Monday, July 28, 2014

You can't make this up. True the Vote edition.

This is not something I would recommend doing with Judge Atlas.



42 comments:

Anonymous said...

Email boilerplate is the TP's version of the amicus brief. Those of us who don't recognize it as such are clearly not interested in justice.

Anonymous said...

Based on what I saw in the county that I observed for the Cochran campaign, the TP folks working with the McDaniel team weren't very bright. The Clerk had to explain to one of them on four separate occasions what SEMS was. They also didn't understand how a master list of all county voters was merely a rollup of each precinct. list for each precinct. I hope they do challenge. They are going to be embarrassed based on the mental acuity of their volunteers.

Anonymous said...

Maybe invite the judge to a pep rally?

Anonymous said...

ZZZzzzzzzzzzzzzzzzzzzz. Sssnnnooorrreeee.

Kim Wade said...

The disparity in application of the statute regarding viewing of the poll data is an issue under the Voter Rights Act. If it's a state statute being cited it is required to be applied in a uniform manner by each clerk. The fact that it was not is what I believe is actionable under VRA.

In addition after the clerk sent the info they say is private out in the first place I believe they lose the ability to separate that document form materials subject to review by the candidates

Anonymous said...

Will someone tell me why they would need to see the material that is being redacted. Every voter I D Card is numbered and there is a reason for that. I am sure there would be a print out of the numbers and if they voted one way in primary and another in run off. I personally do not want either side viewing my personal info. After all this is the age of "TECHNOLOGY".

Anonymous said...

Tell Paula there were four, and that number was agreed upon by them.

Anonymous said...

It appears as if email is as far as they'll go with technology.
The constitution and the bible say nothing of technology, so therefor, it is of the devil.
No other view can be contrived.

Anonymous said...

Excuse me, two. ^ My apologies.

Anonymous said...

Wow. I can't believe how biased this judge is. Wait for the facts, judge!

Anonymous said...

What facts? These clowns will not produce any evidence of their claims. BUT, if you send them some money, they promise to produce some evidence SOON.

Kim Wade said...

The clerks are using are using the redacted portion as a reason to prevent viewing the poll book. But the clerks use that same info to determine who was eligible to vote on the day of the election. Which puts it under purview of VRA and recent 5th Circuit case.
Because of the restraint of time and the clerks foot dragging on actually redacting the document at exorbitant cost to candidate is also an actionable issue under VRA.

Anonymous said...

No, they're not.

They've given him access to redacted books. He has chosen not to accept that in some counties, particularly Harrison if you read that suit. Apparently the McD campaign began looking at redacted books while the clerk's staff worked to continue the process of redacting the rest, then the McDream team stopped reviewing in the middle and never paid them for what they did have access to, which is why Rankin county has demanded they pre-pay.

His temper tantrum over this is unappealing. There has been nothing he's been told he can't see outside of personal info outlined in state law. The only issue he's raising is whether he has to pay for it or not; according to the Supreme Court, he does.

Anonymous said...

Kim Wade, the Voting Rights Act is intended to protect people's right to vote and for their votes to be counted. It is not the Sore Loser Rights Act to disenfranchise voters by throwing out their legal votes.

What the VRA says is that Mississippi can't change its laws or procedures without the DOJ's pre-clearance that the change is not discriminatory. Your guys hate the VRA because they miss when election laws could be designed to discriminate or could be selectively enforced by county officials. If the tea party starts to invoke the VRA it shows that they really have no firm ideology at all - they are just an us-against-them group.

Anonymous said...

Oh Lordy!
Do these people not understand the judicial system AT ALL?

What is , at best, an anecdotal impression, isn't EVIDENCE!

Anonymous said...

@3:56

Here are two more recent links.
2012 Constitution Party of Mississippi Convention featuring Chris McDaniel and a few other secessionists and mixed nuts.

Michael Peroutka To Address Constitution Party of Mississippi Convention


Michael Peroutka is one of a number of speakers who is slated to address the Constitution Party of Mississippi’s 2012 convention, which will be held in Tupelo, Mississippi, on June 1st and 2nd.

Michael Anthony Peroutka speaks Friday evening and is the Keynote speaker on Saturday afternoon. Explaining the American view of law and government, and the work of Institute on the Constitution, Michael will offer insight into the “un-reality” that is occurring in our government and culture, and will remind his hearers to join with those who want to restore the “re-ality.” A Christian and an attorney, Michael is co-founder of Institute on the Constitution (IOTC), headquartered in Pasadena, Maryland. He is a graduate of Loyola College (now University) in Maryland and University of Baltimore School of Law.

