Doing an End Run Around the DNC Lawsuit?

Well, hello, mighty C99!! If anyone is interested, there's a note on "where the hell has Luna been?" below--but trust me, this is way more important than moi. For now, I absolutely had to (reset my password, it's been that long) come out here and share some DNC-lawsuit-related thoughts amongst the fine denizens of the only blog I really trust at this point....

I saw the following a short time ago at The Hill, and immediately thought two things:

1) It's The Hill, so it's a trial balloon
and
2) Those sneaky fuckers are up. to. SOMETHING....

To wit:

A Republican donor in Virginia has filed a lawsuit against the national and Virginia Republican parties, accusing them of fraud and racketeering for raising millions of dollars in donations knowing they wouldn’t be able to repeal ObamaCare.

AYFKM??

Sounds familiar, don't it?

Class action against the Democratic National Committee & Debbie Wasserman Schultz for collusion and fraud (for raising millions of dollars in donations knowing they were partial to one candidate at the expense of others, in defiance of its own charter)

It's simple, really--you know what I think the GOP case is about? I think it's about "establishing precedent" with a bullshit court filing that's reeeal similar to the DNC lawsuit so precedence can be established when the case is dismissed. Because near as I can tell, the DNC case is unprecedented. So if a precedent were to come about somehow (cough), the judge in the DNC case would have a precedent to throw that case out too.

I happily acknowledge that I Am Not A Lawyer--but if you are, or if you want to weigh in, tell me if I'm nuts or not to be connecting such a set of dots over to the DNC fraud case. I say the plaintiffs there have an excellent case--particularly in light of the since-uncovered Awan Brothers connection to Wasserman-Shultz. In fact, it's so excellent that the Deep State jokers need to make it go away and they're getting downright desperate to the point of literal manipulation of American jurisprudence. What say you?

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lunachickie's picture

I haven't been here for awhile participating, or really doing much political blogging/reading anywhere lately. I've been too broke and too angry to dig too deep, and I finally decided I needed a sanity break (save for my social media, which only somewhat kept me sane) and threw myself into what remains of my job. I'll still be lurking, maybe commenting from time to time, including on this. Regardless, I have missed gabbing with you guys. No matter where we go or where we end up, though, I believe we'll always be bound by a common cause--keeping readers aware of the things that a gaggle of highly-placed, treasonous usurpers of democracy are doing, to destroy our country and everything it ever stood for--and maybe even stopping them somehow. I'm trying to hang in there, and hope you are too Smile

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thanatokephaloides's picture

@lunachickie

Regardless, I have missed gabbing with you guys. No matter where we go or where we end up, though, I believe we'll always be bound by a common cause--keeping readers aware of the things that a gaggle of highly-placed, treasonous usurpers of democracy are doing, to destroy our country and everything it ever stood for--and maybe even stopping them somehow. I'm trying to hang in there, and hope you are too

This is important. luna!

To paraphrase the words of one J. Christ, we will always have corrupt politicians with us. Always. And, as you point out, communication about their maldeeds is the first step to putting an end to the same.

But I, for one, have missed you badly, and rejoice to see you back with us. You are important, lunachickie, and you need to know that. And I've now told you as much.

Smile

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"US govt/military = bad. Russian govt/military = bad. Any politician wanting power = bad. Anyone wielding power = bad." --Shahryar

"All power corrupts absolutely!" -- thanatokephaloides

lunachickie's picture

and hugs to you, @thanatokephaloides ... thank you Smile

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@lunachickie

What thanatokephaloides said, times 99. (At least.) And I hope your situation improves soon!

That said, I personally don't feel that the lawsuits are all that close.

There's a difference between

a political party cheating financially contributing voters out of what was claimed to be a fair electoral contest

and a political party running on a platform thought to be unachievable by those organizing it.

The latter actually would be expected...

Electoral cheating maybe should be expected of both wings of the Two-Faced Corporate Party - although the Republicans have been, up until now, (at least in modern times,) far more blatant about it - but perhaps not so much of a Dem nomination. Even with the Clintons involved, the cheating was mindboggling, with every one of those myriad cheat-schemes required to give Hillary Her Turn at losing the General again. And there's loads of evidence and indication of that cheating. But who knows what a corrupt judge may decide...

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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.

detroitmechworks's picture

It will establish for all time that politicians are not only allowed to lie brazenly and shamelessly.

Also, if the Rethugs are granted even a penny of "punitive damages" it means that you can't sue them for lying without potentially being ruined.

While it would be great to see the Rethugs taken down a peg for lying, same as the Dems, I have no faith in the judiciary, installed by the subjects of the lawsuits.

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I do not pretend I know what I do not know.

Give how much Her was courting Republican donors and that their strategy was literally picking up two Republicans for every Democrat they lost, who knows? The whole DNC lawsuit is based on some jaw dropping skullduggery, so it's hard to dismiss this theory outright. Nothing surprises me anymore.

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Idolizing a politician is like believing the stripper really likes you.

I think you might be onto something.

I was wondering why the DNC suit was taking so long, and why the judge seems to need months to review the case and issue a ruling and we haven't even gotten near a trial yet.

And, now that you bring the subject up, it occurs to me that the elites of both parties DO NOT want a public out in the open trial on these matters.

