AN ACT Redistributing the Powers of the Executive Council (1977)

Courtesy of Lise from Maine

PUBLIC LAWS OF THE STATE OF MAINE AS PASSED BY THE One Hundred and Seventh Legislature AT THE FIRST SPECIAL SESSION January 19, 1976 to April 29, 1976 AND THE SECOND SPECIAL SESSION June 14, 1976.

1977, Chap. 6 CONFIRMATION OF APPOINTMENTS – redistribution of powers to the Legislature to select or reject judges. View HERE.

Original Constitution of Maine (1820), click here.

Pursuant to the original constitution (1820) Art 5 sec 8, the governor shall nominate, and, with the advice and consent of the Council, appoint all judicial officers…..

This 1977 Act contradicts the original constitution.

The legislature (Judiciary Committee) has no authority to be involved in the acceptance or rejection of any nomination and appointment of judges.

Related:

Phil Merletti Commentary on “A System In Crisis” – Judicial Confirmation Hearing of William J. Schneider, click here.

“A System In Crisis”, view HERE.  (Judiciary Committee hearing)

Maine Attorney General’s Office (Salaries)

Click here.

Published in: on March 18, 2014 at 9:11 pm  Leave a Comment  

Phil Merletti Commentary on “A System In Crisis” – Judicial Confirmation Hearing of William J. Schneider

update - 

April 16, 2014
Governor’s Office

For Immediate Release: Wednesday, April 16
Contact: Adrienne Bennett, Press Secretary, 207-287-2531

AUGUSTA – Governor Paul R. LePage administered the oath Tuesday to Judge William Schneider of the Maine District Court. Read more HERE.   Judge Schneider

“A System In Crisis”, view HERE. (Opposition to nomination begins at 46:14)

03/15/14

To all,

“On the 11th of March, Dottie LaFortune and I attended a public hearing at the Maine State Capital. The committee providing the public hearing was the Judiciary Committee. The Judiciary Committee member’s task was to hear public testimony to the creditability of those Lawyers who were nominated by Governor LePage to be appointed and confirmed Judges.

The Public hearing’s procedure was, to witness those who where in favor of the appointment and confirmation of each nominee. The first hour of this hearing depicts the favoritism and camaraderie of other lawyers; judges and friends who never provided anything evidence more than verbal lip service.

Both Ms. LaFortune and I gave evidence proving that ex-Attorney General William Schneider refused to acknowledge the receipt of evidence mailed to his office and that he refused to log in our request for proper investigations concerning our evidence. The evidence that Ms. LaFortune and I produced showed that future requests were also ignored. The evidence that Ms. LaFortune and I produced also showed that the named persons in the evidence packages were also known friends to the ex-Attorney General. This alone would have given “reason for doubt” in anyone’s minds who read the evidence. All lawyers know the value of written statements and Attorney General William Schneider knew that if he acknowledged our request in writing, he would have had to not only follow through with the investigation, but he would also have to report his friends as criminals in fraudulent and unconstitutional actions.

There was one more element in the act of ignoring the evidence and refusal to engage an investigation. Birds of a feather fly together. The persons recorded in the request were fellow Republican Leaders. If the public and other Republicans were to find out that their leaders were involved in “Voter Fraud” and Unconstitutional activities to prevent people from their right as U.S. and Maine people from voting, the top three leaders, Charles Webster, Charles Summers and Andrea Cushing would be removed from their positions and be found guilty as charged.

It is time for the Maine people to see how the Legislators conduct their own actions of ignoring public presentations of written evidence and how they believe in their own favoritism of fellow legislators and Lawyers. Please click on to the following link called “A System in Crisis” and watch this travesty of public trust. The first hour of verbal descriptions was to convince the Judiciary Committee that Ex-Attorney General Schneider can walk on water, is incredibly boring, but the attention should become more interesting as Ms. Fortune and I layout the truth.

One word of caution, be ready to feel betrayed as the Judiciary Committee imitates the same behavior of the Attorney General William Schneider and ignores the written evidence and throws any doubt to the wind. The Committee members in total vote in favor of allowing an Ex-Attorney General to become a Judge who just may repeat his past actions and ignore what he wishes and play favoritism and crony politics for whom ever he wishes.

