Russell Pearce Shot Down on Bid To Rig Redistricting

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Pearce is foiled, for now, in his plot to rig redistricting in Arizona

State Senate President-elect Russell Pearce and state House Speaker Kirk Adams were handed a defeat this morning in their efforts to interfere with the nominees to the Independent Redistricting Commission, the powerful committee of five that will be responsible for re-carving legislative and congressional districts before the 2012 elections.

The Commission on Appellate Court Appointments, which under the Arizona Constitution nominates 25 volunteers to be picked for the IRC by state legislative leaders, unanimously rejected attempts by Republicans Pearce and Adams to have ASU law school dean emeritus Paul Bender removed from the list of nominees.

A majority of the Commission also voted not accept the resignations of GOPers Steve Sossaman and Mark Schnepf, who both stepped aside after Pearce and Adams publicly questioned their qualifications to be IRC members and leaned on them to bow out.

Also, despite Pearce and Adams' complaints that the Republican pool that they will choose from is not geographically diverse, the Commission decided to keep the list as is.

Nevertheless, many of the Commission members, including its chairwoman, Arizona Supreme Court Chief Justice Rebecca White Berch, anticipated that Pearce and Adams would sue over the issues they'd raised.

At one point, Berch stated, "Likely there will be a [legal] challenge."

Jane Strain, a Republican from Cochise County, was adamant that the possibility of a lawsuit would not dissuade her in doing what was right.

"In terms of lawsuits, I don't deal well with threats," she said at one point. "I don't deal well with situations that require threats. So in terms of a threat of a lawsuit, it is what it is."

Dewey Schade, a Maricopa County Republican, also took umbrage at the threat of a lawsuit by Adams and Pearce to undermine the Commission's work.

"Those of us in the private sector, if we decide to have a lawsuit, we have to dip into our pockets," he noted. "But if you're a politician, and you can file a lawsuit . . . with taxpayers paying for the lawsuits.

"So I find it quite interesting instead of just taking this list . . . and making your picks, that they're going to spend our money in a very difficult economic times to file lawsuits."

Neither Pearce nor Adams explicitly leveled the threat of a lawsuit when they spoke to the Commission at the beginning of the hearing, although Adams has told reporters that the option's open if he and Pearce receive an identical list of nominees. That, of course, will now happen.

During his remarks, Adams argued that Bender, Sossaman and Schnepf were constitutionally unqualified to be nominees, as Bender works as a tribal judge, and Sossaman and Schnepf sit on irrigation districts.

Pearce called Bender a "high-ranking tribal official," though as many speakers later noted, he clearly is not. And Pearce suggested that one applicant to the IRC, Tucson Republican Christopher Gleason had been discriminated against because of his religious views.

"That would be blatantly unconstitutional," Pearce said.

It would be if that had actually occurred. But it did not. According to the Arizona Capitol Times, retired Judge Louis Araneta made a comment concerning religious statements Gleason put on his application. The judge reportedly opined that there should be a separation of church and state. Araneta later resigned from the Commission, explaining that he did not want controversy over his remark to be a distraction.

Towards the end of the hearing, long after both Pearce and Adams had left, several of the Commission members disagreed with the allegation that Gleason's religious beliefs had been held against him. Berch concurred with this view.

"Since I don't vote, I sit as an observer of the votes," said Berch. "And I can truly say...there was no discussion of [his] religion. There was a comment made, and a vote was taken."

She stated that, "I also interpreted the comment made by Mr. Araneta to go to impartiality, which is a constitutional requirement."

Berch did admit at one point that what constitutes a "public office" in regards to the Constitutional requirements for IRC nominees had yet to be defined, but several members scoffed at the possibility that sitting on an irrigation district would disqualify someone from being on the IRC.

Commission members noted that they had sought and gotten legal advice from the state Attorney General's Office regarding the "public office" issue, and had taken that advice into consideration with their picks.

Potential IRC members cannot be considered if they hold public office, but those who sit on school boards are exempted, and the Constitutional language says nothing about Indian tribes, which are sovereign nations.

One speaker before the Commission observed that Bender might as well have been advising a court in Fiji, for all it mattered.

As I noted in a blog post yesterday, Bender is anathema to Pearce because Bender, an expert in Constitutional law, has opposed Pearce both on SB 1070 and his efforts to nullify parts of the 14th Amendment. As Adams and Pearce left the building, I asked Pearce if that was his real reason for wanting Bender off the list of nominees. He did not respond to my question.

In general, the Commission seemed to resent the pressure placed on them by Adams and Pearce. At least this part of Pearce and Adams' gambit boomeranged on them.

"There is no greater intrusion into this process than to have the two top Republican officials from the state government call and get people to withdraw their names from consideration," observed Pima County Democrat John Leavitt. "That's completely inappropriate."

Lawsuits will be totally inappropriate, too. But if there's one thing you can count on, it's on Pearce and his henchmen doing the totally inappropriate thing. That is, as long as they stand to gain from it.



