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The Voting Begins

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October 30, 2008

The long-awaited 2008 Elections are finally underway.  According to the Early Voting Information Center website, 32 States allow in-person early voting.  As the voting proceeds, we are seeing an enormous number of people opting to cast their votes before November 4.  On Tuesday, October 28, Gary Langer (polling director for ABC News) reported that as of that morning, 9 percent of “likely voters” had already voted.  As reported in the October 30 Washington Post, Michael McDonald, an associate professor at George Mason University who compiles early-voting statistics, observed that his running total of early voters now tops 16.5 million.  USA Today reports that approximately 25 percent of Georgia’s registered voters have already cast their ballots.  In Florida, Governor Charlie Crist extended the hours for early voting.  Prior to Crist’s executive order, Florida law allowed for early voting 8 hours per weekday and a total of 8 hours over the weekend.  The polls in Florida will now be open 12 hours per day, through Sunday, the last day for early voting.  The Miami Herald reported that prior to Christ’s signing of the order, the long, winding lines at the polling stations resulted in waits of as long as four hours to get to a voting machine.  The Herald reported that as of Tuesday morning, 10 percent of the state’s registered voters had already voted.  On Wednesday, October 29, Susan Saulny reported in The New York Times that there have been rumors circulating in Jacksonville, Florida’s African-American community that early voting could not be trusted because the votes cast early would be discarded.

By this point, there are already reports of voting machine problems and irregularities.  Martina Stewart reported for CNN that in Jefferson County, Texas, the County Clerk admitted to receiving “about half a dozen calls” that touch-screen voting machines were recording votes inaccurately.  Apparently, the candidates’ names are so close to each other on the screen that there is a possibility of pressing the wrong name when making the selection.  The machines have a “summary screen” where the voter can verify that the correct candidates were selected before finally hitting the button to actually cast the votes.  Similar problems were discussed by a reporter named Bill Murray at WSAZ in West Virginia.  Murray’s report pointed out that long fingernails and contact with the screen by bracelets could result in erroneous votes.

On Monday October 27, The New Mexico Independent reported that in Albuquerque, the American Civil Liberties Union filed a lawsuit against a Republican state lawmaker, alleging violations of the Voting Rights Act and disclosure of confidential information about voters, including Social Security numbers.  The article discussed the efforts of a Republican State Representative, Justine Fox-Young (a defendant in the suit) to support claims of voter fraud in the state’s June election.  The Independent had previously reported that Republican Party attorney Pat Rogers had hired a private investigator named Al Romero to make contact with voters whose registrations were under scrutiny by Republican activists.  The article discussed allegations by two legally-registered Hispanic voters, that they had been intimidated by Romero.  Pat Rogers had been cited in the U.S. Department of Justice report about the firing of U.S. attorneys and was described as one of the New Mexico GOP activists who complained to the Department of Justice about then-U.S. Attorney David Iglesias.  Iglesias was one of the U.S. Attorneys fired by Attorney General Alberto Gonzales for political reasons.  The firing of Iglesias was a result of his failure to pursue a politically-motivated, bogus “voter fraud” investigation.

If Barack Obama defeats John McCain by a narrow margin, we can expect protracted recounts and microscopic inspections of voter registration documents.  My concern about this was reinforced when I read a quote from McCain speechwriter, Mark Salter, in a Washington Post article by Michael Leahy, on Thursday.  Speaking about John McCain, Salter said:

“And he’s not going to go down without a fight.  Some people mistake that for something else.  Some people believe in being gracious losers just so other people will look at them kindly.  He isn’t like that.   …  He’s going to fight hard, and if other people don’t think he’s being gracious, well, that’s the way it will be.  But he’s not alone in that.  And I’ll remind people of that, if I have to.”

So, don’t expect McCain to be a “gracious loser”.  Unless there is a landslide on Tuesday, there could be a long, ugly fight, reminiscent of the election fiasco of 2000.

