Why #Resist is all there is: READ THIS NOW, do not forget.

This was just posted by a friend of mine on a private post. She gave permission to cut and paste it, leaving her name off. Here it is. If you want to cut and paste it please take my name off too. I’m probably being paranoid but I don’t want anyone to accidentally figure out who she is.

So many Americans have lived for so long in a warm, naive and protective bubble that results in difficulty understanding why refugees and immigrants come to this country, what it is really like to live under totalitarianism, and how it actually can happen fairly easily, even to them.

I’m not saying that what’s happening in Syria, or what has happened all over the Middle East, in Africa, in Asia, in Latin America, or in the Ukraine, or what happened in Germany last century is happening to the same extent or in the same way here in the US.

What I want to say is that it is not too far fetched to consider that the worst aspects of true totalitarianism could happen to this country and that we are moving further in that direction with the many recent actions of the republican administration. I also want to share my personal experience with the cruelty of human beings and to point out that it was the United States who helped bring that particular nightmare to power. That it may now be increasingly coming to rest here at home…is a wake up call!

Don’t ignore it! Resist!

When I was 18 I lived for almost two years in Mexico and Central America. Most of that time was spent in Guatemala.

I don’t talk about this period in my life very often, although I have periodically and privately written about it for many years. Believe me…the impacts upon me of what I have seen and lived…have never left me…”post-traumatic stress” is a mild and sanitized name for these memories and their influences upon me and my life. Even my closest friends and family have mostly only heard bits and pieces…for one thing, because I can’t find a way to articulate atrocity to those who have been as sheltered as most US Americans have been, for another, because it all just hurts too much to really dig back into, and finally because it’s almost impossible to really explain experiences like these to someone who hasn’t been there.

This, I think is what may make my experiences relevant now though, and for this reason I am choosing to speak up about this a bit.

During my time in Central America I had an opportunity that many US Americans have never had…to see first hand totalitarianism and autocracy in action.

Guatemala in the mid-70’s was a dictatorship. If you were for land reform, or wrote a story the government did not like, or were just accused by a jealous neighbor of criticizing the government you could be taken away and imprisoned or tortured, and if you were lucky, you were eventually released, but often you were “disappeared” becoming yet another of the desaparecidos (https://en.wikipedia.org/wiki/Forced_disappearance)–victims of the mano blanca (https://en.wikipedia.org/wiki/Mano_Blanca) …the White Hand. This resonates for me with the servants of Saruman…my rants about myth and fantasy and geeks against tyranny are rooted in such comparisons. I’m not joking or merely geeking when I compare current tyrants to ones found in folktales or Tolkien stories. These modern day orcs and Uruk Hai, and other servants of Sauron, or Voldemort, or Saruman, are familiar to me. So are their leaders.

I will not write here now about my experiences being confused in Guatemala in early September 1975 for Patty Hearst just days before she was apprehended in the US…another tale entirely that I don’t want to discuss in this venue…and focus instead upon early April 1976 shortly after a huge earthquake devastated the country leaving 100,000 people dead immediately and over one million homeless.

A lot of the emergency relief food and clothing was seized by governmental agents and warehoused to be sold rather than distributed to those who needed it. There were exceptions. I was volunteering for the Girl Scouts sorting mountains of shoes and clothing and putting together packages of food and blankets to hand out.

Later, I was going door to door delivering these emergency packages of food and clothing in a neighborhood of Guatemala City when I unwittingly knocked on the door of a house that was ostensibly being raided for the sale of marijuana. I was a little over 18 years old at the time and had my young child with me. I was pulled inside by the police and thrown into a corner to be searched. I was then dragged by the hair into a small room alone where one of the police officers “frisked me” by “fondling” my breasts, grinning, repeatedly trying to get me to kiss him, and then thrusting his hand inside my jeans and underwear and grabbing me there. I was then held at that house with everyone else there for about 18 hours.

Most of that time I was trying to keep my squirming baby from getting loose to play because I was told that he would be taken away if he kept bothering the police. At one point when the police got bored they put a gun to my head and made me dance sinuously for their entertainment.

They quickly found new fun however when a young student about 19 or 20 came to the door with a clipboard. He was taking a survey about earthquake damage and impacts upon the neighborhood and like me, he got caught up in the raid. He tried to explain this but they laughed at him. He was somewhat “effeminate” and very bright and was trying to explain and prove that he was really just a surveyor and not there for illegal purposes but they did not want to hear any “excuses”.

The lead officer was a true and classic bully. He moved to kick the young man but slipped on something on the floor and fell down. His fellow officers found that funny. He didn’t. So he proceeded to beat the young man in and out of a closet, back and forth through the room, and then out the front door and into the yard. While this was going on, the rest of us were taken at gun point to the open back of a pickup truck to be taken to the police station.

It was a commandeered truck with old wet broken bricks in the bottom. It wasn’t comfortable. We were loaded into the back of the truck while the police officer continued to beat the young man senseless. He put up no resistance. The officer then took out his gun and shot the unconscious student in the head. The blood from his head leaked out and ran down the sidewalk to the gutter and mixed with rain water there to pour past the wheels of the truck we were in. I will not forget that river of blood. Ever.

