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"Lawless" Attorney General Mark Herring, Hillary Clinton, "Constructionist" Eugene Delgaudio Versus #NeverTrump? Yes.

July 6, 2016

Historic moment: 10 A.M. July 7 in Richmond, Virginia. Developing.

Senior Judge Robert E. Payne of U.S. District court will hear motions in the "Correll V. Herring, et al "

class action law suit Thursday, July 7, 10 a.m. in Richmond Court Room 7400 in the Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse
701 East Broad Street Richmond, VA 23219

Eugene Delgaudio, alternate national delegate said:

"For weeks, I have said bluntly there is no legal basis for a class action suit that seeks to represent me or others in both major parties to "protect my right" to never vote for Donald Trump for President. It is gratifying but surprising that even lawless Democratic party officials like Attorney General Mark Herring and Hillary Clinton, while refusing to uphold some laws applying to them, actually agree with the legal arguements presented in federal district court in recent days by my legal reprentatives. So in the spirit of bipartisan principles, I look forward to the dismissal of the bogus class action lawsuit in Richmond due to the hard work of my legal counsel and Democratic Party representatives. Not since the U.S. Supreme Court last week decided unanimously to exonerate Bob McDonnell has there been such unity. Maybe this bipartisan cooperation might become a weekly event, said Delgaudio."

A brief filed by legal counsel for Eugene Delgaudio and other delegates and alternative delegates to the Cleveland Republican National Convention, will be discussed in UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION at 10 a.m. Thursday, July 7.

Arguing in support of Delgaudio's legal brief (copy posted here) will be David Warrenton, representatives of Attorney General Mark Herring (who issued an opinion last week) and the legal representatives for the Never Trump delegate Carroll Beau Corell who is attempting to represent both the Democratic Party and Republican Party delegates in a class action law suit.

(Reference Civil Action No. 3:16-cv-00467-REP)

WHAT ARE THE REASONS TO INVALIDATE THE COMPLAINT BY CORRELL?

Correll is a delegate who has sued to invalidate a Virginia law that says he has to vote for the candidate who won the Virginia primary. 8 other delegates are intervening in the lawsuit to defend the requirement that they are bound.



It is unlikely the court will strike down the law because:

(1) Correll waited until the very last minute to file his lawsuit. He was elected as a delegate in April and has known about this requirement. The only reason to delay was to cause chaos. Courts usually throw out cases where the plaintiff slept on his rights.

(2) Correll voluntarily became a delegate and he knew his first round vote was bound. In fact many delegates had to sign a pledge that their first round votes would be bound.

(3) The Supreme Court has already said delegates votes can be bound because becoming a delegate is a voluntary act (the case is called Ray v. Blair).

(4) Courts do not like changing election laws on the eve of elections. So it is unlikely the court will strike down the law.

(5) Correll must not understand how the convention will work. He isn't personally going to cast a vote on the first round ballot. Instead, the convention secretary will record Virginia's votes in the aggregate. So he won't even vote. There is nothing for him to complain about.

(6) Even in the unlikely event the court strikes down the law, the party's rules will still be in place and the delegates first-round votes will be bound. So really this case is nothing but a PR stunt by Correll.

POSTED TODAY BY AUTHORITY OF HOWIE LIND AND WITH HIS PERMISSION:

HOWIE LIND DETAILS HIS REASONS FOR REPUBLICAN PARTY TO REMOVE ANTI-TRUMP DELEGATE

Previously posted here June 29:

Former GOP Senate, House Candidate Howie Lind: Remove Beau Correll as a Delegate to the Republican National Convention

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