May 25, 2005
Durkan's Cross-examination of Way resumes

We're just back from lunch.

Durkan (I paraphrase): you only have a couple of weeks to process 600,000 ballots and you don't have enough staff. Of course we should expect you to make enough mistakes to change the outcome of an election and that's okay, isn't it?

[Sam Reed appears out of nowhere and says We need to make it easier to let counties go to all-mail balloting!]

Durkan spent several minutes fabricating an elaborate hypothetical scenario attempting to suggest how a valid ballot might not be credited due to computer error.

Way's response: "that could happen" [with the emphasis on could and a look on her face as if to say "and monkeys could fly out of my butt"]

Posted by Stefan Sharkansky at May 25, 2005 01:32 PM | Email This
Comments
1. So now the defense is to spread the blame?

Posted by: Andy on May 25, 2005 01:48 PM
2. Wayne's World referance. Excellent!

Posted by: Cliff Smith on May 25, 2005 01:48 PM
3. It's too bad the Olympian did not print the photograph of Sam Reed supplied with this piece. He was wearing a rubber nose and pair of big red shoes.

Posted by: JDH on May 25, 2005 01:50 PM
4. Blame the computer. It doesn't fight back. It also doesn't make mistakes, it just does what the fools operating it tell it to do.

Posted by: Dogbert on May 25, 2005 01:50 PM
5. Way has it figured out. When Durkan flashes that wolf smile, she clams up and gives an oppositie answer. That smile had me shivering.

Posted by: swatter on May 25, 2005 01:54 PM
6. Geezzz ... she looks like monkeys have been flying out of her butt!

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 01:57 PM
7. Anybody read the second editorial below Sam Reed's article.

Some guy thinks it's capitalism driving up home prices. (and not GMA or CAO and the like) And then he concludes we need a commission to establish real-estate prices. If that wouldn't be the completely wrong solution.

I got a kick out of it anyways...

Posted by: JVG on May 25, 2005 01:58 PM
8. they "lost" the records?

Posted by: Andy on May 25, 2005 02:04 PM
9. This Durkan Dyken is scary. Very gruff. Clearly a Vagina Warrior that thinks she is fighting the "patriarchy" by fighting for a fraudulant election to keep her Vagina Chief in office.

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 02:05 PM
10. "they "lost" the records?"

Try telling that to the IRS.

Posted by: Dogbert on May 25, 2005 02:05 PM
11. There may not be a smoking gun, but I bet there is a smoking pile of burned registraion records.

Posted by: Andy on May 25, 2005 02:08 PM
12. You know, Iguana, even I'm getting a little uncomfortable with your comments now. Not that I don't (strongly) agree, just that they're not real appropriate now and might end up being used to make us look bad........

Posted by: Scott in Carnation on May 25, 2005 02:09 PM
13. ditto to Scott in Carnation...a degree of discretion is always appreciated.

Posted by: Danny on May 25, 2005 02:12 PM
14. ditto to Scott in Carnation...a degree of discretion is always appreciated.

Posted by: Danny on May 25, 2005 02:12 PM
15. What part of my comment disturbed you?

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 02:16 PM
16. HAHa...Way was asked if the number on the mail ballot report was an acurate number, the dem lawyer objected, Bridges said, overruled..I was going to ask that question myself.

Posted by: VaCSProf on May 25, 2005 02:16 PM
17. One wonders how Durkan can look at herself in the mirror. Then again, isn't that true with all Democrats.

It's a real laugh when people like David Goldstein attempt to argue that the election should stand because we don't know who each individual ballot of the many misplaced, and voterless ballots, felon, dead, etc. would have been cast for in the gubernatorial race.

It's only by obscuring obvious common sense that Democrats can justify themselves. And that's why Durkan has been shutdown on so many objections.

Lawyers get what they deserve when they take cases on behalf of obvious losers.

Posted by: Jeff B. on May 25, 2005 02:17 PM
18. Blank signature lines on ballot cards on file.

That's not what I call a good thing.

Posted by: Andy on May 25, 2005 02:18 PM
19. Yeah Andy - blanks ready to be filled in as required during the "recount"

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 02:24 PM
20. Judge: Are there any more questions?
Way: "Please no" (Sounded almost like a cry.)

Posted by: VaCSProf on May 25, 2005 02:24 PM
21. This Durkan Dyken is scary. Very gruff. Clearly a Vagina Warrior that thinks she is fighting the "patriarchy" by fighting for a fraudulant election to keep her Vagina Chief in office.

Possible rewrite that might get the point across without turning people off or having "The Enemy" use the quote to tar all of us as "those bigots over at Sound Politics":

This Durkan woman is scary. Very gruff. Very "butch". I believe she's a lesbian that thinks she is fighting the "patriarchy" by fighting for a fraudulant election to keep her fellow lesbian in office.

Posted by: Scott in Carnation on May 25, 2005 02:25 PM
22. Durkan doesn't sound like she is trying to convince Bridges. She is building her Supreme Court appeal arguments now.

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 02:26 PM
23. Is She about to break???

