Truthout report w/ link on the Kerry filing

[WilliamPitt]

OK...I'm gonna go cough up a lung, apologize to the cat, and...oh yeah, THANK EVERYONE ON DU WORKING ON THIS FOR THEIR DILIGENCE, AND FOR BEING PATIENT WHILE THIS CAME TOGETHER. This was the longest goddam Monday I can remember.

*thud*

===

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

Kerry Files Motion to Protect Ohio Vote Evidence
By William Rivers Pitt
t r u t h o u t | Report

Monday 27 December 2004

This afternoon, an attorney representing the Kerry/Edwards presidential campaign filed two important motions to preserve and augment evidence of alleged election fraud in the November election. The motions were filed in the matter titled Yost et al. v. Delaware County Board of Elections and J. Kenneth Blackwell (Civil Action No. C2-04-1139) with the U.S. District Court for the Southern District of Ohio. The document is titled "Motion Of Intervenor-Defendant Kerry-Edwards 2004, Inc. For A Preservation Order And For A Leave To Take Limited Expedited Discovery."

The purpose of the motions is twofold: A) To preserve all ballots and voting machines pertaining to the Yost matter for investigation and analysis; and B) To make available for sworn deposition testimony a technician for Traid Systems, the company that produced and maintained many of the voting machines used in the Ohio election. The technician has been accused of tampering with the recount process in Hocking County, Ohio, though other counties are believed to have also been involved. Any officers of Triad Systems who have information pertaining to said tampering are likewise subject to subpoena for sworn deposition testimony.

If the judge in this case allows these motions, and these individuals are served with subpoenas for deposition, the information disclosed under oath could have a major effect on the case. Likewise, judicial approval of these motions will open the door to forensic analysis of both the ballots cast and the machines they were counted on. If tampering took place, such an analysis could reveal it.

The document filed in Ohio reads as follows:

Pursuant to Federal Rule of Civil Procedure 26, Intervenor-Defendant Kerry-Edwards 2004, Inc. hereby moves this Court for an order preserving materials from the 2004 presidential election and for leave to take a limited number of depositions on an expedited schedule. The depositions and preservation order sought by Intervenor- Defendant Kerry-Edwards 2004, Inc. are the same as those sought in the motion filed on December 23, 2004 by Defendants NVRI, Cobb and Badnarik. Intervenor-Defendant Kerry-Edwads 2004, Inc. hereby adopts the memorandum and proposed order filed by the Defendants in support of its own motion.

(snip)

The filing by the Kerry/Edwards campaign is significant. The Yost matter deals with a recount of the votes cast in Ohio during the election. In order for a judge to consider such a motion, the plaintiff must be able to prove irreparable harm in the matter at hand, and must also be able to prove a significant chance that the case will succeed on the merits. The stumbling point for the Green Party and Libertarian Party in this matter has been the ability to prove that potential for success, because no recount would deliver an Ohio victory to them. A recount could very well deliver Ohio to Kerry, thus fulfilling the success on the merits requirement.

In the end, this filing amounts to a "Me, too" from the Kerry/Edwards campaign. This case would not exist in any form without the dedicated efforts of Green Party candidate David Cobb and Libertarian Party candidate Michael Badnarik. Though the inclusion of Kerry into this matter strengthens the case significantly, Cobb and Badnarik deserve the lion's share of credit for carrying the matter to this point.

Attorney John Bonifaz serves as general counsel for the National Voting Rights Institute, and is co-counsel for Cobb and Badnarik in this matter. Reached for comment on this Kerry filing, Bonifaz said, "We are pleased that the Kerry Edwards campaign has joined our motion to preserve all of the ballots and election machinery in the presidential election in Ohio and to investigate the potential tampering of voting machines by Triad Governmental Systems, Inc, prior to the start of the recount. We welcome the Bush Cheney campaign joining our motion as well. The integrity of this recount is at stake. All candidates ought to join together in ensuring the proper counting of every citizen's vote."

