Posted on 11/12/2010 12:56:25 AM PST by smokingfrog
The state says that Republican U.S. Senate candidate Joe Miller has no business going into federal court now to challenge the counting of write-in ballots for his opponent and urged a federal judge to dismiss the case he filed this week.
State courts are the proper forum to interpret Alaska election law and the actions of state officials, Assistant Attorney General Margaret Paton Walsh said in her motion to dismiss. Until the Alaska Supreme Court has spoken, Miller has no legal basis to make a federal case out of the issue, she said.
"The plaintiff (Miller) in this case has attempted to dress his state-law claims in federal-question clothing, in order to go forum shopping," Paton Walsh wrote. "The Alaska Court System is the proper forum for this case. The Alaska Supreme Court is very familiar with the state's election laws -- issuing an election law decision as recently as two weeks ago -- and is the appropriate court to interpret Alaska's election statutes."
As a candidate, one of Miller's central messages was that the federal government has overreached into areas that should be run by the states, whether that was Social Security, health care, education or resource protection. Now the state says it is Miller who is overreaching by asking a federal court to interfere in what should be an Alaska affair.
(Excerpt) Read more at adn.com ...
Why won’t his lawyers understand this fundamental issue - jurisdiction?
I am without words in the face of this stupidity.
True. He should be in a State Court. The Alostka Legislature is the final arbiter. They are hooked on our $$$.
Why did he skip the state court? Was this an innocent mistake? Maybe he can file in state court and then in federal court.
Sounds like a good “fire my lawyer” moment.
I would assume that because the issue has to do mostly with federal laws. For those who read the lawsuit then this seems clear. While some of the violations may have to do with State law, There are federal laws that require that state law be followed in a certain manner. As in you can’t change the rules in the middle of the election for example. And it has to do a great deal with decisions handed down by federal courts, and even the USSC. If many of the violations are federal then why would you go to a state court? And since this is a federal election in part then it is important to get this dealt with in an expedient way.
The arrogance of the Alaskan government is shown again. They cannot defend the merits of the case, so they seek to get it dismissed on some other grounds. Who knows- with the whole system being as corrupt as it is today then they might succeed. I am surprised that Alaska did not try to claim that Joe miller had no standing. That seems to work pretty well for Obama, and the democrats as a whole.
Forehead slap! DOH!
I’m going to do this in a few words. Sen. Ted Stevens and Sen. Murkowski saw a way to get more power. Murkowski resigned his office, gave Lisa Murkowski the Senator-job, and ran and won the governor’s race so he could control the gas pipeline while Stevens whacked up oil-man Bill Allen’s Veco graft worth $40 million. You would think that Alaskans would be pissed but 5,000 people worked for Allen.
Enter Sarah Palin. She lost the 2002 Lt. Gov. race and then Frank Murkowski put her on the Gas and Oil Commission. Palin saw the hijinks there and resigned. The scandal cost the Alaska GOP chairman Randy Ruedrich job but he re-surfaces.
Palin challenged Frank Murkowski and beats him, 54-19.
Ruedrich tries to bribe Palin and she shamed him. Somehow, he stays GOP chairman.
She makes amazing changes in the capitol and McCain offers her VP nominee, While she is campaigning, every name above is calling the media and Democrats with their spin. The 400 Journolists poison the public with their incessant false accusations. The radical-Democratic McClatchy Newspapers have a stranglehold on news in Alaska (they did that hatchet job on Curt Weldon) and targets Palin.
Soros finances nuisance lawsuits that Palin must spend her own money to defend these suits. She was almost bankrupt.
Enter Joe Miller. A lawyer, Miller helps her with the suits. Palin helps Miller try to defeat Lisa Murkowski
One of more Washington, D.C., media executives subsidized the Alaska Dispatch publishing two or more anti-Palin, anti-Miller stories a day. One of their “reporters” had to be restrained while Miller was having a campaign event which the local and national media went bats**t.
Miller fights Ruedrich to wrest the GOP chairman, loses, and stupidly ran around his office dialing to vote against Ruedrich in a newspaper poll. Media acts like it’s Watergate.
In conclusion, Palin resigns, rebuilds her wealth, takes the battle to Soros and Obama, Palin recruited dozens of GOP officeholders, Obama’s got nothing, Democrats are routed. Americans start circling around Soros, he takes one last (money) surge at Palin.
