THERE COULD BE a LOGICAL EXPLANATION

June 29, 2011

© 2011 jbjd

Not every procedural inconsistency that occurred between the 2008 election cycle and previous elections, is definitive evidence of fraud, let alone proof that such fraud occurred.

I received this comment today from HawaiiSurfer, bemoaning the fact that HI Lt. Gov. Brian Schatz (D), formerly Chair of the HI Democratic Party in 2008; has gotten away with election fraud in relation to the wording of the 2008 D Certification of Obama’s Nomination.  But, HawaiiSurfer got it wrong; and those of you who regularly read my blog know s/he got it wrong.  Here’s that comment, in its entirety.

Brian Schatz should not be allowed to waltz scot-free on his signature and wording on the 27 August 2008 memo in question.  Our country has gone down a road where our children look up and wonder if anyone in leadership has integrity.  Few leaders have touched an honest approach to the shadowy skullduggery surrounding the 2008 election…And the world is just suppose to be okay with it.  Someone needs to call Brian out publicly for signing this form and the wording he knew was in it.  As now our Lt Governor in Hawaii, Brian needs to come clean on why he approved and authorized this release.  Where has the ethical conscience and compass of our government gone?  Forget what the media calls the birth issue, this has to do with why Brian validated for our state the national democratic presidential candidate while “clearly omitting” the authentication that the candidate was Constitutionally qualified.  In stark contrast, two predecessors from Brian’s party, Brikwood Galuteria and Alfred Lardizabul, did the right thing by clearly certifying John Kerry in 2004 and Al Gore in 2000 as Constitutionally qualified candidates.  If we went back further in time, we’d probably find Brian’s actions as Democratic Party Chair here are in clear contrast to far more than just documentation of the last few presidential elections.  Brian most likely is not to fault in everything related to this.  Many hands across our nation appear to have been deep in the cookie jar.  The democratic party was fed a bad deal with what is most likely one of the biggest frauds in American history.  Good people should have stopped it.  Brian Schatz seems like a wonderful person.  I’m sure Brian has done many great things for our communities and state, but that does not excuse any elected or appointed leader from actions of this weight and consequence.

Brian Schatz signs official campaign document showing missing statement that presidential candidate was Constitutionally qualified.
(link omitted by jbjd)

Our children and neighbors deserve much better.  Our country dies when we let go of our conscience.  Unfortunately, Brian may end up like Blago.  Behind bars.

I began responding to this comment when I realized, I had written all of this before. After a brief search I found BACK UP, BIRTHERS! which contained a well-developed explanation of the inconsistencies related to the 2008 HI Certification, none of which lends itself to a presumption of fraud, certainly not on a state level.

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(beginning of excerpt)

Not understanding my work or the context of these Certifications, she, too, invented a cottage conspiracy industry related to the mistaken uniqueness of the HI Certification of Nomination, with a twist.  See, she uses the fact the DNC Certification of Nomination contains the line that Obama is Constitutionally eligible for the job; to support her argument, the HI D Party refused to put that line in their state Certification because they knew Obama is not a NBC.  How does she know this?  Well, she retrieved both the DNC and the HI D Party Certifications for 2000, 2004, and 2008.  In 2000, the DNC document began without the eligibility line, which was obviously typed in after the original document was completed.  The HDP document in 2000 contained the same eligibility line.  In 2004, the DNC document did not contain the eligibility line; the HDP document did.  In 2008, the DNC document did; the HDP document did not.

butterdezillion points out all of the variables were the same – the election law was the same, Brian Schatz was the HI D Party Chair; and Joseph Sandler was the General Counsel to the DNC – and argues, on this basis, one would expect that the Certifications would have been processed in the same manner.  Since they were not, she concludes, Mr. Schatz “refused” to swear to Obama’s Constitutional eligibility for President because he knew the man was not a NBC.

