Earlier this year, WikiLeaks exposed that the Democrat primary was rigged in favor of Hillary Clinton. Leaked DNC emails revealed top DNC officials were supportive of Mrs. Clinton and made sure it was difficult, if not impossible for Senator Bernie Sanders to ever win his party’s nomination.
Earlier today, the Democratic National Committee filed a massive lawsuit against almost everyone arguably associated with the hack on the DNC’s servers, including the Russian Federation, Russia’s foreign military intelligence agency (GRU), the hacker known as “Guccifer 2.0,” Wikileaks, Donald J. Trump for President, Inc., Donald Trump, Jr., Jared Kushner, Roger Stone, and others who have been, in press reports or in filings from the Special Counsel, alleged to have served as conduits between Russia and the Trump campaign. (Notably, Donald Trump was not himself named.) The complaint raises a host of claims ranging from the Computer Fraud & Abuse Act, the Stored Communications Act, the Racketeer Influenced and Corrupt Organizations Act, to the Digital Millennium Copyright Act, and a couple of state law tort claims too.
The DNC’s Complaint looks like a smorgasbord of federal statutes and unusually-named common law claims, such as “conspiracy to commit trespass to chattels,” that give the impression of someone sneaking onto a farm and stealing a cow (which, truth be told, is indeed part of the historical origin of “trespass to chattels,” and of the phrase “caught red handed”). But the claims make sense in the context of the facts alleged.
The DNC complaint identifies, in the most general form, the two exceptions they intend to rely upon: 28 U.S.C. § 1605 (a) (5), which removes immunity for tortious acts committed in the United States, and 28 U.S.C. § 1605 (a) (2), which removes immunity for commercial activities.
You may have noticed the DNC’s complaint references a lot of documents, with 107 endnotes. It is not typical to have “endnotes” in a Complaint. But a couple of those endnotes deserve special mention:
315-324 (1991). One relatively recent, and deeply frustrating, example involved the U.S. Army Corps of Engineers’ shocking failure to maintain Mississippi River Gulf Outlet Reach 2 Levee, resulting in the cataclysmic flooding of St. Bernard Parish and the Lower Ninth Ward during Hurricane Katrina. Judge Duval of the Eastern District of Louisiana presided over the ensuing litigation, finding the United States liable, just to see his decision metaphorically washed away by the Fifth Circuit. He wrote a law review article about it with a rather revealing title: “The Discretionary Function: License To Kill?” As he wrote, “If that analysis [by the Fifth Circuit] is correct, then the FTCA is practically meaningless for anything other than quotidian postal-car accidents or medical malpractice at a Veterans Administration Hospital.”
Wayne Enterprises also files a RICO claim for a rather simple reason: because at the moment they don’t even know who actually hacked their servers — the ones the other claims are really aimed at — they just know the people that they believe were in on the conspiracy. One of the people they think is in on the conspiracy is Lex Luther’s son.
116 (1812), the federal courts have recognized “sovereign immunity” for foreign governments, which prohibits them from being sued. Since 1976, however, the United States has had a codified, consistent method for determining when foreign governments may be sued under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1332, 1391, 1441, and 1602–1611 (not to be confused with the “Foreign Intelligence Surveillance Act,” which relates mostly to warrants for eavesdropping on matters of national security). A foreign state, as well as its “agents” and “instrumentalities,” are “presumptively immune from the jurisdiction of United States courts” unless one of the Act’s express exceptions to sovereign immunity applies. Saudi Arabia v. Nelson, 507 U.S. 349, 355 (1993).
The class-action suit filed on behalf of DNC donors, Sanders donors, and registered Democrats across the board who wanted back the money they gave to the DNC against both the DNC and its former chairwoman, Rep. Debbie Wasserman Schultz (D-Fla.). It purported that Wasserman Schultz had “rigged” the primaries and exhibited “intentional, willful, wanton, and malicious” conduct.
