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TOPICS: SUPPORT KPFT! Nov. 7 Elections & Voting, Obamacare registration, Attorney Mark Small and Plaintiff Christopher Gagliardi
GUEST(S): Attorney Mark Small and Plaintiff Christopher Gagliardi
Attorney Mark Small is an Appeals Attorney practicing law in Indianapolis, Indiana. He has had three novels published and hosted a podcast, “Civil Discourse Now,” for four years. He is Admitted to Practice Law in:
- 1989, Indiana and US District Court, Southern and Northern Districts of Indiana
- 1990, US Court of Appeals, Seventh and Ninth Circuits; 1998, US Supreme Court; US Court of Appeals, Federal Circuit, District of Columbia
- From ReVote2017: “Mark will explain his decision to file a new complaint in the Federal District Court of DC, on behalf of the American electorate, whose right to a free and fair election was stolen by foreign invasion in the 2016. This complaint will seek to nullify the election, thereby making Hillary Clinton the President of the United States, or triggering a new election altogether. Mark will be joined by special needs activist Christopher Gagliardi, who was a petitioner in the last phase, on USSCC#16-1464 Bailey et al versus United States, and who has agreed to be a plaintiff in the next case. Small and Gagliardi, together with the rest of the ReVote2017 team, have vowed to [fight] for our democracy until we get our country back. Tune in at 10pm EDT (9PM CDT) by clicking at the following link and then clicking on the left …”
Christopher Gagliardi is a Motivational Speaker, Youth Advocate for the physically and Mentally Challenged, Fmr. Candidate for assembly, Starbucks Barista, Self-Advocate Advisor to Autism New Jersey, Garden State Equality Board Of Directors. He lives in Englewood, New Jersey, USA
- Christopher Gagliardi (<– CLICK LINK FOR MINI-AUTOBIO) is a truly courageous and passionate member of Bros4Hillary who penned this moving and inspirational open letter to the Electoral College. Gagliardi is 35-years-old and lives with a condition known as infantile autism, though his spirit and passion are outsized by any measure. We hope you will take a moment to see just one of the many voices out there speaking up for what they believe in. – Editor (from “Bros on the Ground: Christopher Gagliardi” December 5, 2016 Bros4AmericaNewsRoom)
- From ReVote2017: “Mark will explain his decision to file a new complaint in the Federal District Court of DC, on behalf of the American electorate, whose right to a free and fair election was stolen by foreign invasion in the 2016. This complaint will seek to nullify the election, thereby making Hillary Clinton the President of the United States, or triggering a new election altogether. Mark will be joined by special needs activist Christopher Gagliardi, who was a petitioner in the last phase, on USSCC#16-1464 Bailey et al versus United States, and who has agreed to be a plaintiff in the next case. Small and Gagliardi, together with the rest of the ReVote2017 team, have vowed to [fight] for our democracy until we get our country back. Tune in at 10pm EDT (9PM CDT) by clicking at the following link and then clicking on the left …”
For the purposes of this show, I operate on two mottoes:
- You’re entitled to your own opinion, but not your own facts;
Houston Mayor Annise Parker [L] with Mike, just before the show. (Dec. 7, 2015)
- An educated electorate is a prerequisite for a democracy.
SIGNOFF QUOTE[s]:
The deliberations of the Constitutional Convention of 1787 were held in strict secrecy. … anxious citizens gathered outside Independence Hall when the proceedings ended in order to learn what had been produced behind closed doors. …A Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” … Franklin responded, “A republic, if you can keep it.” ~ (Benjamin Franklin) http://www.ourrepubliconline.com/Quote/41
To be fair, of all the sports I don’t care about, I like baseball the most. Maybe it’s because I have ADD, and the game moves slowly enough that if I briefly lose focus, I’m not likely to miss anything important. ~ Michael R. Honig, October 22, 2017
- ACA (aka OBAMACARE): Healthcare.gov
-
2018 Open Enrollment runs from Nov 1 – Dec 15. Are you ready?
- EARLY VOTING
- October 30 – November 3: 7:00 a.m. – 7:00 p.m.
- Election Day: Nov 7
-
- Mark will explain his decision to file a new complaint in the Federal District Court of DC, on behalf of the American electorate, whose right to a free and fair election was stolen by foreign invasion in the 2016.”
- Talking points:
- Must remove Trump from an office he illegally “obtained”. (i.e. elected)
- Talk about the legal meaning of “obtained” in this instance
- Today’s news: makes all this more obvious.
- Explain why: Tried before Supreme Court for a Writ of Mandamus: Dismissed w/o comment.
- What does “w/o comment” mean?
- Next week we shall file a lawsuit for violation of civil rights—the right to vote—and ask for a mandamus action and a request for appointment of a special master.
- “The rest of the world knows Russia, not the American people, picked the occupant of the Oval Office in 2016.” ~ Mark Small
- HURDLES:
- No apparent legal basis for our claim.
- Understanding “local rules”.