Please catch the phrase that Senator Burns uses to acknowledge his favoritism for Attorney General Schneider, he says, “a resounding yes!”.”

“A System In Crisis”, view HERE. (Opposition to nomination begins at 46:14)

Phil Merletti

“Note #1. This was an observation that I had when Ms. Fortune started using the words crime and fraud in her presentation. All of the lawyers and legislators that gave a verbal presentation in behalf of Ex-Attorney General Schneider quickly got out of their chairs and made it outside, where they stayed until I finished my presentation. I thought that the exodus was quite odd, but after discussing this event, I was told that Lawyers and public officials who are knowledgeable of a crime and they willfully ignore it or fail to report the crime, it can amount to the offense in itself.

Note #2. We are looking into the fact that three Judiciary Committee members that received and viewed the evidence that Ms. Fortune and I submitted did not ask for recess for a discussion to not confirm Schneider until the evidence could be proven. These three Committee Members are not only Legislative Public Officials, they are trusted to not put questionable people on the bench. I say this because they are also Lawyers and they did not question the fact that they are now in position of the same evidence that Attorney General had received. This evidence is the same evidence that Schneider willfully ignored and showed favor to his friends who were also in the same political party! We are at present time investigating their ignorance of their responsibility to act accordingly

Excepts from Dottie and Tim

In nearly all justice systems, the main firepower is reserved for the lead offender in a crime; however, those who help that person escape punishment by concealing facts are not forgotten. Under the American system, failure to report a crime can amount to an offense in itself,

Accessory After the Fact

One of the most basic reporting charges is accessory after the fact, broadly defined as someone who helps or hides a criminal trying to avoid getting caught.

Obstruction of Justice

Another key concept, obstruction of justice, applies more directly to public officials, who may be charged for perverting justice.

Perjury

Perjury exemplifies the basic legal standard that may come into play for not reporting a crime–whether by omission or lying under oath in a court.”

Related:  Aroostook Watchmen with Guest Phil Merletti on Confirmation Hearing of William Schneider For Judgeship, click here.

Maine Governor Lepage Nominates Former AG William Schneider For Judgeship, click here.

Research has revealed that Maine judges must be commissioned…and they are not! No commission = no oath of office = no judicial power, click here.

For more information on this subject type in “Lise from Maine” in the search section of this blog. Lots of information and discussion in the comments section.

Published in: on March 15, 2014 at 6:36 pm  Comments (7)  

A System in Crisis – Judicial Confirmation Hearing of William J. Schneider

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Maine Judiciary Committee – Confirmation Hearing – William J. Schneider to the Maine District Court, Tuesday March 11, 2014.

The Judiciary Committee voted unanimously on the confirmation of William Schneider.

View hearing, click here.

Judiciary Committee members.

Related, click here.

This committee and all attorneys in attendance now have personal knowledge of crimes committed.

Please forward to all of your contacts.

Published in: on March 13, 2014 at 6:58 am  Comments (7)  

Aroostook Watchmen with Guest Phil Merletti on Confirmation Hearing of William Schneider For Judgeship

Phil recaps the events of the hearing.

The Judiciary Committee voted unanimously on the confirmation of William Schneider.

03/12/2014 08:00 AM EDT (1:00:04)
EPISODE1409 – AROOSTOOK WATCHMEN

Listen HERE.

The 5 Remonstrances, click here.

Maine Judiciary Committee – Confirmation Hearing – William J. Schneider to the Maine District Court, click here.

Joint Standing Committee on Judiciary

Senator Linda M. Valentino (D-York), Chair

Senator John L. Tuttle, Jr. (D-York)  (absent)

Senator David C. Burns (R-Washington)

Representative Charles R. Priest (D-Brunswick), Chair

Representative Kimberly J. Monaghan-Derrig (D-Cape Elizabeth)

Representative Jennifer DeChant (D-Bath)

Representative Matthew W. Moonen (D-Portland)

Representative Stephen W. Moriarty (D-Cumberland)

Representative Lisa Renee Villa (D-Harrison)

Representative Jarrod S. Crockett (R-Bethel)*

Representative Michael G. Beaulieu (R-Auburn)

Representative Anita Peavey Haskell (R-Milford)

Representative Stacey K. Guerin (R-Glenburn)

