DE-CODER RINGS (2 of 2)

January 12, 2011

©2011 jbjd

DE-CODER RINGS (1 of 2) provided a more sophisticated legal analysis of simple charges I first raised on this blog in 2008 when I advised people investigating Barack Obama’s Constitutional eligibility for POTUS to ignore information posted on the web site “Fight the Smears” (“FTS”), which is just a paid political advertisement.  Now, by taking the facts available in the public record, including that FTS was copyrighted in 2007, and correlating these public facts to specific provisions of the U.S. Code; I spelled out that FTS was devised to promote and support the candidacy of Barack Obama, first, as the Presidential nominee wannabe of the D Party and then as its nominee; and is now used by the DNC Corporation to sustain the image of its current President (and, perhaps to promote and support his future run for office).   But the legal analysis offered in that article still left this question unanswered. Even assuming the COLB posted on FTS was only created as a feature of that on-line advertising campaign; is its appearance on that site proscribed by law?

DECODER-RINGS (2 of 2) addresses this last critical concern.

Here is just a partial index for TITLE 18 > PART I (CRIMES) > CHAPTER 47, FRAUD AND FALSE STATEMENTS.  (We will only use Part 1 for this analysis but here is a link to Part II, FYI.  PART II—CRIMINAL PROCEDURE (§§ 3001—3771).)

  • § 1001. Statements or entries generally
  • § 1002. Possession of false papers to defraud United States
  • § 1003. Demands against the United States
  • § 1004. Certification of checks
  • § 1005. Bank entries, reports and transactions
  • § 1006. Federal credit institution entries, reports and transactions
  • § 1007. Federal Deposit Insurance Corporation transactions
  • § 1010. Department of Housing and Urban Development and Federal Housing Administration transactions
  • § 1011. Federal land bank mortgage transactions
  • § 1012. Department of Housing and Urban Development transactions
  • § 1013. Farm loan bonds and credit bank debentures
  • § 1014. Loan and credit applications generally; renewals and discounts; crop insurance
  • § 1015. Naturalization, citizenship or alien registry
  • § 1016. Acknowledgment of appearance or oath
  • § 1017. Government seals wrongfully used and instruments wrongfully sealed
  • § 1018. Official certificates or writings
  • § 1019. Certificates by consular officers
  • § 1020. Highway projects
  • § 1021. Title records
  • § 1022. Delivery of certificate, voucher, receipt for military or naval property
  • § 1023. Insufficient delivery of money or property for military or naval service
  • § 1024. Purchase or receipt of military, naval, or veteran’s facilities property
  • § 1025. False pretenses on high seas and other waters
  • § 1026. Compromise, adjustment, or cancellation of farm indebtedness
  • § 1027. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974
  • § 1028. Fraud and related activity in connection with identification documents, authentication features, and information
  • § 1028A. Aggravated identity theft
  • § 1029. Fraud and related activity in connection with access devices
  • § 1030. Fraud and related activity in connection with computers
  • § 1031. Major fraud against the United States
  • § 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution
  • § 1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce
  • § 1034. Civil penalties and injunctions for violations of section 1033
  • § 1035. False statements relating to health care matters
  • § 1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport
  • § 1037. Fraud and related activity in connection with electronic mail
  • § 1038. False information and hoaxes
  • § 1039. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity
  • § 1040. Fraud in connection with major disaster or emergency benefits

But to answer the question concerning the legality of the  FTS COLB under the U.S. Code, we will be concentrating primarily on section 1028.

§ 1028. Fraud and related activity in connection with identification documents, authentication features, and information

(a) Whoever, in a circumstance described in subsection (c) of this section—

(1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document;

(2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority;

(4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States;

(7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;

shall be punished as provided in subsection (b) of this section.

(c) The circumstance referred to in subsection (a) of this section is that—

(1) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document;

(2) the offense is an offense under subsection (a)(4) of this section; or

(3) either—

(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or

(B) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.

