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Overlooked class action against Democratic Party and Wasserman Schultz turns nasty (6m read)

Francisco Alvarado, FloridaBulldog.org, July 26, 2017

An ongoing legal battle playing out in Fort Lauderdale federal court over the Democratic National Committee’s presidential nominating process has devolved into accusations of harassment and intimidation conducted by unknown political operatives.

Last month, an attorney representing 150 Democratic voters in a little-noticed class action lawsuit against the DNC and its former chairwoman, U.S. Rep. Debbie Wasserman Schultz, sought court-ordered security guards for himself, his clients, and his co-counsels and their employees following a string of bizarre incidents in June, including strange phone calls and emails by individuals disguising their voices and a mysterious break-in at the home of one of the plaintiffs.

On June 15, Senior U.S. District Judge William Zloch denied Fort Lauderdale lawyer Cullin O’Brien’s motion after determining that his request would overburden the U.S. Marshals Service because the plaintiffs reside in 45 states and Washington, D.C. The judge also noted that O’Brien had not provided any evidence directly linking the incidents to the DNC and Weston-based Wasserman Schultz.

“The undertaking would in all likelihood require the entire U.S. Marshals Service to direct all of its efforts and attention to this specific case,” Zloch wrote in his order.  “The Court notes that plaintiffs’ motion contains absolutely no factual nexus between Defendants and the conduct set forth in the motion.”

O’Brien did not respond to two phone messages and an email request for comment. Mark Caramanica, an attorney for Wasserman Schultz, referred questions to DNC lawyers Bruce Spiva and Marc Elias, who also did not return two phone messages and emails requesting comment.

Elizabeth Beck, an attorney for the plaintiffs, told Florida Bulldog that it was not her legal team’s intent to show that the DNC and Wasserman Schultz were involved in the incidents. “We are not saying the DNC or the congresswoman ordered the harassment against us, the plaintiffs and our staff,” Beck said. “We don’t know who is doing it, but it did happen.”

The stakes are high for the DNC and Wasserman Schultz. The complaint accuses both of fraud, negligent misrepresentation, unjust enrichment, breach of fiduciary duty and negligence by rigging Democratic primaries to favor former Secretary of State Hillary Rodham Clinton over U.S. Sen. Bernie Sanders. More than half of the plaintiffs are Sanders supporters who donated money to his campaign. The lawsuit claims the 150 Democrats are entitled to punitive damages in addition to refunds for their political donations.

Despite the explosive accusations in the lawsuit and the subsequent motion seeking court-ordered protection, there has been no coverage of the case in mainstream media outlets, including South Florida’s newspapers, since it was filed in June 2016.

‘Funny Business’

Beck and her husband, Jared Beck, are Miami-based personal injury lawyers who decided to support Sanders in early 2016. “I was phone banking and also hosted phone banks to teach other people,” Elizabeth Beck said. “I joined a lot of Facebook groups where I was sharing information and political memes. That’s when I started hearing about all this funny business happening during the primaries in various states.”

She said her suspicions that the DNC was in the tank for Hillary Clinton were confirmed when Russian hackers publicly released internal documents from the committee on the Internet. “The lawsuit was filed based on that information,” Beck said. “Everyone, including the people who hired us, reached the same conclusion that the process was rigged.”

Beck also launched a Facebook page that has grown to more than 57,000 followers and started the political action committee JamPAC. She uses the JamPAC’s website to post updates and documents related to the lawsuit.

According to the 39-page complaint, the DNC and Wasserman Schultz violated DNC’s charter and bylaws that say the party chair “shall exercise impartiality and evenhandedness” and “shall be responsible for ensuring that the officers and staff of the DNC maintain impartiality and evenhandedness.” Further, that while Wasserman repeatedly made public statements between September 2015 and May 2016 that she was committed to running a neutral primary, the congresswoman and the DNC was on team Clinton from the beginning of the 2016 presidential election cycle, the lawsuit claims.

To support their claims, the plaintiffs cited internal DNC documents obtained by Russian hackers and published on the Internet by purported hacker Guccifer 2.0. For example, on May 26, 2015 the DNC issued a memo outlining the party’s goals in providing a contrast between the “GOP field and HRC [Hillary Rodham Clinton].” The memo also added the DNC would use “specific hits to muddy the waters around ethics, transparency and campaign finance attacks on HRC.”

The DNC has confirmed that the emails are legitimate.

During an April 25 motion hearing, DNC lawyer Spiva argued the plaintiffs don’t have standing to bring the lawsuit because the courts don’t have jurisdiction over how political parties decide to pick their candidates. “The Supreme Court and other courts have affirmed the party’s right to make that determination,” Spiva said. “Those are internal issues that the party gets to decide basically without interference from the courts.”

DNC ‘not obligated’ to follow own rules

The DNC is not obligated to follow its charter and its bylaws, Spiva added. “We could have voluntarily decided that we’re gonna go into back rooms like they used to do and smoke cigars and pick the candidate that way,” he said. “That’s not the way it was done. But they could have. And that would also have been their right.”

Beck told Florida Bulldog she was taken aback by Spiva’s legal argument since Wasserman Schultz had always denied the DNC was playing favorites. “It’s a pretty outrageous position to take,” she said. “It was very different from what the congresswoman had been saying on national TV during the primaries.”

A little over a month later, things got even more strange. On June 1, Beck sent an email to DNC attorneys to inform them that her secretary had received a phone call from an unknown individual seeking information about the case. “The caller refused to identify himself/herself,” Beck wrote. “My secretary stated that it sounded like the caller was using a voice changer because the voice sounded robotic and genderless.”

Beck also noted that the phone number that showed up on the caller ID was the same one for Wasserman Schultz’s Aventura district office. According to a June 1 reply filed in court by the congresswoman’s lawyers, Wasserman Schultz had no knowledge of the call being made and did not authorize it.

“Further, it is highly unlikely that the call did in fact originate with that office, as no one is currently working in the office associated with the subject number — or has anyone been working there for several months — due to ongoing repairs,” the reply states. “Given that the matter involves congressional phone lines, the incident has been reported to Capitol Police.”

The following day, Fort Lauderdale attorney O’Brien received three phone calls from an unknown number from a person who identified himself only as “Chris” inquiring about the lawsuit, according to the motion requesting protection. During the second phone call, “Chris” allegedly said, “This is bigger than you and your family and your law partners” and made a reference to news about the mysterious death of Assistant U.S. Attorney Beranton Whisenant in Fort Lauderdale. O’Brien also submitted under seal 11 emails allegedly sent by “Chris.”

Whisenant’s body was spotted floating just off Hollywood beach shortly before dawn on May 24. The cause of death has not been released, but the Miami Herald has reported that Hollywood police have said Whisenant suffered some trauma to his head.

On June 3, plaintiff Angela Monson from Dassel, Minn., said she woke up around 5:45 a.m. to use her laptop computer only to find it in a different spot from where she had last left it, which she thought was odd, according to an affidavit she filed as part of the motion for protection. “When I plugged in my laptop, it made a snapping noise and did not turn on,” Monson said. “When I turned it over, the bottom cover of the laptop fell off.  I then noticed that the bottom cover, which is attached to the laptop with 10 screws, had all the screws missing.”

After noticing that two patio doors she had locked the night before were unlocked, Monson called local police to file a report about a possible break-in, her affidavit states. The same day, O’Brien claims he received a call from the far-right militia group Oath Keepers offering him and his clients protection.

Learn more about the DNC Lawsuit

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