Meanwhile in Alaska, Stevens and Allen go to prison, Rep. Don Young is going to prison with 10 other GOP politicians. Eric Holder screws the Alaska investigations, Steven and Young go free. Stevens dies, Young is re-elected. Lisa probably wins with Democrat, Republican and Communist help.
Alaskans don’t care that the Murkowskis make millions as long as they get a slice.
I would have hoped he would have filed cases in both courts.
Additionally, Joe Miller attempted to get Palin’s Troopergate thrown out and as a reward Palin appointed Joe’s wife to the Alaska Judicial Council. Joe and Palin attempted to overthrow the Chair of the R party and that is why Joe committed voter fraud using 3 other attorneys computers. He attempt to cover his tracks and so doing he wiped out their legal work product. To this day the FNSB does not know if all of the work product has been recovered. Because his wife now over see Alaskan Judges Joe thought no judge would take the trail to release his employment records. That is why a judge came out of retirement to take the case with the ultimate ruling against Miller. Miller did not appeal this case and his records were released. Miller thinks Alaskans Standing Together is improper and has said many negative things about Alaska Natives. Miller just hired Floyd Brown, an attorney, that represents Citizen United which recently won a Supreme Court case that fully permits Alaskans Standing Together. Additionally Joe has said on numerous occasions that states rights trump the federal government, yet rather then seek remedy in state court he went to federal court.
Maybe he wanted to bypass the state courts...when it will end up in Federal Court as what happened to Bush in Florida.
if hould have filed in fed court, they would have said he should be in state court.......whatever he does, they’ll find a reason not to follow the law....
I.. borrowed your post and put it over here
http://www.freerepublic.com/focus/bloggers/2626002/posts?page=39
The Secret Financial Network Behind “Wizard” George Soros
$40 million? I would like to see the reference for that.
I believe the charge is he paid for the remodeling of his house in Girdwood. I've seen the house; I believe it doubled in size to 2,400 square feet. It likely didn't reach $80,000 in charges.
Stevens is charged with seven counts of filing false statements over an eight-year period to conceal the receipt of more than $250,000 in gifts — primarily in the form of renovations to his Girdwood home — from Allen, who was the chief executive officer of the now-defunct oil services firm VECO.
http://www.rollcall.com/news/29082-1.html
- - - - - -
Two years after that conversation, Stevens, now 84 and up for re-election, is on trial for taking more than $250,000 in gifts - chiefly from Veco — and lying about them on his U.S. Senate financial disclosure forms.
http://www.adn.com/2008/10/06/547139/stevens-to-allen-these-guys-cant.html
Looks like I’m low on my estimate, but a far cry from $40 million.
Sorry for one more post, I found what I was looking for in the first place.
Veco hired Christensen Builders for the carpentry work, owner Augie Paone told the Daily News last year. Paone said he sent his invoices first to Veco, then faxed them to Stevens, who paid by check. He thought Stevens paid him at least $100,000 over the course of the project.
...
Those invoices, however, “did not include the labor costs of Veco employees and contractors and did not include the costs of materials provided by Veco,” the indictment says. Veco employees “installed electrical, plumbing, framing, heating and flooring materials in the Girdwood Residence,” as well as buying and installing fixtures and appliances, the indictment says. Between the summer of 2000 and Dec. 31, 2001, those costs totaled more than $200,000, the indictment says.
The electricians on the job were Veco employees, and the plumber, Mark Tyree, was a private contractor hired by Veco, Anderson said.
http://www.adn.com/2008/08/03/482555/veco-men-sparked-stevens-remodel.html
you are assuming the state is correct.
Bush v Gore went to the USSC to stop the state court rule changing.
seems to be well placed here.
” ... Bush v Gore went to the USSC to stop the state court rule changing. ...”
Yes, but if remember correctly, that was only after the LA State Supreme Court made a ruling. The litigation went up through the state courts first.
” ... Maybe he wanted to bypass the state courts...when it will end up in Federal Court as what happened to Bush in Florida.. ...”
If remember correctly, that was only after the LA State Supreme Court made a ruling. The litigation went up through the state courts first.
OH I remember....that why it was shot up to the Supremes...I said maybe he wanted to TRY and bypass the state courts since Murky seems to have control of them.
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