CONGRESSIONAL CANDIDATE LT. COL. ALLEN WEST (R-FL) HOOKS OBAMA SUPPORTERS USING “JUST WORDS”

October 20, 2010

© 2010 jbjd
I predict Obama supporters in Florida’s 22nd District will be flocking to the polls in Florida on November 2 to vote for Lt. Col. Allen West, the Republican candidate for Congress.  Here are 10 (ten) reasons why.

1.  Like Obama, West personalizes political opposition, even advocating the use of physical intimidation against his opponents…

…up to and including sending detractors “to the morgue.”

The Florida Democratic Party’s anti-West website claims West encouraged “physical intimidation” when he spoke to a Fort Lauderdale tea party group in March and recounted a scene from the 1987 movie The Untouchables.

“Remember when Sean Connery sat with Kevin Costner in that movie, in that church, and he said you’ve got to understand the Chicago way?” West told the group. “If you understand the Chicago way, you got to understand how far are you willing to go. Because if they send one of yours to the hospital, you got to send two of theirs to the morgue.”

Connery’s actual quote was: “He pulls a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue. That’s the Chicago way.”

In 2008, Democratic presidential candidate Barack Obama drew on the same Untouchables scene in speaking to his supporters.

“If they bring a knife to the fight, we bring a gun,” Obama said while campaigning in Philadelphia. “Because from what I understand, folks in Philly like a good brawl. I’ve seen Eagles fans.”

West last month called GOP primary foe David Brady a “knucklehead” and told the Boca Raton Republican Club: “We’re going to take him out behind the woodshed and we’re going to give him a Southern-fried butt-whoopin’ come next Tuesday. Then after that, we’re going to take Ron Klein out behind the same woodshed and we’ll whoop him too.”

Palm Beach Post News

2.  Like Obama, West both enjoys and simultaneously denies his long-standing close ties with a fringe group whose practices include racism, misogyny, and anti-Semitism; and who endorse violence against the U.S. government.

West’s columns, which are reprints of the “Washingtoons” column he sends out for his campaign, appear along with other regular contributors, including Madd Matt, Nuke ‘n Pave Dave, and Chuck On the Right Side.

The monthly magazine is a stew of guys way beyond their prime trying to prove their virility by hanging out with strippers, mixed with a macho editorial content that covers the gamut from middle-school-stupid to just plain vile.

“If Capitol Hill blew up that would make me smile,” Nasty wrote.

Nuke ‘n Pave Dave foresees open fighting on the streets due to “O’Bongo’s” secret plan to take away guns.

This month, West wrote about the degrading politics of “character assassination” while his fellow columnist, Willie Woo wrote about what it would be like to have sex with Congresswoman Debbie Wasserman Schultz, a Democrat from Broward County.

“Someone PLEAZZZZZZZZE get rid of Debbie Wasserman Shitz,” Woo wrote. “That yenta annoys the crap out of me with just her whinning (sic) voice. Guys, can you just imagine banging her (UGGGGGGGGG) and she’s screaming at the top of her lungs!!”

West and his bitter band of man-children came to light recently due to an e-mail from a supporter that urged him to stop associating with the dregs of the motorcycle world, especially The Outlaws, a group considered a criminal enterprise by the FBI.

West responded to the e-mailer by saying that “bikers are America” and he defended The Outlaws, which he praised for “guarding” him once while he did a radio interview.

Palm Beach Post

(For more on Allen West and the denigration of women, see the DCCC (Democratic Congressional Campaign Committee) web site, http://dccc.org/newsroom/entry/allen_west_scheduled_to_attend_biker_rally_tomorrow/ which contains excerpts from articles printed in Wheels on the Road, the South Florida monthly biker magazine, to which Mr. West is a monthly contributor) (Warning:  women are referred to as “oral relief stations.”)