The police then all went into the house for about 15 minutes or so while we were left in the truck with one young, fairly nervous officer. A quiet discussion among the prisoners ensued as to whether we could hit him in the head with a brick and all of us run away before the rest of the police returned. None of us at that point was restrained by anything but fear.

None of us ran. We were taken to the police station where I was questioned and then released the following morning. When I was released the murderous officer tried to be friendly with me. He wanted to know if I would go out with him. He laughed and offered me a joint he had behind his ear. When I demurred he said…well you are a good girl aren’t you…and you know to keep quiet…now I want you to go out that door and not look back. And I want you to run.

You might imagine I was terrified. I thought they were going to shoot me in the back for trying to escape. I had my baby in my arms and was zig zag running down the street trying to hold him out from me a bit in case maybe if the bullets went through me they might not hit the baby.

I then ran into a little store, jumped the counter and ran out the back and then went to a small “pension” and checked in to hide. Eventually, I was able to return to the United States because of that amazing treasure I possess: a US passport. So I don’t take it for granted. I left behind people who did not have that luxury and wouldn’t take it for granted. I understand why immigrants are such a gift to our country. They have perspective and appreciate what our constitution and country has to offer. I don’t see why our country should turn its back upon people in desperate situations. I see the borders as a political fiction. The land is the same on either side.

I love our Lady Liberty and our constitution and damned if I want to see our nation decline to undermine and punish the press, return to destroying the environment and talk about forcing sovereign nations into building border walls to protect a racist policy and deny entry to people who are descended for the most part from peoples who were here before the European invasion and migrated back and forth following the crops for centuries before European arrivals.

My story above was just one in a number of days where I saw things nobody should see. It wasn’t the only murder I witnessed and it wasn’t the only egregious abuse of power I experienced. I have seen hunger, oppression, and terrible abuse. I have seen cruel people revel in causing pain and wallow in unfair access to wealth. I have seen, first hand, atrocity. I understand deeply why people want to come to the United States to possibly realize a better life.

And I recognize the symptoms of despotism. It makes me afraid. It also makes me angry.

When a refugee becomes frightened and desperate and/or hungry enough to run and try to come to a haven of freedom like the United States was…and still could be…to turn them away for religious or racial or cultural reasons is to embrace the same ideals as the White Hand. I see what these modern day orcs and Uruk Hai are doing…felling forests, poisoning rivers, treating people of good will like criminals, and I will not be silent. RESIST!

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SCOTUS CASE SCHEDULED FOR CONFERENCE

mar-17-scotus-notificationThank you all who have supported us through spreading the word, words of encouragement to us and financial contributions. This is AMAZING!!

We, the People, DEMAND OUR COUNTRY BACK NOW!!!!!!!!

Revote2017.org

Revote2017@Gmail.com

media contact: 720-608-1119

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Letter Mark Small

8510 EVERGREEN AVENUE, SUITE 104 INDIANAPOLIS IN 46240

Members of the Press

MARK SMALL ATTORNEY AT LAW

February 19, 2017

TEL: 317.252.4800 marksmall2001@yahoo.com

Re: Blumstein, et al. v. Pence, et al. Docket Number: 16-907

I represent Diane Blumstein, Nancy Goodman, and Donna Soodalter-Toman, Petitioners in a case they filed before the United States Supreme Court. The relief they seek is a new election of the offices of President, Vice President, United States Senate, and United States House of Representatives decided in November, 2016.

In 1787, the Framers of the Constitution imagined various means by which a tyrant, a foreign power, or mobs could take over our government. The Framers obviously did not cast their votes by electronic means. They could not have foreseen an additional means by which a foreign power could take over our government—hacking of computer programs. The Framers understood the concept of “invasion,” and in Article IV, Section 4, provided the government owes a duty to protect us from foreign invasion. The Constitution addresses the imperfections of human beings. In Federalist Number 51, James Madison described how the separation of powers of the branches of the government is necessary to protect us from despotism.

Today, evidence indicates the dictator of Russia illegally influenced the election of the President and the Vice President, as well as races for seats in the Congress. Neither the executive branch nor the legislative branch can investigate, without conflict, Russia’s cyber invasion as members of those branches benefitted from such an invasion if it occurred. Madison saw the judicial branch as the only branch able to resolve such matters.

On Friday, February 17, we filed a motion in which we ask the Supreme Court to appoint a Special Master, a role created under the Federal Rules of Civil Procedure, to investigate the 2016 elections. If the elections were stolen from the American people, the relief we would seek would include new elections of all Federal offices that were on the ballot in 2016. My clients are the people who were courageous enough to raise this challenge. Others might attempt, through peaceful means as contemplated by the Framers, other avenues to challenge the election results. No one else should be mistaken, however, for Diane Blumstein, Nancy Goodman, and Donna Soodalter-Toman as the brave people who challenged the election via this Court action.

Any inquiries may be directed to my office number or e-mail.

 

Sincerely,

/s Mark Small.

