General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWasserman Schultz, Democrats did not tilt 2016 primary in Clinton's favor, judicial panel rules
A three-judge panel of the 11th U.S. Circuit Court of Appeals rejected a lawsuit filed by some Democratic donors and Bernie Sanders supporters that alleged wrongdoing by the Democratic National Committee and former DNC Chairwoman Debbie Wasserman Schultz during the 2016 presidential primary process.
Boiled down, the lawsuit alleged that during the 2016 Democratic presidential primaries, the DNC and Ms. Wasserman Schultz improperly tipped the scales in favor of former Secretary of State Hillary Clinton, who was challenging Senator Sanders for the Democratic presidential nomination, the ruling said.
....................................................................
We are mindful that there are deep disagreements within [and outside] the Democratic Party about the DNCs alleged conduct during the 2016 primaries, said the 29-page ruling, written by Judge Adalberto Jordan and joined by Judge Britt Grant and Senior Judge Frank Hull. But federal courts can only adjudicate cognizable claims, and the complaint here fails on a number of jurisdictional and substantive grounds.
https://www.sun-sentinel.com/news/politics/fl-ne-nsf-sanders-clinton-wasserman-schultz-lawsuit-struck-down-20191028-s36qtwldjvhmjawzis7b6hi5ci-story.html
https://en.wikipedia.org/wiki/Adalberto_Jordan
https://en.wikipedia.org/wiki/Frank_M._Hull
https://en.wikipedia.org/wiki/Britt_Grant
wasupaloopa
(4,516 posts)folks breached the firewall between Hillary's supporters list and Bernie's. Of course it was an accident.
ehrnst
(32,640 posts)and I had never signed up for any communication from the campaign.
I am, however, a donor to the Democratic party starting in 2000.
Puzzling.
George II
(67,782 posts)tonedevil
(3,022 posts)but what you describe isn't attributable to how the data breach worked. Here is what the company NGP VAN says happened:
For a brief window, the voter data that is always searchable across campaigns in VoteBuilder included client scores it should not have, on a specific part of the VAN system. So for voters that a user already had access to, that user was able to search by and view (but not export or save or act on) some attributes that came from another campaign.
I don't know why you might have started getting emails from the Sanders campaign, but unless we are saying the company that has been managing the voter software for the DNC for several cycles is lying it isn't because of the breach.
The quote is pulled from this snopes article: https://www.snopes.com/fact-check/bernie-sanders-campaign-data-breach-controversy/
Mike Nelson
(9,970 posts)... the Democrats let Bernie Sanders run as a Democrat, and the "caucus" system favored him, so there was a balance to the system he said he did not like - not that it changed the outcome, even as a perception; Bernie enjoyed a popularity he never had during a long career. He did exceptionally well with a primary system and mood that was ready for him. Hillary got more votes, so she got to be the nominee. She found things that worked for her campaign, too.
ehrnst
(32,640 posts)to run as a Democrat.
And he was graciously allowed to.
NewJeffCT
(56,829 posts)was accused of rigging the process for Clinton over Obama and Edwards back in 2008 as well - however, Obama went out and won the nomination. Sanders could not do the same in 2016.
The Superdelegate system in place for 2016 was first used in the presidential campaign of 1992 - so, the Democrats managed to win in 1992, 1996, 2008 and 2012 and had controversial losses in 2000 and 2016 despite getting more popular votes and a very narrow loss in 2004.
Superdelegates came into being following the tumultuous 1968 campaign, but they were tweaked several times throughout the 70s and 80s until they settled on the 1992 system after the Dukakis embarrassment
Hortensis
(58,785 posts)power and illicitly overset the popular vote to give HIM the nomination. That still just blows me away, that Sanders would ask them to betray their duty to protect the will and interests of the Democratic voters they're sworn to serve.
