Archive for June, 2016

North Carolina – First Amendment Center

State Supreme Court says attorney-client privilege means documents involved in redistricting can remain confidential.

4th Circuit rules that officials did not violate mans rights when it fined him for painting Screwed By The Town of Cary on his house.

Brian France, who has fought for years to keep confidential the details of his 2008 divorce, had appealed judges ruling that documents in the case should be made public.

Religious colleges in North Carolina, Illinois are challenging rules that require the schools to provide free contraceptives to employees.

Game operators had argued that 2010 law banning sweepstakes machines as a form of gambling violated their free-speech rights.

North Carolina cant offer anti-abortion license plates unless it also makes plates available for people who support abortion rights, court finds.

At issue is a new North Carolina law that strengthens a cyberbullying statute to provide extra protection to school employees from online defamation.

ACLU says statute, which may be the first of its kind in the country, could chill students speech and vows to seek plaintiffs for a possible court challenge.

North Carolina elementary school that told girl to remove reference to God before reading her poem to students was technically defensible, but it probably would have been better to let her read it as written.

Federal appeals panel finds inmate failed to explain how denial of outdoor circle for Asatru ceremony violated his religious beliefs.

All of America used to be a free-speech zone, says John Murdock of New York after police direct convention protesters who disrupted traffic into designated fenced-in area.

Critics fear that in enforcing new Charlotte, N.C., ordinances, authorities could trample on peoples constitutional rights in the name of protecting public safety.

During discussion about candidates, North Carolina social studies teacher tells high school students they could be arrested for criticizing the president.

Anti-abortion protesters sued after Jacksonville police, citing safety concerns, refused to issue them a permit to picket outside a womens clinic.

Split three-judge panel says law is overbroad and infringes on the free-speech rights of game operators.

More here:
North Carolina - First Amendment Center

Flagler GOP

Greetings to all our existing and new FCRC members. Lots of meetings and events are happening now in 2016 related to the Florida Presidential Election March, the August 30th Primary Election and the November 8th Presidential Election. Please join us in electing a Republican in the White House in 2016! Come be a part of our team to elect our Republican Candidates. Currently, Flagler County has over 40 local Republicans standing for election at the State Level and in the City and County races. And, FCRC will be focusing on providing a platform for our Republican candidates assisting them in getting the vote out and reaching out to voters to getthemregistered to vote and to get out and vote.

Our next regularly scheduled monthly FCRC meeting is on Wednesday, February 3rd, 2016 at 6:00 pm at the Palm Coast Community Center located at the corner of Palm Coast Parkway and Club House Dr.. Doors open at 5:30 pm. Our meetings are open to all Republicans and their guests. We have scheduled two Great speakers for that meeting. Florida U.S. Senate candidate, Todd Wilcox. He is a decorated combat veteran, a former CIA officer and a successful business leader. Also speaking is Florida District 6 Congressional Republican candidate, Brandon Patty. Patty has been a Political Aide for both Jeb Bush and Marco Rubio and is also a Navy Veteran. The candidates will discuss their background, experience and vision for the nation. Questions will be allowed from the audience.

Please dont miss this event and your chance to meet and talk with these candidates who seek to represent us in Washington. See you there!

Wesley J. Priest, FCRC 2016-2017 President

Originally posted here:
Flagler GOP

Democrats.com Archive: Florida Recount

Florida Recount

Florida FEC Rules that Palm Beach Commissioner Violated Laws in Pressuring Judges during Recount 09-Jul-03 Florida Recount

"The Florida Elections Commission has ruled that Palm Beach County Commissioner Mary McCarty violated state campaign finance rules in working to oust three Florida Supreme Court justices. It will decide next month whether to impose up to $450,000 in fines against her. On May 21, the FEC voted 7-0 to adopt an administrative law judge's findings that McCarty violated state election laws in the collection, expenditure and reporting of tens of thousands in political action committee (PAC) funds... During McCarty's two-day hearing, the FEC's lawyer argued that Stone and McCarty established the Committee to Take Back Our Judiciary to pressure the state Supreme Court to rule in favor of then Texas Gov. George W. Bush in his ballot recount battle with Al Gore. McCarty testified that the committee began to take shape six to nine days after the Nov. 7 election. The Florida Supreme Court was first asked by Gore to order hand recounts in the decisive Florida race on Nov. 15."

