Tag: U.S. District Court

Why the Bernie Sanders campaign probably has a solid case against the DNC

Although I am not an attorney, having read the lawsuit filed by the Bernie Sanders presidential campaign against the Democratic National Committee (DNC) over the ongoing voter list controversy, it’s pretty clear to me that the DNC and their voter list vendor did not follow proper procedure for dealing with the breach of the DNC master voter list.

Paragraph 13 of the lawsuit (pages 3-4) quotes part of the agreement that the Bernie campaign signed with the voter list vendor:

In view of the national political importance of the Campaign — and by extension, the importance of the Voter Data and the Agreement — the Agreement substantially restricts both Parties’ rights of termination to cases of prolonged and voluntary breach. The Agreement states, in relevant part:

Either party may terminate this Agreement in the event that the other party breaches this Agreement; the non-breaching party sends written notice to the breaching party describing the breach, and the breaching party does not cure the breach to the satisfaction of the non-breaching party within ten (10) calendar days following its receipt of such notice.

That is a very important part of the Bernie campaign’s argument, since this is clearly a contract law case.

Paragraph 14 (page 4) describes how what was outlined in Paragraph 13 is the only legal method of stripping the Bernie campaign of access to the voter list:

The Agreement does not permit either Party to suspend its performance of the Agreement prior to terminating the Agreement in accordance with the provision above.

In other words, the only way that the DNC and their vendor can legally deny Bernie access to the voter files is through the ten-day process described in Paragraph 13.

Paragraphs 20-22 (page 5) describes the glitch in the voter list database that allowed the breach to take place:

On the morning of December 16, 2015, NGP VAN released a modification (the “Release”) to the software that the Campaign and other candidates use to access Voter Data.

This Release contained a critical security flaw (the “Bug”) that allowed the Campaign and other presidential candidates to view Confidential Information disclosed by competing campaigns.

The Bug was resolved within approximately four hours, by the afternoon of December 16, 2015.

Paragraph 24 (page 6) outlines the Bernie campaign’s role as the breaching party:

Before the Bug could be resolved, several staff members of the Campaign accessed and viewed Confidential Information (the “Disclosed Information”) disclosed to the DNC by the 2016 campaign of Democratic presidential candidate Hillary Clinton (the “Competing Campaign”).

Paragraph 27 (page 6) describes the DNC’s violation of the contract between the vendor and the Bernie campaign:

On December 17, 2015, at approximately 2:47 p.m., the DNC suspended or terminated the Campaign’s Voter Data access. The suspension or termination of the Campaign’s access was undertaken without contractual cause, and in contravention of the Agreement’s termination protocols.

To put that another way, the DNC suspended the Bernie campaign’s access to the master voter list only one day after the breach occurred, and without following the ten-day process for terminating the contract outlined in the contract between the Bernie campaign and the voter list vendor. I’m not an attorney, but this looks like a solid case for the Bernie campaign.

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The last progressive victory of 2014: Far-right Obama judicial nominee Michael Boggs will NOT be confirmed or re-nominated

Michael Boggs, a former right-wing Democratic Georgia State Representative (yes, there used to be right-wing Democrats in office in Georgia and other Southern states), will not be confirmed by the U.S. Senate and will not be re-nominated by President Barack Obama to a lifetime term to a federal judgeship on the U.S. District Court for the Northern District of Georgia.

While this isn’t a pretty victory by any stretch of the imagination, since there’s still a large number of federal judicial vacancies, this is a progressive victory because Boggs would have been a rubber stamp for the Republicans’ far-right agenda had he been confirmed as a federal judge.

When Boggs ran for and won a seat in the Georgia House of Representatives, Boggs campaigned as an ultra-conservative, supporting the gun lobby’s dangerous agenda, the Confederate flag, and school prayer and opposing openly-gay Boy Scout leaders, reproductive rights, and marriage equality. During his 2000 campaign, Boggs’s campaign distributed this flyer touting his pro-discrimination and anti-equality views on social issues and stating that he was running as a Democrat simply to get a committee chairmanship and advance far-right legislation (at the time, Democrats controlled the Georgia House of Representatives). More importantly, as a Georgia State Representative, Boggs built up a right-wing, pro-discrimination, and anti-equality voting record that is far out of line with what is expected of Democrats of today’s Democratic Party.

Michael Boggs’s bid to be a federal judge is, at least for the next two years, is over, and this is the last progressive victory in 2014. While I expect very few progressive victories in 2015, given that Republicans will have increased power in Congress and in numerous state governments, I hope that us progressives score some victories, and I wish everyone a safe and happy New Year.