Harvey Weinstein seeks to publish ‘exculpatory’ emails from assault accuser

Harvey Weinstein’s attorneys have been granted an emergency hearing Thursday in Delaware bankruptcy court, as they seek permission to publish “exculpatory” emails from one of his accusers in his criminal case.

Weinstein faces six sex crimes charges in New York, involving three accusers. Weinstein’s criminal attorneys are expected to file a motion in New York Supreme Court to dismiss the indictment on Friday. On Wednesday, his attorneys in the Weinstein Co. bankruptcy case asked the court’s permission to include emails from one of the accusers in the publicly filed dismissal motion.

“It is Mr. Weinstein’s belief that these e-mails are material and exculpatory and the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of the indictment,” Weinstein’s attorneys wrote.

Weinstein was granted access to his work emails through the bankruptcy court in May. He had been seeking them since October, shortly after his ouster from the company, arguing that they would help him defend himself from sexual misconduct allegations, both in civil and criminal court.

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Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
A police officer is seen in front of the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
NEW YORK, NY - MAY 25: Harvey Weinstein departs New York Police Department's First Precinct in handcuffs on May 25, 2018 in New York City. (Photo by Jackson Lee/GC Images)
Film producer Harvey Weinstein, surrenders on sexual assault charges to the New York City Police Department (NYPD) in New York City, U.S., May 25, 2018. REUTERS/Amr Alfiky
Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Mike Segar
Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Mike Segar
NEW YORK, NY - MAY 25: Harvey Weinstein turns himself in to the New York Police Department's First Precinct after be served with criminal charges by the Manhattan District Attorney's office on May 25, 2018 in New York City. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein leaves a New York criminal court after posting bail following his arrest this morning on charges of rape, committing a criminal sex act, sexual abuse and sexual misconduct on May 25, 2018 in New York City. Weinstein's bond was set at $10 million and he will be required to wear a GPS monitoring system. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein turns himself in to the New York Police Department's First Precinct after be served with criminal charges by the Manhattan District Attorney's office on May 25, 2018 in New York City. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein along with his attorney Benjamin Brafman (L) appears at his arraignment in Manhattan Criminal Court on Friday, May 25, 2018. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Steven Hirsch-Pool via Getty Images)
Police officers and members of the media stand in front of the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
Members of the media stand next to the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Mike Segar
NEW YORK, NY - MAY 25: Harvey Weinstein departs New York Police Department's First Precinct in handcuffs on May 25, 2018 in New York City. (Photo by Jackson Lee/GC Images)
Harvey Weinstein leaves the Manhattan Criminal Court on May 25, 2018 in New York. - Weinstein was arrested and charged Friday with rape and other sex crimes involving two separate women, New York police announced shortly after the fallen Hollywood mogul surrendered to authorities. (Photo by KENA BETANCUR / AFP) (Photo credit should read KENA BETANCUR/AFP/Getty Images)
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Weinstein has previously issued press statements with photographs of himself smiling with Rose McGowan and Uma Thurman at gala events, implicitly arguing that they undermine the actresses’ accusations against him.

Weinstein’s attorneys now want to publish some of the emails — they say less than 40 — while redacting information that would identify the accuser. None of the three accusers has been formally identified in court.

The attorneys intend to argue that the D.A.’s office should have shared the substance of the emails with the grand jury. The defense is expected to offer other reasons in support of its dismissal motion as well.

The attorneys have sought permission from the Weinstein Co. estate and from the committee of unsecured creditors, which represents some of Weinstein’s accusers in civil court, to publish the emails in question. The committee has been unwilling to grant permission without a hearing on the matter. The hearing is scheduled for 3 p.m. Eastern.

