'Never Trump’ Convention Delegates Win In Court

[Just_Victor]

http://dailycaller.com/2016/07/11/never-trump-convention-delegates-win-in-court/
Kerry Picket    7:39 PM 07/11/2016

CLEVELAND, Ohio — Those Republicans hoping to vanquish Donald Trump from the nomination process on the convention floor next week received good news from a federal court in Virginia Monday.

According to a statement from the organization known as Delegates Unbound, a verdict was reached on the right of delegates to vote for whichever presidential candidate they wish at the convention as opposed to casting their ballots that follow the state primary results.

Judge Robert E. Payne ruled in favor of Virginia Republican delegate Beau Correll, who sued the Commonwealth to allow Virginia delegates at the GOP convention to cast their votes for the candidate of their choice on the first ballot instead of the winner of the Republican state primary, Donald Trump.

Trump, who won a plurality in Virginia’s primary with 34 percent of the vote last March, could not find delegates in the state to win the majority of slots at the state party convention back in April. Those posts were won by delegates supporting Ted Cruz.

“The right of delegates to vote their conscience won today,” declared Delegates Unbound co-founder Eric O’Keefe. “The Trump campaign joined forces with the Democratic party to strip delegates of their authority over the presidential nomination process, in opposition to the entirety of Republican Party history and the Constitution.”

more

[Mechanicos]

Uh no they lost big.

[Right_in_Virginia]

Uh no they lost big.

They're obviously not ready to hear the truth.   

[Mechanicos]

They're obviously not ready to hear the truth.   

In fantasy land where the Anti's dwell, everything is inverted and made to fit what they want the world to be like. In La La Land Trump is worse then Hillary, Anti-Trumps are the majority, the Primary never happened, and conservatives do not support Trump, etc....

[Just_Victor]

Uh no they lost big.

The Judge ruled in favor on the first two of five counts in the case.  The article didn't detail the other three counts.  But the first two counts are that the party cannot strip delegates of their right to "free speech" (count 1), or "free association" (count 2). Please present evidence if you want to convince anyone of anything.

[Jazzhead]

A political party is not a democracy.  It is an organization with a purpose - to win elections.   It is madness for a political party to nominate a candidate that is so unpopular with the general electorate that he will lose in a landslide,  especially when the need for political victory is so crucial - to keep Clinton out of the White House. 

So much is at stake in this election.   Ruth Bader Ginsburg said the other day in an interview, in an extraordinary political call to arms by a sitting Justice,  that she is eager to overturn the Heller decision that found an individual right to keep and bear arms.   With Hillary as President, she will have the chance to do so.  And we all know that's just the tip of the iceberg.

If Trump's the nominee,  it will lead to a decade or more of liberal hegemony.  The delegates aren't stupid - they know what's at stake, and know that Trump's an invitation to suicide.   

This is the last chance we've got folks.  Trump must be denied the nomination and a suitable compromise candidate found.

If you're #NeverHillary, you must be #NeverTrump.     

[Mechanicos]

The Judge ruled in favor on the first two of five counts in the case.  The article didn't detail the other three counts.  But the first two counts are that the party cannot strip delegates of their right to "free speech" (count 1), or "free association" (count 2). Please present evidence if you want to convince anyone of anything.

@Just_Victor to save time read the other threads on this.

Here close to then end: http://www.gopbriefingroom.com/index.php/topic,215569.0.html
Here where the Anti-Trump massive loss is detailed with case sites and law:
http://www.gopbriefingroom.com/index.php/topic,215626.0.html
Here where the same position as yours was taken and debunked:
http://www.gopbriefingroom.com/index.php/topic,215603.0.html

To sum it up tho and catch you up to speed:

The only thing the Judge did was strike the State Statute that would have allowed criminal prosecution. He Affirmed the National Rules that bind the delegates to vote as their State primary directed them too.


   

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 Plaintiff’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)

So the delegates are still bound, The State Party and National Party can enforce their rules on the delegates. The Delgates have no right to vote as they wish. RNC binding Rules control.

Bottom line the only thing that changed is the State government cannot prosecute the delegates for violating that statute. But the State Party and National party can enforce the agreement the delegates signed and the rules on binding delegates.

[Just_Victor]

@Just_Victor to save time read the other threads on this.

Here close to then end: http://www.gopbriefingroom.com/index.php/topic,215569.0.html
Here where the Anti-Trump massive loss is detailed with case sites and law:
http://www.gopbriefingroom.com/index.php/topic,215626.0.html
Here where the same position as yours was taken and debunked:
http://www.gopbriefingroom.com/index.php/topic,215603.0.html

To sum it up tho and catch you up to speed:

The only thing the Judge did was strike the State Statute that would have allowed criminal prosecution. He Affirmed the National Rules that bind the delegates to vote as their State primary directed them too.


   

So the delegates are still bound, The State Party and National Party can enforce their rules on the delegates. The Delgates have no right to vote as they wish. RNC binding Rules control.

Bottom line the only thing that changed is the State government cannot prosecute the delegates for violating that statute. But the State Party and National party can enforce the agreement the delegates signed and the rules on binding delegates.

Thanks.


I've actually read through two of those three threads.  I would not say that anything is debunked.  The thread you started is just a Trump campaign press release, and not a legitimate objective analysis.

It appears that the delegates cannot be criminally prosecuted or otherwise held legally accountable for voting their conscience in violation of party rules.  The rules are still in effect, and the party can sanction violators as it chooses under the rules of the convention.  Rules which are not yet settled, since the rules committee has yet to meet and vote on the rules.

You are correct in that Rule 16 was not vacated by the judge.  Good news for Trump.  It does not make for a yuuuuuuge win.  Both sides seem to be able to find something positive, and are thus claiming victory.


Thanks again, I appreciate your effort to provide information instead of just contradiction.




And, for the record, it's not my position.  It is the position of the article's author.  I'm just posting news without comment on my agreement or not.

[Mechanicos]

Thanks.


I've actually read through two of those three threads.  I would not say that anything is debunked.  The thread you started is just a Trump campaign press release, and not a legitimate objective analysis.

It appears that the delegates cannot be criminally prosecuted or otherwise held legally accountable for voting their conscience in violation of party rules.  The rules are still in effect, and the party can sanction violators as it chooses under the rules of the convention.  Rules which are not yet settled, since the rules committee has yet to meet and vote on the rules.

You are correct in that Rule 16 was not vacated by the judge.  Good news for Trump.  It does not make for a yuuuuuuge win.  Both sides seem to be able to find something positive, and are thus claiming victory.


Thanks again, I appreciate your effort to provide information instead of just contradiction.

I read the entire order. The only thing positive for the Antis was that the VA Statute could not be used to criminally prosecute them if they violated the statute to vote winner take all. However, the delegates lost all arguments that they could vote as they wished, that they were not bound, that they had First Amendment rights to vote independent of the Primary results, etc. The arguments of the Antis from the book "Unbound" were completely rejected and the author was found not credible.

There were three vehicles binding the delegates to vote as the State Primary required them to too.  The State Statute requiring them to vote winner take all instead of proportional, the State Party rules with a written and signed agreement binding them to vote per the Primary results and the National Rules binding them to vote per the results of the State Primary. The Plaintiffs (entire class) stipulated they were not challenging the State Party nor the National Party binding rules.

The Court specifically rejected all arguments the delegates could vote their conscious, that there were unbound and that they were the masters of their votes. The ruling only removed the ability of the State government to criminally prosecute delegates who did not vote winner take all. It specifically held the State Party and National party could enforce the binding rules under civil penalties.