Tuesday, May 26, 2009

Alex Fitzsimmons: Libertarian Party Activist

On August 25, 2007, Alex Fitzsimmons joined the Libertarian Party of Queens County. He shortly thereafter joined the national Libertarian Party and signed the pledge, which was as follows:

I certify that I do not advocate the initiation of force to achieve political or social goals.

On August 28, 2008, he was appointed a Foundation Member of the Libertarian Freedom Council. On August 29, 2008, he was appointed the LFC Student Representative for Morris Knolls High School and was appointed as a voting Governing Board Member of the Libertarian Freedom Council in the capacity of Executive Assistant.

Dr. Tom Stevens, the LPQC State Representative, made a motion on the LPNY State Committee to have Alex Fitzsimmons designated as a fully credentialed voting delegate to the Libertarian Party's National Convention, which was to be held at the Sheraton Denver in Denver, Colorado over the Memorial Day weekend in 2008, despite the fact that Mr. Fitzsimmons continued to reside in New Jersey. That motion passed and Alex Fitzsimmons was designated a delegate. Mr. Fitzsimmons did not renew his membership in the Libertarian Party of Queens County for calendar year 2008 (a $20.00 expenditure) but did attend the Libertarian Party's National Convention.

During the Libertarian Party's National Convention, Dr. Tom Stevens asked Alex Fitzsimmons to nominate him for re-election to the Libertarian Party's Judicial Committee. Mr. Fitzsimmons addressed the convention and gave a good nominating speech. Dr. Stevens was re-elected to the Judicial Committee.

Mr. Fitzsimmons supported Wayne Allyn Root for the nomination of the Libertarian Party for President of the United States but switched to Bob Barr on the final ballot after Root dropped out of the race and endorsed Barr in return for Barr supporting him for the Vice-Presidential nomination.

On Saturday, June 14, 2008, Alex Fitzsimmons was scheduled to address the Libertarian Party of Queens County as a supplementary speaker to provide his perspective on the Libertarian Party's National Convention. Michael W. Reid, Jr. was the main Guest Speaker. Alex Fitzsimmons called to say he had gotten off the wrong exit in the Bronx but was going to use his G.P.S. to get back on the right road. Mr. Fitzsimmons never arrived and for two weeks did not return any calls or messages left for him. When the LPQC leadership finally got in touch with him, he stated that he just got frustrated and went home despite the fact that a packed room of Queens LP members were waiting in Bohemian Hall for him to arrive.

Alex Fitzsimmons never renewed his membership in the Libertarian Party of Queens County and it is unknown whether he renewed his membership in the national Libertarian Party, although it is unlikely. Mr. Fitzsimmons remained the LFC Student Representative for Morris Knolls High School until his graduation from that school in June, 2008. He remained Executive Assistant of the Libertarian Freedom Council until that organization ceased operating in the first half of 2009.

In Liberty,

Dr. Tom Stevens
LPQC State Representative

The Involvement Of Alex Fitzsimmons In The Boston Tea Party

Sometime prior to April 22, 2008, Alex Fitzsimmons joined the Boston Tea Party by registering at the party's website at http://www.bostontea.us/

On April 22, 2008, an Organizational Meeting for a New Jersey affiliate of the Boston Tea Party was held by teleconference. Bylaws were adopted and officers elected. Alex Fitzsimmons was elected President of the New Jersey affiliate of the Boston Tea Party (BTPNJ). A motion was made before the National Committee to grant a charter to the New Jersey affiliate. It passed by the required unanimous vote.

On May 8, 2008, Alex Fitzsimmons was appointed to serve as a voting At-Large National Committee member of the Boston Tea Party.

On May 25, 2008, Mr. Fitzsimmons attended an "informal" convention of the Boston Tea Party held in Denver, Colorado after the Presidential and Vice-Presidential candidates of the Libertarian Party had been selected at the Libertarian Party's National Convention. At that "informal" convention, George Phillies, Alden Link and Dr. Tom Stevens were placed nominated for future consideration as the candidate of the Boston Tea Party for President of the United States. On the recommendation of Dr. Tom Stevens, Vice-Chair of the Boston Tea Party, nominations remained open. All three candidates eventually withdrew their names as contenders for the nomination.

On June 8, 2008, a motion had been made to appoint three new individuals to vacancies on the National Committee of the Boston Tea Party. That vote was to be held open until midnight, Eastern Standard Time. However, Jim Davidson, the Boston Tea Party Chair, closed the voting ahead of schedule when his preferred side in the voting was temporarily in the lead. Mr. Davidson's preferences were made know since he granted posting privileges to some of the nominees to the btpnc Yahoo Group even though those people had not yet been appointed to serve. One even made a motion to censure a voting National Committee member and to take away his voting privileges. National Committee members objected to these actions and when Jim Davidson denied Alex Fitzsimmons the right to vote and wrongly claimed he had ended the voting at midnight when he clearly had not. Jim Davidson's response was as follows:

Voting was closed, by my declaration, whether I can tell time or not, whatever time zone I chose, as I see fit.

Within a day's time, Rocco Fama, Michael W. Reid, Jr. and Alex Fitzsimmons resigned from their At-Large positions on the National Committee of the Boston Tea Party. Mr. Fitzsimmons wrote the following resignation note to Jim Davidson on June 9, 2008:

Mr. Davidson, your behavior reeks of fascism. Political disenfranchisement is the stuff of homicidal absolutists. If you possessed a shred of honor, you would not have ostracized half of the National Committee by violating the bylaws. You have become drunk on power, power that you never possessed in the first place. And like our founding fathers who believed that at times it was necessary to dissolve the bonds that bind men together, I hereby resign as an At-large member of the National Committee. The New Jersey affiliate will no longer be associated with the Boston Tea Party and I hereby resign my membership in the party.

On June 9, 2009, Alex Fitzsimmons resigned his position as an At-Large member of the National Committee of the Boston Tea Party and as a member of that party. In addition, the members of the New Jersey affiliate of the Boston Tea Party voted that day to disaffiliate from the Boston Tea Party.

In Liberty,

Dr. Tom Stevens
Former Vice-Chair
Boston Tea Party

Alex Fitzsimmons: A Ron Paul Liberty-Loving Republican

Alex Fitzsimmons joined one of the many Ron Paul Meetup Groups that were forming in the summer of 2007. On July 11, 2007, he was appointed New Jersey Coordinator of the independent Paul For President Coalition.

In explaining his active involvement in both the Republican Party and the Libertarian Party, Alex Fitzsimmons wrote the following:

Born in the U.S.A., I am a freedom-mongering high school senior living in northern New Jersey...I began my career in liberty advocacy as the New Jersey Coordinator of the Paul for President Coalition, an independent organization which seeks to expand and provide support for grassroots Ron Paul activists. I still hold this position, and am working tirelessly to pollinate American politics with the seeds of liberty.

Politically, I started out on the far-right, wallowed amongst my fellow authoritarian war-hawks for quite some time, then abruptly shifted to a more moderate libertarian ideology. I still identify with the Republican Party, but disagree with several of their platforms and tend to assume a more pro-liberty posture. I believe that restoring the Republican Party's traditional ideology of limited government and fiscal responsibility, and backing more Barry Goldwater-esque conservatives, is a vital element of advancing a pro-liberty agenda, but I also acknowledge that only working within the confines of the Republican establishment will not be sufficient to accomplish this task, and that other avenues must be pursued if a pro-liberty ideology is to prevail. I am intricately involved in both prongs.

It is important to note that none of the work I am doing would be possible if not for Dr. Tom Stevens. I met Tom on a Ron Paul Meetup.com group and have never looked back. We have fostered not only a resilient working relationship, but also built a strong personal friendship. Tom is an irreplaceable motivator, educator, and friend, and I am thankful for all of the advice and guidance he has provided me.

