A COUP, THROUGH and THROUGH (1 of 4)

August 10, 2010

(Note to Readers:  The “COUP” Series is now complete.  See, A COUP, THROUGH and THROUGH (2 of 4), (3 of 4), 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  four-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)


NOW, LOOK WHAT YOU MADE ME DO!

August 4, 2010

The President is scheduled to visit Texas on August 9, 2010.  But Boyd Richie, Chair of the Texas Democratic Party (“TDP”) knew by July 31 he would be unable to attend a fundraising soiree with Mr. Obama at Austin’s Four Seasons Hotel due to other non-specified commitments.  In fact, he could not only not sit down to dinner with the Commander in Chief, but he was even too busy for an Air Force One touchdown meet-‘n-greet.

“Texas Democratic  candidates distance themselves from Obama”

…State Democratic Chairman Boyd Richie said the party is focused on ousting Perry and other Republican incumbents in Texas, adding that “D.C. politics” and the 2012 presidential election aren’t on the radar. “Texans are patriotic people and proud to support our president, but at the end of the day, we’ve been winning Texas elections on Texas issues, and that will again be the case this November,” Richie said.

Say what?

Best of the Blogs, a site which describes itself as an on-line community for progressive bloggers, calls it more directly like it is.

“Democrats Run From Obama”

…But the other statewide candidates are running away from President Obama like he had a combination of ebola and swine flu, and they could catch it just by being caught in the same county as the president. They may be running on the Democratic ticket, but they’d just as soon the voters of Texas forgot that when they go to the polls in November.

http://bestoftheblogs.com/Home/31852

But I think these reports of Mr. Richie dissing the POTUS based on his unpopularity, either in Texas or throughout the whole United States, miss the point.

Mr. Richie only became Chair of the TDP in June of 2006.   http://www.burntorangereport.com/showDiary.do?diaryId=1052 And look at what Mr. Obama has put him through in that brief time.

One-and-a-half years after becoming Chair of the TDP, Mr. Richie swore to election officials the candidate satisfied the requirements of the Office of President of the United States in order to get them to print his name on that state’s Democratic Presidential Preference Primary ballot.  http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.191.htm#191.003 Because under Texas law, the candidate must be eligible for office to appear on the ballot.  http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.192.htm#192.031

In March 2008, Hillary Clinton won the Texas primary.  Voting remained so close in subsequent contests that DNC Chair Howard Dean suggested Texas superdelegates could wait until July 1, a date by which all of the primary and caucus contests would be over, to weigh in on which nomination they would support at the August 2008 DNC Services Corporation Presidential Nominating Convention.  http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/DN-superdelegates_24pol.ART.State.Edition1.46d87b8.html But Mr. Richie and his wife, Betty, both superdelegates, jumped the gun, announcing on May 29 that in 3 (three) months they had decided to vote in favor of Mr. Obama’s nomination.  http://www.burntorangereport.com/diary/5867/

Just days later, the Richies had to realize they had made a terrible mistake.

In the beginning of June, with rumors swirling that Barack Obama, the Democratic Presidential nominee wannabe failed to satisfy the Constitutional eligibility requirement of natural born citizen; the candidate launched a new electronic advertising campaign with the slogan “Fight the Smears.”  On the web site of that same name, Robert Gibbs, then Communications Director for the candidate’s political campaign, posted an image of a mock-up of a ‘document’ labeled “Certification of Live Birth,” accompanied by copy proclaiming this image proved his client was at least  “native” born.  Presumably, being a long time politico familiar with the rigors of federal laws with respect to political campaign advertising, Chairman Richie, even before reading the attribution in the FTS footer, could recognize this was campaign advertising.  Being a lawyer, Attorney Richie was surely able to discern the legal distinction contained in an admission the candidate is a “native” citizen from the threshold Constitutional requirement of “natural born.”

