Mid flight analysis:
I’m flying at 35,000 feet, halfway between Seattle and Philadelphia, but before takeoff, Andrew was kind enough to give me a lunch-break update from the Chelan County Courthouse. Apparently, Judge Bridges ordered the turkey club sandwich, but picked out the tomato. The Secretary of State’s lead attorney, Thomas Ahearn, had the chicken caesar salad, as did the Democrats’ Jenny Durkan (only with the dressing on the side.) Meanwhile the Republican legal team disappeared into a private conference room, only to emerge 30 minutes later, slightly disheveled and stinking of gin.
And oh yeah… the judge dismissed the 39 county auditors as defendants, while denying the Democrats’ motions on venue and jurisdiction.
Yawn.
I suppose it’s possible I’ll get to Philly, go online, and discover something dramatic happened. But I doubt it. Besides, it’s really all just foreplay until we get to the Supreme Court. (Not that I’m dissing foreplay.)
Speaking of which, I’m sure the cunning linguists over on the right-wing blogs have been wagging their tongues for hours now about Rossi’s stunning legal victory… whatever the ruling. But despite their best efforts to seduce voters with promises of a rock solid election, passion continues to steadily wane for their flaccid “re-vote” campaign.
[Editor’s note: No, I’m not drunk… I’ve had nothing but tea and water. I’m just bored. Really, really, really bored.]
In fact, this whole election contest has been kind of a tease, hasn’t it? We have hundreds of felons voting for Rossi. Hundreds more unverified provisional ballots most of which have now been verified. Military personnel denied the vote even though ballots were mailed out on time, and returned in numbers matching the general public.
But the biggest tease of all, is the allegation that they have irrefutable proof of a stolen election, when all they’ve really uncovered are the types and quantities of errors we expect to see in any election of 3 million ballots cast.
So that’s my post ruling analysis. Let’s see how it holds up once I land and see the actual rulings for myself….
Post flight analysis:
Okay. I’ll preface my postscript by reiterating that none of this really matters, because the final ruling will be made by the Supremes.
But… if this ruling did matter… then it wouldn’t be a very a good day for Dino Rossi. I think.
I haven’t seen the transcript, but according to David Postman in The Seattle Times, Judge Bridges’s ruling may have given a fatal blow to the Republican case:
But he ruled that Republicans must show any illegal votes were cast in favor of Gregoire, and not Republican candidate Dino Rossi. There would have to be enough illegal Gregoire votes to erase her 129-vote victory margin.
Bridges said that if Republicans did prove their case, he would not order a new election for governor as they want him to do. Rossi has said that was the only remedy he would accept.
Democrats had argued the judge didn’t have that power, and Bridges agreed. He said state law and the state constitution do not give him the power to order a new vote, which he called “special relief.”
Remember what I wrote about the court lacking “general equity jurisdiction” in an election contest for an executive office? Both these rulings (assuming this was the ruling) seem to support this interpretation. Essentially, the judge has said that he would hold the contest to the narrow confines of the statute. That is exactly what the Democrats wanted.
Anyway, I’m continuing to wade through the available reports, and will post a more detailed analysis tomorrow.
www.felonsfordino.com spews:
Excerpt from TJ’s article on http://alsoalso.typepad.com/al.....chela.html
“Sense of the blogosphere dept: it seems others are wondering if the Times’ statement about the judge calling for illegal Gregoire votes as the standard is legit. I do confess I did not hear that, and neither did others…but at least one commenter someplace has said they did in fact hear him. Take that for what it’s worth. So far the MSM line is that he did say it, I guess. Anyone who gets a clarification from the author, let me know or I may ask my own self.”
Mac Diva spews:
It seems to me that by saying that the illegal votes must be for Gregoire Bridges would be interpreting the fraud statute to require that. But, where is the legislative intent?
In regard to the comment above this one, I’m puzzled, too. The Post-Intelligencer‘s article does not say that Bridges’ is claiming illegal votes must be all for one side.
