Harry:This was part of a message sent to our corrupt Senators. Maybe we should have a petition to originate a movement and prosecute iaw 18 USC-201.... but, where are all the Constitutional Lawyers willing to prosecute these miscreants?"Reid, Ben Nelson and Sanders be charged with and prosecuted for the federal crime of bribery under 18 USC § 201. Reid bought votes with public money and Nelson and Sanders sold their votes for benefits for themselves and the citizens of Nebraska and Vermont to the detriment of the citizens of the other states."
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IT is all in black & white. now is the time to go after all of them, why should my money go to another corrupt state, they have really sold their self to the devil. they all are getting a little to ''high almighty'' it is time to put a stop to these before we ;ose our ''CONSTITUTION'' talking about pay=outs who would be the highest bidder to buy the ''CONSTITUTION'' and re=right the
''CONSTITUTION'' .................money ralks and people walk. they are walking all over the citizen of the UNITED STATES.
all the free loaders will mot stand up, so the REAL CITIZENS will have to do our job and the hell with the others.
MERTY CHRISTMAS TO ALL IN THE U.S.A. you know who you are.
No one - and I mean NO ONE - will step up to prosecute those in DC because they all know where the "bodies are buried....and they don'e dare step up to the plate. AGAINST ONE ANOTHER.......Certainly not for the American people ......THEY DON'T CARE ABOUT US !!!!!!!!!!!!!!!!!!!!!!!!!!!
Reid's deal with Nelson is clearly unlawful under 18 USC Sec. 201. I fully intend to file a qui tam suit against Reid and Nelson asap in January 2010. Qui Tam suits at the federal level usually deal with false claims and I haven't been able to find anything in case law aside from that. It does appear, however, that legislative intent has been to encourge citizens to function as "the eyes and ears of government" and "blow the whistle" on unlawful activities of whatever stripe. I am not an attorney and I intend to file the suit "in pro per." Response to the suit will undoubtely be a motion to dismiss for lack of standing. Any insight anybody can give me with respect to how to defeat a motion to dismiss for lack of standing will be appreciated. ("Anybody" doesn't include the dozen or so "protect our rights" organizations to which I have donated money over the past decade, and which have accomplished little more than organizing the next crusade to raise money, nor underemployed attorneys searching for a fee.) Harry C. Johnson
I sent an email to the Boston FBI, and plan to send a certified letter to FBI headquarters. As your, Judicial, Legislative and Executive branches have declared war on We The People, it lies with the FBI to pursue these charges of bribery and extortion.
If there is an attorney out there that would write a letter either to the FBI for actionable charges or for the Court to be filed, then we could post it here, all of us be able to copy it, mail it, or file it. Today was a very sad day and my heart ached for my beloved country, I never dreamed that so many senators could shame their personal name, their state and most of all let the American people down. I have lost count of emails and phone calls and I am more than frustrated. I want to be able to do something "LEGAL" to stop this madness!
As a former Federal Criminal Investigator I can tell you that in order to make a case of Title 18 Sec 201 (Bribery) we must be able to show in court that each of the defendents violated the following.
201. Bribery of public officials and witnesses
a) For the purpose of this section—
(1) the term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;
(2) the term “person who has been selected to be a public official” means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and
(3) the term “official act” means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit.
(b) Whoever—
(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent—
(A) to influence any official act; or
(B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;
(2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:
(A) being influenced in the performance of any official act;
(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) being induced to do or omit to do any act in violation of the official duty of such official or person;
(3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;
(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;
shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
(c) Whoever—
(1) otherwise than as provided by law for the proper discharge of official duty—
(A) directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or
(B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;
(2) directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person’s absence therefrom;
(3) directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person’s absence therefrom;
shall be fined under this title or imprisoned for not more than two years, or both.
(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying.
(e) The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title. Search this title:
Storm Gallant > John Henry MooreDecember 24, 2009 at 7:19pm
Well, this is beautiful and a great surprise! Now what do we do with all that information. I would like to do something with it. But it is christmas eve and I can not stay on line, but you got my attention.
