Daily Archives: August 24, 2010

McCain Beats Back Hayworth in GOP Primary

McCain is virtually assured to hold on to his Senate seat with this primary win.

Reportedly, McCain spent some $20 Million on the primary campaign.

“Hayworth at one point in the campaign seemed poised to leverage Tea Party support and give McCain a run for his political life. Outsider challenges had already led to the primary defeats for Republican Utah Sen. Bob Bennett and Democratic Pennsylvania Sen. Arlen Specter, and McCain was potentially vulnerable nearly two years after losing the 2008 presidential election to Barack Obama.”

“But Hayworth struggled to build his anti-establishment credentials and seriously erode McCain’s popularity in the polls. Though Hayworth slammed McCain for voting for the Wall Street bailout and allegedly being soft on illegal immigration, McCain worked hard to show he was tough on border security.”

Fox News

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STOLEN VALOR = STOLEN CONSTITUTION By REES LLOYD

Victoria Taft had on her show on Friday (8/20/10) one of America’s greatest living military heroes, Major General Patrick Henry Brady (USA, ret.) Medal of Honor recipient as a “Dust Off” helicopter ambulance pilot in the Vietnam War. He is, among other things, a past president of the Medal of Honor Society,

Gen. Brady is also co-author, along with his daughter Meghan Brady Smith, herself an Army veteran and a Bronze Star recipient in the War Against Terrorism in Iraq, of the recently released book, “DEAD MEN FLYING: The Legend of Dust Off, America’s Battlefield Angels.” 
Gen. Brady appeared on the Victoria Taft Show to discuss, and object to, the recent decision of the Ninth Circuit Court of Appeals, the most liberal and the most reversed Circuit in the country, to nullify as an unconstitutional violation of First Amendment “freedom of speech,” the Stolen Valor Act (18 U.S. Code Section 704), which imposes criminal penalties for false claims of receipt of the Medal of Honor and other  medals of valor in military service.
That is,  two judges on the 9th Circuit Court of Appeals (the third dissented), have effectively created a constitutional “right to lie.” 
 Thus, miscreant frauds are now possessed of a “First Amendment right” to knowingly and deliberately lie, and to deceive the public into believing, that they have not only served in defense of the nation in military service, but have received the Medal of Honor, and other medals of valor, by Act of Congress on behalf of a grateful nation.
There is no shortage of such miscreant frauds. Vietnam veteran B. Burkett has done a great public service in exposing hundreds of frauds, assisted by investigative journalist Glenna Whitley, in “Stolen Valor: How the Vietnam Generation Was Robbed of its Heroes and its History.”
The 2-to-1 decision nullifying the Stolen Valor Act and creating a “right to lie” for such frauds was rendered in the case known as U.S. vs. Xavier Alvarez, 9th Circuit Court of Appeal Case No. 08-50345, filed on August 17, 2010. [It is available on the Ninth Circuit website.] It was written by Judge Milan Dale Smith, Jr. (a lawyer who is a native of Pendleton, OR, but practiced law in Los Angeles), joined by Judge Thomas G. Nelson (the only one with military service, i.e., Army Reserve, 1965-1968).
Concisely stated, their majority decision holds the Stolen Valor Act is unconstitutional because it punishes “speech,” i.e., lies about receipt of the Medal of Honor and other medals of valor, and does not require evidence that someone suffered legally cognizable “harm.
Judge Jay S. Bybee dissented in a detailed opinion. In it, he traces Supreme Court precedent establishing a general rule that false statements of fact i.e., “lies,” are not constitutionally protected speech unless they fall into exceptions to that general rule. He argues that the majority decision  reverses that rule, and creates a general rule that false statements, i.e., “lies,” are constitutionally protected speech unless they fall into exceptions rendering them unprotected.
Further, Judge Bybee warned that the new rule, an effective “right to lie,” has an impact far beyond the Stolen Valor Act. This  includes  possibly nullifying statutory prohibitions against illegal aliens making false statements about their status in the country or to obtain legal status.
That is,  Judge Bybee warned in dissent: “Numerous statutes are called into question by the majority’s opinion…statutes that punish false statements and do not appear to require proof of harm,” he wrote, citing, among others: “18 U.S.C. [Section] 1015(a) (punishing ‘any false statement under oath, in any case, proceeding, or matter relating to…naturalization, citizenship, or registry of aliens’)….”
