Category Archives: Obama records

AP US hiring grinds to a near halt many stop looking for work, College grads get best bartending and restaurant jobs, White American college grads getting jobs?, Hickory Record uses 10 year comparison, Citizen Wells reports impact of Obama, Zero Hedge nails it

AP US hiring grinds to a near halt many stop looking for work, College grads get best bartending and restaurant jobs, White American college grads getting jobs?, Hickory Record uses 10 year comparison, Citizen Wells reports impact of Obama, Zero Hedge nails it

“There’s no other way to say this. The official unemployment rate, which cruelly overlooks the suffering of the long-term and often permanently unemployed as well as the depressingly underemployed, amounts to a Big Lie.”…Gallup CEO Jim Clifton 

“the Times of the nineteenth of December had published the official forecasts of the output of various classes of consumption goods in the fourth quarter of 1983, which was also the sixth quarter of the Ninth Three-Year Plan. Today’s issue contained a statement of the actual output, from which it appeared that the forecasts were in every instance grossly wrong. Winston’s job was to rectify the original figures by making them agree with the later ones.”…George Orwell, “1984”

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

The AP, not known for reporting the impact of Obama on the economy and jobs, came closer to a factual report after the US Labor Dept. May jobs report.

Why?

I have several theories.

1. The mainstream media has been covering for Obama just like the “Times” of “1984.” If Trump wins they will then start reporting the truth about the economy and jobs and blame it on him. They have possibly begun the transition.

2. Mathematics. As Citizen Wells just reported, if we ever begin producing real full time jobs the unemployment rate could go negative starting from our mythical 4.7 percent.  As reported by Zero Hedge: “Talk about perpetrating the BIG LIE. Goebbels and Bernays are smiling up from the fires of hell as their acolytes of propaganda have kicked it into hyper-drive. We only need the other 7.4 million “officially” unemployed Americans to leave the work force and we’ll have 0% unemployment. At the current pace we should be there by election time.”

From the Hickory Record June 3, 2016.

“US hiring grinds to a near-halt; many stop looking for work”

“U.S. hiring slowed to a near-standstill in May, sowing doubts about the economy’s health and complicating the Federal Reserve’s efforts to raise interest rates.

While unemployment slid from 5 percent to 4.7 percent, the lowest since November 2007, the rate fell for a troubling reason: Nearly a half-million jobless Americans stopped looking for work and so were no longer counted as unemployed.
Employers added just 38,000 jobs in May, the fewest in over five years.

Less-educated workers bore the brunt of the hiring slump, with a quarter-million high school dropouts losing their jobs in May. That has perpetuated a long-term trend toward a two-tiered job market, with college-educated adults more likely to be employed and earning steady raises.

“The shockingly low payrolls gain in May provides further evidence that the economy is showing clear signs of slowing,” said Laura Rosner, an economist at BNP Paribas.”

“Essentially all of the 7 million jobs added over the past decade belong to workers with at least some college experience. The number of high school graduates with jobs is 3 million lower than 10 years ago.”

“But job gains in March and April were also revised downward on Friday, leaving average monthly hiring at a pace of just 116,000 in the past three months. That’s sharply below last year’s average of nearly 230,000.

The share of Americans who are working or searching for jobs — a figure known as the labor force participation rate — fell in May to 62.6 percent, near a four-decade low.”

Read more:

http://www.hickoryrecord.com/news/business/ap/us-hiring-grinds-to-a-near-halt-many-stop-looking/article_0e2d6e27-63eb-5e2a-bb2a-5df0a442ef74.html

This article chose a 10 year comparison and stated: “Essentially all of the 7 million jobs added over the past decade belong to workers with at least some college experience.”

So let’s do a 10 year year comparison of white American employment.

You ask why white Americans?

1. Whites are still approximately two thirds of the population.

2. This provides more of a “apples to apples” comparison.

Civilian noninstitutional population

May 2006: 186,002,000
May 2016: 198,013,000

Employed

May 2006: 118,700,000
May 2016: 119,222,000

Not in labor force

May 2006: 62,452,000
May 2016: 73,714,000

Labor force participation rate

May 2006: 66.4
May 2016: 62.8

White American college grads must be getting the best bartending and restaurant jobs.

