UPDATE ON KERRY FILING: The weather screwed them

[WilliamPitt]

They had intended to file on the matter previously posted:

http://www.truthout.org/docs_04/122404Y.shtml

...but got hosed by the snowstorm. The court was closed. They will file either Friday (doubtful, as it is Christmas Eve and I don't think the courts will open) or Monday.

In other words, they will file ASAMFP.

In the meantime, blast the media and your Senators. I have added an update to the original link above to note the weather issue.

[eleny]

1. Blasting done!

[Liberty Belle]

2. Damn. I thought surely God was a Democrat.

[Clark2008]

20. Maybe He is... and

he knew that the MSM wouldn't pick up the story over Christmas weekend.

:)

[Patsy Stone]

35. That's very good!

Peace! LOL. :)

[Nothing Without Hope]

65. Good one! N/T

[Amaryllis]

82. You never know till it all plays out...Frodo wouldn't have got the ring

in the fire if he'd killed off Gollum earlier on like lots of people thought he should have done. The "enemy" ended up being the vehicle to accomplish the task. Greater forces are at work here and we can't always see what's best in the short run.

[Goldeneye]

3. Thanks for keeping us updated.

[princehal]

4. With this news

And request to get access to the voteing machines, Christmas might be a very busy time for some triad employees.

Perhaps this is an um... push to get them to be even more stupid...

[understandinglife]

54. Sure hope some folk have cameras focused on their building...

....and parking lot (and have had for sometime, now). Wiretaps and snooping their net would be nice, as well (legally, of course).

Peace.

[SharonRB]

5. Once again,

it appears that G-d is on Shrub's side -- just like with the hurricanes. This really sucks. I'm sure they'll have to wait until Monday now. Tick, tick, tick...time is running out!

[renate]

83. there's one thing I know for sure...

...and that is that God is NOT on Shrub's side!

[Eye_on_prize]

6. Wm., can you comment on whether this makes any difference , i.e....

.. overall timing of the challenge? Is this necessarily 'bad' news or is it six one, half-dozen the other?

[WilliamPitt]

9. Sooner is always better

but this is one of those things that you can't help. It wasn't incompetence, iut was goddam snow.

If people notice a great bonfire of voting machines over the weekend, though...well...

[babylonsister]

33. That's what's concerning me. Now that

Triad has a heads up, can they do any more damage?

[Karenca]

7. Courts are open Christmas eve day. nt

[Gloria]

8. I think this a Federal Court filing, right? So, it's timing really

doesn't have any bearing on the Moss case. From what I understand, if they file Monday it will be OK.

[Griffy]

10. No problem... after Xmas is better timing... let the holiday end.. nt

[Niche]

21. Yeah, those nasty Dems "taking christ outta christmas"

;) ;) Thus explains all the Kerry emails today...


I was even gonna go shopping (with Kerry news) after boycotting it... oh well. I'll spend when things get sunny again.

[tilsammans]

11. Actually . . .

. . . IMO, it's better to have Christmas behind us before the filing takes place.

[rox63]

23. But there goes the element of suprise... n/t

[yojon]

12. ASAMFP??

Will-
What does it mean?

[WilliamPitt]

13. As Soon As M***** F****** Possible

[keepthemhonest]

19. will i posted this in another thread but it an old hat now

so i'll say it again

William Rivers Pitt I just named you as one of the motivational leaders on DU (not including your ownfollowing on Truthout.)

As you can see from my name i can appreciate anyone willing to bring the truth to the table( just pay no attention to my english composition - it was not my major in school.)

After this is all over( if it is all over) I will be following your truth speaking articles and if you can refer me to any other truth seeking media it would be appreciated.


William Rivers Pitt- I believe, you believe.

[WilliamPitt]

22. Thanks

:blushing:

[keepthemhonest]

24. k

[trumad]

58. You do know he drives a moped

and drinks his coffee decaf and he roots for a washed up football team?.... SO! How can anyone nominate a moped driving, decaf drinking, Pat's fan as motivational leader?

[bleever]

74. Dude, he already put up your Marino picture...

Hasn't he suffered enough?

At last, have you no decency sir?

:)

[merh]

77. Is it a moped or a motor scooter?

2 different things you know. If its a scooter, then you should be able to vote for him, if a moped (with bike pedals! :freak:) then no way, too nerdy!