(d) In this section and section 1028A

(1) the term “authentication feature” means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified;

(2) the term “document-making implement” means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement;

(3) the term “identification document” means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals

(4) the term “false identification document” means a document of a type intended or commonly accepted for the purposes of identification of individuals that—

(A) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and

(B) appears to be issued by or under the authority of the United States Government, a State, a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization;

(5) the term “false authentication feature” means an authentication feature that—

(A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit;

(B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or

(C) appears to be genuine, but is not;

(6) the term “issuing authority”—

(A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and

(B) includes the United States Government, a State, a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization;

(7) the term “means of identification” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any—

(A) name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number;

(C) unique electronic identification number, address, or routing code; or

(D) telecommunication identifying information or access device (as defined in section 1029 (e));

(9) the term “produce” includes alter, authenticate, or assemble;

(10) the term “transfer” includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others;

(11) the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States; and

(12) the term “traffic” means—

(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or

(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.

(f) Attempt and Conspiracy.— Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

Phew!  To re-cap, it’s a crime to undertake the conduct described in (a) under circumstances spelled out in (c)Attempting or conspiring to commit the crimes spelled out in (a) under circumstances spelled out in (c) becomes a crime according to (f).  In (d), we find definitions for some of the terms in (a) and (c).  But many of the “terms of art” used in 1028, such as “produce,” “transfer,” or “possess” are either defined only in a limited manner or not defined directly in the law.  So, we will look at the U.S. Attorneys Criminal Resource Manual.  (Note:  In the past, I have indicated that when seeking the true meaning of prominent terms within the text of a law, look to the “Definitions” section in that law.  Indeed, finding a word in this section tells the reader, this word is important.   However, §1028 contains only a limited ‘definitions’ section.  So, go to the manual that tells U.S. Attorneys how to practice (investigating and prosecuting) cases brought under this section of the Code.)

US Attorneys > USAM > Title 9 > Criminal Resource Manual 1511
1509 Operative Terms—18 U.S.C. § 1028

Section 1028 of Title 18 has three basic operative offenses. They are to “produce,” “transfer,” or “possess.” With the exception of simple possession of a United States identification document which was stolen or produced without lawful authority, which is prohibited by 18 U.S.C. § 1028(a)(6), possession is always coupled with the purpose to “use unlawfully,” “transfer unlawfully” or “use to defraud the United States.” Hence, it is necessary to understand the scope of the words “produce,” “transfer,” “possess,” “use,” and “defraud the United States.”

A.    “Produce” is defined in section 1028(d)(2) to include “alter, authenticate, or assemble.” Obviously, since the word “include” is used in the definition, the term is not limited to these three concepts but also encompasses all forms of counterfeiting, forging, making, manufacturing, issuing, and publishing. A government employee whose duty is to simply issue identification documents (i.e., he does not manufacture or assemble the documents) is, by issuing the document, authenticating it. If such an employee were to authenticate such documents without lawful authority, it would constitute an offense under section 1028(a)(1).

B.    “Transfer” is not defined in section 1028, but is intended to reach those persons who “traffic” in stolen and false identification. It includes the acts of selling, pledging, distributing, giving, loaning or otherwise transferring. It does not require any exchange of consideration (anything of value) for the transfer. To transfer “unlawfully” means the transfer of an identification document in a manner forbidden by federal, state, or local law.

C.    “Possess” is not defined in section 1028 but is to be construed broadly. It includes the concept of “receipt” but is not limited thereto. Constructive possession would also be included.

D.    “Use” is not defined in section 1028 but is to be broadly construed and includes presenting, displaying, certifying, or otherwise giving currency to an identification document so that it would be accepted as an identification document in any manner. To use “unlawfully” means that the document was used in a manner that violates a federal, state or local law, or is part of a misrepresentation that violates a law. For example, section 1028(a)(3) would be violated if the possessor intended to use five or more documents to make representations in any matter within the jurisdiction of any department or agency of the United States in violation of 18 U.S.C. § 1001.

