Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al

Filing 419

DECLARATION re 417 MOTION for Summary Judgment by President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97)(Ellsworth, Felicia)

EXHIBIT 02

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF MASSACHUSETTS

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BOSTON DIVISION

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* * * * * * * * * * * * * * * * * *

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STUDENTS FOR FAIR ADMISSIONS,

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INC.,

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Plaintiff,

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v.

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PRESIDENT AND FELLOWS OF HARVARD

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COLLEGE (HARVARD CORPORATION),

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Defendant.

Civil Action
No. 14-cv-14176
(ADB)

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* * * * * * * * * * * * * * * * * *

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Rule 30(b)(6) Notice to Students for Fair

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Admissions, Inc.

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Videotaped Deposition of EDWARD J. BLUM

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Tuesday, July 12, 2016

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9:05 a.m.

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Wilmer Cutler Pickering Hale and Dorr LLP

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60 State Street - 26th Floor

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Boston, Massachusetts 02109

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-----------

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J. Edward Varallo, RMR, CRR

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Registered Professional Reporter

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email exchange and phone calls with friends and

2

allies.

3
4

A.

Yes.

The other -- Did I include

designing, helping to design a website?

5

Q.

Nope.

Tell me about that.

6

A.

Okay.

I helped Engage design a website.

7

Q.

So you together with EngageDC helped

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design the website?

9

A.

Correct.

10

Q.

What was your role in that?

A.

Described what the website should do, what

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12

What did you

do?

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we wanted to accomplish, and reviewed the various

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designs that were submitted to us.

15
16

Q.

And when you say the website, which

website are you referring to?

17

A.

Students for Fair Admissions.

18

Q.

And what about the Harvard Not Fair

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website?

20

A.

That as well.

21

Q.

So part of the launch of SFFA was to

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23

design the Harvard Not Fair website?
A.

Not exactly.

The Harvard Not Fair, UNC

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Not Fair and UW Not Fair really preceded sort of the

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launch of Students for Fair Admissions.

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A.

I guess that would be me.

2

Q.

And what about in the 2013 time frame, who

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was primarily responsible for membership

4

recruitment?

5

A.

Primarily probably me.

6

Q.

And in 2014 who was primarily responsible

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for membership recruitment?

8

A.

Primarily me.

9

Q.

The interrogatory response also talks

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about day-to-day operations of SFFA on page 4 and

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indicates that you are responsible for those

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operations.

Do you see that?

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A.

Yes.

14

Q.

And that was in July 2015, this particular

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interrogatory.

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A.

Okay.

17

Q.

Are you still primarily -- Are you still

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responsible for the day-to-day operations of SFFA?

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A.

Yes.

20

Q.

And what do those operations entail?

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A.

Communicating with members, communicating

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with the board, and communicating with counsel.
Q.

And prior to July of 2015, were you also

responsible for the day-to-day operations of SFFA?
A.

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Yes.
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2

Q.

Is there anybody else at SFFA who is

responsible for the day-to-day operations?

3

A.

No.

4

Q.

Is Mr. Fisher responsible for any day-to-

5

day operations?

6

A.

No.

7

Q.

Is Ms. Fisher responsible for any day-to-

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day operations?

9

A.

No.

10

Q.

Are counsel responsible for any day-to-day

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operations?

12

A.

Oh, yes.

13

Q.

Without disclosing any consultation with

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counsel, can you describe to me any actions that

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counsel are responsible for in connection with the

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day-to-day operations of SFFA?

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MR. STRAWBRIDGE:

And I'll object on

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grounds of privilege and instruct the client that he

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may answer this question only to the extent that he

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does not reveal the actions or advice of counsel.

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23

A.

Every question of substance is discussed

with counsel.
Q.

Can you provide without disclosing advice

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of counsel, can you provide detail on what you mean

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by a question of substance?

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I just don't

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A.

All right.

2

Q.

Sorry, through 73, really, with the

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signature pages.

4

Have you seen this document

before?

5

A.

Yes.

6

Q.

And what do you understand this document

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to be?

8

A.

