Rolling Stone is accusing a University of Virginia dean of leaking a confidential deposition video relating to a lawsuit against the magazine over a now-retracted article involving a gang-rape hoax at the school.

Lawyers for Rolling Stone, its publisher and the author of the article claim that dean Nicole Eramo, who is suing the magazine for defamation, leaked video of a deposition to ABC News to use in an upcoming “20/20” documentary of the case. The feature is supposed to air three days before the trial.

The magazine requested an emergency motion to disallow the video from the trial, fearing the ABC feature could hurt the defense’s case. The magazine also wants Eramo to be held in contempt. On Tuesday, a federal judge granted the magazine’s motion to bar the video depositions from being used at trial.

“[U]ndoubtedly, many citizens in the Charlottesville Division will watch this sensationalized television broadcast about the University located in their backyard, or will access the program online,” wrote Rolling Stone attorney W. David Paxton in court documents. “In the aftermath, seating an impartial jury in Charlottesville will be difficult, if not impossible.”

Rolling Stone has also requested ABC not use the video in its upcoming feature. Should ABC refuse and the show goes ahead as scheduled, then the magazine wants the case transferred to another district and the trial postponed.

One of the videos in question shows Rolling Stone author Sabrina Rubin Erdely crying during her testimony, which ABC used in its trailer for the show.

Eramo’s attorney has responded by saying the depositions were in the public domain.

“It is highly ironic that Rolling Stone, a media company, is complaining about the media having access to testimony that is already in the public domain,” Eramo’s attorney said. “These depositions were filed publicly with the court for anyone to see. This is little more than a tactic by Rolling Stone to delay the trial.”

Eramo’s attorney argued that the videos only show what is already available as transcripts, which are part of the public record. Rolling Stone, however, told the judge in the case that videos and transcripts are different.

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“There is a vast difference between the public release of deposition transcripts and video testimony,” the magazine said in court documents. “The latter — due to the nature of the video medium — engenders a much greater risk of abuse, harm, and embarrassment. This is already evident here, as ABC chose for its promotional trailer a public display of Erdely at her most vulnerable moment.”

The lawsuit comes from Eramo, who was portrayed in the now-retracted article as being dismissive of sexual assault accusations at U.Va. One accuser, Jackie, told her story to Rolling Stone, claiming she had been gang raped as part of a fraternity initiation. The author of the article, Erdely, and her editors made only half-hearted attempts to verify Jackie’s story, which was ultimately proven to be a hoax.

Rolling Stone plans to claim at trial that statements made in the article that accused Eramo of having “silenced” or “discouraged” Jackie from reporting the alleged gang rape to police be viewed as opinion, according to the Hollywood Reporter.

Ashe Schow is a commentary writer for the Washington Examiner.

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