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In reply to the discussion: Ohio SOS has CAVED!!! [View all]

onenote

(46,137 posts)
25. No.
Sat Sep 8, 2012, 07:42 AM
Sep 2012

I can't think of a single comparable case in which an official would have been held in contempt. The order didn't contain a specific deadline to comply and even the administration's motion asking the court to direct Husted to act didn't seek any sanctions against him. Based on thirty years of experience, this is playing out precisely as I would expect. Husted takes advantage of the lack of specificity in the order. The administration calls him out with a motion. The judge sets deadlines for Husted to file a written response and sets a date for a hearing on which he can consider factual and legal arguments as to what and when the state needs to do to comply with his order. The state appeals the underlying order and, after being called out by the administration's motion, rescinds its original directive (which still doesn't put the state in compliance with the court's order) and formally asks for a stay pending the appeal (which has been put on an expedited schedule) and the judge gives the administration a deadline to respond to the stay request. The hearing, as far as I know, will go on as scheduled next week and at that time the judge will decide on a schedule for compliance with his order. Hopefully it will be a short schedule. If the judge doesn't stay his order, then the next move will either be for Husted to issue instructions to the local boards to set a uniform schedule of voting hours for the 3 days preceding election day or he may decide to ask the court of appeals to stay the district court order.

There is a lot of legal maneuvering left. But contempt isn't in the cards unless the court orders a specific deadline and without a stay in hand from the appeals court, Husted ignores it, something which i doubt is going to happen.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Ohio SOS has CAVED!!! [View all] CatWoman Sep 2012 OP
good news surrealAmerican Sep 2012 #1
"misimpression" my ass. hobbit709 Sep 2012 #2
My interpretation.... FarPoint Sep 2012 #3
The way I see it CatWoman Sep 2012 #6
Thats how I see it as well Egnever Sep 2012 #9
Ohio Secretary Of State Backs Down On Early Voting CatWoman Sep 2012 #14
Right this is not a done deal yet by any means Egnever Sep 2012 #19
Rev. Al will be discussing this in a few minutes CatWoman Sep 2012 #20
Possibly, he realized his stock in the promise Romney cabinet appointment Brother Buzz Sep 2012 #4
National Guard Troops are people, my friend. RagAss Sep 2012 #5
LOL jsmirman Sep 2012 #23
I think.... mojo2012 Sep 2012 #7
Maybe I am reading that wrong but that doesnt sound like caving Egnever Sep 2012 #8
That's the way I read it... trying to weasel out of a possible contempt citation while gkhouston Sep 2012 #10
a hearing is scheduled next week as the federal judge DEMANDED the SOS appear before him CatWoman Sep 2012 #12
Yup, and I bet that's still on. n/t gkhouston Sep 2012 #15
the 13th CatWoman Sep 2012 #17
The 31 Aug appeal predates the judge's summons. longship Sep 2012 #22
He reversed himself on the directive to boards on what to do in the meantime. eomer Sep 2012 #24
He petitioned for a stay pending appeal. LiberalAndProud Sep 2012 #11
of course he did CatWoman Sep 2012 #13
k&r... spanone Sep 2012 #16
Back in the day of reality, would he NOT have been held in contempt? Ship of Fools Sep 2012 #18
No. onenote Sep 2012 #25
So is this a win or a loss for Husted? Zalatix Sep 2012 #28
He probably didn't score any points with the judge onenote Sep 2012 #29
Thanks for the education! Ship of Fools Sep 2012 #32
shoot...i wanted to see him go to jail DonRedwood Sep 2012 #21
But not before he mailed every registered voter a list of times that did NOT include the weekend mtnester Sep 2012 #26
When was that mailing sent out to voters? onenote Sep 2012 #30
After..clearly contempt mtnester Sep 2012 #33
All this is doing is keeping Husted out of jail so he can oversee further voter fraud. liberal N proud Sep 2012 #27
There they go again november3rd Sep 2012 #31
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