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pnwmom

(108,990 posts)
Sat Apr 21, 2018, 07:19 AM Apr 2018

Laurence Tribe on DNC lawsuit: It's NOT a sham.




This suit is well-grounded jurisdictionally and legally and puts a high-powered piece on the 4-dimensional chessboard that can cause Trump’s circle endless trouble (through discovery and otherwise) after criminal proceedings have been completed.


https://www.washingtonpost.com/politics/democratic-party-files-lawsuit-alleging-russia-the-trump-campaign-and-wikileaks-conspired-to-disrupt-the-2016-campaign/2018/04/20/befe8364-4418-11e8-8569-26fda6b404c7_story.html?utm_term=.64d9a05ffd68

The Democratic National Committee filed a multimillion-dollar lawsuit Friday against the Russian government, the Trump campaign and the WikiLeaks organization alleging a far-reaching conspiracy to disrupt the 2016 campaign and tilt the election to Donald Trump.

The complaint, filed in federal district court in Manhattan, alleges that top Trump campaign officials conspired with the Russian government and its military spy agency to hurt Democratic presidential nominee Hillary Clinton and help Trump by hacking the computer networks of the Democratic Party and disseminating stolen material found there.

“During the 2016 presidential campaign, Russia launched an all-out assault on our democracy, and it found a willing and active partner in Donald Trump’s campaign,” DNC Chairman Tom Perez said in a statement.

“This constituted an act of unprecedented treachery: the campaign of a nominee for President of the United States in league with a hostile foreign power to bolster its own chance to win the presidency,” he said.

SNIP
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Laurence Tribe on DNC lawsuit: It's NOT a sham. (Original Post) pnwmom Apr 2018 OP
It's effing malaise Apr 2018 #1
Best Adjective Roy Rolling Apr 2018 #5
+1,000 malaise Apr 2018 #18
1972 redux. DemoTex Apr 2018 #13
+1,000 malaise Apr 2018 #17
Yes. I didn't remember that Watergate was kick-started Hortensis Apr 2018 #14
In hindsight, that was malaise Apr 2018 #16
Yes! They are on the wrong side of history, Hortensis Apr 2018 #20
Remember now the break in to the DNC back then was proven malaise Apr 2018 #21
You're right. That was far simpler, and we did have proof Hortensis Apr 2018 #22
Someone should have told Comey malaise Apr 2018 #23
Comey is too good, too ethical, to understand what is unethical. Hortensis Apr 2018 #24
I did not remember that either. Once again, Rachel is doing sterling service in educating the public Hekate Apr 2018 #29
Mindboggling. There is no moral bottom for them Hortensis Apr 2018 #30
I am glad I watched Rachael last night since it clarified the issue for me. BigmanPigman Apr 2018 #32
Perez has impressed me big time malaise Apr 2018 #33
Excellent news gademocrat7 Apr 2018 #2
Does this prevent the litigants (GOP) from defending themselves in the media? Deb Apr 2018 #3
If I was a GOP rep, I'd certainly see this as an easy way to avoid answering anything! 7962 Apr 2018 #9
No jberryhill Apr 2018 #27
Thanks! And law partners would be the reasonable members. Deb Apr 2018 #28
The Stormy Daniels case is unusual in that the defendant is a controversial Sophia4 Apr 2018 #36
they have 1500 radio stations defending them in advance certainot Apr 2018 #37
I agree with Tribe Gothmog Apr 2018 #4
Yes, and this snippet from the DNC says just what I figured on why it Cha Apr 2018 #39
This suit should survive various motions to dismiss including frivolous litigation. no_hypocrisy Apr 2018 #6
Prof. Tribe is correct. Those who characterize the suit as "frivolous", etc. are Atticus Apr 2018 #7
DNC sued RNC after Watergate & was paid $750,000 (1974 dollars) the day Nixon resigned. . . nt Bernardo de La Paz Apr 2018 #8
K&R mcar Apr 2018 #10
Finally !! A serious aggressive attack against Trump and co-conspirators. usaf-vet Apr 2018 #11
We will see Sherman A1 Apr 2018 #12
Kick dalton99a Apr 2018 #15
K&R smirkymonkey Apr 2018 #19
All in for that. triron Apr 2018 #25
This administration is doing all it can to alleviate the spooky3 Apr 2018 #26
That's right.. thank you, Lawrence Tribe! Cha Apr 2018 #31
The noose tightens. Honeycombe8 Apr 2018 #34
Per LT's tweet..."after criminal proceedings..." BobTheSubgenius Apr 2018 #35
Yes! "Any number of useful bits of information could come from discovery." Cha Apr 2018 #40
KICK! Cha Apr 2018 #38
I wish we'd done this in 2004. ucrdem Apr 2018 #41

Roy Rolling

(6,928 posts)
5. Best Adjective
Sat Apr 21, 2018, 08:02 AM
Apr 2018

Brilliant. When the GOP hopes to turn the fire off after the Mueller investigation, this lawsuit keeps the issue on a slow boil. Nevertheless, they persisted.

