Category Archives: Constitution

Subjects relating to the US Constitution.

Menendez NJ Recall Update: The Tea Party Goes to Court

by Liberty Chick on BigGovernment.com

It’s Not About the Recall, It’s About the First Amendment

Review of case briefs, case law research, and consultation with a number of attorneys, judges, and legal professionals contributed to the writing of this article.

menendez


UPDATE: Oral argument in Committee to Recall Robert Menendez v. Nina Wells, Secretary of State et al. has been rescheduled for Tuesday, March 2 at 10:30 a.m. in the Appellate Courtroom on the 5th floor of the Richard J. Hughes Justice Complex, 25 Market St., Trenton.  (Due to the snow in NJ)

View announcement at NJ Courts website


Tea Party activists might be smarter than some would like to think.  And depending upon the outcome of a court case later this month, they might also play a role in setting legal precedent.

When New Jersey state election officials denied their submission to initiate a recall effort against U.S. Senator Robert Menendez, calling it unconstitutional, a grass-roots recall committee’s constitutional instincts kicked into full gear.  Attorneys for the committee, themselves Tea Party activists, filed to appeal the agency decision and began writing their supporting brief.

Meanwhile, seemingly everyone was now weighing in as a legal expert.  Some insist the decision is simple:  NJ has no constitutional authority to recall a US Senator; despite what its state constitution says, that authority is reserved for the federal government alone.  For weeks now, legal scholars, political pundits and the media have been chattering online about the case, now before the Appellate Division in the Superior Court of New Jersey, some treating it more like a sideshow and an outlet to take pot shots at Tea Partiers than a legitimate court proceeding with real constitutional significance.

But Dan Silberstein and Richard Luzzi, attorneys for the Committee to Recall Robert Menendez, a committee initiated by members of the Sussex County Tea Party, see this case in an entirely different light.  They insist this case is not about whether a recall order from the state is judicially enforceable against a United States Senator, rather, it’s all about protecting the first amendment right to free speech. And they are taking the matter very seriously.  Based upon recent developments in the case, apparently so are several others, including some high profile legal experts and the courts.

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Filed under congress, Constitution, Election, menendez, Recall

Judge Approves Appeal of Menendez Recall Decision to Move Forward

UPDATE: Oral argument in Committee to Recall Robert Menendez v. Nina Wells, Secretary of State et al. has been rescheduled for Tuesday, March 2 at 10:30 a.m. in the Appellate Courtroom on the 5th floor of the Richard J. Hughes Justice Complex, 25 Market St., Trenton.  (Due to the snow in NJ)

View announcement at NJ Courts website


Will Hear Oral Arguments February 26th, American Civil Rights Union to Join Appeal

Mercer County, New Jersey – February 6, 2010.

A NJ Superior Court Appellate Judge has granted an emergency motion to fast-track the appeal of a committee seeking to recall a United States Senator.

In a two-part order issued late afternoon on Thursday, February 4th, Judge Edwin Stern granted the committee’s motion to accelerate their appeal and scheduled oral arguments for Friday, February 26th. In the same order, the Judge also granted approval for the American Civil Rights Union (ACRU) to participate in the appeal as amicus curiae (friend of the court), in response to an emergent application filed by the ACRU.

The case stems from a January 11th final agency determination by NJ state election officials, in which the Secretary of State denied a Notice of Intention and proposed petition filed by the Committee to Recall Robert Menendez. Former Secretary of State Nina Wells wrote in the letter,

“It has been determined that the qualifications and election of a Member of the United States Senate is a matter of exclusive jurisdiction of federal authority and that neither the United States Constitution nor federal statute provide for a recall proceeding for a federally-elected official…Therefore, in my capacity as the Chief Election Official of the State of NJ, I hereby determine that neither the Notice of Intention to Recall nor the proposed Petition can be accepted for filing or review.”

Members of the Sussex County Tea Party formed the recall committee and had filed the Notice back in September, 2009, hoping to move onto the phase of petitioning the public for signatures in support of requesting a recall election.

Dan Silberstein and Richard Luzzi, attorneys for the committee, have challenged the state’s decision, contending that the issue at hand is not one of whether the State has the power to issue a judicially enforceable recall order of a U.S. Senator, as the respondents maintain, but it is a question of first amendment rights.  Their brief reads in part,

“Can the State [of NJ], after amending its Constitution and passing legislation to guarantee its citizens access to a formal, State-endorsed mechanism to foster collective “core political speech”, deny its citizens access to that mechanism because of the content of their political message?”

While the constitutionality of a 1995 amendment to NJ’s state Constitution that granted citizens the power to recall federal officials may be open to debate, there has never been any federal court decision holding that the States do not have the power to recall their Senators.  Some might contend that it is premature to determine the enforceability of a State’s recall order before a ruling on it has ever been issued.

Due to its potential broader constitutional implications, the case also attracted the attention of the American Civil Rights Union.  Peter Ferrara, General Counsel for the ACRU, recently sought approval from Silberstein and Luzzi to participate in the appeal as amicus curiae, and they were happy to oblige.

The ACRU was founded in 1998 by Robert B. Carleson, long time policy advisor to President Reagan, as a non-partisan, non-profit 501(C)(3), legal/educational policy organization dedicated to defending constitutional rights. Its policy board includes former US Attorney General Edwin Meese III; Pepperdine Law School Dean, Kenneth Starr; and former Assistant Attorney General for Civil Rights, William Bradford Reynolds, among many others.  In addition to the public interest in this matter regarding the functioning of our democracy and the constitutional rights of the citizens of NJ, the ACRU also maintains that the recall of US Senators is a matter of broad, national public interest across the entire country. It plans to file a brief addressing the right of recall in NJ under the law of the state of NJ, the Constitution of NJ, and the US Constitution.  For more information on the state’s provisions for recall, visit recallcongressnow.org

Oral arguments will be heard by Appellate Division Judges Stern, Graves, and Sabatino at 10:00am on Friday, February 26th in Mercer County, NJ.

Follow NJ Recall Now, Sussex County Tea Party, or  NJ Tea Parties United for more on this case.

Download Briefs:

Brief, Attorneys for Senator Robert Menendez

Brief, NJ Attorney General for Secretary of State and Director of Division of Elections

Brief, Attorneys for the Committee to Recall Robert Menendez

Legal Contact:

Dan Silberstein, Esq.

Email: dsilberstein@dpspc.com

Sussex County Tea Party Contact:

RoseAnn Salanitri, Founder (Branchville, NJ)

Email: roseann216@gmail.com

Attorneys for Respondents:

Paula Dow, Acting Attorney General of NJ, on behalf of respondents [former] Secretary of State and the Director of the Division of Elections

Angelo Genova, of Genova Burns and Marc Elias, of Perkins Coie, LLP,  attorneys for Senator Robert Menendez

The Committee to Recall Robert Menendez from the Office of U.S. Senator v. Nina Mitchell Wells, Esq., Secretary of State, and Robert F. Giles, Director of the Division of Elections; Appellate Docket No. is A-2254-09 T1.

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Filed under congress, Constitution, elections, First Amendment, menendez, Recall, Secretary of State, Senate

Is New Jersey’s State Constitution Unconstitutional? Campaign to Recall Senator Menendez Turns Into Battle of the Constitutions

by Liberty Chick on BigGovernment.com

New Jersey’s State Constitution is unconstitutional.  That’s apparently what one New Jersey election official seems to think.

A committee seeking approval from the state to petition registered voters on whether to move forward with a special election to recall US Senator Robert Menendez was denied that request, in a letter on January 11th which stated that the US Constitution does not provide for such a proceeding.

But in 1993, the people of New Jersey overwhelmingly voted to reserve for themselves “the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress” (emphasis added), and in 1995 made this amendment to their state constitution under Article I, 2b.

This has left many New Jersey voters wondering why Secretary of State Nina Mitchell Wells, a member of the Executive Branch, not the Judicial Branch, would take it upon herself and her position to declare the NJ state Constitution unconstitutional.  After reviewing the committee’s preliminary appeal statement, a judge in the Superior Court of NJ Appellate Division has just issued an order allowing a motion to accelerate the appeal.

ninawells

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Filed under congress, Constitution, corzine, Election, Lawsuits, menendez, New Jersey, Recall, Secretary of State, tea parties, voter registration

The 9.12 Project Brochure is now available!

912brochureI recently finished creating a brochure / pamphlet for The 9.12 Project.  It’s 8.5″ x 11″ and double-sided format with a vertical fold, to make it 4.25″ x 11″ when folded.

