[PDA] Kerry Update RE: Ohio Lawsuit

[paineinthearse]

By email.

Dear Friends,

Last week we sent an email asking you to contact Senator John Kerry urging him not to withdraw from the Ohio recount case pending in federal court in Ohio. Since then, many of you have taken action and have voiced your concern to Senator Kerry. Thank you. Your voices are critical in the ongoing struggle to protect the right to vote. Some friends have responded by asking for further information or have suggested that the fight in the Ohio recount case is no longer worthwhile. We write to address these concerns.

Is Senator Kerry planning to withdraw from the case?

While not yet confirmed by Senator Kerry, Congressman Conyers and others have received credible information that Senator Kerry is preparing to withdraw from the recount case. Today, Congressman Conyers posted the letter we referred to last week on his blog (click on the word "wrote" in his blog statement to access the original letter): http://www.conyersblog.us/ (see DU http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=2028152&mesg_id=2028152 )

Next Tuesday, August 30, Senator Kerry's lawyer will need to appear before Federal Judge Carr in Toledo, along with the other lawyers in the recount case. We will know by that point whether Senator Kerry intends to stay in the case. We may know earlier if he seeks to withdraw by filing papers doing so. What we know today is that your pressure is having an impact and we must keep it going. Please continue to call/email/send letters to Senator Kerry urging him to remain in this case and to join the amended counterclaims. Here again is Senator Kerry's contact information: http://www.johnkerry.com/contact/


Is fighting the Ohio recount case still worthwhile?

The struggle for the right to vote includes the struggle to ensure that all votes are properly counted. A recount is the procedure for doing that. If election officials resist our right to a meaningful recount conducted in accordance with basic constitutional standards, they trample on our right to vote. Senator Kerry must not withdraw from the Ohio recount case.

What is at stake in the Ohio recount case is whether recounts in federal (presidential and congressional) elections will be conducted in accordance with basic equal protection and due process as guaranteed by the US Constitution or whether they will receive the same kind of sham recount received in Ohio in December. For a fuller understanding of all of the serious violations that occurred during the recount in Ohio last December, see the amended counterclaims filed by David Cobb and Michael Badnarik at: http://www.nvri.org/about/ohio_cobb_badnarik_counterclaims_123004.pdf.
These amended counterclaims raise major constitutional concerns. David Cobb and Michael Badnarik are to be congratulated for continuing to press this fight for all of us. Senator Kerry should continue to stand by their side.

Thank you for all you are doing to ensure that recounts matter and that all votes are properly counted.

Keep on,

Tim Carpenter
Director, PDA

[rodeodance]

1. done.

[caligirl]

2. sent one this morning. Looking at the parallel election

results in San Diago (Raw Story has it tonight) I hope he doesn't pull out.

[crikkett]

3. kick!!

:kick: voted up

[kerrygoddess]

4. PDA took Conyers out of context AGAIN! WTF?

I posted Conyers post today on my blog - he said:

"That is why I have been so proud of the Kerry-Edwards campaign’s ongoing involvement in the investigation and litigation of what went wrong in Ohio." - http://blog.thedemocraticdaily.com/?p=321

He said nothing about K/E pulling out. Nothing.

[zulchzulu]

7. I can see where this thread author's intentions are going

From what I've seen and read on this case, it's a lose/lose situation for K/E. New filings and another effort at another investigation are needed...but if K/E pull out of this poisoned case, the whining and obvious chance at Kerry-bashing will "flourish".

Taking Conyer's letter out of context shows the real intentions of the author, imho.

[fedupinBushcountry]

21. BINGO !!!!

EOM

[Nothing Without Hope]

5. kicked and nominated n/t

[Melodybe]

6. Done, kicked and nominated

[Mass]

8. From PDA's blog, an honest evaluation of the situation.

and a concrete explanation of what is happening (I'd still like to hear who is this source, but I guess we will see if they are right for this specific lawsuit on Aug 30). For the two other lawsuits (those to insure that you can ACTUALLY vote (which is kind of necessary), note that PDA himself confirms that Kerry is not withdrawing from these suits.


http://blog.pdamerica.org/?p=209#more-209

The struggle for the right to vote includes the struggle to ensure that all of our votes are properly counted. A recount is the procedure for doing that. If election officials resist our right to a meaningful recount conducted in accordance with basic constitutional standards, then they trample on our right to vote. This violation is as egregious as the violations that occurred prior and on Election Day 2004 in Ohio. We applaud Senator Kerry for continuing his involvement in cases dealing with the long lines at polling places and with challengers to those who sought to cast their vote. However, his continued involvement in those cases does not excuse a withdrawal from the recount case. We can and we must fight on all fronts to protect and preserve the right to vote.

As we stated in our email last week, what is at stake with the Ohio recount case today is whether future recounts in federal elections (presidential and congressional elections) will be conducted in accordance with basic equal protection and due process guarantees under the US Constitution or whether we will receive the same kind of sham recount that we received in Ohio in December. For a fuller understanding of all of the serious violations that occurred during the recount in Ohio last December, see the amended counterclaims filed in this case by David Cobb and Michael Badnarik:

http://www.nvri.org/about/ohio_cobb_badnarik_counterclaims_123004.pdf

These amended counterclaims raise major constitutional concerns. David Cobb and Michael Badnarik are to be congratulated for continuing to press this fight for all of us. Senator Kerry should continue to stand by their side.

