The Shell Game Is Not Over (Continued)
What William K. Berenson didn't have, at the time, was the Dallas County Appraisal District's property tax record, showing that the Cheneys were claiming their Texas home as their legal residence. (As a real estate appraiser, I learned that ONLY people licensed by the State of Texas could operate as real estate agents or appraisers. The exception to this is that any licensed attorney in Texas, of any specialty, can also legally handle real estate transactions. This created the false impression in me that lawyers in Texas, of any specialty, are aware of real estate laws. Nothing could be further from the truth. NONE of the legal eagles involved in this mess, up to and including either of the Texas attorneys, or the Texas (REPUBLICAN) judges, seemed to be at all familiar with the General Homestead Exemption, it's implications, OR how easy it is to find out whether it has been claimed on a particular piece of property. Go figure.)
The third suit was a class action suit filed in Austin, Texas on November 29, 2000, in the US District Court, by Philadelphia attorney Philip J. Berg, on behalf of some Texas voters, and others from across the country. The total number of plaintiffs was somewhere around 1,900 the last time I checked. Mr. Berg had the property tax record, because I sent it to him. The complaint, and all of the motions, opinions etc. on this case are available at the website of the US District Court for Northern Texas under the heading "Notable Cases". The case is titled Jones v Bush.
(REPUBLICAN) Judge, Sidney Fitzwater, stated in his opinion that the plaintiffs in the case could show no evidence that they would be harmed, personally, by the votes of the Texas electors. According to him, they had no standing. So, who DOES have standing when the Constitution is being subverted? That's what I'd like to know.
Part of the evidence filed in this, the latest of these suits, includes an email from George W. Bush to a friend of his, Linda Starr. Ms Starr had apparently sent him a copy of an amicus brief filed in the Florida case described above that panicked Cheney into listing his house and getting a Wyoming drivers' license. In the brief, it was erroneously stated that Mr. Bush and Mr. Cheney were both from Florida. Here's what W had to say about that:
In a message dated 11/19/00 12:06:58 PM Central Standard Time,
Subj: Re: Our suit to challenge electoral votes for Texas
Date: 11/19/00 12:06:58 PM Central Standard Time
From: email@example.com (Governor George W. Bush)
I am no lawyer but I think this Amicus Brief has cited the wrong state for which Bush and Cheney reside. It keeps saying the STATE OF FLORIDA!!!!!!! Bush and Cheney reside in the STATE OF TEXAS! Help!
Click here: IN THE UNITED STATES DISTRICT COURT FOR
Here's what we filed in Florida as "Friends of the Court" in an Amicus Brief, joining another suit already in progress. Just thought you'd like to see it for yourselves. Comments? Questions?
This is clearly "evidence", not to mention an "admission against interest", by one of the defendants in this lawsuit. But (REPUBLICAN) Judge Fitzwater apparently isn't bothered by it, because no one is being harmed, PERSONALLY. Funny, isn't it, now it seems that REPUBLICAN judges are only bothered by harm if it's perceived to be happening to their guy? Is that what makes it "personal"?
Judge Fitzwater granted the defendants' (Bush and Cheney) motion to dismiss, without prejudice. The case was sent on appeal to the US Supreme Court, where the plaintiffs requested a speedy hearing. I guess the five (REPUBLICAN) Justices were all just plum tuckered out after their stunningly illogical decision, which anointed W as the President-select. They said they couldn't possibly consider the case until January 10th, four days after Congress is supposed to ratify the Electoral College votes. Quelle suprise!
So, the pea is still under the shell, and all that remains is for someone to stand up, and shout - LOUD - "There it is!!!" If we don't, the Republican coup d'etat WILL be complete and final. After all, in all three cases, REPUBLICAN judges have refused to look at, or see, the further subversion of the US Constitution by the rabid right. The press has largely ignored this whole matter. The only mentions of it I have heard on the news outlets have been dismissed by the pundits, just as the Republicans' talking points called for them to do. They bought the Bush/Cheney spin on the situation - "It's no big deal" - like the good little sheep the Republicans want them to be. But it is a big deal. It's a VERY BIG DEAL. And, it's even a VERY, VERY BIG DEAL when you consider what they're trying to do here along side what they have already done in Florida.
It's not too late. If you're going to barrage your Senators and Representatives about challenging the Florida electors, why not ask them to challenge the Texas electors while they're at it? They should. We all should. Hey, it couldn't hurt.