E.     “Defraud the United States” is not defined in section 1028 but is not intended to be limited to misrepresentations related to financial fraud. It would also include the misrepresentative use of false identification to obstruct functions of the government (e.g., display to a government investigator a false pilot’s license or someone else’s driver’s license for the purpose of trying to deceive or mislead the investigator).

[cited in USAM 9-64.400]

Okay, so assuming the COLB displayed on FTS, the political advertising web site, was knowingly produced, transferred, possessed, and used in relation to the FTS political ad campaign to fool people into believing the state of HI issued a document recording the birth of Barack Obama, is its display on FTS legal under the U.S. Code?  Absolutely.

Both the plain language of the statute – under (d)(3), this image of a COLB cannot be considered to be an “identification document” where it was not “made or issued by or under the authority of” “a State, or political subdivision of a State”; but by a candidate seeking public office and then, his political party – and the SCOTUS’ reverence to political speech guaranteed by the First Amendment, recently renewed in Citizens United – “The Government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether” – should convince you why.

But why bother to conduct this extended legal analysis as to the legitimacy of any ‘information’ visible on the image of the COLB posted on the  FTS site, when the language therein already plainly warns, (under the laws in the state of HI) “ANY ALTERATIONS INVALIDATE THIS CERTIFICATE“?

In sum, between the clear accreditation in the footer of the FTS internet web site identifying under the U.S. Code, this is a paid political advertisement; recent holdings of the U.S. Supreme Court protecting false political speech; and the obvious redactions on the face of the image of the FTS COLB rendering it invalid as a matter of (HI) law; its appearance as a so-called ‘identification document’ on that site is not illegal, precisely because as a matter of law, it identifies nothing.  Indeed, given the patently obvious worthlessness of the posted COLB, it’s as if the site owners have announced to those voters who have expressed concern as to whether Barack Obama is Constitutionally eligible to be the President of the United States: ‘We are banking the political future of the Democratic Party on the fact you are too ignorant to grasp when we insist the “birth certificate” posted on FTS proves, he is, we are not telling the truth.’

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Freedom costs.

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DE-CODER RINGS (1 of 2)

January 3, 2011

©2011 jbjd

Introduction

Businesses marketing their goods on television in the ’50s often included fun gimmicks in their advertising campaigns so as to disguise to impressionable consumers that what they were watching, whether broadcast as a feature program or as a word from the sponsor,  were essentially commercial vehicles designed to sell products.  For example, the children’s serial, “Captain Midnight and the Secret Squadron” promoted the sale of Ovaltine® through the introduction of secret de-coder rings, which could help the viewer to decipher the puzzle offered up weekly by Captain Midnight.  To obtain this de-coder ring, you just had to join the Secret Squadron.  And to do that, “First, get a jar of the official Secret Squadron drink, delicious chocolate flavored Ovaltine®, the food drink for rocket power.  Then cut out the wax paper disc that covers the Ovaltine® jar.  And send that disc with your name and your address to Captain Midnight.”

(For an interesting history in the chronology of the product and the companies that owned it, see http://www.google.com/search?q=ovaltine+history&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a#q=ovaltine+history&hl=en&client=firefox-a&hs=ahq&rls=org.mozilla:en-US:official&prmd=ivns&tbs=tl:1&tbo=u&ei=HbQfTaDWD8H68AaM8ZHdDQ&sa=X&oi=timeline_result&ct=title&resnum=11&ved=0CHMQ5wIwCg&fp=bdddfab3d4d782f2.)

The bad news is, “DE-CODER RINGS” won’t be sending out any such costume baubles.  But the good news is, it provides you, instead, with a ‘gimmick’ that is genuinely priceless.  Because it will enable you to decipher the true nature of those familiar images which are part of the brilliantly conceived and phenomenally successful sales and advertising campaign that gave us Barack Obama, the 44th President of the United States, under various iterations including (in chronological order) “Barack Obama”; “Obama for America”; and “Organizing for America, a product of the Democratic National Committee” (“DNC”).  Plus, you won’t have to send me your personal information before obtaining this Rosetta Stone.  Nope; you just have to read some selected provisions of the U.S. Code.

