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Gennifer Flowers' defamation suit reinstated against Hillary Clinton, former aides
OregonLive.com ^ | 11/12/02 7:10 PM | DAVID KRAVETS

Posted on 11/12/2002 5:45:07 PM PST by Gritty

SAN FRANCISCO (AP) -- A federal appeals panel on Tuesday revived Gennifer Flowers' defamation suit accusing Hillary Rodham Clinton of masterminding a campaign to discredit her claim of an affair with Bill Clinton.

The 9th U.S. Circuit Court of Appeals ruled 3-0 that Flowers could try to prove the former first lady, now a senator from New York, conspired against her with two presidential aides, George Stephanopoulos and James Carville.

Still, the court said Flowers faces an "uphill battle" and must convince a Nevada judge there is evidence of a conspiracy before the case could proceed to a jury.

The controversy dates to 1992, when a supermarket tabloid wrote that Bill Clinton and Flowers had an affair while he was Arkansas governor. Bill Clinton denied the accusations, so Flowers held a news conference to play audio tapes she said were of secretly recorded intimate phone calls between them.

Carville, now on CNN's "Crossfire," and Stephanopoulos, now an anchor on ABC's Sunday morning program "This Week," said on CNN's "Larry King Live" that Flowers had doctored the tapes. Stephanopoulos repeated that allegation in a book.

The two aides maintained they were shielded from defamation claims because they were commenting on news accounts.

Flowers said news accounts that the tapes were doctored were false. Her lawsuit says Stephanopoulos and Carville knew or should have known they were false, and that they and the former first lady conspired to generate the news reports.

"A defamatory statement isn't rendered nondefamatory merely because it relies on another defamatory statement," Judge Alex Kozinski wrote in Tuesday's opinion. "In this case, the truth of the news reports on which defendants claim to have relied is disputed."

The senator's attorney, David Kendall, said "the case is just as frivolous as it always was." Stephanopoulos' publisher, Little, Brown and Co., said it is confident that he "will prevail in this action." Carville's attorney did not return phone messages.

The 1999 case, filed in Nevada, was dismissed two years ago by U.S. District Judge Philip Pro, who said it had been filed too late and did not state any claims that could prompt legal action.

Larry Klayman, Flowers' attorney, said he will seek unspecified damages when the case returns to court.

"We allege Hillary Clinton was the mastermind of them uttering the words that the tapes were doctored," Klayman said. "They destroyed her."

Flowers, a former Nevada lounge singer, now lives in New Orleans and runs a restaurant with her husband, Klayman said.


TOPICS: Crime/Corruption; Extended News
KEYWORDS: clintonhaters; clintonscandals
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1 posted on 11/12/2002 5:45:07 PM PST by Gritty
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To: Gritty
This will be a difficult suit to win. The tape is probably genuine but there is little way of proving it. There will be little sympathy in showing damage to reputation since the content in dispute is a self-declaration that she is basically a slut.
2 posted on 11/12/2002 5:57:09 PM PST by RLK
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To: RLK
Call her a slut if you want, but I'm grateful to her for showing Clinton for the sorry SOB he is. Remember, the media sought her out.
3 posted on 11/12/2002 6:01:10 PM PST by katze
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To: *clintonscandals; *Clinton Haters
http://www.freerepublic.com/perl/bump-list
4 posted on 11/12/2002 6:03:47 PM PST by Free the USA
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To: Gritty
David Kendall would know from frivolous: representing National Enquirer and the Clintons.

He's an alumnus of my alma mater, Wabash College--of which I am not proud.

Gennifer Flowers was frank and forthcoming in Passion & Betrayal, Emery Dalton, 1995.

Page 41:

The time Bill and I had together was too precious to waste talking about his wife, but when I heard some rumors floating around Little Rock, I had to speak up. He was with me at home one evening, and I cautiously told him, "There's something you need to know. I've been hearing tales around town that Hillary is having a thing with another woman." I watched his face to see his reaction, and couldn't believe it when he burst out laughing. I was stunned! I asked him what was so funny. "Honey," he said, "she's probably eaten more [cheese-moose] than I have."

