THE FILING IS IN

[WilliamPitt]

Details to follow very shortly.

[Darkhawk32]

1. tick tick tick......... ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh! n/t

[meganmonkey]

2. Splendid!

Thanks!

[hyphenate]

3. Good

another piece of hopefully good news.

[NMDemDist2]

4. woohoo

poor Will, are you feeling a bit better now???

[senseandsensibility]

5. Woo Hoo

:bounce: :bounce: :bounce: :bounce: :bounce:

[Lugnut]

6. Thanks Will

Bless your heart for all you do. :)

[KaryninMiami]

7. AMEN!

Cocktail time. (I was waiting for this moment- even if we still only have part of the info- still worth pouring a glass of wine!)...

[SW FL Dem]

19. I'll join you

It will make waiting for the details much easier.

[elizm]

26. ABSOLUTELY!! Shall we all toast!!! :)

[Peace Patriot]

37. "A NATION once again!"

Open the Baileys!

[MelissaB]

43. This one is on me!

:toast:

I can't wait to see exactly what we're drinking to. ;)

[Silver Gaia]

105. Yah... eagerly awaiting the details... !!!

:toast:

[wicket]

8. WOO HOO!!!!!!!!!!

[eleny]

9. thanks will!

:headbang:

[Name removed]

10. Deleted message

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

[NMDemDist2]

14. they are not filing a suit

i already told you that

[spotbird]

17. It slows one's opponent down if they have to go to the Court House.

If it was filed at the end of the day they'll have to wait until tomorrow to look at it. That might stress them out.

[delphine]

41. That doesn't really make sense - the entire text is cited below

and it simply refers the court to the GLIB's backup documentation.

Doesn't add anything new to stress out the oppo and doesn't force them to come to court.

[lonestarnot]

56. You need to do ALOT MORE READING!

[PaganPreacher]

42. Ummm.... no.

The filing was made electronically, and should have been sent over sometime this weekend to try to get onto today's docket.

Delaying filing until this afternoon didn't put a hardship on the other side. All it did was run down the clock toward Bush's Inauguration, by reducing the number of available court days by one.



The Pagan Preacher
I don't turn the other cheek.

[DoYouEverWonder]

52. Who would have been paying attention on Christmas?

I'm sure the timing was on purpose.

[PaganPreacher]

84. On purpose? what purpose?

The purpose of filing motions or pleadings is to get a judge to consider them, and render a ruling.

In this case, a judge must order that the machines be secured, and must order that expedited depositions be allowed, and scheduled. It is not automatic. Until or unless the judge rules in favor of the motions (and there is no guarantee that he will, or will even take up the motions before the end of the week), the motions mean nothing. They are certainly not the "Lone Ranger riding into the lawless town" that everyone has been expecting since last week.

By delaying from Thursday until today, Kerry's attorneys kept the motions off today's docket, and possibly tomorrow's, too.

If the power was out at the Federal courthouse Thursday, and the servers down because of it, the Kerry team could have filed on Christmas Day, Saturday, Sunday, or sometime after midnight- having a shot at getting on today's docket.

Kerry's attorneys fiddled, and screwed themselves out of at least one court day before the Bush Inauguration.

Too bad Kerry hired a pack of baby seals to represent him in Ohio....

"Your honor, I object!"

The Pagan Preacher
I don't turn the other cheek.

[DoYouEverWonder]

99. Half the battle is in the court of public opinion

and timing a big move for after the holidays was definitely a good idea. If they had done anything last week, most people wouldn't have even heard about it.

Should they have filed yesterday? I think god's wrath beat Kerry's filing for the headlines yesterday.

Besides once the election goes to the courts and gets contested in Congress, there is a real possibility that the inauguration will be canceled or at the least delayed.

Take a chill pill and relax the wheels are in motion.

[Doctor O]

115. I am not sure that ANY court has the power to delay

the process set forth in the Constitution to complete the Presidential Election process.

And certainly not without substantial, concrete evidence. And complete discovery and evidence gathering which will take much more than the time alloted until January 6th.

I believe that at this point the only party that can do anything is the US Congress according to the election process set forth in which BOTH HOUSES OF CONGRESS MUST VOTE TO ACCEPT THE CHALLENGE.

