OH Sanctions = Unitended consequence is more fraud documentation

[L. Coyote]

Ohio Attorney-General's attack on election protection attorneys draws mountain of documentation on state's stolen election, including new study on exit polls
by Steve Rosenfeld and Harvey Wasserman
February 3, 2005

Stiff legal sanctions sought by Ohio's Republican Attorney General James Petro against four attorneys who have questioned the results of the 2004 presidential balloting here has produced an unintended consequence -- a massive counter-filing that has put on the official record a mountain of contentions by those who argue that election was stolen.

In filings that include well over 1,000 pages of critical documentation, attorneys Robert Fitrakis, Susan Truitt, Peter Peckarsky and Cliff Arnebeck have counter-attacked. Their defense motions include renewed assertions that widespread irregularities threw the true outcome of the November vote count into serious doubt. That assertion has now been lent important backing by a major academic study on the exit polls that showed John Kerry winning the November vote count.

http://www.freepress.org/departments/display/19/2005/1138

[floridadem30]

1. thanks for the post. n/t

[Last Lemming]

2. The only bit of good news there's been in a while n/t

[NationalEnquirer]

3. It's been disheartening, but any ray of light helps n/t

[SaveAmerica]

4. Someone on here called it when Petro first filed this, thanks for

giving the Fab 4 a chance to let it all hang out.

[merh]

11. I proudly admit that I called this when news first came of Petro's

revenge! Heeeeheeee! I love it, I knew this would be the positive side of Petro's hatefulness. Be careful what you ask for, you may get it mister petro! :evilgrin:

[SaveAmerica]

14. Who are you calling for the Superbowl? : )

My $$ is on the Patriots to go with the Sox and Kerry.

[merh]

15. I'm with you, of course, we have to worry that the officials have

not been bought! The only reason Kerry lost was because of the officials. Thank God the umps during the series were honest and impartial!!!

[Pacifist Patriot]

27. We already had a Massachusetts sweep in 2004.

New England Patriots started it off last February! But hey, who am I to root against my Pats for a two year "dynasty?" ;)

[Last Lemming]

5. not a lawyer here

what is the legal status of the Ohio election. Is this the only suit going? Whee does it go from here? Is there any chance that "all the votes will be counted?"

And what's with this "fair and square" bullshit when it's horribly obvious that the situation is quite otherwise?

[merh]

13. As of today, the Ohio election is over.

The investigation into fraud continues. Litigation filed by Glibs (Kerry/Edwards campaign joined in) is pending in Ohio Federal Court seeking discovery and depositions, they have requested that the court enter an order allowing them to have the voting equipment independently inspected.

And of course, Petro's sanctions attempts that provided a forum to the Ohio 4.

[Nothing Without Hope]

6. Fitrakis, Rosenfeld & Wasserman have done it again

with this latest in their continuing series of superb investigative reports on the 2004 election fraud/vote suppression. (Fitrakis' name isn't on this installment, but he's involved in all of this work.) I'm delighted to add this one to my collection.

The plot is definitely thickening. Blackwell is such an utter fool in what he has done from the start, I wonder whether his being chosen by the GOP to supervise the stealing of the Ohio election was a mistake, or whether someone deviously clever thought that he would be SUCH a blatant fool that he could be used to take the fall if anything happened.

The statistical analysis report by the expert statisticians - also part of an ongoing series of studies, most by Dr. Steven Freeman -- is a must-read for all people concerned about the election fraud. It isn't very long, and it is dynamite. When combined with the physical evidence of fraud -- state by state, county by county -- the evidence is going to be overwhelming. The foreign press has apparently already started talking about the implications of the statistical work.

The blivet**, Mr. Bring-Democracy-To-Oil-Rich-Countries, stole the 2004 election as he did the 2000 one, and the evidence grows every day.

The latest report signed by Freeman and the other statisticians and calling for investigation of the 2004 election is here:
http://uscountvotes.org/ucvAnalysis/US/USCountVotes_Re_Mitofsky-Edison.pdf
It is "explained" by Bruce O'Dell in a Free Press article published Jan 31 available here:
http://www.freepress.org/departments/display/19/2005/1137
and was discussed in this DU thread:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x311138
As I said, the statiticians' report (or at least the O'Dell explanation of it) is a MUST READ. Steven Freeman's web page containing links to PDF files of his presidential election work is here:
http://www.appliedresearch.us/sf/epdiscrep.htm

Nominated for the DU Home Page. This is an important step, and people need to read the key documents to understand what is happening.

[ottozen]

7. What choice did they have?

Attorney General's request for sanctions should make television show of this country's dumbest criminals.

[Joe Chi Minh]

10. Ha! Ha!

The week's centrepiece.

[emlev]

8. kick

[loudsue]

9. This is great news!! At which point will they get Kerry involved?

When foreign countries announce that, due to the uncovered election fraud, they will no longer recognize the chimp as president??