Richard Pope spews:
I think most of what we are getting is hearsay, as far as what happened in court on Friday. Really. Did Judge Bridges actually sign any orders on paper Friday? Or is everything simply oral rulings? Of course, oral rulings get transcribed and are very important. Usually, the written orders end up saying the same thing as the oral rulings. But unless I can see a copy of the written orders (if any) or a copy of the entire transcript, how do I know whether the news media or other folks are telling — the truth, the whole truth, and nothing but the truth?
bby spews:
Richrd – give it up. It is called live coverage – no CIA staged imposter at the bench – he talked on TV, like the photos of prison torture. Centruy 21 media – all the spin in the world will not change the judges words.
It is over. All the theory of the case discussed and supported here by the Dems were in play yesterday. Dems won.
No revote. Then…. Better have proof that the votes you are presenting were casts for Gregoire and they are illegal, not just mistakes.
Over. Tell Rossi to hire his own driver. Tell him it was a mistake to intimidate the counties……esp. the ones in Eastern Washington….those rural counties that this Judge loves so much.
Tell him that he needed a case all along.
George Bakan spews:
It is over for the R’s….little noticed, letting the counties out. The R’s were setting the stage for accusations in 5 or 6 couties of massive problems, mistakes, and who knows what else. All that PR went south.
Now it is facts. The judge said, let’s have a trial with facts, and remember this stufff is hard to prove and I will be narrow in any effort to overturn this election. No revote remedy on the table, period. He said very deliberately not in the law, or constitution and I will not use equity powers for that remedy. Dead.
The house of cards just tumbled. Rossi looks foolish, Chris Vance is a clown and the Dems are going to have a good session in Olympia.
If there is any effort to appeal, the Supremes will punt. Refuse juristiction and say let the trail court do its work. Not ripe is the phrase as pointed out by others.
R’s will look even more like sore loosers as they appeal.
Remember this is a cow county, Republican judge. The Seattle R’s chose him.
torridjoe spews:
Richard, you’re absolutely right. My analysis is based entirely on what I heard from the feed at KING-TV…and I was working at the same time, and the feed was out for most of the argumentation period after lunch. It did luckily come back right before his later rulings, though.
So don’t take anything said as gospel. (But I’m personally fairly confident I have most of it right).
Postman’s updated his story, and it gets no less confused. He goes back and forth on the “illegal votes” standard.
http://seattletimes.nwsource.c.....te05m.html
RonK, Seattle spews:
Mac D — The lege made an explicit choice between model language requiring illegal votes to change the outcome, and model language requiring illegal votes to cover the margin. I thinks that’ll be sufficient as to intent.
Did Judge Bridges indicate he’ll adhere to that standard? Not clear to me, but maybe he did by reference to applicable RCW.
Will Supreme Court adhere to the (arguably impossible) standard? Less clear.
ISTM Bridges took a very workmanlike, plain-reading tour of the issues and the law, which leaves a number of balls in GOP’s court (to whack into the skyboxes if they can).
middleoftheroader spews:
i have a quick question about the case that someone might have an answer to. How are the Republicans going to prove that an illegal vote actually exists? Would the mere allegation or showing of an illegal vote be a sufficient or would the Republicans need to have the illegal voters admit in an open court (or a jury state) that they committed an illegal act?
Erik spews:
How are the Republicans going to prove that an illegal vote actually exists?
Some will not be too hard such as for dead voters.
My analysis is based entirely on what I heard from the feed at KING-TV…and I was working at the same time, and the feed was out for most of the argumentation period after lunch
What I heard was that before he let some of the causes of action of Rossi proceed, the judge carefully read the statute showing he knew how difficult this was going to be for Rossi so that evryone understood.
The judge read a portion of the case law where it stated you couldn’t blame either party for illegal votes. That takes the wind out of the GOP/BIAW attempts to date as they have no idea who the dead people and felons voted for.
The chances of Brad Owen being the governor just went up from 0 to 5 percent.
Erik spews:
Ouch. The revote website died. Is this permanent or a mistake?
http://www.revote.org/
Adriel spews:
http://www.revote.com
You had the wrong link.
Adriel spews:
Ignore my last post here is the link.
http://www.revotewa.com/
Mark spews:
Apparently, everyone on here — those in their “right” mind and those out of it — knows little about the law and court cases in general. When will you realize that nothing said yesterday means that anything is settled except for the fact that the GOP can continue and that the counties don’t have to mount their own legal defenses (though they still must comply with discovery, etc.)? This case walks on the edge of a razor blade and could tip in either direction at any time — at which point, the “losing” side (at that moment) will simply appeal to some higher power.
