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I am apparently compelled to post a 'clarification' on the Kerry suit [View All]

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WilliamPitt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 10:30 PM
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I am apparently compelled to post a 'clarification' on the Kerry suit
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Edited on Fri Dec-24-04 10:31 PM by WilliamPitt
Which is frustrating, because it was pretty clear to me. I got this email:

===

Mr.Pitt-Kerry isnt filing a suit?

mr. pitt.
my name is ************* and Im a progressive who is outraged by the supression
in Ohio etc... I get all your columns etc from truhout. this is christmas
eve, I realize, but apparently some explaining needs to be done. caseohio is
saying Kerry isnt filing any suit whatsoever. were told that by kerry's
staff. so us bloggers want to know what is going on here? is this a hoax.
please answer directly, and also go to DU, dailykos etc and clear the air.
thanks

===

My reply, serving as a 'clarification' or something:

===

Well, as it is late on Christmas Eve, I'm not going to do all you ask, but
I will say this: At no point in my article did I say Kerry was filing
suit. I said this:

"2004 Democratic Presidential candidate John Kerry will file today, in the
United States District Court for the Southern District of Ohio, papers in
support of the Green Party/Libertarian Party recount effort. Specifically,
Kerry will be filing a request for expedited discovery regarding Triad
Systems voting machines, as well as a motion for a preservation order to
protect any and all discovery and preserve any evidence on this matter."

Note the phrase "papers in support." Note the phrase "request for
expedited discovery." Note the phrase " motion for a preservation order."
That is a far cry, clearly, from filing a suit.

Further:

"It should be noted that Kerry's filing of these requests does not
indicate his complete entry into the recount process..."

All here:

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

What is going on here, to be blunt, is people not reading what is before
them in black and white. Pass that along to anyone who feels the need for
an explanation.

The requests in question will be filed on Monday. They were not filed on
Thursday because of weather and other complications, and were not filed on
Friday because the court was closed for the holiday.

Please feel free to post this wherever you deem it necessary, and I
apologize for sounding short. It is frustrating to me when intelligent
people do not read what is right in front of them.

Perhaps it is my failing; I have a decent amount of legal training and
experience, and so perhaps legal language obvious to me may not be so
clear to others.

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