It displays the 9.12 Project snake and its numerical representation of the values and principles on the front (and continues across the back).  And it asks  “Are YOU a 9.12er”?

On the inside, it lists the 12 values, the 9 principles, and an introduction of The 9.12 Project and its purpose.  In addition, the brochure briefly emphasizes the founding fathers’ intent for America’ system under “People’s Law” and defines the vertical separation of powers as defined by Thomas Jefferson (also listed on the back of the brochure).  This helps to outlay the reasoning for less government, and more dependence upon personal responsibility and community in taking care of one another.

Please feel free to download, print and distribute freely as you wish!

The brochure is located on the 9.12 Project Member Resources page under the Original Graphics & Brochures heading.  It is available in both .jpg and .pdf formats.  Contact me directly if you need the Photoshop files instead.

Enjoy!

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Filed under Constitution, The 912 Project, the912Project

My First 100 Days: A Philosophical Revolution Against Apathy

The Background, The Lead-up, and The Revelation

What I’ve Done in My First 100 Days, a List
UPDATED 10/9/2009 for the next 100 days!

Throughout the 2008 Presidential election period, I was concerned about the direction in which both candidates were headed. Either represented an expansion in government – one a little bit more, one a whole lot more. This was a difficult election for me, and for many other like-minded individuals who believe in the principles of limited government and free market principles. Nonetheless, when the outcome was decided, I was determined to keep an open mind and see how things progressed. If anything, I did at least share in the pride that America seemed to be making a huge step toward putting racial inequality behind us.

During this time, it just so happened that I was home recovering for several months after a spinal surgery, capable of doing little else than sleeping, reading or watching television (trust me, it gets boring,

The Stimulus Bill Debate

The Stimulus Bill Debate

real fast). Throughout January and February, my eyes were glued to C-SPAN as I followed the debates on Capitol Hill over the Stimulus Bill, then the budget and omnibus bill, as well as the congressional hearings on the bailouts, and AIG, and GM and Chrysler. When I wasn’t watching C-SPAN, I was reading the Stimulus Bill – every single page of it, in every version (yes, I know, probably the ONLY one who actually read the bill!). The more I focused my attention on what was going on in Washington DC, the more passionate I became about the issues. What I was witnessing was an expansion of government that, in my opinion, was unprecedented. Worse yet, the rapid pace at which it was occurring and the sheer negligence of the methods in which it was being undertaken was nothing short of irresponsible.

By this time, it was no longer curiosity or interest, but a sense of duty that I felt to remain engaged in the issues and the proceedings in which they were being debated. I began calling people – family, friends, co-workers – and telling them what was being debated on the House and Senate floors. I read to them so many of the details conveniently hidden away deep inside the legalese of the Stimulus Bill that I recognized to be the equivalent of radical, sweeping policy changes. At first, most people insisted that I must be misinterpreting the language, dismissing my concerns and saying “oh, they can’t do that…that’s not going to happen.” I began to feel like “Chicken Little”, screaming for people to pay attention, even emailing media outlets almost daily, pleading with them to READ THE BILL and scrutinize it.

It was March when I truly realized for myself that this country is in trouble. I found myself struggling to define what it is that we need to fight against. And then it dawned on me; the threat isn’t from Democrats or Republicans, left wingers or right wingers. The threat to the very sovereignty of this nation is APATHY. It is apathy that we must fight. Too many Americans get behind “the hype” and support the “feel-good policies” of the day. Too few stop to analyze those and think about what they mean to our Constitution, to our free market principles, our liberties. I realized that I’d almost been one of those people who hadn’t really fully considered the implications, and pondered alternatives that, while perhaps harder to offer up, might be more appropriate for the nation as a whole and more in line with the very model of limited government that I’d supposedly stood behind.

It was then it dawned on me, with an almost eerie sense of sobering clarity, that it would be entirely up to us – the American people – to stop the insanity and help revive the nation’s respect for the Constitution.

I thought –
“We have to start a movement; we need a Revolution. Not one of weapons and soldiers, but a Revolution of minds, one of words and ideas. We need a philosophical Revolution. The only way we can drive the ‘right’ change is by changing views, changing perceptions, changing minds. We must fight Apathy with every bit of fervor as if it were crime, armed with information and education.”       And then I remembered two famous quotes:

“It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds.”   – Samuel Adams

“Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.” —Thomas Jefferson

And so it was that I decided to get involved, and I made it my first objective to find inspiration again in the history of our founding fathers, their writings and the Constitution, and the greatness of our country. As I became more motivated, I immediately recognized that there was a whole other additional component to what I could personally contribute to this movement.

Since I’m in Web Strategy and Marketing as a profession, I realized that the greatest impact I could have on the causes would be to leverage my background and skills to mobilize people and to equip as many of them as possible with the information, materials and tools to go out and do the same.

And so, with these two areas of focus I’d defined for myself, I embarked upon a journey that in its short lifetime thus far has taught me more than I’d ever learned in schools, and it has rewarded me with new friends, new respect for and from others, and enriched my life with a new found appreciation for everything that our country has to offer.

And with that, I share with you what I’ve done in My First 100 Days, and the next 100. It’s just a start. I hope to see these efforts grow tremendously in the next 100…and the next 100 after that. If every one of us did any or all of these things, imagine the real CHANGE there would be.

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My First 100 Days, a List

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  • First, I read important, relevant books: “The 5,000 Year Leap”, “The Making of America”, and “New Deal or Raw Deal? How FDR’s Economic Legacy has Damaged America”. I’ve re-read Thomas Paine’s “Common Sense”, and Adam Smith’s “The Wealth of Nations.” Many more will follow.
  • Then, I officially joined the Libertarian Party!
  • Most importantly, I created and launched libertychick.com.

    I established the “Liberty Chick” blog & website with the goal of empowering others with the information and the tools to become an advocate themselves, to inspire them to become engaged in the issues, to have the confidence to get involved, and to have the courage to challenge apathy. (For me personally, it was also a therapeutic means of doing something productive with my frustration).

    Through Liberty Chick, I’ve accomplished so much in just the initial days since it launched in April 2009 (Updates for the next 100 days are noted in red):

    • Articles, posts and references on issues relating to our Constitution and free enterprise have been viewed over 7,500 times  This has since increased to over 35,000 times.
    • About 1,500 912ers have come to The 9.12 Project Member Resources section on LibertyChick.com for resources in promoting their events or making their voices heard
      This has more than doubled since then.
    • Over 500 912ers have downloaded Tea Party talking points and graphics for their 4/15 events. More are planning for 7/4 events.
      At least 3,800 talking points documents, brochures and signs have been downloaded for tea parties and 912 Project events.
    • Over 1,200 912ers participated in the campaign to write to media sponsors in protest of media bias & irresponsible tea party coverage (or…um…non-coverage)
      This has also more than doubled since then.
    • Nearly 1,500 have followed my special series of research on ACORN, SEIU and their related affiliations.  Since then, there have been more than 13,000 visits to ACORN posts alone, and there have been about 3,000 downloads of ACORN related research documents.
    • In its short lifetime, Liberty Chick has so far been a wonderfully productive outlet. I’ve turned my daily reading, researching and reviewing into an online outreach tool to share my findings with others and to publicly exchange views on the issues. The site provides research sources, references, education & training resources, talking points and lots of marketing resources to visitors. Most of all, it encourages me to know that the site is helping others strategize online as e-activists, and provides additional means for them to harness the Internet to prepare for and promote their own events and activities.

