by Van Irion
What do politicians, lawyers, and pigs have in common? They all squeal louder when you hit a sensitive spot. Apparently our Certification Class Action lawsuits are hitting a sensitive spot.
Last week the DNC filed a motion for sanctions against me. They accuse me of an “inexcusable attempt to perpetrate a fraud on the Court.” They claim that I colluded with unnamed members of the Tennessee Republican Party to name a sham organization so that LLF could get a default judgment against a defendant with “Democratic” in its name. They also accuse me of asserting frivolous legal claims.
Note that this motion is not against LLF or any other party to our lawsuit. This is a personal attack against me. It’s an attack against my personal reputation and my license to practice law.
Let me be clear: The DNC’s accusations against me are false.
You all understand our legal claim: that the Supreme Court defined “natural born citizen;” that the court’s definition is still good law; and that the court’s definition leaves Obama constitutionally ineligible to serve as President. Many courts, scholars, books, and law review articles have acknowledged that the correct definition of NBC is still a legitimate legal argument. With this in mind you also understand that the DNC’s second accusation, that our legal argument is frivolous, is itself frivolous.
Shockingly, the DNC’s first accusation is more absurd that its second accusation. Accusing me of perpetrating a fraud on the court would be hilarious if it wasn’t such a serious charge. I hate corruption and deception. I’ve dedicated my professional life to rooting out and exposing corruption in high places. I do not use the tools of corruption and deception to expose corruption and deception.
The DNC’s only grounds for their absurd accusation is that no one knows who set up one of the organizations that LLF named as a defendant (known as the National Democratic Party of the USA, Incorporated); LLF attempted to serve the NDPUSA first; and when we couldn’t locate them we filed for a default judgment against the NDPUSA. That’s it. That’s all. The DNC has nothing else to support its accusation.
The DNC claims that LLF wanted to get a default judgment against the NDPUSA for publicity purposes. Of course they don’t explain why, if this were true, we failed. If LLF had set this up as a fraud why were we unable to locate the NDPUSA? We weren’t able to get a default judgment against the NDPUSA because we couldn’t serve this defendant. If our goal was to get a default judgment against a scam organization, why would we name an organization that we couldn’t locate? The DNC implies that I know someone associated with the NDPUSA and that I colluded with them to get a default judgment against the NDPUSA. But if that were true, I should know how to locate and serve the NDPUSA. If I had set this up as a fraud on the court, wouldn’t I know how to contact the scam organization that I allegedly helped to set up?
The truth is that we still don’t know who set up the NDPUSA. It could be a scam perpetrated by the Tennessee Republicans, or the Tennessee Democrats, or someone else completely. We simply don’t know. That is why we wanted to get a default judgment against this organization. A default judgment would have forced the organization to show up in court, or accept the judgment and injunction against them. If they are working with the DNC, a default judgment would have effectively prevented them from certifying Obama. If they’re not working with the DNC, then the NDPUSA wouldn’t have cared about the default judgment.
But here’s the really interesting part: the DNC shouldn’t care about the NDPUSA or a judgment against the NDPUSA. If the NDPUSA truly has nothing to do with the DNC, then a judgment against it will have no effect on the DNC. So, why does the DNC care? We don’t know. That is why we wanted to get a default judgment against the NDPUSA.
The DNC understands all this because we explained it to them. They filed their motion for sanctions against me anyway.
The DNC’s motion for sanctions against me is a very serious and dangerous thing. If our judicial system was working properly I would not be concerned because I’ve done nothing wrong. I’ve simply done my job. The DNC has no evidence to support its accusations. Their legal arguments are laughable. If our judicial system was working properly no attorney would ever have filed this motion against me.But that’s the problem. Our judicial system is broken. Liberty Legal Foundation exists to try to fix that system. Unfortunately the system we are trying to save may turn on us now. The DNC is squealing louder. Now we wait to see if the court will do justice, or if we’ve hit its sensitive spot too.
My ability to continue practicing law is being threatened. My ability to continue advocating for the Constitution is under attack. We need your support now more than ever.
I will almost certainly be required to travel to Phoenix Arizona to defend myself at a hearing before Federal Judge Susan Bolton (yes, that Judge Bolton). Please continue to support LLF. Please tell all your friends and family about the DNC’s latest attack and ask them to support our efforts by becoming a member of the Certification Class Action.
Van Irion, Founder
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