3. He, too, employs a private ‘army’ to restrict citizens’ Constitutional rights.

4. He even denounces Constitutionally protected freedoms of press and assembly as un-American.

At an event Thursday, West said “I know here today we have a representative from the Florida Democratic party and he is here to film me and his whole purpose of filming me is to take what I say and allow other people to distort it so they can misrepresent me. You know if we allow those Gestapo-type intimidation tactics to prevail in the United States of America what happens to our liberties, what happens to our freedoms?”Read more: http://miamiherald.typepad.com/nakedpolitics/2010/08/klein-lambasts-west-for-gestapo-references.html#ixzz12vemFbkg

5. He retaliates against unfavorable press.

Later, West also mentions The Palm Beach Post editorial page’s recent endorsement of his unknown rival in the Aug. 24 Republican primary and (around the 6:15 mark) says, “I have every intention of making The Palm Beach Post pay for endorsing David Brady.”

6.  He says whatever it takes to get elected.

…he would have difficulty disputing that his 22-years Army stint was living the Marxist dream.

West –  the retired Army lietuenant colonel running the second time  for Congress in U. S. House District 22 –  never had to spend a day worrying about corporate bankruptcy, competition, layoffs or a bounced paycheck. Housing, healthcare and food were taken care of by the government.

I am not suggesting the Army should be any other way or that risking your life does not justify this economic security.

What I am saying is that West is hypocritical to question national health insurance, while having taken advantage of a VA healthcare system where everything is owned by the government and everyone works for the government.

It’s absurd to claim to be a spokesman for free enterprise when you choose a professional career of living off the government teat and are now trying to get another “gummint” job.

BrowardBeat.com

7. Despite his 6-figure income, Mr. West could not pay his bills, either.

West fails to pay his own taxes and bills

Fact: Because of his repeated pattern of personal financial irresponsibility, West was hit with an $11,000 IRS tax lien for back taxes, three liens were placed on his home for unpaid bills and a judge ordered him to pay past due credit card bills.

And West’s not even being honest about his repeated pattern of irresponsibility, despite saying that “individual responsibility and accountability is the No. 1 cultural problem we have in America“

Last week, Allen West claimed he had proof that a lien the IRS filed against him for back taxes wasn’t valid. He told the Palm Beach Post he would provide it August 25, but that documentation still has not materialized. Then, West wrote in a public statement posted on his campaign website that he had “honestly resolved every issue“ of his personal finances. Turns out, nothing could be further from the truth. West still faces an outstanding lien for unpaid homeowners’ assessments in 2009. In addition a separate, new lien was also filed against him in May of this year.

Liens

West Faced Several Liens from Homeowners Association—One has Not Been Satisfied. According to records obtained at the Broward County Courthouse, West was charged with three liens from the Fountain Spring Homeowners Association. The following was produced from court documents:

  • 8/27/04: West owed $295. The lien was satisfied on 11/9/04.
  • 8/27/04: West owed $366. The lien was released on 9/13/04.
  • 2/9/07: West owed $995. The lien was satisfied on 3/30/07.
  • 2/24/09: West owed $611.66 Court dockets do not indicate that this lien has been satisfied.
  • 5/5/10: West owed $964.50. This lien was satisfied on 6/22/10.

(Broward County Commission, Fountain Spring Homeowners Association Lien, (several liens), accessed 8/27/10)

2005: West and his Wife Held $11,000 IRS Lien. According to the Marion County Recorder, while West and his wife had an $11,081 federal tax lien with the IRS. Records indicate that the lien was released in April 2006. [Marion County Recorder, 11/17/05]

Judgments

2009: West Faced Small Claims Judgment. On June 12, 2009 Midland Funding, LLC filed a small claims judgment on Allen West for $2,832. [Broward County Court, Midland Funding LLC v. Allen West, Case No: COWE-09-2538-82, 6/12/09]

2006: West Faced Judgment from American Express. On September 1, 2006, American Express Travel filed a small claims judgment against Allen West for $5,541. [Broward County Court, American Express Travel v. Allen West, Case No: CONO-06-754, 9/1/06]

West’s Income in 2009: $137,589
[West 2010 Personal Financial Disclosure Report]

