Analysis of Kerry/Edwards Motion to Intervene - SCAM-O-RAMA

[gdub]

FROM SCAM-O-RAMA (http//:scam-o-rama.blogspot.com):

Today, the Kerry/Edwards campaign filed a motion to intervene in Federal court in connection with a recount effort involving the 2004 presidential election. The anticipated Kerry/Edwards action follows a ruling this past week by the Republican-dominated Ohio Supreme Court that lays groundwork for procedural delay and ultimate dismissal of a separate challenge of election suit brought by a public interest group in Ohio Supreme Court. The contest of election suit alleges wide spread fraud and voter disenfranchisement in the Ohio presidential and Supreme Court elections and asks for the Ohio Supreme Court to vacate the election results.

The new development from the Kerry/Edwards camp is significant and critical to the investigation of potential fraud in the 2004 General Election. Without additional involvement by the Kerry/Edwards campaign in the recount process, the recount investigation in Ohio may be over, with the “official” recount results showing John Kerry picking up only 242 votes against George Bush.

The stakes are higher than may be readily apparent. A dismissal by the Ohio Supreme Court at this juncture would effectively end the investigation into allegations of fraud in the 2004 General Election. The evidentiary record will begin to deteriorate and to be lost completely. The likely result is the suppression of any further questions concerning the legitimacy of the Presidency of the United States amid wide spread and credible allegations of fraud, conspiracy and corruption.

MORE:
http://scam-o-rama.blogspot.com

[Liberty Belle]

1. Ohio: Rally in front of your Supreme Court!

How do you get rid of bad Supreme Court justices in Ohio? Recalls? Impeachment? Find out--and carry signs threatening to oust any crooked judges who toss this suit!

[Quakerfriend]

4. You go L.B.! Wish I could be there!

This is where we need to ratchet up the heat!

[Liberty Belle]

35. I'm in California. Sorry, can't. But I'm rallying in San Diego!

We had 150 people for a protest the vote rally last week, and we're hoping for several hundred or more on Sunday. Donna Frye may even show up to speak.

[Radio_Lady]

2. gdub, good analysis. I liked this blog. Thanks. n/t

[Pacifist Patriot]

3. Chilling read, just chilling.

[NMDemDist2]

5. sent this to all the District Dem Party Chairs I know personally in AZ

asking them to put pressure on the National Party to cough up some $$$$

[GetTheRightVote]

6. I'm glad to see them join in on the fight, now Repubs are not going to

get away with their dirty tricks during our election this year.

:grr:

[IndyOp]

7. Wow - An excellent read for Smedley Butler fans!

If Republican gains in 2000, 2002, and 2004 are indeed illegitimate, won through organized fraud, the implications are blood curdling. Faced with this possible scenario, a reasonable person could conclude that the United States is in the final throws of a silent coup d'etat perpetrated over the past four years by a small minority of corporate-backed ultra-conservative interests. In effect, the United States is undergoing an invisible fascist revolution, and no one seems to notice or care.

This scenario may seem sensationalist and far fetched. However, 20th century American history provides evidence of at least one previous secret fascist attempt to take control of the US government. In the early 1930s, a group including some of America's wealthiest industrialists and bankers plotted to overthrow the government of President Franklin D. Roosevelt (FDR) and replace it with a fascist dictatorship. The whistleblower who exposed the fascist plot was a U.S. military hero named Major-General Smedley Darlington Butler.

In 1933, the year Hitler took control of Germany, some of Wall Street's top financiers sent representatives to recruit the recently-retired General Butler into a fascist coup d'etat to overthrow FDR. Butler played along in order to find out who was behind the scheme and then, in 1934, he testified under oath before the MacCormack-Dickstein House Committee that was examining Nazi propaganda in the United States. Butler named names and exposed the key fascist plotters. He also identified a high-powered, business organization, the American Liberty League, as the "super-organization" behind the plan for an American coup.

Thanks to General Butler, this Wall Street plan to subvert U.S. democracy was thwarted. The list of individuals known to be behind the attempted American coup in 1934 included some of the nation's most powerful corporate leaders, including the du Ponts (du Pont Co., General Motors), Nathan Miller (US Steel), Andrew Mellon (Gulf Oil, ALCOA), the Rockefellers (Standard Oil), Ernest Weir (National Steel), Alfred Sloan (General Motors), Howard Pew (Sunoco), William Randolph Hearst (Hearst Newspapers), JP Morgan, Jr. (JP Morgan Co.), and, ironically, Howard Heinz (HJ Heinz Co.), great grandfather of Theresa Heinz Kerry's first husband, Republican Senator John Heinz.

