May 25, 2005
Trial Briefs

* The Seattle Times has a nice photo gallery from the trial.

* KIRO-TV has an online poll: "Should there be a re-vote in the Washington governor's race?" 75% say yes

* Question from a reader:

I assume there is/was a deadline for counties to submit their tabulated/validated/certified (whatever the verb is they use) results to the Secretary of State. IIRC, King County was the last county to do so (probably to be expected, given that they have more counting to do that anyone else.)

What would happen, legally, if a county cannot submit its results by the deadline?
Probably nothing. As far as I understand these things, the relevant statute says only :
Failure to certify the returns, if they can be ascertained with reasonable certainty, is a crime under RCW 29A.84.720
That suggests to me that the duty to ascertain the returns with reasonable certainty takes precedence over timeliness.

* Gary Gagliardi e-mails:

As I read Sound Politics, I find myself wondering if anyone asked Sam Reed if he would have certified the election if he had known about the various discrepancies. He seems to defend the people involved, but it seems that if the court knew that the Sec. of State wouldn’t have certified if he had know what election officials were hiding, it would be a telling point.
Sam Reed has always been firm in his position that his role is "ministerial" and all he can do is to collect the returns from the counties and forward them to the legislature. But I heard that Reed said on the John Carlson Show last Friday that had he known about some of the problems in King County he would have advised the legislature to hold off on certifying the election until the problems could be investigated. That's a powerful statement even if the net effect is uncertain. Unfortunately, Reed won't be taking the stand in the trial.

Posted by Stefan Sharkansky at May 25, 2005 11:22 AM | Email This
Comments
1. I love the photo of Berendt falling asleep.

Posted by: Mike H on May 25, 2005 11:27 AM
2. Don't know who the woman sitting next to "Boo-Hoo" Berendt is, but she's a tough-looking broad!! It's a wonder she doesn't elbow him to shape up & wake up.

Posted by: Susu on May 25, 2005 11:33 AM
3. I believe the tough looking broad is Sen. Margarita Prentice
http://www.sdc.wa.gov/prentice.htm

Posted by: Stefan Sharkansky on May 25, 2005 11:38 AM
4. I believe the woman next to Berendt is Sen. Margarita Prentice. At least that is who is named on David Postman's trial posts.

Posted by: Shannon on May 25, 2005 11:38 AM
5. Ditto on the Berendt sleeping photo. Almost gives me comfort knowing that is what we are up against :-)

Also, I thought from the video that the Judge had an earring, and the photo of him laughing confirms that. I know it's been common for men to wear small earrings like that for some time now, but seeing one on a sitting judge makes me feel oddly uncomfortable.

Posted by: Jason on May 25, 2005 11:38 AM
6. Stefan, I just read RCW 29A.84.720. It seems to me that there should be several people, in search of new positions. Is this correct?

Posted by: Jerry Dawson on May 25, 2005 11:41 AM
7. Jason: No offense, but grow up....how judgmental of you. I, as a die-hard Republican, have been extremely offended by some of the racist comments I'm reading in some of these comments......

Posted by: appalled on May 25, 2005 11:41 AM
8. Making a comment regarding an earing is somehow now "racist"? God help us.

Posted by: Editor on May 25, 2005 11:46 AM
9. appalled:

Am I missing something.....since when does race have anything to do with wearing earrings?

Posted by: Susu on May 25, 2005 11:47 AM
10. appalled,
You are no Republican.

Posted by: appalled by appalled on May 25, 2005 11:49 AM
11. "I know it's been common for men to wear small earrings like that for some time now, but seeing one on a sitting judge makes me feel oddly uncomfortable."

That can't be a good sign, if for no other reason than it show a lack of decorum; almost like disrespecting the office. As a matter of politics it can mean moonbat (which doesn't appear likely), or libertarian (a good thing).

Posted by: Dogbert on May 25, 2005 11:51 AM
12. Neat on the kiro poll.

But like King County, it does nothing to prevent you from voting 2 or 3 times.

Posted by: Andy on May 25, 2005 11:52 AM
13. I stand by my comment....I'm talking about comments regarding "ethnicity", race, etc. in previous comments. And now I'm no Republican because I find these kind of judgmental comments disturbing? You have no idea what my beliefs or convictions are. Being offended by that kind of thing doesn't have anything to do with my political stance. I agree with everything I have read so far, except the recurring theme of race that is sprinkled throughout these comments. Like I said, no offense, touchy.