Scott Wyman writes: "An employee in Broward County's elections office has told prosecutors that there are more uncounted absentee ballots from September's primary than those found this week in a file cabinet. The lawyer for the employee said she discovered more than 500 unopened ballots in the office mailroom two days after the election. According to the story she laid out to prosecutors, she notified her supervisor and was told there had been a mix-up and that the votes needed to disappear."

In an article about Katherine Harris' new book, The Associated Press lied about the manual recount by the Media Consortium - which included the AP. The AP now says, "Some unofficial ballot inspections paid for by consortiums of news agencies showed Bush winning by varying margins." But here's what the AP itself wrote on 11-11-01: "A full, statewide recount of all undervotes and overvotes could have erased Bush's 537-vote victory and put Gore ahead by a tiny margin ranging from 42 to 171 votes, depending on how valid votes are defined." E-mail feedback@ap.org and tell the AP to stop its Orwellian rewrite of history!

Bloomberg.com reports: "Enron Corp., Halliburton Co. and Reliant Energy Inc. -- three companies whose finances are being examined by U.S. regulators -- were among the corporations reimbursed for the use of their corporate jets by the Bush committee during the 36-day recount...The Bush committee paid the 10 companies $140,365 for use of the planes, according to the documents, which listed total spending of $13.8 million on legal, transportation and other expenses during the recount...Several other executive jets rented by Bush's recount committee belonged to oil industry companies, including Houston- based Anadarko Petroleum Corp., Los Angeles-based Occidental Petroleum Corp., and Tom Brown Inc., a Denver-based oil- exploration company." The filing also shows that Bush spent about $1 million to house the Bush recount staff, about $40,000 per person, for the 36 day period.

A distinguished panel of leaders -- including Rev. Jesse Jackson, Congressman Alcee Hastings, Civil Rights Commission Chair Mary Francis Berry, and others -- headline a community meeting in Ft. Lauderdale on Wednesday January 9th. The event will build support for pre-emptive actions to ensure that the discriminatory actions used in 2000 to disenfranchise Florida voters will not be able to be used in 2002. If you are in south Florida bring 5 people with you and go!

Aaron Cohen gave Meria Heller the exclusive scoop on two breaking stories. First, why September 11th wasn't prevented - where were our intelligence men? The FBI was diverted ever since the lst bombing of the WTC in 1993 by Republicans obsessed with Bill Clinton. 52 of the best FBI agents were assigned to Clinton, leaving limited resources available to follow up on all the leads that could have prevented 9/11. Second, Aaron worked for the NORC report (Fla. Recount) and reports that it was defective MACHINES - not people - that screwed up the count, yet no investigation of illegal tactics has occurred. Other news: NEW Bin Laden Video; boat people and children in trouble in Australia; Brigitte Bardot threatened for defending dog-meat in South Korea; and an AWESOME report by Robert Fisk, who got his butt kicked in Afghanistan

On November 12, the members of the corporate Media Consortium published their analysis of the Florida recount. Although the data proved that Al Gore won under all scenarios in which ALL legal votes were counted, the Media Consortium nevertheless proclaimed Bush the winner. In other words, the media lied - to preserve the fiction that Bush is a legitimate President, and the Supreme Court's outrageous and anti-democratic ruling in Bush v. Gore was irrelevant. In a Democrats.com EXCLUSIVE, we are reviewing all of the Florida Recount stories, and issuing a grade. We call it the "Media Integrity Test" - and we welcome your own submissions!

In its rush to conceal the truth about the Florida recount, the NY Times declared "George W. Bush would have won even if the United States Supreme Court had allowed the statewide manual recount of the votes that the Florida Supreme Court had ordered to go forward." But the judge chosen to supervise this recount, Terry Lewis, recently told the Orlando Sentinel that "he would not have ignored the overvote ballots" - especially since Bush's lawyers were demanding their inclusion. As Mickey Kaus points out in Slate, the conclusion of the NY Times (and other Consortium members) "is thoroughly bogus - unfounded and inaccurate. If the recount had gone forward Judge Lewis might well have counted the overvotes in which case Gore might well have won. Certainly the Times doesn't know otherwise." In other words, the NY Times LIED. E-mail letters@nytimes.com and demand a front page retraction!

