‘Erotic Grammy’ recall candidate seeks $54 million

Bubis claims GOP party officers conspired to slander her character

Jaxine Bubis — the self-described “erotic grammy” who sought the El Paso County Republican Party’s nomination to replace Democratic Senate President John Morse in a recall election — is asking for $54 million in damages after members of her own party leaked her past as a romantic novelist.

Bubis and her legal counselor, Marc Harris, sent several notices to the alleged “debtors,” El Paso GOP Chairman Jeff Hays, state Republican Party Chairman Ryan Call, party activists Paul Paradis and Kit Roupe, and Senate District 11 Republican recall candidate Bernie Herpin.

The complaints are not actually lawsuits and do not hold legal merit. However, in an “affidavit of obligation,” “affidavit of truth” and “formal criminal complaint,” Bubis and Harris allege that the “debtors” orchestrated a conspiracy to slander Bubis’ character in an attempt to remove her from the primary and clear the way for Herpin to petition onto the recall ballot.

Jaxine Bubis

Morse is facing the recall after supporting a package of gun control measures in the legislature this year. The Sept. 10 ballot is two-part: First it asks voters whether to recall Morse, and then it contains a list of replacement candidates.

The El Paso County Republican Party agreed to support one Republican candidate following a quasi primary process. Bubis and Herpin were the two Republicans in the district seeking the party’s nomination.

But last month, El Paso County Republicans and members of the press received an email from Paradis that outlined Bubis’ bizarre past. She describes herself in her book, “Beantown Heat,” as a “grammy who writes erotic romance.”

Paradis, the owner of Paradise Gun Sales in Colorado Springs, said at the time that he wanted to expose Bubis’ past in an attempt to shield the party from embarrassment. Since disclosing the information, the story has gone national, appearing as a top story on FoxNews.com this week and used as fodder by political satirist Bill Maher.

The book itself, which was available for download online and published by eXtasy Books — contains extremely explicit and graphic scenes depicting raunchy sex and other romantic encounters. Much of the content is not fit for publication in a family newspaper such as The Colorado Statesman.

Bubis spoke to The Statesman on Wednesday, explaining that since her past as a romantic novelist has come to light, she has been the subject of intense media scrutiny, which she believes has defamed her and destroyed her reputation. She further alleges that the mainstream Republican Party conspires to destroy grassroots candidates.

“There’s a pattern of people running for office in this country being mistreated because they weren’t the anointed ones,” she said during a phone interview. “This time they broke the law… If I can stop them from doing it to somebody else, I have to try.”

Bubis said she first heard of her past entering the spotlight on June 20 when Rep. Dan Nordberg, R-Colorado Springs, received a tip that Bubis had written pornography. Bubis’ campaign had been wooing Nordberg for an endorsement.

Bubis told Nordberg, “I no longer believed that pre-marital sex was heroic and for that reason I was currently pulling back my novels to rewrite them to make them more in line with my more mature moral views of sex in a committed relationship as being within god’s law,” according to the affidavit of truth.

She said of her romantic writing that it took place 10 years ago when she was a stay-at-home mother helping to contribute to her family. She said she took creative writing classes that resulted in “Beantown Heat.”

Bubis points out that the attack did not end with Nordberg being clued in to her creative writing. Republicans all across El Paso County began receiving copies of the book and tips about her past. In some cases, the book was left on Republicans’ doorsteps, according to Bubis. In most cases, Paradis left the book, she states.

Then the robocalls started. Roupe, a former legislative candidate and well-known business owner in the community, recorded a message for party leaders that said, “I was shocked… “It turns out candidate Jaxine Bubis writes pornography for a living…”

The robocall continued, according to the claim. “While I don’t like material that objectifies women my biggest concern is that her statements were untruthful. Bubis claims she only did this once. That’s not true. According to Amazon.com, she has published eight erotic novels… Please don’t let Jaxine Bubis embarrass our community…”

The claim also alleges that those who leaked the book “stole” copyrighted material with the intent to “slander, libel and defame” Bubis.

“I was astounded, angry and very upset that anyone would steal from me to embarrass and degrade my character in a low and dirty way,” Bubis states in the affidavit of truth. “I could not believe that this was being done by a fellow Republican.”

