Showing posts with label Bruce Fein. Show all posts
Showing posts with label Bruce Fein. Show all posts

Friday, October 7, 2016

Court to hear FEC Debates challenge - in 2017

Libertarian Debate News: L.P. To Get a Day in Court Against Debate Access Restrictions, But Too Late for 2016; Florida Senate Candidate Paul Stanton Excluded from Debate - Hit & Run -  Reason.com - Brian Doherty:

October 6, 2016 - "The Libertarian Party, as I detailed back in May, was involved in two distinct lawsuits that could have resulted in presidential candidate Gary Johnson getting into the presidential debates.

"One of them, Johnson v. Commission on Presidential Debates, .... is now, according to lawyer Bruce Fein in an email today, 'on appeal in the United States Court of Appeals for the District of Columbia Circuit. No briefing schedule has yet been issued and thus no oral argument date.'

"A second lawsuit, targeted specifically at the Federal Elections Commission for its alleged failures to properly curb the Commission on Presidential Debates, had been awaiting a decision on motions for summary judgment from both parties for months. Its official name is Level the Playing Field v. FEC.

"Level the Playing Field is a 'nonpartisan, nonprofit corporation not affiliated with any candidate or candidate committee…[whose] purpose is to promote reforms that allow for greater competition and choice in elections for federal office, particularly for the Presidency and Vice Presidency.' The Libertarian Party and Green Party are also plaintiffs in that suit.

"This week, a date was announced for oral arguments on the motions for summary judgment. The catch: they are set for January 7, 2017, too late to affect the debates before the 2016 election....

"The latest motion for summary judgment argues that the CPD has always been a deliberated duopoly for the two major parties and has 'been violating FECA and FEC regulations limiting debate-sponsoring organizations' ability to use corporate funds to finance their activities' since its efforts are not truly 'nonpartisan.' The suit accuses the FEC [of] 'refus[ing] to enforce the law and ignored virtually all of this evidence in conclusorily dismissing the complaints even though there is plainly reason to believe that the CPD is violating FECA'....

"The suit accuses the CPD's 15 percent polling requirement to be admitted to the debate as being effectively 'impossible for an independent candidate who is not a self-funded billionaire to achieve'....

"The motion for summary judgment finally requests that:

The Court should grant summary judgment for Plaintiffs, and direct the FEC to do its job, which is to enforce the law and put an end to the CPD's biased, anti-democratic, and fundamentally corrupt and exclusionary polling rule.

Those arguments will now be made in court in front of Judge Tanya Chutkan, alas too late to matter for 2016 no matter the outcome.

Read more: http://reason.com/blog/2016/10/06/libertarian-debate-news-lp-to-get-a-day
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Wednesday, February 10, 2016

Trump vs Sanders best scenario for Libertarians says Johnson

Gary Johnson's 2016 presidential plans - Business Insider - Colin Campbell:

February 5, 2016 - "Former New Mexico Gov. Gary Johnson thinks Bernie Sanders and Donald Trump could be his ticket to having a significant effect on the 2016 race.

"'If the Libertarian candidate for president ever — ever! — has a chance of getting elected or getting prominence on the national stage to actually profess what is to be a Libertarian, it would be Bernie Sanders vs. Donald Trump,' Johnson told Business Insider in a recent interview....

"Johnson ran for president as a Republican in 2012 before changing teams and running as the Libertarian Party's nominee. He dropped by Business Insider's office at the end of last month to pitch his second campaign for the White House.

"'I don't want to be tilting at windmills, right? There are better things to do,' Johnson said. 'But in this case, I think that at the end of the day, I will end up being the voice of reason in all of this'....

"Johnson argued that either of the top-two Democratic presidential candidates — Sen. Bernie Sanders (I-Vermont) or former Secretary of State Hillary Clinton — would contrast well with a Libertarian contender if real-estate mogul Donald Trump were the Republican nominee.

"'None of this may transpire, right. But if Trump is the nominee, and if Hillary is the nominee — and I think there is certainty about Hillary, unless there's an assassination, and I'm not wishing that upon her — I think people are going to look to: "Well, what is the other choice?"' he predicted.

"'Keep in mind, too, that the biggest political affiliation in the United States is independent,' he added. 'Well, who is the third party? Well, the Libertarians are the third party. The Libertarians are going to be on the ballot in all 50 states.'

"Johnson also said he was suing to get into the general-election debates.... He said a prominent constitutional lawyer, Bruce Fein, had already filed a lawsuit against the Commission on Presidential Debates based on 'the notion that they are a business and that they collude with one another to exclude everyone else.'

"Johnson added: 'Our contention is that if you're on the ballot on enough states to be mathematically elected, then shouldn't you be included in the presidential debates?'"

Read more: http://www.businessinsider.com/gary-johnson-2016-presidential-plans-2016-2
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Friday, September 25, 2015

Libertarians, Greens to sue debates commission

Libertarians, Greens ready lawsuit against Commission on Presidential Debates - Washington Post -  David Weigel:

September 24 - "The Libertarian Party and Green Party and their 2012 candidates for president are readying a legal complaint against the Commission on Presidential Debates, hoping that a new legal argument -- an anti-trust argument -- will break the 'duopoly' that's dominated the stage.

"The legal complaint, which was sent early to The Washington Post, argues that a 'cognizable political campaign market' is being corrupted by the commission's rules. The commission, a private entity set up after the League of Women Voters' 1992 debates allowed third party candidate Ross Perot to participate, has withstood yearly assaults from the likes of Ralph Nader, Pat Buchanan, and former Congressman Bob Barr. None of them have gotten past a 1999 commission rule: No candidate gets onstage unless he or she is polling at 15 percent or better.

"Bruce Fein, the attorney for the new plaintiffs, argues over 43 pages that keeping them out of a 'multi-billion dollar' market violates 'antitrust laws, the First Amendment, and District of Columbia tort law.'

"'The unlawful agreement among Defendants has several illicit purposes,' writes Fein. 'The first is to acquire, maintain, and exercise duopoly control of the multi-million dollar market in organizing, promoting, sponsoring, and fundraising for holding national general election presidential and vice-presidential debates to artificially advantage the Democratic and Republican Party candidates... the second illicit purpose is to acquire, maintain, and exercise duopoly control over, and to exclude and severely undermine competition in, the multi-billion dollar market of organizing, promoting, fundraising for, and engaging in general presidential and vice-presidential election campaigns'....

"When the complaint is filed in the District of Columbia next week -- the precise date is pending -- Fein and his plaintiffs will join a crowd of people asking for lower debate thresholds. In March, with some fanfare, a few dozen old political hands launched a group called Change the Rule, asking for no real change to the commission beyond the softening of the 15 percent rule.

"Fein's group is going further, asking a court to rule that 'the fifteen percent criterion used by Defendants continues to violate the First Amendment' and for 'an order compelling the dissolution of the Commission and an injunction against any further boycott or other agreement in restraint of trade between the RNC and the DNC or any of their candidates or their agents.'"

Read more: http://www.washingtonpost.com/news/post-politics/wp/2015/09/24/libertarians-and-greens-ready-lawsuit-against-commission-on-presidential-debates/
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