RDC spews:
Mark @ 13
You are right, but a better metaphor than the edge of a razor blade might be the edge of a cliff, with the Republicans walking on the edge and the Democrats a few feet back from the edge. Also, the ruling on no revote, if sustained, does put Rossi in a PR dilemma, given his widely quoted statements about not accepting the governorship under those circumstances. It’s all good theater, but in the end I think the Dems will get most of the Tony awards.
Adriel spews:
mark bby is a mental midget pay no attention. If you ignore him then you will kill his enormous ego, his inability to process any new information that contradicts his grasp on reality is really pathetic. Just feel sorry for him and humor him like the guys that hang clothes up in The Salvation Army.
torridjoe spews:
Mark @13
No doubt–I guess I figure it’s understood that we all recognize this is at trial stage, and there are almost assuredly going to be appeals. We are simply evaluating the state of the case as it now appears to stand, which to me is: the case will go forward, but the bar for prevailing is very high, and the remedy of a revote is not going to happen.
Don spews:
Mark @ 13
You are technically correct in the sense that you are unable to see a forest in front of you because too many trees are in the way.
Don spews:
Adriel @ 15
Folks of your persuasion have gotten so habitual about using ad hominem attack as your basic method of argumentation that you have forgotten how to do anything else. Let’s hear your legal argument — if you have one.
Adriel spews:
Don I was merely stooping to his level for a brief second to show how stubborn he was being, Don’t fret all is well. I was just really getting tired of him not adding to the conversation and in fact taking away from it.
Don spews:
Adriel @ 19
OK, you get a pass this time!
bby spews:
Adiel – conversation with who? What is to converse about?
I have several advanced degrees, own businesses and am well invested for retirement- am a flaming leftist- vet- and proud of what all that meand in my communities. So what is the conversation you want?
To tell you this lawsuit was a good idea- it was not. To tell you they have found the fraud they need – they haven’t- it does not exist.
That the good Judge will do the Republican thing? No, he is smarter than that. This is his chance in real NATIONAL judical history. This election is being followed by scholars all over the world. They are calling it “the three count model” – unique in electoral history.
You and all your ilk from the right wing have some real issues with the election of Gregoire- OK by me. Suffer, and stammer all you want. It is over.
Send Dinot to Iraq. Some new chances at real estate investing with and fat cat R’s abound there. He can get 400,000.00 a year from Haliburton plus expenses. The guy has options.
No as Gov. of this state.
Get over your self – and keep insulting everybody that is a lefty. Makes my work in Seattle very easy. Spout the racism and homophibia and classist claptrap that are the hallmarks of your party…..and nominate Pam Roach for Gov. Her mutant son for number 2….what a combo.
bby spews:
Adriel – and you are a total control freak- the blog must be done your way or you cry and get all freaked. Jeez- kick you kids around or the dog, I am not availible for your frustrated gruntings and rants
bby spews:
Mark – yes the findings from yesterday mean a lot. You have a very effient matter of fact judge, confident, ruling right from the bench.
Not intimidated by anything. Very rural, high school lecture time in his court. Booted the counties for his sake and theirs. The R’s were holding them hostage— hoping to squeeze nice people to bolster their weak case. Hard core fishing.
Did not work. The power to suponea and discovery is universal for both sides. They can use those powers anywhere, anytime and for anybody. But the question is what do they hope to find that is not already know? Rehashing information does not get the R’s a better case. They have been pawing over everything they could get their hands on with a big paid staff for weeks- nada.
Rossi was hoping his own – we need revote- PR would be substitued for the law. How fucking silly. And what attorney of high intellect would have played along with Vance and the right wingers?
You have no case, and then you act like it is your right to spin the situation and have all parties agree that you get want you want because— ” I did not win. She did.”
Too much. Stupid. Silly. Mindless. Don’t hire these people for your legal team.
Mr. Cynical spews:
Adriel–
Don’t argue with Rudy…I mean bby (sorry, he used to be Rudy..the angry gay male!).
bby is absolutely correct once again…on all his comments.
It’s uncanny how much sense bby makes.
He’s certainly changed my opinions on things 180 degrees!
bby is the poster-child for Don’s vision of what a liberal ought to be.
Don–you must be proud to be shoulder-to-shoulder, head-to-head and front-to-back with someone of bby’s stature.