I am extremely confident that if organized and managed properly, a pro-liberty agenda will become a driving force in American politics. Authoritarianism collides with human nature's desire to be free. Our job is to kindle that innate, and often dormant, desire that is ingrained in our moral and genetic fiber. If we can do that, liberty will prevail.

On December 8, 2007, Alex Fitzsimmons was scheduled to be the Guest Speaker at the General Membership Meeting of the Libertarian Party of Queens County and was to speak about the Paul For President Coalition. Mr. Fitzsimmons called and informed the LPQC leadership that he got into a small fender-bender on the way to the meeting, that no one was injured, that he had called AAA and that he would take a car service to the meeting as soon as AAA brought his car to a local service station. In return, Dr. Tom Stevens, the Membership Director of the Libertarian Party of Queens County, promised to drive him back to his car after he delivered the speech. The last call the LPQC received was Mr. Fitzsimmons informing them that AAA had arrived. That is the last we heard from him. All subsequent attempts to call him were unsuccessful and Mr. Fitzsimmons never arrived and refused to answer or return any calls for the next two weeks. The LPQC was left hanging and it never became clear why Mr. Fitzsimmons abandoned his efforts to make it to the meeting.

Alex Fitzsimmons served as New Jersey Coordinator of the independent Paul For President Coalition until September 4, 2008, on which day John McCain gave his acceptance speech for the Republican Party's nomination for President and the Paul For President Coalition ceased its formal political activity so coalition members could support the Presidential candidate of the party of their choice.

In Liberty,

Dr. Tom Stevens
Political Consultant
Paul For President Coalition

Monday, May 25, 2009

The Involvement Of Alex Fitzsimmons In The Objectivist Party

Alex Fitzsimmons joined the Objectivist Party on February 2, 2008 on which date he was elected to serve on the Governing Board. He was not a very active member of the Governing Board and took on no specific responsibilities.

On May 25, 2008, Alex Fitzsimmons attended the National Convention of the Objectivist Party held at The Buckhorn Exchange in Denver, Colorado. At that convention at which Mr. Fitzsimmons was a delegate, Thomas Robert Stevens (New York) was selected as the candidate of the Objectivist Party for President of the United States in 2008 and Alden Link (New Jersey) was selected as the candidate of the Objectivist Party for Vice-President of the United States in 2008.

On June 9, 2008, the New Jersey affiliate of the Boston Tea Party voted unanimously to disaffiliate from the Boston Tea Party and its members sought a charter to organize as a new affiliate of the Objectivist Party.

The Governing Board of the Objectivist Party unanimously passed the following motion:

MOTION: that the National Committee grant a charter to a New Jersey affiliate of the Objectivist Party, which shall be known as Objectivist Party of New Jersey and that said charter be deemed granted as of June 9, 2008 upon the application of Alex Fitzsimmons, who has been elected its first President.

Governing Board Members Jeff Grizlo, Dallwyn Merck, Dodge Landesman, Dr. Tom Stevens, Alex Fitzsimmons and Michael W. Reid, Jr. all voted in favor of the motion and the Objectivist Party of New Jersey (OPNJ) was formally chartered.

After the chartering, Alex Fitzsimmons failed to communicate with Objectivist Party members in his State, failed to send out any News Releases announcing the chartering of the affiliate, failed to schedule any activities and failed to exhibit the initiative necessary to perform his responsibilities as President of the Objectivist Party of New Jersey with a minimal degree of competency. During this time, he also continued to show of lack of desire to take on any duties in his capacity as a member of the Governing Board.

On July 21, 2008, Dr. Tom Stevens, Chair of the Objectivist Party, contacted Alex Fitzsimmons to ask whether he had any desire to rectify the situation. Mr. Fitzsimmons mentioned his active social life, his girlfriend's monopolization of his time and his plans to go to college out of state as reasons for his lack of effort. As a result, Mr. Fitzsimmons resigned as a member of the Governing Board and as President of the Objectivist Party of New Jersey, effective July 21, 2008. Scott Christopher Baier was appointed the new President of the Objectivist Party of New Jersey.

Mr. Fitzsimmons reaffirmed his philosophical commitment to Objectivism and asked to remain a member of the Objectivist Party. During December, 2008, multiple e-mails were sent to Alex Fitzsimmons informing him that his free membership in the party had been extended through December 31, 2009 and noting that if he wished to resign, he would need to inform us of that fact. It became clear over the next five weeks that Alex Fitzsimmons had cut off all communication with party members and was not responding to any e-mails sent to him by OPNJ President Scott Christopher Baier (who served from 7/21/08 to 12/29/08) or by his successor, Neil McGettigan. As a result, the Governing Board of the Objectivist Party terminated the membership of Alex Fitzsimmons in the Objectivist Party effective February 11, 2009.

In Liberty,

Dr. Tom Stevens
Chair
Objectivist Party

Thursday, May 21, 2009

Stevens Takes Over LPQC Bookings

After being elected Membership Director of the Libertarian Party of Queens County at their Annual Convention held on April 8, 2006, Dr. Tom Stevens took over responsibility for booking the speakers and events run by the LPQC.

Below is a list of the Guest Speakers, Conventions, Events & Programs he booked for the Libertarian Party of Queens County since April 8, 2006:

LPQC Annual Convention
Jim Lesczynski (Guerrilla Activist)
Dr. Steve Finger (11th C.D. Candidate)
John Clifton (State of the State Address)
Vijay Govindan (Liberty Dollar Speaker)
Dr. Tom Stevens (National LP Update)
Liberty Forum (5-Minute Readings)
Dr. Donald Silberger (LP Candidate for Lt. Governor)
Les Jamieson (New York 9/11 Truth Activist)
LPQC Special Convention
Ralph Rubinek (Gun Owners of America)
Dr. Tom Stevens (Boston Tea Party NY)
Steve Greenfield (Transforming Third Parties)
John Clifton (Clifton Coalition for Ron Paul)
Alden Link (Candidate for the LP Presidential Nomination)
Carl Svensson (Co-Chair of the Republican Liberty Caucus in NYS)
John Procida (Downside of Historic Landmark Designations)
Carl Person (Designated NYC A.G. in 9/11 Ballot Initiative)
Ronald S. Ramo (6th C.D. Candidate)
Dan Burke (Co-Founder of We Are Change)
Guy Menahem, Esq. (Should Libertarians Support Open Borders?)
Dallwyn Merck (H.R. 1955 Threat To Domestic Political Activism)
LPQC International Buffet Holiday Brunch (The Views at Mt. Fuji)
LPQC Annual Convention
Valerie Vande Panne (Hemp & The Drug War)
Vlad Averbukh (U.S./Russian Relations)
Rocco Fama (LP Presidential Candidate Update)
John Kenneth Press (Culturism)
Isaiah Matos (Neo-Cons & 14th C.D. Candidate Platform)
Michael W. Reid, Jr. (Report on the LP’s National Convention)
Becky Akers (Transportation Security Administration)
John Chodes (The Lancaster System)
Bob Heaney (New American Independent Party)
Ari Rosmarin (New York Alliance Against The Real ID Act)
Dodge P. Landesman (Term Limits: Pros & Cons)
Andrew Rushford (Campaign For Liberty)
LPQC Holiday Dinner (East Manor Buffet)
LPQC Annual Convention
Rolando Bini (Parents In Action For Leadership & Human Rights)
Liberty Forum (5-Minute Readings)
Isaiah Matos (“End The Fed” Movement)
Tom Evans (“Survivor Zine” Founder & Publisher)
Joseph Dobrian (Candidate for LP Nomination for Mayor)
John Chodes (The 19th Century Worker)
Fred Cookinham (Author of "Age of Rand")

In Liberty,

Dr. Tom Stevens
Membership Director
Libertarian Party of Queens County

Stevens Objects To Reasoning Offered By Judicial Committee For Rejecting The Delegates' Petition

After voting 6-1 to accept jurisdiction over the issues raised in the Delegates’ Petition (with Dr. Tom Stevens being the only Judicial Committee member voting against the Judicial Committee having "subject matter jurisdiction"), the Judicial Committee voted 5-2 to reject the appeal.