...more...

[illflem]

1. Just wondering why this wasn't done sooner

before Blackwell's crew had the chance to hide and change things.

[Liberty Belle]

3. A snowstorm Friday closed the courts.

[illflem]

6. I mean even sooner, like over a month ago

[WilliamPitt]

4. The evidence wasn't in hand

One can file 300,000 motions and lawsuits, but if there is no evidence behind them, they don't get past the clerk.

[Silver Gaia]

38. Exactly... n/t

[nashuaadvocate]

40. With apologies for thinking like the criminal attorney I am...

...could it be, William, that the game-plan here is actually not to depose Barbian, but rather to force him into broadly asserting his Fifth Amendment privilege? Based on what we already know about the so-called "cheat-sheet" issue, Barbian faces potential state-level criminal penalties, doesn't he? Isn't the best hope of the Kerry-Edwards campaign, at this point, for Barbian to choose to consult with a lawyer prior to any deposition, which lawyer (one assumes, if he is competent) advises Barbian to assert his privilege, following which assertion Kerry-Edwards have the smoking gun they need?

What I mean is: in my experience most civilians will assert their privilege against self-incrimination *even if* the potentially incriminating information would only lead to a minor criminal prosecution (for, to a civilian, no criminal prosecution is minor) -- such as, say, a misdemeanor-level obstruction of justice (or somesuch) offense. So if Barbian asserts, even as the result of some piddling criminal behavior (speaking relatively here), Kerry-Edwards gets the benefit of *publicity* and *speculation run rampant* suggesting that maybe he had much more than what we know of to hide? This seems to be a win-win for Kerry-Edwards: either he doesn't assert and admits to criminal behavior, or (even better) he *does* assert, remains silent thereafter, and the extent of his malfeasance becomes the stuff of legend. Am I right?

Serious question, as you've been following this story more than anyone: Do you think this could be the Kerry-Edwards legal team's game-plan -- not depositions, but an assertion of privilege?

Thanks so much for all your hard work on this front!

The News Editor
The Nashua Advocate
http://www.nashuaadvocate.blogspot.com/

[lonestarnot]

47. You failed to mention "Motion Denied"

[nashuaadvocate]

61. That's certainly a possibility...

...but why would a judge deny a deposition of someone who, by his own admission and that of his boss, tampered with the recount? Where the lawsuit alleges tampering with the recount?

Have you read the transcript of the Hocking County "re-enactment"? Triad conceded they were trying to subvert the 100%-of-precincts hand-recount.

Is that what you mean...?

Confused,
The News Editor

[lonestarnot]

70. Motion to reconsider...then appeal expedited basis

[rox63]

50. Maybe they'll offer him immunity to spill the beans?

I'm thinking that maybe they'll offer the technician immunity to testify about what he and all the other Triad technicians were sent out to do in the days leading up to the recount.

[Eloriel]

65. Nice blog

I bookmarked it.

But I have to tell you (and shhhh, don't tell anyone) -- they Kerry attorneys may have a legal strategy, but I can almost guarantee you, there is no Kerry/Edwards POLITICAL strategy. None.

[art3]

56. A new turn, as you promised

you are a man of your word, a rare find these days! this will help us on many fronts, including an elector challenge. delicious
art

[me b zola]

25. maybe...

Ever heard the expression 'enough rope to hang themselves'?
It was the cover-up that brought down Nixon...does history repeat itself?? Me thinks so.;)


on edit: I almost forgot to thank-you, Will.
You really do rock!! :headbang:

[mother earth]

2. Thank you, Will Pitt & thank you Kerry/Edwards!

About time!

[Alizaryn]

5. Thank you Will, all we can do is cross our fingers

and hope that some semblance of justice and all that is fair resides within the court.

[NMDemDist2]

7. sweet Will, thanks! n/t

[molly]

8. Thankyou!

[cyberpj]

9. THANK YOU, THANK YOU, THANK YOU

Not only for your information but for you participation in the waiting game we were all playing here.

