Democratic National Committee Files Lawsuit

Putin – Trump – Assange

On Friday, the Democratic National Committee filed a lawsuit in the U.S. District Court for the Southern District of New York against the Russian government, the Trump campaign and associated persons, and WikiLeaks, alleging an illegal conspiracy to influence the outcome of the election.

 

This ought to be good. Really good. The Democratic National Campaign has filed a lawsuit against the Trump Campaign – and it gets better. They are also suing WikiLeaks founder Julian Assange, and – wait – Russia. They are suing a country!

My first guess is that Julian Assange might not be available to serve a summons since he can’t open the door of the Embassy of Ecuador in London; if he does the Swedes and the CIA will be there to take him away. And I think Ecuador is trying to evict him from their premises. (He wouldn’t open the door for them, either.)

Suing the Trump Campaign makes more sense (if you consider nonsense a type of sense), although the DNC will have to take a number and wait in line to serve papers. On the other hand there are actual people they can name and haul into court to respond.   Chances are they will still be in court and easy to find.

Russia is what gets me. Can you sue a country? Usually countries respond to threats with a declaration of war or targeted missile strike; not sure if we’ve figured out how to respond to a summons. Give it to the Russian Ambassador? The rezidentura?   Do you know how big Russia is? You can see it from Sarah Palin’s back porch, it’s huge! Believe me we don’t have a courthouse to hold them all.

Plus there is the matter of this Travel Ban and Immigration reform; the last thing President Donald Trump wants is more non-citizens entering his country – summons or no summons.   So I think the DNC has to whittle this down a bit. And by doing that, they are playing right into the hands of Trump and Steve Mnuchin who can just sock new sanctions on whoever gets called to the witness stand or not let them into the country. This might be the first high-profile case tried over Skype! The Russo’s can use Edward Snowden’s account and set-up.

This is so crazy even CNN isn’t completely on-board. (Wow, it’s really out there if you lose the people’s voice for the lunatic fringe.) If CNN is not fully behind this effort we might as well chalk up an “L” for the Democrats on this one. Gloria Borgia, of all people, called this a “Fundraising stunt,” for the 2018 midterm elections.   Ouch.

Just bringing this ‘lawsuit’ to the fore (Oh look, it’s the Southern District of New York) is brazen enough; as such I can’t use the word ‘brazen’ enough times to go over each and every outrageous claim within the filing.

First, the allegations against range in charges – from Computer Fraud and Abuse, Wire Fraud, Racketeering, Influence of a Corrupt Organization, (The RICO Act?!), Trespassing, Trespassing to Chattel (uh-oh), and Conspiracy to Commit Trespassing to Chattel (piling on, I think), to the Digital Millennium Copyright Act and Misappropriation of Trade Secrets.

I wish I was kidding.

Let’s see – the Digital Copyright Act is useless (that’s used to take down copywritten material from a website, like uploading an episode of Roseanne to YouTube).  Unless they argue any website or Facebook page that used a part of Hillary’s speeches is a violation. Too bad she’s a news-worthy public figure and so nothing should apply.

Misappropriation of Trade Secrets – that’s the Russians hacking the DNC servers and absconding with their voter rolls and mailing addresses; which i don’t think is a trade secret. It’s called public information.  The way they parse the data and use it… well, who would want to follow the example used by the DNC.  Bogus.

Trespassing and Conspiracy to Commit Trespassing by Chattels.   I had to look this one up to ensure it wasn’t “cattle.” It’s a tort wherein “the infringing party has intentionally  interfered with another person’s lawful possession of a chattel (movable personal property).” Plus there are actual crimes that fit into computer network hack attacks – Trespassing is a real stretch.

Hence, they are suing because their laptops got hacked.   And they are still wrong, because you hack into a network or a server, not necessarily one’s portable PC. Dolts.   This goes to show how little they understand technology and the Art of the Hack.

And that’s not surprising, is it?  When the FBI found out about the Hack they alerted both Hillary’s and Trump’s campaigns. (Yes, the Russians tried to get into the RNC network, too, and  the Trump Campaign is still being sued.) I say form a Class Action and sue Russia together! Nah, probably better to stay away from this fiery turd. And yet, when DNC Chair Debbie Wasserman Schultz heard from both the FBI and Department of Homeland Security she told them to get lost.

Refusing help at the time, or impeding efforts to help at the time, should be taken into consideration by the judge; not reacting because you don’t see any damages weakens your case if you decide to sue later.  Truthfully, the “damage” here is that Hillary lost, and who has ever heard of someone suing for losing an election (besides her friend Al Gore)?  Are all elections going to end up like this?

 

A politician has every right to challenge election results and demand a recount.  But I draw the line at skipping over a recount and going straight after a foreign country.   The only places that sue countries are The Hague and the World Trade Organizations.  Even the International Court of Justice/World Court only goes after individuals.

News Flash: Democrats have no bounds whatsoever, be they legal or social. They can sue who they want, where they want, when they want; and can call everybody who voted Trump deplorable uneducated racists. Sounds fair.

The law firm on behalf of the DNC, Cohen Milstein Sellers & Toll could have saved some time by copying the charges leveled in 2015 at three Russian hackers that hacked Yahoo.   The defendants broke into Yahoo with the intent of downloading private user data – with the intent to sell.  All the charges are listed against the three here.  This lawfirm might not be up on the latest cybercrimes. To wit, Chattel.

Another positive – aside from being funny – is that Hillary didn’t think of it first. She didn’t ask for a recount or contest the Election results. She just wrote a book and went on tour; which was also funny. Still is.  And with this DNC lawsuit they are naming names and filing old common law Torts, unlike Hillary who has a new person, or outdated societal cultural fiction to blame every other day.

 

See the list of Defendants below, and read the DNC Complaint here..

 

 


 

About the Author

William Cunningham is an Intellectual Property and Financial Services professional. He had a 15 year career at Thomson Reuters in the IP, Trademark and Copyright division, as well as the Global Financial Markets and Risk business unit. He lives in Massachusetts with his dog Winston-Montgomery.

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