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24 comments
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Rollem45
Rollem45

For the next few years, RuSSell PearSSE will sue and threaten and waste valuable time and state resources to maintain his nativist agenda (ala Arpaio) all the while "medical marijuana" will take a foothold and our state will suffer its consequences all thanks to the inattention of the likes of PearSSe. I would like to thank my fellow Arizonans for placing these idiots into office to fool around with the smallest of administrative functions of government like what we are seeing now.

Bgfreshfoods
Bgfreshfoods

I am a republican. Pearce and his fraudulent hypocritical religious views have no place in my party. I WANT MY PARTY BACK!

***
***

Be very very careful when crossing Pearce. My guess is that "payback" is one of his favorite activities.

The Class Global
The Class Global

"Chilidawg" got a response from TheClassGlobal@gmail.com,

"Sure, this punk calls us insane, and comes up with nothing to refute the allegations and evidence. This desert rat moron probably hasn't even heard of most these VERY REAL issues, because he's hanging out stoned in New Times blogs rather than searching out the Truth.

Now, Chilidawg, be specific and refute these "insane" assertions, you little faggot punk."

Well, I felt the last part was unnecessary, because I know the dude who sent the E-mail and he was deliberately provoking. He does it all the time with us. I'll relay any response and counter-arguments from Chilidawg.

Check out www.BadPhoenixCops.blogspot.co... for the latest on Phoenix police and government corruption.

That's www.BadPhoenixCops.com - where the TRUTH hurts!

JTR on the blogs, online and on time.

Gerry_C
Gerry_C

Did anybody see Pearce's recent CNN interview? It is on the topic of Birthright citizen ship, but it plays in this discussion as well because it makes me wonder if he were dropped on his head as a baby.

http://www.theatlanticwire.com...

Chilidawg
Chilidawg

I like the flag shirt.

Talk about "Wrapping youself in the flag."

Gray Race
Gray Race

We the people have to fight and not let these dip shits ruin our state. This fucking Pearce asshole is running our state into dictatorship. He wishes that Hitler, Hussien, Amin, and Stalin were alive so he can learn a thing or two to see what to do to people that opposes him or his policies. Then he can have Arpaio and Adams do his dirty work.

Concerned Citizen
Concerned Citizen

No one is more qualified then Paul Bender, who understand the Constitution and the rights of individuals which the legislators have taken away from the people serving themselves and their own political agendas.

Reggie VV
Reggie VV

The voters somehow voted for a one party dictatorship in this State and Adams and Pearce are just trying to implement it. There should be no opposition to anything this one party dictatorship does. Or they will get Arpaio to send you to the Gulag.

Bill Stoller and Gerri Cocozza
Bill Stoller and Gerri Cocozza

I'm getting buried in targeted releases and didn't know where to put this latest Associate attack on Senator Pearce. An Associate said that the Stoller/Cocozza crew bought about 20 minin netbooks and hired distributers to just hang out and slam release worldwide all day and night. Looks like they're working with Stephen now to make life miserable for Senator Pearce.

The Associates are apparently irate because Senator Pearce never assisted them in their OKON v PHOENIX class action immigration case against Phoenix. Here's the latest release,

