                                 24      A. Could have been.
                                                                                                                    ww




 25                                                                 25      Q. Let me finish the question, sir.

                                                                                             62    ( Pa g e s 2 4 5 to 2 4 8 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 64 of 84



                                                                                                                                   I
                                           "
                                                   P a ge 2 4 9                                                     Page 2 5 1

           Was anyone talking with you in                              Q, And over the years you've had multiple agents
                                                                                                                                   I
 1                                                                 1
                                                                                                                                   I
 2     December 20 1 1 about an income-generating                  2      and they have told you about projects that               !
       project fol' you that did not come to                              materialize and not told you about pro ects
                                                                                                                                   I
                                                                                                                                   ,
 3                                                                 3                                            j
                                                                          that have not materialized, correct?
                                                                                                                                   1
 4     fruition?                                                   4
 5   A. I can't remember.                                          5   A. Mostly lately, because it's been mostly
 6                        REDACT E D                               6      lately that I've inquired about work and to              1
                                                                          no avaiL Previous years, like prior to 2005
 7                                                                 7
                                                                                                                                   I
                                                                          and before, I never really had to go out --
                                                                          well, in fact, even after that I would tell
 8                                                                 8


                                                                         you that I -- r never had to really go out
 9                                                                 9


                                                                                                                                   I
10                                                                10
                                                                          seeking anything llntil very recently.
                                                                                                                                   I
11                                                                11
                                                                         Usually it came to me. But within the last
                                                                                                                                   1
12                                                                12                                                               J
13                                                                       year they ain't b e en coming.
                                                                                                                                   I
                                                                  13
                                                                                                                                   I

14                                                                14   Q. Do you have any direct knowledge as to why

                                                                                                                                   I
15                                                                15      not?                                                     I

                                                                                                                                   1
16                                                                16   A. Derogatory, defamatolY, slanderous books.                I

17                                                                17   Q . Has anyone specifically told you that's the
                                                                          reason you're not getting more proj ects?
                                                                                                                                   I
18                                                                18
                                                                       A. No, And television shows and radio shows


                                                                                                                                   I
19                                                                19
20                                                                20     that pretty much trampled me and my
21                                                                21     patriotism and everything like that,
22
23
                                                                  22
                                                                  23
                                                                       Q. As people in your profession age, do
                                                                         projects -- do revenue-generating projects                !
                                                                                                                                   I
24                                                                24     tend to diminish, in yOUl' experience?
25                                                                25   A. I wouldn't know.

                                                   Page 2 5 0                                                       P a ge 2 5 2

 1   Q. And do you have any direct knowledge of why                1   Q. Okay,
 2     they have not --                                            2   A. I could only speculate and say it happens in
 3   A. No. That's why you have an agent and that's                3     all jobs.   I would say that's a blanket
 4     their purpose is to shield you from that.                   4     statement of life.    I don't think there would
 5   Q, Okay.
     A. Yall know, they're there to protect you so
                                                                   5     be any palticular one j ob over another, It's


       that you don't get your feelings hmt.
 6                                                                 6     called age discrimination.

 8
 7                                                                 7   Q. As you get closer and closer to senior
     Q, Okay.
     A. That's their j ob. That's why they get a
                                                                   8     status, if you've not already achieved that
 9                                                                 9     status, would you expect yom i ncome to go
       percentage of you!' money,
                                                                  11
10                                                                10     down?
11   Q, Has your agent told you anything about why                     A. Not necessarily.
12     you have not received any proj ects i n 2 0 12?            12   Q. Possibly?
13   A. No.                                                       13   A . Possibly,
                                                                       Q. And you have no way of really quantifying how
                                                                  15
14   Q. What's the name of your agent?                            14
15   A. live had multiple. Bany Bloom, Mark Itkin,                       much your income might go down as a result of
16     D avid Olsen. I use mu ltiples .                           16     aging?
17        Who        Terry, whose -- it's all right.              17   A. No, And I have no way of quantifying that it
       I'm asking you because I can't remember --
                MM




               MR . OLSEN: Don't ask her. If you
18                                                                18     might go up as well as my age.
19                                                                19   Q. You have no way of quantifYing whatever
20     don't remember, you don't remember.                        20     effect Chris Kyle's book might have had on
21             THE WITNESS: Okay, From Barry's                    21     your income, do you?
22     office who is off on her own now.                          22   A. I can only quantitatively say i t didn't help,
23             MS. VENTURA: I can't say                           23     Anybody that would write those things about
24     anything, they won't let me. I'm sorry.                    24     you wouldn't help your income either, and it
25   BY MR. BORGER:                                               25     would probabl y stop a lot of people from

                                                                                          63    ( P a g e s 2 4 9 to 2 5 2 )
       CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 65 of 84


                                                    253                                                                255 1
                                                                                                                             I
                                             Page                                                               Page




                                                                                                                             I
  1     calling you and asking you to be their               1       was in the service dming the Vietnam

  3                                                           3
  2     lawyer. And it would probably -- you would           2       conflict. II Is that true about you?

                                                             4
        have no way of knowing if something like that             A. Yes.                                                    1
  5                                                          5                                                               I
  4     came out of how many people then chose not to             Q. The book says, "But not actually in the war."

  6                                                          6
                                                                                                                             II
        cali you for your legal expertise.                           Is that true about you?
      Q. What is it about Chris Kyle's book that                  A. No. I have a Vietnam service ribbon. You
  7     bothers you the most?                                7       had to go i n -- within the combat zone to

  9                                                           9
  8   A. The things that he said that I said about my        8       qualifY for one.

 10                                                         10
        teammates and the Navy SEALs.                             Q. You had to go within the combat zone?

                                                            11
      Q. Do you have a particular quote in mind?                  A. Correct.

 12                                                         12
 11   A. rve never read his book.                                 Q. And what does the combat zone means?
      Q. Did you read the palticular pages from his
                                                            13    A. That means the cotmtry of Vietnam.

 14                                                         14
 13     book in which --                                          Q. Okay. B ut not actually engaging in combat

 15                                                         15
      A. rve read a few that have dealt with me, yes.                with the enemy? Being in the combat zone

 16                                                         16
      Q. Okay. You have not read the entire book?                    does not necessarily mean that you engaged in

 17                                                         17
      A. I haven't touched -- I don't like to read                   combat with the enemy, correct?

                                                            18
        fiction. I generally like to not read                     A. I guess not necessarily      -­




 19                                                         19
 18     fiction. I don't read many fiction books.                 Q. Okay.

 20                                                         20
        And when I read a chapter that's fiction, I               A.     that's correct.
                                                                        MM



        can only assume the rest of it's got a lot of                                  REDACTED

 22                                                         22
        fiction in it too.                                  21                                                               I


                                                                                                                        I
 21

 23
                                    e e    e
                                                              3
      Q. Okay.

1-_: __________ . _ ORGER : __ 's
  ��            M R B______ Let __ v_th ______
                   _          _ h a_ __ pag s
         from the book.
                                                          +-2 :
                                                            �                                                          �1
                                                            _                                               ::...
                                                                                           ________
                                                              ______________                       __          __ ____




                                             Page 2 5 4                                                         Page 2 5 6

  1            (Exhibit DX-69 marked                         1                       REDACTED

  3
  2            for identification.)                          2

                                                             4
      BY MR. BORGER:                                         3

  5
  4   Q. rm showing you what's been marked as

  6                                                          6
        Exhibit 69, Governor Ventura. These are              5

  7                                                          7
        pages 3 1 0 through 3 1 2 of Chris Kyle's book,                       (Exhihit DX-70 marked

                                                             8    BY MR. BORGER:
        American Sniper. Have you read those three                            for identification.)


                                                             9
  8     pages ofthe book prior to today?

 10
  9   A. Yes.                                                     Q. I'm showing you Exhibit 70, Governor

 11                                                         11
      Q. And do you associate yourself with the person      10      Ventura.


 12                                                                    D o you recognize that as pages 7 7 t o 78 of
        who is identified in this section of                      A. Dh-huh.

 13
                                                                  Q.
                                                                    I Ain't Got Time to Bleed?
        Chris Kyle's book as scruff face?                   12

 14
      A. Yes.                                               13

 15
      Q. Had anyone called you scruff face prior to         14    A. Yup.

 16                                                         16
                                                                  Q, Okay.
                                                                            MR . BORGER: I'm to ld that we have
        the publication ofthis book?                        15

 17                                                         17
      A. No.

                                                            18
      Q. The book indicates, "Scruff served in the                  about five minutes rem ai n i ng on the video.


 19                                                         19
 18     military." Is that something that's true                    Perhaps this is a good time to take a break


 20
        about you?                                                  while the videographer changes the ta pe .


 21                                                                    off the record at 3 :57 p.m.
      A. Yes.                                               20                THE VIDEOGRAPHER; We are going
      Q. The book states, "Most people seem to believe      21

 23
 22     he was a SEAL." Is that something that's            22                (Whereupon, a brief recess

 24
        true about you?                                     23                was taken.)

 25
      A. Yes.                                               24                THE VIDEOGRAPHER: We are back on
      Q. The book continues on, liAs far as I know, he      25         the record. This is the continuing

                                                                                      64    ( Pa g e s 2 5 3 t o 2 5 6 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 66 of 84


                                    "


 1                                                                                R EDACTED
                                           Pa ge 2 5 7                                                   Pa g e   259 '
      videotap ed deposition of Governor Jesse
 2
                                                          1
      Ventura being taken on November 1 2th, 20 12.       2

 4   BY MR, BORGER:                                       4
                                                                                                                        I
 3    The time now is 4:09 p.m,                           3

 5               R EDACTE D                               5
 6                                                        6                                                             I
 7                                                        7
 8
 9
                                                          8
                                                          9
                                                                                                                        I
10
11                                                       11
                                                         10

12
13                                                       13
                                                         12

14                                                       14
                                                                                                                        I
15                                                       15                                                             I
16                                                       16
17                                                       17
                                                                                                                        I

18                                                       18
                                                                                                                        I
                                                                                                                        I
                                                         19
                                                                                                                        I
19

                                                         21
20                                                       20

                                                         22
21

                                                         23
22

24
23

25                                                       25
                                                         24
                    �


 1                   R E DACTE D                          1
                                           Page 2 5 8                                                    P a ge 2 6 0



                                                          2
                                                              Q, Okay,
                                                              A , That's the terminology as it was used when I          I
 3                                                        3      was in the militmy, If yo u're on leave,               j
 2

 4                                                        4
 5
                                                                you're going home.
                                                              Q. And the terminology of at liberty or o n
                                                                                                                        I
 6                                                        6     liberty is - -
                                                          5

 7                                                        7
 8                                                        8   Q. Okay ,
                                                              A. Means the work day is done --

 9                                                        9   A, -- and you 're on your own --
10                                                       10
11                                                       11   A.
                                                              Q, Okay.
                                                                  b ut you will b e back at work tomorrow.
12                                                       12   Q. So --                                                  I,
                                                                    H_




13                                                       13   A . Libelty means you can leave the base --
14                                                       14
                                                                                                                        I




15                                                       15
                                                              Q. Okay,
                                                              A. -- for -- for easy terminology.                        I
16                                                       16   Q , 01' if you're not on base, you m'e not acting         I
17                                                       17      pmsuant to some sOlt of mission ord ers?               I
18                                                       18   A. Yeah, when they secure you for the d ay and            !
19                                                       19     put evetyone on Hbelty, it d oesn't mean you
                                                                                                                        !
                                                                                                                        \
                                                                h ave to leave the base, it j u st means yo u're
21                                                                 not at work anymore, You have what are
20                                                       20

                                                         22        called -- i n the Navy YOll have what are
                                                         21

                                                         23
22

24                                                       24
23                                                                 called quarters, and you stmt the day with
                                                                   quarters and you end the d ay with quarters,
25                                                       25        pretty much, on a genera l basis.

