Talkshoe Radio – Discussion On “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills…Oral Argument

Wednesday, March 4, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Archived program, EPISODE 55, click here.

Click here to join in online.

Related:  Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.
Wednesday, February 4, 2015 broadcast, Archived program, EPISODE 51, click here.

Talkshoe Radio – Update on Article V Constitutional Convention Forum and “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.
Wednesday, February 25, 2015 broadcast, Archived program, EPISODE 54, click here.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.

Talkshoe Radio – Update on Article V Constitutional Convention Forum and “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

Wednesday, February 25, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Click here to join in online.

Archived program, EPISODE 54, click here.

 

Related:  Talkshoe Radio – Discussion on the Article V Constitutional Convention with Special Guest Deborah Stevenson, click here.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.

Talkshoe Radio – Office of the Attorney General and the 1855 Amendment

Wednesday, February 18, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Archived program, EPISODE 53, click here.

Click here to join in online.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

State of Maine 1855 Amendment

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

Talkshoe Radio (February 4, 2015) – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.

Attorney General Janet Mills Asks The Maine Supreme Judicial Court Not To Take Action On Governor Paul LePage’s Questions, click here.

Documents:

Recording of oral argument on February 26, 2015

Attorney General Janet Mills Asks The Maine Supreme Judicial Court Not To Take Action On Governor Paul LePage’s Questions

PPH reports “The governor has asked the Maine Supreme Judicial Court to weigh in on whether he needs permission from Janet Mills to hire outside legal counsel in some cases.

Attorney General Janet Mills is asking the Maine Supreme Judicial Court to take no action on Gov. Paul LePage’s query last month on whether he must seek permission from Mills to hire outside legal counsel in cases where her office declines to defend the administration’s position.

Mills argued in papers filed Friday that the state’s highest court should find that LePage’s “request for opinion” sent on Jan. 23 does not meet the legal hurdle for the court to even consider it. She also argued that one question the governor posed has already been answered by the court in a 1989 ruling and that the other is overly hypothetical.

Lawyers for the governor, however, argued in their own brief filed Friday that LePage is asking serious questions that require an immediate answer. They argue that the court should find that a “solemn occasion” – the required legal hurdle for the justices to hear the questions – exists, and that LePage should be allowed freedom to hire outside lawyers as he chooses.

LePage’s letter to the court asking for intervention in his dispute with Mills marks the first significant effort in the Republican governor’s administration to strip power from the Democratic attorney general, who is elected by the Legislature as the state’s top legal officer.

The court plans to hear arguments on the governor’s request on Feb. 26. Friday was the deadline for the two sides and any other interested party to file briefs for the court to consider before oral arguments. The sides have until Feb. 13 to file additional responses.”

Read more HERE.

BDN reports” Attorney General Janet Mills says the Maine Supreme Judicial Court should ignore questions from Gov. Paul LePage about whether he must continue seeking her approval before hiring outside lawyers to represent the state.

If the attorney general refuses to represent the state in court, the state must obtain her permission to hire an outside attorney.

Mills argued in her brief that state law and previous Maine Supreme Judicial Court opinions make clear that the attorney general is responsible for approving outside counsel to represent any state agency.”

Read more HERE.

A.G. Mills “is responsible for approving outside counsel” and “the state must obtain her permission to hire an outside attorney.”

Peter Brann also filed a brief into this case. Brann was “Assistant Attorney General and then State Solicitor in the Attorney General’s Office between 1981 and 1999. Peter Brann now a partner at Brann & Isaacson, which has been hired as outside counsel on behalf of the State, with the Attorney General’s written approval, in a number of matters.”

Brann states in his brief “Moreover, the Attorney General and his staff are not the equivalent of a private law firm.”

They get around it…..sure has the appearance that the AG has a “private law firm” in its pocket.

Is the “fix” in? Does Peter Brann stand to gain financially with the status quo?

Related:  Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.

Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?”

