Judge says MSNBC must include Kucinich + OK’d for debate, appeal planned + video + DK Excluded (updated)

Updated below.

Dandelion Salad

by Andrew Malcolm
LATimesblog
Jan. 14, 2008

A judge in Nevada has just ordered MSNBC to include Rep. Dennis Kucinich in Tuesday’s Democratic Party presidential debate in Las Vegas or he will cancel the forum.Senior Clark County District Court Judge Charles Thompson vowed to issue an injunction halting the nationally televised debate if MSNBC failed to comply. Kucinich had filed a lawsuit seeking to be included just this morning.

The judge ruled it was a matter of fairness and Nevada voters would benefit from hearing from more than just Hillary Clinton, John Edwards and Barack Obama. Kucinich had been invited to participate in the 6 p.m. Pacific debate Tuesday, but that invitation was rescinded last week following the results of the New Hampshire primary and Iowa caucuses that showed Kucinich trailing badly.

Kucinich received the news in an Associated Press story handed to him during a telephone interview with Neil Cavuto on the Fox Business channel. Kucinich read the news item out loud: “It says ‘A Nevada judge said Monday that Democratic presidential candidate Dennis Kucinich must be included in Tuesday’s candidates’ debate in Nevada’. Holy smokes! I just found out. I have to get off the phone now. I have to make plans to go to Nevada.”So set up a fourth podium.

***

Kucinich sues NBC over Nevada debate

by Andrew Malcolm
LATimesblog
Jan. 14, 2008

Rep. Dennis Kucinich has just sued NBC-TV in Las Vegas over his exclusion from the MSNBC debate among top Demcoratic candidates in Nevada tomorrow.According to the Las Vegas Review-Journal, Kucinich filed his lawsuit moments ago seeking a temporary restraining order allowing him to participate in the nationally-televised debate among Hillary Clinton, John Edwards and Barack Obama. A copy of the lawsuit is available here.

As reported here over the weekend, Kucinich was originally informed that he was invited. But that invitation was later rescinded, prompting an outraged press release about giant corporate powers controlling voters’ access to all candidates.

Kucinich’s lawsuit claims, “Kucinich is a credible and serious candidate in Nevada, where he is actively and vigorously campaigning and has statewide headquarters in Las Vegas.” The suit could threaten tomorrow evening’s debate.

It comes just days before the hotly-contested Nevada caucuses that has drawn all the Democratic candidates, seeking votes and endorsements. A District Court hearing was scheduled for this afternoon.

Kucinich’s exclusion from Tuesday’s debate is the latest of several. The perennial president candidate from Cleveland was also barred from participating in the ABC-TV-Facebook debate in New Hampshire and the Des Moines Register debate in Iowa.

Also Fox News excluded Republican Rep. Ron Paul from its GOP debate just before last week’s New Hampshire primary, even though it did include Rudy Giuliani, whom Paul had beaten in Iowa, and Fred Thompson, who wasn’t campaigning in New Hampshire and was trailing Paul in polls there. Paul was also in Nevada today campaigning.

***

Updated: Jan 14, 2008 8:55 PM

Kucinich OK’d for debate, appeal planned

yahoo news
3 minutes ago

LAS VEGAS – NBC News said Monday it will appeal a judge’s ruling rather than include Democratic presidential hopeful Dennis Kucinich in a candidates’ debate in Nevada.

“We disagree with the judge’s decision and are filing an appeal,” said a statement provided by Jeremy Gaines, a vice president for MSNBC, sponsor of Tuesday night’s debate. Gaines said the parent network would seek an immediate hearing before the Nevada Supreme Court.

Hours earlier, Senior Clark County District Court Judge Charles Thompson ruled that Kucinich, an Ohio congressman, must be allowed to participate. If he is excluded, Thompson said he would issue an injunction to stop the televised debate.

Kucinich’s lawyer had argued that MSNBC at first invited him to participate, then last week reversed course and told him he could not.

A lawyer for the network said MSNBC decided to go with the top three candidates after the Iowa and New Hampshire primaries.