Posted by: appalled on May 25, 2005 11:57 AM
14. Oh brother

Posted by: rolling eyes on May 25, 2005 12:01 PM
15. Ya know, I got a real problem with those who say that king county would take a lot longer with their count and cirtification of votes. I'll bet they have precincts scattered all around the county just like everyone else does. Each of those precincts has, overall, similar totals of all voters in their precinct. Why then, if each pricinct counts only those ballots cast in their precinct, does it take them sooooooo much longer to get the job done? The big guys at the top of the heap for the king have only to count and tabulate what the precincts send to them. Right?
It sounds simple to me.

Posted by: JT on May 25, 2005 12:02 PM
16. "King County was the last county to do so (probably to be expected, given that they have more counting to do that anyone else.)"

This comment is not true. More people, but more people doing the counting per voter than any other county

Posted by: crom on May 25, 2005 12:03 PM
17. Or was it that they were just holding back to just how many votes werer needed to get christy over the top?

Posted by: JT on May 25, 2005 12:03 PM
18. "Unfortunately Reed won't be taking the stand in the trial"

Well, Sam can say whatever he wants to say on any show in order to whitewash himself and what he has done....but, no self-respecting, strong Republican in this state will vote him into office again...in fact, most of my fellow repubs will work very hard against him if he decides to run!

Posted by: Susu on May 25, 2005 12:05 PM
19. Missed a "see" place it where you "see" fit.

Posted by: JT on May 25, 2005 12:05 PM
20. Jason - I agree with you on your earring comment 100%. My thoughts as well.

Posted by: Cameron on May 25, 2005 12:37 PM
21. rolling eyes -

Psycoanalyst: We're going to do some word association
Moonbat: OK.
Psycoanalyst: Sky
Moonbat: Racist
Psycoanalyst: Shoe
Moonbat: Racist
Psycoanalyst: Moon
Moonbat: Racist
Psycoanalyst: Tree
Moonbat: Racist
Psycoanalyst: Bush
Moonbat: Nazi

Understand now?

Posted by: Dogbert on May 25, 2005 12:46 PM
22. Agree also regarding Jason's earring comment. The black robe, gavel, bench are all there to represent nuetrality and authority. The earring gives a hint of bias. A hint of bias, regardless towards right or left, causes me some discomfort because of an implied bias from a supposed impartial body. Feeling this "discomfort" doesn't make me a racist or close-minded, it makes me honest.

Posted by: Jeffro on May 25, 2005 12:56 PM
23. Appalled,

I'm just as appalled as appalled by appalled. (Guess that makes me really appalled.)

Oh for pete's sake! Who cares if the judge wears an earing or if he has other piercings elsewhere on his person? All I care about is that we have the opportunity to Re-elect Rossi.

SHEESH!

Posted by: Get Over Yourself on May 25, 2005 01:01 PM
24. Appalled,

What exactly are the racists comments you are refering to? Please quote them, as I don't think anyone else is seeing them.

Posted by: Mike H on May 25, 2005 01:05 PM
25. Dogbert,
Psycoanalyst: We're going to do some word association
Moonbat: OK.
Psycoanalyst: Sky
Moonbat: Racist
Psycoanalyst: Shoe
Moonbat: Racist
Psycoanalyst: Moon
Moonbat: Racist
Psycoanalyst: Tree
Moonbat: Racist
Psycoanalyst: Bush
Moonbat: Nazi

Understand now?

Nope.

Posted by: rolling eyes on May 25, 2005 01:10 PM
26. Examples from the last 24 hours:

“She looks "ethnic". Doesn't that count for something as KC?”

“Jennifer Durkan looks pretty butch. She must be a Vagina Warrior.”

“Does anyone else think that Billy-boy Huennekens is gay?”

“Almost every single person I've met here in Washington who's advocated "social justice" have 3 things in common.

1) Sexual orientation is undeterminable.”

Posted by: appalled on May 25, 2005 01:12 PM
27. Get Over Yourself: My point exactly.