Mark Small

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PRESS RELEASE Feb 18 2017 REVOTE2017.org

The Framers of the Constitution, in 1787, imagined, and sought in checks they created in the Constitution, to prevent various means by which a tyrant, a foreign power, or mobs could take over our government. Article IV, Section 4 provides we shall be protected from foreign invasion. framersIn 1787, neither computer technology nor the literary genre of science fiction existed. The Framers understood the concept of invasion. They also created means by which this country could adapt to the changes of time. Today, evidence indicates the dictator of Russia illegally influenced the election of the President and the Vice President, as well as races for seats in the Congress. Neither of those branches can investigate Russia’s invasion as members of those branches benefited from the invasion. James Madison saw the judicial branch as the only branch able to resolve such matters. We have asked the Supreme Court to appoint a Special Master, a role created under the Federal Rule of Civil Procedure, to investigate the 2016 elections. If the elections were stolen from the American people, the relief we would seek would include new elections of all Federal offices that were on the ballot in 2016.

 

~Mark Small, Attorney at Law

 

Kelly Z. Sennholz MD

Kirstin Elaine Martin

Plaintiffs: Donna, Diane and Nancy

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MOTION OF PETITIONERS FOR APPOINTMENT OF SPECIAL MASTER

Filed Feb 17 2017 Supreme Court of the United States:

rbg-supreme-court

 

In The

SUPREME COURT OF THE UNITED STATES

Case No. 16-907

XXXX, XXX,
and
XXXX Petitioners Pro Se

vs.

JOSEPH A. BIDEN,

President of the United States Senate

MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES,

114TH CONGRESS

MEMBERS OF THE UNITED STATES SENATE,

114th CONGRESS

DONALD TRUMP,

President of the United States

MIKE PENCE

Vice President of the United States

DIRECTOR OF UNITED STATES OFFICE OF PERSONNEL MANAGEMENT

MOTION OF PETITIONERS FOR APPOINTMENT OF SPECIAL MASTER

RELIEF SOUGHT:
Now come the Petitioners in the above-entitled matter and respectfully move this

Honorable Court to appoint a Special Master with the immunities, security classifications, subpoena powers, staffing and funding reasonably necessary to perform the following tasks:

1.) This Court has jurisdiction to appoint a Special Master:
a) “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C.A. § 1651(a);
b) The writ of mandamus is an extraordinary writ. Miller v. French, 530 U.S. 327, 339, 120 S.Ct. 2246, 2254, 147 L.Ed.2d (2000), thus the “form of pleadings and motions prescribed by the Federal Rules of Civil Procedure is followed, Supreme Court Rule 17.1 and 17.2; and therefore F.R.Civ.P. 53.1 allows this Court to appoint a Special Master; and,
c) “In designating a Master, the Court customarily confers ‘authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent

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proceedings,’ as well as ‘authority to summon witnesses, issue subpoenas, and take such evidence as may be necessary and such as he may deem it necessary to call for.” Stern Robert L., Supreme Court Practice, 8th ed., 2002, p. 576; citing to Nebraska v. Iowa, 379 U.S. 996 (1965) and Illinois v. Missouri, 384 U.S. 924 (1966).

2.) Its is necessary to:
a.) Identify those officials, agencies, departments and offices of the United States Government engaged in the collection, analysis, and reporting of data pertaining to cyber intrusions, and mitigation of effects of intrusions conducted and/or facilitated within the United States by the Government of Russia and or its agents in the year 2016.
b.) Obtain from those officials, agencies, departments and/or offices, and, subject to the discretion of the Special Master, obtain from third parties, whose identities are disclosed to the Special Master, any and all summaries, analyses or reports, classified or unclassified, related to cyber intrusions, more probably than not conducted directly or indirectly by the Government of Russia, and that were determined by those officials, agencies, departments and/or offices to have been related to the November 2016 congressional and presidential elections.
c.) If the Special Master determines the Government of Russia more probably than not committed one or more cyber intrusions involving the Presidential and Congressional elections in one or more precincts/districts in one or more states in the year 2016, enquire of polling organizations and the election officials in each of the affected precincts/districts/states to determine the possible impact of those intrusions.
d.) Prepare for the in camera review by the Supreme Court of a report of the findings of the Special Master conforming, to a reasonable extent, to the standards of Federal Rules of Evidence 702 and 703 as to whether there were cyber intrusions more probably than not committed by the Government of Russia which may have impacted one or more of the November 2016 congressional and presidential elections.
e.) If such intrusions probably occurred and possibly caused such impacts, the report would identify any individuals, whether agents of the Government of Russia or others who probably aided or abetted the intrusions, detail the probable type and extent of each intrusion, describe the possible impact of each intrusion or pattern of intrusions, and identify the particular relevant election races.

3.) Upon receipt of the Report of the Special Master, the Supreme Court would review in camera the Report and decide what, if any remedy to provide. Following redactions of classified information, the Report could be published by the Court for review by the parties and the public and the matter referred by the Court to a Special Prosecutor if criminal prosecution appeared warranted.

GROUNDS FOR RELIEF:

A. THE “CHECKS” ON FOREIGN INTRIGUE ANTICIPATED BY THE FRAMERS Page -2-

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EITHER ARE HISTORICALLY INEFFECTIVE OR HAVE BEEN PRE-EMPTED.
4. The Framers anticipated foreign powers might attempt to corrupt this country’s

political leaders.
5. Alexander Hamilton wrote, in regard to the means of election of the President:

“Nothing was to be more desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly in the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this than by raising a creature of their own to the chief magistracy of the Union?”

