Autorank/Scoop: The People’s House is now the Speaker’s House (XPOST)

[kster]

http://www.scoop.co.nz/stories/HL0608/S00372.htm

Democracy Denied: Meet the New Boss


Pre-Certification Swearing in by Hastert
Terminates All State Legal Authority Over Elections
The People’s House is now the Speaker’s House.



“If they can do that, they can do anything. Why even have an election?
They could just swear in whoever they want because the election need not be final.”
Paul Lehto, Attorney for Plaintiffs Aug. 25, 2006


Michael Collins
Scoop Independent News
Washington, DC
Parts 1 & 2 of this "Scoop" Exclusive

San Diego Superior Court Judge Yuri Hofmann rendered his decision in the election challenge in California’s 50th Congressional District. He dismissed the request for a recount and for discovery of the facts of the Busby-Bilbray election stating specifically that "Once the House asserts exclusive jurisdiction and selects a candidate, the court no longer has jurisdiction" (emphasis added). The judge argued that the June 13 swearing in alone was sufficient to establish Bilbray’s “election.” The event had the power to take away any and all citizen rights and immediately rescind authority over their own elections.

Requests for a recount resulting from major problems with the election were deemed insufficient and the rights of voters to due process were all cast aside in deference to Speaker Hastert or any future Speaker. The induction of Republican Bilbray was just seven days after the election and a full 17 days before the election was officially certified by the San Diego Registrar.


The plaintiffs lost their suit for an election contest and recount in this one congressional district. However, by bringing suit, they achieved an outcome that clearly proves the arguments expressed across the political spectrum from conservative legal scholar Bruce Fein to former Vice President Al Gore. In unambiguous terms, they and others decry the rapid descent of the United States into a state of tyranny which only affirms our long nightmare for democracy. Politicians can now manipulate, alter, and nullify elections if those politicians are the Speaker of the House or capable of influencing the Speaker. Arbitrary, centralized rule starts with the control of vote counting. It is now clear who controls vote counting and it is not the citizens of the United States of America. The People’s House is now the Speaker’s House.


Speaker Dennis Hastert swore in Republican Brian Bilbray even though there were requests for a recount and numerous public protests about the legitimacy of the outcome. According to the San Diego Registrar of Voters, as of June 15th, there were in fact still 2,500 votes to be counted. Evidence reportedly captured from the Registrar’s internet site indicates that on June 13, induction day, there were 12,500 votes uncounted. The San Diego Registrar did not officially certify this election until June 30th. Even when the election was certified, nearly 50% of the votes had not been assigned to the appropriate precincts.

The information on uncounted and misallocated ballots followed the discovery that the California Secretary of State’s office, headed by Republican Bruce McPherson, allegedly provided confirmation that Bilbray had in fact been “elected.”

Chamber Action (Digest) U.S. House of Representatives: Page H3798
Oath of Office--Fiftieth Congressional District of California: Representative-elect Brian P. Bilbray presented himself in the well of the House and was administered the Oath of Office by the Speaker. Earlier the Clerk of the House transmitted a facsimile copy of the unofficial returns of the Special Election held on June 6, 2006 from Ms. Susan Lapsley, Assistant Secretary of State for Elections, California Secretary of State Office, indicating that the Honorable Brian P. Bilbray was elected Representative in Congress for the Fiftieth Congressional District of California. (June 13, 2006)

If this official did in fact provide such confirmation, a key question must be answered. On what basis was an official stamp of approval given to the election by McPherson’s office since results were not made official until June 30? Does the California Secretary of State now have the ultimate power to deem elections final, regardless of the status of those elections? To be more precise, does the Secretary of State now have the power to override citizen protests, challenges and strongly expressed concerns for purely partisan benefit? McPherson is a Republican appointed to this office by the current Governor of California.

The special election generated immediate controversy when it was discovered that election officials had taken home voting machines for overnight stays. The supposed rationale or pretense for these maneuverings was to expedite the convenient delivery of the machines to precincts on election day.

