In Violation of Federal Law, Ohio's 2004 Presidential Election Records Are Destroyed or Missing

[dorkulon]

By Steven Rosenfeld, AlterNet. Posted July 30, 2007.

In 56 of Ohio's 88 counties, ballots and election records from 2004 have been "accidentally" destroyed, despite a federal order to preserve them -- it was crucial evidence which would have revealed whether the election was stolen.

http://www.alternet.org/story/58328/


:banghead:


Edit: This drives me insane. Why is this story not on TV? Please keep kicked to inform the peeps.

[Nikki Stone1]

1. The very fact that they are destroyed or missing indicates something is up.

......

[Horse with no Name]

6. We've all known that since the election

Sounds to me they are banking on lesser charges of not maintaining the records properly vs. fixing a Presidential election.

[smtpgirl]

2. What a surprise

[jimshoes]

3. If this resuts in Blackwell doing jail

time (which it won't) it still would not rectify the injustice that was the Ohio election resuts. Right now it's just water under the bridge but if there would have been a serious effort at the time to check the vote total anamolies out fully, we might not be suffering through a second term chimpministration.

[dorkulon]

5. Why aren't Dems in congress doing anything?

Don't they get this? They're not going to win shit in '08 if this crap keeps happening. It's TWO GODDAMNED DISASTROUS RIGGED ELECTIONS LATER, and...nothing!

:argh:

[niceypoo]

67. Sadly, the dems in congress are as out of touch as Bush

They fantasize about doing all these noble things but they will be filibustered on everything and will accomplish nothing. Bush knows they wont do anything about anything and he will continue to flip the bird to America and congress.

[mod mom]

31. Blackwell covered his evil butt:

would have meant Blackwell and the BOEs could have shredded them all September 2.

But a week prior, a legal team including Columbus-based Clifford Arnebeck filed notice with Blackwell that action would be taken to preserve the evidence. The formal filing came Thursday, August 30, in the form of a civil rights action. In concert with the New York-based Center for Constitutional Rights, Arnebeck and John Marshall, also of Columbus, asked the federal district court in Columbus to force Blackwell to order the 88 county boards of elections to preserve the ballots. The filing says the ballots are needed as evidence of official fraud, manipulation and discrimination that violated the rights of young and black voters.

With prior wind of the action, Blackwell issued a directive asking the BOEs not to destroy the ballots and election records, at least for the time being. The directive looks like little more than a reciting of existing law that has on more than one occasion, gone unenforced. Initially, Blackwell claimed he did not have the power to order the BOEs not to destroy the ballots. But he has now indicated they are under a limited legal obligation to do so.

Blackwell's prior claim of powerlessness is absurd. Throughout the 2004 campaign the secretary of state ordered major unilateral changes by directive in provisional ballot counting and voter registration procedures. He threatened to remove election board officials who failed to comply. By Ohio law, all BOE officials serve at the pleasure of J. Kenneth Blackwell. Blackwell also denied paper ballot backups to Franklin County (Columbus), in case of long lines during the 2004 election, even after they were requested by the Democratic Franklin County BOE Chair William Anthony and Republican Director Matt Damschroder.

-snip

http://www.commondreams.org/views06/0904-27.htm

[ooglymoogly]

37. sewage under the bridge....nt

[Bob3]

4. How very convenient

yes?

I guess they were trying to preserve the privacy of all those 'shy bush voters' who skewed the exit polls by saying they had voted for Kerry.

Right.

What happened in Ohio in 2004 remains a stench in the nostrils of the republic.

[MissWaverly]

7. who says that crime doesn't pay

oh, it pays and pays and pays and all with our tax dollars, dirty deeds for lucrative jobs. Google on Brooks Brothers riot from
the Florida recount and see where they are now.

:-(

[Kip Humphrey]

8. Criminals and traitors...

If I were to guess that the 56 counties had remarkable outcomes in Bush's favor when compared to the remaining 32 counties, or that recount precincts were disproportionately within the 56 counties as compared to the remaining 32, would I guess correctly?

[blogslut]

9. Anyone remember

That quicky trip Bush took to Ohio on election day 2004? I had a bad bad feeling about that then. It's still with me today.

