Friday, August 25, 2000

Copyright � Las Vegas Review-Journal



Flowers' lawsuit dismissed

A judge rules that the statute of limitations has run out and
there are other legal problems.

By J.M. Kalil
Review-Journal

     A federal judge on Thursday dismissed a defamation lawsuit
brought by President Clinton's former paramour Gennifer Flowers
against first lady Hillary Rodham Clinton, and former
presidential aides George Stephanopoulos and James Carville.

      U.S. District Judge Philip Pro ruled that the claims in
Flowers' lawsuit -- filed on her behalf in November by the
conservative legal group Judicial Watch -- had passed their
statutes of limitations or were not legally actionable at all.

      Hillary Clinton was added in January to the lawsuit that
originally named as defendants Stephanopoulos and Carville,
alleging they libeled and slandered her in statements made on the
CNN television program "Larry King Live" and in Stephanopoulos'
1999 book "All Too Human: A Political Education."

      Little, Brown & Co., the publisher of Stephanopoulos'
memoir, also was included as a defendant in the original lawsuit
and also was granted a dismissal Thursday.

      Flowers' attorney, Judicial Watch chairman and general
counsel Larry Klayman, argued before Pro July 18 that Nevada's
two-year statute of limitations should be used in considering
Flowers' allegations because she moved to Las Vegas in mid-1998.

      But Pro disagreed in his decision, writing that
Stephanopoulos' Feb. 2, 1998, statements about Flowers on King's
program were made while he was a resident of New York and should
be subject to that state's one-year statute of limitations.

      Pro also wrote that Carville's Jan. 21, 1998, statement on
King's program about the authenticity of taped conversations
between Bill Clinton and Flowers was not defamatory and, "is
clearly an expression of opinion, not a factual assertion."

      On the program, Carville referred to news reports that an
audio tape Flowers played for reporters during Clinton's campaign
for president had been edited or electronically altered.

      In his political memoir, Stephanopoulos referred to news
reports about Flowers' relationship with the then-governor of
Arkansas as "trash," "crap" and "garbage." Pro wrote that these
comments were not defamatory because they were "rhetorical
hyperbole" made in the midst of a political campaign and thus,
protected under First Amendment guarantees of free speech.

      The January addition of Hillary Clinton to the lawsuit
claimed she organized and directed a "War Room" during the 1992
campaign to "smear, defame and harm perceived adversaries" such
as Flowers. The complaint describes Carville and Stephanopoulos
as "the other two principals of the War Room" conspiracy and
claims they carried out Hillary Clinton's "orders and desires."

      The judge dismissed the conspiracy claim also because of an
expired statute of limitations and ruled allegations that her
privacy had been invaded by Hillary Clinton, Stephanopoulos and
Carville were vague and lacked evidence.

      Pro also ruled against Klayman's assertion that Flowers is
not a public figure and should not have to prove Clinton,
Stephanopoulos and Carville acted with actual malice in their
alleged actions against her.

      "It is clear that Flowers is at least a limited purpose
public figure," Pro wrote.

      Flowers first garnered national attention when she claimed
during the 1992 presidential campaign that she had a 12-year
affair with Bill Clinton when he was governor of Arkansas.

      He initially denied the tryst with Flowers, but
acknowledged the affair later during his deposition in the Paula
Jones sexual harassment case.

      Flowers moved to Las Vegas about two years ago to pursue a
career in show business.

      Klayman told Pro in a court hearing last month that
negative publicity created by Hillary Clinton has prevented
Flowers from getting a job as entertainer in Las Vegas because
casinos fear they will be audited by the Internal Revenue Service
for employing her.

      Klayman, a colorful conservative activist, has been an
outspoken critic of President Clinton and has proved to be a
constant pain to the White House over the last five years.

      Since founding Judicial Watch in 1994, Klayman has sued the
Clinton administration in more than 30 matters and is currently
involved in about 50 lawsuits against the government, according
to Judicial Watch's Web site.


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