The lawyer who represents himself has an idiot for a client, the old adage goes, so it’s not a surprise that Larry Klayman, the dumbest lawyer in America not named Mat Staver, is about to lose yet another lawsuit in which he represents himself.
The suit was filed against the RNC, Reince Priebus and others in state court in Florida, seeing a declaratory injunction requiring all pledged delegates to vote for the candidate they are pledged to no matter how many votes are taken. The complaint and Klayman’s public statements are full of the usual political invective and grandiose references to the Founding Fathers and the roots of our freedom:
He explained in the complaint that he wants the party to support the candidate the voters pick.
“Plaintiff prays for declaratory relief that Florida’s Republican Party delegates must vote as the Florida Republican electorate decided by way of popular vote during the Florida presidential primary at the Republican National Convention in order to vindicate and preserve the rights of Florida Republican presidential primary voters to cast a meaningful and operative vote and that they must adhere to this popular vote throughout the voting process, no matter how [many] rounds may result.”
Now he’s filed opposition to requests by the defendants to dismiss the action.
In response to submissions by the Republican National Committee, its chief Reince Priebus, the Republican National Part of Florida, and officials Blaise Ingoglia and Ken Detzner, Klayman explained he brought the fight “to ensure that he, and his fellow voters who voted in Florida’s Republican Presidential Primary, are afford their fundamental constitutional right to cast a binding vote for the nomination of the presidential candidate of their choice.”…
He wrote, “Instead, the defendants … have threatened to stage what is in effect a coup d’etat at the Republican National Convention to have Florida Republican delegates not vote for the presumptive Republican nominee, Donald Trump, prevent Trump from securing the party’s nomination and substitute the establishment candidate of their choice instead.”…
“In a few weeks, we will celebrate the signing of the Declaration of Independence on or about July 4 at my birthplace of Philadelphia. If the likes of House Speaker Paul Ryan, Senate Majority Leader Mitch McConnell, Senator Lindsey Graham and those other Republican establishment hacks in government and the media, like radio talk show host and CNN commentator Hugh Hewitt, had lived during this historic [era], [they] would not even have been allowed to sweep the floors of Independence Hall, but instead they would have been sent back to England and handed over to King George III so they could rightly become his court jesters.”
Very inspiring, Mr. Klayman, but you’re forgetting one thing: The Republican primary is a party election, not a state election. Not only do you not have a constitutional right to vote for the Republican candidate of your choice in the primary, they don’t have to let you vote on the matter at all. In fact, it was done that way for about a century and a half, when political parties decided their candidates without any vote at all from the masses. They just chose them through backroom wrangling, bribery and arm-twisting. And at no time was that the least bit unconstitutional.
You have a constitutional right to vote in a general election, which is an actual state event, but not in a primary election. The party decides their own rules: what kind of vote to hold (primary or caucus), how delegates are chosen, how their votes are counted, whether they are pledged or unpledged and under what rules they operate before and during the convention. They can change those rules if they’d like at any time; that’s why they have a rules committee in the first place.
The RNC has filed a motion to dismiss, which is almost certain to succeed. It will succeed on standing grounds alone, since Klayman can’t even pretend that he has been harmed in any way at all at this point. But it will also succeed on the merits, should the judge choose to rule on them.