MS Good Ol’ Boy Justice and Chris McDaniel

John R. Houk

© August 29, 2014

In my last blog post I wrote an update on Chris McDaniel’s challenge of the June 24 runoff GOP Primary in which McDaniel found 25,000 suspicious ballots and has evidence of 40,000 Dem Party voters that voted in both the Dem Primary and the GOP Primary which is specifically illegal under Mississippi state law.

It is becoming apparent that not only is the State of Mississippi political parties are dominated by each spectrum’s version of the Establishment, but even the judicial system is plagued with good ol’ boy authority thinking. The judge’s lame good ol’ boy ruling was McDaniel waited too long to challenge the voting results:

JACKSON, Miss. (AP) – A Mississippi judge has dismissed a lawsuit that seeks to overturn Sen. Thad Cochran’s victory in a Republican primary runoff.

Judge Hollis McGehee said Friday that state Sen. Chris McDaniel, who lost to Cochran, failed to start the election challenge on time.

McDaniel is expected to appeal McGehee’s ruling to the Mississippi Supreme Court.

McGehee issued his ruling Friday in Gulfport, a day after hearing arguments in Laurel about the timing of McDaniel’s lawsuit. The judge agreed with Cochran attorneys. They cited a 1959 Mississippi Supreme Court ruling that said an election challenge must begin within 20 days of the election. McDaniel waited 41 days.

McDaniel’s lawsuit claims irregularities spoiled the June 24 runoff. It asks the judge to declare McDaniel the winner or order a new runoff.

McDaniel argued that the 20 day deadline was no longer the law. After McGehee’s ruling, McDaniel’s attorneys indicated that he most likely will take the weekend to decide whether to appeal the McGehee ruling to the Supreme Court.

McDaniel was defeated by six-term incumbent Cochran in the June 24 runoff by 7,667 votes out of the 392,197 cast statewide.

McDaniel claims that his campaign has found about 15,000 questionable ballots statewide. Cochran has disputed those claims, saying any irregularities were miniscule. (Bold Text is Blog Editor’s - Challenge Dismissed, Judge Says McDaniel Waited Too Long; By STEVE ROGERS; WCBI.com [local CBS affiliate]; 8/29/14)

According to this report McDaniel believes the 20 day deadline is not a law any longer in Mississippi. If McDaniel is correct the Judge’s decision is obviously one of those corrupt good ol’ boy decisions. The State GOP and the Mississippi judicial system put up all kinds of road blocks to stall the actual McDaniel filing. I have no doubt the ‘stalling’ was a deliberate ploy with this legal maneuver of the 20 day time limit as the back-up plan for a court challenge.

If the “15,000” questionable ballots is true, then McDaniel has amended his original accusation of 25,000 questionable ballots. Nonetheless 15,000 fraudulent ballots is still way more than the alleged 7,667 margin of victory the State of Mississippi has certified.

In a 2007 PDF on the justice.gov website here are the reasons and authority for Federal involvement in an election fraud case:

B. TYPES OF ELECTION CRIMES

1. Election Fraud

Election fraud usually involves corruption of one of three processes: the obtaining and marking of ballots, the counting and certification of election results, or the registration of voters.

…

C. FEDERAL JURISDICTION

The federal government asserts jurisdiction over an election offense to ensure that basic rights of United States citizenship, and a fundamental process of representative democracy, remain uncorrupted. …

…

Election crime cases tend to be long-term prosecutive projects focusing on individuals with different degrees of culpability. The ultimate goal is to move up the ladder of culpability to candidates, political operatives, public officials, and others who attempted to corrupt, or did corrupt, the public office involved.

Federal jurisdiction over election fraud is easily established in elections when a federal candidate is on the ballot. The mere listing of a federal candidate’s name on a ballot is sufficient under most of the federal statutes used to prosecute voter fraud to satisfy federal jurisdiction. This generally occurs in what are called “mixed” elections, when federal and nonfederal candidates are running simultaneously. In such cases, the federal interest is based on the presence of a federal candidate, whose election may be tainted, or appear tainted, by the fraud, a potential effect that Congress has the constitutional authority to regulate under Article I, Section 2, clause 1; Article I, Section 4, clause 1; Article II, Section 1, clause 2; and the Seventeenth Amendment.