So, what is the U.S. Code, anyway?  Here’s the definition on the web site of the Government Printing Office (“GPO”):  “The United States Code is the codification by subject matter of the general and permanent laws of the United States.”  http://www.gpoaccess.gov/uscode/ In other words, the U.S. Code is the systematic compilation of all of the federal civil and criminal laws of the land.

DE-CODER RINGS is presented in two (2)  parts.  Part (1 of 2) addresses what the Code has to say about the legal nature of electronic political advertising campaigns like the one copyrighted and commonly known as “Fight the Smears,” and begins a discussion of the legality of posting on these political advertising sites images such as the Certification of Live Birth (“COLB”) which appears on various named internet sites carrying that ad campaign.  Part (2 of 2) completes the discussion of the criminal implications of producing and distributing the electronic image of that COLB and then compares and contrasts the legal implications of presenting such an electronic image, with the laws that would apply to any future production and/or transfer of hard copy images of either an officially released COLB or an actual Birth Certificate.

As you read DE-CODER RINGS (1 of 2) and (2 of 2), notice that the key to unlocking the legitimacy of political advertising, whether in the form of electronic images or hard copy, cannot be found by micro-analyzing the minutia of its visual presentation, but in realizing that the production and transfer of either electronic images or hard copy documents by anyone, whether in conjunction with a political ad campaign is likely governed by and, therefore, inextricably linked to maintaining compliance with provisions of the U.S. Code.

Discussion of the Federal Laws Governing Paid Political Advertising

In June 2008, Barack Obama, then still struggling to bamboozle Democratic voters (and the rest of the country) into buying into the meme that with the primary/caucus contests ended, there was no way Hillary Clinton could possibly still win the D Presidential nomination; publicly launched “Fight the Smears” (“FTS”), the web site his supporters had prepared several months earlier.  Admittedly, part of the reason he and his marketing team were flailing miserably is that rumors had surfaced questioning whether he was even Constitutionally eligible to become the President.  So, on June 12, FTS was publicly launched, putting his name – literally – on this electronic platform containing an image imprinted with the title, “Certification of Live Birth,”  which image both the candidate and others associated with his quest for the nomination claimed was his “Certificate of Live Birth.”

(Here is an interesting side note.  When I posted COUP (1 of 3) way back in August 2010, I posited that while only publicly unveiled in June 2008, FTS had been conceived and concocted well in advance.

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.

By obtaining the computer source code for that FTS page, loyal “jbjd” reader “azgo” proved I was right.  (“I use Firefox as my search window, I press down on the icon on the left side of the address bar at the top of the window. A box appears with a “More information…” button, then I click and get the “Page Info” window as you see below.”)   Pay special attention to lines 8 and 9.)

Advertising copy on the FTS campaign launch asserted once and for all, this electronic image of the COLB would “fight” the “smears” that the man who would be President of the United States was not a Natural Born Citizen by “prov[ing]” he is “native” born.  (I know, this made no sense on its face, as the Constitutional language in that one provision pertaining to eligibility – Article II, section 1 – does not state that being a “native” “citizen” confers eligibility but only being a “citizen” who it describes is “natural born.”)  I have been characterizing FTS as paid political advertising that was only designed to persuade consumers to buy (into) the product (candidate) Barack Obama.  As evidence of this claim the web site is nothing more than political advertising, I pointed out the ever-changing accreditations in the footer of the site, which changing credits correspond to Obama’s altered political status – nominee wannabe -> nominee -> President-elect/President – as required by the U.S. Code.

Let’s further examine the legality of what we already know about the contents of FTS, in light of that Code.

