Sheriff Mirkarimi Exposes Democratic Party’s 1999 & 2003 Election Fraud in Opening Brief

On May 7, 2012, Sheriff Mirkarimi filed an outstanding Opening Brief with the San Francisco Ethics Commission which provides among many other things, in Exhibit 1, documents verifying the San Francisco Democratic Party’s election fraud in the 1999 mayor’s race when Democrat Willie Brown perpetrated election fraud against the actual victor, Democrat Tom Ammiano, and the 2003 mayor’s race when Democrat Gavin Newsom, now the California Lieutenant Governor, perpetrated election fraud against the actual victor, then Green Party President of the Board of Supervisors, Matt Gonzalez, with the use of the San Francisco League of Urban Gardeners (SLUG), under the leadership of Dept of Public Workers Director, Mohammed Nuru.

The brief is on the San Francisco Ethics Commission website at
http://www.sfethics.org/

Then go to the bottom left, where it says News, click on View More News, go to the item that says Documents Relating to Official Misconduct Charges Against Sheriff Mirkarimi, click on it,
http://www.sfethics.org/ethics/2012/04/documents-relating-to-official-misconduct-charges-against-sheriff-ross-mirkarimi.html

The brief is at http://www.sfethics.org/files/sheriff_mirkarimis_opening_brief_5.7.2_and_exhibit_1-2.pdf

It can take some minutes to open due to its size.

The brief is 15 pages and most of the rest of the 110 pages are the exhibits. Exhibit 1 is the SLUG election fraud data and Exhibit 2 is the City Attorney Memo on Investigation of City Payment to Rippey-Tourk. Ms. Ruby Rippey-Tourk was the secretary of then Democratic mayor of San Francisco, Gavin Newsom, who raped her in the mayor’s office, a clear crime and violation of all sexual harassment laws as she was a city employee. She also was the wife of his best friend. The Ethics Commission did nothing about this. They also apparently did nothing about city payments to her and did nothing when she declined to be interviewed by the city attorney. As Sheriff Mirkarimi’s brief states on page 5:

“However, as here, in both the Nuru and Rippey-Tourk cases, the subjects under investigation declined to be interviewed by the City Attorney. They were not subpoenaed. They were not hounded by City Attorney investigators. Additional charges were not threatened. Rather, Mr. Nuru eventually received a promotion (by Mayor Lee, uncoincidentally) for his trouble and Ms. Tourk received a significant sum of city funds for hers. This double standard highlights the troubling, and transparently political, nature of this case.”

“What do we know to be true? The Sheriff—a known political opponent of the Mayor and District Attorney—was elected by the People of the City and County of San Francisco. Before assuming office, the Sheriff committed a misdemeanor. The Ninth Circuit has determined that said misdemeanor is not a crime of moral turpitude. After the Sheriff was sentenced for said misdemeanor, the District Attorney asserted justice had been served. The Mayor immediately suspended the Sheriff vis-a-vis flimsy, flawed and fallacious charges.”

“The City Attorney began investigating the Sheriff with a vehemence unmatched in recent memory and in complete disproportion to any other City Attorney investigation.”

At the top of page 5, Sheriff Mirkarimi’s brief describes the vicious treatment to him done by the City Attorney, Democrat Dennis Herrera, at the behest of election fraud Democratic mayor Ed Lee:

“Moreover, the City Attorney has threatened to add another charge against Sheriff Mirkarimi because the Sheriff has not assisted with the City Attorney’s dual-track, renegade investigation. The City Attorney has subpoenaed the Sheriff’s phone records, demanded he show up and give a recorded statement, seized and searched his work computer against his objections, and demanded documents, asserting no other authority than the Mayor’s prerogative.”

The brief refers to other cases which were NOT considered official misconduct and the publicly elected officials were NOT removed from office:

“In 1977, Sheriff Richard Hongisto willfully defied a lawful court order to evict tenants from a building [the International Hotel] and served a five-day jail sentence for criminal contempt.” (p. 3) (George Moscone was the mayor at that time).

“In 1995, Terence Hallinan was elected District Attorney of San Francisco. Despite Hallinan’s history of arrests and convictions for physical assaults during his youth, see Hallinan v. Committee of State Bar Examiners (1966) 65 Cal.2d 447,
the Mayors in office during Mr. Hallinan’s tenure as District Attorney did not seek to remove him for official misconduct." (p. 4) (Hallinan was represented by Ben Dreyfus of Garry, Dreyfus & McTernan. See http://law.justia.com/cases/california/cal2d/65/447.html).

