Tag Archives: Kansas

RE: The US Senate Race in Kansas

“Independent” Greg Orman, who has so many Democrat Party operative working on his campaign one expects to see Nancy Pelosi’s name on his campaign headquarters door, has stated that he will caucus with whatever party presents the best ideas.

Mr. Orman’s campaign website states:

“If Greg is elected, there’s a reasonable chance that neither party would have a majority in the US Senate. If that is the case, he will work with the other independent Senators to caucus with the party that is most willing to face our country’s difficult problems head on and advance our problem-solving, non-partisan agenda.”

Therein lays the problem, and a perfect example of: a) how constitutionally illiterate our political class has become; b) how constitutionally illiterate our citizenry has become; and c) why the 17th Amendment is the most damaging action ever executed by the Progressive Left throughout US history.

When the Progressives of the early 20th Century marshaled through the 17th Amendment, they did a great damage to the symbiotic set of checks and balanced that achieved protections for both the individual and the individual states, where the power of the federal government was concerned. Under the guise of putting more control of government into the hands of the people, the Progressives, under Woodrow Wilson, literally destroyed the check and balance that protected state sovereignty and, through that erosion, the sovereignty of the individual.

At its inception, the US Constitution mandated, in Article I, Section 3, that:

“The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote…”

The appointment of senators by the state legislators thwarted political faction on the floor of the US Senate. With each senator held accountable by their respective state legislatures for their votes, alliances and actions, the onus for political survival for the senatorial class was devotion to the well-being of their home states. The political ideology or factional allegiance of the senator was irrelevant for the most part. If a senator chose political party over the needs of his home state, the state legislature could – and would – simply recall him through an act the State House, replacing the senator with someone who held allegiance to his home state – and the constitution of that home state – above national political faction.

Understanding this original intent that the Framers built into the Constitution, the idea of Obamacare, or suffocating national debt, or an aggressive IRS, EPA or NSA, would never have come to be. The unfunded mandates of Obamacare would have seen the 54 senators from the 27 states that refused to establish ACA health insurance exchanges – and most likely more from states that did – voting against the bill in its infancy because the legislation harms the well-being of the individual states and usurps the authority of most every state’s constitution. So too, the national debt would never have been allowed to accumulate because it passes down to the citizens of individual states. The IRS would be little more than a gaggle of accountants, the EPA would not exist and the NSA wouldn’t be allowed to operate on US soil, if at all.

Simply put, there would be no party politics in the US Senate. It would be an assembly of representatives of each state’s government, tasked specifically and exclusively with the protection of the home state and her constitution. The passage of the 17th Amendment killed that protection and facilitated political faction on a national level to metastasize in the US Senate, something Pres. George Washington warned vehemently about in his Farewell Address.

The 17th Amendment mandates:

“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote…”

By tricking – and that’s exactly what the Progressives did – the populace into thinking the popular election of their senators gave them more power over government, it literally established the opposite; delivering great power to national political parties and the federal government, while extinguishing an essential check and balance over said political parties and the federal government. The 17th Amendment took power away from the people and the states, and delivered it to the political parties and the federal government.

So, why is the Senatorial Election in Kansas a perfect example of constitutional illiteracy and Progressive manipulation? Would the 17th Amendment have not been passed Mr. Orman wouldn’t need – or aspire – to caucus with any political faction or party. He would, instead, be carrying out the will of the Kansas State Legislature and, through them, the will of the people of his state. There would be no need – or desire – to “caucus” with those of any particular political “flavor” because the well-being of each state is dictated by the needs of each state and her people, not the leaders of any political party.

To wit, imagine that the 17th Amendment had never passed, or that a smart-thinking Congress repealed it. No longer would we see any – any – legislative gridlock; no longer would we amass unrepayable debt; no longer would we see hyper-partisan or ideological pieces of legislation rammed down our throats; no longer would the American people – and her government – be held hostage to politics…no long would the American people be held hostage to politics.

Still think Progressives are on the side of the people? Yeah, neither do I…I haven’t for a very, very long time.

Kansas Supreme Court Crushes Hopes for Justice

Foreshadowed on Twitter 11 Months Prior, Life Legal Defense Foundation Appalled by Legal Travesty

Kansas_Supreme_CourtKANSAS CITY, Kan., Oct. 18, 2013 /Christian Newswire/ — The Kansas Supreme Court has handed down its decision in in the matter of Phillip D. Kline, the disciplinary action against former State Attorney General Phill Kline. In its decision issued today, the Court continued in its course of political pandering and decided against Mr. Kline, who was found to have been in violation of the Kansas Rules of Professional Conduct.