Jan 6th is the only slim chance Kerry has of becoming President.

I would have thought today's filing would have been much more substantial. And it is not even a Kerry initiative. It is simply in support of the Glibs motion.

[Spazito]

135. Joining the Glibs filing changes the dynamics...

because unlike the Glibs, if fraud is proven, Kerry may have won Ohio which isn't the case with the Glibs.

[Doctor O]

139. But that would have to be proven prior to

Jan 6th before Congress votes to accept the electoral college, and there is not enough time to prove beyond a reasonable doubt and progress through all discovery. After Jan 6th it is a moot point as it pertains to Kerry.

[PaganPreacher]

143. Don't think so, because....

Kerry is an "intercessor", not a "plaintiff."

He is only acting in support of the Glibs. They are still the ones who have to show harm.

If he were in for the whole loaf, he would have joined as a plaintiff, NOT an intercessor.



The Pagan Preacher
I don't turn the other cheek.

[PaganPreacher]

149. Any attorney who bases his strategy on "public opinion"....

should be disbarred.

Attorneys are charged to represent their clients vigorously, with the ABSOLUTE intention to win in court (within the limits of professional ethics).

Tempering the legal strategy by seeking "favorable public opinion" is a good way to lose at trial.

This is turning into a sideshow.


"I object, your honor."

The Pagan Preacher
I don't turn the other cheek.

[eowyn_of_rohan]

112. Was it possible for them to file over the Christmas weekend?

I thought they could not file Christmas Eve day because the offices weren't open.

[PaganPreacher]

144. Yes, by electronic filing.

Kerry's attorneys could file anytime the courthouse servers were operating. 24 hours a day, 7 days a week.

If the power was out on Thursday (and we haven't heard "yea" or "nay" on that from anyone in Columbus), they could file anytime over the holiday weekend, and have a better chance of getting on today's docket.

But, they didn't.

The Pagan Preacher
I don't turn the other cheek.

[Doctor O]

54. Actually, the told us the reason they did not file on Thursday

was due to the weather, yet it was filed electronically which could have been done Thursday.

That makes it 5 days closer not one.

[Chi]

11. As Always, Thanks Will!! N/T

[SharonRB]

12. Thanks, Will

Let the games begin!

[CementDude]

13. Wow! All that anticipation was worth it!

Woooo-Hoooo!

So worth it. I'll be anxiously awaiting the Kerry/Edwards press conference which should soon follow.

[senseandsensibility]

21. I appreciate your sarcasm, cementdude

if not your constant efforts to rain on our parade.:( Seems you're good at sarcasm. Maybe you'd like to direct a little toward * occasionally?

[Jo March]

57. Exactly, s&s

* deserves the sarcasm, not Kerry/Edwards. I guess they should have filed with nothing to back it up, perhaps? LOL.

[PaganPreacher]

94. They didn't need evidence to file this motion.

The purpose of the motion was to try to secure evidence to support their intercession, and to get permission to take depositions.

Kerry's team didn't need evidence to file the motions- they should have filed the motions last week to secure the evidence for trial.

They screwed up.

Maybe if their client was not in Idaho, skiing, they would be better-motivated to work on the case.



The Pagan Preacher
I don't turn the other cheek.

[Chimpanzee]

142. If I agree they screwed up, will you shut up and go away?

[PaganPreacher]

145. Ummmm.......no.

But, thanks for asking!

The Pagan Preacher
I don't turn the other cheek.

[Nothing Without Hope]

15. Excellent! I'd also like to hear your take on KO's view of this n/t

[alexisfree]

16. good!!!!

...my fingernails are gone!

[SmokingJacket]

18. !!!!!!!!! nt!