Other featured speakers include State Senator Chris McDaniel of Mississippi and E. Ray Moore Jr., the founder of the Exodus Mandate Project.


http://www.theamericanview.com/michael-anthony-peroutka-to-speak-at-mississippi-constitution-party-convention-june-1-2/

Here's Peroutka singing Dixie rather than the Star Spangled Banner:

Video has surfaced of a Maryland Republican nominee for Anne Arundel County Council singing “Dixie” as the national anthem at a secession conference in Alabama.

Over the weekend, Grove City College psychology professor and blogger Warren Throckmorton uncovered video of Michael Peroutka speaking to the 2012 League of the South national conference in Wallsboro, Alabama.

Peroutka generated controversy after winning the GOP nomination because he believes that the current U.S. and state governments are no longer valid, and should be destroyed by secession or other means.


http://www.rawstory.com/rs/2014/07/28/watch-gop-candidate-sings-dixie-as-his-national-anthem-at-alabama-secessionist-event/


Anonymous said...



Before 3 months or so ago I had neither a good or bad opinion of The Tea Party, Chris Mc Daniel, or Kim Wade.

Today, 3 months later I believe Tea Party followers, Chris and Kim are all nuts.

No substance just false statements, promises that are not kept, evidence that does not exist, when will it stop?

Chris lost, go away.

Anonymous said...

Kim Wade: didn't you sit next to me in Con Law? Oh you didn't go to law school, my bad. I guess I was confused by your expert amateur analysis of stuff you don't understand.

July 28, 2014 at 2:19 PM: how is the judge biased? She instructed her judicial assistant (or staffer) to docket the email and any other email, rather than just ignore it, which is what most would do.

Anonymous said...

Kim Wade: where do you buy your knee pads? You sure do put them to work

Anonymous said...

Easily 60% of your approved comments these days Kingfish are from audience killing sock puppets.

Kingfish said...

The problem, Kim, is True the Vote is asking the judge to apply NVRA for the poll books, not VRA.

Kingfish said...

The problem, Kim, is True the Vote is asking the judge to apply NVRA for the poll books, not VRA.

Anonymous said...

Who is Kim Wade?

Anonymous said...

Kim, I am a lawyer and you do not have a clue what you are talking about, period.

Anonymous said...

The statewide voter fraud that McDaniel alleges took place on June 24 and comments that the election was stolen, that the Cochran campaign is guilty of criminal conduct insinuates that those County Republican party members and poll workers that ran the primary were part of a master conspiracy to allow illegal voting. These people are honest, hard working, civic minded individuals that take their job of working in an election very seriously, especially as it relates to the determination of if someone is qualified to vote. It is insulting to these people to basically accuse them of allowing an election to be won under false pretense. It's as if each County's primary was conducted using "banana republic" rules. Certainly honest errors are made in every election, but those are few in number. I'm sure McDaniel & Co. would deny that they are accusing the County parties of fraud, however, they are accusing them not only of fraud, but ignorance also! How appalling!

Anonymous said...

So the headline should be that the tea party is invoking the federal Motor Voter law that Dixie conservatives unanimously opposed and Fordice refused to enforce to the point of creating different rules for state and federal elections - to ask a federal judge to overrule Mississippi election law and the actions of county officials, something else that Dixie conservatives have railed against since Reconstruction.

Anonymous said...

I honestly cannot believe this ass clown, charlie rodriquez holds himself out to be a "literary agent."

"Best of the best in every academic discipline"... except proof reading a document bound to end up as part of the court's public record....

Anonymous said...


https://web.archive.org/web/20080310224303/http://fortressbookservice.com/page15.html


"Where the Battle Rages by Charlie Rodriguez

The leader of the Protestant Reformation, Martin Luther, once wrote:"If I profess with the loudest voice and the clearest exposition every portion of the truth of God except precisely that little point which the world and the devil are at the moment attacking, I am not confessing Christ, however boldly I maybe professing Christ. Where the battle rages, there the loyalty of the soldier is proved; and to be steady on all the battle field besides, is mere flight and disgrace if he flinches at that point."....

Anonymous said...

I love that the sock puppet guy gets on every thread and makes the same comment. You could pretend you represent maybe four people if you tried. Might look a little better for your candidate, whom is polling under Obama currently.

Anonymous said...