Posted by: appalled on May 25, 2005 01:14 PM
28. I suppose I should add that, appalled finds racism where there is none. Overly PC much? That led me to believe that appalled was no "Die hard Rebublican" as he claims. And for the record, When I saw the ear ring, I too though, uh oh! He's a lib. And where there are Libs, there is no fairness. Usually.

Posted by: rolling eyes on May 25, 2005 01:19 PM
29. Never to fear re....When logic is reasonable and rhetoric is sensible, no avenue is left open but to ....... play the race card!!

Posted by: Susu on May 25, 2005 01:30 PM
30. Wow, I make one innocent comment (it wasn't loaded, I'll explain shortly) and step away for a while only to return and find that I'm now a racist.

You'll notice that if you parse my comment, I used the phrase "oddly uncomfortable". Meaning that it made me feel uncomfortable, but that I considered that an odd reaction on my part. At the time I wrote it I was still trying to understand why I felt that way.

I think Jeffro distilled it quite well. Judges in our society are seen as figures of authority (because they are) and are supposed to be impartial. Part of the reason for the black robe is to make them neutral. How would you feel if the judge was presiding while wearing an ACLU T-Shirt? Regardless of how he ruled, that display on his person would create the impression of bias. Now I'm not saying that an earring all by itself creates an impression of bias, but it is out of place in the historical context of how we are used to seeing our judges. Had I seen him wearing it outside the courtroom while in a suit and tie, I probably wouldn't have given it a second thought. But seeing him wear it while in his robes and seated on the bench gave me reason to pause and ponder. That's all.

And please, can we be brutally honest here? How am I, or another person for that matter, NOT supposed to be offended when you tell me to "grow up"? Would you NOT be offened if I said "No offense, but you're a pinhead". Saying "No Offense" and then offeneding doesn't excuse it, it only makes it more hypocritical.

Posted by: Jason on May 25, 2005 01:50 PM
31. "Ya know, I got a real problem with those who say that king county would take a lot longer with their count and cirtification of votes" "It sounds simple to me"

JT-
It would have been simple for KC too, if they hadn't had to hold out until all the other precincts in the state to come in. After all, they had know how many votes Christine Fraudgoire needed to win before they could tabulate. It was just that simple!

Posted by: rolling eyes on May 25, 2005 01:51 PM
32. OK, Susu, Rolling Eyes and everyone else.

My point is that we don't live in a bubble. It would make more sense, in my opinion, to not generalize in such a way as to dilute the message by offending those who do not fit into the accepted "profile" of a Republican. Others do read this blog, I'm sure.

It just seems to follow that comments regarding sexual orientation, race, jewelery or whatever would alienate a whole generation of people who may be on the fence or uninformed regarding their party affiliation. I know. I have a 21 year old daughter with tattoos, etc. who voted for Rossi based upon our discussions and her own research. Why dilute the message with these posts? I am a builder member of BIAW, a Republican, a conservative Christian female, married with two children and Italian in descent.

My point is that I hate to have their point made for them by internal posts that could be offensive, when the future does depend on the next generation, as I said.

Posted by: appalled on May 25, 2005 01:57 PM
33. “Jennifer Durkan looks pretty butch. She must be a Vagina Warrior.”

Butch isn't considered an offensive term. Butche's aren't offended by it.
And I for one, don't want my state run by 3 vagina's

Posted by: rolling eyes on May 25, 2005 01:58 PM
34. Jason,

I did not mean that your earring comment was racist. I meant that I had noticed several comments in other, previous posts that felt racist/biased/ or whatever. The earring comment just prompted me to comment. Obviously anyone who may be a little less superficial regarding race, sexual orientation, etc. is not welcome to comment here. Sorry to interrupt you guy's obviously private conversation.

Posted by: appalled on May 25, 2005 02:03 PM
35. "My point is that I hate to have their point made for them by internal posts that could be offensive, when the future does depend on the next generation, as I said."

appalled-
Your right, the next generation is very important. And true, we don't live in a bubble. But this is a blogg, and The next generation does not teeter on any comments made here. People are posting spontaneously to a live event. Which is their right to do, without someone coming in to do PC patrol. Relax wouldja?

Posted by: rolling eyes on May 25, 2005 02:20 PM
36. Everyone is welcome to comment here. But you didn't comment, you accused, and wildly so. It is exactly because everyone is welcome to comment here that you will on occasion find some inappropriate comments. The folks making those comments don't speak for, or represent anyone other than themselves. Should we take your comments to be representative of all builder members of the BIAW? Probably not. You should extend us the same courtesy.

