Yes, there’s another big hearing in SDNY—today, the DNC’s racketeering lawsuit against the Trump campaign, Russia, Assange and others heads to court.
Oral arguments over dismissal & sanctions motions.
Live-coverage from me at 3 p.m @CourthouseNews.
Trump wants DNC to face sanctions for pursuing this suit after the Mueller report. DNC replies it's based on a misreading of the report and civil v. criminal law. courthousenews.com/selectively-qu…
Some takeaways:
* Defendants wanted judge to take judicial notice of Mueller report; DNC did not.
* No ruling on the motions, but Judge Koeltl asked sharp q-s at heart of DNC's case.
* DNC does not allege any of the defendants outside of Russia *executed* the hacks, rather than encouraged them and disseminated the stolen emails.
* First Amendment concerns on publication, in series of questions likening to WaPo.
* DNC alleges trade secrets violations, and the parties wrangled on what qualified as a trade secret, such as the party's voter data.
* Whether Foreign Sovereign Immunities Act applies.
* What qualifies as a "predicate act" under RICO statute
Judicial notice refers to whether the judge may consider it in his dismissal motion. The DNC discouraged that consideration, and all of the defendants encouraged it.
Here are some notable quotes form the attorneys summarizing their positions.
"They didn't participate in the hacking. They didn't conspire in the hacking."
He ridiculed the claims as "facially feeble" and "wild-eyed speculation."
George Papadopoulos's attorney Caroline Polisi called claims against her client "particularly anemic and borders on the absurd."
Dratel also made the argument that emails were published on DCLeaks and Word Press before WikiLeaks, to undermine trade secrets claim.
Sellers agreed "publication alone would not be sufficient," but he said WikiLeaks did more by "soliciting and encouraging."
This is when Koeltl pressed the WaPo analogies.
Such as the "shocking" Trump Tower meeting, Manafort/Gates passing on internal data to Konstantin Kilimnik ("a likely Russian spy").
More when the ruling is issued.
Have a great weekend.