                                                                                65    ( Pa g e s 2 5 7 to 2 6 0 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 67 of 84




 1                                                           1                                                             I
                                               Page 2 6 1                                                    Page 2 63     1




 2                                                           2
     Q. Okay.                                                    A. I will only talk to you in generalities. We

 3                                                           3                                                             I
     A. And that       the final quarters of the day is
                        �-                                         were engaged in surveHlance and                '

 4      s ay, "Uberty," then you're off work.                4
        when whose ever the officer in charge will                 reconnaissance work, that's what the Navy

 5                                                           5
                                                                   fi'ogmen are there to do. That's what we do.
                                                                                                                           I
 6                                                           6
     Q. Okay. Have you ever described in a pu blic                 Evelyone knows that. That's not any secret.
                                                                                                                  I
                                                                                                                  I
 7                                                           7
                                                                                                                           :
        fashion the work you did during your militaty              That's what our mission statement is, so

 8                                                           8
        service in the Vietnam War era?                            therefore rm revealing nothing.                1
 9      was when we were -- what was called th               9
                                                                                                                           I
     A. I've described one thing that we did. That

                                                    e
                                                                 Q. And I am not asking you to reveal any details

10                                                          10
                                                                   of any specific mission that you were engaged

11                                                          11
        Amphibious Ready Group, which I was with for               in. rm simply asking the general question

12                                                          12
                                                                                                                      ��



        a while . That's when towards the end of the             A. And I'm giving you a general answer.

13      all that, but we were off the coast of Hanoi        13
        war they were going after the peace talks and                      MR OLSEN : Let him --

14
                                                                                 .




                                                            14
                                                                           THE WITNESS: I won't answer.

15      for a Normandy invasion that never cam .            15
                                                                           MR OLSEN : Let him finish h i s

                                                    e
        with the Third Marine Division fully prepared                            .




16                                                          16
                                                                   question.

17                                                          17
     Q . Calling your attention to Exhibit 70                              THE WITNESS: All right. I'm

18
                                              -�




                                                            18   BY MR. BORGER:
     A. Vh-huh.                                                    sony.

19                                                          19
     Q. -- do you re cognize those as pages 7 7 to

                                                            20
       78    _ri                                                                     REDACT E D

                                                            21
20   A. Yes.

22                                                          22
21   Q. �- of! Ain't Got Time to B leed ? And at the

23                                                          23
     . bottom of page 7 7 --

24                                                          24
     A. Uh hu h .

25
               �




                                                            25
     Q. �- and the top of page 78, do yotl describe
        some of the things you did while you were on

                                               Page 2 62                                                     Page 2 6 4



 2                                                           2
 1      duty d uring your time in the military during        1                       REDACTED

 3
        the Vietnam War era?

 4
     A. Yes. It s ays, IIWe did a bit of s urveill an ce     3

 5
        and reconnaissance work in case the Marines          4

 6
        were calIed in."                                     5

 7
     Q. Okay .                                               6

 8                                                           8
     A. It's pretty vague.                                   7

 9      patt of your book cleared with the D epaltment       9
     Q. Did you have this section of your book or any

10                                                          10
11
        of Defense 01' any other military authori ty ?
     A. Not t o my knowledge, b ec ause I wasn't
12                                                          12
                                                            11

13                                                                         (Exhibit DX-7 1 marked
        revealing anything.

14
     Q . Can you explain for me why you were able to        13

15
        write in yotll' book, quote, "We d id a bit of      14             for identification.)


16
        Slll'VeiIlallCe and reconnaissance work in case     15   BY MR. BORGER:


17
        the Marines were called in," c lose quote, and      16   Q. Calling your attention to Exhibit 7 1 , is that

18      ever engage in combat with the opposing             18
        you cannot respond to the quest ion did you         17     the beginning of chapter 5 of your book


19      military forc ?                                     19   A. I assume that it is. I haven't read the book
                        e
                                                                   I Ain't Got Time to Bleed?

20                                                          20
21     differ nt.                                           21
             e
     A . No. Those are different. It's completely                  in over a decade or even looked at it, but I


22   Q. How is it completely differ nt?                     22
                                     e
                                                                   guess that it is.

23                                                          23
                                                                 Q. Calling your attention to the beginning of

24                                                          24
     A . Well, because, again, I'm speaking in                     that chapter, did you write, or does it at


2S                                                          25
        generalities. You're asking for a specific .               least appear on "- in the book that was
     Q. No, I      w.                                              published under your name , with respect to

                                                                                     66   ( P age s 2 6 1 t o 2 6 4 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 68 of 84

                                     ,.
                                             Page 2 65                                                Page 2 6 7

 1      yOUI' second tour ofduty overseas, "It was         1   A. Not a bit.

                                                                  the generality of saying that you staye d in
                                                           2
        over for the SEALs, so I was sent straight
 2      quieter than my first. By then the war was             Q. Can you explain for me the difference between
 3                                                         3


        struted up again. There was nothing to do
 4      back to the Philippines just in case things        4      practice while on duty in the military dming
 5                                                         5      the Vietnam War era atld the general statement
 6      except to stay in practice and to have fun, II     6      as to whether or not you engaged in combat

                                                                             MR. OLSEN : Object to the form of
                                                                                                                   I
 7      close quote? Did I rea d that correctly?           7      with the enemy?

     Q. Were you staying in practice while you were
 8   A . Yeah.                                             8


        on duty rather than being at Iibetty?
 9                                                         9      the question. Go ahead.

                                                                  means you're constantly tra ining, which
10                                                        10                 THE WITNESS : Staying in practice

                MR. OLSEN : Object to the form of                 underwater demolition SEAL p eople always do.
11   A . W as I what?                                     11
12                                                        12

                                                                                                                   I
                                     .
13
     BY MR . BORGER:
        the question.                                     13      You're in constant training.
14                                                        14   BY MR. BORGER:


                                                                                                                   I
15   Q. The reference to stay in practice --              15   Q . Is it the general understanding of the

     Q. -- does that relate to act ivities in which
16   A. Yeah.                                             16      public, as far as you are aware, that part of
17                                                        17      the duties of a Navy SEAL are to engage in       �




                                                                                                                   I
                                                                                                                   J



                                                               A . C elt a i nly .
18      you were engaged while you were on duty           18      combat when called upon to do so?
19      rather than when you were at Hbetty?              19
20   A. I would assume so.                                20                       REDACTED
21   Q. Okay.                                             21
22   A. Liberty means you're on your own time and you     22
23                                                        23
        work .
        have -- you're free. That's like being off
24                                                        24
25   Q. O kay.                                            25

                                             Page 2 6 6                                              Page 2 6 8
                                                                                                                   I
 1
 2
     A . Yeah, so I would assume you'd have to be on
        duty.
                                                           1
                                                           2
                                                                               REDACTED                            1
                                                                                                                   ,


 3   Q. Okay. You weren't en gaging in staying in          3


                                                           5
 4      practice on your free time?                        4

 6                                                         6
 5   A. Nobody does --


                                                                                                                   I
     Q. Okay.
                                                           7
     Q . And the reference to have fun, that wo u ld be
 7   A. -- that I know of.
 8                                                         8
                                                                                                                   !
 9      the time when you were at libelty?                 9                                                       1
                                                                                                                   l


     Q. Wo uld it also refer to some of the t im e when
10   A. Correct.                                          10
11                                                        11
12      you were on duty?                                 12
13   A. SlI1'e. Duty, sometimes, I guess can b e fun      13
                                                                                                                   5
                                                                                                                   ,
14      depending on what you're doing while you're       14                                                       I
15      on duty.                                          15
                                                                                                                   I
16   Q. And you refer in general terms here to            16
                                                                                                                   I
        duty, namely, quote, liTo stay in practice, 10
17      activities in which you were engaged while on     17
18                                                        18
19      close quote. And did you have that section        19
20      of the book cleared with any military             20

                                                                                                                   1
21      authority?                                        21
22   A. No.                                               22
23   Q. Do you believe that saying that violates in       23
                                                          24
        your sup eriors?
24      some fashion the directive you received from
25                                                        25                                   -



                                                                              67    ( Pa g e s 2 6 5 t o 2 6 8 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 69 of 84


                                              P a ge 2 6 9                                                   Page 2 7 1    )
 1                     RE DACTED                              1     required school. Ifyoll were going into the
 2                                                            2     combat zone, you were required to comp lete it
 3                                                            3     before you could deploy. So I think that
 4                                                            4     answers your question.
 5                                                            5   Q . SO in your view, quote, "In the war, " close
 6                                                            6     quote, does not require engaging in combat
 7                                                            7     with the enemy?
 8                                                            8   A. No, it would never -- it wouldn't necessarily
 9                                                            9     require that. You could have somebody that
10                                                           10     does book work for the admiral who could be
11                                                           11     in the combat zone and not be engaged in the
12                                                           12     war, but he would still qualify and be a
13                                                           13     Vietnam veteran because he's there. C ontrary
14                                                           14     to popular belief, it doesn't matter how many
15                                                           15     people you killed.
16                                                           16                       R E DACTED
17                                                           17
18                                                           18
19                                                           19
20                                                           20
21
                                                                                                                           I
                                                             21
22                                                           22



                                                                                                                           I
23                                                           23
24                                                           24

�------�-�--f----�--� i
25                                                           25
                                              Page 2 7 0

 1                     RE DACTED                              1          R E DACTE D
 2                                                            2   Q. Do you recall giving an interview fat' the
 3                                                            3     St. Paul Pioneer Press in January of 2002 i n
 4                                                            4     which y o u made the statement, " T o t h e best o f
                                                                    m y knowledge, I was never fired upon"?
                                                                  A . No, I don't recall that.
 5                                                            5
 6                                                            6
 7   BY MR . BORGER:                                          7   Q . Are you denying that you gave such an
 8   Q. Are you contending that the statement in              8     interview?
       Chds Kyle's book at page 3 1 0 that, "Scruff               A. Am I what?
                                                                                                                           I
 9                                                            9
10     face was," quote, "not actually in the war,"          10   Q . Are you denying that you gave such an
11      close quote, is false?                               11     interview and made such a statement?
12   A . Repeat that for me.                                      A. No, I'm not denying it, but rep0l1el's can get


                                                        --
                                                             12
13   Q . Are you contending in this lawsuit that the         13     (sic) facts straight, I can sure testify to
14     statement in Chris Kyle's book at page     310        14     that after   3 0 years of dealing with them,
15   A . Three ten?                                          15     that they can misquote you, they can take you
16   Q. -- that, "Scruff face was," quote, "not              16     out of context and many things can b e printed
17     actually in the wm-," close quote, is false?          17     that you can't attribute to actually saying
18   A. Yes, because 1 h ave a Vietnam service ribbon        18     01' not saying. So I don't recall the
19     that I qualified for and that puts you inside         19     interview and I don't remember what I said.
20     the combat zone. That means you're in the             20     I've done thousands.
21     war.                                                  21   Q. Okay. What is the Combat Action Ribbon?
22   Q . Okay.                                               22   A. The Combat Action Ribbon is a ribbon you
23   A . I also attended SEREs school, which is              23     receive if you've been fired upon, generally
       Survival, Escape, Resistance and Evasion,                    an exchanged fire.
                                                             25
24                                                           24
25     priOl' to my first deployment. It was a                    Q. Did you receive the Combat Action Ribbon.

                                                                                    68    ( Pages 2 6 9 to 2 7 2 )
       CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 70 of 84


                                                  Page 2 7 3                                                                    I
  1                                                             1                                                               I
                                                                                                              Page      275
      A. No, I did not.
  2                                                             2
                                                                    A. I'm not -- I'm not familiar .- define to me

  3                                                             3
      Q. Tfyon had been fired upon, is there any                      whoring the trident. What does that mean?

  4
        reason you would not have received the                      Q. Do YOll have any understanding of that term at

  5                                                             5
        Combat Action Ribbon?                                   4     all?