The Federalist No. 68 (Alexander Hamilton).
6. Hamilton foresaw the electoral college as one check because the constitutional

convention had “not made the appointment of the President to depend on any pre-existing bodies of men who might be tampered with beforehand to prostitute their votes; but they have referred it in the first instance to an immediate act of the people of America, to be exerted in the choice of persons for the temporary and sole purpose of making the appointment.” Id.

7. When Hamilton noted the “business of corruption, when it is to embrace so considerable a number of men, requires time as well as means,” Id., Hamilton could not have anticipated the speed of computer information, such as it is in the 21 century, or the vast wealth under the control of a single foreign despot.

8. “The executive Power shall be vested in a President of the United States of America. …” U.S. Const. Art. II, § 1.

9. The electoral college is not independently selected as The Framers had anticipated.

10. In fact, the electors are chosen, part and parcel, in the same process as that by which votes are cast for the candidates for President and Vice President.

11. An “invasion” is the “incursion of an army for conquest or plunder.” Black’s Law Dictionary, 10th ed., 2014, p. 952.

12. “In The Federalist No. 43, James Madison referred to the Invasion Clause as affording protection in situations wherein a state is exposed to armed hostility from another political entity. Madison stated that Article IV, § 4 serves to protect a state from ‘foreign hostility’ and ‘ambitious or vindictive enterprises’ on the part of other states or foreign nations.” State of California v. United States, 104 F.3d 1086, 1091 (9th Cir. 1997).

13. Cyber attacks were amongst developments unforeseen by the Framers.

14. The persons who otherwise are under a duty conferred by the Constitution to enforce the laws under which

B. UNCLASSIFIED EVIDENCE OF CYBER INTRUSIONS BY THE GOVERNMENT OF RUSSIA:

14. The Addendum includes the Petition for Rulemaking to Require an Enhanced Reliability Standard to Detect, Report, Mitigate, and Remove Malware from the Bulk Power System; the Petition was filed by the Foundation for Resilient Societies, an organization comprised of experts in the fields of national defense, foreign relations, and cyber security.

15. The Addendum also includes correspondence from the Hon. Seth Moulton, a Page -3-

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Member of Congress, who documents that Congress and the Executive Branch are aware of the cyber intrusions involving the 2016 elections and neither Congress nor the Executive Branch has taken remedial steps to address either the consequences of the past electoral intrusions or prevent future intrusions.

C. BURDEN OF PERSUASION:

16. “[B]efore a federal court can responsibly order a new election, the claimants seeking this extraordinary relief must come forward with the most clear and convincing evidence that … persons… intentionally…altered the outcome of the election. A party contesting a Presidential election carries a heavy burden. Not to put too fine a point on it, this standard implies conduct of a most egregious nature, approximating criminal activity.” Donahue v. Board of Elections, 435 F.Supp. 957, 968 (E.D.N.Y. 1976).

17. Given that the “evidence” of cyber intrusions in the electoral process is for the most part the subject of security classification, only the judiciary can through the exercise of its equity power assemble the evidence necessary to support the necessary adjudication.

D. RIGHTS ABRIDGED:

18. Voting enjoys constitutional protection. Norman v. Reed, 502 U.S. 279, 112 S.Ct. 698 (1992); Burdick v. Takushi, 504 U.S. 428, 433, 112 S.Ct. 2059, 2063 (1992).

19. Voters have a fundamental right to associate politically and to vote for candidates of their choice. Schulz v. Williams, 44 F.3d 48, 54-55 (2nd Cir. 1994).

20. The United States Constitution is the written manifestation of the social compact among the citizens of the United States and their government. As part of the social compact, Article IV §4 guarantees the States and their citizens “… a Republican Form of Government, and …(that the United States will) … protect each of … (the States) ….against invasions….”

21. The Constitution guarantees elections as part of the compact free of foreign intervention. (See Federalist Paper No. 68, supra., Alexander Hamilton.)

22. Post election, Article I, §9 of the Constitution forbade the President from receiving any financial benefit from a foreign power. The right to cast a vote and the right to have one’s vote counted are both constitutionally protected. United States v. Classic, 313 U.S. 299, 315, 61 S.Ct. 1031 (1941).

23. A person’s interest in participating in the political process through voting and having his vote counted is a right both ‘individual and personal in nature.’ Reynolds v. Sims, 377 U.S. 533, 561, 84 S.Ct. 1362 (1963)” as cited in Griffin v. Burns, 570 F.2d 1065, 1072 (1st Cir. 1978).

24. “And the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the fee exercise of the franchise.” Reynolds v. Sims, 377 U.S. at 554.

25. “[W]e do not see how an election conducted under these circumstances can be said to be fair.” Griffin v. Burns, 570 F.2d at 1076.

D. STANDING TO REQUEST RELIEF:

26. The petitioners have a direct “stake” as citizens of the United States and the Commonwealth of Massachusetts who voted for Hillary Clinton and whose candidate lost due to electoral votes cast by electors of other states in response, in part, to the popular vote.

