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Archive | June, 2014

Cold Case Posse officer guilty of perjury?

False statement on corporate filing

We’ve all been having our little laugh about the antics of the Cold Case Posse and their inability to fix a simple corporate registration in Arizona. It should be a simple fix, but if they don’t get on the stick, their little enterprise may get dissolved in about 52 days.

However, something a little more serious has surfaced in the Posse’s 2014 Annual Report with the Arizona Corporations Commission, filed this past June 16, and signed by Mike Kowalski (bearing the title “Other Officer” whatever that is). The signature on the form, in this case electronic, is given under this text:

I further declare under penalty of perjury that I (we) have examined this report and the certificate, including any attachments, and to the best of my (our) knowledge and belief they are true, correct and complete.

Let’s examine one item on the annual report:

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That is not true and it is not correct.

Given the significant publicity accompanying the move of the Sheriff’s Office to new facilities at 550 West Jackson Street over 6 months ago, it is hard to excuse anyone in one of the posses not knowing there the Sheriff’s Office is, and that it is no longer at 100 W. Washington, the address filed with the Arizona Corporations Commission for Mike Zullo a scant 10 days ago.

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Some speculated that perhaps the Sheriff’s Office still maintains a presence in the old building, and that Zullo can be reached at that address. Not so, according to the property manager as confirmed today by Lori Brown:

I am responding on behalf of Danny Ischy as he is traveling this week.  I have confirmed with our Property Manager that everyone from the Maricopa County Sheriff’s office vacated the Wells Fargo building in December 2013 and Mr. Zullo no longer has an office at 100 W. Washington St.

Thanks to individuals who provided information for this story.

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Cloward and Piven were from Manchuria?

Alinsky and Cloward and Piven. Oh My!

One of the curious things that I have found in my brushes with birthers and their friends, is an interest in old liberal writings that I had never heard of. Alinsky’s Rules for Radicals is one. Another is the “Cloward–Piven strategy.”

The Cloward–Piven strategy was presented by sociologists and activists Robert Cloward and Frances Fox Piven in 1966 in an article in The Nation, “The Weight of the Poor: A Strategy to End Poverty.” Their strategy was aimed at creating a “guaranteed national income” to replace the welfare system, and this goal was to be attained by overwhelming the existing welfare system through enrollment of everyone who was eligible (they claimed the number of recipients would double). The strategy envisioned the creation of a crisis, particularly in the Democratic Party which was in control of Congress and the presidency at that time by shaking up the coalitions that presently constituted the Party. The action they advocated to make it happen was: “…a massive drive to recruit the poor onto the welfare rolls.”

imageSo from time to time I have seen right-wingers mention Cloward-Piven, and I think I looked it up once and shrugged my shoulders. It’s back again at a little higher level, this time from politician Wayne Allyn Root. Root was been campaigning in Mississippi on behalf of Tea Party Senate candidate Chris McDaniel (who lost in a runoff with Thad Cochran – possible challenge being explored). Mother Jones magazine had extensive coverage of Root’s stump speech. In it, Root says that he and every student at Columbia in 1983 studied Cloward-Piven. Root said he knows this because:

Because I’m Barack Obama’s college classmate, Columbia University class of ’83. And when I was there at Columbia, we all studied a plan called Cloward–Piven

This point is somewhat blunted by Root’s later suggestion that Obama didn’t actually attend Columbia since no one remembers him (not actually true).

Returning to Cloward-Piven, Root characterizes the plan as one to “wipe out America” and to:

… get someone elected president, who looks fantastic, who has a beautiful wife, a beautiful children. A family man. Get him to cut his afro or his long hair, his ponytail. Put on a suit, and then lie to everybody.

There’s nothing like that in Cloward and Piven’s article.

This article inaugurates a new conspiracy category on the blog, “Manchurian Candidate.”

