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http://www.newsmax.com/insidecover/hillary_fundraising/2007/09/07/30667.html
Court to Hear Other Hillary Fundraising Case
Friday, September 7, 2007
Barely a week after questions emerged about suspicious donations to Sen.
Hillary Clinton's presidential campaign, a three-judge panel in California
will hear arguments Friday regarding an illegal fundraising event from her
2000 Senate campaign.
The California Court of Appeals, Second Appellate District, will hear
arguments about whether Clinton, a New York senator and leading Democratic
presidential candidate, should be a defendant in a lawsuit brought by
Hollywood mogul Peter Paul.
Attorneys for each side will also debate the inclusion of a videotape as
evidence -- a video in which Clinton can be heard apparently agreeing to
plan a fundraiser, which was later determined to be illegal by the Federal
Elections Commission (FEC).
The appeals court, made of two Democratic appointees and one Republican
appointee, will issue a ruling within 90 days.
Paul's legal counsel, the United States Justice Foundation (USJF), filed a
brief in July. It said the videotape "captures the very commission of a
crime, namely, that of knowingly soliciting, coordinating and accepting
federal campaign contributions far in excess of the legal limit of $2,000."
Clinton's attorney filed a brief in response that claimed the tape is "pure
fantasy" and "much ado about nothing."
Paul is appealing a California Superior Court ruling that dismissed Hillary
Clinton from an earlier lawsuit under a statute that protects politicians
from harassing or frivolous lawsuits. Paul's legal team argues the statute
does not apply to a political figure who violates the law.
"We will accomplish what Ken Starr wasn't able to achieve," Paul told
Cybercast News Service, referring to the independent counsel who
investigated several Clinton scandals in the 1990s. "We have three judges
reviewing Hillary Clinton's illegal conduct. Presidential candidates have
never been forced to defend themselves in court from being a felon."
Paul is suing Sen. Clinton, former President Bill Clinton, and others. Paul
claims that their actions cost him his multi-million dollar Internet
venture, of which he was a majority owner, along with comic book icon Stan
Lee.
Paul contends that in exchange for producing the fundraising event,
President Clinton agreed to work as a rainmaker for the company after
leaving the White House. Paul said the former president reneged on the
agreement, causing investors to pull their money out of the company.
Clinton attorney David Kendall could not be reached for comment.
Paul wants to force the New York senator to testify in the case. Paul spent
about $2 million to produce a star-studded August 2000 fundraiser that
included Cher, Diana Ross, Brad Pitt, Sugar Ray and other Hollywood
celebrities.
After failing to properly report the money raised, the Clinton Senate
campaign had to pay a $35,000 fine to the FEC. Clinton's campaign finance
director, David Rosen, was accused of lying to the FEC. He was indicted but
eventually acquitted.
"Everything I complained about in 2001, and she denied, was supported in the
Rosen trial and the FEC," Paul said. "Only her direct knowledge continues to
be denied, and the tape contradicts that. Hillary's obstruction is worse
than Nixon's obstruction in Watergate."
Over the last six years Clinton's staff said she played no role in planning
the fundraiser. Yet the videotape shows Paul, Lee, and movie director Aaron
Tonkin speaking with Hillary Clinton on speakerphone as she expresses
enthusiasm about the event and telling Paul to contact her aide any time to
further plan details.
If Clinton helped to plan the event, it could legally constitute a direct
hard money donation to her Senate campaign, rather than to her joint
fundraising committee, "New York Senate 2000."
If that is the case, the donation from Paul would be more than a thousand
times the legal limit for an individual donation. Knowingly soliciting an
individual contribution of $25,000 or more is a felony punishable by up to
five years in prison.
At one point on the tape Tonkin said the celebrities are "coming out in full
force knowing this is for your Senate race, it's unbelievable." Clinton
replied, "I'm just thrilled. I'll check in with you from time to time
because I know that putting something like this together is challenging even
when people are enthusiastic and looking forward to doing it."