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27. The petitioners also have a direct “stake” in the Congressional races of other states because when the Republican candidates were declared to have “won” those races, the Republicans took substantial majorities in the House and Senate. Affidavits of Dianne Blumstein, Nancy Goodman, and Donna Soodalter-Toman filed herewith.

28. The interests of voters are “independent” of the interests of their candidates, and the failure of a candidate to pursue relief is not material to determining whether the voters for that candidate have “standing” to contest how an election was conducted. See Tarpley v. Salerno, 803 F.2d 57, 59-60 (2nd Cir. 1986).

29. The petitioners have standing to challenge the lawfulness of the election. Diamond v. Charles, 476 U.S. 54, 66-67, 106 S.Ct. 1697 (1986); Schulz v.Williams, 44 F.3d, supra 52-53.

30. The petitioners have a right to relief even if they did not vote for the losing candidate: “The right to participate in the choice of representatives … includes … the right to cast a ballot and to have it counted at the general election, whether for the successful candidate or not.” United States v. Classic, 313 U.S. 299, 318, 61 S.Ct. 1031 (1940).

31. “The Constitution of the United States protects the right of all qualified citizens to vote, in state and well as in federal elections. A consistent line of decisions by this Court in cases involving attempts to deny or restrict the right of suffrage has made this indelibly clear. It has been repeatedly recognized that all qualified voters have a constitutionally recognized protected right to vote. Reynolds v. Sims, 377 U.S.533, 554, 84 S.Ct. 1362, 1377 (1964)…” as cited in Donahue v. Board of Elections, 435 F.Supp., supra at 966.

32. Further, the “loss of (Democratic candidates’) opportunity to compete equally from votes in an election” vested Democratic voters with standing. See generally Fulani v. League of Women Voters Educ. Fund, 883 F.2d 621, 626 (2nd Cir. 1989).

E. ABILITY OF COURT TO GRANT RELIEF:

33. “The granting of equitable relief premised directly upon the Constitution has long been a practice accepted without discussion. Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 404, 91 S.Ct. 1999 (Harlan concurring, 1971)” as cited in Donahue v. Board of Elections, 435 F.Supp., supra at 963.

34. “The point, however, is not that ordering a new Presidential election in New York State is beyond the equity jurisdiction of the federal courts. Protecting the integrity of elections – particularly Presidential contests – is essential to a free and democratic society. See United States v. Classic, supra.

35. “It is difficult to imagine a more damaging blow to public confidence in the electoral process than the election of a President whose margin of victory was provided by … illegal means. Indeed, entirely foreclosing injunctive relief in the federal courts would invite attempts to influence national elections by illegal means…. ” Donahue v. Board of Elections, 435 F.Supp. , supra at 967.

36. Relief for a violation of the Guarantee Clause may be provided by the Supreme Court:

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The view that the Guarantee Clause implicates only non-judiciable political questions has its origin in Luther v. Borden …. this view has not always been accepted. In a group of cases decided before the holding of Luther was elevated into a general rule of non-justiciability, the Court addressed the merits of the

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claims founded on the Guarantee Clause without any suggestion that the claims were non-justiciable…. More recently, the Court has suggested that perhaps not all claims under the Guarantee clause present non-judiciable political questions …. Contemporary commentators have likewise suggested that courts should address the merits of such claims, at least in some circumstances.

New York v. United States, 505 U.S. 144, 156, 112 S.Ct. 2433 (1992) (Justice O’Connor); see also Erwin Chemerinksy, “Cases Under the Guarantee Clause Should be Justiciable”, University of Colorado Law Review, Vol. 65, p. 849.

37. Other cases that have addressed the Guarantee clause can be distinguished by a critical element—they do not concern an allegation that the President, who is charged with enforcement of the body of laws in question, obtained his office through the invasion at issue. See People of Colorado ex rel. Suthers v. Gonzales, 558 F.Supp.2d 1158, 1161 (D.Colo. 2007) (claim that United States failed to protect plaintiffs from invasion “implicates foreign policy and national defense issues, which are the province of the political branches of government and which courts are reluctant to address”); also State of California v. United States, 104 F.3d at 1091 (California’s allegation it had been “invaded” by immigrants and suffered fiscal losses where “the political branches have made no such determination would disregard the constitutional duties that are the specific responsibility of other branches of government, and would result in the Court making an effective non-judicial policy decision.”).

38.

The absence of necessary parties does not preclude relief where “… equity demands that the court proceed in their absence.” Donahue v. Board of Elections, 435 F.Supp., supra 965 citing Toney v. White, 476 F.2d 203, 207 (5th Cir.).

