DNC's response to Sanders Donors' Class Action Suit will leave you Gobsmacked
2 Class action lawsuits were filed after the 2016 Democratic Primary alleging the DNC was not impartial. This week, the DNC responded to one of the suits.
**BEVERAGE ALERT** Put down your coffee
Predictably, the DNC is seeking to dismiss the suit as without merit. And their rationale is that all of Bernie Sanders' supporters knew the DNC was biased toward Clinton and they donated anyways! We should have known the revolution was for suckers!
http://lawnewz.com/high-profile/dnc-files-scathing-rebuttal-wants-fraud-...
Ever sign a petition questioning DWS about the scheduling of the debates? There ya go, that's proof that any subsequent donation to Sanders was made with full knowledge that it would not be going toward a winning campaign.
The Defendants give a few examples of people who blogged about DNC bias and then donated to the campaign (glad I never got around to joining the suit, lest my name get plastered all over this news cycle). They follow with this:
This sample demonstrates that, aside from not being actionable, Plaintiffs’ theory that donors relied upon Defendants’ statements about neutrality to make donations they would not have otherwise made is not plausible.
In other words, clearly the DNC was lying when they claimed they were neutral, and everyone should have known it.
It actually sets a brilliant precedent. Call it "The DNC Principle." I think it can be solidly applied to Clinton's statements about the TPP. Clearly she is lying when she says she won't sign it, and anyone who thinks otherwise and still supports her is a rube. Don't come whining after she signs it.
EDIT:
What gets me is they're losing the election, Bernie's supporters have been reluctant to migrate toward Hillary citing hard feelings from the Primary, and what does the DNC do? The. Absolute. Worst. Thing. They. Could. Do.
The suit won't get settled until God knows when. They could have gone with "we were impartial" and despite the clear evidence to the contrary it would have gone over better than the actual freaking admission they've found for an excuse.
Sure, reparations could total $250 Million, but isn't that just a drop in the bucket when it comes to a presidential election? Wouldn't that be worth the goodwill it could create if it meant winning the election?
But they obviously don't give a damn about goodwill. And yet, they think we'll still vote Democratic. It's the Epitome of Cognitive Dissonance.
Comments
LOL!!!
The DNC might think that's a cute ploy, but I'd think the judge might see things somewhat differently. Can't wait to hear what the judge decides on this one.
I think we are witnessing the one of the final nails in the coffin for the democratic party. Democrats need a new mission statement. "Yeah, we're corrupt! But not as corrupt as the other guys!"
“Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we.”
George W. Bush
They don't even bother pretending anymore
Well, I may have been your financial adviser, and I may have stolen all your money. But you knew my industry was crooked and even asked me about it once, so you obviously knew I was cheating you. But you gave me your money anyway, so it was mine.
Please help support caucus99percent!
Yup, this sounds like a
Yup, this sounds like a psychopaths reasoning and excuse-list:
You knew that we were biased and still donated to your candidate - you should have known that we were lying and that it was not merely biased but completely rigged, so it's your own fault that you were defrauded and the case should be chucked - and you have no proof (apart from a stack of it) that our epic cheating affected the nomination results - so the case should be thrown out.
In any event, it's OK for us to say you have a choice in your nominee when we won't allow you one and let you donate to what we pretend is a nomination race when it isn't, since we're a private party and can tell you who you're allowed to have as a Presidential non-choice. Because we've decided that the pretend-democracy we once allowed you should be thrown out for direct corporate/billionaire rule.
They are, indeed, done pretending - in most areas.
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.
Indeed
Unless the judge is a Hillary-ite, the DNC lawyers just proved Bernie's case for him. Should be a slam dunk at this point. Good.
They should have done the other thing...
"Good Democrats" seem to do these days...
Decline to answer under the 5th amendment...
I'm the only person standing between Richard Nixon and the White House."
~John F. Kennedy~
Economic: -9.13, Social: -7.28,
Thinking about this a little more...
I suspect there is another email dump(coming from the Russian's no doubt) that is going to have some pretty serious proof that the DNC was rigging this election. This is probably the DNC trying to get ahead of what ever news we'll be hearing very soon!!
“Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we.”
George W. Bush
I’m floored by this news.
This seems to me the epitome of the insanity, that is so sadly a reflection of america. I mean, how must these lawyers and people think? I really don’t get it, and probably never will. How do you ever deal with that kind of stuff?
