October 31, 2005
Norman Maleng: Cover up the scandal until after the election

Norman Maleng's office, representing Dean Logan, filed this response today to my Public Disclosure Act lawsuit against King County.

I'll let my lawyer refute Logan's specific assertions in court, but suffice to say that Logan's defense is nonsense. There's a substantial number of requested documents that he has not produced, and he has a long and documented track record of failing to respond to records request in a complete and timely fashion.

Dean Logan's publicly funded lawyer from Maleng's office is arguing that the public shouldn't be allowed to see the documents that Logan has been withholding for months until after the upcoming election is over. By that time, of course, it will be too late for the voting public to use the information to pass judgment on Logan and Sims' recent job performance.

UPDATE: Good news! My attorney won on today's Motion to Shorten Time, denying the Sims/Logan/Maleng request to drag this thing out until after the election. Judge Castleberry will hear the Motion for Order to Show Cause this Wednesday at 11am.

Posted by Stefan Sharkansky at October 31, 2005 03:06 PM | Email This
Comments
1. Congrats and great job on keeping the pressure on them!

I will tip the donation jar again tomorrow when my pay hits my account.

If you need help going through the envelopes, I am always available and my gas tank is full.

Posted by: sgmmac on October 31, 2005 03:43 PM
2. Whoohoo! Way to go Stefan! One step closer to an FBI investigation of the corrput Democrat Tammany Hall machine!

Posted by: pbj on October 31, 2005 03:54 PM
3. Somebody tell Maleng and U.S. Attorney John McKay that it is well passed time for them to get off of their rear ends. Shark and Evergreen Freedom Foundation have been doing outstanding work seperately and together. Would that our elected and appointed officials care as much!

Posted by: NWconservative on October 31, 2005 04:12 PM
4. Hooray for the Motion Victory!

Posted by: Michele on October 31, 2005 04:19 PM
5. Typical actions from Maleng.

Cut from the same cloth as Sam Reed, and goes along to get along with the liberal political establishment. Always has.

Posted by: 5thColumnCure on October 31, 2005 04:48 PM
6. Just when they thought it was safe to go back into the water
:)

Posted by: N Seattle Mike on October 31, 2005 05:01 PM
7. Ho Hum...

Posted by: Apache Fog on October 31, 2005 05:17 PM
8. AF.... Ho Hum? Oh yeah, I remember that is what Bill Clinton got from Monica!

Posted by: Roscoe on October 31, 2005 05:23 PM
9. Nice job, Shark. I hope you can get some results.

Posted by: Mike S. on October 31, 2005 05:36 PM
10. Shark, bite em in the butt! You have done an excellent job in showing them that we will watch their every move in this election! The definately stole the last election, and we will hand them their head in a basket in the next election.

Great Job!

Posted by: gs on October 31, 2005 05:41 PM
11. Is there some kind of club that these Dems belong to? How familiar does this sound...

Posted by: huckleberry on October 31, 2005 06:36 PM
12. Wow!

First - the vague reference to the Feds. (In another thread)... - NOW - a Judge that has actually stopped the Democrat *Machine* from it's course of corruption and election fraud coverup??....

Do I dare believe?

Posted by: Deborah on October 31, 2005 06:39 PM
13. Hey foghat,

Get with the program. When you are trying to feign disinterest in the proceedings here, the proper post is NOT "Ho hum." It is (all together now...

Y A W N

Of course we'd prefer you go pound sand, but that's probably too intellectually demanding for you.

Posted by: Danny on October 31, 2005 06:49 PM
14. Remember, Maleng is the County Attorney.
His job is to defend his client.....not the public. His client is the Election Dept. Maleng is Logan's advocate.
Hard to swallow.....seeing Logan getting free defense to protect him from actions that quite possibly are illegal.
But that's the way it is.
That said, all you can do is precisely what you are doing Stefan.
Maleng is NOT saying what Logan has done is right or ethical or anything of the sort.
Just look at Maleng as the poor SOB Attorney who is forced to defend Ted Bundy!@!

Posted by: Mr. Cynical on October 31, 2005 07:21 PM
15. Too bad Christine isn't the appointed counsel, she would miss the filing deadline and we could get this thing to trial for sure.

Posted by: Roscoe on October 31, 2005 07:46 PM
16. Roscoe...good one!

Posted by: dl on October 31, 2005 07:51 PM
17. Logan's response is nearly hilarious.

First he frets and fusses that a member of the public actually started a thorough scrutiny of public information, after being rudely (or feloniously, take your choice) stalled for months. Then he breaks into the chorus:

"Instead the Court should allow the Defendents (Logan et al) a reasonable time to respond to the allegations raised by Plaintiff so that their response does not interfere with their obligations to conduct the General Election".

