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July 30, 2019

Clinton-Appointed Federal Judge Dismisses Frivolous DNC Lawsuit Attempting to Claim that Trump Is Liable for Wikileaks Hacks of the DNC, But Also Dismisses Trump's Motion for Sanctions Over This Frivolous Lawsuit

Thanks to Tami.

Full opinion here, some key quotes below.

The DNC alleged several meritless theories by which it could claim that Trump was liable for the hack, including publicizing the leaks after the fact.

But the court points out that the press always publicizes leaks after the fact, and is not liable for the leaks. It notes the First Amendment protects this, and also notes a previous ruling that a trade secret, once publicized, is no longer a trade secret.

It also notes that there is no evidence for any kind of a "conspiracy" between Trump and RUSSIA.

Having read the conclusion with respect to sanctions: the court just hand-waves it and says that in its opinion, while the DNC filing is without merit, it can't be considered so completely meritless to warrant sanctions. It notes that sanctions against a plaintiff should only be imposed with extreme caution.

BREAKING: A federal judge DISMISSES the DNC's lawsuit against the Trump campaign, Russia, WikiLeaks et al. with prejudice, and DENIES the Trump campaign's sanctions motion.

Background on the lawsuit, via @CourthouseNews.

Opinion soon. pic.twitter.com/UfX38kjEC0
— Adam Klasfeld (@KlasfeldReports) July 30, 2019

As for the "second-level participants" in the alleged racketeering scheme, Koeltl says that they are shielded by the First Amendment from liability related to disseminating the stolen emails. pic.twitter.com/Z9mMOWl4YV
— Adam Klasfeld (@KlasfeldReports) July 30, 2019

Judge Koeltl, a Clinton appointee, cited the Pentagon Papers case in finding that there could not be liability for the publication of stolen materials. pic.twitter.com/29BO6BXS8I
— Adam Klasfeld (@KlasfeldReports) July 30, 2019

posted by Ace of Spades at 06:01 PM

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The DNC alleged several meritless theories by which it could claim that Trump was liable for the hack, including publicizing the leaks after the fact. But the court points out that the press always publicizes leaks after the fact, and is not liable for the leaks. It notes the First Amendment protects this, and also notes a previous ruling that a trade secret, once publicized, is no longer a trade secret. It also notes that there is no evidence for any kind of a "conspiracy" between Trump and RUSSIA. Having read the conclusion with respect to sanctions: the court just hand-waves it and says that in its opinion, while the DNC filing is without merit, it can't be considered so completely meritless to warrant sanctions. It notes that sanctions against a plaintiff should only be imposed with extreme caution. BREAKING: A federal judge DISMISSES the DNC's lawsuit against the Trump campaign, Russia, WikiLeaks et al. with prejudice, and DENIES the Trump campaign's sanctions motion. Background on the lawsuit, via @CourthouseNews. Opinion soon. pic.twitter.com/UfX38kjEC0 — Adam Klasfeld (@KlasfeldReports) July 30, 2019 As for the "second-level participants" in the alleged racketeering scheme, Koeltl says that they are shielded by the First Amendment from liability related to disseminating the stolen emails. pic.twitter.com/Z9mMOWl4YV — Adam Klasfeld (@KlasfeldReports) July 30, 2019 Judge Koeltl, a Clinton appointee, cited the Pentagon Papers case in finding that there could not be liability for the publication of stolen materials. pic.twitter.com/29BO6BXS8I — Adam Klasfeld (@KlasfeldReports) July 30, 2019 posted by Ace of Spades at 06:01 PM \| Access Comments <script language="javascript" src="http://adserver.adtechus.com/addyn/3.0/5235/1131537/0/170/ADTECH;loc=700;cookie=info;target=_blank;key=key1+key2+key3+key4;grp=[group]"></script><noscript><a href="http://adserver.adtechus.com/adlink/3.0/5235/1131537/0/170/ADTECH;loc=300;key=key1+key2+key3+key4;grp=[group]" target="_blank"><img src="http://adserver.adtechus.com/adserv/3.0/5235/1131537/0/170/ADTECH;loc=300;key=key1+key2+key3+key4;grp=[group]" border="0" width="300" height="250"></a></noscript>	Recent Comments Puddleglum at work: "'Taking Chance" is an excellent Memorial Day movie ..." 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