Sheriff Mirkarimi complains, justly, on page 4:

“The Mayor and City Attorney want to have it both ways: On the one hand, they assert the Commission has jurisdiction over the allegations, while on the other hand, they assert that only the Superior Court has jurisdiction over the investigation of those same allegations. In effect, the Mayor asserts that the Commission can weigh the validity of the allegations, but not the integrity of the investigation. The Mayor and City attorney thus assert carte blanche authority to use the power of their offices to interrogate anyone on any basis, and search and seize any property on any basis. Meanwhile, Sheriff Mirkarimi has no similar means of discovery. The investigatory scheme asserted by the Mayor and City Attorney—whereby they have absolute discovery rights but the Sheriff has none—could not be more in violation of fundamental due process.”

Due process is guaranteed in the US Constitution in the Fifth and Fourteenth Amendments.

On page 15, Sheriff Mirkarimi demands:

The Commission should dismiss the Mayor’s charges because: (1) the charges are transparently political; (2) the charges are grossly inconsistent with past practices, (3) the charges have already been adjudicated; and (4) the Mayor fails to allege a violation of a law under the Commission’s jurisdiction.” The brief ends with the demand that “the Mayor’s charges against Sheriff Ross Mirkarimi MUST FAIL because the evidence will show that the conduct at issue does not rise to the level of official misconduct under the law.”

Exhibit 1, the documents on SLUG’s election fraud, verify the continuation of the election fraud we witnessed by Democrat, then mayor Willie Brown in the 1997 49er Stadium Swindle election. See
http://www.brasscheck.com/stadium/
Be sure to read the dedication at the beginning to Dolores Evans, a poll worker, and 5 children, babies in diapers to age 8 or so, murdered in their Housing Authority home in a mysterious fire which the fire inspector said they could have escaped but someone stopped them, on December 13, 1997, just as Evans was about to testify as to the election fraud she witnessed in the June 3, 1997 election in the election fraud lawsuit filed December 3, 1997.

This was preceded by the election fraud of the Democratic Party in the 1970s. See
http://www.brasscheck.com/jonestown/

And the current mayor, Democrat Ed Lee, committed election fraud with the same Democratic Party election fraud team. See
http://www.sfbg.com/politics/2011/10/24/vote-fraud-video-primer

On May 10, 2012, Sheriff Mirkarimi filed a List of Potential Fact Witnesses, listed on the Ethics Commission website at
http://www.sfethics.org/files/sheriff_mirkarimis_list_of_potential_fact_witnesses_5.10.12.pdf
It raises the serious issue of cost of this whole circus to the taxpayers, as follows:

“At the outset, it must be noted that the Mayor has proposed 25 witnesses, eight of whom are purported experts. At this rate, the Mayor may have to put a bond on the ballot just to finance the prosecution of this misdemeanor case. Countless murders have received less attention and resources than what is being poured into the Mayor’s political attack on the Sheriff. It is shocking that the Mayor would use city funds to pay eight separate “experts” to address whether a low-level offense which is not even a crime of moral turpitude is official misconduct.”

“The Mayor’s proposed witness lists suggest the Mayor has every intention of dragging this case out as long as possible and essentially turning the whole ordeal into a circus.”

City Attorney Democrat Herrera filed 2 witness lists for Democrat Mayor Ed Lee, one on April 30, 2012 at
http://www.sfethics.org/files/mayors_initial_fact_witness_list_4.30.12.pdf
And the second on May 10, 2012 at:
http://www.sfethics.org/files/mayors_supplemental_disclosure_of_subject-matter_experts_5.10.12_and_email.pdf

Expert witnesses can each charge $5,000 or more for a serious hearing or trial. Attorney’s time is worth $500 per hour and we taxpayers are paying for probably 4 city attorneys as we can assume that the elected City Attorney Herrera is involved in this case. We are also paying for the City Attorney’s investigators and all of the clerical staff at the City Attorney’s office who are working on this case. Yet, the City claims to have budget problems. More likely, it has priority problems. And it has election fraud problems which neither the City Attorney nor the Cuban gusano, anti-Communist Republican turned Democrat District Attorney Gascon have bothered to investigate or stop.

