April 20, 2018

WORST. LAWSUIT. EVER. As David Bernstein pointed out here, the DNC filed a lawsuit against, well, everybody they don’t like. I’ve read the papers and the legal term for this Complaint is “batsh*t crazy.” Leaving out the fact that they’ll never be able to properly serve most of the defendants, the key thing is if they get a judge inclined to stick to Second Circuit law, this complaint has to be dismissed. The days when you could file a thin Complaint just in the hopes of getting discovery are long over.

The Court has adopted widely a doctrine called “Iqbal/Twombly” which means that mere allegations of facts don’t cut it: there has to be enough factual foundation in the Complaint to make a plausible claim. Every “factual” allegation of consequence in this Complaint is unproven speculation. The Iqbal doctrine requires a complaint to allege facts that, if proven, would support the relief requested and to show that the alleged facts are “enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).”

This case is more than a publicity stunt. It’s become clear even to the most ardent Trump haters that there’s simply no evidence of Russian “collusion” and the focus moved to Stormy Daniels. This is an effort to reanimate the “Russian collusion” narrative.

Of course, because it’s in a judicial pleading, any re-reporting on it is absolutely immune in libel, and its being filed at all is a news peg, so it’s pretty much Tom Perez’ gift to MSNBC and others, allowing them and others to re-tell the “Russia collusion” story as if it had more credibility.