Here is just a partial index for TITLE 2 > CHAPTER 14 > SUBCHAPTER I, dealing with federal campaign funds.

DISCLOSURE OF FEDERAL CAMPAIGN FUNDS

  • § 431. Definitions
  • § 432. Organization of political committees
  • § 433. Registration of political committees
  • § 434. Reporting requirements
  • § 437. Reports on convention financing
  • § 437c. Federal Election Commission
  • § 437d. Powers of Commission
  • § 437f. Advisory opinions
  • § 437g. Enforcement
  • § 437h. Judicial review
  • § 438. Administrative provisions
  • § 438a. Maintenance of website of election reports
  • § 439. Statements filed with State officers; “appropriate State” defined; duties of State officers; waiver of duplicate filing requirement for States with electronic access
  • § 439a. Use of contributed amounts for certain purposes
  • § 439c. Authorization of appropriations
  • § 441a. Limitations on contributions and expenditures
  • § 441a-1. Modification of certain limits for House candidates in response to personal fund expenditures of opponents
  • § 441b. Contributions or expenditures by national banks, corporations, or labor organizations
  • § 441c. Contributions by government contractors
  • § 441d. Publication and distribution of statements and solicitations
  • § 441e. Contributions and donations by foreign nationals
  • § 441f. Contributions in name of another prohibited
  • § 441g. Limitation on contribution of currency
  • § 441h. Fraudulent misrepresentation of campaign authority
  • § 441i. Soft money of political parties
  • § 441k. Prohibition of contributions by minors
  • § 442. Authority to procure technical support and other services and incur travel expenses; payment of such expenses

http://www.law.cornell.edu/uscode/html/uscode02/usc_sup_01_2_10_14_20_I.html

But trust me, by applying just the following select sections of the Code involving political advertising funding credits, to “FTS,” you will begin to develop an understanding as to the interplay between law and practice.

  • § 441d. Publication and distribution of statements and solicitations
(a) Identification of funding and authorizing sources

Whenever a political committee makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever any person makes a disbursement for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate, or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising or makes a disbursement for an electioneering communication (as defined in section 434 (f)(3) of this title), such communication—
(1) if paid for and authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication has been paid for by such authorized political committee, or [1]
(2) if paid for by other persons but authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication is paid for by such other persons and authorized by such authorized political committee; [1]
(3) if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state the name and permanent street address, telephone number, or World Wide Web address of the person who paid for the communication and state that the communication is not authorized by any candidate or candidate’s committee. (Emphasis added by jbjd.)

“azgo” volunteered this U.S. Code reference prototype to simplify your analysis.  (Just a word of caution.  By citing to particular provisions found in the Code, I am not claiming that these exclusively govern political campaign advertising.  I merely intend to illustrate the point that, an explanation underlying the advertising copy visible on the screen, can be found in the Code.) The quoted accreditations appeared in the footer of the FTS web page, evolving along with the corresponding political status of Barack Obama, in parentheses.  The provision of the Code satisfied by that wording follows.

  1. “Paid for by Barack Obama” (D Presidential nominee wannabe) = complies with § 441d. (a) (1).
  2. “Paid for by Obama for America” (nominee) = complies with § 441d. (a) (2).
  3. “Paid for by Organizing for America, A Project of the Democratic National Committee, 430 South Capital Street SE,Washington, D.C., 20003.  THIS COMMUNICATION IS NOT AUTHORIZED BY ANY CANDIDATE OR CANDIDATE’S COMMITTEE” (Emphasis added by jbjd) (President-elect and President) = complies with § 441d. (a) (3).

Okay, get that?  Based on this rudimentary analysis of the disclosure of its funding sources, the electronic political advertising platform called FTS meets the legal requirements spelled out in this section of the U.S. Code.  Yep; nothing in this section of the law requires that what is said in these publications or solicitations must be true.  It just says, you have to disclose who is paying for the words.