"Gore won under a strict-counting scenario and he won under a loose-counting scenario. He won if you count 'hanging chads' and he won if you counted a 'dimpled chad.' He won if you counted a dimpled chad only in the presence of another dimpled chad on the same ballot the so-called 'Palm Beach' standard. He even won if you counted only a fully-punched chad. He won if you counted partially filled oval on an optical scan and he won if you counted only a fully-filled optical scan. He won if you fairly counted the absentee ballots. No matter how you count it, if everyone who legally voted in Florida had had a chance to see their vote matter, Al Gore would be sitting in the Oval Office today." So writes Eric Alterman in MSNBC.

According to the St. Petersburg Times, "Gore could have picked up 2,182 votes last November on overvotes where voter intent is clear, and Bush would have gained 1,309 votes, the media companies' analysis shows. That difference [873 votes] would have enabled Gore to defeat Bush in any statewide recount that included overvotes, regardless of what statewide standard for counting undervotes was used." These clear votes should have been counted on Election Day; election officials who failed to do so broke the law. Moreover, the analysis of 2-candidate overvotes shows that Gore would have gained another 25,000 votes, if all of Florida's counties used error-checking machines.

"Make no mistake. Al Gore won in Florida. Under any consistent legal standard of counting the ballots, Gore won. The fact that the media consortium is lying about the results is more an indication of just how debased our democracy has become, than it is a reflection of what appears on the ballots that were examined." So writes Paul Lukasiak.

The media consortium applied its ballot review to nine scenarios for recounting ballots. Under six of the nine, Al Gore won.

We waited for more than a year for 175,000 uncounted votes to be counted. Now the results are in, and the facts show that Al Gore won Florida. But Republicans and the corporate media cannot allow the public to see the truth - that Gore won and Bush lost - because that would expose the Presidency of George W. Bush as illegitimate. So the same people who helped Bush steal the Presidency are now trying to steal the Truth. This page is dedicated to exposing the monumental efforts by the media to distort the truth: that Al Gore won, and George Bush stole the Presidency with the help of Jeb Bush, Katherine Harris, the U.S. Supreme Court, and the TV networks.

Way back in January, the Media Consortium promised to announce the results of its recount by the end of March. Amazingly, it's now November - and we know the results of the 2001 election before the 2000 election! According to the grapevine, the results will FINALLY be released on Sunday. Naturally, we are certain the data will PROVE that AL GORE WON. Stay tuned...

"There's an elite few who do know what happened in Florida, or at least have a better sense than anyone else. What they're doing is concealing information that's crucial to the spirit and process of American democracy. Election reform was, for a while there, an urgent requirement for both federal and state government. Only there's something very odd about trying to fix something when it's unclear just what went wildly wrong (if Mr. Gore really won) or even just mildly wrong (if Mr. Bush still won, flaws in casting votes and counting votes aside). Imagine these newspapers and the like railing on and on, and justifiably so, if it were the government withholding such information from them." So writes the Albany Times-Union.

The Sydney Morning Herald on Monday quoted the chief flack for the Wall Street Journal as saying that it no longer cared to know who won the presidential election. Well, now why would that be?

The failure of the U.S. media organizations to complete the definitive study of uncounted ballots from the Florida presidential election is due to a misplaced politics of patriotism, observed the London Telegraph on October 21st. The results of an examination of 170,000 ballots that were rejected by machines as uncountable are now being suppressed by the American media organizations who sponsored the study. An apparent Gore victory, says the Observer, "appears to have been sacrificed on the altar of patriotism and a perception that America needs to be led into war by a strong president." Apparently, our supposedly independent news media believe we can't handle the truth.