Yet despite knowing he’d been ‘had,’ 3 (three) months later, after Mr. Obama was handed the nomination, Attorney Richie, a member in good standing of the Texas state bar, again swore to state election officials the nominee was Constitutionally qualified for the job in order to get Mr. Obama’s name printed on the general (Electors) election ballot.  And for almost the next year, he managed to get away with this lie.  Until the fall of 2009, when citizens began contacting AG Abbott with complaints charging that he had committed election fraud in order to get the state to print Mr. Obama’s name on its ballot and then, that he had violated the Texas Open Records law by refusing to provide requested documentation which was the basis for that eligibility certification.  https://jbjd.wordpress.com/2010/03/24/open-letter-ag-abbott-tx/

Of course, Mr. Richie had no documentation which was the basis for Mr. Obama’s eligibility certification.

Given these circumstances, who could blame Mr. Richie now for refusing to give Mr. Obama the time of day?  On the other hand,  Dave Montgomery, the reporter for the Star-Telegram, hints the President’s unpopularity explains Mr. Richie’s snub.  Someone should contact Mr. Montgomery to report the more likely reason why.  dmontgomery@star-telegram.com


WERE YOU LYING THEN or ARE YOU LYING NOW?

July 17, 2010

© 2010 jbjd

“I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” 5 USC §3331

Watch and listen carefully while John Dingell (D-MI), the Dean of the House administers this legally mandated Oath of Office on January 6, 2009, the opening day of the 1st session of the 111th Congress; to the Honorable Nancy Pelosi, just re-elected by her peers to be Speaker of the U.S. House of Representatives, marking the second year in a row she was 3rd in line of Presidential succession.  (The only votes she got came from fellow Democrats.)

“…without any mental reservation or purpose of evasion…”

Following, Speaker Pelosi administers the Oath to the other 433* members of the House.

*The seat of Rahm Emanuel (D-IL), set to become the Chief of Staff of the incoming President, Barack Obama, was vacant.  Id.

Now, watch the Oath in action on November 6, 2007, when Dennis Kucinich, (D-OH), taking to heart the words which make up that oath, rose up on the floor of the House during the 110th Congress to introduce Articles of Impeachment against Vice President Richard Cheney, charging Mr. Cheney had violated this same Oath of Office by deceptively promoting the weapons capabilities of Iraq so as to propel the U.S. into war against that sovereign nation.  (Note: As President of the Senate, Mr. Cheney  had sworn that same Oath “to bear full faith and allegiance” to the Constitution.)

On June 10, 2008 during the 2nd session of the 110th Congress, Mr. Kucinich stood up once again to introduce Articles of Impeachment, this time against President George W. Bush, charging he had deliberately lied to Congress by overstating the nuclear capability of Iran so as to propel the U.S. into war against that sovereign nation.

Little of the subterfuge which Mr. Kucinich charged both the President and Vice-President had  perpetrated on the American people (through their representatives in Congress)  was new.  And neither Resolution of Impeachment resulted in a Senate trial.  But significantly, his act gave life to the principle of governmental checks and balances enshrined in the Constitution, that document he had sworn an oath to “support and defend” “against all enemies, foreign and domestic.”

Tragically, by Certifying votes of the Electors on January 8, 2009, two days after taking the Oath of Office; and by failing to exercise their Constitutional authority as to Impeachment since the January 20 Inauguration, Mr. Kucinich and other incumbent Representatives, along with their freshmen colleagues in the House have failed both individually and as a deliberative body to honor that Oath.  And that failure derives not just on the basis  they did not take affirmative steps to address the charges raised in the petitions submitted to them by their constituents that President (elect) Barack Obama appeared to be Constitutionally unqualified for the job; but also from the reasons they expressed to justify why taking such steps was not required.