Hortensis

(58,785 posts)
14. Yes. I didn't remember that Watergate was kick-started
Sat Apr 21, 2018, 10:30 AM
Apr 2018

with a civil suit by the DNC. I wish everyone in America could see the network news's initial groupthink reports dismissing that as a shabby maneuver by Democrats to get money. The civil suit's revelations forced them to abandon their disgraceful slandering of our party and face up to and report the truth about the Republican administration.

malaise

(269,157 posts)
16. In hindsight, that was
Sat Apr 21, 2018, 10:42 AM
Apr 2018

hilarious. I am so proud of Dems.
What some folks don't see is that the ReTHUG leakers are planning all sorts of hearings about leaks as their campaign strategy.

Go Dems! Yet again history will be on their side.

Hortensis

(58,785 posts)
20. Yes! They are on the wrong side of history,
Sat Apr 21, 2018, 10:51 AM
Apr 2018

and once again that's going to bite their asses bad.

I'm very excited about this civil suit. As someone was pointing out, civil suits do not require the same ironclad level of proof that DOJ prosecutions do, and no doubt all evidence can and will be disclosed to the public as it proceeds.

Since a civil suit is now obviously a major weapon we've held from the beginning, I'd like to hear details of the strategy of holding it back initially and then deploying it at this point. Probably a special investigator was more doable from the beginning and we pushed that direction first, but there's always so much behind these decisions that we aren't aware of.

malaise

(269,157 posts)
21. Remember now the break in to the DNC back then was proven
Sat Apr 21, 2018, 10:59 AM
Apr 2018

and smart heads knew it would lead all the way back to Nixon and thus filed suit. The cyber break ins have taken a little longer to prove and now Dems have pounced.

One more thing - while most were ignoring the civil suit, Nixon won that 72 election, but over time that suit helped bring down crooked Nixon. Have no fear, ReTHUGs and their Con-in-Chief are correctly very nervous about this suit.

Hortensis

(58,785 posts)
22. You're right. That was far simpler, and we did have proof
Sat Apr 21, 2018, 11:09 AM
Apr 2018

right up front. And it was just as available to congress and our fourth estate.

Oh yes about the civil proceeding only proceeding past the election. I just looked and the break-in was June 12, 1972. I haven't gone and read about this, obviously, and didn't remember that congress and the DOJ hadn't even begun involvement until after Nixon was reelected.

Also, there were RULES and ETHICS governing DOJ actions that could influence elections (just as there were in 2016, even if they were severely violated). So take August, September and October right off the table for any public announcement that an investigation was being opened.

Hortensis

(58,785 posts)
24. Comey is too good, too ethical, to understand what is unethical.
Sat Apr 21, 2018, 11:15 AM
Apr 2018

Who can doubt "Mr. You know, I just don't know/wasn't aware/probably should have realized" did his best to understand?

Hekate

(90,774 posts)
29. I did not remember that either. Once again, Rachel is doing sterling service in educating the public
Sat Apr 21, 2018, 04:45 PM
Apr 2018

The entire GOP is so corrupt it boggles the mind.

Hortensis

(58,785 posts)
30. Mindboggling. There is no moral bottom for them
Sat Apr 21, 2018, 04:49 PM
Apr 2018

to hit.

I loved Rachel's segment for also giving corrupt and intellectually dishonest media their own due.

BigmanPigman

(51,625 posts)
32. I am glad I watched Rachael last night since it clarified the issue for me.
Sat Apr 21, 2018, 06:59 PM
Apr 2018

I thought it was bogus until she explained how it was used during Watergate and that helped me understand it a lot more. Tom Perez knows what he is doing apparently.

Deb

(3,742 posts)
3. Does this prevent the litigants (GOP) from defending themselves in the media?
Sat Apr 21, 2018, 07:50 AM
Apr 2018

It often seems a party to a lawsuit refuses answering questions from reporters.

 

7962

(11,841 posts)
9. If I was a GOP rep, I'd certainly see this as an easy way to avoid answering anything!
Sat Apr 21, 2018, 08:50 AM
Apr 2018

Anything trump related anyway.

