July 26, 2011
SECRET VOTE COUNTING AND OTHER FORMS
OF OPPRESSION TO CONTINUE IN AMERICA
IF YOU FAIL TO GET INVOLVED.
In Russian Cyrillic, the notion appears almost poetically.
Translated however, it foreshadowed a nightmare of
despotism that would forever affect the world order:
“I consider it completely unimportant who in the
party will vote, or how; but what is extraordinarily
important is this—who will count the votes, and
Attributed to Joseph Stalin, circa 1923, as
The Memoirs of Stalin's Former Secretary
(reprinted 1992) by Boris Bazhanov [Saint Petersburg]
How is your vote counted ??
In 2007, two German citizens, recognizing the threat
to Freedom poised by reliance on the electronic vote
counting machines that had been installed across
sued their State government for redress of their
grievance. They charged their natural Right to know,
without special or expert knowledge, that their
votes were being accurately counted was being
In 2009, the German Constitutional Court
(same as our Supreme Court) issued a detailed Order
thoroughly examining the constitutional issues
involved in election vote tabulation that outright
banned the further use of all
electronic vote counting in Germany, and
specifically required hand marked, publicly
counted paper ballots for all future elections.
Also in 2007, the WTP Foundation organized the National Clean Election
Lawsuit (“NCEL”) – where three citizen plaintiffs
from each state sued the chief election official(s)
from their state. The case was filed in
New York, in federal District Court in
and assigned to Judge Lawrence Kahn.
On June 4, 2008, even though WTP satisfied New York
State’s “long-arm” jurisdiction statute by proving
every state’s election process was intimately
connected to New York City where the (unofficial)
vote subtotals from across the nation were being
physically tabulated by the Associated Press and the
major television networks using secret office
locations in the City, which corporations were in
addition, each legally headquartered within New York
state, Judge Kahn dismissed all non-New York
Defendants and non-New York Plaintiffs.
The non-NY Plaintiffs were dismissed without
prejudice, meaning they could file the same case in
a federal court in their individual states (none
did). However, Judge Kahn ruled NY Plaintiffs (Bob
Schulz and John Liggett) did possess legal standing
and could continue the lawsuit. Discovery and a date
for Trial by a jury, were scheduled. In 2008,
discovery got underway.
In October of 2010, the Defendant NY State Board of Elections again asked
the Court to dismiss the case, once again asserting
that Schulz and Liggett lacked standing to sue. This
motion came a full twenty-eight months after the
Court had already ruled Schulz and Liggett had
standing, and after Schulz and Liggett obtained
44,414 pages of “top secret” (i.e., “highly
restricted,” not to be made public) evidence from
the State in response to their specific discovery
demands for documents explaining specifically how
their votes are recorded and counted by the Dominion
and ES&S electronic voting systems.
Plaintiffs Schulz and Liggett had likewise, many
months earlier, provided a number of documents and
requested evidence to the State Defendants per rules
of discovery. Plaintiff’s evidence contained
numerous items and videos documenting industry-wide
election machine flaws, vote counting malfunctions
and general susceptibility to illegal vote
tampering/hacking, as well as substantial
condemnation of electronic voting machines from both
state election officials (in other states) and
technical/academic experts. In short, the State, for
many months, knew at least part of what Plaintiffs
intended to show the jury, moving the Court a
second time, to dismiss the lawsuit.
January 10 (2011), the District Court had received
the legal briefs from both sides and was in a
position to decide the State’s motion to dismiss for
lack of standing. Click here for a copy of our
Brief in Opposition to the
State’s motion to dismiss and its
On July 7, the Court issued its
granting the motion and dismissing the case.
Based on numerous factual and legal defects in the Court’s Order to
Dismiss, On July 21, Schulz and Liggett filed a
Unfortunately, we must now add Judge Kahn’s decision to the sorry record
of the collective federal government in responding
to attempts by WTP to keep elected officials from
stepping outside the boundaries drawn around their
power by the letter and the spirit of our federal
Lawsuits Against the Government
ARE First Amendment Petitions for Redress of
The record clearly demonstrates in 1995, we filed a professionally drawn,
constitutional challenge to the bailout of the
Mexican Peso by the Executive Branch (President
Clinton and Treasury Secretary Robert Rubin) without
Congressional authorization, a violation of Article
I. The Peso bailout, (actually designed to insure
the Wall Street bankers holding Mexican bonds),
proceeded by Treasury’s direct purchase of Peso’s by
its secretive (i.e., non-audited) “ESF” fund
and by issuing loan guarantees costing
U.S. taxpayers the bulk of $50 billion. (Note that
before becoming Treasury Secretary, Rubin previously
managed a $5 billion fund of Mexican investments at
Goldman Sacs.) The case was dismissed by the
federal courts because the constitutional harm being
suffered by the dozen citizen-Plaintiffs was no
different from the harm suffered by everyone else in
the country. The Supreme Court decided not to hear
The record also shows in 1999, we filed a professionally drawn,
constitutional challenge to the
military bombing of
Yugoslavia, a unilateral, unlawful decision made by
the Executive Branch (President. Clinton, and the
Secretary of Defense and the Chairman of the Joint
Chiefs) without Congressional authorization, a
violation of Article I. The case was also dismissed
by the federal courts because the constitutional
harm being suffered by the Plaintiffs was no
different from the harm suffered by everyone else in
the Country. The Supreme Court decided not to hear
The record also shows between 1999 and 2003, we repeatedly served
professionally drawn, First Amendment Petitions for
Redress on each every member of Congress and the
President over the invasion of Iraq without
congressional authorization, the violation of the Money
clauses of Article I by the Federal Reserve System,
the violation of the privacy clauses of the 4th
Amendment by the U.S. Patriot Act, the violation of
the Second Amendment by the federal gun control
laws, the violation of the “faithfully execute the
laws” clause of Article 2 by the President’s refusal
to execute the laws against illegal immigrants, the
violation of the Declaration of Independence’s
“sovereign nation” principle by those federal
officials who are holding ongoing talks aimed at
creating a North American Union, and the violation
of the Tax Clauses of Article I by the imposition
and enforcement of a direct, un-apportioned
tax on individual labor.
