Unfortunately, I think it is true that the DNC COULD have decided to do things the old way in a back room, based on the charter. But the key point is that they DIDN’T make that decision, based on the by-laws. Instead, all of the current by-laws require that things be done in an open and fair manner, as indicated in the lawsuits against the DNC. So just because they could have changed the bylaws, that doesn’t give them the right to pretend that they could change the bylaws retroactively to let them get away with breaking the bylaws that everyone else running in the Democratic party was required to follow. So the DNC lawyer’s point is just sophistry B.S.