There's a big problem with this ploy
There's a big problem with this ploy by the DNC, and it's the fact that the Democratic Party's own governing documents (Charter and By-Laws) specifically require the party to conduct the Presidential nominating process in an impartial and evenhanded manner. What they're arguing essentially is that Sanders supporters knew that the DNC was violating their own Charter, so therefore we have no right to complain that we and our candidate were harmed by their doing so. Talk about a failure of logic.
From the Democratic Party Charter, Article Five, "National Chairperson":
Note that Section 4 refers to the duties of the Chairperson, who during the primary was Debbie Wasserman Schulz. An interesting argument she is making, indeed: "They knew I was violating my duties as Chairperson by rigging the primary in favor of Clinton, so if they went ahead and donated to her opponent anyway, too bad. Sanders supporters had a choice. They could have just given up the way we wanted them to. It's their own fault they didn't."
From the Democratic Party Charter, Article Nine "General Provisions":
Democratic Party Charter and By-Laws
"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
With all the laws governing everything,
you wonder how this degree of lawlessness can survive. All we can hope for is enough sanity to defer the inevitable.
I keep thinking
I keep thinking that at some point there has to be an end to the insanity, one way or another (the latter covers a lot of territory, though.) It's not just laws that have become effectively meaningless, but written contractual obligations, as well. Simple example, you open a bank account, under certain terms and conditions written by the bank, in their favor, of course. At any time, the bank can (and regularly does) change those terms and conditions. If you don't like the new terms, your only recourse is to close the account and find another bank. If all of the banks are changing their terms and conditions in the same manner, too bad.
"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
Good point
It makes me think how many people take too little or no responsibility for their actions. Sad.
Oh, you saw that.
For a culture like ours, that's basically the end of civilization. everything is based on contracts.
"More for Gore or the son of a drug lord--None of the above, fuck it, cut the cord."
--Zack de la Rocha
"I tell you I'll have nothing to do with the place...The roof of that hall is made of bones."
-- Fiver
Some Economist Said That
It escapes me now, but some economist once said basically the same thing, that our civilization and economic system is based on mutual trust, the same principle that is necessary when forming contracts.
“He may not have gotten the words out but the thoughts were great.”
The social contract
What this means is that our underlying social contract, without which society devolves into chaos, is failing.
"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
... janis, janis -- you gots to remember the "Golden Rule" --
"The guy with the gold makes the rules."
End of story.
When Cicero had finished speaking, the people said “How well he spoke”.
When Demosthenes had finished speaking, the people said “Let us march”.
Then I think,
they should change the rules ; ).
Seems they are admitting to fraud of some sort
Of course, I'm sure if Obama's FBI and DOJ were to investigate they would say there was no intent to favor Hillary, it just happened and no one could have known!
“Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we.”
George W. Bush
LOL, good one!
Even though the DNC just stated that there was intent to throw the election.
This needs to be posted on DK.
We were ridiculed by every one from Markos down to the old time member and the new members that flooded the site which every one of them happened to be a Hillary supporter.
I don't know what to think of this comment, but does anyone know if Bernie gave the money he got to the DNC? I thought that he still hasn't released his delegates or his email list yet.,
I'm not ready to get banned yet
but someone should post this over there! Their heads would explode and claim it was all made up by Russians, or squirrels! That, or this is just a made up news story by right wing sites. I'll add it to the list of things I'll bring up over there when Hillary loses in November!
“Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we.”
George W. Bush
I am still NR OT, but will be happy to neener-neener in Nov.
Those of us refugees who can still post there should do a group Told ya So.
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.
As much as I would love to do
As much as I would love to do that, it would be lost on them. They're too far gone. That, and despite the fact that I won't be voting for Hillary, I can't cheer a Trump win. We're just f*cked this election.
Be Happy To
However I have been banned. Takes so little nowadays. Posting this news might also come with a Hit contract.
Exactly
The wording of their defense indicates malice aforethought to commit fraud. How fuckin' stupid can they get?
"I can't understand why people are frightened of new ideas. I'm frightened of the old ones."
John Cage
Now, why would you want to bring things like facts
facts and documents into this?
Clearly, the DNC is going for the comedy/shock value angle. Would you have quoted documents to Lenny Bruce and Jim Morrison?
Cheez. Some people. (sniffs scoffingly)
Darn pesky facts
Who cares about 'em anyway?
"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
OMG, lawless at the top (top not TOP, but...)
