The ‘sleeper case’ trying to stop Trump and the RNC from intimidating voters and poll workers
By Devan Cole, CNN
September 12, 2024
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A nearly four-year-old legal effort by Black voters to convince a court to prevent former President Donald Trump and the Republican Party from potentially intimidating voters and poll workers is quietly coming back to life as the 2024 election approaches.
First brought in the days following the 2020 election, the lawsuit has moved slowly through the federal courts in Washington, DC, as Trump’s claims of presidential immunity from civil lawsuits were being litigated. It coincidently haslanded before US District Judge Tanya Chutkan, the judge handling the federal election subversion charges against Trump.
But now, the case is beginning to show signs of movement.
The case could have enormous implications for this election and future ones: The voters are asking a federal judge to put Trump, his campaign and the Republican National Committee under court supervision that would require them to seek pre-approval before “engaging in any activities related to recounts, certifications, or similar post-election activities,” and to bar the defendants from intimidating voters, poll workers and other election officials.
If the plaintiffs ultimately prevail, their victory could provide them with a significant deterrence against potential intimidation and harassment of election workers and voters from Republicans as Trump and his allies signal that they will again try to undermine the results of the election.
The type of supervision sought by the voters is not new for the Republican Party: The GOP had previously been under a court-ordered consent decree from the early 1980s until 2017 that barred it from engaging in practices that could intimidate or discriminate against Black voters.
Rajiv Parikh, an attorney who represented the Democratic Party during part of the long-running case against the RNC that resulted in the now-expired consent decree, said courts play a critical role in preventing the type of intimidation that the Black voters are alleging occurred during the 2020 election.
“Just because your intention isn’t to discriminate against a group or to intimidate somebody, if what you do has the effect of doing that, then it really is going to be up to a court as an independent arbiter of what’s appropriate or what’s not to decide that,” he said.
At the heart of the lawsuit are claims by Black voters in Michigan that the defendants worked together in 2020 to unlawfully disenfranchise them and other voters in “major metropolitan areas with large Black voter populations” through “disrupting vote counting efforts, lodging groundless challenges during recounts, and attempting to block certification of election results through intimidation and coercion of election officials and volunteers.”
In doing so, the lawsuit alleges, the defendants violated the Voting Rights Act of 1965 and the Ku Klux Klan Act, a Reconstruction-era law passed to combat violence by the White supremacist group and allow people to take civil action against individuals who “conspire to prevent by force, intimidation, or threat,” participation in US elections.
Attorneys for Trump and the RNC have asked to dismiss the case, saying any conduct at issue constitutes protected political speech.
“This is simply a transparent attempt to quell political dissent and chill political speech,” a lawyer for Trump and his campaign wrote in a filing last year. “Even assuming all the allegations are true, President Trump and his Campaign engaged in simple and straightforward political speech during an important political dispute.”
Chutkan has yet to make any substantial rulings in the matter. She was randomly assignedthe pivotal case last October, receiving it months after she started overseeing the criminal case brought by special counsel Jack Smith against Trump. Weeks later, the judge stressed the need to have “some forward motion” in the civil matter as the nation barreled toward the presidential election. (Sure, right, we believe the BS Judge that can't prosecute Trump now, will make the right decision.)
“It’s been pending for a long time. At a certain point, a failure to decide means that it effectively denies the plaintiffs their remedy,” Chutkan said during a hearing in late November.
https://www.cnn.com/2024/09/12/politics/sleeper-case-rnc-trump-voter-intimidation/index.html