Ruth Bennett, the Chair of the Libertarian Party’s Judicial Committee reported the May 6, 2009 decision as follows:

By a vote of six (Bennett, Cobb, Hacker, Nicks, Nolan, Sarwark) to one (Stevens) the Judicial Committee recognizes that we have jurisdiction in the matter of the Delegates’ Petition of April 30, 2009. We are, however, by a vote of five (Bennett, Cobb, Hacker, Nolan, Stevens) to two (Sarwark, Nicks) declining to accept the petition. The relief requested in the Petition is reinstatement of R. Lee Wrights and as Mr. Wrights has been appointed to the National Committee, the appeal is moot.

Respectfully Submitted,

Ruth E. Bennett
Chair
Libertarian Party Judicial Committee

The reasoning expressed by the majority of Judicial Committee members voting to reject the Delegates’ Petition was that the petition was moot since it sought the reinstatement of R. Lee Wrights to the National Committee and that as of the date of the vote, Mr. Wrights had already been reappointed to the National Committee.

This position is not mine. I do not believe the relief sought in the Delegates’ Petition was moot.

The wording of the Delegates’ Petition was as follows:

I was a Delegate to the Libertarian Party 2008 National Convention. Pursuant to Article 8, Section 5, I find that the attempted removal of R. Lee Wrights, At-Large Member of the Libertarian National Committee, from the National Committee, without a 2/3 vote of the National Committee, contravenes Bylaws Article 8, Section 5. I affirm his position as an At-Large Representative and ask, per Article 8, Section 12, that the Judicial Committee overturn this attempted removal and direct that Wrights be recognized as an At-Large Member of the National Committee.

If there had been a “decision of the National Committee” to remove R. Lee Wrights, his subsequent re-appointment does not make moot a petition asking the Judicial Committee to overturn the “decision of the National Committee” removing him in the first place. His subsequent reappointment is irrelevant to the issue of whether the original decision of the National Committee contravened the bylaws.

I voted against accepting the Delegates’ Petition because there was no “decision of the National Committee” to overturn and no “suspension” of a National Committee member-at-large by a 2/3 vote of the entire LNC.

In my view, there was no appealable issue properly before us upon which we could schedule a hearing.

In Liberty,

Dr. Tom Stevens
Judicial Committee Member

The Jurisdictional Issue On The Delegates' Petition Regarding R. Lee Wrights

On Wednesday, May 6, 2009, the Judicial Committee of the Libertarian Party voted on the issue of whether the Judicial Committee had "subject matter jurisdiction" over the question raised in the Delegates’ Petition submitted to us by Rachel Hawkridge dated April 30, 2009. That Delegates’ Petition contained the following language:

To: Judicial Committee of the Libertarian Party

I was a Delegate to the Libertarian Party 2008 National Convention. Pursuant to Article 8, Section 5, I find that the attempted removal of R. Lee Wrights, At-Large Member of the Libertarian National Committee, from the National Committee, without a 2/3 vote of the National Committee, contravenes Bylaws Article 8, Section 5. I affirm his position as an At-Large Representative and ask, per Article 8, Section 12, that the Judicial Committee overturn this attempted removal and direct that Wrights be recognized as an At-Large Member of the National Committee.

Sincerely,
Name/State Delegation
123. Harry Joe Tabor/Oregon
122. Mykl Kryka/Colorado
121. Daniel Ong/Colorado
120. Claire Gersch/Colorado
119. Garrett Michael Hayes/Georgia
118. signature rejected
117. Thomas E Sullivan/Colorado
116. Roger Gary/Texas
115. signature rejected
114. Steven Boone/People's Democratic Republic of Maryland
113. L. Alan Pyeatt/California
112. Lonnie Holcomb/Idaho
111. line voided
110. line voided
109. Skyla Grimes/Washington
108. Geoffrey Wills/NY
107. Marc Montoni/Virginia
106. JJ McCurry/Florida
105. Michael Jingozian/OR
104. line voided
103. Julia Fox/IL
102. line voided
101. line voided
100. Peter Wilkie/Washington
99. Karen Swindell/Michigan
98. John W Howell/IL
97. Tom Howe/North Carolina
96. Ray Carr/Texas
95. Barbara Howe/North Carolina
94. Michael Kerner/Kansas
93. Mark W.A. Hinkle/California
92. line voided
91. Rachel M Enfield/TN
90. Mike Renzulli/Arizona
89. Elisabeth Larsen/Michigan
88. R C Wes Benedict/TX
87. Mary J. Ruwart/TX
86. Lidia Seebeck/California region 33 Riverside
85. Stephen Stout/Utah
84. Susan Hogarth/North Carolina
83. Scotty Boman/Michigan
82. Henry Haller/Pennsylvania
81. Jason Seagraves/Michigan
80. James Dompkowski/Maine
79. Walter Block/Louisiana
78. Eric Cooper/Iowa
77. Maureen Litten/Iowa
76. Seth Anthony/Colorado
75. Derek Pomery/Maryland
74. Paul Langford/Colorado
73. Mike A. Bozarth/Missouri
72. Donald Silberger/New York
71. Thomas M. Sipos/California
70. Ed Marsh/Tennessee
69. Sam Sloan/New York
68. Audrey Capozzi/LPNY
67. Brian Irving/North Carolina
66. Vicki Kirkland/Florida
65. Karl Dickey/Florida
64. Michael J. Rollins/Rhode Island
63. Christopher S. Thrasher/North Carolina
62. Vincent Marcus/Utah
61. Fred Mangels/CA
60. René A. Ruiz/Massachusetts
59. Arthur Torrey/MA (Delegation Chair)
58. Richard Schwarz/Pennsylvania
57. John Wayne Smith/Florida
56. J.R. Enfield/Tennessee
55. Seth Cohn/NH
54. line voided
53. Deborah A. Bottomlee/TN
52. Carolyn J McMahon/Massachusetts
51. Jeff Duensing/Indiana
50. Chris Edes/New York
49. William P. McMillen/New York
48. Starchild/California
47. Matt D. Harris/West Virginia
46. Jake Porter/Iowa
45. line voided
44. Chuck Moulton/California
43. Mo Kiah/Tennessee Delegate/2008 LP Convention
42. Ron Moore/New York
41. line voided
40. Ray Duensing/NV
39. Beth Duensing/Nevada
38. Dylan McDonnell/Utah
37. Rachel Hawkridge/Washington
36. Jill Stone/CA
35. James Perry Reef/Massachusetts
34. Michael R. Edelstein/CA
33. Thomas Hill/N.C.
32. Glenn Jacobs Tennessee
31. Rob Latham/Utah
30. Tom Ruks/NH
29. Steve LaBianca/Florida
28. Christiana Mayer/Oregon
27. Steve Kubby/CA
26. Michelle Shinghal/TX
25. line voided
24. Raymond James Duensing Jr./Sin City, Nevada
23. Kelly Wall/TN
22. Michael Acree/CA
21. Tony Wall/TN
20. Paul Frankel/Alabama
19. Gene Hawkridge/Washington State
18. Less Antman/California
17. John Schultz/Missouri
16. Larry Nicholas/Washington
15. Debra Payne-Dedmon/Nevada
14. Dodge Landesman/New York
13. Glenn Nielsen/Missouri
12. Christopher Maden/California
11. Harland Harrison/California
10. Angela Keaton/California
9. James Lesczynski/New York
8. Carolyn Marbry/California
7. Richard Winger/California
6. Michael Seebeck/California
5. Brian Miller/Pennsylvania
4. George Phillies/Massachusetts
3. Morey Straus/NH
2. line voided
1. Thomas L. Knapp/Missouri

