Busby-Bilbray Case - Appeal Filed - Land Shark Strikes!!!

[autorank]

Attorneys Paul R Lelhto (Land Shark) and Kenneth L Simpkins file an appeal in California Court of Appeal, Fourth District. They appeal the lower court's decision to let Denny Hastert's swearing in of Brian Bilbray (as CA 50th Cong. Representative)trump normal election practices like election contests and election certification. This story has been covered extensively in "Scoop" by Michael Collins (me):

Congressional Election Nullified – Nobody Noticed,08.25.06
Election Nullification 2: Speaker's Special Source 08.28.06
Democracy Denied: Meet the New Boss: More Nullification 08.30.06

Appeal here http://www.electionfraudnews.com/index.html and HERE

Land Shark commented on the appeal: "This concerns the constitutionality of House Speaker Dennis Hastert's action to swear in Republican Brian Bilbray to Congress only 7 days after the election, when a minimum of 12,500 ballots were still uncounted, the race was reported as only approximately 4,000 votes apart, and certification would not take place for more than two weeks. Despite these facts, the defendants argued that this premature swearing in deprived the state courts and everyone else of all power or jurisdiction to look into the election, an "exclusive jurisdiction" instead vesting in the House of Representatives alone. As argued below in our conclusion, there is an exclusive jurisdiction but it is far narrower than the defendants recognize."

From the appeal

JACOBSON V. BILBRAY ELECTION CONTEST
OPENING BRIEF
CALIFORNIA COURT OF APPEALS

{...}

The defendants' arguments would literally end meaningful democratic elections for the House and the Senate by We the People, because it completely fails to respect the State's constitutionally sanctioned jurisdiction and role in elections, which was violated by the early swearing-in, and instead portrays itself as an absolutely expanding power that knows no limits, rather than a narrowly circumscribed power as required by the Powell v McCormack case.

{In conclusion,} this case is not rendered moot or nonjusticiable or without jurisdiction by the seating or swearing-in of Brian Bilbray. Even if the premature swearing-in of Bilbray were a constitutionally permissible end-around of the requirement of elections every two years "by the People," a sovereign state's constitutionally sacred sovereignty doesn't simply disappear upon the assertion of the House's corollary power. Elections are a unique and particularly strong area of state's rights, where they act as sister sovereigns, and federal legislation impacting that status can be struck down, rather than operating to preempt state law. Instead, Art. I, sec. 5 simply means that judicial-like decisions of the House concerning qualifications of its members are insulated from attack by courts, provided they stay safely within the narrow confines of section 5's limits.

The Framers intended that elections be the primary instrument used by the people to protect themselves from oppressive government and the evils of absolute power. The construction of the defendants creates a rule so broad and expansive that elections are rendered completely irrelevant and meaningless except to the extent and only for so long as the House wishes that those elections continue, and it creates a form of absolute power that is abhorrent to our constitutional structure. The power to swear in a House member Constitutionally elected every two years "by the People" does not contain the absolute power to terminate elections or ignore them in favor of a simpler and more efficient swearing-in process. Indeed, sweeping dicta in a few cases aside, the law does not leave the states "without jurisdiction" at all, it just insulates the Qualifications Clause adjudications of the House against outside attack.

For these reasons, the decision of the San Diego Superior Court should be reversed, Jurisdiction should be found, and the case remanded with instructions to order an immediate recount and discovery of the bona fides of the June 6, 2006 special election.

[ourbluenation]

1. Go get 'em!

:kick:

[autorank]

34. We will.."Scoop" Article Out...Link - Get this one around please...

LINK: http://www.scoop.co.nz/stories/HL0610/S00083.htm

Election Nullification American Style:
Appeal Filed in Bilbray Election Challenge:

Speaker Hastert’s Swearing In At Issue

Michael Collins
Special for
“Scoop” Independent News
Washington, DC

Attorneys Paul Lehto and Kenneth Simpkins just entered an appeal to a California Superior Court decision that prematurely ended an election contest in California’s 50th Congressional District. Just seven days after the election, Speaker Dennis Hastert swore in Brian Bilbray on the House Floor on June 13, 2006. Hastert claimed that Bilbray was the rightful winner of the close election based on a communication he received from the office of California’s Republican Secretary of State, Bruce McPherson.