Thompson called it a matter of fairness and said Nevada voters will benefit by hearing from more than just top contenders Hillary Rodham Clinton, Barack Obama and John Edwards.

The cable network and the Democratic Party have promoted the debate as a chance for the candidates to be questioned about issues from Nevada’s minority communities. Tim Russert and Brian Williams are the scheduled moderators.

Kucinich learned of the judge’s decision when he was handed a note during an interview with Fox Business Network’s Neil Cavuto.

“Holy smokes! I just found out. I have to get off the phone now. I have to make plans to go to Nevada,” Kucinich said.

h/t: Gary

***

Note: I’ve had trouble viewing this video but it has not been removed. Why it doesn’t work, I have no idea. Try clicking “refresh” to see if that helps. ~ Lo

Updated: Jan. 15, 2008 12:43 AM CT

Judge Rules Dennis Kucinich must be in Las Vegas Debate

vidwatch654

A Las Vegas judge has ruled that Democratic presidential candidate Dennis Kucinich must be included in the Tuesday night presidential debate in Las Vegas.

Kucinich filed a lawsuit against NBC. He said he was initially invited to be in the nationally televised debate but the offer was later rescinded. Base on the earlier invitation, Judge Charles Thompson ruled in Kucinich’s favor saying if he isn’t included, he will issue an injunction stopping the debate.

The judge met with lawyers from both sides Monday afternoon at 4 p.m. and indicated that he would sign a formal order at 8 a.m. Tuesday. The attorneys for NBC claim the state court has no jurisdiction in this matter, and they have decided to appeal the decision to the Nevada Supreme Court.

Senators Hillary Clinton and Barack Obama as well as John Edwards are the only three candidates invited to the debate.

***

Updated: Jan. 15, 2008 1:47 PM CT

NBC appeals Kucinich ruling

By Brian Eckhouse · January 15, 2008 · 10:59 AM
Las Vegas Sun

NBC this morning appealed a District Court judge¹s decision Monday to force the network to include presidential long-shot Dennis Kucinich in tonight’s Democratic debate.

The network appealed the decision to the state Supreme Court, which presumably will decide the matter before the 6 p.m. Debate.

“When parties seek emergency relief, it is not uncommon for this court to rule within hours,” said Brandee Mooneyhan, an assistant court clerk.

continued…

***

Updated: Jan. 15, 2008 2:47 PM CT

Appeal filed in Kucinich debate lawsuit

Nevada Supreme Court Gets Appeal in Kucinich Debate Dispute

Ken Ritter
Raw Story
AP News

Jan 15, 2008 15:02 EST

The Nevada Supreme Court was considering an appeal Tuesday from NBC Universal Inc. to overturn a judge’s decision that Dennis Kucinich must be included in a debate of the Democratic presidential candidates on MSNBC.

The network argued that a Clark County District Court judge lacked jurisdiction to order the cable TV news network to include the Ohio congressman or pull the plug on broadcasting the debate Tuesday night with Hillary Rodham Clinton, Barack Obama and John Edwards.

“Mr. Kucinich’s claim … undermines the wide journalistic freedoms enjoyed by news organizations under the First Amendment,” Las Vegas lawyer Donald Campbell said in a filing submitted to Nevada’s high court, which hears all state appeals.

The state Supreme Court made no immediate ruling, and no hearing was immediately scheduled, a court clerk said.

Meanwhile, Kucinich hailed the lower court judge’s order before boarding a flight from Cleveland to Nevada to await the results of the legal showdown.

“I can just say, ‘Thank God’ for that judge, and hopefully his ruling will be sustained,” the Ohio congressman told reporters.

