164 votes

Thread Summary: Recall Senator John McCain

Let it start.

The DailyPaul is due something like this.

Let it begin right here.

How about it Arizona... the timing couldn't be more PERFECT! He's just been publicly rebuked by his own party.
-----------------------------
SUMMARY OF FINDINGS 09/16/2013
► What I need are some PMs from Phoenix/Tucson/Flagstaff Paulers... contacts please.
Cheers,
G.

LET IT BEGINNNNNNNNNN!!!!!!!!!!!!!!!!!!!!

--------------Thread Summary------------

This thread was birthed Thursday... not quite 4 days ago!
A LOT has been learned by DIGGING, Phone calling and emailing.
Much THANKS to DP moderators for keeping it front paged pinned.

The Short Answer is YES.. John McCain CAN be recalled.

What We Know (now):

1. In the HISTORY of the United States it's never been done...
recalling a Federal Senator or Congressperson by the People of the State who elected them to office.

2. The ONLY U.S. Constitutional provision is for the Congress itself (or their own party)
to remove them with a 2/3 vote... an impeachment process.

3. RobHino surfaced up 2 excellent links that cover it in depth.
Great Reading and includes case histories and court opinions.
Senate.gov (click Recall of Legislative and Removal of Members of Congress)
Heritage.org - Can U.S. Senators Be Recalled?

4. Would a Recall fall under a 10th Amendment 'reserved power' to the States?
Not in the opinion of the Courts (see above links).

5. Is recall specifically PROHIBITED by the U.S. Constitution?
No, it is silent. Rather, the process for removal is outlined in the U.S. Constitution and the Courts have historically interpreted this to be the vehicle.
(see links above)

Voluntary Contract / Contract Law

6. Each State has variations of Basic Contract Law
Real Estate 'Contracts' for example vary from State to State...
but all have the essential elements for establishing a valid enforceable contract.

7. The People of Arizona through their State Government has established by Statutory Law a VOLUNTARY CONTRACT (not 'required') by which each candidate, both Federal and State Candidates, may sign (or not sign,) that DECLARES to the People of Arizona whether (or not) they will abide by and comply with the decision of a RECALL ELECTION and resign their office. This happens BEFORE the primaries, the contracts are FILED with the Secretary of State, and remain in effect for the length of their term of office.

HERE ARE THE LINKS:
Arizona Law: title 19 statues (all)
Arizona Statute 19: 221 Statement(s)
Arizona Statute 19: 222 Pledge
Sample Pledge document
McCain Pledged in 2010 Election (filing)
McCain Pledged (also) in 2004 (news release)

8. Can a person 'give up' their Constitutional 'Rights' or 'Protections' Voluntarily?
Yes. It happens every day. Consider the 'rights' given up by enlisted soldiers.

One of the ESSENTIAL keys, recognized by the courts, is that it be VOLUNTARY.. without fraud or coercement.

9. Can John McCain be recalled from office by the People of Arizona?
Yes. He most certainly can if a recall election is held after the required number of signatures are filed with the State petitioning that a recall election be held.

10. In Conclusion... to this point in the efforts of this thread, concerning an Arizona Recall Election of John McCain...
(Note: there were 1,702,326 votes cast in the 2010 Arizona Senate Race.)

there is only 1 critical threshold:

(1.) The Filing of (approx) 425,582 valid Arizona voter signatures (which is equal to 25% of the number of votes cast in the Senate race of 2010.) HERE and HERE

What Happens when that is achieved?

A recall election is automatic and his name is placed on the recall election ballot (along with a self composed 200 word 'explanation' of WHY it's unfair... his excuses... can't wait to see THAT. :)

Below his name will be a list of qualified nominees to FINISH HIS TERM.

What makes a NOMINEE eligible? 2% of Total Voters for the Office or (approx.) 34,047 signatures on a nominee petition. HERE

So that's it folks.
ALL that separates us from making this a reality....
is 425,582 disgruntled signatures.

►RobHino has secured a website for a Recall effort (thanks Rob!)
www.FireJohnMcCain.com
and has put up a 'hold' page pending developers collaborating.