At the time of Hastert’s induction there were charges of major election problems and questions raised about the security of voting equipment. In addition, the election had not yet been “certified” by the Registrar of San Diego County. Certification did not take place until the end of June. Hastert claimed, via Bilbray's legal filings, that Bilbray was the rightful winner of the close election and that state courts had no power whatsoever to even look into the matter. Appeal Filing pdf hereor here .

Snip

This story is a chronicle of recent political corruption in the House of Representatives. The special election between Busby and Bilbray resulted from the resignation of convicted criminal Randy “Duke” Cunningham, the former representative from the 50th district. The swearing in of Cunningham’s replacement, Bilbray, created more controversy due to the seeming attempt to avoid any real challenge to the election. The current legal action arises at a time when Speaker Dennis Hastert is accused of neglecting the safety of Congressional Pages while providing a safe harbor for Florida Rep. Mark Foley. Foley is accused of sending Pages (who are minors) sexually suggestive emails of a homoerotic nature.

The California Court of Appeal, Fourth Appellate District, Division one is expected to rule soon on the appeal. Upholding the decision by Judge Yuri Hoffman will represent the surrender of any real local or state authority over House elections to the Speaker’s authority. Reversal will create a state – federal challenge over election authority. In either case, the outcome will be an important but not final juncture in this ongoing story of corruption, elections, and the politicians who, from time to time, nullify that which they do not accept.

[longship]

2. Gott kick some non-Foley news.

:kick:

[autorank]

4. Real stuff but "the coach" (Hastert) is in it;) Looking like a real

genius...;)

[Mnemosyne]

3. Proud to be 5th! n/t

:hi:

[autorank]

40. Ola vickiss...election fraud spans the globe! n/t

[Justice Is Comin]

5. Lehto is no lightweight and knows his stuff.

That was a classic example of a kangaroo court verdict to allow swearing in to preempt certifying who actually won the election.

If the court looks at California case law and the U.S constitutional case law precedent, there shouldn't even be a question that this ruling is overturned.

Hopefully we have judges on the Supreme who have actual interest in the law. The last ruling was a joke.

[autorank]

41. I agree...the decision completely abrogates California election law.

Why even have elections if, as Judge Hoffman says, the House can "select" its members.

What if there was proof positive of fraud right after Denny did his deed? These guys are
great proponents of their ad hoc version of the letter of the law...as long as they're
writing that law. The easy outcome would be for the Court of Apeal to punt and say, hey the
election commeth, forget about it. But they have to decide or they set a precedent for California
law to just float away into the Pacific. Lots of eyes on this one. Great points. I totally agree.

[formercia]

6. This is more important than some paedophile.

Foley is History. This is making history.

[Peace Patriot]

11. Yeah, but the timing couldn't be sweeter! Hastert has been shown to be a

big fat liar, and a long time protector of a pedophile Congressman who raised lots of money for the Republican Party. Hastert is now a huge liability to the Bushites. And he's the one who illegally swore Bilbray in, while the votes were still being counted, in an assertion of autocratic power that is only matched by Bush's arrogant "signing statements," pervasive illegal spying, designating his prisoners as having no human rights under the Geneva Conventions, torturing prisoners, creating secret prisons, and "rendition" of prisoners to other countries to be tortured, and now the slimey Congressional endorsement of torture, and suspension of habeas corpus, that HASTERT engineered.

Slimey is the word for Hastert. A slimey Bushite, that all the Bushites are now saddled with. And maybe even Republican-appointed judges will want to overturn his slimebag APPOINTMENT of Bilbray to Congress.

------------------------------------------------------------

"There is a tide in the affairs of men, which, taken at the flood, leads on to fortune. We must take the current when it serves, or lose our ventures. Omitted, all the voyage of their life Is bound in shallows and in miseries." --William Shakespeare ("Julius Caesar")

[formercia]

14. Hastert is an issue unto himself.

We need a couple of more Administration scandals to snowball this whole mess and relegate the GOP to the dustbin of History.