From Zero Hedge June 3, 2016.

“The Funniest BLS Report Ever”

“Only a captured government drone could put out a report showing only 38,000 new jobs created, with the working age population rising by 205,000, and have the balls to report the unemployment rate plunged from 5.0% to 4.7%, the lowest since August 2007. If you ever needed proof these worthless bureaucrats are nothing more than propaganda peddlers for the establishment, this report is it. The two previous months were revised significantly downward in the fine print of the press release.

It is absolutely mind boggling that these government pond scum hacks can get away with reporting that 484,000 people who WERE unemployed last month are no longer unemployed this month. ”

“In addition, 180,000 more Americans left the workforce, bringing the total to a record 94.7 million Americans not in the labor force. The corporate MSM will roll out the usual “experts” to blather about the retirement of Baby Boomers as the false narrative to deflect blame from Obama and his minions. The absolute absurdity of the data heaped upon the ignorant masses is clearly evident in the data over the last three months. Here is government idiocracy at its finest:

Number of working age Americans added since March – 406,000

Number of employed Americans since March – NEGATIVE 290,000

Number of Americans who have supposedly voluntarily left the workforce – 1,226,000

Unemployment rate – FELL from 5.0% to 4.7%

Talk about perpetrating the BIG LIE. Goebbels and Bernays are smiling up from the fires of hell as their acolytes of propaganda have kicked it into hyper-drive. We only need the other 7.4 million “officially” unemployed Americans to leave the work force and we’ll have 0% unemployment. At the current pace we should be there by election time. I wonder if Cramer, Liesman, or any of the other CNBC mouthpieces for the establishment will point out that not one single full-time job has been added in 2016. There were 6,000 less full-time jobs in May than in January, while there are 572,000 more low paying, no benefits, part-time Obama service jobs. Sounds like a recovery to me.”

Read more:

http://www.zerohedge.com/news/2016-06-03/funniest-bls-report-ever

From Zero Hedge June 3, 2016.

“When Obama made another TV appearance earlier this week, taking credit for the Fed’s reflation of the stock market as somehow indicative of an economic “recovery” (“fiction peddlers” not allowed in the crowd), he once ignore the underlying “facts” behind said recovery: here is another way of showing the unprecedented transformation in the US labor pool: since December 2014, the US has added 455,000 waiters and bartenders, while losing 10,000 manufacturing workers.”

Read more:

http://www.zerohedge.com/news/2016-06-03/2014-us-has-added-455000-waiters-and-bartenders-and-lost-10000-manufacturing-workers

More here:

https://citizenwells.com/

Unemployment rate 4.7 percent in May 2016 LOL, If there is ever a real gain in full time employment the rate will go negative, Labor force participation rate dropped .4 % past two months, Labor force dropouts and part time jobs are real story

Unemployment rate 4.7 percent in May 2016 LOL, If there is ever a real gain in full time employment the rate will go negative, Labor force participation rate dropped .4 % past two months, Labor force dropouts and part time jobs are real story

“In December 2014 there were 18 million immigrants (legal and illegal) living in the country who had arrived since January 2000. But job growth over this period was just 9.3 million — half of new immigration.”…Center for Immigration Studies February 2015

“There’s no other way to say this. The official unemployment rate, which cruelly overlooks the suffering of the long-term and often permanently unemployed as well as the depressingly underemployed, amounts to a Big Lie.”…Gallup CEO Jim Clifton 

“the Times of the nineteenth of December had published the official forecasts of the output of various classes of consumption goods in the fourth quarter of 1983, which was also the sixth quarter of the Ninth Three-Year Plan. Today’s issue contained a statement of the actual output, from which it appeared that the forecasts were in every instance grossly wrong. Winston’s job was to rectify the original figures by making them agree with the later ones.”…George Orwell, “1984”

 

From the US Labor Dept. June 3, 2016.

“In May, the unemployment rate declined by 0.3 percentage point to 4.7 percent, and the number of unemployed persons declined by 484,000 to 7.4 million. Both measures had shown little movement from August to April. (See table A-1.)”