West’s Income in 2008: $144,520
[West 2009 Personal Financial Disclosure Report]

West’s Income in 2007: $165,632
[West 2008 Personal Financial Disclosure Report]

http://blogs.browardpalmbeach.com/juice/2010/08/allen_west_financial_troubles_irs_lien_klein.php and The Real Allen West

8.  He is not from the place he seeks to represent.

Mr. West lives in the 20th District, Represented by Ms. Wasserman-Schulz (whom Wheels on the Road calls a “whinning” (sic) “yenta.”  Id.

http://blogs.browardpalmbeach.com/juice/2010/08/allen_west_campaign_map_congressional_districts.php

9.He manifests an inflated sense of self.

10.  He is black;  has 2 children, both girls; and a wife with a professional degree. http://www.allenwestforcongress.com/about


OUT of the MOUTHS of BABES

January 6, 2010

© 2012 jbjd

I have been saying for years now; in those states which allow on the ballot only the names of candidates who are qualified for the job; party officials certified to state election officials that Barack Obama’s name should be placed on the ballot notwithstanding no documentary evidence  in the public record had established those qualifications.

I wrote “Out of the Mouths of Babes”  in January 2010; it has remained one of the most popular posts on the “jbjd” blog.  It describes my exchange with 9th graders in a U.S. History I class, during a lecture in which I detailed the interplay between the Constitutional requirements for President found in Article II, section 1; and real life, as played out with respect to the 2008 general election. I found their insights, untainted either by political correctness or experience; were ‘right on time’; and not just because their conclusions matched mine.

 

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
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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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My mind is a terrible thing to waste.


NEVER LESS THAN a TREASON (1 of 2)

August 25, 2009

© 2009 jbjd

The title of this post is inspired by a line in the last stanza from one of my favorite poems, Reluctance,  by my favorite poet, Robert Frost.

Ah, when to the heart of man
Was it ever less than a treason
To go with the drift of things,
To yield with a grace to reason,
And bow and accept the end
Of a love or a season?

I have always found giving up without a fight to be treasonous, especially when I am certain I am right.  And I am certainly right about Barack Obama.  That is, people within  the DNC selected him to become POTUS notwithstanding the evidence indicates he is Constitutionally ineligible for the job.  Specifically, he is not a NBC.  Indefatigable, I have assembled this primer which, hopefully, will end the interminable farce over how best to address his Constitutional eligibility.    I name the names of those people responsible for depositing him in the Oval Office, and define the precise scope of their culpability, in anticipation that efforts to rectify this election anomaly will now be focused squarely on them.   Keep in mind that, by identifying the people with direct culpability, I am by definition ruling out everyone else.   For starters, this blameless faction includes Barack Obama.  Because even assuming he is not a NBC, without these others, he could never have gotten the job.

Recognizing the real culprits in this drama requires an understanding of the process for electing the POTUS, as spelled out in the Constitution.   Fortunately, our tax dollars paid for an enterprise that will contribute to such an understanding.  The Congressional Research Service of the Library of Congress published an excellent report entitled, “The Electoral College: How It Works,” which contains this concise summary on the Presidential election process.  Please, master this passage before you proceed.  (All emphasis to the original is mine.)  (jbjd note (08.05.10):  Subsequent to writing this article, I decided to stop referring to Electors using the word “College,”  as this term does not appear in the Constitution.)