“My Oath Is To The Constitution, Not To The President”

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July 3, 2008

David Iglesias is making the talk show circuit, promoting his recent book: In Justice.  The book provides an insider’s account of the scandal involving the politicization of the Justice Department under the Administration of non-attorneys George W. Bush and Dick Cheney.  As I have said before, these two men have little regard for our Constitution because they know little about it and they have contempt for our courts because they know almost nothing about the law or the concepts of justice and due process.  Bush/Cheney made a point of having culls run Justice:  John Ashcroft, who (surprisingly) to his credit, was not trusted by them to authorize their FISA bypass, so they tried to have him authorize it while he was in the hospital, under sedation.  Once Alberto Gonzalez became Attorney General, we had someone in charge of the Justice Department, who was even more subservient to the whims of non-attorneys Bush and Cheney.  This resulted in what history will view as the most disgraceful abuse of the Justice Department as Soviet-style enforcers of political allegiance to the party-in-charge.  David Iglesias and at least six other important federal prosecutors, who had devoted their careers to fighting organized crime, terrorism and (oops!) corporate fraud, were summarily terminated by Bush-Cheney for failure to align their missions with the political vendettas of this administration.  The title Iglesias chose for his book was an obvious reference to the widespread opinion that the Bush Administration had changed the Justice Department to the Injustice Department.

David Iglesias explained to Tavis Smiley that an underlying theme throughout his book was that as a federal prosecutor, he understood his oath of office as to support the Constitution of the United States, despite the Bush Administration’s mandate that a prosecutor’s highest obligation was to support the President.

This theme is particularly timely in light of the recent dispute arising from the appearance of retired General Wesley Clark on the CBS News program, “Face The Nation” on June 29.  During that conversation, Wesley Clark, in his vanity, forgot that it was actually Barack Obama running as the Democratic Party’s candidate for President, rather than himself.  Clark expressed a rationale that only Commanding Officers, such as himself, had the type of military experience to qualify one for the Presidency.  He tactlessly contrasted this with the experience of John McCain, who was shot down as a fighter pilot and was held for years as a POW in the Hanoi Hilton.  When asked by Dan Abrams on MSNBC’s “The Verdict”, to explain his minimization of McCain’s sacrifice, Clark again reinforced his position that only Commanding Officers, such as himself, had the type of military experience to be qualified for the Presidency.  The McCain camp made the most they could of this denigration of the Republican candidate’s service.  Barack Obama found it necessary to distance himself from Clark’s comments on this subject.

The McCain camp then targeted Virginia Senator Jim Webb, for his remarks to Keith Olbermann on MSNBC’s “Countdown” show of June 30.  During that interview, Webb pointed out that:

We need to make sure that we take politics out of service.  People don’t serve their country for political issues and John McCain is my longtime friend and if there is one area I would ask him to calm down on it is: don’t be standing up and uttering your political views and implying that all the people in the military support them because they don’t, any more than when the Democrats had political issues during the Vietnam war.  Let’s get politics out of the military, take care of our military people and have our political arguments in other areas.

McCain’s claim was that this was another attack on his service in the Vietnam War.  Nevertheless, we can see that Webb was attempting to distinguish a soldier’s obligation to the President (or in this case, a Presidential candidate) from a soldier’s obligation to defend our Constitution.  The oath of enlistment for people serving in the military is as follows:

I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. (So help me God.)

Although military personnel are bound by their oath to follow the orders of the President, in accordance with regulations and the Uniform Code of Military Justice, their primary duty is to support and defend the Constitution.  When McCain takes for granted that those serving in the military will support his entire political agenda, he is mistaken.  Their oath does not require it, nor could he enforce such compliance if elected President.

What is actually going on with all of this is that the Obama camp is out to “level the playing field” with respect to Obama’s lack of military experience.  McCain’s delusion that he can speak for all the troops and that they are aligned with his entire political agenda is the “Achilles heel” where the Democrats are directing their fire to achieve their goal.  “McCain doesn’t speak for all the troops” is the argument that will pay off when the pollsters focus on the Presidential choices of those in uniform.

As an aside, it’s only fitting that at a time so close to the day we celebrate our Independence, we can celebrate the rescue of former Colombian presidential candidate Ingrid Betancourt from the FARC rebels.  My Colombian friends and I thought she had been killed several years ago.  Let’s all make a toast to Ingrid when we think about freedom this year!