The Republican Lawyer Blog

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Maya Noronha — Fri, 04 Jan 2013 12:18:00 GMT

Please visit http://thereplawyer.blogspot.com for RNLA blog posts!

Double Voters Get Double the Trouble… in Court

Maya Noronha — Thu, 03 Jan 2013 12:32:00 GMT

States are checking for double voters… and have successfully prosecuted the offenders.

Rodney Paul Jones, Peter Canova III and Gina Thi Canova are some of the offenders who illegally cast two ballots. Jones cast a mail-in ballot in Arizona for the November 2008 presidential election and also cast a ballot in Colorado where he lived. He pled guilty to a misdemeanor. An Arizona judge last year sentenced him to 50 hours of community service, fined him $4,600 fine and put him on one month unsupervised probation.

As for the Canova couple, they voted in both Arizona and Nevada. Peter Canova III and his wife Gina cast a ballot in the fall 2008 general election, in Maricopa County, Arizona and Douglas County, Nevada. Gina also voted in Arizona's August 2010 primary election and Nevada's June 2010 primary election. Peter’s court-ordered punishment was 200 hours of community service, a $9,200 fine and two years of unsupervised probation. Gina got 300 hours of community service and a $13,800 fine.

The program which cross-checks voting in two or more states has been growing since it started in Kansas. In 2008, Kansas had three cases while Arizona had four. In 2010, Kansas had 11 and Arizona had 9. To read more about the Canovas and Jones in addition to many more cases of vote fraud, visit the RNLA's vote fraud page.

Six of the Many Types of Vote Fraud from 2012

Maya Noronha — Mon, 31 Dec 2012 11:32:00 GMT

You probably didn’t hear about them reported by the media, but vote fraud happened in 2012. Here are some of the categories of vote fraud the RNLA found stories of and documented on our vote fraud news page this year:

#1. Voter Impersonation: Don’t believe the deniers. Yes, voter impersonation occurred! A Mexican national named Venustian Hernandez-Hernandez regularly voted as a U.S. citizen named Severo Benavidez in Alabama. Erik Ray Jackson of North Carolina illegally used the address of a state trooper as his voter registration address.

#2. Vote Buying: Democrats bribed voters with vodka in Arkansas, with chili in South Dakota, and with pizza and t-shirts in Colorado.

#3. Felon Voting: Bonnie Nicholson cast a ballot illegally in Virginia after submitting a voter registration card she received from the Voter Participation Center. Sheila Peterson was a convicted drug felon who illegally registered to vote.

#4. Improperly Influencing a Voter: In one of the most most disgusting forms of fraud, an 81-year-old Alzheimer patient was taken advantage of and her vote was cast for her without her knowledge in Virginia.

#5. Posthumous voting: Deceased voters cast ballots when they are currently 6 feet under in a San Antonio cemetery. There are 325 supercentenarians registered to vote in Brook County, Texas. Rufus Harris of Maryland died in 2002 but was registered to vote six years after his death and cast a ballot by absentee in the 2008 election.

#6. Non-Citizen Voting: These non-citizens did risk deportation for the opportunity to influence American elections. Bosnian Tehvedin Murgic, Canadians Laurie McCarroll, Leonard Blower, Albert Harte-Maxwell, Linda Harte-Maxwell and Mexican Maria Ayon-Fernandez voted illegally in Iowa.

Top Obominations of 2012

Maya Noronha — Fri, 28 Dec 2012 08:37:00 GMT

Obominations are Friday features on the RNLA blog that contain the most egregious lawbreaking behavior of President Obama and his administration. Here’s a recap of the top (or should we say, “the worst”?) antics by the 44^th president.

#10: Obama's Recess Appointment Timing: Change We Should Not Believe In

In January, Obama completely ignored the Constitutional requirement that the Senate consent to appointments to the National Labor Relations Board and Consumer Financial Protection Bureau. The Senate was conducting a pro forma session when these appointments were made.

#9: Democrats Muster Up Explosive Plan to Rid Senate of Filibuster

Obama started off this year with unconstitutional behavior, and he ended it the same way. President Obama supports the “nuclear option” – breaking the rules to change the rules of the Senate. Just think what terrifying items on President’s agenda that Senate Democrats will rubber stamp if there is no power to the Republicans in the Senate.