[HeyManThatsCool]

14. yojon

I think..... as soon as mother fucking possible??

Ok, or do I just have a really filthy mind?!?!?!?!

LOL

[HeyManThatsCool]

18. Other Kerry people are on it too

http://www.democracycellproject.net/


This is the new blog spot for the man (Dick bell) who was responsible for the official K/E blog.

They are really starting to push the vote fraud issue

[GetTheRightVote]

28. thank you for the cell project info,

:bounce:

[Farmgirl]

39. Hmmm -- must have missed something..

What's the cell project information?:)

[Farmgirl]

40. Never mind, I must be sleeping tonight -- got it N/T

[KoKo]

37. It's a "weather event." Nothing they can do. If it's all shut down then

it doesn't matter if it's filed Monday. Most folks are in "Holiday" mode and busy... Just so long as he's into this, finally in a big way.

This and "Selection 2000" make me feel that November is the worst month to hold National Elections, though. Let's move it to the first week in October. Then there's time for litigation about "recounts" if needs be.

Folks wonder why we didn't storm DC over Gore...Well because folks had family obligations, and didn't know what this was all about.

Now, we have another possible "Selection" and we are down to the wire with "Holidays" again interceding into what should be full media and mainstream focus on how we voted.

The Repugs always have the advantage when they have one of the most important holiday seasons of the year in the Judeo/Christian World occurring right after a Presidential Election.

We've gotta move this date along with other reforms for the future...imho...2 Cents..

[TexasChick]

15. ASA Motherf*cking P! I think...

[keepthemhonest]

26. go texas chick

sing it
edited to to ask
HOw is your REpbulican family doing? MY fanatic repuke sister is still saying get over it and this week she say I may need psychological help since she has not been hearing this from the other dems in the family(which is all of the rest of us,) After I sent her an email saying that all of the dems in the family feel that fraud may have occured and we need to look into it. while I was sending out emails to all the other Dems in the family(11 bros and sisters) I must have accidentally sent here one.

she still has not responded to Bush finger video. I told her that is her "moral" leader, It should be OK to show her kids then? She just replied with the above statement.

[TexasChick]

41. Hey, keepthemhonest! Whew...I have enough problems with these

dodoheads with everyday stuff about the Chimp, so I never mention the fraud thing. I would have a better chance of discussion about the fraud thing with a lamp shade or a brick wall. I do want to have a good Christmas with my family, so I will keep my disgust for the Chimp at a minimum. Actually, Thanksgiving was very nice, the Chimp came up, of course, and my family knows how I feel about that lying murderer. I had a long discussion with my twin (she's the Independent) on how I will only take my cash to Dem donating companies and not take my business to Repuketard donating companies (of course this is when I can find a job and start spending my money - fat chance, right!) and she just rolled her eyes at me, of course. Right now, I don't have a choice of where I spend my money because it's my sister's money actually. She's supporting me while I'm still unemployed. She doesn't care where her money goes. These Repuketards in my family will never give up on me. I really think they think I'm being rebellious or something. They don't think it has to do with any of my beliefs, or anything like that. That Bill Clinton was the worse president ever, etc. and I'm just a Liberal who wants a free handout from the government. It's like I'm living in the Twilight Zone or something and deported to "Imbecile Island" with Imbecilites!

I'm praying and waiting for some hard core evidence to surface. Maybe the Plame indictments will come from the Repuketard Congress and these Repukes in my family will have no choice but to take notice. What I really pray for his hard core evidence of the Chimp's involvement with 9/11. They'll never read the New Pearl Harbor or Crossing the Rubicon. I'm talking about indictments here and those MSM asshats will have to report it.

I'm also letting them gloat while I pray for America's downfall (Don't get me wrong, I love America, but it's going to take something truly negative to happen such as China pulling out of our market and us having another great depression that makes the first one look like a cakewalk. This will be the only thing that will open their eyes because the Chimp will surely not be able to blame this on Clinton). Or, praying for this Chimp to make an irreparable mistake that will turn these numbskulls on him and his fascist regime. I know in my heart he will disappoint these fundies. I'm sure as the days are long. I can't wait to turn to my fundie aunt, God love her, and say "What? You mean the Chimp lied to us? What a freckin' revelation!"