Act In Liberty,

Rachel Hawkridge
Chair,
Libertarian Party of Washington
Libertarian National Committee
Region 7 Representative

Ruth E. Bennett, the Chair of the Libertarian Party's Judicial Committee, reported the decision of the Judicial Committee with respect to this petition as follows:

By a vote of six (Bennett, Cobb, Hacker, Nicks, Nolan, Sarwark) to one (Stevens) the Judicial Committee recognizes that we have jurisdiction in the matter of the Delegates’ Petition of April 30, 2009. We are, however, by a vote of five (Bennett, Cobb, Hacker, Nolan, Stevens) to two (Sarwark, Nicks) declining to accept the petition. The relief requested in the Petition is reinstatement of R. Lee Wrights and as Mr. Wrights has been appointed to the National Committee, the appeal is moot.

Respectfully Submitted,
Ruth E. Bennett
Chair
Libertarian Party Judicial Committee

Since I was the only member of the Judicial Committee who voted against our having “subject matter jurisdiction” over the issues raised in the Delegates’ Petition, I thought it only proper to explain the reasoning behind my vote.

There does appear to be, in my opinion, an ambiguity with respect to whether the “subject matter jurisdiction” of the Judicial Committee is expanded in Article 8, Section 12 beyond the “expressly identified” matters mentioned as the “subject matter jurisdiction” of the Judicial Committee in Article 9, Section 2, which reads as follows:

2. The subject matter jurisdiction of the Judicial Committee is limited to consideration of only those matters expressly identified as follows:

a. suspension of affiliate parties (Article 6, Section 6),
b. suspension of officers (Article 7, Section 8),
c. suspension of National Committee members-at-large (Article 8, Section 5),
d. voiding of National Committee decisions (Article 8, Section 11),
e. challenges to platform planks (Rule 7, Section 9),
f. challenges to Resolutions (Rule 8, Section 2), and
g. suspension of Presidential and Vice-Presidential candidates (Article 12, Section 5).

However, Article 8, Section 12, states in relevant part:

12. Upon appeal by ten percent of the delegates credentialed at the most recent Regular Convention or one percent of the Party’s sustaining members, the Judicial Committee shall consider the question of whether or not a decision of the National Committee contravenes specified sections of the Bylaws. If the decision is vetoed by the Judicial Committee, it shall be declared null and void.”

The issue is whether Article 8, Section 12 grants “subject matter jurisdiction” to the Judicial Committee beyond those matters expressly identified in Article 9, Section 2 to include additional “subject matter jurisdiction” over “whether or not a decision of the National Committee contravenes specified sections of the Bylaws”. The ambiguity is in reference to the words "specified sections of the Bylaws". The question this raises is "specified" where - in the Delegates' Petition or in other sections of the Bylaws? I think the answer is unclear and that a better reading of this section would conclude it means as specified in the Delegate's Petition since it is the delegates who are challenging a particular decision of the National Committee. It is my position that if the Delegates’ Petition had veritable signatures from the proper number of credentialed delegates and challenged “a decision of the National Committee”, I would have voted that the Judicial Committee had jurisdiction over the issue.

In the current instance, however, the Delegates’ Petition does not reference “a decision of the National Committee” under Article 8, Section 12, nor does it reference “a suspension of National Committee members-at-large” under Article 9, Section 2, Subsection c. As a result, there is nothing referenced in the Delegates’ Petition I feel is appealable to the Judicial Committee under the provisions of the Libertarian Party Bylaws. The National Committee did not by a 2/3 vote of the entire LNC suspend R. Lee Wrights "for cause" and did not send him a notice of suspension. Had he been suspended "for cause" by a 2/3 vote of the entire LNC, that action would be within the subject matter jurisdiction of the Judicial Committee. Had the Delegates’ Petition referenced any “decision of the National Committee”, I would have voted to accept jurisdiction but it did not. Therefore, it was clear to me that the Judicial Committee had no jurisdiction over the issues raised in the Delegates’ Petition.

At first glance, you might think the Delegates’ Petition does give the Judicial Committee subject matter jurisdiction because the appeal language specifically mentions Article 8, Section 5. Every member of the Judicial Committee voted in favor of the Judicial Committee having jurisdiction over this matter except me. My reasoning is clear to me but obviously wasn't persuasive enough to convince the other Judicial Committee members. To me, for the Judicial Committee to have subject matter jurisdiction, there had to be an Article 8, Section 5 "suspension" "for cause" by a 2/3 vote of the entire LNC or a “decision of the National Committee” that the credentialed delegates claimed “contravenes specified sections of the Bylaws”. Since there was no such "suspension" under Article 8, Section 5 and no “decision of the National Committee”, I did not believe the Judicial Committee had jurisdiction over the matter raised in the Delegates’ Petition. Bennett, Hacker, Sarwark, Cobb, Nolan and Nicks obviously thought otherwise.

In Liberty,

Dr. Tom Stevens
Judicial Committee Member
Libertarian Party

Wednesday, May 20, 2009

Fred Cookinham Speaks Before Joint LPQC/OPNY Meeting At Bohemian Hall

Fred Cookinham, author of "The Age Of Rand: Imagining An Objectivist Future World", spoke about his book and his knowledge of Objectivism and Ayn Rand before a joint General Membership Meeting of the Libertarian Party of Queens County and the Objectivist Party of New York that was held on Saturday, May 9, 2009 at 11:00 a.m. at Bohemian Hall located at 29-19 24th Avenue, Astoria, New York.

Fred Cookinham, known for offering a series of walking tours called Ayn Rand’s New York, has been an observer of the Objectivist and libertarian movements for forty-one years, and has written for several movement magazines. He lives in Queens, New York with his wife, Belen. Mr. Cookinham earned his Bachelor's Degree in American History at Cortland State College in 1976, and his Master's at Brooklyn College in 1987. For more information about his walking tours, visit http://www.indepthwalkingtours.com/

One review of his book, "The Age Of Rand: Imagining An Objectivist Future World", written by Judith Byorick at http://www.amazon.com/ was as follows:

Ayn Rand and Objectivism have inspired a substantial and growing number of written works. Most of them deal with either biographical matters or analyses of her philosophy. This book is different. The Age of Rand assumes at least a working knowledge of Rand's works on the reader's part; to quote from the introduction, "Relating, integrating, finding the connections -- between Rand's past, present and future, her place in the long perspective of history -- that is the purpose of this book." The author takes Rand's vision and runs with it -- in a number of different directions, speculating on how a future world in which Rand's ideas have been widely or universally adopted might look. But wait -- there's more. This "speculation" about such a future isn't simply fanciful fantasizing based on utopian dreams, but is grounded in a broad and thorough knowledge of history, and is well supported with examples from past events and long-term trends. The book also includes excellent arguments in support of Objectivism, and provides a great deal of practical advice on how to get to the "Age of Rand". Some of the treats in store for the reader: a superb analysis of the true nature of altruism; and a fascinating synthesis of the minarchist position and the anarchist position guaranteed to generate intense discussion. The book is beautifully written, with a richness, depth, and clarity that make the reading a pleasure. The author doesn't hesitate to criticize Rand where criticism is called for, and certainly doesn't hesitate to improve on the master's work. But such criticisms and improvements are in the details, not in the essentials. Running through every chapter is Cookinham's quiet, steady passion for Rand's vision for life as it might be and ought to be. Highly recommended."