And now I have my own cat to apologise to and house to air out of smoke smell!

xoxoxoxox Will.


PJ

[Miami Liberal]

10. Excellent Mr. Pitt

Thank you!


:yourock:

[Clark2008]

11. Just e-mailed KO with this

because he's surely the only television MSM who will for sure report this.

Will be sending it out to the rest of the johnnie-come-lately's later.

Thanks for all you've done, Will.

[alexisfree]

12. thank you

[senseandsensibility]

Bet they're holding their breath waiting

for Bush/Cheney to join the motion. }( Remember, DUers, "What are they hiding?" We need to train all Dem reps to say that on every show from now on.

[DELUSIONAL]

21. That was a good snicker snicker ending -- wasn't it?

If bush/cheney had nothing to hide and wanted every vote to be counted they would certainly join this law suit. But as we have learned the GOPigs don't want every vote to count (and be counted).

[zann725]

63. "What are they hiding?" Let's repeat it...OFTEN in our emails to MSM!

Let's "own" those airwaves! :kick:

[bettyellen]

13. Thank you Will !!

[GetTheRightVote]

14. Thank you Will, this is awesome !!!

:bounce:

I hate to sound like a woosie or some such thing, but the tears are flowing on me now. I am just glad that finally there is some punch in the bowl and that so many key players have kept the door open for Kerry to step back into the fight, they are all my American Heros, and that list includes all who have find a home here at DU as well, thank you all.

[greenmutha]

15. Yay! Thanks, Will!

:yourock:

[paula777]

16. This is all dependant on a judge agreeing to allow these motions, correct?

If so, do you know which judge will be making this decision to move this forward? (i.e. could a conservative judge could just snuff this out?

[WilliamPitt]

18. Correct

I don't know which judge. That's tomorrow's drama, afaiac.

[KaryninMiami]

Sorry - did not mean to hit it twice!

Edited because it posted two times!

[KaryninMiami]

37. Ok so Will, I hate to be the what if person, but here I am...

What if the judge in this case does not allow these mothions and if the individuals are not, therefore served with supoenas for deposition? Are we back to square one again with the time clicking away? Do you have any idea or has anyone that you've spoken with speculated about what the chances are that the judge will actually accept this? What are the opptions if we are faced with a repeat of the 2000 Supreme Court decision which shocked the world but happened anyway?

Not trying to be negative here, believe me, just wanting to be clear about the reality of the odds of this moving forward.

Thanks!

[mahina]

17. Mahalo Will

:hugs: for days
get some rest brah, you did awesome work.

[hiley]

19. Thank you

for all your hard work.:yourock:

[Vektor]

20. Thank you, Will!

Is anyone else afraid that we'll just end up with yet ANOTHER neo-con judge who will eff everything up?

That's all we've been getting from the get-go.

[Vektor]

23. That was my hundredth post! Yippeeeeee! n/t

[Farmgirl]

30. Yes, that's what I'm afraid of too...

but weren't these two recent motions filed with the U.S. District Court - for the southern district of Ohio? Anyone know anything about this court, the presiding judges, where the case will be heard, when the case will be heard etc.?

I guess, as Will already said, that's for tomorrow's drama (and perhaps beyond).

Thank You Will -- been waiting all day for this...nice way to end the day and post-Christmas hoo-haa.

:toast:

[bunny planet]

39. yes, I am afraid of that too but we must persevere.

Congrats on your 100th post.:toast:

[Vektor]

45. Thanks!

And yes, I certainly intend to persevere, but MAN ALIVE, it is so frustrating that these meddling neo-cons keep roadblocking the path the justice and democracy. Not that I intend to stop fighting, mind you, but what BlackHELL and his cronies are doing up there makes me want to :puke:

[bunny planet]

46. Yes, it makes me sick too.

Hang in there Vektor. I think we can beat these assholes at their own game if we are tenacious.