Your sister will never give you an answer to that video because the Chimp's behavior will always be acceptable to these people simply because he pretends to pray and seek guidance from God and remarks about how he is born again. With these fundies, that's an automatic ticket to a "get out of hell free card". Seriously. Don't wait too long for an answer from her, LOL! But, hey, at least you have some Dems in your family. If I try to talk Dem stuff, all I can hear are the crickets chirping or get weird blank stares from these people. LOL!

[keepthemhonest]

55. I think you are right about

it will take a big fall to open the Americans people's eyes to what is happening. I hope we do not have to fall in order to rectify our democracy, but americans are really so content with the status quo that they just don't want to be bothered with politics andd reall issues.

[Syrinx]

16. as soon as mf'ing possible, I suppose

[Alizaryn]

17. as soon as mother fxxxing possible (I think)

[Hey Nineteen]

43. What, we can't write 'fuck' on this board now?? :) n/t

[TruthIsAll]

25. As soon as Mother-Cheneying possible n/t

..

[hedda_foil]

27. Will, according to documents at Raw Story, he did this on the 15th,

What's the difference now?

http://rawstory.com/exclusives/kerry_ohio_suit_1215.php
The lawyers for Green presidential candidate David Cobb and Libertarian presidential candidate Michael Badnarik, along with Kerry-Edwards 2004 have added election tampering to a civil suit filed against the state of Ohio over problems with the state's recount, RAW STORY has learned.

The suit, detailed here, alleges that a manufacturer of voting machines, Triad Election Systems, which serves 43 counties in the state, is tampering with the recount. It is unclear exactly what recourse the plaintiffs' seek; the filing adds on to an original suit to have the recount take place before Ohio electors meet, which failed in the courts. Green Party spokesman Blair Bobier said the party hoped to reform the recount process and suggested Ohio should secure or impound voting machines.

[WilliamPitt]

31. These are emergency motions

to protect the evidence.

[PaganPreacher]

57. No sense of "urgency" in those emergency motions, then.

So, by waiting to file their motions, Kerry's attorneys gave the defendants 4 more days to alter or destroy the evidence.

Fucking brilliant legal strategy!

Pitt, why don't you ask your white-knight legal team why they didn't fax in their motions, as the court rules allow?



The Pagan Preacher
I don't turn the other cheek.

[Higans]

36. thank you for the information.

On the continuing question of "How do you audit a vapor vote?"

Is E-Voting ME-Voting? Prove it!

This is the case the the Main Stream Media won't go near. instead they will talk about Scott Peterson for hours, or some puppy down a well when the real story....the one they won't touch....is that democracy is under attack by hackers.

[politicasista]

29. Thanks for keeping us updated

BOOOOO!

[Terre]

30. Thanks for the up-date Will

and enjoy your Holiday - you certainly deserve it!

[Miami Liberal]

32. Thanks for the update

Damn you snow!

[graywarrior]

34. Will, what is the final date for filing?

[WilliamPitt]

38. .

[TexasChick]

42. Kick! n/t

[mamalone]

44. OK..dumb, irrelevant question here....

Who is this fella in the picture??? Is it, perchance, you? (I heard you were quite a cutie-pie;) )

[a2jean]

64. Miami Dolphins QB great Dan Marino

[mamalone]

70. eeep...

color me embarrassed:eyes:

Welcome to DU!

[Ladyhawk]

45. I want to thank all of you for your passion and commitment.

I haven't been able to press the issue due to personal illness, but any slack I left was picked up by passionate folks on DU.

Thank you so much. It means so much that all of you have kept at it.

:loveya: :loveya: :loveya: :loveya: :loveya: :loveya: :loveya: :loveya:

[Silver Gaia]

46. Thanks bunches for the update, Will!

We were out buying a few last minute gifts and hoped there would be an update posted by the time we got home. Let's hope for tomorrow, then. And if not tomorrow, Monday. I'm pleased. Weather is just weather... no one's fault, just what is. Thanks again for keeping us informed. It is MUCH appreciated.

[Donailin]

47. ???Is that a pic of Dan Marino as your sig line?

but why???

