Hang On...: Cobb Demands Reinstatement of Ohio Recount Lawsuit

[Wilms]

Cobb Demands Reinstatement of Ohio Recount Lawsuit

By Blair Bobier, Green Party Media Director
February 22, 2006

The Ohio Recount lawsuit, which was dismissed by a federal judge earlier this month, should be re-instated because Ohio Secretary of State Kenneth Blackwell is still using the same flawed recount procedures he did in 2004, according to a Motion filed Friday by lawyers for 2004 Green Party presidential candidate David Cobb (pictured at right).

"Our suit was dismissed on the basis that Blackwell's obstruction of the 2004 presidential recount is now a moot issue. However, in making his ruling, the judge was unaware that Blackwell issued recount guidelines in 2005 which are identical to the inadequate procedures he used in 2004. Our Motion to the Court asks the judge to take this new information into account and to deny Blackwell's Motion to Dismiss the case," said Blair Bobier, the Media Director for the Green Party's 2004 presidential campaign.

Lawyers representing Cobb and his Libertarian counterpart, Michael Badnarik, filed the Motion to Alter and Amend on February 17, 2006, in the U.S. District Court in Toledo, Ohio.

snip/links

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=962&Itemid=113

[midnight]

1. Fast thinking.

Maybe this detail will be upheld.

[Land Shark]

26. More precise: Because the recount problem would allegedly not repeat

the rule of a case called Young (or some similar name) applied and the case was dismissed on the basis of SOVEREIGN IMMUNITY. i.e., you can not SUE THE KING WITHOUT HIS CONSENT.

Based on prior erosions and interpretations of sovereign immunity an existing exception occurred whereby an act repeated by the King (state govt, in this case) could be the subject of federal court review if it were being repeated.

The judge thought it was "over". The reconsideration points out it isn't, in terms of recount policy.

This version of sovereign immunity is from the Eleventh Amendment, it applies to whether or not a federal court can hear controversies where states are defendants, which the 11th amendment prohibits by not allowing citizens to sue "another state" for damages, which has since been expanded to include one's OWN state. Here, they're not seeking damages but injunctive relief, but even that has holes in it.....

OK, so whether or not you "get" that point, it's also important to see that ancient doctrines based on the presumption that the king can do no wrong are coming into play here, though under factual circumstances that do play out just like the idea of mootness, which technically the judge did not reach.

Ha ha, see if you can follow this: The mootness idea of mootness is probably broader and more tolerant than the de facto mootness standard of the Young case on sovereign immunity. Just guessing, but I'd bet that's the case. The judge ruled under Young.

[Name removed]

2. Deleted message

Message removed by moderator. Click here to review the message board rules.

[MelissaB]

4. Yeah. Let's just stop trying to make sure our votes are counted

and move on. WTF?

[Wilms]

7. It's not about Bush or Kerry. It's about whether YOUR vote gets counted.

Bush was inaugurated without a requested recount being done.

Sound familiar?

Cobb's suit is about not having done the recount, not the fact that Bush was inaugurated (or that Kerry may have won).

[MelissaB]

10. Thanks, Wilms. You said it much better than I did.

I'm afraid I was too snippy.

[Wilms]

14. My dog had a talk with me before I posted. n/t

:hi:

[MelissaB]

16. .

:rofl:

I need to let mine inside. I guess that's my problem.

[John Q. Citizen]

9. What does Kerry have to do with it? Just askin'.....

[Punkingal]

12. Kerry won....

Just like Gore did.

[Tigress DEM]

21. Yeah. WE ARE THE MAJORITY.

Don't let no trolls or freepers or misguided politicos tell US different.

If we roll OVA, then we are buying into their crappy lies that they somehow had enough votes to do it the last time or the time before. Those rethugs have electile dysfunction, they just can't keep their polls up, so they have to go into a little black box and mess with people's votes to feel good about themselves.

They are killing off the poor and infirm - anyone who might vote DEM, but even the Idependents and Republicans with any sense God gave a goose are beginning to see the light... so they won't have the numbers. All we need is a way to make sure every vote counts, THEN this reign of terror will be OVA and the work of repairing America can begin.

[femrap]

17. I guess you weren't in Ohio for the Recount....

I see you're new and welcome...but just a word....OVA is to women as BALLS is to men....OK? Ova is what it takes to kick some pug ass and get this RECOUNT right.

