The Divine Right of the DNC – Part 3 - DNC lawsuit series
The DNC fraud lawsuit could be our last chance to reclaim Democracy for the voters.
Excerpt:
If media bothered to report on the hearing to dismiss, we’d all know the situation is more dire than anyone imagined. In the meager coverage the story garnered, it’s been firmly established that the Democratic Party has lost touch with voters. But, given their theory of defense, I’m beginning to wonder if the DNC hasn’t lost touch with reality.
[SNIP]
The DNC seems to be trying to cover the stink of fraud with the fragrance sovereign immunity. The old saw “You can’t sue City Hall” refers to the principle that: The state/sovereign cannot commit a legal wrong and is therefore immune to civil suit or criminal prosecution. It’s like the DNC thinks it can create a hybrid, political immunity that allows it to be both a secretive private entity, and an arm of government that can’t be held liable for lying to the public.
By now everyone aware of the case is familiar with Spiva’s argument that the DNC “could have voluntarily decided that, ‘Look, we’re gonna go into back rooms like they used to and smoke cigars and pick the candidate that way.’ That’s not the way it was done. But they could have. And that would have also been their right.” He continues, “and it would drag the Court well into party politics, internal party politics to answer those questions.” But why would that follow when any other “private entity” would have its internal processes examined when fraud is alleged. The DNC is not the government, but implies that it is, kind of, when it comes to immunity from liability.
The reporter didn't really get into the things uncovered in the GOS diary I mentioned in a previous essay, but after this part 3 article was published, Brook interviewed Elizabeth Lee Beck (attorney for the plaintiffs along with her husband Jared Beck) for an hour on Sunday afternoon—you can replay it here
A lot of the discussion was about the lack of coverage of the DNC lawsuit by mainstream news outlets, as well as the Washington Post's latest hatchet job The Seth Rich conspiracy shows how fake news still works (Archived Version) which mentions the DNC lawsuit in passing saying:
And a largely frivolous lawsuit against the DNC — announced in July, and playing out in a Florida court now — has been aggressively covered by the Russian propaganda network RT. (Among the finer points of the lawsuit is that it seeks damages against the DNC for allowing itself to be hacked.) Dore's show has backed away from the story since Wednesday. RT, unsurprisingly, has not.
I listed and there was lots of good stuff. She even gave a shout-out to wayofThe Bern just past the 47:00minute mark.
Brook mentioned that this part 3 article will be the last in the series on the DNC transcripts, but that there will be additional coverage on other aspects of the case - hopefully including more about the superdelegates. Maybe more of what was in that GOS diary will be featured in additional reporting.
She also mentioned that The Florida Squeeze has been around since 2011 or 2012, but the reporting on the DNC lawsuit has blown all their other coverage on other issues out of the water in terms of traffic to their website.
One interesting thing she mentioned that didn't make it into part 3 of the article is why did the DNC choose Bruce Spiva to represent them in this latest hearing rather than Marc Elias?
Mark Elias is very well known and pretty high up at Perkins Coie.
When Dems Are in Trouble, They Call Marc Elias
When Democratic campaigns across the country have major problems, their go-to fixer is super-lawyer Marc Elias. Elias chairs the political law practice for Washington, D.C., law firm Perkins Coie, and he has been involved in nearly every legal question the Democrats have had this cycle.
[SNIP]
While Bauer was at the White House, Elias took the reins of the law firm’s political practice. Now he has become a key player for Democrats who find themselves in need of urgent legal help.
"There is no Democratic-side campaign finance lawyer who is more important than Marc Elias," Robert Lenhard, a former Federal Election Commission (FEC) chairman, told Politico. "That is without a doubt."
He was also the top Lawyer on the Clinton campaign and being a campaign finance lawyer, he likely advised the campaign on how to set up the Hillary Victory Fund.)
Plus Marc Elias has 20.2k followers on twitter
Bruce Spiva has 32 followers on twitter
So it would have been much more newsworthy if Marc Elias had had argued the DNC's case last month, instead of Bruce Spiva. And we can't have the DNC lawsuit being reported on by the MSM, now can we?
Comments
First the media elects Hillary and Trump.....
They ignore Bernie, ignore the content of the DNC leaks, ignore the lawsuit, ignore us. I recently listen to this in depth and interesting discussion on US geopolitics and the military industrial complex. ( We better hope this regime never gets it act together.) The "right" was mention as a player several times. The left? ha, ha, ha.
"Religion is what keeps the poor from murdering the rich."--Napoleon
I listened with my eyes closed. One filter on.
And the whole interview/speech/rant was odd to me. dk, you are correct, no mention (other than scoff) of the left. What I sensed were many Glittering Generalities that go down like sweet syrup and are fundamentally unfair to a large swath of the country. And a bit of too many directives suggested.
