May 26, 2005
Tony Gill on the Stand

The Republicans' next expert witness, Prof. Tony Gill is on the stand.

Posted by Stefan Sharkansky at May 26, 2005 03:11 PM | Email This
Comments
1. We all ought to be outside enjoying this beautiful day.

That said, Goldstein and Sharkansky going back and forth right now on Carlson.

Goldstein and the Dems are essentially arguing what Goldstein has been saying all along, which is that through a perfect storm of poorly written statutes, accounting for improper ballots that happened after certification, etc. that this one just slipped through our hands, and there's nothing we can do.

What I think this ignores is that the evidence does add together to show just how flawed the election was. Goldstein wants to focus on the what he believes are the interpretations of the statutes that say that a flawed election is not grounds enough to throw out the election, but there are so many different aspects of those flaws, there is plenty there for Bridges to pick and choose from to invalidate the election based on other citations from the RCW.

The Democrats essentially make the case that the election was flawed, and they make the case for continued election reform, and dimissal of many employees in King County that made it possible for the storm to occur through their incompetence.

It ain't over yet.

Posted by: Jeff B. on May 26, 2005 03:46 PM
2. Jeff B.,
The problem with your last paragraph is that the Dem's don't seem to be interested in true election reform. The evidence is in the bills they passed this year. Given a chance to clean things up the haven't. As of yet only 3 or 4 people in King County have been put on admin leave, and for actions outside of the the 2004 election. King Sims is standing behing Logan who is standing behing heunikkens, both need to go as well as most of the staff. I just don't see it happening. If the Dem's win the contest we will have more of the same.

Posted by: Chuckjy on May 26, 2005 03:54 PM
3. Oh boy - more play acting ....

Posted by: DeadManVoting (aka Iguana) on May 26, 2005 03:54 PM
4. but there are so many different aspects of those flaws, there is plenty there for Bridges to pick and choose from to invalidate the election based on other citations from the RCW.

Yes. But it's deceptive. The judge is going well out of his way to keep the supreme court getting their hands in this till it is all done.

Telling Rossi's attorneys that he is concerned about the stats but not ruling was tricky.

All I can say is that it could be very very good or very very bad depending on his rulings and one's political position as he is going to let loose with all of them at the end.

I have to hand it to him. He saw the prior election contests going up and down the court levels and is doing very well in keeping this from happening with this case.

Is he really keeping an open mind and will let in all of the GOP material and all of their theories? Or is he going to hear out all of the theories, find that Rossi fails on each and every one of them, even if they are applied, and give Rossi and appeal proof loss?

It ain't over yet.

Posted by: Erik on May 26, 2005 03:59 PM
5. They keep talking about the data sets, and saying things like...based on the data I was given. Is the data used sufficient?

Posted by: Hanna on May 26, 2005 04:13 PM
6. David keeps pooh-poohing the 875 absentees-with-no-proper-crediting.

What if it was 5 million?

Because if you rule that these are neither 'illegal' nor 'fraud', then there's no way to exclude them. _Someone_ voted them illegally, someone was attempting fraud - but there's not going to be any evidence since the rules specifically don't count anything as fraud.

Posted by: Al on May 26, 2005 04:15 PM
7. Mr. Witti sounds like a witness for the Pubs...or has my brain turned to total mush?

Posted by: Hanna on May 26, 2005 04:31 PM
8. I should clarify...it seems the Dem lawyer examining Mr. Witti did not get the answers she expected.

Posted by: Hanna on May 26, 2005 04:33 PM
9. OT a bit, but related to CG

I wrote to her asking if she was going to support the Real ID. Reasons I gave was security and being able to use the WA DL to be able to board a plane. Her response (predictably) was:

Thank you for contacting Governor Gregoire with your concerns about a national identification (REAL ID) system.

The Governor's primary objection is the fiscal impact this would cause in difficult budget times. Estimates are that it would cost the state about $50 million to implement. She is working with the National Governor's Association to explore options.

Presently, our state drivers license policy does not discriminate between residents and immigrants. It is much safer for all of us to have everyone that is driving on our roads and highways licensed and insured. Asking for documentation upon issuing a license, forces undocumented immigrants to avoid the process altogether and flee the scene if they are involved in an accident.

Again, the Governor appreciates hearing your concerns and will continue looking at ways to comply with federal law without undo cost or discriminatory practices.

Sincerely,
Constituent Services
Office of the Governor

Amazing a budget problem! I wonder if that was a concern with Clinton's motor-voter law?

Posted by: Fred on May 26, 2005 04:37 PM
10. I love the last sentence from CG "will continue looking at ways to comply with federal law without undo cost or discriminatory practices". That is her attitude towards elections too. Never mind non-citizens, they are criminals too!

