Civil Discourse Now

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Mark Small's Blog – September 2017 Archive (24)

Subject matter jurisdiction is the Court's decision: 16-1464

   Last February I agreed to represent three pro se Petitioners—people without attorneys—in Bloomstein, et v Pence, et al, SCOTUS docket 16-907    .

   Immediately I was attacked by bloggers on a website that touts itself as a place where scams on the public are exposed. Most prominently, the website ripped into the “birther” movement—those (such as Trump) who claimed President Obama was ineligible for the office he held because he was not born on U.S. soil.

   I visited the…

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Added by Mark Small on September 29, 2017 at 7:01am — No Comments

Finally: someone has engaged in debate of 16-1464!

   Finally someone has posed thoughtful argument against the Petition in Bailey, et al v U.S., et al, United States Supreme Court (“SCOTUS”) docket 16-1464, the only action to seek: (1) independent investigation of the 2016 election and, (2) if Russia illegally affected the results, the election be declared void. The case was set for conference 9/ 25/17. Disclosure: I am counsel of record for Petitioners in Bailey.

   Attorney Mike Dunford posted under his name (not a pseudonym), and…

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Added by Mark Small on September 28, 2017 at 8:01am — No Comments

16-1464: People who oppose election legitimacy should unite

   Social media responses to Bailey, et al v U.S., et al, SCOTUS docket 16-1464 overall are positive. A frequent comment, “I did not know about this case,” is explained by absence of mainstream media (“MSM”) coverage. Disclosure: I am counsel of record in  Bailey, the only action to seek: (1) independent investigation of the 2016 election and, (2) if Russia illegally affected the results, the election be declared void. The case was set for conference 9/ 25/17. Disclosure: I am counsel of…

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Added by Mark Small on September 27, 2017 at 7:09am — No Comments

Mr. Mueller Could Be Appointed Special Master in 16-1464

   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, Special…

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Added by Mark Small on September 26, 2017 at 7:34am — No Comments

Mr. Mueller Could Be Appointed Special Master in 16-1464

   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,…

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Added by Mark Small on September 26, 2017 at 6:00am — No Comments

Dr King: w/o Right to Vote, I do not possess myself; SCOTUS case 16-1464.

   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…

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Added by Mark Small on September 25, 2017 at 7:03am — No Comments

Hey Morgan! Rob! SCOTUS case 16-1464 and you seek same ends.

   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.…

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Added by Mark Small on September 24, 2017 at 6:00am — No Comments

Half the Case in 16-1464 has been proven---Special Master should be appointed.

   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…

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Added by Mark Small on September 23, 2017 at 6:30am — No Comments

"You can't reverse history"---kind of negates the concept of criminal justice.

   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…

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Added by Mark Small on September 22, 2017 at 6:14am — No Comments

Debate me on the merits of 16-1464---or 'fess up you are "CS.",

   “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…

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Added by Mark Small on September 21, 2017 at 6:18am — No Comments

CASE DEAD ON ARRIVAL AT 9/25/17 CONFERENCE? NO! ASK SCOTUS TO CONSIDER CASE

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,…

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Added by Mark Small on September 20, 2017 at 6:30am — No Comments

JUSTICES OF SCOTUS: PLEASE AT LEAST READ THE PETITION.

   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…

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Added by Mark Small on September 19, 2017 at 6:43am — No Comments

SCOTUS can void election: 16-1464 should be heard

   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…

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Added by Mark Small on September 18, 2017 at 7:06am — No Comments

Today at noon: Dr. Wilmer Leon's Show on Sirius---SCOTUS case seeks to void election.

“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…

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Added by Mark Small on September 16, 2017 at 7:00am — No Comments

Ask SCOTUS to hear 16-1464

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…

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Added by Mark Small on September 15, 2017 at 5:59am — No Comments

Small teaches Con Law to Prof Tribe: SCOTUS CAN void election

   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…

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Added by Mark Small on September 14, 2017 at 6:25am — No Comments

Kushner (son-in-law-in-chief), his ties to Russia and his lies

   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…

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Added by Mark Small on September 13, 2017 at 7:09am — No Comments

Trump's sleight of hand and stolen election

   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…

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Added by Mark Small on September 12, 2017 at 7:45am — No Comments

Bannon disinforms ("lies"): analysis at 8 a.m.---live.

   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…

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Added by Mark Small on September 11, 2017 at 5:43am — No Comments

Legal basis in SCOTUS case to void 2016 election

   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…

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Added by Mark Small on September 7, 2017 at 6:30am — No Comments

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