Sorry, brer Logan, you consumed all that 'reasonable time' yourself in the months that you stonewalled and delayed. Deliberately, more than likely, so you could intone the snivel quoted above. Put it off past the next election and it'll all blow over, won't it. No sympathy with THAT brilliant strategy, Mr. public servant.

We'll also be very interested in the doings of your buddy tester02.

Posted by: Hank Bradley on October 31, 2005 08:16 PM
18. Too true, Hank. Logan dug this hole all by himself. If he hadn't stalled, he wouldn't be in this mess. Oh, what a tangled web we weave....

Posted by: Michele on October 31, 2005 08:41 PM
19. Cynical,

OK then, a straight-up question for you. None of my usual sarcasm (even though my sarcasm is usually agreeing with you). The metrokc.gov website plainly lists Maleng as the KC Prosecuting Attorney. Prosecution means he's supposed to be the dude on offense.

I'm not a lawyer, don't play one on TV, and don't pretend to understand all matters legal. But, were there malfeasance on the part of KC employees, whose responsibility would it be to investigate and/or prosecute? Or maybe a better set of questions:

1) Who is specifically responsible for prosecuting malfeasance of KC employees?
2) Who has enough jurisdiction that he could get involved if he wanted to?
3) Who is specifically prevented from getting into it?

Questions open to anyone who truly knows the answer... I've honestly been wondering about this.

Posted by: TB on October 31, 2005 08:42 PM
20. TB--
You have asked the $64,000 Questions!!
Now that Logan has gone to Maleng for legal defense, I seriously doubt Maleng can then go after Logan.
This is a very, very interesting legal matter.
Perhaps an e-mail to Mr. Maleng for the answer???
It's always been a mystery to me who Prosecuting Attorney's really represent....the public or the legal entity. Perhaps this is where a lawsuit will help sort that out.....or a call to the AG for guidance.
Perhaps David Irons can call Municipal Research (as he is an elected official) or some other elected official.
I believe Irons can also call the AG for an opinion letter.
We need Perry "Friggin" Mason NOW!

Posted by: Mr. Cynical on October 31, 2005 08:56 PM
21. Logan's defense is truly lame. It appears that Logan's strategy for the past year has been to delay the release of any inciminating information until near an election, and then claim that he's too busy to respond to any FOI requests because he has to conduct an election.

Rinse, repeat.

We really need to get rid of Sims and thus Logan ASAP.

Posted by: Jeff B. on October 31, 2005 09:18 PM
22. Mr. Cynical said, "Now that Logan has gone to Maleng for legal defense, I seriously doubt Maleng can then go after Logan."

Doesn't that mean that Maleng would have to recuse himself from prosecuting Logan? In fact, the whole Prosecutors office too for conflict of interest?

I can't believe Logan is that smart. Maybe the deck is stacked that way to protect the guilty.

I'm no lawyer, don't play one on TV and didn't say at Holiday Inn Express last night.

Posted by: OroDave on October 31, 2005 09:35 PM
23. What we need is to hold down Dean Logan and give him a frontal labotomy. It might improve his helpfullness!

Posted by: GS on October 31, 2005 09:38 PM
24. How can a city attorney defend and prosecute at the same time?

The city attorney should not be the prosecutor.
It's unethical. Maybe that's why Washington has such legal problems......

Posted by: sgmmac on October 31, 2005 09:43 PM
25. Michelle Malkin links in: http://michellemalkin.com/archives/003811.htm

Posted by: starboardhelm on October 31, 2005 09:51 PM
26. and Sims will still win 60% of the vote. IN fact, Irons could be running against a dead corpse with a (D) on it and the corpse would win 60% in King County.

Posted by: doug on October 31, 2005 10:29 PM
27. ...and why am I STILL reading about this guy Logan?! is he still collecting a paycheck? what a farce; success in positive ratios to screw-ups; what a life! well--guess we keep him there rather than in a surgical gown; (music track) "...ear bone connected to the--thigh bone..."

Posted by: Jimmie-howya-doin on October 31, 2005 10:39 PM
28. too late for the election on exposing Sims/Logan, but hopefully something can be done at the federal level to confiscate the ballots from this election.

Posted by: Andy on October 31, 2005 11:23 PM
29. I think with the extent of this election fraud and corruption, it would now be a matter for the Federal Government to investigate.

Stefan is finding evidence from last Novembers General election. This was a National election where we voted for a President. There was also concern - prior to that election - from the US Department of Justice, that our military voters were being disenfranchised by the State and especially King County with chronic late mailings of their ballots......

