Clinton Refuses to be Served Tulsi Gabbard's Defamation Lawsuit

[left-of-center2012]

Hillary Clinton has twice refused to see a process server attempting to convey Representative Tulsi Gabbard’s (D., Hawaii) defamation lawsuit against her, Gabbard’s lawyer told the New York Post on Wednesday.

According to attorney Brian Dunne, the server first visited Clinton’s home in Westchester, N.Y. to deliver the lawsuit but was refused entry by secret service agents. The agents told the server to contact Clinton lawyer David Kendall, but Kendall told the server on Wednesday that he would be unable to accept the lawsuit for the former presidential candidate.

Clinton had suggested in an October podcast that Gabbard was being “groomed” by Russia to run for president, and further termed the congresswoman “the favorite of the Russians.” In response, Gabbard sued Clinton for defamation. on January 22.

Gabbard is in the midst of a long-shot presidential bid. She is currently polling at less than one percent nationally, according to a RealClearPolitics average. In October, Gabbard said she would not run for reelection to Congress and was “fully committed” to her presidential bid.

https://www.yahoo.com/news/clinton-refuses-served-tulsi-gabbard-140252865.html?.tsrc=jtc_news_index

[bluedye33139]

1. Sometimes I think Gabbard will not be president

[Watchfoxheadexplodes]

2. The thought she would never entered my mind

Ever

[bluedye33139]

8. I don't think it ever entered her mind either

[samnsara]

14. im curious if she entered the race to make some money??

[Blue_Tires]

30. She entered the race to ratfuck us

this isn't rocket science, people...

[rampartc]

3. if ms clinton does not accept the summons

does the court not find against her?

[PoliticAverse]

9. Eventually a judge will put a stop to the avoid being served tactics. n/t

[StevieM]

15. I see that Tulsi's word alone is all you need to know that what she is saying is true. (eom)

[delisen]

29. ...and just how do you think a judge will do that?

[treestar]

10. Court rules will provide something

that can be used as an alternate. You can't block a lawsuit, ultimately, by refusing to accept service. But it does make things more aggravating for Tulsi, which may be the point.

[jimfields33]

13. I heard third time was the charm

But I see it dismissed most haste. No way this goes very far.

[delisen]

31. I think the plaintiff has to show quite a bit more in attempting service.

State laws may differ but I think Gabbard has not yet shown much in the the way of attempted service.

If Gabbard or her attorney is the source of the news story, it may be that they are seeking publicity rather than actual service of process.

[Blue_Tires]

32. I don't believe one word of that "refused to accept" bullshit

Remember these are just the words of Gabbard's attorney.

[Sanity Claws]

4. This whole thing is bullshit

Is Hillary Clinton even at home? Even if she is, the process server could have left the summons and complaint with the secret service agent in that they are at the residence and are of suitable age and discretion to accept process on behalf of the named defendant. Apparently the process server at the direction of Gabbard chose not to do so.
As for the attorney, he is not authorized to accept service of process on behalf of a former client unless the client gives him formal authority. That is usually done by contacting the attorney in advance and letting him/her know that process will be served and asking the attorney whether he can accept process so that his client is not formally served at home, which may be disruptive. Gabbard's attorney apparently failed to do this.
This whole thing is drummed up publicity for a tool.

[Cuthbert Allgood]

7. The person they give it to needs to be an agent of the summoned.

Depending on specific state law, of course.

I don't believe that Secret Service agent would be an agent of Hilary Clinton. They are just there to protect and are more likely an agent of the government.

Clinton just needs to accept service. This is a bad optic for her, in my opinion.

[Sanity Claws]

12. Agent of the summoned?

Summons can be left at the residence with a person of suitable age and discretion at that residence. I have practiced in two states and that has been the rule in both states. It was also the rule I was taught in law school.
Usually the dispute is over whether a minor in the household is of suitable age and discretion. Never have I heard an argument over whether someone at the residence is an agent of the resident. I am sure the secret service agent is of suitable age and discretion.

[MarcA]

21. Agreed about accepting service, but not sure about the validity of the story.

Of course this is part of the whole drumph administration policy of refusing summons
and the larger attack on Democracy. After all, if the perception of them being above the
law is allowed, then why should the little people honor it or obey the law.

[Popcorn Samurai]

5. IIRC...

Clinton never mentioned her by name so how can this be defamation?

[Pachamama]

6. +100000

Exactly

[thesquanderer]

17. It is not necessary to mention the person by name.

from https://www.eff.org/issues/bloggers/legal/liability/defamation

To state a defamation claim, the person claiming defamation need not be mentioned by name—the plaintiff only needs to be reasonably identifiable.

[LanternWaste]

19. I don't think self-identification counts, though.

[thesquanderer]

20. Seriously, you didn't know who HRC meant until TG identified herself as the target?

EVERYONE knew. That's the point.

[lapucelle]

11. The story originated in the right wing rag New York Post and the headline in inaccurate

in that it doesn't describe what actually happened.

According to Dunne, the server first visited Clinton’s home in Westchester, N.Y. to deliver the lawsuit but was refused entry by secret service agents. The agents told the server to contact Clinton lawyer David Kendall, but Kendall told the server on Wednesday that he would be unable to accept the lawsuit for the former presidential candidate.

So it appears that Secretary Clinton has not actually refused anything.

[Cha]

23. Exactly, lapucelle.. Thank you!

[snowybirdie]

16. All she's doing

is following the lead of the tRump administration....never respond to a court summons!

[comradebillyboy]

18. Why would Hillary cooperate with Gabbard's publicity stunt?

Tulski can have her legal team contact Clinton's lawyer. I wonder who is bankrolling Tulski's lawsuit.

[NurseJackie]

24. Awww...

[ehrnst]

25. Good for HRC. (nt)

[texasfiddler]

26. Gabbard hates Hillary more than Trump

She must be a Russian asset

[underthematrix]

27. Hmmm . . . It looks like

Link to tweet

[Kurt V.]

28. i have my doubts about this story. Refusing to be served for a suit that doesn't have much

merit would only add to media scrutiny. makes no sense