After his speech, Fred Cookinham took questions from an enthusiastic audience. Many attendees bought a copy of the book, which sold for $23.00.

In Liberty,

Dr. Tom Stevens
President
Objectivist Party of New York

Tuesday, May 19, 2009

Akiva Israel Slams Michael W. Reid, Jr. In LPNY Circles

It has recently come to my attention that on or about March 26, 2009, Akiva Israel posted an article entitled "The Truth About Mike Reid" to a number of unofficial Libertarian Party related Yahoo Groups. The text of that article was identical in each case and included the following language:

Attention: LP Members

Earlier this month, I was found NOT GUILTY of all charges filed against me with respect to an incident that took place on April 1, 2008 in a room at the Chestnut Hill Hotel at 8229 Germantown Avenue in Philadelphia, Pennsylvania. Mike Reid, a member of the state committee of the libertarian party of New York, had claimed I handcuffed and shackled him against his will, hit him with a baseball bat and threatened his life. Nothing could be further from the truth. In fact, I was the only person seriously injured in the altercation. On the advice of my attorney, I could not previously discuss what really happened but now that I have been found NOT GUILTY of all charges, I can finally set the record straight. I met Mike Reid at Chestnut Hill College in January, 2008. We were both students there and Mike asked me to tutor him on a variety of topics. The professional relationship soon grew into a personal one and we started spending most of our free time together. We also talked on the phone for hours each night. The intensity grew and quite by accident during one of our study sessions, I slapped him in the face because he was late for one of our meetings. I don't know why I thought he would like it but I was certainly correct. It was clear to me Mike was sexually aroused by that slap and we ended up in his dorm room that night for some extended play. Our relationship lasted for nearly two and a half months. During that time, we had sex almost every day. Handcuffs and leg shackles were a part of our play as was verbal abuse. Mike especially liked being called "pussy boy" and after he was turned on by my verbal insults, I would usually "ride him like a pony until he squealed like a pig" as I would often say. In any case, on April 1, 2008, we decided to stay overnight at the Chestnut Hill Hotel. Mike drove us there and took out money from an ATM to pay for his share of the room. After we were there for a few hours playing around, I put the handcuffs and leg shackles on him. The leg shackles were breakaways and the handcuffs were left loose. We got into a heated argument regarding a friend I had that Mike was jealous of and at some point he attacked me. My skull ended up being cracked open and while I was being taken to the hospital, Mike told the police I attacked him which resulted in my being arrested. Maybe in retrospect, I could have anticipated a violent end to our intense relationship. Mike was jealous of the friends I had but I also demanded that in return for my time and tutoring, that he devote his full time to me. I worked hard to drive a wedge between Mike and his professional and political mentor. I also started telling Mike stories of demons and how the world was going to end in 2012. I did so because I knew Mike was open to believing such things while his mentor was a man devoted to science and reason, as I am. The truth is we couldn't get enough of each other and our jealousy ultimately resulted in this tragic incident. That being said, Mike Reid lied to the police about what happened in that Chestnut Hill Hotel room on April 1, 2008 and for almost a year, I have had to defend against felony charges filed against me. Now that I have been found NOT GUILTY, I intend to make Mike Reid pay for his lies in the months and years ahead at a time when he least expects it. This is all I intend to say on the matter.

Akiva Israel

Michael W. Reid, Jr., who at the time of the posts served as an elected At-Large Member of the State Committee of the Libertarian Party of New York, has understandably not responded to these posts since doing so would open him up to civil liability for defamation and the possible filing of criminal charges against him should the prosecutor believe Mike Reid lied to the District Attorney when he claimed Akiva Israel attacked him. Mr. Reid would have a hard time defending against such a civil suit since Mr. Israel was found "not guilty" of all charges that were filed against him. Mr. Reid would have an easier time defending against criminal charges since a "reasonable doubt" probably exists in his favor, just as it existed in Akiva Israel's favor.

Mike Reid did not attend the March or April, 2009 LPNY State Committee Meeting and did not attend the LPNY State Convention in Rochester, New York on Saturday, April 25, 2009. Mr. Reid also did not run for re-election as an At-Large Member of the LPNY State Committee and did not renew his membership in the Libertarian Party of Queens County. It is unknown whether his sudden disappearance from LPNY circles is as a result of these Akiva Israel posts.

In Liberty,

Dr. Tom Stevens
LPNY State Committee Member

Akiva Israel Found "Not Guilty" In Michael W. Reid, Jr. Attack

In a shocking turn of events, Akiva Israel was found “not guilty” of all charges arising from an incident that took place involving Michael W. Reid, Jr. on April 1, 2008 at the Chestnut Hill Hotel in Philadelphia, Pennsylvania. Both Akiva Israel and Mike Reid were students at Chestnut Hill College at the time. Mike Reid was also an active member in both the Libertarian Party and the Objectivist Party.

Details regarding the original attack can be found in very few on-line sources.

On April 2, 2008, one day after the incident took place, Robert Moran, a Staff Writer for the Philadelphia Inquirer, wrote the following in an article entitled “Man Attacked, Handcuffed At Chestnut Hill Hotel”:

A 20-year-old Philadelphia man was attacked and forced to put on handcuffs in a room at the upscale Chestnut Hill Hotel, then got free and fought with his assailant down an elevator and into the lobby of the historic inn last night, police said. Akiva Israel, 24, of Middletown, N.J., was arrested after the bizarre incident and is expected to be charged with aggravated assault, false imprisonment and related offenses, police said this morning. The two men have known each other for several months, police said, and met at or went together to the hotel, which is popular with celebrity guests. In a fourth-floor room at the hotel at 8229 Germantown Ave., the alleged assailant made the younger man put on a pair of handcuffs, police and a witness said. He also attempted to place shackles on the younger man's legs, police said. Why the two men went to the room was not explained in a preliminary police report. The victim said he had met the man to see or receive important information, according to hotel guest Kristian Sedano, 22, who is from Miami. In the room, the victim allegedly told Sedano that the older man threatened him with a knife and ordered him to put on handcuffs and meditate." Somehow, the victim was able to free himself and fought off his attacker," said Officer Christine O'Brien. Sedano said the victim told him that he struck his attacker twice in the head with a baseball bat and yelled for help. "I don't know why there were bats in the room," Sedano said. The two men fought in an elevator and into the lobby of the hotel, which boasts numerous past celebrity guests including Cuba Gooding Jr., Kate Hudson and Billie Jean King. Sedano was in the lobby and saw the two men struggling on the floor. He said he saw a knife and bat nearby and moved the weapons away from the men. He said he then helped hold down the older man until police arrived. "Look at the notes! Look at the notes!" the alleged attacker said, Sedano recalled. "Is it the cure for cancer?" the victim replied, with a pair of handcuffs dangling from one wrist, Sedano recalled. Sedano said the victim told him he was able to escape because he faked locking the handcuffs to both wrists. Both men were covered in blood. The victim was taken to Chestnut Hill Hospital and treated for a stab wound to his right arm and cuts to his hands, O'Brien said. The alleged assailant was taken to Albert Einstein Medical Center and treated for a head wound, O'Brien said. A woman answering the phone at the hotel declined to comment.

News regarding the original incident was also published on April 10, 2008 in the following article by Jennifer Katz entitled "CH Hotel Scene Of Violent Attack" which is located at http://www.chestnuthilllocal.com/issues/2008.04.10/news1.html.