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Mary Bennett

Wink's picture

@Nastarana
the light of day. By itself, though, the simple filing of the suit at least gives us ammunition to make our own case that the "system" is fucked.

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the little things you can do are more valuable than the giant things you can't! - @thanatokephaloides. On Twitter @wink1radio. (-2.1) All about building progressive media.

lunachickie's picture

@Wink

(the R lawsuit) will likely not see the light of day

The reason for throwing the suit out would in and of itself also establish a precedent.

I agree that this is a bullshit case and that the DNC case has actual merit. And what better way to squash any further movement on a case with merit, than by establishing an excuse to dismiss it?

All that being said, just remember that I truly hope I'm wrong about all this Wink

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Wink's picture

@lunachickie
about the D case, but should have been more specific. Deep State won't allow the D case to proceed. I mean, they can't jail the entire Village, and this case would practically implicate the entire Village.
But just the fact that somebody had the balls to file it - the trail of dead is long - is enough for us to make the case that the "System" is fucked.

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the little things you can do are more valuable than the giant things you can't! - @thanatokephaloides. On Twitter @wink1radio. (-2.1) All about building progressive media.

lunachickie's picture

the elites of both parties DO NOT want a public out in the open trial on these matters.

Exactly. My only remaining question is "can a judge cite a precedent for a case decision that came AFTER his current case was filed?" Does it matter when the case is decided, for it to be used as precedence in another decision?

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@lunachickie Precedence is a prior ruling upon which you base your ruling. The timing of generating a case is not the issue.
Precedents are after appellate review. No matter what happens in the DNC case, it will be appealed. I figure we are years away from a precedent.

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"We'll know our disinformation program is complete when everything the American public believes is false." ---- William Casey, CIA Director, 1981

lunachickie's picture

@on the cusp - doesn't matter when it is established, as long as it is.

Which lends a bit of weight to the big picture, which I find rather frightening. We could definitely be years away from precedence for the DNC case. Hell, it could take years to let other things run their course. Like on this GOP case--for all we know, the Mighty Wurlitzer could be cranking up to elevate this Frivolous Lawsuit as we speak! And of course President Trumpski could have himself a Tweet-fest over it and boy, wouldn't all that eat up a whole shit-ton of news cycle time?

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Alligator Ed's picture

@lunachickie and how absolutely correct!

Good to see you back (and/or front). Some idioms don't make sense. If you can only some else's back, they are going away from you, whereas you are approaching, thankfully.

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smiley7's picture

happy you are posting. Haven't been following the lawsuit so i've nothing to add, just wanted to say welcome back!

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lunachickie's picture

@smiley7

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gulfgal98's picture

in these lawsuits. First, the Democratic party lawsuit cites that what DWS etal were doing was in direct violation of the party's charter. This would establish a basis for fraud as party members and donors were giving money to various candidates with the expressed written expectation (in the DNC's own charter) that the DNC was to remain neutral among primary party candidates. The second thing in the DNC lawsuit is that money was being given in election campaigns, therefore the DNC's violation of its own charter was not only violated, but also could have affected the outcomes of the primaries in some cases.

I am not a lawyer, but I do see a distinct difference between the two lawsuits with the DNC case being much stronger due to the first reason I cited above. However, the lawsuit against the RNC may have been filed as a diversionary tactic and could have been an attempt to establish precedent even though I personally see the two lawsuits as being very different.

BTW, it is good to see you, Luna.

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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

that they couldn't repeal Obamacare. That's a steep hurdle to overcome. And patently ridiculous seeing that they came so close. Two more (R) Senators and they would have had it.

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I've seen lots of changes. What doesn't change is people. Same old hairless apes.

lunachickie's picture

@The Voice In the Wilderness Is it that steep?

the (R) lawsuit claims that they couldn't repeal Obamacare.

Sure! They're claiming the fraud was such that they knew they couldn't repeal it--but they'd have to know what the makeup of the House and Senate were ultimately going to be to do that, wouldn't they?

All of this is rather akin to predicting the future, and that's where propaganda could be used to blur the lines between the real differences between these two cases, so that The People decide they're exactly similar. A similar prediction can be made in the (D) suit, can't it? Yes, voters were defrauded of a choice of Bernie Sanders in the long run--absolutely. Did that fraud caused Bernie Sanders to ultimately lose the nomination? Of course it did! But isn't that also predicting the future?

What they can't get right in details, they'll use their dutiful media to fuck with, so that there's no peasant revolt. Cuz the whole DNC thing is really grown up, with the addition of the Awan Bros connection...

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Alligator Ed's picture

@lunachickie An equally great part, if not greater, was the election fraud perpetrated by the Dem establishment in tinkering with primary rules, voting procedures, counting ballots cast accurately, etc.
Regardless of the DNC fraudsuit outcome, the election fraud beyond that determining the existing lawsuit was directly and materially affecting the outcome of an already pre-determined primary winner. It is to Bernie's discredit that he did not call out the clear violations of primary voting procedures DURING his campaign before the DNC convention. It is this lack plus DNC sheep-dogging which has sown significant doubts about a second presidential run by Bernie. But, in a converse of voting for the-lesser-of two-evils conundrum, we may have the fortunate choice of choosing the greater of several goods--e.g., Tulsi and Nina.

