Blackwell's refusal to testify

[shiina]

Blackwell says he shouldn't be interviewed because he's a "high public official". But I couldn't find any articles that explained what the legal reasoning for this is.

The only thing I can think of is...is this the same as when Clinton said they should wait on the Paula Jones case until after he was out of office because it would interfere with his duties as President?

[purduejake]

1. Link?

haha, looks like he is getting cornered.

[lostnfound]

8. here's a link

http://seattletimes.nwsource.com/html/politics/2002132450_ohiovote28.html
The secretary of state, who declared President Bush the official winner in Ohio, is seeking a court order to keep himself from being interviewed as part of a court challenge of the Nov. 2 vote. <snip> The court challenge cites irregularities including long lines, a shortage of voting machines in minority precincts and problems with computer equipment.
Bush defeated Sen. John Kerry by 119,000 votes, according to Blackwell's official count; Ohio's 20 electoral votes gave Bush the 270 he needed for victory.

[berniew1]

33. Here's another

http://fairnessbybeckerman.blogspot.com/2004/12/blackwell-tries-to-avoid-testifying.html

[Terre]

2. Here's another question

Where is the line (or political office) drawn, between a high public official and a regular public official?

[Pacifist Patriot]

16. Somewhere in the cerebrum?

[electropop]

21. A _high_ official is on something...

and will imagine all kinds of special priviledges for himself.

[OKthatsIT]

28. and someone can be High and get away with it....

..i never was good at that myself

[flordehinojos]

3. it sounds more like when bush said he shouldn't be asked questions because

he is the pRESIDENT!

[super simian]

4. Wonder what he's "high" on?

:hippie: :bounce: :hippie: :spank: :nuke: :headbang:

[jmknapp]

14. GOP HQ in Columbus is on the corner of Gay and High

Always wondered about that...

[evolvenow]

5. Mr. Blackwell has held the nation's highest security clearance--Why?

www.sos.state.oh.us/sos/blackwell/

Chief Elections Officer
As Ohio's chief election officer, Secretary of State J. Kenneth Blackwell oversees the elections process and appoints the members of boards of elections in each of Ohio's 88 counties. He supervises the administration of election laws; approves ballot language; reviews statewide initiative and referendum petitions, chairs the Ohio Ballot Board, which approves ballot language for statewide issues; canvasses votes for all elective state offices and issues; investigates election frauds and irregularities; trains election officials and reimburses counties for poll worker training costs.

The Elections Division compiles and maintains election statistics, political party records and other election-related records. Statewide candidates' campaign finance reports are filed with the office, together with the reports for state political action committees (PACs), state political parties and legislative caucus campaign committees…

Mr. Blackwell is a member of the national advisory boards of Youth for Christ…and was formerly a domestic policy analyst at the Heritage Foundation in Washington, D.C… Mr. Blackwell has held the nation's highest security clearance…He is a contributing commentator for Salem Communications, delivering commentaries on Salem's more than 90 radio stations nationwide…In 2004, Mr. Blackwell received the John M. Ashbrook Award given jointly by the American Conservative Union and the Ashbrook Center for Public Affairs. Past recipients of this award include President Ronald Reagan, Ambassador Jean Kirkpatrick and Charlton Heston.

[RevCheesehead]

9. I smell P-NAC here.

Heritage Foundation?

Anybody got anything on Salem Communications?

[rox63]

15. That's some serious neocon credentials

Blackwell has some serious neo-con credentials. Meaning he's a dangerous guy. Time for folks in OH to stop his climb up the political ladder.

[latteromden]

6. Actually, that's precisely why he SHOULD. Come on, Kenny-boy,

what are you hiding?

[evolvenow]

7. He wants to be Gov! Does that mix with Treason?

http://www.prisonplanet.com/articles/november2004/031104trumpcard.htm

Now, here is an excerpt from an interview with Ken Blackwell done by PBS host Tavis Smiley (Feb. 5, 2004): Tavis: …Let me ask you before my time runs out here. As I mention again, you are the Secretary of State, but there's a big rumor that you're gonna run for Governor in Ohio and that, if elected, you would be only the second African-American elected Governor in this country since Reconstruction. The first Republican--Doug Wilder, of course, being a Democrat in the Commonwealth of Virginia. Are you really gonna run? And how serious are you about this?

Blackwell: I'm very serious. I've had the good fortune of being the mayor of my hometown. I've been the Treasurer of this fine state here in Ohio. I've been a U.S. Ambassador and an Undersecretary of the U.S. Department of HUD. I think I'm ready to put on the hat of Governor and to lead this state to growth and prosperity and opportunity…

Tavis: Let me ask you whether or not you think the Buckeyes, the folk in Ohio, are ready for Kenneth Blackwell, a black Republican, as the top executive of the state.

Blackwell: I think so. The fact of the matter is that folks elected me Treasurer of this state. I was the top fiduciary in the state. That's a statewide election, and now I, in fact, oversee all elections in the state, so when people of this state trust me with their votes and trust me with their money, I think they're ready to trust me to be their Governor.

