Earlier this week, a Clinton-appointed U.S. district judge dismissed a lawsuit brought forth by the DNC against the Trump campaign “for its alleged role in the hacking and dissemination of internal Democratic Party emails during the 2016 presidential race,” according to The Daily Wire.
This is MASSIVE news, and terrible for Democrats, that really should be brought to people’s attention (though I think most of it will go to responses to the 2nd round of the Democrat debates, which surprisingly featured a candidate pretending he was a moderate).
Anyway, Judge John Koeltl of the Southern District of New York relayed his opinion on the case after dismissing it, completely destroying the very argument the Democratic National Convention was trying to make in many different ways.
The DNC’s lawsuit, according to The Daily Wire, was “filed against Donald Trump, his campaign officials and ‘defendants’ – including Donald Trump Jr, Paul Manafort, Jared Kushner, George Papadopalous, Richard Gates and Roger Stone – WikiLeaks, Julian Assange, the Russian Federation, and various Russian individuals.”
The DNC alleged in the suit that the Trump campaign had coordinated with Russia and WikiLeaks to release official Democrat Party emails in order to benefit Trump’s campaign.
However, as Judge Koeltl points out, there are several problems with this suit.
First, you can’t sue a foreign government in a U.S. court. Koeltl writes: “The primary wrongdoer in this alleged criminal activity is undoubtedly the Russian Federation. [However] under the Foreign Sovereign Immunities Act…, the Russian Federation cannot be sued” in American courts. They can be sued in the individual country’s court system - provided the countries actually allow for people to sue the government, which, considering this is freaking Russia we’re talking about, I doubt people can (and trust me I tried looking but nothing turned up)-, but they cannot be sued within the U.S. court system. So Russia has to be taken out of the suit for it to even remotely work. Well, that would be the case if it weren’t for one other thing.
Second, WikiLeaks, the ones who actually released the information, have a First Amendment right to do so, as any other media organization would have the First Amendment right to expose something for people’s viewing and learning benefit. “The DNC seeks to hold the second-level participants in this alleged activity (that is, the Trump campaign, defendants and WikiLeaks) liable for dissemination of stolen materials. But… the First Amendment prevents such liability in the same way it would preclude liability for press outlets that publish materials of public interest…”
So WikiLeaks, in obtaining and releasing the emails, is protected by the First Amendment as any news network would be in publishing, say, emails from the Trump campaign and trying to push the Russian-collusion narrative and getting the dates wrong, or as they would be in publishing the details of a Trump Tower meeting between Don Jr. and Natalia Veselnitskaya, where they discussed Russian prisoners and other things, not dirt on Hillary Clinton.
What’s more, even if it had been the Trump campaign who had obtained and released those emails, they would’ve been within their right to do so in a similar manner. Koeltl wrote that Trump could’ve done that because the documents released “allowed the American electorate to look behind the curtain of one of the two major political parties in the United States during a presidential election… [and are] entitled to the strongest protection that the First Amendment offers.”
“Even if the documents had been provided directly to the Campaign [and] the Campaign defendants… they could have published the documents themselves without liability because they did not participate in the theft and the documents are of public concern. The DNC cannot hold these defendants liable for aiding and abetting publication when they would have been entitled to publish the stolen documents themselves without liability,” Koeltl wrote in sum.
I think this is a good call, particularly considering just what is behind the suit in the first place: the Left being ticked off that Trump won the 2016 election and that he joked about Russia having the Democrats’ emails. That particular Trump rally joke is what has led many people to think that Trump had been colluding with Russia, when all it was was a JOKE at the Democrat Party’s expense because one of their high-ranking officials fell for a phishing scam (and it didn’t help that they didn’t want the FBI to look into the case, giving it to a third-party investigator).
The ONLY reason this suit was made in the first place is to further drive the narrative that Trump had colluded, in one way or another, to steal the election away from Hillary Clinton. Whether that way was through influencing votes (though Rod Rosenstein himself said that no votes had been altered, not that anyone on the Left will acknowledge that) or by getting dirt on Hillary Clinton (which is what politicians often do anyway, but when Trump does it, it’s apparently criminal) through Veselnitskaya or through WikiLeaks, the Left was adamant about proving that there was some sort of collusion between the Trump campaign and Russia.
But along the way, we only found more and more evidence of HILLARY CLINTON colluding with Russia, whether it be through the funding of the phony Steele dossier or through the Uranium One deal (which was apart from the campaign, but still extremely shady and not something people often talk about). And all that, without even TRYING to find Hillary colluding with Russia.
This suit, filed early last year, has thankfully been dropped by a judge (though it’s rather surprising it was by a Clinton judge). Of course, both the DNC and Trump have responded to this, with the DNC saying that this decision “raises serious concerns about our protections from foreign election interference and the theft of private property to advance the interests of our enemies.”
Yeah, yeah, cry me a river, why don’t you. You know perfectly well that the election was not interfered with and that Trump won the election perfectly legitimately.
In any case, President Trump hilariously responded by saying: “Wow! A federal Judge in the Southern District of N.Y. completely dismissed a lawsuit brought by the Democratic National Committee against our historic 2016 campaign for President. The Judge said the DNC case was ‘entirely divorced’ from the facts, yet another total & complete vindication & exoneration from the Russian, WikiLeaks and every other form of HOAX perpetrated by the DNC, Radical Democrats and others. This is really big ‘stuff’ especially coming from a highly respected judge who was appointed by President Clinton. The Witch Hunt Ends!”
This most certainly is “big ‘stuff’”, considering both the ultimate decision of the case and who it was that made the decision. The Democrats likely went to the SDNY because they felt confident they would be able to get this to go through and successfully sue Trump, though it likely would’ve been decimated in actual court, given not only the inability to sue a foreign government and First Amendment rights, but also due to how little evidence they would’ve been able to bring forth to implicate any liability on Trump, who is their main target. They might’ve been able to at least get WikiLeaks and Julian Assange, but the Trump campaign has not been proven at all to have taken any part in this, but again, the First Amendment would be in the way. The fact that it was dismissed is certainly a good thing, and good news in my eyes, but who it was that dismissed it is also rather important (not to mention surprising).
As a Clinton-appointed judge, you would’ve expected him to have let the Democrats get away with whatever they wanted. I certainly think that that’s what the Democrats were expecting as well. But it appears that this judge is at least rather aware of how the laws work, including our First Amendment rights, and is not so corrupt as to ignore them. There is nothing criminal that can be proven that the Russians did (and even if they had, they still can't be sued), there is nothing criminal regarding what WikiLeaks did with the information (and the Trump campaign only benefited from it, not took part in it, so there is even less culpability to be placed on them).
Of course, this hardly means much to the Left. They will look for other ways to attack Trump and will have to regroup and re-strategize for now (which I think is part of the reason they are so adamant about calling Trump a racist now, of all times, despite how often they’ve used that card in the past anyway).
But regardless of what they might throw at Trump and us in the future, I’m confident it will not work.
“No weapon formed against you shall prosper, and you will refute every tongue that accuses you. ‘This is the heritage of the Lord’s servants, and their vindication is from Me,’ declares the Lord.”
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Author: Freddie Marinelli.
Freddie Marinelli and Danielle Cross will bring you the TRUTH that the Left denies you. You'll live a more joyful and victorious life, because the Truth will set you free...