When Americans vote for a President and Vice President, they actually vote for presidential electors, known collectively as the electoral college. It is these electors, chosen by the people, who elect the chief executive. The Constitution assigns each state a number of electors equal to the combined total of its Senate and House of Representatives delegations; at present, the number of electors per state ranges from three to 55, for a total of 538. Anyone may serve as an elector, except for Members of Congress, and persons holding offices of “Trust or Profit” under the Constitution. In each presidential election year, a group (ticket or slate) of candidates for elector is nominated by political parties and other groups in each state, usually at a state party convention, or by the party state committee. It is these elector-candidates, rather than the presidential and vice presidential nominees, for whom the people vote in the election held on Tuesday after the first Monday in November (jbjd note:  date omitted). In most states, voters cast a single vote for the slate of electors pledged to the party presidential and vice presidential candidates of their choice. The slate winning the most popular votes is elected; this is known as the winner-take-all, or general ticket, system. Maine and Nebraska use the district system, under which two electors are chosen on a statewide, at-large basis, and one is elected in each congressional district. Electors assemble in their respective states on Monday after the second Wednesday in December (jbjd note:  date omitted). They are pledged and expected, but not required, to vote for the candidates they represent. (jbjd note (08.05.10):  Some states have enacted laws that  require Electors to support the nominee of the party; but no faithless Elector has ever been prosecuted for violating this oath, and Congress has never failed to ratify the vote of the Electors even when this includes the votes of these faithless Electors.) Separate ballots are cast for President and Vice President, after which the electoral college ceases to exist for another four years. The electoral vote results are counted and declared at a joint session of Congress, held on January 6 of the year succeeding the election. (jbjd note:  Congress enacted a law changing this date to January 8 just for the year 2009.)  A majority of electoral votes (currently 270 of 538) is required to win. This report will be updated as events warrant.

http://www.fpc.state.gov/documents/organization/28109.pdf

Thus, on January 8, 2009, Congress finalized the election of BO for POTUS when, exercising a procedure spelled out in the Constitution, they ratified the individual vote tallies from Electoral College votes cast in all 50 states, and the District of Columbia, which had been submitted to them via the Constitutionally prescribed process by then Vice President Cheney, the President of the Senate, who had received these totals directly from the individual state Electoral Colleges as required by the Constitution.  http://www.archives.gov/federal-register/electoral-college/faq.html

Immediately after this Congressional Ratification, self-identified “Patriots,” certain BO is not a NBC, flooded the blogosphere with hyperbolic rants against everyone in Congress for failing to insist on a Constitutional vetting of the man before voting for Ratification.  These so-called ‘Patriots’ referred to Congresspeople of both parties as “Traitors,” accusing their elected officials of committing “Treason” for failing to uphold the eligibility requirements for POTUS spelled out in the Constitution, even though, ironically, the Constitution itself  required Ratification once Congress was confident the Electoral College had conducted its vote in accordance with the ‘process’ prescribed by the Constitution.

In other words, Congress is not directly responsible for making BO POTUS but only for Ratifying the results of the voting undertaken by the Electoral College.  This means that they are also not responsible for the fact he is Constitutionally ineligible for the job, even assuming he is Constitutionally ineligible for the job.

This does not mean the Electoral College is directly responsible for making BO POTUS.

Neither the Constitution nor federal law prescribe the manner in which each state appoints its Electors other than directing that they be appointed on the Tuesday after the first Monday in November.  In most States, the Electors are appointed through a state-wide popular election (“general election”).

That is, voters only elect Electors in the state’s general election.

Currently, Electors are nominated to fill these positions by the political parties at their state party conventions or by a vote of the party’s central committee in each state. Electors are often selected to recognize their service and dedication to the party. Generally, they hold a leadership position in the party. Often, they are major party fundraisers.  They may be state elected officials but, the Constitution prohibits members of Congress from becoming Electors in the Electoral College.

Whether the names of these nominated Electors then appear on the ballot depends on election laws that vary state to state.  In some states, the names of these Electors appear along with the letter “D” or “R,” along with the name of the party nominee.  In other states, only the name of the nominee appears along with the designation of the party.  But regardless of the appearance of the names on the general election ballot, voters in each state only choose the electors on the day of the general election. http://www.archives.gov/federal-register/electoral-college/faq.html