Yes Adriel, Rossi ought to just hang it up. I sent Rossi bby’s posts and he is almost convinced to follow bby’s sage advice.
Don, I’ve got to hand it to you Lefty’s…you must be proud!
HowCanYouBePROUDtobeAnASS spews:
I have several advanced degrees, own businesses and am well invested for retirement- am a flaming leftist- vet- and proud of what all that meand in my communities. -Comment by bby— 2/5/05 @ 6:06 pm
Yep.
All that.
And yet,
NEVER manages to to get a post in during SCHOOL HOURS!
snicker
jcricket spews:
“NEVER manages to to get a post in during SCHOOL HOURS!”
Also known to many people (but apparently not Ass) as working hours (some people work 7-3, 8-5 or 9-6).
snicker
Indeed.
HowCanYouBePROUDtobeAnASS spews:
Oh poor little delusional cricket.
You see little dear Mr/Mrs/Ms/Miss/Madam/Maiden/Master/GenderNeutral-Undecided-Ambiguous-Ambidexterous-Confused/Asexual/Eunuch/Amoeba/Protozoa/Genus Gryllus and/or Genus Anurogryllus Cricket, somehow he managed to post during those times over which you are attempting to gloat during the Christmas, (oh! sorry. how unPC of me) the winter solstice holiday break.
Nice try. No snicker, just a hearty laugh right out loud at YOU:
House Crickets normally live outdoors especially in garbage dumps.
Except for a mother and her young, and, briefly, for some matings, Short-Tailed Crickets live alone.
Sanitation is the most important means of eliminating nuisance crickets.
Heavy cricket migrations are hard to control. It may be necessary to use insecticides.
Certain crickets occasionally invade homes and become a pest by their presence.
Homeowners complain of their monotonous chirping**, which can be annoying especially at night when trying to get some sleep.
**I AM cricket!!! I know everything! I do! I do! I DO! Do NOT attempt to tell me anything!!! My mind is closed but it doesn’t matter anyway because NO MATTER what you say I will close my eyes, put my fingers in my ears and mumble my mantra “I am my god, I am my god, I am my god…nyah, nyah, n’nyah, nyah I win”
HowCanYouBePROUDtobeAnASS spews:
Also known to many people (but apparently not Ass) as working hours (some people work 7-3, 8-5 or 9-6). -Comment by jcricket— 2/7/05 @ 1:02 pm
Nor you evidently dear little Mr/Mrs/Ms/Miss/Madam/Maiden/Master, GenderNeutral- Undecided – Ambiguous – Ambidexterous /Confused /Asexual / Eunuch / Amoeba / Protozoa /Genus Gryllus and/or Genus Anurogryllus Cricket.
Nice try.
jcricket spews:
Not sure I should really wade in, but do you have some form of Terrets? Or perhaps a psychiatrist could recommend some medication to calm your irrational anger. I hope you’re not taking it out on your kids (or do those really exist? You seem to post a lot for someone who has kids to care for).
HowCanYouBePROUDtobeAnASS spews:
Do you pay attention?
MY “kids” are 25, 23 and 16.
HowCanYouBePROUDtobeAnASS spews:
And, its Tourette’s Syndrome.
HowCanYouBePROUDtobeAnASS spews:
Or perhaps a psychiatrist could recommend some medication to calm your irrational anger. -Comment by jcricket— 2/7/05 @ 4:06 pm
Could you possibly be more insulting, rude, smarmy or disgusting?
Yes, you probably could… and usually are.
It’s not conservatives that are known to run for drugs (legal or otherwise) to ‘enhance’ their lives kiddo.
HowCanYouBePROUDtobeAnASS spews:
You seem to post a lot for someone who has kids to care for). -Comment by jcricket— 2/7/05 @ 4:06 pm
And you seem to post a lot for someone who claims to be gainfully employed… unless of course you are cheating your employer out of full days work.
jcricket spews:
MY “kids” are 25, 23 and 16.
Quite the elaborate fantasy life you’ve built up for yourself there. You definitely seem like someone who could benefit from the wonders of modern medicine.
And please “It’s not conservatives that are known to run for drugs (legal or otherwise) to ‘enhance’ their lives kiddo.” So I guess Rush Limbaugh’s now a “flaming liberal”.
