As promised, here's a list of some of the "own goal"s that Democrat attorney Jenny Durkan scored in her closing argument. On behalf of everybody who favors setting this election aside in the name of ensuring integrity in our state's election system, I thank Ms. Durkan for making these points in her closing.
I should add that I think the Democrats' legal team, including Ms. Durkan, are a formidable bunch. But whatever the legal merits of their case might or might not be, defending the indefensibly tainted election fails any test of common sense. I can't imagine there could be any way to argue this case in such a way that wouldn't make the average person say "you've got to be kidding". Speaking of which, I also posted the conclusion of Durkan's closing argument in an earlier entry.
To hear these statements in their entirety, visit the TVW video and forward to the times posted with the quotes.
Durkan reminded the judge that his ruling will set a precedent for the standards used by election officials for years to come, reinforcing his sense that he has to prevent similar (or worse) meltdowns from occuring in the future:
[5:14:52] As the court noted to Mr. Katz, this court's ruling in this case must be forward looking. By definition, this court may be setting the rules and the roadmap for election contests throughout the state for the future, whether a local jurisdiction or a statewide election.and
[5:22:28] No one in this courtroom and no one at this table will ever say that mistakes weren't made, that systems weren't flawed and that people took actions they should not have taken. But that information, that evidence should not be used to denigrate the thousands of election workers who worked long and hard hours to ensure that the rest of us got to express our political will and vote. It is fundamental to our system that people have faith in our government and how it is chosen.and
[5:34:52] At the core, an election contest is a safety valve. A safety valve to ensure the integrity of our elections and promote the continued public trustDurkan argued a tortured, senseless reading of the contest statute that does not meet the "workable and rational interpretation" test and therefore only wastes the judge's time:
[5:16:43] We do not believe that petitioners have proven by even a preponderance of the evidence that a single, a single, illegal vote was ever cast for Governor [sic] Gregoire, which is what they have to show under the statute. And as I will discuss in a bit, in fact, the only evidence before the court either on a preponderance or clear and convincing that an illegal vote was cast for a specific candidate, was the felons, who we deposed who were on petitioner's list, who testified that they voted for Mr. Rossi.and
[5:26:16] So whether the court proceeds under errors or illegal votes, the component of legal votes is part of either part of those statutes. So in order to prove their case under errors, they still have to show that Governor [sic] Gregoire did not receive the highest number of legal votes. And to do so, any allegation of illegal vote is subject to the requirements of 100 which said you have to disclose it, and you had to say by whom cast.and
[5:51:50] two fatal flaws for the 875 [absentee ballots]. They're illegal votes by Petitioners' definition. They never disclosed by whom they were cast.Durkan reminded the court that King County didn't count their own absentee ballot envelopes and therefore weren't as diligent as other counties were to follow the law to reconcile discrepancies and avert and correct errors:
[5:40:08] Why didn't petitioners get the [absentee ballot] envelopes? .. the same documents that [Chelan Auditor] Evelyn Arnold used for her reconciliation, the same documents that [Clark Auditor] Mr. Kimsey used for his reconciliation?Durkan reminded the court about the Mail Ballot Report and the Judge's concern that Nicole Way did not use a valid method of preparing it: At [6:16:50] she put it on the overhead along with the SoS Powerpoint on Absentee Ballot Reconciliation that instructs to show
Number of Ballots Counted + Number of Ballots Rejected = Total Ballots Received. That's exactly what Nicole Way did"Durkan reminded the court that there's a widespread failure around the state (not just in King County) to follow the regulations for ensuring the integrity of the election:
[6:19:58] I do not believe the evidence supports that the Mail ballot Report was prepared to deceive or falsify. Because if it was, every single county that found absentee ballots after the original certification had the exact same problem. They lost ballots. If they had the proper Mail Ballot Return form they would have knownFinaly, Durkan reminded the court that King County disclosed and corrected the Larry Phillips ballot error prior to final certification. This had the effect of highlighting to the court that King County disclosed and corrected errors that would have helped Gregoire while at the same time they neglected to disclose and correct errors whose correction would have favored Rossi:
[6:24:14] Somebody forgot to tell King County not to make mistakes that hurt Christine Gregoire. When Secretary Sam Reed was deposed, he was asked what was the most significant error King County made. And he said it was setting aside the 700+ ballots that didn't have a signature that later came to be known as the Larry Phillips ballots.Posted by Stefan Sharkansky at June 05, 2005 01:47 PM | Email This
Check out the live chat today and Monday at:
http://www.webcityusa.com/chat.html
gary
Posted by: Gary F on June 5, 2005 01:57 PM"It depends on what the definition of "elected" is. "
LOL
gary
Posted by: Gary F on June 5, 2005 02:06 PMGiven that Korrell had to back way off from Foreman's opening, and then got spanked by the AG for the RP lies their case is based on, I can understand the desperation; I'm just surprised that you are letting it show.
Posted by: jdb on June 5, 2005 02:10 PMjdb, whichever way his turns out, it's now clear that King County's lawbreaking might easily have turned this election. Aren't you the tiniest bit embarrassed by that?
Posted by: ScottM on June 5, 2005 02:16 PMSurely you jest! I can just picture it:
Judge: Do you swear to tell the truth....
Witness: I do
R. Lawyer: What is your occupation?
Witness: Thief
R. Lawyer: Are you also a liar?
Witness: Yes.
R. Lawyer: Who did you vote for?
Witness: Rossi.
What's wrong with this picture?
