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SandersDem

(592 posts)
Fri Dec 18, 2015, 06:45 PM Dec 2015

By DNC Contract the Sanders Campaign Had 10 Days, Did Not Get Cause Enough for DWS to Resign Simply

due to breach of contract.


Excerpt from

BERNIE 2016, INC. }
131 Church Street, Suite 300 }
Burlington, VT 05401, }
} Case No.
Plaintiff }
}
v. }
}
DNC SERVICES CORPORATION, }
d/b/a DEMOCRATIC NATIONAL }
COMMITTEE }
430 S. Capitol Street, S.E. }
Washington, D.C. 20004, }
}
Defendant


26) On December 17, 2015, at approximately 2:47 p.m., the DNC suspended or
terminated the Campaign’s Voter Data access. The suspension or termination of the Campaign’s
access was undertaken without contractual cause, and in contravention of the Agreement’s
termination protocols.

27) The DNC did not send the Campaign any written notice of termination, much less
afford the Campaign the contractually required ten-day period in which to cure any default.


28) The Campaign’s inadvertent access of the Disclosed Information did not
constitute a breach of any provision of the Agreement. Even assuming, arguendo, that the DNC
could prove that Campaign staff intentionally accessed any Disclosed Information, such access
would not amount to a breach of the Agreement, or give the DNC cause to suspend or terminate
the Agreement.

http://www.politico.com/f/?id=00000151-b72f-d1ae-add5-f76f14db0001

21 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
By DNC Contract the Sanders Campaign Had 10 Days, Did Not Get Cause Enough for DWS to Resign Simply (Original Post) SandersDem Dec 2015 OP
And the DNC broke the news first to the Washington Post first I believe. LiberalArkie Dec 2015 #1
It was leaked SandersDem Dec 2015 #2
It was "leaked' by Tricky Deb. nt mhatrw Dec 2015 #8
I would be inclined to believe that however SandersDem Dec 2015 #9
Fuck that. Unnamed sources are the bane of modern "journalism" mhatrw Dec 2015 #11
agree to disagree SandersDem Dec 2015 #12
In fact... SandersDem Dec 2015 #7
That's how I read that part of it (didn't read it all) Jarqui Dec 2015 #15
Wow, okay HerbChestnut Dec 2015 #3
23) (a similar event happened in 08, very interesting) Cassiopeia Dec 2015 #4
Imagine that! n/t arcane1 Dec 2015 #6
Yep LiberalArkie Dec 2015 #14
Trying to find info Lazy Daisy Dec 2015 #20
I'm so sad that the Democratic Party Establishment has become so crooked. It's just horrible. nt stillwaiting Dec 2015 #5
Great post. HerbChestnut Dec 2015 #10
don't mind at all SandersDem Dec 2015 #13
Timing? Bernie just won two BIG endorsements and Hillary was caught denying receipt of AzDar Dec 2015 #16
Timing SandersDem Dec 2015 #17
The DNC also breached the contract by not protecting the data. eom Fawke Em Dec 2015 #18
Clear as day that DWS didn't have legal authority to suspend the Sanders' campaign access. femmedem Dec 2015 #19
This was a pre-debate stunt from the Hillary campaign. Spitfire of ATJ Dec 2015 #21

SandersDem

(592 posts)
9. I would be inclined to believe that however
Fri Dec 18, 2015, 07:02 PM
Dec 2015

I also fully support news organizations protecting their sources, so we will never know this one.

SandersDem

(592 posts)
12. agree to disagree
Fri Dec 18, 2015, 07:07 PM
Dec 2015

protecting sources is an important tenant of journalism. At least it was when I studied journalism.

SandersDem

(592 posts)
7. In fact...
Fri Dec 18, 2015, 06:59 PM
Dec 2015

that is likely the DNC defense against the breach of contract formal notification clause, however the fact that the DNC did not afford the Sanders campaign 10 days to remedy is indefensible.

Jarqui

(10,122 posts)
15. That's how I read that part of it (didn't read it all)
Fri Dec 18, 2015, 07:13 PM
Dec 2015

They did not follow their own contract. DNC could have a rough time in court on that point.

I didn't see anything on "suspend" either.

I have a feeling the DNC will want to remedy this really fast.

 

HerbChestnut

(3,649 posts)
3. Wow, okay
Fri Dec 18, 2015, 06:54 PM
Dec 2015

Any lingering doubts that the DNC wasn't out to get Sanders' campaign with this story has just been thrown out the window.

Cassiopeia

(2,603 posts)
4. 23) (a similar event happened in 08, very interesting)
Fri Dec 18, 2015, 06:54 PM
Dec 2015

23) Upon information and belief, a similar security incident arose with the NGP VAN
software during the 2008 national presidential primaries, resulting in the unintentional
transmission of Confidential Information to the campaign of Democratic primary candidate
Hillary Clinton (the “Prior Incident”).

32) Upon information and belief, no action was taken in response to the Prior Incident
in 2008, nor was any candidate’s access to Voter Data suspended as a result of that Incident.

LiberalArkie

(15,703 posts)
14. Yep
Fri Dec 18, 2015, 07:12 PM
Dec 2015

unintentional transmission of Confidential Information to the campaign of Democratic primary candidate
Hillary Clinton

 

Lazy Daisy

(928 posts)
20. Trying to find info
Fri Dec 18, 2015, 09:48 PM
Dec 2015

on that "security incident" to see what it was about. Like maybe an idea to dangle the carrot in front of Bernie's campaign came from that incident in '08? How many times has the firewall gone down? When? Did breaches happen on those occasions also? By who?

 

AzDar

(14,023 posts)
16. Timing? Bernie just won two BIG endorsements and Hillary was caught denying receipt of
Fri Dec 18, 2015, 07:13 PM
Dec 2015

gas and coal (iirc) campaign contributions...

femmedem

(8,196 posts)
19. Clear as day that DWS didn't have legal authority to suspend the Sanders' campaign access.
Fri Dec 18, 2015, 08:24 PM
Dec 2015

Either party may terminate this Agreement in the event that the other party
breaches this Agreement; the non-breaching party sends written notice to the
breaching party describing the breach; and the breaching party does not cure the
breach to the satisfaction of the non-breaching party within ten (10) calendar days
following its receipt of such notice.
Exhibit A., ¶ 6(b) (emphasis added). 14) The Agreement does not permit either Party to suspend its performance of the Agreement prior to terminating the Agreement in accordance with the provision above. 15) The Agreement does not permit either Party to terminate or suspend the Agreement without notice, or without providing the breaching Party with the requisite
opportunity to cure.

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