Read more:

Watch the video:

Continue Reading →

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Klayman files appeal of obscure ruling on Alabama law to the US Supreme Court

Late as usual

In a move that left Obots open-mouthed with incomprehension, birther attorney Larry Klayman (who has never been convicted of criminal failure to pay child support), started the process of appealing his loss in McInnish v. Chapman to the US Supreme Court on June 19, reports the Supreme Court docket. Klayman moved for more time to submit his appeal. Perhaps he is hoping to get some momentum by a favorable ruling.

The McInnish case dealt with an obscure provision of Alabama law, called the “jurisdiction stripping statute,” that prevents Alabama courts from getting involved in the conduct of elections. McInnish wanted to force the Alabama Secretary of State to investigate the eligibility of presidential candidates as a duty of office. Klayman lost the case before the Alabama Supreme Court last March on a 7-2 vote, Chief Justice Roy Moore and Tom Parker dissenting.

Klayman’s timing of this request for an extension is odd. An appeal must be filed within 60 days of the judgment (28 U.S. Code § 2101) and Klayman’s motion for more time (which the statute permits) was filed precisely on the 60th day; however, the rules of the Supreme Court require that the request for an extension be filed 10 days before the deadline. Supreme Court Rule 13 (5) states:

For good cause, a Justice may extend the time to file a petition for a writ of certiorari for a period not exceeding 60 days. An application to extend the time to file shall set out the basis for jurisdiction in this Court, identify the judgment sought to be reviewed, include a copy of the opinion and any order respecting rehearing, and set out specific reasons why an extension of time is justified. The application must be filed with the Clerk at least 10 days before the date the petition is due, except in extraordinary circumstances. The application must clearly identify each party for whom an extension is being sought, as any extension that might be granted would apply solely to the party or parties named in the application. For the time and manner of presenting the application, see Rules 21, 22, 30, and 33.2. An application to extend the time to file a petition for a writ of certiorari is not favored.

The request for an extension was not even docketed until June 25, long after the deadline. I don’t even know if it is possible for a Justice to grant an extension after the deadline has expired, and if that’s true then the extension must have been granted on the 19th, or not at all; the Supreme Court docket indicates no extension granted. It is hard to fathom a reason for this case to be considered  having "extraordinary circumstances." Klayman could have filed the request for an extension any time he wanted to. There’s certainly no new evidence in the interpretation of the Alabama jurisdiction stripping statute. The election, which is the subject of the case, is long over, making anything to do with that particular election moot.

Read more:

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Birther movement creator found with potentially smoking gun

Joseph Farah, editor of the Internet tabloid WorldNetDaily, was detained at the Dulles Airport after TSA screeners found a loaded 38 caliber revolver in his carryon luggage. He faces a class 1 misdemeanor charge, says The Southern Poverty Law Center web site.

Farah famously claimed to have created the birther movement. His WorldNetDaily “Where’s the Birth Certificate” billboards and a similarly-named book by Jerome Corsi popularized the movement, and their support for Sheriff Arpaio’s Cold Case Posse kept the movement alive after Obama released his long-form birth certificate.

I wonder what he planned to do with that gun?

Update:

Farah has commented on his experience in an article at WorldNetDaily calling his action “something stupid.” Farah then goes on to use the incident to push some other left-wing bashing agenda.

Farah and WorldNetDaily have been very critical of the TSA, writing a series of articles such as:

That’s not half of them. You would think that Farah feels the way about the TSA as I feel about birthers. 😯

Commentary

This article appears because I felt that my readers would want to know about the Farah incident. There is some satisfaction seeing what I think is a successful “bad person” get his comeuppance.1 It is not intended as evidence that birthers are a special class of scofflaw, at least not consciously. Perhaps part of it is that vocal birthers hold themselves as upholders of the law (in particular the Constitution) and ones who resist what they perceive as the lawlessness of the Executive. The “Birthers behaving badly” series seeks to poke holes in that argument with counterexamples, but don’t expect tomorrow’s headline to be “Birther fined for littering.”


1I don’t think I’ve ever written that word before.

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Walter Fitzpatrick: Guilty!

One-man birther crime wave Walter Francis Fitzpatrick III was found guilty of two felony counts: aggravated perjury and extortion.

