Reply #108: I fail to see how 'years of legal experience' would cause lawyers to

[BevHarris]

concede Ohio without even knowing whether there are 150,000 or 500,000 provisional ballots. A fairly high-up person reported to me that the decision was made to concede in Ohio based on an assurance by Ken Blackwell that there weren't more than 150k of provisionals -- and Ohio STILL has not provided source documents to account for how many provisionals were cast. The concession was made based on an assurance from a Republican partisan?

Good lawyers get the source documents. They do at least a cursory audit. No auditing whatsoever was done, and to this day we don't know who really won.

Now, as to when the case was filed -- Black Box Voting can't file the case. It was a citizen who filed it, and there is evidence that the certification date may have been the 13th, since that is the date the certification meeting was publicly noticed, and that is the date the certification was faxed to the secretary of state. That is also the date that party officials believe certification was done. If so, that makes the filing timely. Volusia's contention is that they shifted the publicly noticed meeting forward by a day, made a decision on the 12th, then faxed it to the secretary of state on the 13th, on the day of the publicly scheduled meeting. Whether that holds water is in question. At any rate, I did not control the filing of the lawsuit, but I think the lawyer has a good case to set aside the filing date even if it is deemed late.

At issue re: the garbage and the authentication -- fortunately, a video crew was inside when the garbage was taken out -- that's on video -- and then they went outside when it was pulled out of the trash. The authentication is actually easier than that, though, since the page is a screen shot that contains unique identifiers to the GEMS system and the machine it's running on.

Bev