The lawsuit centers around the DNC bylaw Article 5, Section 4 notes that the organization must remain neutral throughout the nominating process.
“In the conduct and management of the affairs and procedures of the Democratic National Committee, particularly as they apply to the preparation and conduct of the Presidential nominating process, 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.”
From verbiages of campaign emails to interviews from Wasserman-Schultz in the media that there has been suspicion that Democratic Party was throwing the election for Hillary even though Martin O’Malley, Jim Webb, Lincoln Chafee, and Bernie Sanders were running for President.But a suspicion is not knowledge of an actual fact. No one knew the facts until the emails regarding the fraud exposed and released by hacker Guccifer 2.0 were made public. Here is the latest from the plaintiff’s lawyers on DNC fraud lawsuit on Facebook:
UPDATE: DNC AND DEBBIE WASSERMAN SCHULTZ’ RESPONSE TO COMPLAINT
Defendants have moved (requested) the court to dismiss the complaint. They are moving under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). https://www.law.cornell.edu/rules/frcp/rule_12
Documents (docket numbers 44, 45, 46, 47 and 48) are available for download:
September 21, 201644
44 Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint
September 21, 201645
45 Declaration of Patrice Taylor
September 21, 201646
46 Declaration of Elisabeth C. Frost
September 21, 201646
46-1 Exhibit 1
September 21, 201646
46-10 Exhibit 10
September 21, 201646
46-11 Exhibit 11
September 21, 201646
46-2 Exhibit 2
September 21, 201646
46-3 Exhibit 3
September 21, 201646
46-4 Exhibit 4
September 21, 201646
46-5 Exhibit 5
September 21, 201646
46-6 Exhibit 6
September 21, 201646
46-7 Exhibit 7
September 21, 201646
46-8 Exhibit 8
September 21, 201646
46-9 Exhibit 9
September 21, 201647
47 Defendants’ Notice of Filing Proposed Order on Motion to Dismiss
September 21, 201648
48 Proposed Order on Motion to Dismiss
Jared Beck, an attorney who represents the plaintiffs, told LawNewz.com:“Our legal team is analyzing the DNC’s motion as we speak, and we are preparing our response on behalf of the Plaintiffs. Speaking just for myself, I will say that after reading the DNC’s motion, I am more convinced than ever about the merits of our claims, as well as the significance of this case to restoring integrity to our country’s democratic process.”