Weeks after their ‘appointment’ by means of the general election, these elected state Electors meet in each state – this gathering of Electors is referred to as the Electoral College, although the term Electoral College does not appear in the Constitution – to cast votes for the next POTUS.   The Constitution is silent about the factors that go into their voting decision.  Thus, Electors are Constitutionally free to cast votes for whomever they want.  This means, they may even vote for a person who is not the nominee of their political party or, is not in the same party as the slate of Electors that won the state’s general election.  However, some states have enacted laws that require the slate of Electors receiving the largest popular vote in the state’s general election, must cast their votes for the Presidential nominee from the same political party.  In other words, in these states, if the D’s received more votes than the R’s, then the Electors for the D party must cast their votes for the D party nominee.  And every state except for NE and ME, and the District of Columbia are winner take all, meaning, all of the electoral votes assigned to that state (or the District of Columbia) must be cast by Electors of the winning political party.

Immediately after the vote of the Electoral College, self-identified “Patriots,” certain BO was Constitutionally ineligible for the job, flooded the blogosphere with hyperbolic rants against the Democrats in the Electoral Colleges who cast votes for BO without first vetting him for Constitutional qualifications.  These ‘Patriots’ referred to Electors representing the Democratic Party as “Traitors,” accusing them of committing “Treason” for failing to uphold the eligibility requirements spelled out in the Constitution.  But remember, the Constitution does not require Electors to vet the party candidate for President as to Constitutional eligibility,  being silent as to the qualification of the person Electors may elect for the job.

http://www.archives.gov/federal-register/electoral-college/faq.html

In other words, the Electoral College is not directly responsible for making BO POTUS but only for casting their votes for him in accordance with both the Constitution and state law, as the nominee of the D party when that party was the winner of the state’s general election.  This also means that they are not responsible for the fact he is Constitutionally ineligible for the job, even assuming he is Constitutionally ineligible for the job.

Then, the responsibility for electing an ineligible POTUS must be found in a process directly related to his nomination.

(TO BE CONTINUED IN PART 2 OF 2.)

When Americans vote for a President and Vice President, they actually vote for
presidential electors, known collectively as the electoral college. It is these electors,
chosen by the people, who elect the chief executive. The Constitution assigns each state
a number of electors equal to the combined total of its Senate and House of
Representatives delegations; at present, the number of electors per state ranges from
three to 55, for a total of 538. Anyone may serve as an elector, except for Members of
Congress, and persons holding offices of “Trust or Profit” under the Constitution. In
each presidential election year, a group (ticket or slate) of candidates for elector is
nominated by political parties and other groups in each state, usually at a state party
convention, or by the party state committee. It is these elector-candidates, rather than
the presidential and vice presidential nominees, for whom the people vote in the election
held on Tuesday after the first Monday in November (November 2, 2004). In most
states, voters cast a single vote for the slate of electors pledged to the party presidential
and vice presidential candidates of their choice. The slate winning the most popular
votes is elected; this is known as the winner-take-all, or general ticket, system. Maine
and Nebraska use the district system, under which two electors are chosen on a
statewide, at-large basis, and one is elected in each congressional district. Electors
assemble in their respective states on Monday after the second Wednesday in December
(December 13, 2004). They are pledged and expected, but not required, to vote for the
candidates they represent. Separate ballots are cast for President and Vice President,
after which the electoral college ceases to exist for another four years. The electoral
vote results are counted and declared at a joint session of Congress, held on January 6
of the year succeeding the election. A majority of electoral votes (currently 270 of 538)
is required to win. This report will be updated as events warrant.

THEORIZING HOW TO PROVE BO IS NOT A NBC

August 1, 2009

(NOTE TO VIEWERS OF THIS BLOG:  PLEASE READ THE COMMENTS SUBMITTED BY READERS, HIDDEN BELOW THE ARTICLE, ALONG WITH MY RESPONSES TO THEIR REMARKS.  ESPECIALLY DIGEST THE EXCHANGES BETWEEN ME AND azgo.)

In response to a comment on a blog, I contacted one of the attorneys involved in a court case seeking to determine whether BO is a NBC.  I received a reply asking for help.  Here is my response.

*****************************************************************************************************

I am glad you took me up on my offer to help.

I haven’t formalized my ideas, so I will just throw these out for now.