  6   Q. And what is that?                                      6
      A. Yes.                                                       A. I'm asking yOll to define it so I can answer

  7                                                             7
                                                                       the qnestion. What does whoring the trident

  8                                                             8
      A. If the mission was so ·- was so secretive                     mean?

         about it in any way, shap e 01' form, because          9
         that they didn't want the public to know                   Q. Well, I'll tell you it's a phrase that's been

 10      it could cause an international incident,             10
  9                                                                    used in questions by yom own counsel to some

 11                                                            11
                                                                       of the witnesses in this case.

 12                                                            12
         then there would be no record of doing that                A . I haven't read those.

 13                                                            13   A . No, I haven't read them. I haven't read any
         mission pretty much at all.                                Q. Are you familiar with that?

 14                                                            14
      Q . Were you engaged in such a mission?

 15                       R E DACTED                           15
      A. Once.                                                         witness's testimony yet.

 16                                                            16
                                                                    Q. Do you think that's an appropriate question

 17                                                            17
                                                                       to ask a Navy SEAL?

 18                                                            18              MR. OL SEN: For the record, the
                                                                    A . To what?

 19     S ervi ce Metal. What in particular did you do         19
      Q. You've talked about receiving the Vietnam

 20                                                                    witnesses, Ivan Kruzic (phonetic). But go
                                                                       phrase originated with one of Mr. Kyle's

 21                                                            21     ah ad.
        to receive that?                                       20

                                                                        e
 22
      A. Nothing, just went to Vietnam. Anyone that

 23   Q. Do you believe that someone whose been a Navy         23
                                                                                                                               '
                                                                    Q. Do you th ink that's an appropriate qu estion,
        goes qualifies for it.                                 22   BY MR. BORGER:

 24     SEAL should mention that fact in connection            24     is this whoring the trident?                            IJ!;'
�------------------------------------�----------------�------------------�I
 25     with a book 01' a television show?                     25   A. Is what whoring the trident? I'm not .- I
                                                  Page 2 7 4                                                 Page             I

                                                                                                                              I
                                                                                                                      276
  1   A. Mention what fact?                                     1     don't know what you're asking me.

  3                                                             3
                                                                2
                                                                      connection with your efforts to publish or
  2   Q. The fact that that person has been a Navy                  Q. To say that you have been a Navy SEAL in

  4   A. Should they mention it?                                4
                                                                                                                              I
         SEAL.

  5   Q . Yes, sir. Do you believe it's wrong for them          5            MR OLSEN: Object to the form of
                                                                      promote a book .

  6                                                             6     the question . He's testified he doesn't
                                                                                  .




                                                                7
         to do that?

  8                                                             8              THE WITNESS: I can only say that
  7   A . Wrong for anyone to say they're a Navy SEAL?                understand the term.

  9                                                             9
         No.

 10                                                                   deal because I went and told them 1 was one.
      Q. In connection with a book that they have                     I've never done it. I haven't got any book

 11
                                                               10
      A. No.                                                          That had no bearing on any of the books I've
         written.

 12
                                                               11

 13                                                            13
      Q. Okay. So you --                                       12     written. So with my limited knowledge, I

 14                                                            14   BY MR BORGER:
      A. I've said it in connection with the books                    wouldn't know.

 15                                                            15
        I've written. There's plenty of people -- my                         .




 16                                                            16
        friend Dick Marcinko wrote .. has written                   Q. Have Yol.l llsed the fact that you were a Navy

 17                                                            17
        multiple books. No, there's nothing wrong                     SEAL to promote any ofyoUl' television

 18                                                            18   A. They may mention it that I'm one, yeah.
        with that at all.                                             series?

 19                                                            19
      Q. You don't think that's whoring the trident,

 20                                                                   says my military background, so "" I mean,
         do yon?                                                      Conspiracy Theory, I think in the opening

 21
                                                               20
                                                                      and I occasionally have WOl'll T-shirts on
      A. That wasn't what you asked me.

 22
                                                               21
                                                                      wrestling that indicate it. I I've never
      Q. No, it's a new question.

 23
      A. Yeah. What's the new question?                        22                                  �-




 24
      Q . The new question is do you think that it's           23     used " " let me put it this way, maybe this

 25      a Navy SEAL in the course of·-
                                                               24
                                                                      used the SEALs to earn money or my . - or my
         whoring the trident to talk about having been                will define whoring the trident, I've never
                                                               25

                                                                                      69   ( Page s 2 7 3 t o 2 7 6 )
        CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 71 of 84


                                                Page 2 7 7                                                           P a ge 2 7 9 1

    1
    2
          involvement in them. Solely. I've never                1
                                                                 2                                               it would
                                                                          manner in which to promote Conspiracy Theory?
                                                                                                                                  I
                                                                          be fine. For another episode it would have
                                                                                                                                  j.
          used that solely to earn me an income. Does                A.    I think for that particular episode
    3                                                            3
                   MR . BORGER: Let's mark this as
          that answer it?
    4
                                                                 4        no bearing whatsoever. But for the
    5                                                            5
                                                                 6
          exhibit -- what are we at, 70, 7 1 ?                            particular episode dealing with
    6
                   (Exhibit Dx-n marked                                   appropri ate.
                  MS. OUELLETTE: S eventy-two.                            John F. Kennedy's murder I think it's
    7                                                            7
    8              for identification.)                          8   Q. Okay.
    9   BY MR. BORGER;                                           9                (Exhibit DX-73 marked
10                                                           10
                                                                     BY MR . BORGER:
        Q. Do you see that photograph on the second page                          for identification.)
11        of - -                                             11                                                                   I
12      A. Yes.                                              12
        Q. -- Exhibit n?
                                                                     Q. Do you see what's been marked as Exhibit 73?
13                                                           13      A.    (Reviews document.)     Yes.
14      A . Yes.                                             14      Q.    Okay. Is that an article attributed to the
15                                                           15
                                                                       January 29 th of20027
        Q. Is that you in the photograph?                                 Associated Press published on or ab out
16      A . Yes, it is.                                      16
17      Q. Were you consulted in the manner in which         17      A. What's that?
18                                                           18
                                                                          Associated Press pu blished on 01' ab out
          this photograph was taken?                                 Q. Is that an alticle attributed to the
19      A. Was I what?                                       19
20      Q. Were you consulted about the manner in which      20        Janumy 29th, 20027
21        this photograph was taken?                         21      A. I have no idea. That's what it says.
22      A. Well, obviously, this photo was taken during      22      Q. That's what it says underneath that line,
23        the filming of Conspiracy Theory when I'm on       23           correct?
2                                                            24
 4
                                                                     Q. And the alticie has a quotation fi'om you in
                                                                                                                                  I
          the sixth floor of the book depository down                A. Yup.
25        in Dallas, Texas, and I'm peering out trying       25



                                                                                                                                  II
                                                Page 2 7 8                                                           Page , " 0

    1     to imagine the aim that Lee Harvey Oswald              1        the second paragraph, does it not?
                                                                 2   A. What's that?
          Kennedy. I know that much about it.
    2     allegedly took when he shot President Jack
                                                                 3
                                                                 4
    3                                                                Q . The article has a quotation attributed to you


                                                                                                                                  I
    4   Q. And the text that appears immediately below                    in the second paragraph?
    5     the photograph says, "Jesse was a Navy SEAL.           5   A. Yup .
    6
    7
          Could he have made this shot from the sixth
          floor sniper's nest?"
                                                                 6
                                                                 7
                                                                     Q. And that quote is, "To the best of my
                                                                       knowledge, I was never fired upon , " close                I
                                                                                                                                  j
        A. I didn't write that.                                  8
        Q. YOll d idn't write that?
    8                                                                  quote, right?
    9                                                         9      A. Yes.
10      A. No, not at alL                                    10      Q. Do you recall gi ving that quote?
11      Q . Did you approve that?                            11      A. No.
12      A. No. I've never seen this before. I have no        12      Q. Do you deny that you gave that quote?
13         idea.                                             13      A. Not -- I don't know. Again, how -- one
1                                                            1
 4                                                            4
        Q . Did you know that that waS being put on the                doesn't always know if they've been fired
15         website or whatever of t mTV --                   15        upon. But to the best of my knowledge, I
16      A. No.                                               16        wasn't.
17      Q. -- in connection --                               17      Q. O kay .
18      A . I had no id ea . I did qualify expert both in    18                 (Exhibit DX-74 marked
19         pistol and rifle, though.                         19                 for identification .)
20      Q. Have you seen this pictl\l'e and copy before?     20                           RE DACTED
21      A . No, I don't recollect that I have.               21
22      Q. Do you think that that's an appropriate           22
23        photograph and a copy to promote --                23
        A . Do
                                                             25
24            I what?                                        24
25      Q. Do you think that thal's an appropriate

                                                                                         70    ( Pa g e s 2 7 7 to 2 8 0 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 72 of 84



                                                                                                             i
                            ..
                                 P a ge 2 8 1                                                 Page 2 8 3


                                                                                                             1
 1              RE DACTED                        1                      R E DACTED


                                                                                                                I
 2                                               2
 3                                               3

                                                                                                             I
                                                                                                             1
 4                                               4
 5                                               5
                                                                                                             1

                                                                                                             I
 6                                               6



                                                                                                             I
 7                                               7


 9                                               9
 8                                               8

                                                                                                             I
                                                                                                             I
10                                              10             (Exhibit DX-75 marked

12
11                                              11             for identification.)                          1

                                                12   BY MR. BORGER:                                          !
                                                                                                             j
                                                                                                             i
                                                                                                             !

                                                                                                             I
13                                              13   Q. I'm showing you what's been marked as
14                                              14     Exhibit 75 . Do you recognize that as chapter

                                                                                                             I
15                                              15     12 fi'om your book American Conspiracies
16                                              16     published in 20 1 07                                  j
17                                              17   A. UhMhllh. Yes.                                        I
                                                                                                            1
                                                                                                             I
                                                                                                             J


19                                              19
18                                              18   Q. And this is an entire chapter devoted and
                                                       captioned, "What Really Happened on                   I
                                                                                                             1
                                                                                                            j
20                                              20                                                          .1
                                                       September 1 1 thll; i s that correct?

                                                                                                            I
21                                              21   A. Yes.                                                l




                                                                                                             I
22                                              22   Q. Patt ofthat chapter deals with research and          I


24
                                                                                                            !
23                                              23     things that other people have written about
                                                24     or said about September 1 1 tho I assume from


                                                                                                            I
25                                              25     our prior d iscussion that that's research

                                 Page 2 8 2                                                   P age 2 8 4   I


 1
 2
                RE DACTED                        1
                                                 2
                                                       that would have been assembled by
                                                       Dick Russell; i s that correct?
                                                                                                            1
                                                                                                            i
                                                                                                            i
                                                                                                            I
 3                                               3   A. More than likely.
 4                                               4   Q. And there are also opinions expressed within        I
 5                                               5     this chapter. Those would be opinions that           1
                                                                                                            I
 6                                               6     YOll either told to Dick Russell 01' approved        I
                                                                                                            i
 7                                               7     p1'iOI' to publication of the book?                  I
                                                                                                            1

 9                                               9
 8                                               8   A. Unless you give me the specific opinion, I          1




                                                                                                            I
                                                       can't respond to it.
10                                              10   Q. Page 1 42 --

                                                12                                                          1
11                                              11   A. One fOlty-twO?

                                                                                                            1
12                                                   Q. _w which would be the first page of tilat


                                                                                                            I
13                                              13      chapter where it says, "My take) II in the

                                                                                                            1
14                                              14      box --
                                                                                                            I
15                                              15   A. Yup. Yes.