I have no problem with you having a problem with what I said. I said it, I stand by it. But to take what I said, and then use that as a spingboard into a tirade about racist comments is just wrong. My comment was an honest depiction of how I felt at that moment. How is that in anyway offensice? If I had said "The judge is unfit to hear the case because he is wearing an earring" then you could have called me uninformed, ill-advised, narrow minded, and even offensive. But I said no such thing.

Having thought about it more, my opinion of the judge wearing an earring in court is that it is slightly inappropriate, and something that I would advise against, but overall a minor issue that should have no bearing on the case. It would be similar in my mind to a judge who dyed his hair blue. It would have no bearing what-so-ever on his ability to interpret the law and render judgement, but it injects an aspect of the judge's personal life into the courtroom that serves only as a disraction from the official proceedings.

Posted by: Jason on May 25, 2005 02:24 PM
37. Jason,

Well said, and I apoligize for using your comment as a "spring board" for being offended by comments made by others. That was unfair.

Rolling Eyes,

"But this is a blogg, and The next generation does not teeter on any comments made here."

Untrue. I know many, many young people who read this blog, the comments and the other side's blogs and comments, to help form their opinions on these issues. This from kids who don't EVER watch the news......but are registered to vote.

Posted by: appalled on May 25, 2005 02:35 PM
38. Thank you.

Posted by: Jason on May 25, 2005 02:51 PM
39. ""Untrue. I know many, many young people who read this blog, the comments and the other side's blogs and comments, to help form their opinions on these issues. This from kids who don't EVER watch the news......but are registered to vote."

So you'd like us to watch what we say, so the kids who are registered to vote but don't watch the news won't get the wrong idea. Got it. I understand what you're saying. But you know, they may need to see that other people have opinions and learn to deal with it, form their own opinions, and realize that life isn't always sugar coated.
I have never once been offened by anything said here, but that's just me. I must be thicker skinned.
But the Jenny Durkan, Christine Gregoire crowd like to think of themselves as such. It's part of the Feminazi movement you know? : ) Just so you know, there was nothing derogatory meant here.
You have a great evening appalled! And I hope that tomorrow we do not appall you so much.
Maybe you could even change your handle to "not appalled" Wudduya think?

Posted by: rolling eyes on May 25, 2005 04:17 PM
40. LOL!

Sincerely,
RookieRick
Earring-wearing, eye-rolling member of the Vast Right Wing Conspiracy

Posted by: RookieRick on May 25, 2005 07:20 PM
41. Back to the pictures that started this item:

Is it just me, or are most of the Repubs better looking and better dressed and better groomed than most of the Dems?

Oh, and more awake, too.

Posted by: mac on May 25, 2005 07:32 PM
42. "Is it just me, or are most of the Repubs better looking and better dressed and better groomed than most of the Dems?"

Oh, and more awake, too.

No, it's not just you. Were perdyer. We know how to comb our hair! Kevin (cough) Hamilton.

Posted by: rolling eyes on May 25, 2005 07:44 PM
43. Oh and yes. wide awake! In more ways then one!

Posted by: rolling eyes on May 25, 2005 07:45 PM
44. Mac & Rolling eyes, yes I noticed that, too. Hamilton looks every inch the skinny, rumpled, bespectacled, vaguely angry & holier-than-thou I-Just-walked-out-of-a-Sierra-Club-meeting liberal lawyer part.

The R lawyers look impressively very well put together and very coooool.

Posted by: Michele on May 26, 2005 12:36 AM
45. And here I thought Republican lawyers were supposed to look like corporate automatons, like some sort of Borg-lawyer collective.

More seriously: It seems to me that KC's behavior (holding back its vote count until all the others were in) suggests a need for another bit of election law reform. Simply write the law so that no returns can be released until all returns have been certified and handed in to the Secretary of State's office.

Failing that, sequester the election officials and the folks counting the ballots.

And, since I'm the guy who asked the question about certification deadlines...if we were waiting for "reasonable certainty" from KC, we'd still be waiting.

Posted by: Heartless Libertarian on May 26, 2005 03:18 AM
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