The Democratic National Committee went to court last week, arguing that the Republican National Committee is in contempt of a longstanding legal agreement barring it from intimidating voters at the polls via so-called "ballot security." In its defense, the RNC is arguing that its members can't be held to that consent decree when they're acting in their capacity as state officials. They have a serious problem with that defense, though.

On Oct. 19, the Republican National Committee's general counsel sent an email warning RNC members that the national party was barred from engaging in "ballot security" measures. Specifically, RNC general counsel John Ryder wrote that a longstanding court-enforced agreement meant that the RNC or those acting on its behalf could not engage in measures aimed at stopping voter fraud at the polls. He went further, however, writing, "Given the seriousness of the Consent Degree and the severe consequences of a violation, you are encouraged not to engage in 'ballot security' activities even in your personal, state party, or campaign capacity." [emphasis added]

Well, then. But here is what they are actually trying to argue in court: "[Pennsylvania Republican Party Chair Robert] Gleason was quoted in the news article in his capacity as State Party Chair, not in his capacity as an RNC member. … [Michigan Republican Party Chair Ronna Romney McDaniel] was quoted in her capacity as Chairwoman of the Republican Party of Michigan, not in her capacity as an RNC member," the RNC's lawyers write. "When an individual is acting solely in his or her capacity as a state party chair that conduct cannot and should not be attributed to the RNC." Maybe they forgot to check in with their general counsel when they wrote that brief.

But they should have been aware of the September 22 memorandum from the RNC Counsel's Office, in which RNC political staff and independent contractors were informed, very clearly: "[Y]ou cannot take off your RNC 'hat' and partake in activities prohibited by the Consent Decree by serving in some other capacity or during your non-working hours."

Gleason has been quoted suggesting that the Pennsylvania GOP was recruiting people specifically for Philadelphia, and McDaniel wrote a fundraising letter saying "that she was readying lawyers 'to prepare a massive statewide anti-voter fraud effort to go along with our last-minute get-out-the-vote (GOTV) efforts' and wanted to put '100 Michigan Republican Party attorneys in the field to catch and discourage instances of voter fraud.'"

Maybe they just missed the two warnings not to be doing that. To quote Meteor Blades, that's a "hoot."

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