Evidence is posted throughout the internet of the millions of correspondence and telephone calls sent to Congressional offices beginning before the November 2008 general election and continuing long after the President was sworn into office, pleading for help getting to the heart of the eligibility matter.  But whether originating with organized groups or individuals, the content was essentially the same:  Barack Obama is not a natural born citizen, the requisite birth status for President under Article II, section 1 of the U.S. Constitution. And the responses from federal elected officials, which is also easily accessible, were essentially the same:  yes, he is; he posted a scanned copy of his COLB on his campaign website in June 2008 proving he was born in Hawaii. (The only claim relative to Barack Obama’s citizenship which has been posted on that site since June 2008, was that this electronic image establishes he is a native but never that he is natural born, as required under the Constitution.) (Even White House Press Secretary Robert Gibbs, maintaining it was his idea as the Obama Campaign Communications Director to post this COLB on “Fight the Smears” in the first place; only claims it establishes his client was born in Hawaii.  PRESS BILL PRESS to EARN his PRESS CREDENTIALS)  (Letters to constituents generated by both the House and Senate, with accreditation, can be seen at IF DROWNING OUT OPPOSING FACTS is “un-AMERICAN” THEN IGNORING UNPLEASANT FACTS IS un-AMERICAN, TOO)

None of these legislators has cited as a reason to guarantee to constituents s/he knew Mr. Obama was Constitutionally qualified for office; the fact that Speaker Pelosi, acting in the non-governmental role of Chair, 2008 DNC Services Corporation Nominating Convention had signed the Corporations’ Official Certification of his Nomination swearing he was Constitutionally qualified for the job.  Why not?  Members of the Democratic Party had submitted this same Certification to state election officials to get them to print Mr. Obama’s name next to the “D” on the general election ballot even in those several states with laws that only allow the names on the ballot of those candidates who are qualified for the job. (See, for example, Citizens of South Carolina Complaint of Election Fraud to AG McMaster, in sidebar.)

(Members of the House are not alone in eschewing the use of the Speaker’s Certification of Mr. Obama’s Nomination as proof he is Constitutionally qualified for the office.  Even when provided with an opportunity to obtain judicial notice his client was ‘for real’ White House Counsel Bob Bauer, then Counsel to Mr. Obama’s Campaign (and the DNC Services Corporation), only asked the federal court to find Mr. Obama had ‘publicly released his “birth certificate,”‘ and not that Speaker Pelosi had sworn to state election officials he was legitimate or that her Certification alone was proof enough for those officials to print his name on the ballot.  COUNSEL for DNC SERVICES CORPORATION PERFORMS 3-CARD MONTE for FEDERAL COURT)

Did Representatives of the 1st session of the 111th Congress, including Speaker Pelosi, believe those words they swore when taking the Oath of Office back in January 2009, without any mental reservation or purpose of evasion? Did they believe at that time an electronic image of a redacted document posted on the campaign website of a candidate for the Democratic nomination for President at the behest of the Communications Director of the candidate’s campaign, which image is only accessible with the aid of a computer screen; is tantamount to evidence that the  nominee wannabe is Constitutionally qualified for the job?  Or did they knowingly offer ‘bones’ just to fob off their desperate constituents, thus violating both the spirit and the letter of the laws that put them in office?

We might generously assume the 62 freshman legislators were so green when they took office that they didn’t know the difference between a paid political advertisement and a proffer of proof, notwithstanding 15 of them are lawyers.  But can they have reached the second half of the 2nd session of the 111th Congress and still think these two are the same?  Have they ignored ongoing correspondence from constituents documenting that members of the Democratic Party, including their Speaker, who signed these Certifications of Nomination in August 2008, have refused to identify  any documents that were the basis for their determination Mr. Obama is a natural born citizen?  Even in those several states in which the nominee for President of the major political party has to be qualified for that office before election officials are  legally authorized to print his name on the ballot?

Our Representatives told us in January 2009 according to ‘evidence’ they relied on, they believed Barack Obama was Constitutionally qualified for office.  Notwithstanding we have since torn that evidence apart, they have not exercised their authority to seek more.  In other words, they still believe the record establishes, he is a natural born citizen.  Assuming, that is, they still believe in their Oath of Office.  Because they still haven’t introduced Articles of Impeachment.

WERE THEY LYING THEN OR ARE THEY LYING NOW?

I want you to understand the solemnity this particular question holds.