Bubis believes that Paradis and Roupe worked to discredit her as a candidate to pave the way for Herpin, who ultimately won the nomination. She also alleges that Hays and Call worked as party leaders to further the effort by supporting the attacks and investigation into Bubis’ background.

“These are powerful people,” Bubis states in the claim. “They are capable of anything… I have no idea what they’ll do in the future. This Gang is capable of nothing short of terrorism in my mind.

“The Republican Party persecutes anyone who stands up against them,” she continued. “They try to publically humiliate you, destroy your reputation, make calls all over town about you and make you fearful even in the safety of your home.

“I will have this smear hanging over my head for as long as the Internet is running…” Bubis concluded.

A not so traditional claim

The claim itself was prepared by Harris, who Bubis describes as a “friend of a friend of a friend.” Harris is not an attorney, but as he told The Statesman, “The Sixth Amendment to the Constitution of the United States, it says in there that you are afforded assistance of counsel. I’m assistance of counsel.”

The documents that Harris compiled contain 24 legal maxims, many of which resemble maxims written in the 19th Century by legal writer Herbert Broom. Those same maxims have been used in liens found to be spurious that have been compiled by the Sovereign Citizens Movement.

So-called sovereign citizens do not believe they are accountable to local, state or federal law. They do not recognize U.S. currency and they are “free of any legal constraints.” The FBI has classified the group as potential domestic terrorists.

Left-leaning political blog Coloradopols.com, which first reported Bubis’ claim in a post by “ProgressiveCowgirl” on Aug. 9, compared the documents prepared by Harris to templates used by members of the Sovereign Citizens Movement.

Those “sovereignty documents” can be found at NaturallyPrudent.com. The website states, “We can learn how to operate within the commercial system that’s been put into place or to reacquaint ourselves with being ‘sovereign’ Americans. For in America, the PEOPLE ARE THE GOVERNMENT.”

The claim organized by Harris also states that it is a “USSEC Tracer Flag Not a point of Law,” which comes from the sovereign theory that the government doesn’t exist.

Bubis also describes herself in the claim as “bondservant to the Creator, a private woman at peace; with a living soul; a state in fact as BE’ing (hereinafter: Affiant, One, I), with the purpose and intent of establishing a public record: One now comes, over the age of majority, being of sound mind and body under pain and penalty of bearing false witness before YHVH (spelled in Hebrew) and man depose with firsthand knowledge with the best information available …”

That description is also similar to language used in claims filed by the One People’s Public Trust; a group that believes people should live their lives “according to their own free will and free will choices.”

But Harris vehemently denies being connected to the sovereign movement. He acknowledges having studied some of its theories, but says he compiled Bubis’ claim on his own without using templates.

“Maxims of law go back to Roman and Greek and Babylonian law; it goes back to the beginning,” Harris explained why he used Broom’s maxims. “A maxim is something one has stated and held true over time and can’t be refuted… Those maxims there have to do with affidavits and commercial law.

“What is a sovereign? A sovereign is someone that answers to no one because they are the pinnacle for whatever the government is that they are a part of…” Harris continued. “They don’t have to ask permission. Now, what is a citizen? A citizen is a member of a civil society that comes out of Roman law… So, how is it that you can be a sovereign and a citizen at the same time? It’s oxymoronic… The sovereignty movement is stupid.”

But Harris also acknowledges that he has been berated for having stated in the past that Colorado does not exist. However, he explains that his statement was simply a reflection of the word “exist.”

“Exist means ‘to live; living,’” explained Harris. “If you don’t exist then you are a fiction. And Colorado is a fiction, just like every other political or corporate subdivision. They’re all fictions. What they are is they are persons. And under the law, ‘person’ is a corporation, co-partnership, association, subdivision — anything but a man or a woman. So, if you are a ‘person,’ you’re saying that you are a fiction, and because of that you do not exist.”

Harris explains the $54 million figure that Bubis is asking for as being 18 times three, which he says goes back to “antiquity.”

“When you harm a man or a woman in common law you get three times damages,” he explained.

“When you go back into history, American common law goes back to English common law, which goes back to biblical law,” Harris continued. “Statute is not law… statute is a clarification of rules, regulations and policies… That was a value that said that that would probably take care of compensating her for her being plastered all over the world in an unfavorable light.”

