Finds Rushed Swearing in of Presumed Winner Bilbray by U.S. House – Just 7 Days After Election and 16 Days Before Certification – Transferred Power to Decide Election Outcome to Congress
California Voters, Courts Left Powerless to Challenge Illegally Administered Election According to Ruling

A judge in the San Diego challenge to the Francine Busby/Brian Bilbray U.S. House Special Election in California’s 50th Congressional District has found in favor of the defendents motion to dismiss the case based on jurisdictional grounds, The BRAD BLOG has learned.

We have covered the defendants argument, that the swearing in of Bilbray just seven days after the election, and a full 16 days prior to certification by San Diego County, transferred power to decide any election challenges from the California courts to the U.S. House of Representatives. Those arguments are discussed in detail in several previous BRAD BLOG articles (here, here, here and here.)

We will have extended comments from Lehto here shortly…

The defendants attempts to force plaintiffs to cover the cost of attorneys fees (a so-called “SLAPP back” motion) was denied by Judge Yuri Hofmann based on the same jurisdicational arguments used to dismiss the case, according to the plaintiff’s attorney, Paul Lehto. Since the California court has no jurisdication to adjudicate an election contest for a California U.S. House election, it also has no jurisidiction to find against plaintiffs in the “SLAPP back” motion, says Lehto. is now collecting donations to help defray the cost of an appeal of this ruling.

Hofmann’s tentative ruling, which is now the final ruling as of this afternoon, is posted in full at the URL belowÅ 



Post comment

Forbidden Bookshelf

Forbidden Bookshelf

“While We Were Sleeping”

While We Were Sleeping is an urgent call to save Greenwich Village from New York University's uncontrolled expansion.

Click here to donate to NYUFASP and receive a copy of "While We Were Sleeping: NYU and the Destruction of New York" (minimum donation to receive a book is $10 plus $8 shipping).

Orwell Rolls In His Grave, featuring MCM – Buy the DVD

About News From Underground

News From Underground is a daily e-news service run by Mark Crispin Miller, a Professor of Culture and Communication at NYU. It is based on his belief that academics, like reporters, have a civic obligation to help keep the people well-informed, so that American democracy might finally work.

If you'd like to receive updates delivered to your inbox daily, sign up for News From Underground Alerts:

Help News From Underground!

Message from Mark: "I am a one-man operation, although assisted greatly by some volunteers, and, now and then, by people paid by others for one-time projects. There is no shortage of skilled, dedicated folks out there who want to help me. There is, however, nothing I can pay them with, unless you decide you can contribute something."

Please donate via the PayPal button above or via PayPal by email to:

Recent Posts

Recent Comments

Popular Posts


Need a bigger font size?

Sponsored Links

  • Your link could be here too, contact us for pricing details.