Breaking: The Busby/Bilbray Cong. Race Decided In DC, not in San Diego!!

[Land Shark]

<http://www.bradblog.com/?p=3325>

The Defendants' Motion to Dismiss in this Election Contest argues that the Court is without jurisdiction to assess the question of whether the election was proper, because Brian Bilbray is now a member of the House of Representatives. To get there, he was sworn in only 7 days after the June 6 election, after being jetted out to Washington DC for that purpose. The swift swearing took place at least 16 days prior to the certification of the election on or about June 29.

the problem is, if this swift swearing is to be given effect as the Defendant Brian Bilbray and Registrar Haas argue, then the "exclusive jurisdiction" of the House of Representatives also deprived Registrar of Voters Haas of any jurisdiction to certify results in the first place!

Thus, we have an incomplete invalid election. The parties to the election contest all agree, they just get there in different ways. The motion to dismiss / argument against jurisdiction of the defendants reveals the powerplay that occurred on June 13th, with the premature swearing in.

Shades of 2000, with a selection decided in Washington DC, and the pitiful States and their citizens ordered to pipe down and "get used to it"?

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Also, a procedural update to Friday's hearing at 1:30 pm PST is here:

<http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x446966>
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Your help is needed in spreading word to the press. Actual briefs are linked at bradblog above.

[Richard Steele]

1. A few years ago, I would never have believed the USA would ever...

...stand idly by while such brazen banana-republic shenanigans
went on right in front of them.

I mean, the crooks aren't even TRYING to keep their lawbreaking
a secret anymore. They just do what they want, and can't be bothered
to waste time making up a good excuse for it.

They aren't just "playing politics"; this is well past that
and into the realm of "Organized Crime".

"E Pluribus Unum" has been replaced by "You got a Problem With That, Pal?"

[Land Shark]

3. Quite literally the House says "ELECTION? *We'll* be the judge of THAT!!"

[Land Shark]

13. Here's the bottom line, as quoted by kpete

Thanks to kpete for getting me to focus on my own focus (this is quoting me/my own thread)

It thus appears now based on the signed pleadings of the defendants that the US media overlooked one of the great political stories of the year: A power grab by the Speaker of the House to terminate any action in San Diego County except those actions that they choose not to attack the jurisdiction of.

It takes two steps to get there:

STEP ONE: REP. REPRESENTATIVE BILBRAY sworn in only 7 days after June 6 election, and 16-17 days prior to election certification.

STEP TWO: DEFENDANT BILBRAY AND REGISTRAR OF VOTERS MIKEL HAAS ARGUE that under Art. I, sec. 5 of the US Constitution the House is the sole judge of the qualification of its members, and has exclusive jurisdiction over any and all questions concerning the same.

Step Two happened only three days ago, and was responded to via briefing Thursday August 24. Step Two makes clear that according to the defendants, anything that happened after they chose to swear in Bilbray 7 days after the election was void and without force or effect, but THAT NECESSARILY INCLUDES CERTIFICATION OF THE ELECTION RESULT, TOO.

Therefore the election never became final. The Speaker of the House apparently decided he had seen enough of this election counting business (they were still counting provisionals and so forth) and terminated the jurisdiction of san Diego county to have and hold elections by prematurely swearing in Bilbray. Or, so they claim.

The Question is: Are there any limits to this congressional power to terminate elections? Are courts powerless to protect us from the lords of the House of Representatives who know better than our election processes?

[bleever]

21. "Sure I stole that donut, but since I ate it, it's legally mine now."

Good luck, Land Shark. Teach those donut thieves a lesson about the law.

:yourock:

[EFerrari]

23. LOL! The Donut Defense.

:yourock:

[bleever]

24. Hey you,

What's your new sig line refer to?

:hi:

[EFerrari]

25. It's the Wellstone School Song -- sung at the very end of Wellstone!

A well known camp song with new lyrics -- I'll see if I can find an audio file.

* * *

School renamed for Paul and Sheila Wellstone

The first school in Minnesota to be named after the late U.S. Sen. Paul Wellstone and his wife, Sheila, held a renaming celebration Sept. 5 at Paul and Sheila Wellstone Elementary School, 65 E. Kellogg Blvd., St. Paul.

The school's 450 K-6 students donned green and white T-shirts for the event and were joined by the Wellstones' sons, Mark and David, as well as Education Minnesota President Judy Schaubach and other Education Minnesota leaders; Superintendent Patricia Harvey, St. Paul Mayor Randy Kelly, and representatives from Minnesota's congressional and senate delegations.

The event included students singing and reciting Paul Wellstone quotes, the creation of a time capsule with items contributed by honored guests, remarks from Mark and David Wellstone, and the first performance of the new Paul and Sheila Wellstone Elementary School Song.

http://www.educationminnesota.org/index.cfm?page_id=8384

[EFerrari]

26. Link to film homepage:

http://www.carryitforward.org/production.htm

[Old and In the Way]

2. How can a swearing in take place before certification?

What a joke Republicans are making of our electoral process....yeah, the "State's Rights" Party. Another principle shitcanned by the Syndicate.

