A COUP, THROUGH and THROUGH: EPILOGUE

September 15, 2010

In the COUP Trilogy (A COUP, THROUGH and THROUGH (1 of 3); (2 of 3); and (3 of 3) I charged that DNC operatives hid hundreds of votes of Clinton pledged delegates from vote binding states at the 2008 DNC Services Corporation Nominating Convention so as to ensure Obama’s foregone nomination would be based only on votes cast by delegates pledged to either candidate, and not on votes cast by unpledged PLEO’s, or Party Leaders and Elected Officials, the so-called super delegates. Further, I alleged the DNC instituted this maneuver so as to allow these PLEO’s to avoid scrutiny they had sold their votes to the higher bidder. One week later, I want to clarify these 2 (two) points; and to add another.

First, do not let the technicalities and background narratives of these pieces obscure this damning fact: members of the Democratic Party conspired to violate the election laws passed in 13 (thirteen) states.

Second, although my conclusions as to the role the PLEO’s played in this coup was new, the information that they were bought, was not. Nor was any of the other information I posted regarding the advance planning implemented by senior D’s to ensure Obama would be the Presidential nominee, including configuring a skewed votes-per-delegate formula. Or the ongoing machinations to ensure his nomination, such as re-allocating pledged delegates from one candidate to another, by the RBC; and compelling ongoing negotiations regarding not only how and when, but also whether to hold what should have been an automatic open roll call vote of all states on the floor of the convention, consistent with past practice. What was new was the way in which I wove all of these together into cause and effect. And just because the facts fit my final conclusion, this does not mean, I am right although, naturally, I believe I am.

Most importantly, the reason I wrote the COUP Trilogy telling you how election laws were broken – and these vote binding laws are all codified in the section of state laws marked “Election” – was so that you could do something about it.

I admit and have admitted several times, I was ignorant as to how our political system worked in real life, before the 2008 election cycle. But in the past two years, I have worked tirelessly to de-construct the election process and then, to explain what I learned to my fellow citizens, in terms lay people can understand. That’s one of the reasons I provided so much background information in this series, especially when the charges I was making could have been accomplished in much fewer lines. For example, I detailed how I stumbled onto vote binding states and frantically worked to get the word out. Why? Because this information did not make the ‘news.’ In other words, you would not know what I did unless I told you. This is precisely why I told you. I hoped that chronicling the serendipitous nature of my ‘discoveries,’ I would help you to realize, by overseeing the electoral process, asking questions whenever you think something isn’t quite right until you are satisfied you understand what went wrong, you, too, can come to know as much about our political system as those who ‘did wrong.’

In other instances, I pointed you to exactly what went wrong, even if the conduct was not illegal. For example, I included numerous links which led to more information spelling out that PLEO’s voiced public support for the D candidate who donated more money to his or her PAC’s (Political Action Committees).

But figuring out what went wrong or being told what went wrong points to the inherent shortcoming of all of my work. That is, just knowing what went wrong is not enough; now, you have to fix it.

For some people, this means educating others, or correcting mistakes where possible, especially when it comes to members of the press, who, at least when reporting on the voting obligation of pledged delegates at the convention, keep getting it wrong. Some people will have to do more.

For example, our state officials must be compelled to enforce existing laws. Even with admittedly flawed election laws, zealous law enforcement alone could have prevented the fraud that pervaded the 2008 elections. This means doing more than just writing or calling when both prove ineffective to get the official’s attention. People will be required to visit state offices to advance their concerns, accompanied by friends, family, and colleagues, arm-in-arm with the press. In states with holes in existing laws, for example, those states with no vote binding laws, we need to enact these laws. Votes in our state should mean something, whether cast in a general election or in a Presidential preference primary. Otherwise, we should refuse to conduct the primary for the political party. After all, we enacted the laws whose language allowed these private clubs to insinuate themselves into our governmental process in the first place. Only we have the power to write them out.

We also have to ‘call out’ those officials who did us wrong.

I wonder; DID ANYONE CONTACT THE OFFICIALS WHOSE CONVENTION VOTES WERE FOR SALE TO SAY, SHAME ON YOU! If their conduct in this regard now persuades you to vote for someone else, how will they know? If you don’t support the votes cast by your elected officials; or if they won’t enforce vote binding laws in your state (or even investigate charges against a party official who placed the name of a candidate on the ballot notwithstanding he was ineligible for the job) then, announce to these officials you intend not to re-elect them into office. And don’t. But also make sure the candidates now getting your votes know that you expect these unresolved issues to be addressed, as the price of being elected into office.

In the week since the COUP series ran, I received comments that point to another weak link in the omnibus citizen advocacy required to fix our political system: partisanship.

Citizen activism has to be non-partisan. After all, vote binding laws apply to everyone in the state, and they were passed by legislators elected by all of the voters. These are LAWS, not R laws, or D laws, or laws only for Unenrolled’s. (I wonder whether any of you, being R’s, ignored the paid off super delegates because the elected officials who bought off the D’s were D’s themselves? Being D’s, did you ignore the bribery of your public officials for this same reason?) Elected officials swear allegiance to the state and federal Constitutions, and not to the major political parties. Regardless of party affiliation, they need to take these oaths seriously. And regardless of party we, the sovereign citizens, have to make them.

I am not saying bipartisanship alone guarantees a job well done. In TX, the law says, only candidates eligible for office can get their names printed on the state ballot. Boyd Richie, Chair of the Texas Democratic Party (“TDP”) swore to state election officials Obama was eligible to be President but refuses to disclose the documentary basis for his Certification. Based in part on these facts, hundreds of citizens of TX – R’s and D’s and I’s – filed well-documented complaints with AG Greg Abbot (R-TX) charging Mr. Richie had committed election fraud. So far, Mr. Abbott refuses to act on these citizen complaints.

On the other hand, you saw that AG Baker (D-GA), on receiving well-documented complaints from citizens of GA – again, D’s and R’s and I’s – that Obama (D-IL) was violating vote binding laws, did something. IMMEDIATELY. (I wrote the letters but these had to be sent by real citizens of GA, with real addresses in the state. After all, AG Baker works for them.)

We have to begin thinking about the electoral process as non-partisan. Not just because as we have seen in the case of the rampant election fraud perpetrated by members of the D Party; the results have impacted us all. But because if one party sees we are impotent to moderate the conduct of the other, then, it correctly extrapolates our impotence across the political spectrum.

Certainly, we citizens are much stronger acting together to address the flaws in our political system than we are acting as agents for interested political parties.

Finally, I want to emphasize the underlying themes of all of the work I produce with respect to how our political system plays out in real life. Citizenship in our Constitutional Republic is not a spectator sport; and no weapon staves off tyranny more effectively than an educated electorate. Bottom line, I spelled out for you in the COUP series the unlawful fraud that occurred at the 2008 DNC Convention, effecting the outcome of the 2008 Presidential election, entrusting you to ‘run’ with this information. Otherwise, I predict, in the 2012 campaign cycle, your most cynical aspirations will come true. That is, nothing will change. (Except, of course, next time, you will understand perfectly everything that goes wrong.)

EPILOGUE to A COUP, THROUGH and THROUGH

In the COUP Trilogy (A COUP, THROUGH and THROUGH (1 of 3); (2 of 3); and (3 of 3) I charged that DNC operatives hid hundreds of votes of Clinton pledged delegates from vote binding states at the 2008 DNC Services Corporation Nominating Convention so as to ensure Obama’s foregone nomination would be based only on votes cast by delegates pledged to either candidate, and not on votes cast by unpledged PLEO’s, or Party Leaders and Elected Officials, the so-called super delegates.  Further, I alleged the DNC instituted this maneuver so as to allow these PLEO’s to avoid scrutiny they had sold their votes to the higher bidder.  In retrospect, I want to clarify these 2 (two) points; and to end with another.

First, I hope that the technicalities and background narratives of these pieces did not obscure the main point:  members of the Democratic Party conspired to violate election laws passed in 13 (thirteen) states.

Second, my conclusions as to the role the PLEO’s played in this coup was new but the information they were bought, was not.  Nor was any of the other information I posted regarding the planning implemented to ensure Obama would be the Presidential nominee, including configuring a skewed votes-per-delegate formulas; or re-allocating pledged delegates from one candidate to another, by the RBC; or conducting ongoing negotiations regarding not only how and when, but also whether to hold what should have been an automatic open roll call vote of all states on the floor of the convention, consistent with past practice.  What was new was my putting this all together.  And just because the facts fit my final conclusion, this does not mean, I am right.  Naturally, I believe I am.

