Difference between pledge and donation explained as Johnny Depp's lawyer Camille Vasquez grills Amber Heard during cross-examination

Amber Heard was questioned in court about her donation from the $7 million divorce settlement (Image via Jim Lo Scalzo)
Amber Heard was questioned in court about her donation from the $7 million divorce settlement (Image via Jim Lo Scalzo)

Amber Heard returned to the stand at the Fairfax County Court on Monday, May 16, to continue her testimony in the ongoing defamation trial involving her ex-husband Johnny Depp and her. As the trial resumed after a week-long hiatus, the actress also faced cross-examination from Depp’s team.

Depp’s lawyer Camille Vasquez questioned Heard about the settlement money the latter received during her divorce from the Pirates of the Caribbean actor in 2016. The attorney further grilled Heard, mentioning that the actress failed to donate the money to charity as she pledged in the past.

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Following the cross-examination, Vasquez was praised on social media for her questions to Amber Heard. A viral TikTok clip also showed the lawyer mocking the actress for answering a question without being asked.


A look into Amber Heard’s cross-examination by Camille Vasquez

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During Johnny Depp and Amber Heard’s 2016 divorce hearing, the latter pledged that she would donate her $7 million settlement money in entirety. The actress said that she would donate $3.5 million to the ACLU (American Civil Liberties Union) and another $3.5 million to the Children’s Hospital of Los Angeles.

Reports suggest that Heard received the full settlement amount in 2018. However, during the ongoing defamation trial, ACLU Chief Operating Officer and General Counsel Terence Dougherty testified that Heard never donated the full $3.5 million that she initially promised. He also claimed that about half the donations in Heard's name came from Tesla CEO Elon Musk.

As part of the cross-examination, Johnny Depp’s lawyer Camille Vasquez questioned Amber Heard about her failure in fulfilling the promise. She asked:

“Sitting here today, Ms. Heard, you still haven't donated the $7 million divorce settlement to charity, isn't that right?”

In response, the Aquaman star said:

“Incorrect. I pledged the entirety, $7 million to charity and I intend to fulfill....”

As Heard attempted to answer, Vasquez cut off her response and argued:

“Ms. Heard that wasn't my question. Please try to answer my question.”

She then repeated:

“As of today, you have not paid $3.5 million dollars of your own money to the ACLU?”

The actress responded:

“I have not.”

Vasquez further questioned:

“And as of today you have not paid $3.5 million dollars of your own money to the Children's Hospital of Los Angeles?”

Amber Heard repeated her previous answer and said:

“I have not yet.”

During the cross-examination, Amber Heard claimed that pledges and donations were similar to each other:

"I use pledge and donation synonymous with one another. They mean the same thing... That's how donations are paid."

The actress then said that she had intended to fulfill her pledged donation but failed because of Depp's $50 million lawsuit against her after she wrote a Washington Post op-ed in 2018 asserting herself as a domestic abuse survivor.

“I still fully intend on honoring all of my pledges. I would love him to stop suing me so I can.”
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Amber Heard’s latest admission comes after she repeatedly claimed to have completed her donation in the past. She first made the claim during an appearance on RTL Late Night in 2018:

“Seven million in total was donated. I split it between the ACLU and the Children's Hospital of Los Angeles. I wanted nothing.”

The actress made a similar claim under oath during Johnny Depp’s 2018 libel trial against The Sun in the UK.


Exploring the difference between pledge and donation

A donation and a pledge have major differences despite being closely related (Image via Douglas Socha/Getty Images)
A donation and a pledge have major differences despite being closely related (Image via Douglas Socha/Getty Images)

The promise of a donor to provide a particular amount of money to an organization within a specific time period can be defined as a donation pledge. Donors can choose to make conditional or unconditional pledges, depending on the situation.

According to Kindful, nonprofit organizations often use donation pledges for campaigns tailored for specific and often urgent projects related to social or political issues. This can include disaster relief, advocacy work, major programs, community projects, and more.

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While donations and pledges are closely related as both of them involve donors contributing to a nonprofit in cash or kind, there are some major differences between the two forms of contribution.

A donation deals with the immediate transfer of money or goods from a donor, while a pledge is about providing money or goods over a specific amount of time as promised by the donor.

Donations are considered to be flexible in nature. They aim to fulfill a particular target but all contributions are given to the beneficiary irrespective of the target being reached or otherwise. All funds raised in a donation are provided to the beneficiary even if the target is exceeded.

On the other hand, a pledge is expected to be fixed in nature as donors promise to pay a particular amount at a specific time. In the case of a pledge crowdfunding, a donor is charged only after the target or goal is reached. Therefore, the beneficiary only receives funds if the target is reached. However, similar to donations, all funds raised are sent to the beneficiary even after the target is fulfilled.

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