                                                                                                            I
16                                              16   Q. M "our government engaged in a massive

                                                                                                            I
17                                              17     coverup of what really happened, including

19                                              19                                                          I
18                                              18     its own ties to the hij ackers. Unanswered


                                                                                                            I1
                                                       questions remain about how the towers were
20                                              20     brought down and whether a plane really
21                                              21     struck the Pentagon. The Blish administration


                                                       proceed or they had a hand in it themselves.
22                                              22     either knew about the plan and allowed it to
                                                                                                       II
23                                              23


                                                25
24                                              24     Did I read that correctly?
25                                                   A. That's what it says.
                � ""




                                                                       71   ( Pa g e s 2 8 1 to 2 8 4 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 73 of 84


                                                           285
                                         "



                                                                                                                          I
                                                   Page                                                     Page 2 8 7

                                                                       BY MR . BORGER:
                                                                                                                         I
 1   Q. Is that in fact your take on September 1 1th?              1


                                                                   3
 2   A.    My take on September 1 1 th is that it was              2   Q. I'm going to direct your attention again to
 3        absolutely a conspiracy. Even our government                   the monitor here.
 4        admits that. There were foul' planes, so it              4               (Following is a transcription of
 5        had to be a conspiracy.                                  5              a video clip being played.)
 6           Now the question then arises to which                 6               UNIDENTIFIED SPEAKER: Another one

                                                                   8                                                     I
 7        conspiracy do we attribute it to, and youtl'e            7     ofyoUI' conspiracy theories, JFK, you say
 8        ahvays going to get mUltiples then. Whenever                   there's something behind that, you know

10
          anything is a conspiracy, you will get
                                                                  10                                                     !
 9                                                                 9     something no one else knows.

                                                                  11
          multiple conspiracies. And the point i s    ��                          MR. VENTURA: Well, we will on our

                                                                  12
11        at that point is to statt looking at evidence                  show, people if they watch it will see for
12        and constructing the evidence and formulate                    the first time ever visually, audibly and
13        your opinion from there.                                13     written a confession t o the murder of

15
                                                                                                                         I
14   Q. Do you believe the Vice-President Richard                 14     John Kennedy. We have it.

                                                                         want to let us know, give tiS a hint, i s it
       Cheney had a role in that conspiracy?                      15              UNIDENTIFIED SPEAKER: Now you
                                                                                                                         !
16   A. I don't know i f he had a role in it, but                 16

                                                                  18
17        there's certainly so many unanswered                    17     anyone who we think it was?
18        questions that I would love to heal' answered,                          MR. VENTURA: It's a prominent

                                                                                                                         I
19        and I'm not alone on that. The fact that his            19     person who confessed on his deathbed to his

                                                                  21                                                     I
20     testimony was given along with the                         20     son and made his son promise to go public
21     President's and they were allowed to testify                      with it. Well, the son has been attempting

                                                                  23
22     together in front o f the 9/1 1 commission to              22     to fOl' two years, but of course mainstream
23     m e i s ridiculous. He nevel' did answer the
                                             I think it was
                                                                         media ignores him. So -- so we've got i t

                                                                                                                         1
24        question on the plane where   --                        24     first. I'm glad. I want to thank mainstream
25     Transpol1ation Secretal,), Mineta testified to             25     media, because while they're worried about      ,


                                                                                                                  288
                                                                                                                         !
                                                   P a ge 2 8 6                                            Page

 1     the   9/1 1 commission that a subordinate came              1     the death of Anna Nicole Smith, when they're
 2     in and informed Cheney that the plane was 30                2     worried about whether pro athletes are
 3     minutes o ut, he came back out and inf  ormed               3     cheating on their wives, 01' when they're
 4     him it was 20 mimltes out, he informed him a                4     worried about all these other things, these
                                                                         topics of whetheI' to build a mosque in
 6
 5     third time it was 1 0 minutes out and then                  5
       asked the Vice-President, liDo the orders                   6     New York which constitutionally says they

 8                                                                 8
 7     still stand?" And Mineta testified the                      7
                                                                                                                      t
                                                                         can, end of story, they leave it wide open
       Vice-President swung around and said, "Of                         for my employment. Me and my crew -- you're
                                                                                                                      1


                                                                  10
 9     course they. Do have you heard anything to                  9     now --
10     the contrary?" I would like to know what                                  UNIDENTIFIED SPEAKER: -- a lot of
11     those orders were, what are they talking                   11     these things, Governor, a lot of the things

                                                                         completely agree with you. With the mosque 1
12     about there. And things of that nature                     12     that you've been saying right now I
                                                                                                                      I
13     you're not a llowed t o know. They've never                13
14     printed anything more. And, in fact,                       14     don't agree, constitutionally agree they do

16
15     Mineta's statements now have been redacted                 15     have a right to. I just --
       from the 9/1 1 commission so that you won't                16             MR. VENTURA: (Inaudible.)

18                                                                18
       find them anymore if you go looking fol' them.
                                                                         they should move it away because --
17                                                                17             UNIDENTIFIED SPEAKER: -- think
       And so I also spoke with people that l ived

                                                                  20
19     through the tragedy, that stU'vived it in the              19             MR. VENTURA: Wait --
20     course of doing my show and other things, and                             UNIDENTIFIED SPEAKER: -- of what
21     they've told a far different story than the                21     happened at 9/1 1 .
22     official stOl,), we have been told. So i f                 22             MR. VENTURA: Wait --
23     you're asking me do I question the official                23             UNIDENTIFIED SPEAKER: There were
24     st01,)" the answer is yes.                                 24     3,000 Americans who died at 9/1 1 --
25               MR. BORGER: Let's play 1 0 .                     25             MR. VENTURA: That's right .

                                                                                     72   ( Pa g e s 2 8 5 t o 2 8 8 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 74 of 84



                                                                                                                                          I
                                          "
                                                      Page 2 8 9                                                       Page 2 9
                                                                                                                                  1
 1              UNIDENTIFIED SPEAKER: -- and it                     1   things like speech don't need protection,
 2    bothers me --                                                 2   unpopular does. IfyotJ subject the


                                                                    4
 3              MR, VENTURA: And who really                         3   Constitution to other things --
 4    killed them?                                                                     UNIDENTIFIED SPEAKER: Is there                     ,




                                                                    6
 5              UNIDENTIFIED SPEAKER: And it                        5   any question that 19 radical Muslims hijacked


                                                                    7
 6    bothers me --                                                     airplanes in America, flew them into four
 7              MR. VENTURA: And who really                             locations throughout the two World Trade
 8    kil ied them?                                                 8   Center buildings, tl'ied to get one into --


10
 9              UNIDENTIFIED S PEAKER:           --   that          9   into the White House and buried one i nto the


11                                                                                     MR, VENTURA: 1 have great
      they want to put a mosque 500 feet fi:om                     10   Pentagon?
      that --                                                      11


13
12              MR, VENTURA: (Inaudible)                           12
                                                                                                                                      1
                                                                        question on it.
      strippers there,                                             13                  UNIDENTIFIED SPEAKER: How can you I
14              UNIDENTIFIED SPEAKER: Who l'eally                  14   say that, sir?
                                                                                                                                      !
                                                                                                                                      1.
15    killed them? Radical Muslims who claimed                     15                  MR, VENTURA: Easy.

                                                                   17
16    into the World Trade Centel' and 3,000 people                16                  UNIDENTIFIED SPEAKER: How can you
17    died. So don't go there. Move that mosque a                       go there?
18    few blocks away.                                             18                 MR, VENTURA: How can I go there?
19              MR. VENTURA: No, the point is                      19   Hold on.


                                                                   21
                                                                   20                  UNIDENTIFIED SPEAKER: I lost
                                                                        friends in the World Trade Center. I watched
20    that mosque -- if it was a Catholic church no


22
21    one would care. The fact is it's already
                                                                   22                                                                 I
                                                                   23
                                                                                                                                      l
      been there --                                                     one of the airplanes fly into the World Trade


                                                                   24
23              U NIDENTIFIED SPEAKER: Governor --
                MR . VENTURA:
                                                                        Center.


                                                                                                                                      I
24                               -   - for years --                                    MR. VENTURA: You tell me that's a
25              UNIDENTIFIED SPEAKER:            --   as far       25   building collapsing or a building exploding.

                                                      Page 2 9 0                                                       P a ge 2 9 2

 1    as 1 know --                                                  I                   UNIDENTIFIED SPEAKER: That's a
 2              MR. VENTURA: You cannot ""                          2   building collapsing. I watched --
                                                                    3
 4
 3    wait --                                                                           MR. VENTURA: Thaes a building
                                                                    4
                                                                                        UNIDENTIFIED SPEAKER: 1 watched
                UNIDENTIFIED SPEAKER:             --   Catholic         exploding.
 5    priests didn't - -                                            5
 6              MR. VENTURA: Wait --                                6   the plane fly into the building, I watched it


                                                                    8                   MR. VENTURA: It didn't collapse,
 7              UNIDENTIFIED SPEAKER:             -   - fly         7   burn and I watched it collapse from within,


                MR. VENTURA: No, but they molest                    9
 8    planes into the World Trade Center --
 9                                                                      it exploded.
10    children,                                                    10                   UNIDENTIFIED SPEAKER: S o you're


                                                                   12
11              UNIDENTIFIED SPEAKER: Well, wait                   11   going to try and tell -- what are you trying

                                                                                                                                      I
12
                                                                                                                                      I

      a minnte �-                                                       to say here?


14                                                                 14
13                                                                 13




                                                                                                                                      I
                MR . VENTURA: Wait a minute now --                                      MR. VENTURA: I'm trying to say
                UNIDENTIFIED SPEAKER: -- then                           that there's way more to 9/1 I than what
15    don't put --                                                 15   mainstream media and our goverrmlent --
16              MR. VENTURA: Wait a minute now --                  16                   UNIDENTIFIED SPEAKER:         I
                                                                                                                                      j
17                                                -"               17
                UNIDENTIFIED SPEAKER:                  then             watched --
                                                                                                                                      1
18                                                                 18                   MR. VENTURA:    -   - has told us. How        !
                                                                                                                                      !
      don't put --


20
19              MR. VENTURA: Wait a minute now --                  19   much actual --                                                I
                UNIDENTIFIED SPEAKER:             --   a child     20                   UNIDENTIFIED SPEAKER: I watched               I
                                                                                                                                      1

21    care center next to a .-                                     21   the airplane fly into the towers,


23
22              MR. VENTURA: What you want to do,                  22                   MR. VENTURA: I saw it too.
      you want to hold the Constitution to a                       23                   UNIDENTIFIED SPEAKER: And you're
24    popularity contest. The Constitution is                      24   telling me It didn't happen?
25    there to protect unpopular things. Popular                   25                   MR, VENTURA: No, I'm telllng
                                                                             " '" ".,,,.. ,


                                                                                              73   ( Pa g e s 2 8 9 t o 2 9 2 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 75 of 84


                                                  Page   2 93                                                        Page   2 95
 1    you --                                                     1     to tell me that someone in Washington decided
 2             UNIDENTIFIED SPEAKER: Are you                     2     that this would be a good idea to get into a
 3    telling me my government sanctioned this?                  3     war so that, what, so that we can have oil
 4                                                               4
      all the wars, if you go back to World War II
               MR. VENTURA: I'm telling you that                       from Iraq, is that what this is all about?


