In Bailey, et al v U.S., et al, SCOTUS docket 16-1464, Petitioners bring an action for an independent investigation of the 2016 election and, if Russian interference in the election affected the outcome of the election, an Order the election be declared void. Disclosure: I am counsel for Petitioners in Bailey, 16-1464.
A frequent question: why the need for an independent investigation when Special Counsel Robert Mueller was appointed on May 17?
As previously noted,…
Added by Mark Small on September 26, 2017 at 6:00am — No Comments
In Memphis on 4/3/68, Rev. Dr. Martin Luther King said, in his last speech: “Somewhere I read that the greatness of America is the right to protest for right.” On 5/17/57 at the Lincoln Memorial, Dr. King said, “So long as I do not firmly and irrevocably possess the right to vote I do not possess myself.”
I quote Dr. King because his life’s work for civil rights was inextricably tied with the right to vote.
The right to vote is the foundation for all of our rights. The most…
Added by Mark Small on September 25, 2017 at 7:03am — No Comments
Morgan Freeman and Rob Reiner are great and courageous to have formed the Committee to Investigate Russia. Mr. Freeman stated we “have been attacked” and that we “are at war.”
The evidence of Russian attacks on our 2016 elections is beyond serious question. Russia hacked voting software in at least 21, and perhaps as many as 39, states; paid people in the Trump campaign; and weaponized the internet.
Russian President Vladimir Putin hates democratic principles and systems.…
Added by Mark Small on September 24, 2017 at 6:00am — No Comments
Under 1976 Federal case, half the case for voiding the 2016 elections already has been met. At the very least, we need an independent investigation of the election.
Former Secretary of State Clinton was wrong when she said no mechanism in the Constitution exists to remove a President in office through collusion with a foreign power.
In 1976, a U.S. District Court held such action is within the equitable jurisdiction of the court. Donohue v Bd of Electors, 435 F.Supp 957…
Added by Mark Small on September 23, 2017 at 6:30am — No Comments
Yesterday, a person commented to me, “You can’t reverse history.”
The comment was made in regard to the 2016 elections and Bailey v U.S., docket 16-1464, a case before the U.S. Supreme Court (“SCOTUS”) in which I am counsel for Petitioners who seek an order to nullify those elections. As grounds to nullify, the Petition cites case authority, admissions by the officials named as Respondents that Russia interfered in the election, and acts of treason and a cyber invasion by Russia…
Added by Mark Small on September 22, 2017 at 6:14am — No Comments
“Give up or ‘fess up.”
A California lawyer e-mailed that to me about the challenge to the 2016 election via a Petition for Writ of Mandamus before the Supreme Court. I infer from his eloquent statement he “disses” my argument that the Supreme Court has the authority to void an illegal election (as a District Court held in 1976) under its equitable powers. Const. Art. III, sec.2.
He did not return my phone calls.
No one will debate me on the issues in Bailey, et al v…
Added by Mark Small on September 21, 2017 at 6:18am — No Comments
In five days, the only legal action to seek an order void the 2016 elections due to Russia’s interference and its collusion with Trump’s campaign is set for conference. The case might “die” on the decision of one law clerk.
Disclosure: I am counsel for Petitioners in Bailey, et al v U.S., et al, docket 16-1464.
In an article titled, “End of Summer Conference: Where Appeals Go to Die,” NYT Aug, 31, 2015, Adam Liptak, who covers the Supreme Court for The New York Times,…
Added by Mark Small on September 20, 2017 at 6:30am — No Comments
The only action, in any court or legislative body, to seek nullification of the 2016 election is before the U.S. Supreme Court (“SCOTUS”). Bailey, et al v U.S., docket number 16-1464, is set for conference next Monday, September 25.
Disclosure: I am counsel of record for the Petitioners in Bailey, 16-1464.
The case seeks to remedies, or actions, from SCOTUS.
Long-term remedy is nullification of the election due to Russian interference (acknowledged by Trump, Pence, and…
Added by Mark Small on September 19, 2017 at 6:43am — No Comments
In 1787, delegates met in Philadelphia to make corrections to the Articles of Confederation—the document under which this country was governed after the Revolution. James Madison was a delegate. Referred to by some as the “Father of the Constitution,” he arrived in Philadelphia with a plan for a new government.
The delegates wrote The Constitution outside the bounds of the authority given to them by Congress. They were to make corrections to the Articles—under which little could…
Added by Mark Small on September 18, 2017 at 7:06am — No Comments
“Live,” each morning, in a short video I discuss, and take questions about, Bailey v U.S., Supreme Court docket # 16-1464.. Yesterday, a person thought the video, and the header chosen for it—“Get off your butts”—were rude.
In the video I said I’d be glad to debate any “pundit” or Con Law scholar who has opined Petition in Bailey has no merit. I asked each person who believes, at minimum, an independent investigation be conducted, to get off her or his butt and send the same…
ContinueAdded by Mark Small on September 16, 2017 at 7:00am — No Comments
PEOPLE—YOU NEED TO GET OFF YOUR BUTTS! Ah—that is a non-scholarly way to start a blog about a case before the United States Supreme Court.