Wednesday, February 4, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Click here to join in online.

Archived program, EPISODE 51, click here.

 

The ongoing dispute between Gov. Paul LePage and Attorney General Janet Mills has reached the Maine Supreme Judicial Court. Governor LePage requested an Opinion of the Justices regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General.

Governor LePage’s letter to the Maine Supreme Court, click here.

Maine Supreme Court Order, click here.

State of Maine 1855 Resolve, click here.

1975 Amendment

1975, Public Law – AN ACT Redistributing the Powers of the Executive Council

Maine Constitution (1820)

“Where Did The Original Constitutional State Go?”, author Lise Dupont. Click here.

What’s Behind Governor Paul LePage’s Proposed Constitutional Amendment Relative To Constitutional Officers?

Courtesy of Lise Dupont, Researcher/Author of “Where Did The Original Constitutional State Go?”

Lise comments on this BDN article “LePage sheds light on plan to strip Legislature of power to appoint attorney general, treasurer.”

BDN reports “LePage sheds light on plan to strip Legislature of power to appoint attorney general, treasurer. Gov. Paul LePage said Friday that he will propose a constitutional amendment to take the power to appoint the attorney general and state treasurer away from the Legislature and give that authority to either the governor or voters. “I really think this is a very important decision, probably the most important decision or program we’re [going to] take on in the eight years we’re going to be here, and I want to get it right,” he told reporters Friday. The plan would also create a position of lieutenant governor.

LePage said he will propose that the state treasurer be appointed by the governor and confirmed by the Legislature, similarly to how Cabinet-level positions and state judges are appointed now.

“The Constitution says the chief executive powers will rest in a governor,” he said. “But the way we’ve set it up is the AG has veto power over the governor. I don’t think in 1820, that’s what [the Constitution’s writers] were trying to do.”

LePage’s plan will be a heavy lift, considering he’ll need to convince two-thirds of the Legislature to give up authority it has held for nearly 200 years. But he could have at least one ally: state Sen. Andre Cushing, R-Hampden, has already proposed a bill for the popular election of attorney general, treasurer and secretary of state.” Read more HERE.

Maine Constitution (1820)

1855 Resolve

1975 Amendment

1975, Public Law – AN ACT Redistributing the Powers of the Executive Council

Lise’s commentary:

“The legislature has no delegation of authority to dispose of the Secretary of State constitutional office (see Article 5, Part 3 of the original constitution). The Secretary of State is a constitutional office and cannot be reduced to a “statutory” office which is inferior.

The legislature also cannot lawfully give the governor the authority to appoint the state treasurer (see Article 5, Part 4 of the original constitution) nor have him or her elected by the people.

LePage needs to work on getting his Executive Council back; it was abolished unlawfully by the 1975 fraudulent amendment which went into effect in 1976. LePage cannot do anything lawfully regarding the state’s business without the “advise and consent” of the council (see article 5, Part 2 of the original constitution). He needs to have an investigation into the unlawful elimination of the Executive Council and then declare formally that it is null and void.

All Governor LePage needs to do regarding the attorney general is to have the 1855 resolve investigated and declare it null and void in order to “bring back” the attorney general in the Executive department (see Article 5, Section 8 of the “original” Constitution of the State of Maine).” The attorney general office was “stolen” by the legislative department by this unlawful 1855 resolve that went into effect in 1856.

Remember that the attorney general is a “field” person who executes the laws of the state “for” the Governor, and it is the Governor who actually executes the laws of the state (see Article 5, Section 12 of the original constitution). It is an Executive department function and not a legislative function.

In the Bangor Daily News article of January 23, 2015 it states that LePage wants to find out from other governors how the positions (attorney general, state treasurers) are filled in their states.

Who cares what other states do?

What matters is what the constitution (original) allows and does not allow lawfully.

LePage also wants to create a position called the “lieutenant governor.” The constitution (original) says nothing about this officer and is not allowed lawfully. He should have his Executive Council back instead.