Jeremy Gaines, a spokesman for MSNBC, said the cable network also was awaiting a decision from the court. He declined further comment.

continued…

***

Updated: Jan. 15, 2008 8:43 PM CT

Nevada Supreme Court says MSNBC can bar Kucinich from candidate debate

By Ken Ritter
Associated Press
January 15, 2008

continued…

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see

The Kucinich court decision and “judicial activism”

Boycott the MSNBC Democratic Debate On Tuesday + Protesting exclusion (videos)

Judge True Patriot

NBC BATTLES TO KEEP KUCINICH OUT OF THE DEBATE

Compassion and Fight: The Personality of Dennis Kucinich By Joel Wendland

Kucinich falls behind in ‘corrupt system’ by Zaid Jilani

Wed. Jan 16, 2008, National Call-In Day for Impeachment (action alert)

Kucinich-Dennis

Dennis 4 President

20 thoughts on “Judge says MSNBC must include Kucinich + OK’d for debate, appeal planned + video + DK Excluded (updated)

  1. Pingback: Kucinich Speaks at the U of Michigan (vid; medical pot) « Dandelion Salad

  2. Pingback: Kucinich Vows to Fight for Changes to FCC Law « Dandelion Salad

  3. So does this mean that another president will be chosen by mass media and the courts.. What can anyone do? This is getting ridiculous. Is the law even viable anymore? Is the constitution viable? These are questions alot of people are asking themselves. Doesn’t anyone have balls enough to do what is right anymore? I thank the ones who indiscriminately uphold the law and interpret it. I also thank those who respect the public enough to tell them the truth and not just part of it. This country is ill, and democracy is becoming a myth, so I also thank Congressman Kucinich for the very honorable work he is doing.

  4. Pingback: Breaking the Sound Barrier: Kucinich Answers Debate Questions (video) « Dandelion Salad

  5. Pingback: Was Yucca Mountain the Real Reason Kucinich Was Silenced by GE? « Dandelion Salad

  6. Pingback: Democratic Debate in NV 1-15-08 (videos) « Dandelion Salad

  7. I like your new motto, PTTV.

    Thanks for your comments and links. I read the NYTblog, but chose not to post a link to it as I am boycotting them as much as possible. At the bottom of this post it has the latest update.

  8. NBC Wins Battle Over Debate:

    http://thecaucus.blogs.nytimes.com/2008/01/15/nbc-wins-battle-over-debate/#comment-530738

    http://www.nvsupremecourt.us/documents/cases/50889.ordergrantingpetition.pdf

    Bring on the slave state. Punish these proles for allowing this, and sucking up to the privatization of elections, industrialization of war, and general brain-dead gambling-addicted, religious-fanatic stupidity.

    This electorate deserves only the worst vicissitudes ever wrought by economic collapse and the consequences of national theft, war-crimes and gluttony.

    No ‘freedoms’ are worth the atrocity of illegal war. For their folly, the people should now have their ‘freedoms’ to screw the world for personal and corporate gain, stripped, and they should be prodded and poked with every nano-chip and RFID devise, traceable by satellite, to be arrested, water-boarded and interned in camps, fed beer and twinkies and run generators off their effluvia.

    That is my new motto:

    “America is the beautiful but the USA SUCKS!”

  9. Boycott MSNBC, and can anyone pass a message on to Ron Paul to issue proceedings against the pernicious and nefarious Rupert Murdoch for the same crimes as those perpetrated by MSNBC against kucinich. I support this action unreservedly.

    These people MUST be given the right to speak whether or not we agree with what they have to say.

    It is interesting that today the Japanese opposition party have seriously debated the falacy that is 911 and finally the people of the world are beginning to see the real evil behind the attacks. Bush/cheney et al. With the rest of the world beginning to exercise their right to openly debate the so called war on terror, Is it not time for us in the alleged ‘free world’ to stop the corporate stranglehold on our freedoms in the name of a ficticious war on terror. Freedom of speech is still in the US constitution and in UK law albeit a luxury that most of us are too afraid to exercise especially in the UK.

