The appeals court's ruling to dismiss Hillary Clinton as a defendant is flawed because "my evidence showed that this gala was coordinated between the candidate and Peter Paul," Wilson said. "The whole basis of (Clinton's motion to dismiss) was her right to solicit campaign contributions, so she admitted" she knew about the gala planning.
Wilson said that the appeals court also erred when it cited the lower court's claim that they were on a "fishing expedition" by demanding to depose Clinton about her knowledge of the gala.
"I would attack that by saying that the case is defined as too broad [when it] is asking to take a lot of people's depositions. A fishing expedition means you don't have a clue whether the person has any evidence or not," she said.
But Wilson acknowledged that it's the court's discretion to admit new evidence or not.
"They don't have to allow it in. The cutoff is what was available during the lower court submission," she said.
Wilson contends that several of the videotapes, including the would-be smoking gun, weren't available to Paul because they were confiscated by the FBI when the securities fraud investigation began in 2001 and were withheld from Paul until April of this year, long after the lower court heard the case.
"They still have the originals," she noted, adding that the FBI sent the videos to a vendor to be copied and sent to Paul.
Wilson said she's not certain she wants to appeal for an en banc hearing of the entire appeals court or to ask the California Supreme Court to take the case because it could mean a delay of two years before they can return to the underlying case — the alleged fraud committed by the Clintons in pledging that Bill Clinton would work for Stan Lee Media.
Of that, Wilson and Paul claim to have plenty of evidence and still are able to depose Hillary Clinton as a material witness.
Paul said he also is prepared to keep open the case against the Clintons through other means. He is filing a new complaint with the FEC and is requesting that when Michael Mukasey is confirmed as U.S. attorney general, he investigate how the government could have prosecuted Rosen when authorities knew he did not commit a crime.
Cogan said he hopes the film also shines light on Hillary Clinton's presidential campaign.
"Hillary can no longer feign ignorance in what went on here," he said. "I think she is absolutely an unthinkable commander in chief."
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