9
10

This is our, sort of our founding document

to organize our organization.
Q.

And it is signed by the three members of

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the board of directors on that date in 2014.

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Is

that right?

13

A.

That's right.

14

Q.

Who are Richard Fisher, Abigail Fisher,

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and yourself?

16

A.

Correct.

17

Q.

The document on Bates 68 -- the Bates

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number is the number in the bottom right of the

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page, in case you're not familiar -- is a unanimous

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written consent in lieu of an organizational

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meeting.

Do you see that?

22

A.

Yes.

23

Q.

And what do you understand that to mean,

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that title?

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MR. STRAWBRIDGE:

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Objection, calls for a

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of SFFA?

2

A.

Yes.

3

Q.

And was there discussion between you and

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Abigail Fisher about her becoming the secretary of

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SFFA?

6

A.

Yes.

7

Q.

And did she agree to become the secretary?

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A.

She did.

9

Q.

Who appointed -- Who appointed yourself as

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president of SFFA?
A.

It was a collaborative understanding

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between the three of us and it was kind of a

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direction that we took informally leading up to this

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establishment.

15

Q.

When you say the direction that you took,

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do you mean you were serving, playing the role of a

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president-type role before this was officially

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enacted?

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you meant by that last answer.

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21
22

A.

Or maybe I'll just ask you to explain what

I was the leader, if you will, of the

organization of this group.
Q.

And I asked who appointed you as president

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of SFFA.

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Ms. Fisher?

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A.

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It was yourself and Mr. Fisher and

We all agreed that I would be president.
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2

Q.

Was anybody else involved in that

decision?

3

A.

No.

4

Q.

And who appointed Abigail Fisher as

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secretary?

6

A.

7
8
9

She agreed to serve in that capacity after

consultation with myself and Richard Fisher.
Q.

Was anybody else involved in that

decision?

10

A.

No.

11

Q.

And who appointed Richard Fisher as

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treasurer?

13

A.

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He agreed to serve in that capacity after

consultation with myself.

15

Q.

And with Ms. Fisher as well?

16

A.

And with Abby.

17

Q.

And was anybody else involved in that

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decision?

19

A.

No.

20

Q.

Did you consult with anybody, any members

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or nonmembers of SFFA, before this August 6th

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organizational action was taken?

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MR. STRAWBRIDGE:
question.
A.

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That is a yes or no

You may answer that question yes or no.
So the question is, did I consult with
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Q.

So who are the affiliate -- Without giving

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me any names, are there members of SFFA that are not

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affiliate members?

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5
6
7
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MR. STRAWBRIDGE:
the question.
A.

Object to the form of

You may answer.

So all members of SFFA at the time of the

adoption of these bylaws were affiliate members.
Q.

Thank you.

That was my question.

There

were no other type of members at that time?

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A.

No other type of members.

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Q.

And so affiliate members did not have any

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voting rights at the time of the adoption of the

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bylaws.

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15
16

A.

Correct?
They did not have voting rights at the

time of the adoption.
Q.

And they did not have voting rights at the

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time the complaint was filed in this litigation.

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Correct?

19

A.

That's correct.

20

Q.

Did the affiliate members have any role in

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electing any of the officers of SFFA?

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A.

No.

23

Q.

Did the affiliate members when these

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bylaws were in effect have any role in appointing

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any of the directors of SFFA?

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A.

No.

2

Q.

Did the affiliate members at the time

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these bylaws were in place have the right to vote on

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anything involving the purpose or the mission of

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SFFA?

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7

MR. STRAWBRIDGE:

I'll object to the form

of the question.

8

A.

No.

9

Q.

Did they have the right to vote to modify

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SFFA's purpose?

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A.

No.

12

Q.

Did they have the right to ratify any

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action that SFFA took?

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15

MR. STRAWBRIDGE:

I will object to the

form of the question.

16

A.

No.

17

Q.

What was the purpose of SFFA at the time

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19

that these bylaws were in effect?
A.

To further our mission, which was to end

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the use of race in the admissions process through

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litigation and through advocacy.