So, does this mean, the Code condones the “production,” “transfer,” or “possession” of any document incorporated into such political advertising, including a mock-up or image thereof of any documents advertisers variously claim is either an official “Certification” or  “Certificate” “of Live Birth”?  Hardly.  Only, that’s not dealt with in Title 2 of the Code but in Title 18, Crimes and Criminal Procedure, Part I, Crimes, Chapter 47, Fraud and False Statements, §1028, Fraud and related activity in connection with identification documents, authentication features, and information.

This aspect of the legality of conduct related to political speech will be covered in DE-CODER RINGS (2 of 2).

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Freedom costs.

U.S. Code, Title 2, Congress; Chapter 14, Federal Election Campaigns; Subchapter I, –
Disclosure of Federal Campaign Funds;
 

§ 441d. Publication and distribution of statements and solicitations(a) Identification of funding and authorizing sourcesWhenever a political committee makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever any person makes a disbursement for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate, or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising or makes a disbursement for an electioneering communication (as defined in section 434 (f)(3) of this title), such communication—(1)  if paid for and authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication has been paid for by such authorized political committee, or (2)  if paid for by other persons but authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication is paid for by such other persons and authorized by such authorized political committee; [1](3)  if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state the name and permanent street address, telephone number, or World Wide Web address of the person who paid for the communication and state that the communication is not authorized by any candidate or candidate’s committee.”


http://www.law.cornell.edu/uscode/html/uscode02/usc_sec_02_00000441—d000-.html

The following credit communications on “’Fight the Smears” web page evolved from the time the candidate was a competing candidate to the present credit communication paid by the national political party.

1. Credit Communication: Barack Obama 2008

 

Paid for by Barack Obama 2008. All Rights Reserved


The communication credit from the candidate’s original campaign web site.
– Complies with U.S. Code § 441d. (a) (1).

2. Credit Communication: OBAMA FOR AMERICA 2008

PAID FOR BY OBAMA FOR AMERICA 2008.  All Rights Reserved


The credit communication evolved to a new name when the candidate became the presidential nominee of the national party.
– Complies with U.S. Code § 441d. (a) (2).

2. Credit Communication: ORGANIZING FOR AMERICA

PAID FOR BY ORGANIZING FOR AMERICA,
A PROJECT OF THE DEMOCRATIC NATIONAL
COMMITTEE – – 430 SOUTH CAPITAL STREET SE,
WASHINGTON, D.C. 20003. THIS COMMUNICATION
IS NOT AUTHORIZED BY ANY CANDIDATE OR
CANDIDATE’S COMMITTEE.


The credit communication evolved to a new name when he became the presidential nominee of the Democratic party.
– Complies with U.S. Code § 441d. (a) (3).

The ‘Fight the Smears’ web page with the birth document image, statements and solicitations has been and is presently a paid public political advertisement which conforms to Chapter 14, Federal Election Campaigns, § 441d.

(Note: The publications and distribution of statements and solicitations of this law are not required to be a geuine identification document or false identification document.  In other words, this law does not require the information on the web page to be factual.)

Therefore it is safe to say;

THE ‘FIGHT THE SMEARS’ WEB PAGE IS A LAWFUL PAID POLITICAL ADVERTISEMENT.


GOV. NEIL ABERCROMBIE (D-HI) TAKES ON LT. GOV. BRIAN SCHATZ for CRIMINAL ELECTION FRAUD

December 29, 2010

© 2010 jbjd

Judging from the outpouring of articles and comments on those other blogs whose focus has included whether Barack Obama is a NBC, the overwhelming consensus is that the latest statements from Hawaii’s newly-elected Governor Neil Abercrombie concerning the President’s Constitutional eligibility to hold that office merely add to the subterfuge forestalling exposure of the fraud that tainted the election cycle of 2008.   But donning my ‘glass half full’ spectacles, I considered the utterances relating to his old pal Barry in a completely different light.