In the same article as above-noted, LePage said: “I want to get it right.”

Is he getting it right?

No, he is not getting it right, and the people “should not” support this unlawful activity.

In the same article it says that LePage wants the state treasurer appointed by the governor and confirmed by the legislature such as how cabinet positions and state judges are appointed now.

This would be unlawful activity (see Article 5, Part 4 of the original constitution).

State judges were appointed by the governor with the “advice and consent” of the council (see Article 5, Section 8 of the original constitution). The judiciary committee now unlawfully confirms the appointments of the governor.

All of this is unlawful.

There is NO council since 1976 which is one hundred years after the American Revolution.

Accident?

No way!

This was well-planned ahead.

Once again, the governor cannot do anything lawfully without his council so, therefore, there are NO judges operating here in Maine. The legislature has NO delegation of authority to be involved in confirming judges’ appointments by the governor. That is an Executive department function ONLY (see Article 5, Section 8 of the “original” constitution).

Additionally, NO judges here in Maine are commissioned (Article 9, Section 3) which “vests” the office, a public office, and provides him or her with a title. They have “certifcates” only of which the constitution says nothing about. Remember that a commission is under “seal” of the state, and a certificate is not.

Furthermore, in the same article as above-mentioned, LePage says that the attorney general operates as a 4th branch of government.

For your information, there are ONLY 2 branches, and they are both located in the legislature – Senate and the House (see Article 4, Part 1st, Section 1 of the original constitution).

By that unlawful 1855 resolve the attorney general office was “stolen” from the Executive department and given to themselves.

All fraud and treason against the people.

LePage also says according to the article that the AG’s office has “veto” power over the governor even though he is the chief executive officer of the state.

Remember that the legislature NOW has control over the AG unlawfully since the 1855 fraudulent resolve so, in reality, LePage is actually “fighting” the legislature who controls Janet Mills.

The said article continues to say that State Senator Andre Cushing (R- Hampden) has already proposed a bill for the election of the attorney general, state treasurer, and the secretary of state.

All unlawful, of course.

Lastly, I don’t think the legislature will do this since the legislature is involved in all three as above-noted. The legislature has become the “omnipotent,” (God-like) bandit, tyrannical department over time.

If anyone supports LePage in this, then those people are participating with him in becoming a criminal.

Neither the legislature nor the governor can be criminals, and if the constitution (original) does NOT allow such activity, then it cannot be done lawfully.

LePage needs to understand the constitution (original), the 1855 fraudulent resolve which “stole” the attorney general from the Executive department and gave it to the criminal legislature, and the 1975 resolve that “stole” the Executive Council from the Executive department and gave the powers to the Legislative Council instead.

What he is proposing is criminal behavior.

Those who support him in this endeavor and criminal behavior are criminals themselves.

Without the Executive Council the governor cannot lawfully conduct business of the state.

Suggestion: Study the original Constitution of the State of Maine to see what is allowed lawfully and what is not allowed lawfully. Study also the fraudulent amendments passed unlawfully over time as well as fraudulent statutes. Remember that statutes cannot supersede the constitution.”

Thank you!

Lise

Thank you, Lise, for this insight. The PPH reports that Governor LePage told reporters that “his proposal is still in development.” It sounds like he’s educating himself on the (original) constitution of Maine (1820).  Since he “wants to get it right”, he will read the 1855 Resolve and the 1975 Public Law.

Attorney General Janet Mills has been at odds with the governor on a few cases arguing they had “little legal merit” and violated a provision of the federal law. Mills states “she also has an obligation to stand up for what she believes is the public’s interest – even if that means going against the administration. I represent the state, not the individual who happens to be the chief executive.” She “doesn’t mind an occasional spat” with the governor. “I love the law. I love litigation.” This Notice and Demand contradicts her statements. This is a matter of public trust and public interest. Yet, Janet Mills took no interest in this issue!  Who’s violating the law?