#8: The Attorney General Held in Contempt

Eric Holder was chosen by Obama to lead the Department of Justice and became the very first to be held in contempt by the House of Representatives. Instead of a transparent agency, the Department of Justice stonewalled the House Oversight and Government Reform Committee in its efforts to find documents which would shed light on Fast and Furious.

#7: Obama Adviser Threatens Gallup for Unfavorable Poll and Then DOJ Sues Pollsters

Outrageous but true. The media better watch out because if they don’t publish something Obama likes, he will use the full power of the federal government to sue them.

#6: Obama Tramples on the First Amendment

The HHS mandate threatens religious liberty. He told a variety of religious institutions that they must violate their consciences or face exacting fines.

#5: Forgetting the Military

What kind of commander-in-chief has a Department of Defense that does not adequately run the Federal Voting Assistance Program properly to ensure that the military can vote? The kind that doesn’t think the military vote for him: Obama.

#4: DOJ Distorts Data As It Aggressively Scrutinizes Voter ID

In misplaced aggression against voter ID, the Justice Department skewed and miscalculated data in its poor attempt to discredit the success of voter ID laws in combating fraud.

#3: Contorting the RNLA Vote Fraud Survey

Obama’s attorney general mentions the RNLA, but he can’t even get those facts straight. He misquoted our survey, which demonstrated how widespread across the country vote fraud is.

#2: President of the Opposition to Voter ID Shows His ID When Voting: Obama had to show his drivers’ license when he went to vote early in Chicago, Illinois. It is not suppressive to ask someone, even if he is the President of the United States, to verify his identity.

And the #1 Obomination of 2012 is:

No Mandate for Obama's Four More Years. 2012 is not the end of Obominations. The RNLA’s analysis of Obama’s missteps in the Oval Office will continue, despite the lack of a ringing mandate from the country to continue his radical agenda.

Ronald Reagan’s 1981 Christmas Message

Maya Noronha — Wed, 26 Dec 2012 22:58:00 GMT

"Nancy and I are very happy to send our warmest greetings and best wishes to all those who are celebrating Christmas. We join with Americans everywhere in recognizing the sense of renewed hope and comfort this joyous season brings to our nation and the world.

"The Nativity story of nearly twenty centuries ago is known by all faiths as a hymn to the brotherhood of man. For Christians, it is the fulfillment of age-old prophecies and the reaffirmation of God's great love for all of us. Through a generous Heavenly Father's gift of His Son, hope and compassion entered a world weary with fear and despair and changed it for all time.

"On Christmas, we celebrate the birth of Christ with prayer, feasting, and great merriment. But, most of all, we experience it in our hearts. For, more than just a day, Christmas is a state of mind. It is found throughout the year whenever faith overcomes doubt, hope conquers despair, and love triumphs over hate. It is present when men of any creed bring love and understanding to the hearts of their fellow man.

"The feeling is seen in the wondrous faces of children and in the hopeful eyes of the aged. It overflows the hearts of cheerful givers and the souls of the caring. And it is reflected in the brilliant colors, joyful sounds, and beauty of the winter season.

"Let us resolve to honor this spirit of Christmas and strive to keep it throughout the year.

"Nancy and I ask you to join us in a prayer that prudence, wisdom, and understanding might descend on the people of all nations' so that during the year ahead we may realize an ancient and wondrous dream: 'peace on earth, goodwill toward men.'"

RONALD REAGAN

Remembering Those We Lost and Brief Tribute to a Legal Giant

Michael Thielen — Mon, 24 Dec 2012 15:03:00 GMT

While this is the time of year to celebrate and to spend time with your family and close friends, it is also a time to remember those that are no longer with us. This year we lost Senator Warren Rudman, a pioneer of efforts to balance the budget; frequent GOP turncoat Arlen Specter, as Senate Judiciary Committee Chairman he fairly guided the successful confirmations of Justices Alito and Roberts; Andrew Breitbart, the master Internet journalist who challenged the establishment; Tony Blankley, a key communications figure for the GOP most notably for his efforts for the Republican takeover in 1994; but most notably of all was Judge Robert Bork.