 

jberryhill

(62,444 posts)
27. No
Sat Apr 21, 2018, 11:38 AM
Apr 2018

Most litigation is not a mixture of law and politics and, aside from which, the GOP is not a defendant. The Trump campaign, on the other hand, is a defendant.

As a general proposition, in normal litigation, it is inadvisable to say anything about a legal proceeding in which you are a party. There are a LOT of reasons for that. Likewise, it is inadvisable for a lawyer in a matter to use your case as a vehicle for self-promotion or media attention.

You want to really blow your mind? This, believe it or not, is an actual rule for lawyers in California:

http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Current-Rules/Rule-5-120

...and before you think that rule only applies in criminal matters, consider this subsection:

" ( 7 ) in a criminal case, in addition to subparagraphs (1) through (6):"

In other words, that rule is, hypothetically I guess, supposed to apply to any matter under litigation.

The loophole wide enough to drive an Avenatti sports car through, appears to be:


(C) Notwithstanding paragraph (A), a member may make a statement that a reasonable member would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the member or the member's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.


As the primary condition is what "a reasonable member" would believe which, in this context, means "California lawyers", one might conclude that the rule is entirely consumed by the exception there. It is virtually an oxymoron.

Deb

(3,742 posts)
28. Thanks! And law partners would be the reasonable members.
Sat Apr 21, 2018, 01:06 PM
Apr 2018

You've given me a direction to start a google search.

 

Sophia4

(3,515 posts)
36. The Stormy Daniels case is unusual in that the defendant is a controversial
Sat Apr 21, 2018, 11:19 PM
Apr 2018

but well known individual. Maybe that is why Avenatti is appearing on television so much.

 

certainot

(9,090 posts)
37. they have 1500 radio stations defending them in advance
Sun Apr 22, 2018, 12:18 AM
Apr 2018

when it comes to the gop the media includes 1200 radio stations going 15 hrs/day to blame democrats and now the 'deep state' for everything - it's all a conspiracy to destroy american democracy

if 1hr was worth $1000 then those 1200 radio stations are worth $5bil/yr or $18mil/day

dedicated to obstructing investigations, intimidating witnesses, and influencing juries

Cha

(297,532 posts)
39. Yes, and this snippet from the DNC says just what I figured on why it
Sun Apr 22, 2018, 02:29 AM
Apr 2018

hasn't happened until now..

We’re suing the Trump campaign and Russia.

Now, putting together a lawsuit like this, with all the proper documentation, has taken some time. That’s why we’re filing it today, both to seek justice and to deter further attacks on our democracy.

Much more..
https://medium.com/TheDemocrats/were-suing-the-trump-campaign-and-russia-72a6b76067e6

Atticus

(15,124 posts)
7. Prof. Tribe is correct. Those who characterize the suit as "frivolous", etc. are
Sat Apr 21, 2018, 08:24 AM
Apr 2018

"whistling past the graveyard".

usaf-vet

(6,196 posts)
11. Finally !! A serious aggressive attack against Trump and co-conspirators.
Sat Apr 21, 2018, 08:58 AM
Apr 2018

I waiting for the time when we drag the GOP into an alley with paramedics on stand-by. But until that happens this will do.

The filing can tell the country what Trump and his cabal have been up to.

Each time a new piece of evidence shows up amend the lawsuit.

Sherman A1

(38,958 posts)
12. We will see
Sat Apr 21, 2018, 10:18 AM
Apr 2018

A lawsuit takes years and can have all sorts of twists and turns, some not to the liking of either side.

Time will tell.

Honeycombe8

(37,648 posts)
34. The noose tightens.
Sat Apr 21, 2018, 10:16 PM
Apr 2018

No matter what happens, it gives me some pleasure that the con man in the W.H. is going through psychological turmoil over the events surrounding him and about which he can do nothing, except scream out "LIAR" in tweets. SAD.

BobTheSubgenius

(11,564 posts)
35. Per LT's tweet..."after criminal proceedings..."
Sat Apr 21, 2018, 10:34 PM
Apr 2018

I've been very much hoping that this lawsuit would add something substantial to the criminal proceedings, not follow them. Any number of useful bits of information could come from discovery.

ucrdem

(15,512 posts)
41. I wish we'd done this in 2004.
Sun Apr 22, 2018, 03:11 AM
Apr 2018

Instead Donna Brazille stepped out in front of the Ohio investigation and said nothing to see here, just the usual misunderstandings. Never mind that the report said otherwise, that's all it took to shut down that whole question for freaking 14 years! So hell yeah, it's about time to take legal action! I don't know what the heck Jackie Spier is thinking but she's on the way wrong side of this one.

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