9:15 pm: I was thinking the exact same thing. I also love he addresses his comments to kingfish in a tone like they share some unspoken connection and kingfish will take his advice. What a weirdo

Sarcastic Lawyer said...

Agree, agree, agree. Doesn't take a study to figure out who the weirdos without substance are here like the sock puppet guy. Call out the weirdo trolls and they'll stop coming around. We must put these TPs in their place!

Anonymous said...

"Kim Wade: didn't you sit next to me in Con Law? Oh you didn't go to law school, my bad. I guess I was confused by your expert amateur analysis of stuff you don't understand."


"Kim, I am a lawyer and you do not have a clue what you are talking about, period."

This could very well be signed Barack Hussein Obama and/or Eric Holder.

Excuse us if Holding a License to Practice Law, from Prestigious Law Schools even, doesn't impress us with your unique and unquestionable grasp of laws and the Constitution anymore.

Kingfish said...

Since credential don't impress, try this bit of logic.

True the Vote filed the lawsuit. They asked for relief under the National Voter Registration Act. The issue revolves around the redaction of birthdates. I don't think True the Vote wants them per se, I think the issue is rather one of cost. The clerks charge for redaction and that is where the rub is.

If the clerks were to allow True the Vote to obtain the copies without charge, I wonder if there would be a lawsuit. Having said that, the group asked for the judge to order the clerks to provide unredacted copies under the NVRA, NOT the VRA.

Even if Kim is right and the VRA applies, the Judge is not going to help the plaintiffs if they didn't ask for relief under VRA. Lawyers, feel free to correct me. The Judge's main question during the entire hearing was "how does the NVRA cover this issue?".

Anonymous said...

Charlie Rodriguez's publishes only one type of book so I can't see his academic claim as being anything save puffery.

Charlie is no Martin Luther either and apparently doesn't understand the quote made above!

Martin Luther had already described in detail how the Reformation would be different from the Catholic Church!


The " this will be a pattern" note and that Atlas is a retired judge should be a clue to others that political pressure won't work.

Luther was smart and effective and attracted other bright clerics and local leaders. Rodriguez is a joke.

Anonymous said...

My initial interpretation of the judge's "pattern" remark was that she suspected this was the first in what will become a deluge of form letters trying to sway her opinion.

Anonymous said...

It will be that much more fitting if the lawyers didn't even cite the correct law and there was actually one out there that they may have had a chance under.

You almost can't dream up the level of amateurism displayed in this campaign. It's just too perfect.

John Pittman Hey said...

The reason that NVRA covers the issue of redacting poll books is set forth precisely in the Bench Brief that TTV filed. I can provide you a link if you need one.

Basically, NVRA covers the documents used to maintain the voter roll. Purging is based, in part, upon lack of recent voting. Hence, the pollbooks, being the record of who voted and when, are indeed documents necessary for the correct maintenance of the voter rolls.

Again, all this is spelled out very simply in the brief filed by TTV just prior to the hearing.

John Pittman Hey said...

VRA has nothing to do with this case. I'm sure that some lay people are confusing the VRA with the NVRA.

Anonymous said...

I'm a TeaBagger so obviously I ain't no attorney. But I can count to 21 with my shoes off. When is Chris gonna shut up all these eleete smart folks by filing that challenge? Hell, he's already approaching 4 days past his own deadline, and acting like he done already fuggot about it.

How much money does it cost to file? I guess a better question is "How much money is Chris gonna bilk us stupid people for before he decides IF he's even gonna challenge?"

What kind of leader spends over seven million dollars of somebody else's money to lose an election and then bitches about the price of making photocopies he don't even need? I guess I answered my own question myself. Um, that would be NO kind of leader.

But that sucker sure beat me out of $25. Until I see his sorry ass, anyhow. But it'll be the LAST time.

Cuz I'm damn near broke, Chris. Are we gone play ball or stand around playing grab-ass until November or till Santy Clause comes?

Anonymous said...

10:31 am yes that was my interpretation as well and I doubt very seriously she welcomes the prospect.

To attempt to sway a judge outside the court room is not smart.

Anonymous said...

John Pittman Hey please tell me you haven't been given a license to practice law anywhere in the universe.

Anonymous said...

Haha 8:24. I'm not trying to be rude JPH, your research of the law is certainly impressive- and I do mean that. But technically, you are "lay people" as well if you don't have your J.D.

5:18PM- I really hope you are a McD supporter. I feel for the ones with sense. It's the ones without that I don't.



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