So, why did I provide so much background information when the charges I was making could have been accomplished in much fewer lines?  For example, I included a lot of background information, like how I stumbled onto vote binding states and frantically worked to get the word out, which information did not make the ‘news.’ That is, you would not know what I did unless I told you. So, I told you.  Because I hope you realize you, too, can figure out something is wrong; and then do something about it.  Whenever you think something isn’t quite right, follow up.  Research.  Ask questions on the blogs.  Until you are satisfied.  And then, educate others, or correct mistakes where necessary, especially when it comes to members of the press, who, at least in reporting on the votes of pledged delegates from vote binding states, keep getting it wrong.

More importantly, now that you know election laws were broken, this calls for redress.

I admit and have admitted several times, I was ignorant as to how our political system worked in real life, before the 2008 election cycle.  But in the past two years, I have worked tirelessly to de-construct the election process so that lay people could understand how it works, and where it doesn’t, take action to shore it up. And that citizen activism must be non-partisan.  After all, vote binding laws apply to everyone in the state, and they were passed by legislators elected by all voters in the state.  These are LAWS, not R laws, or D laws, or laws only for Unenrolled’s.  Public officials swear allegiance to the state and federal Constitutions, and not to the major political parties.

In TX, the law says, only candidates eligible for office can get their names printed on the state ballot.  Boyd Richie, Chair of the TDP swore to state election officials Obama was eligible to be President but refuses to disclose the documentary basis for his Certification.  Based on these facts, hundreds of citizens of TX filed well-documented complaints with AG Greg Abbot (D-TX) charging Mr. Richie had committed election fraud.  Mr. Abbott won’t touch these citizen complaints. But you saw that AG Baker, D-GA, on receiving well-documented complaints from citizens of GA that Obama was violating vote binding laws, did something.  IMMEDIATELY.  (I wrote the letters but they had to be sent by real citizens of GA, with real addresses in the state. After all, AG Baker works for them.) We have to begin thinking about the electoral process as non-partisan.  Because the results affect us all. And we have to compel our state officials to enforce the law, regardless of party.  That’s our job.

I also included numerous links in this series which would lead to more links, which would spell out that PLEO’s voiced public support for the D candidate who donated more money to his or her campaigns.  Did people follow these links and investigate their elected officials?  Did they share this information with families, friends, and colleagues?  DID THEY CONTACT THE OFFICIAL TO SAY, SHAME ON YOU!  Will they now vote for someone else?  Don’t like the way an elected official votes; or that, s/he will not pursue charges against the D’s who placed the name of a candidate on the ballot notwithstanding he was ineligible for the job; or won’t enforce vote binding laws in your state, announce you intend not to re-elect that person into office.  And then, don’t.

And if states have no such vote binding laws, we need to enact them.  Votes in our state should mean something, whether they are cast in a general election or in a primary for a political party.  Otherwise, we should refuse to conduct the primary for the political party.  After all, we enacted the laws whose language allowed these private clubs to insinuate themselves into our governmental process in the first place.  And we can write them out.


Good citizenship in our Constitutional Republic is not a spectator sport.  And an educated electorate is tyranny’s worst enemy.


A COUP, THROUGH and THROUGH (3 of 3)

September 6, 2010

(Note to Readers:  The “COUP” Series is now complete.  See, A COUP, THROUGH and THROUGHEPILOGUE.)

© 2010 jbjd

A COUP, THROUGH and THROUGH (3 of 3) is the final installment in the 3-part series describing the fraud pulled off at the 2008 DNC Services Corporation Presidential Nominating Convention in order to ensure Barack Obama would receive the nomination so that his name would appear next to the D on the general election ballot.  The groundwork for the present article, “The Coup at the Convention,” was laid in the first 2 (two) installments, A COUP, THROUGH and THROUGH (1 of 3); and A COUP, THROUGH and THROUGH (2 of 3).  Trust me, if you understand what got us here, to the convention, then you are now at the same jumping off point as those people who were determined to steal the nomination.  Yep; just like you, from here on in, they were winging it, too.  Because something they hadn’t anticipated happened at the start of the convention which could have derailed their best laid plans to obtain the nomination.  Indeed, as I wasn’t there, it is only in retrospect I can explain to you what I later realized is about to go down, notwithstanding as it turns out, I was responsible for what happened next.

The Coup at the Convention

Judging by how hard they had fought to elbow Clinton out of the race at the beginning of the primary and caucus contests, powerful parties interested in placing Obama in the White House knew from the start, the only certain way to force this flawed candidate on the American people was to limit his exposure to public scrutiny by sewing up his nomination well in advance of the August 25 nominating convention.  They failed, miserably.  Indeed, while publicly maintaining since February, his nomination was a fait accompli; even they didn’t feel comfortable enough until August 14 that, having strong-armed a sufficient number of pledged delegates and paid off the rest, no matter what, they would pull off the nomination in an open roll call vote of pledged delegates from all states on the floor of the convention; to concede consistent with past practice the name of any other candidate seeking the nomination should also be formally entered into the roll.

Yes, they were confident on August 14 and for almost the next 11 (eleven) days that their Herculean investments in his candidacy over the past couple of years would pay off, better late than never.  And in the end, even accounting for the open roll call vote of pledged delegates from every state, from the floor of the convention,  he would walk away with the nomination.

Have Senate Majority Leader Harry Reid (D-NV) recruit Obama in the summer of 2006 to run against Clinton for the 2008 Presidential nomination?  Check.  Immediately thereafter, have DNC Chair Howard Dean rig the delegate apportionment process so as to ensure that Clinton, despite winning on account of real votes cast in state contests for her, would nonetheless lose and Obama, despite losing the actual vote count, would win?  Check, check, and check.   Have him appoint Pentacostal Preacher Leah Daughtry, DNC Chief of Staff, to be the CEO of the 2008 DNC  Services Corporation Presidential Nominating Convention?  Check.  Have him make Nancy Pelosi (D-CA), Speaker of the U.S. House of Representatives and 3rd in line of Presidential succession, the Chair of the 2008 Convention thus enabling her to control the nomination process (and after making him the nominee, to co-sign the Certification of his Nomination swearing to election officials he is Constitutionally eligible to be President to get them to print his name on the ballot in states whose laws only allow on the ballot the names of candidates who are legally qualified for the job)?  Check.

Then, on August 25, the first day of the convention, something unexpected happened which began to unsettle his henchmen; and which, by Tuesday, August 26, the second night of the convention, had panicked them into pulling a bait and switch on the scheduled roll call vote of pledged delegates from all states on the floor of the convention, scrambling to preserve the chance that just through the use of that roll call, he could get the nomination.

That’s when they scrapped the scheduled open roll call vote of all states on the floor of the convention, simultaneously orchestrating a convoluted ploy affording them plausible deniability, they had not.

The ‘change’ in voting procedure, fashioned by both the Clinton and Obama camps Tuesday night, was rolled out to the press in Wednesday morning’s conference call.  (Even the word “change” was never used.) Bill Burton, spokesperson for the Obama campaign,  handed off the details to Jenny Backus; and she only prefaced her remarks by saying, she would “talk a little bit today, um, about some of the, um, process that you will see that will happen tonight, um, at the convention.”

Last night, convention secretary Alice Germond; ah, Jeff Berman, who is a senior adviser to the Barack Obama campaign; and Craig Smith who is a senior adviser to Hillary Clinton sent out a joint note to, um, all of the state delegation chairs with some information about, um, Wednesday’s roll call vote.  Ah, basically, um, here’s the guidance that we can give you, ah, so far.  Ah, last night and this morning, state delegations received vote tally sheets for their delegates.  Um, throughout the day today they’ll be distributing those tally sheets to their delegates.  Um, the cheat sheets will be completed by 4pm mountain time.  Eh, today from about 3 to 5pm mountain time   the voting and roll call procedure will happen.  Um, the convention will gavel open at 3, ah, there’ll be, um, 3 nominating speeches, um, for Senator Clinton, a nominating speech and seconding speeches, ah, and then a nominating speech and 3 seconding speeches for Senator Obama.  Ah, they will, ah, each candidate’s speeches will total, ah, no more than 15 minutes, so that’ll be about a half an hour of speeches.  Once the speeches are concluded the vote tally sheets will be collected, ah, by the office of the secretary, ah, and then we will begin the roll call of the states and the delegation chair or her designee will announce the totals for each candidate.  So, that’s the procedure how the roll call vote is gonna work today.