Willful misconduct renders misconduct justiciable. Hennings v. Grafton, 523 F.2d 861, 864 (7th Cir. 1975). “The Supreme Court has … read the criminal counterpart to the civil rights statutes as conferring federal jurisdiction over corrupt practices in state-run elections for federal office. United States v. Saylor, 322 U.S. 385, 64 S.Ct. 1101 (1944)” as cited in Griffin v. Burns, 570 F.2d, supra at 1076. “[P]atent and fundamental unfairness” may be a violation of the due process clause. Gold v. Feinberg, 101 F.3d 796, 801 (2nd Cir. 1996) citing Griffin v. Burns, 570 F.2d, supra at 1077. The cyber attacks were not a “political act” of one party or a branch of the United States government but rather the intrusion of a foreign state in our democracy, and claims for violation of Article IV §4 are subject to adjudication. Compare Baker v. Carr, 369 U.S. 186 (1962) The cyber intrusions were acts of espionage and aggression by a foreign power directed against the United States and candidates seeking public office within the Legislative and Executive Branches of the United States government.

CONCLUSION:
Americans have fought and died to maintain the integrity of America’s version of

democracy. It is reasonable to infer that if the State of Russia committed these acts, it did so to have one or more “creatures of its own” elected to high office – i.e. “Manchurian Candidates.”

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In so doing, these “creatures” may over the term of their office have more long term impact than the Japanese bombing of Pearl Harbor, the German invasions of European countries in both World Wars, and the “cold war” with the Soviet Union.

The relief sought is non-partisan due to the knowing failure prior to the November 2016 election of both the Executive Branch headed by a Democratic President and the houses of Congress dominated by Republicans to implement the guarantees of Article IV in the Constitution. Post election, it appears that the intrusions may have benefitted candidates of one party over the other, and with both the Executive Branch and the Legislative Branch in control of a single party, it is unrealistic to expect a meaningful inquiry and remedy afforded by either branch of government. Given the failure of politicians of both persuasions to live up to the mandate of the Constitution, only the Judiciary can afford the relief to which the voters of the United States are entitled. To do so, it is most prudent for the Supreme Court to pull back the curtain of National Security, determine the nature of the intrusions, identify the perpetrators, and fashion permanent relief thereafter.

The result would assure the citizens of the United States that the American version of democracy survived and that the members of Congress, the President and Vice President were legitimate expressions of that democracy. If material impacts were found by the Special Master to have occurred in specific races due to intrusions and the Court concludes that the integrity of specific races fell below constitutional minimums, the Court could fashion relief suitable for each race. If a new election were mandated for one or more races, the Court could frame rules regarding the retroactive effect, if any, of the invalidated elections.

If the 2016 election for President and Vice President did not meet constitutional minimums, the position of President could be filled consistent with the official order of succession pending a “revote” for the President and Vice President in the 2018 election cycle. If the election of certain Representatives and Senators did not meet constitutional minimums, the effected states could appoint replacements pursuant to state law and subject to the results of new elections conducted consistent with state law.

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I know, I know….. It’s YOUR TURN:

 

mlkI know, I know
If you could go back you
would walk with Jesus
You would march with King
Maybe assassinate Hitler
At least hide Jews in your basement
It would all be clear to you
But people then, just like you
were baffled, had bills
to pay and children they didn’t
understand and they too
were so desperate for normalcy
they made anything normal
Even turning everything inside out
Even killing, and killing, and it’s easy
for turning the other cheek
to be looking the other way, for walking
to be talking, and they hid
in their houses
and watched it on television, when they had television,
and wrung their hands
or didn’t, and your hands
are just like theirs. Lined, permeable,
small, and you
would follow Caesar, and quote McCarthy, and Hoover, and you would want
to make Germany great again
Because you are afraid, and your
parents are sick, and your
job pays shit and where’s your
dignity? Just a little dignity and those kids sitting down in the highway,
and chaining themselves to
buildings, what’s their fucking problem? And that kid
That’s King. And this is Selma. And Berlin. And Jerusalem. And now
is when they need you to be brave.
Now
is when we need you to go back
and forget everything you know
and give up the things you’re chained to
and make it look so easy in your
grandkids’ history books (they should still have them, kinehora)
Now
is when it will all be clear to them.
—Danny Bryck

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UPDATE ON SCOTUS CASE TO NULLIFY ELECTION

UPDATE ON SCOTUS CASE TO NULLIFY ELECTION  Revote2017.org

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A heartfelt thank you to all who are spreading the word this weekend and to those who have contributed. We are far behind in contributions, so that is gratefully accepted!

I want to update last 24 hours:

We have several top level lawyers conversing with us. They have said that although our writ is obviously written (poorly? 🙂 by a layperson and requires some “filling in” (to say the least!!), the argument itself is sound. We are meeting with lawyers all weekend to respectfully improve and to perfect what we have done so that the Supreme Court justices can feel confident ruling on our writ. We want to present as legible and accurate of an argument for them as we can. We are in deep respect for our justices (unlike the opinion of our “so called president” and the GOP congress) and honor the desire to have a competent and accurate argument for them. We want to follow the constitution and the will of the people.

The basis of our argument is that the federal government is tasked in our constitution with the job to keep states safe from foreign invasion. Since our election was invaded by a foreign nation, we do not ask the court to remedy this, as that is a political remedy per historical adjudication and noted to be non-judicable. What we DO ask is that they make a finding of fact that our election was tainted by foreign invasion and is therefore, nullified.