Thank you for all that you are doing to ensure that, in future elections, recounts matter and that our votes are properly counted.

Keep on,

Kevin Spidel
National Political Director, PDA

[paineinthearse]

9. Thank you. I just wish Kerry's campaign/personal website were as

...transparent as Henry Waxman's or John Conyers'. For an example, see what they do on their (Dem) House Reform & House Judiciary Committee websites (http://democrats.reform.house.gov/ & http://www.house.gov/judiciary_democrats/, respectively), or Conyers' personal site, www.johnconyers.com. In the HJC site is a "latest news" area listing every significant letter, petition and development.

August 23, 2005 Text of Letter from Reps. Conyers and Bordallo to DOJ IG Fine Concerning the Demotion of Federal Prosecutor Investigating Jack Abramoff
August 23, 2005 Text of Letter from Several Members to GAO Comptroller Walker Requesting Review of US Asylum System
August 17, 2005 Text of Letter from Reps. Conyers and Hinchey to DOJ IG Fine Concerning Former Attorney General Ashcroft's Conflict of Interest in the CIA Leak Investigation
August 11, 2005 Text of Letter from Rep. Conyers Concerning the Non-Response to the Downing Street Minutes Freedom of Information Act Request
August 10, 2005 Text of Letter from Several Members of Congress to the President Concerning a Meeting with Cindy Sheehan

Kerry should be posting every filing and development that is in the public domain. Before I get slammed, I will repeat, IN THE PUBLIC DOMAIN. By this I do not mean strategy and legal manoevering.

Why is he being so close-lipped? His lack of disclosure and candor make (former) supporters suspicious.

[Mass]

10. I'd wish Carpenter was as well.

According to his email, it seems that there is no other lawsuits or that Kerry may be pulling out of all.

In addition, Conyers does not say in his blog and letters what Carpenter says it says.

May be Kerry is not that great at updating his websites, but at least, he tries to be thorough in what he says.

As for myself, I try not to second-guess people (lack of candor).

[LittleClarkie]

11. Kerry Update re: the Ohio Lawsuit -- da udder side

"Kerry conceded because he lost the popular vote, and with that, the ability to legitimately/politically ask for an immediate recount.

He never intended to NOT investigate the vote, particularly in Ohio. But I saw the email from his campaign manager in Ohio--the one that said there was no evidence of outright fraud AT THAT TIME.

No one sat around--there was a huge amount of investigation--and much has come to light over time.

I understand that, had they been able to get anyone to come forward with proof, they would have called for an investigation before the vote was certified in January.

I also understand that John Kerry has supported the investigation of all legitimate concerns about the 2004 elections. He knows what happened.

There were, apparently, three lawsuits in Ohio. The one that PDA is asking people to complain about is the first--the Badnarik-Green lawsuit. It is not a strong case. Lawyers have advised that this one is not winnable.

There are TWO MORE LAWSUITS and THEY are going forward. The second and third lawsuits are, according to my sources, based more on the civil rights issues and Kerry-Edwards are indeed part of these suits.

It is also my understanding that more evidence has come out, and perhaps, some testimonials from observers within the state, with evidence. Ohio is not over. And John Kerry has not stopped fighting.

He never has and he won't. He is a quiet warrior, but he is a warrior.

You can take that to the bank--and the other blogs. Thank you."

[Mass]

12. Even when it is posted on pda blog, they do not care...

but thanks for trying.

[LittleClarkie]

13. Whenever the one side is posted

I will try to be there with the other side. Cause each issue has one, ya know?

[KittyWampus]

15. well, the "other side" is premised by a bogus assertion- that Kerry needed

the popular vote to ask for a recount in Ohio.

[Mass]

16. Kerry asked for a recount in Ohio - If he did not, he could not withdraw.

If he is not part of the lawsuit, what the heck is Carpenter talking about?

[KittyWampus]

14. Losing The Popular Vote Did NOT Make A Recount Unfeasible By Any Means

there is no way to make that case.

It is bogus.

The US Constitution clearly states how our President is elected. And it's not by popular vote.

Both candidates needed Ohio to win the electoral college. If there was a problem with the way the votes in Ohio were cast or tabulated, then Kerry should continue onwards demanding accountability.

[Mass]

18. No idea what you refer to?

See my answer 16.

[OzarkDem]

17. But the key issue in the Badnarik Green lawsuit

that voters are entitled to thorough recounts in elections, is worth arguing, isn't it?

[Mass]

19. No, the other lawsuits are AS important

They refer to WHETHER YOU ARE ALLOWED TO VOTE OR NOT.

I am not saying that the recount case is not important, but dont minimize the two other ones.

If you are blocked to vote (as so many people in Ohio were), what good is a recount to you?

So if you are rich and white, you have the right to vote and to be recounted, but if you are a minority or poor, your vote does not matter?

Think a little bit before you write, because I dont think this is what you meant.

[LittleClarkie]

20. And if your vote was flipped by a machine

what good is a recount to you.

The K/E part of the GLIB lawsuit was to get at the evidence. They must have a reason for thinking that they won't win, or they wouldn't be pulling out.