( I knew him when I lived in Florida,friend of the family, he's an arrogant ass)

[WilliamPitt]

48. I lost a football bet to trumad

:(

[Maddy McCall]

51. HAHAHAHAHA!!!

Too funny! So when do you and LynneSin settle the bunny suit bet? That's the photo *I* want to see in your sig line. :evilgrin:

[WilliamPitt]

52. The Patriots and the Eagles have to make the Super Bowl

The person who backed the loser in that instance must travel to the winner's home (Boston for me, Delaware for her) and appear before an assemblage wearing a full bunny suit, and also wearing the championship t-shirt of the winning team.

There is a sub-bet involving each teams' final regular season record, a bottle of Febreeze, and a bottle of terribly expensive tequila. That may wind up a tie, though Philly has to lose one and the Pats have to win out if I am to prevail. But I can handle losing that bet; hell, Lynne will probably wind up pouring half the goddam bottle down my throat anyway. The tequila bottle, I mean. I think.

I dread the bunny suit.

[trumad]

59. Do you know how sweet that sounds....

Lovin it.....

[Cha]

85. dan marino..bush contributor..

http://newsmeat.com/sports_political_donations/Dan_Marino.php

[Andrea]

49. Great for my spirits

This is such great news. It gave me extra motivation to send out over 100 emails this afternoon to Senators and Representatives. Thanks for keeping us all informed, Will.

[thecrow]

50. Thank you Will !!!

I will look forward to seeing what happens next.

[lonestarnot]

53. KICK ASS MONDAY!!!!!!

:toast:

[PaganPreacher]

56. Weather should not have been a factor.

The US District Court for the Southern District of Ohio permits electronic filing.

Why didn't they fax in their filing yesterday?



The Pagan Preacher
I don't turn the other cheek.

[Karenca]

60. I was wondering the same thing ....... nt

[merh]

61. If the Court is officially closed due to holiday or snow, then

they do not accept electronic filings on that day. It is just that simple. You can't file pleadings on days that the court is closed.

[Karenca]

62. Ok, that explains it --- :)) ----- nt

[PaganPreacher]

66. Bull biscuits, merh. Check your information before you speak.

From the official website of the US District Court for the Southern District of Ohio:

"What are the benefits and features of using CM/ECF (electronic case filing)?

There are a number of significant benefits and features:

Courts can allow registered attorneys to file documents 24 hours a day, 7 days a week. (emphasis added)

http://pacer.psc.uscourts.gov/cmecf/ecffaq.html (3rd paragraph)

Since Kerry's attorneys are registered with the court (the document posted on this page shows that), they could file their motions by fax, 24 hours a day, 7 days a week (even when it is snowing).



The Pagan Preacher
I don't turn the other cheek.

[merh]

67. Was there electricity to the building?

Did the weather hamper the ability to electronically file? Have you spoken directly to the clerk? Just wondering.

I stand corrected on the filing only on days the court is in operation and apologize for providing the wrong info. HOWEVER, I recognize that there may be other factors that I am not aware of that would have prevented the electronic filing, namely was the system in operation due to the weather.

[PaganPreacher]

71. Good question, merh....

and I should have thought of that possibility before.

The Pagan Preacher
I don't turn the other cheek.

[PaganPreacher]

75. Just checked the court's website...

and they require electronic filing (and have since September 2003.) Pleadings and motions must be filed in PDF format, via the court's secure Internet site, or by delivering a 3.5" disk to the clerk of the court.

http://www.ohsd.uscourts.gov/pdf/civmanua.pdf (see page 2.)

Faxed pleadings are no longer accepted. I retract my prior statement regarding faxed pleadings, and apologize.

If the power was out to the courthouse on the 23rd, then the reason for the delay is explained.

It's my turn to say,

"D'oh!"


The Pagan Preacher
I don't turn the other cheek.

[merh]

76. Only thing is Cobb was able to file in federal court yesterday

(via electronic filing). May it was Kerry's attorney's office that was unable to perform due to the storm (employees couldn't make it in to work, no power to office, something)? :shrug:

[New Earth]

78. no, on the court's site itself it said it was closed yesterday

due to bad weather. the Court itself was closed. I don't understand why Cobb could file his suit and Kerry couldn't, though.