[Chipper Chat]

30. I remember he showed up unexpctedly the night before.

And it wasn't because he wanted Bruce Springsteen's autograph.

[blogslut]

34. I could swear he made a mini trip on the day

I remember cause it gave the shudders that day.

[blogslut]

35. Okay

Here we go:

http://www.whitehouse.gov/news/releases/2004/11/20041101-3.html

President's Remarks in Wilmington, Ohio
Airborne Airpark
Wilmington, Ohio
7:22 A.M. EST

That's the evening of November 1

Then we have this:

http://www.whitehouse.gov/news/releases/2004/11/20041102-4.html

President's Remarks to Campaign Volunteers and the Press Pool in Ohio
Bush-Cheney '04 Campaign Headquarters
Columbus, Ohio
11:42 A.M. EST

Did the president stay in Ohio overnight? I do not know. However, I do know he left Ohio to vote in Crawford and returned to Ohio later on election day from this Q&A on Nov. 2:

Q: Sir, you may think you're no pundit, but you've clearly paid pretty close attention. Give us a sense of how involved you are in tracking the numbers and voter turnout and --

THE PRESIDENT: Well, David, since I last talked to you , which was outside the voting booth in Crawford -- (laughter) -- which was a couple of hours ago, I've had a couple of cups of coffee, I spent some quality time with my wife -- (applause) -- I am going to run this race out to its fullest. I will be able to -- both of us will be able to say that we campaigned as hard as we possibly could. I have made the differences as clear as possible about why I think I am the best leader for the country for the next four years. You know, we'll find out tonight what the American people think, and I'm looking forward to it...

So he did make a mini trip to Ohio on election day. And my bad feeling remains

[BrainGlutton]

45. There's plenty things that stink here, but W's Ohio visit isn't one of them.

I mean, it was a swing state. Of course he paid a visit to congratulate his campaign volunteers, etc. What reason have we to suspect he went for any other reason?

[blogslut]

51. none whatsoever

Just a bad feeling I had then and have now. Don't mind me. :)

[WinkyDink]

57. Given the OP, I'd say there's smoke AND fire.

[BillORightsMan]

70. The OTHER REASON

from DU's E-VOTING UNDER MICROSCOPE: Election Reform, Fraud, & News Sunday 07/22/07

Comment #19 - Same info, different source: The GOP's cyber election hit squad

The GOP's cyber election hit squad
By Steven Rosenfeld & Bob Fitrakis
Online Journal Guest Writers

Apr 24, 2007, 01:32

Did the most powerful Republicans in America have the computer capacity, software skills and electronic infrastructure in place on Election Night 2004 to tamper with the Ohio results to ensure George W. Bush’s re-election?

The answer appears to be yes. There is more than ample documentation to show that on Election Night 2004, Ohio’s “official” Secretary of State website – which gave the world the presidential election results – was redirected from an Ohio government server to a group of servers that contain scores of Republican websites, including the secret White House e-mail accounts that have emerged in the scandal surrounding Attorney General Alberto Gonzales’s firing of eight federal prosecutors.

~snip~
On Election Night 2004, the Republican Party not only controlled the vote-counting process in Ohio, the final presidential swing state, through a secretary of state who was a co-chair of the Bush campaign, but it also controlled the technology that allowed the tally of the vote in Ohio’s 88 counties to be reported to the media and voters.

makes ya wanna go hmmmmmmmmmmmmmmmmmmmm.

imbillorightsmanandiapprovethismessage
:patriot:


Or go AAAAAAAAAAAAGGGGGGGGGGGGHHHHHHHHHHHH!!!!!!!!

[Wilms]

10. Wow! n/t

[robinlynne]

11. There is nothing more important than this.

[bobthedrummer]

12. Just like historical Nazi tactics.

"Network Hosting Attorney Scandal E-Mails Also Hosted Ohio's 2004 Election Results" (archived 4-23-2007 Octafish thread)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x735051

[JudyM]

13. Crap. K&R nt

[The Vinyl Ripper]

14. *Accidentally* in *56* counties?