Only, she is wrong.  For one thing, all of the material variables were not the same.  But that fact has not stopped the ‘usual suspects’ from piggy-backing on her mistakes.  Even worse, her work now specifically contains a reference to research done by “jbjd,” thus arguably giving the false impression, again, my work is the basis for her soon-to-be-exposed-as-discredited findings.

Basically, here is her argument.  Looking at the dates of these Certifications, she found, in 2000, the DNC Certification was dated 08.17.00; HDP 09.08.00.  In 2004, DNC 07.29.04; HDP 08.31.2004.  In 2008, DNC 08.28.08; HDP 08.27.08.  Following is her invented rationale as to what happened in 2008:

So instead of acting independently a month after the National Convention and confirming Constitutional eligibility as in the past, the HDP acted before the Convention to take out the eligibility language from their standard certificate, signed it, and gave it to Joe Sandler before Pelosi had signed anything – signaling to the DNC that they were not going to certify eligibility. They coordinated their efforts with Joe Sandler, who sent both documents together to the HI Elections Office. Apparently Sandler, Pelosi, and Germond all knew that Hawaii’s special certification was necessary because the HDP refused to certify Obama’s eligibility.

Let me just point out one of butterdezillion’s most glaring mistaken presumptions.  Joseph Sandler did not submit both the DNC and the HDP documents “together” to the HI Elections Office.   (This probably explains why his cover letter only references the DNC Certification and not the HDP Certification, and why he uses the word “Certification,” in the singular.)  And how do I know this?  Because way back in January 2009, I asked the HI Election Office.  That is, I asked Justin Riggs to ask them.

See, in December 2008 I learned that Justin Riggs had been corresponding with elections officials in various states asking them to provide the paperwork submitted by the D and R parties to get their respective Presidential nominees on the general election ballot.  Justin posted his paperwork.  I looked at the HI documents – these are now posted on my web site, along with Justin’s correspondence – and had questions.  So, I asked Justin to ask HI election officials, since he had already established a rapport. Especially I was interested in learning when they had received these Certification documents.  Because among those documents I got from him were just the DNC Certification; the HDP Certification; and the HDP cover letter.  Joseph Sandler’s cover letter was missing.  And as you can see from the documents posted on butterdezillion, his cover letter is the only one with a ‘date received’ stamp.

(Actually, the 2008 documents butterdezillion posted on her blog in September 2010 are linked to this blog, http://moniquemonicat.files.wordpress.com/2008/12/hawaii-response.pdf, where they were first posted almost 2 (two) years ago.  The date, January 06, 2009 01:17p in the upper left corner, designates a FAX transmission.)

Mr. Sandler’s cover letter, dated August 28, was stamped received by the HI Elections Office on September 03.  And that cover letter was the only one of those DNC/HDP Certification documents received by the HI Election Commission for Obama that received a Date Stamp.  Consequently, as the documents I received from Justin did not contain Mr. Sandler’s cover letter, none of his documents had a stamp evidencing it had even been received by the HI Elections Office!  But obviously, the documents were received, as election officials did print Obama’s name on HI’s general election ballot.  (The date these documents were received didn’t matter, for the same reason, that is, I knew they had been received in time.)  Just to satisfy my curiosity, I asked Justin to ask officials how they received these DNC and HDP documents.  Here is his reply to me.

jbjd,
Here you go… it looks like the HI Democratic party forwarded both documents to the Elections Office.
Hope that helps. Keep me posted on your progress.
Justin—
From: Carolyn.L.Roldan@hawaii.gov <Carolyn.L.Roldan@hawaii.gov>
Subject: Re: Response to December 12, 2008 Request
To: “Justin Riggs” <juriggs@.xxxxx.com>
Date: Friday, March 6, 2009, 1:44 PM
Dear Mr. Riggs,
Both documents were forwarded by the Democratic Party of Hawaii.