You’d be funny if you weren’t so sad.
HowCanYouBePROUDtobeAnASS spews:
Listen up you little liberal twerp, you want to take me on you go for it, but to take on MY CHILDREN is as crass and low class as they come… although no less than I would expect of you.
Now, go ahead go crying to goldy again – whaa whaa, you are as predictable as potheads wandering around Seattle.
HowCanYouBePROUDtobeAnASS spews:
You’d be funny if you weren’t so sad. -Comment by jcricket— 2/7/05 @ 5:30 pm
I used to think perhaps you had value as mild diversionary amusement, now I see that you are pure, unadulterated hatred deserving of little less than scorn and pity. Congratulations, you have both.
jpgee spews:
P=Ass, are you kids (you brought them up so they are fair play) as inbred, conceited, ignorant and homophobic as you are? Statistically speaking at least 1 is gay. in your loving case, I imagine all three are
jcricket spews:
Wow Ass. I have your scorn and pity? I’m so proud and excited. Truly a banner day.
HowCanYouBePROUDtobeAnASS spews:
And I suggest you try to remember ‘little’ Chelsea – she was regularly trotted out like a prize farm animal and yet she was “off limits”. Your hypocrisy is showing yet again. I repeat it is crass, classless and pathetic to attack someones/ANYones children.
Sorry jpiggee kiddo, none gay – go do your chickenhawk stroll and troll somewhere else.
And noisy little bug, I understand your hateful frustration comes from your problems with Sapphic intimacy (lack thereof)… and certainly it’s difficult for you to have a meaningful conversation with your turkey baster.
jcricket spews:
Sapphic intimacy? Turkey Baster? Man, that’s rich. You truly have no idea what you’re talking about, but it does reinforce the point that conservatives are obsessed with homosexual sex.
HowCanYouBePROUDtobeAnASS spews:
Oh I see… I have “no idea” what I’m talking about in regard to your sexual frustrations but you are an expert on my children:
I hope you’re not taking it out on your kids (or do those really exist? You seem to post a lot for someone who has kids to care for). -Comment by jcricket— 2/7/05 @ 4:06 pm
Quite the elaborate fantasy life you’ve built up for yourself there. – Comment by jcricket— 2/7/05 @ 5:30 pm
H Y P O C R I T E
and truly a horses ass.
jcricket spews:
Ass, are you really so dense you can’t figure out why you have no idea what you’re talking about with regards to my sexual frustrations? It’s the simplest of explanations.
jcricket spews:
BTW Ass, I (and I expect other progressives and liberals here) wear your scorn like a badge of honor. To be on the receiving end of one of your patented cut-and-paste bigoted or just-plain ill-informed attacks means you’re doing something right.
HowCanYouBePROUDtobeAnASS spews:
BTW noisy little bug, while I may not know the SOURCE of them, I’m glad we now both agree (by your own admission, I might add) on the FACT AND STATE of your sad little sexual frustrations.
While you may not like (but curiously often emulate) the “cut and paste” method of solidifying my point of view with other agreeing points of view, I would have to say it sure as hell beats your sadly repetitive shampoo bottle education/degree (STILL snickering over your “degree in logic“!) of BLATHER, RINSE, REPEAT; BLATHER, RINSE, REPEAT.
Hells bells, I bet you almost pulled an C in ‘Mindless Robot Talking Points’ and maybe even a B in ‘Liberal Whining’.
Congrats on your A in ‘Ass 101’… that’s one where you clearly excelled, and well, hey, you know… everyone has to be good at something.
HowCanYouBePROUDtobeAnASS spews:
To be on the receiving end of one of your patented cut-and-paste bigoted or just-plain ill-informed attacks means you’re doing something right. -Comment by jcricket— 2/8/05 @ 3:25 pm
Yes, I know I am – I do just about EVERYTHING right.
(Perhaps you can get bby to help you with your grammar babe. What a pair of yahoo bookends you make!)
jcricket spews:
Keep dreamin’ Ass. Maybe you’ll even convince one of your kids some day that you’re right.
jcricket spews:
I’m glad we now both agree (by your own admission, I might add) on the FACT AND STATE of your sad little sexual frustrations
Not sure how you pulled that out of my posts (more likely out of your ass), but I’m still laughing at your Sapphic/turkey baster refererences. Really rich. Shows how far off base you are even when you try to insult someone.
