Michigan State Trial Court Orders Reinstatement of Michigan Libertarian Party Delegates to National Convention

Posted on by May 22, 2024

On May 22, a Michigan state trial court issued a Temporary Restraining Order, ordering the Michigan Libertarian Party officers to reinstate the delegates to the national convention who had been dropped by the party’s Judicial Committee on May 18.  Buzuma v Chadderdon, Cheboygan County Circuit Court, 24-9042-cz.

There have been two factions of the Michigan Libertarian Party since 2022.  The Chadderdon faction had held a convention in March 2024 to select delegates to the national convention, which opens Friday, May 24, in Washington, D.C.  At the March 2024 convention, most of the delegates elected were members of the Buzuma faction.   Activists in the Buzuma faction had attended the meeting, even though it had been called by their intra-party opponents, and had largely prevailed in the selection of national delegates.  Then, on May 18, the Chadderdon officers had removed most of the delegates.

The court order says the original list of delegates must be resubmitted to the national party officers, and that after it is submitted, no further submissions are permitted.  It also says that failure to obey the court order will result in contempt of court.  The decision is partly based on two Republican Party intra-party lawsuits settled by Michigan state courts earlier this year, which established the precedent that Michigan state courts will act in such intra-party disputes.

Here is the two-page order, and the attached Complaint, along with copies of Bylaws.  Thanks to ThirdPartyWatch for the link.

Comments

Michigan State Trial Court Orders Reinstatement of Michigan Libertarian Party Delegates to National Convention — 88 Comments

  1. YOURS TRULY GOT THE ART V JUDICIAL COMT LANGUAGE INTO THE LPM BYLAWS CIRCA 1992

    — TO N-O-T HAVE GOVT COURTS MESS WITH INTERNAL LPM STUFF.

    ENOUGH TIME FOR ALL LP NATL CONV DELEGATES TO GET TO DC AND HAVE HOTEL ROOMS — OR SLEEP ON DC PARK BENCHES ???

  2. tldr; This news has zero effect on the convention.

    Interesting. A bond is a requirement for a TRO. The trial judge did not require it so the injunction is defective (a lot of trial judges do not understand this requirement and thus leave it out of their initial orders). Injunctive relief is a matter of common law so this process is the same in all the states (even those that don’t follow common law have incorporated the common law standards into their rules of procedure).

    Furthermore, the LPMI has already submitted a list (and possible changes to it) to the LP Credentials Committee. Since the national LP is not a party to this lawsuit nor does the TRO order the national LP to accept the list the court potentially says it the correct one, this TRO cannot resolve anything whether to maintain the status quo or to effect the convention itself.

    It will also be impossible for a service of the process is being effected without hiring a process server to go to DC where the LPMI board is likely already traveling to or already arrived at.

    The order does not establish any set of facts that would be convincing to the convention delegates should this TRO be brought up as evidence to support a credentials challenge to the LPMI delegate list.

  3. FAILURE TO HAVE MAIL BALLOTS OF ALL PARTY MEMBERS TO CHOOSE PARTY OFFICERS

    PR
    APPV
    ESP TOTAL SEPARATION OF POWERS — ESP LEGIS/EXEC
    —-
    WILL THE MICH DELEGATES END THE MINORITY RULE OF THE MISES FACTION IN THE LP ???

    STAY TUNED NEXT FEW DAYS.

  4. The court has ordered the delegate names to be SUBMITTED.

    BUT, is the Credentials Committee obligated to accept them??

  6. Walter,

    A Michigan court has no power over a committee of people from other States meeting in D.C.

  7. HOW MANY MISES FACTION FOLKS ON THE LP NATL CONV CREDENTIALS COMT ???

    2024 LP NATL CONV AKIN TO 1968 DEMS NATL CONV ???

    1968 DEMS NATL CONV – START OF PR IN DEMS PARTY — THRU 1988 DEMS NATL CONV

  11. It was extremely predictable that the Mises Caucus / LNC (same thing) faction would not abide by the results of their own convention and the obvious reality that they don’t have the support of most party members.

    And they’ll trample as many rules and bylaws as they need to purge the national convention if they think they’re in danger of losing control. Harlos is already challenging three states on totally spurious grounds and safe bet those won’t be the only ones.

  12. “failure to obey the court order will result in contempt of court”

    In the American injustice system, “contempt of court” is nothing less than a civic duty.

