About Those Missing IRS Emails

Since last week, the IRS has managed to throw more gas on their own fire with the admission that Lois Lerner’s notorious email troubles actually did not cause any loss in email records. Former Department of Homeland Security employees-turned-whistle-blowers have reached out to True the Vote and our friends at Judicial Watch to explain the Continuity of Government (COG) recordkeeping system that houses Ms. Lerner’s email files to this day. When pressed by Judicial Watch in their litigation with the IRS as to why those emails cannot be made available, the excuse is that it would be “too onerous.”

But it gets better [read: worse]. The IRS has also submitted testimony before the Court explaining that Lerner’s Uncle Sam-issued Blackberry was scrapped in June 2012 – shortly after Congress began investigating Lerner directly. IRS tech employees confirmed that the device served as a clone storage device for all “lost” emails during that period. Hans von Spakovsky wrote this week: “Cleta Mitchell, who represents True the Vote in its lawsuit against the IRS, says that she has been told about the back-up system by various government officials. And yet there is nothing in any of the affidavits filed by DOJ lawyers in the Judicial Watch case discussing this back-up system. If one does exist and DOJ lawyers have failed to inform Sullivan about it, they – and the administration – will be in deep trouble when they appear before Sullivan again.”

 

Get Registered for the Next True the Vote National Conference Call 9/9/14

True the Vote will host its next national conference call on September 9 at 7pm Central to discuss ongoing litigation with the IRS and the Mississippi Republican Party. Limited space is available for the call -- do not hesitate to get registered. Click here to get registered today!

 

TTV-Empowered Groups in Virginia, Maryland Get Results

True the Vote leadership argues daily that the fight for election integrity begins in your own communities. This week, the Virginia Voters Alliance and Election Integrity Maryland continued to help prove that point. According to Watchdog Virginia, “Want a real-life example of voter fraud? Fairfax County [Virginia] election officials say they have 17 — and they’re providing names to local, state and federal authorities for prosecution…Brian Schoeneman, secretary of the Fairfax County Electoral Board, said he sent letters and evidence to county Commonwealth Attorney Ray Morrogh, state Attorney General Mark Herring, U.S. Attorney Dana Boente and the Public Integrity Section of the Department of Justice requesting further investigation…The Virginia Voters Alliance and Election Integrity Maryland instigated the two-state investigation.” Read the full story here.

"Sometimes voter fraud deniers are forced to discuss the truth of voter fraud.  This happened today at the Washington Post. (“Fairfax officials say some people may have crossed Va.-Md. line to vote twice in 2012.”)  While the Post deserves credit from emerging from its cocoon of voter fraud denial, it deserves scorn for bungling the emergence.

"Reporter Susan Svrluga notes that “tens of thousands of voters” were registered to cast ballots in both Virginia and Maryland.  That’s true, and it is a big problem nationwide.  Hundreds of thousands of people are registered to vote in multiple states, and many of them have voted.

"It wasn’t Eric Holder’s Justice Department that discovered the problem.  That won’t happen because as I reported at PJ Media in 2010, Obama political appointees expressly shut down the efforts at DOJ to detect this sort of fraud and inadequate voter roll maintenance."

Read more at PJ Media.

Paul Mirengoff at Powerline has this piece on Davis v. Guam and the arguments before the 9th Circuit this week:

“Therefore, Davis claims that this racial prerequisite for registering to vote violates the Fifteenth and Fourteenth Amendments of the United States Constitution, the Voting Rights Act, and other federal civil rights statutes. However, a district court ruled against him on the theory that he suffered no injury from the statute that excludes him, on racial grounds, from registering to vote because the election has not been scheduled and may not occur,

Try to imagine the reaction to this argument if it were applied to defeat the claim of a black prohibited by law from registering to vote in a prospective election due to his race.