“In May, the civilian labor force participation rate decreased by 0.2 percentage
point to 62.6 percent. The rate has declined by 0.4 percentage point over the
past 2 months, offsetting gains in the first quarter. The employment-population
ratio, at 59.7 percent, was unchanged in May. (See table A-1.)

The number of persons employed part time for economic reasons (also referred to as involuntary part-time workers) increased by 468,000 to 6.4 million in May, after showing little movement since November. These individuals, who would have preferred full-time employment, were working part time because their hours had been cut back or because they were unable to find a full-time job. (See table A-8.)”

Read more:

http://www.bls.gov/news.release/empsit.nr0.htm

Since Obama declared the recession over in June 2009, the following has happened to white employment (you know, the segment of the work force that is supposed to be 2 thirds).Labor force: Dropped 1,855,000.

Labor force: Dropped 1,855,000.

Labor force participation rate: Dropped 3.4 percent.

Not in labor force: Up 9,201,00.

Obama speech June 1, 2016 Concord Community High School 
Elkhart, Indiana

“THE PRESIDENT:  We decided to invest in job training so that folks who lost their jobs could retool.  We decided to invest in things like high-tech manufacturing and clean energy and infrastructure, so that entrepreneurs wouldn’t just bring back the jobs that we had lost, but create new and better jobs, and folks who had lost work from the construction industry because the housing market had collapsed could go back to work rebuilding America.

And we can see the results not just here in Elkhart, but across the nation.  By almost every economic measure, America is better off than when I came here at the beginning of my presidency.  That’s the truth.  That’s true.  (Applause.)  It’s true.  (Applause.)  Over the past six years, our businesses have created more than 14 million new jobs — that’s the longest stretch of consecutive private sector job growth in our history.  We’ve seen the first sustained manufacturing growth since the 1990s.  We cut unemployment in half, years before a lot of economists thought we would.  We’ve cut the oil that we buy from foreign countries by more than half, doubled the clean energy that we produce.  For the first time ever, more than 90 percent of the country has health insurance.  (Applause.)

In fact, a poll that was out just last week says that two out of three Americans think their own family’s financial situation is in pretty good shape.  But we know a lot of people are still feeling stressed about their economic future.  The pundits, they say one of the reasons the Republican Party has picked the candidate that it has — ”

https://www.whitehouse.gov/the-press-office/2016/06/01/remarks-president-economy

Square those lies with the data above.


Rod Blagojevich appeal petition denied by US Supreme Court, Justices let stand ruling by 7th US Circuit Court of Appeals

Rod Blagojevich appeal petition denied by US Supreme Court, Justices let stand ruling by 7th US Circuit Court of Appeals

Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011

 

From McClatchy DC March 28, 2016.

“Supreme Court refuses to hear Blagojevich appeal

The U.S. Supreme Court on Monday dashed one of Rod Blagojevich’s last hopes to reduce his 14-year prison sentence by refusing to hear the former Illinois governor’s appeal of his remaining corruption convictions, including his attempt to sell an appointment to the vacant Senate seat once occupied by President Barack Obama.

In so doing, the justices let stand a July ruling by the 7th U.S. Circuit Court of Appeals in Chicago that the Chicago Democrat crossed the line when he sought money — usually campaign cash — in exchange for naming someone to fill Obama’s seat. The justices did not explain their decision.

The lower court had handed Blagojevich a largely symbolic victory by tossing five of his 18 convictions and said he should be resentenced on the 13 remaining counts. No resentencing date has been set, but it’s likely to happen this year. In its ruling last year, the 7th Circuit said that even with the dropped counts factored in, Blagojevich’s 14-year sentence may still be fair.

The former governor’s wife, Patti Blagojevich, said in a written statement Monday that she and the couple’s two children were “incredibly disappointed.”

“This was, of course, not the outcome that Rod, our daughters Amy and Annie, had hoped and prayed for,” she said. “But we continue to have faith in the system and an unshakable love for Rod. We long for the day that he will be back home with us.”

Blagojevich attorney Leonard Goodman said in a phone interview that there’s an outside chance the high court might consider a new request to hear the 59-year-old Blagojevich’s appeal after resentencing. He said that’s because one argument prosecutors made against the appeal being heard was that resentencing and other legal steps need to play out before the court should entertain the possibility of taking on the case.