[thanatonautos]

10. I can't find Blackwell's filing on the Ohio Supreme Court Website ...

so it's hard to say what the reasoning is.

But from the descriptions which have been published,
it sounds as if Blackwell is trying to claim that
the Arnebeck lawsuit is entirely frivolous: that
there is no good faith basis for it to go forward,
and that he shouldn't be required to be deposed
until such basis has been established. One might
wonder then why there hasn't been a motion to
dismiss the case.

I think the issues are somewhat orthogonal
to the Clinton case although related ...
that was a case involving a private citizen
and the chief executive officer of the Federal gov't.

Here we have an executive of the State government,
and not the top-level executive either.

In Jones v. Clinton, an attempt was made by
Clinton to get the case dismissed on the basis
of a claim of `presidential immunity.'

The District court in Little Rock declined to dismiss
the case, but ruled that Clinton could not be tried
until he left office. Nevertheless it held that fact
finding could go ahead.

The decision was appealed by Jones, and then reversed
by the circuit court. Clinton's appeal to the Supreme
court failed, and the case was allowed to go forward.

[Straight Shooter]

22. Clinton, a Dem appealed to the Supreme Court

If Arnebeck eventually appeals to the Supreme Court, we know the outcome.

Fortunately, if it gets to that stage, Mr. Arnebeck is so unflappable and resolute, and Bonifaz so compelling, then we can hope America will become informed.

I'm disgusted with this whole process. Repubs can stomp their little feet in Washington State and whine about losing to Gregoire, no one says "boo" about it, but let Democratic citizens try to protect their vote and every pundit yells in unison, "sore loser."

Supreme Court has become the height of absurdity, another political tool in the hands of a dimwit.

[thanatonautos]

27. Agreed. The Supreme Court is dominated by anti-democratic `conservatives.'

You can write anti-Democratic conservatives instead,
and the sentence is still true.

Conservative judges always seem to be the most
extreme judicial activists.

[shiina]

29. Thanks & Where's the Filing?

Thanks so much for the run-down of the Clinton episode. I didn't know enough to really know if this was similar.

I haven't been able to find *anything* that explains his reasoning. I would really love to see that filing...

[NVMojo]

11. well, the SOS has spent alot of time yakking to the press about his

papertrailed election in Nevada, promoting Sequoia to the rest of the country. What's the damn difference, Blackwell? Only certain lies are ok to discuss with the press, like the marketing of the machines???

[EFerrari]

12. This is classic tautology. He's saying he isn't

accountable to the people because he's a public official aka, a public servant.

I don't think this is about a legal position but about positioning. If it sounds "official" enough, people back off and the legality is never challenged. (Not this time.)

They do this all the time and people fall for it. Remember Rumsfeld's beauty: "There are things we know we know"? That was actually set to music.

[Pacifist Patriot]

17. I agree. It dovetails nicely with the tactic of

say something enough times and it becomes the truth. Say something that sounds official enough times and it becomes the gospel.

[thatcoloredfella]

13. Blackwell's Last Desperate Act

Kenny-Boy was stupid to do this cause it brings more unwanted attention (more of it media), especially in such a quiet news cycle. You know it will be on Countdown tomorrow, but it might be significant enough to make the NYTimes and Washington Post, on Wednesday.

But, he had to do it, too! This is a man that desperately does not want to be deposed, under oath, answering any fraud questions that put him in the position of not providing convincing answers, or taking the fifth.

Cliff Arnebeck's filing is not the least bit frivolous. He's filing suit based on sworn affidavits of Ohio voters, detailing documented fraud, based on violations of specific Ohio Election laws. Whether he likes it or not, Blackwell will be deposed, under oath, eventually.

Remember also, Blackwell already insisted (erroneously) in a reply to John Conyer's original 36 questions letter, that he is bound as an elected official to cooperate with a GAO investigation and/or Justice Dept. investigation. He already screwed himself there.

Lastly, this is the line, the legal line, the media has been saying must be crossed.

I'm gonna make sure I have enough blank paper to download his entire testimony.

[TexasChick]

18. OMG! I forgot all about that GAO letter. Ha, Katherine Blackwell,

screwed yourself again!

[selmo7]

19. Remember when Bush said

in his irritated tone of voice, "Look, I don't testify."

I believe in response to the 9/11 commission. But where did I see that? Anyone remember?

[KansDem]

20. Here...

RUSSERT: Will you testify before the commission?

BUSH: This commission? You know, I don't testify? I will be glad to visit with them. I will be glad to share with them knowledge. I will be glad to make recommendations, if they ask for some.