22

Q.

And members, affiliate members of SFFA at

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the time these bylaws were in effect, were they

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required to agree with that mission to become a

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member?

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Q.

Okay.

So we'll go ahead and play the

2

first clip, please.

3

And let us know if you can't

see or hear.

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THE WITNESS:

I can see it.

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MR. STRAWBRIDGE:

Counsel, for the record,

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can we just, are these all clips taken from the

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video that's represented in this exhibit?

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9
10

MS. ELLSWORTH:

They are all clips from

the video represented in this exhibit which is on
YouTube.

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MR. STRAWBRIDGE:

Okay, thank you.

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(Video clip played as follows:

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"So I needed plaintiffs; I needed Asian

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plaintiffs.

And finding plaintiffs to challenge the

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Ivy League admissions policies, Harvard in

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particular, is not an easy thing to do, so

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I started -- I designed three websites,

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HarvardNotFair.org, UNC, University of

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NorthCarolinaNotFair.org, and UWNotFair.org."

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(End of video clip.)

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THE WITNESS:

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So painful to watch.

BY MS. ELLSWORTH:
Q.

Mr. Blum, that was you speaking that we

just presented.
A.

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Is that correct?

Yes, it was.
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now.

2

Q.

Okay.

3

A.

There were considerably more than 16,000,

4

but we used 16,000 as sort of a safe harbor because

5

we wanted to verify that perhaps, you know, all of

6

them were accurate and correct and could be

7

legitimate members of SFFA.

8
9

Q.

So when the interrogatory response was

given on July 2nd of 2015, was that before

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Mr. Connolly had completed his task of reviewing

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that big influx of numbers?

12

A.

I don't know.

13

Q.

What was the reason for providing this

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15
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safe harbor that you just testified to?
A.

Concern about providing information that

was inaccurate.
Q.

And was that concern driven by this

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technological situation that had arisen with the

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influx of new members in June 2015?

20

A.

Yes.

21

Q.

Do you know now what a more accurate

22

number would have been in July of 2015?

23

A.

I have an estimate of that.

24

Q.

What is that estimate?

25

A.

Slightly over 20,000.

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2

Q.

So the overwhelming of EngageDC's system

was by about 20,000 new members?

3

A.

That's correct.

4

Q.

In a how-many-week period or how-many-day

5

period?

6
7

A.

I'm unsure exactly how many, but it was a

relatively short number of days.

8

Q.

Was it less than a week?

9

A.

About a week, I would think.

10

Q.

And then once the payment process was put

11

in place on July 30th, is it fair to say that the

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membership growth slowed substantially?

13

A.

It did.

14

Q.

Do you see the new members

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contemporaneously now?

16

A.

I do.

17

Q.

About how frequently do new members flow

A.

So there are two things that flow to me

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19

in?

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contemporaneously:

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SFFA without joining and then people who contact us

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through SFFA and join.

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that contact us through SFFA without joining, but

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I see both of those categories contemporaneously.

25

Q.

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people who contact us through

So there are a lot of people

What is the email address that they use to
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COURT REPORTER'S CERTIFICATE

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I, J. Edward Varallo, RMR, CRR, Registered

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Professional Reporter and Notary Public in the

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Commonwealth of Massachusetts (my commission expires

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12/09/2022), hereby certify that the deposition of

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Edward J. Blum taken on July 12, 2016, in the matter

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of Students for Fair Admissions v. President and

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Fellows of Harvard College (Harvard Corporation);

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and The Honorable and Reverend the Board of

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Overseers, was recorded by me stenographically and

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transcribed; that before being sworn by me, the

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deponent provided satisfactory evidence of

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identification as required by Executive Order 455

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(03-13) of the Governor.

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I certify that the deposition transcript

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produced by me is true and accurate to the best of

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my ability.

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I certify further that I am not counsel,

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attorney, or relative of any party litigant, and

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have no interest, financial or otherwise, in the

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outcome of this suit.

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<%Signature%>
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_____________________________
DATED:

212-279-9424

7/15/2016

J. Edward Varallo
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