Um, and, ah, you can look forward to later this morning, ah, a joint statement from the Clinton and Obama office about who will be giving those nominating speeches, um, for each of us.

http://politicalticker.blogs.cnn.com/2008/08/27/roll-call-details-hammered-out/?fbid=yBSb83MFwB9

A reporter from BBC (whose name I did not get) asked, “…in reference to the roll call vote, I just wanted to confirm that there’s not going to be stoppage of, of any sort of states, that all 50 states will have their say and their vote tallies announced, right?  There won’t be any kind of stopping?” Id.

Ms. Backus replied, “Um, the guidance that we’re giving you on the roll call vote is basically exactly what I just, ah, said to you right there.  Um, it will go from, ah, 3 to 5pm mountain, ah, which is 5 to 7pm eastern, um, and that’s the procedure on how it’s gonna work.”  Id.

Joe Manus, St. Louis Post Dispatch asked, “So the roll call will be at the beginning of tonight’s proceedings; and will the states be doing their unofficial tallies like this morning at the breaksfast?” Id.

“States will, um, begin to do their, um, unofficial tallies at the breakfast and throughout the day, um, and they will turn in those tally sheets, ah, this evening after either during or after, um, the nominating speeches before the call of the roll begins.” Id.

In sum, Ms. Backus told the press, pledged delegates will begin voting at their hotels this morning and throughout the day as delegation chairs distribute the “cheat sheets” to members of their delegations, only until 4:00 mountain time, when they are due to be delivered to the floor of the convention to be added into state totals which will be announced during the roll call of all states on the floor of the convention beginning at 3:00 mountain time.

Get it?

Delegates awoke on Wednesday, August 27, and shuffled off to another round of state delegation breakfasts where, in addition to their coffee and tea, they were now served up this bitter elixir from their delegation chairs.  They would have to cast votes for their candidates after breakfast, in the hotel, behind closed doors, and then re-group on the floor of the convention.

Their response?  Total confusion.

At least according to this account published in the Austin Chronicle at 1:33 on Wednesday afternoon, describing what had happened that morning when Boyd Richie, Chair of the Texas Democratic Party (“TDP”), a super delegate who had committed to Obama before the end of the primary/caucus contests, announced the new plans to the Texas delegation.  (All mistakes appear in original.)

Finally, a Roll Call Vote

Boyd Richie announced a change to the Roll Call Vote process at this morning’s Delegate Breakfast. After receiving our delegate credentials, we were directed to a small room in the west wing of the host hotel. Inside the room we presented our delegate credential and ID, then placed our president preference (Obama, Clinton, or Abstain) and signed our name. This was our official vote. The list will be copied and published then delivered to the Pepsi Center via a shuttle bus around 12:30pm (Emphasis added by jbjd.)

Mr. Richie stated that officials staying at other hotels would still have the opportunity to vote later today. (Emphasis added by jbjd.)

Chairman Richie was upset both visibility and emotionally when some delegates asked whether observers would be present during the voting process. “We’re all Democrats”, said Richie in an angry tone. Finally, after several interruptions from some delegates requesting an observer, he asked the Obama registered agent Ron Kirk and Hillary registered agent Garry Mauro whether they wanted observers. Registered agents are the official representatives for campaigns. Mr. Kirk said they [Obama delegates] were not interested in having observers. As he said this, some Obama supporters began to chant, “Unity, unity.” In place of Mr. Mauro, John Oeffinger represented the Hillary campaign and honored the request of Hillary delegates to assign observers. John then immediately scrambled about the ballroom to schedule observers in shifts.

Strangely, we’ve also been told that we’ll vote again this evening. Mr. Richie said he did not know the process for delegates that wish to change their vote from what they placed on this morning’s ballot. (Emphasis added by jbjd.)

After voting, we were sent to a table to obtain our seating assignment for this evenings Roll Call Vote at the Pepsi Center.

So, how many times do we vote? Which one counts? I guess we’ll find out tonight.

http://www.austinchronicle.com/gyrobase/News/Blogs/index.html/objID666330/blogID/

How many times do we vote?”  “Which one counts?”  Mr. Richie’s announcement there was a “change” in the voting procedure obviously left the Texas delegation with the impression, the ‘process’ used by the DNC to choose their Presidential nominee was ‘play it by ear.’

In contrast, that same morning, at 9:43, the Rocky Mountain News announced convention committee CEO Leah D. Daughtry described the voting process was ‘business as usual,’ pursuant to the ‘rules.’

Convention roll-call plans set for tonight

COLORADO CONVENTION CENTER — Each state at tonight’s session of the Democratic National Convention will announce the results of its delegate tally during a roll call that has been the source of much speculation and controversy this week.

Convention committee CEO Leah D. Daughtry said the roll call will take place as it has in previous conventions, despite speculations that a compromise between Sens. Barack Obama and Hillary Clinton might result in a departure from the usual process.

The roll call is guided by the rules of the party,” Daughtry said at this morning’s convention press briefing. “It will proceed just as the rules dictate. (Emphasis added by jbjd.) Every state and every delegate will have the opportunity to vote. Everyone will be represented. Everyone will have their votes counted.”

The roll call will begin with each state announcing its delegate vote totals for the two Democratic candidates after a series nominating and seconding speeches for Clinton and Obama, Daughtry said.

Voting has already begun, as delegates began receiving tally cards this morning. (Emphasis added by jbjd.)

http://www.rockymountainnews.com/news/2008/aug/27/convention-roll-call-plans-set/

Guided by the rules of the party…just as the rules dictate?”  Rules?  What rules?

Certainly not the Delegate Selection Rules, 2, Participation, F:

In accordance with Article Nine, Section 12 of the Charter of the Democratic Party of the United States, votes shall not be taken by secret ballot at any stage of the delegate selection
process
…?

http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhyc4.pdf

Or Article Nine, Section 12 of the Charter:

All meetings of the Democratic National Committee, the Executive Committee, and all other official Party committees, commissions and bodies shall be open to the public, and votes shall not be taken by secret ballot.)

http://s3.amazonaws.com/apache.3cdn.net/58e635582dc516dd52_5wsmvyn09.pdf

This drivel points to why I said in COUP (2 of 3), it’s useless trying to reinstate order to the Democrat’s Presidential nominating process by falling back on the rules, regulations, and Charter of the Democratic Party.

By 12:53, Ben Smith at Politico was announcing Barack Obama’s campaign has reverted to plans for a traditional roll call on the convention floor… (Emphasis added by jbjd.)

There’s a bit of confusion about the plans for a roll call, and some Democrats say they’re dissatisfied by a process that has them voting in private, by state. But that’s the old-fashioned way, says my colleague Andy Glass, who’s covered these for years.

http://www.politico.com/blogs/bensmith/0808/A_traditional_roll_call.html

But whichever version of events you bought into – “just as the rules dictate”;  “the old-fashioned way”; or ‘play it by ear’ – one thing was clear.  From the outside looking in, it wasn’t easy to recognize these events for what they were:  the signal that Obama’s warriors had decided at the last minute to scrub the scheduled open roll call vote of pledged delegates from all states on the floor of the convention, which was expected to have been followed by Clinton’s release of her pledged delegates, and then another vote after that, which was supposed to give him the nomination.

Incredible, huh.  Thousands of eye witnesses in Denver, including the press, scrutinizing every detail of the goings on inside the convention, and no one asked why whoever was in charge had decided to scrap the open roll call of pledged delegates.  Why?  Because they lacked the information necessary to recognize what they were observing.  So, what was this ‘thing’ that happened under everyone’s nose yet flew under the radar, so significant it caused Obama’s allies in the DNC to re-orient the nomination process at the last minute in order to hide votes for Clinton from her pledged delegates as the preferred means to guarantee his nomination?

Word had spread to the Clinton pledged delegates sent to the convention from those 13 vote binding states, including CA, that the laws in their states required them to hold fast to their candidate through at least the first round of voting at the convention; and that their Attorneys General had received complaints Obama’s people were subverting the law by trying to get those delegates to promise to switch their votes to him, even before they got to the convention. We know that at least one of those A’sG, Thurbert Baker (D-GA), instructed that state’s pledged delegates to obey the law.  Consequently, these delegates were going to obey the law, and vote for her through at least the first round.  Some, including Clinton pledged delegates from CA, even after that.

