Life in Hell. Day 5 trial updates.

[NWPT48]This morning the Democrats are expected to ask Judge Bridges to dismiss the case. He’s not gonna, but I’d much prefer spending the afternoon in my garden than listening to this boring regurgitation of boring minutia. Still, I suppose I better tune in, if only to have something intelligent damned entertaining to say on the Carlson Show this afternoon. As always, The Seattle Times’ David Postman is once again providing regular trial updates.

Double, double toil and trouble
The attorneys pretty much spent the better part of a half hour arguing over the admissibility of evidence of a handful of double voters. Once again, Judge Bridges ruled to include the evidence even though the R’s missed statutory deadlines. Big whoops. Now they’re arguing over the admissibility of more evidence. Surprise.

Pro-Rossi partisans may take solace in the fact the Democrats’ attorneys continue to raise objections to admitting evidence, and the Judge continues to shoot them down, despite missed deadlines and other technical violations of the rules of evidence. Personally, I’m happy having all the evidence admitted, so that when the Judge eventually rejects the contest on the evidence, the Rossi folk can’t complain that they were cheated.

Dismissal? (11:47 am)
The Republicans have finished presenting their evidence, and the Democrats are now arguing a motion to dismiss the case. The Judge won’t, but it’s their job, and apparently it’s all a part of a vigorous defense. Which of course, begs the question: why isn’t the attorney general putting on just as vigorous a defensive on behalf of the attorney general?

Thoughts on the testimony of Nicole Way (12:01 pm)
My daughter falsified her math homework. Of course, she claims that she thought the numbers were accurate, based on the best information available at the time. But she failed to properly show her work, as required by the instructions, so one can only conclude that her answer was clearly fraudulent. I am very disappointed in her.

I bet Judge Bridges is hungry (12:41 pm)
The Republicans are taking advantage of the Democrats’ motion to dismiss, to practice their closing statement. They’re taking issue with some of the Judge’s previous rulings, including the precedent of Foulkes, and the standard of proof. Considering the court usually breaks for lunch at noon, I’m wondering if it’s so smart to criticize the Judge while his tummy is rumbling?

Judge rejects motion to dismiss (1:14 pm)
No surprise.

Carlson Show at 3:15 (1:51 pm)
Stefan and I will be back on the John Carlson Show this afternoon, KVI-570, at 3:15 pm. We’ll be disagreeing about stuff, and then when Stefan can’t come up with a rebuttal, he’ll just ridicule my assertions, and dismissively move on to something else. Tune in.

He said, He said (2:59 pm)
In rejecting the Democrats motion to dismiss, Judge Bridges said:

“I cannot imagine that our ladies and gentlemen of the state Legislature ever contemplated the situation we find ourselves involved with today, where the parties and their attorneys have spent not less than six months trying to figure out what happened here and trying to collect evidence to support their various theories.”

Stefan over a (u)SP thinks this telegraphs something that bodes well for the Republicans. Hmm. In the context of a motion to dismiss, I think that’s a little bit of over analyzing and wishful thinking. I’m curious what you all think.

GOP charges a sham (3:51 pm)
Just finished the Carlson Show, and we spent the last segment debating Danny Westneat’s column into day’s Seattle Times: “Shame on GOP for trial sham.” Read the whole thing.

Clark County couldn’t reconcile ballots (4:20 pm)
The Republican attorneys have argued that King County Elections stole the governor’s mansion from Dino Rossi, either through gross incompetence or outright fraud (or both.) They would like you to believe that only King couldn’t reconcile.

I wasn’t paying any attention, but David Postman reports that under questioning from Jenny Durkan, Clark County Auditor Greg Kimsey admits that they couldn’t reconcile either, leaving 57 more absentee ballots, and 32 more poll ballots than voters.

Durkan: “Is the fact that you were able to reconcile the polling places within 32 an indication to you, as the auditor, that there was any kind of fraud in Clark County?”

Kimsey: “No.”

Kimsey also described King County elections director Dean Logan as a well respected auditor in the state with deep knowledge of state and national election law.

Comments

  1. 3

    Erik spews:

    Pro-Rossi partisans may take solace in the fact the Democrats� attorneys continue to raise objections to admitting evidence, and the Judge continues to shoot them down, despite missed deadlines and other technical violations of the rules of evidence. Personally, I�m happy having all the evidence admitted, so that when the Judge eventually rejects the contest on the evidence, the Rossi folk can�t complain that they were cheated.