The Stolen Valor Act decision overturned the conviction of Xavier Alvarez. He is a Democrat Party politician who was elected to the Three Valley Water District Board in San Bernardino County, CA. There he claimed to be a “retired marine” who had been “wounded” in combat and had been awarded the “Medal of Honor.”
He was originally exposed by a real former Marine, Melissa Campbell. She held a community relations job in which she came in contact with Alvarez, who regaled her with his tales of service in the Marines and receipt of the Medal of Honor. She was so impressed that she texted her husband how thrilled she was to be meeting with a Medal of Honor recipient. Her husband texted back that he had checked out Medal of Honor recipients on the internet, and there was no “Xavier Alvarez.” Former Marine Campbell then inquired of fake Marine Alvarez where he served,  arousing his suspicion that he was about to be exposed as a fraud. Alvarez, therefore, then used his Water Board position to have Campbell fired. That is, Alvarez complained to her employer that she had disrespected him, a member of the Water Board, by her questions. She was fired.
I became involved when I was contacted to provide pro bono representation to Campbell, and to verify whether Alvarez’ further claim on the Water Board website that he was a member of the American Legion was true. It was another lie. It was removed from the website after I threatened to sue. (While I agreed to represent Melissa Campbell pro bono over her wrongful discharge, she ultimately decided she did not want to sue for personal and familial reasons.)
He was represented at public expense by the Federal Public Defender. The ACLU supported his constitutional challenge to the Stolen Valor Act as a violation of “free speech.” The ACLU supported also a second challenge in a Colorado case which resulted in a District Court decision holding the Stolen Valor Act unconstitutional.
Congress since 1948 has found that it is in the public interest to protect the reputation and meaning of the Medal of Honor – and to protect the public from being deceived – by criminal penalties against imposters who would falsely represent that they have received the Medal of Honor or other medals of valor. The Stolen Valor Act of 2006 is the latest enactment providing those protections. The 9th Circuit has now nullified the protections of the Stolen Valor Act  by finding a First Amendment “right to lie,” claiming no one is harmed by such lies, not even holders of the Medal of Honor.
Thus, miscreant cretins like Xavier Alvarez are now free to lie that they are among the most honored of American veterans, holders of the Medal of Honor. However, in Alvarez’ case, he will have to do it from his prison cell.  He was also convicted of unrelated fraudulent acts in his position as elected Water Board Director, and is currently doing time in prison for those corrupt acts.
Where does all this leave Maj. Gen. Pat Brady and all the other real American military heroes legitimately holding the Medal of Honor?
“I just can’t understand how anyone can believe that General George Washington and the Founding Fathers intended to create a First Amendment Constitutional ‘right to lie’ about military service and receiving the Medal of Honor or other medals of valor. It just defies common sense,”  General Brady said of the decision.
“I hope a way will be found by Congress, and the Executive Branch, to protect the meaning and integrity of the Medal of Honor, and other medals of valor, from abuse and exploitation by charlatans under this 9th Circuit decision,” he said.
Gen. Brady is one of only eight-eight (88) living recipients of the Medal of Honor, among more than 300-million Americans. We 300-million Americans owe to those 88 American holders of the Medal of Honor – and all of those who have received the Medal of Honor in all the wars – a debt beyond repayment.
The least we can do is to stand with them and demand that Congress act by emergency legislation or otherwise, and demand that the Executive branch act by litigation, to preserve the protections of the Stolen Valor Act, and to reject the notion of contemporary lawyers sitting as judges that the Founding Fathers intended to create in the First Amendment a constitutional “right to lie” about receipt of the Medal of Honor and other medals of valor.
[Rees Lloyd is a civil rights lawyer, a veteran, and a veterans activist, who is a Victoria Taft Blogger.]           

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Will the Tea Party Vote for Democrats in Washington State?