So, why was this such a big deal? BECAUSE OBAMA AND HIS CONSORTS HAD ONLY AGREED TO HOLD AN OPEN ROLL CALL VOTE ON THE FLOOR OF THE CONVENTION RELYING ON THE FACT, SEVERAL HUNDRED CLINTON PLEDGED DELEGATES FROM VOTE BINDING STATES WOULD HAVE NO IDEA THEY WERE ‘PLEDGED’ PLEDGED TO CLINTON WHEN THEY REACHED THE FLOOR OF THE CONVENTION. Thus, those pledged delegates who had already been successfully co-opted  to switch their votes to him, added to those who would enthusiastically switch to him in the fabricated momentum of the occasion; plus those who would fatalistically give in to the feigned inevitability of his nomination, would easily put his numbers over the top.

But didn’t I say, in COUP (1 of 3), Obama’s agents would have known which states had vote binding laws before they twisted the arms of Clinton delegates in those states since the state delegate selection Plan sent to the RBC for approval had to include details of any state laws respecting the conduct at the convention of pledged delegates from that state? Yep; that’s what I said.  So now you’re probably thinking, ‘well, jbjd, if Obama’s people knew about the laws in those states by looking at those delegate selection Plans then, wouldn’t any delegates seeking guidance as to their conduct at the convention by examining the state Plan, be able to read about the state’s vote binding status, too?’  Nope.  Know why?  Because there was nothing in those state Plans about vote binding laws. And now you are probably shaking your heads.  Why did I say the Plans submitted to the RBC explain how Obama’s people knew in advance which states had vote binding laws if the Plans contain no information about vote binding laws!

To answer this question, you have to read the fine print in the RBC Regulations.

Section 2, Submission and Review of Plans, regulation 2.2, Formal Submission, reads, “Each State Party Committee shall include the following documentation with the submission of its Plan to the RBC…”  “I., “… a copy of all state statutes reasonably related to the delegate selection process…”  Id. Did you catch that?  The rules don’t say, this documentation about special state laws regarding how pledged delegates must vote at the convention is a part of the state delegate selection Plan.  The RBC rules only tell the state committee, when submitting the delegate selection Plan for our approval, you have to attach this additional information.

In other words, this additional information forwarded to the RBC by the state party about special state laws respecting party delegates – this would include laws spelling out how to submit to state election officials the name of the Presidential nominee to be printed on the state ballot -  does not become a part of the accompanying state delegate Plan.  Wanna see?

Here’s California’s approved 2008 Delegate Selection Plan.  Nothing in either the Table of Contents or the body of the Plan, references any special laws requiring pledged delegates to vote for the candidate voters in that state elected them to represent, on the floor of the convention.

This means that pledged delegates wading through the various DNC documents for guidance as to how they should vote at the convention would only find this line on p. 19 in the DNC Call for the 2008 Convention:

All delegates to the National Convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.  (Emphasis added by jbjd.)

“Good conscience.”  But nothing about the law!

Here’s just a sample of language I pulled together from the laws in some of those vote binding states.

“Each person selected as a delegate shall sign a pledge that the person will continue to support at the national convention the candidate for President of the United States the person is selected as favoring until 2 convention nominating ballots have been taken.”  OR

“Each political party shall, on the first ballot at its national convention, cast this Commonwealth’s vote for the candidates as determined by the primary or party caucus.”  KY

“Each delegate or alternate delegate to the national convention of his political party shall cast their vote on all ballots for the candidate who received this state’s vote.”  OK

“Each delegate to the national convention shall use his best efforts at the convention for the party’s presidential nominee candidate who received the greatest number of votes in the presidential preference election until the candidate is nominated for the office of president of the United States by the convention.”  AZ

“As a delegate to the national convention of the Democratic Party, I pledge myself to vote on the first ballot for the nomination of president by the Democratic Party as required by Section 1-8-60 NMSA 1978.”  NM

“Delegates and alternates shall be bound to vote on the first ballot at the national convention for the candidate receiving the most votes in the primary.”  VA

“The delegates to the national conventions shall be bound by the results of the preferential presidential primary for the first two (2) ballots and shall vote for the candidate to whom they are pledged.”  TN

In an Opinion now appended to his state’s binding vote law, the words of the Attorney General of GA reach the heart of similar laws enacted in all of these states:  “This section reflects the legitimate interest of the state in insuring orderliness in the electoral process, and it provides a means of presenting the political preferences of the people of this state to a political party.”  GA

(Can you imagine how long it took me to research the election laws in all 50 states in order to find the 13 states that bound their delegates at the convention?)

The majority of pledged delegates from vote binding states were unaware of their special status coming into the convention.  How can I prove this?  And, more importantly, how do I know that news of their obligations under the vote binding laws of their states still managed to reach Clinton pledged delegates?  And that this new found knowledge was a game changer to the roll call vote?

In the summer of 2008, I was only one of hundreds of citizen activists who became immersed in the machinations of the Presidential nominating process of the Democratic Party.  As I previously explained, one of my contributions was to ‘discover’ and then publicize the existence of those 13 vote binding states.  As I wrote in A COUP, THROUGH and THROUGH (2 of 3), my work did not immediately ignite the endorsement of people who could have spearheaded a massive public education campaign in advance of the convention.  GA was the one state in which I and my team of Georgians were able to get out a concerted campaign to alert both Clinton pledged delegates and AG Baker, Obama’s agents were breaking the law.  And, as a result, AG Baker reminded delegates in that state, “pledged” means pledged. Id. Eventually, in the days immediately preceding the convention, my work on vote binding states did attract the attention of members of the party who, previously unaware these laws existed, saw the strategic value of the work to support the Clinton campaign.  Id.

But what I hadn’t yet told you, is that my work on vote binding states also attracted the attention of another citizen activist, from CA, who not only managed to get inside the convention, but who also had a hand in assembling packets of information that were distributed to all delegates.  Guess what she slipped into these delegate packets?  Yep; my materials on the laws regarding the votes of pledged delegates from vote binding states.

Nancy Pelosi, Chair of the 2008 DNC Convention, was a member of the CA delegation.  She addressed the CA delegates at their first delegation breakfast on Monday, August 25.  Listen as she not-so-subtly twisted arms to get Clinton pledged delegates to violate CA law.  Imagine, the Chair of the 2008 DNC Convention, soliciting Clinton pledged delegates to abandon the will of the voters, in defiance of the law, in order to support her candidate of choice?   Imagine being a Clinton pledged delegate sitting in the audience under the watchful eye of the powerful Madame Speaker; holding a packet of materials that informed you for the first time, you are from a vote binding state.  How free do you suppose you would feel to question what she was saying, let alone to express disdain at what she was asking you to do?

Another member of the CA delegation receiving this information was Attorney Gloria Allred, a Clinton pledged delegate.  Watch while she informs reporters when Monday’s breakfast was over, that fellow delegates had asked her to research whether the law required them to vote for Clinton on the first round of balloting.  (Some confusion arose because CA election law applicable to either the D or the R Presidential preference primary is codified in separate sections.   But D delegates are bound by law to the candidate voters elected them to represent, arguably until a candidate is nominated at the convention.)  Ms. Allred makes a point of saying, she will vote for Clinton on the first round in order to carry out the will of the voters who elected her; but makes clear, she does not yet know whether such a result is required by law.

By Tuesday morning’s breakfast, Ms. Allred had researched CA election law.  Here she is after breakfast, informally trying to get word out to Clinton pledged delegates,  they are bound to vote for their candidate at the convention.  (I wish I could see the papers she is waving around.  Maybe one of these was my letter to AG Brown complaining Obama was poaching Clinton delegates in his state and asking him to intervene?)

Later that same day, speaking at the end of a rally to celebrate the 88th anniversary of women’s suffrage, the 19th Amendment, Ms. Allred, claiming she was denied the opportunity to formally address fellow delegates at breakfast, now informs the crowds, in CA, the primary is “binding.”  She points out, ‘voting for Clinton is consistent with DNC rules which say, use your “conscience” to represent the voters who elected us, since they elected us to vote for Clinton…’

She reasons, ‘even if Hillary releases, we owe an obligation to the voters.’

That night, Pelosi, Obama, Dean, and Reid, et al. decided to call off the open roll call vote of all states scheduled to take place Wednesday evening on the floor of the convention.

So, instead of waiting until after the first round of voting during the open roll call of all states on the floor of the convention, Clinton released her delegates early Wednesday afternoon.  AFTER THE FIRST ROUND OF VOTING (albeit behind closed doors at the hotel).  Now, technically, according to some of these vote binding laws, pledged delegates from vote binding states were free to vote for the candidate they in “good conscience” (from the DNC Delegate Selection Plan) concluded was a “fair reflection” (from the DNC Charter) of the will of the voters who (indirectly) elected them.  And they might have, except for one thing:  having already voted once, back at the hotel, they would have no opportunity to vote again.