Citizens were furious for a number of reasons. To begin with, these machines have documented security problems which render them vulnerable to hacking and thereby enable the possibility that “malicious code” can be introduced to alter vote counting. In addition, the voting machines were not supervised in these homes nor were they clearly signed in and out. Remarkably, some voting machines even failed to make it from poll worker homes to the precincts on election day.

This obvious breach of security rendered the election void, it was argued. In addition, plaintiffs pointed out that the vote counting was done in secret since the computerized vote tabulation is not open to serious inspection by citizens or even election officials. The innermost workings are controlled by computer code that by agreement cannot be reviewed by election officials or citizens. Thus, the ability to view vote counting was in no way available. This is a right preferred by 92% of voters according to a new Zogby Survey.

Yesterday, attorney Lehto took an optimistic stance when he commented on the role of the public in taking back control of their elections.

The shutdown of any possibility of a court based investigation of the CA50 race could not be in more stark contrast to the 92% support for election transparency in the Zogby poll. The contrast between the two sides now could not be clearer. The question of the moment is whether and to what extent the 92% can discover its own supermajority status, or to what extent they continue to be deceived, deluded and distracted by illusions of their own powerlessness.

By dismissing this case, the judge leaves a legacy which sets a precedent for the surrender of responsibility for free, fair, and clean elections at the state and local levels by deferring to the arbitrary decisions of any Speaker of the House of Representatives. Using the judge’s logic, even cases of verified miscounts or election fraud would have no weight once the Speaker invokes his or her customary power of induction.

“Tuesday, August 29, 2006 marks the day when every county in Californian lost the certain ability to monitor and manage elections. That function has been out-sourced to Washington, DC. It provides an unfortunate example for the rest of the country regarding the true conduct of elections and election law.

N.B. Court Decision and Attorney Paul Lehto comments on the decision ,
Collection of Filings and Documents on CA 50th District Challenge

Copyright: This material may be reproduce in part or whole with attribution to the author and a link to “Scoop” Independent News.


END


FROM: http://www.scoop.co.nz/stories/HL0608/S00372.htm

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2019721

[madrchsod]

1. pay back is a bitch.........

[Peace Patriot]

2. They weren't kidding when they said CA-50 was a "bellweather" election!

All the precedents and systems are now in place for Stolen Election III. Citizens and voters can challenge suspicious election numbers and illegal election practices, and can descry TRADE SECRET, PROPRIETARY programming, owned and controlled by Bushite corporations, throughout our election system, all they want to. It doesn't matter. The Bush toady who is "Speaker of the House" gets to "call" our elections--before all the votes are counted, before local and state officials have certified the results, before challenges to those results are settled, before recounts are finished.

They now have a perfect loop of Bushmonger power: From Bush's buds at Diebold and ES&S "counting" the votes under a veil of corporate secrecy, and sending those results at the speed of light to the corporate news monopolies who tout the Bushite "winner" on TV, to the fraud in Congress (who is himself beholden to Diebold and ES&S for his (s)election) who "swears" the Bushite "in" and then goes into court and says, this "swearing in" IS the election.

Look out this November! The gauntlet has been thrown. The issue is joined. Do we have to do a "Mexico" to get a fair election--or--best idea yet--do we FLOOD election officials with MOUNTAINS of paper Absentee Ballots to deal with, and create sufficient panic and crisis in the election theft industry to FORCE reform NOW--before '08?

SPEED is the villain here. The high-speed environment of electronics, where thousands of votes can be changed by one insider hacker leaving no trace; the speed of the reporting of those "results" from the highly insecure and hackable machines; and the speed that the five CEOs who control all "news" in this country insist upon, in broadcasting the unverifiable "results" to the public to prevent, ridicule, marginalize and black-hole all questions about the vote "counting"; then they beam the Bushite to the House and "swear him/her in" before election challengers can even get into court.

We've got to slow it down.

Bust the Machines--Vote Absentee this November!

[autorank]

14. "The gauntlet has been thrown. " How true that is.

If they were going to hold back, they'd have just waited until the 30th, when the Registrar certified. They didn't. Land Shark found some vital things Bilbray did from the 13th to the 30th like attend a hearing on some Non Government Orgnaizations and a few other things not of substance. He was not needed in the House, he was needed as "elected" and swearing in voided any recounts that might take place before the 30th (which didn't happen but the R's didn't know that, they were smart to do this).