Rather, Governor Abercrombie’s recent pronouncements indicate to me, he believes no documents were available in the public record which could have provided a basis for the oath taken in 2008 by his Lieutenant Governor Brian Schatz, then Chair of the HI Democratic Party, to HI election officials guaranteeing then candidate Barack Obama was Constitutionally eligible for the office of POTUS, which sworn statement was required under HRS  §11-113 before these officials could authorize his name to be printed on HI state ballots.  (See Memorandum of Complaint of Election Fraud against Brian E. Schatz, Chair, Democratic Party of Hawaii and Request for Investigation by Attorney General of Hawaii, in sidebar.)

Indeed, judging by his public displays of emotion when the subject is raised, I would say, having realized for the first time that his running mate is a crook, he also realizes by implication, people could consider him crooked, too; and the First Gentleman of HI is steamed! This would explain why the man has been desperately trying to get on the record as having played no part in the sordid affairs of his partner-in-crime, hoping that when the ‘fecal matter’ finally ‘hits the fan,’ his hands will remain clean.

If I am right that he is motivated by penal self-interest, this could be the basis for orchestrating a media saturation just weeks after being sworn in as Hawaii’s 7th Governor making unambiguously clear to numerous news outlets including the New York Times, the AP, and HawaiiNewsNow, citing a similar story in the LA Times, that he is legally prohibited from accessing Obama’s records in the custody of state agencies.   On the contrary, he promised to use his office as Governor to consult with the AG to seek out any legal means by which he could release Mr. Obama’s personal birth information. (Actually, I heard this admission as a ‘twofer.’  That is, on the one hand, confirming that even the Governor cannot access such records, he is reminding voters and law enforcement alike, he is not now (nor was he ever) in a position to rectify (or forestall) Mr. Schatz’s apparent misdeed. Simultaneously, he is pointing the finger directly at Mr. Schatz, begging the obvious question: ‘Since I cannot access these records, how on earth did you?’)

Having to work so closely with the man who likely committed criminal election fraud to fool state election officials into printing Obama’s name on the 2008 ballot, Abercrombie so far has demonstrated he can adeptly straddle the line between accuser and defender.  For example, in an apparent attempt to mitigate against the penalties Mr. Schatz could incur as the result of future prosecution, Abercrombie hinted at demonic possession as a possible defense strategy, citing events may have been influenced by forces from the “dark side.”

Now, I know that other Birthers are also hypothesizing various ‘coincidence’ theories in the timing of what they would characterize is the Governor’s whitewash campaign, for example, possible links to events related to the 2012 election cycle.  But I find Abercrombie’s pronouncements make complete sense merely in relation to his assuming the new office.  Keep in mind, until now, he was only a U.S. Representative, whose sole legal responsibility viz-a-viz Obama’s election was to ratify the procedural vote of the Electors.  Now, as Governor, according to the state constitution, he “shall be responsible for the faithful execution of the laws.”  State laws, that is.  Including HRS  §11-113.  Could just be that he takes this job seriously.

And  there’s something else I suspect motivating his campaign to ‘come clean.’

In addition to being confronted with the real life consequences of that legal axiom, “the buck stops here,” I imagine the septuagenarian is motivated to “do the right thing” by a panic all too familiar to men and women of a certain age, that is, that a defining event, in this case, implication in criminal election fraud, will become his legacy.

After all, what could be worse for anyone who has dedicated a lifetime to public service, than having one’s legacy in the end be likened to that of, say, Clark Clifford, eternally remembered for his involvement in the international banking scandal known as BCCI?

P.S.  I will tell you what I do find coincidental.  The complaints of election fraud filed by citizens of HI against then Chairman Schatz were addressed to AG Mark Bennett.  One week before Abercrombie and Schatz were sworn in, Mr. Bennett, having spent 7 (seven) years in the office of the AG, announced he was leaving to enter private practice.  http://www.hawaiinewsnow.com/Global/story.asp?S=13584825


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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