The first time I heard that question, I was the state’s complaining witness in a criminal trial.  That is, I was the victim of the crime.  I managed to escape my attacker; he fled moments before police arrived.  The next day, he called to threaten me into silence.  I hung up the phone and called police. Two officers arrived immediately.  They said not to worry, clumsily trying to reassure me, he would be caught any minute.  ‘We’re not the only jurisdiction looking for him.’ Even drowning in trauma, I ‘got’ what that meant.  ‘Why are police in another jurisdiction looking for him?’  The men, unable to conceal they had let the proverbial cat out of the bag, only stared sheepishly at each other. ‘TELL ME WHAT HE DID!’

He had killed someone before he attacked me.  And that wasn’t all.  At the time, he was on parole from a multiple year sentence stemming from convictions on several counts of armed robbery.

Police in my jurisdiction caught him 3 1/2 months after my attack.  Having violated the terms of his parole, he would have to serve out the 6 or 7 years remaining on those prior convictions.  But apparently anxious to avoid prosecution for the attack against me, he voluntarily gave sworn statements to both police and prosecutors, concocting a whole narrative which could exonerate him in this crime.

Prosecutors in the other jurisdiction, charging 1st degree murder, were given first dibs.  They figured, if they got a conviction on that charge, he would be sentenced to life without parole; and my case would never have to go to court.  Only, he got a hung jury. In just a few years from now, he would be back out on the streets.  I agreed to testify but, always mindful of his threats, hoped for a plea.

We went to trial 1 1/2 years after the attack.

I was sequestered until closing arguments, meaning I wasn’t allowed inside the courtroom during the trial except during my testimony.  The District Attorney provided me with status reports during intermittent breaks in the proceedings. Then, it was my turn to testify.

I had told the Victim/Witness Advocate, I hoped more women were seated on the jury, explaining I thought they would be more sympathetic.  She said more men would be better because women tend to make themselves feel safe by rationalizing, ‘She must have done something to place herself in harm, which I would never do.’  Men would know this man was capable of doing harm.  The jury was mixed.

I took the stand to recount the attack  only yards away from this man who had threatened my life if I talked.  He cleaned up quite well.  Indeed, given the fact his prior convictions and even his present place of residence were unknown to the jury, he made a good first impression.

My testimony  proceeded for some time without interruption.  Several jurors – men and women – were crying.  Finally, I was reliving the moment I managed to separate myself from my attacker.  This was surreal; I stopped talking.  Now, the DA took over.  Q:  “What happened next?”  jbjd:  “I screamed (deep breath) and I screamed (breath) and I screamed.”  Silence.  Then, like a soap opera, the Judge leaned forward, declaring in hushed tones, ‘And now, the Court will recess for lunch.’

I completed my testimony after lunch, and the Defense Attorney briefly cross-examined.  As I was about to leave the courtroom I learned, the Defendant would exercise his option to take the stand.

The DA came out after finishing his cross-examination.  The Defendant, trying to manipulate my testimony, had played it all wrong.  The DA smiled.  ‘While he was lying under oath, I realized, he must have forgotten about his earlier statements, which were in one those boxes I brought into court.  So, as I began my cross-examination, I put a box up on the table.  I took the testimony he gave today which contradicted his earlier statements, and restated his words in the form of a ‘yes’ or ‘no’ question.  Then, after each answer,  I turned around, reached into the box, and whipped out one of the earlier statements.  ‘But I have here a sworn affidavit signed by you which contradicts what you just testified here under oath.’  “Were you lying then or are you lying now?”   That’s when I began to feel safe again, knowing no matter how charming and handsome, he had lost all credibility with the jury.  They were certain to convict and, no doubt, the judge would impose a multiple year sentence, to be served ‘on and after’ the terms of his present incarceration.