"To The World Press, These are opinions based on known facts. PEARCE, cut that setllement check to THE REAL and FAIR IMMIGRATION ENFORCERS - the OKON/STOLLER class representatives - and we'll go easier on you down the road. And don't forget that GROUNDED "Phoenix Memo" prior to 9/11. You owe us big time and you were a co-conspirator with GEORGE BUSH in that. Just confess, PEARCE, it's good for the soul (if you have one). Your sorry political career is over and you're GUILTY OF MISPRISION OF FELONY and MISPRISION OF TREASON. Don't drop the soap, loser. Latest on "The Mormon Grand Dragon:" The racist redneck neo-Nazi and ARIZONA SENATE PRESIDENT-ELECT RUSSELL "Marshmallow Mouth" PEARCE doesn't give one damn about upholding The Constitution and The "Rule of Law." What he DOES care about is pursuing his self-aggrandizing and inward-focused tyrannical agendas to THE GATES OF INSANITY. Please see PEARCE's latest lies at http://www.washingtontimes.com... PEARCE and his criminally-corrupt ARIZONA REDNECK CO-CONSPIRATORS answer to the Delaware-based PROFIT CORPORATION "(T)he United States of America, Inc." They trade off policies and candidates like any profit-oriented business. The desert rat boneheads couldn't care less about "We The People." PEARCE has actually sold out AMERICA and our secure borders by knowingly aiding, abetting, and harboring a CIA operative, murderer, illegal alien, and seditionist usurper - BARRY SOETORO aka OBAMA. We and many others have sent PEARCE irrefutable evidence in support of these claims and he can look it up now at www.CRS-reports.org and www.ATLAHMediaNetwork.org. PEARCE, the drunken tongue-tied BREWER, and ALL ARIZONA OFFICIALS ARE ACTIVELY COMMITTING MISPRISION OF FELONY and MISPRISION OF TREASON in the SOETORO/OBAMA cover-up. Those crimes are in addition to the racial-profiling charges that they always face due to their obvious racist motives in deporting INNOCENT BABIES WHO ARE/WERE BORN IN AMERICA. The real fair and just immigration enforcement will be accomplished in the attached OKON v PHOENIX class action against the sanctuary kidnapping, human smuggling, and illegal dope stronghold of our Nation - the NEW BABYLON of PHOENIX, ARIZONA. OKON is going to the United States Supreme Court on a Petition for Writ of Certiorari. If remanded for trial, damages will be increased to $500,000,000 with PEARCE, GOVERNOR JAN BREWER, and many other public officials added as defendants. If OKON is not remanded, the OKON class will slam PEARCE and his corrupt cronies in STATE ACTIONS on numerous claims, including GROSS NEGLIGENCE and BREACH OF FIDUCIARY DUTY in their complete failure to enforce LOCAL and STATE CRIMINAL NUISANCE ABATEMENT LAWS to take down drophouse and dopehouse owners. PEARCE and the "SAND WITCH" BREWER won't do that because the greedy lowlives want the exorbitant tax loot from the crime property owners. Now they pay back "We The People" as the STATE OF ARIZONA is driven to its knees in bankruptcy by the OKON plaintiffs. Our goal is to see PEARCE, JOE ARPAIO, JAN BREWER, and their criminally-corrupt cronies RENDERED HOMELESS and DESTITUTE ON THE STREETS, where they stand little chance of surviving among "We The People." We survived the drophouses and dopehouses while PEARCE, BREWER, ARPAIO, and crew showboated for votes and attention, and STOLE THE TAXPAYERS' MONEY without making a dent in the illegal immigration problem. You can run, PEARCE, BREWER, ARPAIO, and the rest, but you CANNOT AND WILL NOT HIDE. SHUT UP, PAY UP, and RESIGN! Staff and Associates, for The Class West, The Class East, and The Class Global, 9/11 survivors and American Patriots

Check out www.BadPhoenixCops.blogspot.co.... for the latest on Phoenix police and government corruption.

That's www.BadPhoenixCops.com - where the TRUTH hurts!

JTR on the blogs, online and on time.

Gerry_C
Gerry_C

I don't understand why we even need a redistricting commission. Shouldn't the President of the Senate just decide the new district boundaries and we just bow down and accept it?

Steve Muratore
Steve Muratore

Did anyone else think that the prepared remarks read aloud by Adams and Pearce must have been written by an attorney?

Coz
Coz

Eat SHIT Pearce !

Tommy Collins
Tommy Collins

["As Adams and Pearce left the building, I asked Pearce if that was his real reason for wanting Bender off the list of nominees. He did not respond to my question."]

After having shown his posterior to the world in his email communications with you regarding his long time relationship with J.T. Ready (which pearce adamantly denied previously) I can understand that pearce will no longer reply to anything YOU might ask him, Mr. Lemons. For that, my friend, you can be very proud. Anytime one can get a pathological liar to keep his mouth shut, instead of adding yet another untruthful statement, you've done something of worth.

["Lawsuits will be totally inappropriate, too. But if there's one thing you can count on, it's on Pearce and his henchmen doing the totally inappropriate thing. That is, as long as they stand to gain from it."]

It appears there may still be a few Republicans left in this state, and maybe even Maricopa County, who have the ability to think outside the confines of the dictated parameters set by pearce and company....

Since some of the committee members received counsel from the state attorney general on this matter, it seems there might be a conflict of interest (similar to the Stapley/MCAO situation) that would prohibit the state attorney general from filing said threatened lawsuit. Any lawsuit would likely result in stalling the appointments and redistricting, as well. What would the advantage be for pearce and Adams to have the process stalled?

Barb W.
Barb W.

People lose their rights, not all at one, but in increments, and sometimes in response to exaggerated fears promoted by those who would dictate. Did we not learn from Arpaio, Thomas, etc.. then came Brewer and now Pearse. I am hoping that Maricopa County, and Arizona will reach a critical mass of fear, but for the right reasons: that they have people who have been playing them in order to stay in office.

Nweng
Nweng

When they come, they'll arrive atop a white horse named patriotism, wrapping themselves in the flag, and carrying a bible.

Tina
Tina

How true, how true. That's why Pearce is afraid of Bender.

Concerned Citizen
Concerned Citizen

Reggie, You understand how Arizona works. It's time the people take back their state and restore our rights.

Chilidawg
Chilidawg

I dislike Pearce as much as anyone else who posts here, but you, my friend are quite insane.

Coz
Coz

That's what the Redneck Pearce seems to think.

Gerry_C
Gerry_C

Not to critique you Tommy, but when you used the term "pathological liar" my brain was anticipating "pathological blabbermouth."

Tommy Collins
Tommy Collins

Point, Gerry. However I have friends who have the ability to blabber on without being untruthful. I honestly don't think pearce has the ability open his mouth without some misinformation or blatant untruths emerging...

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