 6
 5                                                               5            MR VENTURA: Yeah, and s o that we
                                                                                     .



      when the Japan ese said the Chinese attacked               6     can have lithium from Afghanistan. A month


 8                                                               8
 7    them on the mainland, that was fraudulent.                 7     ago they quoted we -- amazing, we just


 9
      Vietnam, they've now admitted the                                discovered a vein of l ith ium could be worth a
      Gulf of Tonkin incident never happened,                    9     triHion dollars. What do we use l ithium
10    right? Fifty-eight thousand - -                           10     for? Cell -- evelY cell phone, evmy
11            UNIDENTIFIED SPEAKER: Let's get                   11     computer --
12                                                              12
               MR. VENTURA: Wait a minute.
      to the --                                                                 UNIDENTIFIED SPEAKER: Wel l, I
13                                                              13     don't th ink that that --
14             UNIDENTIFIED SPEAKER: -- World                   14              MR. VENTURA: -- and every soon to
15    Trade Center.                                             15     b e --
16             MR VENTURA: Fifty-eight thousand
                       .                                        16              UNIDENTIFIED SPEAKER: I don't

18
                                                                17
                                                                                MR. VENTURA: -" electric car.
17    in my generation were killed over an incident                    think that that --

19
      that didn't happen. Ws known history. The                 18
     Reichstag fire of Germany --                               19     You're going to teU me they didn't know the
20           UNIDENTIFIED SPEAKER: What are                     20     lithium was in Afghanistan?
                                                                21
             MR . VENTURA: I'm suggesting that
21   you suggesting happened on September 1 1 th --                             UNIDENTIFIED SPEAKER: They may
                                                                22
                                                                               MR. VENTURA : What, was there a
22                                                                     not h ave known it was there --
23   governments do things to get us into wars.                 23
24   I'm saying 9/1 1 was to get us into Iraq and               24     REAN on patrol and tripp e d over it?
25   get us into Afghanistan .                                  25             UNIDENTIFIED SPEAKER: I -- I'm
                                                  Page   294                                                         Page   296
 1             UNIDENTIFIED SPEAKER; W e planned                 1     going to tell you I think it would have been

 3
 2   it? The United States planned for the                       2     cheaper to buy the lithium than to be in a
     hijacking of -- of American planes --                       3     war for ten years .
 4          MR VENTURA: How much
                   .                         -­                  4             MR VENTURA: No, it's not. We
                                                                                    .



 5         UNIDENTIFIED SPEAKER; -- into the                     5     always go to war to get --
 6   World Trade Center?                                         6            UNIDENTIFIED SPEAKER: We spent
 7         MR. VENTURA: How much -                               7
           UNIDENTIFIED SPEAKER: I was
                                              ­                        mOre than a trlllion dollars on wars. I

 9                                                               9
 8                                                               8     think it would h ave been cheaper to just buy
     there. I was there. I worke d in the                              the darn thing.
10
            MR. VENTURA: Don't yell at me.
     building -"                                                10              MR VENTURA: Remember tha t any
                                                                                   .



11                                                              11     country in the world that denies corporations

13
12          UNIDENTIFIED SPEAKER: -- I know a                   12     becomes our enemy. Remember that. Take Cuba
     lot about it --                                            13     and China. We love China, because China
14          MR VENTURA: Don't yell at me.
                   .                                            14     welcomes our corporations. They're
                                                                15
     what I did, sir. Here's what I d id do. I
15          UNIDENTIFIED SPEAKER: -- here's                            communist. Cuba is communis t, we hate them
16                                                              16     because they don't accept our corporations.
17   comfolied fHends' wives and children after                 17     Remember, that's who our militalY fights for.

19
18   they died. I raised money for firemen who                  18              UNIDENTIFIED SPEAKER: Do me a
     died in the World Trade Center --                          19     favor, when and where can we find the show?
20             MR. VENTURA: B ut the point is                   20              MR. VENTURA: It will be Friday
21   how much --                                                21     night, it statts tomorrow n ight, the first
22           UNIDENTIFIED SPEAKER: -- I saw an                  22     on e is just down the road, Plum Island.
23   a irplane fly into the World Trade Center    .             23              (Video clip stopped.)
24   That's -- 1 s aw it with my own eyes and now               24   BY MR. BORGER:
25   you're going to tell me -- now you're going                25   Q. Governor Ventura, is that you on that

                                                                                         74   ( Pages 2 9 3 t o 2 9 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 76 of 84


                                         "
                                                         Page       297                                                              Page       2 99
 1     recording ?                                                                   1   irrational.
                                                                                                                                                               j
 3
 2   A. Yes.                                                                         2            UNIDENTIFIED SPEAKER: I said it's
     Q. And the show that the host is talking ab out,                                3   your rationale    �.



 4     is that Conspiracy Theory?                                                    4           MR VENTURA: Excu se me. Excuse
                                                                                                       .



 5   A. Yes.                                                                         5   me . D o you real ly believe that evil people

 7
                                                                                                                                                               I
 6   Q . Do you recall when you gave that interview?                                 6   can't be in charge of governments? Tfyon
     A. No. I give hundreds.                                                         7   do, go talk to the Germans, they know a

                                                                                     9
 8   Q. IfI were to tell you that we have a                                          8   little ab out that, that evil people can get

10
 9     transcript of that particulae sh ow th at                                         in cha rge . Governments are run by people.


11
       suggests it was on Follow the Money for                                      10   People c an b e bad .

12
       October 14th, 20 1 0, woul d you have any reason                             11            UNIDENTIFIED SPEAKER: S o
       t o chal lenge that?                                                         12   Dick Cheney is involved, Ashcroft i s
                                                                                                                                                               I
     Q. Okay. And that show, Follow the Money, is on
13   A . No.                                                                        13   involved, all these people got together and

                                                                                                                                                               1
                                                                                                                                                               ,

14                                                                                  14   planned -- I mean, come on . M ad n ess .
15
                                                                                         but you 'll fully accep t that 1 9 Islamic
       the Fox Business Network, correct?                                           15          MR. VENTURA: Oh, that's m a d ness,
                                                                                                                                                               I
16   A . I don't know.                                                              16
17             MR. BORGER: Let's play 12.                                           17   radicals armed with boxcutters taking orders
18             (Following i s a transcription of                                    18   from a guy in a cave in Afghanistan c ould

20
19             a video clip being played.)                                          19   defeat our multibillion d ol l ar a il' defen s e --


21

                                                                                                                                                               I
               UNIDENTIFIED SPEAKER: Do you                                         20            UNIDENTIFIED SPEAKER: Yes.

22
       genuinely believe, Jesse Ventura, that                                       21            MR. VENTURA: -- system - -


23
                                                                                    22
                                                                                                                                                               !
       President George W. Bush knew 9/11 was going                                               UNIDENTIFIED SPEAKER: Yes.
       to happen?                                                                   23            MR. VENTURA : -- which the
                                                                                                                                                               I
24             MR. VENTURA: No.                                                     24   Russians couldn't do?
25             UNIDENTIFIED SPEAKER: Why did you                                    25            UNIDENTIFIED SPEAKER:              Jesse,
                                                         Page 2 9 8                                                                  Page 3 0 0

 1     say it then?                                                                  1   th at's exactly what happened. That 's exactly
 2             MR. VENTURA: No.                                                      2   w hat happ ene d.


                                                                                                                                                               I
 3             UNIDENTIFIED SPEAKER: What did                                        3            MR. VENTURA: Really?


              MR . VENTURA: But I believe
 4     you say?                                                                      4            UNIDENTIFIED SPEAKER:


                                                                                                                                                               I
 5                                                                                                                                                             I
                                                                                     5   Unfoliunately, they exp o sed a massive flaw in

 7
 6     Dick Cheney knew it.                                                          6   homeland security.


                                                                                     8
                                                                                                                                                               ,
               UNIDENTIFIED SPEAKER: Real ly?                                        7            MR. VENTURA: And what wa s it?
 8             MR. VENTURA: Yup.                                                                  UNIDENTIFIED SPEAKER: The flaw

       h e knew it was going to happen?
                                                                                                                                                               l
 9             UNIDENTIFIED SPEAKER: You believe                                     9   was that these guys had been training and
10                                                                                  10   often aiming to go one way, aiming to land
11             MR. VENTURA: I believe they had a                                    11   planes in a certain (inaudible) land th em ,                          I
12     good -- well, why did John Ashcroft quit                                     12   from the take-off, but not land, all these                            I
                                                                                                                                                               1
                                                                                                                                                               ,

13     flying commercial pl anes that summer and                                    13   were clues that this was a weird set of
14     switch only to private planes? Why did that                                  14   circumstances. I'm afraid thatls exactly
                                                                                                                                                               I
16
15     h appen?                                                                     15
                                                                                                                                                               1
                                                                                         what happened. (Inaudible) conspiracy

                                                                                                                                                               I
                                                                                                                                                               I


17                                                                                  17
               UNIDENTIFIED SPEAKER: You donlt                                      16   theorist, but I ho ld great resp ect for you

                                                                                                                                                               I
       honestly believe these peop le - - I don't                                        and yOUt' book is velY readable. The problem


19                                                                                                                                                             I
18     believe you believe that. You donlt honest ly                                18   is on c e you start buying into these theories,

20
       think Dick Cheney knew it was going to                                       19   you never stop. And with the Internet these


21            MR. VENTURA: D o you rea lly
       happen --                                                                    20   days, there's a theOlY ab out everything.

22
                                                                                    21           MR . VENTURA: Yeah.


23
       believe -.                                                                   22            UNIDENTIFIED SPEAKER: Don't you


                                                                                    24
               UNIDENTIFIED SPEAKER:                - it's
                                                     -                              23   believe Princess Diana was murdered?
24     your rationale    �-                                                                       MR VENTURA:
                                                                                                       .               No, I don ' t look
25             MR. VENTURA: -- Pi ers        -�   itls not                          25   i nto that.
                                                             . ,." .".,   ...., "                                                                . ,,,....,'



                                                                                                           75   ( Pa g e s 2 9 7 to 3 0 0 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 77 of 84



                                                                                                                                                       I
                                          p
                                                   Page 3 0 1                                                                             Page 3 0 3
                                                                                                                                                       I

 1               UNIDENTlFIED SPEAKER: Well, what                1                    A. No.
                                                                 2
               MR. VENTURA: I dontt know.
 2      did you think?                                                                Q. Did you ever watch the movie?
 3                                                               3                    A. Pieces of it maybe. I can't recall.


                                                                                                                                                       I
                                                                                                                                                       I
                                                                 4
     BY MR . BORGER:
 4               (Video clip stopped.)                                                Q. Do you have any opinion of that movie that

                                                                                                                                                       1
 5                                                               5                               you can recall?


                                                                                                                                                       jI
 6   Q. Is that you on the video .-                              6                    A. Yeah, it was very -- velY nonfactual. A lot
                                                                 7
 8
 7   A. Yes.                                                                                     of things in it weren't true that they took
     Q. -� Governor Ventura?                                     8                               artistic liberty on.



                                                                                                                                                       I
 9   A. Yes.                                                     9                     Q. Did you commence any litigation in connection
10   Q. With Piers Morgan ofCNN?                                10                               with that movie?
                                                                11
11   A. Yes.                                                                          A. No.                                                           I

                                                                                                                                                       I
                                                                                                                                                       I
12   Q. Are the statements that you make on that                12                    Q. Did you ever accuse the people associated




                                                                                                                                                       I
13     recording statements that you believed?                  13                               with that movie of misappropriating your
14   A. Yes.                                                    14                               name?
15   Q. We have a transcript of that whole show which           15                    A. No.



                                                                                                                                                       I
                                                                                                                                                       I
16     indicates that it was ft'om April 4th, 20 1 1 .          16                    Q. Did you ever accuse the people associated
                                                                17
18
17     Do you have any reason to dispute that?                                                   with that movie of unjust enrichment?


                                                                                                                                                       !
     A . Apri1 4th of20 1 I ?   I would have had to have        18                   A. No.
19     been on a book tour then for Conspiracy                  19                   Q. Do you know how successful the movie was?
                                                                                                                                                       I




                                                                                                                                                       I
20     TheOlY where they flew me around, because I              20                   A . I have no way of knowing.
21     had to come up from Mexico. Was that the                 21                             MR. BORGER: Let's play 7.
22     private jet year? Must have been. So I                   22                                         (Following is a transcription of
23      assume that -- normally, 11m in Mexico at               23                                         a video clip being played.)


                                                                                                                                                       !
24     that time, but I did come up for a book tour,            24                                         UNIDENTIFIED SPEAKER: So I




                                                                                                                                                       II
25     which that could have been it.                           25                               presume that you will boycotting Fox and

                                                   Page 3 0 2                                                                             Page 3 0 4

 1   Q. All right. And Mr. Morgan is talking about a             1                               MSNBC on your book (inaudible), Jesse?
 2      book --                                                  2                                         MR VENTURA: I won't be




                                                                                                                                                       I
                                                                                                               .



