Maine Governor Paul LePage Makes Bid To Let Governor Pick Attorney General, Treasurer

BDN reports “Gov. Paul LePage has made good on his pledge to propose fundamental changes in the way the state’s constitutional officers — the attorney general, treasurer and secretary of state — are selected.

It’s a real power grab, says House Majority Leader Jeff McCabe, a Democrat from Skowhegan. “This isn’t the governor proposing to change these positions from, you know, legislative vote to popular vote,” McCabe said. “This is the governor taking on offices that are statewide offices and putting them under his appointment structure and making them part of his Cabinet.”

Senate President Mike Thibodeau, a Republican from Winterport, said the three proposals should not be partisan and should be considered on the basis of what is best for the state in the future. He expects the bills will be sent to the State and Local Government Committee for public hearings.” Read more HERE.

COMMENTARY –

Courtesy of Lise from Maine

Originally, the Attorney General was nominated and appointed by the governor with the advise and consent of the Council (see Art. 5, Section 8 of the “original” Constitution of the State of Maine) and operated under the control of the Executive department. The Council was unlawfully abolished in 1976.

The tyrannical legislature proposed an amendment in 1855 to bring the Attorney General under the control of the legislature, and it was unlawfully passed by the electors. In other words, the tyrannical legislature “stole” the ability of the governor with his council to select their own “field” person.

Remember, it is the governor who executes the laws (see Art. 5, Sec. 12) and originally the Attorney General was a “commissioned” officer who went into the “terrain” called counties and attended all court sessions to make sure that the laws were faithfully executed for the governor and represented the State if the State was a party to a cause. The AG also instructed the County Attorney if the county was a party to a cause. County Attorneys were unlawfully abolished in 1973.

Today, the Attorney General operates unlawfully from the Department of the Attorney General (see Title 5, MRS, Chap. 9, Sec. 191). There is NO such thing as a Department of the Attorney General related to the constitution. The AG is also mentioned in Article IX, Section 11 of the “statutory” constitution.

In Title 5, MRS, Chap. 5, Sec. 81 the Secretary of State operates unlawfully from the Department of the Secretary of State of which again there is NO such thing as that department as it relates to the constitution. In the “statutory codified” constitution of 2013 it mentions the Secretary of State in Article V, Executive Power, Part Second. This is a “contradiction” pertaining to the Department of the Secretary of State who acts “independently” in it and having the Secretary located in the Executive Department. It defies common sense.

The Treasurer of State is mentioned in Title 5, MRS, Chap. 7, Sec. 121 and in Article V, Part Third of the said constitution.

All three (3) public officers belong in the Executive Department. Not so today except the Treasurer.

What is Title 5, MRS? It is Administrative Procedures and Services. What does this show? That the “state” is actually an “administrative” state ONLY; it is a “statutory” state ONLY. It is NOT a constitutional state at all.

In Article III of the constitution it mentions ONLY three (3) departments: Executive, Legislative and the Judicial. Where is the Department of the Attorney General mentioned? Where is the Department of Secretary of State mentioned?

They don’t exist anywhere in the constitution, and it is fraud and treason.

No one can abolish the office of the Secretary of State and replace the said office with a lieutenant governor. This is another piece of fraud and treason. LePage would commit fraud and treason if he proposed this.

I believe that House Majority leader Jeff McCabe is off the wall. This is NOT a power  grab as all three (3) public officers are supposed to operate from the Executive department to begin with.

Senate President Mike Thibodeau states: “The three proposals should not be partisan and should be considered on the basis of what is best for the state in the future (emphasis is mine).” Is this guy for real? Is he off the wall, too? Of course, he is. Why is that? It should NEVER be “what is best for the state…” Instead it should be “what is best for the people.”

Lastly, why is LePage attending a republican governor’s association meeting in another state? Each State is supposed to be free and independent but that is not the case today.

Related: Talkshoe Radio – Office of the Attorney General and the 1855 Amendment, click here.

Where Did The Original Constitutional State Go? by Maine Author Lise Dupont. Click here.

Published in: on May 21, 2015 at 9:16 am  Leave a Comment  

Talkshoe Radio – Maine State Bar Association…100 Years of Law & Justice (1891-1991) (Part 2)

Wednesday, March 18, 2015
9:00 PM EDT

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

Click here to join in online.

Part 2 – Archived program, EPISODE 57, click here.

Part 1 – Archived program, EPISODE 56, click here.

*Note: The Maine Supreme Court issued their opinion in the Question of Law presented to the court by Gov. LePage….We started the program with the opinion and didn’t get into the 100 Years of Law and Justice which ties in to the opinion. We will continue part 2 next week.

OPINION OF THE JUSTICES

100 Years of Law & Justice (1891-1991),  click here.

1891 Act Incorporating Maine State Bar Association, click here.

Talkshoe Radio – Maine State Bar Association…100 Years of Law & Justice (1891-1991)

Wednesday, March 11, 2015
9:00 PM EDT

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

Archived program, EPISODE 56, click here.

*Note: The Maine Supreme Court issued their opinion in the Question of Law presented to the court by Gov. LePage….We started the program with the opinion and didn’t get into the 100 Years of Law and Justice which ties in to the opinion. We will continue part 2 next week.

OPINION OF THE JUSTICES

Click here to join in online.

100 Years of Law & Justice (1891-1991),  click here.

1891 Act Incorporating Maine State Bar Association, click here.

When Maine Leads The Nation

Courtesy of For The People

“Child pornography is, unfortunately, quite an active past time for MANY governmental leaders and officials. So much so, that our illustrious governor, Paul LePage, felt the need to issue an executive order on February 20, 2015, prohibiting Maine state employees from accessing pornographic or sexually explicit material on both state computers or devices even when they were off-duty on personal time.

This executive order is the first of its kind in the USA. It is a very sad state of affairs when a governor of a state has to pass an order to his state workers directing them that they can’t use state property to watch (and thus participating in) the abuse of children! Not only are our state employees corrupt, but they are also so sick minded, that an official order must be given to protect our children from the very people who are supposed to be protecting them in the first place!

And the reason for Governor LePage’s executive order shows further the corruption in the offices of Maine’s state officials. He has been waging a public battle with Maine’s AG, Janet Mills (D). Our state is the only state in the country where the attorney general is neither elected by the general population nor appointed by the governor. Here, the AG is elected, solely, by the state representatives. This is a huge problem in that it enables and protects massive state-level corruption among state legislatures who are protected against prosecution for their crimes under “prosecutorial discretion” by the AG they elected to office.”  Read more HERE.

 

This begs the question “where is accountability?” No official will address this issue! They are concerned with their “political career.” It is time for 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 attorneys. The Governor can issue all the executive orders he wants, nothing will change without accountability…they are quick to prosecute, persecute innocent victims, but continue to shield their own.

Are you comfortable paying the salaries of these state employees? Would you get away with this at your place of employment?

The original Constitution of the State of Maine (1820) 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, the Sheriffs, Coroners, Registers of Probate and Notaries Public……….” Read more HERE, and listen HERE.

Listen to interview with Rep. Rick Long, click here.

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

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

OPINION OF THE JUSTICES

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.

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