The claim also includes a “formal criminal complaint” that was sent to the Homeland Security Colorado liaison, the FBI, the Colorado Attorney General’s Office, the Colorado Elections Office, the El Paso County District Attorney, the El Paso County Sheriff’s Office and the Colorado Springs Police Department. Harris says three of those agencies have acknowledged receipt.

He said he filed the claim instead of a lawsuit because the claim first needs to be established before a lawsuit can be filed.

The “debtors” listed in the claim were given 10 days to respond. The claim was signed by Bubis and notarized on Aug. 1. Neither of the named parties responded.

Owen Loftus, a spokesman for Call, said the state GOP chairman does not plan on responding to the claim.

“There hasn’t been anything filed, and there obviously isn’t anything to it,” Loftus responded.

Hays said he also does not plan on responding to the claim, suggesting, “It’s nothing. I don’t know what it is, but it’s not a lawsuit.

“We’re trying to win this recall race and get ready for 2014,” Hays continued. “We still have a lot of things that’s got to get done.”

The El Paso GOP chair said he worked to ensure a fair and unbiased system in which Republican voters could choose who they wanted to represent them.

“I was trying to keep it fair and stick by my word, and I feel like I did that,” added Hays. “I’m sorry she has some misconceptions about what I did or didn’t do, but it was a fair contest. She lost, now it’s time to move on.”

Paradis declined comment, and Herpin’s campaign has steered clear of the issue.

High-profile endorsements

Before Bubis’ past came to light, she had received several high-profile endorsements, including that of Rocky Mountain Gun Owners, whose executive director, Dudley Brown, is a known political powerhouse in the Republican Party, capable of strategizing divisive and bitter primaries.

Bubis denies that RMGO approached her to seek the party’s nomination: “I did decide to do this all on my own because I was involved in getting signatures for the recall and I kept looking for a conservative that was willing to run and I kept talking to the Republican headquarters and saying, ‘Have you got anybody’… And they kept saying, ‘No…’” attested Bubis.

“I had no desire to run for office, but the more I thought about it the more I thought if good people didn’t step up then what we’re going to have is what we’ve always had,” she continued. “And so I decided I would do it.”

Brown declined comment when asked by The Statesman, responding “Won’t get one. Don’t even know about it.”

Bubis quickly gained the endorsements of Sens. Ted Harvey of Highlands Ranch, Kent Lambert of Colorado Springs, Vicki Marble of Fort Collins, and Reps. Janak Joshi of Colorado Springs, Chris Holbert of Parker, Justin Everett of Littleton and Steve Humphrey of Severance.

Two U.S. Senate candidates, Sens. Owen Hill of Colorado Springs and Randy Baumgardner of Hot Sulphur Springs, also endorsed Bubis. She also earned the support of former Sen. Dave Schultheis of Colorado Springs.

Her endorsers are also backed by RMGO, but those interviewed by The Statesman denied that the gun-rights group pressured them into making the endorsement.

Lambert simply wishes that Bubis were more transparent about her background.

“I should have vetted her more closely myself, but you know, I had no smoking gun to say, ‘Is everything you’re telling me true,’” said Lambert. “I thought she was a writer, she described herself as doing romance novels and so forth and part of a writing association that she was involved with, but I know nothing about romance novels. That’s way outside my experience… This was apparently more racy than I was aware that it could be. That’s not the type of thing I was prepared for.”

Joshi does not regret his endorsement, pointing out that the information about Bubis came out after he offered his support.

“That was then and this is now — it’s two different situations,” he said. “We endorsed her for her principles. She worked hard for the recall… Now she’s no longer the candidate, so I don’t pay any more attention.”

Harvey had a similar response, saying his focus now is solely on ousting Morse and electing Herpin.

“I vetted her as much as I thought was necessary and she had answered all of my policy questions to my satisfaction,” explained Harvey.

“It’s irrelevant to me what people think,” he added. “The goal is to beat John Morse.”

For her part, Bubis acknowledges that she could have been more forthcoming: “I may not have been as detailed as I could have been and should have been,” she said.

“But frankly, ‘Beantown Heat’ had been out there for 10 years…” Bubis continued. “I was hoping that it would never show up because it was embarrassing. But I frankly didn’t give it any thought.”

Peter@coloradostatesman.com