Posted by: Glenno on May 25, 2005 02:26 PM
24. "blanks ready to be filled in as required during the "recount"

how convenient.

Posted by: rolling eyes on May 25, 2005 02:30 PM
25. OK, Scott. I get your point. They already think anyone that disagrees with them is a bigot, so I wouldn't worry about that one.

With regard to the V... Warrior, that is their own name for themselves. Check Eve Ensler's V-Day web site. I couldn't make that one up myself.

If you look at the gender feminist ideology Durkan and Gregoire buy into, you'll want to be pointing it out. Most people are not aware of the strange theories about the patriarchy and oppression of women that are taught in their circles. They try to keep it hidden as well and focus on things like "social justice."

Looking at the way family courts treat fathers, it's important to be aware of the underlying philosophy of people Durkan. That's what I am pointing out.

At any rate, I will happily stick to "V" for now.

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 02:32 PM
26. If Way has to lie much longer, I think she may just start crying.

Posted by: rolling eyes on May 25, 2005 02:32 PM
27. Deadman Voting, er Posting, you get that very thought, too? I think they know they lost and are calmly and quietly building a case for appeal to the Supremes.

But, Bridges isn't letting them. His decision will be bullet proof.

Posted by: swatter on May 25, 2005 02:34 PM
28. Way is clearly repeating the line Durkan coached her on before the trial.

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 02:34 PM
29. Durkan to Way: Would you like to explain yourself?

Way: I don't want to be the Fall Guy for Dean Logan, Bill Hunnekens, Garth Fell, and Ron Sims! I don't want to go to jail.

Posted by: Larry in Renton on May 25, 2005 02:40 PM
30. Larry,

Did Nicole really answer in that manner?

Posted by: Editor on May 25, 2005 02:45 PM
31. Yeah Swatter - it's pretty clear. Durkan appears downright hostile towards Bridges. She isn't in the least bit worried about what he thinks, except to the extent that she would like to lure him into making a mistake.

Appealing his decision based on a mistake would be the easiest route. So, she'd like to anger him and get him to overrule something that he shouldn't or vice versa.

Additionally, she is building their argument for the Supreme Banana Court in the case that she can't find a technical point to have Bridges over-ruled on. I would not be surprised if she hasn't communicated with judges on the Supreme Banana Court as to what that argument needs to be.

She is the Top Dog for the Democrats and the one that is closest to Gregoire, so Durkan is running the show. You'll want to watch her closely in order to see what her argument is likely to be on appeal.

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 02:47 PM
32. No,I was reading the expression on her face. She got so tired and didn't know what she was saying anymore. She got more and more nervous as the day went on.

Posted by: Larry in Renton on May 25, 2005 02:47 PM
33. I feel sorry for Way. She clearly isn't a Democrative operative, although they might have pumped her up to make her think she was while in the elections department.

She was probably used by Logan, Sims and Gregoire, because they knew how naive she was and knew they could easily get her to "count" things however they wanted.

She looks like she doesn't know what has hit her.

Posted by: DeadManVoting (aka Iguana) on May 25, 2005 02:50 PM
34. I still don't understand why the defense attorneys are being allowed to argue their case disguised as cross-x questions..."Isn't it true that...?" or "What if x and y and z, then it would be possible that a or b really happened, right...?".

Also, I think the Plaintiff missed a chance to force Way to admit that she and her boss knew that the "ballots received" count on the report was supposed to be a separate count (to serve as a check against the other two numbers) - and that they knew the Canvassing Board would assume that was the case unless they were told otherwise.

Posted by: Patrick on May 25, 2005 02:53 PM
35. Does Bridges, in the scope of this trial, have the authority to offer Way a deal?

Posted by: Editor on May 25, 2005 02:56 PM
36. Patrick wrote:
"I still don't understand why the defense attorneys are being allowed to argue their case disguised as cross-x questions..."Isn't it true that...?" or "What if x and y and z, then it would be possible that a or b really happened, right...?"."

Traditionally, attorneys are allowed to ask leading questions during cross examinations. Essentially, that is how they can paint responses in their own light and contradict the direct attorney in his/her portrait of events. It's not really that big of a deal.

Posted by: Marc on May 25, 2005 04:02 PM
37. Marc,

I suppose I understand your point. But it still sounds like the attorney is doing the testifying while the witness just nods and says "Uh-huh."

Guess I'm just naive enough to think that court proceedings are supposed to expose the truth rather than obfuscate it.

Posted by: Patrick on May 25, 2005 05:01 PM
38. I understand your feelings on this, Patrick, but a defendant should have every right to defend themselves to the fullest (or in this case, the respondent I'm guessing--not up on Washington's terminology exactly). That way, when the verdict comes in against them, we'll all know that they gave it their most vigorous defense and still got their butts kicked, which is what I think is happening at this point.

This perception can all change once the Dems start presenting their direct case, however, so we shouldn't get too confident just yet. It will come down to how well the GOP lawyers can paint their own case using the Dems' evidence.

Posted by: Marc on May 26, 2005 08:25 AM
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