Sincerely,

Kevin B. Cronin

Now that I see Mr. Sandler’s cover letter, Mr. Cronin’s answer makes even more sense.  That is, between his use of the singular “Certification”; and the delay between the date his letter was written and the date this was received by the HI Election Office’ it would make sense that the DNC gave the documents to the HDP who then forwarded these to the HI Elections Office.

When butterdezillion wrote her ‘seminal’ Certification article on September 10, 2010, she knew none of this.  Thus, based on her faulty assumptions about how the DNC and HDP letters of Certification reached the HI Election Office, she asks, “The question that begs an answer is: Why did the Hawaii Democratic Party refuse to certify Obama’s eligibility as they had always done to successfully place presidential candidates on the ballots before?”  And answered it with that contrived story.

A more plausible answer as to why the HDP did not add the line about Constitutional eligibility in 2008 like they had in 2004 and 2000 likely could come from anyone reading the work produced on my blog.  Here’s a hint:  what information highlighted in COUP (2 of 3) and (3 of 3) led to my conclusion, Obama and the DNC had identified which Clinton pledged delegates were from vote binding states?  Yep; it’s those state Delegate Selection Plans.  As I told you, provisions in the DNC Model Delegate Selection Plan for 2006 required, in order to obtain final approval from the RBC for state delegate selection plans for use in the 2008 election cycle, state parties were required to submit those plans to the RBC accompanied by all state statutes reasonably related to the delegate selection process. (Emphasis added by jbjd.) http://s3.amazonaws.com/apache.3cdn.net/e824f455b24c7782dc_jjm6ib44l.pdf In this way, the DNC could monitor any idiosyncratic requirements in individual states so as to ensure Obama’s name would qualify to get onto every general election ballot.

I assumed this provision was not included in the 2002 DNC model delegate selection rules to be used in the 2004 election, and that’s why the HI state party (and, presumably, state parties in other states) handled their special Certifications on their own.  Finally, I had time to check my hypothesis; and I was right.

View this document on Scribd

In other words, where changes would be required in the language of the Certification of Nomination to satisfy the law of individual states, in 2006, the DNC began assuming responsibility for all such changes.

And that would explain why in 2008 the HDP did not certify Obama’s Constitutional eligibility for office but the DNC did.

(end of excerpt)

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If your bona fide concern is shoring up the electoral process then, please, stop wasting time on ferreting out fraud and conspiracy where 1) none exists; and 2) this won’t make a difference to ensuring the next President is a NBC, anyway. And, do all of us a favor.  Stop buying into anything coming out of the hyperbolic factually vacuous blogs the links to which I continue to edit out on my blog!  Especially steer clear of any of those blogs which feature the people who have stolen and then, misrepresented the point of my work.  I wonder whether after yet another episode of emotional investment in a gambit which not only has no basis in fact but also was dispelled long ago on this blog; people will have become sufficiently angry to stop crediting another word from their ‘poison pens,’ anyway.


SEEING ALL RED

October 3, 2010

(UPDATE 10.04.10:  In addition to the video of FOX News Commentator Attorney Greta van Susteren interviewing Attorney Gloria Allred on Friday; I have now posted a video of FOX News Commentator Attorney Megyn Kelly interviewing Ms. Allred this afternoon.)

Attorney Gloria Allred has once again demonstrated her only true color is Blue. Democrat Blue. How else to explain why she is sacrificing what is left of her professional reputation to champion an undocumented immigrant who falsified documents to work here illegally; inspired by what appears to be nothing more than a ‘Hail Mary’ attempt by Ms. Allred to hijack the CA gubernatorial election from Meg Whitman (R) and throw it to AG Gerry Brown (D).

As Yogi Berra would say, “It’s deja vu all over again.”

FOX News commentator Attorney Greta van Susteren adeptly dissembled Ms. Allred’s specious legal claims to the high ground in this charade.