On edit: Added 4th paragraph!

:kick:

[Clark2008]

10. Fantastic history lesson

Thanks for posting this.

Funny how they don't teach this stuff in school, isn't it?

[bunny planet]

11. Damn, where is Major-General Smedley Darlington Butler when you need

him? Can we get one of those Smedley guys for our cause, no lie, we need one. No kidding. We need a whistleblower badly (I'm hoping they have one underwraps already as the secret weapon in this election fraud investigation).

[lostnfound]

14. I've also felt that * in 2000 and/or 2004 was the fruition of..

the 1934 coup plot foiled by Butler.

[Zan_of_Texas]

19. This is an outstanding summary of that historic plot.

I spent a fair amount of time researching the plot to overthrow FDR, and that bit you quoted above catches the essence of it.

The whole tale was hushed up, and CERTAINLY is not taught in school. I was stunned to find out such an important episode in history is unknown to people -- even ones who were alive at the time don't know about it.

If anybody wants to know more, I'll start a new thread on it with some links.

Only thing wrong with the article is he got the head of Triad wrong. The founder's name is Tod A. Rapp. The current head is his son, Brett A. Rapp.

[IndyOp]

21. They certainly do NOT teach this in schools --

The article linked above is the very first time I heard of a plot to overthrow FDR.

I became a Smedley Butler fan after reading the excellent 'political cartoon book' "Addicted to War" -- I highly, highly recommend it to everyone!

<http://www.addictedtowar.com/>

:kick:

[KansDem]

40. This incident served as a plot for "City of Angels" (1976)...

The TeeVee series Wayne Rogers starred in after leaving M*A*S*H. There was one program consisting of 3 parts where Rogers discovered a neo-Fascist plot to overthrow the US Government.

Occasionally interesting private eye thriller, set in '30s LA, with Rogers investigating the murder of a starlet's lover and uncovering a plot to overthrow Roosevelt's government. With the film cobbled out of three episodes of a TV series called City of Angels, the weakly wisecracking, sub-Chandleresque script poses problems, as does Rogers' bland performance. But the political insights are intriguing in their tentative equation of the more conservative elements in American society with similar tendencies in Fascist Italy. GA

http://64.233.179.104/search?q=cache:Y5Ege2blPccJ:www.timeout.com/film/63597.html+%22city+of+angels%22+%22wayne+rogers%22+lloyd+nolan&hl=en

AND...

"LITTLE DID I REALIZE THE TWO HOURS I spent inventing 'The Fugitive' would be like inventing -- the wheel!" It's Roy Huggins (86) recalling to me that he'd retained the movie rights when giving Quinn Martin the TV rights to the show that debuted in '63, winding in '67 with its final show getting a 72 share. Of course, then came the Arnold and Anne Kopelson blockbuster featurefeature, and they're now shooting their new TV series version (currently in Savannah ) with star Tim Daly. And now, Huggins reveals to me, "The reason I sold them the movie rights was to retain a huge percentage of the TV rights." He says he's been invited to work on the series for which 10 scripts have been completed -- he's read 'em and says they're quite good. Huggins said he was interested to note Oliver StoneOliver Stone's plans to feature film the plot to destroy FDR. Back in 1976, Huggins and Steve Cannell filmed "The November Plan" as the pilot for their "City of Angels""City Of Angels" series staring Wayne Rogers. It was about a conspiracy of Brownshirts in 1933, during the FDR administration, that tried to get Gen. Smedley Darlington Butler to take over the country. The general KO'd their plan ... The real JAG (Judge Advocate General) Adm. D.J. Guter dined with "JAG's" creator-exec producer Don Bellasario at Spago taking a special guest appearance on the show this season. During the series' five seasons, Bellasario has endeavored to show a positive image of the U.S. Armed Forces personnel.

http://www.variety.com/article/VR1117784496

Turns out this plot served as the pilot for Rogers' short-lived series (only 11 shows, including "The November Plan," were produced).

I believe this series was inspired by the movie "Chinatown."

