DNC Sues Trump Campaign, Russia, and WikiLeaks

News  |  Apr 20, 2018

The Democratic National Committee has filed a federal lawsuit against the Trump campaign, the Russian government, and WikiLeaks

Washington Post

The complaint, filed in federal district court in Manhattan, alleges that top Trump campaign officials conspired with the Russian government and its military spy agency to hurt Democratic presidential nominee Hillary Clinton and help Trump by hacking the computer networks of the Democratic Party and disseminating stolen material found there.

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The case asserts that the Russian hacking campaign — combined with Trump associates’ contacts with Russia and the campaign’s public cheerleading of the hacks — amounted to an illegal conspiracy to interfere in the election that caused serious damage to the Democratic Party.

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Suing a foreign country may present legal challenges for the Democrats, in part because other nations have immunity from most U.S. lawsuits. The DNC’s complaint argues Russia is not entitled to the protection because the hack constituted a trespass on the party’s private property.

The lawsuit argues that Russia is not entitled to sovereign immunity in this case because “the DNC claims arise out of Russia’s trespass on to the DNC’s private servers . . . in order to steal trade secrets and commit economic espionage.” 

This is not the first time the DNC has sued a political opponent over a breach. 

In 1972, the DNC filed suit against then-President Richard Nixon’s reelection committee seeking $1 million in damages for the break-in at Democratic headquarters in the Watergate building.

The suit was denounced at the time by Nixon’s attorney general, John Mitchell, who called it a case of “sheer demagoguery” by the DNC. But the civil action brought by the DNC’s then-chairman, Lawrence F. O’Brien, was ultimately successful, yielding a $750,000 settlement from the Nixon campaign that was reached on the day in 1974 that Nixon left office.

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To support its case, the lawsuit offers a detailed narrative of the DNC hacks, as well as episodes in which key Trump aides are alleged to have been told Russia held damaging information about Clinton.

Russia engaged in a “brazen attack on U.S. soil” the party alleges, a campaign that began with the cyberhack of its computer networks in 2015 and 2016. Trump campaign officials received repeated outreach from Russia, the suit says.

“Rather than report these repeated messages and communications that Russia intended to interfere in the U.S. election, the Trump campaign and its agents gleefully welcomed Russia’s help,” the party argues

Ultimately, Trump’s associates entered into an agreement with Russian agents “to promote Donald Trump’s candidacy through illegal means,” the suit concludes.

The lawsuit does not name President Trump as a defendant, but it does name several members of the Trump campaign.

defendants

... [I]t targets various Trump aides who met with people believed to be affiliated with Russia during the campaign, including the president’s son, Donald Trump Jr., his son-in-law Jared Kushner, his campaign chairman Paul Manafort and Manafort’s deputy, Rick Gates.

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The DNC lawsuit also names as a defendant the Russian military intelligence service, the GRU, which has been accused by the U.S. government of orchestrating the hacks, as well as WikiLeaks, which published the DNC’s stolen emails, and the group’s founder Julian Assange.

The lawsuit was also filed against Roger Stone, the longtime Trump confidante who claimed during the campaign that he was in contact with Assange.

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The DNC lawsuit argues that the Russian government and the GRU violated a series of laws by orchestrating the secret intrusion into the Democrats’ computer systems, including statutes to protect trade secrets, prohibit wire tapping and prevent trespassing.

The party said the Trump defendants committed conspiracy through their interaction with Russian agents and their public encouragement of the hacking, with the campaign itself acting as a racketeering enterprise promoting illegal activity.

The lawsuit reveals the exact date of the first DNC hack for the first time. 

The suit contains previously undisclosed details, including that the specific date when the Russians breached the DNC computer system: July 27, 2015, according to forensic evidence cited in the filing.

The analysis shows the system was breached again on April 18, 2016. The hackers began siphoning documents and information from DNC systems on April 22. The suit notes that four days later, Trump foreign policy adviser George Papadopoulos was informed by Josef Mifsud, a London-based professor, that the Russians were in possession of thousands of emails that could be damaging to Clinton.

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The list of defendants in the suit includes Papadopoulos and Mifsud, as well as Aras and Emin Agalarov, the wealthy Russian father and son who hosted the Miss Universe Pageant in Moscow in 2013. 

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The suit alleges that Trump’s personal and professional ties to Russia helped foster the conspiracy. 

The DNC’s lawyers wrote that “long standing personal professional and financial ties to Russia and numerous individuals linked to the Russian government provided fertile ground for a conspiracy between the defendants to interfere in the 2016 elections.” 

The lawsuit describes how the then-Soviet Union paid for Trump to travel Moscow in the 1980s. 

It also details the history of Manafort and Gates, who worked for Russian-friendly factions in the Ukraine before joining the Trump campaign. Prosecutors have said they were in contact in 2016 with Konstantin Kilimnik, a former linguist in the Russian army who the FBI has alleged had ties to Russian intelligence.

CNN:

The 66-page lawsuit filed in Manhattan federal court on Friday lays out how the Trumps curried favor in Russia through their family business, and then Russia allegedly worked with Trump advisers before the presidential election to disseminate the spoils from a cyberattack of the DNC.

The Democratic Party says the conspiracy and the hacking hurt their relationship with voters, chilled donations, disrupted their political convention and subjected their staffers to harassment. The lawsuit outlines nearly every known communication between Trump advisers and Russians.

Read the 66-page lawsuit

Democratic Party files lawsuit alleging Russia, the Trump campaign and WikiLeaks conspired to disrupt the 2016 campaign (WaPo)

Democrats file suit alleging Russia, Trump, WikiLeaks conspired to interfere in 2016 campaign (CNN)