“So we could consider going back to the Supreme Court again,” Goodman said.

The U.S. attorney’s office in Chicago declined any comment.”

Read more:

http://www.mcclatchydc.com/news/politics-government/national-politics/article68597612.html

Ted Cruz PA eligibility challenge appeal fast tracked in Pennsylvania Supreme Court, Elliott v. Cruz, Elliott represented by attorney David J. Farrell, Cruz a natural born citizen?, PA primary scheduled for April 26

Ted Cruz PA eligibility challenge appeal fast tracked in Pennsylvania Supreme Court, Elliott v. Cruz, Elliott represented by attorney David J. Farrell, Cruz a natural born citizen?, PA primary scheduled for April 26

“And you shall know the truth, and the truth shall set you free.”…Jesus, John 8:32

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

From The Legal Intelligencer March 21, 2016.

“The Pennsylvania Supreme Court has set a quick timetable in the appeal of a ruling allowing Sen. Ted Cruz, R-Texas, to remain on the state’s presidential primary ballot.

The court said Monday that challenger Carmon Elliott had until 4 p.m. Tuesday to submit his brief in Elliott v. Cruz. Presidential hopeful Cruz then has until 4 p.m. Wednesday to file his response. There was no indication of whether or when oral arguments would be scheduled in the case. Pennsylvania’s primary is scheduled for April 26. The court did say in its order that the parties could submit the same briefs they submitted to the Commonwealth Court.

Elliott, who represented himself before the lower court, is now being represented by Norristown attorney David J. Farrell, who had initially submitted his own challenge to Cruz’s ballott eligibility but withdrew it in advance of the Commonwealth Court hearing.

Commonwealth Court Senior Judge Dan Pellegrini rejected earlier this month Elliott’s claim that Cruz was not a “natural-born citizen” as defined by the U.S. Constitution because he was born in Canada to a mother who was a citizen of the United States.

Pellegrini spent half of his decision determining whether the judiciary had jurisdiction over questions of eligibility to run for president. Cruz argued it was a question only for the Electoral College or Congress to determine, and that the court should be barred from hearing it under the political-question doctrine. But Pellegrini rejected that contention, finding there was no support for it under various sections of the U.S. Constitution, nor under the 12th Amendment. In doing so, he became what appears to be the first judge in the country hearing Cruz ballot challenges to address the merits of the issue.

The dispute as to whether Cruz was a ­citizen eligible for the presidency came down to the interpretation of Article II, Section 1, Clause 4 of the U.S. Constitution, which states that “‘no person except a natural born citizen, or a citizen of the United States … shall be eligible to the office of president.'”

Pellegrini said the term “natural-born ­citizen” was not defined and the U.S. Supreme Court has never addressed its meaning within the context of the eligibility of a candidate.

Elliott is a registered Republican voter in Pennsylvania. He argued “natural-born citizen” required a candidate to be born within the geographical boundaries of the United States to be eligible. Cruz, on the other hand, argued he was a natural-born citizen regardless of where he was born because his mother was a U.S. citizen when he was born and Cruz was therefore a U.S. citizen from the time of his birth, Pellegrini said.”

Read more:

http://www.thelegalintelligencer.com/id=1202752679252/Appeal-of-Cruzs-Ballot-Eligibility-FastTracked#ixzz4478Divhp

From the Indiana Law Review:

“D. Whether a State May Refuse To Put a Presidential Candidate on the Ballot Because It Concludes the Candidate Is Not Qualified ”

” If a state chooses to evaluate the qualifications of presidential candidates, there is no inherent power of Congress standing in its way,”

“Just as there was historical precedent for states including unqualified candidates on the presidential ballot, so, too, is there precedent for states excluding unqualified candidates from the ballot. In fact, there has been a trend of state regulation increasingly scrutinizing the qualifications of presidential candidates, even apart from pending legislation in the “birther” context.”

“They arguably have the power to add qualifications to candidates seeking the office of President.359 The less intrusive step of examining existing constitutional qualifications is likely within the purview of state control.”

