RAWSTORY: Oh SC Chief Justice Moyer laying groundwork for....

[sabra]

<<SNIP>>
Ohio's Republican Chief Justice moves to delay vote suit until after Congress certifies vote, lays groundwork for dismissal

http://rawstory.rawprint.com/1204/moyers_delay_122204.php

Ohio Supreme Court Chief Justice Thomas J. Moyer, a Republican who was re-elected on the same ballot as President George W. Bush Nov. 2 but has declined to recuse himself from a suit contesting the president's election, issued a motion and procedural ruling today that denies an expedited hearing in the case and lays out the framework by which he might dismiss the case. RAW STORY acquired the ruling Wednesday afternoon.

In the ruling, displayed below, Moyer orders those contesting the election to answer two questions: (1) Whether the suit is moot because it was filed too late, and (2) Whether there is a legal significance in delaying the hearing until after Congress certifies the results of the electoral college Jan. 6, 2005.

Moyer had previously dismissed the first iteration of the suit—which also contested his own election—ruling that two elections could not be challenged in the same suit.

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[anamandujano]

1. I know he was named in the original suit

but just realized that the repukes would have a strong motive to make sure he was elected since Ohio was marked for the Florida of 2004 and any contests would fall in his lap.

[sabra]

3. Hence the reason for trying to have Moyer recuse himself... n/t

[anamandujano]

5. I guess I was trying to say that his race was possibly rigged also.

Is that what Arnebeck was insinuating (or outright charging)?

[McCamy Taylor]

2. can they ask a federal court to step in?

[mostly_lurking]

4. You can ask anything

However, it would be extremely unlikely for the Circuit Court to step in before the SCO rules.

[AmerDem]

6. Decisions like this just further our case.

For starters the Justice violated a law that could disbar him because of conflict of interest. Now he is trying to stall the proceedings until an official Congressional certification is made. In the end, over the top behavior like this just reinforces our case for cleaning up our voting process.

[SharonRB]

7. This doesn't sound like good news

If the suit was filed too late, we're in trouble. Why would Arnebeck wait until Dec. 13 if the deadline was Dec. 7? I really don't understand, but I'm not very hopeful right now.

[Calvinist Basset]

8. If I remember correctly,

he had to wait because Blackwell waited until the very last possible moment to certify Ohio's votes--and the suit couldn't be filed until after the certification.

[madison2000]

12. How clever of him to stall the certification to delay filing of the suit

and then say "gee aren't you filing too late"!

[berni_mccoy]

9. He's also laying the groundwork for ...

The impeachment of himself, Blackwell and others. This is an obvious attempt to red-tape a legitimate case to the point where the case is moot.

Ohio has provisions not unlike California for ejecting a bogus administration, and I now believe the ultimate goal here is to get the corrupt Ohio repukes ejected so that in 2006 and 2008 fair elections can be held.

After all, how to you get justice in a system that is corrupt and is controlled on all fronts by the people who are corrupting it? You get the people involved, just like you did in California.

Remember, in the Judges own words, "there may be fraud here."

[bones_7672]

10. Who's going to impeach them?? Certainly not the people of Ohio

or the Ohio House and Senate, and the Ohio Supreme Court isn't going to turn against Bush/Moyer/Blackwell.

[zann725]

13. Arnebeck, and the Alliance for Democracy!

Listen if you can to some of Arnebeck's earlier interviews. He states that prior to this current Election Fraud case, Arnebeck worked for the last few years in Ohio litigating on illegal corporate contributions to 'buy' OSC appointments. Clearly the OSC Judges know Arnebeck well! Perhaps many of them are "illegitimately" appointed as well?

[bones_7672]

16. What a laugh! Arnebeck has no ability to impeach anyone!

[suziedemocrat]

11. TOO LATE -- WTF!!!

Didn't they have to wait a MONTH for that fuckhead Blacksick to certify the vote before they could file a suit. They delay - delay - dealy - then say "Oh - too late!" Now I'm fucking mad as hell!!!

[FogerRox]

14. Repubs 'running the clock out" reeks of the guilty party

Makes me think there is a smokong gun--ANd they know it--

[madison2000]

15. This whole thing reminds me of a murder case where the chief

kills his wife and several of the officers are in on it. Then some of them are in on the "investigation" and the case never gets solved. Takes years and a lot of rumors till someone from another jurisdiction is allowed to investigate and then it is finally solved.

Happened in the suburbs of Chicago many years ago.

[Fescue4u]

17. The Ohio SC moves at a snails pace.

Especially on issues they'd prefer not to touch.

[WilliamPitt]

18. The Green/Libertarian/Kerry matter is not connected

so if the worst does happen to Arnebeck and Bonifaz, the other matter will still be filed tomorrow or Monday.

[politicasista]

19. This doesn't sound good.

[Doctor O]

20. This thread is written by a lawyer, and

basically he and another lawyer seem to think that it is in Congress's hands now. It will probably be dismissed.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x187592