RT: DNC Argues it had the Right to Rig 2016 Democratic Primary

If the Democratic Primary had elected Bernie Sanders as the party’s candidate, how different of a world would we live in today? Could Sanders have defeated Trump solidly? If Sanders had won the presidency, would there be a possibility of repeal of the Affordable Care Act, or would there be a move towards Single Payer? Economically, would we be faced with budget cuts that threaten our commons – our water, food, environment, public lands and benefit corporations? Was the Democratic National Committee correct in possibly “fixing” the Primary Election? In a lawsuit, the DNC has just admitted they have the right to choose their candidate in the “back rooms,” no matter who the voters voted for. What is the point of having a Primary Election then? Perhaps everything the people loose to corporations under Trump should be blamed on the DNC.  – Ann

RT: DNC argues it had the right to rig 2016 democratic primary

A lawsuit brought against the Democratic National Committee, and its former chair Debbie Wasserman Schultz, by Bernie Sanders donors has revealed the DNC believes its own rules of impartiality don’t apply, and they can pick whatever candidate they wish.

“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,” DNC’s lawyer Bruce Spiva told a Florida court.

THE SUIT

The class-action suit was filed in June 2016, and accuses the DNC and its former chair Debbie Wasserman Schultz of seven different violations, including fraud, negligent misrepresentation, unjust enrichment and negligence.

The suit has three different classes of plaintiffs – those who donated to the DNC, those who donated to the Bernie Sanders campaign and all members of the Democratic Party.

Donors made contributions to the DNC and the Bernie Sanders campaign with the understanding that the presidential primaries would be conducted in a fair manner, and are seeking damages for being misled.

DNC

The DNC nominates and confirms the Democratic Party’s presidential nominee, after arranging the state caucuses and primaries which determine who is eligible.

The DNC is governed by the Charter and Bylaws of the Democratic Party. The DNC chair should “exercise impartiality and evenhandedness as between the Presidential candidates and campaigns,” reads Article 5, Section 4 of the Charter.

REVELATIONS

 A South Florida court presided over by U.S. Federal Judge William J. Zloch heard the defendants argue a Motion to Dismiss last week, which revealed a number of surprising arguments made by the DNC’s lawyers.

The most shocking was the argument that, despite impartiality being part of both its charter and bylaws, the DNC is free to choose the nominee it wishes, and could “go into back rooms like they used to and smoke cigars and pick the candidate that way.”

The defendants’ lawyers also argued the suit is based on an “internal rule” which cannot be enforced, and that the term “impartial” can’t be defined.

“People paid money in reliance on the understanding that the primary elections for the Democratic nominee—nominating process in 2016 were fair and impartial,” the plaintiff’s lawyer Jared Beck said. “And that’s not just a bedrock assumption that we would assume just by virtue of the fact that we live in a democracy, and we assume that our elections are run in a fair and impartial manner.”

“But that’s what the Democratic National Committee’s own charter says. It says it in black and white.”

The defendants also argued the judge cannot determine how the Democratic Party carries out its nomination process, as that would “drag the Court right into the political squabbles.”

“So you are suggesting that this is just part of the business, so to speak, that it’s not unusual for, let’s say, the DNC, the RNC to take sides with respect to any particular candidate and to support that candidate over another?” Judge Zloch responded.

DNC lawyers also appeared unsure of what the committee’s role is, with Spiva saying he wasn’t sure whether the DNC funded primaries.

Judge Zloch will rule on the motion to dismiss, although a date has yet to be set. “I’ll be candid with you, that’s going to take some time,” the judge said. “The legal issues are complex.”

If the case isn’t dismissed, the suit will go to discovery stage, which would include depositions from Wasserman Schultz and others, before proceeding to trial. It is then that evidence from WikiLeaks, Guccifer and others will be presented.

 

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Posted by on May 4, 2017, With 1311 Reads Filed under Government & Politics. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

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6 Responses to "RT: DNC Argues it had the Right to Rig 2016 Democratic Primary"

  1. Dr. Abu-Bakr Susta  May 5, 2017 at 11:30 pm

    Good find, Ms. Diener. However, the issue is certainly not “complex.” Dummycrooks & Republithugs can do whatever they damned well please and choose to do. Both speak and act as if: “Voters Be Damned!”

    Trump won ‘cuz he was backed by Russian, Israeli & U.S. Kosher Nostra (not really Republithugs). Bernie lost Dummycrook primary ‘cuz he had no gangsters. Bankster- & big-corp.-dominated Dummycrooks tried to put Hillary into power; but they were no match for the Russian, Israeli & U.S. Kosher Nostra.

  2. Harry Haller  May 5, 2017 at 5:16 pm

    Presidents are selected, not elected. FDR

  3. joetv  May 5, 2017 at 10:40 am

    Citizens United opened the flood gate allowing massive amounts of money into the election system. The result is that every sitting congressman, every senator, every elected official owes their job not to the $2 bettor, but to the owner of the horse.
    Corruption is king. It’s good to be king. Now what can be done to undo “Citizens United”?

  4. JohnZ  May 5, 2017 at 8:06 am

    What the DNC did to Bernie Sanders is no different than what the GOP did to Ron Paul.
    Both of these political parties is corrupt and compromised. Both need to be expunged from the American political arena. They has remained past their sell by date. Time to toss the lot of them into the dumpster where they belong and start over.
    America is a joke. The government in Washington is nothing more than a criminal empire.

  5. paul becke  May 4, 2017 at 3:50 pm

    Honest US elections ? Just say, ‘No! They’re un-American.’ You know it makes sense.

  6. David Odell  May 4, 2017 at 10:14 am

    DNC stole it from Bernie, and Trump stole it again. The parties are a dead horse being dragged around by nostalgic greed. Presidents are selected, not elected, as are all in power down to the house level. Then they select the laws and judges. Then they select which resources in which countries to forcefully abscond with. At best our presidential elections are a shell game, and at worse, a completely private process that only lends the appearance of being a voters choice. We live in a state installed by the Vatican under the Doctrine of Discovery and the US corporation does not even have a legal claim on this land. It is the work of greedy zealots and barbaric theologians. Exceptionalism in it’s ugliest form.

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