    This law also applies to lesser known politicians who have not quite passed the bench test for mass media sponsorship. Media Gagging and censorship was once the stuff of Stalinism that we all so readily ridiculed as backward until we finally realised that we were the victims of exactly the same evil crimes by our very own ‘josephs’

    I am based in the UK and can advise you that we have far exceeded the US in civil rights depletion and surveillance techniques. Please read my article “the big brother agenda” for details that will curdle your stomach here on Dandelion. We are too late to stop it here in the UK, but you in the US have some chance still. Fight for YOUR freedoms, Fight for OUR freedoms, Fight for your right to be able to see the Kucinichs and Pauls of this world on mainstream media and not just the internet (or as the mainstream would suggest “the haven for conspiracy theorists and nut cases” )

    Trevor Murphy

  10. Fixed it! (I’m all thumbs when it comes to links).

    Now I want to edit my meanness about vegas, it’s mostly tourists. But hard to imagine the scales of justice ever balancing out there!

    I’m gonna try for a few hours not to be a cynic about our beloved electorate.

  11. Pingback: Boycott the MSNBC Democratic Debate On Tuesday (video) « Dandelion Salad

  12. Thanks for the link on AfterDowningStreet, although a link to the actual blog post would make it easier for first-tmie viewers to DS. I do post a lot so it doesn’t take long for posts to disappear off the “recent posts” section. Of course, this one may stay on the “Top Posts” for a while.

    You can guess how I feel about this issue. Mad! Heil to the corporations.

  13. If this is appealed to Federal court as suggested in the update, all bets are off indeed.

    WTF! How can you skip over the state appellate court? Might as well wake up Gonzales for an ‘official’ opinion, better yet just have Alito rule this by divine decree…

    One case that needs to stay in the states rights realm— It’s not like NBC is a fed institution!

  14. Sadly yes, and sadly after my enthralled reply.

    But it’s something! They have to move fast, courts are notoriously slow, let’s see if NBC can graft it’s way to overturning that decision by Judge Thompson in time.

    But at this moment the law directs Dennis to be included as I understand it, and that sure beats leaving messages on NBC’s voicemail! It would be an awesome precedent if it stands.

    So until it’s overturned, which they have only 7 working hours to achieve, then I will take some solace that there is at least one normal judge, the first person in vegas who isn’t a mouth-frothing alcohoic gambling addict or hooker or gangster or black-jack dealer and hope for the best!

    (Sorry for slandering Las Vegans, too many trade shows at the Sands I suppose! that place is something else… but hey, ya never know!)

    I plugged in your update (and plugged your site) on the After Downing Street string on this topic…
    http://www.afterdowningstreet.org/?q=node/30099#comment-168034

    (PS, wondering how did Natureboy get to be PTTV? I’m actually really not an imposter with multiple personalities on line, It got defaulted in there when I was ranting on some blog on WordPress about a CT school principle who banned a student production of ‘Voices In Conflict’, which backfired on him big time!)

  15. Hi PTTV, did you read the last article?

    ““We disagree with the judge’s decision and are filing an appeal,” said a statement provided by Jeremy Gaines, a vice president for MSNBC, sponsor of Tuesday night’s debate. Gaines said the parent network would seek an immediate hearing before the Nevada Supreme Court.”

    So we’ll have to see what happens tomorrow.

  16. Is it POSSIBLE?? MAJOR BREAKTHRU!!

    I’m so aglow, it’s a beam of sun in a very dark winter for democracy. Maybe the rule of law has some shred of hope yet. All earth must root for Dennis. He put up resistance and broke through using the system itself!

    I’m still completely livid about NBC, who do they think they are?? Debates must NOT on commercial TV! The rules need to be spelled out in advance, federally approved and written into law. Further, NO national debate shall be conducted in a non-impartial forum, public TV PBS under strict government guidelines! I’m about to write up a bill and present it to congress… How could they have allowed this to come to pass?

    Do Paul people now see why we can’t privatize everything? They’ve actually privatized the national election! It’s completely unhinged!! Somebody has to write a major book about all this…

    (Lo you are the fastest reporter in the land~ I’ll be right here when those vids come up!)

  17. Pingback: NBC un-plugs Kucinich from Presidential debate + Phone NBC & the DNC Now (vid) « Dandelion Salad

  18. Pingback: Corporate Media Controlling the Vote (vid; action alert) (updated) « Dandelion Salad

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