Part of the lawsuit claimed that the DNC illegally favored Democratic presidential nominee Hillary Clinton over Sanders and were in violation of the DNC charter as a result. The judge assumed that the allegations were true but dismissed the case on the grounds that the supporters who felt defrauded should redress their grievances ...
She was accused of not scheduling many debates between the candidates because of the damage that the debates did to Clinton in her campaign against Barack Obama; much like in 2016, she began as the party favourite and slowly lost ground to an insurgent candidate. During the 2008 nomination process, there were 26 debates, compared to only six debates in the 2016 nomination campaign. Schultz also enacted a rule that said candidates could not participate in unsanctioned debates and lifted a ban on donations from corporate lobbyists and PACs that allowed the DNC to run the Hillary Victory Fund, a fundraising committee organised in collaboration with the Clinton campaign, which Politico reported to be laundering money into the Clinton campaign.
The WikiLeaks emails also contained an email thread from December 2014 between Clinton Campaign Manager Robby Mook and Cheryl Mills entitled “DNC Update”, that discussed how Wasserman Schultz and DNC CEO, Amy Dacey, could be involved in the Clinton campaign. Dacey, along with Chief Financial Officer Brad Marshall, was forced to resign in August 2016, after another email thread from the WikiLeaks email dump contained Marshall speculating that Sander’s Jewish heritage could be used against him. He suggested that Sanders was an atheist and that it could be the difference in the Kentucky and West Virginia primaries. In one email he wrote, “My Southern Baptist peeps would draw a big difference between a Jew and an atheist,” to which Dacey responded: “AMEN”.
As Glen Beck explains in the video above, the case was dismissed for “lack of subject matter jurisdiction” — the ability of the court to hear a case based on their jurisdiction. The judge found the allegations to be well plead — in other words, they weren’t dismissing the grounds of the case. However, Glen and Jared Beck are confident that they can immediately go to a higher court for appeal, so there could be more developments to come.
Aside from just Wasserman Schultz, the WikiLeaks emails revealed collaboration between Donna Brazile , former CNN contributor and temporary DNC chairperson following Wasserman Schultz’s resignation, and the Clinton campaign. On several occasions, she was found to have passed questions to the Clinton campaign in advance of scheduled debates and resigned after the first wave of the DNC leaks uncovered this evidence of collusion. Then in January 2016, whilst serving as DNC vice-chair, she forwarded an email to Clinton’s campaign spokesperson Adrienne Elrod discussing Sanders plan to win over African American voters.
The DNC representatives argued that there was no right to have a fair and open primary and that they could simply have chosen the candidates as a committee and given that candidate to the people,
Jill Stein pointed out in her March 12 interview (youtube – AcTVism ) that when Wallace’s introduction at the Convention was underway before the speaker could get to the podium a FIRE ALARM went off and when they all returned Truman had replaced progressive Wallace…
The suit was launched on June 28, 2016 in the wake of Guccifer 2.0 revelations of the DNC’s bias in favor of former Secretary of State Hillary Clinton against Senator Bernie Sanders, and was initially dismissed in August 2017 on jurisdictional grounds with a subsequent appeal to the 11th Circuit, dismissed in October last year. The Guccifer 2.0 revelation, which came before WikiLeaks‘ July 22, 2016 exposure of the DNC’s treatment of Sanders, reads:
Addressing election interference, the petition filed by the Becks cites the 2-year investigation led by Special Counsel Robert Mueller investigation into alleged Russian interference, which became the singular focus of Establishment media from November 2016 onwards . In contrast, as the Becks note, the documented election interference forming the basis of the DNC Fraud Lawsuit has seen no investigation or prosecution, with their suit standing as the single exception. The Becks said:
The petition filed by Elizabeth and Jared Beck says that though the Eleventh Circuit upheld the district court’s dismissal, they “found the DNC donor plaintiffs (although not the Sanders donors) did satisfy the elements … for the fraud-type claims.”. That has allowed the Becks to appeal to the Supreme Court. Elizabeth Beck told Consortium News:
That has allowed the Becks to appeal to the Supreme Court. Elizabeth Beck told Consortium News: “Appeals to the Supreme Court are not automatic. You do not get to appeal just because you lost in the Court of Federal Appeals. The Supreme Court has to accept your appeal.
