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kimbutgar

(21,127 posts)
Tue Jul 3, 2018, 11:55 PM Jul 2018

Well here's a turd that was dropped tonight

11:06 pm

A federal judge has dismissed a lawsuit alleging that President Donald Trump's campaign and former Trump adviser Roger Stone conspired with Russia and WikiLeaks to publish hacked Democratic National Committee emails during the 2016 presidential race.

U.S. District Court Judge Ellen Huvelle said in a ruling Tuesday evening that the suit's efforts to tie the Trump campaign and Stone's alleged actions to the nation's capital were too flimsy for the case to proceed in a Washington, D.C., court.

https://www.politico.com/story/2018/07/03/trump-dnc-hacking-693965

The ratfucker Stone is getting off.

19 replies = new reply since forum marked as read
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Well here's a turd that was dropped tonight (Original Post) kimbutgar Jul 2018 OP
Appellate Court immediately. Crutchez_CuiBono Jul 2018 #1
Nothing to appeal. virgogal Jul 2018 #5
Maybe, maybe not. Crutchez_CuiBono Jul 2018 #6
Lawsuit filed by whom? Not mueller Takket Jul 2018 #2
It was kind of a bullshit suit jberryhill Jul 2018 #9
Here's the intro to the judge's order, summarizing this case... Princess Turandot Jul 2018 #10
The fact that these two plaintiffs did not have enough evidence, RDANGELO Jul 2018 #3
Ergo the "newly discovered evidence" that will possibly breathe life into this case Crutchez_CuiBono Jul 2018 #7
Badly written article. Later, the judge is quoted as saying spooky3 Jul 2018 #4
A D.C. judge. Petosky Stone Jul 2018 #8
Probably a lack of standing by the plaintiffs, as much as anything... Wounded Bear Jul 2018 #11
Did anybody read the article, or are we just pouncing on the headline? The Velveteen Ocelot Jul 2018 #12
...let alone the procedural posture of this particular decision jberryhill Jul 2018 #14
No one is getting off jberryhill Jul 2018 #13
Even this suit might lead to something if re-filed in New York. Jim Lane Jul 2018 #17
Well, you don't win if you don't play, as they say at the fair jberryhill Jul 2018 #18
Thank you all I couldn't understand the legalize of this article kimbutgar Jul 2018 #15
A lot of prosecutors and judges will be millionaires Jakes Progress Jul 2018 #16
It's not as bad as it looks. She didn't say to not refile WhiteTara Jul 2018 #19

Crutchez_CuiBono

(7,725 posts)
6. Maybe, maybe not.
Wed Jul 4, 2018, 12:19 AM
Jul 2018

Appeal reviews procedural mistakes as well for due process. Not just facts etc.
Just bc a case died doesn't mean w new evidence it can be re-opened or re-filed I bet. Just a bet though...from watching Ironsides and Petrocelli.

 

jberryhill

(62,444 posts)
9. It was kind of a bullshit suit
Wed Jul 4, 2018, 12:45 AM
Jul 2018

Two DNC donors, Roy Cockrum and Eric Schoenberg, and former DNC staffer Scott Comer, filed the suit last year, alleging that the hacking invaded their privacy and that the Trump campaign and Stone had a role in unlawful activity.


——-

It wasn’t dismissed on any substantive grounds. It was more of a stunt suit.

Princess Turandot

(4,787 posts)
10. Here's the intro to the judge's order, summarizing this case...
Wed Jul 4, 2018, 12:57 AM
Jul 2018

The plaintiffs are 3 individuals; this is not a special prosecutor's action.

Before the Court are defendants’ motions to dismiss and plaintiffs’ motion for jurisdictional discovery. Plaintiffs are two Democratic National Committee (“DNC”) donors (Cockrum and Schoenberg) and a former DNC employee (Comer). Defendants are Donald J. Trump for President, Inc. (“the Trump Campaign”),and Roger Stone, who was employed by the Trump Campaign until November 9, 2015,and allegedly continued thereafter to advise the Trump Campaign informally.

Plaintiffs assert that defendants engaged in a conspiracy with unidentified Russian agents and WikiLeaks to publish hacked emails. They bring two tort claims under D.C. law, one alleging a conspiracy to violate plaintiffs’ privacy rights by publicly disclosing private facts and the other alleging a conspiracy to subject plaintiffs to intentional infliction of emotional distress. They also bring a federal claim under 42 U.S.C. § 1985(3), alleging a conspiracy to violate plaintiffs’ right to give support or advocacy to their chosen political candidate.