The McMinn County jury began deliberations this morning and returned its verdict later in the day.  He was not found guilty of stalking and harassment. Fitzpatrick was arrested last March on four charges stemming from allegations that he harassed and stalked a grand jury foreman. According to the indictment, reports the Daily Post-Athenian covering McMinn and Meigs Counties :

…it was claimed that Fitzpatrick "did unlawfully and intentionally threaten … to take action known to be unlawful…"

Fitzpatrick is also accused of making "a false statement, under oath, during or in connection with an official proceeding," as well as engaging in "a willful course of conduct involving repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested and actually caused (his alleged victim, a former member of the McMinn County Grand Jury) to feel terrorized, frightened, intimidated, threatened, harassed or molested."

Fitzpatrick was represented by well-known attorney, and failed judicial candidate, Van R. Irion.

Learn more:

Most information on Fitzpatrick comes via the birther web site, The Post & Email, and there is also a Facebook page about his legal troubles.

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Pat Boone predicts: Birth certificate fraud will be proven by September

Despite the blackout of birther coverage at the major conservative media outlets, notably the Fox News TV, liberals are all to happy to talk about it and give voice to prominent birthers, evidenced by the  recent interview of Pat Boone by Alan Colmes on Fox News Radio yesterday (June 23).

In a rambling comment, Boone predicted that something would happen by September, that a “smoking gun” would do something, but the actual verb eluded me. What follows is my transcript of part of the of the broadcast that differs in minor ways from what appeared on the Fox web site, and is extended in length:

imageBOONE: What I’m going to predict here is by September of this year, the major smoking gun, which is a high crime, not just a misdemeanor, but a high crime, that supposed copy of the birth certificate that is displayed on the White House website as we talk, by many experts has already been proven  to be not a copy of anything, of something perhaps that doesn’t exist, which is an actual birth certificate, but it is a Photoshopped fraud created to look like what they wanted it to look like. And I say “they” because I don’t think it was the President himself, but those around him, but experts who understand the techniques of these things, including a guy in my own office, who knows how things are Photoshopped, and knows the telltale signs of things that have been pasted onto other documents or other things, that it is obviously, to anybody that knows that process, a fraud. It is not a copy of anything, and that is a high crime.

COLMES: Are you saying this will be revealed?

BOONE: Yep.

COLMES: When?

BOONE: The evidence. I say by September.

COLMES: And what… And tell me how you know this.

BOONE: Well, I’m talking to some people that, you know, they are trained. I’ll say this that they are trained detectives and investigators. And I have been trying to get people in Congress to pay attention to these things and create .. That we shouldn’t have to be, us citizens, say “wait a minute, this thing doesn’t look real.”

Colmes then pushed back saying that the State of Hawaii verified Obama’s birth.

BOONE: There are trained investigators who are finding out, and I can’t divulge anything more, than I will make a prediction that by September of this year it will be proven that that is not the case. …

BOONE: It’s all going to come out, I think. It’s taken a while. It’s taken an awful long while. But, and I’m not a conspiracy theorist, but boy when you keep…

COLMES: But don’t you think you might sound like one?

In the full version of the interview, Boone brings out many of the usual birther shibboleths: sealed records, anybody can put announcements in the newspaper, wrong hospital name on birth certificate, etc.

Boone, however, is in deep denial when he says:

I’m not a birther. 😯 🙄 😯

While Boone isn’t very specific, it seems pretty obvious that he’s been talking to someone at the Cold Case Posse. What other “trained detectives and investigators” could it be? Boone has a longstanding connection with the Surprise Arizona Tea Party Patriots, and at one time was scheduled to appear at an event they sponsored, at which Mike Zullo was scheduled to speak. He appeared via Skype at a Surprise Tea Party Patriots event honoring Joe Arpaio (starting around 8:51 in the video). And if the CCP is feeding Boone inside scoop on the Posse timetable, one has to wonder why they are doing that, and one answer that comes to mind is that Boone is giving them money.

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