And in parallel, here are some of the other things I’ve been able to do to help drive change in the “right” direction:

  • In addition to joining The 9.12 Project, I’ve joined several local 9.12 Project networks, as well as joined 10 additional cause-related groups whose causes range from protecting our free-market system, to promoting private-industry based Health Care reform, to empowering Conservative women in politics.  Since then, I’ve proudly taken on the added responsibility of NJ state representative for The 9.12 Project.
  • I’m on Twitter! I’m now actively and productively utilizing Twitter as Liberty_Chick, to engage other 912ers and like-minded individuals in discussion about the issues of today. And I’m especially proud to contribute to the fight of others who need strength in numbers to battle their cause, like ACORN Whistleblower Anita Moncrief for instance, with whom I (and many other bloggers) jointly share and distribute research and posts to engage others in her fight against political corruption and manipulation of the system.  I’ve of course since added Facebook and Ning to my social networking arsenal.
  • I’ve signed and promoted multiple petitions, ranging from Redress of Grievances, to fighting the “Employee Free (Forced) Choice Act”, to fighting to Stop ACORN from Accessing Taxpayer Dollars, and more.
  • I’ve written numerous letters to Congress and the White House, sharing my personal stories on issues such as Health Care and taxes, and expressing my views on policies regarding the Stimulus Bill, out of control spending, government intervention in the free-markets system & the unnecessary expansion of government, Cap and Trade, and Health Care reform. I’ve also written letters to my utility companies and the state Board of Public Utilities regarding forced “weatherization & energy assistance programs”, and letters to all of my respective insurance companies and the state Department of Banking & Insurance regarding my Health Care Insurance, Car Insurance, and Homeowner’s Insurance. (Dept. Of Banking & Insurance, by the way, actually resolved for me a $100,000+ dispute with my health care insurer – the proper role of government!).
  • Every day, I make it a point to post constructive comments on at least 3 to 5 websites promoting causes that are harmful to our free-market system, harmful to our Constitution, or simply un-American. I post comments that constructively outline my views, providing examples or supporting facts behind my comments. There needs to be healthy debate out there, and every single one of us can easily contribute to that by doing the same, even if you have little time to do much else.
  • I’ve helped several other 912ers get started online, assisting them in their efforts to create their own websites and/or hosting and promoting their events and activities. And judging by the emails that I receive from Liberty Chick visitors, I suspect that many others have been able to utilize some of the tools in The 9.12 Project Member Resources section to help themselves create their own websites.
  • I’ve created the 912 Project of NJ website to give NJ 912ers a central location from which to connect with one another and find their local chapters. The Liberty Chick website serves as the educational outreach & marketing resource to the NJ 912 Project site.
  • I’ve joined on with the NJ Tea Parties United, a coalition of tea party and 912 Project groups from counties all across the state of NJ, serving in a consulting / partner role of sorts to help provide organizing and networking assistance to the individual county groups as requested, as well as to the statewide committee
  • I can’t even count the number of new groups and organizers with whom I’ve formed networking relationships.  All I can say is that when this started in March of 2009, I received maybe 40 emails per day.  Now, I receive anywhere from 150 to 400 emails per say, and I participate in at least 2 conference calls and speak to at least 5 or 6 individual organizers every week. That’s a good indicator that more Americans are waking up!
  • I’ve created a variety of 912 Project brochures for use by any chapter, as well as created custom marketing materials for a number of individual groups that were in need of volunteer design and content assistance.
  • I attended several town halls to voice my concerns (and found no need to yell!), attended numerous marches and tea parties, and am helping to organize more events as we speak.  Two of those events include “Making of America” seminars and 5,000 Year Leap series.
  • I’ve appeared on the Glenn Beck program twice to support our fellow 912ers. (Maybe one day I’ll actually get to talk about a topic or two!)
  • I’m moving mindsets by making music.
    One last mention: As an ancillary benefit to all this, I’ve also found a new sense of inspiration again that I’d feared had burned out long ago. I’ve been a musician and artist all my life – having dedicated the first 25 years of my life, including my college education, to my “other” career as a classical flutist. One of my loves has always been performing and recording patriotic music, which has unfortunately dwindled significantly in its popularity since my days as a child. But this period in history, and my own dedication to reigniting a sense of patriotism, have both sparked a new sense of creative inspiration for me. I’m once again learning to enjoy the power of music and to appreciate the talents that I’ve been so lucky to develop; I’m motivated again to put those talents to good use and to give back to others who may enjoy the same emotional connection to our country through the power of patriotic music. I’ve just begun putting some plans together to start mobilizing musicians to help us change mindsets through patriotic music again – just like the parade days I enjoyed as a child.

My First 100 Days has been a busy 100 days. My next 100 has been even busier. And I’m sure I probably forgot many things. But as I said, it’s only a start. I look forward to all the rest of my days ahead of me, both the good days and the bad. In the end, I want to look back on them as days that made a difference.

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Filed under Bailouts, Budget, Congress Alert, Constitution, Economy, education, First 100 Days, Government Size, Libertarian, obama, Presidential Budget, radical, Revolution, Small Government, Socialism, stimulus, tea parties, The 912 Project, the912Project, Uncategorized

ACORN, Fed Census Bureau Docs Obtained. Be afraid.

Judicial Watch, the public interest group that investigates and prosecutes government corruption, obtained yesterday a collection of documents and emails – 126 pages worth – detailing exactly what level of involvement ACORN will have in the 2010 Census, and what role a “Partner” for the US Census Bureau plays. It was obtained under threat of a Freedom of Information Act lawsuit. (Yeah, you go Judicial Watch!!!)

PDFDownload the full
126-pg document

After I read through all of the documents, I was left more confused than anything. And probably more disturbed than before.  The majority of the emails between the Census Bureau employees and other internal agencies indicate that most seem to be  less interested in getting to the truth, and far more concerned about

“the need to be able to counter the chorus of critics trying to allege that there is widespread likelihood that census takers could breach the public trust.” (pg 111, Jeri Green, Chief, Census Advisory Committee Office)

Another email, from Kevin Griffis, even seems to imply that there may be some political pressure being placed on Congress members who dare to voice their concerns.  In response to the letter that Senator Richard Shelby of Alabama wrote to President Obama on March 20, 2009, Mr. Griffis advised staffers this:

“Seems like there needs to be some political outreach to Shelby’s office. Who does that? Also, let’s make sure to monitor this paper this weekend.”

(The paper referenced is the Huntsville Times of Alabama, which had published a story referencing Shelby’s letter and his concerns).

And then, there’s this email that seems more concerned with perpetuating the myth that any concerns over ACORN are just manufactured by Rush Limbaugh and the Republicans:

Click to enlarge

Click to enlarge

The end result of all this back and forth between staffers and agencies is a single message at which they arrived to provide their employees receiving incoming calls “from angry callers” and for the media (specifically for Fox News, according to their rather biased written gripes, if you asked me).  That set of talking points, addressing who’s eligible and who’s not for Census Partners:

Click to Enlarge

Click to Enlarge

And then, they refer to the points that are provided with the program materials for Census Partners, indicating what roles a partner may play in the US Census.  Here is ACORN’s application, indicating the role they will play in the Census:

Click to Enlarge

Click to Enlarge

The Census Bureau’s official statement on ACORN’s role in the Census:

“Any charge or claim that a Census Bureau partner could influence or have direct input into census operations is baseless and inaccurate. The sole entity that will be conducting the 2010 Census is the U.S. Census Bureau, along with its hundreds of thousands of dedicated workers. Period.

“Further, the Census Bureau has strict quality assurance prcedures in every operation to prevent the introduction of errors and/or fraudulent information into the national count.

The Census Bureau remains committed to producing an accurate 2010 census count–counting everyone once, only once, and in the right place.”

Be Afraid. Be Very Afraid.

(No, I mean it…consider ACORN a group to be fearful of, and they can’t be eligible as a Census Partner)

Well, here are my own personal follow-ups on this:

  1. After reading the documents and seeing the manner in which internal Census Bureau and other agency employees interact with each other in response to a mere Fox News story, I am not encouraged that even the Census employees really understand what the ACORN concerns are all about, nor do they seem to care in the slightest about restoring the confidence of the American people.  It’s easily discernable simply from the tone of their official statement above. Any public figure who ends a statement by spelling out the word “period” is being nothing but defensive. Last I checked, the claims were against ACORN, not them. (However, now I wonder…)
  2. While the Census Bureau repeatedly insists that ACORN will have no ability to influence ANYTHING in the Census, the claim seems a bit disingenuous.  Any partner, according to their own materials, is asked to, among other things “Encourage employees and constituents to complete and mail their questionnaire…send an endorsement to members, chapters or affiliates…volunteer or participate in Census sponsored events.”  By their very nature, these activities put ACORN members and volunteers in contact with those who will be receiving and completing census questionnaires. It gives ACORN the opportunity to speak to those recipients, verbally or in writing. It gives ACORN the opportunity to try and influence the way that recipients should answer their questions. Given that ACORN is publicly running several campaigns to influence the redistricting of several congressional districts in an effort to better influence the outcome of federal funding awards and policy decisions in their favor.
  3. Given that its own employees speak about enforcing “some political outreach” to members of Congress who try to speak out about their concerns with ACORN, I doubt that Congress will make any headway with any investigation of ACORN, whether it’s related to the census or not. So much for the will of The People.
  4. The Census Bureau defines a partner ineligible to participate if it is “a hate group…or if it is a law enforcement, anti-immigration group, or any group that might make people fearful of participating in the census.”

