Orr offers a laundry list of lawyers from the city, the state.
DiChiara says these lawyers are paid by the citizens of the state and therefore should be public information.
Judge: How does this square with your [DiChiara’s] assertion that this fits a scheme?
City Attorney: “We submit these conversations were privileged.”
Judge: Should there be a different ruling than the one previously made in this case on this same matter?
Dichiara: These are critical discussions.
Judge: "I will sustain the objection" .. but went on to ask Kevyn Orr whether he had one-on-one discussions with the governor specifically on bankruptcy and Kevyn Orr said: “I don’t recall any.”
DiChiara takes exception with the judge’s ruling.
Judge wants to clarify whether there were discussions outside of legal counsel.
Orr: No, your honor.
11:30 AM --
This is the most informative bit of questioning of the day. DiChiara continued attempting to find out more about Orr’s feelings regarding pension benefits and how they fit into the June 14 turnaround plan’s introduction and whether negotiations were conducted or possible.
DiChiara: Would you have accepted any proposal that would have not cut pension benefits?
Orr: "We were prepared to accept any counter proposals but that does not mean agree to."
D: "Would you have agreed to any proposal that did not include cuts to pension benefits?"
Orr: "Probably not."
12 PM --
DiChiara wanted to know about Orr’s thoughts on how the Flowers lawsuit was being executed and a hearing on a temporary restraining order on a bankruptcy filing.
Orr: "I believe it was behavior that was calculated to preventing me from doing my job."
D: "Couldn’t you have waited a few days to see if the judge would have ruled?"
O: "Mr. DiChiara: We had waited almost a month."
DiChiara continued asking about whether Orr had directly discussed with the governor whether he had asked for state assistance regarding pensions.
Orr: "I don’t recall."
Judge Rhodes: "Wait a minute. You do not remember asking the governor to write a check for $3.5 billion?"
Orr: "I don’t recall asking it in that context your honor. There are things I can testify to."
DiChiara: "Do you recall ever making a request to the governor in any context seeking assistance, financial assistance from the state for some or all of the city’s pension obligations?"
Orr: “I don’t recall asking for assistance in that form. I do recall asking whether the state had an ability to offer assistance."
After considerable jousting between DiChiara and State attorneys regarding objections to Orr under attorney client privilege having to answer the Judge ordered an answer.