Governor LePage  “could have at least one ally: state Sen. Andre Cushing, R-Hampden, has already proposed a bill for the popular election of attorney general, treasurer and secretary of state.” Doesn’t this speak volumes about the knowledge (or lack thereof) of Maine legislators? And reporters who can’t ask the right questions and report on the truth of the matter?

There’s plenty of learning for everyone here…if we “want to get it right.” Governor LePage could make a public announcement on the nullification/voiding of the fraudulent 1855 Resolve and the 1975 Public Law, restore our original constitution, and “make it right.” Will our legislators object to the truth? If so, the conclusion is quite clear!

Related: The Destruction of the Governors Executive Council and the Fraudulent Evolution of Maine’s Legislative Council, click here.

Former Maine Attorney General Jim Tierney Should Have Been As Concerned About Mainers When He Was A.G.

View: Most Revealing Video

Also view: The Quigley Formula

BDN reports ” Former Maine Attorney General James Tierney told a Portland audience Tuesday evening that the state’s economy will depend on its ability to attract — and accommodate — newcomers from foreign countries.

“We are so old that we have got to attract people to come to Maine from someplace else. I don’t care what color they are, I just want them to come here,” Tierney said. “We’re not talking about affirmative action, we’re not talking about doing people favors. We’re talking about doing ourselves a favor if we can figure out this diversity issue.”

Tierney joined Eva Millona, a former Albanian judge and executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition, as keynote speakers in a panel discussion about economic growth and immigration.

The talk was the first in a series of five such public discussions scheduled for Portland through June, and comes against a backdrop of an ongoing dispute between city officials and Gov. Paul LePage over the distribution of aid money to undocumented immigrants…. immigrants are 30 percent more likely to start their own businesses than native-born U.S. citizens.

“If immigrants succeed, we all benefit,” said opening speaker Tim Honey, president of the World Affairs Council of Maine.  “If immigrants don’t, we all pay the price.”

Tierney said that Maine’s aging population represents an economic crisis, and the state’s only chance to avoid economic ruin will be to welcome immigrants to replenish its population. “We are no longer a state with people looking for jobs, we’re a state with jobs looking for people,” Tierney said. “We have jobs in this state, which we’re losing because we do not have people to fill them.”

The former attorney general said Mainers must reject the “politics of fear” and embrace programs that create opportunities for immigrants.”

Read more HERE.

“If immigrants succeed, we all benefit.” “If immigrants don’t, we all pay the price.”

Hard working Mainers have “paid the price” through the “theft” of their small businesses and loss of livelihood through the failure of accountability within the State of Maine. Can we do “ourselves a favor” and put Mainers first….let’s start with accountability and restitution of the losses of livelihoods!! Then, perhaps, people will have trust that their hard work will not be “ripped out” from under them, decide to stay in Maine and start their small businesses. Brushing crimes “under the rug” does not move Maine forward…wake up!

Isn’t it high time that our elected officials listen to some real problems facing Maine’s economy? They can only learn by speaking with the people who have been “tossed out” of their system, rather than those who “control” their system.

World Affairs Council of Maine
Board of Directors, click here.
Maine International Resource Directory, click here.

Council on Foreign Relations (CFR) – Mission, click here.
CFR Membership Roster, click here.

Related: Police brutality during the tenure of A.G. Jim Tierney – Maine Exposed EPISODE 45, listen here.

Journalists Challenging Judge Jeffrey Moskowitz’s Order…The Egg Has Cracked

WCSH6TV reports “Some local news outlets, including NEWS CENTER, are challenging a local judge on an order he issued in court Monday.

NEWS CENTER’s attorneys agree that this order is unconstitutional, and therefore, we are going to report the complete series of events that took place in court.

Anthony Sineni, who is a well-known lawyer, pleaded guilty to two misdemeanor charges that stemmed from a domestic incident involving Sineni’s former girlfriend and the mother of his children. She was the only witness who testified in court. She spoke at length about the abuse she allegedly suffered at the hands of Sineni. She described the violence in detail and said that Sineni had told her children not report the abuse to police.