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Harvey Weinstein and Georgina Chapman together through the years
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89th Academy Awards - Oscars Vanity Fair Party - Beverly Hills, California, U.S. - 26/02/17 ? Producer Harvey Weinstein and fashion designer Georgina Chapman. REUTERS/Danny Moloshok
Producer Harvey Weinstein and fashion designer Georgina Chapman arrive at the 74th Annual Golden Globe Awards in Beverly Hills, California, U.S., January 8, 2017. REUTERS/Mike Blake
Producer Harvey Weinstein and his wife, fashion designer Georgina Chapman, arrive at the 73rd Golden Globe Awards in Beverly Hills, California January 10, 2016. REUTERS/Mario Anzuoni
Producer Harvey Weinstein and his wife, actress Georgina Chapman arrive at the 2014 Vanity Fair Oscars Party in West Hollywood, California March 2, 2014. REUTERS/Danny Moloshok (UNITED STATES - Tags: ENTERTAINMENT)(OSCARS-PARTIES)
Producer Harvey Weinstein and wife, designer Georgina Chapman, arrive at the 2015 Vanity Fair Oscar Party in Beverly Hills, California February 22, 2015. REUTERS/Danny Moloshok (UNITED STATES - Tags:ENTERTAINMENT) (VANITYFAIR-ARRIVALS)
Co-Chairman of the Weinstein Company, Harvey Weinstein, arrives with Georgina Chapman to be honored at the Time 100 Gala in New York, April 24, 2012. The Time 100 is an annual list of the 100 most influential people in the last year complied by Time Magazine. REUTERS/Lucas Jackson (UNITED STATES - Tags: ENTERTAINMENT)
Film producer and Miramax Films co-founder Harvey Weinstein arrives with his with wife, Georgina Chapman, at the 82nd Academy Awards in Hollywood, March 7, 2010. REUTERS/Brian Snyder (UNITED STATES) (OSCARS-ARRIVALS - Tags: ENTERTAINMENT)
Actress Georgina Chapman arrives with producer Harvey Weinstein to attend the premiere of the film "Awake" in New York November 14, 2007. REUTERS/Lucas Jackson (UNITED STATES)
The Weinstein Company Co-Chairman Harvey Weinstein (back L) and wife Georgina Chapman (standing 2nd L) speak to actress Kerry Washington (seated R) at the Governors Ball for the 85th Academy Awards in Hollywood, California February 24, 2013 REUTERS/Lucas Jackson (UNITED STATES - Tags: ENTERTAINMENT) (OSCARS-PARTIES)
Mougins, FRANCE: US producer Harvey Weinstein (L) poses 23 May 2007 upon arriving with girlfriend British actress Georgina Chapman at the amfAR's (American Foundation for AIDS Research) 'Cinema Against AIDS 2007' annual event at Le Moulin de Mougins during the 60th edition of the International Cannes Film Festival in Mougins, southern France. amfAR, The Foundation for AIDS Research, is one of the world's leading nonprofit organizations dedicated to the support of AIDS research, HIV prevention, treatment education, and the advocacy of sound AIDS-related public policy. AFP PHOTO / FRED DUFOUR (Photo credit should read FRED DUFOUR/AFP/Getty Images)
NEW YORK, NY - AUGUST 2: (L-R) Elizabeth Olsen, Harvey Weinstein and Georgina Chapman attend The Weinstein Company with FIJI, Grey Goose, Lexus and NetJets host the after party for 'Wind River' at The Skylark on August 2, 2017 in New York City. (Photo by Paul Bruinooge/Patrick McMullan via Getty Images)
NEW YORK CITY, NY - JUNE 6: Harvey Weinstein and Georgina Chapman attend The 2005 CFDA Fashion Awards at The New York Public Library on June 6, 2005 in New York City. (Photo by Patrick McMullan/Patrick McMullan via Getty Images)
HOLLYWOOD, CA - FEBRUARY 26: (L-R) Designer Georgina Chapman, Producer Harvey Weinstein, COO of The Weinstein Company David Glasser and Michele Glasser attend the 89th Annual Academy Awards at Hollywood & Highland Center on February 26, 2017 in Hollywood, California. (Photo by Todd Williamson/Getty Images)
Producer Harvey Weinstein and wife actress Georgina Chapman arrive at the 82nd Annual Academy Awards held at the Kodak Theatre on March 7, 2010 in Hollywood, California. (Photo by Mark Sullivan/WireImage)
EAST HAMPTON, NY - JULY 29: (L-R) Daniel Battsek, Georgina Chapman and Harvey Weinstein attend THE CINEMA SOCIETY & THE HAMPTONS FILM FESTIVAL & THE WALL STREET JOURNAL host the after party for THE NIGHT LISTENER at Private Home on July 29, 2006 in East Hampton, NY. (Photo by Billy Farrell/Patrick McMullan via Getty Images)
NEW YORK - DECEMBER 06: (HOLLYWOOD REPORTER & U.S. TABS OUT) Actress Ziyi Zhang (C), producer Harvey Weinstein (L), and his girlfriend Georgina Chapman (R) attend the 'Memoirs Of A Geisha' New York premiere after party at the Central Park Boathouse on December 06, 2005 in New York City. (Photo by Evan Agostini/Getty Images)
Harvey Weinstein (right) and Georgina Chapman during 2006 Vanity Fair Oscar Party Hosted by Graydon Carter at Morton's in Beverly Hills, California, United States. (Photo by E. Charbonneau/WireImage for Vanity Fair Magazine )
NEW YORK - MAY 14: (l-R) Harvey Weinstein, Georgina Chapman and Rachel Zoe attend the Dior 2008 Cruise collection fashion show on May 14, 2007 in New York City. (Photo by Mat Szwajkos/Getty Images.)
Producer Harvey Weinstein (L) and designer Georgina Chapman attend the TWC/NETFLIX Golden Globe after party, in Beverly Hills, California, on January 10, 2016. AFP PHOTO /CHRIS FARINA / AFP / CHRIS FARINA (Photo credit should read CHRIS FARINA/AFP/Getty Images)
US producer Harvey Weinstein (C) and his wife US actress Georgina Chapman and US producer Jay Weisleder (R) pose as they arrive on May 16, 2016 for the screening of the film 'Hands of Stone' at the 69th Cannes Film Festival in Cannes, southern France. / AFP / LOIC VENANCE (Photo credit should read LOIC VENANCE/AFP/Getty Images)
LONDON, ENGLAND - DECEMBER 19: Kelsey Grammer, Liam McMahon, Alessandra Mastronardi, Georgina Chapman and Harvey Weinstein attend a VIP screening of 'Lion' hosted by Harvey Weinstein and Georgina Chapman at Soho House on December 19, 2016 in London, England. (Photo by David M. Benett/Dave Benett/Getty Images)
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