I have no formal background or training in either Immigration Law or Social Security Law. So, my first step was to go to the SSA web site and read their overview on the “No-Match Letters Process.” Now, I have to say, it would appear, Ms. Allred did not.

http://www.ssa.gov/legislation/nomatch2.htm

According to this SSA “overview,” when information held by the IRS (W-2) and the SSA don’t match; the SSA sends a “no-match” letter. But it only sends a no-match letter to an employer of a single employee; when that employee has failed to provide an alternative address to send the letter to her.

In July 2010, the SSA advised an employee whose employer had received a no-match letter.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1127/~/what-to-do-when-a-no-match-letter-is-received.

In short, the SSA explains to the worker, “To help ensure the accuracy of your earnings information, we send employer no-match letters to enlist employer’s assistance in correcting our records to ensure that you receive credit for all of your work when you apply for benefits.” SSA is not USCIS (U.S. Citizenship and Immigration Service). It is not an enforcement agency. It only keeps track of the money workers put into SSA, so that it can pay this out on retirement.

Real immigration lawyers agree, the Whitmans have done nothing wrong, too. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/09/30/MN931FME32.DTL

FOX News commentator Attorney Megyn Kelly interviewed Ms. Allred this morning.  Attorney Kelly augmented the legal support for the Whitmans’ position, citing opinions from immigration law practitioners more accustomed to taking the side of the wronged undocumented worker, while Ms. Allred insisted her ‘plain’ reading of the text of the SSA’s No-Match letter trumps all other legal interpretations.

So, where did Ms. Allred get the idea that just receiving the letter put the Whitmans on notice, their maid was undocumented?

Well, her faulty presumption that the no-match letter received at the Whitman address in 2003 constituted effective notice their worker could be undocumented might have been mistakenly based on the fact, under certain circumstances, rules ‘codified’ by the Department of Homeland Security rules in 2007 created this presumption. But since the letter received at the Whitman address is dated 2003, this would appear to support Greta’s argument that even if Mr. Whitman had seen the SSA letter, this did not give him effective legal notice, his maid was undocumented. Indeed, the answer provided by the SSA in 2010 to the worker who, like Ms. Whitman’s former maid, had been given the no-match letter that was delivered to her employer, confirms there is no presumption of undocumented status but rather just a suggestion, she needed to be more careful in submitting her documentation.

But we have seen in the recent past, Ms. Allred has a habit of launching a public legal ‘battle’ without adequate grounding in the law. At the 2008 DNC Services Corporation Presidential Nominating Convention. (A COUP, THROUGH and THROUGH (3 of 3).) She admits, she arrived at the convention unaware that as a Clinton pledged delegate from CA, she was bound to vote for Clinton at the convention. Then, delegates received the packets that included my work on vote binding states. And her fellow Clinton delegates asked her to research the law.

But once she ‘got’ that these Clinton pledged delegates from CA, a vote binding state, were being denied their rights under the law, what did she do? Here’s how I summed up her conduct in a comment posted the other day on the LA Times.

Gloria Allred shills for the D Party. Period. She has established in the past, when the conduct at issue is arguably unlawful, she will align herself with the party – alleged victim or perpetrator – who is less likely to harm the Party. Even if this means, biting the bullet, herself, such as was the case with the D Party during the 2008 primary campaign, when Obama’s minions violated CA’s vote binding laws by harassing Clinton pledged delegates to switch to Obama BEFORE the nominating convention. They perpetrated such illegal conduct in all vote binding states. In GA, AG Baker (D) received complaints from citizens there, Obama was breaking the law. But evidencing his loyalty to the law and not the Party, AG Baker reminded pledged delegates they were bound by GA law to stick to the candidate voters elected them to represent, when they got to the convention. Ms. Allred appears to have been unaware she was similarly bound in CA until she arrived in Denver. There, she announced to the press that at the request of fellow Clinton pledged delegates from that state, she had researched the law and determined they were bound to vote for Clinton. She complained convention organizers were stifling her from informing these delegates, they had to carry out their legal obligations.