Amazing, 2006 will be a real cluster ...., I'm afraid. We better all be there watching, demanding to watch, and the lawyers need some serious inservice training.

[tjl]

26. CA-50

First, this is troubling. Not good when elections are finalized this way. Also, there has to be a "paper trail" for ballets. I'm afraid that the potential for fraud is very real and very possible.
Next, "Stolen Election III" next? I'm not in Ohio, so I can't speak about that state, but I do live in Florida and you might not like to hear this, but the election was not "stolen." Every major paper I've seen, including the Orlando Sentinel, that recounted all the ballets in Florida said Bush won. Al Gore threw the election results into the courts and the first ruling went for Bush. It was appealed to the Florida Supreme Court and they overturned the ruling. It went to the US Supreme Court that then overturned the Florida Supreme Court. What was stolen? If we say the US Supreme Court stole it then Repubs will just say it just kept the Florida Supreme Court from stealing it. The bottom line though is Bush carried the state by votes. Live in the past if you want to, but that will not help come November.

[Wilms]

27. I don't live in FL so you might not like to read these.

http://www.consortiumnews.com/2001/111201a.html

http://www.sptimes.com/News/webspecials/lostvotes/


The bottom line is Bush didn't carry the state by votes cast. He 'won' (sic) by the votes that were allowed to be counted.

If you dig democracy, dig that.

Oh. And welcome to DU.

[tjl]

28. FL

Thanks for the welcome, glad to be here. Point noted, but still think we should be looking ahead to November, not back 6 years.

[kster]

29. Welcome to DU, and

GOOD LUCK..........

[kster]

30. So the court that wanted the

votes hand counted for ALL TO SEE was trying to steal the election, and the court that stopped the hand count for ALL TO SEE was trying to protect us from that court that wanted all the vote's to be hand counted for ALL TO SEE?

I'm confused.

Heres the way I see it, the SCOTUS had to, at all cost stop the votes from being hand counted in Florida in 2000, WHY? Because the hand count would have exposed the BULLSHIT machine count, then and there. So it HAD TO BE STOPPED! To protect the secret vote counting machine totals.

Example, Originally, Bush supposedly won by 534 with the (machine count), if they would have Hand counted them same votes Gore would have won, BIG TIME, and the whole secret vote counting game would hace been exposed THEN AND THERE.;

[mom cat]

3. Pravada has not yet seen this fit to print. JonBenet Ramsey is more

important than the theft of democracy. :grr:

[DWilliamsamh]

4. This is disgusting. I weep for our once great nation. The end is here.

[lisby]

5. Shape of things to come

Cue Hazel O'Connor's "Writing on the Wall."

This is just a warm-up for what's gonna happen in November.

:evilfrown:

L.

[IWantAChange]

6. AUTHORITARIANISM

can also be spelled G-O-P

[autorank]

15. So true!!!

"Voter Disenfranchisement, the Influence of Private Funding, and Secret Vote Counting Pave the Road to Tyranny." me;)

http://electionfraudnews.com/about.htm

[go west young man]

7. Why isn't this mainstream news and why isn't the DNC raising hell?

[sui generis]

8. and why isn't the democratic side of the house

raining hell on the state legislature? They need to be floating bills, building committees, advocating censure, and going on the Sunday news shows.

We get what we reap - and whatever we're doing so far is giving us this. If we want a different outcome, we are going to have to do something different than we have been doing.

[Peggy Day]

9. I called Boxer and Feinstein, but that's like preaching to the choir nt

[autorank]

16. You would think? Information Package on the Controversy and Trial

The story is already done, researched. The articles I wrote, the three below, all waive copyright other than attribution to the author and a link (if online). The information in the articles is fair game, they don't even have to attribute the public documents (like the swearing in, which is the key to the whole thing, that's in the House Digest. Amazing, they won't even gett off their behinds to do a "pre fab" story.