[gdub]

41. This is great, thank you

The truth is stranger than fiction side of life is important to reflect upon as frequently as possible, if only to keep from going crazy.

I will look up the screen credit references to see what there. Thanks again for this!

[Zan_of_Texas]

48. Oh, and I forgot.

In the movie, "The Corporation," which is excellent and you should all see -- there is a segment about the attempted coup against FDR.

[genieroze]

20. Butler was a Republican. eom

[ElementaryPenguin]

8. Thanks. Great article!

:bounce:

[DELUSIONAL]

9. This is a great source -- I've forwarded the link to my mailing list

Not everyone can monitor the Internet news -- especially the breaking news. I would guess that each of us represent a dozen or dozens of others that we keep informed of key information that the Main Stream Media is covering up.

[art3]

12. Wha?

so what does this really mean? kerry has waded again a bit deeper into the waters. how excited should I be here? I guess I will have to wait until Jan 6th for a challenge, no?
art

[crispini]

18. Hi, art.

:hi: Welcome to DU!

How excited should you be? There are essentially two schools of thought on this board: 1) something big and cool is coming soon that will overturn it. 2) nothing will over turn it, but these cases are laying the groundwork for a future exposure of corruption, possibly W's "Watergate II."

Anyway, welcome! :)

[gdub]

28. Crispini, that's a good take on things

You hit the nail on the head as far as I am concerned. I am definitely advocating #2, which comes from spending too much time hanging out with Republicans

[crispini]

13. psst, gdub, it's "throes" not "throws"

in "the United States is in the final throws of a silent coup d’etat perpetrated over the past four years by a small minority of corporate-backed ultra-conservative interests."

just thought you'd want to know.

[gdub]

16. my editor is on vacation. thanks for this!

[Amaryllis]

31. Brillliant article.! Typo on partiotism. :) Can't tell you how many

times I've thought that this must be what people who could see the writing on the wall felt like watching Hitler rise to power.


Typo in third sentence:
Today, it is ironically the reverse that may have come to pass. The Bush administration and the military-industrial and corporate interests that the Bush administration represents have used the September 11 attacks as a pretext to bring the United States into a war with Iraq. By leveraging public opinion on the basis of partiotism and national defense, the fascists have, apparently, accomplished what they had originally set out to do. This time, however, they did so by taking a page from the playbook of their opponents.

[Pithy Cherub]

15. Very interesting reading!

Compelling, in a horrifying way, that it is actually happening.

[Alizaryn]

17. So...if the motion is rejected, then what?

Does activism include finding methods to acquire voting machines through whatever method necessary and having them examined? If justice is gone, if there isn't any hope in our laws to protect us then what? (Great article)

[gdub]

22. It is unlikely that the motion will be rejected

Sargus is a Clinton appointee and ruled in favor of the previous Kerry/Edwards motion to order the Delaware Country recount to proceed.

The bigger picture here is that the Arnebeck and Cobb/Bandarik suits in Ohio must be seen, and worked, together. That's how Republican's do it! I know, because I have been in that position!

In addition, the Ohio suits must be coordinated with the other State actions. While I admire the work of the Cobb/Bandarik campaigns, why doesn't Kerry/Edwards take a role here. Presumably they still have +/- $10m and some of the best democratic-leaning lawyers money can buy?

[Alizaryn]

24. Many unanswered questions.

I can only guess what their reasons are just hope that they are sound ones. Thanks for some hope!

[KoKo]

33. Thanks much for this post. It pulls it all together, nicely. But, it is

chilling in the implications of perhaps why Kerry has been so reluctant to be more agressively supportive..

It's an excellent read because many of us on this site and around the country have never accepted the results of "Selection 2000," or the Midterms. Our research and guts and common sense have been sending alarms that something was very wrong and being covered up. For those of us who've been around since Nixon...or before then it's really alarming.

This article connects dots for many of our suspicions..

I hope you are sincere in your efforts. Since you say you are a middle of the road Republican...I remain skeptical because you could be just as easily misleading us. But, as I said, we here who have been working on all this since 2000 and before when the RW went after Clinton are convinced that our Democracy is in peril. Whatever political party one belongs to, surely we should all be concerned.

I will take you at your word...:-)'s

[gdub]

34. Thanks

I am, in fact, personally sincere on this. Aside from that assurance, there should be nothing in the piece that is based on misleading or stretched facts, or leaps in assumption.

