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Saying. why doesn t bill cosby do the same? i want to bring mark in now and get your reaction to this. both men clearly on the offensive about those allegations and what their actions will be. so what do you make of it mark? well interestingly, when gloria talks about bill cosby, they re both there s kind of a symbiotic relationship between what s happening here. on one hand alan i think, and i agree with gloria it was a wonderful defense and a opening statement combined with a closing argument all in one. and he s clearly frustrated by this. the problem is that he has an enormous hurdle in order to try to get anything done to the lawyers, number one, because of what s called the litigation privilege. and number two, doing anything in terms of suing for defamation. so what he s doing is he s trying to draw them out to say something so that they ll step outside of the litigation ....
Mark. good to see you. what do you think of the unconventional route of going after bill cosby for defamation. it s an end-run around the statute of limitations, you have a very short period of time for statute of limitations in sexual assault cases. some states allow to you go for a longer period of time. this may not, notwithstanding that little speech by the lawyer, this may not ever get in front of a jury. there are why? there are all kinds of problems with this case, first of all, freedom of speech. second of all, litigation privilege. so something that s in contemplation of litigation. can you respond to that. when she starts giving, if you read the complaint, she s giving interviews and then they re responding. there s going to be a lot of litigation before you ever see a jury in this case and it may not get there. she is saying that because he s called her a wrecking ball and because he called her a liar, that he has defamed her. does she have to prove that her li ....
Victim, tamara green says about how she believes her lawsuit will open pandora s box. she said my attorney has also not just provided a forum for me and a day in court for me, but the equal opportunity for other women who have similarly situated, who have been raped or sexually assaulted by bill cosby and thereafter have been resavaged as a defamer and a liar. do you think that other women will follow this route? i think you ve seen already some gloria yale rallred did ths conference, i m sure gloria has considered that. i think it s a creative device, there s no getting around it. the problem is that you run smack-dab into the first amendment in these cases and this idea of litigation privilege. here s what bill cosby s publicist has said about this. this is a 10-year-old discredited accusation. that proved to be nothing at the time. and still is nothing. would you, if you were bill ....
well, they could sue their daughter but the lawsuit would be dismissed almost as soon as it was filed. and here s the reason. in this country and in great britain as well, we have what s called the litigation privilege. a fancy phrase meaning whatever you say in a courtroom or whatever you say in furtherance of what goes on in the courtroom, could be in a judge s chambers. could be in a conference room is absolutely privileged meaning it cannot form the basis for litigation. if that were not so, then these trials would never end and people would always sue others for what they said during the course of the trial. also if that were not so, it might inhibit people from answering truthfully a question put to them in the courtroom. now, this is a little bit unusual because it came from the mouth of the lawyer. whatever lawyers say in the courtroom cannot form the basis of a lawsuit. where did he get this from? did he make this up or did she tell him to say this? if he made it up, he comm ....