That is one H E double toothpicks of an "accident".

Once is happenstance, twice is coincidence, three times is enemy action..

I'm not quite sure what 56 times is..

[Richard Steele]

16. "Enemy action" indeed. Welcome to DU, VinylRipper!

:hi:

[The Vinyl Ripper]

64. Thanks for the welcome...

I was just flabbergasted to read that..

That anyone could say it with a straight face is astounding.

[jimshoes]

29. 56 times is

just another day in bushworld. It's like accidentally losing 5 million e-mails or being an Attorney General with spotty amnesia. S*** happens you know. Welcome to DU!

[The Vinyl Ripper]

65. Danke Shane..

I gotta admit that one left me shaking my head..

[renate]

46. Welcome to DU!

:hi:

"...three times is enemy action..."
I couldn't agree more. :grr:

[The Vinyl Ripper]

66. Grazie..

[Ellipsis]

15. Oops... it was an accident.

Like being accidentally stabbed stabbed 56 times.


(Case No. 06-CV-745) has been stayed (mutually) until August 10th. You may see more about this case soon.


Much of the "hands on work" for people who don't know was done By Richard Hayes Phillips. Below are some of his comments from another article.

http://fraudbusterbob.com/blog/2007/07/27/shreds-of-evidence-how-ohio-participated-in-a-coup-detat/#more-264



It was Steven P. Harsman who, accompanied by Betty Smith, Deputy Director, barged into the room where I was photographing ballots at about 3:30 P.M. on Thursday, August 24, 2006, and ordered me to stop. I refused, stating that Harsman had agreed to allow me one full day to photograph the uncounted ballots from all 23 precincts specified in my public records request. Earlier on this same day, the Montgomery County Board of Elections had received notification by e-mail from Cliff Arnebeck, Attorney at Law, of the impending lawsuit, and was asked to preserve the ballots as evidence in the case. But the Board was eager to destroy them. The employees who handled the ballots for me brought up the subject themselves.

Of the 501 uncounted ballots photographed in these 23 precincts, 322 (64.3%) contained multiple punches for president. Of these, 21 (6.5%) were punched for both Bush and Kerry, 273 (84.8%) were punched for Kerry and one or two independent or third-party presidential candidates, and only 19 (5.9%) were punched for Bush and for one or two independent or third-party presidential candidates. It is my conclusion, stated in a previous chapter, “Pre-Punched Ballots in Deep Blue Precincts,” that these ballots were pre-punched in order to ruin otherwise valid ballots in heavily Democratic precincts, but that the pre-punching was not done by the Board of Elections. However, 70 (14.0%) of the uncounted ballots had “dimpled chads” for president, 57 intended for Kerry, and 13 intended for Bush. There were 1124 holes punched cleanly through the very ballots on which these 70 “dimpled chads” were found, indicating that some of the voting machines were rigged to make it more difficult to vote for president than for any other office or ballot initiative. If the holes in the “masks” or “shields” that cover the punch card ballots are too small, the punching implement, or “stylus,” will leave only a dent, or “dimple,” in the ballot. It is the Boards of Elections, not the voting machine vendors, who punch the holes in the “masks” or “shields.” This would be a powerful incentive for the Board of Elections to destroy the ballots.




And a lot more here

http://web.northnet.org/minstrel/index.1.htm


Happy reading and vote it up.

[bobthedrummer]

19. I see you're a Badger btmlndfrmr

There's a thread growing in our State Forum that you, and perhaps others, may find interesting. Positive participation is encouraged.

"Escape to Wisconsin-like Nazis, neocons, organized crime and black ops did"
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=186x21683

[Ellipsis]

20. That I am.

I'll take a peek at your Post.

Have a draft of Lake Louie for me at Mickeys.

:toast:

[Rex]

17. It would be a shame if those records 'accidentally' disappeared.

The BFEE makes the mafia look like the boy scouts!

[mmonk]

18. Sheesh, my bookmark list is really getting long.

[Alexander]

21. A crime. So punish the criminals.

[kster]

22. K-n-R Thanks

dorkulon, this is a VERY important article.