This last minute early release of Clinton delegates from their pledges could have created another problem if it hadn’t also escaped detection.  See, since Clinton did not release her delegates until Wednesday afternoon; when Clinton pledged delegates from vote binding states voted at their hotels Wednesday morning, they had to vote for her according to the law.  Thus, any vote totals from those 13 vote binding states that were then transmitted to the Secretary should have reflected the number of delegates appointed as the result of votes cast in the state for the candidate, at the time of the primary or caucus contest, right?  Not surprisingly, they did not.

Here are the numbers of Clinton pledged delegates awarded as the result of votes voters cast for her in those vote binding states: AZ – 31, CA- 204, GA-27, IN-38, KY-37, MA-55, NH-9 NM-14, OH-74, OK-24, OR-21, TN-40, and VA-29. This makes a total of 609, just from those vote binding states. http://www.thegreenpapers.com/P08/D-HF.phtml The total number of votes from Clinton delegates just from those vote binding states we saw ‘vote’ from the floor of the convention, before NY, should have been 415.  But it wasn’t.  Not even close.  (The low number of Clinton votes becomes even more suspect when you consider, in addition to votes from Clinton pledged delegates from vote binding states, the totals would also have included votes from Clinton pledged delegates who were not legally bound to vote for her but who, in “good conscience,” would have honored the voters who elected them by sticking to their candidate, at least on the first round.)

The DNC refuses to release an ‘official’ tally of votes cast in the hotels, by whom.  I received an email from a KY Clinton pledged delegate who said her delegation chair, Jennifer Moore, ignored her request for a list of that state’s votes, too.  Shortly after the convention, the DNC did release some kind of tally sheet that included ALL states, not just those states voting on the floor of the convention; but they rescinded that list shortly thereafter.   The GreenPapers published that list, with links, that are now inoperative.  In the 2 (two) years since the convention, the DNC has failed to post another list.

According to Andy Glass at Politico, “…there’s not even any formal mechanism within national party rules for each delegate’s vote to be recorded. What’s recorded is the vote of each state delegation.” Id.

The CA delegation passed.  The reason?  According to Don Frederick at the LATimes, “because a tally of its 441 votes had not been completed when the state’s name was called.”  But hadn’t they already voted back at the hotel?  (Evidently, Mr. Frederick is another one of those reporters who is unaware of the laws in those vote binding state.  He writes, “Clinton did not receive a majority in any of the recorded tallies — and in most, Obama’s backing was overwhelming. But Clinton’s support was notable in a few instances, including Arizona (40 votes for Obama, 27 for her), Kentucky (36 for him, 24 for her) and Massachusetts (65 for him, 52 for her).”  “Notable”?  How about, ILLEGAL? AZ, KY, and MA are all vote binding states.)

This means, while we can establish which of Obama’s agents suborned Clinton pledged delegates in vote binding states to violate their pledge; we cannot determine which of those delegates ended up breaking the law.  Including those pledged delegates who are PLEO‘s, or party leaders and elected officials, like mayors, governors, city councilors, and legislative leaders.   And this brings us to the heart of the matter involving Clinton pledged delegates from vote binding states:  the unpledged PLEO’s, better known as super delegates.

See, here’s the thing.  As long as pledged delegates from vote binding states remained unaware of their bound status, Obama could have managed to convert an only slight (contrived) lead in pledged delegates into a landslide win.  Only, this landslide was in jeopardy once pledged delegates from vote binding states learned they were bound by the law.  But so what?  Even without any shenanigans with respect to any of the pledged delegates, based strictly on the number of pledged delegates awarded immediately after the primary and caucus contests ended; neither Clinton nor Obama had the requisite number of votes from pledged delegates alone to win the nomination.  Certainly not on the first round. At some point, if the typical give and take expected of such political theater could not produce a nominee, the unpledged PLEO’s would have broken the impasse.  And the majority of these unpledged PLEO’s had already come out publicly in support of Obama, even in states where Clinton had won the popular vote. In other words, whatever happened along the way, in the end Obama was set to run off with the nomination.

So, why the mad rush to take the nomination just from votes cast by pledged delegates?

Recall what I wrote in A COUP, THROUGH and THROUGH (1 of 3):

DNC rules provide if voting at the convention fails to support one candidate over the other then, special super delegates will add their votes to the totals to reach the number required for nomination. So they were also furiously pouring money into the PAC’s and war chests of these super delegates, in return for which the candidate received a public pledge of support positively correlated to the superior size of his financial investment.

The people who staged the 2008 DNC Services Corporation Presidential Nominating Convention needed the pledged delegates to pull off Obama’s nomination because they did not want you to see that the votes of those unpledged super delegates had been bought and paid for, well in advance of the convention, by his wealthy benefactors…

From OpenSecrets:

For those elected officials who had endorsed a candidate as of Feb. 25, the presidential candidate who gave more money to the superdelegate received the endorsement 82 percent of the time. In cases where Obama had made a contribution since 2005 but Clinton had given the superdelegate nothing, Obama got the superdelegate’s support 85 percent of the time. And Clinton got the support of 75 percent of superdelegates who got money from her but not from Obama. For this update to the Feb. 14 study the Center combined contribution data with a list of superdelegates and their endorsements compiled by The Politico as of Feb. 25.

http://www.opensecrets.org/capital_eye/inside.php?ID=338

…including Madame Pelosi, his biggest ‘vote fairy godmother’ of all.

From Dr. Lynette Long, in NoQuarter:

“Bought and Paid For! By Nancy Pelosi”

As Americans sat glued to their television sets watching the most hotly contested presidential primary in American history, pundits counted pledged delegates won in caucuses and primaries and discussed the highly prized superdelegates’ endorsements. Eventually it would be these superdelegates, Democratic officials, governors, and members of congress, who would determine the nominee, since neither contestant won enough pledged delegates in the 52 primary contests.

What the pundits forgot to tell the American public was that these superdelegates were doing some counting of their own. They weren’t counting how many of their constituents had voted for Senator Clinton or Senator Obama, but rather how much money was being put into their war chests by the Obama campaign and the Democratic hierarchy. This money, moved from one candidate to another via PAC’s, would determine their endorsements and ultimately the nomination….

http://www.noquarterusa.net/blog/2008/08/13/bought-and-paid-for-by-nancy-pelosi/

And that’s why they pulled off the coup that hid hundreds of votes of Clinton pledged delegates from vote binding states at the 2008 DNC Services Corporation Presidential Nominating Convention.

Conclusion

For readers expecting a sort of summation of the ‘lesson learned’  from all three installments of “A COUP, THROUGH and THROUGH,” the main focus of which series was the fraud pulled off at the 2008 DNC Services Corporation Presidential Nominating Convention, I offer this.

“I can only imagine Clinton would have made a much better President than Obama but, based on how he obtained the nomination, I anticipated he would make a much better crook.”  jbjd.

EPILOG

A lay person looking at this chart of delegates can easily read, the total number of delegates for either candidate fails to get the nomination.  But Obama had bought off a sufficient number of these super delegates to help him steal the nomination.  So, even with a real open roll call vote of all states from the floor of the convention, before the arm twisting and poaching, eventually, the super delegates would have had to intervene to break the impasse.

A COUP, THROUGH and THROUGH (1 of 3)

August 10, 2010

(Note to Readers:  The “COUP” Series is now complete.  See, A COUP, THROUGH and THROUGH (2 of 3), (3 of 3), and EPILOGUE.)

© 2010 jbjd

Introduction

The Democratic National Committee Services Corporation, disguised as the DNC, installed Barack Obama into the Office of President of the United States of America by committing massive election fraud that played out uniquely during each of these 3 (three) phases of the 2008 Presidential election cycle in relation to the company’s August 2008 Presidential Nominating Convention: 1) pre-Convention; 2) Convention; and 3) post-Convention. The fraud committed both before and after the Convention has been dissected in several articles previously posted here on the “jbjd” blog.

This  three-part series entitled, “A Coup, Through and Through” analyzes the fraud pulled off at the Convention.

Keep in mind, not all fraud is created equal. While the record establishes the D’s committed fraud throughout the general election cycle, my work has remained focused almost exclusively only on that fraudulent conduct which both 1) violated laws explicitly or implicitly proscribing such conduct; and 2) arguably altered the outcome of the 2008 Presidential (Electors) election.