As Stalin said....it's not who votes that counts....it's who counts the votes!

There are too many people out there with their heads still up their butts.....denial on stolen elections. Please wake up.

You need to do better....look at Diebold and the CEO who lives in Columber (Upper Arlington rich suburb) and the fact that he has had to resign.

Are you supposed to get over Katrina?

[bleever]

20. What she said.

:hi:

[Name removed]

18. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[katinmn]

25. Not over. The fight is just beginning to take back our elections!

Roll over if you want and let others do the work for you!

[Pacifist Patriot]

28. Re: your signature. Democracy isn't dead because we think so...

http://www.democraticunderground.com/articles/06/02/23_munich.html

Be careful, your ignorance is showing.

[MelissaB]

3. snip

The Ohio election and recount has been the subject of a number of investigations and reports. A report by the U.S. House Judiciary Committee's Democratic staff states that "there were massive and unprecedented voter irregularities and anomalies in Ohio. In many cases these irregularities were caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell, the co-chair of the Bush-Cheney campaign in Ohio.

[bleever]

6. Hey MB,

It just occurred to me today that maybe Rush uses "Ohio" by The Pretenders (!) as his theme song in order to stick it in our faces that that was the alley we were mugged in.

Go Cobb! Keep putting it back to the legal test.

:hi:

[MelissaB]

13. You listen to Rush? You earned bonus points today.

I don't know how you stand it. :hi:

[democraticinsurgent]

29. he's used "Ohio" forever

so i don't think it has anything to do with the dirty Ohio elections.

However, i've long found that song being his theme is pretty ironic. Chrissie Hynde (Pretenders) is extremely progressive and that song is nothing more than a condemnation of corporatization, the very values Rush holds dear.

I hope the Pretenders make lots and lots of money off him.

[bleever]

5. The principal didn't punish the bully because the fight was over,

so the bully decides to go out and beat up another kid.

Great thinking on Cobb's part. He's focused on the bigger picture of restoring the process, and this was an inspiration.

Recd!

[bleever]

8. By now I know not to beg for that fifth nomination.

I'll wake up tomorrow and this will have 20+.


:thumbsup:


KEN BLACKWELL FOR FEDERAL PENITENTIARY TRUSTEE OF THE MONTH, JUNE 2007!

[Patsy Stone]

15. I'm number 9

and proud of it. Thanks, Wilms.

Ken will look great in an orange jumpsuit. :hi:

[Wilms]

22. I'll bet he'd make a model prisoner. n/t

:D

[bvar22]

11. Thank You, Greens....

for fighting for our Democracy.

The Democratic Party is a BIG TENT, but there is NO ROOM for those
who advance the agenda of THE RICH (Corporate Owners) at the EXPENSE of LABOR and the POOR.

[roody]

19. Green Party---

Doing what an opposition party should be doing!

[AbsoluteArmorer]

23. BRAVO!

I'm glad to see that this issue is still coming up as it should! It's not about trying to get Kerry into office anymore, but actually proving that these elections have been fraudulent and need corrected in the biggest ways. I hope to hell that Blackwell gets 'what's coming' to him also over all of this ... and not what the GOP has in mind. The latest polls in Ohio are showing Ted Strickland kickin' Blackwell's ass as elections get closer!! There may be some hope for Ohio yet! Way to go Ohio Greens! Show the Dems how it's done to win integrity back!

[eomer]

24. K&R for David Cobb. (eom)

[EFerrari]

27. And one for Blair, one cool headed guy.

:kick:

[mopinko]

30. woohoo

go, go.

[Melissa G]

31. KnR! thanks for posting this good news wilms! n/t

[understandinglife]

32. K&R.

Peace.

[Wordie]

33. K&R

[oscarguy]

34. There is a book out that describes the dangers of electronic voting...

no paper trail,easily manipulated results, controlled by private Companies, and on and on. Don`t know it`s name. I am sure most at DU are already aware of all anyway. If anyone does know the Title and Author , please post them. Al Gore Won as did John Kerry. This is an important issue if the American People are ever to reclaim our Democracy. ...Oscar

[bleever]

35. Hey oscarguy,

My suggestion is that the best info anywhere on election fraud and e-voting is here on DU.

Just follow the Election Reform forum, and follow links to older material as well as new, and you'll find much more than has ever made it into a single book.

Welcome to DU.

[oscarguy]

36. Good advice, thank you bleever. N/T