[merh]

79. I used Pacer Service, which is the service that the U.S. District

Courts use to provide docket tracking through out the US. You can go on line and register - to search there is no cost, but to download dockets there is a cost per page ($.07) of the docket. Below is a partial copy of the docket (the index of the pleadings filed in chronological order with brief description of the pleading) that reflects that Cobb was able to electronically file 3 documents yesterday. (docket #33, 34 & 35). As I said, maybe Kerry's lawyer was hampered due to the weather and his inability to get to his office, or no electricity at the office or no employees able to make it to the office.

https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx


U.S. District Court
Southern District of Ohio (Columbus)
CIVIL DOCKET FOR CASE #: 2:04-cv-01139-EAS-TPK

Plaintiff, Delaware County Prosecuting Attorney
David A. Yost, Delaware County Prosecuting Attorney

Plaintiff, Delaware County Board of Elections

V.

Defendant National Voting Rights Institute aka NVRI

Defendant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI

V.

Intervenor Defendant KERRY-EDWARDS 2004 INC

V.

Counter Defendant, J Kenneth Blackwell

Amicus, County Commissioners' Association of Ohio
County Commissioners' Association of Ohio

Amicus, Ohio Association of Election Officials
Ohio Association of Election Officials

Counter Claimant, National Voting Rights Institute aka NVRI

Counter Claimant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI

Counter Claimant Michael Badnarik, Libertarian Party Candidate through National Voting Rights Institute aka NVRI

V.

Counter Defendant, Delaware County Board of Elections

----------------------------------------------

12/23/2004 33 MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 12/23/2004)

12/23/2004 34 Supplemental Memorandum Supporting re 33 MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery filed by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik, National Voting Rights Institute, David Cobb, Michael Badnarik. (Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit # 4 Affidavit # 5 Affidavit # 6 Affidavit # 7 Affidavit # 8 Affidavit # 9 Affidavit # 10 Affidavit)(Kerger, Richard) (Entered: 12/23/2004)

12/23/2004 35 Proposed Pretrial Order by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 12/23/2004)

[sundancekid]

63. they sound like "salvage the lawsuit" motions: 1 for irreparable damage

and that would require Kerry filing since the GLIBS could not get that type of "standing" in the case; and the 2nd reason: to justify emergency hearings procedures given the underlying basis of premise #1 just cited.

Am I reading all this legal activity on this particular lawsuit correctly?????

Has anything been filed today???

[merh]

68. Can you better respond to post 66?

I think the access to the electronic filing made available 24/7 may have been hampered due to no electricity, but can you verify?

[sepia_steel]

69. Looks like the GOP did rig the weather after all.

Kidding.

[politicasista]

72. Mother Nature may or may not be a GOP, but he/she has a plan

First it rains in Ohio on 11/2, now it snows. Bad weather favors GOP, but Monday will be a good deal.;-)

[understandinglife]

73. Based on the included DU link, the Greens filed on 23 Dec 2004...

....at the US District Court, Southern Ohio:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x194273

"Defendant National Voting Rights Institute aka NVRI
Defendant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI
Intervenor Defendant KERRY-EDWARDS 2004 INC"

Question -- is Senator Kerry, KE04, others going to file a separate "MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery" ??

Thank you Will.

[SoCalDem]

80. I hope it does some good, but I fear that it's too late, snow or no snow

I wish the kerry people would have gone on national TV on Election night, and just said:

"We are asking that ALL voting machines and materials be impounded, pending a formal investigation, because we do not believe the veracity of the totals".

.. Without claiming fraud or other nefarious motives, they would have drawn the attention of the whole nation to Ohio and gotten this stuff out much earlier.

Of course the rabid ditto-monkeys would ahve been out in force, screaming their heads off, but it would have been easier to "build a case", if everyone had started on Page One, instead of at the end of the book, and worked backwards..

I have the sneaky suspicion that lots of "evidence" is long gone now, and people have been paid off and sent away by now..

I also fear the the courts will stall just long enough to make the whole thing moot anyway..

*² has no shame and will have no problem serving a second bogus term :grr:

[evolvenow]

81. Could they file electronically? Do not know, just asking?

[Ladyhawk]

84. Kick for those who got hysterical. :) n/t

[read the law first]

86. So what's happening here is that Kerry is joining a MOTION

in an action that he's already a party to. Is that right?

[Ladyhawk]

87. I think he's joining the Greens and Libertarians in their suit. n/t

[read the law first]

89. But isn't he already a party to the Green's suit?

This new filing would be that he's joining in on their motion. I think.

[zapped 1]

88. I guess we will know on Monday

whether or not our sources are legit.