As previously reported both the cases to challenge the legitimacy of the Presidential election and Ohio Supreme Court Justice Thomas J. Moyers's re-election were filed separatedly in the Ohio Supreme Court. Yesterday, December 23, 2004 attorneys for Plaintiffs successfully filed Motion to disqualify Justice Moyer from sitting as the Judge on the Moss v. Bush matter based on the fact that he has an apparently conflict of interest in that the election challenge of the Presidency potentially affects his race (and the suits are effectively collateral actions) The Ohio Code of Judicial ethics, Canon 3 specifically requires that any judge with any financial interest in the outcome of litigation recuse him or herself or be disqualified. (Similar Codes of Judicial ethics exist for virtually every Judicial office.)

 The efforts in Ohio are historic landmark legal efforts forging new legal ground. The team of  attorneys on Moss v. Bush are working literally round the clock. 

It would be simple to write software that would count the first 3% of the votes cast correctly, then skew the remaining 97%.  In a recount like that in Ohio, everything would match during the hand recount of the first 3% of the votes.  Then the machines take over, according to Ohio law.

  Consider if you were hacking this election, setting things up back before Nov 2, and that in order to win the state, you would have to go after some of the counting machines that left paper trails (not the DRE, but the punch card machines.)  Would you not be aware of how your "fix" might be discovered during a recount?  Would you not put in the simple lines of code that would make everything look fine during the 3% hand count?  Of course you would.

  The only way to do a recount is to pick one of the counties with the most suspect statistics and hand count all the votes.  Anything else tells us nothing.  

Robert D. Klauber, PhD
Retired businessman, physicist
Was the melee between NBA players and fans a racial brawl?

The Nov. 19 game between the Indiana Pacers and the Detroit Pistons resulted in nine players being banned for more than 140 games.

All of the players involved were black and most of the fans they confronted were white.

Initially race was a silent issue. But as pundits of every stripe have weighed in on this incident, discussions of race have become increasingly prominent.

The narrative that is emerging goes something like this: Most professional basketball players are poor black youths from urban America who are socialized in a culture that lacks social graces. They earn exorbitant salaries, live pampered lifestyles and lack the appropriate gratitude for their -- largely unearned -- good fortune.

What's more, these black athletes are performing for predominantly white fans who are affluent enough to afford the high cost of NBA tickets. It's a tricky arrangement.

Tavis Smiley’s departure from National Public Radio will be a loss not only to African-Americans, but also to all NPR listeners.

For its part, NPR issued a vague statement that is long on happy talk about Smiley helping to “jumpstart” its effort at reaching African-Americans.

Smiley’s departing letter to local stations asserts that NPR has “failed to meaningfully reach out to a broad spectrum of Americans who would benefit from public radio.”

Smiley may simply have been tired of banging his head against the racial wall. He told me when I interviewed him a year ago that he was often frustrated and exhausted from doing the work involved in putting together a meaningful show five times a week, while at the same time tussling frequently with NPR over the show’s tone and guests.

“The most difficult thing that I have had to do,” he told me, “is fight a culture at NPR, a culture that is antithetical to the best interests of people of color.”

President Bush's nomination of Alberto Gonzales to the top justice post in the country sends the wrong signal, at home and abroad.

Gonzales, Bush’s White House legal counsel, would become the first Hispanic to become U.S. attorney general if approved by the Senate Judiciary Committee.

But while a number of groups embrace the nomination as a symbolic acceptance of Latinos, Gonzales’s troubling record should disqualify him.

In Texas, as counsel for then-Gov. Bush, he laid the groundwork for a record-breaking number of executions. He prepared more than a third of the case summaries that led to the execution of 150 men and two women in Bush’s six-year tenure -- a number unmatched by any other governor in modern American history.

As an elected member of the Texas Supreme Court, he took huge contributions from the energy giant Enron and Enron's law firm, according to the New York Daily News. And he was known to side with the oil industry. In May 2000, he was author of a state Supreme Court opinion that threw out a class-action suit by 885 Corpus Christi homeowners who were harmed by a 1994 refinery tank explosion.

More Hispanics may have voted for President Bush in 2004, but the perception that the Hispanic vote has shifted is misleading.

Much has been made about the apparent swing of Hispanic voters from the Democratic Party to the Republican Party. Various exit polls claim that, nationally, 44 percent of Hispanic voters chose Bush over Sen. John Kerry. (By comparison, 35 percent voted for Bush over then-Vice President Al Gore in 2000.) There is no unanimity, however, in this figure. Zogby International, for instance, disputes the 2004 total. The polling firm believes the correct percentage for Hispanic support for Bush was somewhere between 33 percent and 38 percent.

But whatever the exact number, we need to get over the assumption that there is one monolithic Hispanic community with a common historical experience and political agenda. Some Hispanics have emigrated from Latin America, while others have come from the Caribbean, Europe or elsewhere.

What’s more, the Bush campaign focused on battleground states such as New Mexico, Nevada, Arizona and Florida that have sizable Hispanic populations but are not exactly bastions of liberalism.
?
who
cooked the books
whose hands are dirty
people who look to be not much
past thirty?
Bush-speak techno geeks
with Absolut reeks
Computer polluters
with neocon tutors
bad motor scooters
and corporate suitors
Or that sin
in black skin
with the elephant pin
who thinks ho'in' fo' the right
makes you more white
Guvnuh of ahia
and then who knows?
Sky's thelimit fo' sheeps
in wolf clothes!
did they poison the fucker? - Not!
Just stole some of the votes he got.
Well
if it ain't
Action Jackson
That should help alot
Keep it in the news rev
keep the story hot
Proof once again
of that ofttold quoatation
"How goes Ohio
So goes the nation"

"The survival of democracy depends on the renunciation of violence and the development of nonviolent means to combat evil and advance the good." A. J Muste

In this quote Muste's meaning for the word "nonviolence" is much more than ending physical violence. His statement calls for the ending of system embedded violence in the forms of elitism, sexism, and racism as well. Limiting Peace advocacy to ending only overt physical violence and aggression leaves the societal, economic, and political violence in place and fully operational. Expecting reforms of such a configuration of interests and expectations to be able to "raise all boats" is delusional, if only because the general pattern of behavior is based upon discrimination, the advantage of the wealthy, and the promise of privilege. We must seek out the historical and social roots of anti-democracy, violence, self interest, and then dissolve it as a basis for our lives.

Dear "Free Press",

The outrage against democracy in America perpetrated by the Rove/Scaife/Delay putschists has been met by "Democratic Party" "leaders" with more acquiescence in the one party fascist state. Kerry can hardly find any words let alone actions in opposition to the vote fraud crimes in Ohio. Nancy Pelosi is apparently falling all over herself in support of an anti-abortion rights, DLC conservative candidate for the DNC top job! In other words, the "Democratic Party" leadership is acceding to all the DLC demands which amount to the absorption of the "Democratic Party" into the fascist coalition which has taken over by illegal means absolute power in the United States.

The current regime is by all evidence more negligent, more corrupt, more criminal than any other regime in the history of this country. Where is the opposition? Kerry's campaign was as much a fraud as Bush's. In the 60s, when war was raging in Vietnam, the academic community challenged the war openly, loudly, and assuming great risks. Today, there is not even a shadow of the resistance shown at that time. A hundred thousand Heideggers strut

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