“Bad officials are elected by good citizens who do not vote.” Andrew Lack 
Here’s a quick post about a call I got from a passionate, well intentioned man yesterday on the show. I brought up the story of Clint Didier’s demand of Dino Rossi to sign his pact to keep to more conservative positions on taxes, budget and life. Didier has withheld his endorsement of Rossi because Rossi has indicated he won’t sign it. Either way, Patty Murray will make hay of this kerfuffle. However, the caller told me he would rather SIT OUT this race than vote for Rossi. I told the man he was voting for Murray then. That principle is paramount but what principle was he standing on? His guy lost in the primary so what was the more principled stand–sitting out and letting the worst candidate win or voting for a man who’s going to agree with him 80% of the time?
David Castillo who lost in a primary race in the Third Congressional District has been hearing the same thing from his supporters. This is the note he sent to supporters today,

It is imperative that Republicans gain control of the House of Representatives in order to stop progressives like Denny Heck from marching this country into the abyss.
Republicans must capture every seat in which we have a realistic chance of victory — that includes the 3rd Congressional District.  Jaime Herrera won the primary and is the Republican nominee.  She  now has the opportunity to put the 3rd Congressional District back in the Republican column.
I respect, immensely, the feelings of those of you who have expressed a desire to “vote your conscience” in this campaign, but I want to implore all of you to set aside any notion of sitting out this election, conducting a write-in campaign, or worse, voting for Denny Heck.

If you share my deep concern for our country — a concern for the future country that our children, grandchildren, nieces and nephews will inherit — then set aside your anger and disappointment, reject Denny Heck and support the Republican nominee.

My friends in the Tea Party Patty Murray may win Washington’s senate seat back again, but don’t let it be because you were PO’d by the primary result. If you sit out you’ll spend the next six years comforted by your principles while doing exactly the opposite of what you sought to do: save your country.

Tell ’em where you saw it. Http://www.victoriataft.com

Will the Tea Party Vote for Democrats in Washington State?

“Bad officials are elected by good citizens who do not vote.” Andrew Lack 
Here’s a quick post about a call I got from a passionate, well intentioned man yesterday on the show. I brought up the story of Clint Didier’s demand of Dino Rossi to sign his pact to keep to more conservative positions on taxes, budget and life. Didier has withheld his endorsement of Rossi because Rossi has indicated he won’t sign it. Either way, Patty Murray will make hay of this kerfuffle. However, the caller told me he would rather SIT OUT this race than vote for Rossi. I told the man he was voting for Murray then. That principle is paramount but what principle was he standing on? His guy lost in the primary so what was the more principled stand–sitting out and letting the worst candidate win or voting for a man who’s going to agree with him 80% of the time?
David Castillo who lost in a primary race in the Third Congressional District has been hearing the same thing from his supporters. This is the note he sent to supporters today,

It is imperative that Republicans gain control of the House of Representatives in order to stop progressives like Denny Heck from marching this country into the abyss.
Republicans must capture every seat in which we have a realistic chance of victory — that includes the 3rd Congressional District.  Jaime Herrera won the primary and is the Republican nominee.  She  now has the opportunity to put the 3rd Congressional District back in the Republican column.
I respect, immensely, the feelings of those of you who have expressed a desire to “vote your conscience” in this campaign, but I want to implore all of you to set aside any notion of sitting out this election, conducting a write-in campaign, or worse, voting for Denny Heck.

If you share my deep concern for our country — a concern for the future country that our children, grandchildren, nieces and nephews will inherit — then set aside your anger and disappointment, reject Denny Heck and support the Republican nominee.

My friends in the Tea Party Patty Murray may win Washington’s senate seat back again, but don’t let it be because you were PO’d by the primary result. If you sit out you’ll spend the next six years comforted by your principles while doing exactly the opposite of what you sought to do: save your country.

Tell ’em where you saw it. Http://www.victoriataft.com

Obama’s failed stimulus program cost more than the Iraq war

“Expect to hear a lot about how much the Iraq war cost in the days ahead from Democrats worried about voter wrath against their unprecedented spending excesses.”

“The meme is simple: The economy is in a shambles because of Bush’s economic policies and his war in Iraq. As American Thinker’s Randall Hoven points out, that’s the message being peddled by lefties as diverse as former Clinton political strategist James Carville, economist Joseph Stiglitz, and The Nation’s Washington editor, Christopher Hayes.”

“The key point in the mantra is an alleged $3 trillion cost for the war. Well, it was expensive to be sure, in both blood and treasure, but, as Hoven notes, the CBO puts the total cost at $709 billion. To put that figure in the proper context of overall spending since the war began in 2003, Hoven provides this handy CBO chart showing the portion of the annual deficit attributable to the conflict:”

See chart and more at the Washington Examiner

Tell ’em where you saw it. Http://www.victoriataft.com