But did she complain to AG Brown the Party was violating the laws in that state? Did his office investigate and then punish the wrongdoers? Obviously not because 1) there has been no word of this in the press; and 2) I watched Ms. Allred on FOX News recently complaining again that she was ‘gagged’ at the convention from discussing this issue but not revealing that she had filed a complaint with AG Brown. On the contrary, she falsely claimed, the DNC “Call” (their rulebook) even instructs pledged delegates to vote for the candidate they were elected to represent. So she didn’t understand why she was prevented from dispensing such legal advice, too.

Only, DNC rules say no such thing. That’s why most Clinton pledged delegates from vote binding states didn’t even know about these state-specific laws until they reached the convention and received the news from volunteers handing out flyers.
A COUP, THROUGH and THROUGH (1, 2, 3, and EPILOGUE)

Posted by: jbjd | September 30, 2010 at 03:39 PM

Just in case at this late date, Ms. Allred wants to rehabilitate her tarnished reputation by establishing she really is an equal opportunity legal advocate, she is welcome to use the letter I drafted 2 years ago now for concerned citizens of CA, complaining to AG Brown, Obama’s people were breaking the law.

August 22, 2008

Edmund G. Brown, Jr., Attorney General

Attorney General’s Office

Department of Justice

1300 I St. Suite 1740
Sacramento, CA 95814

VIA FAX: 916.323.5341


SUBJECT: Solicitation to Violate CA Elections Code, Selection of Delegates and Alternates (Democratic Presidential Primary) §6201(e): The California primary election is a “binding” primary.

Dear Attorney General Brown:

Here in California, obeying the above-cited law means that pledged delegates selected as the result of votes cast for Senator Clinton in the Presidential primary election must vote for her during first-round balloting at the nominating convention of the Democratic Party. But in what can at best be interpreted as an overzealous advocacy on behalf of Senator Obama, in states throughout the country, including California, proponents for his nomination have bombarded Senator Clinton’s delegates with subtle and not-so-subtle pressures to commit to switching support to him, before the convention. Or, failing that, they replace the Clinton-pledged delegate with one loyal to Obama. See examples below. Note that while the first link shows the copy of a letter Senator Obama’s campaign sent to pledged delegates in Georgia, they distributed this same letter to delegates in all states. And Georgia, like California, mandates pledged delegates to follow their candidates into the convention.)

Therefore, in California (and Georgia, and New Hampshire, and Indiana, and numerous other states), encouraging delegates entrusted with representing the political preference of Clinton voters to pledge their support before the convention to Obama solicits these delegates to break the law. As a concerned citizen of California, I am bringing this matter to your immediate attention, anticipating you will take appropriate action to ensure that from now on, any campaigning in this state related to the upcoming Democratic National Convention is consistent with California laws.

Sincerely,

References: “Bearing Witness” (posting of letter from Khalil Thompson, Obama for America, Chicago) http://heidilipotpourri.blogspot.com/2008/08/bearing-witness.html

Clinton supporters protesting removal of delegate at Democratic National Convention http://www.whas11.com/news/local/stories/WHAS11_POLITICS_080814_CLINTONOBAMA.486a4d97.html

“Explain, Dems tell Clinton delegate” (article on state party efforts to discipline Colorado delegate for Clinton for refusing to switch to Obama)

http://www.denverpost.com/search/ci_10170139

Copy: Debra Bowen, Secretary of State

VIA FAX: 916.653.4795

Senator Art Torres, (Ret.), Chairman, California Democratic Party

chairman@cadem.org

NOTE TO ATTORNEY ALLRED: I wrote this letter on August 22, 2008. Before you charge into AG Brown’s office to ensure his office has intervened to enforce CA’s vote binding laws, don’t forget to update this letter to include your first-hand account of the lawlessness that occurred beginning on August 25 at the convention. And do report back as soon as possible on any developments. Naturally, citizens of CA would not want a man to be their Governor who refused to enforce their laws as Attorney General!