WHAT WE NEED NOW:

1. Continue to tweet and call top celebrities. We are only regular citizens and require immediate and rapid dissemination of this information. These special celebrities have the ability to maximize delivery of this information to the masses, that a revote is “LEGALLY PERMISSIBLE AND MORALLY MANDATED”. And, that this needs to happen now, through legitimate court functions. BIG PUSH for this weekend, thank you! Tweet, call, network this hard, now.

2. Know that this is a legal and permissible way to PEACEFULLY, LEGALLY and MORALLY solve our current and obvious crisis. We believe that we are dangerously close to a war or military take over of our country from which a return may be difficult or impossible. We believe the majority of the citizens want to know that the leaders of our country were legally and fairly elected, and that the Russians have not chosen our leaders. We believe that the vast majority of citizens, including those who voted for Trump, do not want to live under a rule which was suspect, at best. This election was illegitimate, and must be remedied. Our country, our democracy cannot stand the obfuscation of the vote, for it is the very foundation upon which we stand. This foundation, including a free and fair vote, repair of gerrymandering and other ‘funny games’ with our vote, and the massive amounts of dark money flowing in are the poison of our system. We cannot, as a country, go forward without repairing this crisis. A free and fair vote is the bedrock of our democracy and our future.

3. Donate what you can to https://www.gofundme.com/NewElection We have many costs far in excess of what we have brought in already and may require travel costs for plaintiffs, etc. We are grateful and humbled, beyond measure, for the support we have already received. We know this is a dangerous and expensive path that we committed to weeks ago. We are willing. We are grateful.

4. Get groups of friends to barrage organizations representing women, LGBT, minorities and other similar groups to write a “FRIEND OF THE COURT BRIEF”. We have legal resources for samples. We have other supporting materials in the works. What we need are LEGALLY RESPECTED organizations to join us, showing that the PUBLIC AGREES with a new vote. We recommend you target specific groups in your area with requests for Friend of Court brief. We can discuss legal strategies with them. HAVE THEM CALL US.

5. Spread the word that a revote was not only easily and quickly done in other countries where these same illicit players have done similar operations, but that it is “LEGALLY POSSIBLE, MORALLY MANDATED” that we do the same. Talk to friends, neighbors, associates. Post on FB. Let people know that WE DO NOT HAVE TO ACCEPT AN  ILLEGITIMATE ELECTION.

6. Know that our heart is filled to overflowing with the growing support we have for a fair and effective solution. We know that many have worked hard and been disappointed before. The American people must demand that this administration and ALL THE ELECTED OFFICIALS FROM 2016, must be reexamined with a vote, or our country and our democracy is GONE. Poof. Like that. We cannot stand by and let this happen. Join us, stay tuned, spread the word, donate, speak, write, and demand a new vote. Nothing less will do.

With warmth and hope,

K. Sennholz MD
Kirstin Elaine Martin

Revote2017.org
The rest of our team of brave and committed Americans, including our brave plaintiffs, to whom we owe endless adoration and gratitude.

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Denver City Leaders Refer to Trump as our “So Called President”. I agree. NEW VOTE NOW.

img_6554THOUSANDS showed up and over 10,000 online, to hear the Denver response to TrumPutin. City officials, Politicians, Police, Organizations and other interested parties spoke of their actions to rebuff Trump.

Many of the speakers who referred to Trump called him “our so called president”. They were firm and unwavering in their statement of support of those living in Denver, and unwavering in their condemnation of the administration. Even the police were loud to say they would not comply with ICE requests. The one exception is they will still notify ICE when those arrested are getting released. img_6534The crowd LOUDLY booed this and comment was made that this will set up the neighborhoods in fear of calling the police when a crime happens.

City officials state firmly we are a Sanctuary city. They say we will fight the Trump regime at every turn. That they have lawsuits ready to go if he tries to pull funding.

Interestingly, even with the strong support of city officials, it was my perception that the crowd was not willing to accept this as a strongimg_6562enough answer. The anger and frustration with the lack of action on the part of elected officials to remove Trump from office and to more aggressively deal with his behavior was loudly proclaimed from nearly every citizen speaker.

Correction: Announced last night that Muslim protest in Denver was “tomorrow”. That was incorrect. Date is Feb 4, 1:00, attend if you can:  https://www.facebook.com/events/786629944818226/?notif_t=event_transition_reminder&notif_id=1486142809943599

We MUST remove Trump from office. This was an illegitimate election. A revote is legally permissible and morally mandated. The other countries whose election was stolen by these same Russian mafiosos revoted right away. We can, too. Trump did not win the election. Additionally, the computer virus which changed votes is STILL ON OUR VOTING MACHINES. Republicans in Michigan haimg_6575ve moved to DESTROY THE MACHINES AND DESTROY THE EVIDENCE of their tampering. This virus is still on voting machines all over our nation.
If we do not revote right now, our democracy is over.

Call your congress persons and let them know: NOTHING ELSE WILL BE ENOUGH UNTIL WE REVOTE. STOP SENDING MONEY TO ANYONE UNTIL WE GET A REVOTE.