"The media conglomerates chose sides in the 2000 election based on the one and only thing that matters to multinational corporations - profit. They accurately determined that George W. Bush was the candidate who would best allow them to maximize that profit. They have a huge financial stake in the political well being of Bush. And now, they have the results of a ballot study in Florida that unexpectedly shows a decisive victory for Al Gore. Journalistic integrity dictates that they release the accurate results of that study to the public. Financial self-interest dictates that they do not. Unless public pressure causes the media elite to decide that failing to release the accurate results of the ballot study would do them more harm than good, it is likely that financial self interest will trump journalistic integrity. As usual." So write Carolyn Kay and David Podvin in Makethemaccountable.com.

"It is simply false for the Consortium to claim people were unaware that the results were developing in a way that would be highly embarrassing, at best, for George W. Bush. The Republican observers saw the strong pro-Gore trend and responded with typical aplomb. A GOP activist accused one NORC coder of being drunk on the job, a lie that was later disproven. Even so, Republican operatives reportedly pressured another coder to confirm the phony allegation. The Republicans yelled about the quality of the coders, screamed about the treachery of the process, and threw temper tantrums about the unfairness of it all. Of course, they offered no proof of their slanderous charges. Though the GOP observers were publicly panicking as the trend continued strongly against them, the Consortium observers in the very same rooms claim to be completely unaware of who was winning." So write David Podvin and Carolyn Kay at Make Them Accountable.

David Podvin writes in Make Them Accountable, "According to a source whose previous information has proven to be accurate, the Consortium of news organizations that recounted the presidential votes in the 2000 Florida election was shocked to find that former Vice President Al Gore decisively won the state, and it is now concealing the news of Gores victory from the American people... The Consortium was stunned to discover that the recount revealed Gore won a clear victory. Even after casting aside the controversial butterfly ballots and discarding ballots that were 'iffy', Gore decisively won the recount. While the precise numbers are still unavailable, a New York Times journalist who was involved in the project told one of his former companions that Gore won by a sufficient margin to create 'major trouble for the Bush presidency if this ever gets out.'" We demand the truth!!!

If Mr. Bush and his cohorts are unable to guide our nation back to truth and democracy, and if our Democratic leaders are not powerful enough to ensure that formal investigations are launched, we may have only one alternative left. To adhere to the rule of law, and to reclaim and restore our democracy - we must resort to a Citizens' Arrest of George W., Jeb, Katherine, et. al.

Just released is an independent analysis of the spoiled votes in Florida's 2000 presidential election by Philip A. Klinkner of Hamilton College in Clinton, NY. This analysis gives even more weight to the findings of the Civil Rights Commission that thousands of black voters in Florida were systematically disenfranchised. Klinkner analyzed the spoiled votes from all precincts in Florida, adjusting for a variety of factors that could contribute to vote spoilage -- such as age, education, illiteracy, etc. The results show that the number of spoiled votes was not significantly related to education, age, or even voting method. Instead, the number of spoiled votes was found to be related to the number of black voters in a precinct. In other words, systematic vote spoilage appears to have occurred that was caused by something - or someone - other than the voter. Gee, we wonder who that could be?

Steve Cobble, who directs the Campaign for a Progressive Future, takes a good hard look at the real numbers shown by the polls. You wouldn't know it by watching the evening news, but a very healthy slice of the American electorate has not forgiven the Republicans for their theft of the presidency. Bush is still not regarded as a legitimate president by the American public. The truth wants to be told.

The Herald's review of the Florida overvote is based on such erroneous data that the conclusions are completely unreliable. More significant, however, is the marked bias in the errors; they consistently increase the likelihood of a greater net gain in votes for George W. Bush than for Al Gore. The Herald consistently misrepresents its own data and consistently skews the numbers to create a "recount victory" for Bush in Florida... the Miami Herald has abdicated its journalistic duty to present the unbiased truth. Their "inconclusive" results on the recount have been achieved by using false data. Some votes were doublecounted; hundreds of others were omitted. Unable to sort out the confusing spin of numbers upon numbers presented in the Herald report, the average citizen will not question their accuracy or the validity of the conclusion. But if you follow the ball, bouncing all over Florida, the truth emerges. The conclusion that Al Gore got the most votes in Florida is the only way to explain the Bush team's desire to halt the recount, and the Supreme Court's willingness to risk its reputation by ordering the halt.