“The 20th Amendment does not prevent a state from excluding a presidential or a vice presidential candidate who is not qualified to hold the office.”

“A state inquiry into qualifications could take one of several forms.377 It might be simply ministerial, requiring candidates to verify that they are qualified. It could include a certification, such as a signature under penalty of perjury affirming that one meets the qualifications. It may require a low level of verification, such as an attachment of copies of documentary support for proof of residence and citizenship. Or it may require a high level of verification, such as original source documents (like a “long-form birth certificate”). The inquiry might be required as a disclosure when a candidate seeks to file for office, or as one that an election official is authorized to make under certain circumstances. Such state regulations would be permissible as long as they simultaneously existed within other constitutional boundaries.”

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11145&context=ilj

Hat tip to CDR Charles Kerchner.

 

Blagojevich US Supreme Court appeal still shows DISTRIBUTED for Conference of March 25, 2016, You would never know it if we didn’t show it

Blagojevich US Supreme Court appeal still shows DISTRIBUTED for Conference of March 25, 2016, You would never know it if we didn’t show it

Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011

 

Blagojevich US Supreme Court appeal still shows DISTRIBUTED for Conference of March 25, 2016. You would never know it if we didn’t show it.

No. 15-664
Title:
Rod Blagojevich, Petitioner
v.
United States
Docketed: November 19, 2015
Lower Ct: United States Court of Appeals for the Seventh Circuit
  Case Nos.: (11-3853)
  Decision Date: July 21, 2015
  Rehearing Denied: August 19, 2015

 

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 17 2015 Petition for a writ of certiorari filed. (Response due December 21, 2015)
Dec 16 2015 Order extending time to file response to petition to and including January 20, 2016.
Dec 21 2015 Brief amici curiae of Current and Former Elected Officials, et al. filed.
Jan 7 2016 Order further extending time to file response to petition to and including February 19, 2016.
Feb 19 2016 Brief of respondent United States in opposition filed.
Mar 8 2016 Reply of petitioner Rod Blagojevich filed.
Mar 9 2016 DISTRIBUTED for Conference of March 25, 2016.

http://www.supremecourt.gov/search.aspx?filename=/docketfiles/15-664.htm

Einer R. Elhauge US Supreme Court Amicus brief, Ted Cruz not eligible as natural born citizen, Harvard Law Professor, Former Chairman of Obama Antitrust Advisory Committee

Einer R. Elhauge US Supreme Court Amicus brief, Ted Cruz not eligible as natural born citizen, Harvard Law Professor, Former Chairman of Obama Antitrust Advisory Committee

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

This would have been reported earlier except for problems accessing Birther Report.

Another Harvard Law Professor states in a Amicus Brief to the US Supreme Court that Ted Cruz is not eligible for the presidency as a natural born citizen.

From Birther Report March 16, 2016.

“Harvard Law Professor Files Amicus Curiae Brief
In Canadian-Born Cruz NY Ballot Access Challenge

Harvard Law Professor, Former Chairman of the Antitrust Advisory Committee to Obama’s campaign, Einer Elhauge, filed an amicus brief at the New York Supreme Court advising the court that Canadian-born Ted Cruz is not eligible to be president under the Article II natural born Citizen requirement. Elhauge also says it’s not a political question.”

“In short, the text, history, canons of interpretation, contemporaneous dictionaries, and other evidence strongly indicate that by “natural born citizen” the Constitution meant someone who was a natural born citizen at common law, meaning someone who was born either (a) in a United States territory or (b) to a U.S. official serving his country abroad. Contrary to the Cruz brief, see Cruz Brief at 33, this understanding is entirely consistent with the common understanding that John McCain was a natural born citizen because McCain actually met both of these grounds. John McCain was both (a) born in a U.S. territory (the Panama Canal Zone) and (b) born to parents who were both U.S. soldiers serving their nation abroad. However, the Constitutional meaning of “natural born citizen” excludes Ted Cruz because he was (a) born in Canada rather than a U.S. territory (b) to a father who was not a U.S. citizen and to a mother who was a private U.S. citizen who was not serving for the U.S. in Canada.