Posted by: Fred on May 26, 2005 04:42 PM
11. "discriminatory practices"

These people have been riding the discrimination bandwagon that they don't know how ridiculous it is starting to sound.

Back when this country was denying black CITIZENS equal opportunities and access, that was discrimination.

Denying an illegal ALIEN a driver's license is not discrimination.

... oh so tiresome to watch them play the game.

Posted by: DeadManVoting (aka Iguana) on May 26, 2005 06:14 PM
12. ....riding the discrimination bandwagon FOR SO LONG that they ....

oops

Posted by: DeadManVoting (aka Iguana) on May 26, 2005 06:24 PM
13. DeadMan, are you a lawyer? Is that why you have all that good insight on a lot of this stuff?

I sure have learned a lot of interesting things about trials from just watching it all and reading the comments here.

Posted by: Michele on May 26, 2005 06:32 PM
14. Gee, what a poorly written, ungrammatical letter. I would be insulted if I received that. She might want to consider looking for some competent people to staff her constituent services office, as well as her budget and communications shops. (Of course there'd be no guarantee of continued employment . . . )

Posted by: jsa on May 26, 2005 06:56 PM
15. "DeadMan, are you a lawyer?"

No....But he stayed at a Holiday Inn last night...;)

Posted by: Deborah on May 26, 2005 07:03 PM
16. LOL

Hee, hee, hee, hee

Deborah, that's funny!

Posted by: Gil on May 26, 2005 07:38 PM
17. Undocumented immigrants? The term is patently dishonest.

By that logic, let's call bank robberies "undocumented withdrawals". Shoplifting becomes an "undocumented purchase". Drug dealing an "undocumented narcotic sale".

My wife and mother-in-law are legal immigrants from Russia and were never prouder than when sworn in as American citizens after going through the long, painful process. They have a simple question: if "undocumented immigrants" get all the same privileges, why bother doing it legally?

Posted by: Bill on May 26, 2005 08:07 PM
18. Honor.

Posted by: Dogbert on May 26, 2005 08:12 PM
19. Bill,

Amen Brother!

Tim

Posted by: Timman on May 26, 2005 08:53 PM
20. Interesting that Real ID would cost 50 mill to implement. The link to the Social Security Database is paid for through HAVA, (through HAVA the link has to go through the DOL and then the SOS is allowed to tap into it for voter ID), so there is no cost to the State there. And Congress allotted an unlimited, (there is no mention of a cap) amount of grants to the states in the bill just passed regarding national standards for drivers liscense. What exactly are the costs to the State? Does it really cost 50 mill to write a grant request?

Posted by: Chuckyj on May 26, 2005 08:54 PM
21. Cost breakdown is probably:

$49,000,000 to redecorate the Governor's mansion for the Queen and $1,000,000 to implement the ID program.

Posted by: Jeff B. on May 26, 2005 09:29 PM
22. tFred;

You don't need any official picure to board a plane; all you need is a picture ID from any source such as CostCo. I will relate a story that it is easier to vote than to get an 'official' state ID card.

A very good friend of mine last year agreed to let her paraplegic disabled son travel from Alabama travel on vacation to see us last year. He had no ID to board the plane other than his Alabama state ID (recently issued). We had a very nice visit but several days before his return, my friend discovered that he had misplaced his Alabama temorary ID. In fact it may have gone through the wash!

We were in a turmoil! How we could get our visitor back home on time. I visited the local state id office and was told I needed like five different pieces of ID to include SSN Card, local check invoices, ets. Needless to say the local office appears to be much more thourough issueing ID than registering voters.

I fianally called the airlines after having my friend's Mom send a birth certificate and a copy of the SSN card to us. That said, all you need is a 'picture id'. I went to the local CostCo and used the SSN card and BC sent by my friend's Mom to get a picture ID for a $45 year's subscription. The Airlines accepted that ID, so my friend was able to board the plane. The ID, from a security point of view is totally worthless.

It appears that it is easier to vote than to meet the simpler ID requirements to board a plane!!

What a dicotomy!

Thanks!


Timman

Posted by: timman on May 26, 2005 09:36 PM
23. What are they doing tomorrow in the trial?

Posted by: Deborah on May 26, 2005 09:43 PM
24. From AP - Rebecca Cook:

(snippet)Posted on Thu, May. 26, 2005

Witness: Republican won disputed election

REBECCA COOK

Associated Press


WENATCHEE, Wash. - An expert witness for Republicans challenging the 2004 election of Gov. Christine Gregoire testified Thursday that when illegal votes are subtracted, the GOP candidate was the rightful winner.(/ snippet)

(snippet) GOP attorneys said they planned to rest their case Friday.(/snippet)

---------------------------------------------

The Republicans are going to rest their case tomorrow??? Have they presented everything?
I'm missing something here....