Our State and espcially King County have been marked by the Feds for a closer look at our election process. This was evident during last Novembers election when the National Election commission sent some of it's members to observe our procedures.....

King Countys long history of election problems, errors, terminations and resignations, blue ribbon and citizen oversight committies, task forces and so-called *swat teams* - with little or no improvement - simply cannot be ignored by the Feds......The expensive and extensive trail of Ron Sim's failed *fixes* should be enough of a clue that something is seriously and persistently wrong here...Add to this Stefan's evidence.....

Posted by: Deborah on October 31, 2005 11:36 PM
30. TB:

Well, the answer may surprise you --

If Maleng were to take the very concerning findings of Stefan's research seriously, it would be the responsibility of his office to arrange an investigation (a Sheriff's investigation or other qualified agency) and pursue the prosecution where probable cause is found.

It would also be his office's responsibility to provide the County defense counsel (including County employees as individuals).

The attorneys asssigned, while both teams of deputy prosecutors, would come from two different parts of the prosecutors' office, and in the best case scenario, would not regualrly work together and would barely even know each other.

The prosecution would come from the criminal division, and the defense would come from the corps of attorneys that specialize in advising the county in business matters. Likely one or both sides would add outside attorneys to further seperate the two teams and add subject matter practice expertise.

Maleng would also have the option to ask another county or the AG's office to provide counsel for one side or another to add distance between the two teams of attorneys.

It can be done, and has been done in other cases previously, and justice has been served.

In the extant situation, the key is getting Maleng to take the findings seriously. (What do you expect from a Republican who has been a host st Sims fundraisers?)

Posted by: Insider on October 31, 2005 11:40 PM
31. It shouldn't be a secret to anyone why Washington has a reputation for clean politics...it's because we have government wilfully ignorant of problems.

Posted by: South County on November 1, 2005 12:14 AM
32. INSIDER
Doesn't Sims set Maleng's Budget???
No wonder we are seeing what is unfolding here.
Even though Maleng has seperate departments for prosecution and KingCo legal assistance, how fireproof is the firewall between these 2 departments.
Plus Maleng isn't going to act until someone goes to him with clear & convincing evidence that a crime has been committed. Very high standard....difference between errors/numerous errors and criminal activity.
HOWEVER, it appears a case may be unfolding about ballots that were deemed "fatal pend" that have empty envelopes. Sone has some'splaining to do on this....someone authorized that those ballots be counted. WHO authorized that,,,,with WHO's consent?????? Was Huennekens the guy who ultimately decided?? WHO??

Posted by: Mr. Cynical on November 1, 2005 04:49 AM
33. Some of the LEFTIST PINHEADS are growing weary of the monikor LEFTIST PINHEAD.
The more I listen to these clowns, the more I realize that is exactly what they are...CLOWNS!
Seattle Progressive Dems====CLOWNS!!
KingCo has turned into a circus with lots & lots of CLOWNS in key positions....voted in or appointed by thousands of other clowns.
The head CLOWN is Emmett "SIMS" Kelly.
I'm kind of partial to the LEFTIST PINHEAD tag though...it's so appropo!
I guess it's more appropriate to call them
LEFTIST PINHEADED CLOWNS!!!

Posted by: Mr. Cynical on November 1, 2005 04:54 AM
34. TB...too many ways this becomes a conflict of interest for Norm Maleng. Not only the offense vs. defense issue, but he has also been giving legal advice to Logan, which has apparently been to hide and delay...that is what he advised when KC found yet more uncounted ballots last year.

Another option...it is my understanding (from a Rob McKenna interview) that Norm Maleng is one of the few individuals who has the authority to request an investigation from the State Attorney's office. This apparently requires the County Prosecuting Atty and/or governor, is it any surprise that no such request has been made?

A year later, voters are still waiting for even one elected official (or newspaper reporter) with the integrity and honesty to tackle this issue...still waiting...

Posted by: dl on November 1, 2005 06:47 AM
35. It has been my personal opinion for over a decade that our local DA needs to be in prison. By all accounts, Norm Maleng has the scruples of an feral tomcat.

Posted by: H Moul on November 1, 2005 06:48 AM
36. .............ho hum...........

Posted by: Apache Fog on November 1, 2005 07:38 AM
37. troll alert -- Monica's calling - aren't the pads getting worn out?

Posted by: Bill on November 1, 2005 07:48 AM
38. AF...you demonstrate the worst characteristics of your kind...indifference to the basic concepts of right and wrong, and application of the law only when it benefits your agenda. In other words, selfish and immature.

