Popehat Lawsplains RICO for the DNC


Ken White has a post up explaining why it looks as if the DNC let their PR strategy trump (pun intended) their legal strategy.

First, federal judges hate RICO. They hate it because it’s unseriously overused by litigants without enough confidence to let their core substantive claims speak for themselves. There are three groups that use RICO indiscriminately: pro se litigants complaining that the Bureau of Indian Affairs implanted SatNav in their junk, plaintiffs’ attorneys of the sort who go to court in a sports coat they keep in their glove compartment, and professional vexatious litigants. That’s why many federal judges often have standard orders they issue in civil RICO cases that say, in effect, “you think you have a valid RICO claim? Fine, answer these 20 complicated questions to help me sort it out.” Judges don’t do that for other claims. So: when you come into court with a RICO claim, you start (at best) with the judge suspicious of your professionalism and credibility.

Read the whole thing.

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