That would have been betrayal of not just all 16+ million Democrats who voted, since we all believed our votes would decide, but also of the 31% of all Americans who identify Democrat, AND above all, of the democracy that is the birthright of all Americans and is currently weakened and in serious danger from attacks by enemies foreign and domestic.
peggysue2
(10,843 posts)But, I'm sure it won't among the zealot community. Just goes on and on and on.
ehrnst
(32,640 posts)betsuni
(25,667 posts)treestar
(82,383 posts)they will say to the panel: you are all part of this too!
ehrnst
(32,640 posts)Me.
(35,454 posts)Gothmog
(145,631 posts)Tommy_Carcetti
(43,209 posts)You piece of compromised shit.
George II
(67,782 posts)sheshe2
(83,940 posts)PunkinPi
(4,878 posts)I know she stumped for Hillary and was generally supportive, but why would she agree to this phrasing?
ehrnst
(32,640 posts)Let us know what she says.
PunkinPi
(4,878 posts)I haven't heard her recant that position. If she has, that's great and if she hasn't, I would hope she would in light of this decision. Just wondering why she would say that in the first place without any evidence. YMMV
ehrnst
(32,640 posts)Apparently at that time, she thought that Brazile's book was a reliable source of evidence.
Lots of people here did as well....
PunkinPi
(4,878 posts)Brazile said she found no evidence of the primary being rigged. It's too bad Senator Warren answered in the affirmative so quickly, which helped fuel that false narrative (three days between Senator Warren's interview video (11/2/17) and when Brazile said it wasn't rigged (11/5/17)).
We live, we learn (hopefully).
ehrnst
(32,640 posts)change her mind when new data become available.
I wish that basic leadership characteristic was possessed by more of the other candidates.
PunkinPi
(4,878 posts)George II
(67,782 posts)....so she really wasn't in a position to judge since all her knowledge was what going on other than what she read or was told second and third hand.
But it's all moot - it's been determined that there was no rigging so let's move on and win next November. I certainly hope that ALL of our candidates rally around our ultimate nominee and get him/her elected. NO seven week vacations this time around!!!!
PunkinPi
(4,878 posts)do hope all the other candidates support the eventual nominee.
W_HAMILTON
(7,875 posts)Scurrilous
(38,687 posts)Response to ehrnst (Original post)
Post removed
StevieM
(10,500 posts)Your claim is not beyond rational debate. And it isn't true.
The DNC did absolutely nothing to help her win, nor could they have if they had wanted to.
The emails you refer to, given to you by Vladimir Putin, show DNC officials talking about the fact that Hillary was going to be the nominee after that was already perfectly clear based on what the voters had done at the polls.
Bernie lost fair and square.
ismnotwasm
(42,014 posts)ehrnst
(32,640 posts)"But her emails!!!"
Perhaps you ignored this part:
complaint here fails on a number of jurisdictional and substantive grounds.
Crickets....
mcar
(42,388 posts)There are no facts established that there was "dirty/corrupt crap and shameful conduct."
The fact is that there was not dirty/corrupt crap. The idea that people who work for a political organization are not allowed to have druthers is completely ridiculous.
SlogginThroughIt
(1,977 posts)We really do not need to keep picking this scab.
obamanut2012
(26,154 posts)ehrnst
(32,640 posts)It's others on this thread...
sheshe2
(83,940 posts)If they want to string this out, they will be taking it to the Supreme Court.
They should be the ones that stop picking the scab.
SlogginThroughIt
(1,977 posts)I am saying that we as a party need to treat this with disregard and not let it keep hanging around.
ehrnst
(32,640 posts)Cha
(297,770 posts)and Delivered! It's a Done Deal.
MrsCoffee
(5,803 posts)Im pretty tired of that particular victim card. So many misrepresentations of the Democratic Party and the DNC all stoked up by one campaign.
Getting this out there nips that shit in the bud.