Okay, let’s talk Plaintiffs, first.  (FYI, I am the person who conceived using National Guard soon-to-be-deployed, as Plaintiffs to gain standing in federal court in a Declaratory Judgment case under the Federal Declaratory Judgment Act – these Plaintiffs are not subject to the Uniform Code of Military Justice until they are federalized – because they could be subject to becoming Defendants in a subsequent prosecution related to whether BO is a NBC…  I am the same person who began posting last summer that a “Certification” is not a “Certificate”; unfortunately, this was right after Berg had already filed his first Complaint, calling the document posted on BO’s “Fight the Smears” site, a “Certificate.”)

Pledged Delegates for HRC who switched to BO; or who were pledged to BO in the first place, and voted for him at the DNC Convention, but would not have voted for him had they known, he is not a NBC, would have standing as Plaintiffs in a civil action for (fraud, unjust enrichment…).  ESPECIALLY DESIRABLE ARE PLEDGED DELEGATES FROM THOSE STATES THAT HAVE ENACTED LAWS REQUIRING DELEGATES PLEDGED AS THE RESULT OF PRIMARY VOTING MUST FOLLOW THEIR CANDIDATES ONTO THE FLOOR OF THE CONVENTION.  (There are around 13 of these ‘binding vote’ states; I have the list.)  And some of these vote binding states also have laws about ballot access, that require the candidate for POTUS from the major political party must be eligible for the job.  (None of these states requires any government official to check.)  Off the top of my head, I know GA is both a vote binding state AND a state requiring the party candidate to be eligible for the job.

As for strategy… Months ago, when drafting the Declaratory Judgment case I mentioned above, I reasoned, it made no sense to try to support a claim, BO is not a NBC.   Instead, I argued, Plaintiffs had reasonable cause to believe, he might not be a NBC, based in large part on his own words and actions.  But since that time, things have changed, especially with regard to these 4 (four) events.  1) Several people have contacted Nancy Pelosi qua Chair of the 2008 DNC Convention to ask on what basis she Certified BO is a NBC.  She refused to respond.  2) HI officials have spoken in circles in a botched attempt to ‘confirm’ BO is a NBC.  3) BO, personally (before being sworn in) and through his spokespeople, continue to dodge the issue by lying that the Certification is a Certificate and proves he is a NBC.  4) In Berg’s Hollister case, BO Motion to Dismiss contained a footnote asking the court to take judicial notice that Annenberg Political Fact Check said he’s for real; and that an announcement of his birth had been published in a HI newspaper.  (Of course, if the judge had taken judicial notice, we lawyers would have known, this meant nothing; but everyone else would have interpreted this to mean, the court has ruled, he is a NBC.  Thank goodness, the court did no such thing.  However, this confirmed my suspicions, as spelled out in the earlier draft of the military Complaint, that the strongest ‘evidence’ BO could proffer to establish he is a NBC, is that stupid photocopied on-line Certification; which means nothing!) Taken together, this could form a good faith belief in a reasonable person that no evidence exists that would establish, BO is a NBC.  SHIFT THE BURDEN OF PROOF AND PRODUCTION TO HIM!  And as for objections to this strategy, argue “unclean hands” (you blocked access to all documentation and now cannot argue, we cannot submit proof); or unjust enrichment (you distributed the COLB to Daily Kos and Annenberg Political Fact Check in order to refute “rumors” about your citizenship status – you said so, on your “Fight the Smears” site – and now, having banked on that COLB, it isn’t fair to raise privilege and confidentiality to block our access to those records that could verify whether your claims are true).

Finally, to overcome claims of sovereign immunity, I would drop all claims against conduct that occurred viz a viz the Congressional ratification of the EC vote; rather, go after NP as Chair of the 2008 DNC Convention.  Go after any other actors not as failed Congresspeople but as co-conspirators to the fraud.

I know this is a lot to digest; let me know what you think.  (I am not going to proof this because I want to get it out ASAP.)

jbjd


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