Regarding #4:

First, I’d call ACORN a hate group. Their good intentions have far been overshadowed by the forceful, mob tactics used in programs like “Muscle for the Money” and by the reverse racist rhetoric against any person who is not a minority and questions in any way their fundraising and bookeeping practices.

But more importantly, I will be fearful of participating in the census if any person from ACORN comes to my door, even if only for pre-census counting activities, as the bureau claims.  I do not want ACORN at my door, ever.  Therefore, I will not participate in the census if ACORN is involved.  If that means I’ll need a lawyer, then so be it.  Now, to whom must I write my letter???

Hat Tip: Judicial Watch

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Filed under ACORN, Budget, Campaign Finance, Congress Alert, Constitution, corruption, donation, donor, fraud, front group, Inside the White House, Labor Unions, Left Wing Alert, obama, Project Vote, radical, SEIU, shell game, Uncategorized, voter registration

Dear Attorney General, I Decline!

Tell the Prez to Find Another Pawn

A letter to Eric Holder from Andrew C. McCarthy, the man who prosecuted “the Blind Sheikh”, 1993 World Trade Center bombing.  Scathing. This one’s going in my “classics” file.

Originally Published on the National Review Institute website.

May 1, 2009

By email (to the Counterterrorism Division) and by regular mail:

The Honorable Eric H. Holder, Jr.
Attorney General of the United States
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C.  20530-0001

Dear Attorney General Holder:

This letter is respectfully submitted to inform you that I must decline the invitation to participate in the May 4 roundtable meeting the President’s Task Force on Detention Policy is convening with current and former prosecutors involved in international terrorism cases.  An invitation was extended to me by trial lawyers from the Counterterrorism Section, who are members of the Task Force, which you are leading.

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Filed under Constitution, defense, guantanamo, national security, obama, terrorism

My 9/11 Story: Why Fear IS Necessary

This is a long post, with a very personal story, and I warn you that the September 11th portion has some slightly graphic content. But it’s my family’s story, our account of the day when we lost many friends, and nearly my brother. Following it are my attempts to make sense of what America has been doing to itself, and finally finding some sense and a perfect explanation of why “being nice” and apologizing regularly will never change the minds of terrorists.

My Story: What I Learned on September 11th
Why Fear is Necessary

Where are the sensible voices?
A Letter from Andrew C. McCarthy to The ‘Honorable’ Eric H. Holder, Jr.

What I Learned on September 11th

I will never forget driving my car and circling around the exit ramp off Exit 36 of Interstate 287 in NJ that afternoon, on September 11th.  I think it was about 4:00 pm in the afternoon, and we had finally heard from my brother. The last time we’d heard his voice, it had been five or six hours ago. He’d been speaking frantically from his cell phone. He was running. It was difficult to understand him. Something about “zombies”, then “I saw it right from my window”, something about “finding somebody with a boat…no way out”, and then, “water balloons”.

My family gathered together at my mom’s house that day. One by one, we each just went there – I don’t remember planning it that way. We just went there.  We kept the news on television, and we stayed off the telephone as much as possible.  Of course, people kept calling though. Everyone was painfully aware that my brother worked at a trading desk for a Wall Street firm. We kept watching the news, not sure whether or not we were hoping to see him by way of the news…that could go either way.  Nonetheless, we sat, horrified at what was unfolding on television. Only two hours before, I’d just settled into my office at work, getting ready for a conference call, when the person I was scheduled to call had called me first.  “Hey, doesn’t your brother work in the city as a stock broker or something?”, he asked on the other end.  “Yeah, why? You called me early for my brother?”.  There was a long pause, and no chuckle.  “You’d better call home.  Go check the wire, they’re flying planes into buildings – the twin towers. Just go check the wire, and go home. Call me later and let me know if everything’s OK.” Puzzled, I flung open my office door and someone happened to be standing there right at that moment, with an unknown man, toward the front of the building. She asked if I knew what was going on, referring to the man’s visit, and I shook my head.  I went to check the fax machines (the wire). At the time, I was working for a major research company, and we had a news service that still received automatic fax alerts from some outlets.

I don’t remember seeing any faxes there, but at that moment my cell phone rang. It was my mom. She was crying; no, she was hysterical.  She’d just heard from my brother and “he was in the middle of all of it when his phone went dead.”  I started crying; she was hard to hear with the cell service breaking up, so I hung up and called her from a speakerphone that was in the building’s lobby.  We conferenced in my sister. As people from my office started hearing what was going on, they gathered around the speakerphone to listen in while my sister played her television for us all. My sister was hysterical. I can remember looking around and seeing about 15 or so faces looking at each other, stunned and horrified. We all checked on each other’s loved ones, tracked down co-workers who were traveling, and sort of scurried about. I just remember being almost frozen with fear. And then the strange man asked me, “Maa’m, where can I find the person responsible for the computer networks for these facilities?” He showed me a badge, but I hadn’t even processed what was going on – I called the building manager, who came by in less than 2 minutes, and the two seemed to be expecting each other.  Both men looked around, then at me and said, “You kids should all go home. Be with your families. Everything will be OK.”

My co-worker and close friend drove me directly to my mother’s house. He came in to chat with my mom and try to help console her a little. 15 minutes later, he left to pick up his wife and be with his own family; soon after, they went down to a nearby medical facility to donate blood.  So there I sat, staring at the news on television, trying to piece together the last couple of hours.

Earlier that morning, my brother had gone to work like any other day. He took the PATH from his home in Hoboken into lower Manhattan.  He walked up the stairs through the terminal at the World Trade Center, and crossed the corner to enter his building.  He made his way up several floors to his office. Only minutes later, as he was looking out the window, the first plane flew right over his building as he watched it crash into the North Tower (WTC 1).  After the second plane crashed, he rushed to exit his building and ran out into the streets.  Just before 10:00 am, he was able to get through briefly to my mother from his cell phone.  She could only process bits and pieces of what he was telling her.  Then the phone went dead.  About another 30 minutes later, he got through again, but only for a minute. We really didn’t know where he was or whether or not he was safe.  We had just witnessed the towers collapsing, and we sat still, frozen with fear.  I could not even fathom what my brother was going through at the moment. We watched in terror as we saw people in Manhattan running from the debris, then running across the Brooklyn and Verrazano bridges on foot.  I will never forget the sounds of what seemed like hundreds of firemen’s beacons sounding their alarms all at once, en masse. I think it was then that my mother insisted she was going to drive into the city to try and find him and get him out of there. She’d soon find out that no roadways would allow her access into or out of the city.  She even insisted on trying to make her way to Hoboken or Jersey City, so that she’d at least be on the other side of the river.

Finally, we got a call from him in the late afternoon. He’d somehow ended up in Newark, and for reasons I don’t think we’ve ever clarified, he’d gotten some strangers to agree to drop him off on Interstate 287 at the exit for my mother’s town.  He was on his way, and I agreed to go pick him up alongside the highway, just near the exit ramp.  So here I was at 4:00 pm, driving my car up and down the street, in the vicinity of the highway exit ramp.  I finally pulled over and parked alongside the road, planning to get out of the car and walk up to the exit ramp. It was then that I saw him, walking just off the ramp, and I backed my car up to him and opened the door.  I don’t know that I even said much, but I know I was incredibly relieved to see him there in the flesh right next to me. A wave of exhaustion came over me, and suddenly, for the first time all day, I was able to hear clearly and to focus on the words that he spoke.

Still shaking from the events of the day, the first things he says to me are, “It flew right over us. I watched it. I just watched it crash right into it.  I…I…I couldn’t believe it. They just stood there. Like it was a movie. Looking up in the air. Like Zombies.  I told them to run but they wouldn’t. They just stood there, in the way. Like Zombies. I’m sure they’re all dead now. Zombies. Why?”  He continued on, telling me he knew there must have been be no way out, because the trains were gone…meaning, buried.  He said he’d talked to some locals about getting on a boat somehow to get out of the city and away from the area, until people finally found some available ferry spots and he was able to make it on board.  But it was what he said next that will forever remain in my mind, my ears, my imagination.  He was frantically stuttering, “Oh my God, they were jumping. They were jumping everywhere. I looked up, I didn’t know what it was. Ohhh, they were jumping. I couldn’t get around it. There was just stuff everywhere, all over the ground. Just pieces…pieces of…you know…body parts…oh my God.  I didn’t know what was happening…it was…I thought…Oh my God…I thought…I thought someone was dropping…I thought it was water balloons”.