Clinton was stopping off at Gennifer Flowers' Qapaw Towers apartment in Little Rock for a quickie on his morning jog from the governor's mansion for quite some time. Flowers' apartment neighbor Gary Johnson was beaten nearly to death by the Arkansas mafia, the burly beards in flannel shirts. Suffering a ruptured spleen and burgled of nothing but the videotapes from the security camera covering the apartment hall from above his door--a view which included the door to Gennifer Flowers' apartment.

Larry Klayman is an odd duck, but David Kendall is odder--and no one's accused Gennifer of rape, murder or treason.

You go, girl--win against the Butch of Buchenvald.

5 posted on 11/12/2002 6:03:58 PM PST by PhilDragoo
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To: RLK
This will be a difficult suit to win.

Specially with Larry Klayman as her attorney. Has he ever won a case?

6 posted on 11/12/2002 6:06:40 PM PST by PeoplesRepublicOfWashington
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To: Gritty
Why did she file this suit in the 9th Circuit?
7 posted on 11/12/2002 6:07:53 PM PST by Tribune7
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To: Gritty
Re: Larry Klayman, Flowers' attorney

. . ehhh sheees . did she have to pick this dweeb ?

Her case should go forward to send a message to those who would seek to hide the truth so that they know the truth will ultimatly prevail.

8 posted on 11/12/2002 6:08:52 PM PST by ChadGore
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To: katze
Funny isn't it, that all Klinton's ex-squeezes inevitably get labeled either "nuts" or "sluts"?
Good ol' Bubba -- the pride of the gals over at the N.O.W. - always doing his part for the feminists.

Of course, if they find their dignity bruised, they can just "put some ice on that".

9 posted on 11/12/2002 6:14:23 PM PST by TheGrimReaper
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To: Tribune7
The 9th Circuit has jurisdiction over appeals from the lower court in Nevada. She didn't get to "choose".
10 posted on 11/12/2002 6:15:40 PM PST by TheGrimReaper
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To: Tribune7
She used to live in Nevada. The case is on appeal from the Nevada U.S. District Court, which is in the 9th Circuit.
11 posted on 11/12/2002 6:17:48 PM PST by Sandy
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To: RLK
It takes two... if she was a slut what was Clinton?
12 posted on 11/12/2002 6:20:27 PM PST by cubreporter
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To: RLK
The tape is probably genuine but there is little way of proving it.

Clinton, et al, would have to demonstrate the tape is false since they are claiming it's false.
13 posted on 11/12/2002 6:23:30 PM PST by aruanan
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To: Gritty
Flowers runs a restaurant with her husband, Klayman Said"
---what? Gennifer married an ARAB?????
14 posted on 11/12/2002 6:23:42 PM PST by willyboyishere
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To: Gritty
Here's a link to the decision.

Kozinski cracks me up sometimes. I love the opening line:

Long after the public spotlight has moved on in search of fresh intrigue, the lawyers remain. And so we find ourselves adjudicating a decade-old dispute between Gennifer Flowers and what she affectionately refers to as the “Clinton smear machine”...

15 posted on 11/12/2002 6:24:06 PM PST by Sandy
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To: TheGrimReaper
Agree. I hope Gennifer gets a bundle, maybe some of the illegal millions given by the Chinese. Maybe even haul Hillary's fat a$$ before a ??? committee to throw her out of the Senate. The Repubs are in charge now; time to do something.
16 posted on 11/12/2002 6:41:03 PM PST by katze
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To: cubreporter
It takes two... if she was a slut what was Clinton?

Would you believe ....

Skank?

17 posted on 11/12/2002 6:45:21 PM PST by woofer
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To: cubreporter
It takes two... if she was a slut what was Clinton?

A lying slut.

18 posted on 11/12/2002 6:52:08 PM PST by Jorge
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To: Jorge
LOL!!!LOL!!!
19 posted on 11/12/2002 6:53:24 PM PST by willyboyishere
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To: katze
I'm actually surprised Gennifer or any of the other women haven't shown up like Vince Foster.
20 posted on 11/12/2002 6:54:30 PM PST by MotleyGirl70
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