[Land Shark]

4. two answers to that question

(1) it can't
(2) Ya raise your right hand, and you repeat after me....

Think of it this way, people can perform ANY illegal act, up to and including murder, until the legal system gets involved (starting with the cops, if it's criminal). As an aside, because this is true, if in a civil case the cost of getting to court is too high as it usually is, then civilly people can do anything, and there never is a court intervention. Bad guys learn this earlier than the good guys.

[vanboggie]

5. K&R n/t

:kick:

[EFerrari]

6. Can't read brad's site this late. Back in the a.m. K&R

:kick:

/can't type either. lol

[autorank]

7. Here are the Documents (letter from Ney Comm & Filing).

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x1980046

Also watch for an article by Michael Collins tomorrow morning and check

www.ElectionFraudNews.com for the latest documents

Good luck Paul, may Lady Justice be with you:

Lady Justice

Lady Justice is a blend of Themis and Iustitia. The blindfold with which Justice is now associated probably started in the 16th century. In some of the Washington D.C. statues, Justice holds scales, blindfolds, and swords. In one representation she is fighting evil with her gaze, although her sword is still sheathed.

[stellanoir]

8. Sleaze Alert !!!

on beyond power grab. These assholes have no sensibilities whatsoever.

Let's go get 'em over time perhaps.

[fooj]

9. How is this "Breaking"?

We knew that he was BS "SWORN" in before certification the day that it happened. Is the purpose to spread the word now? If that is the case...I'm on it.

http://www.bradblog.com/?p=2956

[Land Shark]

11. Until the JURISDICTIONAL ARGUMENT was made just a couple

days ago, the early swearing in wasn't quite the same: AFTER they argue that the court is powerless to review or protect san Diego voters because the House of Reps is the sole judge of the qualifications of its members, it is at that point (just a couple days ago) that the nature of the rushed swearing in comes into stark relief.

[kpete]

10. I just woke up to read this - WOW!

It thus appears now based on the signed pleadings of the defendants that the US media overlooked one of the great political stories of the year: A power grab by the Speaker of the House to terminate any action in San Diego County except those actions that they choose not to attack the jurisdiction of.

How can we get this message out - what can we do to help Landshark?

[cascadiance]

16. I just put a post on the Union Trib message board to "cause trouble"...

Maybe it will help it get more local visibility here!

http://forum.signonsandiego.com/upload/showthread.php?p=2173384#post2173384

[EFerrari]

17. I'm sending this to a reporter at the SF Chron and to our Bay

Guardian -- them, I'll try to call instead.

Who else?

:kick:

[Land Shark]

20. you can even hit the progressive media, air america, etc.

[EFerrari]

22. Did. Break a lip, my friend.

:kick:

[lonestarnot]

12. I guess repugs only care about the Registrar of Voters when they

are doing services like Blackwell and Harris. Scumbags!

[lonestarnot]

14. Bradblog is a personal hero of mine! Thanks for sharing!

I LOVE BRADBLOG FOR KEEPING US INFORMED ON THIS!

[leesa]

15. Is that San Diego Union-Trib writer who won Pulitzer for Cunningham

expose willing to rip this apart? I don't know the name off the top of my head and don't have time to look. At any rate it would give it the local exposure needed to get rid of the criminal Bilbray

[EFerrari]

28. leeza -- the SD UT is not our friend. Not at all. Because I work

the ER Daily News Thread, I've seen them publish article after article of non-news ("the election went off without a hitch!") and then discount our concerns ACTIVELY ("what is all the fuss about?").

They're dirty, just like my paper is, imho. :shrug:

We need RADIO.

[DemReadingDU]

18. K&R for Land Shark!

wow, is this America?

[grizmaster]

19. Swearing them in before the election????

and we thought the SCOTUS throwing out the votes and selecting the chimp was "innovative". Scary to think what the next undemocratic bit of shenanigans will be.

[Uncle Joe]

27. Thanks for posting Land Shark

Kicked and recommended

:kick:

[loudsue]

29. And WHAT, pray tell, are the DEMS in congress doing about it?

This is such a republican fiasco...yet again.

They don't WANT no steeeenkin' elections. They just want their boys in office, no matter WHAT they have to do to get them there.

:argh: I'm SOOOO frikkin' sick of their mess.

And this is just another preview of what 2006 and 2008 are going to be all about.

:kick::kick::kick:

[lonestarnot]

30. kick!

[lonestarnot]

31. kick

[annabanana]

32. Dear Rep. Hastert.

I think it is illegal to swear in someone who hasn't been elected. I'm afraid you might get in trouble. I think you should go to San Diego and find out for sure who won the election.

[Kurovski]

33. K&R,(nt)

[JimDandy]

34. K & R n/t