- Admitted to this district for US Court of Appeals n this Circuit (US District Court for DC)
- Talking points:
- TV Talk:
- “The Good Place”
- “The Orville”
- “Adam Ruins Everything”
TOPICS FROM PREVIOUS WEEKS:
LINKS:
- Emoluments Clause of the Constitution (From Wikipedia, the free encyclopedia):
- The Ineligibility Clause, one of the two clauses often called the Emoluments Clause,[1][2] and sometimes also referred to as the Incompatibility Clause[3] or the Sinecure Clause,[4] is found in Article 1, Section 6, Clause 2 of the United States Constitution. It places limitations upon the employment of members of Congress and prohibits employees of the Executive Branch from serving in Congress during their terms in office. The name “Ineligibility Clause” is only used by a minority of writers, as compared to the name “Emoluments Clause”.[1][2][5]
- The clause states: “No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.”
- Twenty-fifth Amendment to the United States Constitution (From Wikipedia, the free encyclopedia)
The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities. It supersedes the ambiguous wording of Article II, Section 1, Clause 6 of the Constitution, which does not expressly state whether the Vice President becomes the President or Acting President if the President dies, resigns, is removed from office or is otherwise unable to discharge the powers of the presidency.[1] The Twenty-fifth Amendment was adopted on February 10, 1967.[2]
-
- Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
- Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
- Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
- Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
- Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.[3]
- Group will sue Trump over business’ foreign profits, By Cyra Master 2 hrs ago (The Hill) 1/22/2017 via MSN
- The Title of Nobility Clause [Also known as the Emoluments Clause] is a provision in Article I, Section 9, Clause 8 of the United States Constitution, that prohibits the federal government from granting titles of nobility, and restricts members of the government from receiving gifts, emoluments, offices or titles from foreign states without the consent of the United States Congress. Also known as the Emoluments Clause, it was designed to shield the republican character of the United States against so–called “corrupting foreign influences”. This shield is reinforced by the corresponding prohibition on state titles of nobility in Article I, Section 10, and more generally by the Republican Guarantee Clause in Article IV, Section[2] ~ Title of Nobility Clause – Wikipedia https://en.wikipedia.org/wiki/Title_of_Nobility_Clause
SOURCES WHICH MAY BE RELEVANT TO OTHER DISCUSSION:
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- Trial Balloon for a Coup? Analyzing the news of the past 24 hours, by Yonatan Zunger
- Four Freedoms, From Wikipedia, the free encyclopedia: The Four Freedoms were goals articulated by United States President Franklin D. Roosevelt on January 6, 1941. In an address known as the Four Freedoms speech (technically the 1941 State of the Union address), he proposed four fundamental freedoms that people “everywhere in the world” ought to enjoy:
- Freedom of speech
- Freedom of worship
- Freedom from want
- Freedom from fear
- Roosevelt delivered his speech 11 months before the United States declared war on Japan, December 8, 1941. The State of the Union speech before Congress was largely about the national security of the United States and the threat to other democracies from world war that was being waged across the continents in the eastern hemisphere. In the speech, he made a break with the tradition of United States non-interventionism that had long been held in the United States. He outlined the U.S. role in helping allies already engaged in warfare.
- Differences between Liberals, Conservatives, Libertarians and neo-Conservatives
- Left–right politics, From Wikipedia, the free encyclopedia
- History of the terms: The terms “left” and “right” appeared during the French Revolution of 1789 when members of the National Assembly divided into supporters of the king to the president’s right and supporters of the revolution to his left. One deputy, the Baron de Gauville, explained, “We began to recognize each other: those who were loyal to religion and the king took up positions to the right of the chair so as to avoid the shouts, oaths, and indecencies that enjoyed free rein in the opposing camp.” However the Right opposed the seating arrangement because they believed that deputies should support private or general interests but should not form factions or political parties. The contemporary press occasionally used the terms “left” and “right” to refer to the opposing sides.[9]
- Greens and Libertarians: The yin and yang of our political future, by Dan Sullivan (originally appearing in Green Revolution, Volume 49, No. 2, summer, 1992)
- … Libertarians tend to be logical and analytical. They are confident that their principles will create an ideal society, even though they have no consensus of what that society would be like. Greens, on the other hand, tend to be more intuitive and imaginative. They have clear images of what kind of society they want, but are fuzzy about the principles on which that society would be based.
- Ironically, Libertarians tend to be more utopian and uncompromising about their political positions, and are often unable to focus on politically winnable proposals to make the system more consistent with their overall goals. Greens on the other hand, embrace immediate proposals with ease, but are often unable to show how those proposals fit in to their ultimate goals.
- The most difficult differences to reconcile, however, stem from baggage that members of each party have brought with them from their former political affiliations. Most Libertarians are overly hostile to government and cling to the fiction that virtually all private fortunes are legitimately earned. Most Greens are overly hostile to free enterprise and cling to the fiction that harmony and balance can be achieved through increased government intervention.
- Amongst published researchers, there is agreement that the Left includes anarchists, communists, socialists, progressives, anti-capitalists, anti-imperialists, anti-racists, democratic socialists, greens, left-libertarians, social democrats, and social liberals.[5][6][7]
- Researchers have also said that the Right includes capitalists, conservatives, monarchists, nationalists, neoconservatives, neoliberals, reactionaries, imperialists, right-libertarians, social authoritarians, religious fundamentalists, and traditionalists.[8]
- Left–right politics, From Wikipedia, the free encyclopedia
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