[davidgmills]

23. I'm a lawyer and I would like to see today's filing

Some of what this author is saying doesn't quite square with the way things work in Court.

If I could see the document maybe I could givbe everyone a clearer idea of what Kerry is doing and asking the court to do and maybe some indication of what I would expect a court to do. But so far I haven't been able to find one on the net. I found Cobb's original suit and have read it. Looking at both would be a real big help.

For what its worth, this is 27 years of lawyering talking and more trial cases than I care to count; numerous appellate cases as well; 99.5% of which were civil cases. I do both state and applellate work. Licensed in Texas and Tennessee.

[Alizaryn]

25. There is a link here to the filing.

http://www.truthout.org/docs_04/122804V.shtml

[gdub]

27. Yes, please shoot any holes in my piece that you can

That is the point of a marketplace of ideas. I am a lawyer as well (albeit a corporate lawyer). If something is misstated from a technical legal perspective, please point it out.

However, I would challenge you to refute any of the larger ideas that are proposed--such as the implications of the alleged fraud.

[IndyOp]

26. Kick

:kick:

[NVMojo]

29. Kick ...hoping this overrides the KO crap ....

[Paintedlady]

30. Thanks for you post

I sent a link to your site, to all my doubting and lazy friends. I believe this will at least make them stop and think.

[gdub]

32. I appreciate that because...

My whole perspective on this is as a skeptic. As I have shared, I am a Republican, pretty much middle of the road. Luckily, most of my close friends are "liberals" (as a result of a liberal arts college education in New England).

My belief, and that of my friends, is that if I can be convinced, there is a real problem that should be addressed.

I am tirelessly working on this in an effort to convince myself of the "truth." I look at each piece of "evidence" and "anecdote" and "opinion" with what I hope is a reserved, non-judgemental and analytical eye.

From where we stand now, I believe more than ever that something is radically amiss. Strangely enough, my fears may run more deeply than my "liberal" brothers and sisters, because I have worked within the Republican establishment as a political operative. I know how the other side works.

Good luck. Please pass it on to your friends. Scam-o-rama will continue to evolve. Its purpose at this juncture is to convince even the most stoic of skeptics that our country is in crisis and that we must, as a nation of individuals, act now to preserve our democracy and peace in the world.

[davidgmills]

36. My take on it

I think you are essentially correct. Most of my legal colleagues are Republicans as well and I know of several who are concerned. I would feel a whole lot better if there was a re-exit poll of Ohio that was extremely accurate. After all, it was the exit polls that got all this started and the question of their accuracy has been the subject of much debate. I have been proposing a highly accurate re-exit poll for a couple of weeks but so far the idea has not got much traction. Here's my most recent post on the matter. See the ones just above it as well.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=203&topic_id=203024&mesg_id=203456

By the way, glad to have you on the board and I hope they don't kick you off.

One more thing. I'm confused. Did you write the original article on Scam-o-rama or were you just posting it here because you were impressed by it?

[gdub]

39. Emmanuel Ortiz, the author of the piece works for me

He drives my car and shops for the groceries.

[peacetalksforall]

37. The key is education...I cringe at the time I've spent trying to find

answers. After studying the clues and evidence that Republican operatives have dumped on us, I formulate theories then try to prove them wrong because I just don't want to believe them. I am stil sensitive to the shock and realization that I am a target of 'mal'-reality and deception - by the wealthy and their operatives.

There are so many innocent, cynical, and disinterested people that must be brought on board. But, passing knowledge is a tricky job because of the shock factor....people just can't believe that they are the target of takeover in their own country by their own people.

The door to discovery opened with the 2000 theft. It seems the continuing bigotry and theft involved in the 2004 election is going tolead to successes - but the hard way - it has to be in spite of corporate broadcasting networks. Ordinary citizens who get it must work to educate ordinary citizens who prefer shopping and sports.

One thing that can be done is to organize the articles that are on the internet so that a citizen-discoverers can self-study. Another is book lists by themes.

The most important is the revelation that our own leaders have been utterly responsible for the thefts by allowing PRIVATELY owned voting machine companies to operate without oversight. And now they won't speak out except for a few.

The election fraud is the fault of all our leaders.