It's all together here. Parts 1-3 are my articles in "Scoop" relating to the
trial and the unfolding story of the disregard for voting rights and political
interference of the Speaker and the California Secretary of State's office. Part 4
is Bradblog, Brad Friedman's ongoing updates - newest to oldest. Great history.
Get the word out.

This is an outrage. They just toss aside an election whenever the Speaker feels
like swearing in a member. The swearing in was done when EVERYBODYknew that there
was a controversy. It's offensive to average people and an affront to our
democratic values.

1)
Congressional Election Nullified – Nobody Noticed
Speaker of the House Nullified
San Diego Congressional Race 08.25.06
http://www.scoop.co.nz/stories/HL0608/S00316.htm

2)
Election Nullification 2: Speaker's Special Source
Election Nullification II: Speaker of House had
Special Source for Election “Certification 08.28.06
http://www.scoop.co.nz/stories/HL0608/S00338.htm
3)
Democracy Denied: Meet the New Boss
Pre-Certification Swearing in by Hastert
Terminates All State Legal Authority Over Elections 08.31.06
http://www.scoop.co.nz/stories/HL0608/S00372.htm
4)
BradBlog Continual Update on Busby Bilbray
Plus History of Coverage
http://www.bradblog.com/?cat=2

[VP505]

10. One step closer

to martial Law and fascism, why have an election, just let Herr Hasert fill the seats as he see's fit, I think Der Fuhrer will be pleased!:sarcasm: :sarcasm: :sarcasm:

[trudyco]

11. Can you appeal? Or is this the end of the judicial line? -nt

[autorank]

17. Appeal is an option. They're deciding now, as we speak.

[diva77]

31. what are the pros and cons of appealing?

[Totally Committed]

12. This is positively outrageous, but it is why we Democrats

have GOT to stop conceding elections without recounts, if it is close or even in question. WE MUST STOP. I knew, as soon as I saw Hastert swear Bilbray in, it was over, and I'm not so sure he would have been that bold if Busby had not done "the nice thing" and just conceded.

Now that this decision has been handed down, it is practically carte blanche for them to quickly swear in every "winner" who does not challenge the election immediately.

Ugh... this makes me SICK!

TC

[JimDandy]

13. Multiply the problem by fifty!!!

Utah State's Constitution:

Article VI, Section 10. {Each house to be judge of election, and qualifications of its members -- Expulsion.}

Each house shall be the judge of the election and qualifications of its members, and may punish them for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member for cause.

If each state has a similar clause in their constitutions, we're looking at a problem of significantly greater magnitude.

[jslsingleton]

25. "Each house shall be the judge..." -- not the Speaker by himself.

If the House of Representatives as a body took no action on this matter, the Speaker had no authority on his own part to make such a declaration.

[rumpel]

18. autorank, great articles - all of them.

For days I have been now googling various word combinations inside the news whenever I have a moment -

the only ones reporting this is SD Union Tribune, Bradblog, OpEd and Scoop.
Media advisory went out -
some press was in fact there

We have to get someone to speak out on this - do they (MSM) not understand the implication of this for the entire nation? Or are they afraid....

[kpete]

19. worse than fear

The press understands - they do not have the will or the guts to speak out....

[WestMichRad]

20. OK, let me see here, what does this mean?

“If they can do that, they can do anything. Why even have an election?
They could just swear in whoever they want because the election need not be final.”
Paul Lehto, Attorney for Plaintiffs Aug. 25, 2006

Yup, okay then, the ruling party can just swear their chosen candidate into office as soon as the polls close, to hell with the outcome of the election, eh?

Let's just save the taxpayers some money and skip the elections!

[McCamy Taylor]

21. Why isnt the California Press up in arms over this? Have they no pride?

Dont they care if they have elected government or not?

Imagine this fall---McPherson certifies a handfull of Republicans in House elections whose wins are very suspicious. Their opponents investigate and find that there is evidence of E-vote shenanigans. The Dems take it to court. The RNC spends a lot of money, gets the feds involved, gets the cases bogged down, delayed until after the date for swearing in new House members. Hasturt swears in this handful of suspect GOPers despite the fact that their elections are being challenged--and suddenly the GOP controls the House for another two years. The Dems would have an up hill fight in federal court that would take a minimum of six months to a year just to get Calfornia its right to contest the elections back.

