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Russia Wants DNC Hack Lawsuit Thrown Out, Citing International Conventions (zdnet.com)
An anonymous reader quotes a report from ZDNet: The Russian Federation has responded to a lawsuit filed by the Democratic National Committee and has requested the overseeing court to throw out the lawsuit altogether. The lawsuit, filed by the DNC in April 2018, names a slew of figures as defendants, such as the Russian state, Russia's military intelligence service GRU, the hacker known as Guccifer 2.0, WikiLeaks and its founder Julian Assange, and several members of the Trump campaign, such as Donald Trump, Jr., Paul Manafort, Roger Stone, Jared Kushner, and George Papadopoulos. According to an 87-page indictment, the DNC accused Russia and the other defendants of carrying out the hacking of DNC servers in 2016 and then leaking data online via the WikiLeaks portal in an orchestrated manner for the benefit of the Trump presidential campaign.
The lawsuit, which has its own Wikipedia page and was likened to a lawsuit the DNC filed against Nixon after the Watergate scandal, seeks damages, but also for the court to issue a declaration about the defendants' conspiracy. But in a letter sent to a New York court, presented by the Russian Embassy in the U.S. and signed by a representative of the Russian Ministry of Justice, the Russian Federation wants the lawsuit thrown out. In the 12-page letter, the Russian Federation argues that the U.S. Foreign Sovereign Immunities Act ("FSIA") grants Russia immunity. "The FSIA provides that foreign sovereign States enjoy absolute jurisdictional immunity from suit unless a plaintiff can demonstrate that one of the FSIA's enumerated 'exceptions' applies'," the letter argues. "The DNC's allegations regarding a purported 'military attack' by 'Russia's military intelligence agency' do not fall within any of the FSIA's enumerated exceptions to the Russian Federation's sovereign immunity."
"Any alleged 'military attack' is a quintessential sovereign act that does not fall within any exception to the FSIA or the customary international law of foreign sovereign immunity. The Russian Federation's sovereign immunity with respect to claims based upon such allegations is absolute."
The lawsuit, which has its own Wikipedia page and was likened to a lawsuit the DNC filed against Nixon after the Watergate scandal, seeks damages, but also for the court to issue a declaration about the defendants' conspiracy. But in a letter sent to a New York court, presented by the Russian Embassy in the U.S. and signed by a representative of the Russian Ministry of Justice, the Russian Federation wants the lawsuit thrown out. In the 12-page letter, the Russian Federation argues that the U.S. Foreign Sovereign Immunities Act ("FSIA") grants Russia immunity. "The FSIA provides that foreign sovereign States enjoy absolute jurisdictional immunity from suit unless a plaintiff can demonstrate that one of the FSIA's enumerated 'exceptions' applies'," the letter argues. "The DNC's allegations regarding a purported 'military attack' by 'Russia's military intelligence agency' do not fall within any of the FSIA's enumerated exceptions to the Russian Federation's sovereign immunity."
"Any alleged 'military attack' is a quintessential sovereign act that does not fall within any exception to the FSIA or the customary international law of foreign sovereign immunity. The Russian Federation's sovereign immunity with respect to claims based upon such allegations is absolute."
How come they never let the FBI examine the the server
FBI: DNC rebuffed request to examine computer servers
https://www.cnn.com/2017/01/05...
The Russians leaked the fact that Hillary colluded with the DNC to cheat Bernie out of the nomination. So they "leaked" the truth. Maybe instead of targeting the Russians we should focus on cleaning up our own sleazy institutions, starting with the DNC. If the DNC was seen as less corrupt, they might even help their party win a few elections in the heartland.
So according to you, Americans should do Russia a favor by hacking the Kremlin?
When all you have is a hammer, every problem starts to look like a thumb.
Suppose you break down your neighbor's door in order to reveal the truth about something that lies inside the house. Does revealing the truth immunize you?
When all you have is a hammer, every problem starts to look like a thumb.
Those would help as well, but corruption within the DNC is a vulnerability. If they cease to be corrupt, then these methods become ineffective.
This is my signature. There are many like it, but this one is mine.
Care to cite even a shred of evidence? After two years of the crap, maybe just the tiniest shred of evidence?
Treaty-wise, I don't know, but some fact-finder will render a decision and then we'll all know.
Right- and wrong-wise, I think it should be, for two reasons.
First, in a competitive election, it is simply not fair (to the voters) to expose the dirt of one party and not the other. I assume, and I think MOST Americans assume that there is terrible corruption and dirt present in both major parties. If you think that the Republican party is not hiding a bunch of dirt, please explicitly state that, because otherwise it is hypocritical.
Second, if, as seems likely at this point, these hacks were carried out by someone acting on behalf of the Russian government, then every American should be fighting mad. Agents of an adversarial power interfering in our elections? Are you kidding me? That's a violation of our sovereignty. And yes, I know that the US has a bad history of doing this to other countries. They also have every right to be royally pissed off at us for that.
You wouldnâ(TM)t be saying this is someone illegally broke into Trumpâ(TM)s servers and found proof he was a crook or whatever.
Both parties love Israel. What's your point?