Part 1: Prologue to Fraud

Before Barack Obama could be installed in the Oval Office, interested parties both within and outside of the Democratic National Committee Services Corporation had to ensure he would win the DNC Presidential nomination so that his name could appear next to the D on the general election ballot.  Because, as I have previously opined, while Electors voting in December may elect anyone they want; I could not imagine they would dare to elect a President whose name hadn’t even appeared on the November ballot. NEVER LESS THAN A TREASON (1 of 2) and (2 of 2). (Note:  I recently learned the D’s have been pressing state legislatures to pass the National Popular Vote Initiative (“NPVI”).  If this thing gets through, I believe even a candidate who fails to qualify to get on the ballot in one or more states can still be elected.) (See, HOW ADOPTING the “NATIONAL POPULAR VOTED INITIATIVE” CAN STEAL an ELECTION ‘BY HOOK’ and ‘BY CROOK’.)

But given the several problems they knew were inherent to his candidacy, any one of which, if exposed, could prove fatal to his political aspirations, winning the nomination would require that they clinch the nomination as far as possible in advance of the DNC convention. In this way, they could limit the scope of the public examination of the candidate apt to occur in a protracted battle for the nomination.

They were willing to do whatever it took to accumulate enough pledged delegates during the primary and caucus contests to reach the magic number that long before the convention would ensure at that time, he would be handed the nomination. Manufacture chaos at the caucuses and capitalize on the confusion created? Check. Collude with A.C.O.R.N.? Check. Censor critics with charges of racism? Check. Cultivate a compliant press willing to conceal stories unflattering to either the candidate’s character or, their own complicit conduct on the road to his nomination? Check and check.

When the numbers for Hillary Clinton, his toughest competition in the race for the nomination, placed these two in a virtual dead heat with 3 (three) more months until the primary and caucus contests ended and 5 (five) months until the convention, co-opt the free will of the voters by spreading the meme she has already lost the nomination? Check. Co-opt the free will of the candidate by calling her a sore loser if she doesn’t drop out of the race now and throw her support(ers) to him, for the good of the party? Check.

DNC rules provide if voting at the convention fails to support one candidate over the other then, special super delegates will add their votes to the totals to reach the number required for nomination. So they were also furiously pouring money into the PAC’s and war chests of these super delegates, in return for which the candidate received a public pledge of support positively correlated to the superior size of his financial investment.

But even factoring in the votes of those super delegates already expressing support for Obama, with less than 3 (three) months to go before the convention he still had not achieved the superiority in delegates that would secure his nomination. And the delay had taken its costly and anticipated toll.

Despite their best efforts to control the narrative, one of those ‘problems fatal to his political aspirations,’ known as Rev. Jeremiah Wright, had leaked out. And from the time the public learned of the long close relationship between the candidate and his avowed “spiritual adviser,” he had already lost more than 10 (ten) points in the polls.

To understand what they did next, you need to know the difference between being designated a Clinton pledged delegate and an Obama pledged delegate.

Attorney Bob Bauer, then counsel to the DNC and now WH Counsel, explains the delegate selection process to the federal court in DiMaio v. DNC, a case not material to the fraud laid out here.

The DNC is the governing body of the Democratic Party of the United States and is responsible for promulgating delegate selection rules for the 2008 Democratic National Convention…The nominee of the Democratic Party for President of the United States is chosen by the delegates to the Democratic National Convention held in each presidential election year. The National Convention is organized and run by an arm of the DNC. The delegates from each state are chosen through a process adopted by the state’s Democratic Party. For each presidential election starting in 1976, the DNC has established formal Delegate Selection Rules to govern the selection, in each state, of its delegates to the National Convention. These rules require each State Democratic Party to develop a written delegate selection plan and to submit that plan to the DNC’s Rules and Bylaws Committee (“DNC RBC”) for review and approval. The delegate selection process in each state involves two basic functions: (1) the allocation of delegate positions among presidential candidates, i.e., how many delegates from that state will go to the Convention pledged to each candidate; and (2) the selection of the actual individuals to fill those positions, i.e., the selection of the people who will attend the Convention as delegates and alternates. Generally, state parties use either a primary or a caucus/convention system. In a primary system, the state party uses the state-government run or a party-run primary election to allocate delegate positions, and then a party-run meeting (caucus) to fill those positions. In a caucus system, the state party uses a series of party-run meetings — caucuses — both to allocate delegate positions and to select the persons to fill those positions. A caucus/convention system does not involve use of the state’s electoral machinery. Of the 56 states and territories that sent delegates to the 2008 Democratic National Convention, 20 used party run caucus/convention systems.

http://www-lvs13.net.ohio-state.edu/electionlaw/litigation/documents/Dimaio-Brief-9-19-08.pdf

In short, the numbers of votes a candidate receives in a party primary or caucus contest translates into so many pledged delegates awarded, based on the vote:delegate ratio concocted in advance by the party. When the contest is over, the state party meets to select which party faithful, pledging fealty to one candidate or the other, will fill the slot of pledged delegate for his or her preferred candidate and then cast a vote for that candidate at the national nominating convention.

On May 31, the DNC RBC met to finalize their response to the dilemma presented by FL and MI. Legislatures in both states had moved up their primaries in contradiction to the calendar set by the DNC. As punishment, the DNC indicated it would not seat delegates from either state at the convention. (Accused of “pandering” to Iowa, Obama had pulled his name off the ballot in MI. Clinton did not. She won heavily in both states but, the DNC and their allies in the press not only did not count those pledged delegate numbers in her totals, they did not even credit her with receiving the number of popular votes.) DNC Chairman Howard Dean had said in March, he expected delegates were “eventually going to be seated in Florida and Michigan as soon as we get an agreement between the candidates on how to do that.”  In the meantime, each state party had allocated pledged delegates based on the actual popular vote for the candidates whose names appeared on the ballot, including those delegates who filled the slots represented by the ‘name’ “Uncommitted,” a category that received 40% of the MI vote.

The Committee,  whose members were hand-picked by Chairman Dean, heard from both of the states involved, and from representatives of both of the candidates, and then made their decision.  In FL, where both candidates appeared on the ballot, the Committee awarded delegates in accordance with the popular vote, but gave each delegate only half a vote at the convention. But desperate to bolster Obama’s sagging numbers, his allies on the Committee adopted this solution for MI. First, all delegates would be seated at the convention but with only half a vote each. Second, all votes that had been cast for “Uncommitted” were now deemed to have been cast for Obama; and delegates assigned based on votes cast for “Uncommitted” would be reassigned to delegates loyal to him. Third, 4 (four) of those pledged delegates already assigned to Clinton as the result of votes cast for her; would be taken away and re-gifted to him.

In the eyes of many stalwart Democrats, by second-guessing the voters’ intent in this way, the RBC had abandoned the core principle of “fair reflection” enshrined in the DNC Charter. Harold Ickes, an adviser to the Clinton campaign, pulled no punches. “This motion will hijack, hijack, remove four delegates won by Hillary Clinton and most importantly reflect the preferences of 600,000 Michigan voters. This body of 30 individuals has decided that they are going to substitute their judgment for 600,000 voters.”

On June 3, the primary / caucus season ended.  Clinton suspended but did not end her campaign.

Once upon a time – March 28, 2008, to be exact – Chairman Dean announced to the press he thought it would be “nice” if by “July 1,” all of the  superdelegates weighed in with the name of the candidate they would support, implicitly acknowledging even back then that neither candidate would secure the requisite number of pledged delegates throughout the remainder of the primary / caucus contests  to ensure the August nomination.  Top Democrat wants party contest decided by July 1. But on June 4, the day after the primaries ended and just 5 (five) days after the RBC issued its controversial shuffling of the MI delegate deck to sweeten Obama’s hand, the following headlines appeared in the L.A. Times:  “BREAKING NEWS:  Dean, Pelosi, Reid set Friday deadline for superdelegates’ choices, move to force end to Clinton bid

According to the article, DNC Chairman Dean; Nancy Pelosi, (Speaker of the U.S. House of Representatives and 3rd in line of Presidential succession, acting in a civilian capacity as Chair of the 2008 DNC Services Corporation Presidential Nominating Convention); and Senator Harry Reid jointly issued a “carefully worded statement” which was widely interpreted as “a clear step to force an end to the effort by Clinton,” telling superdelegates to make their candidate choices known “tomorrow.”

Tomorrow? Whatever happened to “by July 1″?  Why this sudden (and rather petulant) rush to memorialize Obama’s coronation?  Probably because those pesky problems with his candidacy were about to derail his political aspirations.

