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Wall Street, GOP Allegedly Stifle Free Speech, Intimdiate Voters on Economic Crisis

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This abuse of power might have been challenged had the House started impeachment proceedings. As long as the President and GOP are not challenged, this type of abuse can be expected to continue.

D
avis assertions appear to be absurd. Federal Court rules prohibit frivolous lawsuits:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

The GOP appears to be on a fishing trip to find an excuse to stifle free speech. The 501c3 exemption to taxes protects public education.

The absurdity of the claim about their 501c3 status is that some organizations with a lawful exemption to taxes have the exclusive goal of education.

Here is the language related to education, which implicitly means they are Congressional-recognized as having a right to engage in public speech despite their tax exempt status:

501c3 rules: Education Purpose Is Protected, Basis For Tax Exemption
Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes

Rather, it is a reasonable question to apply the following criteria to
the funding to Davis' client  -- it could be a problem if there is no receipt showing how the GOP-White House is allegedly funding this defamation lawsuit.

Counter Suit Against GOP

The question isn't whether the bloggers have violated the law; but to what extent the GOP has interfered with the conditions the bloggers agreed when meeting their legal requirements under 501c3: Educating the public.

Even if the GOP were to withdraw this defamation suit, the original alleged consequences -- interfering with and retaliating for public speech -- must be cured. That original attack is not cured by withdrawing the GOP complaint, but through judicial review in a counter-suit.

The GOP, in effect, has claimed that the bloggers, in engaging in political speech have jeopardized their tax standing. The reverse is true: The GOP, by thwarting a free exchange of ideas, allegedly shows it is not willing to permit a 501c3 entity from fully exercising the Congressionally-recognized rights and obligations of a 501c3 corporation: To engage in educational objectives, which inherently mean engaging in public speech. It's impossible to engage in education unless there is communication, public speech, and Constitutionally protected activity, enforceable through Anti-Slapp and 42 USC 1983.

501c3 Prohibited Transactions

Let's find out how much money is flowing from the White House, GOP, and
Wall Street to punish voters who might reasonably be expected to reject
the GOP agenda; and/or oppose a bailout of the alleged
FISA-violators/war criminals funding illegal activity in violation of
Geneva and FISA.

Davis hasn't adequately discussed the following issues related to his alleged failure to disclose who is funding the defamation lawsuit. Public education is protected. What is prohibited are the "prohibited transactions".

1. Check for the receipts connected with Davis:

(b)  Prohibited transactions

For purposes of this section, the term “prohibited transaction” means any transaction in which an organization subject to the provisions of this section—

(1) lends any part of its income or corpus, without the receipt of adequate security and a reasonable rate of interest, to;

Anti-Slapp Discovery: Where is the receipt for the payment streams for this lawsuit?

Are those who are funding this lawsuit obligated to provide a receipt; or have they, as with the Wall Street bankers, created entities which engage in intimidation, and are outside the law?

2. Check the compensation packages connected with Davis:

Risk to 501c3 status: "(2) pays any compensation, in excess of a reasonable allowance for salaries or other compensation for personal services actually rendered, to;"

Anti-Slapp Discovery: Can Davis provide a reasonable explanation for the salaries of those who are funding this lawsuit?

3. Check the work Davis-connected entities are providing

Risk to 501c3 status: "(3) makes any part of its services available on a preferential basis to;"

Anti-Slapp Discovery: Are the entities behind this funding governed by 501c3, but have preferential services, violating 501c3? It would appear so.

4. Check the Davis-connected securities:
Risk to 501c3 status: "(4) makes any substantial purchase of securities or any other property, for more than adequate consideration in money or money’s worth, from;"

Anti-Slapp Discovery: How many of the Wall street bankers pressing for this bailout are funding this defamation lawsuit to silence those who would support those who oppose a bailout of the reckless bankers funding FISA violations, war crimes, and high crimes by this President?

5. Check the connection between Davis and Wall Street bankers:
Risk to 501c3 status: "(5) sells any substantial part of its securities or other property, for less than an adequate consideration in money or money’s worth, to; or"

Anti-Slapp Discovery: Are the bankers behind the Wall Street bailout concerned that a reasonable public rebuke of their alleged collusion with war crimes funding could ensure these financial institutions are out of business, and cannot enjoy any "FISA immunity"?