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lunachickie's picture

@Alligator Ed

I'm not even getting excited over Tulsi. I think she'd be awesome, but if these usurpers aren't stopped, they'll get to her just like they got to Bernie.

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lunachickie's picture

@gulfgal98

differences in the details, for sure...but is the general thrust of both cases such that one could be a "precedent" to another? Not being a lawyer, I'm not sure how similar or how different in detail they have to be--I always thought the end game in establishing legal precedent was the "final outcome". Here, the final outcome is "the people were defrauded" because "a political party misrepresented something" and cost the people money.

I should probably note, too, that the GOP article in part describes the lawsuit using the word "racketeering". That's a word a lot of people discussing the DNC lawsuit have been using for months now. RICO, anybody?

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I think you are Perspicacious! (Autocorrect kept changing the word to efficacious or perspiration until I capitalized the p )

Have missed you and your insights and your righteous anger.

I keep reminding myself that back in the day I thought they couldn't go any lower. Then, the news that we were fully engaged in torture broke.

I guess in addition to competition for money and power, they can vie for lowest skullduggery.

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lunachickie's picture

@gustogirl

I love new words! And thank you, gustogirl, that's a lovely complement to my utter word geekiness! Smile

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thanatokephaloides's picture

@gustogirl

I think you are Perspicacious! (Autocorrect kept changing the word to efficacious or perspiration until I capitalized the p )

And you should be quite orgulous that you used that word! Smile

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"US govt/military = bad. Russian govt/military = bad. Any politician wanting power = bad. Anyone wielding power = bad." --Shahryar

"All power corrupts absolutely!" -- thanatokephaloides

Alligator Ed's picture

@thanatokephaloides I had to consult my dictionary. Darn, I hate that, turning all those pages and what not. My first interpretation of your diction was something to do with orgasm. Alas, my lusty interpretation was incorrect--but I still like it. Luna might not, however.

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lunachickie's picture

replaced comment to the chat above where it was supposed to go Smile

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Pluto's Republic's picture

Glad you brought it, and it's nice to see you. You kept things lively and engaging.

I'm a keen observer of strategic lying and propaganda in the public sphere. It's been creating political dramas for thousands of years. It falls in and out of fashion, but with the arrival of media on the planet, deception evolved rapidly. At first, when radio came around, Americans were very high minded about it and penalized media companies if they deliberately misinformed the public. But that regulation was revoked in the 1980s, and the media was permitted to lie to viewers about news and current events. Then, just last year a law was passed permitting the government and its agencies and Congress and the President — to lie to the people without repercussion and deceive them with propaganda.

I don't think Parties are held to a higher standard than that. Parties are not even part of government. They are operated as private clubs and they can follow any rules that they wish to. Members can move on if they don't like it. They are seen as helpful boosters of "Democracy."

On the other hand, people do feel they were defrauded. And based on their expectations, they were. But the Parties are free to throw away primary results if they want to, and pick their own candidates, as they historically have done. And Party platforms and promises are routinely ignored or abandoned. Why should Party members expect different behavior this time?

True, money did change hands. But elected officials are perfectly free to prioritize the interests of corporations over the interests of smaller donors. The Supreme Court says as much. And, small donors are perfectly free to vote them out of office. The Parties are always grooming new candidates to take their places.

As you cleverly suggest, the courts may be getting their ducks in a row for rulings they intend to make and defend. But the law does seem settled. I'm not a lawyer, either. I could be way off on this. I would love it if they found for the People, particularly because it would finally establish, legally, that legislation may be bought and sold. Then, the People could pool their money, instead, and buy the legislation they want directly from whomever manages to get elected. They could compete with the corporations and beat them at their own game. Pretending we live in a Democracy is working against us. We live in a marketplace.

Don't be a stranger, okay?

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IMAGINE if you woke up the day after a US Presidential Election and headlines around the the world blared, "The Majority of Americans Refused to Vote in US Presidential Election! What Does this Mean?"
lunachickie's picture

@Pluto's Republic

I'm a keen observer of strategic lying and propaganda in the public sphere.

It's nice to be writing again. One of the things that's kept me so broke is pursuing of further education on propaganda and rhetoric. Long story short, I'm trying to learn more, such that it helps me communicate stuff like this a lot more appropriately, and in an easier-to-understand way, to others who actively seek to understand it.

As you cleverly suggest, they courts may be getting their ducks in a row for rulings they intend to make and defend.

Oh they've been doing it for years, haven't they? To me, though, the DNC case is completely removed from that. This is an active case that does not yet seem to have a precedent--that's the key. The others (McCutcheon, Citizens United, etc.) were done to establish precedents for the future cases which might arise.

But the law does seem settled.

Which law settles the DNC suit already? Do you know of an existing precedent?

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Pluto's Republic's picture

@lunachickie

Which law settles the DNC suit already? Do you know of an existing precedent?

The outcome of the DNC case seems implied, to me, from the settled laws about issues that forcefully impact Democratic outcomes with undo influence. Citizens United, yes. The Party Bosses, definitely. I'm following the logic that I built in the argument I made above.

