https://www.usjf.net/paul-v-clinton-motion-to-admit-documentary-evidence-in-paul-v-clinton-case-2
Appellant, Peter F. Paul (Paul), through his attorneys of record, requests that this Court admit new documentary evidence pursuant to Code of Civil Procedure section 909 and California Rules of Court, Rule 8.252, subdivision (c). The evidence sought to be admitted consists of a five-minute, videotaped recording of a July 17, 2000, telephone call between Hillary Rodham Clinton (HRC), on the one hand, and Paul, Stan Lee and Aaron Tonken (Tonken) on the other, jointly chatting with her by speakerphone (the July 17 DVD). The July 17 DVD is labeled “July 2000 Conference Call – Hillary Clinton & Peter Paul, Stan Lee & Aaron Tonken� and is being submitted with this motion.
GROUNDS FOR THE MOTION
The grounds for this motion are as follows: (1) Paul has exercised due diligence and could not have presented this evidence in the trial court or at any time earlier in these appellate proceedings, (2) the evidence contained on the July 17 DVD is extraordinary, (3) the July 17 DVD is conclusive evidence of the issues to be considered, and (4) admission of this evidence would serve the ends of justice.
ISSUES TO BE CONSIDERED
Paul requests that this Court admit the July 17 DVD into the record on appeal for consideration as to two issues: First, the issue of whether HRC personally solicited, coordinated and accepted Paul’s expenditures for the Hollywood Gala Salute to President William Jefferson Clinton (Tribute), and second, the issue of whether HRC had sufficient knowledge of Paul’s business enterprise and the President’s involvement with Paul that it would not have been a “fishing expedition� to depose her to obtain the evidence necessary for a prima facie case.