For months now, rumors had been swirling that Obama was not Constitutionally eligible for the job.  Specifically, he is not a “natural born” citizen, one of three requirements listed in Article II, section 1 of the U.S. Constitution.  Then Communications Director Robert Gibbs (now WH Press Secretary) had come up with a seemingly brilliant on-line advertising campaign under the banner, “Fight the Smears,” designed to counter these mounting speculations.  The focal point of the ad campaign was an image of a mock-up “Certification of Live Birth,”  listing Obama’s place of birth as “Hawaii.”  (It was even appropriately redacted so as to give the appearance of protecting the candidate’s privacy.)  Ad copy accompanying the image reassured the public, this proves he is a “native” citizen.  At the bottom of the page, in the footer, appeared the sort of attribution required by the U.S. Code for all political advertising expenditures:  “PAID FOR BY BARACK OBAMA.”

Designing a political ad campaign such as “Fight the Smears” ‘to be used only in case of emergency’ was one thing; but actually rolling it out was another.  Because its success gambled on the truth of this one contemptuous statement:  American voters are too stupid to know that there’s a difference between “natural born”  and “native”; and that “Fight the Smears” is nothing more than a PAID POLITICAL ADVERTISEMENT, anyway.  Understandably, the Obama team held back on the nuclear “Fight the Smears” option for as long as it could.

Yet hard as everyone tried, Clinton just would not abandon the nomination. And why should she? Examining the traditional rubrics of success – total number of pledged delegates; popular votes; likelihood to beat the Republican in the general election – the two contenders remained within the ‘margin of error.’ Besides, neither Clinton nor Obama had amassed the requisite number of pledged delegates to wrap up the nomination on the first call of the roll on the floor of the convention.

The Obama campaign launched “Fight the Smears” on June 12.

Up until this point, the ‘dirty tricks’ carried out by operatives tied to the D Corporation to lie and cheat their man’s way into the D nomination were only sinister and underhanded.  But, with the exception of the allocation of votes:delegates in Texas, technically, they were within the letter of the law. (LULAC v. Texas Democratic Party.) All that changed in the summer months leading up to the convention, when Obama and his champions and converts, now clawing at straws, conspired to literally steal the nomination.

The state parties had specifically chosen delegates to fill the number of slots reserved for Clinton or Obama as the result of votes cast for her or him in the primary or caucus contest, based on their loyalty to either one candidate or the other. But DNC rules only insist that pledged delegates voting at the national convention “in all good conscience reflect the sentiments of those who elected them.” (Emphasis added by jbjd.) http://s3.amazonaws.com/apache.3cdn.net/fb3fa279c88bf1094b_qom6bei0o.pdf, p. 23. In other words, under DNC rules, there is no such thing as a “pledged” delegate. (At one time, the DNC did have such a “robot rule,” which required delegates pledged to a candidate to vote for that candidate at the convention. But they eliminated that rule in 1982.)

Which was a good thing for Obama emissaries who now fanned out across the country and harassed her delegates, in person and by wire, to get them to agree to switch their votes to him, before the convention.

Twisting arms to ‘turn’ pledged delegates before the convention was not only not prohibited under DNC rules but also, in 37 (thirty-seven) states, it wasn’t against the law. As for the other 13 (thirteen) states, well, that was quite a different story.

See, voters in 13 states  – AZ, GA, IN, KY, MA, NH, NM, OH, OK, OR, TN, VA, and the delegate mother lode, CA – had enacted this special legislation. ‘In our state, pledged means PLEDGED. This means, delegates pledged to a candidate as the result of votes cast in the political party’s primary or caucus election; must vote for the candidate voters elected them to represent, at the party’s nominating convention.’ (I ‘discovered’ these states in the summer of 2008 and named them “vote binding states.”) In short, extorting Clinton pledged delegates in these 13 vote binding states to commit to switching their votes to Obama before the convention, was against the law.

And they knew what they were doing was illegal.

Because as Mr. Bauer wrote in his submission to the federal court in DiMaio; “[DNC] rules require each State Democratic Party to develop a written delegate selection plan and to submit that plan to the DNC’s Rules and Bylaws Committee (“DNC RBC”) for review and approval.” Id. (The DNC RBC is the same outfit that on May 31 had shuffled the candidate’s delegate count in a blatantly partisan attempt to improve Obama’s numbers and move him closer to the nomination.) And, contained in those DNC delegate selection rules is provision 2.2: Each State Party Committee shall include the following documentation with the submission of its Plan to the RBC:

(I) a copy of all state statutes reasonably related to the delegate selection process. (Emphasis added by jbjd.)

http://s3.amazonaws.com/apache.3cdn.net/e824f455b24c7782dc_jjm6ib44l.pdf

Being “related to the delegate selection process,” the state law that required pledged delegates to vote at the convention for the candidate voters elected them to represent was included in the delegate selection plan each of these 13 states had submitted to and was subsequently approved by the DNC RBC.  In other words, Obama’s agents who began harassing Clinton pledged delegates from vote binding states to switch their votes to him, months before the convention, undoubtedly knew they were breaking the law.

But desperate times called for desperate measures.

(Next:  Part 2:  Lead-up to the Coup)


OUT OF THE MOUTHS OF BABES

January 6, 2010

UPDATED 04.17.10: In the cite linked to President Washington’s papers (below), the date of his swearing in is correctly given as April 1789.  I incorrectly wrote he was sworn in, in March. (Here is another historical reference to that event.  http://memory.loc.gov/ammem/pihtml/pinotable.html )

UPDATED 01.06.10: In a parenthetical comment below, I mistakenly said the first selection of Presidential Electors occurred in November 1788. However, the states first Appointed Electors in January 1789; and these Electors voted for George Washington for President in February. I correctly stated, Mr. Washington was inaugurated in March. http://gwpapers.virginia.edu/documents/presidential/electoral.html
**************************************************************************************************

Students attending this inner city high school not only are racially and ethnically diverse but also hail from several other native countries. For the most part, the students supported the Presidential candidacy of Barack Obama. Some of them even met the future Commander in Chief when he came to town during the primary campaign, their encounters captured forever in photographs proudly displayed in the lobby of the building. Pictures of Michelle appear there, too, under a banner proclaiming her, “Our Queen.”

At the last minute, I was asked to teach American History to 3 (three) classes of 9th graders deep in this heart of Obama territory.

Freshmen are a separate breed. Cocky and in your face, they virtually dare you to successfully re-direct their terrific energy to academic pursuit. But nothing equals the thrill of watching them learn, once you get their attention.

Here is how I got their attention.

I wrote my name on the board, billing myself as a “Guest Lecturer.” This was the provocative title for my presentation: “You Will Never Vote for President of the United States.”

The reaction from my students was boisterous and anticipated. ‘Oh yeah? I’m gonna vote for President as soon as I turn 18.’ And, ‘I thought you were allowed to vote for President as long as you were a citizen!’ I calmed the crowd by repeating the history lesson I was sure they had already been taught but forgot: the President of the United States is not elected directly by the people but by the Electors. In the general election on the next Tuesday after the first Monday in November, voters only select these Electors; but Appointed Electors don’t vote for President until the 15th of December, the dates set for these events in the Constitution.

For approximately the next 45 minutes, I walked my students through the election process spelled out by the Drafters of our Constitution and re-printed in their history books, barely recognizable as it was carried out in the 2008 general election.

‘What are the 3 Constitutional qualifications to be POTUS?’ The students proudly listed all three without prompting. 1) You have to be 35 years old. 2) You have to live in the United States for 14 years. 3) You have to be a Natural Born Citizen. I wrote these on the board. (I went into a side discussion about that 14-year requirement – I have discussed this issue previously on this blog, as well as other blogs – reasoning, the Drafters wanted to ensure that as much as possible, the President, also fulfilling the role of Commander in Chief, was completely intertwined with being American, attached to both her ideals and to the country. They envisioned such loyalty could only derive from being immersed for a fixed time in the American experience. So, why 14 years? Well, the first Continental Congress convened in 1774, establishing the first time (representatives from) the original 13 (thirteen) colonies came together to ponder mutual concerns viz a viz the British, thus evidencing their psychological mindset as a unified ‘nation.’ (One year later, the “shot heard round the world” was fired between British troops and American rebels at Lexington Green, MA, in 1775; and the Declaration of Independence was written in Philadelphia, PA in 1776.) The drafting of the Constitution occurred in 1787 and, allowing for ratification by the requisite 9 (nine) states, the Drafters anticipated Electors would, for the first time, vote for President in November 1788. (The swearing-in would take place in March of 1789.) Thus, 14 (fourteen) years had passed between the time the mindset of ‘being American’ first coalesced, and election of the first President (1788 minus 1774).)

