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Dear United States Senator or Member of Congress:

Today, you are being asked to certify the reported votes of the Electoral College even though the status of the Ohio electors is still the subject of the meritorious election contest.  You are being asked to do so on the basis of one or more of the following three fallacies:

1) The faith-based neocon fallacy that vote counts do not have to be independently verified.

This new "con" holds that facts may be overcome by assertions of faith by those in power. Thus, the Bush campaign co-chair for Ohio and Secretary of State Kenneth Blackwell need not count 106,000 as yet uncounted Ohio ballots, because he has faith they would not make a difference in the reported 119,000 vote difference even thought these uncounted votes all are in areas of Ohio that demonstrated strong support for John Kerry, and because, as Secretary of State he has the power not to count them.

A corollary of this fallacy is that Ken Blackwell need not answer questions under oath. The answers to such questions might upset peoples' faith in the new "con."

It’s too bad the position of the Attorney General of the United States is so vital to the legal, moral and psychological health of the country. After all, if it wasn’t so important, maybe we could just do without one for the next four years.

That’s the only conclusion that can be drawn as we watch the confirmation process in the United States Senate for Alberto Gonzales, President Bush’s nominee for Attorney General. Whenever the best candidate you can find for a law enforcement position has had to promise not to willfully and egregiously break the law and ignore worldwide standards for human rights, maybe the job should simply be left empty for a while.

Gonzales, as you know, was picked by Bush to head up the Justice Department’s Attorney General Office following news that the current officeholder, John Ashcroft, was stepping down. Throughout his four years on the job, Ashcroft himself managed to set new standards in ignoring human rights, detaining suspects indefinitely, and otherwise flouting the law, particularly when it came to Muslim immigrants and suspected terrorists in the wake of Sept. 11.

Tomorrow (Thursday, January 6) Congress will host an unprecedented Constitutional showdown over the future of American democracy. 

It rises from a catalog of abuses that poisoned the November 2 presidential balloting in Ohio. Taken together, these attacks on the democratic process shifted Ohio's vote from John Kerry to George W. Bush, giving him the presidency.
 
Other states, most notably New Mexico and Florida, suffered similar problems, casting a dark shadow of doubt over the alleged 3.5 million-vote nationwide edge claimed by Bush. 
 
By virtue of an 1887 law passed in response to the contested election of 1876, Rep. John Conyers (D-MI), Rep. Stephanie Tubbs-Jones (D-OH) and others will challenge the seating of Ohio's electors.  If joined by a single Senator, Congress for the first time will debate the outcome of a presidential election as determined by the Electoral College. 
 
The presidential vote for George W. Bush does not compute.

By examining a very wide range of sworn testimonies from voters, polling officials and others close to the administration of the Nov. 2 election; by statistical analysis of the certified vote by mathematicians, election experts and independent research teams who have conducted detailed studies of the results in Ohio, New Mexico, Florida and elsewhere; from experts who studied the voting machines, tabulators and other electronic equipment on which a fair vote count has depended; and from a team of attorneys and others who have challenged the Ohio results; the freepress.org investigative team has compiled a portrait of an election whose true outcome must be investigated further by the Congress, the media and all Americans -- because it was almost certainly not an honest victory for George W. Bush.

1. Exit Polls Did Not Match Actual Vote in Ohio, Pennsylvania and Florida

The gulf between the exit polls and counted votes was glaring. The Zogby Poll and the media consortium poll (including CNN and AP) had Kerry winning an electoral landslide with 53% and 51% respectively in Ohio. Why did exit polls match the actual vote in the nation – EXCEPT for Ohio, Florida and Pennsylvania?

Exit polls are considered the most accurate measurement of the vote. Exit polls were responsible for calling for a revote in the Ukraine. The odds of the exit polls being outside the margin of error in these three battleground states are about 155 million to one. The exit poll data has never been released. There must be an investigation of the exit poll disparities.

2. Voting machines owned by private, partisan companies subject to manipulation

Voting machine tampering occurred throughout the state. In Mahoning County, votes “hopped” from Kerry to Bush. In Franklin County, votes for Kerry “faded” away. In Lucas County, Diebold machines froze up and rejected ballots in pro-Kerry precincts.

AUSTIN, Texas -- Oh boy! Starting the year off briskly, lending it such tone already, such cachet, such je ne sais quoi -- those Republicans are so special, aren't they? Their first move, first rat out of the trap, top priority: lower ethics standards. Yessiree, this 2005 is going to be quite a year, some pip.

Let's put that to a vote. Many problems before us -- Iraq, a Social Security "crisis," a real health care crisis, world terrorism, our international reputation possibly at its lowest ever ... who is in favor of lowering ethics standards first? Who thinks ethics standards in Washington are too high?

House "Republican leaders" -- that would be your Tom DeLay, Dennis Hastert and other moral heroes of our time -- want to repeal the rule that makes it possible for the House to censure members for bringing "discredit" on the House, even if their behavior does not fall under a specific rule.

This document contains links to pdfs of the complete text of the filings of the VERIFIED ELECTION CONTEST PETITION IN THE SUPREME COURT OF OHIO, also known as Moss v. Bush, and other related court documents.

Moss v. Bush

First Filing (Dismissed) (File size: 82 KB)
Second Filing (Current) (File size: 1.2 MB)

Moss v. Bush expert witness depositions

  • Dr. Baiman (File size: 100 KB)
  • Dr. Lange (File size: 76 KB)
  • Dr. Phillips (File size: 152 KB)


  • Moss v. Moyer

    First Filing (Current) (File size: 838 KB)

    Pages

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