Representative Wayne T. Mitchell (Penobscot Nation)

Governor Paul LePage
207-287-3531
Fax 207-287-1034
E-mail, click here

Senate President Justin L. Alfond (D-Cumberland County)
Senate President’s Office (207) 287-1500
home: 232-4187
E-mail: justin@justinalfond.com

Senate Majority Leader Troy D. Jackson (D-Aroostook County)
Senate Majority Office (207) 287-1515
home: 398-4081
cell: 436-0763
E-mail: SenTroy.Jackson@legislature.maine.gov

Senate Minority Leader Michael D. Thibodeau (R-Waldo County)
Senate Minority Office (207) 287-1505
home: 223-5177
E-mail: SenatorThibodeau@aol.com

Speaker of the House Mark Eves (D-North Berwick)
(207) 287-1300
E-mail RepMark.Eves@legislature.maine.gov

Rep. Seth A. Berry, Majority Leader D-Bowdoinham)
House Majority Office (207) 287-1430
E-Mail: RepSeth.Berry@legislature.maine.gov

Rep. Kenneth Wade Fredette, Minority Leader R-Newport)
House Minority Office (207) 287-1440
E-Mail: RepKenneth.Fredette@legislature.maine.gov

OPEGA MISSION
The Office of Program Evaluation and Government Accountability (OPEGA) exists to support the Legislature in meeting its constitutional responsibilities and to improve the accountability, oversight and performance of State government for the benefit of Maine’s citizens.

Related:  (now former) Secretary of State Charlie Summers, click here.

The Lisbon Reporter: “Maine’s Circle of Corporational Corruption and Complexity Widens”

Thank you Lisbon Reporter for spreading the word! Click here.

Related: Trail Of Evidence That Leads From Maine’s Original Constitution To The Commission Of Maine Judges, click here.

For more information on this subject type in “Lise from Maine” in the search section of this blog. Lots of information and discussion in the comments section.

Maine Governor LePage Nominates Former AG William Schneider For Judgeship

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Gov. Paul LePage nominated the following two District Court judges for the Superior Court bench and five other people for District Court judgeships, including former AG William Schneider:

Judge Daniel I. Billings to the Superior Court bench                                                                                                                           Judge Robert E. Mullen to be a Superior Court bench

Attorney General William J. Schneider and Assistant Attorney General Andrew Benson to be District Court judges

Barbara L. Raimondi, Lance E. Walker and Eric J. Walker to serve as District Court judges.

LePage renominated four District Court judges: Michael Cantara, Charles Dow, Valerie Stanfill and Rick Lawrence. He also renominated two Superior Court justices, Andrew Horton and Nancy Mills, and one Supreme Judicial Court justice, Andrew Mead.

Says LePage “As governor, I have the utmost respect and have been impressed with the high quality work of the judicial branch,” the governor said in the press release. “In choosing judges, my focus is on the qualifications, demeanor, and integrity of the candidates, not politics. These nominees reflect those priorities.”

Read more HERE and HERE. Be sure to view the comments.

Before considering Gov. LePage’s nomination of William Schneider to the court, albeit fake courts, the following must be considered.

States Gov. LePage “In choosing judges, my focus is on the qualifications, demeanor, and integrity of the candidates, not politics.”  William Schneider does not possess the qualifications, integrity, honesty and trustworthiness of a judgeship. Schneider will carry his bias, prejudicial and selective “web of deceit” into the courtroom.

LePage is aware of much of Lise’s documentation on the original constitution (1820) and Maine’s judicial system. He requested documents from her and she provided them to him. (To view documents, in the search box type in “Lise from Maine”.)

A criminal complaint was filed with A.G. Schneider on January 10, 2011 regarding the following:

FRAUD – A scheme was devised by means of false and fraudulent pretenses, in violation of 18 U.S.C. §§ 1341, 1343 and 36 M.R.S.A., 5 M.R.S.A. § 4684, to unlawfully obtain ownership of real estate. The enterprise involved is an “enterprise” as defined by 18 U.S.C. § 1961(4).