Armed with a collection of weapons, including two baseball bats, two knives, duct tape, two chains, leg shackles, handcuffs and two padlocks, a 24-year-old New Jersey man was arrested for attacking his companion at the Chestnut Hill Hotel on April 1. According to Captain Winton Singletary of the 14th District, it appeared Akiva Israel, of Middletown, N. J. intended to kill 20-year-old Michael Reid of South Philadelphia. I think he took him there to kill him,” Singletary said. Reid told police that Israel struck him with a baseball bat in a room of the hotel at 8229 Germantown Ave. Reid booked the room and told police that he and Israel had known each other for a couple of months. Singletary said sources at the hotel believed the two men were a couple, although neither told police that they were romantically involved. Reid further told police that after Israel struck him with the bat, he handcuffed him and forced him to put shackles on his ankles. Reid broke free from the handcuffs and fought with Israel in the room, out of the room and into the elevator and then in the hotel lobby, where a witness called police at 6:30 p.m. Both men suffered stab wounds and were taken to Chestnut Hill Hospital. Reid was treated and released. Israel remained hospitalized until April 4 when he was transferred to police custody. “The room was full of blood,” Singletary said. The suspect also told the victim he had a gun, although there was no gun found at the scene. The room had been booked for one night. A spokesperson for the hotel released a statement on April 3 saying, “The safety of our guests and employees is our number one concern. We are fully cooperating with local authorities in the investigation of the incident.” Israel, who has no previous arrests, is being charged with aggravated assault, unlawful restraint, recklessly endangering another person, false imprisonment and several other related offenses. He remains in county jail awaiting his arraignment, scheduled for April 10, after his bail was set at $7,500.

After being found “not guilty” of all charges that were brought against him in relation to this incident, Akiva Israel posted the following on March 19, 2009 as a comment in response to the Philadelphia Inquirer article that was reprinted at phawker.com:

I am Akiva Israel and on March 4, 2009, I was found NOT GUILTY of all charges related to the incident referenced in this article that took place on April 1, 2008 at the Chestnut Hill Hotel. Mike Reid drove me to the Chestnut Hill Hotel. He came into the hotel room of his own free will. He withdrew money from his ATM to pay for his share of the room. The handcuffs and weapons were part of our usual sex play. Mike Reid enjoyed playing the role of slave and being called “Pussy Boy”. He is really into S & M. I would regularly ride him like a pony until he squealed like a pig. On this occasion, he got jealous of a friend I knew and attacked me. He then had ME arrested!! I am pretty pissed as you might expect. I will not let this matter go unaddressed. He will pay for the lies he told when he least expects it.

http://www.phawker.com/2009/03/24/what-happened-next-stranger-than-pulp-fiction-funnier-than-borat-you-simply-cant-make-this-shit-up/

Since I knew Mike Reid at the time of this incident, I felt compelled to respond to Akiva Israel’s post and did so in the following comment posted to the same site on March 23, 2009:

I was Mike Reid’s friend and mentor at the time this incident took place. Mike Reid told me Akiva Israel was found not guilty of all charges. I can also confirm that Mr. Reid told me he drove Akiva Israel to the Chestnut Hill Hotel and that he went into the hotel room voluntarily but that he did so to end his association with Mr. Israel. Mike Reid did not follow my advice to end his relationship with him “on campus” and to do so quickly. He told me he planned to go to the cafe in the hotel but ended up in Akiva Israel’s room learning “meditation techniques” and did so to comply with Mr. Israel’s last requests. Mr. Reid told me the money he took from the ATM was not to pay his share of the room rental but simply because Akiva Israel told him he would be embarrassed if he didn’t have money on him. I know! It makes no sense! Mike Reid also told me he was unaware of there being any weapons in the room. I also had no knowledge of whether Mike Reid was into S & M and Mr. Reid has always denied having a sexual relationship with Akiva Israel. However, Mr. Reid did tell me that on numerous occasions during their “study sessions” that Akiva Israel slapped him in the face and that he never told him to stop doing so. Akiva Israel and Mike Reid did spend a lot of time together from January through April 1, 2008. They spoke every day and in conversations that took place for hours in the middle of the night. I am certain that in the course of their intense relationship, Akiva Israel became jealous of my role as a professional and political mentor to Mike Reid and drove a wedge between us .I am no longer Mike Reid’s friend or mentor. Although both sides wanted me to testify at the criminal trial, I did not do so.

I do hope this is the last chapter in this sordid story that has negatively affected so many people’s lives.

Dr. Tom Stevens
LPNY State Committee Member

Monday, May 18, 2009

Dodge Landesman - A Rising Star In Many Parties

Whether it be in the Libertarian, Objectivist or Democratic Party, Dodge Landesman, currently a candidate for the Democratic nomination for New York City Council from the 2nd District, has promoted a pro-liberty agenda supporting smaller government and respect for individual liberties in a number of political parties over the past year.

In the period before the 2008 Libertarian Party National Convention held in Denver, Colorado, Dodge served as the Manhattan Campaign Coordinator for Mike Gravel, a former Democratic Senator from Alaska, who was seeking the Libertarian Party’s nomination for President after dropping out of the race for the Democratic nomination for President. Mr. Landesman attended the 2008 LNC Convention as a delegate from New York State and voted for Mike Gravel but after former Republican Congressman Bob Barr emerged as the nominee of the Libertarian Party for President, Dodge was eventually appointed Manhattan Coordinator for Bob Barr’s race for the White House.

The highlight of his efforts to promote Bob Barr for President was a fundraiser held on Monday, August 18, 2008 from 6 p.m. to 11 p.m. at the August Wilson Theater located at 245 West 52nd Street in Manhattan. The theater was donated for the fundraiser by Rocco Landesman, Dodge’s father, who was recently appointed by President Barack Obama to serve as the new head of the National Endowment for the Arts. The fundraising event was called “An Evening With Bob Barr & Rally For Liberty”. A private audience with Bob Barr required a minimum $250.00 contribution. More details about the event can be found at http://upcoming.yahoo.com/event/1011333/

Shortly before the Barr fundraiser at the August Wilson theater, Dodge Landesman apparently obtained the verbal support of the Manhattan Libertarian Party leadership to run for New York City Council from the 2nd Councilmanic District as the candidate of the Libertarian Party. On August 17, 2008, Dodge posted the following at http://www.mikegravel.us/node/3747 - “Hello my name is Dodge Landesman, and I was Gravel’s Manhattan Campaign Coordinator. I’m the Libertarian nominee for City Council in NYC, and I’m going to make the National Initiative a centerpiece for my campaign.” At the actual New York City Nominating Convention of the Libertarian Party held on Monday, May 11, 2009, Dodge Landesman did not formally seek the endorsement of the Libertarian Party for his City Council run but late last summer, he did formally receive the endorsement of the Manhattan Libertarian Party to run for State Senate as a Libertarian but he was unable to gather a sufficient number of petition signatures to get on that ballot in that race.

On another political front, Dodge Landesman joined the Objectivist Party on February 2, 2008 and was appointed to serve as a member of the Governing Board of that party. On May 25, 2008, he attended the National Convention of the Objectivist Party held at The Buckhorn Exchange in Denver, Colorado. On June 7, 2008, the Objectivist Party of New York was chartered and Dodge Landesman was elected Vice-President of the New York affiliate. On June 25, 2008, Dodge Landesman was appointed National Youth Coordinator (U.S.A.) of the Objectivist Party and served in that capacity until the position was eliminated on April 17, 2009. Mr. Landesman continues to serve as a member of the Governing Board of the Objectivist Party and as Vice-President of the Objectivist Party of New York.