Clinton also says on the tape that Paul and her campaign aide Kelly
Craighead "talk all the time, so she'll be the person to convey whatever I
need."
Clinton's attorneys, in a brief, said, "The videotape shows that Senator
Clinton is gracious to her supporters, that she has a sense of humor, and
nothing more."
That fails to explain why Clinton instructed Paul to talk to one of her top
aides, and why Clinton said on the tape that she contacted Cher about
performing at the fundraiser, Paul's attorney D. Colette Wilson of the USJF
said in an interview.
Cybercast News Service first reported the existence of the tape in April.
In a written declaration for the California court filed on April 7, 2006,
Clinton said that she did not remember discussions with Paul about the
fundraiser.
"I have no recollection whatsoever of discussing any arrangement with him
whereby he would support my campaign for the United States Senate in
exchange for anything from me or then-President Clinton," Clinton wrote. "I
do not believe I would make such a statement because I believe I would
remember such a discussion if it had occurred."
Even if the appeals court excuses Sen. Clinton, the lawsuit will still
continue.
The lower court that excused the former first lady allowed the case to move
forward against Bill Clinton and Clinton associate Jim Levin and producer
Gary Smith, both involved in the planning of the fundraiser. That means,
Paul said, Hillary Clinton will likely be called as a material witness.
Last week, after reports that one of Clinton's largest contributors, Norman
Hsu, was a fugitive convicted of grand theft in 1991 in California, she gave
$23,000 that Hsu directly donated to her present and past campaigns to
charity.
However, she did not discard the more that $1 million that Hsu raised under
questionable circumstances. (As this story went to press, Hsu reportedly had
failed to turn over his passport to his lawyers and his whereabouts were
unknown.)
"It's ironic and cosmic that this is happening the same time as the Hsu
scandal," Paul's attorney Wilson said. "At least in that case, she has more
plausible deniability, though I can't believe she didn't know. In this case,
the charge is that she knowingly solicited Peter Paul to pay for her
campaign fundraiser."
Court to Hear Other Hillary Fundraising Case
Friday, September 7, 2007
Barely a week after questions emerged about suspicious donations to Sen.
Hillary Clinton's presidential campaign, a three-judge panel in California
will hear arguments Friday regarding an illegal fundraising event from her
2000 Senate campaign.
The California Court of Appeals, Second Appellate District, will hear
arguments about whether Clinton, a New York senator and leading Democratic
presidential candidate, should be a defendant in a lawsuit brought by
Hollywood mogul Peter Paul.
Attorneys for each side will also debate the inclusion of a videotape as
evidence -- a video in which Clinton can be heard apparently agreeing to
plan a fundraiser, which was later determined to be illegal by the Federal
Elections Commission (FEC).
The appeals court, made of two Democratic appointees and one Republican
appointee, will issue a ruling within 90 days.
Paul's legal counsel, the United States Justice Foundation (USJF), filed a
brief in July. It said the videotape "captures the very commission of a
crime, namely, that of knowingly soliciting, coordinating and accepting
federal campaign contributions far in excess of the legal limit of $2,000."
Clinton's attorney filed a brief in response that claimed the tape is "pure
fantasy" and "much ado about nothing."
Paul is appealing a California Superior Court ruling that dismissed Hillary
Clinton from an earlier lawsuit under a statute that protects politicians
from harassing or frivolous lawsuits. Paul's legal team argues the statute
does not apply to a political figure who violates the law.
"We will accomplish what Ken Starr wasn't able to achieve," Paul told
Cybercast News Service, referring to the independent counsel who
investigated several Clinton scandals in the 1990s. "We have three judges
reviewing Hillary Clinton's illegal conduct. Presidential candidates have
never been forced to defend themselves in court from being a felon."
Paul is suing Sen. Clinton, former President Bill Clinton, and others. Paul
claims that their actions cost him his multi-million dollar Internet
venture, of which he was a majority owner, along with comic book icon Stan
Lee.