Finally, because no court had ever declared the meaning of the
Redress/Accountability Clause of the First
Amendment, in 2004 WTP Petitioned
the federal court to declare the Rights of the
People and the obligations of the Government under
that clause – the last ten words of the First
Amendment. In the end, the Court (erroneously) ruled
the Government does not have to listen or respond
to First Amendment Petitions for Redress,
rendering the Petition clause null and void. We
waited seven months for that decision, following
oral arguments before the federal Court of Appeals.
Although the legal and constitutional meaning of the
last ten words of the First Amendment had never been
addressed by the Supreme Court, (and remains so) the
nation’s High Court decided not to hear the case.
In December of 2006, while we were waiting for the
Court to declare the meaning of the Right to
Petition in our case, the Congress inserted a brief
provision in the Tax Relief and Health Care Act of
2006, authorizing the Executive Branch to publish a
list of “specified frivolous positions” and to fine
anyone $5,000 who mentions
one of them in any IRS related communication.
In March of 2007, while we were waiting for the
Court to declare the meaning of the Right to
Petition in our case, the Executive branch published
the list of its (so-called) frivolous positions,
which, amazingly, included the First Amendment Right
to Petition. The Court then issued its (erroneous)
decision in our case, declaring the Government is
not obligated to respond to First Amendment
Petitions for Redress and the People do not have the
Right to impose economic sanctions against the
government if the government refuses to respond to
Petitions to Remedy violations of the Constitution.
(This despite the very
words of the Founders)
Let’s not forget the Supreme Court’s decision in the
Kelo case of a few years ago to allow a
municipality to seize the land of a private citizen
and then give it to another private citizen if the
municipality can derive more tax revenue from the
other person, all in violation of the Property
Then there is the recent 2011 decision by SCOTUS that government can
enter your home
without a warrant if they simply suspect
you may be destroying evidence.
Let’s not also forget the
decision this May by the Supreme Court of
Indiana that held a citizen has no right of
self-defense against an invasion of his home by law
enforcement agents even if the invasion is patently
unlawful (no warrant, etc.).
Have You Had Enough Yet?
JOIN THE CONSTITUTION LOBBY!
Think about what most of the people have been doing for decades, over
many administrations, suffering
oppressive act after the other, by both political
parties. Law abiding, peaceful citizens all, they
rally and march, bellyache, bitch and complain, burn
up the Internet with their emails, blogs and videos,
in chorus yelling, “They can’t do that!”
But they DO.
Their bellyaching changes nothing. Their votes change nothing.
Of course, things eventually quiet down, until the
next oppressive act, when the cycle of grandstanding
and posturing starts all over again.
After awhile, the bellyachers lose sight of the
Constitutional forest for the trees, forgetting
about the cumulative, earlier losses of freedom,
failing to “connect the dots” and failing to see the
immediate and present danger – the loss of freedom,
a slice at a time.
The sad truth is, individuals and small groups have changed nothing,
whether by Petitioning for Redress under the First
Amendment, or simply bellyaching.
Beyond this, the political process continues its
dance of illusion, its two parties promising, “just
more election” will fix what ails the nation.
The People, largely ignorant of their little-known,
long forgotten Rights protected by the Constitution,
continue to rely on the electoral process to secure
accountability in government, as if their Rights
were, or could ever be, guaranteed by a political
majority of those in the Congress or their State
If you live in
or New York and have not joined the six week old
Constitution Lobby in your State, WHY NOT? You can
join the Connecticut Constitution Lobby
here. You can join the New York Constitution
here. Join the weekly Constitution Lobby
If you live in another state and have not stepped up to create a
Constitution Lobby for your state, WHY NOT?
We the People are at fault for the mess we are in. We allowed it to
happen. Let’s get it through our heads:
The Constitution in not a menu.
The Constitution cannot defend itself.
It’s obvious, the Government WILL NOT defend the Constitution.
It’s obvious, the Constitution will not be defended unless the People
rise to defend it.
It’s obvious, the People are the only sure reliance for the preservation
It’s obvious, individuals and small groups cannot prevail against
It’s obvious that despite their best efforts, those
attempting to rely on the political process
to secure their Individual Rights and
cannot possibly prevail against both a corrupt
government and corrupt political majority of
It’s obvious, We the People will achieve the reform we are entitled to
only if we are pro-active, non-violent and have an
organized mass-movement united in spirit and
It’s obvious that We the People need a new institution in every state
dedicated to institutionalizing Citizen Vigilance,
confronting government wrongdoers, and securing
meaningful REDRESS FOR OUR GREIVANCES through the
coordinated, en masse exercise of all
peaceful, lawful means of organized resistance
expressly protected by our Constitution and
Individual natural Rights as true Sovereigns granted
us by our Creator.
It’s obvious, only a CONSTITUTION LOBBY of, by and for the People in each
state, with a dues paying membership of 5% of the
state’s population will prevail.
So, People, let’s get on with it.
It’s either this or eternal tyranny.
It’s time to choose and live with the consequences.
Please know that your donations
are urgently needed. We are spending money hand over fist
J to facilitate the start-up of the
Constitution Lobby here in
New York and elsewhere.
Your giving is going for GOOD.
to WTP today.
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