 3   A. Right.                                                   3                               boycotting them. They boycott me. I'd go on
 4   Q. -- in there.                                             4                               happily. No, that's the truth, Piers.
 5   A. Right.                                                   5                               Neither of them will have me on. Neither of

                                                                                                                                                       I
                                                                 6
 7
 6   Q. That would have been the book tour --                                                    them --


 8                                                                                                         MR. VENTURA: - will have me on.             i
     A . American Conspiracies.                                  7                                         UNIDENTIFIED SPEAKER: RealIy?               j




                                                                                                                                                       I
     Q. Okay. Have you ever optioned any of your                 8                                                             -
                                                                                                                                                       I

 9      books or sold any of yOUi' rights in                     9                               Nope. It's been that way for my last three
10      connection with any of your books for a film            10                               books. None offhe Fox nighttime people will
11      adaptation or a television adaptation?                  11                               have me on, none of the MSNBC nighttime
12   A. No, not to my knowledge.                                12                               people will have me on. Now, Fox Business
13   Q. Has anyone ever approached you about that?              13                               will put me on. I think they're another
14   A . No.                                                    14                               division. I'm not sure about that. But some
15   Q . Are you familiar with a movie called                   15                               of the business shows that Fox will have me


17
16      The Jesse Ventura Story?                                16                               on. B ut, no, Fox and MSNBC have banned me.


                                                                18
     A. Yes.                                                    17                               I'm too controversial, I guess.
18   Q. I sense from your tone that you have somewhat                                                      (Audio clip stopped.)
19      negative feelings about that movie?                     19                     BY MR BORGER:   .




        with it. I had no participation in it
20   A . Not from my tone, I just had nothing to d o            20                     Q. Governor Ventura, is that you on that


22      whatsoever. I wasn't consulted. It was done
21                                                              21                               recording?


                                                                23
                                                                22                    A. Yes.
23      completely without my permission.                                             Q . Do you recall when you gave that interview?
24   Q. And I take it you received no income from               24                    A. I think a couple springs ago. Probably on
25      that movie?                                             25                               the same book tour that you got the last
                                                                              c "'
                                                                .,' :c;{,c:" i _ . :,C,.�.,-,'




                                                                                                                   76   ( Pa g e s 3 0 1 t o 3 0 4 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 78 of 84

                                     ..
                                                                                                                                   ,
                                                                                                                                   I
                                            Page 3 0 5                                                 P a ge 3 0 7
                                                                                                                                   !



     Q. In were to tell you that that occurred and                                                                                 I
 1     interview from.                                    1     have my on when I g o to New York.
 2                                                        2   Q. There are other shows that do have you on --


                                                                                                                                   I
 3     we have a transcript for that show, for the        3   A. Uh-huh. Yes.
 4     Piers Morgan Tonight Show from June 1 1th,         4   Q. -- on a fairly regular basis, including
                                                                                                                                   I
 5        20 12 ""                                        5     The View?
 6   A. Yeah, sure.                                       6   A. Yes.

 8   A. Could be. I've done it multiple times. I
 7   Q. - � you wouldn't "-                               7   Q. Including Piers Morgan?

                                                                                                                                   1
 9
                                                          8   A. Yes.
                                                          9
                                                                changed during the past 12 months?
        can't recall when I've done it.                       Q. Has your relationship with those shows                            I

10   Q. And ""                                           10
11   A . Sure, i t could be that. That could b e this    11   A. Not to my knowledge.
12      year's book tour.                                12   Q. In yoUl' Complaint you allege that you have
13   Q. Right.                                           13     been embarrassed and humiliated as a result

                                                                                                                                  I
14   A. Yeah, I maybe confused them.                     14     of Chris Kyle's statements in his book and on

                                                                                                                                  I
15   Q . And, understandable, because you've been on a   15     his appearances on the Opie & Anthony Show
16      number of book tours and --                      16     and on the O'Reilly Factor, correct?


                                                                                                                                  I
17   A . Yup.                                            17   A. Correct.
18   Q. -- you've been on Piers Morgan a number of       18   Q. Describe for me how you have been embarrassed
                                                         19
     A. And I got those beads, so I know that date.
19      times.                                                  or humiliated.
                                                         20   A. I've been emb arrass ed and humiliated because                   I
                                                                to call me a traitor to the teams is, I would
20
                                                         21                                                                       I
21   Q. And how does that date it?                                                                                                I


                                                                                                                                  I
22   A. My wife gave them to me in Mexico about a        22     tell you, the worst thing that has ever
23      little over a year ago and they just now         23     happened to me in my adult professional life

                                                                                                                                  I
                                                         24
                                                                said that 1 wished death upon the
24      broke a couple of weeks ago, that's why I               for 35 years. To be -- to be -- to have it

                                                                                                                                  !
25      don't have them on.                              25

                                            Page 3 0 6                                                 Page 3 0 8                 ,
                                                                                                                                  .I


 1
 2
     Q. Okay.
     A.    I have
                to get a new nylon thing for it.
                                                          1
                                                          2
                                                                United States military from which I come
                                                                from, from which my mother and father and
                                                                                                                                  1
                                                                                                                                  I
                                                                                                                                  !
                                                                                                                                   I
 3   Q. SO that even more refreshes yOUl' recollection    3     everyone in my family is a veteran -- not

 5      12 months?                                        5
 4     that it would have occurred within the past        4     many people can say their mom and dad are
                                                                both World War II veterans. I can. Everyone                       I
                                                                                                                                  j


                                                                                                                                  1I
                                                                                                                                  i


                                                                country in the militalY.
 6   A. Yeah. Yes.                                        6     in my immediate family has served their

 8                                                        8
 7   Q. You indicate in that audio recording that a       7


                                                                                                                                  II
       number of shows don't have you on anymore
                                                                upon any facet of aliI' military is
                                                                    And for him to say that I wished death
 9     because you're just too controversial?             9


                                                         11
10   A. Oh, I like to say that. I just think they        10     unconscionable and it's the worst thing
                                                                                                                                  I
11     don't like me 01' -- 01' they have a larger              that's been done to me in my 35-year                              I
12     agenda.                                           12     professional career, which includes being a

                                                         14
13   Q. Okay. Whatever the reason, a number of           13     villain in professional wrestling where it

15
14     networks have not had you on in connection               was my job to make people angry with me.
       with book tours for the past three 01' four       15     Nobody even then has said anything that even

                                                                says about m e, my character and everything
16     books, correct?                                   16     comes close to the level of what this book
17                                                       17
                                                                that I am for 61 years of my life.
     A. For the last couple books.
18   Q. Okay. I think you said three.                    18
     A. Well, I could have misstated and misquoted.
                                                                always thought I would be safe. It was done
19                                                       19         And -- and it was done in a place where I
20     You're on a live interview. I know my last        20


                                                         22
21     two they -- they wouldn't have me on. The �-      21     in a place where I always thought that I
22     Hanllity had me on maybe three or foUl' years            could -- that there would be trust in the

24
23     ago on on maybe the Revolution book maybe.
                    �.                                   23     teams. And to have that happen, it's the

                                                         25
       But I know in the last two books they won't       24     worst thing other -- I wiII say this,
                                                                             H"



25     have me on. They turned me down, they won't              other than my wife divorcing me and dying 01'
                                                                                                                , '..,'..,..,.,


                                                                                 77   ( Pa g e s 3 0 5 t o 3 0 8 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 79 of 84


                                                    Page 3 0 9                                                          Page 3 1 1
                                             II



 1
       This is the WOl'st thing that could have been
          my chi ldren dying, this is next on the list.           1      January of 2 0 1 2. I didn't know any of this                !
                                                                                                                                      I
                                                                                                                                      I
 2                                                                2     even existed until JanualY of 20 1 2.

                                                                                                                                      I
 3        done to me, the worst.                                  3   Q. Okay. Is there any occasion other than the
 4   Q. And how has that affected you?                            4      August 20 1 2 reunion that you have avoided
 5   A. It's affected me emotionally, it's affected               5      attending as a result of these statements


                                                                  7
 6
       perceived by the I'est of the militalY, how 1
          me how   how I fee l now how I'll be
                   --                                             6      attributed to you?


                                                                                                                                     I
 7
       cotdd be perceived by them, that Jim some
                                                                      A. There hasn't been anything else I could go to
 8                                                                8      that I would attend, that is the only thing,
 9     SOlt of traitor to the teams. There's                      9
                                                                      Q. Okay. Earlier today you heard Mr. McPaltIin
                                                                         and I avoided it this year.
                                                                                                                                     I
                                                                                                                                     !
10     nothing worse you could do to one of us than              10
11     what he did to me, nothing.                               11      say that he had heard about this incident
12   Q. Has anyone in the SEAL community told you to             12      sometime in 2006. Do you remember that?                      !
13     your face that they consider you a traitor?               13   A. Uh-huh.
                                                                                                                                     jj

                                                                                                                                     I
                                                                                                                                     j
14   A. I haven't talked to any of them too much                 14   Q. Okay. At any time between 2006 and Jammry


                                                                                                                                     1
15                                                               15
       I am not. 1 haven't - I don't - I haven't
          other than the ones who know me and know that                 of 2012 did you attend Navy SEAL gatherings?
16                                                               16   A. Yes.
                                                                                                                                     1
                               -         -



17     spoken with anyone -- since this has come                 17   Q. Okay. When did you atten d such gatherings?                 .,



                                                                 18                                                                  1
                                                                                                                                     J
                                                                                                                                     i
18     down, I have had no contact with the teams                     A. I know for celtain I attended August of20 1 0,
19     except for the ones that are involved in this             19      because that was the dedication of my class's
                                                                                                                                     !
                                                                                                                                     I
20     court case and a few other very, velY close               20      40th year anniversary. Because we graduated
21                                                               21

                                                                                                                                     1
        fi'iends.                                                        in '70, so this would be 40 years later. We
22                                                               22

                                                                                                                                     j
     Q . Have you been avoiding occasions when other                     also -- every class, when I went through
23     members of SEAL teams might have been                     23     training, would present something to the

                                                                 25                                                                  I
24     present?                                                  24      instructors at the end of a training, and my

                                                                                                                                     1
25   A. Have I avoided them?                                             class presented the now infamous bell. They

                                                    Page 3 1 0                                                      Page 3 1 2
                                                                                                                                     I
 1
                                                                                                                                     I



                                                                                                                                     I
     Q. Yes.                                                      1     have a big bell that you ring when you want                  I

                                                                  2
     Q. And 1 believe that the last time you had been
 2   A. Yes. I wouldn't go to the reunion this year.                     to quit. Well, they didn't have that prior
 3                                                                3
       to a reunion was 20 I 0, am I remembering that
                                                                         to my class 58. We presented that bel l And.




 5
 4                                                                4
                                                                         because it was the fOllr (sic) year
                                                                         so I for sure went back August of 2 0 1 0,
       right?                                                     5


 7
 6   A. That's correct.                                           6      anniversmy, and I have T-shitis at home that
     Q . SO yOll didn't go in 20 1 1 ?                            7      says, "The hell bell, a 40-year tradition,"
 8   A . No.                                                      8      and so I attended in 2 0 1 0.