[dorkulon]

23. I agree bigtime. Hope it can compete

with the millionth Conyers/Sheehan sucks/rocks thread.

This issue shouldn't be allowed to just be swept away without broad MSM penetration. This president hasn't legitimately been elected even once. That's an abject fucking outrage and I can't agree with the "water under the bridge" notion. I just can't believe what Americans will put up with.

[Eurobabe]

24. No surprise at all, Warren Co. crooks!

"In Warren County, where county election officials said on Election Day that the FBI had declared a homeland security alert -- which they later retracted -- ballots were diverted to a warehouse before counting. The local media was not allowed to observe the vote count. According to a letter from the Warren County Board of Election to Brunner's office, the election board cannot find 22,000 unused ballots from the election. In nearby Butler County, unused ballots are also missing, fueling speculation that they might have been used by Republican partisans to pad the president's totals."

This hell-hole part of Ohio was instrumental in rigging 2004. WARREN, Clermont, Bulter, Hamilton Co.'s to an extent, I used to live there, Mason -- WARREN Co., escaped after 18 months. Place never looked better than in the rear view mirror! There are more than a few good DU'ers near Cincinnati, I applaud them for keeping up the pressure.

[krispos42]

25. Then it's time for 56 county election boards to spend some time in jail

Maybe 10 years being fed beans and rice while fending off amorous cellmates will convince them to start plea-bargining. Simple.

[tom_paine]

26. This story is not permitted to be broadcast to a wide audience

Period. End of Story. Does it really matter if it's beetle-browed KGB men standing over the journalists or the more subtle "Bush-Occupation" Way of achieving the desired tyrannical effect?

This story is not permitted to be seen by large numbers of people, and so it won't be.

End of story.

[Kolesar]

27. seven counties had no ballots to turn over &56 counties only had partial records from the 2004 vote

Sounds like a cover up of a crime. According to the article, all county Boards of Election were ordered to preserve all of the ballots.

Brunner's office learned that seven counties had no ballots to turn over and 56 counties only had partial records from the 2004 vote.

[MiniMe]

28. Ken Blackwell: Mission Accomplished

[Tigress DEM]

55. Sad truth there.

[Jeff In Milwaukee]

32. I'd like to see the state's Electric Bill from election night...

They were probably shredding documents like crazy.

[jazzjunkysue]

33. Paging Keith Olberman.....n/t.

[govegan]

36. As many of us know, in a real democracy

it is not up to the citizens to prove an election is fraudulent.

On the contrary, it is up to the governing powers to prove that it wasn't. This is amplified by an order of magnitude when the governing powers have privatized the public franchise of the vote.

Obviously, the governing powers have no interest in proving much of anything outside their standard propaganda-laced nonsense. Once again, the citizens and taxpayers are told to cheney-off.

How much longer will these kinds of actions be tolerated?

The silence of the neo-fascist run media is, once again, deafening.

[donkeyotay]

53. That's right. Washington you have a problem

The people from whom you derive your legitimacy have a growing concern about yours. We have lost confidence in the election process - from the absurdity of letting corporations count our votes and tell us we don't have a right to recount, the buying of candidates and their subsequent legislation, to the profiteering of the war and the absolute mockery of the rule of law as embodied by one Fredo Gonzales.

America to Washington. Come in please. Helloooo?

[mzmolly]

38. Oopsie daisy!

:eyes:

[Vilis Veritas]

39. These aren't the ballots your looking for...nothing to see here...move along. nt

[sbyte]

40. Spun by a Jedi.

[Raster]

41. Electoral treason. Plain and simple.

Each person responsible--even only partially--is guilty of aiding and abetting criminals that would defy the rule of law and the Constitution of the United States.

And for Chee-riste sakes, who did not see this coming. Those ballots should have been under armed guard since sElection 2004, if nothing else for their miracle status.

Wake up America!:kick:

[WinkyDink]

58. AKA, a coup d'etat.

[superkia]

42. Everyday I see something new

that makes me cringe in disbelief. It must be magic to be able to pull off all this shit while most Americans sit and base their outlook of our country on what the media tells them. Just plain magic!

