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Mon Aug 8, 2016, 04:59 PM

 

GOP still going after antother talking point against Hillary. They never give up.

Pat Smith and another mother of another one of the military killed in Benghazi just filed a Wrongful Death suit against Hillary in DC.

Here we go again. I hope it gets thrown out fast. It has already been debunked that Hillary was not negligent here but I bet they try to tie the e-mail shit to this also.

I can't even sympathize with these people any more.

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Reply GOP still going after antother talking point against Hillary. They never give up. (Original post)
glennward Aug 2016 OP
glennward Aug 2016 #1
stopbush Aug 2016 #2
Thinkingabout Aug 2016 #3
DURHAM D Aug 2016 #4
Thrill Aug 2016 #5
NCTraveler Aug 2016 #6
BlueMTexpat Aug 2016 #7

Response to glennward (Original post)

Mon Aug 8, 2016, 05:02 PM

1. I really think this Benghazi Wrongful Death suit against Hillary will back fire and be seen for just

 

what it is: an attempt to foil her rise in the polls. I think most Hillary voters are solidly behind her. Pat Smith is no Khan in my mind. And Hillary has been graciously quiet about her rantings.

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Response to glennward (Original post)

Mon Aug 8, 2016, 05:02 PM

2. Trump has a number of court cases looming.

This is simply a diversion to try to mute criticism of Trump on that front.

"Hillary's being sued, too." Typical RW bullshit.

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Response to glennward (Original post)

Mon Aug 8, 2016, 05:03 PM

3. The Republicans always remember to hate and dont have to be truthful.

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Response to glennward (Original post)

Mon Aug 8, 2016, 05:15 PM

4. Does Pat even have standing?

Is she his mother or step-mother?

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Response to glennward (Original post)

Mon Aug 8, 2016, 05:17 PM

5. I don't get why they think a friggin Sec of State

can be responsible for that. Unreal

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Response to glennward (Original post)

Mon Aug 8, 2016, 05:23 PM

6. My heart goes out to the families.

 

Tragedy often makes people vulnerable. Right wing groups will take advantage of them in any way possible. I'm not saying the individuals don't have responsibility with their own actions. Known and timely death is hard enough to grieve. Shit... I can't imagine what they have gone through mentally considering what happened.

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Response to glennward (Original post)

Tue Aug 9, 2016, 07:27 AM

7. This should last about five minutes before any credible federal judge

throws it out. Resoundingly.

Here is a copy of the complaint: http://www.freedomwatchusa.org/pdf/160808-Final%20Complaint%20.pdf

II. JURISDICTION AND VENUE.
1. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C.
1332 because each Plaintiff and the Defendant are citizens of different states and the amount in
controversy exceeds $75,000 (Diversity of Citizenship Jurisdiction).
2. This Court has supplemental jurisdiction over this case pursuant to 28 U.S.C.
1367.
3. Venue is proper pursuant to 18 U.S.C. 1965 and 28 U.S.C. 1391(b)(2), (3) in
that Defendant resides here and is subject to personal jurisdiction in this District.


The Complaint cites a number of news articles and no laws at all in the footnotes. It is something a talented high school student who is biased against Hillary might write, but has no legal teeth.

BIG problem: The Complaint is suing Hillary as a private citizen, but the claims are based on her acts as a government official. The Federal Government or its officials acting in an official capacity - as Hillary was - can ONLY be sued for tort claims under the Federal Tort Claims Act (FTCA) (28 USC 2671, 2672), which provides for a limited waiver of sovereign immunity. http://federalpracticemanual.org/chapter2/section5 Wiki provides a good overview, but it is good to verify with the legal cites that form the basis of its article. https://en.wikipedia.org/wiki/Federal_Tort_Claims_Act

Another BIG problem: Before being able to file a lawsuit under the FTCA, one must have exhausted administrative remedies first. http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1006&context=facsch_lawrev Per the Complaint, there is nothing to show that this has been done. It's just another showboating attempt to smear Hillary.

I hope that these Plaintiffs have a contingency fee arrangement with Klayman on this or financial injury will be added to their pain. Klayman is a joke and should be disbarred for this crap - at the very least held in contempt of court.

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