There are many other issues involved. The easiest way to see these issues is to watch the video or listen to the audio of the April 23, 2012 hearing, available on the Ethics Commission website at:
http://www.sfethics.org/
Then go to the bottom right, Meetings. Click on Watch the Meeting in small print under the date of the next meeting, May 29, 2012 at 5:30 p.m.. You will get Ethics Commission Meeting Recordings at:
http://www.sfethics.org/ethics/2011/12/ethics-commission-meeting-recordings.html

These meetings are live streamed. Go down the page to Archives. Click on the video for April 23, 2012. Click on the Public Comment section, and then if you have time, go to the others. The 50 or so speakers were all except 3, in support of Sheriff Mirkarimi, and most were African-American. In a city were 6% of the population is African-American, it is said that 50% of the County jail inmates are African American, a sign of serious racism in this city. The speeches of the supporters of Sheriff Mirkarimi were eloquent and precise in addressing all the issues and are all worth listening to. They each speak for 2 minutes. There was also one speaker who is Iranian-American who highlighted the racism of Mayor Lee against Iranians in suspending the Sheriff without pay on the Persian New Year, March 20, 2012, a date easy to remember, as it coincides with the beginning of spring in the northern hemisphere. He correctly pointed out that such a vicious, illegal act would never have been done on the lunar new year to an Asian American. Sheriff Mirkarimi is the son of an Iranian Moslem father and a Russian Jewish mother. Sheriff Mirkarimi, as supervisor, opposed then police chief Gascon’s attempt to connect Iranian-Americans and all other Middle Eastern Americans to terrorism.

Then there is the case of City Dennis Herrera’s racism, stupidity, insanity or whatever you want to call it. Dennis Herrera ran for mayor in November 2011 and sent an expensive slick mailer to the voters with a Christmas tree on it, along with a bizarre message that he knows how to fight. A mayor is supposed to be a peacemaker so this combative message was totally inappropriate. The Christian Christmas tree has no place on any campaign piece for any secular office as it offends atheists, Jews, Moslems, and all other non-Christian religions and violates the Church-State separation mandate of the First Amendment which Herrera, as City Attorney and as an attorney admitted to the State Bar of California, has sworn to uphold.

These horrors being perpetrated by the San Francisco Democratic Party so as to continue to have an election fraud machine that will protect the real estate interests who want the foreclosures and evictions so as to maximize their profits, have been called an abomination by the San Francisco Bay Guardian. See

“Editorial: The Mirkarimi case is an abomination” By Bruce Brugman, 5/8/12 at
http://www.sfbg.com/bruce/2012/05/08/editorial-mirkarimi-case-abomination

There is also a Guest Opinion worth reading:
“GUEST OPINION: The politics of retribution” by By Debra Walker and Krissy Keefer
http://www.sfbg.com/politics/2012/05/07/guest-opinion-politics-retribution

There are now 2 organizations which have condemned the political witchhunt of Sheriff Mirkarimi. One is the San Francisco Green Party of which Ross Mirkarimi is a founding member, but recently changed his registration to Democrat, at:
http://www.sfgreenparty.org/issues/37-statement-on-sheriff-mirkarimi

The other is the Bernal Heights Democratic Club. See the Huffington Post of 4/18/12 at:
“Ross Mirkarimi Gets Support Of Bernal Heights Democratic Club, Progressive Organization Decries Sheriff's Suspension” at
http://www.huffingtonpost.com/2012/04/18/ross-mirkarimi-gets-support-of-bernal-heights-democratic-club_n_1436052.html

If the Democratic Party and its reactionary City Attorney, Dennis Herrera continue with this frame-up of Sheriff Mirkarimi, they will hasten the demise of the rotten twin of the Republican Party, the Democratic Party, both of which need to be cast into the dustbin of history. However, our lives are at stake and election fraud is fascism, which must be stopped. It will not be stopped by promoting expensive, futile campaigns such as the recall of election fraud Mayor Ed Lee. It can be stopped if the overwhelming majority of the 856,000 people of San Francisco call all 11 members of the Board of Supervisors and demand they vote to retain Sheriff Mirkarimi. All the Ethics Commission does is make a recommendation; it is the Board of Supervisors which can and must end this outrage which is a form of election fraud as Sheriff Mirkarimi was duly elected with 70,000 votes. Call all 11 members of the Board of Supervisors at:
http://www.sfbos.org/index.aspx?page=1616

All we need is 3 votes and we can win at least 3 votes if enough of us call. A little lesson from history might help: The decision guaranteeing women a right to a safe and legal abortion, Roe v Wade, was made by the Supreme Court under viciously reactionary Republican President Nixon in 1973. The majority opinion was written by Justice Blackmun, a Nixon appointee, while a Democratic Kennedy appointee, Justice White, dissented. The lesson is that it is mass movements that make the difference.

And when you get done doing that, please change your voter registration to Peace & Freedom or Green as we cannot afford the fascist, warmongering, election frauding Democrat-Republican Party. See
1. Peace and Freedom Party
http://www.peaceandfreedom.org/home/
2. Green Party
http://www.cagreens.org/
http://www.gp.org/index.php