[understandinglife]

20. Reading the following via PACER.....is this what you've anticipated?

"Pursuant to Federal Rule of Civil Procedure 26, Intervenor-Defendant Kerry-
Edwards 2004, Inc. hereby moves this Court for an order preserving materials from the
2004 presidential election and for leave to take a limited number of depositions on an
expedited schedule. The depositions and preservation order sought by Intervenor-
Defendant Kerry-Edwards 2004, Inc. are the same as those sought in the motion filed on
December 23, 2004 by Defendants NVRI, Cobb and Badnarik. Intervenor-Defendant
Kerry-Edwads 2004, Inc. hereby adopts the memorandum and proposed order filed by the
Defendants in support of its own motion.
Dated: December 27, 2004
Respectfully submitted,
/s/ Donald J. McTigue
______________________________
Donald J. McTigue (0022849)
Law Offices of Donald J. McTigue
3886 North High Street
Columbus, OH 43214
Telephone: [phone]
Fax: [phone]
Counsel for Intervenor-Defendant
Kerry-Edwards 2004, Inc.
Certificate of Service
This is to certify that a copy of the foregoing was electronically filed this 27th day
of December, 2004. Notice of this filing will be sent to all parties by operation of the
Court’s electronic filing system. Parties may access this through the Court’s system.
/s/ Donald J. McTigue
______________________________
Donald J. McTigue, Attorney at Law

[crispini]

29. That's gotta be it. n/t

[caligirl]

33. Thanks, you must have typed every word, pdf sucks for reposts

[understandinglife]

48. Actually, tools from Adobe do exist that enable you to copy/paste...

...I've got a license to those tools!

And, here's the header info:
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
STATE EX. REL DAVID YOST, )
et al., )
)
Plaintiffs, ) Civil Action No.: C2-04-1139
) (ES/TK)
v. )
)
NATIONAL VOTING )
RIGHTS INSTITUTE, et al., )
)
Defendants )
)
and )
)
KERRY-EDWARDS 2004, Inc. )
)
Intervenor-Defendant )
___________________________________ )
)
NATIONAL VOTING )
RIGHTS INSTITUTE, et al. )
)
Counter-Plaintiffs, )
)
v. )
)
DELAWARE COUNTY BOARD )
OF ELECTIONS )
)
and )
)
J. KENNETH BLACKWELL, )
)
Counter-Defendants )
MOTION OF INTERVENOR-DEFENDANT KERRY-EDWARDS 2004, INC.
FOR A PRESERVATION ORDER AND FOR LEAVE TO TAKE LIMITED
EXPEDITED DISCOVERY

******************************
Peace.

[stepnw1f]

133. Sweet!!!!

I'm sure there is LOTs more. Drip it Will. And thanks!

[Amaryllis]

46. Is this the whole thing or will there be more or do you know?

[understandinglife]

49. All that's currently posted: Will likely has more info (n/t)

[MelissaB]

47. Hot damn!

[msongs]

22. so...where is the press conference, or is this just another

inside joke, where 99% of all elected democrats spread em wide for any republican old enuff to stand up*.

Msongs
www.msongs.com/political-shirts.htm

* I only say this because most of our California official dems are total cowards when it comes to election fraud and its prevention.

[Vidar]

23. Thank God. Thank you Will for keeping us informed.

[Kota]

24. Thank you Will.

[DELUSIONAL]

25. I just saw a Green Flash -- and knew at that moment that

I was seeing a good omen.

Thanks Will for midwifing news this for us.

[lonestarnot]

34. Carefull what you wish for may mean civil war and how many balls do you

have inventory...ARE WE READY TO STAND UP?????

[DesEtoiles]

27. Thanks, Will - a note to all - read further details CAREFULLY -

and don't make imprecise or incorrect summaries when discussing/posting!

[valis]

28. WilliamPitt ROCKS! He should be president!!!!

[hippiechick]

101. Because he posted an informationless thread ?

:shrug: Your adoration perplexes me.



:hippie:

[valis]

137. Are you saying that William should NOT be president?

Shame on you. Over the years he has shown leadership, courage, and competence. He's too young , that's the only problem. One day, I'll tell my children I was honored to be on the same board with President William Pitt! And you will too!

[politicasista]

30. Kick to Will!

:kick: :kick:

[lonestarnot]

31. LOVE YOU WILLIAM PITT THANKS!

[livvy]

32. Thanks!

[valis]

35. DoubleKick to Will!!

[KalicoKitty]

36. Thanks, Will!!!!!

<n/t>

[Miami Liberal]

38. Woo hoo!

:bounce: :bounce: :bounce:

[Amaryllis]

39. I never thought I'd be acting like a junkie waiting for a fix.

[bunny planet]

40. Thank you. I can breath now.

;)

[valis]

44. With all these fans, WilliamPitt should sell autographed items!

They'd be snatched up!!!

[Tandalayo_Scheisskopf]

62. Will Pitt Tour Jackets?

Sure. I'll wear one. Why the hell not? ;-)

Beats something with Iron Maiden's "Eddie" on it by a fur piece...

[Vektor]

45. Did they manage...

...to smuggle, in teeny tiny print, somewhere in the text of the petition, "BTW, GWB is a big fat turd burglar"?

Because I TOTALLY would have.

[senseandsensibility]

50. LOL

They DO like the word turd. Did you hear that *'s nickname for Rove is turdblossom? Umm.... suddenly, I don't feel so good...:puke:

[Vektor]

63. HAHA I have never heard that...

...but it doesn't surprise me. It seems pretty appropriate. So they have lovey pet names for each other?

Turdblossom: "Rimwrangler?"

Rimwrangler: "Yes, darlin'?"

Turdblossom: "Can we look at our John Kerry pool picture and play "Dueling Swords" again?

Rimwrangler: "Absolutely, doll. And if you are a good little operative, maybe we can go out and oppress someone later, or burn a few more of the Ohio Kerry ballots we have hidden in the barn."

Turdblossom: "I love you Rimwrangler."

Rimwrangler: "I love you too, T.B."

[senseandsensibility]

70. Gag....

EWWWWWW....running for the toilet as I write this...:P

[Vektor]

121. I know...

It's a horrible visual, isn't it?
Sorry to have induced vomiting. :-(

[madison2000]

51. Thank you Will Pitt!

:hi:

[Pithy Cherub]

53. Giving birth to hope is hard work, eh Will?

;)

[Jo March]

55. That "whoosh" sound was me breathing again!

Hooray! Hooray for good news! Hooray!

:bounce: :bounce: :bounce: :bounce: :bounce: :bounce:

[goclark]

95. It's Rock and Roll For Our Votes Now!!

Let's get ready to rumble!!!

Rock Around the Clock Tonight!!!

[DoYouEverWonder]

58. Blackwell filed too

he wants a protective order from the courts so that he doesn't have to talk to lawyers. ROFLMAO.

He's gonna need more than a protective order to save his sorry ass. Blackwell is going down and I hope he takes the rest of these clowns with him.

[understandinglife]

59. Only talking Blackwell should be doing is plea barganing (n/t)

[Jo March]

61. He'll need a pretty damn big protection order

to cover all of his crimes. I hope that he goes down soon. He'll sing all the way to the bottom.

[fooj]

66. I agree!!

Once again Will, Thanks for all that you do!!! Here's another thought to ponder...do you really think Blackwell will be "protected" by those thugs? Hell, they'd sell their mother down the river for a hot cup of java!!!

[spotbird]

74. do you have a link?

This should be interesting.

[Spazito]

88. Here is the link re Blackwell..

http://www.ohio.com/mld/beaconjournal/news/state/10508601.htm?1c

and to the DU thread discussing it:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x199424

[spotbird]

93. Thanks. nt

[DoYouEverWonder]

106. You beat me to it

Thanks

[gkhouston]

87. Isn't it priceless?

Blackwell's throwing off stress signals like a Catherine wheel. He might as well be wearing signs that read, "Guilty party" and "weak link."

If Arnebeck or Kerry's lawyers or Conyers or the press or the voters or SOMEBODY will keep pressing this guy, he's going to crack, and sooner rather than later, I think. I'm not sure he's even going to make it until the 6th. What else can we throw at him?

Gina

[Chelsea Patriot]

132. Katherine Blackwell is no Katherine Harris!

Kathy Blackwell will crack.

[aquart]

110. Orange jumpsuit. Ankle chains. Blackwell.

Now there's a best-dressed list for the New Year.

[Silver Gaia]

60. WooHoo! Best birthday I coulda hoped for!

I'm now eagerly awaiting details... but I did get my wish! hehehe

:bounce: :bounce: :bounce: :bounce: :bounce: :bounce:

:party: :toast: :party: :beer: :party:

Thanks for all you do, Will! :loveya: :yourock:

:party: :grouphug: :party:

[libertypirate]

68. Mine on the 25th....

I want democracy for my b-day...

[OmmmSweetOmmm]

69. Happy Birthday To You! :)

[Silver Gaia]

75. Thank ye muchly, OSO...

:toast: :D

[OmmmSweetOmmm]

89. My pleasure! Have a ball!

[Miami Liberal]

104. Yummy, that looks delish

:7

[OmmmSweetOmmm]

124. :)

[Miami Liberal]

73. Happy Birthday!

:party:

[Silver Gaia]

81. And thanks to you, too, ML!

:bounce: :toast: :bounce:

[bettyellen]

79. Happy Birthday Joolz and welcome to DU !!

[Silver Gaia]

91. heh... Thanks bettyellen!

Can ya tell Will and Kerry made my day? :toast:

This birthday may end up topping my 40th one, on which I shook hands with Bill Clinton. ;) ::: doin' the happyhappyhappy dance :::

[bettyellen]

128. Happy Dancing here too!!

[sickinohio]

96. And this is a happy b-day today to my grandaughter also

and a happy anniversary to me and my husband!!!!:toast:

[Silver Gaia]

103. Happy Anniversary!!!

And all the best to yer granddaughter, too! :toast:

[sickinohio]

116. Thanks - looks like this may be a happy day for all of us!!!

:pals:

[Pam-Moby]

97. Happy Birthday Joolz and thanks Will

:party: :yourock:

[Silver Gaia]

108. Thanks to you, too, Pam...

:party: :toast: :party:

[yankeefanatic3]

64. Happy Holidays to me! n/t

[azndndude]

65. Filing

We here on the Navajo Reservation are also waiting!! we voted for Kerry at 95%!!!!!!!!!!

[alexisfree]

72. hello!

:hi:

[senseandsensibility]

77. Navajos rock!!

:-) And welcome to DU!

[Darkhawk32]

82. But, but, Bush said you were a sovereign nation....

You remember that little speech he gave? LOL

[azndndude]

146. Bush response on Tribal sovereigniy question

Yeah I even have the video saved on desktop from Democracy Now, Did you see Jesse Jackson response? He was imitating Bush!!

[azndndude]

148. Bush response vid w/Jesse Jackson

link http://www.democracynow.org/article.pl?sid=04/08/10/149259 hope it works! jesse goods a good laugh at expense of shrub

[lonestarnot]

83. Hey n howdy up North! Stay tuned and welcome.

[Miami Liberal]

85. Welcome to DU azndndude!

:hi:

[azndndude]

147. Thanks Glad to be here!!

[elizm]

102. Good to have you along!

:hi:

[Peace Patriot]

67. The key word is "depositions"

"Depositions" generally means an aggressive intervention, i.e., they're on to a "smoking gun" and their going after the perps. Although we don't yet know what "limited" means (in "a limited number of depositions"), combined with the requested order to preserve evidence, it's pretty clear that this is a challenge of the election (more than just "count all the votes), that they think there was fraud, and that the evidence that they have will be supported by deposing (detailed questioning of) officials and others responsible, and that there is more evidence to be found in the "election materials" and via depositions.

Thank you, understandinglife, for conveying this word for word!

[Clark2008]

76. Has anyone sent this to KO

He's got a couple of hours before broadcast...

[crispini]

80. Tasty!

I like your summary. Are you a lawyer?

[lonestarnot]

86. limited number depos

few depos the techi who broke the law; works for triad, teresa blackwell; boe lockdown people, probably 7

[Blue_In_AK]

123. Videotape

I hope they're videotaping the depositions because sometimes a "look" is worth a thousand words.

[GetTheRightVote]

71. Thank you Will, waiting with bated breathe ............

:toast:

[ExpatriateTexan]

78. Thanks for monitoring

I wasn't "normal", but it did help.

[mahina]

90. Thanks Will!

Imagine how different things would look if we could just count on the newspapers and TV news for the truth instead of actively searching for it. For one thing our fellow citizens wouldn't be snowed.
I've mentioned it here a few times but if anyone can get a hold of the documentary "A Force More Powerful" you will see how people like you and me changed the world and brought freedom to Poland, India, Chile, & Denmark through witholding cooperation and resistance. We CAN do it.