Posted by: Dogbert on June 5, 2005 02:19 PMWe actually have a workable election system IF THE LAWS ARE FOLLOWED! Yes there is room for reform and improved accountability but not even that has a chance if we don't do the basics in an honest and forthright manner!
Posted by: Victor on June 5, 2005 02:24 PM"It is fundamental to our system that people have faith in our government and how it is chosen."
So when we see wrongdoing by any government official, we should never blow the whistle because that might undermine people's trust in the government?! It's really funny to hear that after the MSM spending several days lauding Deep Throat and Woodward and Bernstein.
Posted by: Shannon K on June 5, 2005 02:26 PMNicole Way actually did seems to have faith in the system, too bad no one listened to her...
Lesson learned I hope. Too bad the hard working people so often quoted by the Dems are the first one's to be thrown to the lions...while the middle and upper level managers are still on the job recieving a paycheck...
Posted by: Cliff on June 5, 2005 02:31 PMFor all the incredible efforts by Stefan and others in analyzing this case and advancing the legal arguments, the law has nothing to do with this case. I wish it did, but it doesn't. The ultimate decision will be purely political. Regardless of what Bridges does tomorrow, the Supreme Court will make a political ruling, and if Rossi prevails I will be the most shocked person in Washington.
Posted by: Mike on June 5, 2005 02:39 PMI have to give credit to Stefan here. He let some of the opposing arguments be aired so that there can be a debate on the matter.
Kudos!
Posted by: Erik on June 5, 2005 03:12 PMOh but they mustn't followed! Because if they were then the no Democrat would ever win an election.
It is necessary for then to lie, cheat and steal their way into office (any office) Then proceed to shove their agenda down our throats. Because most of us won't swallow it willingly!
The Dem lawyers have shown a lot of empathy and concern for the poor overworked election workers, but very little for the poor disenfranchised legal voters. That won't play too well on the stump.
Posted by: starboardhelm on June 5, 2005 04:36 PMMy gut is that the SC will let Bridges ruling stand (whichever way it goes). To change his ruling is to ensure a loss for that judge in the next election.
Posted by: Tommy on June 5, 2005 04:37 PMFairhurst will have to recuse herself, and so will CJ Alexander.
I got an email from a very well known election law attorney who strongly believes Bridges will rule in favor of Rossi and the the WA SC will affirm such a decision. This person thinks the GOP attorneys are doing an excellent job.
Posted by: Don on June 5, 2005 04:46 PMShe can't even be forced to do time for hit-and-run. Incredably, the excuse was "too drunk"!! Don't expect to force that cretin to do anything.
Posted by: Dogbert on June 5, 2005 04:48 PMI did. Gonna need the long-acting formula with DDT. They just can't resist this place.
Posted by: Dogbert on June 5, 2005 04:51 PMDon, I hope your contact is as could as it sounds. But no matter what way this turns we gotta be proud of Rossi, his team, and Stefan. This has been a great read on SP the past few months and I cannot wait for the next chapter to start.
Posted by: 4pawz on June 5, 2005 05:33 PMWhether they intend to rule impartially, or not.
Posted by: Dogbert on June 5, 2005 06:31 PMWould that that were so! But I don't think they'll be able to resist. Cameral face time alone is a compelling lure.
I want to extend my thanks to Stefan for his courageous, tenacious and determined willingness to stay on this. No matter what happens, you and the other SP contributors will have changed this world for the better.
Also thanks to Deborah, Michele, Orange Robyn, Methow Ken and the many other (non-troll) posters on this site. It continues to be a pleasure to enjoy your wit and wisdom.
Now, let's all retire to commune with the Deity of our choice to discuss our hopes for this election contest. To avoid misunderstandings with said Deity, I always end my thoughts with "Thy Will be done, of course."
Posted by: mac on June 5, 2005 08:14 PMFrankly, the face time is something they do crave, but the cocktail parties are a much bigger motivator. The supreme who choses not to take the case and overrule a decision in favor of Rossi will never be invited to another Olympia cocktail party again. That will cause the majority to intervene.
Posted by: Dogbert on June 5, 2005 08:19 PMDarn, the minutes are oozing by slowly.
Posted by: Cheryl on June 5, 2005 08:22 PMMac,
Something like "When you've done all that you can and have prayed - you stand in faith and believe."
I can't think of anything that we haven't done that should've been done! I think there are probably more prayers coming from the people of this blog than the oppositions....And nothing seems to have shaken our faith in this contest!
Heh....WE ARE NOW AT THE STANDING PHASE!
Thank you!
Posted by: Deborah on June 5, 2005 10:01 PMWhat we now need are Moonbat lights, similar in design to buglights, they zap any moonbat which cannot accept a truth or fact. BTW, sorry everyone for the prolonged OT post the other day. You all were right, it doesn't matter what facts you post, the moonbats will spin it and ignore what they can to make it sound their way. I was actually hoping the truth would change another ones mind. You know, reintroduce them to civilization. Unfortunately the brainwashing was set too deep.
Posted by: Mark Beyer on June 6, 2005 12:32 AMJust another case of Blog-fraud, I guess.
Posted by: JDB on June 6, 2005 11:48 AM"Therefore, put on the whole armor of God, that you may be able to withstand in the evil day, and, having done all, to stand."
I just didn't know that today would be the evil day.....but we are still standing!
Rejoice and celebrate! The evil was defeated and Judge Bridges gave a decision that surely shows the hand of God in its wisdom and justice.
Amen!
Posted by: JDB on June 7, 2005 04:30 PM