Researcher Paul Lukasiak invited the principal author of the Herald's analysis, Marty Merzer, to reply to our in-depth critique. His reply was a simple brushoff: "We stand by our methodology, our ballot reviews and our reporting." Lukasiak has again requested a detailed, point-by-point reply.

Upon close scrutiny, the Miami Herald's review of the Florida overvote is so egregiously flawed that it is completely unreliable. More importantly, however, is that there is a marked bias in that unreliability that provides a significant perceived advantage to George W. Bush. The Herald consistently misrepresented its own data, and just as consistently skewed the numbers to make it look as if Bush got more votes than Gore in Florida.

The Miami Herald completed its count of 111,261 overvotes, and Al Gore gained 682 votes among the 3% (3,146) where the intent of the voter was absolutely clear. "Generally, this occurred when voters chose a candidate and then cast a write-in vote for that same candidate," according to the Herald. Under Florida law, these votes are REQUIRED to be counted on Election Day. If these votes had been counted, Katherine Harris would have had to certify Gore as the winner on November 27 by 145 votes - without examining a single hanging chad in Palm Beach County. In addition, Gore beat Bush by 46,466 among the other 97% of the overvotes. These votes would have been clear votes if all of Florida's counties - not just the wealthiest - had used instant-check technology. We now know the truth: Al Gore won Florida, and Bush is not the legitimate President. Since Bush ran on "restoring honor and integrity to the White House," we are calling upon Bush to do the only honorable thing - RESIGN!

Matt Drudge reports that the media consortium has completed its Florida count. "It looks like there is going to be something for both sides [Bush and Gore] to chew on here," said a source with direct access to the recount data. "There are conflicting results." Here's the translation from Drudgespeak to English: Al Gore won the election, but Karl Rove & Co. are doing everything in their power to spin the results to deny this plain reality. Don't let the media distort the truth!

We didn't know that the Miami Herald, which released its count of 64,000 undervotes last month - is also counting the 110,000 overvotes, and will announce its results in "days." Meanwhile, the media consortium count by the AP, CNN, New York Times, Palm Beach Post, St. Petersburg Times, Tribune Newspapers, Wall Street Journal, and the Washington Post, will be announced "within the next two months." The Herald's "Bush Wins Again" spin on the undervote recount was a journalistic scandal, since their own facts showed that Gore won if every vote was counted. Let's see how badly they distort the overvote results.

The Miami Herald rushed to judgment with its recount of Florida's undervotes, sacrificing thoroughness, method, and accuracy to break the story first. Meanwhile, the consortium of major news organizations that has been counting undervotes AND overvotes has hung in there, through internal squabbles, gun-jumping by the press and increasing pressure by impatient editors. When their tally is finally done, the result (no doubt marked by blood, sweat, and tears now as well as hanging chads!) is expected to be the "real thing."

The Democratic National Committee yesterday accused the $8 million Bush-Cheney vote-recount fund of evading a new law aimed at unreported political spending and called for an IRS investigation of the fund's failure to publicly disclose its contributions and expenditures. In a letter to Internal Revenue Service Commissioner Charles O. Rossotti, DNC Chairman Terry McAuliffe charged that the Bush-Cheney recount operation amounted to "the biggest 'stealth PAC'" ever created. He said it should have registered with the IRS under the law passed last year requiring secretive tax-exempt groups to reveal their finances.

Late last week, the National Opinion Research Center completed its tally of 180,000 undervotes AND overvotes in Florida. We haven't heard the results yet, but we bet that Shrub has! And we know that the LAST place he wants to be when Gore is declared the winner is in Florida. So is that why he suddenly cancelled his visit to Jacksonville on Wednesday? Inquiring minds want to know...

When the Miami Herald came out Wednesday with the much-anticipated story about the Florida vote count, I was again hoping against hope that some major media outlet in this country would start covering the Florida Presidential Election in a fair and even handed manner. I was again disappointed.

