Send a Tweet
- Advertisement -
Most Popular Choices
Share on Facebook 14 Share on Twitter Printer Friendly Page More Sharing
Exclusive to OpEdNews:
OpEdNews Op Eds   

Why "Russiagate" Still has Legs; How Misinformation Propagates

By       (Page 2 of 2 pages) Become a premium member to see this article and all articles as one long page.     (# of views)   5 comments
Author 511086
Message Wayne Coste
- Advertisement -

What was represented in the NY Times article as the Judge's finding was actually a restatement of the DNC's allegation not the Judge's "finding." A motion to dismiss does not weigh the facts of the case that would be presented at trial it only reviews issues of jurisdiction and the applicability of the legal arguments raised in the Complaint.

In the motion to dismiss, the statements from which the NY Times extracted the words are correctly qualified as allegations. In reading the NY Times article, this central, critical point is absent is their declarative statement. From the Opinion and Order the original statement can be seen.

"The action arises out of the alleged actions of the Russian Federation in unlawfully hacking into the DNC's computers in connection with the 2016 presidential elections and thereafter distributing stolen materials from those computers."

The primary wrongdoer in this alleged criminal enterprise is undoubtedly the Russian Federation, the first named defendant in the case." [pp 1 and 2 of 81]

- Advertisement -

A "Motion to Dismiss"

The rules under which a motion to dismiss is evaluated is presented and discussed in the opening paragraphs of the Opinion and Order.

"In deciding a motion to dismiss ", the allegations in the complaint are accepted as true, and all reasonable inferences must be drawn in the plaintiff's favor. The Court's function on a motion to dismiss is "not to weigh the evidence that might be presented at a trial but merely to determine whether the complaint itself is legally sufficient." The Court should not dismiss the complaint if the plaintiff has stated "enough facts to state a claim to relief that is plausible on its face." "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." While courts should construe the factual allegations in the light most favorable to the plaintiff, "the tenet that a court must accept as true all of the allegations contained in the complaint is inapplicable to legal conclusions.

- Advertisement -

In deciding a motion to dismiss, a court may consider documents of which judicial notice may be taken. A court may also consider documents incorporated by reference in the complaint as well as documents the plaintiff either had in the plaintiff's possession or had knowledge of and upon which the plaintiff relied in bringing suit.

The following facts are taken from the Second Amended Complaint and are accepted as true for purposes of this motion to dismiss. [pp 4 and 5 of 81]"

It is easy to assume that these misleading articles, misinforming the public, are not simply errors.

Next Page  1  |  2

 

- Advertisement -

Must Read 2   Supported 2   Valuable 2  
Rate It | View Ratings

Wayne Coste Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Licensed Professional Engineer dealing with energy issues. Active in promoting the ethics of the engineering profession by calling on ASCE to retract the papers by Bazant et al they have published (and continue to stand by - in contradiction to (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Answering the 9/11 Consensus Panel Challenge: "Explanation of the Evidence at the Pentagon on 9/11"

Why "Russiagate" Still has Legs; How Misinformation Propagates

Comments Image Post Article Comment and Rate This Article

These discussions are not moderated. We rely on users to police themselves, and flag inappropriate comments and behavior. In accordance with our Guidelines and Policies, we reserve the right to remove any post at any time for any reason, and will restrict access of registered users who repeatedly violate our terms.

  • OpEdNews welcomes lively, CIVIL discourse. Personal attacks and/or hate speech are not tolerated and may result in banning.
  • Comments should relate to the content above. Irrelevant, off-topic comments are a distraction, and will be removed.
  • By submitting this comment, you agree to all OpEdNews rules, guidelines and policies.
          

Comment Here:   



You can enter 2000 characters. To remove limit, please click here.
Please login or register. Afterwards, your comment will be published.
 
Username
Password

Forgot your password? Click here and we will send an email to the address you used when you registered.
First Name
Last Name

I am at least 16 years of age
(make sure username & password are filled in. Note that username must be an email address.)