Judge Bork last spoke to the RNLA in 2005, at the RNLA organized inaugural luncheon celebration for Republican lawyers. Working with J. Caleb Boggs III, I felt very guilty asking a legal giant like Judge Bork to merely introduce the Bush Administration's former Solicitor General Ted Olson who was the "headline" speaker at the lunch. Judge Bork however had no such qualms. In fact, when I told Judge Bork he merely had to show to speak at the luncheon and did not have to attend the reception before the luncheon, he rebuked me and told me he wanted to attend the reception. At that reception, Judge Bork was incredibly gracious and spoke with any one of our members in attendance who wanted to speak with him.

RNLA's Chair Randy Evans and Co-Chair Heather Heidelbaugh released an official statement on Judge Bork's passing:

The Republican National Lawyers Association mourns the loss of Judge Robert H. Bork (1927-2012). Bork was a Marine Corps veteran, Yale Law School professor, acting Attorney General, Solicitor General, D.C. Circuit judge and United States Supreme Court nominee. Our condolences go to Mary Ellen Bork and his loved ones. He will be missed.

I would like to close by reversing what happened in 2005 at the Inaugural Luncheon. I will close with Ted Olson speaking on Judge Bork:

When the Senate in 1987 defeated President Reagan's nomination of Robert H. Bork for a seat on the Supreme Court, it blocked the appointment of one of the most superbly qualified individuals ever advanced for the court. Judge Bork had been a Marine, a distinguished professor at two of the nation's finest law schools, a partner in a respected law firm, solicitor general of the United States and a judge on a leading federal appeals court. He was the father of three children, a widower remarried to a former nun. He was a widely acclaimed scholar, respected as a brilliant, penetrating thinker and a formidable advocate. In an obituary, The New York Times, one of his archest critics, acknowledged that "no one questioned his integrity or intelligence."

None of that mattered to the 58 senators who blocked his appointment to the Supreme Court. He was savaged and then rejected in one of the sorriest chapters in American political history.

Those of us fortunate enough to know Bob Bork, the person, know that he was in many ways the very antithesis of the devil the liberals created. He was admired, respected and loved because he was warm, compassionate, generous, accessible, kind and very charming. Of course he was capable of an acerbic commentary on some aspect of modern culture or a sardonic takedown of a pretentious politician. Most of all, though, he loved life and lived it to the fullest, relishing intellectual challenges and enjoying his family, books, ideas, his incredibly lovely wife, Mary Ellen, and, of course, martinis.

Robert Bork, unfortunately, will be remembered in history books as the source of the verb "to bork," meaning to attack unfairly and dishonestly one's political foes. Those who knew him, learned from him, laughed with him, admired him and were inspired by his wit, wisdom and humanity will remember instead the man, the professor, the judge and the most loyal and engaging friend anyone could have.

Judge Bork will be missed.

Obomination: First Lady Cries Wolf

Maya Noronha — Fri, 21 Dec 2012 13:14:00 GMT

For the first time, it’s not Barack who is the subject of an Obomination. It’s Michelle.

On the Tom Joyner radio program, the First Lady said, “voter suppression was in full force in so many states all over this country.” A false cry of voter suppression is one tactic used by radical activists who oppose voter identification laws. It appears Michelle Obama is now taking up the mantle of her husband who said in 2005 on the floor of the Senate that ““Today, the poll tax is taking on a new form—a photo identification requirement for voters.”

At the Senate Judiciary Committee hearing this week, Senator Grassley chastised those who use outrageous rhetoric about voter ID laws because it will “trivialize sufferings of millions of Americans denied the right to vote.”

Grassley is right, and his comments are relevant here. Sadly, Mrs. Obama has joined the ranks of those who minimize the tragic ordeal of others. Those sufferings were horrible – lynchings, bombings and bloodshed. No one should diminish their gravity… especially not the First Lady of the United States.

A joint statement of seven chief election officials – an endeavor that has never before taken place – criticized Michelle Obama for her “baseless attacks” on voter ID and other election reforms. Kris Kobach of Kansas, Ken Bennett of Arizona, Brian Kemp of Georgia, Scott Gessler of Colorado, Jason Gant of South Dakota, Mark Martin of Arkansas and Tom Schedler of Louisiana made the statement, which cited statistical evidence from their states that turnout was not negatively impacted by voter ID. In fact, very small proportions of voters came to the polls without identification and even fewer did not return to present identification later so their provisional ballots would be counted.

