FW: Our America Renews Debate Lawsuit

Hi All,

Gary Johnson has a Facebook page described as "libertarian grassroots" (small "l"), so who knows if he will run as a Libertarian (big "L"). I suppose we won't know until he and the national LP decide. However, regardless of what happens with Gary Johnson, I personally am getting pretty tired of the media always referring to "the two parties", when a huge chunk of the voting public does not officially belong to either of these "two parties." Part of the problem might be that Libertarians are so divided in what the Libertarian Party is supposed to do or be, but the major problem is that Democrats and Republicans act as if they were the only political parties around, and everybody follows suit.

So, in my view, suing the heck out of the "two parties" in one way or another is a good thing. However, before I send my (small) check to help with the suit to which Johnson is referring, I am wondering if Richard Winger, or anyone knows the status of the suit. I Googled the case number on Richard's newsletter (cv 12-1600), and what I got from it is that the particular ex-parte petition was denied ("No crisis requiring ex-parte relief nor that any alleged crisis is not the Plaintiff's own making" gave me hives). Also, the "Independent Political Report" says a NEW suit was filed.

It is all very confusing, and I sure would appreciate some clarification from Richard or anyone who known what is going on.


Back in 2012, Gary Johnson sued the Commission on Presidential Debates in two US District Courts, Washington DC (where the Commission is headquartered) and southern California (where Jim Gray lives). Then Gary Johnson dismissed the case in Washington DC, just two months after he had filed it. The attorney, Alicia Dearn, has one of her two main offices in San Diego, and it was more convenient for her to work on the southern California case.

Just a few months ago, the southern California judge ruled that the southern California case is not a suitable venue. Although Jim Gray lives there, the judge says the lawsuit only concerned getting Gary Johnson into the presidential debates, not Jim Gray into the vice-presidential debates. Therefore, neither the plaintiff nor defendant had any connection to southern California.

So now Alicia has to file the Washington DC case all over again. I think she will be doing that any day now, but she hasn't yet.

Gary Johnson's case is strong. The rules of the Commission say that he should be invited if he got at least 15% in several neutral polls. Gary Johnson commissioned some respecting polling companies to ask voters in September 2012 if they prefer President Obama or Gary Johnson. These polls didn't mention Mitt Romney. Gary Johnson got well over 15%. I think in some he got 30%. But the CPD wouldn't invite him anyway, even though nothing in the rules says anything about which candidates must be included in the polls.

Richard Winger
PO Box 470296, San Francisco Ca 94147

Thank you very much, Richard. Glad the case is strong. I will go ahead and send in my little contribution.