Hey! my dear friends or soon-to-be's, JtC could use the donations to keep this site functioning for those of us who can still see the life preserver or flotsam in the water.
Spiva is a trial lawyer...
with a lot of experience in class action suits, so it's not overly surprising that they'd pick him to argue the 12(b)(6) motion to dismiss.
Doesn't mean Elias isn't involved in the defense, just that he isn't the one appearing before the judge.
Elias (and PC in general) are majorly conflicted in this case, with Elias arguably a material witness, so having a different litigator argue the issues gives the firm at least some appearance of separation. (Not enough IMO.)
It also gives PC a certain degree of plausible deniability. Other threads have pointed out that it didn't seem likely Spiva would not be prepared for the judge's question about the relationship between the DNC and the state Dem parties. Yet given Spiva's lack of day to day familiarity with the ins and outs of that relationship (which Elias created), it could very well be that they have kept him at least somewhat in the dark and that Spiva doesn't truly know all the shady details. Had Elias been the motion attorney, there's no way they could get away with such an evasive answer.
The current working assumption appears to be that our Shroedinger's Cat system is still alive. But what if we all suspect it's not, and the real problem is we just can't bring ourselves to open the box?
Niko House first mentioned that in his own Youtube
In the podcast, that issue was brought up. My sense is that the lawyers for the DNC felt they had too many bad facts to for them to win on the Motion to Dismiss, especially with this judge. Therefore they did not want to muddy the rep of Elias at this point in the process. I personally suspect that we will see Elias when they get to trial mode.
For those who may not remember Niko House was ground zero for pointing out something was not right in the primaries.
[video:https://www.youtube.com/watch?time_continue=15&v=yvL-y8LZPpA]
Do I hear the sound of guillotines being constructed?
“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy
@gulfgal98
Thanks for the video!
I very much enjoyed it, although I wished he'd mentioned that another reason for the corporate media not covering this is that so many corporate media people are on those emails as
offering media stories for review to the Clinton faction for OKing,
accepting talking points,
handing out debate questions prior to the debate to Hillary,
and on record as pushing false narratives, such as the 'Bernie Bro chair-hurling/threatening/violence', among other created memes and propaganda,
especially regarding just including the anticipated Super Delegate votes in with others for Hillary's counts against Bernies, even though they had not yet voted and would/could not until afterward, and announcing Hillary wins before the votes came in, (and whatever else I've missed mentioning - Lying With Her all through the primary selection process.
This needs popcorn!
Psychopathy is not a political position, whether labeled 'conservatism', 'centrism' or 'left'.
A tin labeled 'coffee' may be a can of worms or pathology identified by a lack of empathy/willingness to harm others to achieve personal desires.
Twitter Dee and Twitter Dumb
This probably explains the stupid, offensive, incoherent reasons Spiva gave during the motion to dismiss hearing.
Ignorance of the facts of the matter is not a viable excuse for attorney at bar. It redounds on his ignorance and ill-preparedness.
Au Contraire..
To protect your client from a damaging admission, a lack of certainty is often a viable option.
The current working assumption appears to be that our Shroedinger's Cat system is still alive. But what if we all suspect it's not, and the real problem is we just can't bring ourselves to open the box?
Freedom from government & civil over-site is
the primary reason for a private-public partnership. This is the reality for most private-public partnerships from national security private contractors monitoring world citizens to the local development planning projects keeping the buyer or developer secret to be "fair" to a private business.
The DNC is not a government agency so their private-hybrid political organization is in court.
thanks for keeping us informed.
Still yourself, deep water can absorb many disturbances with minimal reaction.
--When the opening appears release yourself.
Thank you for this great essay
I had read Brook Hines part 3 over the weekend and was so glad that you decided to write an essay on it. I particularly enjoyed the podcast which I had not previously heard. For what I have read Jared Beck has shouldered the brunt of this case thus far. But I really think Elizabeth Lee Beck is a better interview than Jared. She seems more comfortable than him in that mode.
I am also following both their Twitter feeds and neither of them suffer fools. I believe that they can win this lawsuit. If they do and if Kim Dotcom delivers on his promise of proof that Seth Rich was the Wikileaks source, we may have a chance to save this country from the enormous corruption that is killing it and our citizens.
BTW, Caucus99% also tweets essays like this one every day and retweets interesting tweets from other sources. Check out our Twitter feed. https://twitter.com/caucus99
Do I hear the sound of guillotines being constructed?
“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy
So isn't he criminal conspirator?
"He was also the top Lawyer on the Clinton campaign and being a campaign finance lawyer, he likely advised the campaign on how to set up the Hillary Victory Fund.)"
I've seen lots of changes. What doesn't change is people. Same old hairless apes.
LSM, fine essay!
Where did you get that vintage picture of Donna Brazile?