To this day, my brother barely speaks of that day. Would you believe, he even returned to work – to the stock market, no less – only a week later, eventually even returning to the same building, spending every day overlooking the horror that was Ground Zero. But he has nightmares about watching people fall from heights.  He has bad dreams about skyscraper window-washers falling from their scaffolding.  He has fears that our country will forget about September 11th, because it will become taboo to mention it. He has fears that eventually, our government will stop worrying altogether about a future September 11th.  More importantly, I think my other family members, myself included, probably fear the latter more than he does. I refuse to live through another September 11th, and the US Constitution ensures me that right.

I do not support torture – there, that’s out of the way. But I DO support our nation’s common defense. Provision 5 of the Preamble to the US Constitution grants The People the RIGHT to be protected against all enemies, both internally and externally, who might seek to destroy the United States. The founders defined this as peace through strength, indicating that America must always stand at the ready for attack, that a display of strength of available force is necessary to deter even the thought of attack from most. Ben Franklin said of our defense during the Constitutional Convention:

“The way to secure peace is to be prepared for war. They that are on their guard, and appear ready to receive their adversaries, are in much less danger of being attacked than the supine, secure, and negligent.”

We must stop behaving as though there is nothing to fear. There is. There always has been, and there always will be, as long as we are the United States of America.

And you know what else?  My brother returned to work at the stock market only a week later. It was a sign of solidarity for the country at that time. We NEEDED the stock markets to return to work. My brother was scared to death to go back, but he did. He had to – for him, and for the country.  How is it that only 8 years later, we allow our own Congress members and the White House administration to vilify Wall Street workers?  How is it that we allow labor unions and ACORN to protest on Wall Street, calling for “Death to Capitalism”?  How can we allow progressives to openly campaign for capitalism t be replaced with socialism?  Have you any idea what people like my brother and our family have endured these last eight years? What has happened to us?

Today, my brother is unemployed.  For the first time in eight years, he won’t need to be viewing the memorial services from his office window.  And what do all the labor unions and progressives write to me when they read about my brother’s  story?  “Too bad he made it out, he’s worse than the terrorists.  Capitalist scum.  Tell him to enjoy his Funemployment.”

Classy.  This is what we’ve come to.  My relatives immigrated here from Lebanon and Syria, the other side from Iran and Poland, all to enjoy the American dream and the freedom for which we stand.  And now, somehow it’s a crime to aspire to be successful, and if you were working on Wall Street on 9/11, you’re somehow worse than the terrorists.

Rest in peace my friends, I miss you.  And for my brother I wish strength and peace, you will find it.  Those who wish ill will on what we stand for will never find either.

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Why Fear IS Necessary

I always struggle with my feelings whenever the issues of the day turn to terrorism and national security.  Not because I am torn on how the US should stand on defense against terrorism, I am not. But because I am torn – torn apart – by the ugliness and thoughtlessness of so many in our own country.  I am torn apart by the knee-jerk reaction from so many when even the mention of September 11th immediately translates in their minds to fear-mongering.  Worse, they’ve actually been *trained* to react this way – to use it as a political defense against any who would oppose President Obama’s policy on national security, which in his own words is “one of communication and negotiation”…to “encourage others to work with America”.  To put it bluntly, it’s as if those of us who were directly affected by that day have “used up our minutes”, so to speak.

And then the president said this yesterday:

“If we continue to make decisions within a climate of fear, we will make more mistakes. And if we refuse to deal with these issues today, then I guarantee you that they will be an albatross around our efforts to combat terrorism in the future.”

Do you know what?  This country does NOT HAVE ENOUGH FEAR.  It’s like America has forgotten about September 11th, like it’s a crime to remind anyone of that day. It’s as though progressives think that somehow the terrorists will change their views of America if we change our behavior and start being nice, talking out our issues instead of actively defending ourselves. Terrorists hate Americans because of our Constitution, our Liberty, our beliefs in natural law and unalienable rights, and what our way of life stands for. Nothing we say or do is going to change their views, not unless we change to a Socialized, Open Society form of government, where there is no Capitalism and there is no “American ally” to be involved in the affairs of countries like Israel. And while some might think that’s precisely the direction in which we should take America, I for one will NEVER support that.

Fear can be a good thing.  Henry H. Tweedy once said “Fear is the father of courage and the mother of safety.” Fear can drive people to discover courage they never knew they had, and it can teach them lessons that will never be forgotten. Fear should be respected, not criticized. Let me tell you a little bit about fear. My family learned valuable lessons about fear on September 11th, 2001, and this country should never, ever dismiss or diminish the impact that such a lesson can have on this great nation.

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Where are the sensible voices?

In my frustration to understand the decisions that this administration has been making regarding national security, and even more so to understand the criticism and harsh statements regarding “making decisions based on fear”, I went seeking some voice of reason that could help me to resolve these feelings of conflict, discontent, and frankly, depression I’m feeling.  I was encouraged by what I stumbled upon next.

It was a letter to Eric Holder, US Attorney General, in response to an invitation to participate in a May 4th roundtable meeting convened by the President’s Task Force on Detention Policy with current and former prosecutors involved in international terrorism cases. The letter was written by Andrew C. McCarthy, and it literally floored me (in a good way).

I’ll get to the letter in just a moment (and you MUST read it), but let me first explain who Andrew McCarthy is.

Andrew C. McCarthy was the chief assistant U.S. attorney in the Southern District of New York, before he retired from his position in 2003.  Mr. McCarthy was also the Recipient of the Middle East Forum’s Fifth Albert J. Wood Public Affairs Award in recognition of “courage and success in prosecuting the largest terrorism trial in the nation’s history.” That trial, of course, was United States v. Omar Ahmed Ali Abdel Rahman, the prosecution of the blind Sheikh in New York.  In addition to being the leader of Egyptian terrorist organization Al-Gama’a al-Islamiyya, which killed 62 people in the November 1997 Luxor massacre,  and his relationship with Osama bin Laden and role in Al Qaeda, Americans know Omar Abdel Rahman best for his 1995 conviction of conspiring to bomb the World Trade Center on February 26, 1993, which killed 6 and injured over 1,000 at the hands of Ramzi Yousef, nephew of Khalid Sheikh Mohammed.

In a 1997 article he wrote for the Middle East Quarterly, titled Prosecuting the New York Sheikh, Mr. McCarthy so eloquently stated his view on how the U.S. must respond to international terrorism. It struck me, because it is the same way that I feel, yet I am so often unable to express my view in the face of what is quite regularly nearly hostile opposition. He stated this:

“Appeasement does not work. Fundamentalist Muslims hate the United States and deem themselves at war with it. Worse, theirs is a permanent hostility, one that cannot be altered by clever diplomacy or rhetorical flourishes. They despise Americans for who they are and what they believe. They reject basic American principles — that the authority to rule comes from the people, who freely may choose their ideals and beliefs. This being the case, the terrorists’ enmity cannot be reversed without changing the basic character of what the United States is, without destroying all that is worth preserving.

Words may not deter but actions do. Terrorists need to feel American determination to pursue, punish, and contain them, so that their efforts never bear fruit and their brutality brings with it a cost they cannot pay. I believe their resolve will bend in the face of strength.

Americans need to be consistent in the international arena. A law-enforcement agency that would allow a criminal to improve his plea offer through the threat of extortion would sow chaos and likely forfeit its future ability to enforce the law. No less, a state that rewards rogue regimes with a place at the negotiating table guarantees that the law of the jungle, not the law of civilized society, will prevail. The government that negotiates with terrorist states encourages every terrorist that his methods work.

International peace, like domestic tranquility, is a product of strength and the common knowledge that force will be met with superior force. This real peace is much to be preferred to “peace processes” that indulge the fantasy of slowly reasoning with terrorists while the toll of civilian death grows ever larger.

No one is free to send out a call to arms against the United States without consequence. When the caller demonstrates the wherewithal to make good on his threats, a great country need not wait to be ambushed before acting. The terrorist knows only two responses: strength and constancy; or weakness and appeasement. Americans must make the correct choice.”

And now, the Letter:

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A Letter from Andrew C. McCarthy to The ‘Honorable’ Eric H. Holder, Jr.

The following is a letter that Andrew McCarthy wrote to Eric Holder, US Attorney General, in response to an invitation for Mr. McCarthy to participate in a May 4th roundtable meeting convened by the President’s Task Force on Detention Policy with current and former prosecutors involved in international terrorism cases.