…

In short, the absence of a federal candidate from the ballot can present federal law enforcement with special challenges in attaining federal jurisdiction over election crime. Those challenges can sometimes be met, provided the investigation focuses on identifying additional facts that are needed to invoke application of the federal criminal laws that potentially apply to both federal and nonfederal elections. These generally include election frauds that involve the necessary participation of public officers, notably election officials acting “under color of law,” voting by noncitizens, and fraudulently registering voters.

… (Bold Text Blog Editor - Federal Prosecution of Election Offenses, Seventh Edition; By Craig C. Donsanto and Nancy L. Simmons; Public Integrity Section, Criminal Division – justice.gov; May 2007; 326 pp.)

If McDaniel insists on a Federal criminal investigation for a United States Senate election Holder’s Justice Department is obligated to investigate. BUT we all know Holder hasn’t been too keen on enforcing the law pertaining to corruption and on matters of the Republican Party unless perhaps he sees an opportunity to embarrass Republicans.

Here is the email alert I received from the Tea Party Leadership Fund today posted below. In full disclosure and as is usual the case in an email alert there is an element of fund raising involved. It is up to you if you choose to support Conservative principles and/or the Tea Party Movement in general with these guys. There are pluses and minuses with all the Tea Party organizations which are generally autonomous of each other.

JRH 8/29/14

Please Support SlantRight 2.0

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BREAKING: Mississippi lawsuit

By Rusty Humphries

Sent: 8/29/2014 4:16 PM

Tea Party Leadership Fund

Pay offs? Bribes? Back-room deals? Steak dinners? Thad Cochran's hoping you have forgotten how he sold-out to steal the Mississippi primary out from under the tea party hero Chris McDaniel.

NOW, the lawsuit to overturn Thad's bought-and-paid-for June primary has been filed and DISMISSED!!!

**Now we MUST make sure Chris McDaniel has the resources he needs to take this to the Mississippi State Supreme Court.**

A word of thanks from Chris -- "We've always appreciated the strong support of the all our friends in the Tea Party movement, including Tea Party Leadership Fund PAC which maxxed out to both our primary and run-off and now our legal defense fund, and helped raise more than $20,000 from its donors for this campaign."
**Taking this to the Mississippi State Supreme Court to overturn the dismissal, and rightfully beating Cochran for a 3rd time will take your support. Will you chip in $5 or more? We MUST win Mississippi!**

But the truth is: the establishment cannot buy 40,000 illegal Democrat votes to win a Republican primary runoff and expect silence from the tea party about it.

Mississippi election law states, any voter who casts their primary ballot for a member of their party MAY NOT crossover and cast a vote in the other political party's runoff election.

Thad Cochran's hoping you forgot how:

	1.	The National Republican Senatorial Committee has abandoned its mission fighting Democrats AND they'll spend more than $1 million in the next 6 days to protect its 'obedient buddy' Thad Cochran.
	2.	Liberal money man Michael Bloomberg has helped raise a quick $2 Million for Cochran's campaign efforts.
	3.	Democrat spin-master, James Warren, worked for the Mississippi Conservatives PAC to forge its statewide plan to turn out votes for Cochran;
	4.	The NRSC also blasted out emails accusing McDaniel of being a racist, a bigot, and a gaffe prone fool;
	5.	The Mississippi Federation of College Republicans ousted its own executive director -- Kolby Busby -- when he voiced his support for McDaniel;
	6.	The National Republican Senatorial Committee colluded with Cochran to blame McDaniel for photo-stalking Cochran's wife.

And if that's not enough, the smoking gun....

Mississippi Democratic Party Chairman, Rickey Cole is "willing to bet a steak dinner" more than one Democrat was scared into casting a second ineligible vote for Cochran.

After Dave Brat's historic defeat of Republican Majority Leader and Obama collaborator Eric Cantor, the establishment Republicans and the Left have made no secret of their alliance to defeat you.

Mississippi, and the rest of the country MUST discover the truth about Thad Cochran, the establishment, and the Mississippi Primary election.

For Freedom,

Rusty Humphries

P.S. Will you chip in $5 or $25 or more to overturn the sham election and boost the Palin endorsed Chris McDaniel to victory?

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MS Good Ol’ Boy Justice and Chris McDaniel

John R. Houk

© August 29, 2014

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BREAKING: Mississippi lawsuit

About The Tea Party Leadership Fund

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The movement took on the name the “Tea Party.” But there is much confusion about our movement. There is no single Tea Party, it is comprised of thousands of individual groups all across America who share common values such as limited government, individual freedom, personal responsibility, and returning political power to the states and the people.

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