"[Barry] Richard has discovered that the Bushies' gratitude has its limits. More than four months after the U.S. Supreme Court ended the 2000 election, he and his firm, Greenberg Traurig, are still owed more than $800,000 in legal fees. The firm, which sent 39 lawyers and 13 paralegals into court battles all over the state, is one of a dozen that have so far been stiffed. The estimated total tab: more than $2 million...As for the law firms, they are taking pains not to alienate their deadbeat clients, for fear of damaging their burgeoning Washington lobbying practices. Greenberg Traurig now represents electric power companies, drug manufacturers and Internet gambling interests willing to pay big money for access to policymakers." Bush Daddy's buddies will probably bail out the wastrel son. They always do.

"Bush officials refused to reveal the final tab for the 40 days of legal combat that raged through election boards, a series of state courts and twice went to the Supreme Court. And many of the lawyers who submitted bills totaling hundreds of thousands of dollars concede they may never be paid. Some ethics watchdogs criticized the secrecy, cloaking the millions of dollars in debts and funding that made a presidency possible. One unanswered question is whether attorney Ted Olson of Gibson, Dunn & Crutcher worked for free when he argued Bush's case before the Supreme Court, or whether his tab is still pending. Olson, of Gibson, Dunn & Crutcher, is the president's pick for U.S. solicitor general." Commented Larry Noble of the Center for Responsive Politics: "[These firms] may figure that this is an administration in power and that they'll get paid back in other ways over time," such as through their lobbying practices.

According to the investigation by Pulitzer Prize-winning journalist John Lantigua in the April 30 issue of The Nation, Florida's black community -- provoked by Governor Jeb Bush's attack on affirmative action -- mounted a voter registration drive that increased black voter turnout by an astounding 65 percent. What did Bush do? Using taxpayer funds, the state took extraordinary steps to fight the influx of legitmate American voters. As many as 200,000 Floridians -- mostly African Americans -- were purged from the voter rolls or denied the right to vote in what has to be considered the biggest crime against the people since the era of cross-burnings and lynchings.

It has been more than three months since the U.S. Supreme Court violated all principles of law and stopped the counting of votes in Florida in order to declare George W. Bush the President of the United States. With the passage of time, we have learned many details about how Bush stole Florida, but the media remains adamantly opposed to examining these details. Here are some of the many crucial questions we believe the media needs to ask about the Florida election in order to find out the truth.

"If you count every vote, Gore wins." So says Doug Hattaway, a former Gore campaign spokesman. When USA Today declares "Newspapers' Recount Shows Bush Prevailed In Fla. Vote," they are simply lying.

What did our readers think of the Nightline show? Read their own words.

DNC Chair Terry McAuliffe took on the Miami Herald's distorted coverage of the Florida recount results. "The same study that Republicans tout as proving that Bush really won Florida, also shows that if all the ballots were counted on election night, Al Gore would have won. And if all the people who intended to vote for Gore actually got to vote, without being confused or intimidated, the results would have been overwhelmingly in favor of Gore. Any way you spin this data, you still come to the same conclusion, more must be done to protect our sacred right to vote and have our votes counted." And more must be done to tell America that Bush didn't win the Presidency, he stole it!

On the day AFTER its headlines circled the planet, the Miami Herald published a follow-up story headlined: "Recounts could have given Gore the edge." Say what? "Had the Broward and Palm Beach canvassing boards used the loosest standard in judging ballots and finished the recount by the court-set deadline -- which Palm Beach did not meet -- Gore almost certainly would have won. He might have gained 2,022 votes in the two counties when Bush's state lead was only 930." So why wasn't this the lead story on Wednesday? E-mail the Herald (HeraldEd@herald.com) and demand an apology for this journalistic dirty trick. And forward this story to all of the media that yesterday proclaimed that "Bush won."

"If you count every vote, Gore wins." So says Doug Hattaway, a former Gore campaign spokesman. When USA Today declares "Newspapers' Recount Shows Bush Prevailed In Fla. Vote," they are simply lying.

According to Florida law, county officials must count every ballot that cannot be read by a machine. If county officials had followed the law, Gore would have gained 1,323 among the 64,248 undervotes counted by the Miami Herald, not even counting the approximately 120,000 overvotes that will be counted in a few weeks.