Asking for identification at the polls in 2012 is not the same as a poll tax. To make such a comparison is disrespectful to those who actually faced poll taxes and Jim Crow.

What Happened in the 2012 Election? Ask Election Officials

Maya Noronha — Thu, 20 Dec 2012 13:41:00 GMT

At yesterday’s Senate Judiciary Committee hearing, Democrats tried to perpetuate a fiction of voter suppression conducted by the GOP. Nothing could be further from the truth. State election officials testified, refuting such outrageous claims with indisputable data from their states.

Iowa Secretary of State Matt Schultz and Arizona Secretary of State Ken Bennett testified at the hearing yesterday about the experiences of the election in their states. Schultz reported an “increase in voter participation” with voter ID. Unfortunately, voters report that “lack of confidence” in the electoral system as a reason why they do not vote. Schultz has been persevering to pursue vote fraud, by referring cases to a new special state agent who solely investigates such crimes. He referred thousands of cases, and the prosecutor has started to file charges.

Schultz explained how he has been diligently working with Democrat attorney general Tom Miller in Iowa. Miller has said, “zero voter fraud and zero voter intimidation is the goal.” Schultz agrees. However, the hyper-partisan Obama administration has stood in the way of states like Iowa gaining access to the Department of Homeland Security SAVE database to accurately determine whether voters are currently citizens and thus eligible to vote.

Bennett asserted that voters have “a right to know that their vote is not cancelled out.” He reports that Arizona has maintained an almost 75% voter participation rate, even after the 2006 law requiring ID and proof of citizenship. He also reported that just now, cases are being prosecuted for the 2008 election, and demonstrated that there is vote fraud committed in the state of Arizona. He explained that each county removes hundreds of fraudulent voter registrations from the rolls because the individuals checked the box indicating that they cannot serve on juries because of their noncitizenship status.

No other chief election officials testified at the hearing. Instead, leftwing politicians (including a political opportunist) and a radical liberal activist were the witnesses called by the Democrats to defend voter suppression.

Senator Grassley rightly declared that to call voter ID a poll tax is to “trivialize sufferings of millions of Americans denied the right to vote.” Furthermore, Grassley said the obvious: “fraud does exist.” But he criticized those – which includes Senator Dick Durbin – whose “only response is denial.”

Senator Nelson and former Governor Crist spoke about the experience of Floridians in the 2012 but suspiciously failed to mention the widespread voter suppression effort that was targeted against Republican voters. Bogus official-looking letters were sent only to registered Republicans in Florida telling them that they were ineligible to vote; such claims were not accurate at all and the letters were not sent by the Florida Division of Elections although they appeared to be. The Democrats at this committee hearing failed to mention this horrible election tactic because it does not fit into their story of Democrat voter suppression by a vast right wing conspiracy.

The data presented by chief election officials across the country and the news stories of vote fraud (available here at the RNLA website), it is clear that vote fraud is a problem and voter ID does not suppress the vote. But some people are not interested in facts.

Charlie Crist: The Political Opportunist

Michael Thielen — Wed, 19 Dec 2012 09:22:00 GMT

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This morning, Republican, then independent, now Democrat Florida political opportunist Charlie Crist will testify in front of the Senate Judiciary committee on “voter suppression.” Unfortunately he will not be talking about true voter suppression like that committed by the New Black Panthers in 2008 or the continuing efforts of many Democrats to suppress the military vote, a big issue in a state with a large military voting population like Florida. No, Crist will be talking about the made-up non-existent topic of Republican “voter suppression.” Why? Charlie is a Democrat now and wants to get in the good graces of the Democrat party.

Some may respond that Charlie has never been a believer in vote fraud. That is not true. Check out this 1998 story of a younger State Senator Charlie Crist. Crist favored increased criminal penalties for vote fraud at that time.