[Vektor]

52. I hope so too...

and your little sick smiley is SO CUTE. Poor little dude.

[tavalon]

71. What, you expect them to roll over?

They feed on power. We are trying to cut off their power. They will fight with everything they have. And if we score a big win, they will come back with even more fury and fight.

[seito]

22. Thanks for all you do

:yourock:

[marieaey]

24. Your cat will understand!

But I think you should take that tin foil hat off the little guy!

Thanks for your effort here. :)

[stellanoir]

26. Thanks for all your intrepid work Will

and pullease don't cough up a lung or I'll come up to beantown and pummel you with Chinese expectorants. Yes, that is a threat.

And pullease be nice to that poor defenseless kitty. Yeah, I know about their claws.

This line is priceless. . . "He may have had spare parts in his coat," continued Cobb, "

Gotta hand it to the Greens and Libertarians in this action for sure.

And before all the naysayers pile on. . .

Even if, under the worst case scenario, we cannot reverse the results of this bogus election, we can at the very least, expose the gross malfeasance and protect democracy in future elections.

Don't give up folks. We have to stay with this one a little longer.

And the next two weeks should be very telling in terms of this controversy.

Thanks again.

[Scout1071]

27. Thanks for another great article William

This news is indeed significant. Now we wait to see how the MSM reacts. Thus far...nothing on the nightly news. We'll see what the print media does overnight. Not to mention our good friend KO.

I'm not sure if I you saw my post in a previous thread, but feel free to contact me if you need anything transcribed. I have Tivo and mad typing skills. Not to mention the drive to help the cause.

Now...I'm off to see "Meet The Fockers."

[OmmmSweetOmmm]

28. Thank you Will! I love this part!

Attorney John Bonifaz serves as general counsel for the National Voting Rights Institute, and is co-counsel for Cobb and Badnarik in this matter. Reached for comment on this Kerry filing, Bonifaz said, "We are pleased that the Kerry Edwards campaign has joined our motion to preserve all of the ballots and election machinery in the presidential election in Ohio and to investigate the potential tampering of voting machines by Triad Governmental Systems, Inc, prior to the start of the recount. We welcome the Bush Cheney campaign joining our motion as well. The integrity of this recount is at stake. All candidates ought to join together in ensuring the proper counting of every citizen's vote."

[Clark2008]

33. Yeah, I'm not holding my breath waiting on that to happen!

LOL!

What are they hiding?

Hey - how 'bout every single DUer put this as their sig line: What are they hiding?

That would be a hoot!

[OmmmSweetOmmm]

43. I'm not either! Laughing here!

[Democat009]

29. Fantastic! It's not Over until it's Over!!!

"KERRY ON" JOHN KERRY!!!
:bounce:

[bunny planet]

42. That's right. The carbo-challenged lady hasn't sung a note yet.

Rock on with our bad selves!

[eleny]

31. thanks a million, will, for this great report

just a side thought. but i hope elizabeth is doing well. all this can't but weigh on her mind. hope she's okay and this makes her day. it sure has made mine!

no matter what - this negatively affects any pipe dreams of a mandate.

[johnaries]

32. Thank you, Will - AGAIN!!!!

Guess it's time to break out that Scotch again, eh? HAVE ONE ON ME!!!:toast:

I agree with your post that both fights (the Electoral Challenge and Election Reform) are worth fighting! Even if all these motions are thrown out by partisans, that will raise more questions and still increase the chances of a challenge (why do I keep wanting to spell it "challange", now?). I BELIEVE it IS still possible to get Kerry Inaugurated!

But, it may not happen. In that case, we need to be ready to fight even harder for free and clear elections.
Even if Bush is Inaugurated, I believe that the Republican Party is on the verge of self-destruction. The Buchananites and The Neo-cons are going to split it apart.

