WP: Kerry Team Seeks to Join Fight To Get Ohio County to Recount

"Sen. John F. Kerry's presidential campaign asked an Ohio judge yesterday to allow it to join a legal fight there over whether election officials in one county may sit out the state's impending recount.

A pair of third-party presidential candidates, who said that reports of problems at the polls on Election Day are not being addressed, are forcing the Buckeye State to recount its entire presidential vote. But David A. Yost, a lawyer for Delaware County, just outside Columbus, won a temporary restraining order last week blocking any recount there. He told the Columbus Dispatch that a second count would be a poor use of county resources. President Bush won the mostly Republican area handily, unofficial results show."

... more

http://www.washingtonpost.com/wp-dyn/articles/A23344-2004Nov30.html

Nice of the mainstream media to show up this time...

Lawyers for the Kerry campaign asked to join Green Party presidential candidate David Cobb, Libertarian candidate Michael Badnarik and the National Voting Rights Institute in the fight to force the county to participate in the recount. "If there's going to be a recount in Ohio, we don't want it to exclude Delaware County or any other county that might decide to follow Delaware County's lead," Kerry lawyer Dan Hoffheimer said. "It should be a full, fair and accurate recount."

(QUOTE FROM MRS. DOUBTFIRE)

The Kerry/Edwards "Calvary" is Finnnnnnnnnnnally riding full force into battle!!

Made my blood boil. John Kerry can thank me for my campaign efforts by fulfilling his promise to count every vote and make every vote count. I hope this is the belated start of some serious action.

page A08 and only a little story.... I can't give them too much credit for this.

Maybe Rovie won't see it? Muhahahahaha!!

for the first time in quite awhile... (as did the article)

by WaPo. Shouldn't be long before the Ohio recount becomes a daily story in the mainstream media.

I can't stand him, but I hear he cries when things aren't going his way.

This is the best news ever since Kerry's mysterious video two weeks ago!!
:kick:

NOW it is real.

HALLELUHAH!!!

What a WONDERFUL EARLY CHRISTMAS!!

seems to be taking it very serious now after JK teams involved, hopefully this is what he mentioned 10 days ago in the email saying BELIEVE ME EVERY VOTE WILL BE COUNTED.

:kick:

I know I am.

Last Weekend: Wayne Madsen reports that he has met with people from the campaign and the DNC.

Today: Boom.

I am considering the math. Feel free to join in.

Madsen may have the goods, good enough to cause lawyers to get tumescent.

i have been out of my league since the night of the election. of that, i have no doubt.

i have been, simply, scared shitless.

It scares me, too. But don't be paralyzed. You have to be able to move to defend the things you hold important enough to defend.

they must have uncovered something in Ohio since the concession.

It's time something started stirring in their briefs. I hope they start thinking with their .... better instincts now.

I just figured that in light of the good news of the Kerry-Edwards intervention into the case in Delaware County, Ohio, people could benefit from the following information. The italics are mine and in some cases I have underlined what I feel to be points of particular interest to us (that is, the DU collectively). While this information is pertinent to the U.S. Supreme Court, I advise everyone to remember that precedence is set by the USSC and to also recall the events of 2000. In light of all the information below, the intervention of the Kerry-Edwards attorneys is good news, but should not be unduly trumped as an unrealistic sign. Nonetheless, the fact that the Kerry-Edwards campaign is no longer taking an "under the radar" approach in the collective recount issue speaks volumes for those who would wish to speculate as to what their next move might be in the recount process. I feel I've said enough on this matter, so here is the information I've obtained:

Amicus Curiae

Definition: Latin term meaning "friend of the court". The name for a brief filed with the court by someone who is not a party to the case.

"... a phrase that literally means "friend of the court" -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest." William H. Rehnquist, The Supreme Court, page 89.

Amicus Curiae briefs are filed in many Supreme Court matters, both at the Petition for Writ of Certiorari stage, and when the Court is deciding a case on its merits. Some studies have shown a positive correlation between number of amicus briefs filed in support of granting certiorari, and the Court's decision to grant certiorari. Some friend of the court briefs provide valuable information about legal arguments, or how a case might affect people other than the parties to the case. Some organizations file friend of the court briefs in an attempt to "lobby" the Supreme Court, obtain media attention, or impress members.

"An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored." Rule 37(1), Rules of the Supreme Court of the U.S.

"FRAP 29. BRIEF OF AN AMICUS CURIAE A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof, or by a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for a later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons." Rule 29. Federal Rules of Appellate Procedure.

http://www.techlawjournal.com/glossary/legal/amicus.htm

I haven't found anywhere that identifies the type of filing. Are you assuming an amicus curiae or do you have a link to the filing?

I'm wondering if it's that or a motion to ammend the request for recount to inclde K/E?