I would pack the car including dog and move to Canada except for having nothing at my cottage in Canada, including running water, a connected septic system, a certificate of occupancy and a $400K lawsuit against the contractor. Crap is my favorite word for the day, and it's crappy Saturday now.
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.
Hey, river ...
Don't crap out now. Hitch a ride with your son to rainy NZ, or wait for February and guaranteed sun : ).
moving to canada
can one just do that, i.e. move to canada?
i remember reading something about it not being so easy for citizens of the usa to move to canada, intending to reside there
No not possible for anyone over 55 w/o mucho self-funding.
--Hoe;s that? I am French/English bilingual, might have been possible earlier. Some communities in the Maritimes may be granting citizen rights, and jobs. Look around.
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.
It's Official
I am now unsurpriseable. Don't know if it's a word, or if it is how to spell it, but I know what I know, and I'm now officially unsurpriseable.
Never thought anyone could be that stupid. Beyond hubris.
President Trump. Couldn't be worse.
President Hillary would be worse.
Most of us have been stripped of any hubris we ever got.
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.
Agree
I meant to say, Shrillary would be worse...
can not imagine how anyone could vote for them ( both of them) Phlemgy Billy, and Sick Shrillary.
Laughing now at how she wants a step-stool so she doesn't look as much like a toadstool.
http://www.dailymail.co.uk/news/article-3804438/Short-Hillary-wanted-deb...
If only she'd stop wearing those long, almost knee length coats, she wouldn't look as strange as she does.
Admission of guilt doesn't seem very wise.
Gëzuar!!
from a reasonably stable genius.
Could someone provide a link to the complete legal brief.
I found the plaintiff's brief in .PDF format. I would like to capture the copy of the defendant's responding brief.
Exactly
We can view the complaint: CASE NO. 16-cv-61511-WJZ
Can anyone find the actual response, not the crummy Lawnewz article?
Because Lawnewz writes" "However, in a motion to dismiss the lawsuit filed this week, attorneys with the DNC fired back. They believe ..." Anything after "they believe" is the Lawnewz author's interpretation ... which is worthless.
All of the pleadings filed in
All of the pleadings filed in the Wilding v. DNC lawsuit may be found here: http://jampac.us/dnclawsuit/ The Defendants' Motion to Dismiss, filed on Sept. 21, is document no. 44.
I just downloaded and read through it. (I'm typing this on a smartphone, so this isn't going to be a lengthy analysis, which you probably wouldn't want to read anyway). Be aware that I'm just summarizing some of what the DNC lawyers are arguing in the motion to dismiss. I'm not necessarily agreeing with their arguments.
To start with, it looks like they're asserting that organizations, political or otherwise, have few legal obligations toward donors, and that merely donating money does not give the people the right ("legal standing") to sue the organization. Otherwise, donors everywhere would constantly be suing organizations for anything and everything, and we simply can't have that sort of thing going on.
They're also asserting that plaintiffs haven't alleged any proveable injury, because " 'Political injury'? Huh? What a silly notion!" And that, even if there was injury, there's no way the plaintiffs could prove DNC did anything to cause it.
With respect to what this diary is about (the allegations of fraud based on DNC bias in the presidential nominating process), DNC is arguing that the presence or absence of bias is no one's business but their own, and that they owe no one the duty to be unbiased. They say their Charter constitutes merely the voluntarily-made "internal rules" of a political party, and as such, no one can sue them for failure to be unbiased, because there is no law that says a private organization has to abide by its Charter. Plus, the courts have a "hands-off" policy about not intervening in internal political party conflicts. (For an example of this in action, recall the court in Nevada refusing to intervene with what the NV Dems were doing in the lead-up uo the state convention.)
The DNC pooh-poohs the idea that they were biased, but says that even if they were biased, some of the plaintiffs publicly wrote about the DNC's bias before those plaintiffs contributed to the Sanders campaign, so where's the fraud? All the plaintiffs had to do was not contribute to Sanders. (I wrote something likge that in my earlier comment upthread, in attempt to mock the DNC's absurdity, but lo and behold, yes, turns out that's exactly what the DNC's stated position is.)
"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
Well, they've come out and
Well, they've come out and clearly stated that anyone who donates to the DNC is a sucker waiting to be defrauded; that they will lie and cheat; that they'll produce results according to whatever their big donors want against virtually every informed voter/small donor's desires and interests - so do not trust or donate to them unless you want to be taken advantage of. SUC-KERSSSSS!