[nolabels]

22. This is the establishment attempt of stealing your access to democracy

The press had been neutered and folded in the establishment long ago. The time is drawing near for another revolution or we are already in one but can't see it because we are too close to the matters at hand. It starts from that little ember but always grows because it never runs into anything that is able to put it out. It's hard to put down because action of people never follow a linear path from the circumstance. Just like the lightning bolt, it's sure to touch ground but impossible to predict where. Pity the fools that don't understand how the process works.



On The Coming Revolution

September 17, 2005
By TygrBright

The spirits of Edgar Cayce, the Delphic Oracle, and Alvin Toffler have possessed me lately, and I am moved to prognosticate. It's hard not to let the light, ironic tone seep into my voice, but do not be fooled by this. I am dead serious, and I have a conviction that my perception is an accurate extrapolation of real future events — if no actions are taken deliberately to forestall or change those events.

And what I see is Revolution.

Robert Heinlein characterized revolution as "a freak, a mutant, a monstrosity, its conditions never to be repeated and its operations carried out by amateurs and individuals." A colorful way of saying that, like Tolstoy's unhappy families, each is unique. The coming revolution, therefore, won't look like the Boston Tea Party, or the rush to the barricades in 1789, or the storming of the Winter Palace in 1917. It won't even look like the labor unrest of the 1920s or the long, hot summers of the 1960s in America. I don't know what it will look like, exactly. But revolution, real revolution, is rarely pretty.

Me, I'd prefer to be a parlor Pink. I don't like violence, I don't like people thinking they know better (even when they do) and being willing to impose their 'knowing better' by any kind of force. I prefer the voice of sweet reason, enlightened self-interest, and simple, but all too rare, logic. But as every physician knows, there comes a point in the course of a malady where gentle, non-invasive methods can no longer suffice, and the choice is between radical therapies or letting the patient die.
(snip)
http://www.democraticunderground.com/articles/05/09/17_revolution.html

[mkb]

23. Maintain Stability In Facing Negative News

     Fear should be included on the list of negative E motions
that should be controlled, to avoid harmful mistakes.
     Don't let it "move" you to do something that
will cause harm to yourself and others you care about.
     The problems we face are real indeed, but there is a
psychological aspect to these problems as well.  Maintaining
consistency and stability I believe is the most important
thing to focus on here.  I'm fairly confident in saying that
most of the people that read this won't have much direct
influence on stopping rigged voting machines.  Trying to
"get involved" trying to stop this from happening is
likely an erroneous decision.
     Working steadily and consistently at what you think
you're level of understanding and ability is should I think be
the best choice to make for most of us.  Some of these news
items have the ability to "draw" people's attention
from their tasks, and expose their identity to authorities who
want to know who opposes them.
     Many people will likely be involved in various methods of
"educating" people about these issues, but actually
resolving them, keeping in mind our solidarity for the long
term, requires disciplined behavior.  Our teamwork depends
upon individuals understanding their role, and I think many
can comprehend the long term emphasis that I think we have,
that I think makes restraint a very important factor in our
decisions.  I would also like to remind EVERYONE working on
improving things that the idea that your good actions are
canceled by others' bad actions should be rejected if
possible.  Your work DOES help, and your happiness for the
present enhanced by successful effort.  I think it also worth
remembering that much of the good we do is hidden from being
known and for use in the future.  Metaphorically speaking like
storing away food.  Any happiness you can have for yourself or
others, and for future people and things, is in my opinion
made possible by conscious and conscientious effort.  This
thought can keep you from getting discouraged.  Keep on hoping
for the best.

[truedelphi]

24. Beyond anger, I am too oftenthese days numb

Yet I try to keep conscious of all the good being done, AutoRank's work, the two or three voter activist groups in Marin County, CA with weekly meetings and the creating of a Citizens' Advisory Committee on Voting that the Registrar of Voters (ROV) had to go along with

Hearing today by posting from Kip Humphrey that Dorothy Fadiman's film is out also made my heart soar.