The ongoing litigation of the DNC Fraud Lawsuit and the appeal regarding its dismissal took a stunning turn yesterday. The defendants in the case, including the DNC and former DNC Chairwoman Debbie Wasserman Schultz, filed a response brief that left many observers of the case at a loss for words.
The document, provided by the law offices of the Attorneys for the Plaintiffs in the case, Jared and Elizabeth Beck, and appears to argue that if the Democratic Party did cheat Sanders in the 2016 Presidential primary race, then that action was protected under the first amendment. Twitter users were quick to respond to the brief, expressing outrage and disgust at the claims made by representatives of the DNC and Debbie Wasserman Schultz.
The Defense counsel also argued that because of Jared Beck’s outspoken twitter posts, the plaintiffs were using the litigation process for political purposes: “For example, Plaintiffs’ counsel Jared Beck repeatedly refers to the DNC as “shi*bags” on Twitter and uses other degrading language in reference to Defendants.” Fascinatingly, no mention is made regarding the importance of First Amendment at this point in the document.
The defense counsel also took issue with Jared Beck for what they termed as: “…Repeatedly promoted patently false and deeply offensive conspiracy theories about the deaths of a former DNC staffer and Plaintiffs’ process server in an attempt to bolster attention for this lawsuit.”
This author was shocked to find that despite the characterization of the Becks as peddlers of conspiracy theory, the defense counsel failed to mention the motion for protection filed by the Becks earlier in the litigation process. They also failed to note the voice-modulated phone calls received by the law offices of the Becks which contained a caller-ID corresponding to the law offices of Debbie Wasserman Schultz, a defendant in the case. In light of this context, the Becks hardly appear to be peddlers of conspiracy theory.
The DNC defense lawyers then argued:
There is no legitimate basis for this litigation, which is, at its most basic, an improper attempt to forge the federal courts into a political weapon to be used by individuals who are unhappy with how a political party selected its candidate in a presidential campaign.”
The brief continued:
…To recognize any of the causes of action that Plaintiffs allege based on their animating theory would run directly contrary to long-standing Supreme Court precedent recognizing the central and critical First Amendment rights enjoyed by political parties, especially when it comes to selecting the party’s nominee for public office.”
It appears that the defendants in the DNC Fraud Lawsuit are attempting to argue that cheating a candidate in the primary process is protected under the first amendment.
If all that weren’t enough, DNC representatives argued that the Democratic National Committee had no established fiduciary duty “to the Plaintiffs or the classes of donors and registered voters they seek to represent.”
It seems here that the DNC is arguing for its right to appoint candidates at its own discretion while simultaneously denying any “fiduciary duty” to represent the voters who donated to the Democratic Party under the belief that the DNC would act impartially towards the candidates involved.
Adding to the latest news regarding the DNC Fraud Lawsuit was the recent finding by the UK Supreme Court, which stated that Wikileaks Cables were admissible as evidence in legal proceedings.
If Wikileaks’ publication of DNC emails are found to be similarly admissible in a United States court of law, then the contents of the leaked emails could be used to argue that, contrary to the defendant’s latest brief, the DNC did in favor the campaign of Hillary Clinton over Senator Sanders and that they acted to sabotage Sanders’ campaign.
The outcome of the appeal of the DNC Fraud Lawsuit remains to be seen.
Top Photo | Democratic presidential candidate, Sen. Bernie Sanders, I-Vt., speaks at a campaign rally at the Phoenix Convention Center in Phoenix, March 15, 2016. (AP/Ricardo Arduengo)
Elizabeth Vos is the Co-Founder and Editor in Chief at Disobedient Media.