“RNC’s Lawyers Try To Distance Themselves From Trump’s ‘Rigged Election’ Claims”

Must read from Chris Geidner at BuzzFeed:

In the RNC’s filing earlier Monday, the committee’s general counsel submitted a 16-page declaration that, for several pages, explained how the Trump campaign’s activities should not be attributed to the RNC.

“On behalf of the RNC, I have made clear to the Trump campaign that the RNC cannot and will not be involved in any way with ballot security activities or Election Day operations,” RNC chief counsel John R. Phillippe Jr. wrote.

Throughout the Monday filings, the RNC painted a picture of a wholly independent presidential campaign, with the RNC’s lawyers arguing, “The RNC has likewise never authorized the Trump campaign to act on its behalf. Just the opposite. The RNC has repeatedly informed its staff and the Trump campaign that neither Donald Trump nor his campaign speaks or acts for or on behalf of the RNC.”

As to Trump’s focus on voter fraud claims specifically, Phillippe stated, “In August 2016, when I perceived that Mr. Trump was likely to emphasize vote fraud in his campaign, I started to put an even greater emphasis on training regarding the consent decree than in past cycles.”

I think the key legal question is not whether the RNC and Trump campaign are cooperating on “ballot security” measures. But instead whether they are acting in concert together, and are agents of one another. It that’s the test, the RNC could well be caught in whatever it is Trump has done.

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