EXTORTION – The “enterprise”, conspiring in concert with others, aided and abetted theft and extortion through the commission of state and federal offenses and gained financially by receiving the proceeds and benefits of this extortion in violation of 17-A M.R.S.A. §§ 353, 355 and 18 U.S.C. § 880. This entire “scheme” is a series of RICO predicate acts as 18 U.S.C. § 1951(a) expressly makes conspiracy a predicate act and a crime. The furtherance of these crimes was in violation of 17-A M.R.S.A. §§ 353, 354, 355 and 18 U.S.C. § 1349, 241, 242.

MAIL & WIRE FRAUD – The internet and U.S. Postal service were used by the enterprise/associate” to further extort money in the amount of $35,000 in violation of 18 U.S.C. §§ 1341, 1343. These were also multiple predicate acts under RICO statutes.

BANK & SECURITIES FRAUD – The “enterprise”/agent involved unlawfully used property, other than his own, as collateral by means of false or fraudulent pretenses and did obtain a mortgage from a bank in the amount of $105,000.00 in violation of 18 U.S.C. § 1344 and § 1348. The Security Instrument involved, was obtained through unlawful activity and constitutes “racketeering activity” as defined by 18 U.S.C. §1961 and money laundering as defined by 18 U.S.C. § 1956 and § 1957.

Governor LePage is aware of this complaint – he took no action. Click here.

John Morris, Comm. Dept. of Public Safety has aided and abetted in the A.G.’s cover up of these crimes – RICO violations. Response from Mr. Morris, HERE.

Pursuant to 25 MRS, Chap. 351: Department of Public Safety §2908. Police officers; powers and duties; cooperation, the Commissioner of Public Safety may expand the duties and powers of police officers beyond the duties and powers enumerated in this section to investigate, prosecute, serve process on and arrest violators of any law of this State.

A Remonstrance for Maine Government was presented by the Aroostook Watchmen at an emergency meeting with Governor LePage, click here.

The  “continuity of racketeering activity” within the state of Maine, violation of his oath of office, non-compliance of Maine’s statutes, violations of common law rights of the people will only be continued with Schneider on the bench. Appointing a former prosecutor to the bench will only reap the same results as Judge Michael Cantara (former York County prosecutor). Judge Cantara has been hiding behind a mask since his days as District Attorney of York County. He didn’t get where he is being on the side of the people. He’s been aware of the frauds perpetrated by banks since the 1990′s and did NOTHING except shield Saco Biddeford Savings Bank, Attorney Michele Robert (who now occupies a position in the State A.G.’s office) and (now former) Judge Robert Crowley. JUDGE MICHAEL CANTARA’S STALL TACTICS ON REAGAN’S FORECLOSURE CASE, read more HERE.
Read the comments where Cantara presided over other cases and destroyed families.

Also take into consideration Governor LePage’s Judicial Selection Committee. Click here.
Joshua Tardy will serve as the committee’s chair.
Be sure to view the comments section.

Committee on Judicial Responsibility and Disability HERE. These are personal appointments by the Governor. Is there not a serious conflict of interest here? Judges judging judges?

Augusta has all its “bases” covered…to include the courtrooms.

Public hearings will be held on these judicial nominees. People must attend and testify in opposition.

Related: click here.

A Lesson In History Can Help The ‘Discord’ Between LePage and Mills

The Lisbon Reporter reports “Excellent Presentation a ‘must read’ for ALL!” To view this and more news from the Lisbon Reporter, click here.

Published in: on January 10, 2014 at 9:20 pm  Comments (1)  

Public Notice To Maine Governor Paul LePage

“Last evening, Wednesday January 8, 2014, the local news channels addressed the tension between Governor LePage and Attorney General Janet Mills as it relates to the medicaid report, and he said that she could sue him for not releasing the report.

He is a republican, and she is a democrat.

Here is what Governor LePage does not know about.

What happened as a result of the 1855 resolve?

In order to understand what the fraudulent 1855 resolve accomplished, you must understand what the original constitution says and means.

First of all, in the original Constitution of the State of Maine (1820) it states in part in Article V, Part First, Executive Power, Section 8: “He [Governor] shall nominate, and, with the advice and consent of the Council, appoint all judicial officers, the Attorney General (emphasis is mine), the Sheriffs, Coroners, Registers of Probate and Notaries Public……….”

This is an Executive Department function ONLY. All of this belongs in this department.