    To quote that great supreme court justice, Hugo Black:

    ‘Unfortunately, as the Court’s opinion points out, judges in the past despite these constitutional safeguards, have claimed for themselves “inherent” power, acting without a jury and without other Bill of Rights safeguards, to punish for criminal contempt of court people whose conduct they find offensive.
    This means that one person has concentrated in himself the power to charge a man with a crime, prosecute him for it, conduct his trial, and then find him guilty. I do not agree that any such “inherent” power exists. Certainly no language in the Constitution permits it; in fact, it is expressly forbidden by the two constitutional commands for trial by jury.
    And, of course, the idea that persons charged with criminal offenses such “crimes” as contempt are not charged with “crimes” is a judicial fiction. As I said in Green, I think that this doctrine that a judge has “inherent” power to make himself prosecutor, judge and jury seriously encroaches upon the constitutional right to trial by jury, and should be repudiated.
    […]
    It is high time, in my judgment, to wipe out root and branch the judge-invented and judge-maintained notion that judges can try criminal contempt cases without a jury. It will be a fine day for the constitutional liberty of individuals in this country when that at last is done.’

  13. Richard: For non-Libertarians, which of the two is the Mises Mice group and which is the Old Tyme Libertarian group?

    Roman Salute (and Hector): Wrong, as it’s about the state party. Same would be true of duopoly parties, overall, plus precedent cited in Michigan by Winger himself. Beyond that, IPR notes, as Winger does not (c’mon, Richard) that the judge has scheduled a further hearing to address “follow-up” issues.

    In addition, I don’t know about TROs, but I do know, per teh Google, that with preliminary injunctions, a bond is **totally discretionary** in Michigan. And, Michigan law would appear to indicate it may be discretionary with TROs as well:

    “(4) When a bond is required before the issuance of an injunction or temporary restraining order, the bond must be filed with the clerk before the sealing and delivery of the injunction or restraining order.”

    https://casetext.com/rule/michigan-court-rules/michigan-court-rules/chapter-3-special-proceedings-and-actions/subchapter-3300-extraordinary-writs/rule-3310-injunctions

  14. Submitting the list doesn’t obligate the convention to accept it. Not being an attorney, I’ll leave it up to you and Hector to engage in pro bono legal arguments, if either or both of you wish to continue, regarding the point on which you disagree, which I did not and will not comment on.

  16. Ben: I have not commented on this thread until now. I do not care what happens with or to the Libertarian Party. I have NEVER used a pseudonym. I only comment under my own name.

  17. Give it up Stock. Stop lying. It has been proven you troll under multiple names.

  19. I would love to see the delegates of the obviously fake (Buzuma) group rejected at convention.

  20. BRIT OLDE HIGHER COURTS — FORMED BY OLDE MONARCHS AFTER 1066

    MONARCH WAS A MEMBER OF EARLY OLDE BRIT TOP COURTS —

    CONTEMPT OF COURT = CONTEMPT OF MONARCH — MAJOR CRIME
    —
    1776 USA / STATE COURTS – NOOOO MONARCHS
    CONTEMPT OF COURT – ONE MORE CRIME — VIA PROS INFORMATIONS OR INDICTMENTS

  21. JUST ME 540 PM

    Richard: For non-Libertarians, which of the two is the Mises Mice group and which is the Old Tyme Libertarian group?

    MISES FACTION = Chadderdon faction

    Old Tyme Libertarian group [SINCE 1970] = Buzuma faction.

  22. @Just me

    You’re right that Michigan court rules make bonds optional to the court. However, the rules also say: “(2) Security is not required of the state or of a Michigan county or municipal corporation or its officer or agency acting in an official capacity. As to other parties, if security is not required the order must state the reason.” This means that the court’s order must state why no bond is required which this order doesn’t contain making it legality deficient.

  23. NUNA 508 PM —

    https://supreme.justia.com/cases/federal/us/376/681/

    United States v. Barnett, 376 U.S. 681 (1964)
    No. 107
    Argued October 21-22, 1963
    Decided April 6, 1964
    376 U.S. 681
    CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    Syllabus
    This proceeding arose from the efforts of a Negro to gain admission as a student to the University of Mississippi. The Court of Appeals, sua sponte, appointed the Attorney General or his assistants to prosecute this criminal contempt proceeding under Rule 42(b) of the Federal Rules of Criminal Procedure against the Governor and Lieutenant Governor of Mississippi for disobeying injunctive orders issued by the Court of Appeals and the District Court. The alleged contemners demanded trial by jury and the Court of Appeals, being evenly divided, certified to this Court the question whether they were so entitled.
    Held: The alleged contemners are not entitled to a jury trial.
    1. On the facts certified, there is no statutory right to trial by jury. Pp. 376 U. S. 690-692.
    (a) 18 U.S.C. §§ 402 and 3691, which provide for jury trial in certain instances of criminal contempt, do not apply, since this case involves a contempt committed in disobedience of an order of the Court of Appeals. Pp. 376 U. S. 690-692.
    (b) It would be anomalous for a court of appeals to have the power to punish contempt of its own orders without a jury, but to be rendered impotent to do so when the offensive behavior happens to be in contempt of a district court order as well. P. 376 U. S. 692.
    2. On the facts certified, there is no constitutional right to trial by jury. Pp. 376 U. S. 692-700.
    Reported below: 330 F.2d 369.