In other words, for me, this question, ‘were you lying then or are you lying now,’ has somber connotations.  Accordingly, I did not choose it casually for the title of this article; nor do I ask it lightly.  But it is the only question that can be asked of and remains unanswered by all 435 members of Congress petitioned by their constituents to inquire formally into whether Barack Obama satisfies the Constitutional qualifications of the office of President.  Including Madam Speaker, who refuses to respond to voters’ questions as to what was the documentary basis for swearing in that signed Certification of his Nomination that he is a natural born citizen.  (See Citizens of Virginia Complaint of Election Fraud to AG Cuccinelli, in sidebar.) Because even though for 2 (two) years now, these federal legislators have been telling their constituents, they believe, he has satisfied a showing he is Constitutionally qualified for office; in fact, based on the overwhelming circumstantial evidence constituents have assembled even without their help; he has not.

On November 2, 2010, all 435 seats in the U.S. House of Representatives will be up for election.  Based on the failure of all our Representatives, now incumbents, to demonstrate they appreciate the solemn public trust inherent in their positions, as evidenced by their ongoing decision to ignore constituent petitions for an inquiry into the President’s Constitutional qualifications for office; why would we want any one of them back on the job?

Each member of the House of Representatives will constructively forfeit the privilege of reelection by failing to introduce a Resolution of Impeachment before the November 2010 election.  That is the only mechanism through which we can examine Mr. Obama’s role in the criminal conspiracy of fraud that got state election officials to print on the ballot the name of the candidate who overwhelming circumstantial evidence establishes is Constitutionally unqualified for the job.  And, assuming the focused investigation and trial by the Senate validates our findings then, under the Constitution, Impeachment is the only way to remove him from office.

Several jurors began crying.

A ROADMAP to ELECTION FRAUD in TEXAS in the 2008 PRESIDENTIAL (ELECTORS) ELECTION

February 25, 2010

If you have been unable up until now, to wrap your brain around the election fraud that occurred in the 2008 Presidential (Electors) Election in applicable* states like Georgia, Hawaii, Maryland, South Carolina, Texas, and Virginia, among others; well, this picture showing how that fraud was carried out in Texas is worth a thousand words.

As you follow this roadmap to fraud, keep in mind:  if Barack Obama failed to satisfy the eligibility requirements to get officials to print his name on the ballot in the state of Texas then…

*Applicable states for the purpose of charging election fraud in the 2008 election are those states whose laws only allow the names of qualified candidates to appear on the ballot.

Concept:  http://jeffersonsrebels.blogspot.com

Layout & Design:  https://jbjd.wordpress.com and http://jeffersonsrebels.blogspot.com

Text:  https://jbjd.wordpress.com

(c)  All Rights Reserved

View this document on Scribd

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Freedom costs.

 

*Applicable states for the purpose of charging election fraud in the 2008 election are those states whose laws only allow the names of qualified candidates to appear on the ballot.


CLUBS RULE

February 19, 2010

UPDATE 04.14.12: As of today, neither the Texas Democratic Party nor the Republican Party of Texas is registered with the Secretary of State as a corporation; limited partnership; or limited liability company. In other words, they remain private clubs.


NOTE: Reading this article in conjunction with TEXAS TWO-STEP enhances its significance.

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In the summer of 2008, before I knew half as much about the political process as I have learned since that time, I submitted a comment to the PUMA PAC blog, containing this epiphany:  the Democratic Party is only a club.

See, I had just ‘learned’ there exists a category of states I dubbed ‘vote binding states,’ which are those states that have enacted laws essentially saying, ‘In our state, being a “pledged delegate” means, you must vote for the person voters elected you to represent, on the roll call vote on the floor of the party Convention.’  (Did you know, DNC rules only require pledged delegates to use their “good conscience”?)  (“All delegates to the National Convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.”)  (http://s3.amazonaws.com/apache.3cdn.net/fb3fa279c88bf1094b_qom6bei0o.pdf, p. 23.)

I saw that BO’s people were harassing HRC pledged delegates to change their votes to him, in advance of the Convention.  In other words, in these vote binding states, BO’s people were enticing HRC’s people to break the law.  So, I drafted letters to state Attorneys General in the 13 (thirteen) vote binding states I identified, complaining about this illegal conduct from BO’s camp.  Next, I needed to recruit voters from those vote binding states to send these letters.  But first, I had to explain to these recruits, in lay terms, what I was talking about.  For this, I developed a primer.  And in the primer, here is how I summarized the hierarchy of commandments applying to pledged delegates: state laws trump the rules made up by the political party, every time.  https://jbjd.wordpress.com/to-stop-harassment-of-clinton-pledged-delegates-in-vote-binding-states/

That’s when it hit me: the Democrats (and Republicans) are nothing more than private clubs.