In the Libertarian Party, Dodge Landesman was elected at the Manhattan Libertarian Party Convention held on January 17, 2009 to serve on the State Committee of the Libertarian Party of New York as the State Representative of the Manhattan Libertarian Party. He continues to serve in that capacity and remains a member of the Manhattan Libertarian Party and the Libertarian Party of Queens County. On May 11, 2009, he served as a voting delegate to the New York City Nominating Convention of the Libertarian Party.

Dodge Landesman is currently seeking the Democratic Party’s nomination for New York City Council from the 2nd Councilmanic District and maintains a Facebook Group to promote his candidacy at http://www.facebook.com/groups.php?ref=sb#/group.php?gid=35970955534

In the description of that Facebook Group, Dodge describes himself as “an anti-bailout and pro-growth Democrat…who supports small government and free market fiscal policies, as well as accepting social policies, such as a strong emphasis on gay rights and marriage equality in general”. He also speaks of supporting “easier access to special education schools” and admits to “being a student of such schools himself”.

Dodge Landesman recently turned 18 years of age and is a Junior at York Prep in Manhattan. Dodge continues to promote a pro-liberty agenda and is no doubt a rising star you will continue to hear a lot about in the coming years.

In Liberty,

Dr. Tom Stevens
MLP, LPQC, LPNY, LP, OP, OPNY Member

Free Trade Day Celebrated On May 8th

Free Trade Day was again celebrated on May 8th, the birth date of Friedrich Hayek, the Austrian economist who championed free trade.

Free Trade Day was started by Dr. Tom Stevens, the founder of the Objectivist Party. It was created so people can be made more aware of the importance of free trade to an efficient economy, wealth creation and a better standard of living.

People celebrating Free Trade Day do so in a variety of ways including the following:

1. Reading about Free Trade.

2. Reading about Friedrich Hayek and his economic theories.

3. Running a seminar, holding a meeting, or sponsoring a debate on the importance of "free trade" to enabling people to realize their potential and survive through the use of reason.

As explained on the Facebook Group page formed to promote Free Trade Day, free trade can be contrasted with protectionism, which is the economic policy of restricting trade between nations. Trade may be restricted by high tariffs on imported or exported goods, restrictive quotas, a variety of restrictive government regulations designed to discourage imports, and anti-dumping laws designed to protect domestic industries from foreign take-over or competition.

Free trade is a term in economics and government that includes:

1. Trade of goods without taxes (including tariffs) or other trade barriers (e.g., quotas on imports or subsidies for producers)

2. Trade in services without taxes or other trade barriers

3. The absence of trade-distorting policies (such as taxes, subsidies, regulations or laws) that give some firms, households or factors of production an advantage over others

4. Free access to markets

5. Free access to market information

6. Inability of firms to distort markets through government-imposed monopoly or oligopoly power

7. The free movement of labor between and within countries

8. The free movement of capital between and within countries

The Facebook Group page formed to celebrate and promote Free Trade Day can be found at
http://www.facebook.com/home.php?#/group.php?gid=41784728508

In Liberty,

Dr. Tom Stevens
Founder
Free Trade Day

Stevens, Hacker Vote To Reject Wrights Appeal

On Wednesday, May 6, 2009, Dr. Tom Stevens was the only member of the Judicial Committee voting against it having "subject matter jurisdiction" over the fourth question posed in the amended appeal of R. Lee Wrights to the Judicial Committee of the Libertarian Party. That fourth question was, "Does a lapse in dues require a ‘for cause’ removal described in Article 8, Section 5?" After the Judicial Committee voted it had "subject matter jurisdiction" over the question, it voted 5 to 2 to accept the appeal (Bennett, Cobb, Nicks, Nolan & Sarwark voting to accept the appeal; Stevens & Hacker voting against accepting the appeal).

Before voting against accepting the Wrights appeal on the question of whether "a lapse in dues requires a "for cause" removal described in Article 8, Section 5", Dr. Stevens made a number of points regarding the reasoning behind his vote.

1. The appeal of R. Lee Wrights does not state any particular relief sought from the Judicial Committee. Hence it is inappropriate to accept the appeal when the Judicial Committee isn't being asked to do anything except issue an opinion as to what it thinks could be included in a "for cause" suspension under Article 8, Section 5. Since no "for cause" "suspension" took place under Article 8, Section 5, the appeal raises a speculative and hypothetical question.

2. Even if we implied that the relief sought by R. Lee Wrights was reinstatement, the Judicial Committee cannot order that since he was not "suspended" in accordance with the provisions of Article 8, Section 5 of the Libertarian Party Bylaws.

3. Since the remedy under Article 8, Section 5 is reinstatement, even if a claim was stated upon which relief could be granted, the issue is moot since R. Lee Wrights has already been re-appointed to serve as an At-Large member of the Libertarian National Committee.

4. The appeal language speaks of whether "a lapse in dues requires a "for cause" removal described in Article 8, Section 5" of the bylaws. No such "for cause" removal can be found in Article 8, Section 5. Only a suspension "for cause" is referenced in that section.

5. The Judicial Committee cannot and should not be in the business of issuing advisory opinions.

In light of the Judicial Committee of the Libertarian Party voting to accept subject matter jurisdiction over the fourth question posed by R. Lee Wrights and voting to accept the appeal, a hearing on the matter will soon be scheduled. Despite Dr. Stevens voting against the Judicial Committee having jurisdiction on the issue and his voting against hearing the appeal, he will, nevertheless, fully participate in the upcoming hearing and vote as he deems appropriate.

In Liberty,

Dr. Tom Stevens
Judicial Committee Member
Libertarian Party

Sunday, May 17, 2009

Dan Halloran Promises Resources & References To LPQC

On Monday, May 11, 2009, at the Special Nominating Convention of the Libertarian Party of Queens County held at the Ukrainian East Village Restaurant located at 140 2nd Avenue in Manhattan, Dan Halloran received the unanimous endorsement of the LPQC in his run to be elected to the New York City Council from the 19th Councilmanic District.

In light of Halloran's admission he was seeking the endorsement of the Republican Party as well as the Conservative Party, the LPQC leadership sought and obtained two explicit promises from Dan Halloran in return for his receiving the endorsement. The first promise was that he would commit the resources necessary to obtain a sufficient number of valid petition signatures to have the Libertarian Party listed on the ballot in some manner. The second promise was that he would list the Libertarian Party of Queens County endorsement on his literature and website.

Dr. Tom Stevens, LPQC State Representative, made certain Dan Halloran agreed to commit the necessary resources for the upcoming petition drive in light of the fact that the LPQC has had to rely upon paid petitioners in the past in order to secure ballot access. In light of the fact that Mr. Halloran would be circulating petitions to get on the ballot as the representative of other parties, Dr. Stevens obtained Halloran's word that he would not solely rely upon those other parties for ballot access.

Dr. Stevens also explicitly asked Halloran whether the Conservative Party leadership might object to his having obtained the LPQC endorsement and to his listing it on his literature and website. Halloran said he was certain the Conservative Party would have no objections.

After receiving the unanimous endorsement of the LPQC, Halloran welcomed any feedback we might give him with respect to his platform.

Dan Halloran is the newly elected Chair of the Republican Liberty Caucus and a member of the Libertarian Party of Queens County.

You can visit Dan Halloran's website for more information at http://www.danhalloran.org/

In Liberty,

Dr. Tom Stevens
LPQC State Representative

The Jurisdictional Issue On The R. Lee Wrights Appeal

On Wednesday, May 6, 2009, the Judicial Committee of the Libertarian Party voted on the issue of whether the Judicial Committee had "subject matter jurisdiction" over the questions raised in the amended appeal of R. Lee Wrights.