[FreedomRain]

43. More Records "Lost"

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/14/BAG64R0H0E1.DTL

ALAMEDA COUNTY
Medical marijuana election may head to revote
Judge says county allowed ballot data to be destroyed
Henry K. Lee, Chronicle Staff Writer

Saturday, July 14, 2007

An Alameda County judge said Friday she may void election results for a failed 2004 Berkeley medical marijuana measure and order it returned to the ballot because county election officials failed to hand over data from voting machines.

...
Smith accused county officials of coming up with a "shaggy dog story" and of having "stonewalled for a very long time" on why they failed to retrieve backup data from electronic voting machines, logs of activity on the machines and other records.

Most of that information was destroyed when the county returned the devices to their manufacturer, Diebold Election Systems, after the measure's advocates had sued the county seeking access to the data.

"I'm sorry -- I have a very difficult time finding any real merit in your argument that this was kind of a mistake," Smith told attorneys for the county, who insisted during a hearing in Oakland that no one had intentionally tried to remove data from the machines.

On Thursday, the judge issued a tentative ruling saying sanctions were appropriate because the county had "engaged in a pattern of withholding relevant evidence and (failed) to preserve evidence central to the allegations of this case. That evidence has now been determined to be irretrievable."

...
The plaintiffs had backed Measure R, which would have allowed medical marijuana clubs to move into retail areas in Berkeley without public hearings and also would have erased limits on the amount of pot that patients could have. According to the county's certified results, the measure lost, 25,167 votes to 24,976. The initiative lost again in a recount.

Several weeks ago, the plaintiffs visited a warehouse in Plano, Texas, to examine the Diebold machines that the county had returned to the company in the middle of litigation without preserving the data inside them.

Only 20 of the 482 machines used in the election still contained the data being sought, and copies of the votes from 96 percent of the machines had been destroyed, said Gregory Luke, an attorney for the plaintiffs.

Jimmie Johnson, a Sacramento attorney representing the county, told the judge that the county's failure to retrieve the data was a "mistake rather than intentional" and didn't constitute a willful act that should lead to sanctions.

....
Outside court, Luke said, "When a citizen files a lawsuit to contest an election result, it's Election Administration 101 -- and Law School 101 -- to collect all the records from that election and store them safely until the election dispute is resolved."

He added, "If I were a citizen of Alameda County, I'd be deeply, deeply troubled by this."

[peace13]

44. Thanks for this.

As an Ohioan this makes me sick. We stood on the corner at the Statehouse demanding a real recount after the election. All 100 of us. While Americans shopped for Christmas some of us were demanding to be counted. It comes down to the fact that too few of us are actually paying any attention at all. Will call Brunner's office directly. peace, Kim

[JacquesMolay]

47. The criminal always returns to the scene of the crime..

...n/t

[farmbo]

48. Ohio Democratic BOE representatives...clueless as always

Theoretically, at least some Democratic members of the offending counties' Boards of Elections must have either signed off on this, or willfully looked the other way. They share the blame and, where appropriate, should share the jail time if Judge Marbley issues contempt citations.

For years I've seen this happen. When a board slot comes open for a Democrat, the county party sends over a hack or somebody's brother-in-law to take the job. (County Boards of Elections are a plum job with great benefits and little real work).

Meanwhile, when a GOP slot comes open, the GOP county party has been systematically appointing the smartest, ideologically- driven attorneys in the county. And they've been able to run rough-shod over the democratic good'ol boys.

And that allows things like this to happen.

Meanwhile, the media will shrug their shoulders at allegations of systematic election fraud, since, thank God, Ohio's BOE system is "bi-partisan".

Go figure.

:shrug:

[mod mom]

59. Yeah Farmbo, I recall our county Dem Chair of the BOE, one Bill Anthony,

calling us who siad there were mis-alocation of machines in low income Af Am precincts (which of course there were) conspiracy theorists at a House Administration Committee Hearing chaired by no other that convicted criminal Bob Ney that was held in Cols in March 2005.