Here is what the 1855 resolve states in part: (View 1855 Resolve, click here.)

“SECT. 10. The land agent and attorney general (emphasis is mine) shall be chosen annually by joint ballot of the senators and representatives in convention.

Vacancies in said offices occurring when the legislature is not in session, may be filled by appointment by the governor, with the advice and consent of the council.”

What is the problem with this resolve?

First of all, the legislative department has NO delegation of authority to “interfere” with another department.

The function of the Attorney General is to “execute” the laws of the state, and that is an Executive department function ONLY.

The legislative department ONLY makes the laws.

“Separation of Powers” is a common law principle among many principles.

What the Legislature accomplished by this fraudulent resolve is to “steal” from the Executive department the ability to “elect” the Attorney General and have the Attorney General under its thumb so to speak to execute the laws of the state rather than the Governor, with the advice and consent of the Council, to select their own Attorney General of their own “choosing.”

Remember that the Attorney General had to attend ALL court sessions of the “circuitry court” known as the Supreme Judicial Court (this court was eliminated in 1929 unlawfully) that travelled to each county to hear causes. He was there to make sure that all laws were faithfully executed lawfully according to the original constitution.

The Attorney General also gave instructions to the “local” county attorney, who had a “double role.” He acted for the state AND the county. The county attorney office has been eliminated in 1973 and replaced by the district attorney office who has ONLY one role; he acts FOR THE STATE ONLY and enforces the “will” of the state.

Keep in mind that the Attorney General is a “field person” who goes out into the various counties (the terrain) and executes the laws of the state as well as the Sheriffs and their deputy Sheriffs. He is under the thumb of the Governor and the Council (Council was eliminated in 1976) to execute the laws.

The Attorney General does NOT belong in the Legislative department since the said department cannot lawfully instruct the Attorney General to execute the laws as this is an extreme “conflict of interest.” It is an interference into another department as it relates to the execution of laws. What this 1855 fraudulent law does is to eliminate the “separation of powers.”

The Legislative department ONLY makes the laws and ANOTHER department executes them. This is the “separation of powers” under the common law, and they don’t mix like oil and water.

Additionally, the Legislature has NO delegation of authority to expand its powers by having the Attorney General under its thumb, and also has NO delegation of authority to “fool” the people (electors) to vote on a fraudulent proposed amendment to begin with.

Furthermore, did Governor Anson P. Morrill ask a “question of law” to the justices of the Supreme Judicial Court (see Article VI, Section 3) regarding this proposed amendment (1855 resolve)?

The Founding Fathers provided a remedy to the public officers in the event that they were uncertain as to the constitutionality or unconstitutionality of a proposed law.

Here is what Article VI, Section 3 states regarding the Judicial department: ” They [judicial officers] shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the Governor, Council, Senate or House of Representatives.”

It was the Governor’s role as well as the Council’s role to behave in an “adversarial” role as it relates to the Legislature attempting to “steal” their authorities pertaining in this situation in the selection of the Attorney General.

Did they?

I don’t believe so since this fraudulent, pretend law passed.

Keep in mind that a “supposed” law is not law, and it is null and void on its face.

Can the Governor execute a fraudulent law? No, he cannot.

It is fraud and treason.

If Governor Lepage understood this, he could challenge this fraudulent 1855 resolve and take it to court (we don’t have any courts but he could try it anyways). He could make this concept public in his radio addresses and whatever he chooses to write about. He could go to the media and explain to them what this fraudulent 1855 resolve accomplished unlawfully. He could “shout from the rooftops” explaining this fraud and “demand” that these offices be returned to the Executive department.

Exposure is the name of the game.

Overall, what the 1855 resolve accomplished was to “weaken” the Executive department, and in 1976 it was further weaken it with the elimination of the Executive Council.

This 1855 resolve also removed the ability of the Governor, with the advice and consent of the Council, to nominate and appoint their own Sheriffs who are also “field persons” who go out into
the “terrain” called counties and execute the laws of the state. This repugnant 1855 resolve allowed the Sheriffs to be elected by the people (electors).

All fraud and treason.

How can the electors know who are the best persons to do the job of a Sheriff? They don’t. That is the job of the Governor and the Council to select the best qualified persons in order to execute the laws of the state.