Ok O8) I'm just wishing!! But, THEY SHOULD announce such a thing! If the whore media in the U.S. wouldn't report it, it would slowly leak out anyway.

:kick::kick::kick:

[merh]

12. Gosh, wouldn't that be great if other nations made such an

announcement! Sadly, they are terrified of our clown-n-chief, they know that he would nuke them if he thought it would garner their support or respect. They know he is crazy!

[troubleinwinter]

16. Great article, thanks. AND...

on the page with the article is a place to donate for defense of the Ohio 4 and to help them deliver the evidence of Election Fraud in Ohio. Upper right on the page.

http://www.freepress.org/departments/display/19/2005/1138

[newscott]

17. Here's the thing for me, though.

Won't the Supreme Court in Ohio, either just dimiss all the evidence or have it suppressed so that it will not be in the permanent record for Ohio?

Just a thought.

[Last Lemming]

18. Can you 'suppress' evidence?

I mean you can dismiss a case but can you "supress" it?
Doesn't this go to Fed Court at some point (ie Clinton appointed)?

[ottozen]

20. By asking for sanctions, the Ohio Attorney General

launched an attack on the ethics of counsel for Moss, which, I believe, means that there must be a hearing to determine whether or not the action was "frivolous". For the action to be frivolous, either it was not a reasonable action under existing law, or it was in no way likely to succeed under an argument for extending existing law or deciding new law (a reasonable theory for change from precedent). It cannot be dismissed without a hearing unless Arnebeck et al acceed to such dismissal. This was a slander of the counsel for Moss on a professional level which they must be entitled to defend.

That's my take on it.

I really don't think that the likelihood of success with respect to evidence should enter into the matter. Nevertheless, the ball is squarely before the judge in the matter, and who knows what his reasoning may allow.

And yet, the judge will have to read the documents and evidence, which, initially he prevented from coming before him, procedurally.
Having read it and conducted a preliminary hearing, he may allow further evidence to be gathered under the umbrella of the court, particularly if counsel for Moss has cross-complained for sanctions against the attorney general. It may not be decidable until the best truth available is determined. Let's hope.

My question is whom does the attorney general represent in the action, and when did the attorney general begin to represent that party? Maybe, under Ohio law, the attorney general can jump into any case he decides to, if he feels it necessary to sanction counsel, or maybe he's acting as a "whistle blowing" individual attorney who happens to be attorney general, and feels that he is duty bound to point out an ethical violation under the ethical rules.

[ottozen]

26. after reconsidering

Since Blackwell is the party, attorney general his lawyer, Blackwell is extrapolating "frivolous" use of court as a dilatory process, which had no reasonable hope of success from, say mortgage foreclosure type of action for example. A postponement of the inevitable. Then, the question might be, what is the real interest to be protected? Is it the voter's right to have the vote cast counted? Or is it something else, which would require a reasonable probability of changing the election's outcome. Then, the issue might be whether a person's vote has any legal meaning at all, in the context of the presidential election.

Since the attorney general might be expected to represent voters who were disenfranchised by the actions of the Secretary of State, why has he stepped forward as the "personal" attorney of the Secretary of State? The argument is probably a financial one, which then places the votes, which may or may not have legal standing, as subservient to the State of Ohio's financial consideration in having to pay to defend the law suit.

I wonder if there might be a way to raise a constitutional question with respect to the right of a person to vote for president and the right of the collective vote to be determinative of the outcome of the presidential election.

If this case rose to this level, then it might be necessary to find out all information with respect to the vote in Ohio. Clearly, it is not in the People's best interest to have their actual intent repeatedly stolen, obfuscated and thereby removed as the critical element in determining the outcome of the election. Thus, if it is ultimately proven that the actual vote was substantially different from the vote reported, it would become clear to all that it is necessary to resolve this matter effectively and permanently.

[nodictators]

19. Curiously, Franklin County, OH has disappeared their 2004 results

As of yesterday, 3 months after the general election, the 2004 results were "not available" They weren't available over the past weekend either. Election results from earlier elections were available.

Franklin County includes Columbus.

The link below is for the 2004 results. Still not available

http://www.co.franklin.oh.us/boe/content/election/results1.html

[ottozen]

21. Which may be interpretable as evidence.

The absence of evidence in this case should be construed against the entity that has benefited from its use. However, because it is not posted, does not necessarily mean that it does not exist. The court could order it to be turned over in the exercise of its discretion.

[Wilms]

22. Wow. That qualifies as it's own thread.

Wow.

[texpatriot2004]

23. Oh what a tangled web we weave when at first we do deceive.

[bush_is_wacko]

24. This will be marked in history and two years from now i think we might

just be able to IMPEACH the bastard! All I can say is LEAK, LEAK, LEAK! MSM will eventually get the picture and start reporting it!

[Wilms]

25. kick n/t