:hi:

[P. Ode]

49. Why did our MSM ignore...

the fact that on May 29th, outgoing Brit PM went to Libya abd met with known terrorism financier Muammar Gaddafi (yeah, the very guy who paid "terrassts" to blow up Pan Am 103 over Locherbie, Scotland back in 1989!!!!!!) and SOLD this madman MISSLES, a MISSLE DEFENSE SYSTEM and other assorted MILITARY ARMAMENTS!!!!
To show his appreciation, Gaddafi sold OIL and NATURAL GAS RIGHTS worth $900,000,000.00 to British Petroleum (BP) Company.
I wonder...as Muammar set pen to contract, was he thinking, "Gee, Tony, if I had known you would someday shower me with such generous gifts, I would have blown TWO OF YOUR PLANES out of the sky!"?

[19jet54]

50. What is the record retention requirement here?

Once the other party concedes the election, it is over!

[dorkulon]

69. Uh... no.

"The lost records violate Ohio law, which states federal election records must be kept for 22 months after Election Day, and a U.S. District Court order issued last September that the 2004 ballots be preserved while the court hears a civil rights lawsuit alleging voter suppression of African-American voters in Columbus."

[djjimz]

52. This stinks...

When I think of the election coverage in 2004, all I can see is Tweety’s worried look, as for the first time in history, the exit polls were wrong. I knew then and there that something was rotten in the state of Demark. --- Or should I say, Ohio and Florida.
This stinks to high heaven.
:grr:
WAKE UP AMERICA

[Tigress DEM]

54. Probably had Blackwell's "spoor" all over them... he sat on them so long.

"Hey! Johnson, what is it that is stinking up the store room? Get rid of it!"

What is BIZARRE to me is that FEINSTEIN is working this. Think she's finally realized that she'll never win as a DEM in San-Fran again unless she totally starts voting and rioting like a true DEM.

When DID she remove her head from the *ush posterior? Oh yeah, when he had surgery.

[liberal N proud]

56. Destroying the evidence before they are forced from office and prosecuted

The wheels could come off the bus at any time and they need to cover their tracks as best they can.
And these criminals are the best at destroying anything that gets in their way.

[DemGa]

60. Horrible but not at all surprising

Not surprised the media won't touch it either. Like the "Warren County lock-down"; never explained, never investigated.

[Botany]

61. Of course the destroyed it

What do you think the rule of law means something to these shits?

[lonestarnot]

62. Ok so who is going to be charged with destruction of evidence?

[sarcasmo]

63. SURPRISE!SURPRISE! say it like Gomer Pyle and you got the idea.

Kick and Nom.

[L. Coyote]

68. kick with a LINK = fraudbusterbob & RHP

The article title is over the top, but it is a good read.


=====================================
SHREDS OF EVIDENCE (How Ohio Participated In A Coup D’etat)
Posted by moderator on July 27th, 2007
Richard Hayes Phillips, Ph.D.
http://fraudbusterbob.com/blog/2007/07/27/shreds-of-evidence-how-ohio-participated-in-a-coup-detat/#more-264

July 25, 2007

Those who would dismiss out of hand our allegations of election fraud are fond of claiming that there is not a “shred of evidence” to substantiate our charges. To the contrary, there are millions of shreds of evidence in Ohio. In at least 56 of 88 counties, ballots and other elections records were shredded or otherwise destroyed.

...................

In short, Harsman is saying that the 2004 election records still existed at the time the Board of Elections received Judge Marbley’s order to preserve them, but because they “ran out of space” to store these records, and because the Board had already received authorization from the County Prosecutor to destroy these records, it was “imperative” and “proper” to destroy them. The opinion of the County Prosecutor trumps an order from a United States District Judge.

It was Steven P. Harsman who, accompanied by Betty Smith, Deputy Director, barged into the room where I was photographing ballots at about 3:30 P.M. on Thursday, August 24, 2006, and ordered me to stop. I refused, stating that Harsman had agreed to allow me one full day to photograph the uncounted ballots from all 23 precincts specified in my public records request. Earlier on this same day, the Montgomery County Board of Elections had received notification by e-mail from Cliff Arnebeck, Attorney at Law, of the impending lawsuit, and was asked to preserve the ballots as evidence in the case. But the Board was eager to destroy them........