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DNC vs Russian Federation, et al.
The plaintiff, the Democratic National Committee ("DNC"), brings this action against Donald J. Trump For President, Inc. ("the Campaign"); Donald J. Trump, Jr. ("Trump Jr."); Paul J. Manafort, Jr.; Jared C. Kushner; George Papadopoulous; and Richard W. Gates, III (collectively, the "campaign defendants"); Roger J. Stone, Jr.; the Russian Federation; Aras Iskenerovich Agalarov Emin Araz Agalarov; Joseph Misfud; Wikileaks; and Julian Assage.1
1 In the orginal complaint, the BNC also named as defendants the General Staff of the Armed Forces of the Russian Federation, the Rusian operative using the pseudonym Fuccifer 2.0, and 10 John Doe defendants. (Dkt. No. 1.) Those defendants wer not named in the Second [!] Amended Complaint. (Dkt. No. 217.)
But, as explained below, under the Foreign Sovereign Immunities Act, 28 U.S.C §1602 et seq. ("FSIA"), the Russian Federation cannot be sued in the courts of the united States for government actions, subject to certain limited exceptions not present in this case, just as the United States government generally cannot be sued in courts abroad for its actions. The remedies for hostile actions by foreign governments are state actions, including sanctions imposed by the executive and legislative branches of government.

The DNC seeks to hold the second-level participants in this alleged activity--the Campaign, the Campaign defendants, Wikileaks, Assange, the Agalarovs, Mifsud, and Stone--liable for dissemination of the stolen materials. But, as also explained below, the First Amendment prevents such liability in the same way it would preclude liability for press outlets that publish materials of public interest despite defects in the way the materials were obtained so long as the disseminator did not participate in any wrongdoing in obtaining the materials in the first place.
Therefore, for reasons explained below, the defendants' motion to dismiss the Second Amended Compaint is granted. ...

"yada, yada, yada"

Diversity is the key to economic and political evolution.
by Cat on Thu Aug 1st, 2019 at 08:59:31 AM EST

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