When Judge Moskowitz called Sineni’s case, he addressed the three members of the media in the room, which included a reporter and a photographer from WCSH-TV, and instructed them not to record any of the testimony given by witnesses. That’s a request often made by judges and NEWS CENTER generally complies with it. Moskowitz then further instructed the press not to report any of the witness testimony. When the Portland Press Herald’s reporter was asked for time to call his lawyer, the judge refused and proceeded with the case.

NEWS CENTER has hired First Amendment attorney Jonathan Piper to assist us in handling this matter. He said he was shocked to learn that there was an order telling the press what they could report in an open court proceeding.

“This is one of those unfortunate instances where a judge has made a decision that they probably wish they hadn’t made, and the media, not just locally but nationally, is going to link arms and make sure that decisions like this don’t happen” Piper said. He also emphasized the importance of Freedom of the Press in the courtroom.

“Courts impose sentences. They put people in jail. They fine them. And if we don’t know the reasons why courts do what they do, we are all in trouble,” he said.

NEWS CENTER is also filing a formal complaint with the court, and we received a phone call from the court Tuesday afternoon saying the judge is calling a hearing Wednesday to “clear things up.” NEWS CENTER will attend the hearing and will report the proceedings.”

To view NEWS CENTER report and read more, click here.

BDN reports “The unprecedented oral order, issued by Judge Jeffrey Moskowitz, drew criticism Tuesday from First Amendment advocates.

“This order is a major strike to the First Amendment and the public’s right to know about its court system and those accused of crimes,” Justin Silverman, executive director of the New England First Amendment Coalition in Westborough, Massachusetts, said Tuesday in an email. “It is pre-publication censorship and almost certainly an unconstitutional prior restraint. It is disappointing that a judge of this stature would disregard such fundamental First Amendment protections.”

The gag order was announced at a hearing where Anthony J. Sineni II, 52, of Standish, a criminal defense lawyer in southern Maine, was convicted on one count each of assault and disorderly conduct, both misdemeanors. The plea agreement was a result of negotiations with the Maine attorney general’s office, which prosecuted the case, Sineni’s attorney, Christopher Largay of Bangor, said Tuesday.

In exchange for Sineni’s plea, a misdemeanor count of domestic violence assault, three counts of witness tampering and one count of possession of a stolen gun or guns were dismissed, all of which are felonies, Largay said.

Moskowitz scheduled the unusual hearing for 11 a.m. Wednesday, according to Mary Ann Lynch, spokeswoman for the Maine court system.”

Read more HERE.

Related:  Judge Jeffrey Moskowitz To Serve As Deputy Chief Judge Of The Maine District Courts, click here.

Lewiston Mayor Robert Macdonald Blasted The Maine Attorney General’s Office For Doing “absolutely nothing” About A Fraudulent Charter School Application

Sun Journal reports “During a morning news conference at City Hall, Macdonald said he has sent three letters to the AG’s Office since March 10 “requesting they look at it and prosecute. I never heard from them,” Macdonald said.

“We’re not going to sit here and sweep this under the carpet,” the mayor said. “I’m not going to stand by and get treated like this; the city of Lewiston is not going to get treated like this.”

If the school had been approved, Lewiston would have lost a significant amount of money from its state portion of public school funding. “It’s about time they do their job and get on the case,” Macdonald said.

Read more HERE.

This is another layer on the onion of official corruption!

Related: 

Notice and Demand to A.G. Janet Mills,which was brushed under the rug. Click here.

Biddeford City Counselor Bob Mills and HUD Behind The Curtain, click here.

Legal Notice in the Kennebec Journal, click here.

Public Exposure Moves Maine’s Attorney General Janet Mills, click here.

Published in: on November 17, 2014 at 11:28 pm  Leave a Comment  
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