The Hillary for America campaign (HFACC), which was her 2016 presidential campaign organization, has asked a federal judge in Florida to dismiss the racketeering case that was brought before the court by former President Donald Trump. HFACC filed a motion to dismiss Trump’s lawsuit with prejudice so the suit cannot be filed another time.
The lawsuit by Trump alleges that Clinton, along with other defendants, carried out a plot “in furtherance” of a “scheme to defraud” Trump. It is a 108-page lawsuit that gives details accusing the former First Lady and Secretary of State of orchestrating “an unthinkable plot—one that shocks the conscience and is an affront to this nation’s democracy.”
It also describes how Clinton and other defendants tried to sway the public’s trust by vilifying Trump and connecting his campaign to Russia’s alleged interference with the 2016 presidential election.
Hillary Clinton is joined by other defendants in the lawsuit including the Democratic National Committee. The individuals who are also included as defendants are Democratic Rep. Debbie Wasserman from Florida, former FBI Director James Comey, former FBI agent Peter Strzok, former FBI attorney Lisa Page, and Clinton advisors John Podesta and Christopher Steele. Steele is the former intelligence officer from the United Kingdom who was the source of the infamous “Steele Dossier.”
The case from Trump rests on Special Counsel Robert Mueller’s investigation into the Trump campaign’s possible connection to Russia’s links. That investigation did not find sufficient evidence to indicate that the Trump campaign conspired with the Kremlin. But Mueller did say that the investigation did not “exculpate” or “exonerate” Trump.
Those who are allied with Trump, along with the former president, have said that Mueller’s findings do in fact exonerate him from any unlawful obstruction with Russia.
This filing from Clinton embraces the same arguments that have been the core of previous filings from Podesta, Wasserman Schultz, the Democratic National Convention, and some other defendants.
The Hillary for America Campaign has put a statement out that says Trump’s lawsuit should fail mostly because his RICO claims have a four-year statute of limitations.
“The allegations that Defendants conspired to (1) create the Steele Dossier, (2) obtain and reveal internet data of a connection between Trump Tower and Alfa Bank, (3) provide false statements to law enforcement, and (4) disseminate false and injurious information, are all alleged events that occurred over four years ago,” the motion to dismiss says.
Hillary is resting her case on the idea that Trump showed, by his tweets, that he has been aware of what he describes as injuries for years. They note that in October of 2017, Trump tweeted about the very conspiracy he is suing for in his complaint.
“Never seen such Republican ANGER & UNITY as I have concerning the lack of investigation on Clinton made Fake Dossier (now $12,000,000?), the Uranium to Russia deal, the 33,000 plus deleted Emails, the Comey fix and so much more. Instead, they look at phony Trump/Russia, ‘collusion,’ which doesn’t exist,” Trump tweeted in October of 2017.
They say this reveals that he was “on notice of the alleged conspiracy and injury” more than four years ago, and therefore the time limitation should mean this case is dismissed, according to the HFA’s motion.
If their statute of limitations defense doesn’t work, they are also relying on the idea that Trump’s claims fail substantively.
“Plaintiff has not plausibly alleged any cognizable RICO enterprise, has not sufficiently alleged the required two predicate acts, has not shown any pattern of racketeering activity and has failed to adequately allege RICO standing,” HFA’s motion said.
Clinton’s political future is now in the hands of a judge.