SMDH.
betsuni
(25,667 posts)In that religion it is necessary to believe.
uponit7771
(90,367 posts)mcar
(42,388 posts)Glad it's finally settled once and for all.
former9thward
(32,093 posts)The court said " there are just too many unknowns " The Court DID NOT rule that "Democrats did not tilt 2016 primary in Clinton's favor" as the headline states. They made no ruling on that. The ruling was made mainly on procedural grounds.
ehrnst
(32,640 posts)former9thward
(32,093 posts)Perhaps you will list where the court made rulings which agree with the headline...
ehrnst
(32,640 posts)https://cbs12.com/news/local/lawsuit-rejected-over-dnc-tilt-toward-clinton
former9thward
(32,093 posts)It doesn't.
ehrnst
(32,640 posts)However, I will posit as support that the only people people bringing forth a lawsuit concerning the DNC and the 2016 elections are conspiracy theory whacknuts. If there was a basis for such a claim, wouldn't a more reputable lawyer(s) have decided it was worth litigating?
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=12635864
And again:
Substantive grounds are those grounds of judicial review that purport to criticise the overall basis or substance of a decision by a public body while procedural grounds are concerned with addressing flaws in the manner in which a decision by a public body was actually made.
https://lawexplores.com/substantive-grounds-for-judicial-review/#targetText=Substantive%20grounds%20are%20those%20grounds,public%20body%20was%20actually%20made.
Yes, I will agree that absence of evidence does not = evidence of absence. I have made that point to those who still cling to the debunked "abortion leads to a greater risk of breast cancer" study results - or the "autism vaccination link." They want proof that it's NOT true. Likewise there has been no credible evidence of "rigging." People who are shocked and angry about a particular outcome and desperate for some sort of quantifiable explanation that doesn't involve them being mistaken, or grand conspiracy for an explanation, yes. There will always be those.
Gothmog
(145,631 posts)I have been laughing at the pleadings in this case for a long time. See https://upload.democraticunderground.com/100210544462 The briefs in this case filed by the plaintiffs were so bad that they were funny.
For example, the idiot attorney who filed this silly case claimed that donors were consumers under the DC consumer protection law.
I will miss laughing at the pleadings and briefs in this case
former9thward
(32,093 posts)But the OP headline is untrue. The court made no such ruling.
ehrnst
(32,640 posts)Jim Saunders
Executive Editor
Email: j.saunders@newsserviceflorida.com
(850) 728-1705
Jim has been executive editor of the News Service since 2013 and has covered state government and politics in Florida since 1998. Jim came to the News Service in 2011 after stints as Tallahassee bureau chief for The Florida Times-Union, The Daytona Beach News-Journal and Health News Florida. He moved to Florida in 1990 and worked eight years for the Times-Union in Jacksonville and St. Johns County. A native of Cedar Rapids, Iowa, he graduated from Northwestern University and worked at The Blade newspaper in Toledo, Ohio, before moving to the Times-Union. Jim enjoys covering legal and regulatory issues and has extensive experience in covering health care.
https://newsserviceflorida.com/contact_us.cfm
Let us know what he says.
former9thward
(32,093 posts)ehrnst
(32,640 posts)Gothmog
(145,631 posts)Your claim is false. There were a number of rulings on the substance of the ignorant claims made in this lawsuit. Please understand that the court was far nicer to the idiots who filed this law suit than I would have been.
Here is a link to the opinion http://media.ca11.uscourts.gov/opinions/pub/files/201714194.pdf
Here are a couple of sections of the opinion ruling on the merit of the claims
traceable to the defendants allegedly false statements, and on that question there
are just too many unknowns. Although they too alleged that they relied on the
false statements to their detriment, not a single named plaintiff who contributed
money to the Sanders campaign set out the dates (exact or approximate) of his or
her donations. We do not know why the complaint omits the dates of all donations
to the Sanders campaign, but the silence makes it impossible to know whether any
named plaintiffs representing the Sanders donor class made their donations before
or after the false statements were made, or before or after the publication of the
hacked documents in June of 2016, or before or after Senator Sanders endorsed
Secretary Clinton in July of 2016. These details matter. If, for example, those who
donated money to the Sanders campaign did so before the false statements were
made, the statements could not have caused them financial injury. See Sweigert,
334 F. Supp. 3d at 43 (explaining in a similar case that causation was not
adequately pled because the complaint was devoid of allegations that the plaintiff
donated money in reliance on anything the DNC or its officials said or did).