This is evidently the last fake election that will be run, if any corporate/TPP supporting candidate gets in (leaving a Bernie miracle or Jill as the only survivable choices) probably because legislation is about to be outsourced offshore anyway, for corporate/billionaire power and gain only.
It's indicative of a feeling not merely that they don't need voters because they can make their own votes again, but that the voters are nothing but disposable chattels deserving of contempt even as they are used. (Much as they themselves will be served, in turn.)
This seems especially obvious when taken in conjunction with the multiple additional unauthorized charges recently stolen from small-time Hillary supporters, possibly so that her number of donors looks very high in current FEC records pre-election, as it now does due to this, even though many may be refunded where complaints were made, and so that Hillary's time spent at big-money fundraisers rather than campaigning doesn't result in a low number of donors, showing, also, perhaps too low for legality, since campaign finance and other 'rules and laws do not apply to the Clintons' but the optics for that still matter pre-election, with so many grimy Clinton crimes showing already.
In any event, DNC staff have evidenced no problem feeling contempt even for their own large donors, as demonstrated in released/leaked emails, and absolutely no problem publicly showing it for the American electorate, even for their own small donors, to the point of blatantly stealing from them, never mind cheating them of any choice as to Presidential candidates, even stating that they did not need Bernie supporters votes, albeit still demanding fealty, and generally ensuring that a high level of the population would never vote Dem again, even if further elections are held.
This indicates to me that all pretense is likely done as soon as Her Royal Coronation takes place, if not as soon as President Obama hands domestic law over to the New Corporate Empire with the TPP. But it seems that that's to be done in November, as soon as the corporate candidate has been named the lucky winner of the job of corporate manager of the North American corporate Assets, while they have need of her and/or while those human and other corporate assets survive unlimited corporate abuses. So I'm betting on then.
But this needs to be viral, if we don't wish to be factory-farmed to death in the interest of maximized corporate profits, with no protections at all, in any area.
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.
asdf
because there is no law that says a private organization has to abide by its Charter.
OK, so, a charter is legally meaningless, then?
"More for Gore or the son of a drug lord--None of the above, fuck it, cut the cord."
--Zack de la Rocha
"I tell you I'll have nothing to do with the place...The roof of that hall is made of bones."
-- Fiver
"This sample demonstrates . . ."
The "This sample demonstrates" is, I think, referring to the named list of plaintiffs. This is a classic debate tactic, divorce the sample from the target population and the argument fails. I would like to see what the judge is reviewing in this case. If it is done "properly" the judge is primarily examining stacks of paper provided by parties with standing. The opinions expressed by of those of us that have no standing in the action are of zero interest to the process.
I am not a lawyer, I just play one in real life.
This could provide for interesting defenses.
Armed robber: "He saw I had a gun so he knew I was a robber. But he gave me his wallet anyway."
Murderer: "I told him, 'I'm gonna kill you', but he still let me kill him."
Burglar: "They knew if they left home there was a chance someone would break in, but they left home irregardless."
DNC: "Everyone knows we're corrupt as hell, but the idiots keep giving money to Democrats."
I interpret their remarks differently
I think they said something like:
A lot of wanderers in the U.S. political desert recognize that all the duopoly has to offer is a choice of mirages. Come, let us trudge towards empty expanse of sand #1, littered with the bleached bones of Deaniacs and Hope and Changers.
-- lotlizard
Yep.
I'm a lawyer and I've written a sentence of that form more often than I'd like to admit.
The thing is, we didn't "know" until the email dump
And, we were called CT loons if we brought it up, because that was what the bots were instructed to call us by the manipulators and crooks themselves.
Plus, I, for one, didn't donate again after they stopped the exit polls.
Screw the DNC - lying, conniving, crooked bastards, the lot!
Exodus to the Green Party possible
If the rank and file members of the Democratic Party learn how corrupt and Machiavellian the DNC really is, their reactions may include cessation of funding the DNC and leaving the Democratic Party. Some of those disgusted former Democrats will find a new home in the Green Party.
Be a Friend of the Earth, cherish it and protect it.
From your lips to FSM's
From your lips to FSM's cauliflower side-dish ears!
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.
Wait a minute.
Isn't this caveat emptor?
"More for Gore or the son of a drug lord--None of the above, fuck it, cut the cord."
--Zack de la Rocha
"I tell you I'll have nothing to do with the place...The roof of that hall is made of bones."
-- Fiver