Time to leaflet the neighborhood again, god bless you Will Pit and DU.

[wlubin]

92. YEAH BABY YEAH!!!!!

[tilsammans]

98. YAY!!!!!!!!!!!!!!!!!

Thanks, Will!

:toast:

[FarLefty]

100. Can't wait

For the Details!!:kick: :grouphug:

[aquart]

107. This is stupid: I'm crying.

Well, it's not like democracy has been saved or anything. It hasn't. But...People stronger than I am are fighting.

Maybe this is gratitude.

[troubleinwinter]

111. Probably a release of stress....

I was just thinking how exciting it is, to have the opportunity to share all the goings-on with such great folks. We didn't have DU while Watergate was unfolding!

It is truly uplifting to see how many devoted people are working so hard, and giving so much of themselves for democracy!!

It is worthy of tears!

[Name removed]

117. Deleted message

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

[NMDemDist2]

118. welcome to DU elwood

and hugs to you :hug: and to your kids :pals:

[Name removed]

127. Deleted message

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

[bunny planet]

141. Welcome Elwood

[Der Blaue Engel]

125. Welcome to DU, Mr. Blues!

(Or welcome out of lurkdom, anyway.) :)

:hi:

I'm very sorry for your loss, and I hope she will be able to RiP too. :hug:

I, too, am hoping I can soon stop worrying about my son being drafted into Bush's illegal war.

[Name removed]

126. Deleted message

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

[aquart]

136. Thank you, Elwoodblues. Welcome to DU.

[mirrera]

109. Settled in...drink in hand n/t

[bleever]

113. Yeah, Baby!

Rubber hits the road.

Glad I got a comfy new office chair for hours in front of the computer!

Gonna be a happy New Year.

[Quakerfriend]

114. Haaaaaaaaaaaaaaa! LOL!

THx I needed that!

[cyberpj]

119. OK - GO HERE NOW FOR DETAILS....

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x199763

[molly]

120. Hallelujah - Hallelujah - Halle-lu-jah!!!!

[bunny planet]

122. Yes!!!!!!!!!!!!!!!!!

[ccarter84]

129. what'd I miss...

is there a link to the filing somewhere?

[WilliamPitt]

130. Here

http://www.truthout.org/docs_04/122804V.shtml

[demwing]

134. kerry joined the filing

just what was rumored would happen, only that we didn't know when, or even if it was true.

The question is "Now What?"

[gdub]

131. See additional analysis here:

FROM SCAM-O-RAMA (http//:scam-o-rama.blogspot.com):

Today, the Kerry/Edwards campaign filed a motion to intervene in Federal court in connection with a recount effort involving the 2004 presidential election. The anticipated Kerry/Edwards action follows a ruling this past week by the Republican-dominated Ohio Supreme Court that lays groundwork for procedural delay and ultimate dismissal of a separate challenge of election suit brought by a public interest group in Ohio Supreme Court. The contest of election suit alleges wide spread fraud and voter disenfranchisement in the Ohio presidential and Supreme Court elections and asks for the Ohio Supreme Court to vacate the election results.

The new development from the Kerry/Edwards camp is significant and critical to the investigation of potential fraud in the 2004 General Election. Without additional involvement by the Kerry/Edwards campaign in the recount process, the recount investigation in Ohio may be over, with the “official” recount results showing John Kerry picking up only 242 votes against George Bush.

The stakes are higher than may be readily apparent. A dismissal by the Ohio Supreme Court at this juncture would effectively end the investigation into allegations of fraud in the 2004 General Election. The evidentiary record will begin to deteriorate and to be lost completely. The likely result is the suppression of any further questions concerning the legitimacy of the Presidency of the United States amid wide spread and credible allegations of fraud, conspiracy and corruption.

MORE:
http://scam-o-rama.blogspot.com

[jazzjunkysue]

138. When will judge rule?

Anyone know when to expect the judge to say, yeah, bring em in, or, now way, losers? Tomorrow? This week?

[davidgmills]

140. If someone can get a copy I'll give my legal take on it

Read the other complaints on the Green cobb website earlier in the day