NY Lawfare Against RFK Explained
Update on Lawsuit Trying to Knock Kennedy off the New York Ballot
Lawfare in New York is a common political tool used against many to avoid democratic elections. It was used recently against Donald Trump, against my dear friend Cara Castronuova, and is currently being waged against Robert F. Kennedy Jr.
Last night on an X Spaces discussion, Kennedy gave a good summary of where his case stands and what is likely to happen, which I will summarize below.
The Democratic PAC Clear Choice is backing the legal action to get Kennedy off of the ballot in New York. They argue he lied when he said he was a New York resident in his filings to run for president in the state of New York.
Kennedy said over a year ago his FEC attorney told him no matter what he did he would get sued in New York. He then told Kennedy he had no choice but to list New York as his residency in all state filings for multiple reasons. The main reason he had to do so is that he votes in New York and has never voted anywhere else; ever.
In running for President, Kennedy had to file as a candidate in all 50 states. When he filed in New Hampshire, that state required that his residency be in the state he votes in. Since that state is, was, and always has been New York, he had no choice but to claim New York as his residence.
Kennedy cannot then go and list different states as his residence in other state filings. That would create a multitude of legal problems for obvious reasons.
On X, Kennedy stated he does not know what the trial judge in New York, who he appeared before this week, is going to do. I personally believe Kennedy is likely to lose at the trial level. Judges in New York state are usually appointed by Democrats, so if this judge wants job security it helps him to rule against Kennedy in this matter.
Kennedy believes on appeal he is going to win.
He says there is strong precedent that it is not allowable to have a “patchwork” of regulations across different states that prevent a candidate from running for president across the country. Meaning, one state can’t have a rule or administrative process that makes it impossible for a candidate to get on the ballot in another state. Kennedy stated this is unconstitutional and he is confident he will win on appeal.
I have confidence he will win, too, but we shall see.
In the 3 years that I have been in the courts suing NYC for firing me when I declined covid vaccination, I have seen the courts are not always focused on justice, and it is a long process. I should add that I am only blessed to be in this process because of Children’s Health Defense and Robert F. Kennedy Jr., who backed up fired workers in NYC when it mattered most.
It is good that for Kennedy now, the legal process will not be long, as election cases are always expedited very quickly.
They have to print the ballots very soon.
Great piece Michael. We were there on Tues. & Thurs., and the judge shut down the constitutional argument, we think a big mistake. The recent Trump vs Colorado case in the US Supreme Court nullified Colorado's attempt to keep Trump off the ballot, which should bolster Bobby's claims. As you know, even the higher level courts in NYS are compromised, but if this case moves to the Supreme Court, Bobby will prevail. Of course this lawfare kept him off the campaign trail for a week, which is the clear goal of the DNC funded ClearChoice PAC; stall, delay, drain your coffers, and keep all 3rd party candidates off the ballot.
We need a plan to spotlight New York for this glaring anti-democratic strategy. Is there precedent for class action, against this type of subversion?