3 people are discussing this page, with 5 comments  Post Comment


Wayne Coste

Become a Fan
Author 511086

(Member since Apr 9, 2018), 1 fan, 2 articles, 35 comments
Facebook page url on login Profile not filled in Twitter page url on login Profile not filled in Linkedin page url on login Profile not filled in Instagram page url on login Profile not filled in


Add this Page to Facebook! Submit to Twitter Share on LinkedIn Submit to Reddit


  New Content

I have had many friends and neighbors talk about the Russians stealing the election. It was impossible to have a conversation with them about the far-fetched accusations that were being propagated as facts.

After reading a "tweet" of an WSWS article discussing this suit last week, I looked at what the NY Times said and found that they had a completely different perspective on it. When I read the decision, I found that they had blatantly misrepresented the story. I was so disgusted with this misrepresentation that I wrote this article.

I don't usually encounter misrepresentations as blatant as these NYTimes and AP reports -- usually I see omissions and distortions.

Submitted on Tuesday, Aug 13, 2019 at 11:54:50 AM

Author 0
Add New Comment
Share Comment
Reply To This   Recommend  (6+)
Help
 
Indent

Devil's Advocate

Become a Fan
Author 500650

(Member since Nov 9, 2014), 9 fans, 3047 comments
Facebook page url on login Profile not filled in Twitter page url on login Profile not filled in Linkedin page url on login Profile not filled in Instagram page url on login Profile not filled in


Add this Page to Facebook! Submit to Twitter Share on LinkedIn Submit to Reddit


Reply to Wayne Coste:   New Content

It's becoming business as usual now for the "official" news sources to completely lie and distort everything.

Submitted on Tuesday, Aug 13, 2019 at 8:31:27 PM

Author 0
Add New Comment
Share Comment
Reply To This   Recommend  (1+)
Help
 
IndentIndent

Wayne Coste

Become a Fan
Author 511086

(Member since Apr 9, 2018), 1 fan, 2 articles, 35 comments
Facebook page url on login Profile not filled in Twitter page url on login Profile not filled in Linkedin page url on login Profile not filled in Instagram page url on login Profile not filled in


Add this Page to Facebook! Submit to Twitter Share on LinkedIn Submit to Reddit


Reply to Devil's Advocate:   New Content

Thanks for the comment, "It's becoming business as usual now for the "official" news sources to completely lie and distort everything."

The reason I wrote this is because rarely is "the lie" this obvious. usually it is much more subtle by omitting "unwanted" facts.

Submitted on Wednesday, Aug 14, 2019 at 1:59:57 AM

Author 0
Add New Comment
Share Comment
Reply To This   Recommend  (0+)
Help
 

Daniel Geery

Become a Fan
Author 1198

(Member since Jul 9, 2009), 69 fans, 364 articles, 3563 quicklinks, 16569 comments, 180 diaries
Facebook page url on login Profile not filled in Twitter page url on login Profile not filled in Linkedin page url on login Profile not filled in Instagram page url on login Profile not filled in


Add this Page to Facebook! Submit to Twitter Share on LinkedIn Submit to Reddit


  New Content

Why anyone keeps buying these utter wastes of resources has confounded me for decades. To read and take them seriously is potent proof that a major segment of our species is insane.

Submitted on Tuesday, Aug 13, 2019 at 1:49:39 PM

Author 0
Add New Comment
Share Comment
Reply To This   Recommend  (4+)
Help
 
Indent

Wayne Coste

Become a Fan
Author 511086

(Member since Apr 9, 2018), 1 fan, 2 articles, 35 comments
Facebook page url on login Profile not filled in Twitter page url on login Profile not filled in Linkedin page url on login Profile not filled in Instagram page url on login Profile not filled in


Add this Page to Facebook! Submit to Twitter Share on LinkedIn Submit to Reddit


Reply to Daniel Geery:   New Content

Regarding, "To read and take them seriously ..." in order to show someone that their favored media outlet is mis-information, you need to show them something like this article where the misinformation is so clearly spelled out.

Submitted on Wednesday, Aug 14, 2019 at 2:02:47 AM

Author 0
Add New Comment
Share Comment
Reply To This   Recommend  (0+)
Help
 

 
Want to post your own comment on this Article? Post Comment