Friday, October 28, 2016

DNC moves to hold RNC in contempt of voter intimidation order

Roger Stone, a key pro-Trump operative got his start as a Nixon dirty trickster. He is up to new tricks.  'Vote for Hillary the new way, text 8888', he tweeted. That was the first exhibit in a motion by the Democratic National Committee which submitted a proposed Order to Show Cause. The DNC seeks an order holding the Republican National Committee in contempt of court and
(b) prohibiting Defendant RNC from allocating any money to fund, reimburse expenses for, or provide support for Donald J. Trump and/or his campaign’s voter intimidation program or his supporters’ plans to “watch” “certain sections” and “other communities”;
(c) directing Defendant RNC to seek reimbursement from the Trump campaign and all state political organizations for any funds previously allocated to fund any prohibited “ballot security” measures, including staff salaries, overhead expenses, training costs and expenses, digital resource expenditures, or any other resources used in any way to promote or facilitate the Trump campaign or state political organization “ballot security” or “integrity” endeavors;
(d) ordering Defendant RNC to distribute the Consent Decree and the relief awarded via this action to every RNC field office with instructions that no person employed by or affiliated with the RNC shall participate in any “ballot security” measures; 

In its brief the DNC seeks to extend for another eight years a 1982 consent decree later modified, extended and uphel in 2010 by the U.S. Court of Appeals in Philadelphia.  Originally issued by the lae federal judge Dickinson Debevoise it bars the Republican Bational Committee from doing anything that has the purpose or effect of suppressing voter turnout.  Further, the RNC is accused of violating its duty to obtain pre-clearance.  The DNC brief asserts that  "The 2009 Consent Decree provides that “[t]he RNC shall be required to notify the DNC and this Court of any proposed ballot security measures at least 10 days before instituting such measures so that this Court may determine their legality and whether they comply with the other terms of the Consent Decree.”"

The RNC has not yet filed answering papers.  A key issue is whether the Tump campaign is an agent of the RNC - or vice versa. - gwc

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