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In reply to the discussion: Florida judge dismisses fraud lawsuit against DNC [View all]Jim Lane
(11,175 posts)96. Yet again you're confusing two different issues.
Issue (1): Did these plaintiffs rely on the DNC's representations in making their donations?
Issue (2): Assuming for the sake of the argument that these plaintiffs did rely, is the DNC nevertheless entitled to have the case dismissed anyway, because it can make false statements to the public with impunity?
The DNC argued both these points. The judge specifically disagreed with the DNC on issue (2):
For their part, the DNC
and Wasserman Schultz have characterized the DNC charters promise
of impartiality and evenhandedness as a mere political
promisepolitical rhetoric that is not enforceable in federal
courts. The Court does not accept this trivialization of the DNCs
governing principles. While it may be true in the abstract that
the DNC has the right to have its delegates go into back rooms
like they used to and smoke cigars and pick the candidate that
way, DE 54, at 36:22-24, the DNC, through its charter, has
committed itself to a higher principle.
and Wasserman Schultz have characterized the DNC charters promise
of impartiality and evenhandedness as a mere political
promisepolitical rhetoric that is not enforceable in federal
courts. The Court does not accept this trivialization of the DNCs
governing principles. While it may be true in the abstract that
the DNC has the right to have its delegates go into back rooms
like they used to and smoke cigars and pick the candidate that
way, DE 54, at 36:22-24, the DNC, through its charter, has
committed itself to a higher principle.
(Decision, pages 15-16)
I was responding to the contention by DemsRule86 in #24 that this defense by the DNC ended the case. It did not. It would have ended the case if the judge had accepted it, but he did not.
What actually ended the case was that, on issue (1), the plaintiffs had the burden of alleging and then proving reliance, and the allegations in their complaint did not sufficiently allege it.
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The lawsuit was ridiculous, as is the claim that the DNC somehow rigged the primaries. (eom)
StevieM
Aug 2017
#4
Just curious, what is your understanding of the meaning of the term "evidence"? (n/t)
Jim Lane
Aug 2017
#38
Just curious, what is YOUR understanding of the meaning of the term "evidence"? (n/t)
Jim Lane
Aug 2017
#46
As I said in another post, I haven't paid any attention to the motion for protection.
Jim Lane
Aug 2017
#91
You don't want to see the motion. I get it. Would make it pretty hard for you to defend them
ehrnst
Aug 2017
#99
This poster has not read the pleadings or the DC statute he is trying to discuss
Gothmog
Aug 2017
#73
"Not one of them alleges that they ever read the DNCs charter or heard the statements they now
ehrnst
Aug 2017
#52
I would vote for Bernie if he was the nominee in 20...but honestly I don't care for him.
Demsrule86
Aug 2017
#23
The bank thing could not happen and that is part of it. No doubt we need regulation but
Demsrule86
Aug 2017
#87
I read it...and expected it to be rejected without regard to merit as it never should have been
Demsrule86
Aug 2017
#30
Thanks ehrnst...I can't believe some who claim to be Democrats wasted the DNC money
Demsrule86
Aug 2017
#42
Yes, I understand that breach of fiduciary duty was one claim against the DNC.
Jim Lane
Aug 2017
#108
The DNC is not responsible for the outcome of 2016 no matter how many wish it was so...
Demsrule86
Aug 2017
#88
The are accused of being all powerful, and at the same time inept and out of touch.
ehrnst
Aug 2017
#89
Those plantiffs didn't even read the DNC charter that they claimed to be deceived/defrauded by.
ehrnst
Aug 2017
#80
Whatever ends an expensive, frivolous, pointless lawsuit earlier is sometimes what you have to do.
ehrnst
Aug 2017
#50
Facts are needed: Court Concedes DNC Had the Right to Rig Primaries Against Sanders.
elleng
Aug 2017
#111