OHIO — The public is getting a closer look at Les Wexner’s testimony before Congress.
On Thursday, the House Government Oversight Committee released video of the nearly five-hour deposition of the Ohio billionaire, focused on his relationship with convicted sex offender Jeffrey Epstein.
What You Need To Know
- Lawmakers questioned Les Wexner about inconsistencies in his testimony, including why he signed a birthday card to Jeffrey Epstein as “your friend Leslie"
- Former federal prosecutor Subodh Chandra said depositions are sworn testimony and can be used in future criminal or civil proceedings
- Chandra criticized what he described as “real-time live coaching” after Wexner’s attorney was heard whispering instructions during questioning
For some, it’s not just about what Wexner said to lawmakers, but how he said it.
In the congressional deposition, Wexner testified under oath. Some of his answers were short, and at times, those asking questions pointed out inconsistencies.
In one exchange, committee attorneys pressed Wexner about a birthday card he gave Epstein.
“You said multiple times you did not consider yourself friends with Epstein… why would you sign, ‘your friend Leslie’?” the attorney asked.
“I don’t know. I can’t explain why I wrote ‘friend.’ We weren’t friends,” Wexner responded.
Earlier in the deposition, Wexner said Epstein was hard to remember because of how deceptive he was.
“Some of this is really difficult to remember because Jeffrey was such a con… I can’t imagine a bigger crook or con the world has ever seen,” Wexner said.
Wexner has not been charged with a crime connected to Epstein, and the deposition is not a trial.
Still, former federal prosecutor Subodh Chandra said it carries weight because it is sworn testimony.
“They’re doing fact gathering for their own investigative purposes,” Chandra said.
Chandra said witnesses typically prepare for depositions with their attorneys, but there are limits.
“Typically, what would happen is the attorney for the witness would go over all of the facts and anticipated questions perhaps even do a rehearsal or a dry run, to help the witness answer truthfully and clearly. What should not be happening ever in the preparation is coaching by the attorney about how precisely to answer a question,” Chandra said.
In one moment, Wexner’s attorney, Michael Levy, was heard whispering, “I will **** kill you if you answer another question. Five words, okay.”
Chandra criticized that interaction.
“I have seen the video of the lawyer whispering into the ear of Les Wexner. In my view, that was completely improper. That was real-time live coaching about how to answer questions, and I just don’t think it was appropriate,” Chandra said.
Chandra also said that short answers in depositions can be legitimate.
“It’s only appropriate to answer, ‘I don’t recall’ or ‘I don’t remember’ when that is the truthful response to the particular question that is asked,” Chandra said.
Because what is said in a deposition can carry legal consequences.
“A deposition is sworn testimony under oath, so it can be used for any purpose, really. It could be used in a criminal trial of Wexner… It could be used in any civil proceeding,” Chandra said.