#309 jbjd on 08.18.08 at 3:59 am

THIS IS THE MOST IMPORTANT COMMENT I HAVE EVER WRITTEN OR WILL EVER WRITE ON THIS BLOG… PLEASE REFER OTHERS TO THIS COMMENT THROUGHOUT THE DAY, IN SUBSEQUENT COMMENTS… I AM BUSY WRITING YOUR STATE-SPECIFIC LETTERS TO THE ATTORNEYS GENERAL, TO BE COPIED TO OUR DEAR STATE DELEGATES PLEDGED TO HRC, TO LET THEM KNOW, WE HAVE THEIR BACKS…

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DECONSTRUCTING DEMOCRACY AND THE DEMOCRATIC PARTY

My Dear Fellow PUMAs,

If you are going crazy trying to figure out what’s happening with the Democratic Party, join the club. I’m not kidding. Join the club. Because it just hit me, the way to understand this Democratic nominating process is to think of The Democratic Party as what it is – a club. And the only thing that makes this club so special is that it was able to get permission from each of the 50 states to collect campaign contributions and put the names of the candidates it wants to hold office onto the state’s election ballot. That’s it. That’s all there is. Let me explain.

According to Party – or rather, club rules, presidential candidates are chosen at the club’s nominating convention. Afterward, the club submits the name of its candidate for POTUS to the appropriate state official in each state – usually the Secretary of State – as part of an application to get onto the state’s general election ballot, in compliance with that state’s laws. In fact, states only allow the candidate for POTUS chosen by a “major political party” to submit ballot papers so late in the game because club rules and by-laws require their candidates to be chosen at a “nominating convention.”

The club determines who will be its candidate for POTUS on the general election ballot through a vote at the convention by people it calls “delegates,” which delegates obtained that status through an allocation process set by the club. That is, the club places the names of its proposed candidates on state ballots in the primary and caucus elections and then, in exchange for receiving a specific number of votes in that process, the candidates are assigned a delegate to vote for them at the convention. Most state delegates are given a special status, called “pledged.” According to club rules, when these pledged delegates cast their votes at the convention, they should use their best judgment to represent the wishes of the voters based on whose votes they were elected. Historically, by counting these delegates pledged to each candidate, the club has usually been able to predict which of its candidates will end up with the nomination at the end of the primary and caucus process, since one candidate usually garners enough pledged delegates to surpass the number the club set as the requirement at the convention. But not this year. Neither club candidate – BO or HRC – was assigned enough delegates through the primary and caucus process to secure the nomination at the convention. Luckily, the club had in place rules whereby this deficit in delegates could be made up by special delegates commonly referred to as super delegates who get to cast their votes for either candidate at the convention.

The Democratic Party set up volumes of rules and by-laws that govern all these operations, with auspicious sounding titles like “Charter,” “Constitution,” “Model Rules to Delegate Selection Process,” and “Call to the Convention.” But here’s the thing about all these club rules: they can be changed at any time. According to club rules. So, if like me, you have read club rules and believe, as I do, that members of the club have not played fair throughout this presidential nominating process, am I saying there is nothing you can do about it? Hardly.

Remember what I said in the beginning: the state only lets the club get onto official state ballots as long as they follow state rules. And unlike club rules, when states make rules, they’re called laws. (TO BE CONTINUED…)
©jbjd

(In the interest of full disclosure, let me say, I was banned from that blog just days after this comment was posted.)

In the 1 1/2 years since I experienced this 3:00 AM epiphany that ‘club’ is just another word for ‘political party,’ I have learned (and written) volumes about the DNC.  Now, I know it by its official name:  the Democratic National Committee Services Corporation.  That’s right; it’s a corporation.  That’s why I now regularly refer to this business entity as the D Corporation (in case you hadn’t noticed).