[autorank]

43. You are so right on "making history" and I am shameless;)

I worked Foley into the "Scoop" article that followed this post:

This story is a chronicle of recent political corruption in the House of Representatives. The special election between Busby and Bilbray resulted from the resignation of convicted criminal Randy “Duke” Cunningham, the former representative from the 50th district. The swearing in of Cunningham’s replacement, Bilbray, created more controversy due to the seeming attempt to avoid any real challenge to the election. The current legal action arises at a time when Speaker Dennis Hastert is accused of neglecting the safety of Congressional Pages while providing a safe harbor for Florida Rep. Mark Foley. Foley is accused of sending Pages (who are minors) sexually suggestive emails of a homo erotic nature.
"Scoop" Independent News: http://www.scoop.co.nz/stories/HL0610/S00083.htm

What can I say...uh, lets see, "In vitro, my mother was frightened by evil politicians. No, it was that awful Richard Nixon's book I was forced to read as young child, "My Six Crises." No, worse, Russ Meyer movies formed my early vision of the world. It's the "Foley 3-Step" - just keep rolling them out until one sort of sticks. That's all they do anyway. Look at the Bush litany of excuses for the Iraq War. These guys are not only incapable of telling the truth, they are incapable of forming a coherent lie! Unforgivable.

Hastert denies protection to teenagers in favor of a very troubled individual. What an easy step it is to deny election rights to 500,000 citizens of the 50th California.

[formercia]

54. Hey, I know a good thing when I see it. :) n/t

[GreenTea]

7. Gonna have to keep this kicked, cuz not many are going to responed

to anything else but this cloud of Foley!

[Peace Patriot]

22. Yeah, but the two things are RELATED! That was my point. Hastert is

at the center of BOTH--protecting a child molester AND claiming autocratic power to APPOINT our representatives in Congress. And BECAUSE he has been protecting a child molester, his political credit right now is just about zero. And after that slimebag job on Bush's torture defense, and slimebag collection of Republican money from a slimebag Republican pedophile, what judge would want to be known for upholding Hastert's slimebagism on the CA-50 election?

I'm not sure if the 4th Appellate Court District is up for election. But in California, we get to vote "yes" or "no" on appellate court justices. Anybody in the 4th District look at their ballot yet? If they rule before 11/7 (which they probably won't do), voters of the 4th District can vote NO on these justices--or bookmark them for a "no" vote next time around.

[Peace Patriot]

24. A good, basic informative site on judge elections in California...

http://ca.lwv.org/lwvc.files/judic/

------------

There are a bunch of CA Appellate District 4 justices up for a "yes" or "no" vote this Novebmer--in Distr 4 Divsion 1; Distr 4, Division 2; and Distr 4, Division 3. Not sure which Division Lehto's appeal was filed in.

For names and bios, see: http://smartvoter.org/2006/11/07/ca/state/judicial.html

To know which governor appointed them, you need this list:

32
Edmund Gerald "Pat" Brown Sr.
1959
1967
Democrat

33
Ronald Wilson Reagan
1967
1975
Republican

34
Edmund Gerald "Jerry" Brown Jr.
1975
1983
Democrat

35
Courken George Deukmejian Jr.
1983
1991
Republican

36
Peter Barton Wilson
1991
1999
Republican

37
Joseph Graham "Gray" Davis Jr.
1999
2003
Democrat

38
Arnold Alois Schwarzenegger
2003
-
Republican

http://en.wikipedia.org/wiki/List_of_Governors_of_California

[autorank]

44. Great (or at least "cool") minds think alike...

I channelled your thoughts earlier today :hi:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2324174&mesg_id=2329892

[kpete]

8. And When "Land Shark Strikes!!!"

He takes us all happily with him...

Great job autorank - so much for your mysterious "disappearance"

[autorank]

45. This is like a Frank Sinatra retirement tour...

...there will be six or seven changes of mind.

Here's a shark pic of note. Little known to the general public, Land Shark used to hang out in the SF Bay area. Here he's seen welcoming a oceanographic researcher with his normal garrulous charm and grace...

[annabanana]

9. Hooray! It astonishes me that Hastert was EVER

upheld in this hooey... It is just so patently ridiculous on it's face...