The amended appeal submitted to the Judicial Committee by R. Lee Wrights was as follows:

To: Libertarian Party Judicial Committee
From: R. Lee Wrights

On April 17, I appealed my suspension from the LNC. After further consideration, I want to clarify exactly what I am asking for in my appeal. I respectfully request the Committee to rule on the following:

1. Does a failure to maintain a sustaining membership constitute a resignation as claimed by the Secretary and Chair?

2. If Question 1 is answered in the affirmative, how long is the grace period between the time when the membership fee becomes due and the supposed resignation?

3. If Question 1 is answered in the affirmative, does the Secretary or Chair have the authority to decide if and when an effective resignation has taken place?

4. Does a lapse in dues require a "for cause" removal as described in Article 8, Section 5?

Respectfully submitted by,
R. Lee Wrights, At-large

The question of jurisdiction was divided into two parts. I am the only member of the Judicial Committee who voted against our having jurisdiction on both sides of the divided question.

Ruth E. Bennett, the Chair of the Libertarian Party's Judicial Committee, reported the decision as follows:

The Judicial Committee decided to divide the question of jurisdiction into two questions.

Does the Judicial Committee have jurisdiction over the first three questions asked in Mr. Wrights amended appeal: (1) Does a failure to maintain a sustaining membership constitute a resignation as claimed by the Secretary and Chair? (2) If Questions 1 is answered in the affirmative, how long is the grace period between the time when the membership fee becomes due and the supposed resignation? (3) If Question 1 is answered in the affirmative, does the Secretary or Chair have the authority to decide if and when an effective resignation has taken place?

The Judicial Committee decided by a vote of four (Bennett, Hacker, Sarwark, Stevens) to three (Cobb, Nolan, Nicks) that we have no jurisdiction on these three questions.

The fourth question, "Does a lapse in dues require a ‘for cause’ removal described in Article 8, section 5?" is found to be within the Jurisdiction of the Judicial Committee by a vote of six (Bennett, Cobb, Hacker, Nicks, Nolan, Sarwark) to one (Stevens).

We then voted to accept Mr. Wrights appeal on that question alone by a vote of five (Bennett, Cobb, Nicks, Nolan, Sarwark) to two (Hacker, Stevens.)

A telephonic hearing will now be scheduled. Please have any responses or briefs to the Chair of the Judicial Committee by 5P (PDT) on Friday, May 15, 2009. (BennettRuth@...)

Respectfully Submitted,

Ruth E. Bennett
Chair
Libertarian Party Judicial Committee

The "subject matter jurisdiction" of the Judicial Committee is set forth in Article 9, Section 2 of the Libertarian Party Bylaws. It reads as follows:

2. The subject matter jurisdiction of the Judicial Committee is limited to consideration of only those matters expressly identified as follows:

a. suspension of affiliate parties (Article 6, Section 6),
b. suspension of officers (Article 7, Section 8),
c. suspension of National Committee members-at-large (Article 8, Section 5),
d. voiding of National Committee decisions (Article 8, Section 11),
e. challenges to platform planks (Rule 7, Section 9),
f. challenges to Resolutions (Rule 8, Section 2), and
g. suspension of Presidential and Vice-Presidential candidates (Article 12, Section 5).

I think it is pretty clear that the delegates who adopted the above language meant it when they stated the subject matter jurisdiction of the Judicial Committee is LIMITED to consideration of ONLY THOSE MATTERS EXPRESSLY IDENTIFIED and then went on to state the exact sections of the bylaws and convention rules under which the Judicial Committee has the power to exercise that subject matter jurisdiction.

The only possible stated grounds under which the Judicial Committee can take "subject matter jurisdiction" over the amended appeal of R. Lee Wrights is Article 9, Section 2, Sub-Section c dealing with suspension of National Committee members-at-large under Article 8, Section 5.

The relevant portion of Article 8, Section 5 reads as follows:

The National Committee may, for cause, suspend any member-at-large by a vote of 2/3 of the entire National Committee. The suspended member-at-large may challenge the suspension by an appeal in writing to the Judicial Committee within seven days of receipt of a notice of suspension. Failure to appeal within seven days shall confirm the suspension and bar any later challenge or appeal.

Now as far as I know, the National Committee did not by a 2/3 vote of the entire LNC suspend R. Lee Wrights "for cause" and did not send him a notice of suspension. Hence, in my opinion, the Judicial Committee lacks "subject matter jurisdiction" over his appeal. Had he been suspended "for cause" by a 2/3 vote of the entire LNC, that action would be within the subject matter jurisdiction of the Judicial Committee, and if in such a situation, we found in his favor, we could order reinstatement. However, in this case, Mr. Wrights' sustaining membership dues lapsed and his seat was declared vacant. He was not "suspended" under the provisions of Article 8, Section 5. Therefore, it is clear to me that the Judicial Committee has no jurisdiction in this matter.

Let's revisit selected portions of R. Lee Wrights' amended appeal, just to make sure my logic is sound. Mr. Wrights asked the Judicial Committee to consider the following appeal:

I want to clarify exactly what I am asking for in my appeal. I respectfully request the Committee to rule on the following:

1. Does a failure to maintain a sustaining membership constitute a resignation as claimed by the Secretary and Chair?

2. If Question 1 is answered in the affirmative, how long is the grace period between the time when the membership fee becomes due and the supposed resignation?

3. If Question 1 is answered in the affirmative, does the Secretary or Chair have the authority to decide if and when an effective resignation has taken place?

On these three questions, the vote of the Judicial Committee was 4 to 3 against the Judicial Committee having "subject matter jurisdiction". All three questions dealt with asking the Judicial Committee to issue an advisory opinion on a matter dealing with what Mr. Wrights refers to as a "resignation", a "supposed resignation" and an "effective resignation". It does not deal with a "suspension" having taken place under Article 8, Section 5 of the bylaws.

Bennett, Hacker, and Sarwark joined me in voting against the Judicial Committee having subject matter jurisdiction on these questions. Cobb, Nolan and Nicks voted in favor of the Judicial Committee having jurisdiction. so the vote was 4 to 3 against jurisdiction.

The fourth question posed by R. Lee Wrights was the following:

4. Does a lapse in dues require a "for cause" removal as described in Article 8, Section 5?

There are problems obviously with the wording of the question itself since Article 8, Section 5, speaks of a "suspension" "for cause" and not a removal and, of course, Mr. Wrights does not state any particular relief he is seeking but that aside, I will address here only whether the question posed gives rise to the Judicial Committee having "subject matter jurisdiction" over this matter.

At first glance, you might think it does give the Judicial Committee subject matter jurisdiction because the appeal language specifically mentions Article 8, Section 5. Every member of the Judicial Committee voted in favor of the Judicial Committee having jurisdiction over this matter except me.

My reasoning is clear to me but obviously wasn't persuasive enough to convince the other Judicial Committee members. To me, for the Judicial Committee to have subject matter jurisdiction, there had to be an Article 8, Section 5 "suspension" "for cause" by a 2/3 vote of the entire LNC. Since there was not such a "suspension" under Article 8, Section 5, the Judicial Committee does not have subject matter jurisdiction over the issue even though Mr. Wrights mentions that section of the bylaws in his amended appeal.

The Judicial Committee is not in the business of issuing advisory opinions on matters not within its subject matter jurisdiction. If there was no "suspension" "for cause" by a 2/3 vote of the entire LNC under Article 8, Section 5, it is my opinion, and my opinion alone, that the Judicial Committee should not be hearing this matter but since Bennett, Hacker, Sarwark, Cobb, Nolan and Nicks all voted to accept jurisdiction on Question 4 of the R. Lee Wrights amended appeal, the matter is now going forward and a formal Hearing is in the process of being scheduled.

In Liberty,

Dr. Tom Stevens
Judicial Committee Member
Libertarian Party