►An existing Committee (or one created) must initiate the recall
with the Secretary of State. HERE is the handbook. (thanks Mark Vette!)



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The Zionist NSA...

Hacked him into office!

Great question Mark

I hope John can find it in his heart to share with us. Some first hand knowledge would be great! I am off to bed thank you for your hard work today!

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Right on!

It's a throwback to my Dad's tutelage. He always drilled, "How do you expect to learn if you don't ask questions? Especially from those who know!"
I hope he does, too. We need every advantage if we're going to win this.

Thanks my Brother. Truth is, I really didn't put that much effort in, yet ... but I appreciate the kind words.

Goodnight, JR. See ya tomorrow.

"Trust, but verify"
"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same."
- Ronald Reagan

thanks for your input...

Spoken like someone who cares... cares enough to have gone into the trenches.. petitions in hand.. attending strategy meetings.. giving heart and soul to something you believed HARD in.
Thank you fellow patriot.. take a rest now.. and thanks for tempering your advice with well wishing and your blessing.

I will say nothing to 'soften' your warnings.

What I will say... is that I am INDEED waiting to 'hear' this week on serious funding from serious battle hardened and politically savvy people all the way into DC... as you might expect.

NO ONE expects to go into this big of a war zone... armed with a slingshot.

Don't worry. Rest up and THANK you... you have every good and well intention. I know you do.

We'll be careful.

Cheers,
G.

Your advice and wisdom are very sound

We realize that it has only been successful once before against a high office in Arizona. But there are a lot of positive factors with timing right now that very well could prove a huge point to not only Az but the whole of Congress.

The biggest positive factor is that right now the extreme dislike for him is Bipartisan. The left will jump at the chance to get him out of office just because he has an R after his title. They will be the determining factor in numbers.

The GOP is just as pissed and are already concerting efforts to Rebuke him in many districts. I feel confident this will greatly affect the actions of Gov Brewer because she would feel she is next. I think she will tread lightly as soon as this looks credible.

We have to remember that this is not just an Arizona issue. The whole Country would be backing this with everything they can do to help. You can bet that just as soon as a recall effort is official it will only take a couple Tweets on Twitter to have National Contributions rolling in like crazy.

I'll bet no more than 2% of Az is backing McCain right now. This 2% are the corporate lobbyists and will have no one to buy in this. It is not an election so there will really be nowhere for them to spend their money except maybe commercials. Right now folks turn off the TV when it supports McCain in anyway at all.

The most important thing to point out is that one time Ron Paul supporters were told it would never happen. They did not listen and came just shy of getting him elected president. They may have lost the office but the statement made is still ringing louder everyday and starting to become the message that is turning this Country as we speak. They won a battle but we are winning the war.

In the end, the money, time and heartache has actually been very well worth the efforts everyone has put forth, The Country is waking up in the right direction because of it. So you are right the odds are very much against this effort but know what? It needs to be tried, The whole thing needs to be chipped at over and over until they hear the people. It is a bet I would gladly lose if it makes a difference.

J.R.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

An aggressive series of

An aggressive series of recall campaigns is the right prescription for what ails America at this moment, but how is the ultimate goal of Term Limits going to be achieved?

McCain recall

I will second it and sign the petition LETS GET IT GOING

Right on Dan!

We need all the help we can get! If you ever feel you might have time to help with the physical work please just contact the OP though the DP. Thanks!

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

McCain Recall

I do not think the state of AZ has the freedom (as no other state does) to recall a worthless senator like McCain--or a bad congressman either.

Once a member of the national legislature is seated, I think the only options for his removal are resignation or expulsion by the US House or US Senate, with 2/3 voting to expel.

The two from Colorado were both STATE senators, and only state law applies. Not so with FEDERAL legislators.

https://en.wikipedia.org/wiki/U.S._Term_Limits,_Inc._v._Thor...
https://en.wikipedia.org/wiki/Powell_v._McCormack

Except?