May 1, 2009

Andrew C. McCarthy

May 1, 2009

By email (to the Counterterrorism Division) and by regular mail:

The Honorable Eric H. Holder, Jr.
Attorney General of the United States
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C.  20530-0001

Dear Attorney General Holder:

This letter is respectfully submitted to inform you that I must decline the invitation to participate in the May 4 roundtable meeting the President’s Task Force on Detention Policy is convening with current and former prosecutors involved in international terrorism cases.  An invitation was extended to me by trial lawyers from the Counterterrorism Section, who are members of the Task Force, which you are leading.

The invitation email (of April 14) indicates that the meeting is part of an ongoing effort to identify lawful policies on the detention and disposition of alien enemy combatants—or what the Department now calls “individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.”  I admire the lawyers of the Counterterrorism Division, and I do not question their good faith.  Nevertheless, it is quite clear—most recently, from your provocative remarks on Wednesday in Germany—that the Obama administration has already settled on a policy of releasing trained jihadists (including releasing some of them into the United States).  Whatever the good intentions of the organizers, the meeting will obviously be used by the administration to claim that its policy was arrived at in consultation with current and former government officials experienced in terrorism cases and national security issues.  I deeply disagree with this policy, which I believe is a violation of federal law and a betrayal of the president’s first obligation to protect the American people.  Under the circumstances, I think the better course is to register my dissent, rather than be used as a prop.

Moreover, in light of public statements by both you and the President, it is dismayingly clear that, under your leadership, the Justice Department takes the position that a lawyer who in good faith offers legal advice to government policy makers—like the government lawyers who offered good faith advice on interrogation policy—may be subject to investigation and prosecution for the content of that advice, in addition to empty but professionally damaging accusations of ethical misconduct.  Given that stance, any prudent lawyer would have to hesitate before offering advice to the government.

Beyond that, as elucidated in my writing (including my proposal for a new national security court, which I understand the Task Force has perused), I believe alien enemy combatants should be detained at Guantanamo Bay (or a facility like it) until the conclusion of hostilities.  This national defense measure is deeply rooted in the venerable laws of war and was reaffirmed by the Supreme Court in the 2004 Hamdi case.  Yet, as recently as Wednesday, you asserted that, in your considered judgment, such notions violate America’s “commitment to the rule of law.”  Indeed, you elaborated, “Nothing symbolizes our [adminstration’s] new course more than our decision to close the prison at Guantanamo Bay….  President Obama believes, and I strongly agree, that Guantanamo has come to represent a time and an approach that we want to put behind us: a disregard for our centuries-long respect for the rule of law[.]”  (Emphasis added.)

Given your policy of conducting ruinous criminal and ethics investigations of lawyers over the advice they offer the government, and your specific position that the wartime detention I would endorse is tantamount to a violation of law, it makes little sense for me to attend the Task Force meeting.  After all, my choice would be to remain silent or risk jeopardizing myself.
For what it may be worth, I will say this much.  For eight years, we have had a robust debate in the United States about how to handle alien terrorists captured during a defensive war authorized by Congress after nearly 3000 of our fellow Americans were annihilated.  Essentially, there have been two camps.  One calls for prosecution in the civilian criminal justice system, the strategy used throughout the 1990s.  The other calls for a military justice approach of combatant detention and war-crimes prosecutions by military commission.  Because each theory has its downsides, many commentators, myself included, have proposed a third way: a hybrid system, designed for the realities of modern international terrorism—a new system that would address the needs to protect our classified defense secrets and to assure Americans, as well as our allies, that we are detaining the right people.

There are differences in these various proposals.  But their proponents, and adherents to both the military and civilian justice approaches, have all agreed on at least one thing:  Foreign terrorists trained to execute mass-murder attacks cannot simply be released while the war ensues and Americans are still being targeted.  We have already released too many jihadists who, as night follows day, have resumed plotting to kill Americans.  Indeed, according to recent reports, a released Guantanamo detainee is now leading Taliban combat operations in Afghanistan, where President Obama has just sent additional American forces.
The Obama campaign smeared Guantanamo Bay as a human rights blight.  Consistent with that hyperbolic rhetoric, the President began his administration by promising to close the detention camp within a year.  The President did this even though he and you (a) agree Gitmo is a top-flight prison facility, (b) acknowledge that our nation is still at war, and (c) concede that many Gitmo detainees are extremely dangerous terrorists who cannot be tried under civilian court rules.  Patently, the commitment to close Guantanamo Bay within a year was made without a plan for what to do with these detainees who cannot be tried.  Consequently, the Detention Policy Task Force is not an effort to arrive at the best policy.  It is an effort to justify a bad policy that has already been adopted: to wit, the Obama administration policy to release trained terrorists outright if that’s what it takes to close Gitmo by January.

Obviously, I am powerless to stop the administration from releasing top al Qaeda operatives who planned mass-murder attacks against American cities—like Binyam Mohammed (the accomplice of “Dirty Bomber” Jose Padilla) whom the administration recently transferred to Britain, where he is now at liberty and living on public assistance.  I am similarly powerless to stop the administration from admitting into the United States such alien jihadists as the 17 remaining Uighur detainees.  According to National Intelligence Director Dennis Blair, the Uighurs will apparently live freely, on American taxpayer assistance, despite the facts that they are affiliated with a terrorist organization and have received terrorist paramilitary training.  Under federal immigration law (the 2005 REAL ID Act), those facts render them excludable from the United States. The Uighurs’ impending release is thus a remarkable development given the Obama administration’s propensity to deride its predecessor’s purported insensitivity to the rule of law.

I am, in addition, powerless to stop the President, as he takes these reckless steps, from touting his Detention Policy Task Force as a demonstration of his national security seriousness.  But I can decline to participate in the charade.

Finally, let me repeat that I respect and admire the dedication of Justice Department lawyers, whom I have tirelessly defended since I retired in 2003 as a chief assistant U.S. attorney in the Southern District of New York.  It was a unique honor to serve for nearly twenty years as a federal prosecutor, under administrations of both parties.  It was as proud a day as I have ever had when the trial team I led was awarded the Attorney General’s Exceptional Service Award in 1996, after we secured the convictions of Sheikh Omar Abdel Rahman and his underlings for waging a terrorist war against the United States.  I particularly appreciated receiving the award from Attorney General Reno—as I recounted in Willful Blindness, my book about the case, without her steadfastness against opposition from short-sighted government officials who wanted to release him, the “blind sheikh” would never have been indicted, much less convicted and so deservedly sentenced to life-imprisonment.  In any event, I’ve always believed defending our nation is a duty of citizenship, not ideology.  Thus, my conservative political views aside, I’ve made myself available to liberal and conservative groups, to Democrats and Republicans, who’ve thought tapping my experience would be beneficial.  It pains me to decline your invitation, but the attendant circumstances leave no other option.

Very truly yours,

Andrew C. McCarthy

cc:        Sylvia T. Kaser and John DePue
National Security Division, Counterterrorism Section

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Filed under Constitution, defense, extremism, guantanamo, Inside the White House, islamic extremism, Left Wing Alert, national security, obama, pandering, terrorism, The 912 Project, Uncategorized

ACORN Part III: From Rathke in New Orleans to Ratner in New York

It’s finally been updated. Go to the new post here!

The connection between SEIU, ACORN, Bertha Lewis, Bruce Ratner, Forest City Ratner companies, the NY Times, a $1.5 million payoff, the Atlantic Yards project, Al D’AMato, millions in federal stimulus money and much more…

It’s finally been updated. Go to the new post here!

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Filed under ACORN, Bailouts, Campaign Finance, Congress Alert, Constitution, corruption, donation, donor, Economy, front group, Inside the White House, Labor Unions, Left Wing Alert, obama, radical, SEIU, shell game, Socialism, stimulus, The 912 Project, Uncategorized, voter registration

ACORN Part I: Rathke, ACORN, SEIU, the Tides Foundation, Oh My!

This is Part I in a multi-part set of posts. When you’ve finished reading this post, be sure to follow up with
Part II: Anna Burger and the Change to Win Story.

A library of all supporting documents, plus other records and reports, can be found at:
The ACORN Money Trail
(also includes records for SEIU, America Votes, Tides Foundation and more)

First, Some Introductory References on Wade Rathke:

Wade Rathke is the Chief Organizer of ACORN International, Founder and Chief Organizer of ACORN (1970-2008), and Founder and Chief Organizer of Local 100, Service Employees International Union.  He is also a Board Member of the Tides Foundation, a well-known left-supporting organization, also well known to Barack Obama.