Finally, for all those asking "where is Kerry?" and "where is the MSM?", remember that Kerry and Edwards are both very shrewd lawyers, and consider that the closer to Jan 02 it gets, the less time the WH spin and smear machine has to work it's evil magic. Personally, I almost prefer that the MSM keep ignoring it until the Challenge occurs. But WE will be ready!

And I BELIEVE that the challenge WILL occur! :bounce: :toast: :bounce:

[liam97]

35. Dear Will, about Eaton

I thought Eaton had alleged that Cobb had blown her comments out of proportion.. I assume she stll lets her affidavit stand

[ginnyinWI]

51. If they want media coverage

I think they will know how to get it. All JK or JE have to do is pick up a phone. So leave the timing up to them, I say.

[tavalon]

72. Huh, when did they get that kind of clout?

They certainly weren't able to do that during the campaign. Bush could and still can, Rove and Cheney too but the MSM ignored these two more than not.

[ginnyinWI]

77. it would depend on what they said when they did call. n/t

[NMDemDist2]

34. nominated n/t

[marcologico]

36. LET THE FOODFIGHT BEGIN!

And this time let's win!

[Silver Gaia]

41. Thanks, Will...

Your diligence, your integrity, and your dedication are MUCH appreciated. :toast: Give that kitty-cat some pets from me. And get yourself some much-deserved rest!

[saracat]

44. Why did Bonifaz welcome Bush Cheney as well?

Did they also join? Or was that just a reiteration of his original invitiation to them to join? His phrasing sure sounds as if he is thanking them for joining but I can't believe that is what he meant!

[madison2000]

53. Deep irony or sarcasm?

That's the last thing they'd want and everyone knows it!

[saracat]

58. That is what I would assume. I took it as a tongue in cheek invitation

. Of course they SHOULD be involved. But we know better. They don't want the votes actually counted.

[zann725]

66. They're too busy selling those NON-refundable Inaugural tickets...

that'll sneak 'em a flight out of the country (once they no longer have Air Force One)!

[lonestarnot]

67. They are being invited to seek truth to their own legitimacy for the over

1/2 of America that thinks they are illegitimate and corrupt, as they should be invited...LOL!

[stepnw1f]

48. Thank God I'm On Your Side... (nt)

[WebeBlue]

49. Gotta add my undying Gratitude. My Christmas present has arrived..TY. n/t

[NV Whino]

54. Okay, everybody now understands

why it is so important to keep * from appointing all those right wing judges. This whole thing depends on a judicial decision. Keep after your senators to reject right wing judges.

Thanks for all the work Will.

[Imagevision]

55. Kerry filing today, will Blackwell continue to refuse to give testimony.

This election voter-fraud will make "Watergate" look pale in comparison -- even 2-3 of Nixon's stooges drew jail time. The best is yet to come. Democracy?...yeah, I like that.

[New Earth]

59. it's not voter fraud

it's election fraud.
:) :hi: :hug:

[tavalon]

73. Thank you

We need to reframe this one as election fraud. We aren't the frauds, the system is.

[roguevalley]

62. This is going to be fun, actually. with all the hoo-haa going on in

Washington state where they are demanding integrity to the counting and all that backassward stuff. Amusing as hell. Thanks for letting us know in advance.

[bear425]

57. Will, there is a typo in the 2nd p - 2nd line: Traid Systems

Thank you for all your hard work. And I mean that sincerely - not the way * means it. :) Now, please go relax and kiss the kitty and make nice.

:toast:

[WilliamPitt]

60. Thanks!

[lonestarnot]

64. We need to mass email bushitler and dishonorable dick to encourage they

enjoin themselves into this proceeding and entrust them to establish legitimacy....gag:puke:

[Me.]

68. Finally!

Something. Thank you!

[keepthemhonest]

69. much thanks n/t

[vj68]

74. Thanks

for the hope.


:yourock:

[Scout1071]

75. Nice to see you around these parts Miss

vj......

[vj68]

76. Do I know you?

Scout1071? Scout is the name I gave to my first horse. 

:hi: