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Here are the Petition and Injuntion in the Arnebeck Case!!!

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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 11:49 AM
Original message
Here are the Petition and Injuntion in the Arnebeck Case!!!
Edited on Tue Dec-14-04 12:35 PM by keithjx
Just got off the phone with the Supreme Court of Ohio Public Information Office. They emailed me the Petition and the Motion for injunction. They were VERY kind and stated that they generally don't post things like this to the internet unless there is a lot of public interest in it. Enjoy!!!

Petition: http://www.digitalimageination.com/MossvBush1.pdf
and here: http://joeorgren.com/MossvBush1.pdf

Injunction: http://www.digitalimageination.com/MossvBush2.pdf
and here http://joeorgren.com/MossvBush2.pdf

(BTW - the website is for my fiancee's business, and she'll probably kill me for using up her bandwidth for this, so please copy and save it, and post it anywhere you like!)

(Sorry, I posted this in LBN, probably inappropriately.)

on edit: added mirror, thanks to electropop!!!
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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 11:50 AM
Response to Original message
1. thank you...!
many people have been waiting to read this!
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Quakerfriend Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 11:52 AM
Response to Original message
2. Thank You Keithjx!
:9
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Kralizec Donating Member (982 posts) Send PM | Profile | Ignore Tue Dec-14-04 11:52 AM
Response to Original message
3. Good deal. Thanks for these. n/t
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SueZhope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 11:55 AM
Response to Original message
4. GREAT WORK
Thank you..can't wait to read it.....
never wanted to read one of these so badly
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intelle Donating Member (416 posts) Send PM | Profile | Ignore Tue Dec-14-04 11:56 AM
Response to Original message
5. Thank you keithjx!
Excellent foot work!

:thumbsup:
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IAMREALITY Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 11:56 AM
Response to Original message
6. Awesome! Thanks!
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 11:59 AM
Response to Original message
7. CALL FOR MIRRORS...
This guy's fiancee will get hammered. :(

THANKS!!

:thumbsup:

PS keithjx: Leave them up until they're mirrored, then take them down.
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:01 PM
Response to Reply #7
9. Will do
Thanks for the suggestion.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:02 PM
Response to Reply #9
11. Hey Moderators - Could DU mirror these documents???
Pretty please.
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electropop Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:29 PM
Response to Reply #7
25. I've mirrored them
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:37 PM
Response to Reply #25
70. Help! Please? How do I save a PDF document?
I have no clue. copy/paste doesn't work. What do I need to do?
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Stephanie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:45 PM
Response to Reply #70
72. Open the doc
Then click on the little floppy disk icon to save. It's below your regular toolbar, just above the doc.
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:49 PM
Response to Reply #72
75. Thank you, Stephanie! I thought that icon was for floppy disk back
up only. Thanks so much. I have it saved now. :hi:
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:46 PM
Response to Reply #25
73. Thanks for that. I posted links to your pdf files on Demopedia as well.
Seems to me that files this important should be permanently archived somehow. As it is now, the links occur in the "Current Events" section. Any ideas?

Here is the link:
http://www.democraticunderground.com/demopedia/index.php/Current_events#Cliff_Arnebeck_to_file_Ohio_challenge
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sabra Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:00 PM
Response to Original message
8. Excellent! Was looking out for this one... Thanks! n/t
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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:01 PM
Response to Original message
10. VERY INTERSTING
Wow...many vote errors in many counties....they allege Kerry won...but, where's the proof to prove all these errors in all these counties? Is it in other documents?
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TexasChick Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:08 PM
Response to Reply #10
13. Why would they want to lay their proof out right now? Wouldn't they want
to save it for court? I'm not trying to pick a fight with you, Guarionex, this is a genuine question. I really don't understand how showing evidence in courts, court procedures, etc. works.
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:12 PM
Response to Reply #13
17. Right
All the signatures at the end of the document make the petition a "verified" one, which means that they don't have to each sign an affidavit supporting the allegations in the petition. The "proof" comes from having all those plaintiffs swearing that this is what happened and that they have been disenfranchised. There could be some exhibits attached to this (the screenshots, e.g.) or that will be made available in a subsequent filing. I forgot to ask.

But the woman that helped me was REALLY kind. Her name was Shannon Libby.
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Shalom Donating Member (832 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:15 PM
Response to Reply #17
19. Are you saying that this document as it stands is legally "actionable" ?
If so, this would be good news.

DU'ers can then start putting pressure on the Ohio legal system to respond...
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:23 PM
Response to Reply #19
22. It requires
at a minimum, two responses from the Court, either granting or denying the petition and granting or denying the motion for the injuntion. While not required, the Bush-Cheney camp can (and will) respond asking for the court to deny the petition (likely claiming that there isn't evidence supporting the allegations, etc.) and deny the injunction. I think, if the court finds any possible claim, denying the injunction would be VERY difficult b/c of the harm that would result.

There is a definitive timeline for Bush-Cheney camp to respond - 30 days under Ohio Rule of Civil Produre 12.
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Blue_In_AK Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:06 PM
Response to Reply #10
55. Proof
I've worked in the legal biz for many years. Generally, a complaint is written in as broad terms as possible. Details are filled in later through the discovery process.
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zann725 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:36 PM
Response to Reply #55
68. But HOW you frame the Argument in the Complaint...
determines IF you win the case.
It appears that approx. Claims 97-103 are the 'meat' of this Complaint. They allege which votes switched would reverse the results of the election...and by using the wording 'at least' in each case implies they are being 'conservative' with their vote calculations...and that the Kerry victory is potentially much larger.

Also, the claim about the Ohio Superior Court vote irregularity is MOST important here. Since as you recall, Judge Moyer was the one presiding over the Certification of Electoral Vote yesterday, if his victory on Nov. 2 was 'fraudulent,' then it seems that should DEFINITELY negate the Electoral Vote he presided over.

Also, the reference to the Greene Co. incident, and Blackwell's violation on state law on this one, and Ohio law's specification that the Director of Elections be dismissed for such behavior also would invalidate Mr. Blackwell's presiding over the Electoral Vote yesterday.

This is an excellently written Complaint. The delay in filing it is well worth the wording, and no doubt voluminous exhibit stack attached to it!

Good work Cliff & associates!
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SharifromOregon Donating Member (39 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:05 PM
Response to Original message
12. Thanks so much for this...
I'm at work right now (oops!) -- but don't ya think we need to get this information out to media folks. KO? Anyone else who might be willing to report on it?
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bufftiger Donating Member (35 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:09 PM
Response to Original message
14. Thanks! but I'm very disappointed about the lack of detail..
In section 100. the brief claims that based on "information and belief" that 130,656 votes were incorrectly cast or credited to bush/cheney, but there is no specific evidence. Figures are given by counties, the first I've seen, yet where is the corresponding evidence? For example, I want to know about the 1,575 votes in Preble county, but just a litany of abuses, complaints, statistical analyses, won't cut it.
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Shalom Donating Member (832 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:12 PM
Response to Reply #14
18. Felt the Same Way....Where's the Beef ?
Also, lots of people on DU were claiming yesterday that the intent of this filing was NOT to stop the Ohio electors from voting for Bushitler, but the second document is clearly an attempt to do so.....
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:24 PM
Response to Reply #14
23. Yeah, much of it is circumstantial evidence at this point
Edited on Tue Dec-14-04 12:34 PM by eowyn_of_rohan
if only ANY specific incident and method of machine tampering could be demonstrated and proven....I keep hoping!
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NVMojo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 03:37 AM
Response to Reply #23
89. ask Scott Peterson about how weak circumstantial evidence is ...
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 07:22 AM
Response to Reply #89
98. Exactly. But I worry with the thugs in charge, in this case,
circumstantial alone might not cut it...Too bad we can't have a jury make the decisions in our case.
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electropop Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:37 PM
Response to Reply #14
34. Purpose of the filing is to get the process started
With physical access to most of the evidence still under control of the defendants, step 1 in getting hard proof is getting access. By filing the suit, Arnebeck can (hopefully) get the "discovery" process going, whereby the machines, books, ballots, etc can be subpoenaed. Don't fret that the evidence so far (though compelling) is cicumstantial. What little of the Peterson trial I have been unable to block out has demonstrated that you can probably put someone to death on circumstantial evidence. Circumstantial is not the same as weak.
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Hamoth Donating Member (292 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:09 PM
Response to Original message
15. Off topic
Didn't want to start a thread to request this, but...
I jsut went through the last 8 pages and was unable to find the post about the lady being run off the road and threatened in green county, cna somone with search ability provide link here or pm? Thanks!

On topic, I love the defendent "Karl Doe". lol.


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Stand and Fight Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:25 PM
Response to Reply #15
64. Karl Roe... LOL... Funny that he is a defendent-contestee too, huh? n/t
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Terre Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:11 PM
Response to Original message
16. THANK YOU Keith!
Wish I had a place to post them to.

I'll be sending a request to the Office of the Clerk and ask that they make it available on their website:

http://www.sconet.state.oh.us/Clerk_of_Court/

clerk@sconet.state.oh.us

Thanks again - Off to read it after my email.
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Verve Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:17 PM
Response to Original message
20. Thank you Keith! I scanned the injunction and it looks bittersweet to me.
Edited on Tue Dec-14-04 12:21 PM by Verve
I'm no attorney so I hope a professional can give their opinion. IMO, it looks like there is a strong argument that voting irregularities occurred. However, it looks to me like this petition's main objective was to stop the electoral votes from being cast yesterday. In the last paragraph:
"But without a temporary restraining order and an injunction, this Court's work will be in vain."

What is plan B?
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:27 PM
Response to Reply #20
24. But there's more....
The injunction also asks the court to enjoin the casting of the electoral votes at the electoral college in January. The the injunction, if granted, would stay Ohio's 27 votes from pushing * over the 270 hump. What's interesting is, if that occurs, so neither candidate is over 270, whether Congress would seek to circumvent the court case by appoint * anyway (if they could...).
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IAMREALITY Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:31 PM
Response to Reply #24
27. Keith
First off You ROCK MAN!

Second, just as a suggestion you can still edit your original thread post and put the new mirrored links there from post 25, to ease up on the traffic!

:yourock:
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Stand and Fight Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:22 PM
Response to Reply #24
61. Ohio has 20 electoral votes. Florida has 27. n/t
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 03:33 AM
Response to Reply #24
88. I thought Ohio has only 20 Electoral Votes.
It's Florida that has 27. Does it say 27 in the Complaint? Haven't read it yet. This is very important, because...

Current official Electoral Vote Count: Bush 286, Kerry 252. If Ohio is 20 votes and is switched to Kerry, it's Bush 266, Kerry 272, and Kerry wins. But if Ohio is left in some sort of legal or Congressional limbo--its 20 votes deducted from Bush but not added to Kerry--then it's Bush 266, and Kerry 252, and Bush clings to the White House. In that case, Kerry needs 7 more votes to tie, and 8 to win.

BUT, if Ohio is 27, that makes it much closer (if Ohio goes into limbo). Bush 259, Kerry 252. Kerry needs 4 votes to win. This brings New Mexico into play (5 votes)--and even that strange single vote for Edwards in Minnesota becomes important.

(Wouldn't it be a bastard if it comes down to 1 vote and that mistake makes the difference? Jeez. Will we throw out the Electoral College then, finally?)

Now, I think what's going to happen is, Ohio may have two sets of Electors, one for Kerry, one for Bush--it then goes to Congress; Bush's illegitmately elected Congress will either shut down any investigation, or do a whitewash, and certify the Bush Electors. Right to voters, progressives and the country as a whole will benefit greatly from the fight, but clearly Bush Inc. will go to any lengths to stay in power--so we should be prepared.

But I still would like to understand the EV math. Any comment? (Am I right?)
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tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 06:03 AM
Response to Reply #88
95. Good old Walter Cronkite. He said we wouldn't know who won until
the spring.
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Lisabtrucking Donating Member (807 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:23 PM
Response to Original message
21. One name missing from that complaint, (John Kerry) n/t
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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:29 PM
Response to Original message
26. this is good
just finished reading both the documents (i'm a speed reader)...but...where's the affidavits claimed in the injuction? Those are the ones that will hold the most weight as "proof" of the fraud. Can someone scan those as well? And save them in one large PDF document.
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Lisabtrucking Donating Member (807 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:34 PM
Response to Reply #26
29. click the find and find what. that should help some.
Edited on Tue Dec-14-04 12:37 PM by Lisabtrucking
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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:35 PM
Response to Reply #29
30. fraud was mentioned SEVERAL times
in fact...fraud is the whole gist of the court case...
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Lisabtrucking Donating Member (807 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:39 PM
Response to Reply #30
38. Guess my find and replace don't work, your right. n/t
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tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 06:05 AM
Response to Reply #30
96. But isn't that what we want?
Recount last until Dec 13th, Fraud is on-going.
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KyndCulture Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:35 PM
Response to Reply #26
31. Yeah I'd love to read the affidavits n/t
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:36 PM
Response to Reply #26
33. I will email Ms. Libby and let you know what she says....
n/t
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Shalom Donating Member (832 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:33 PM
Response to Original message
28. Maybe Move Discussion to One Thread ? We Have 2....
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IAMREALITY Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:40 PM
Response to Reply #28
39. That Other Thread Has Sunk. It Shouldn't Have Existed To Begin With
The discussion is here, in honor of the man that actually put the effort forth to get the docs!

Keith is my hero of the morning LOL

(hey, that's two hero Keiths now , what's your last name Keith, does it start with an O? LOL)
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Shalom Donating Member (832 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:36 PM
Response to Original message
32. WHAT'S THE NEXT STEP ? PUT PRESSURE ON OHIO LEGAL SYSTEM ?

Based upon info from "keithjx", who uncovered these docs (THANKS !!), it seems that the documents as they stand are adequate and legally actionable (I'm not a lawyer, so I hope one will stand up and correct me if I'm wrong).

If this is the case, maybe we can now put pressure on the Ohio legal system to respond ASAP. Anyone have opinions on what to do next ?



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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:39 PM
Response to Reply #32
37. well...they are actionable..
they've been filed...the Court is obligated to make a decision on it...now, whether they will give this case its due process or treat it politically is another story...if this fails, then I guess it's the U.S. Supreme Court...however, in order to make sure that this doesn't get the Republican Justice treatment...we need to spread these injuctions as far and wide to the mainstream media, blogs, etc....then, the Court will be forced to give a good hearing to these charges and won't be able to discount the case on purely a political basis.

If the word gets out that this case was launched, and that Rep. Justices killed it politically...people will feel they were not treated fairly by the Judicial system...so our duty is to make sure that this court case becomes SEARED into the mindset of regular Americans.

Send these PDFs to EVERYONE you know...let them know an official case has been filed and demand coverage of a case...
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drummer55 Donating Member (306 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:38 PM
Response to Original message
35. Link to the prima facie part of the arnebecks case and definition

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=203&topic_id=154253&mesg_id=154253



Prima Facie From the Latin: "From first view"; not requiring further support to establish existence, credibility, or validity. (Case) A case sufficient on its face, being supported by the necessary minimum evidence and free from obvious defects. (Evidence) Evidence sufficient to support a certain conclusion unless contradictory evidence is given.

www.co.fresno.ca.us/2810/Glossary/glossary.htm
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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:41 PM
Response to Reply #35
40. any fair competent judge
is virtually forced to declare that election fraud occured, purely based on the Kenneth blackwell action...if they are acting in a fair manner, consistent with the prima facie obligation of Ohio election law...just on that...the Judge could discount the election results...but it probably won't happen.

I do think, however, that there is enough in this case to warrant a Revote.
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:44 PM
Response to Reply #35
44. Yes
Prima facie means, in this case, that, if the court agrees that the evidence presented about the green party reps being removed exists, then by itself, without any further evidence, it establishes that there was a violation of the law.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:39 PM
Response to Original message
36. YES she will kill you
If you haven't told her, you better. This could end up costing her a fortune.
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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:41 PM
Response to Reply #36
41. or....
she will give you unlimited sexual pleasure by realizing that you did a democratic service to the nation....

I wonder which it will be? :)
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New Earth Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:42 PM
Response to Original message
42. is it just me
Edited on Tue Dec-14-04 12:42 PM by Faye
or is it a really bad idea to contest the Chief Justice' election when you are petitioning THE COURT TO HEAR YOUR CASE????

WTF????
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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:43 PM
Response to Reply #42
43. chief justice of Ohio?
who's contesting? Link please?
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bones_7672 Donating Member (558 posts) Send PM | Profile | Ignore Tue Dec-14-04 01:22 PM
Response to Reply #43
62. Page 41 of petition. n/t
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Verve Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:46 PM
Response to Reply #42
46. HAH! Good point! However, somewhere someone quoted Arnebeck
Edited on Tue Dec-14-04 12:47 PM by Verve
as stating this Republican judge can be trusted. Let's hope he's right.
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Hamoth Donating Member (292 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:48 PM
Response to Reply #42
47. Not contesting the justices election, but citing a precedent -nt
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bones_7672 Donating Member (558 posts) Send PM | Profile | Ignore Tue Dec-14-04 01:23 PM
Response to Reply #47
63. Same as challenging the election.
If the court invalidates Bush's election they'd have to invalidate the election of the Chief Justice.
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zann725 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:40 PM
Response to Reply #42
71. Not if the Chief Justice was FRAUDULENTLY re-elected!
Genius! Moyer may have to be dismissed, or at least his decisions rendered moot...due to the Fraud.

I had read somewhere that Arnebeck spent the last few years in Ohio working on case of illegal large corporate donations to ensure Republican Superior Court appointments. Arnebeck 'knows his enemies' well.
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Straight Shooter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:45 PM
Response to Original message
45. Thank you so much, and thank you to the those generous with bandwidth
:thumbsup:

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Verve Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:49 PM
Response to Reply #45
48.  Opps! We all forgot to thank Keith's fiancee as well!!! Thank you!
Thank you! Thank you! :)
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Kellis Donating Member (663 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:50 PM
Response to Original message
49. I have a Question
Edited on Tue Dec-14-04 12:54 PM by Kellis
This is definitely something the media should be reporting on so...should we email them this?Asking why they aren't reporting on this case?Demanding that they do?

Thanks for posting keithjx :toast:
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Guarionex Donating Member (371 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:52 PM
Response to Reply #49
50. Yes...
no need for them to go out of their way to go "investigate"...

Just tell them to contact Cliff Arnebeck's people, and examine the Court documents...it makes their "research" time easier...

If they JUST report on this case, it will embolden progressives everywhere that THERE IS an official effort going on to uncover election fraud.

This could be our Civil Rights "bus" boycott that crystalizes the election fraud movement.

Email all the news sources you know and tell them simple "COVER THE CLIFF ARNEBECK ELECTION FRAUD LAWSUIT IN OHIO". That's it.
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Kellis Donating Member (663 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:57 PM
Response to Reply #50
53. ...
Edited on Tue Dec-14-04 12:58 PM by Kellis
So don't link from this site.....just tell them about it.Got it.Thanks.
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IAMREALITY Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 12:52 PM
Response to Original message
51. CALLING KEITHJX!!!!!
Now that you have it mirrored I would take down your fiancees ASAP! Remember, we have freeptards here who will probably take those links and click on em a million times solely to eat her bandwith.

Just wanted to give a heads up before it is too late for you to edit!!!
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 12:55 PM
Response to Reply #51
52. WORD TO THE WISE
Edited on Tue Dec-14-04 01:11 PM by keithjx
So I am breaking the link, and I should have listened to IAMREALITY, b/c I can't edit it now. I am happy to email the pdf's to anyone that wants them.

Thanks again to electropop (whom I have not heard from yet, so let me know if you'd like me to revive the link).

I'm looking into the Ohio Rules of Civil Procedure regarding the timeline re: judicial action on the injunction and petition. The Court can probably act on the injunction w/o waiting for a response from *co. But there is also probably a 28-day period for * to respond to the petition.

I'll let you know. This is my first big thread!! Yippee!!!
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IAMREALITY Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:18 PM
Response to Reply #52
57. AND A HELL OF A THREAD IT IS!!!!
Seriously, you did an awesome job calling them to get this while other DU posters were just sittin around waiting for it to come to them. We have to remember sometimes the old addage of don't wait for your ship to come in, go swim out to it!

It was a great initiative and I'm definitely grateful! I was starting to get way to anxious to see them!
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Stand and Fight Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:18 PM
Response to Reply #52
58. Right...
If anyone needs the documents, I have saved them and would be happy to email them as well.

You can reach me at:
master_karellan@yahoo.com
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Broken Acorn Donating Member (590 posts) Send PM | Profile | Ignore Tue Dec-14-04 01:01 PM
Response to Original message
54. Holy Shit!!!
Has anyone read this whole thing?

Bush, Cheney, Rove, Blackwell all going to jail. I can't believe this...Christmas has come early :)
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Stand and Fight Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:16 PM
Response to Original message
56. 130,656 votes shifted from Kerry-Edwards to Bush-Cheney?!?!?
Page 39 of the petition...

But where is the hard evidence that it happened? In the injunction? Sheesh... This is truly awful guys... Scary that the MSM is not covering this story.

:scared:
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MrUnderhill Donating Member (650 posts) Send PM | Profile | Ignore Tue Dec-14-04 01:19 PM
Response to Original message
59. Goodness! over 80 paragraphs before we get to the meat of it...
But the primary argument seems to be a rehash of the "exit polls are always accurate, therefore the results must be crooked" argument.

Then they get REALLY detailed and allege a SPECIFIC number of changed votes in each county - but without any indication where the numbers came from.

It seems a largely statistical claim.
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zann725 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:47 PM
Response to Reply #59
74. Read again...starting at about pg. 37.
He challenges Chief Justice Moyer's election based on Fraudulent vote counts, challenges Blackwell's violation of Ohio code due to his stopping vote count in Greene County last week (which legally means that Blackwell should be dismissed from his Chair of Elections), and endless examples of Voter Suppression...aside from all the statistical evidence.

If the Chief Justice was part of Fraud, he should NOT have presided over Electoral vote, nor should he be presiding over any future cases in Ohio; Blackwell should not have presided over Electoral...due to his actions in Greene Co. last weekend...etc., etc. Ergo, yesterday's Electoral Vote potentially null and void...as well as other votes in other states...due to pending Fraud, and recount still in progress in Ohio.

Very strong Complaint. We did NOT see the Exhibits, which I'm sure were voluminous and 'telling.'
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MrUnderhill Donating Member (650 posts) Send PM | Profile | Ignore Tue Dec-14-04 02:23 PM
Response to Reply #74
79. But without specifics.
Anyone can say "fraudulent vote counts", but they didn't give any specifics (yet they have specific numbers). I don't know if Blackwell's recent actions are illegal or not, but no process would remove him at this point... there would have to be some court action. It certainly wouldn't invalidate yesterday's holding of a vote the Constitution requires them to hold.

Allegations against the chief justice wouldn't invalidate his previous election, it would impact his next term (which probably starts in January).
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tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 06:15 AM
Response to Reply #59
97. Wouldn't that be in the exhibits?
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thanatonautos Donating Member (282 posts) Send PM | Profile | Ignore Wed Dec-15-04 08:15 AM
Response to Reply #59
101. An initial filing must lay out, but need not prove a prima facie case.
Specific proof of the points alleged and evidence will
have to come out during the discovery process if the
case goes forward.

The key point is, if the case goes forward, discovery
works in both directions, both for plaintiff and for
defendant.
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bones_7672 Donating Member (558 posts) Send PM | Profile | Ignore Tue Dec-14-04 01:21 PM
Response to Original message
60. Petition challenges re-election of Ohio Sup Court Chief Justice Moyer
see page 41

Now do you think the Ohio Supreme Court will seriously consider this petition??
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:30 PM
Response to Reply #60
66. see post # 47.
:hi:
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 01:27 PM
Response to Original message
65. Timing
Edited on Tue Dec-14-04 01:53 PM by keithjx
Okay, so this is from Ohio Civil Practice § 55.01 re: Ohio code §3515.08:

The service of a copy of the complaint on the contestee and the setting of the hearing for a contested election not more than 30 days after the filing of the complaint are express condition precedents which must be complied with before a hearing can be held. The defendant has ten days from the time service has been made upon him in which to answer the complaint. The statute gives the contester five days in which to reply to the answer of the contestee. The time limits are shorter than those allowed under the Civil Rules, but are applicable because the nature of the complaint and its effects upon government support a reduced time for disposition.

So 15 days from the 13th is Dec 28th. *co. must respond to the petition by then (assuming it was served on them the same day it was filed). As far the when *co. must respond to the injunction motion, I'm working on that....
Keithjx

On edit: Okay, because they are requesting a TRO (temp. restraining order) along with the permanent injunction, it IS appropriate for the Court to issue the TRO (prohibiting the electors from taking any further action) w/o hearing Shrub's response. Then *co can respond during the permanent injunction hearing. So, it IS appropriate to make some noise to the Ohio Supreme Court and suggest that they issue the TRO.
KJ

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Amaryllis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 02:09 PM
Response to Reply #65
77. A little more specific on contacting the court, please
for those of us not up on legalese...what exactly should we be asking them to do, and should those of us who don't live in OH also contact them, and do you have an address?
Great work!
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Alizaryn Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 02:12 PM
Response to Reply #65
78. Thanks for posting! .
Arnebeck did everything he could from what I can see with the petition.
Hopefully the court does not avoid the issues within it using the "good of the country" line. I hope they are brave and nonpartisan.

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McCamy Taylor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:32 PM
Response to Original message
67. wow, includes the latest blackwell crimes!
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AnarchoFreeThinker Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 01:37 PM
Response to Reply #67
69. are you kidding? that petition was filed over 24 hours ago.
I'm sure there are lots more crimes by now.
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Pepper32 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 02:01 PM
Response to Original message
76. Again, Thanks A Million!! n/t
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delphine Donating Member (148 posts) Send PM | Profile | Ignore Tue Dec-14-04 02:29 PM
Response to Original message
80. The injunction is moot because they filed it too late
to have a hearing prior to the electors being cast.

It does not apply to after the fact.

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seito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 02:36 PM
Response to Reply #80
81. The petition was filed before the electors were to vote.
I am not a lawyer, but I believe that Arnebeck knows exactly what he is doing. Perhaps a lawyer can chime in on this one. I seriously doubt that the injunction is moot.
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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 03:15 PM
Response to Reply #80
83. wrong.
See #27 above. The injunction would stay the electors casting their votes at the congressional count in January.
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thanatonautos Donating Member (282 posts) Send PM | Profile | Ignore Wed Dec-15-04 07:55 AM
Response to Reply #80
100. Read the full injunction. Certain clauses are not moot. n/t
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Flint-oid Donating Member (100 posts) Send PM | Profile | Ignore Tue Dec-14-04 02:46 PM
Response to Original message
82. Who is John Doe, Richard Roe, and Karl Roe 1-100? n/t
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mulethree Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 05:27 AM
Response to Reply #82
93. I love that they picked the name Karl Roe n/t
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mulethree Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 05:30 AM
Response to Reply #93
94. Do you think naming the Chief Justice will help?
Edited on Wed Dec-15-04 05:31 AM by mulethree
Perhaps the other Judges are eager to be rid of him?

He'll also have to recuse himself.


Ugh posted under wrong - place - sorry time for bed
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Diane R Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 10:20 PM
Response to Original message
84. Bumping this..
...so everyone can see a copy of the complaint and request for injunctive relief.
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berniew1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-14-04 10:30 PM
Response to Original message
85. The filing gives a statistical analysis of pricincts with indicated fraud
based on looking at 2000 and 2004 votes by precinct and voter registrations by precinct. Also comparison with other precincts of similar nature or same area.
But it mostly indentifies where the vote pattern is extremely different than other data such as registrations, past vote, growth, would imply to indicate the precincts that seem unreasonable. In some cases for a few counties, some of the indicated problems have already been confirmed in the last few days.

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life_long_dem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 02:40 AM
Response to Original message
86. Thanks keithjx......n/t
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whitney Donating Member (30 posts) Send PM | Profile | Ignore Wed Dec-15-04 03:32 AM
Response to Original message
87. use the Patriot Act to access evidence
I hope Arnebeck uses the Patriot Act to access the evidence to prove the fraud. Beat them at their own game.
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NVMojo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 03:47 AM
Response to Reply #87
90. boy, would I love to see the Patriot Act rammed back up the Bush
admin and their cronies' arses!!!
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-15-04 03:50 AM
Response to Original message
91. Thanks so much for this information! KICK!
You are a wonder!
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FULL_METAL_HAT Donating Member (673 posts) Send PM | Profile | Ignore Wed Dec-15-04 04:31 AM
Response to Original message
92. Putting people on notice -- list of who received the letter:...
<snip ... to last 2 pages>

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Motion for Temporary
Restraining Order was sewed by hand delivery upon Secretary of State Kenneth Blackwell at his
ofice at 180 East Broad Street, 16Ih Floor, Columbus, Ohio-43215 and upon all the following by - .
U.S. mail, postage prepaid, this 13th day of December,

George W. Bush
43 Prairie Chapel Ranch
Crawford, Texas 76638

Richard B. Cheney
242 West 14" Street
Casper, Wyoming 82601

Karl C. Rove
616 Crystal Creek Drive
Austin, Texas 78746

Bush-Cheney '04, Inc.
P.O. Box 684
Arlington, VA 222 16

Chief Justice Thomas
Moyer
Supreme Court of Ohio
65 South Front Street
Columbus, Ohio 4323 15

Elizabeth Wagner
3020 Daytona Avenue
Cincinnati, Oh 452 1 1-702 1

Leslie Spaeth
389 Cloverwood Drive
Mason, Oh 45040-21 55

Carl Wick
861 Deer Run Road
Centerville, Oh 45459-
4873

Karyle Mumper
1195 Chanteloup Drive
Marion, Oh 43302

Joyce Houck
4506 Sherman-Norwich
Road
Willard, Oh 44890

David Johnson
570 Highland Avenue
Salem, Oh 44460

Katharina Hooper
627 East Wheeling Street
Lancaster, Oh 43 130

Owen Hall
7408 State Route 703
Celina, Oh 45822

Betty Jo Sherman
19380 West Artzheim
Lane
Elmore, Oh 43416-9793

Robert Frost
37 Kensington Oval
Rocky River, Oh 44 1 16

Pernel Jones
7204 Cedar Avenue
Cleveland, Oh 44103

Merom Brachman
3 1 1 North Drexel Avenue
Columbus, Oh 43209-1430

Gary Suhadolnik
15046 Forestwood Drive
Strongsville, Oh 44149-
5903

Alex Arshinkoff
466 West Streetsboro
Street
Hudson, Oh 44236-2059

Kirk Schuring
18 17 Devonshire Drive NW
Canton, Oh 44708

Randy Law
1446 Clemmens Avenue NW
Warren. Oh 44485-2105

Phil Bowman
20 Robin Hill Lane
Jackson, Oh 45640-9300

William Dewitt, Jr.
5825 Drewry Farm Lane
Cincinnati, Oh 45243-3441

Billie Jean Fiore
995 Buckeye Avenue
Newark, Oh 43055-2558

Henry O'Neill
3050 Carriage Lane
Columbus, Oh 43221-4900


p.s. did you see the legalese: "sewed by hand delivery"? Funny!
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thanatonautos Donating Member (282 posts) Send PM | Profile | Ignore Wed Dec-15-04 07:49 AM
Response to Original message
99. Question to lawyers. Is Chief Justice Moyers required to recuse himself
Edited on Wed Dec-15-04 07:53 AM by thanatonautos
in potential future hearings en banc on this case,
if the case does go forward, since he is named as
defendant-contestee in the action at 49?

It must be rather unusual to name a potential
judge on a case, submitted in his own court, as
a defendant, though I see why that could be required
in this case, since the justice is an elected
official, who ran in this election, and won
re-election.

But there are other justices who also
ran for re-election in this election and
won, I believe. It is interesting that
they are not named.




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