I love this section discussing the complete stupidity of the claim that the DNC violated the DC consumer protection law and that donors were consumers.
See D.C. Code § 28-3904 (It shall be a violation of this chapter for any person to
engage in an unfair or deceptive trade practice, whether or not any consumer is in
fact misled, deceived or damaged thereby[.]). It allows a consumer [to] bring an
action seeking relief from the use of a trade practice in violation of a law of the
District [of Columbia]. D.C. Code § 28-3905(k)(1)(A). A consumer, in turn, is
a person who does or would purchase . . . or receive consumer goods or services.
D.C. Code § 28-3901(a)(2)(A). See also Price v. Indep. Fed. Sav. Bank, 110 A.3d
567, 574 (D.C. 2015) (n order to obtain redress under the CPPA, [the plaintiffs]
must be consumers, defined as a person who . . . does or would purchase . . . or
receive consumer goods or services.) (quoting § 28-3901(a)(2)(A)). As a result,
the CPPA does not cover all consumer transactions, and instead only covers trade
practices arising out of consumer-merchant relationships. Sundberg v. TTR
Realty, LLC, 109 A.3d 1123, 1129 (D.C. 2015).
The named plaintiffs representing the DNC donor class made their donations
directly to the DNC, which is a non-profit corporation. See First Amended
Complaint at ¶¶ 10309, 153. Because there are no allegations that any of them
purchased or received any consumer goods or services, they are not consumers
under the CPPA. See Silvious v. Coca-Cola Co., 893 F. Supp. 2d 233, 236
(D.D.C. 2012) (prisoner who had not purchased Coca-Cola was not a consumer
under the CPPA and could not sue the soft-drinks manufacturer for fraudulent
labeling); Slaby v. Fairbridge, 3 F. Supp. 2d 22, 27 (D.D.C. 1998) (person whose
research proposals were rejected by a federal agency was not a consumer under
the CPPA because her claim did not arise out of the purchase or receipt of
consumer goods or services).
We note, as well, that the DNC is not subject to liability under the CPPA for
the conduct set out in the complaint. As the plaintiffs alleged, the DNC is a nonprofit entity, and the CPPA limits the liability of non-profit organizations: An
action brought . . . against a non-profit organization shall not be based on
membership in such organization, membership services, training or credentialing
services, . . . or any other transaction, interaction, or dispute not arising from the
purchase or sale of consumer goods or services in the ordinary course of business.
D.C. Code § 28-3905(k)(5). In the words of the D.C. Circuit, the available
evidence suggests that the D.C. Council acted specifically to shield non-profit
organizations from statutory liability for membership-related disputes. In re APA
Assessment Fee Litig., 766 F.3d 39, 53 (D.C. Cir. 2014). Here the complaint
frames a dispute between the DNC and some of its supporters concerning
organizational behavior. Because there are no allegations that the DNC acted as a
merchant or sold or provided consumer goods and services to the plaintiffs, the
CPPA claim fails.
There are more examples but these examples made me smile There were rulings on the merit of this case
former9thward
(32,093 posts)Or ignored what it said. "too many unknowns" Which is what I posted. There is nothing in what you posted that backs up the headline.
Gothmog
(145,631 posts)Are you a member of the bar? I cut and paste sections that are very clear. Your claims are false if you actually read and understood the opinion
former9thward
(32,093 posts)Where does the court say the DNC did not favor Clinton? That is what the headline says. I hope your practice is not appellate law.
Gothmog
(145,631 posts)The key is that I actually read and understood the opinion. I have also read the pleadings and the briefs in this case. Why are you defending this bogus lawsuit? This lawsuit was so bad that it is funny.
