The premise of the DNC fraud lawsuit was simple: the Democratic National Committee promised voters an impartial party primary, and in 2016 it did not deliver them what it promised. By taking donations from people who believed its promise of impartiality, it committed fraud, in the same way a company selling a product labeled “sugar free” would be committing fraud if its product was loaded with maple syrup.
Article 5, Section 4 of the DNC Charter, also known as the Impartiality Clause, reads as follows:
“the Chairperson shall exercise impartiality and evenhandedness as between the Presidential candidates and campaigns. The Chairperson shall be responsible for ensuring that the national officers and staff of the Democratic National Committee maintain impartiality and evenhandedness during the Democratic Party Presidential nominating process.”
Documents released by WikiLeaks such as the conversations in the more egregious DNC emails, the Podesta emails showing that the DNC and the Clinton camp were colluding as early as 2014 to schedule debates and primaries in a way that favored her, then-DNC Vice Chairwoman Donna Brazile acting as a mole against the Sanders campaign and passing Clinton questions in advance to prep her for debates with Sanders all demonstrate a clear and undeniable violation of the Impartiality Clause.
Kind of ironic how Dem operatives are presumably celebrating the dismissal of a lawsuit that if won, might have saved their party.
— Dean Goldberg (@Dean_Gberg) August 25, 2017
Bruce Spiva, the defense attorney for the DNC, argued successfully that this fraud lawsuit should be dismissed on the grounds that the Committee is under no legal obligation to provide real party primaries at all, saying:
“But here, where you have a party that’s saying, We’re gonna, you know, choose our standard bearer, and we’re gonna follow these general rules of the road, which we are voluntarily deciding, we could have — and 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. That’s not the way it was done. But they could have. And that would have also been their right.”
“[T]here is no right to — just by virtue of making a donation, to enforce the parties’ internal rules. And there’s no right to not have your candidate disadvantaged or have another candidate advantaged. There’s no contractual obligation here.”
If you are American, whether Democrat, Republican or otherwise, you should read through Judge Zloch’s Order of Dismissal in its entirety when you have time, because this is a historic moment in your nation’s history and this ruling affects you personally. Had the case been allowed to proceed, it could have seen the DNC suffer tremendous consequences for its blatant Charter violation with the promise of more penalties should they repeat the behavior again. Former DNC leaders could have been forced to testify under oath about their behavior, and people who donated to the Sanders campaign could have been refunded their money. The DNC would have been forced into a situation where it could no longer actively sabotage progressive candidates without expecting severe consequences for that behavior.
Instead, the DNC has elected a virulently pro-establishment replacement for Debbie Wasserman Schultz in its new Chairman Tom Perez, and has to this day admitted no wrongdoing nor given any indication that it will make the massive, sweeping changes that would need to be made to prevent Impartiality Clause violations from happening in the future. There is no reason to believe that 2016 was the only time the DNC weighted its scales for a prefered candidate just because 2016 was the year it got caught, and there is now no reason to believe it won’t do so again, since it has no incentive not to.
When Jon Jones tested positive for steroids after reclaiming the UFC Light Heavyweight title from Daniel Cormier via devastating knockout, there was no question in official circles about whether or not he would have won without cheating. If Jones’ B test comes up positive, he will be stripped of his title, suspended from fighting for two to four years, and his win will be officially ruled a ‘No Contest’ by the California State Athletic Commission. There will be no debate among CSAC or USADA officials about whether or not Jones would have beaten Cormier without the help of anabolic steroids. If he cheated, he will be penalized, as would anyone else in any sport or in virtually any other institution outside of the political system in an unfathomably corrupt government.
The DNC violated its Charter, and it will not be penalized for doing so. It will march right into 2018 and 2020 using its same dirty tactics and its same fake primaries to sabotage progressive candidates and make sure that America remains dominated by not one but two right-wing parties. It therefore deserves to die.
And die it will. People like myself and countless other voices in US political commentary will forevermore be able to legitimately say that the Democrats run a novelty joke party which does not feel any obligation to hold real party elections. The Dems now have as much party legitimacy as Vermin Supreme or the Rent Is Too Damn High party. Stop taking these people seriously. DemExit and do not look back, because it’s only going to get worse from here.
You are right back where you were in 1968, America. Don’t let them fool you again.
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