The Democrats plan for victory is to appear less crazy to moderate voters than the Republicans. That's their biggest advantage right now. It's why they don't like Bernie Sanders and it's why they've constricted their debate schedule so much. They want to sit on the sidelines and let the Republican candidates make fools of themselves during primary season.

Putting Lessig into the debate runs contrary to that plan. Besides, the "two polls have me at 1% and every other poll has me at 0%" argument isn't exactly a convincing case for inclusion.