    Oh yes. The judge is going to make it very difficult for ruling to overturn and remand.

  2. 4

    Scott spews:

    Actually the Judge’s decision to let the evidence in is itself an issue the Ds can appeal. But I do happen to agree that it ultimately helps the Ds since the Supremes won’t have to remand for further consideration of facts in the most republican county in Washington.

    Just imagine how this is going to play out. The crybaby republicans stacked the deck in every way that they could. They have a republican judge, in a republican county with the help of a republican attorney general and a republican secretary of state and they STILLL can’t pull off the theft of an election.

    I guess the system works after all!

  3. 5

    pbj spews:

    Goldy,

    For the Carlson show – have you tried contacting Paul Rueubens, aka “Pee Wee Herman” about licensing some of his old bits?

  4. 6

    N in Seattle spews:

    Why would the Dems appeal the eventual decision by Judge Bridges? Winners don’t appeal.

    Or are you slyly suggesting that, since Bridges is bending over backwards to find ways to allow the Republican non-evidence into the record, there will be no procedural basis for the inevitable GOP appeal?

  5. 7

    Erik spews:

    Motion to dismiss denied.

    Now the Ds get to put on their case.

    However, the judge seems to state that the reason is to put on a better record. He does not state that the “republican case, if all of it was taken to be true, would allow them to prevail” which is the typical language used for such a motion.

    I think the motion is in the Ds favor. Otherwise, the chance of an appeal with remand is much greater and a risk to prolong the matter. He also states that “both sides deserve a full and complete analysis” as a basis.

    That reasoning doesn’t have much relation to the legal standard for a motion to dismiss. Oh well. He’s consistent. Got to give him that.

  6. 8

    Rick Schaut spews:

    Given some of the evidentiary rulings Judge Bridges has made, for him to rule in favor of petitioners would be a sure fire guarantee that the ruling would be overturned and remanded for further considerations.

  7. 9

    JDB spews:

    If the minnow makes fun of your voice again (which isn’t bad, by the way), make fun of his stoner slure.

    And hit him and Carlson over and over with the fact that the GOP, after promising fraud and vote stuffing on Monday, put forward not one shred of evidence of fraud or vote stuffing.

  8. 10

    the radish spews:

    If anyone here had bets going on when the wingnuts on the SP threads would start talking about overthrowing the govt, today’s the day — collect your winnings!

    Isn’t it funny how once they realize they might lose, they start talking revolt? They’re the “law and order” party right up until something doesn’t go their way. Then they show nothing but contempt for the law. Certainly contempt is all I have left for them.

    And just for the record, I voted for Rossi. I didn’t like Gregoire then, don’t like her now. But I will never make the mistake of voting for a republican again after this disgusting display.

  9. 12

    chardonnay spews:

    no, no one cares.

    but I found Goldy’s statement that king county just had really, really bad PR, really, REALLY funny.

    have an awesome weekend everyone. stay safe.

  10. 13

    Erik spews:

    Great great testimony from court in the democrats case:

    In Clark County there were 57 more absentee ballots counted than people recorded as having voted by absentee.

    For poll votes, there were 32 more votes than voters.

    Durkan: “Is the fact that you were able to reconcile the polling places within 32 an indication to you, as the auditor, that there was any kind of fraud in Clark County?”

    Kimsey: “No.”

    But can’t everyone see the fraud? Its everywhere according to the right wingers. Of course Clark County got a free pass from them.

  11. 14

    Erik spews:

    Oh. Oh. Now the democrats witness point out that Island County allowed provisional ballots to be placed directly into a voting box.

    Ouch to Rossi. Guess KC isn’t all that unique after all. Oh wait….did Island County commit fraud too?

  12. 16

    scottd spews:

    If anyone here had bets going on when the wingnuts on the SP threads would start talking about overthrowing the govt, today’s the day – collect your winnings!

    Sure, but they got an early start right here.

  13. 18

    Mr. Cynical spews:

    Goldy–
    Kimsey says Logan is knowledgable about State and Local Election Law.
    He did not say Logan was a good manager. That’s where the problems arose….not Logan quaoting RCW’s. The problem was in Logan’s lack of execution in following the RCW’s.