The Constitutional Meaning of Natural Born Citizen Has Not Been Expanded by Decisions or Statutes. Contrary to the analysis above, the Cruz brief asserts that: “Every judicial decision and virtually every constitutional authority agrees that a ‘natural born Citizen’ is anyone who was a citizen at the moment he was born—as opposed to becoming a citizen through the naturalization process at some point after his birth.” Cruz Brief at 29.

The Supreme Court’s Understanding. The Cruz Brief’s assertion that “every judicial decision” adopted this understanding of “natural born citizen” conflicts with the very first decision the brief cites in support of this claim, United States v. Wong Kim Ark, 169 U.S. 649 (1897). That Supreme Court decision expressly stated:

Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

Id. at 702-03. The highlighted portion of Wong Kim Ark thus explicitly stated that persons who are born abroad and become citizens at birth only because a Congressional statute makes them so are “naturalized”, not natural born citizens.”

Read more:

http://www.birtherreport.com/2016/03/obama-advisor-harvard-law-professors-ny.html

 

Rod Blagojevich reply brief to Solicitor General brief in opposition, March 10, 2016, Attorney Len Goodman, Draw the line between lawful political activity and crimes, Delaying review unwarranted given that Blagojevich will remain imprisoned during the delay

Rod Blagojevich reply brief to Solicitor General brief in opposition, March 10, 2016, Attorney Len Goodman, Draw the line between lawful political activity and crimes, Delaying review unwarranted given that Blagojevich will remain imprisoned during the delay

Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011

 

ROD BLAGOJEVICH, PETITIONER
v.
UNITED STATES OF AMERICA.
_______________________
ON PETITION FOR WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
________________________
REPLY BRIEF FOR THE PETITIONER

“REPLY BRIEF FOR THE PETITIONER

1. This case is, and has been from the start, fundamentally about where to draw the line between lawful political activity and crimes of extortion, bribery and honest services fraud. That is an important issue of bipartisan concern, directly impacting all candidates seeking or holding public office and their supporters, and one which this Court recently agreed to review in McDonnell v. United States, No. 15-474 (certiorari granted Jan. 15, 2016). Blagojevich’s case is particularly important because it involves only the solicitation or attempt to obtain campaign contributions, which this Court has held are a form of protected political speech that warrants heightened scrutiny. Indeed, regardless of one’s views about money in politics, a bright-line rule distinguishing lawful campaign fundraising activities from unlawful political corruption is necessary to avert a chilling effect on candidates’ First Amendment right to solicit (and receive) campaign contributions, and donors’ First Amendment right to respond with contributions. Clarity about where to draw that line is also essential to avoiding arbitrary and discriminatory enforcement against politicians who are outspoken, controversial, polarizing or simply unpopular. It is an issue that impacts our longstanding system of private financing of election campaigns from President of the United States to local alderman, and one that the lower courts have struggled with consistently since Evans v. United States, 504 U.S. 255 (1992).”

“2. The government’s opposition does not dispute that the lower courts have expressed confusion—and signaled the need for further clarity and guidance from this Court—regarding what effect Evans had on McCormick v. United States, 500 U.S. 257 (1991), in the context of public corruption prosecutions involving the solicitation of campaign contributions. To the contrary, the government’s attempt to minimize the degree of conflict among the circuit courts on this issue (Opp. 18-21) proves the essence of Blagojevich’s petition: that the lower courts have acknowledged a significant lack of clarity regarding whether Evans modified or relaxed McCormick’s “explicit promise or undertaking” requirement to prove public corruption offenses involving campaign contributions; that the confusion arises in part from uncertainty regarding whether this Court’s holding in Evans was meant to weaken the requirement for proving extortion involving campaign contributions; and that the circuits have expressed particular confusion about what McCormick’s requirement that a quid pro quo be “explicit” means in light of Evans. The government also concedes (Opp. 20) that since Evans some courts of appeals have (appropriately) recognized the distinction between public corruption cases involving campaign contributions and those involving other payments, and have indicated or suggested that extortion cases involving campaign contributions require heightened proof of an “explicit” agreement under McCormick. ”

Read more:

Click to access Blagojevich-v-United-States-cert-reply-FINAL-March-8-2016.pdf

 

Blagojevich appeal update March 5, 2016, US Supreme Court opposition brief filed by Solicitor General Donald B. Verrilli Jr. Feb 19, Petition for a writ of certiorari should be denied, Blagojevich knew he was offering to exchange official actions for money

Blagojevich appeal update March 5, 2016, US Supreme Court opposition brief filed by Solicitor General Donald B. Verrilli Jr. Feb 19, Petition for a writ of certiorari should be denied, Blagojevich knew he was offering to exchange
official actions for money

Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011

 

 

The  opposition brief filed by Solicitor General Donald B. Verrilli Jr.on  February 19 in the Rod Blagojevich US Supreme Court appeal finally showed up.

“No. 15-664
In the Supreme Court of the United States

ROD BLAGOJEVICH, PETITIONER
v.
UNITED STATES OF AMERICA
ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

BRIEF FOR THE UNITED STATES IN OPPOSITION

DONALD B. VERRILLI, JR.
Solicitor General
Counsel of Record”

“QUESTIONS PRESENTED

1. Whether the court of appeals correctly upheld
petitioner’s conviction for extortion under color of
official right where the jury was instructed that the
government must prove that petitioner “agree[d] to
accept money or property believing that it would be
given in exchange for a specific requested exercise of
his official power.”

2. Whether the court of appeals correctly held that
petitioner may not defend against charges of extortion,
honest-services fraud, and bribery by claiming
that he genuinely believed that he could lawfully exchange
his official actions for money.”

“1. As an initial matter, the Court’s review is unwarranted
at this time because the case is still in an
interlocutory posture. The court of appeals vacated
five counts of conviction, vacated petitioner’s sentence,
and remanded to the district court for retrial
and resentencing. Pet. App. 23a. This Court normally
“await[s] final judgment in the lower courts before
exercising [its] certiorari jurisdiction.” VMI v. United
States, 508 U.S. 946 (1993) (Scalia, J., respecting denial
of certiorari); see Hamilton-Brown Shoe Co. v. Wolf
Bros. & Co., 240 U.S. 251, 258 (1916) (describing interlocutory
posture as “a fact that of itself alone furnishe[s]
sufficient ground for the denial of” certiorari).
That practice ensures that all of a defendant’s claims
will be consolidated and presented in a single petition.
Here, the interests of judicial economy would be
served best by denying review now and allowing petitioner
to reassert his claims—including any new
claims that might arise following resentencing or
retrial, if one occurs—at the conclusion of the proceedings.
See Major League Baseball Players Ass’n
v. Garvey, 532 U.S. 504, 508 n.1 (2001) (per curiam)
(“[W]e have authority to consider questions determined
in earlier stages of the litigation.”).

2. Petitioner contends (Pet. 17) that this Court’s
review is needed to resolve a disagreement in the
lower courts on whether a jury must be instructed
that Hobbs Act extortion involves an “explicit” exchange
of official actions for campaign contributions.
No such conflict exists; petitioner’s argument is without
merit; and this would be a poor case to address the
argument in any event.”

“Elonis involved a prosecution under 18 U.S.C.
875(c) for communicating threats, and it addressed the
“requirement that a defendant act with a certain mental
state in communicating a threat.” 135 S. Ct. at
2008. Applying background presumptions about the
mens rea required for criminal liability, the Court
concluded that the defendant must be more than negligent
about the threatening nature of the communications.
Id. at 2011. But Elonis did not hold that Section
875(c) requires proof that the defendant knew his
actions were criminal. To the contrary, the Court
rejected the notion “that a defendant must know that
his conduct is illegal before he may be found guilty.”
Id. at 2009; see ibid. (“The familiar maxim ‘ignorance
of the law is no excuse’ typically holds true.”). The
Court thus focused on the defendant’s mental state
with respect to his own actions, while making clear
that knowledge of the legal consequences of his actions
is not required. Ibid. (“[A] defendant generally
must know the facts that make his conduct fit the
definition of the offense, even if he does not know that
those facts give rise to a crime.”) (citation and internal
quotation marks omitted). That same focus applies
here as well: Petitioner could validly be convicted
because he knew that he was offering to exchange
official actions for money—whether or not he also
knew that doing so was illegal.”