Enjoy your mental prison Ass.
HowCanYouBePROUDtobeAnASS spews:
Ass, are you really so dense you can’t figure out why you have no idea what you’re talking about with regards to my sexual frustrations? -Comment by jcricket— 2/8/05 @ 3:19 pm
Dissect the sentence, Einstein – I helped you out by putting it in bold.
You know noisy little bug, if you spent your college LOANS and got your “degree in logic” (snicker) anywhere other than Ronald McDonald University, you sure got ripped off babe.
jcricket spews:
Wow, your insults just keep getting better. LOANS? Is putting it in all caps supposed to make it hurt more. Tee-hee.
You haven’t been able to come close to your target yet. But keep trying. Maybe someday you’ll be like the proverbial broken clock.
But I’m guessing that you spend all of the free time you have now that most of your kids have left (and stopped calling) polishing your insult skills. So sad to see another life circling the wing-nut drain.
jcricket spews:
Oh, and try putting the emphasis on no idea what you’re talking about. You’re even more dense than Cynical with his inability to understand what Goldy’s accomplishing with his political activism.
HowCanYouBePROUDtobeAnASS spews:
The kids I have left?
I haven’t aborted any. All 3 are still very much alive, well, happy.
More disgusting smart ass smarmy.
And how cute, jump to Goldy’s defense… again – has he replaced your turkey baster yet?
HowCanYouBePROUDtobeAnASS spews:
I have to wonder what pathetic kind of subhuman debris gets pleasure out of attacking other peoples children.
Please noisy little bug, with your Ronald McDonald degree in logic, elucidate that for me… no for us all.
Explain to the world, limited as it is in this little blog, how you justify that.
Does it make you feel more manly?
Does it make up for the barren wasteland of your own uterus? Does it give you a perverse pleasure to spread your bitter hatefulness even to children?
How sad for you.
jcricket spews:
I just enjoy watching the veins pop out of your forehead (figuratively speaking) as you make an Ass out of yourself with poorly targeted insults to my body parts (or the ones you suppose I have), my sexual habits (or the ones your sex-obsessed mind supposes I have) and the gender you assume I am.
You’re hilarious, mainly because you take yourself so seriously.
Ta-ta.
jcricket spews:
Also, Ass, I really like that you attempt to smear me with an attack on your children when you obviously can’t even read.
I wrote: “…that most of your kids have left (and stopped calling)…”
Since you’re too dense to understand, I’m implying that most of your kids have left your residence (as in, “left the nest”), not that you only have a few kids left.
Worst…insult…ever.
HowCanYouBePROUDtobeAnASS spews:
I have to wonder what pathetic kind of subhuman debris gets pleasure out of attacking other peoples children.
Please noisy little bug, with your Ronald McDonald degree in logic, elucidate that for me… no for us all.
Explain to the world, limited as it is in this little blog, how you justify that.
Does it make you feel more manly?
Does it make up for the barren wasteland of your own uterus? Does it give you a perverse pleasure to spread your bitter hatefulness even to children?
How sad for you.
HowCanYouBePROUDtobeAnASS spews:
P=Ass, are you kids (you brought them up so they are fair play) as inbred, conceited, ignorant and homophobic as you are? -Comment by jpgee— 2/8/05 @ 2:41 am
So extrapolating forward from your little conclusion of “fair play”, when you mention your dead grandmother, your alcoholic father, your wife with breast cancer or your 7yr old brain damaged daughter, they too will be fair game for ridicule attempts eh?
So, was it your drunk father that killed your poor ol granny or was it your beating your child in frustration of your chemo drunken wife that led to her brain hypoxia?
What?
You find my analogies using YOUR innocents disgusting?
Tell me, is it more or less disgusting than attacking other folks children?
Interesting trot down logic lane you’re trying to make there.
HowCanYouBePROUDtobeAnASS spews:
and the gender you assume I am. -Comment by jcricket— 2/8/05 @ 10:12 pm
Your of the ‘tee-hee’ and ‘ta-ta’ are pretty good indicators of your gender and/or gender preference kiddo.
But, -male or female, him, her or it, bastard or bitch, prick or whore, it really doesn’t matter because being rude, contemptuous, bitter and hateful are all gender neutral.