                                                                 10
 9   Q. Why d idn't you do in 20 1 1 ?                            9   Q. When you attended in 20 1 0 did anyone speak to
10   A. lUnd of every other year. I don't know,                          you about an incident --
11
                                                                                                                                     I
       maybe I was busy. Oh, I know why, because I               11   A . No.
12                                                               12   Q. -- in --
                                                                                                                                     !
       also have a charity golf tournament here in
                                                                      A. I've already told you the first I learned of
                                                                                                                                     I.
13     Minneapolis that I've participated in for                 13
14     decades and sometimes they fall on the same               14     this incident was January of 20 12. That's


                                                                                                                                     !
15                                                               15
                                                                         only time 1 had ever heard anything about
       weekend and I'm made to choose between my                        the first thing that I ever -- that's the
16     charity golf tournament at Roosevelt High                 16
17        S chool, Hiawatha G olf Course or going out and        17     this was JanualY of20 1 2 when his book was
                                                                 18
                                                                      Q. Okay. In addition to the August 20 1 0
18        going to a reunion with the teams. They --                     released and he went on a press junket.
19     for many years theylve been conflicted, so I              19
20     kind of rotated them to be fair to both.                  20      reunion, have there been other occasions when
21   Q. Okay. Apatt from the reunion in August of                21     you've been -- gotten together with SEALs?
22     20 12, i s there ally other occasion that you             22   A . S�lre.
23     have avoided going because of the publication             23   Q . Between -- and, again, between October of
       of this book 01' the appearance --
25
                                                                 24
                                                                      A. Well, when you make a statement like that, it
24                                                                      2006 and JanualY of20 1 2.
     A.    I only knew of this book and this whole thing         25

                                                                                        78     ( P ag e s 3 0 9 t o 3 1 2 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 80 of 84


                                                          P a ge 3 1 3                                                    P a ge   315 !


                                                                                    I remember one year that I was there when
 1        would b e SEALs I served with who know that                     1      incident it got ridiculous.
 2        this is bogus crap. So those are the only                       2
 3        people that I've had contact with really.                       3     Rudy had been on S urvivor, it was the year
 4   Q. Okay.                                                             4     after he had been on Survivor, Rudy Boesch,


                                                                                year, I don't recall if it was '98 or 2000 01'
 5   A. This has poisoned me with the SEALs that                          5     and Rudy and I laughed with each other that
 6        don't know me, not the ones that do.                            6
 7   Q. Okay. And how do you know that it has                             7     whatever, that both of liS needed to go get
 8        poisoned you with SEALs that don't know you?                    8     these cardboard cutouts that we could put up
 9   A. From some of the depositions that my attorney                     9     and that way everyone could have their
10        has taken, he's made it clear to me that they                  10     picture with the cardboard cutout and we
11        seem to have liked me before they heard about                  11     could visit with our fi'iends and teammates
12        this.                                                          12     without being bothered incessantly the whole
13   Q. Before they heard about this or before they                      13     weekend. But this was all prior to '06 that
14        observed your behavior i n October of2006?                     14     all this happened.
15               MR OLSEN: . Object to the form of
                             .                                           15   Q. And when you say, "All this," you mean the
16        the question.                                                  16     constant attention       �.



17                     THE WITNESS : Well, let's -- we'll                17   A. The massive attention, huge attention at all
18        wait for trial on that one.                                    18     the -- all the   �-   all the reunions.
19   BY MR BORGER:.                                                      19   Q. Okay. So you didn't encounter anything
20   Q. You have not reviewed any of the transcripts                     20     really like that at the reunion in 20 1 0, did
21        of the      ��   those depositions, have you?                  21     you?
22   A. Vel'baIly, I've discussed a few with my                          22   A. Twenty-ten, no, no.
23     attorney.                                                         23   Q. Okay.


                       MR. OLSEN: And we don't need to
24   Q. Okay.                                                            24   A . Not nearly as much .
25                                                                       2S   Q. Just a little bit from time to time?

                                                          Page 3 1 4                                                      Page 3 1 6

 1        talk about --                                                   1   A. Dh-huh.
 2   BY MR. BORGER:                                                       2   Q . Has there been a Class 3 5 8 graduation, to
 3   Q. All right. And I'm not -- I don't want you                        3     yollt' knowledge?
 4        to tell me what yoUI' attorney said.                            4   A. No. There is no Class 358, to my knowledge.
 5   A. Yeah, and I don't want to reveal what my                          5   Q. Okay.
 6        attorney and I discuss. That's                                  6   A. They're not that far out yet. No, not i n
 7        attorney/client privilege.                                      7     light of ·· if 25 8 was i n '06, 358 would have
 8   Q. That's why my question was have you read any                      8     to be probably at least ten years later 01'
 9        of the actual testimony.                                        9     more, because they can't run through that
10   A. No.                                                              10     many classes, I don't think. The most they
11   Q. Okay. When you went to the SEAL reunions                   -­    11     can do is about three or four a year.
12   A. Which one?                                                       12   Q. SO you've got three, fom, five years b efore
13   Q.    --   the ones -- all the ones that you've been                13     there's a Class 358?
14        to in the past, how much time did you spend                    14   A. Three fifty�eight, I would think so.
15        with the people you knew and how much with                     15   Q. And apalt from the reunions, you wouldn't
16
     A . I tty to spend all the time, the ma
          people you did not know?                                       16     have any occasion to go to a mass meeting of
17                                          jority of                    17     SEALs, ex-SEALs apart from the reunions?
18      the time with the people that I know. Bllt                       18   A. Apalt ft'om the reunion?
19        there's a lways a -- generally, there's a                      19   Q. Right.
20        constant barrage of people coming up for                       20   A . No, I would not.
21        pictl\l'es 01' autographs 01' whatever it might                21   Q. Okay. And even the reunions, you're only
22        be. A great deal of that happened more                         22      going to -- would have only been going to
23        so -- much more so back in the days when I                     23     once every couple of years because of your
24        was governor at that -- the 2000 era prior to                  24     charity gig, right?
25        this incident. And -- and prior to this                        25   A. No, the charity gig is over. And -- and I --

                                                                                                 79      ( P ages 3 1 3 to 3 1 6 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 81 of 84



                                                                                                                    J
                                    "
                                            Page 3 1 7                                                 Page 3 1 9



                                                                                                                I
 1       and there were a few years that they adjusted      1     or ice or anything. So my move to Mexico was I
 2      the golf -- my fHend Joe Brown who runs the         2     basically "" I watched my parents become
 3
 4
        golf thing, adjusted and he moved his
        tournament the week before so I could then go
                                                            3
                                                            4     elderly, up here in Minnesota, and I swore to
                                                                  prisoners of their home as they got older,

                                                                                                                I
                                                                                                                    !
                                                                                                                    I
 5      to both. There were years I did that too            5     myself I would never let that happen. So


                                                                                                                    I
 6      where I would attend both when he adj usted.        6     that's another reason that I choose to go to



                                                                                                                    1I
 7      Because I told him, I said, IIJoe, youll'e          7     Mexico in the winters, because I don't like

                                                                Q. Okay. Can YOll think of anything beyond what
 8      making it tough on me, I have to choose             8     Minnesota winters.
 9      b etween my UDT SEAL reunion and your golf          9
10      tournament. It would be great if you could         10     you've already told me this afternoon about

                                                                                                                    I
11      get them on different dates. II So he stalted      11     embarrassment and humiliation that you're

        I said, liThe third weekend in August, just                                                             I
12      doing that for me, he scheduled it. Because        12     alleging in this lawsuit?                     ,
13                                                         13   A. EvelY day of my life I walk around looking

15
14      stay away from that weekend, II because that's     14     over my shoulder now wondering who believes

                                                                  It is constant. Can 1 name anything? No.
        the date that it always is or the weekend          15     that and who doesn't. Yeah, it's constant.
                                                                                                                ,
                                                                                                                1
                                                                  It -- but ies a constant. It goes on all
16      that it is.                                        16
17   Q . Apart from skipping the August 2012 SEAL          17                                                   1
18      reunion, is there any activity from which you      18     the time --
19      have refi'ained as a result of the publication     19   Q. That's --

        on Opie & Anthony and the O'Reilly Factor?
20      of the book and the appearances of Chris Kyle      20   A. " " where I think to myself does this


                                                                                                                    I
21                                                         21     person -" did this person read this book, did
22   A . Is there anything that I have chose not to go     22     this person hear this fictional tale, does
23      to because of that?                                23     this person believe Pm a traitor to the
24   Q. Anything that you chose not to do that you         24     United States of America and to the military
25      would have done.                                   25     because of what was written in this book.
                                            P a ge 3 1 8                                               Page   320
 1   A. I haven't done much at all this year. I've          1     Yeah, I have n o way o f knowing, but I feel it
 2      been focused on this completely a great deal        2     all the time,
 3      since I've come back fi'om Mexico, of this          3   Q. Okay. And that's a SUbjective feeling as
 4      lawsuit, so I haven't even enteltained doing        4     opposed to an objective fact that you can

 6
 5      anything else. This is number one priority          5     point to, correct?
        for me right now.                                   6              MR OLSEN; Obj ect to the form of
                                                                             ,



 7   Q. What months do you typically spend in               7     the question,
 8      Minnesota?                                          8              THE WITNESS: I donlt know.
 9   A. What months do I typically spend in                 9   BY MR BORGER:
                                                                        ,




                                                           II
10      Minnesota? June through December.                  10   Q. Has anyone over the -- has anyone at any time
11   Q. Okay. And then in Mexico JamJaty through --               in 20 1 2 criticized you to yom face - -
12

                                                                                                                    I
     A . Through May.                                      12   A. Yes.
13
     A. 01' into May. I'll come home sometime in May,
     Q . - - end of May?                                   13   Q. -- in connection with this book?
14                                                         14   A. Yes.                                             l
                                                                                                                    I
15      but January through May .                          15   Q, Who?                                             I
                                                                                                                    1
                                                                                                                    i
                                                                  people, all SOlts of people brought it up.
                                                                                                                    I
16   Q. You've been spending a l ittle more than half      16   A. Multiples on all my -- on my book tour, radio
17      a year in Minnesota and a little less --           17
18   A. Oh, yes.                                           18     In fact, there were times that this took away

                                                                                                                    !
19                                                                                                                  !
     Q. -- in Mexico?                                      19     from me promoting my latest book that I had       !

20   A. I would say it would be at least seven to          20     to defend myself.
21      five, I j list want to get out of here for the     21   Q. Okay. And there have been a number of
22      winter. I -- I don't know how to skate, I've       22     interviews in the course of your latest book
23      never learned -- I've never liked winter, I        23     tour when it never came up, correct?
24
        in a pool all winter. I've never l iked snow
        was a high school swimmer, so I spent my time      24   A. There were interviews where it didn't come up
25                                                         25     and there were interviews where it did,

                                                                                 80   ( P age s 3 1 7 to 3 2 0 )
      CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 82 of 84



                                                                                                                  I
                                           Page 3 2 1                                                Page 3 2 3

 1                                                       1
 2                                                       2
     Q. Okay. Can you identify the ones where it               speCUlate about how much of any recovelY you

 3                                                       3
     . did?                                                    might donate to charity?

 4                                                       4
     A. Howard Stem. Whose the big guy ft'om                 A. Some things, Counselor, are more important

 5                                                       5   Q. SO YOlll' answer to my question is no, you
       Chicago, the guy that got waterboal'ded? I              than money.

 6                                                       6
       can't think of his name now. The syndicated

 7
 8
       guy out -- Mancow out of Chicago. Chad
       Hartman right here in Minneapolis.                7
                                                         8
                                                               don't choose to speculate about how much you
                                                               might give?
                                                                                                                 1
                                                                                                                  !
 9                                                       9
     Q. And did they simply ask you about the lawsuit        A. What's more impOitant to me is to have a jul'Y l,

10                                                      10                                                     IIJ
       or ask you about the statement?                         clear my name and find the evidence in my

11                                                      11
     A. No, they asked me if it was true.                      favor to where then I can stand proud and

12                                                      12                                                        I
     Q. Okay. And --                                           tall again for who I am. That's way more

13                                                      13
     A. Ifwhat was written in this book was true and           impOltant to me than financial, way more.
                                                             Q. I want to come back to something I asked you I!·
14                                                      14                                                        I,
       I had -- I informed them that I had never


15                                                      15                                                        I
       seen this guy before in my life until January           earlier today. You're aware that a number of

16                                                      16
       of this year, to my recol lection, had never            people have given signed declarations and

17                                                      17
       laid eyes upon him before.                              given deposition testimony in connection with

18                                                      18
     Q. And did any of those individuals indicate to           this case, are you not?

19                                                      19
       you that they believed that it was true?              A. Yes.