I charted the modern process of electing the President through the intervention of political parties, stressing the fact political parties are not mentioned in the Constitution. I described the mission of the party is to get the name of the person they want fronting for the party or, club, printed onto state general election ballots, an indispensible step to getting the public to forget, they are not voting for the candidate but for the Electors in the general election. Because only the name of the nominee of the political party appears on the ballot next to the party designation. This means, casting a vote for the ‘person’ whose name appears on the ballot next to the D or the R is more correctly characterized as voting for the Electors for that person.

So, who are these Electors we vote for who go on to elect our President? Well, generally speaking, they are chosen by the political party based on their demonstrated loyalty to the party, as evidenced in terms of hours spent supporting party activities such as hosting fundraisers for party backed candidates; or providing financial support to the party. The names of these Elector candidates are then submitted to state election officials by each political party. The number of Electors each party gets to submit is based on the number of Congressional districts in that state, plus 2 more for the number of US Senators. And in states like CA, in the 2008 election, this meant, 55 names. Obviously, printing the names on the ballot all of the candidates for Presidential Elector put forward by the parties is prohibitive. So, in each state, only the name of the party nominee is printed on the ballot, and not the names of the party Electors. (I pointed out; each state enacts the election laws prescribing what names may be printed on its ballots.)

How is the party’s Presidential nominee chosen? Usually, s/he is selected according to the results of party contests called primaries and caucuses held in each state to elect delegates who will vote at the party convention; and, finally, the party convention. Summing up the results for the D candidates for POTUS in the 2008 Presidential preference primaries and caucuses, I reported, on June 3, 2008 when all of the primaries and caucuses were over, Senator Hillary Clinton and Senator Barack Obama had failed to reach the requisite number of pledged delegates set by the Democratic National Committee Services Corporation – DNC for short – to guarantee the nomination for their club – of course I inform them, she won more popular votes AND pledged delegates as the result of primary and caucus votes cast directly for her – so the rules called for the difference to be made up at the floor roll call at the Convention held in Denver, CO, in August 2008, by votes cast by party ‘elders’ called Superdelegates, who could vote for anyone they wanted. But for some reason, the Corporation backed Barack Obama well in advance of the Convention, even foregoing the traditional floor vote at the Convention in order to make his nomination a fait accompli. I repeated several times, the DNC Services Corporation is not a government agency but more like a private club, which means, they can make or break their own rules with impunity.

Once the DNC selected Barack Obama as their candidate for President, they had to get state election officials to print his name next to the D on the general election ballot. The DNC (and, in some states, the Chair of the state D party) submitted these Certifications of Nomination to election officials in each state swearing Barack Obama was the duly nominated DNC candidate for President and was Constitutionally qualified for the job.

I pointed out that, the Constitution says Electors will be appointed by the Governors of the states. I reconciled how electing Electors through a popular vote in the general election ends up in an Appointment. That is, the final vote tallies in the general election (for Electors for the candidate whose name appears on the ballot) are Certified by the Governors, who send Certificates of Ascertainment listing the names of the Electors (previously submitted to state election officials by the political parties) and the number of votes cast for them, as well as for the losing candidates for Elector, to the National Archivist, effectively making that Certification of popular votes cast for Electors in the general election, the Constitutional act of Appointment.

More D than R Electors were elected and, therefore, Appointed in the November 2008 general election. And all of the D Electors who voted in December 2008 cast their votes for Barack Obama, the nominee for President of the D party. But this was hardly surprising. Because the only way they got to be Electors for the party in the first place was by promising the party, if Appointed, they would cast their votes for the party nominee. However, I emphasized that nothing in the Constitution requires Electors to vote for the nominee of the political party, which only made sense since, as I said, the Drafters never mentioned political parties in the Constitution.

Congress ratified the vote of the Electors in January and the Chief Justice of the Supreme Court swore in Barack Obama as President of the United States days after that. All prescribed precisely by the Constitution.

At this point, the students think the lecture is done. But I am just getting to the best part.

‘Wait a minute,’ I challenged, looking back at the board. ‘At the beginning of this lecture, we listed these 3 qualifications for President spelled out in the Constitution, right? You have to be 35 years of age; you have to live in the U.S. for 14 years; and you have to be a NBC.’ Yes. ‘Well, throughout this whole election process we just described, when did we mention that anyone vetted the candidates for President to ensure they satisfied this Constitutional eligibility for the job?’ Silence.

Now, I taught the class, no provision found in any law, state or federal; or in the Constitution requires any state official to determine whether the candidate for President is Constitutionally eligible for the job. None. The Constitution says, the Electors have to elect the President but remains silent as to vetting for Constitutional qualifications. The Constitution requires Congress to ratify the Electors’ vote for President but says nothing about verifying beforehand that the the person they elect is Constitutionally qualified for the job. The Chief Justice of the Supreme Court swears the President into office, under no Constitutional obligation to determine beforehand whether s/he was qualified for office.

And that led me to the states that require in order to get the candidate’s name printed on the ballot; s/he must be eligible for the job.

I described that some states enacted election laws that only allow the names of eligible candidates to be printed on state election ballots. And some of these states, like HI and SC, enacted laws saying the party must swear, in writing, their nominee for President meets all Constitutional qualifications for the job. (I point out; requiring this statement from the party is kind of superfluous because, according to the operating rules of the DNC Services Corporation, the Presidential nominee of the party must be Constitutionally qualified for the job. Then again, given their exhibited propensity to break their own rules…) I also reiterated, while the law says the candidate has to be eligible for the job to appear on the ballot, no corresponding law requires any government official to check.

The students were aware that Representative Nancy Pelosi (D-California) was Speaker of the U.S. House of Representatives; several knew the position of Speaker is 3rd in line of Presidential succession. They were unaware that in 2008, the DNC Services Corporation gave Ms. Pelosi the civilian job of Chair of the 2008 DNC Convention. Acting in the non-governmental role of Chair, her chief responsibility was to sign those official DNC Certifications of Nomination swearing Barack Obama was Constitutionally qualified for the job of President of the United States, and send these sworn Certifications to state election officials to print the name of Barack Obama next to the D on their general election ballots.

I reported that questions had arisen during the primary campaign as to whether Barack Obama was a Natural Born Citizen. Students were aware of the controversy. I informed them that several people had even concluded, the documentation available in the public record failed to establish that he is a U.S Citizen, let alone that he was Natural Born. Yet, Ms. Pelosi signed those Certifications of Nomination and sent these to state election officials to get them to print his name on the general election ballot.

‘Some of us wondered; given this controversy about the circumstances of Mr. Obama’s birth, on what documentary basis did Ms. Pelosi ascertain he was a Natural Born Citizen before swearing he was Constitutionally eligible for the job? So, we wrote to Ms. Pelosi and asked her. I even arranged to have one of these letters hand-delivered to her office in Washington. Know what she said?’ Every pair of eyes was now on me. ‘Actually, she didn’t say anything. She ignored us.’ A knowing sound of ‘ooooo’ filled the room. ‘What do you think that means?’ The students smiled. ‘That means, she’s busted; she didn’t check whether he is a Natural Born Citizen before she swore he was.’

I shrugged my shoulders. ’Could be. But people wanted to know for sure. So, now they wrote to Alice Germond, the Secretary to the DNC Services Corporation, who had co-signed those Certifications. Again, they asked on what documentary basis she had determined Barack Obama is a Natural Born Citizen before sending those Certifications of Nomination swearing he was, to state election officials to get his name printed on the ballot. But this time they asserted the right to view whatever documentation the party used, under what’s called the Freedom of Information Act (“FOIA”), the federal law that gives the public the right to see the documents our government has on file.’

‘Did she answer the question?’ ‘No; but she didn’t ignore the voters, either. Ms. Germond forwarded the letters addressed to her, to the General Counsel or, lawyer for the DNC Services Corporation, Joseph Sandler. And he did write back.’ The kids were at the edge of their seats. ‘What did he say!’ ‘Well, he explained that the DNC is not a government agency but rather a private club and, as such, is not subject to state or federal document disclosure laws. He advised people to direct their questions about the qualifications of candidates whose names appear on the ballot, to their state election officials. And he still didn’t answer the question.’ Now, a loud gasp rose up around the room. ‘What do you think that means?’ Without missing a beat, they blurted out, ‘That means they did check whether Barack Obama is a Natural Born Citizen; and he’s not!’

This illustrates another reason I love teaching 9th graders: they are not yet sophisticated enough to abandon their common sense.


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