1smbjyp5eic6p > Storm GallantDecember 28, 2009 at 1:27pm
It isn't that complicated. Reid offered a bribe and Nelson accepted it If anyone doubts that they violated Tile 18, Section 201, read United States v Brewster, 408 U.S. 501. The Reid-Nelson escapade is a prima facie case, but a citizen may not have standing to bring suit. Thus, being made to answer for their criminal activity may depend on action by the Attorney General, which I feel safe in predicting "ain't gonna happen." A citizen can file a so called "Qui Tam" suit under the False Claims Act when he or she has reason to believe the government is being defrauded. The government can then either take over the suit or let the citizen proceed. Suing Reid and Nelson doesn't exactly fit under he False Claims Act, but how much more nefarious are their actions than those of someone who pads their invoice to Uncle Sam ? Research is being done on how to bring a citizen's lawsuit against these two crooks. Stay tuned.
Here's a start........we have about ten State Attorney Generals pursuing a legal battle over the healthcare legislation....there is also civilan attorney's supporting the AG's.......We need to get all conservative Governors demanding the AGs get on board and bring legal action against the issue......
Court battle begins over Nelson Medicare goody in Obamacare
Clarice Feldman
Ben Nelson's taking a lot of heat for accepting the Reid bribe of a free pass on Medicaid to sign on to the Reid health care fiasco. Even the state's biggest newspaper is poking fun at him and one of my correspondents indicates he'd not be surprised if the Senator chooses not to be the ex-Senator from Nebraska by voting against the bill when it comes to a final vote after conference.
In the meantime, seven states' attorneys, lead by South Carolina are considering bringing suit if the Nebraska provision is in the final bill:
The top prosecutors in seven states are probing the constitutionality of a political deal that cut a funding break for Nebraska in order to pass a federal health care reform bill, South Carolina's attorney general said Tuesday.
Attorney General Henry McMaster said he and his counterparts in Alabama, Colorado, Michigan, North Dakota, Texas and Washington state - all Republicans - are jointly taking a look at the deal they've dubbed the "Nebraska compromise."
"The Nebraska compromise, which permanently exempts Nebraska from paying Medicaid costs that Texas and all other 49 states must pay, may violatethe United States Constitution - as well as other provisions of federal law," Texas Attorney General Greg Abbott said.
Replies
''CONSTITUTION'' .................money ralks and people walk. they are walking all over the citizen of the UNITED STATES.
all the free loaders will mot stand up, so the REAL CITIZENS will have to do our job and the hell with the others.
MERTY CHRISTMAS TO ALL IN THE U.S.A. you know who you are.
LINDA G
201. Bribery of public officials and witnesses
a) For the purpose of this section—
(1) the term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;
(2) the term “person who has been selected to be a public official” means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and
(3) the term “official act” means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit.
(b) Whoever—
(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent—
(A) to influence any official act; or
(B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;
(2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:
(A) being influenced in the performance of any official act;
(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) being induced to do or omit to do any act in violation of the official duty of such official or person;
(3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;
(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;
shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
(c) Whoever—
(1) otherwise than as provided by law for the proper discharge of official duty—
(A) directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or
(B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;
(2) directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person’s absence therefrom;
(3) directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person’s absence therefrom;
shall be fined under this title or imprisoned for not more than two years, or both.
(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying.
(e) The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title. Search this title:
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Court battle begins over Nelson Medicare goody in Obamacare
Clarice Feldman
Ben Nelson's taking a lot of heat for accepting the Reid bribe of a free pass on Medicaid to sign on to the Reid health care fiasco. Even the state's biggest newspaper is poking fun at him and one of my correspondents indicates he'd not be surprised if the Senator chooses not to be the ex-Senator from Nebraska by voting against the bill when it comes to a final vote after conference.
In the meantime, seven states' attorneys, lead by South Carolina are considering bringing suit if the Nebraska provision is in the final bill:
The top prosecutors in seven states are probing the constitutionality of a political deal that cut a funding break for Nebraska in order to pass a federal health care reform bill, South Carolina's attorney general said Tuesday.
Attorney General Henry McMaster said he and his counterparts in Alabama, Colorado, Michigan, North Dakota, Texas and Washington state - all Republicans - are jointly taking a look at the deal they've dubbed the "Nebraska compromise."
"The Nebraska compromise, which permanently exempts Nebraska from paying Medicaid costs that Texas and all other 49 states must pay, may violatethe United States Constitution - as well as other provisions of federal law," Texas Attorney General Greg Abbott said.
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