[valerief]

10. Fabulash!

[robinlynne]

12. You tell them, Landshark!

[Raksha]

13. The timing couldn't be better - go Land Shark!!!!

:kick:

[emlev]

15. E-voting: an unmitigated disaster, but not an unLITIGATED one! eom

[Patsy Stone]

16. It's a shame we can only recommend once.

Land Shark :yourock:

[mom cat]

21. I just did another one in your honor!

[Patsy Stone]

25. Aw... You're too kind.

Thanks! :hi:

[StatGirl]

17. Hey, Hastert!

Candygram.

[Canuckistanian]

23. Hee hee!

[stellanoir]

18. yayyyyyyyyyyy

>>>>>>>>>>>>>>insert jaws theme song here

and statgirl. . .you're right Hastert does remind me a lot of Mongo :)

K & R'd

[diva77]

19. Right on! Now how long do we hafta wait til the judge makes a decision?

:kick:

[mom cat]

20. When the shark bites......

Got to love them pearly whites.
:dem::bounce::headbang::smoke::smoke::yourock: GO! LANDSHARK GO! :yourock::smoke::smoke::headbang::bounce::kick:

[helderheid]

26. WOOT!

[bleever]

27. Denny, like Foley, says, "Hey, why wait til it's legal?"

Statutory rape of elections.


Best wishes, Land Shark et al.

[Land Shark]

28. Ouch, that's quite a turn of phrase, Bleever!

[bleever]

33. They shouldn't have tread on us, should they?

[kster]

29. Landhark is kicking Hastert, while he is down

Kick and Recommended !!!

Thanks Landshark, Autorank !!!

[Pacifist Patriot]

30. Good going Landshark. Good luck!

[Cha]

31. Kick for Landshark

and autorank!

[AtomicKitten]

32. never surrender n/t

[KoKo]

35. Thanks Autorank for this! A Big K&R!!!!

:kick:

[rosesaylavee]

36. Good luck - and thanks for posting.

That Hastert would do THIS is still so shocking to me. Nothing is sacred to him as long as he gets what he needs. Damn the constitution, right?

I so hope that something removes this monster from office... not so sure we will be able to vote him out here in his district despite the national news. Its like the Republicans here are hypnotized into supporting their 'team' no matter what. So perhaps one of these many crimes he's been party to in the last ten years will get him.

Please.

[cascadiance]

37. Bravo Paul! K&R!

Perhaps Hastert being "occupied" with other matters will help us get more mileage in the appeals court.

[nicknameless]

38. Excellent!

Many Thanks to Autorank and Land Shark

K&R

[Wilms]

39. Nice job, Paul.

Thanks.

[Vidar]

42. Three cheers for Land Shark. Thanks autorank.

[autorank]

46. Welcome, very...check this out...

http://www.scoop.co.nz/stories/HL0610/S00083.htm

[Vidar]

48. Anything Hastert does should be "at issue".

[FogerRox]

47. Warning:you play with our ELECTIONS, WE defend the right to count the vote

KN R right on brother Shark.

[autorank]

49. Prove your were elected or get the Hell out...!!!

[FogerRox]

52. The "get the hell out" part is best, LOL.

[NVMojo]

50. too bad hardly any Americans get what the "framers" meant about

anything of consequence!

K & R!

[JimDandy]

51. Kick and Rec

Great tie-in. Nothing shameless in making connections.

[EFerrari]

53. Just too good.

Lol!

Go get 'em, Land Shark. Make them sorry they woke up.

[In Truth We Trust]

55. K&R Hand Counted Paper Ballots NOW!!! or fascism forever.

[LynzM]

56. Landshark and Autorank kickin' some ass....

Keep it up, guys. You are an inspiriation, and true patriots. :patriot:

[Land Shark]

57. Thanks for all the nice comments here. Decision expected

before the November election! (that's very fast for an appeal)

paul

[loudsue]

58. Woo-hoo!! That's even better news!

"Before the election" is, indeed, fast for an appeal!

I just got back last night from my trip. I've got a present for ya!

:kick::kick::kick:

[formercia]

59. Flip it on the griddle

sent it to the top.

[formercia]

60. Push it on the Stack. n/t