Archive for category 2004 election

The War Power, The Sergeant, the Senator: Treason or Heroism

The Sergeant who some years ago left his post in that unnecessary and unwinnable war in
Afghanistan is either a hero, a traitor, or just a terribly young man in the wrong war at the wrong time. He spent terrible years of torture and probably said things he didn’t really mean.

Some years ago in Vietnam, Senator McCain was shot down over Vietnam, another unconstitutional war, and equally unwinnable war, confessed repeatedly to things he later recanted, once safely in the United States, and is, quite rightly regarded, despite his confessions to American war crimes, a hero. The two cases are not quite completely on all fours, as we say in the law. But the similarity is sufficient to compare with each other and with the undergirding of law.

Presidents, from George Washington to Barack Obama, who are visited by war, either their own or, like Obama, inherited from another (in Obama’s case two other) fools who preceded them, have always had this power. While not yet president, and without this act may well not have become president, Ronald Reagan communicated with Iran, telling them, in effect, just to refuse to deal with Carter on releasing our citizens from the U. S. Embassy in Iran, and await his presidency. Their deal (which killed Jimmie Carter’s hope for a second term and by the way was treason, meriting a firing squad.)

The 30, 60, 90 day notification of Congress is also unconstitutional, but not for the reasons the Republicans and Democrats alike, trumpet. Saint Paul, as I recall, said “this trumpet has an uncertain sound.” And I know he said that some leaders have “zeal without knowledge.” This is Republican and Democratic leaders on steroids, just like my former wife.

The reason the War Powers Act is unconstitutional is not what is now said by either Republicans or Democrats, as I told Joe Biden when he was both Minority Senior member of the Foreign Relations Committee of the Senate and when he was chair. I testified before his committee a few times, and he called me at the law school sometimes to chat about this. The reason is simple. Due to both a few but very senior Democrats and almost all Republicans, Congress forced the Demo’s to give the president 30, 60, or 90 days to play with Congress’ army while he picked his nose. War has not been officially declared since FDR did it in WW2. George Bush (the first) and Colin Powell, in my opinion, got it right, constitutionally, by voting 50-50 in the Senate, and then the Dark Lord, Vice President Cheney, broke the tie and we went to war in Iraq the right way by law; and they had the smarts to stop when their limited mission was accomplished. And until this time, the President, as Commander in Chief, has no constitutional power to use the United States armed forces, save self-defense.

In the Framers’ mind that means only when the United States of America, not our allies, are attacked. For Utahns, the reason J. Reuben Clark, my hero and a great patriot, a rock-ribbed Republican who served under many Republican presidents, served variously as chief legal adviser to the Department of State (then, as an deputy Attorney General on loan from Justice to State,,,,,,now called Legal Adviser to the State Department; and Vice Secretary of State, and Ambassador to Mexico; and advised many presidents between world wars one and two, on all arms control treaties between those to dreadful wars) opposed NATO was because it delegated the war power to a generation not yet born and for the defense of people, and nations, not yet born. Neither the United Nations (Korean War) nor NATO (Ukraine?) can declare war for the United States of America. This is the statement of law, the War Clause, that makes this beyond debate. Remember, that it is also the sole right of Congress: not the President of the United States, nor NATO, nor the United Nations, that decides what constitutes International law, as well. So, both Constitutional Law and International Law, save an attack on the United States, inform us that Congress, not the president or these international bodies, who determines for war or peace.

So screw the people and the Congress and president now living. When the president, any president, has this army to use, that army will never return to Congress’ care. This is unconstitutional because it is an illegal attempt to delegate to the President a plenary power, given exclusively, textually, to the Congress. Like the power over interstate commerce (the road by which most civil rights legislation is constitutional), along with the equal protection and due process of law clauses of the 5th and 14th amendments. It’s as if Congress were to say to Obama, “Say, friend, we’re so damned tired of life in Washington, despite the cherry blossoms, we will do what the Supreme Court does, and reconvene when good weather returns. We’re going to go to Balboa Island, California, where it’s nice and sunny, in ocean or on the beach, and pick our nose and scratch our butts. And better yet, we have one in eight chances not to pick both with the same finger. Even though we’ve proven, time out of mind, that we in Congress cannot chew gum and pick our nose, simultaneously (a great blessing). So, pres., you now have the taxing and the spending power, and we’ll sweeten the loaf by throwing into the pot, since you do have to stick around in this shitty weather, and give you the power also to fund and provide for the Army, Air Force, Coast Guard, and Navy. And don’t sweat it about financing things by the provision in the Constitution that spending bills begin in the House. Since you already have the taxing and spending power, do all this in the White House. P.S. please instruct the Treasury Department to deliver our checks, our salaries, and all the REALLY big bucks from the armaments industry and all those other lobbyists. We really have earned this right by selling our souls to the devil. Have a good life.

I say that both Senator and Soldier are bona fide heroes. Ed Firmage xoxox


Caucus or Primary? Count My Vote, Utah Elections and Political Parties

If you’ve been following the news lately, you will know that  Count My Vote is attempting to be a citizens initiative to change Utah’s caucus system to a primary system.   At a minimum, it’s gotten Utahns talking about how we select our candidates for public office which is good.  I’m not convinced Count My Vote’s solution solves the problem they claim to want to solve.  Will switching from the current caucus system improve voter engagement and turnout?  That depends on whether it addresses the reasons people don’t vote.

Do we know why Utah has low voter turnout in primary and general elections?  Why don’t eligible voters actually get out and vote? Read the rest of this entry »


Transparency in Elections Isn’t an Option: It’s a Necessity

Primary elections are no different, and determine the outcome of a presidential election just as surely as the final election.

With Ron Paul taking the lead, and even John Huntsman moving up the roster in Iowa, things are going to be getting very interesting. The GOP won’t be able to blame “Chicago politics” if their guy doesn’t win and we know it’s not Paul or Huntsman they want.

In the following video, Americas top veteran of election fraud journalism, Brad Friedman, – who is rarely seen on left-leaning programs – gives the republicans quite a bit of food for thought.

But where did the anonymous video come from; anonymous anarchists or the GOP itself? If Ron Paul wins the primary, you’d better believe the anonymous video will be everywhere, all the time.

But, of course it’s not just the republicans who should pay attention to what Brad is saying here. Without basic protections of transparency and chain of custody, our elections are never going to be trusted except by those who refuse to see. In America today, that means just about everybody.

This is the first time I’ve heard a term given to the fact that before the machines started appearing, the exit polls matched the voting results without a hitch. “Red Shift” is a perfect analogy of what happened during the night in the 2004 presidential election and even before that.

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I’m a Little Drunk

Well, maybe a lot, but I’m not driving my Toyota tonight. I don’t believe in harming people with my car.

I like to tell the truth, which often gets me in trouble, but I never meant any harm to anybody.

I believe that we are being scammed by the powers, and must fight back against election fraud at high levels.

Sometimes, opinions are like assholes, and I have mine.

You can’t say I’m not honest.


My Latest Comment at BradBlog II

I just uploaded my first video to YouTube. I’m not sure whether I’m in trouble or not, but I’m SURE most BradBlog readers will love it!

Mr. Fund tries to tell us he’s concerned about fraud in voting. Why does he defend Diebold here? Well, because HE’S a fraud; No?

And yet we enter another voting season without any idea who won…


Just in case you’re wondering, here is my “My Latest Comment at BradBlog I

John Fund has been instrumental in the ongoing battle against ACORN along with Breitbart. It’s a VERY ugly story and there’s no money in reporting it, but I’m in it for the love!


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