A COUP, THROUGH and THROUGH (3 of 4)

September 6, 2010

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

© 2010 jbjd

A COUP, THROUGH and THROUGH (3 of 4) is the third installment in the 4-part series describing the fraud pulled off at the 2008 DNC Services Corporation Presidential Nominating Convention in order to ensure Barack Obama would receive the nomination so that his name would appear next to the D on the general election ballot.  The groundwork for the present article, “The Coup at the Convention,” was laid in the first 2 (two) installments, A COUP, THROUGH and THROUGH (1 of 4); and A COUP, THROUGH and THROUGH (2 of 4).  Trust me, if you understand what got us here, to the convention, then you are now at the same jumping off point as those people who were determined to steal the nomination.  Yep; just like you, from here on in, they were winging it, too.  Because something they hadn’t anticipated happened at the start of the convention which could have derailed their best laid plans to obtain the nomination.  Indeed, as I wasn’t there, it is only in retrospect I can explain to you what I later realized is about to go down, notwithstanding as it turns out, I was responsible for what happened next.

The Coup at the Convention

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Get it?

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

Their response?  Total confusion.

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

Finally, a Roll Call Vote

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

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

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

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

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

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

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

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

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

Convention roll-call plans set for tonight

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

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

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

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

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

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

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

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

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

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

Or Article Nine, Section 12 of the Charter:

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

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

This drivel points to why I said in COUP (2 of 4), it’s useless trying to reinstate order to the Democrat’s Presidential nominating process by falling back on the rules, regulations, and Charter of the Democratic Party.

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

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

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

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

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

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

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

But didn’t I say, in COUP (1 of 4), Obama’s agents would have known which states had vote binding laws before they twisted the arms of Clinton delegates in those states since the state delegate selection Plan sent to the RBC for approval had to include details of any state laws respecting the conduct at the convention of pledged delegates from that state? Yep; that’s what I said.  So now you’re probably thinking, ‘well, jbjd, if Obama’s people knew about the laws in those states by looking at those delegate selection Plans then, wouldn’t any delegates seeking guidance as to their conduct at the convention by examining the state Plan, be able to read about the state’s vote binding status, too?’  Nope.  Know why?  Because there was nothing in those state Plans about vote binding laws. And now you are probably shaking your heads.  Why did I say the Plans submitted to the RBC explain how Obama’s people knew in advance which states had vote binding laws if the Plans contain no information about vote binding laws!

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

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

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

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

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

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

“Good conscience.”  But nothing about the law!

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

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

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

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

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

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

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

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

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

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

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

In the summer of 2008, I was only one of hundreds of citizen activists who became immersed in the machinations of the Presidential nominating process of the Democratic Party.  As I previously explained, one of my contributions was to ‘discover’ and then publicize the existence of those 13 vote binding states.  As I wrote in A COUP, THROUGH and THROUGH (2 of 4), my work did not immediately ignite the endorsement of people who could have spearheaded a massive public education campaign in advance of the convention.  GA was the one state in which I and my team of Georgians were able to get out a concerted campaign to alert both Clinton pledged delegates and AG Baker, Obama’s agents were breaking the law.  And, as a result, AG Baker reminded delegates in that state, “pledged” means pledged. Id. Eventually, in the days immediately preceding the convention, my work on vote binding states did attract the attention of members of the party who, previously unaware these laws existed, saw the strategic value of the work to support the Clinton campaign.  Id.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Recall what I wrote in A COUP, THROUGH and THROUGH (1 of 4):

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

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

From OpenSecrets:

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

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

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

From Dr. Lynette Long, in NoQuarter:

“Bought and Paid For! By Nancy Pelosi”

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

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

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

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

Conclusion

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

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

EPILOG

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

A COUP, THROUGH and THROUGH (1 of 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)


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