What is the structural connection between ACORN, SEIU and the Tides Foundation?  And what does it have to do with Barack Obama? First, it appears there’s somehow a *real* connection between organizations, if you start just by looking at Rathke’s own website:

waderathke1

And Now, Let’s Begin the Story

In 2000, Dale Rathke, brother of ACORN founder Wade Rathke, allegedly embezzled $1 million dollars from the ACORN organization. In an effort to help Wade Rathke hide his brother’s crime and keep the scandal a secret, Tides Foundation founder and Rathke’s fellow board member, Drummond Pike, is alleged to have funneled nearly $1 million dollars to ACORN through a front/subsidiary that was titled “Citizens Consulting Inc.” (which is also commonly known as Citizens Services Inc.”). Pike later admitted to reporters that he was in fact the secret donor, indicating he did so to try and protect the integrity of the organization.

It is interesting to note here that Citizens Consulting  Inc., (aka Citizens Services Inc. – CSI) will become headlines again during the 2008 Presidential election for Obama and the subject of a Congressional hearing.

acorn-vs-rathkeRead the 118 page package of court documents filed in “ACORN vs. Rathke”, which includes the ensuing battle between Marcel Reid, Karen Inman, two members attempting the protect and preserve the financial records so they could be openly audited, and the other ACORN board members, whose interest lies solely with keeping said financial records closed, which to most would imply a potential cover-up. The complaint deals specifically with the legal request for the books of Citizens Consulting Inc. (CCI) to be made publicly available to assigned auditors, to review an unauthorized payment schedule for Dale Rathke, and an “anonymous” donor payment made to CCI / ACORN for about $800,000 of the remaining embezzlement debt.  Marcel Reid, Karen Inman, and an additional insider, Anita MonCrief (later in this post) continue to fight to this day to try and have these books opened and the organization investigated once and for all, so that perhaps it can start anew someday without the corruption that they believe has poisoned its true mission.

Below are some of the connections that help visually tie some of the money, the power, and the “fronts” together. Larger maps are available by clicking on the images; interactive maps are available from muckety.com.

tides-map

acorn-tides

democracy-alliance-map

Check out the bonus association maps at the end of this post.  This is turning into “Six Degrees of Separation for Socialists”.

**Go to www.muckety.com to create your own interactive association maps.**

The New York Times had then reported that the Tides Foundation has provided more than $400 million dollars since 2000 to various far left outlets, a good portion of that to ACORN affiliates alone.  The Tides funds come partially from federal grants, as well as elite donors like George Soros, Theresa Heinz Kerry, and The New World Foundation.  At that time, Tides stated that Drummond Pike was on a “leave of absence” from their board; but shortly thereafter, they established an office in CA at The Presidio with George Soros’ friends, Democracy Alliance – Drummond Pike, Treasurer and Anna Burger, Vice-Chair. The Tides Foundation had also insisted that none of their money ever went to ACORN.

tides2b

However, those claims of not having ever provided any money to ACORN aren’t exactly true, even if you exclude the Drummond Pike “donation”. Right in plain sight on the Tides Foundation website are some of their prior Grantee lists.  These are grants made up of primarily federal government dollars, some of which are then given to ACORN affiliates. Here is just a sampling of some of the ACORN grants indicated in those very lists from the Tides Foundation:

ACORN-grantees

CLICK HERE TO VIEW THE MONEY TRAIL – FINANCIAL RECORDS, REPORTS, COURT FILINGS

Fast forward a few years and there had been reports in 2008 that Obama himself had paid a very large sum of money to Citizens Services Inc. during his campaign. It was brought to light when an expenditure of nearly $900,000 by Barack Obama was reported to the Federal Elections Committee (FEC) for “sound & lighting equipment”, but was later officially amended after public attention and scrutiny was called to the expense and Obama had initially indicated it was recorded that way “in error”.

Despite the story having broken the news on a few occasions (originally researched by a blogger, msplaceddemocrat.com), including on Greta Van Susteren at Fox News, and in the Pittsburgh Tribune and The New York Times, it has always seemed to quiet down as quickly as it appeared.

Things seemed to get even odder the more that researchers, bloggers, reporters, and even just general American citizens started to try and make their own sense out of the connections. The twists and turns and number of names involved was just overwhelming and confusing. But one thing always stuck out like a sore thumb. One address:

1024 Elysian Fields Ave

New Orleans, LA

70117-8402

Phone: 504-943-5954

Noticeably, these are some of the other companies registered at the same address; some even sharing the same staff names, all registered under Wade Rathke or some other known ACORN affiliation:

  • A. Corn
  • Acorn Community Labor Organizing Center
  • Acorn Community Land Association‎
  • Acorn Housing Corp Of Illinois
  • Acorn in New Orleans
  • Acorn Institute
  • Acorn National Broadcasting Network
  • ACORN NATIONAL CALL
  • Acorn Tenants Union‎
  • Action Research
  • Affiliated Media Foundation
  • AFFILIATED MEDIA FOUNDATION MOVEMENT
  • American Environmental Justice Project Inc‎
  • American Home Day Care Workers Association
  • AMFM, T
  • Arkansas Institute for Social Justice‎
  • Citizens Consulting Inc.
  • Citizens Services Inc.
  • Dale Rathke
  • Gregory Fitch
  • Institute for Social Justice Inc.
  • JOANNE ACORN
  • Labor Link
  • LEE, MARIE A
  • LITTLE, ROCK NEW
  • Missouri, Tax J
  • PERC Express Reserve
  • Phoenix Organizing and Support Center, Inc.
  • Project Vote
  • PUGH, LITTLE ROC
  • Service Employees Intl Union
  • STREET, F
  • TAX J MISSOURI
  • Voting for America‎
  • Wal-Mart (yes, really…)
  • Wal-Mart Organizing Project
  • WHIPPLE, WILLIAM

ElysianFields1

ElysianFields2

^ Not exactly a HUGE office park type of building that would house dozens of different companies…

CLICK HERE TO VIEW THE MONEY TRAIL – FINANCIAL RECORDS, REPORTS, COURT FILINGS

acorn3

But by March of 2009 if would finally begin to make a little bit of sense, as hushed chatter of the New York Times burying a big ACORN-Obama story during the election became, well, not so hushed anymore. Much of this is sort of “old news” now, but someone still needs to go back and and tie up the old connections & money trail with the new ones. Stimulus cash is going to many of these ACORN affiliates. And since there are legal investigations underway in several states, like the one that follows here, the cash doesn’t usually go directly to ACORN. In fact, ACORN will repeatedly insist they are getting no cash directly from the Obama administration. And so they wouldn’t be lying, not quite. 

One needs to go back to 2000 and earlier to tie together the money trails of past and present.

Up On Capitol Hill

Then, there was public testimony on the complaint filed by HEATHER S. HEIDELBAUGH, ESQUIRE, who on October 29, 2008, had “represented a candidate, voters and the Republican State Committee of the Commonwealth of Pennsylvania in a preliminary injunction before the Commonwealth Court in Harrisburg, Pennsylvania against ACORN and The Secretary of the Commonwealth. The Complaint alleged violations of the Pennsylvania Election code, Fraud and Misrepresentation and Violation of Equal Protection and Due Process.”

View the filed complaint here.

On March 19, 2009, Ms. Heidelbaugh testified on Capitol Hill to members of the House Judiciary sub-committee about the complaint and her concerns regarding ACORN, as well as concerns relating to a potential cover-up by some of the media.

Ms. Heidelbaugh testified that she’d worked with an informant/witness by the name of Ms. Anita Moncrief ,who apparently came forward with pertinent information related to the Obama Presidential campaign and its practices, primarily through its connections to ACORN and some of its subsidiaries. It has been publicly acknowledged by Ms. Heidelbaugh that Ms. Moncrief was fired from ACORN for charging some of her personal moving expenses to her company credit card; Ms. Heidelbaugh and others still found her to be credible and without prejudice.

