Friday, August 25, 2006
How they "arranged" a
Californian election
Note: Michael Collins has allowed reproduction of the
following piece, as long as I give a link to Scoop Independent Media. Which I've just now
done. Everything below the asterisks comes from Collins:
* * *
It appears the US media overlooked one of the great
political stories of the year. In what is becoming something of a pattern,
here’s a brief chronology:
On June 6, 2006 Republican Brian Bilbray
allegedly slightly outpolled Democrat Francine Busby in the special election for
California’s 50th Congressional District, despite Busby’s lead in the polls
going into the election. There were immediate cries of foul following the
election due to major irregularities, including electronic voting machines sent
out to the homes and cars of volunteers for up to 12 days prior to the election,
and irregular election results like huge mega-precincts of absentee ballots
where turnout was thousands of percent more than registered voters.
On
June 13, 2006, Bilbray flew to Washington, DC and was sworn in as a member of
the United States House of Representatives by House Speaker Dennis
Hastert.
On or about June 30, 2006, 17 days after Bilbray was sworn in as
a member of the House, Mikel Haas, Registrar of San Diego County, officially
completed the audit of election results required for certification, and
officially certified the election of Bilbray over Busby based on 163,931 votes
cast, of which 2,053 votes were said to be cast on Diebold TSX touchscreens, and
the remainder scanned via Diebold Accuvote OS computers.
On July 31,
2006, the Contestants filed an election contest, seeking a hand recount and to
invalidate the election on several grounds, not only including the affirmative
evidence of irregular results, but also including the stonewalling of citizen
information requests and the pricing of recounts at an estimated $150,000 that
made it difficult or impossible for any citizen to tell who won the
election.
On August 22, 2006 the defendants moved to dismiss, arguing
that the swearing in of Bilbray deprives everyone else of jurisdiction including
specifically the San Diego Superior Court because Art. I, sec. 5 of the US
Constitution has been held to mean that the House and Senate are the judges of
the Qualifications of their Members, one of those qualifications is supposed to
be “election.”
There is some thing very wrong with this sequence.
Elections are not complete, anywhere, until they are officially certified by
local authorities. How can a citizen get sworn in as a member of the House of
Representatives before his or her election is certified? Only Speaker Dennis
Hastert, his team, and Bilbray have the answer.
In a filling in
San Diego Municipal Court yesterday, attorney Paul Lehto outlined the core in
stark terms:
Defendants are in effect arguing for the remarkable
proposition that unilateral self-serving actions by a majority party in the
House of Representatives to shuttle in a member of the same party can be
effective, even if those actions do violence to and amount to circumvention of
other sections of the US Constitution as well as the California constitution.
Document available here.
Lehto is one of the two attorneys representing citizens who
are challenging the election. Shortly after the last vote was cast, citizens
discovered disturbing facts. Prior to Election Day, several poll workers had
taken home voting machines for periods of a day to a week at a time without
supervision or even consistent tracking procedures. Other irregularities like
vote switching on touch screen machines emerged. Brad Friedman of
www.BradBlog.com conducted an extensive investigation that uncovered a series of
sloppy procedures by County Registrar Haas.
The election became an
immediate cause for citizens, supporters of the losing candidate, and national
voting rights activists. The results were also challenged by Howard Dean,
Chairman of the Democratic National Committee.
A suit was filed by two
local citizens challenging the election. The initial filing relied on the right
of citizens to know that their votes are and counted correctly in order to
assure that the candidate designated as the winner is in fact the winner. Part
of the suit is a request, denied to date, for a recount of the ballots cast on
Election Day.
In response to the suit, the County of San Diego filed a
response questioning the authority of the local court to decide the case since
(a) membership in the house was the province of the House of Representatives and
(b) the speaker had already sworn in Bilbray.
Lehto and Simpkins filed a
withering response to this argument. They point out that elections are the
province of local and state authorities for all elections including federal
contests, unless otherwise specified in the constitution. The following is form
the filing yesterday:
Clearly, the swift swearing in did not end the
election in the 50th Congressional District, and it did not render everything,
including the certification of results weeks later, nugatory and without
“jurisdiction.” If this swearing in had this effect, then in the course of
dismissing this case the Court would be bound to conclude that the
certification of the results after the swearing in of Bilbray was without
force and effect, without jurisdiction, and in contravention of principles of
federalism, as Defendants argue. That conclusion, however, requires either an
absurdity, or the conclusion that our Congressional election was canceled by
decision of the Speaker of the House, before all the votes were fully counted,
and well before certification. Document available here.
So there you have it. Dennis Hastert, Speaker of the United
House of Representatives, called “the peoples’ House,” now has the authority to
nullify elections simply by swearing in candidates and claiming federal
privilege based on one narrow section of the constitution, while completing
ignoring the others, including the one stating that members of the House shall
be elected every two years “by the People,” and not selected in Washington DC.
Once again, the country is faced with a Bush v. Gore style selection
manufactured in Washington DC, and if only the people did not know which party
benefited and which party was hurt by the selection, the country would be
unanimous in denouncing this power grab.
Ongoing support and interference
by the House of Representatives or persons associated therewith continues in San
Diego. Paul Vinovich, Counsel to the House Administration Committee, Chaired by
Bob Ney, R, of Ohio, had a letter delivered to San Diego Superior Court
presiding Judge Yuri Hoffman, with a number of arguments in favor of the Judge
dismissing the case. This type of communication with members of the judiciary,
particularly when another government authority is involved, is covered by strict
rules. One such rule is that the ex parte communication be provided
simultaneously to counsel for all involved. In his own hand, Vinovich says to
plaintiff’s attorney Lehto, “Letter delivered to court last evening.” Lehto
received the fax at 8:56 a.m. Thursday morning, many hours after the letter was
admittedly provided to the judge by Vinovich.
In the letter, Vinovich
admits the time sequence of a July 13 swearing in followed by a July 29th
certification of the election and then, through circular reasoning, tries to use
the certification as justification for the swearing in ceremony. He fails to
note that Speaker Hastert would have needed psychic powers on June 13th to know
that the swearing in of Bilbray would be justified by a June 29th
certification.
We’re clearly at the point where members of the ruling
party are making up rules post hoc to justify whatever actions they wish to
take. We are also at a point where there is little if any opposition to this.
The House is silent. With the exception of local and national voting rights
activists and Chairman Dean, the opposing party is silent. The Defendants
literally argue that the Courts are powerless to stop them (without
jurisdiction). Friday will reveal whether the courts are powerless to stop this
abuse of power and premature termination of elections.
Will Judge Yuri
Hoffman carry on the emerging tradition of silence, or will he take us back to
the courage and integrity shown by Judge John Sirica, a Republican appointee,
who made history by demanding the truth from the Watergate burglars?
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OM
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