Paul contends that in exchange for producing the fundraising event,
President Clinton agreed to work as a rainmaker for the company after
leaving the White House. Paul said the former president reneged on the
agreement, causing investors to pull their money out of the company.
Clinton attorney David Kendall could not be reached for comment.
Paul wants to force the New York senator to testify in the case. Paul spent
about $2 million to produce a star-studded August 2000 fundraiser that
included Cher, Diana Ross, Brad Pitt, Sugar Ray and other Hollywood
celebrities.
After failing to properly report the money raised, the Clinton Senate
campaign had to pay a $35,000 fine to the FEC. Clinton's campaign finance
director, David Rosen, was accused of lying to the FEC. He was indicted but
eventually acquitted.
"Everything I complained about in 2001, and she denied, was supported in the
Rosen trial and the FEC," Paul said. "Only her direct knowledge continues to
be denied, and the tape contradicts that. Hillary's obstruction is worse
than Nixon's obstruction in Watergate."
Over the last six years Clinton's staff said she played no role in planning
the fundraiser. Yet the videotape shows Paul, Lee, and movie director Aaron
Tonkin speaking with Hillary Clinton on speakerphone as she expresses
enthusiasm about the event and telling Paul to contact her aide any time to
further plan details.
If Clinton helped to plan the event, it could legally constitute a direct
hard money donation to her Senate campaign, rather than to her joint
fundraising committee, "New York Senate 2000."
If that is the case, the donation from Paul would be more than a thousand
times the legal limit for an individual donation. Knowingly soliciting an
individual contribution of $25,000 or more is a felony punishable by up to
five years in prison.
At one point on the tape Tonkin said the celebrities are "coming out in full
force knowing this is for your Senate race, it's unbelievable." Clinton
replied, "I'm just thrilled. I'll check in with you from time to time
because I know that putting something like this together is challenging even
when people are enthusiastic and looking forward to doing it."
Clinton also says on the tape that Paul and her campaign aide Kelly
Craighead "talk all the time, so she'll be the person to convey whatever I
need."
Clinton's attorneys, in a brief, said, "The videotape shows that Senator
Clinton is gracious to her supporters, that she has a sense of humor, and
nothing more."
That fails to explain why Clinton instructed Paul to talk to one of her top
aides, and why Clinton said on the tape that she contacted Cher about
performing at the fundraiser, Paul's attorney D. Colette Wilson of the USJF
said in an interview.
Cybercast News Service first reported the existence of the tape in April.
In a written declaration for the California court filed on April 7, 2006,
Clinton said that she did not remember discussions with Paul about the
fundraiser.
"I have no recollection whatsoever of discussing any arrangement with him
whereby he would support my campaign for the United States Senate in
exchange for anything from me or then-President Clinton," Clinton wrote. "I
do not believe I would make such a statement because I believe I would
remember such a discussion if it had occurred."
Even if the appeals court excuses Sen. Clinton, the lawsuit will still
continue.
The lower court that excused the former first lady allowed the case to move
forward against Bill Clinton and Clinton associate Jim Levin and producer
Gary Smith, both involved in the planning of the fundraiser. That means,
Paul said, Hillary Clinton will likely be called as a material witness.
Last week, after reports that one of Clinton's largest contributors, Norman
Hsu, was a fugitive convicted of grand theft in 1991 in California, she gave
$23,000 that Hsu directly donated to her present and past campaigns to
charity.
However, she did not discard the more that $1 million that Hsu raised under
questionable circumstances. (As this story went to press, Hsu reportedly had
failed to turn over his passport to his lawyers and his whereabouts were
unknown.)
"It's ironic and cosmic that this is happening the same time as the Hsu
scandal," Paul's attorney Wilson said. "At least in that case, she has more
plausible deniability, though I can't believe she didn't know. In this case,
the charge is that she knowingly solicited Peter Paul to pay for her
campaign fundraiser."