Posted by: dl on November 1, 2005 07:52 AM
39. I understand Mr Fitzgerald is looking for work, he's used to going after mobsters with RICO statues. Let's use the 2.1 Million it's going to cost for the turnaround team Ronnies hired and actually have this guy come in and DO SOMETHING.
What are the Dem's gonna do? say he's unfair? Not competent?

Posted by: Roscoe on November 1, 2005 08:34 AM
40. It matters not. Irons has eliminated himself by coming out against I-912. Once again, the WA GOP is committing suicide by insulting and ignoring conservative voters.

Posted by: L57 on November 1, 2005 09:34 AM
41. Shark hasn't finished reviewing the documents the County already produced? If this is true, Shark's going to get bitten in the rear end at the show cause hearing.

Posted by: Claire on November 1, 2005 09:49 AM
42. Time to replace Norm folks!(When his Seat is upfor grabs!!)

Posted by: Laurie on November 1, 2005 10:01 AM
43. Hey Stefan,
How many seats are available in the court house?
A strong contingent of SP should come to show support don't ya think?

Posted by: Jim L on November 1, 2005 10:05 AM
44. Claire, Oh Claire....

You should read the ENTIRE pdf file, word for word.

It has nothing to do with whether Stefan reviews the information or uses it for litterbox paper.

You see, he requested information, and Deary Dean Logan hasn't produced it (in 10 fricking months). He has produced some, and most of that on a piece meal basis. Until you can get ALL the information Dearest Claire, the puzzle is not complete. Kinda like not having all the Edge Pieces, not the whole picture.


Posted by: Chris on November 1, 2005 10:11 AM
45. Maleng/Joly:

"I'm sorry I don't have time right now, the dog ate my homework, can I just turn it in late please your honor, anyway is it really necessary, after all . . . I tried . . . can I please have an "A" plus?"

"I didn't do it, but I did what I was supposed to do, but we did all we could do, and I promise we won't do it again, or if it's the right thing we will because we are good people, but Sharkansky was too slow and we let him look but he didn't look good enough, and he says there are 91 absentee ballot envelopes outstanding but we provided them all so he is just wrong yada, yada, yada . . ."

The judge is probably going to buy this bull$hit argument by saying that while the County Records and Elections Division may not have produced what they were supposed to, they "made a good faith effort," and that will suffice. The mediation style "it takes two to tango," nonsense that says "oh come on Mr. Sharkansky, quit bickering, after all, you’re half of the problem.
It is plain for anyone to see they didn't provide the records--if nothing else by not simply, clearly, and categorically denying the complaints--rather preferring to throw out a fog bank onto a field of trap doors. It's just our wonderful county administration, and correspondingly agreeable court system in action.

Keep it up Shark!!

Posted by: Amused by liberals on November 1, 2005 10:12 AM
46. Claire,

You don't know much, do you? Most people like yourself can appear MUCH smarter if they keep their mouth shut.

Luckily for our sense of humor, you rarely choose that path.

Posted by: Larry on November 1, 2005 10:29 AM
47. Norm Maleng as the King County Prosecutor is "standing counsel" for Ron Sims and all county employees where civil matters involving the official business of the county are concerned.

This means that he cannot file any civil action against any official of the King County involving the ongoing governmental, administrative, or official actions of that entity.

The Maleng-Sims, or Maleng-Logan relationship is the same as any attorney-client relationship in that they are required to defend their client zealously, and they cannot sue their own client.

There are circumstances where the prosecutor can be involved in actions against individuals employed by the county but they are complex and do not apply in context with the subject matter of this thread.

Posted by: Amused by liberals on November 1, 2005 10:30 AM
48. Sounds like the old Clinton administration arguements. "We're too busy screwing things up to bother with people trying to find out what we've already screwed up". Way to go Shark!
I think Republicans should put Reed and Maleng out to pasture at the next available opportunity.

Posted by: Scott C on November 1, 2005 10:48 AM
49. There are good reasons, "Claire", why Stefan has not completed that document review. Most blatant, because Logan was so diligent at denying and delaying access to said documents.

And also, because Stefan's doing the work, singlehanded, that the skulking Canvassing Board and its staff, and Sims's oh-so-blue ribbon Commission, failed to do months ago.

And also, because the local mass media, that we depend on for keeping the public informed of current events, is playing 'three monkeys' and suppressing all interest in seeing, hearing and speaking of the ever-more-obvious evils of our County Elections Department. They have forced public-spirited private individuals into doing their work for them - and have paid them in massive indifference.

So, "Claire", here's your chance for a Pulitzer. You can heroically swoop in and write it all up in a shocked, shocked expose, and retire on the proceeds of your best-selling book about it.

Posted by: Hank Bradley on November 1, 2005 11:01 AM
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