On Sunday at 9 pm EST, the Miami Herald is expected to announce the results of its statewide recount of undervotes. On the eve of Bu$h's quasi-state-of-the-union address, the Herald lied to America by declaring that Gore's small gains in one county (Miami-Dade) proved that Bu$h actually won. Let's see how the Herald - and the Republicans - spin the story this time...

We went on high alert on Tuesday, expecting the Miami Herald and USA Today to announce the results of their recount of 67,000 undervotes in Florida. But then they called it off. Is Karl Rove scrubbing the data first? "That's bullshit," said Miami Herald managing editor Mark Seibel. "You can quote me on that." We shall see...

Nearly five months after the election, the US media has still not reported on the many frauds committed by Republicans to steal the Presidency. Judging from the advance writeup, Nightline's show on Duval County (Jacksonville) may be yet another attempt to deny the reality that Bush stole the election. Nightline's angle is that the testimony of countless witnesses is nothing more than "anecdotes" - and because the witnesses are mostly black, they should be dismissed as mere "perceptions." Hey Nightline, quit telling us how to think and do your job of reporting the facts: 1) that the overvotes were caused by specific instructions from Republican Election Supervisor John Stafford to "vote EVERY page", while he spread the Presidential candidates over TWO pages; 2) that 27,000 votes in Duval county were voided, more than any other county in Florida; 3) when Rep. Corinne Brown (D-FL) heard about the 20,000 void ballots in Palm Beach and asked Stafford how many ballots were voided, he lied and told her "a few hundred." If she had known the truth, she would have filed for a manual recount, which could have produced the 154 votes that Gore needed to win Florida. Phone Nightline at 202-222-7000, e-mail niteline@abc.com, or use their web form: http://abcnews.go.com/onair/email.html

An investigation by Democrats.com has revealed that hundreds - possibly thousands - of Florida votes for Al Gore and George W. Bush were never counted because marks in the "write-in" section of the ballot caused these ballots to be incorrectly treated as "overvotes." Florida Secretary of State Katherine Harris certified more than 28,000 overvotes from counties that violated Florida law by ignoring such votes. Had these votes been properly counted, Al Gore may well have been declared the winner in Florida.

It is a crime that the Republican Party stopped the counting of Florida's 60,000 undervotes. But perhaps the real crime is in the overvote. There were 110,000 overvotes in Florida, ballots rejected because more than one choice was marked for president. Overwhelmingly, the spoiled ballots were Gore votes. It was the overvote, much more than the dangling and dimpled chads of undervote, that cost America the president we really elected. Did tens of thousands of voters screw up their ballots by mistake, or was the second hole punched by someone other than the voter?

Pat Stone is a member of Democrats.com who responded to our call to send letters to the editor to local newspapers following the publication of the outrageous false story that another recount "proved" that George Bush "won again." The recount in question added more votes to the Gore column from Miami Dade county but not enough by itself to give Gore his margin of victory. So Pat adopted the draft letter we sent out as his own and the Tallahassee Democrat published it, only to express shock afterwards when the same letter appeared in other papers. So offended was the editor of the letters section he ran an editorial against us and -- without having the courage and honesty to include this in his editorial -- unilaterally banned poor Pat Stone from ever getting another letter in the paper. We objected and appealed to the higher ups. The result? Pat Stone's right to speak in the Tallahassee Democrat with whatever damn words he chooses as his own have been restored, and readers get to ponder which is worse -- taking some words from the Internet for your letter to the editor or subverting the will of the majority of voters in a national election?