Ms. Heidelbaugh’s testimony included the following:

“…she [Ms. Moncrief] informed me that she had been a confidential informant for several months to the New York Times Reporter, Stephanie Strom, who had been writing articles about ACORN based on the information that she had provided.[page 81, lines 18-25] [Ms. Strom wrote the following articles about Acorn from July 9, 2008 to October 21, 2008: 1.) ‘Funds Misappropriated at 2 Nonprofit Groups’ July 9, 2008; 2.) ‘Head of Foundation Bailed Out Nonprofit Group After Is Funds Were Embezzled’ August 16, 2008; 3.)’Lawsuit Add to Turmoil for Community Group’ September 9, 2008; 4.) ‘On Obama, ACORN and Voter Registration’ October 10, 2008; 5.) ‘ACORN Working on Deal to Sever Ties with Founder’ October 15, 2008; and 6.) ‘ACORN Report Raises Issues of Legality’ October 21, 2008.] The New York Times articles stopped when Ms. Moncrief, who is a Democrat and a supporter of the President, revealed that the Obama Presidential Campaign had sent its maxed out donor list to Karen Gillette of the Washington, DC ACORN office and asked Gillette and Ms. Moncrief to reach out to the maxed out donors and solicit donations from them for Get Out the Vote efforts to be run by ACORN. Upon learning this information and receiving the list of donors from the Obama Campaign, Ms. Strom reported to Ms. Moncrief that her editors at the New York Times wanted her to kill the story because, and I quote, “it was a game changer”. That’s when Ms. Moncrief telephoned me on October 21, 2008. Ms. Strom never wrote another article about ACORN for the New York Times for the remainder of the period before Election Day, i.e. November 4, 2008.”

Ms. Moncrief further provided written testimony stating that

“There was active cooperation between ACORN’s political wing and Project Vote…[They] basically had the same staff. Nathan Henderson James was the strategic writing and research department…director of ACORN and he was the research director of Project Vote. Zach [Polett] was the executive director of Project Vote and the executive director of ACORN political. All of the organizations and the entities worked together. We shared the same space.” Further, Ms. Moncrief testified: “…there’s no real separation between the organizations for real. So when you have the same people that are working, that are—like, I was getting paid through Project Vote’s checkbook, but I was working on ACORN stuff. I even did PowerPoints during the midterm elections for Jeffrey Robinson where they were like, okay, don’t vote for Albert Win (ph) or vote for this person. And they had doorknob – door hangers that they would go and put on people’s doors, and we turned this into a PowerPoint presentation. So there was never any division between the staff where you would say, okay, this is (2)(3) stuff and this (c)(4) stuff. It was just—I don’t want to say business as usual, but it was a lot of collaboration between the organizations.” [page 89, lines 21-25, page 90 1-25, page 91, lines 1-3].

Ms. Moncrief also continued in written testimony, [page 25, line 10 et seq.]

“…ACORN is a member organization. It has…the national branch. But…the local offices…try to be self sustaining…when I was working in the DC office, I would hear all the time, if we don’t increase our membership, we won’t meet payroll…[The] money in the accounts for the local offices was determined by how many members they had on bank drafts or that they were going out in the community and collecting money from.” ACORN, however, also has many affiliate organizations with whom it associates and for which the legal relationship to is unclear. Ms. Moncrief testified [page 26, line 4] “the number [of affiliates] changes all the time. To the best of my knowledge, it’s got to be at least over 170. The last number I heard was 176, but its constantly changing.” ACORN refers to its affiliates as “the council of organizations.” [page 26, line 10-11]. In addition to the affiliates, there are state ACORN’s and city branches of ACORN. Ms Moncrief testified [page 26, line 17-23]: “Well, often they say ‘state ACORN,’ its more like we’re represented in let’s say Pennsylvania and then they’ll have three or four off-shoot offices, depending on the counties or where there’s the most population.”

‘ACORN and Project Vote targeted particular individuals and entities to solicit donations. [page 58, line 20]. These included: 1.) maxed out presidential donors; 2.) the billionaires club i.e. Herb Sandler, the Rockefellers; and 3.) the millionaires club i.e. Patricia Bowman, the Bowman Foundation, Wellspring, and Sykes. The donor list from the Obama Campaign that was provided to ACORN/Project Vote was admitted into evidence during the Injunction hearing.’

Read the entire official Congressional testimony to get the full testimony; it’s got all the details.

On March 13th, 2009, Anita MonCrief herself authored a very interesting blog post, which discusses her inside experiences with what she perceived to be as blatant manipulation of the system. She discusses issues regarding ACORN’s role in the sub-prime mortgage crisis, and the tactics used by the organization to shake down lenders and other financial institutions.  Also discussed are the organization’s strategic goals to place ACORN at the center of driving major social change in the United States through citizen participation.  Not only are these objectives clearly outlined in documents that Ms. Moncrief has seen herself, but there are a multitude of sources available online in public records and search engines that confirm Ms. Moncrief’s claims.  Presentations given by union organizations like AFL-CIO and SEIU, as well as union activist groups like “Jobs with Justice”, consistently push talking points that promote socializing America by way of organizing unions, low-income and minority groups into big political buying power brokers.

“By growing the number of people who can join or form unions (over 60 million workers say they would join a union if they could), workers will be able to organize politically in drastically larger numbers…” –Jobs with Justice “People’s Bailout” Organizing ToolKit

ACORN & Project Vote share this address

ACORN & Project Vote share this address

739 8th Street, SE Suite 202, washington dc

739 8th Street, SE Suite 202, washington dc

At union conventions, leaders like Anna Burger and Andy Stern frequently discuss their plans to significantly increase union membership and to work with ACORN and other partners to create a sheer force of political power large enough to influence the political leaders elected to office. They teach members to despise the term “free markets” – a founding principle of this nation’s very fiber and our Constitution. They discuss plans to “squeeze the corporate elite”, to “kill capitalism” and to “turn America back over to its rightful owners: our hard working union employees”. They also mention popular political platforms through which to leverage a chance to change their job market and unionizing opportunities, such as their plan to create green certification programs through which only union workers would get certified, thereby taking over those job opportunities and forcing corporations to either hire certified green union workers, or allow existing employees to unionize so they can become certified.

And ACORN executives are frequently all over the Internet and out in our own communities acknowledging their plans to work with America’s largest donors – the same donors on their “Obama donors list” – to change the face of America as history has known it.

After posting some interesting internal ACORN memos from Zach Polett and other ACORN executives, Anita Moncrief has been accused by Project Vote and ACORN of falsifying such information.  But really, there is so much out there in the realm of public records and diligent research to prove such claims – with or without Ms. Moncrief’s memos.  So I don’t think Project Vote and ACORN can really blame this entirely on her.  You can find the same evidence in transcripts and videos of SEIU conventions, old ACORN end of year reports, and presentations given at annual meetings.

Interestingly, after Rep. John Conyers (D-MI) publicly called for an investigation into ACORN, he quickly backed off after Rep. Jerry Nadler (D-NY), in a snippy tone, said he would do so only “if I ever hear ANY credible allegations”.  Credible allegations? You’re kidding me, right?  What else does this man need? Do we need to truck in some Teamsters union members, who are carrying in their arms some SEIU workers, who live in ACORN homes furnished by their $0 down payment “grant program” courtesy of Congress, that were financed through Fannie Mae?  Oh wait, that’s right, Anna Burger is President Obama’s econmic adviser now. So none of them has to answer to anything, ever again, it would seem.

See the Conyers/Nadler video below.

Bonus Association Maps

burger-rosenthal

This Post continues with ACORN Part II: Anna Burger and the Change to Win story.

Followed by ACORN Part III: From Rathke in New Orleans to Ratner in New York.

Also view the ACORN MONEY TRAIL – FINANCIAL RECORDS, REPORTS, COURT FILINGS, CAMPAIGN CONTRIBUTION REPORTS that are supporting documents for these posts.

A few other relevant URLs:

http://www.sourcewatch.org/index.php?title=Tides_Foundation
http://www.sourcewatch.org/index.php?title=Health_Care_for_America_Now
http://www.chieforganizer.org/
http://www.tidesfoundation.org/
http://www.seiu.org/changethatworks/
http://msplaceddemocrat.com/
http:/msplaceddemocrat.com/new-york-times-buries-acorn-story/

TAGS:

ACORN
ACORN Whistleblower
dale rathke
wade rathke
SEIU
tides foundation
Drummond Pike
Heather Heidelbaugh
Anita Moncrief
Stephanie Strom
Citizens Services Inc
Citizens Consulting Inc
FEC
1024 Elysian Fields
Affiliated Media Foundation
American Environmental Justice Project
American Home Day Care Workers Association
Institute for Social Justice
Labor Link
Muscle for the Money
Project Vote
Get Out the Vote
Karen Gillette
nathan henderson james
zach polett
health care for america now

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Filed under ACORN, Campaign Finance, Congress Alert, Constitution, corruption, donation, donor, fraud, front group, Inside the White House, Labor Unions, Left Wing Alert, Media Bias, obama, Project Vote, radical, SEIU, shell game, Socialism, stimulus, The 912 Project, Uncategorized, voter registration