Civil Discourse Now

Where the far left and far right overlap for fun and enlightenment

Mark Small's Blog (895)

Indiana rep seeks to require licenses for the press

   Indiana once again has pushed the envelope for regressive thoughts.

   A member of the Indiana House of Representatives, Jim Lucas, who is from John Mellencamp’s home town of Seymour, has drafted a bill that would require professional journalists to be licensed by the Indiana State Police, according to the Indianapolis daily newspaper.

   Lucas bragged that he was a year ahead of Donald Trump on this issue. Trump earlier had said it is “frankly disgusting” that the press can write…

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Added by Mark Small on October 13, 2017 at 6:09am — No Comments

Russian bots invaded us, and did not engage in "speech."

   If Russian Bots in the 2016 campaign were used to jam the internet to preempt human beings from posting or obtaining information about the candidates that was true, those bots were not engaged in meaningful speech protected by the First Amendment.

   First, the bots invaded our Nation’s cyberspace. Cyber warfare is a major “front” today. At half-time (or between innings) of televised sports events, United States armed forces recruit, with some commercials focused on cyber warfare.…

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Added by Mark Small on October 10, 2017 at 7:31am — No Comments

Putin's "bots" and The First Amendment

   The Declaration of Independence says all are created equal and are endowed with certain unalienable rights that include life, liberty, and the pursuit of happiness.

   The right to freedom of speech, particularly political speech, is amongst those most protected of our rights. The Declaration does not distinguish between nationalities.

   We need not delve into rights of people here legally yet without status as citizens and the rights of those here illegally to resolve the issue…

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Added by Mark Small on October 9, 2017 at 6:12am — No Comments

DOJ seeks info on Trump opponents: chilling free speech

   Department of Justice (“DOJ”) was unsuccessful, in part, in its effort to identify people who “liked” an anti-Trump Facebook page.

   The First Amendment of the United States Constitution protects freedom of speech, freedom of the press, and the right to associate.  Political speech—even of a conservative guy like Paul Ogden—is the most highly protected speech. “Whatever differences may exist about interpretations of the First Amendment, there is practically universal agreement that a…

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Added by Mark Small on October 5, 2017 at 6:55am — No Comments

Unfortunately, 16-1464 denied

I shall write more later. At the moment, I need to contemplate. 

Added by Mark Small on October 2, 2017 at 1:35pm — No Comments

16-1464: Petitioners have standing to sue to void election.

   Today we should hear whether SCOTUS will hear Bailey, et al v U.S., et al, dkt no.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. Disclosure: I am counsel of record for Petitioners in Bailey.

   A matter addressed in the Petition is standing, a “party’s right to make a legal claim or seek judicial enforcement of a duty or right...”  (Petition at pp. 21-24; para.…

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Added by Mark Small on October 2, 2017 at 6:34am — No Comments

16-1464: We should hear tomorrow

   Tomorrow we will learn if Bailey, et al v U.S., et al, SCOTUS dkt number 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—advances out of conference. Disclosure: I am counsel of record for Petitioners in Bailey.

We are right and the factual allegations in the Petition have been validated.

   Parts of The Petition for Writ of Mandamus and for Appointment of Special…

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Added by Mark Small on October 1, 2017 at 8:00am — 1 Comment

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

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