January 26, 2010
By Rick Jacobs
This witness is probably very clever. He is belligerent, but clever. I fear that even though he is worthless or worse for their side, he’ll be great to say that he was bullied or whatever. He was not. He’s just uncooperative and not an expert on anything discernable.]
Boies: Did Prof. Quayle write anything in here about same sex marriage?
David Blankenhorn (DB): No. I’m not aware of her ever having said anything about same sex marriage. That was written in 1988.
DB: No. She’s a historian. That’s a term that comes from sociology.
Boies: Neither Davis, nor Quayle, or Fraser, nor Committee of Anthropology of Northern Ireland, nor prof. Vandenberg, nor prof. Malinowski talk about same sex marriage or deinstitutionalization of marriage?
DB: Not correct.
Boies. I was trying to speed things up, but it won’t work.
DB: I can speed things up.
Boies. Let’s do it my way.
Boies: Fraser, same sex or deinstitutionalization?
Boies: Quayle, same sex or deinstitutionalization?
DB: Either uses deinst or uses same argument. My best understanding is that he does use that term.
Boies. At end of that long speech, you said yes.
DB: Not long speech.
Boies: I get to ask the questions. I ask them in a precise way to get you to say yes, no or I don’t know.
DB: That was not a long speech. I can’t answer these yes or no. I do know the answers and I can’t answer when you ask that way.
Boies: (Finally gets him to answer “I don’t know.”) There. I knew I could do it!
Boies: Royal Institute discusses same sex or deinstitutionalization of marriage?
DB: Not same sex, but in substance discusses process of deinst.
Boies: Can you find that for me sir?
DB: If you get me the book, I can.
DB: I tried to make clear that I did not rely on them for same sex and deinstitutionalization. They are historians.
Boies: I’m trying to make the same point, that you tried to make, that you did not rely on any of the people in this notebook to arrive at your conclusions?
DB: That’s not correct. We already found that Prof. Davis dealt with deinst.
DB: I can’t find it here, but he does.
DB: Not on same sex marriage.
DB: Deinst, in body of writing.
Boies: In those materials in your binder does Malinowski deal with subject of deinst of marriage?
DB: I don’t know.
Boies: Prof. Levi Straus?
DB: I can save time by saying that he does not deal with same sex marriage but I don’t know if he dealt with deinst. Quite confident that this is only article in my testimony.
[This is the last for today, but I may try to reflect tonight. The presentation phase of the trial ends tomorrow at noon. It’s kind of sad, but it’s way time.
Boies keeps trying to get him to answer yes, no, I don’t know.
The judge is very amiable, but pushing. He said, Mr. B, you can answer the questions and then Mr. Boies or your counsel can ask what you think.]
Judge Walker: Perhaps a good night’s sleep will help everyone here. Can we conclude by noon tomorrow?
Boies and Cooper confer.
Boies: Yes, I can sharpen my questions and perhaps the witness can sharpen his answers and we can work together to get that done.
Judge Walker: Mr. Cooper, will you call Mr. Schubert?
CC: I don’t believe that will be necessary. We can solve the evidentiary issues between us.
Judge Walker: Very well.
CC: Tomorrow at 8:30?
Judge Walker: Absolutely! See you tomorrow.