He signed a prenup! He is now bound by contract law!:

Submitted by Mark Vette on Sat, 09/14/2013 - 08:36. Permalink

You mean we're going ahead, right?
Says here McCain pledged he would resign if recalled

http://www.azsos.gov/releases/2010/pressrelease37.htm

... So, let's recall him!
WooHooo!

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Boom!

got to love it. however, I doubt he would honor it.

You have a good point

But I'm thinking if it came down to that even his crime partners in the Senate would vote to make him resign. He would be a hot potato legally that they probably wouldn't want to rub shoulders with at all?

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

actually your right... IT IS A CONTRACT.

It is a contract.. contract law applies.

That's why the State of Arizona, by statutory law, puts it before EVERY Candidate BEFORE the primaries begin..

In that way... if they DON'T sign
or declare that they will not comply,
THEN
it can become an ISSUE DURING their campaign that competing campaigns can draw the public attention to it and HAMMER them with it...
State and Federal candidates alike.

So.. having signed the contract with the People and Government of Arizona.. then breaching it... it would be nothing less than Fraud... a crime which they can be subpoenaed and tried against.

He will have literally DEFRAUDED the people of Arizona to gain their confidence to acquire their financial support, their votes and goodwill...
and would be therefore be LIBEL criminally as well as civilly
and would probably face a massive class action as well.

Good luck with that.

Yep! and...

I have seen very few judgements against a signed contract in my lifetime. My wife and I even won full custody of our 3 year old niece because the mother signed a notarized hand written document giving us the child and then changed her mind. The judge simply asked her "Did you sign this?" and it was over.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Where would Ron Paul

have gone had there been term limits? The problem isn't the politicians, the problem is a brainwashed public.

The recall shows that the public is learning that it has the power over the politicians.

Ron Paul would have probably

Ron Paul would have probably been happily delivering babies, because if the rats would have been forced out, America would likely not have been so sick.

Maybe Ron Paul

would have gone on to run for the US Senate or maybe for Governor of Texas. Maybe he would have embarked on his quest to educate the public long before now.

I think we can all agree, the most attention he has ever received came not from his years in the US House, but from the last two presidential campaigns where he never officially won ANY election.

Term Limits aren't perfect. But when our Bozo national legislature has a 9% approval rating and 94% of them are re-elected over and over again, don't blame the public... they have voted with their feet. They are the smart ones who understand elections don't matter one damn bit.

I agree; Term limits are a band-aid

The real problem is money. Specifically, the unlimited FRN's a member or candidate can solicit and spend on an election. This amounts to bribery for an incumbent who knows they need the dough, cause the other guy has backers with money bags, too.
If the entire campaign process is not overhauled - which means a Constitutional Amendment - whoever we elect will have to play that 'get the money' game as well, or face losing to some puppet of the rich corporations. Hell, they may even be overwhelmed by the temptation that (lots of) money surely has and fall 'to the dark side' them self.
But, term limits would be an effective tool since no corporation can give to an election fund if the member has reached their limit and is not actually able to run for that office.

"Trust, but verify"
"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same."
- Ronald Reagan

tucson here. I'm down to help

tucson here. I'm down to help if I can.

Great!

G the OP is the hub right now and needs to hear from you then. Just contact him through the DP and he will connect with you. Thank you so much and this can be done!

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Case Law - Read on, Here's your loop hole

It doesn't matter what Benjamin Shelton thinks he knows - Or the Heritage Foundation, for that matter -
Arizona is not subject to the US framework of it's qualifications and terms for being an elected member of Congress as set by the US Constitution.
You all are forgetting - A States Constitution usurps federal. The "United States" are, essentially, independent governments that have joined together as a working confederation but still retain their OWN Constitution as the Law of the Land, unless it conflicts with the 14th Amendment - RE: Commerce between the States - Which this clearly does not.

The following Case Law should be cited when confronted with "You can't recall a Senator."
You CAN in Arizona.