Posted by: Deborah on May 26, 2005 10:26 PM
25. hey folks -- I remember when one of the BIG deals about the rotten commie countries was that ya had to the have special ID's and papers to travel and move around within your 'OWN' country -- well ya are sittin' on your da-n butts and letting it happen here -- the problem HERE is the border leakage and the deliberate importation of illegal aliens to help bolster the dwindling DEMOCRAP voter base - and the GUTLESS response of the REP buffoons cause they somehow are so dumb they think if the kiss the illegal alien's butts that they might vote rep - NO WAY IN H-LL -- the illegals, felons, etc - KNOW who is and has been buttering their bread --

Posted by: Bill on May 26, 2005 10:27 PM
26. ...back off topic again...


So if illegal aliens are "undocumented workers", does that make CG our "undocumented Governor"?

Hmmm....

:-)

RM

Posted by: Randy Mueller on May 26, 2005 10:49 PM
27.
Is he really keeping an open mind and will let in all of the GOP material and all of their theories? Or is he going to hear out all of the theories, find that Rossi fails on each and every one of them, even if they are applied, and give Rossi and appeal proof loss?

It ain't over yet.

I thought that the very reasons that the Republicans chose Chelan County for their election challenge was because they were forum shopping and judge-shopping (hey, Plaintiffs always try to give it their best shot, right?). They wanted the case to unfold in this county in this courthouse and before this judge. Chelan County voted 64 percent for Rossi, and hasn't elected a Democrat to local government in a long time. And then there's Bridges' track record in the 1999 election challenge against Wenatchee Mayor Gary Schoessler, wherein Bridges had no problem throwing out the election result and ordering a revote, exactly the remedy the Republicans are seeking here. And here's the clincher: Bridges' Findings of Fact and Conclusions of Law in that case were so airtight that the Washington Supreme Court had no choice but to affirm, which they unanimously did. So I say that whatever happens, the Republicans gave it their best shot and if they were ever going to prevail in this claim, they'll win it in this court.

Posted by: jaybird on May 26, 2005 11:19 PM
28. Jaybird,
Did you know Gary Schoessler has posted on this site? He found it Tuesday. Said he would tell about his trial after this one is over and see how close this decision is to his.

Posted by: cc on May 26, 2005 11:32 PM
29. Jaybird, Nice theory, but IIRC, judges are assigned the case randomly and there was another judge initially assigned the case who then recused himself. The Republicans did not pick Judge bridges at all.

Posted by: Scott in Carnation on May 27, 2005 07:18 AM
30. Deborah,

Each side was given 4 days to make their case, with a little bit of wiggle room. There is a tight schedule on this case to prevent either side from playing a "four corner stall." It is all a matter of timing.

Posted by: Unicorn on May 27, 2005 07:47 AM
31. Scott in Carnation:
Jaybird, Nice theory, but IIRC, judges are assigned the case randomly and there was another judge initially assigned the case who then recused himself. The Republicans did not pick Judge bridges at all.

Don't be naive. They wanted the case to be heard in Chelan County for a reason. You are correct, judges are assigned randomly, but in Chelan County they had overall demographics on their side and a one in three chance of actually getting Bridges. And that all happened, too, didn't it?

Posted by: jaybird on May 27, 2005 07:56 AM
32. Jaybird, I don't dispute that they purposely went to Chelan County because they (correctly) assumed they wouldn't get a fair trial in Seattle. Court and judge shopping is nothing new, it is always done. What I dispute is your inferrence that they "picked" Judge Bridges when Bridges was randomly assigned only after a first judge who also was randomly picked recused himself. Yes, they had a 1/3 chance of getting bridges, but they did not pick him.

A nitpick, but just a key point I didn't want to let go by.

Posted by: Scott in Carnation on May 27, 2005 08:21 AM
33. Jaybird,

Yeah, ain't it nice.

Posted by: lefty on May 27, 2005 08:31 AM
34. In regards to licensing non-citizens for driving--we mark the DL for underage (under 21) drivers, we can mark them for non-citizen drivers. duh!

Posted by: Shannon C on May 27, 2005 09:34 AM
35. Scott in Carnation:

I agree. We agree. And Lefty, yes, it is nice. If this election is going to be declared null and rerun again, this is the best shot at it. Which was the point I was trying to make to those who are apprehensive about Bridges dropping the hammer on the plaintiff's claims.

Posted by: jaybird on May 27, 2005 11:24 AM
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