“What began as a political lynching has ended with a further travesty of justice,” says Dana Cody, President and Executive Director of the Life Legal Defense Foundation. “This case had nothing to do with the fair application of the Rules of Professional Conduct and everything to do with being politically correct on the issue of abortion. It is disappointing that the Kansas Supreme Court is more interested in political appeasement than the pursuit of justice.”

The charges of professional misconduct sprang from Kline’s investigation of several prominent abortion providers during his tenure as chief prosecutor at both the state and county levels.

As Cody sees it, this case represents business as usual in the abortion industry: “Pro-abortion forces are considered above the law — including putting women and children in danger.” She points to recent cases such as Dr. Kermit Gosnell’s house of horrors, the dangerous clinics in Birmingham, Alabama and Jackson, Mississippi, and the utter lack of care for safety in clinics from Texas, to Illinois, to Delaware. “This is the true nature of the abortion industry, and we desperately need more prosecutors with the courage to stand up and enforce the law,” Cody says, and adds that “The person responsible for initiating the campaign of harassment against Mr. Kline is now in our nation’s capital as the Secretary of Health and Human Services. Shame on this Court and shame on Kathleen Sebelius.”

Ironically, today’s decision was foreshadowed when an irreverent legal clerk in the Kansas Supreme Court was tweeting inside information from the Kansas State Supreme Court courtroom during Kline’s November 2012 hearing, implying that the “fix is in” in the case against Kline. Cody asks, “What can Phill Kline do now? Can you imagine having to go back before this court to reinstate your law license? At least today’s decision was not announced by a law clerk’s tweet.” Copies of suspended court clerk Sarah Peterson Herr’s tweets from the courtroom during Phill Kline’s hearing have been posted here.

Today’s decision from the Kansas Supreme Court is posted here.

Background on the case is available here.

Phill Kline earned national attention when, as Attorney General of Kansas, he investigated and charged abortion providers in his state for their failure to report suspected child sex abuse. Although his actions were closely scrutinized, and the existence of probable cause was confirmed at every step in the process, Kline was subjected to years of opprobrium and character assassination led by political enemies within the Kansas Government.

While Kline served as district attorney in 2007, a district judge reviewed Kline’s evidence and found probable cause to believe that Planned Parenthood committed 107 criminal acts, including falsifying abortion records to cover up illegal late-term abortions. Kline filed charges against Planned Parenthood the next day. Kline’s dogged investigation and prosecution of Planned Parenthood for these illegal acts and for its cover-up of the statutory rape of young girls contributed to the abortion giant being defunded by some states and local governments, and even endangered its receipt of federal funding.

Though no longer serving in public office in the state of Kansas, Kline’s enemies have not been content to let him go quietly on with his life. Over the past six years they have repeatedly claimed that he violated the Kansas Rules of Professional Conduct. Last year, a panel of the Kansas Disciplinary Administrator made findings that Kline breached the Rules of Professional Conduct in ten instances. The panel recommended indefinite suspension of Kline’s license to practice law in the State of Kansas. Note that the Disciplinary Panel served at the discretion of the Kansas Supreme Court, which consisted largely of appointees of pro-abortion Governor Kathleen Sebelius.

Kline and his attorneys, supported by LLDF, stated the ethics complaint was politically motivated and Kline filed exceptions to the claims. Kline’s filings forced five of the seven Supreme Court justices to recuse themselves from Kline’s case, which was argued before a reconstituted court in November 2012. During the hearing held at the Supreme Court, a law clerk working with the Kansas Court of Appeals publicly tweeted derogatory comments about Kline and predicted that Kline would lose his law license. The attorney has since been fired and the Court announced that it would investigate its attorney staff for unprofessional conduct and bias. That investigation is still pending.

The criminal charges against Planned Parenthood were dismissed after it was learned that the administration of then-Governor Kathleen Sebelius destroyed records under criminal subpoena implicating Planned Parenthood of criminal conduct. The Sebelius Administration was never investigated for its conduct.

Kansas Gov. Signs Measure Blocking Foreign Law

Muslim groups are in a frenzy over the measure signed by Kansas Governor Sam Brownback which is meant to stop the state’s courts and government agencies from making decisions based on foreign legal codes. Even though Islamic Sharia Law would most likely fall under the definition of the measure, it is not specifically aimed at it. It instead states that no rulings from administrative agencies or state tribunals can be based on any legal system or foreign law that contradicts the rights of states and the U.S. Constitution.