(Found here: http://caselaw.findlaw.com/az-supreme-court/1585345.html )

FRANKLIN BRUCE ROSS v. KEN BENNETT THE BOARD OF SUPERVISORS OF MARICOPA COUNTY HELEN PURCELL KAREN OSBORNE CITIZENS FOR BETTER ARIZONA IN SUPPORT OF RC 04 2011

The Arizona Constitution guarantees the people the right to recall public officers who hold elective offices.  Ariz. Const. art. 8, pt. 1, § 1. Although the recall procedure has been used rarely, recall was an important issue during the Constitutional Convention of 1910.   See The Records of the Arizona Constitutional Convention of 1910 [hereinafter Records ] 241–46, 259–70, 802–12, 919–22, 925–29 (John Goff ed., 1991).   Sentiment favoring recall was so strong that the framers included in the constitution a recall provision for all public officers, despite well-placed fears that President Taft would not approve statehood if the recall provision applied to the judiciary.   See id. at 920, 926, 1418;  Letter from President William H. Taft to the U.S. H.R. (Aug. 15, 1911) (reprinted in Toni McClory, Understanding the Arizona Constitution 193–99 (2d ed.2010)).   The President eventually approved Arizona's bid for statehood, but only on the condition that the framers exempt judges from the recall provision.   Letter to U.S. H.R. Arizonans acquiesced to the President's request, but less than one year later, they overwhelmingly voted to amend the constitution to once again subject all public officers to recall.   See Ariz. Const. art. 8, pt. 1, § 1.
This broad recall provision remains in force today.  Id.;  see also Ariz.Rev.Stat. (“A.R.S.”) § 19–201(A) (Supp.2011) (implementing constitutional recall provision)
(Bold emphasis mine)

"Trust, but verify"
"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same."
- Ronald Reagan

good Mark...

you were 'on the hunt' and were ALMOST there... all by yourself.
KUDOS! my friend... you'll be pleased to read my post.
Cheers,
G.

Thanks

Used to be an investigative reporter .... Long ago, when we had to interview and research the public records (most of which were written on index cards and microfiche) to get our info!
God, I love the internet!
Let's show our "Disdain for McCain"!!

"Trust, but verify"
"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same."
- Ronald Reagan

Fantastic Mark!

Very, very well done! Are you in email contact with G ?

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Yep!

He has already emailed me to confirm contact info.
We're gonna do this, TruePatriot!
(Hey, have you noticed there's a "riot" in "Patriot"?) lol
BTW, that's a great Palahniuk quote! Love it!

"Trust, but verify"
"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same."
- Ronald Reagan

Great!

We cannot allow this until 2016! Thanks!

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

McShame

There are many Liberty minded PC's here in AZ. McShame could not even win his State Committeeman seat this last year. Let us know how we can help.

Saturday Update: McCain Recall

Saturday Update: McCain Recall

Impossible as it may seem... (and I REALLY want everyone to read RobHino's documents and LET it sink in!!!)
We the People... when we ELECT our representatives to Washington..
►We send them into a LEGAL LOOPHOLE that creates (for the elected Senators and Representatives)
a LEGAL oasis... a 'limbo'... IMMUNITY...
from which the STATES that sent them...
The very States and people(themselves) cannot FORCE them from office. HUH???

Every one of us... from every State... should let that sink in. It's disgusting.

What Arizona has DONE about it:
Here are the LINKS people... connect the dots! :)
Arizona McCain recall links

Arizona Law: title 19 statues (all)
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Titl...
Arizona Statute 19: 221 Statement(s)
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/1...
Arizona Statute 19: 222 Pledge
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/1...
Sample Pledge document
http://www.azsos.gov/election/Forms/Statement_on_Recall_FED.pdf
McCain Pledged (filing)
http://www.azsos.gov/releases/2010/pressrelease37.htm
McCain Pledged (new release)
http://www.azsos.gov/Releases/2004/pressrelease28.htm

Conclusions:
Let's Go Get Him Arizona!!
and
Every State represented here on DP needs ACTION on this. It is unacceptable in ANY State.

Absolutely fantastic!

Well done!

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

huh?

You mean we're going ahead, right?
Says here McCain pledged he would resign if recalled
http://www.azsos.gov/releases/2010/pressrelease37.htm
... So, let's recall him!
WooHooo!

"Trust, but verify"
"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same."
- Ronald Reagan