  25. Funny how “Taran” and “Dylan” usually post within minutes of each other. That’s solid proof Stock posts under multiple names.

  26. Stop trolling: I haven’t seen Taran or Dylan comment recently. If they comment shortly after each other then that is proof that they pay attention to this site. It is not proof that they are the same person, nor is it proof that they are me. Why don’t you stop being a coward and comment with your real name like I do? Why continue to hide like the sniveling little bitch that you are?

  28. I’m just myself. If I comment within minutes of anyone else, I have not noticed, and it’s pure coincidence. I comment when I have time and something to add. I don’t know the other people that the entity with many names accuses me of being.

  34. How hot will the new LNC be, that’s the real question. Right now I would pick Meredith Hays. She’s hotter than Angela. CAH is about 75 years old and aging rapidly.

  35. Angela should have used her hotness to the party’s advantage. Think of the fundraising opportunities!

  38. Stop talking to yourself. Nobody is buying your bullshit.

  39. Really Stock, don’t you have anything better to do? Is the coffee pot full?

  40. Stop trolling, “stop trolling” Stop trolling, “stop trolling”Stop trolling, “stop trolling”Stop trolling, “stop trolling”

  45. Uh oh. Looks like we got two bots (or, Google suggests, two boys) stuck in an auto reply loop.

  49. Come on man! Why would you…you impersonabe someone on the internet. That’s like leaving on the phonograph on. Um yeah. Anyway.

    I’m going to bed.

  50. President Obama sent me to Detroit to end the pandemic. Then I came into office and inflation was at 9%. Where’s the ice cream? I was told there would be vanilla ice cream to lick and kids to snort.

  52. Of course Herbert isn’t serious. Hot and lnc do not belong in the same sentence.

  55. The nose and lips are plastic. The eyebrows are pigment. Are you saying women are made of from hydrocarbons and paint?

  59. What happened to Angela? Did the kid or the stress from evil commies age her so fast?

  65. @AZ
    Interesting how many fewer donors the two candidates who raised most donations have. Also…..Toad? That man don’t look like no toad I ever seen.

  67. Probably wealthy candidates who made large personal donations to go with the pay to play debate auction.

  69. @Kreskin
    Yup. I can actually imagine Mapstead donating to himself to secure a place on the stage. But Ballay seems strange that he would have a few large donors rather than many small ones. He won California, after all. And ter Maat was so confident he was the front-runner and wanted to debate Kennedy…

  70. Ballay is a doctor. He probably has some money, and wrote a check. Since that put him in the debate, he didn’t have to ask his supporters to donate to the party rather than to his campaign.

  74. Winning a nonbinding primary with, I’m guessing, a few hundred voters is not necessarily indicative of the type of support that writes checks or becomes delegates and travels to conventions. It may have been generated by putting some money into social media ads.

  75. @Lou
    I don’t think anyone’s mad about it, except perhaps ter Maat who narrowly missed out. Everyone already knew the LP is run like a Chuck E. Cheese: buy a single vote for which predetermined topic the orange RINO will talk – Now “only” $10! Wild to think people actually fall for it; but hey it’s their money, more power to them.

  77. Sarwark is still fawning over Bill Weld. What a fucking loser. Can’t they just ban him from the party?

  78. Simon, I’m trying to be more gay because patriarchal heteronormativiry is an integral component of intersectional oppression by the elites against everyone else. I struggle against my remaining heterosexual impulses, and working to stop having sexual encounters with women until I can transition to being a woman myself, at which point I would like to be primarily lesbian, since women are still more appealing to me than men are, which is at least for now unfortunate.

  81. Lol Third Party Watch is a joke. Commie writers pushing communism.

    Will Sarwark fake another assault at this convention?

  82. I told y’all the Michigan court has no power over the convention but somebody did not believe me LOL

  84. They are currently voting on adding the court ordered delegates after sustaining the chairs ruling that it will take majority, not 7/8

  88. Bots are not physical entities. The word comes from robot, but they’re not robots. They are computer programs – ones and zeroes that live in the dispersed computer cloud.

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