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Take 3 min to read this, It will change your day and your life

I have a most wonderful, intelligent, amazing friend, James Bramble, who is an executive and an attorney. His wisdom and humble nature is apparent every day as his way of being. This short blog post he wrote is an example of his loving leadership. I hope you enjoy it as much as I did:

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Every Monday the USANA True Health Foundation Facebook page has a gratitude post. A chance to reflect on something for which we are grateful. Susie Derber asked me if I wouldn’t mind taking a turn this week. As I thought about this I had a conversation with my son Andrew Bramble about an event that happened almost 23 years ago when I was attending law school.

My desire to become a lawyer was something that I had felt since I was very young. However, life got in the way and there was a time when it did not seem possible to meet that particular dream. I had a young family at the time and we were very poor. There just didn’t seem to be a way to both attend law school and also take care of my family. Fortunately, a few things happened involving others reaching their hands down to pull me up that allowed me to complete my studies. One of those fortuitous events was receiving a scholarship. I had applied for this particular private scholarship because I saw it advertised by the school administration. I knew nothing about it other than it was available for application. It was in the name of a man I did not recognize. The John Smith scholarship (name changed for his family’s privacy). Receiving the scholarship helped make my dream possible, it wasn’t a lot of money, I think one or two thousand dollars for the year, but it paid for my books and supplies that I needed and couldn’t otherwise afford.

I don’t remember ever wondering much about who John Smith was until one day I received a request to speak at a luncheon honoring individuals who had made donations to fund scholarships for the University. I was to speak about gratitude and how receiving a scholarship helped make my education possible and I would sit at a table and eat lunch next to the donor. The day soon arrived. I remember it was December 1 because it was World AIDS day. It was the 1990s and being academia everyone was wearing red ribbons. In my mind I had been imagining my donor as some successful business tycoon who had made a ton of money and was giving back through philanthropy. I had a list of questions ready to ask him for tips on how I could be successful myself.

I was surprised when I arrived and my table guest was a sort of frumpy, kind, poorly dressed, warm smiling, middle age woman, Ms. Smith. Ms. Smith was a cashier at a local grocery store and had lived all her life in Salt Lake City. Her son, John Smith, was her pride and joy. His goal from the time he was very young, like mine, was to be a lawyer. Finances being tough for a single mother John saved religiously so when the time came he could afford law school. However, he never met his goal. He was diagnosed with cancer before he turned 20 and did not survive. Ms. Smith did not use the money to add to her meager cashier salary. Nor did she use it on funeral or medical expenses. Intent on making John’s dream come true even if he couldn’t attend himself, Ms. Smith decided to use the money to fund a small scholarship for other young students. It was difficult for me to give my gratitude speech choked with emotion as I realized I was the beneficiary of such selfless sacrifice.

Today for the weekly True Health Foundation Monday gratitude post I am grateful for Ms. Smith and all the many, many, many people who extended their hand to me to help me receive the blessings in life that I have received abundantly. I am grateful for the True Health Foundation as a vehicle to allow me to try to do the same and reach my hand down to help others. I hope this memory will help someone see how even a small donation can make a big difference in the life of someone else.

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PRESS RELEASE, DENIAL, CALL TO ACTION

russian-military

 

Emergency Order to Stay the Election Fails at the Supreme Court; Campaign to Clean Voting System Continues

CALL TO ACTION!!!

A small group of concerned citizens filed complaints with Federal courts around the country to ask for a Stay and a revote on the 2016 election (Writ of Mandamus), due to a compromise on the democratic voting process. This petition reached the highest court in our land. The emergency motion to stop the inauguration failed. Deep and abiding concerns about the legitimacy of this election have become only more disconcerting since November 8.  Day after day, it becomes clearer that the citizens of this country did not choose their “elected” leaders, but a coven of Russian hackers did.  The Supreme Court was petitioned for a new vote and, unfortunately, our argument was denied. We feel this was due to a hole in our constitution, rather than a weakness in our petition or our cause.

We implore the citizens of this country to rise and demand, back, the control of our Country. It is more than clear, as evidenced by a flood of academic articles on the subject, that we now live in an oligarchy run by billionaire oil interests and Russian mobsters. We know that the executive branch (with legal ability), the entire legislative branch, all of our elected officials and, significantly, our media failed to act because they chose to deny the facts in front of them and move on. They could have taken action to stop this but they did not. This was a tainted election and they have proceeded on as if it were as normal as rain. This is not acceptable in any way. The American people deserve a free and fair election.

It is imperative that the American people do not consider the failure of our petition to be a final judgment on the validity of the concerns about this election, our voting system, the flood of dark money and evil intents directing our nation, or the lack of input of citizens into our own governance. We must stand up now, and demand return of our rightful heritage, which is governance of our nation.

Citizens of every political stripe should be concerned about these illegal and immoral acts. For it may be one side receiving it now, but be assured, until we regain control of our country, particular concerns will hold no valor, either.

An emergency state has befallen our country. Citizens, rise and have your voice heard. If your congress person turns off their phone, march to their office. Be RELENTLESS in your position. Do not stop until we have returned this nation to its rightful heirs, the citizens of our nation.

Thank you to every single voice who spoke up, shared our efforts, donated, and cheered us on. Your words of encouragement, solidarity and love have warmed our tired hearts beyond measure.

Be relentless. Resist. http://www.REvote.info

Contact Kirstin Elaine Martin 917-523-9163 or Kirstin@sparx3.com

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