“This bill should provide protection for Kansas citizens from the application of foreign laws,” said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. “The bill does not read, in any way, to be discriminatory against any religion.” According to the Associated Press. However,  the alliance website does state that it wants to protect Americans’ freedoms from foreign laws and legal doctrines, “especially Islamic Shariah Law.”

Muslims organizations including the Washington-based Council on American-Islamic Relations (CAIR) claim they will most likely challenge the law in court because supporters of the law often speak concern about Sharia law specifically. They argue the law could cause discrimination. “If he claims it has nothing to do with Shariah or Islamic law or Muslims, then he wasn’t paying attention.” CAIR spokesman Ibrahim Hooper said of Governor Brownback.

Although there are no known cases of Kansas courts deferring to Sharia law, it would appear they don’t want it to become an issue.  There is a pending case were a man is attempting to divorce his wife and seeing the property be divided in accordance with Sharia law.

House Substitute for SENATE BILL No. 79 will take effect July 1st.

 

 

 

Former AG Shredded Evidence, 58 Criminal Counts Proceed Against Planned Parenthood

Olathe, Kansas, Nov. 9, 2011  — District Attorney Steve Howe asked today that 23 felonies and 26 misdemeanors against Planned Parenthood of Kansas and Mid-Missouri be dismissed because evidence that could have supported the charges of manufacturing evidence had been destroyed. However 58 criminal charges related to failure to determine viability and unlawful late-term abortion will move forward.

Howe explained to Judge Stephen Tatum that former Attorney General Steve Six had destroyed the copies of Termination of Pregnancy (TOP) forms obtained through subpoena under former Attorney General Phill Kline. The destruction took place after Kline had filed the charges and while the case was under appeal. Howe indicated that the destruction of the evidence by Six “may have violated their own retention policy.”

Last month, Howe stunned pro-life supporters when he told Judge Tatum that the original TOP forms submitted by Planned Parenthood to the Kansas Department of Health and Environment (KDHE) had been destroyed in 2005 “for reasons still unclear.”

The forms were critical evidence since a copy of the forms were supposed to be maintained in the patient files. However, when Kline received the patient files after three years of legal wrangling, it was discovered that the forms submitted to KDHE and the forms in the patient records did not match. Judge Richard Anderson had the forms analyzed by police handwriting evidence and determined that the forms in the patient filed had been manufactured. (View copies of one set of these forms.)

Operation Rescue received documents via an open records request that shows on August 10, 2005, Planned Parenthood’s Sheila Kostas made an e-mail request for information on all the TOP forms submitted by their organization for the years 2000-2004. The Kansas Supreme Court was set to hear oral arguments just a few weeks later on September 5, 2005, concerning weather Planned Parenthood and abortionist George Tiller would have to comply with subpoenas for patient records. (Note: On September 2, 2005, Operation Rescue documented the shredding a huge number of documents in the parking lot of Tiller’s Wichita abortion clinic.)

The records show that KDHE’s Greg Crawford complied with Kosta’s request the following day. Information supplied by Crawford could have easily been used by Planned Parenthood to fill out bogus TOP forms and insert them into the patient files to cover up for the fact that they had not maintained the records as required by law.

Without the original forms or the copies obtained by Kline, Howe told the court that he was left with an incomplete set of copies and cannot establish a chain of custody for them, making the legal hurdles in continuing the prosecution of the felony charges “insurmountable.”

Howe did express that he is proceeding on the remaining 58 criminal counts. The next hearing in the case was set for February 22, 2012.

“Steve Six must be held accountable for this destruction of evidence and obstruction of justice,” said Operation rescue President Troy Newman, who was present at the hearing. “What we have is a conspiracy to destroy evidence in order to protect Planned Parenthood. The more we learn, the more apparent it becomes that former Gov. Kathleen Sebelius is at the heart of this political corruption. She appointed Six and controlled him and the KDHE under her administration. We must have an aggressive investigation of this scandal.”

Later today, Attorney General Derek Schmidt, who defeated Six in his 2010 bid for re-election, asked the Shawnee County Sheriff’s Office to conduct an full and independent investigation into the destruction of evidence against Planned Parenthood.

“We hope this investigation will be done impartially and without the political bias that tainted the Sebelius administration,” said Newman. “While we are disappointed and troubled that the felony charges cannot proceed, we are pleased that 58 very serious counts related to illegal late-term abortions are moving forward. There is still some hope that a small measure of justice can still be achieved.”