But Charlie Crist started speaking against vote fraud in earnest in 2008. Why? In 2008, then Florida Governor Charlie Crist was bitter at John McCain for not choosing him as his running mate. First, here’s some important background about the political opportunist named Charlie Crist. Crist switched his endorsement from moderate Rudy Giuliani to the more conservative Senator McCain in the Florida primary in 2008. Most agree this was a key to both eliminating Guiliani and propelling McCain to the Republican nomination. Crist, quite reasonably, who was aided in his run for Governor by Guiliani and was closer politically to the more moderate Giuliani, felt that McCain owed him.

After McCain chose Alaska Governor Sarah Palin as his running mate, Crist was of no help at all. It was so bad he seemed to be looking for excuses to distance himself from McCain, as was noted at the time:

Charlie Crist, the popular Florida governor, decided to go to Disneyland rather than attend a McCain rally.

Even Obama-supporting Time magazine noted in understated fashion, “as well as the fact that McCain passed him over for the vice-presidential slot . . . seems to have made Crist a less than ardent McCain campaigner this fall.”

Crist struck back at the time by not campaigning “ardently” for McCain in Florida but also being the only Republican I can remember at the time that defended the corrupt vote fraud organization ACORN. ACORN was a major issue in the 2008 campaign, both for their tactics and violations of law, and for the fact that President Obama was an ACORN supporter and in a very real sense “grew up” politically in their bosom, working for the ACORN-affiliated Project Vote. Again from Time:

Nor did it help last week when McCain, complaining about the admittedly boneheaded voter-registration tactics of left-leaning activist groups like ACORN, somewhat petulantly suggested that Democrat-engineered voter fraud could cost him Florida on Nov. 4. Crist later called that notion exaggerated, saying that in the closing days of a campaign "there are some who enjoy chaos."

To disagree with McCain on the corrupt and easy political target of ACORN was a slap in the face of McCain that was needless. But Crist went one step further: Crist even worked with Democrats to extend early voting hours. Regardless of what one thinks of the merits of the move in retrospect, the fact that Crist only worked with people in the Democrat Party on the move is telling.

Charlie Crist has an unfortunate history of using voting issues to get back at people. I am sad that Senator Leahy would consider him remotely credible on this issue. But Democrats should keep in mind that the political opportunist who is Charlie Crist will strike back at them just like he did McCain when it is in his political self-interest.

Wisconsin Prosecutors Investigate Fraudulent Voting by SEIU

Maya Noronha — Tue, 18 Dec 2012 14:48:00 GMT

Service Employees International Union (SEIU) organizer Clarence S. Haynes is being investigated for fraudulently voting in Wisconsin in the April 2011 election for a Wisconsin Supreme Court seat. Haynes, a Floridian, is not a Wisconsin resident and left the state shortly after voting.

Haynes reportedly voted along with two other SEIU organizers in Glendale, Wisconsin on April 5, 2011. All three listed a hotel as their address when voting: a Residence Inn.

Prosecutors with the Milwaukee County District Attorney’s Office have subpoenaed SEIU’s Washington, D.C. office for documents. According to court documents, prosecutors assert that “there is probable cause to believe that Mr. Haynes voted without the proper qualifications as an elector when he cast a ballot on April 5, 2011.”

Seven Secretaries of State Criticize First Lady’s Claims About 2012 Election

Maya Noronha — Mon, 17 Dec 2012 17:55:00 GMT

Seven chief state election officials criticized First Lady Michelle Obama for making “baseless attacks” against voter identification laws and ignoring the evidence that there was not voter suppression due to such laws.

The Secretaries of State defended voter ID by citing statistics in states with photo voter ID laws that indicated, “No voter is impeded from voting. And more voters become engaged in their elections because they have greater confidence their votes will be counted accurately and not cancelled out by illegal votes. That is why Americans overwhelmingly favor photo ID and other election security measures.”

Michelle Obama commented on the Tom Joyner radio program that “voter suppression was in full force in so many states all over this country.” Many state chief election officials disagree. Voter ID did not suppress turnout, as can be seen by the last election in Arizona, Kansas and Georgia. Kris Kobach of Kansas, Ken Bennett of Arizona, Brian Kemp of Georgia, Scott Gessler of Colorado, Jason Gant of South Dakota, Mark Martin of Arkansas and Tom Schedler of Louisiana were those who signed the statement.