My instincts may be just so-so, however. I borrowed heavily from Einstein who wrote about this exact issue that emerges at the Federal level and across society. I'm certain he got it right. He said:

The economic anarchy of capitalist society as it exists today is, in my opinion, the real source of the evil. Private capital tends to become concentrated in few hands.... The result of this development is an oligarchy of private capital, the enormous power of which cannot be effectively checked even by a democratically organized political society. This is true since the members of legislative bodies are selected by political parties, largely financed or otherwise influenced by private capitalists who, for all practical purposes, separate the electorate from the legislature. The consequence is that the representatives of the people do not in fact sufficiently protect the interests of the underprivileged sections of the population. Moreover, under existing conditions, private capitalists inevitably control, directly or indirectly, the main sources of information (press, radio, education). It is thus extremely difficult, and indeed in most cases quite impossible, for the individual citizen to come to objective conclusions and to make intelligent use of his political rights.

My conclusions about how to deal with the situation are more direct than than Einstein's prescient musings. I was quite serious about directy buying our desired legislation. It's expedient and possible. I'm not at all sentimental or nostalgic about democracy. Einstein would probably be surprised to learn that so little has changed since 1949. But that's actually the point when our current problems began. He speculated about the obstacles ahead:

...is it possible, in view of the far-reaching centralization of political and economic power, to prevent bureaucracy from becoming all-powerful and overweening? How can the rights of the individual be protected and therewith a democratic counterweight to the power of bureaucracy be assured? …Under present circumstances, free and unhindered discussion of these problems has come under a powerful taboo.

I can't decide whether the DNC case is really important or not, in the larger scheme of things.

::

You mention:

One of the things that's kept me so broke is pursuing of further education on propaganda and rhetoric.

That's exactly what I have been doing. I am thoroughly immersed. Now, I need to figure out how to turn a profit on it. Wink

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IMAGINE if you woke up the day after a US Presidential Election and headlines around the the world blared, "The Majority of Americans Refused to Vote in US Presidential Election! What Does this Mean?"
lunachickie's picture

it sure would be nice to make an actual living at it, @Pluto's Republic - I'm guessing I'll have to settle for a lifetime of "internship", unless something drastic happens Wink

So I'd say Al got it right here:

This is true since the members of legislative bodies are selected by political parties, largely financed or otherwise influenced by private capitalists who, for all practical purposes, separate the electorate from the legislature.

Then again, he wrote this long before 1968 in Chicago, which is, if memory serves, where the "modern US Political Party primary system" as we know it today evolved from. There's got to be something more than an implied contract with that, doesn't there?

I'm with you, though, I would like to see this "democracy" of which this current lot today speaks of. They're either delusional or criminal to think that still actually exists. We've already devolved back to the Gilded Age in everything but actual documented jurisprudence. Those damned Roosevelts, they screwed up everything!!! All that extra work they made for Our Betters....

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Pluto's Republic's picture

@lunachickie

…but I think there were Party shenanigans in the late 40s and the 1950's during the conventions, which set the cavalier attitude of the supremacy of the Party bosses and their cronies. They just have different names, today. Television was just beginning to peek at the process, before it moved into the backrooms and shadows. I'm sure it was just as treacherous as the antics of the DNC, on display in their leaked emails. Something monstrous revealed itself during the Democratic convention. It changed everything. A door slammed shut. Hillary was finished.

I think of the 1960s as the first confrontation. That spirit is still very much alive. It's been pretending to cooperate for all this time, waiting for people to wake the fuck up. i bumped into it last summer.

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IMAGINE if you woke up the day after a US Presidential Election and headlines around the the world blared, "The Majority of Americans Refused to Vote in US Presidential Election! What Does this Mean?"
Alligator Ed's picture

@Pluto's Republic Judging from the three comments you made above my comment, you make perfect sense (except for one quibble to be described below and one historical correction which predates the 1940s)

Party shenanigans, aka smoke-filled rooms long predate FDR, Woodrow Wilson or any other sonofabitch POTUS we've had since Lincoln (and he only got in because the Whigs were inadvertently holding the door open for him)

My quibble is with the term "strategic lying". Pluto that would condemn most politicians to enforced silence. "How do you know when a lawyer is lying?" (excluding OTC). "His lips are moving." These bastards lie for a living--and are well-compensated for it too.

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snoopydawg's picture

@Pluto's Republic (second comment)

The economic anarchy of capitalist society as it exists today is, in my opinion, the real source of the evil. Private capital tends to become concentrated in few hands.... The result of this development is an oligarchy of private capital, the enormous power of which cannot be effectively checked even by a democratically organized political society. This is true since the members of legislative bodies are selected by political parties, largely financed or otherwise influenced by private capitalists who, for all practical purposes, separate the electorate from the legislature. The consequence is that the representatives of the people do not in fact sufficiently protect the interests of the underprivileged sections of the population.

Thomas Jefferson and many others have warned us about this, and instead of it being addressed and changed, it has gotten worse each year. It got much worse during the Obama administration when income inequality was as bad as it was just before the Great Depression.
People blame the Bush administration for the global economic crisis, but they don't remember that Clinton set the crisis up for Bush.
Yes Greenspan did nothing to stop it because this had been planned since the days of FDR. And he only created the New Deal because the people were willing to do their own thing about it. Someone here stated that FDR saved our country's capitalistic ways when he created the New Deal when he had the chance to do something different.

Another member stated that the goal of our government isn't to bring other countries up to our standard of living, but to bring ours down to the other countries where people work for less than $2 a day.

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There were problems with running a campaign of Joy while committing a genocide? Who could have guessed?