It's the only type of brief that makes sense.

intervene
v. to obtain the court's permission to enter into a lawsuit which has already started between other parties and to file a complaint stating the basis for a claim in the existing lawsuit. Such intervention will be allowed only if the party wanting to enter into the case has some right or interest in the suit and will not unduly prejudice the ability of the original parties to the lawsuit to conduct their case. Example: Little Buttercup Butter Co. has been sued by Market Bag Grocers for selling below standard butter. Better Buy Market has also been buying Buttercup's butter and wishes to intervene (join in the lawsuit) to avoid either a loss by Market Bag which would affect Better Buy's possible claim, and also to avoid two separate suits. Or another butter company might want to join the suit on Buttercup's side in order to put up a united front with Buttercup against the markets.
See also: intervention joinder multiplicity of suits

"and to file a complaint" Doesn't sound as benign as Amicus Curiae. Is it me? I ain't now lawyer now, but this sounds very good.

That's what I was trying to say ;)

Has it on the home page of the US news
http://news.google.com/nwshp?gl=us&ned=us&topic=n

Its cooking!!
MSM..its wake up time
Thanks for posting it

Their MO by now. Better than us, even.

Guys like him always keep some powder dry.

Why just half hearted effort like this? Why just a friend of the court brief? Why not go whole hog and file a full court press type of action?

It's good to keep some powder dry, but if one never uses it in time, what good is it?

The cats out of the bag, Kerry has made a move, but is it enough?

He can not look like he went looking for this fight, but that the fight came to his doorstep he only did what was right.

I think this could have all been a plan...

If this had happened on election night the media would have destroyed Kerry. Instead he lets it build bit by bit into a firestorm of controversy. Then when the Greens and Libertarians uncover fraud, or overturn a state it is not Kerry an opportunist but Kerry who just wanted to have confidence in the electoral process of the country and the President.

Then he takes the reigns and goes full force. This seems like the perfect strategy.

The next perfect step I believe would be to have Edwards leave his farewell tour due and go back to DC for "personal reasons" or "urgent business", but leak that it might have something to do with Kerry and the fraud. Build the momentum slowly so it will run over any wall the repubbs throw up.

If indeed that was the strategy, it has it's good points.

But now, now that he's made a move, why not jump in with both feet? What does he stand to lose now?

I think the time for finese is over. The irregularities, the obvious miscounts, the possibility of actual fraud, all add up to a time to strike, and strike hard.

Granted, the Glib lead may be part of the strategy, but what are they gonna do, wait until all 87 other counties plead to get out from under the responsibility?

intervene
v. to obtain the court's permission to enter into a lawsuit which has already started between other parties and to file a complaint stating the basis for a claim in the existing lawsuit. Such intervention will be allowed only if the party wanting to enter into the case has some right or interest in the suit and will not unduly prejudice the ability of the original parties to the lawsuit to conduct their case. Example: Little Buttercup Butter Co. has been sued by Market Bag Grocers for selling below standard butter. Better Buy Market has also been buying Buttercup's butter and wishes to intervene (join in the lawsuit) to avoid either a loss by Market Bag which would affect Better Buy's possible claim, and also to avoid two separate suits. Or another butter company might want to join the suit on Buttercup's side in order to put up a united front with Buttercup against the markets.
See also: intervention joinder multiplicity of suits

More like an Amicus sledgehammer to the head of the fools who stand in the way of a fair and full recount.

We need a friggin' headline that shouts: Kerry wants a recount!

They've been after him for 33 years.

then Kerry and his supporters can attack back.

We had better be ready to play hardball. It should be fun. :spank:

"a second count would be a poor use of county resources."???

So fucking what?

Counties have had their money and law enforcement resources raped by "orange alerts" for a good long time now. Highway patrol and police overtime to stand around in rural counties, guarding against "terrorists".

Let's "waste county resources" on a legitimate vote count for democracy, rather than forcing police to guard corn fields.

But the cat is out of the bag, there is a leak in the dike, and Humpty Dumpty has had a great fall....

Which means that we'll be moving from page 8 of the Washington Post to the front page (above the fold!) faster than you can say Jackie Robinsion...

The language is clear and unequivocal. The Kerry/Edwards intervention is creating an obstacle to a precedent which would no doubt be cited in any future recount lawsuits, not just in Ohio but also any county in any state. Notice he didn't say "any other county in Ohio."

They are nipping this in the bud. I'm looking forward to their next move.

edit to add some more words :)

From Lt. Kerry...great!

The MSM has been forced to follow the story...the "internets" in action!

This is hopeful news...
I'm getting happier.
The best New Year's gift would be to boot *'s ass back to Crawford,
Jail would be even better, but I'm willing to settle for Texas.

I got this email from a group I belogn to--but it is also posted on the websit below. He explains the legal advantage of K/E joining in the Cobbs suit.

And here is your link to the website:

http://solarbus.org/stealyourelection

Sent: Wednesday, December 01, 2004 3:49 AM
Subject: Election News: Kerry team jumps in



........"Today this was confirmed, as the Kerry team filed official papers to
intervene in a legal battle in the state. As many of you know, the Green
and Libertarian party candidates have filed for a recount in Ohio. Judges
have since filed a restraining order on them, basically stating that their
recount request is not valid, because they were not close enough in the
election that a recount could make a difference to them in any way. This
goes against the Ohio constitution, which states any candidate can file for
a recount, as long as they were on the ballot. Still, the judges have
ignored this statute and have silenced the recount request. But if a
candidate that was close enough to be affected by a recount were to file
such a request, their ruling would not apply. Can anyone think of such a
candidate that could be affected by a recount?

"John Kerry, reporting for duty.".....