In essence, this 1855 resolve “did a number” on the Executive department by removing the ability of the said department to choose their own Attorney General and their own Sheriffs who are the “field persons” to do the best job possible in order to execute the laws.

Thank you!”

Lise from Maine

Related:

A.G. Janet Mills says the LePage administration is violating state law and threatens court action, click here.

LePage fends off accusation of ‘cronyism’ in hiring controversial welfare consultant, click here.

Notice and Demand to A.G. Janet Mills, click here.

Who is violating the law?

Maine Hires Controversial Medicaid Reformist For $925,000

Is this another “it’s looks good on its face”….but on the other hand……

PPH reports “Maine has hired the controversial former welfare chief of Pennsylvania to conduct a $925,000 review of its Medicaid program and the potential effects of expanding it through the federal health care law.

The Department of Health and Human Services announced Tuesday that it has contracted with The Alexander Group of Rhode Island to bolster ongoing “program integrity” efforts.”

The contract is worth $925,200, according to a copy of the document, and will employ the services of Gary D. Alexander, the former welfare chief in Pennsylvania who was criticized for policy initiatives that dramatically cut the state’s Medicaid rolls, eliminating health care coverage for 89,000 children.

DHHS Commissioner Mary Mayhew said in a media statement that Alexander’s firm brings much-needed expertise to evaluating social services that cost Maine $3.4 billion a year.

The emphasis on fraud has increased the number of prosecution referrals to the state Attorney General’s Office, from 10 cases in 2010 to 45 in 2012. The number of successful prosecutions has increased more gradually, from eight in 2010 to 15 in 2012. The amount of restitution that courts have ordered increased from $92,339 in 2010 to $104,341 in 2012.

The administration is also pursuing anti-fraud initiatives that it hasn’t publicly disclosed. Documents obtained by the Portland Press Herald show that the state has launched a special investigation that targets Maine’s approximately 500 licensed elver fishermen.

According to the contract, about $455,000 will be paid from the state’s general fund, and about $276,000 is “special revenue.” About $193,000 is federal matching funds.

In her media statement, Mayhew said the DHHS is “excited about the opportunity to work with such a knowledgeable group of experts.” It will be extremely helpful to have someone with significant Medicaid experience lending a hand to our program reform efforts,” she said.”

Rep. Jeff McCabe, D-Skowhegan, the assistant House majority leader, is concerned with “another gimmick to deny and delay health care for tens of thousands of Mainers, including nearly 3,000 veterans.”

“Alexander’s work has been hailed by conservatives who have called for a reduction in Medicaid rolls and a crackdown on fraud.

Sam Adolphsen, a former policy analyst for the Maine Heritage Policy Center, will oversee “programmatic aspects” of the contract. Adolphsen works for the DHHS as the strategic development director.”

“Republicans applauded the contract. House Minority Leader Kenneth Fredette, R-Newport, said in a prepared statement that he is glad to see the LePage administration “take yet another important step in bringing accountability.” Read more, click here.

There were repeated requests for a full investigation into Medicare and Medicaid payments that were paid out in excess for prescription drugs, that were not needed, medical equipment that was not needed all at the expense of the taxpayers. The refusal of Maine’s Attorney General, and elected officials, to seek an investigation is a disgraceful PUBLIC SCANDAL. How many more got away with it?

In her media statement, Mayhew said the DHHS is “excited about the opportunity to work with such a knowledgeable group of experts.” It will be extremely helpful to have someone with significant Medicaid experience lending a hand to our program reform efforts,” she said.”

How much “expertise” must one have to recognize “fraud, waste and abuse”? Apparently, this lacks within Maine government.  How competent is Maine’s Attorney(s) General? 

Notice and Demand to A.G. Janet Mills, click here. No response was received.

If nothing was done in the past, is the future any brighter? Will there be “accountability” at the expense of nearly $1 million dollars?

Most people know not to believe mainstream media. The full accounts of their reports are grossly flawed and misleading. You are getting the “rest of the story”.  

Is this another slight of hand at our expense?

Related:

Contradiction To Conversation With Governor John Baldacci, click here.

Maine Partners with Former Health and Human Services Leader for Medicaid and Program Integrity Improvements, click here.

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