The rest is here:
Democrats.com Archive: Florida Recount

N.D.Ill.: Withheld video of CPD shooting revealed during …

ABA Journal's Blawg 100 (2015)

by John Wesley Hall Criminal Defense Lawyer and Search and seizure law consultant Little Rock, Arkansas Contact / The Book http://www.johnwesleyhall.com

2003-16, online since Feb. 24, 2003 real non-robot URL hits since 2010; approx. 18k posts since 2003

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Fourth Amendment cases, citations, and links

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General (many free): LexisWeb Google Scholar | Google LexisOne Legal Website Directory Crimelynx Lexis.com $ Lexis.com (criminal law/ 4th Amd) $ Findlaw.com Findlaw.com (4th Amd) Westlaw.com $ F.R.Crim.P. 41 http://www.fd.org FBI Domestic Investigations and Operations Guide (2008) (pdf) DEA Agents Manual (2002) (download) DOJ Computer Search Manual (2009) (pdf) Stringrays (ACLU No. Cal.) (pdf)

Congressional Research Service: --Electronic Communications Privacy Act (2012) --Overview of the Electronic Communications Privacy Act (2012) --Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) --Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) --Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012) ACLU on privacy Privacy Foundation Electronic Frontier Foundation NACDLs Domestic Drone Information Center Electronic Privacy Information Center Criminal Appeal (post-conviction) (9th Cir.) Section 1983 Blog

"If it was easy, everybody would be doing it. It isn't, and they don't." Me

I still learn something new every day. Pete Townshend, The Who 50th Anniversary Tour, "The Who Live at Hyde Park" (Showtime 2015)

"I can't talk about my singing. I'm inside it. How can you describe something you're inside of?" Janis Joplin

"Love work; hate mastery over others; and avoid intimacy with the government." Shemaya, in the Thalmud

"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced." Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).

"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence." Mapp v. Ohio, 367 U.S. 643, 659 (1961).

Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment. Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).

"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today." Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).

"The great end, for which men entered into society, was to secure their property." Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment." United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)

"The course of true law pertaining to searches and seizures, as enunciated here, has notto put it mildlyrun smooth." Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).

"A search is a search, even if it happens to disclose nothing but the bottom of a turntable." Arizona v. Hicks, 480 U.S. 321, 325 (1987)

"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." Katz v. United States, 389 U.S. 347, 351 (1967)

Experience should teach us to be most on guard to protect liberty when the Governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

Libertythe freedom from unwarranted intrusion by governmentis as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark. United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

"You can't always get what you want / But if you try sometimes / You just might find / You get what you need." Mick Jagger & Keith Richards

"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for meand by that time there was nobody left to speak up." Martin Niemller (1945) [he served seven years in a concentration camp]

You know, most men would get discouraged by now. Fortunately for you, I am not most men! "The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime." Johnson v. United States, 333 U.S. 10, 13-14 (1948)

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Fourth Amendment – Kids | Laws.com

A Guide to the Fourth Amendment

The Fourth Amendment, or Amendment IV of the United States Constitution is the section of the Bill of Rights that protects people from being searched or having their things taken away from them without any good reason. If the government or any law enforcement official wants to do that, he or she must have a very good reason to do that and must get permission to perform the search from a judge. The fourth amendment was introduced into the Constitution of the United States as a part of the Bill of Rights on September 5, 1789 and was ratified or voted four by three fourths of the states on December 15, 1791.

The Text of the Fourth Amendment

The text of the Fourth Amendment which is found in the United States Constitution and the Bill of Rights is the following:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

History of the Third Amendment

In Colonial America, laws were written in order to help the English earn money on customs. The justices of the peace would do this by writing general warrants, which allowed general search and seizure to happen. Massachusetts wrote a law in 1756 that banned these warrants, because tax collectors were abusing their powers by searching the colonists homes for illegal goods. These general warrants allowed any messenger or officer to search a suspected place without any evidence. It also allowed them to seize people without even saying what they did wrong or showing evidence of their wrongdoings. Virginia also banned the use of general warrants later due to other fears. These actions later led to the addition of the Fourth Amendment in the Bill of Rights.

The Fourth Amendment Today

Today, the Fourth Amendment means that in order for a police officer to search and arrest someone, he or she will need to get permission or a warrant to do so from a judge. In order to get a warrant, the police officer must have evidence or probable cause that supports it. The police officer, or whoever has the evidence, must swear that it is true to his or her knowledge.

Facts About the Fourth Amendment

The Fourth Amendment applies to the government, but not any searches done by organizations or people who are not doing it for the government.

Some searches can be done without a warrant without breaking the law, like when there is a good reason to think that a crime is happening.

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Fourth Amendment - Kids | Laws.com