Harris is unburdened of speaking going forward.

snoopydawg's picture

@Pluto's Republic (I'm addressing Pluto's first comment here)

But the Parties are free to throw away primary results if they want to, and pick their own candidates, as they historically have done

I don't know if the DNC took part in the massive voting fraud, but the other things that happened during this primary was that so many people had their party affiliation changed and were kicked off the voting rolls, as well as the other shenanigans such as the Nevada caucus when the person in charge of it started the voting 30 minutes before it was scheduled to start and again when she took a voice vote and she said that the Yay votes were more than the No votes.
This was the caucus that the Herbots continued to spout that a Bernie supporter threw a chair. Barbara Boxer was there and plainly dismissed people's actions after they felt that the whole experience was unfair to Bernie.

I don't recall if Bernie's campaign addressed this or not, but this type of activity was seen through the whole primary process. People could plainly see that the rules for a fair election were broken in many ways. Remember that Bill Clinton went to 4 voting places in Massachusetts and he even went inside one. His being there interfered with people being able to vote because his secret service detail obstructed people being able to find parking spaces and basically making it more difficult for them to vote, especially if they were voting during their lunch hour or without having to wait in lines all day. This has been a problem for decades in many democratic voting places. I finally knew why this hadn't been addressed by getting more than 2 voting machines at voting places. The democrats just didn't want it to happen.

On the issue of this essay, I agree with gulfgal that the DNC did willfully defraud Bernie's supporters by making sure that Herheinous won the primary. This went against their charter which they had to abide by. The lawsuit against the republicans would be very difficult to prove, IMO.
There was nothing written that said that the outcome of repealing the ACA would definitely happen.

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There were problems with running a campaign of Joy while committing a genocide? Who could have guessed?

Harris is unburdened of speaking going forward.

Pluto's Republic's picture

@snoopydawg

I can see the distinction between the two lawsuits. But I get snagged on the "performance contract" that the People think they had with the Party. Is the Party really bound by their charter in practice? For the past four decades, the Party has managed to advance corporate interests, which is often in conflict with activist's interests and the people's wellbeing. Yet the People continued to give them money. Democratic Primary voting, controlled by the Party, was blatantly irregular in a number of states, with switched registrations and ballots thrown in the garbage. The Party stonewalled those who complained, and the People continued to donate.

It was always on the table that the Super Delegates can throw the election once voting is done, if they wish to choose a different candidate. The People know the final choice was never theirs in the first place. This was what the Super-delegate system was designed for — to force out certain winners and substitute Establishment picks. This is a known risk, regardless of how the unwanted candidate is dispensed with. Many walked away at that point, never to return. Those who remained sent more money. These actions could be interpreted as consent.

Still, I hope they prevail and get their money back — and further clarify for Democrats how their Party is designed to function.

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IMAGINE if you woke up the day after a US Presidential Election and headlines around the the world blared, "The Majority of Americans Refused to Vote in US Presidential Election! What Does this Mean?"
snoopydawg's picture

@Pluto's Republic

But I get snagged on the "performance contract" that the People think they had with the Party. Is the Party really bound by their charter in practice?

I think it was established that the DNC did have to run a fair and open primary., but they didn't do it this election. This is what the lawsuit against them is about. As I stated in one of my comments in this essay, one of the DNC lawyers told the judge that Bernie's supporters shouldn't have continued giving money to his campaign because they knew that it was being rigged against him.

I agree with you that the DNC may have been defrauding us for decades, but what is different this time around is that people were finally aware of how the election was being manipulated so that Hillary would be the candidate that won the primary.

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There were problems with running a campaign of Joy while committing a genocide? Who could have guessed?

Harris is unburdened of speaking going forward.

@Pluto's Republic

This was what the Super-delegate system was designed for — to force out certain winners and substitute Establishment picks...

... isn't it also what the Electoral College is more or less about? I don't see either Party trying to end the Electoral College. It's something the Party powerful can manipulate to get around the will of the voters.

If the DNC lawyer can make the case that whatever works is acceptable, no matter how fraudulent or dishonest, then the case will be made that our election system is a fraud and that our democracy is non-existent.

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SpamNunn's picture

for her "recount" fundraiser, too?

Whatever happened there? Anyone?

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It's just my opinion. It can't hurt you

lunachickie's picture

to these two cases, @SpamNunn ? I remember something about a case against Stein and/or the Green Party, but I thought it was about "counting ballots", which would seem to be not very similar at all? I could be wrong about that, of course....

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I am a lawyer, but like most lawyers I have never litgated cases like these. That said, the DNC lawsuit is based on blatant violations of the DNC charter that promises fairness and impartiality in the operation of the Dem Party's primaries. Those who contributed funds with the reasonable expectation that the DNC would follow its charter are real financial victims. One potential problem for the plaintiffs that I see is that they may be required to prove that they were aware of the charter before they donated, thus reasonably relied on the charter when they donated.

The GOP lawsuit is more of a publicity stunt to call attention to the broken campaign promises of future legislative action (i.e., repealing the ACA). The problem is, Congressmen are not required to vote along party lines, anything can happen in the legislative process, and a donor cannot reasonably rely on the GOP's campaign promises and aspirational platform items being fulfilled in the future. Proving that the GOP intentionally lied and had no intention of even trying to repeal the ACA is tough sledding to say the least.