Before I initiated the present campaign to submit document requests to the Texas Democratic Party (“TDP”) under the Texas open records law, I had to determine whether the TDP was a covered entity under that law.  First, I tried to ascertain its legal construct. I hit a brick wall.  Luckily, through other means, I was able to conclude, the TDP is subject to provisions of the open records law, regardless of its organizational construct.  Then, after the campaign to obtain records was underway, a loyal Texan and I continued to research the nature of the TDP until we got answers.

So, what is the legal construct of the TDP?  Let me give you a hint what it’s not.

Here are the documents returned by the TX Secretary of State web site after a paid on-line search of documents held by that office, for an entity called Texas Democratic Party (“Find Entity Name Search”).  (Recall that the Certification of BO’s Nomination signed by TDP Chair, Attorney Boyd Richie, and submitted to state election officials to get them to print the name of Barack Obama next to the D on the general election ballot; was printed on letterhead showing the name, “Texas Democratic Party.”) (See this document and Mr. Richie’s accompanying letter, also on TDP letterhead, on p. 3 of the citizen complaint of election fraud to AG, in REMEMBER the ALAMO )

Did you notice what name is missing?  Yep; the Texas Democratic  Party.  In the words of Randall Dillard, Director of Communications, Office of the TX SoS:  “There is no requirement in state law that political parties organize as a business entity and since the parties are not found in a search of our records, they are not organized as corporations, limited partnerships or limited liability companies.”

Whoa!  If the TDP is none of these then, what is it?

Well, I tried a Google search for “clubs in Texas.”  And look at what showed up at the bottom of page 6  (not to be confused with Page Six, the NY Post scandal column, http://www.nypost.com/pagesix): Clubs and Organizations:  Texas Democratic Party

So, I clicked on that link, which led me to all of the Clubs and Organizations organized under the big top of the TDP.

I clicked on the link in the lower right-hand corner, txdemocrats.org.  Look who was staring me in the face.

Boyd Richie, Chair of the Texas Democratic Party.

In sum, here is the answer to the question, what is the TDP.  It is the club mystically possessed with the power to get TX election officials to print the name of Barack Obama next to the D on the state’s 2008 general election ballot based only on the word of its Chair that he is Constitutionally eligible for POTUS, notwithstanding no one in the club is willing to disclose, why.

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Freedom costs.


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.


THE GOVERNMENT WE DESERVE

December 31, 2009

A few days ago, I received an email announcing that the work of the group meeting under the banner CONTINENTAL CONGRESS OF 2009 had been completed. Laid out with large capital letters in varying sizes, in bold, highlighted, it exhorted me to appreciate the solemnity of the work that came out of this gathering, and challenged me to prove my patriotism by distributing this work to others.

HERE IS WHERE THE RUBBER MEETS THE ROAD. PLEASE REMEMBER THE FINE YOUNG SOLDIERS THAT HAVE GIVEN THEIR LIVES OVER THE YEARS FOR OUR FREEDOM. DON’T GIVE OUR COUNTRY AWAY HERE AT HOME. THEY HAVE GIVEN THEIR LIVES….WHAT WILL YOU GIVE????

This was followed by a few quotes – for example, Patrick Henry’s “give me liberty or give me death” – apparently aimed at eliciting my enlistment in this campaign by inciting a patriotic fervor.

Here is my reply.

Dear barngoddess30 and Others:

You urged me to read about the event you refer to as the “Continental Congress 2009,” in this email filled with language equating the approval of work that came out of that confab; with demonstrating a personal commitment to preserving liberty and honoring fallen troops. On the contrary, it is precisely because I cherish liberty and value the high cost to life to maintain such liberty, that I reject both the stated mission of “cc2009” and the work it produced. I will not question the motivation of the people who conceived and carried out this gathering. However, I cannot condone such exhortations to “spread the word” of the cc2009 or else call into question my fealty to my country, when the opposite is true. Indeed, putting my ‘stamp of approval’ on this endeavor would not only evidence that I know nothing about the real history of the Continental Congress but also that I place self above others in our Republic.