I'm interested in getting, I'm interested in making sure the intelligence gathering works well. (Let me) just give you a sense of where I am on the intelligence systems of America. First of all, I strongly believe the CIA is ably led by George Tenet. He comes and briefs me on a regular basis about what he and his analysts see in the world.

http://www.nytimes.com/2004/02/08/politics/08TEXT-BUSH.html?ex=1104382800&en=08f5eb6cdac5da61&ei=5070

[selmo7]

23. Thanks!

:toast:

[Verve]

31. My blood is boiling just remembering that! n/t

[selmo7]

34. Mine too!

Says it all, doesn't it? and in that patronizing, condescending tone too. :-(

[McCamy Taylor]

24. Did Karl Rove tell him to do this to direct public attention to Blackwell?

IN other words, has Rove or one of his operatives been feeding Blackwell misadvise in order to set up the Ohio Secretary of State to become the fall guy? Katherine Harris's "Im just a rich, dumb blonde who lets my staff members do all the real work" act was way more effective and political protective. YOu could tell she was getting some sound advise and being groomed for something good within the party, which likes its women heavily made up and stupid.

I get the feeling Blackwell is being treated as disposable. Whoever told him to seek the protective order is obviously hoping for some short term silence ( i.e to get W. inaggurated safely) at the expense of Blackwell's political future which is now totally shot since everyone is going to remember that this is the guy who had SOMTHING TO HIDE. Even the Guardian UK has this story. People on the other side of the Atlantic know not to trust this guy.

Kenny Baby, you need to stop listening to Rove. You are not one of the guys. YOu are one of the drones.

[mtnester]

25. SOMEBODY is going to have to explain away the lie about the election day

fly in by Rove and * to see Kenny Boy - remember he denied having met with either of them that day.

Now explain to me why I saw AF 1 land and take off from Port Columbus that day? Refueling? For fun? To create traffic snarls to help disenfranchise voters (very believable)...pick your poison on that one.

The challenge also needs to be on the hand recounts...his directives to local BOE's telling them they do not have to do them if the 3% handcount and electronic recount do not match was a clear violation of Ohio law. Every time that happened, the FIRST thing the local BOE supervisor did was call his office for "direction" and "legal advice".

[Kota]

26. Remember when your talking to people about this,

he's doing alot of talking and giving interviews, but he doesn't want to do it under oath. Condi,Bush, Cheney and now Blackwell we need to hold these people acountable.

[berniew1]

30. Because he's obviously committed misdomeaners/malfeasance and should

be indicted and doesn't want to have to take the 5th or lie under oath.

Why hasn't someone in Ohio made the case for indictment?
http://northnet.org/minstrel/alpage.htm Columbus, etc.
www.freepress.org/departments/display/19/2004/1046

See also EIRS reports at www.voteprotect.org
and reports at www.votersunite.org

[libertypirate]

32. Nope this is a stall past jan 6

that's the only intention here...

[McCamy Taylor]

35. I am fed up with my local paper's silence on this so i sent this rant

Dear Editors (Fort Worth Star Telegram);

Congratulations! Two months have passed since the election, and you have stuck to your resolve not to publish stories about the investigation into election fraud (here at home, anyway). This has meant passing up such juicy news items as Secretary of State Kenneth Blackwell seeking an emergency protective order so that he will not have to respond to a court subpoena, which begs the question “What does he have to hide?” . Blackwell has also issued the possibly illegal order that Ohio’s voter sign in logs (supposedly a public document) be sealed until after January 10th, even though there is evidence that more votes have been tallied than voters voted. One enterprising group actually got 25 people to sign affidavits swearing they did not vote in a GOP heavy precinct which claims to have had something like 99% turn out or about only 10 people failing to vote (those Ohioans sure love their Democracy!) Most journalists would be itching to know what Blackwell is hiding, but not the journalists at the Fort Worth Star Telegram. Good for you! If Pandora’s Box had been entrusted to you, the world would have many fewer problems!

Other stories you have managed to keep yourself from covering: 1. the fact that Kerry has now joined the legal challenge to the Ohio vote, 2. the fact that almost all the counties in Ohio did not follow correct procedure in doing the recount because they did not pick precincts at random for the hand recount, opting instead to select precincts which they were sure would have an exact match in order to save themselves the “bother” of a hand recount, 3. the fact that 20% of Americans believe that significant fraud occurred in the last presidential election.

“Now, it appears that even the AP is too radical for you. I refer to the tiny little snippet from today’s AP article about the Ohio recount total which you printed. Compare this to much more “robust” (one of Blackwell’s favorite words) version that appears in today’s Washington Post. The one that ends The completion of the recount will not bring an end to questions surrounding the vote in Ohio. A group of voters citing fraud have challenged the election results in the Ohio Supreme Court. The voters, supported by Jesse L. Jackson, have cited irregularities including long lines, a shortage of voting machines in minority precincts and problems with computer equipment.
“The Government Accountability Office, an arm of Congress, is also investigating election problems.”

And there is the rub. Many of your readers have internet access, and like me, they get their news first from the internet. So, if your intention is to keep them blissfully ignorant of the coming crisis which is going to make Watergate look like a cakewalk, it aint gonna work. But you guys have fun trying.

[Turn CO Blue]

36. Whoa! Nice rant! n/t

[jazzjunkysue]

37. I think they're all "high." Stoned. Hammered. Wasted.Toast.