In my view, if the law is at all followed, the cases are so dissimilar that one cannot be a precedent for the other; they are "distinguishable."

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gulfgal98's picture

@Bring Back Civics I do know that in interviews with Jared and Elizabeth Beck, the lead attorneys for the plaintiffs, they have emphasized that their case is one of financial fraud based upon the DNC's charter.

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Do I hear the sound of guillotines being constructed?

“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy

Deja's picture

@gulfgal98
That's what I thought too. I am so thoroughly pissed off about that hideous hag getting one cent of my money, I could spit venom. The conspiracy and collusion between Sea Hag's team and the DNC is so obvious in hindsight; and I did presume (for decades) the DNC to be neutral, which is so laughable now, again, in hindsight.

What does the charter say about giving funds sent to one candidate to that candidate's opponent? And the thought of it possibly winding up in Sea Hag's criminal money laundering foundation makes my stomach churn.

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lunachickie's picture

little more than "hope" for this is kind of where I keep getting stuck:

if the law is at all followed, the cases are so dissimilar that one cannot be a precedent for the other; they are "distinguishable."

@Bring Back Civics - surely you are absolutely correct and you make complete sense. But it all hinges on the idea that "the law is at all followed".

I'm not saying that to be contrary, I'm really not--I say it only because I'm pretty sure that concept has faltered in a big way by SCOTUS a couple of times in the last decade or so. And that terrifies me IRT to the DNC case, exactly because that case does have merit.

One wonders if TPTB in Washington has the stones to be that brazenly manipulative. We should hope like hell they don't, though desperation can make people do dumb things sometimes...

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@lunachickie I agree with you and intentionally qualified my comment with the language you quoted. The superficial similarities of the cases could (and likely will) be exploited by media coverage to equate them and argue that they should be decided the same way. All we can do is articulate the stark differences and spread the word.

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snoopydawg's picture

@Bring Back Civics
IIRC, one lawyer said that the case should be thrown out because people knew what the DNC was doing and yet they continued to send Bernie money.
This statement should be clear that the DNC knowingly broke their rules. This is now on the public record in the lawsuit.
I would think that after the lawyer for the DNC admitted that the DNC willfully broke their rules, there isn't any way they can roll the words back.

Great discussion. Every one should take a bow Smile

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There were problems with running a campaign of Joy while committing a genocide? Who could have guessed?

Harris is unburdened of speaking going forward.

lunachickie's picture

@snoopydawg

the DNC knowingly broke their rules

I wonder which slimy Party counselor lost their job over having gone down that road for the record? I don't remember the exact wording (though it's available on the Jampac site), but it was tantamount to "Yeah, we have bylaws, so what?"

So what? They want it both ways--they want to be a Private Company with Private Company laws to protect them, except they want to oversee a Public Election.

I would think that after the lawyer for the DNC admitted (it), there isn't any way they can roll the words back.

Precisely why they need that lawsuit to go away. That and the even-stickier sticking Awan Brothers escapades has really complicated things. They're not above creating diversion. And holy freaking crap, TPTB need a diversion right....now...

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@lunachickie that the Demonrats can't "just drone" the Becks, a huge brouhaha would ensue were that to happen in the present climate, BUUT, a big enough distraction might provide enough cover that a suicide pact in a hotel room scenario could then proceed.

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Mary Bennett

Centaurea's picture

@snoopydawg The DNC has not admitted anything. In fact, in the hearing on the DNC's Motion to Dismiss, the DNC's lawyer specifically said they did not do it.

What he said was that even if they had chosen the candidate behind closed doors, they would have had every right to do so.

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"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
~Rumi

"If you want revolution, be it."
~Caitlin Johnstone

Deja's picture

@Centaurea @Centaurea
But it was a long while back.

Sure thought someone with the DNC said it, but it could have been phrased like you say it was phrased.

Someone posted it here, though. I'll try searching for it . . . because I have to know now; but, please, others are encouraged to also search, because I generally suck at finding things using online search functions.

Edit: I found it, I think.

Even if the DNC wins the legal matter and the judge grants dismissal, they will have “won” by breaking Democracy. This is because the DNC has employed a scorched-earth approach in presenting their arguments for dismissal which goes: Regardless of the Party’s public face, they retain the right to choose candidates in secret, thereby screwing their constituents out of any meaningful representation in the democratic process. And that, they argue, is just the way politics rolls—you’re a moron if you don’t it see it.

emphasis mine.

https://caucus99percent.com/content/some-damn-fine-reporting-local-flori... by LoneStarMike

That's a quote from an article that LSM quoted, but I have not found the actual quote from an actual person and researching on a phone is tough. I'll leave that for someone else.

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Centaurea's picture

@Deja
Here's what the DNC lawyer, Bruce Spiva, said, according to the official court transcript of the hearing on the Motion to Dismiss:

MR. SPIVA: [W}here you have a party that’s saying, We’re gonna, you know, choose our standard bearer, and we’re gonna follow these general rules of the road, which we are voluntarily deciding, we could have — and we 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, and it would drag the Court well into party politics, internal party politics to answer those questions.

The quote also shows that the DNC is relying on existing case law precedent precluding judicial intervention in internal political party affairs.

http://jampac.us/dnclawsuit/

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"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
~Rumi

"If you want revolution, be it."
~Caitlin Johnstone

lunachickie's picture

@Centaurea

They took money from outside their little internal bubble and then turned around and said "too bad for you, Sucker".

Internal politics? Really? To me, it seems clear that this private company is fraudulently administering the process by which a candidate is placed on a public voting ballot for a public election. If that's the case, it would appear they can't do that and be a private company at the same time. This is germane to the case, whether they want to admit it or not. A private company should not be able to financially defraud any part of the process by which a public civic duty like the People's voting is going to result. That doesn't seem to square with the People's existing voting rights and could very well be found to be un-Constitutional.

Hence the lack of precedent in law. And you can just imagine how desperate these people have to be, to get rid of this lawsuit, if that is a question or concept which came up during the testimony at any point.

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Good to see you here lunachickie. Yesterday ek and now you. Hope you both come by more often.

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"Religion is what keeps the poor from murdering the rich."--Napoleon

lunachickie's picture

@dkmich

Hiyya dk!

(sends hugs)

Smile

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Dems can't be trusted. Don't you love the way they are all centrists? Can't have those crappy Berniebros.

Florida Dems hostings fundraiser for GOP Lawmaker

Several prominent south Florida Democrats are hosting a fundraiser for Republican Rep. Carlos Curbelo's (Fla.) reelection bid, the Miami Herald reports.

The event is being held in the centrist congressman's Miami district, which is in national Democrats' sights and competitive.

Among the nine Democrats sponsoring the fundraiser are former Miami Mayor Manny Diaz and Florida City Mayor Otis Wallace.

Other co-hosts include Hillary Clinton donor Ira Leesfield and attorney Roland Sanchez-Medina, who previously worked as the campaign treasurer for Democratic congressional candidate Joe Garcia.

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"Religion is what keeps the poor from murdering the rich."--Napoleon

lunachickie's picture

@dkmich

That right there is the kind of shit I had to take a break from. Florida Dems raising money for their "opposition". WTH???

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@lunachickie

Sorta like, if I recall correctly, DWS not supporting Dems running against Republican Cuban friends in... was it Florida? Too tired to look it up, so somebody please correct me where I'm wrong?

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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.

snoopydawg's picture

@dkmich
and I'm sure that no one would find it shocking that some of the members there were defending their actions.
The idiocy of that site continues to astonish me.
I have posted an diary that markos wrote in 2006 when he called Hillary "too much of a Clinton democrat" and listed all the reasons for why Hillary shouldn't become president and then he turned around 8 years later and forgot his reasons for being against her.

We saw this when Obama continued Bush's wars in Afghanistan and Iraq after he promised us that he would end the Iraq war as soon as he could. And instead he tried to keep the troops in Iraq until the status of forces agreement made him withdraw them.

And most of the site stayed quiet when he started his drone program, his Libyan war on false pretenses, and putting troops in over 134 countries in Africa.
There were people defending his use of drones because they saved our troop's lives, when they should have been questioning the legality of using them at all.

There were articles everywhere yesterday about his birthday and most comments said that they wish he was still president.
After his "empty suited" presidency, he should be tied with Bush for worst president ever. Instead, people say that he was the best president since FDR. But then these were the same people who said that Hillary was the most qualified candidate. Ever! And that she ran on the most progressive platform. Ever!

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There were problems with running a campaign of Joy while committing a genocide? Who could have guessed?

Harris is unburdened of speaking going forward.

lunachickie's picture

@snoopydawg

I have only been there once to lurk since the Great Declaration by Little Napoleon, and his obnoxious countenance. And that was cuz I read somewhere (probably here, heh) that there was a bit of another purge.

Amazingly, my account still has a buncha mojo. One of these days, Alice....

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thanatokephaloides's picture

@snoopydawg

I have posted an diary that markos wrote in 2006 when he called Hillary "too much of a Clinton democrat" and listed all the reasons for why Hillary shouldn't become president and then he turned around 8 years later and forgot his reasons for being against her.

Scrolls of amnesia. (Read: government issued papers bearing portraits of dead Presidents and Founding Fathers....)

And just who the fuck was Maud, anyway? (Inside joke for any NetHack players who may be reading this)

And most of the site stayed quiet when he [Obama] started his drone program, his Libyan war on false pretenses, and putting troops in over 134 countries in Africa.
There were people defending his use of drones because they saved our troop's lives, when they should have been questioning the legality of using them at all.

There were articles everywhere yesterday about his birthday and most comments said that they wish he was still president.
After his "empty suited" presidency, he should be tied with Bush for worst president ever. Instead, people say that he was the best president since FDR. But then these were the same people who said that Hillary was the most qualified candidate. Ever! And that she ran on the most progressive platform. Ever!

Those folks need a new drug. The old drug's rotting their brains.

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"US govt/military = bad. Russian govt/military = bad. Any politician wanting power = bad. Anyone wielding power = bad." --Shahryar

"All power corrupts absolutely!" -- thanatokephaloides

Lady Libertine's picture

I do pop in from time to time, just dont comment much

hi everybody!!

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thanatokephaloides's picture

@Lady Libertine

I do pop in from time to time, just dont comment much

hi everybody!!

Hey Lady Libertine!

Good to hear from you!!

Smile

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"US govt/military = bad. Russian govt/military = bad. Any politician wanting power = bad. Anyone wielding power = bad." --Shahryar

"All power corrupts absolutely!" -- thanatokephaloides

@Lady Libertine

from the snake pit. So glad to have you here too.

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"Religion is what keeps the poor from murdering the rich."--Napoleon

lunachickie's picture

Hi Lady! Thanks for stopping by--hope you are doing well (hugs) Smile

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lunachickie's picture

@Alligator Ed ...that's the first thing I thought of after I posted this. OMG, how freaking far down the rabbit hole have I fallen, that I'm such a craven cynic?

What really gets to me, though, is the idea that if I can even think it up enough to talk about it, some slimeball in Washington is way the fuck ahead of me in actually executing it. And you know these goons are not above such skullduggery. There is entirely too much for them to protect.

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thanatokephaloides's picture

@lunachickie

...that's the first thing I thought of after I posted this. OMG, how freaking far down the rabbit hole have I fallen, that I'm such a craven cynic?

You may well be a Cynic, but not a craven one. And it's because we've all fallen miles down this rabbit hole. (You'll please notice that Mr. Bugs Bunny wanted nothing to do with this particular hole, except maybe to send one Wile E. Coyote plummeting down it!)

Like the most famous Cynic in history -- Diogenes of Sinope -- you are seeking "The Honest Man", and failing to find any such creature in American public life. That doesn't make you craven; it places you securely among the Honest yourself.

Smile

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"US govt/military = bad. Russian govt/military = bad. Any politician wanting power = bad. Anyone wielding power = bad." --Shahryar

"All power corrupts absolutely!" -- thanatokephaloides

QMS's picture

@lunachickie who's zooming who?

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Centaurea's picture

There's no need to invent a new precedent. If Judge Zloch wants to dismiss the lawsuit, there is an existing precedent, which has already been used by the DNC (notably, when the Sanders campaign filed suit right before the Nevada state convention in an attempt to ward off the DNC shenanigans).

The existing precedent, which has been well-established nationwide for many years, holds that the judicial system will not intervene in internal political party affairs.

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"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
~Rumi

"If you want revolution, be it."
~Caitlin Johnstone

lunachickie's picture

@Centaurea why isn't it already dismissed, then? Because there is far more to this than "internal party affairs, maybe?

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Centaurea's picture

@lunachickie @lunachickie

The judge hasn't yet rendered his decision on the DNC's Motion to Dismiss. This precedent was one of many subjects discussed at the court hearing on the Motion. The hearing was held in late April, and Judge Zloch said it was going to take some time for him to consider all of the arguments and decide whether the case should proceed to the next stage. We're still waiting for him to issue his ruling.

(To note, assuming the case is not dismissed, the next stage is likely to be more procedural motions. This is complex litigation in federal court, and it will be a lengthy process to reach trial.)

Edited to add: I'm hopeful that the fact the judge is taking his time is a good sign (for us). In his remarks during the hearing and his questions to the lawyers, he seemed to indicate an understanding of the potential significance of the case. Jared Beck (plaintiffs' lawyer) argued that the existing precedent does not apply because fraud is involved. So we shall see what the judge does with it.

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"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
~Rumi

"If you want revolution, be it."
~Caitlin Johnstone

lunachickie's picture

argument, @Centaurea

Jared Beck (plaintiffs' lawyer) argued that the existing precedent does not apply because fraud is involved.

Fraud and probably even worse than that....

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Creosote.'s picture

Your forthright directness at ToP always helped me see more clearly. So cheered by your arrival!

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Raggedy Ann's picture

Good to read you again! Pleasantry

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"The “jumpers” reminded us that one day we will all face only one choice and that is how we will die, not how we will live." Chris Hedges on 9/11

Citizen Of Earth's picture

It sounds plausible. And if I've learned anything in the last decade, it's that betting against pols being crooked and corrupt is usually a losing bet.

Good to see you again lunachickie. I too got worn out by the election and don't do a lot of political blogging since. Been spending more time on my hobby website which has been refreshing for the mind.

Trump has delivered on all of my expectations of him. Cudos to him for exposing his true personality to the american public. Sadly he has the personality of a Flaming Asshole. Hahaha.

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Donnie The #ShitHole Douchebag. Fake Friend to the Working Class. Real Asshole.

lunachickie's picture

@Citizen Of Earth that is an apt description. It was very trying, even for this old salt, which makes me wonder if some others gave up altogether?

That's part of it too, right? Get us so wound up we can't think straight or else wear us down until we shut up, already? I completely understand why people "drop out" of the whole process of "politics".

And that, obviously, applies to myself, too. I think my breaking point was (and continues to be) my ability to use the words "President" and "Donald Trump" back to back, in everyday conversation. In my wildest dreams, I would have never seen it coming, that I'd be able to say such a thing in my lifetime. Holy JC on a cracker, that shit took my breath away, the day after Election Day, when Her Heinous LOST. Still does, especially since anyone even half-paying attention called it back then that she was gonna lose...

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@lunachickie

And thank FSM she did lose! As bad as Trump is, his very lunacy is at least less effective than the Mad Bomber's at getting Mutual Assured Destruction done, doubtless on Her first day; perhaps in that shipboard fireworks display Her had planned, in celebration of Her Royal Coronation.

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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.