Why do I write these blogs each day in the lead-up to the 9/25/17 SCOTUS conference? The Justices need to be aware the public supports an independent investigation in a case before SCOTUS that seeks to void the 2016 election.
One would think such a case would have received some mention is what people call the main stream media. Radio…
Added by Mark Small on September 15, 2017 at 5:59am — No Comments
Laurence Tribe is a professor of constitutional law at Harvard Law School. He has weighed in on the question of whether the United States can void the results of the hacked, illegal election of 2016, as Kenya did in regard to its election in August. Professor Tribe simply said that, under our Constitution, we “do not roll that way.”
In the 1970s my fraternity brothers gave me a rough time because I could not “roll.” Today, because of the comments of others and posts on the…
Added by Mark Small on September 14, 2017 at 6:25am — No Comments
Government is “of the people, by the people, and for the people.” Those who enforce the law are supposed to obey the law.
Past administrations were criticized for nepotism; e.g., President Kennedy in his selection of his brother, Robert, as Attorney General. RFK had a bachelor’s degree from Harvard, a J.D. from University of Virginia, was counsel for committees in Congress, and went after and Successfully prosecuted organized crime figures.
Few Americans had heard of…
Added by Mark Small on September 13, 2017 at 7:09am — No Comments
American distrust of those in power is woven into The Constitution. Cynicism about politicians is a deeper distrust that seems more recent.
American audiences always, it seems, have trusted magicians. Magic tricks only work by sleight of hand and suspension of the audience’s disbelief. The audience focuses on the right hand, while the real “trick” is performed by the left hand
Yesterday a member of Russia’s legislature bragged that Russian intelligence stole the American…
Added by Mark Small on September 12, 2017 at 7:45am — No Comments
Disinformation, a/k/a lying, can be effective in a war or a dispute. In World War II, General Eisenhower used the ruse of a General Patton-led attack on the Pas-de-Calais to fool the Germans to believe Allied invasion of Europe would not be at Normandy. The Allies went so far as to create decoy tanks of canvas-over wood frames to throw off Luftwaffe reconnaissance.
Former “chief strategist” for Trump Steve Bannon has GOP leaders in Congress seek to nullify the 2016…
Added by Mark Small on September 11, 2017 at 5:43am — No Comments
The original Constitution—the blueprint for our national government written at the 1787 Convention in Philadelphia in the summer of 1787, before the ten Amendments of the Bill of Rights were added—is a short document. One book about the Convention contains it in an appendix that covers 14 pages. My pocket edition (a present from, and autographed by Rupert Boneham, Libertarian Party candidate for Indiana Lieutenant Governor in 2012), spans 20 much smaller pages.
There are lawyers…
Added by Mark Small on September 7, 2017 at 6:30am — No Comments
A coward is “one who lacks courage to meet danger or difficulty.”
In a case before the U.S. Supreme Court, Petitioners ask the results of the 2016 election be declared void, in part, as “To the extent that Donald Trump obtained the Office of President of the United States with the assistance and interference of actors or agents of the government of Russia, has acted in office in such a way as to benefit Russia, and thus has adhered to the government of Russia, Mr. Trump obtained…
Added by Mark Small on September 5, 2017 at 9:10pm — No Comments
In Bailey, et al v. United States, et al, docket 16-1464, a Petition for Writ of Mandamus before the U.S. Supreme Court, Petitioners ask for independent investigation of the 2016 elections and, if it is determined Russia’s interference in the election affected the outcome, the election be declared void.
To set aside the results of an election, the procedures for which have been used for nearly Two Hundred Thirty (230) years, Petitioners’ burden of proof is significant, as it should…
Added by Mark Small on September 5, 2017 at 7:36am — No Comments
Among objections, to a Petition for Writ of Mandamus for removal from office of a sitting President, I have read, is that only two (2) mechanisms exist to that end:
(1) The Framers of the Constitution, in 1787, created impeachment (Art. II, sec. 4):
(2) Amendment XXV, sec. 4, added in 1967, provides for removal if the President is “unable to discharge the powers and duties of his office...”
The Framers addressed many contingencies, but also institutionalized and protected…
Added by Mark Small on September 4, 2017 at 6:26am — No Comments
A case before the U.S. Supreme Court—the only legal action to seek an independent investigation of our country’s 2016 election—seeks also, if collusion occurred between Russia and the GOP campaign for President, an order the election be declared void ab initio. Bailey, et al v U.S., et al, is set for conference on September 25, 2017. The Petition cites treason, among other grounds, as how the relatively few votes needed in “swing” states to grab the Electoral College were flipped.…
ContinueAdded by Mark Small on September 3, 2017 at 12:51pm — No Comments
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