Mrs. Obama, ‘let’s move’ to a stance you might actually be able to defend.

Obomination: Obama’s Hypocrisy General

Maya Noronha — Fri, 14 Dec 2012 10:05:00 GMT

Attorney General Eric Holder declared that “the desire to achieve an electoral advantage must never trump our democratic values.” Holder and the Obama administration really mean they are interested in protecting Democratic Party values. In accordance with partisan objectives, the Obama administration has failed to protect military voting rights, dismissed a serious voter intimidation lawsuit, aggressively opposed state voter ID laws and refused to conduct voter list maintenance.

Political appointees by Obama have taken partisan stances, instead of faithfully upholding the fair administration of election law. The Department of Defense’s Inspector General’s report found that voting assistance offices on many military bases were not accessible, which is a failure of the political appointee to FVAP. The lawsuit against club-wielding, military-attired, screaming Black Panthers at a Philadelphia polling place was dismissed by Obama’s political appointees. Despite support for granting preclearance of the South Carolina voter ID law among career-level (non-political appointed) lawyers, radical Obama political appointees at the DOJ stepped in again to block the law. And in the DOJ, a voting section chief ordered lawyers to ignore the requirement that provision of Voting Rights Act that required list maintenance – removing dead, noncitizen and nonresident voters.

In a recent speech at the John F. Kennedy Presidential Library, the Holder cited favorably a study by the MacArthur Foundation to create “national voting standards.” The Department of Justice is hypocritical to ask state and local jurisdictions to uphold standards when the DOJ refuses to uphold federal standards like voter list maintenance? Holder also argued for “automatic, portable registration” but fails to identify the security problems with proposals such as internet voting and admit to the concerns about fraud associated with universal registration.

Democrats’ interest in staying in power through elections has been trumping the rule of law. That’s an Obomination.

The Last Frontier: Voter ID in Alaska

Maya Noronha — Thu, 13 Dec 2012 14:04:00 GMT

Alaska State Representative Bob Lynn wants to bring voter ID to the last frontier. He is proposing a photo voter ID law for the state. Lynn said, “I think precautions are prudent to guard the electoral process.”

Lynn is an Anchorage House member and chairman House State Affairs Committee. Lynn had proposed a voter ID bill in 2011. That bill, House Bill 162, was referred to the State Affairs Committee and the House Judiciary Committee, but did not get in a hearing the 27^th legislature. Lynn indicated that voter ID was not a priority then, but is now. Lynn said, "It'll be one of the first bills we hear."

Alaska is no stranger to impersonation. Former Anchorage police officer Rafael Mora-Lopez, a Mexican living illegally in the U.S., impersonated Rafael Alberto Espinoza, a U.S. citizen. He pled guilty to federal charges of passport fraud and illegally claiming to be a citizen and was fired from the police department.

In close elections, fraudulent votes could be deciding ballots. Alaskans know this personally. Democrat Mark Begich beat Ted Stevens by less than 4,000 votes in 2008 for the United States Senate seat. Democrat Tony Knowles became governor by 583 votes. That’s why Lynn is now crossing this frontier, to ensure that illegal votes do not cancel out legal ones in Alaska too.

NAACP Leader Disenfranchises Nineteen Voters

Maya Noronha — Wed, 12 Dec 2012 14:56:00 GMT

NAACP coordinator for northwest Ohio and past president of the Toledo chapter of the NAACP WilliAnn Moore disenfranchised voters. She violated state election laws and all the ballots she interfered with were ultimately not counted.

Moore took 19 ballots of voters to the county board of elections. Relatives or voters themselves are required to hand-deliver absentee ballots in Ohio. The elections board ended up disqualifying all 19 ballots on the advice of the Ohio Secretary of State's office.

Moore also took a Democrat state Senator (Edna Brown of Toledo) with her to register voters at the Corrections Center of Northwest Ohio. Although she took a Democrat with her, she claims she was not attempting to register Democrat voters.

Lucas County Election Board member Jon Stainbrook said, “The people that voted I'd like to know how they feel. Do they know their votes weren’t counted? There are voters that were disenfranchised by this action, because the chain of custody was basically violated."