[impeachthescoundrel]

38. Pardon me if I am wrong

But I thought K/E filed in Federal Court?

[troubleinwinter]

42. You are right, but perhaps misreading the article.

The first sentence refers to the K/E Federal Court case. The second sentence refers to Arnebeck's Ohio Supreme Court case.

[davidgmills]

43. What is confusing to me

Is that there are two cases, both which started in state court and one which was removed to federal court.

All the talk of the last two days has been about the one which has been removed to federal court. I have seen a Kerry filing in the federal case and it was very short, relying on green/lib filings. It was not a blockbuster. I hope what I saw was not the one filed yesterday.

Also I am concerned because an Amicus Brief has been filed alleging that the federal court has no jurisdiction. The argument is made, and it appears to be strong on its face, that removal to federal court was improper, at least based on the grounds cited in the Amicus Brief. I happen to think there probably were good grounds, due to diversity of the parties, but the brief makes no mention of diversity, so I don't know.

Without seeing all the pleadings in both cases, it is really difficult to speculate about what is going on.

I don't know if it is right to speculate that the Ohio Supreme Court is going to dismiss it's case in short order or not. When I read that opinion several days ago, all I got from it was that the court was not going to expedite discovery. The court also wanted to know whether that case was moot since Ohio electors had already voted. Neither necessarily spells doom for the case but means that it is highly unlikely much will happen soon if the case is not declared to be moot.

[gdub]

44. Your analysis is helpful

Can you post the amicus brief?

Also, if you have the interest, I think we could all use someone here with trial experience to follow the developments in these two cases in particular.

I am a corporate attorney by background but now run a software company, and so do not even have access to the right services to easily follow developments.

I have an acquaintance at a major national monthly magazine who is planning an in depth piece on everything that is going on.

Do you have any interest in keeping in touch on this?

[davidgmills]

45. Legal Docs

Amicus Brief

www.miamedia.com/news/2004-12-17.landes.opposition.papers.pdf


Kerry Motion for Preliminary Injunction

www.moritzlaw.osu.edu/electionlaw/docs/Yost/kerry.pdf


Cobb Counterclaim with Exhibits (scroll down to bottom of page)

http://www.votecobb.org/press/2004/dec/pr2004-12-02.php


Hope this helps.

[Peace Patriot]

47. Thanks so much for these clarifications!

It sounds like the Arnebeck case is in some jeopardy, although I understand that the court asking a question doesn't necesarrily mean they will dismiss. And Arenbeck gets a chance to reply. Didn't he ask for a stay on the Bush Electors voting? It seems awfully unfair to deny that stay and then threaten to dismiss his case because the stay wasn't granted.

Sounds like the court is waiting upon the politicians (Congress). All the more strength to my argument that this IS a POLITICAL matter, more than a legal matter, that Congress has ultimate jurisdiction (and wide powers to solve any dispute), and that the public absolutely needs to be informed and mobilized--best of all would be the candidate (Kerry) speaking out--and he doesn't have to say Bush lost, just that Ohio election is invalid due to massive suppression of minority voters in violation of the Voting Rights Act.

I think it's the public's RIGHT to know what's going on here. It's THEIR votes, and THEIR "consent of the governed" that is being decided. Most Kerry voters don't even know this is happening, and, boy, will they be mad (also heartened) when they find out!

K/E needs to intervene in the Arnebeck suit!

On the Amicus Brief against removal of the Green Party (& Kerry) case to federal court: The BushCons will try anything. They have zillion dollar lawyers. They've probably left out our side's strongest facts and arguments. I've seen these kind of corporate briefs before--deception and omission are characteristic of them. If they have a bought judge, it gives the judge an excuse to dismiss. If they don't have a bought judge, it may be aimed at a higher level court where they DO have illicitly guaranteed favorable rulings. If they have a fair judge, they may try all sorts of intimidation tactics, in plain view or behind the scenes. We're dealing with major criminals here and their Mafia lawyers.

I know this latter part is all opinion--and beyond just trying to understand court proceedings--but we do need to keep the context in mind. These cases are resonant with political and worldwide implications, and go to the heart of our dying democracy.

It is simply UNBELIEVABLE that the whole nation is not hanging on every word. And it is a measure of just how far this fascist coup has gone when you can hardly find a word about it in any major U.S. news source.

[McCamy Taylor]

46. good site! thanks!