For the reasons stated below, the Court concludes that it lacks personal jurisdiction over defendants and, alternatively,that Washington D.C.is not the proper venue for plaintiffs’ suit. The Court will grant defendants’ motions to dismiss, deny plaintiffs’ motion, and dismiss plaintiffs’ suit without prejudice.

2 Given this ruling, the Court does not address defendants’ arguments that the complaint fails to allege sufficient facts to sustain a claim for tortious civil conspiracies or a conspiracy under 42 U.S.C. § 1985(3).

3 Although the Court will explain the distinction between personal jurisdiction and the merits in detail below, it bears emphasizing that this Court’s ruling is not based on a finding that there was no collusion between defendants and Russia during the 2016 presidential election.

(bolding added)
https://www.documentcloud.org/documents/4573247-Memorandum-amp-Opinion.html





spooky3

(34,438 posts)
4. Badly written article. Later, the judge is quoted as saying
Wed Jul 4, 2018, 12:06 AM
Jul 2018

In essence that the case was dismissed on technical grounds relating to the choice of DC vs another venue, and not on the merits of the suit. The lawyers plan to file it in another venue.

How that relates to “flimsy” isn’t clear.

Wounded Bear

(58,645 posts)
11. Probably a lack of standing by the plaintiffs, as much as anything...
Wed Jul 4, 2018, 01:01 AM
Jul 2018

This doesn't "exonerate" Stone, it just dismisses this case, while categorically pointing out that no declaration of guilt or innocence should be implied. In other words, this does nothing to whatever other cases might be brought against Stone, especially whatever Mueller's team might come up with.

The Velveteen Ocelot

(115,670 posts)
12. Did anybody read the article, or are we just pouncing on the headline?
Wed Jul 4, 2018, 01:10 AM
Jul 2018

"The Trump Campaign’s efforts to elect President Trump in D.C. are not suit-related contacts for those efforts did not involve acts taken in furtherance of the conspiracies to disseminate emails that harmed plaintiffs," wrote Huvelle, an appointee of President Bill Clinton. "Campaign meetings, canvassing voters, and other regular business activities of a political campaign do not constitute activities related to the conspiracies alleged in the complaint."

But Huvelle made clear that her decision was a technical one based on issues of legal jurisdiction and was not a definitive ruling on allegations that the Trump campaign struck an illicit deal with the Russians during the presidential contest.

"It bears emphasizing that this Court’s ruling is not based on a finding that there was no collusion between defendants and Russia during the 2016 presidential election," Huvelle wrote. "This is the wrong forum for plaintiffs’ lawsuit. The Court takes no position on the merits of plaintiffs’ claims."

 

jberryhill

(62,444 posts)
14. ...let alone the procedural posture of this particular decision
Wed Jul 4, 2018, 02:21 AM
Jul 2018

It's an attention-grabbing headline, but the suit, and this decision, are of relatively no significant consequence.
 

jberryhill

(62,444 posts)
13. No one is getting off
Wed Jul 4, 2018, 02:20 AM
Jul 2018

All kinds of people file all kinds of civil suits.

This suit is more along the lines of the "stunt" variety, in that it was filed by two private parties alleging that Roger Stone had violated their privacy, among other things, by his involvement in the hacking of the DNC emails.

These kinds of suits are more along the lines of performance art than actions likely to lead to anything significant.
 

Jim Lane

(11,175 posts)
17. Even this suit might lead to something if re-filed in New York.
Wed Jul 4, 2018, 05:22 PM
Jul 2018

The plaintiffs could probably survive the motion to dismiss for lack of jurisdiction. If they could also survive the motion to dismiss for failure to state a claim, then the discovery could prove fruitful, even if the suit ultimately fails.

Obviously, the suit by the DNC, the direct victim of the email disclosures, has more promise. Still, I wouldn't go as far as to say that this case was merely performance art.

kimbutgar

(21,127 posts)
15. Thank you all I couldn't understand the legalize of this article
Wed Jul 4, 2018, 10:32 AM
Jul 2018

Just that the lawsuit against stone was dismissed.

Thank you all on DU you are all the smartest

Jakes Progress

(11,122 posts)
16. A lot of prosecutors and judges will be millionaires
Wed Jul 4, 2018, 10:41 AM
Jul 2018

before this is over. putin and koch have enough spare change to buy off a lot more.

WhiteTara

(29,703 posts)
19. It's not as bad as it looks. She didn't say to not refile
Wed Jul 4, 2018, 07:23 PM
Jul 2018

but the statutes they were using didn't apply. Stone will not get off unless there is no country left. Mueller's got him in his sights.

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