“CONCLUSION

The petition for a writ of certiorari should be
denied.”

Click to access 15-664_blagojevich_v._us_opp.pdf

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

From New York Magazine February 18, 2016.

“Lawsuit Over Ted Cruz’s Eligibility to Run for President Heads to Court”

“During Wednesday night’s CNN town hall, Ted Cruz dismissed the latest legal threat from Donald Trump, assuring a voter that he’s definitely eligible to run for president. “Under the law the question is clear,” he said. “There will still be some who try to work political mischief on it, but as a legal matter this is clear and straightforward.” Unlike Cruz’s right to air old footage of Trump on Meet the Press in a campaign ad, the issue raised by Cruz’s birth in Canada to an American mother actually isn’t settled — but now it looks like we may finally get an answer. CNN reports that an Illinois judge has agreed to hear arguments in a lawsuit challenging Cruz’s eligibility on Friday.

The lawsuit in question actually has nothing to do with Trump (though, it’s unlikely we’d be debating the obscure legal arguments over whether Cruz is a “natural born citizen” if it weren’t for the ex–reality star). Suburban lawyer Lawrence Joyce initially filed an objection to Cruz’s placement on the primary ballot with the Illinois Board of Elections, but it was dismissed earlier this month. Now the Circuit Court of Cook County in Chicago has agreed to hear the case.

Legal challenges over Cruz’s eligibility have been filed in at least three states. Joyce seems primarily concerned about the political fallout from the questions surrounding Cruz’s candidacy, rather than the possibility of a secret Canadian infiltrating the U.S. government. He told Chicago’s WLS that he’s concerned about what would happen if the challenge came from a Democrat in the fall after Cruz secured the GOP nomination. “At that point, all of his fundraising would dry up. And his support in the polls would drop dramatically. He may be forced at that point to resign the nomination,” he said.”

Read more:

http://nymag.com/daily/intelligencer/2016/02/ted-cruz-eligibility-case-heads-to-court.html

Scalia dead with pillow over head, No autopsy, Blagojevich appeal before conference Feb 19, Ted Cruz eligibility ruling likely which affects Obama, Obama has been eager to appoint SCOTUS justice, Strongest constitutional justice gone, Reason for conspiracy theories?

Scalia dead with pillow over head, No autopsy, Blagojevich appeal before conference Feb 19, Ted Cruz eligibility ruling likely which affects Obama, Obama has been eager to appoint SCOTUS justice, Strongest constitutional justice gone, Reason for conspiracy theories?

“We discovered the judge in bed, a pillow over his head. His bed clothes were unwrinkled,”…John Poindexter, owner of ranch

“Who benefited most from the suicide/murder of Orlando Jones?
Who benefited most from the murder of Donald Young?
Who benefited most from the murder of Lt. Quarles Harris Jr.?
Who benefited most from the suicide/murder of Christopher Kelly?
Who benefited most from the murder of Bill Gwatney?
Who benefited most from the death/murder of Andrew Breitbart?
And now
Loretta Fuddy?”…Citizen Wells

“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011

 

 

Justice Scalia was found dead with a pillow over his head.

There was no autopsy.

This Friday, February 19, 2016, the Blagojevich appeal is scheduled for conference.

The US Supreme Court will likely be called on to rule on Ted Cruz’s eligibility as a natural born citizen. This of course affects Obama too.

The SCOTUS justice with the strongest record of adhering to the US Constitution is gone.

Obama has been eager to appoint another liberal justice to add to his left wing legacy.

Any reason for conspiracy theories?

Nah.

Read more about how Justice Scalia was found here:

http://www.mysanantonio.com/news/local/article/Texas-ranch-owner-recalls-Scalia-s-last-hours-6830372.php

Read more about the Blagojevich appeal and associated Amicus Brief:

https://citizenwells.com/2016/02/15/justice-scalia-blagojevich-obama-blagojevich-appeal-response-due-by-february-19-in-us-supreme-court-no-scalia-to-respond-has-protecting-obama-reached-a-new-high/