6. Check Davis alleged connections with GOP-White House-Wall Street financial diversions during the smokescreen of this bailout:
Risk to 501c3 status: "(6) engages in any other transaction which results in a substantial diversion of its income or corpus to;"
Anti-Slapp Discovery: Do we know how the money is flowing from Wall Street to fund this defamation suit -- an alleged effort to suppress information about alleged GOP-Wall Street to deny voters who might oppose this bailout?

Risk to 501c3 status: "the creator of such organization (if a trust); a person who has made a substantial contribution to such organization; a member of the family (as defined in section 267(c)(4)) of an individual who is the creator of such trust or who has made a substantial contribution to such organization; or a corporation controlled by such creator or person through the ownership, directly or indirectly, of 50 percent or more of the total combined voting power of all classes of stock entitled to vote or 50 percent or more of the total value of shares of all classes of stock of the corporation."



Comments (2)

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The issue for the voter caging is to explore not the bloggers, but the allegations about those who are donating to the GOP.

"From the record it is clear that QEP was incorporated as a nonprofit public benefit corporation. The QEP controller's reference to QEP as a 501C3 corporation obviously refers to the federal Internal Revenue Code, specifically title 26 United States Code section 501(c)(3), which exempts certain charitable corporations from income taxation." [ 48 Cal. App. 4th 289 ]

The issue isn't the speech; but whether the transactions of the corporation are or are not prohibited. Davis appears to be focusing on the speech as a pretext for his lawsuit. It appears the GOP knows the statements are true, but they're now expanding the basis for the lawsuit to go donor finances.

Davis needs to explain the source of funds connected with any 501c3 entity; and justify to the IRS why the GOP-Wall Street connected firms should retain their tax exempt status.

The issue has less to do with the blogger's free speech, but with Davis' confusion. He's muddying the waters. 501c3 applies to the donors, not to those who are speaking and educating, fully protected as a lawful exception.

The proper attention needs to be on the GOP donors to see if they, when they fund this lawsuit, have or have not fully complied with their legal obligations under 501c3. For Davis to discuss issues other than defamation suggests he's looking for an excuse to allegedly harass those connected with the reporting. These issue raise the prospect Davis could be the subject of a disbarment investigation at the State level.

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Here are some Anti-slap issues which the bloggers could use to develop their discovery plan against the GOP and those who brought this defamation lawsuit.

Here is a summary timeline of the statements from the GOP suggesting they did not timely act, and their initial responses essentially confirmed the truth of the original reporting. This forms the basis to dismiss the suit; and establishes standing for the bloggers to counter-sue.

It appears the GOP does not have a transcript or recording of any comments made to the bloggers. Rather, it appears the bloggers have a stronger argument, and are more likely to have a record substantially supporting their version of events. Moreover, the GOP has failed to adequately discuss or comment on the Obama lawsuit, substantially accusing the GOP of engaging in alleged voter intimidation through caging.

The GOP's legal position is weak, highly vulnerable, and has exposed the President and GOP to expansive, exhaustive inquiry into legal issues not protected by state secrets, executive privilege. Rather, the bloggers can reasonably claim that the evidence related to the Anti-Slapp lawsuit is related to the crime-fraud exception, and consistent with the recent Federal Court rulings in favor of the House Judiciary in re Miers/Rove.

Importance of Impeachment

The public is experiencing first hand the damaging result of Congress refusing to impeach: The GOP is allegedly expanding its abuse of power without fear of any consequences by Congress, and directly attacking those attempting to provide information critical to conduct oversight of the US government. Because Congress refuses to act, the american public is left hanging in the wind, exposed to broader assaults by the GOP.

Unchecked Abuses Flourish

It is a tired excuse, "The President will be leaving, so let's not bother to investigate." Wrong. The GOP will continue to be around. Impeachment would help challenge not just the Preident but also the GOP's abuses.

This is no different than post WWI when the Nazis, not adequately contained, we left to expand their abuse. The GOP is part of a domestic threat to the US Constitution and must be challenged. Congress is not helping.

The core problem is this Congress in refusing to impeach has exposed the American public to this alleged reckless abuse of power. It is improper for, in the absense of leadership from the Speaker and House Judiciary on impeachment, for the american publuic, voters and bloggers to do what this COngress refuses to do: Put impeachable offenses on the table for public discussion.

The House is reckless in not fully asserting power to check the President and GOP. Impeachment investigations would have (partially) muzzled the GOP pressure, and would have timely provided an ongoing, public forum to address these issues.

Because the Congress refuses to do its job on the President's impeachable offenses, private parties and the media are forced to do what Congress will not do: Challenge abusive power, voter intimidation, and assaults on the Constitution.

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