  14. 19

    zapporo spews:

    Goldy,

    Dean Logan is the most highly respected high school graduate in the world.

    Bar none.

    Harvarg Graduates? Losers – all of them.
    Princeton? – Even lower on the food chain.
    Fighting Quakers? – Don’t even get me started.

    But that Dean Logan. He sure is something special.

  15. 21

    The.Wingers.Have.Just.About.Lost.It spews:

    What? Clark County had little reconciliation problems. I thought those things only happened in KC..

    How darling, distributed Republican vote fraud in the Red Rossi counties..

  16. 23

    Nindid spews:

    Zapporo @19 You are such an elitist… no one is saying bad things about Ivy League educations but to dismiss a man because he does not have a college degree is just ridiculous.

  17. 24

    Mr. Cynical spews:

    NumNutz@23–
    Logan is in charge of KingCo elections.
    He’s not just sweeping the floors here.
    He is making about 125K/yr.
    Logan was the Lobbyist and campaign fundraiser for the Washington State Labor Council.
    Logan never raised a nickel for a Republican.
    And you expect us to applaud that Loser because he rose way beyond his level of competence???
    Yeah right!

  18. 25

    torridjoe spews:

    cynical @ 18
    actually, he went in much greater detail than Postman provides. The first thing he said is that Logan “is _extremely_ well regarded in the auditor community.” He then used a serious of superlative adjectives to describe his work.

  19. 26

    zapporo spews:

    Nindid @23 – No I am not. I respect people, high school educated or not, based on their accomplishments.

    My point was, that people are fawning over him yet he has accomplished little noteworthy. Read his testimony regarding his tenure. Quite simply, he is the product of political patronage. To pass him off as someone worthy of deep respect is ludicrous, especially considering his recent pre-trial testimony.

  20. 27

    Thomas Trainwinder spews:

    You can tell by the judge’s demeanor that he really believed he should dismiss the case…but knew that politically that was untenable. He’s seen weak cases before and you can tell that this reeks of weaknes…but he is doing the job to prepare for the state supreme court…not to make any signficant decisions himself.

  21. 28

    spews:

    the key moment for me was when he was ruling on an objection by Hamilton to admitting an exhibit. He actually said, ‘Your objections are valid, but I’m going to admit it anyway.’ It’s like he keeps waving off penalties because the other team is skunking them so badly. He must figure, “crap, they’ve got nothing, what’s the harm in letting them submit the evidence?”

  22. 30

    Mr. Cynical spews:

    tj@25-
    I know several Auditors personally. Logan has gone out of his way to charm and wow with his knowledge of RCW’s and WAC’s. Knowing WHAT needs to be done doesn’t always translate into getting it done. Logan spends too much time on outside issues and is not capable of providing the management skills required to EXECUTE. No Auditor speaks about Logan’s actual on-the-job performance and management skills. WHY??? How in the fuck would they know??? It’s all image tj.
    Logan has charmed his way all the way up to a $125/yr. government job. The KingCo Elections Director job requirements far exceed his abilities. It’s a MANAGEMENT ISSUE. Huennekens is obviously a poor communicator too. Logan relied on Huennekens with little oversight. Huennekens relied on staff below him with little oversight. Result is predictable. All fucked up!!

  23. 31

    righton spews:

    Zapporo et al

    Same “Ministry of truth” at work here. Logan runs the “dept of Records” too. Would you trust him w/ some family documents, or some petty cash? whoa, heck no.

    Must be the middle aged women from Kelso or wherever turned on by his charms…

  24. 32

    bluesky spews:

    Mr. Sin-

    Did you listen to the Adams Co auditor? You want incompetent, there is the personification. I’m sure she is a lovely, earnest woman, but that county better see to electing a person who knows the law and knows how to organize. How embarrassing. As was the Clark Co auditor. He was either extremely nervous or he doesn’t have a clue. Watching him, seems like the latter. Now the Spokane Co auditor–what a piece of work! She takes no shit and is completely on top of things. This part of the trial I find very interesting, seing and hearing the people in charge of our elections. Makes me respect that office a lot, and makes me see how that part on the ballot should be taken very seriously before marking or poking or pulling or whatever one does to vote these days.