Posted on 07/11/2016 2:37:52 PM PDT by Mechanicos
"For the foregoing reasons, judgment will be entered in Correll'sfavor on Counts I and II and the Commonwealth will be permanently enjoined from enforcing Va.Code§ 24.2-545(0)."
Federal Court just UNBOUND the delegates for Virgina.
https://dl.dropboxusercontent.com/u/3174287/Correll.pdf
(Excerpt) Read more at dl.dropboxusercontent.com ...
Agree, that the delegates are irrelevant. They aren’t needed if the number for winning has been reached.
Delegates Remain Committed to Donald J. Trump;
Anti-Trump Effort Dealt Crippling Blow(New York) July 11, 2016 - Senior United States District Judge Robert E. Payne today ruled in favor of Trump campaign delegates who had argued - in line with overwhelming public opinion - that RNC delegates must follow election results and that delegates cannot be stolen at the national convention. Delegate Beau Correll, Jr., had brought the suit against the Commonwealth of Virginia hoping to reject the will of the voters, but was soundly defeated.
Specifically, the Court found that RNC Rule 16, which binds delegates based on their election results, "is in effect presently and that it controls the allocation and binding of delegates as to their voting at convention." (p. 6) The Court held that the PlaintiffaEUR(TM)s "expert testimony" from Erling 'Curly' Haugland was not credible, lacked "textual support," (p.6) and that "delegates are bound by RNC Rule 16." (p. 7)
Further, the Court found that by signing the "Declaration and Statement of Qualification," RNC delegates are bound by RNC Rule 16(c)(2) (p. 10), and that this Declaration obligated Correll to vote in accordance with Republican Party rules and Virginia's election results. (p. 46)
Trump Campaign Attorney and former FEC Chairman Don McGahn issued the following statement:
"The court has confirmed what we have said all along: Rule 16 is in effect and thus delegates, including Correll, are bound to vote in accordance with the election results. The court did not buy what Curly Haugland was selling, and noted that his testimony has no support in the rule's text and was contradicted by his own book, Unbound. This case puts his unbound theory to rest, and is a fatal blow to the Anti-Trump agitators."
How did the judge deal with the fact that it is state legislatures empowered explicitly in the constitution to select electors?
Doesn’t the constitution put the selection of electors explicitly in the hands of state legislatures?
Wow, I wonder if the Electoral College “voters” can be unbound now too. If this stands then it looks like elections are now a thing of the past. Just let the ruling class select the who gets to be government at the federal, state and local levels.
:)
This ruling, while widely bally-hewed by the NeverTrumps, does nothing to further their insurgency.
I think this is accurate. Trump will get the delegates he was awarded in each primary including VA. The national RNC rules still say each delegate is bound to vote for the candidate they were chosen for on the first ballot.
There is zero chance that Trump will not be nominated at the convention next week.
Oh ok,....so let me see if I understand.
The judge isn’t interfering with the party rules, he’s saying that actual state law can’t trump political party (a private entity) rules?
Is that like saying if you start a private club or group, the state laws can’t subvert your club rules? I know I’m dumbing it down, but that’s the best way to understand it.
Is that right?
But wasn’t that decided in the 2012 convention? Aren’t those rules what people who signed up to run for president agreed to be governed by?
So glad to see that - thanks for posting. Have a safe trip.
I'd called Cong. Paul Ryan the other day (202) 225 - 0600 to demand that he stop badmouthing Trump.
Ryan's own website says, "We need to be clear-eyed about who the enemy is." I said, "It's NOT Trump (you idiot)."
// Worth posting the entire contents of Trump’s statement.
Delegates Remain Committed to Donald J. Trump;
Anti-Trump Effort Dealt Crippling Blow //
Bump that - thanks for posting.
Actually it has a core 1st Amendment right. Precedents already existed that the state may not interfere with the internal operations of political parties, so this ruling really wasn't a surprise.
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Right. The ruling didn’t unbind all the delegates. It recognized that the party rules require proportional representation. The problem was that the state law required winner take all and was in conflict with the party rules. The court recognized that the state has no say in this and it’s up to the party.
According to the party rules the Virginia delegates are not unbound, they are required to vote proportionally. However the party can change the rules if it so desired.
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Which is almost, but not quite, the truth.
Trump's side tried to get the judge to uphold the Virginia law that required all the delegates vote for Trump. The court ruled that the party decides that. Since the party rule is proportional voting, he can say they are "bound to follow election results", even though he really lost that point.
Some phone numbers that might come in handy at post 173
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