20                                                      20
     A. They didn't -- it never got to that.                 Q. Okay. And those declarations have been made

21                                                      21
     Q. That piece of it never came up?                        patt of the public record, have they not?

22                                                      22
     A. Not with me directly. B ut I certainly had to        A. I assume so.

23                                                      23
       defend myself.                                        Q. Do you believe that making those declarations

24                                                      24
     Q. Have you made any statements to third parties          patt of the public record has improved your

25                                                      25
       privately 01' publicly about yOUl' intentions           reputation?
       regarding any recovery that yOll might receive                  MR OLSEN: Which declaration?
                                                                          .




                                           Page 3 2 2                                                Page 3 2 4

 1                                                       1
 2                                                       2
        in this lawsuit?                                                 THE WITNES S : Which declarations

 3                                                       3   BY MR. BORGER:
     A.   On this lawsuit?                                      are we talking about?

 4                                                       4
     Q.  Yes, sir.

 5                                                       5
     A.  Not that I recollect. I don't think so.             Q. The ones that have been filed on behalf of

 6
     Q.  Have you made any statement that you intend            Chris Kyle.

 7                                                       7
        to donate�.                                      6   A. In other words, Chris Kyle's witnesses?

 8                                                       S
     A. I believe I said I would give some -- give           Q. Correct.

 9
        money if ! if! did to the Wounded Warrior
                  H-                                         A. That's what you're saying to me?

10      year 01' so ago 01' when it first started. r
        Foundation. I believe I may have said that a     9   Q. Yes, sir.

11                                                      11
                                                        lO   A. And so the question is do -- repeat the

12                                                      12
        don't you know, yeah, I could have said
            w_                                                  question then using Chrls Kyle's witnesses so

13                                                      13
        that.                                                   I can understand it.

14                                                      14
     Q . Okay. Do you recall --                              Q. Do you believe that the filing of

15                                                      15
     A. That's not never mind.                                  declarations of Chris -- of witnesses who

16
                      H_




                                                        16
     Q. I didn't mean to cut you off.                           have submitted declarations on behalf of

17                                                      17
     A . No, that's fine. I shouldn't talk. I'll                Chris Kyle and the attendant public attention

18                                                      18
        wait for when it counts .                               to those declarations has improved or had a

19                                                      19
     Q. Okay. Do you recall to whom you made those              negative effect upon your public reputation?

20                                                      20
        statements?                                          A . Negative on my public reputation, very

21                                                      21
     A. No.                                                     negative.

22                                                      22
     Q . Is that something you actually intend to do         Q. Okay. Would those declarations have been

23                                                      23
        if you should recover?                                  filed if you had not brought this lawsuit?

24                                                      24
     A . I think that's a hypothetical question that                     MR OLSEN: Object to the form of

25
                                                                          .




     Q . Okay. And I take it you don't want to          25
        cantt be answered.                                      the question.
                                                                         THE WITNESS : Would they have been

                                                                              81   ( Pa g e s 3 2 1 to 3 2 4 )
     CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 83 of 84


                                      ..       Page 3 2 5

 1     filed had I not brought this lawsuit?                 1              (Exhibit DX-76 marked
 2             MR BORGER: Correct.
                   .                                         2             for id entification .)
 3             THE WITNESS:        I have no way of          3             THE WITNESS: Do I Stand Alone?


     BY MR. BORGER:
 4     knowing that.                                         4   BY MR. BORGER:
 5                                                           5   Q. Showing you what's been marked as Exhi bi t 76,
 6   Q. Do you have an opinion as to whether your            6      Governor Ventura, do you recognize the title
 7     bringing this lawsuit has brought more                7     page of Do I Stand Alone?
 8     negative attention to this incident than the          8   A. Yes.


       appearances on Opie & Anthony and the
 9     original pUblication of the book and the              9   Q. And that's a book fi·om 2000 to    200 1   that was
10                                                          10     published under your name with Julie Mooney,
11     O'Reilly Factor?                                     11     correct? Correct?
12   A. No.                                                 12   A. That's correct.
13            MR. OLSEN: O bject to the form of             13   Q. Calling your attention to the bottom of
14     the question.                                        14     page 255, do you see the paragraph that


               MR.
15             THE WITNESS: S01'1'),.                       15     stmis with, "It's not j ust me"?


                                                                 Q. Ok ay. Would you read f the record that
16                     OLSEN: Go ahead.                     16   A. Yes.


     BY MR. BORGER:
17             THE WITNESS: No.                             17                             or
18                                                          18     paragraph after the sentence, "ltts just"   -­



                                                                   "It's not just me. "
               MR .                                              A. "It's not just me. OUI' coutts are cl ogged
19   Q. Can you explain youI' answer, please?               19
20                     OLSEN: O bject to the form of        20


                                                                   ridiculous a lawsuit rna)' seem, the COUtts
21     the question.                                        21     with frivolous lawsuits. No matter how
22            THE WITNESS: You asked me ifT                 22
23     thought that -- which caused more harm, the          23     have to treat it seriously. People don't
24     lawsuit or what was done to me, and I told           24     even need to hire a lawyer to file a lawsuit,
25     you what was done to me, because had that not        25     they can fill out the forms and file it all

                                               Page 3 2 6                                                      Page   328
 1     been done, there would be no lawsuit.                 1     b y themselves, the cost t o them i s minimal,
 2            MR B ORGER: Okay.
                   .                                         2     so they have no incentive to make sure they
 3             THE WITNES S : Had that chapte1' not          3     have a good case. People can even use
 4     been written, we wouldn't be sitting here             4     fi'ivolous lawsuits as a means of harassing
 5     today, sir. So everything goes back to what           5      the people they don't like. That shouldn't
 6     was originally written has caused all of              6      be allowed to happen. "
 7     this. So it really -- I have to protect               7   Q . Okay. I s that passage consistent with things
 8     myself. If I wouldn't have brought this               8     that you told Julie Mooney during the
 9     lawsuit, to me it would h ave been like               9     preparation and drafting of the manuscript
10     stating that that book was tme. So I --              10     for this book?

                                                                 Q. Are those sentiments that YOll b elieved when
11     my -- I had no choice in the matter, I had to        11   A. I would assume so.
12      do it, because it's a lie and it's untrue and       12
13      none of it happened, and the only way I can         13     the book was published?
14      do that is to prove it in court.                    14   A. Yes.

                                                                 A. I hadn't thought about it until right now. 1
15   BY MR. BORGER:                                         15   Q. Are they sentiments that you believe today?
16   Q . Have you considered the possibility that a         16
17     jury would conclude that Chris Kyle's account        17     hadn't read this for a decade 01' more, so I
18
                MR . OLSEN: Object to the form of
       is the true account and not yours?                   18     really couldn't -- I'd have to sit down and
19                                                          19     think about it awhile.

                THE WITNESS : No. JIm a great
20     the question, calls for speCUlation.                 20   Q. Okay. Fair enough.
21                                                          21   A. If you're asking me if this is frivolous, no.
22     believer in a saying that you'll probably            22     I have a lawyer, I didn't file it on my own.
23     heal' if you look deep enough, when you tell         23   Q. There was no question outstanding.
24     the truth, you donrt h ave to have a good            24   A. Pardon me?
25     memory.                                              25   Q. There was no question outstanding and that is

                                                                                  82     ( P ages 3 2 5 t o 3 2 8 )
             CASE 0:12-cv-00472-RHK-AJB Document 178-1 Filed 08/05/13 Page 84 of 84



                                                                                                                                                   i
                                                       ..
                                                            Page   329                                                              P a ge 3 3 1

  1          not what I was asking you.                                   1
                                                                          2
                                                                                                                                                   1
                                                                                                                                                   j

  3                        MR. BORGER: Let's take about a
                                                                                                                                                   II
  2        A. Oh, okay.
                                                                                     I, James George Janos, have read this
                                                                          3

                                                                                                                                                   j
  4            five�minute break. I j ust want to go back                            deposition transcript and acknowledge

  6
  5
                           THE WlTNESS: What time is it?
                                                                                                                                                   !
               ovel' my notes.                                            4
                                                                                      herein its accuracy except as noted:

                                                                          6


                                                                                                                                                   I
  8
  7                        THE VlDEOGRAPHER: We are going                 5

  9                        (Whereupon, a brief recess
               off the record at 5:29 p.m.
                                                                          7

10
                                                                          8
                                                                                                Witness Signature

11
                           was taken.)
                                                                          9                                                                        I
12                                                                       10
                           THE VIDEOGRAPHER: We are back on


13                                                                       11
               the record at 5 :40 p.m.

14                                                                       12
                           MR. BORGER: Governor Ventura,

15                                                                       13
               that concludes my questions for you today.

                                                                         14
16
                           THE WITNESS: Thank you,

                                                                         15
17
               appreciate it. Have a good day,
                                                                         16
18             and we will read and sign. Off the record,                17
                      MR. OLSEN: I have no questions,

19                                                                       18
                                                                                                                                                   I
                                                                                                                                                   I
                           THE VIDEOGRAPHER: We are going

21                                                                       20
20             offthe record at 5:40 p.m.                                19


22                                                                                                                                                 I
                      (Whereupon, the foregoing
                                                                         21

23                                                                                                                                                 1
                      deposition concluded at 5 :40 p.m.)

                                                                                                                                                   1
                                                                         22

24
                                                                         23


                                                                                                                                                   1
                                                                                                                                                   1
                                                                         24                                                                        1

25                                                                       25



                                                                                                                                                   I
                                                            Page 3 3 0                                                              Page 3 3 2

                                                                          1
                                                                                                                                                   !
      1          DEPosmON CORRECTION SHBET                                    STATE OF MINNESOTA )
      2   TITLE: Go\'. Jffie Ventura ,"s. Chris Kyle
                                                                                       ) ss
                                                                          2
          WITNESS; lame' G,org.I,no,


                                                                                                                                                   1
      3
                                                                                                                                                   J
                                                                              COUNTY OF ANOKA   )
          LINE DESIRED CHANGE                                             3
      4
                                                                                   Be it known that I took the foregoing
      5
          --                                                              4   deposition of Jumes George Janos, on November 12th,
          --
      6
                                                                              2012, i n Minneapolis, Minnesota;
                                                                          5
      7                                                                            That I WlIS then and there a notary public                      j
          � -


                                                                          6
      8
          --                                                                          or
                                                                              in and f the COllnty of Anoka, Stute of Minnesota,
                                                                              and that by virtue thereof, I was duly authorized
                                                                                                                                                   I
          --                                                              7   to administer an oath;
      9
          --
                                                                          8         That the witness W!lS by me first duly
  10                                                                          sworn to testify to the tnlth, the whole tnlth and
          --                                                              9   nothing btlt the tmth relative to suid cause;
                                                                         10
  11
                                                                                   That the f oregoing transcript is a tme

                                                                                                                                                   I
          --
  12                                                                          and correct transcript of my stenographic notes in
                                                                         11


                                                                                                                                                   J1
          --                                                                  said mutter;
                                                                         12
  13
                                                                                    That the witness reserved the right to
          --
  14                                                                          read und sign the transcript;
          --                                                             13
                                                                                    That I a m 1I0t related t o any o f the
  15

                                                                         14
                                                                                                                                                   I
          --
  H                                                                           parties hereto, lIor interested i n the outcome of
          --                                                                  the nction;
                                                                         15
                                                                                                                                                   Ii
  17
                                                                                                                                                   I
  18
          - -
                                                                                    WITNESS MY HAND AND SEAL this 25th day of
                                                                         16

                                                                                                                                                   I
          - -                                                                 November, 2012.
  19                                                                     17
  20
          --
                                                                         18
          --                                                                             Amy L. Larson, RPR
  21                                                                     19              My Commission Expires 01/30/15
  22
          --                                                             20
          --
                                                                         21
  23                                                                     22
          --                                                             23
  24
          --
                                                                         24
  25                                                                     25
 c
c .




                                                                                                        83      ( Pa ges 3 2 9 t o 3 3 2 )

								
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