3rd paragraph: last on p366 ” The president told Andrew Goodpasture White House aides and Gordon Grey that he never wanted to set eyes on Dulles again.
During the DNC Fraud Lawsuit’s proceedings, defense counsel filed a response brief claiming that primary rigging is protected by the First Amendment, arguing that, “To recognize any of the causes of action that Plaintiffs allege based on their animating theory would run directly contrary to long-standing Supreme Court precedent recognizing the central and critical First Amendment rights enjoyed by political parties, especially when it comes to selecting the party’s nominee for public office.”
The class-action suit filed on behalf of DNC donors, Sanders donors, and registered Democrats across the board who wanted back the money they gave to the DNC against both the DNC and its former chairwoman, Rep. Debbie Wasserman Schultz (D-Fla.). It purported that Wasserman Schultz had “rigged” the primaries and exhibited “intentional, willful, wanton, and malicious” conduct.
Part of the lawsuit claimed that the DNC illegally favored Democratic presidential nominee Hillary Clinton over Sanders and were in violation of the DNC charter as a result. The judge assumed that the allegations were true but dismissed the case on the grounds that the supporters who felt defrauded should redress their grievances ...
She was accused of not scheduling many debates between the candidates because of the damage that the debates did to Clinton in her campaign against Barack Obama; much like in 2016, she began as the party favourite and slowly lost ground to an insurgent candidate. During the 2008 nomination process, there were 26 debates, compared to only six debates in the 2016 nomination campaign. Schultz also enacted a rule that said candidates could not participate in unsanctioned debates and lifted a ban on donations from corporate lobbyists and PACs that allowed the DNC to run the Hillary Victory Fund, a fundraising committee organised in collaboration with the Clinton campaign, which Politico reported to be laundering money into the Clinton campaign.
The WikiLeaks emails also contained an email thread from December 2014 between Clinton Campaign Manager Robby Mook and Cheryl Mills entitled “DNC Update”, that discussed how Wasserman Schultz and DNC CEO, Amy Dacey, could be involved in the Clinton campaign. Dacey, along with Chief Financial Officer Brad Marshall, was forced to resign in August 2016, after another email thread from the WikiLeaks email dump contained Marshall speculating that Sander’s Jewish heritage could be used against him. He suggested that Sanders was an atheist and that it could be the difference in the Kentucky and West Virginia primaries. In one email he wrote, “My Southern Baptist peeps would draw a big difference between a Jew and an atheist,” to which Dacey responded: “AMEN”.
As Glen Beck explains in the video above, the case was dismissed for “lack of subject matter jurisdiction” — the ability of the court to hear a case based on their jurisdiction. The judge found the allegations to be well plead — in other words, they weren’t dismissing the grounds of the case. However, Glen and Jared Beck are confident that they can immediately go to a higher court for appeal, so there could be more developments to come.
Aside from just Wasserman Schultz, the WikiLeaks emails revealed collaboration between Donna Brazile , former CNN contributor and temporary DNC chairperson following Wasserman Schultz’s resignation, and the Clinton campaign. On several occasions, she was found to have passed questions to the Clinton campaign in advance of scheduled debates and resigned after the first wave of the DNC leaks uncovered this evidence of collusion. Then in January 2016, whilst serving as DNC vice-chair, she forwarded an email to Clinton’s campaign spokesperson Adrienne Elrod discussing Sanders plan to win over African American voters.
The DNC representatives argued that there was no right to have a fair and open primary and that they could simply have chosen the candidates as a committee and given that candidate to the people,