This lawsuit was dismissed because even with the court treating all of the lawsuit pleadings as being true, there was no basis for relief in the rather stupid claims made in this lawsuit
Your claims are wrong. I have no trouble with the reporting of this ruling.
Kingofalldems
(38,489 posts)treestar
(82,383 posts)meet their burden of proof and they were the plaintiffs. So it is not established by a preponderance of the evidence that the DNC did any rigging. Whether you take that to mean they did not is a matter of choice, such as where OJ was acquitted but still it is possible not to believe he did not murder anyone.
sheshe2
(83,940 posts)Not sure if I am remembering that correctly.
Gothmog
(145,631 posts)There used to be good number of threads on this lawsuit on that site.
Thought I remembered it correctly.
HelpImSurrounded
(441 posts)This headline and spin are the equivalent of Trump claiming Mueller exonerated him.
There is no case but that doesn't mean there weren't shenanigans. It's just that the shenanigans may have been oddly legal and we need to deal with that problem.
Gothmog
(145,631 posts)This lawsuit was so bad that it was fun to laugh at. I understand that some idiots on JPR joined as plaintiffs which amuses me greatly.
I am sad that I no long get to laugh at the pleadings and briefs in this case. The attorneys who filed this case are really bad
Gothmog
(145,631 posts)Gothmog
(145,631 posts)I am so glad that this bogus lawsuit was rejected https://cbs12.com/news/local/lawsuit-rejected-over-dnc-tilt-toward-clinton
Boiled down, the lawsuit alleged that during the 2016 Democratic presidential primaries, the DNC and Ms. Wasserman Schultz improperly tipped the scales in favor of former Secretary of State Hillary Clinton, who was challenging Senator Sanders for the Democratic presidential nomination, the ruling said.
Filed in South Florida, the lawsuit raised a series of allegations, including fraud, negligent misrepresentation and unjust enrichment, and proposed three potential legal classes: Democratic National Committee donors, Sanders campaign donors in 2016 and voters affiliated with the Democratic Party in various states.
But the appeals court rejected the lawsuit on a variety of grounds, including plaintiffs not having standing or not meeting legal tests to back up the claims.
still_one
(92,433 posts)ehrnst
(32,640 posts)Jared Beck - got banned on twitter because every other word in his posts were "Loser!" "Go Fuck Yourself!"
Link to tweet
?lang=en
His wife and partner Elizabeth Lee... (also banned from Twitter) a Trump voter who is just as delusional:
The panel begins with Baldwin questioning Zelldin and Schaub, who discuss the revelations concerning Trump's attempted firing of Robert Mueller last June. They both give informed, reasonable answers concerning Trump's conduct and what this means for the investigation, while Beck, in the bottom corner, darts her eyes around the screen as though she's literally trapped in a box and can't find the exit. Then, two minutes and fifty-one seconds in, Beck utters the fatal words that will consign her to the fringes of independent media for the rest of her career: "Why are you subjecting me to this?
And it gets worse. On Saturday, Beck accused CNN of slacking on investigating debunked conspiracy theories, such as Uranium One, the collapse of Building 7 on 9/11, and the "Soros funded riots" relating to Black Lives Matter. She capped it off with this piece de resistance, forever proving Jean-Pierre Faye's horseshoe theory that the furthest tips of the far left and right meet in a center of crazy:
https://thedailybanter.com/2018/01/29/cranky-lawyer-disgraces-herself/
still_one
(92,433 posts)Gothmog
(145,631 posts)I was glad when twitter suspended this idiot
rocktivity
(44,580 posts)Last edited Wed Oct 30, 2019, 12:19 PM - Edit history (1)
Avoiding even the APPEARANCE of impropriety is just as important as avoiding impropriety itself.
rocktivity
Tarheel_Dem
(31,243 posts)Tarc
(10,476 posts)OldRed2450
(710 posts)It's very irresponsible to lead people in this way. I don't want to get in trouble so I won't say anymore than that.
ehrnst
(32,640 posts)UTUSN
(70,755 posts)Hillary can be grilled in 11 hour stretches, be investigated repeatedly. A RAYGUN flying monkey asked how he could get his reputation back after being exonerated. Hillary can be cleared repeatedly yet her reputation keeps on being soiled.