State delegates to the First Continental Congress of the United States, held in 1774 in Philadelphia, PA, were usually chosen by state assemblies (legislatures) which, when not in regular session, were convened by state Governors specifically for the purpose of electing these delegates. Sometimes, the selection of delegates was put to a popular vote. (Much of this process was carried out in secret, including where applicable the election of delegates, as opposing the Crown at that time, was unlawful.) Particular attention was paid to making sure to include both radical and conservative leaders in the state.The decision as to which issues these delegates would submit for discussion at the CCongress and, what were the state’s positions on these issues, were determined beforehand in consultation with the citizens of these states, through various means that included public meetings; distribution of pamphlets; and special votes of the assemblies.

In other words, unlike the attendees at cc2009, individual delegates to the First CCongress did not obtain these positions just by volunteering. They did not meet with each other in the first instance at the Congress to determine what issues were of primary import to the people and then substitute their positions on these issues for that of the people. They certainly did not distribute the results of their work under the guise, since they – the attendees – resided in several different states this work necessarily represented the will of the ‘people.’

Attempting to conflate in the minds of the People, the inception and function of the present day CCongress with its illustrious namesake evidences either an odious display of hubris or a woefully inadequate knowledge and understanding of American History. At least in terms of democratic representation and results, this current iteration of CCongress bears little resemblance to that First CCongress in 1774.

For a good summary of how delegates to the First CCongress were selected, see

http://books.google.com/books?id=lO1YMD0a5OkC&dq=how+were+representatives+of+the+first+continental+congress+chosen&printsec=frontcover&source=in&hl=en&ei=oGQyS_uwKcyztgentYmPCQ&sa=X&oi=book_result&ct=result&resnum=11&ved=0CDwQ6AEwCg#v=onepage&q=&f=false

jbjd

All of that human and financial capital expended for CCongress 2009 – two weeks at a hotel, live video feeds, etc. – focused on a handful of issues like gun control; income tax; and the federal reserve system which, when distilled, amount to little more than a reassertion of states’ rights over federal authority. And Robert Schulz, Founder and Chairman of the “We The People Foundation for Constitutional Education,” who conceived and spearheaded the drive for a CCongress 2009, has been actively pursuing strategies to publicize these issues for more than 15 (fifteen) years. With this one exception.

The mission of the CCongress 2009 now expanded to include work on a reinvention of the definition of the phrase natural born citizen drafted into the Constitution. (Printed on the agenda, both Mr. Schulz and Orly Taitz, Esquire were scheduled to address attendees on “History, Meaning, Effect, Significance and Violations of the Natural Born Citizen Clause of the Constitution.” The appointed head of the sub-committee charged with carrying out this work is a hydrologist.) Of course, Mr. Schulz knows, no definition of natural born citizen has any practical value absent a federal court holding in a case directly on point. But inserting into his decades old activist agenda of states’ rights versus federal authority, this issue of the Constitutional eligibility (of Barack Obama) to be President; arguably proved to be a marketing, recruiting, and fundraising bonanza.

We people continue to focus on opposing individual problematic outcomes of the legislative and executive branches of federal government – opposition to the work of the judicial branch has overwhelmingly resulted from our ignorance of the law and of sound legal practice – and not on how members of the DNC Services Corporation have thus far avoided scrutiny for Certifying to state election officials that Barack Obama was Constitutionally eligible to be President. (A year ago now, his own attorney, Bob Bauer, admitted to a federal court no evidence exists in the public record that his client is Constitutionally eligible for the job. Then, on what basis did members of the D Corporation swear to state election officials several months earlier, he was!) For as long as we side-step the issue of Barack Obama’s Constitutional eligibility for POTUS, focusing our energies (and money) on such novelty distractions as the CCongress of 2009, instead of figuring out how to compel state Attorneys General in applicable states, to enforce existing election laws; we provide neither the executive branch nor the legislative branch of government with any incentive to clean up its act.

We are so stupid.


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