Mr. Davis is represented by, among others, Christian Adams of the Election Law Center, Terry Pell of the Center for Individual Rights, and Doug Cox of Gibson, Dunn & Crutcher. All three, I’m proud to say, are friends of Power Line. . . .

Guam tried to defend its race-based voting requirement on the theory that Guam represents a special case because its native population was never polled as to whether it wanted to become part of the United States. Chief Judge Kozinski countered that “native inhabitants” have never been polled when the United States claimed their land as American territory. In general, he seemed unconvinced by Guam’s arguments.”

The arguments before the 9th Circuit in Davis v. Guam are now available in audio format here.  Judge Kozinski has some choice moments making it worth listening to.  Guam restricts voting registration on the basis of race and ancestry for a status election.  Plaintiff is challenging the restriction on the right to vote (aka voter suppression to some).

Capture

From the Auburn Plainsman:

Dowdell also said there was voter fraud. He claimed a woman named Ann Torbert was turned away because someone had already voted in her name.

Torbert, when reached by phone, claimed someone with the name Tarbert had voted in her place.

“The poll worker had scratched out my name and respelled it,” Torbert said, “And there wasn’t even a Tarbert anywhere else on the list.”

Despite the irregularity Torbert said she was allowed to cast a vote.

David Dorton, director of public relations for Auburn, confirmed that a poll worker had crossed out the wrong name, but both voters were registered to vote.

After the vote was announced at city hall, a female Dowdell supporter confronted Byrd’s wife and shouted at her. The supported was removed from city hall by police, and Dowdell left with her.

“A mere oath of citizenship is not enough.”

In the U.S. 10th Circuit Court of Appeals Monday, “a constitutional showdown over states’ rights to regulate their own elections as well as criticism of the way the federal Election Assistance Commission operates.”

Both Kansas and Arizona have passed state requirements that voters must prove citizenship through a passport or birth certificate before they can register to vote. Lawmakers in those states say the measure is to prevent voter fraud. That rule is stricter than federal ones, which require a voter to merely affirm citizenship in writing.

Kansas Secretary of State Kris Kobach (incorrectly identified by the Los Angeles Times as Attorney General), who argued on behalf of both states, said the EAC is “using the federal form as a lever to displace the state’s power.”

The three-judge appellate panel seemed most focused Monday on whether Alice Miller, the acting executive director of the EAC, had the authority to allow her staff to refuse the requests by Kansas and Arizona to make the federal forms adhere to the two states’ tougher standards.

“Where in the record do we find sub-delegation,” asked Judge Carlos Lucero. He wondered hypothetically whether a court clerk would be allowed to render judicial decisions if there were no judges on the bench.

Kobach requested a fast-tracked decision, but any ruling is likely to be appealed to the U.S. Supreme Court.

"I’ve written before about the important challenge that has been filed against Guam’s racially exclusionary plebiscite that excludes whites and other non-Chamorro residents of the island from being able to register and vote (see here, here, and here).

"The appeal in that case is going to be argued today before the U.S. Court of Appeals for the Ninth Circuit. Here’s the brief that has been filed in it and some more information about the case.

"It’s disappointing but not surprising that the Obama administration, which challenges reasonable and common-sense practices like voter-ID laws that are not racially discriminatory, is missing in action in this case, where there clearly is racial discrimination being brazenly practiced by the territorial government. Attorney General Eric Holder actually visited Guam in July of 2012 but said not a word about the discriminatory practices of Guam or the failure of the U.S. attorney for Guam and the Northern Mariana Islands to do anything about it."

Read more at NRO.

"FAIRFAX, Va. — Want a real-life example of voter fraud? Fairfax County election officials say they have 17 — and they’re providing names to local, state and federal authorities for prosecution.

"The 17 voters reportedly cast ballots in both Fairfax County, Va., and the state of Maryland during the 2012 presidential election.

"Officials from Fairfax and Montgomery County, Md., identified dual voters by matching first and last names, dates of birth and Social Security numbers."

Read more at Watchdog Virginia.

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