Takket
(21,639 posts)and people are still dying on the hill he left already.
I doubt BS could give a flying fuck about any of this, and his supporters are not helping him by beating a dead horse.
OldRed2450
(710 posts)"No, wait, 'some people say' that if maybe that system was not rigged against me, I would have won the nomination and defeated Donald Trump," Sanders replied.
ehrnst
(32,640 posts)Cha
(297,770 posts)that's too bad.
Mahalo, ehrnst!
This case was one of my soap operas. I really enjoyed laughing at the pleadings and briefs in this case. The attorney who filed this case is an idiot who is also pushing the Seth Rich stupidity.
My favorite part of this case was the rejection of the ignorant claim that the District of Columbia consumer protection act applied and that the sanders donors who sued qualified as consumers.
I am also amused that a number of the JPR idiots joined this lawsuit as plaintiffs.
I am sad that I will no long get to laugh at this lawsuit
Cha
(297,770 posts)laugh a lifetime though.. they lost their stupid gaslighting "lawsuit"!
Thank Goodness.. it's Done Deal Now!
Blue_Tires
(55,445 posts)an apology from the Putincept and all the other dudebros on Twitter who smeared her into somebody worse than Hitler...
Yo_Mama_Been_Loggin
(108,274 posts)Hortensis
(58,785 posts)America is turning out to be shockingly infiltrated and affected by corruption, much of it embedded by Russia as a weapon of war. But this is a good time to point out that, while the Republican Party has become rotten top to bottom, the Democratic Party is still remarkably clean in spite of everything.
That's because of us, people like us. Poor character in politicians and the corruption that comes with them and is accepted, even passionately endorsed by too many, repel and are rejected by most Democrats, especially the liberals who dominate our party.
Sincere liberals aren't just the defenders of democracy and the anti-fascists, as a group we're proving in this era -- as we always have -- to be very resistant to serious corruption.
KPN
(15,662 posts)On the other hand, a substantial share of our citizens think the whole system is rigged. EG:
[link:https://www.democraticunderground.com/1287328840|
Guess it's all in how one defines "rigged".
ehrnst
(32,640 posts)nominees are selected.
That's good, because again, there is no evidence that it was/is "rigged," legally, illegally or otherwise.
Just making sure.
scipan
(2,361 posts)I read most of the Opinion. There were 3 classes of plaintiffs: DNC donors, Bernie donors, and "voters affiliated with the Democratic Party in various states". All but the DNC donor class was throw out due to lack of standing (Article III). The Bernie donors' case failed because they didn't list the dates of their donations (!) (seems like the lawyers didn't do very good work to me).
The Judges write: "we hold that the fraud, negligent misrepresentation, CPPA, and unjust enrichment claims of the
DNC donor class fail on the merits....The named plaintiffs representing the DNC donor class have not satisfied
Rule 9(b)s pleading requirements. Specifically, they have failed to allege with particularity the manner in which they relied on the defendants statements." (Earlier, they quoted several statements made by the DNC and Debbie Wasserman-Schultz stating the DNC is neutral w/r/t the candidates.)
(I'm skipping a section on how plaintiffs' fraud claim failed because they aren't consumers & the DNC is a nonprofit - IANAL.)
There was an "unjust enrichment" claim: failed because, at a minimum, plaintiffs don't say why they donated to the DNC (if they had said they donated to support an impartial primary, that could be different).
There is more but my eyes have glazed over. Basically, it's lack of standing and incompetent lawyers did not get into specifics enough from what I gather.
Hope this helps anyone honestly curious.