Cooler Heads Prevail In "Voter Fraud" Investigation

My blogging will be light this week, as I'm in Florida, enjoying my first vacation in about 30 months. I've been following the story of grand jury subpoenas about which Griff blogged below, and it's good to see a sense of order restored to the process today.

The Enquirer reports that HamCo Prosecutor Joe Deters has recused his office from the investigation. HamCo Common Pleas Judge Norbert A. Nadel, in his role as "presiding judge," has appointed Mike O'Neill, a young Cincinnati attorney, as the special prosecutor for the case. I applaud Judge Nadel (a Republican-endorsed judge running unopposed to retain his seat this year) on his choice.

I also applaud Mr. Deters for his decision to step back from the investigation. Strictly speaking, Mr. Deters would not operate under a conflict of interest in pursuing voter registration or voter fraud prosecutions. As he pointed out to the Enquirer, he has no way of knowing how any particular voter voted. (And there's no evidence that he cherry-picked voters from precincts that leaned one way or the other in past elections.) But he was correct to recognize the appearance of impropriety and let someone else handle this important issue. (Remember: appearance of impropriety is not the standard under which lawyers operate; that's reserved for judges. Lawyers only have to "conflict themselves out" if there's an actual conflict, not merely the appearance of one.) It's important for the county and the nation that the election be handled transparently and administered without partisan politics coming into play.

As for Mr. O'Neill: he was a year ahead of me at UC Law. He's an intelligent, thoughtful guy. When he was a prosecutor (under Mike Allen), he was well-respected by both those in his own office and the defense bar. Mr. O'Neill is the kind of lawyer who knows when he has a case and when he doesn't. He has an even, calm temperment that makes him well-suited to navigate this emotionally-charged issue. And I like his early comments to the Enquirer (at least as reported by that paper), that seem to signal that he's more concerned with getting the right result rather than a fast one.

So my advice: everyone should take a deep breath, sit back, and let this process work. This isn't about voter suppression--the steps former SoS Ken Blackwell took in 2004 were far more likely to keep voters away from the polls than is the investigation of a few individuals with anomalous registration records.

And keep repeating to yourself: only 2 more weeks.....

Abuse of Power By Deters

Hamilton County Prosecutor Joe Deters is using his office in an attempt to intimidate voters for Obama. Deters only took 40% of those who voted and registered early. What was that 40% based on? Did he have access to those registrations? Did he have party ID or address to select certain votes? Who is Deters serving? If he had credible and SPECIFIC allegations of fraud, he would not need to go after this volume. This is a violation of privacy that there is no evidence will produce any violation of the law.

Based on the article it appears he has acted not at the request of the BOE, who was required by the Secretary of State to report voter fraud to the Prosecutor, but instead from someone outside, with no conceivable knowledge of voter fraud from this number of instances.

Deters must step forward and reveal the source of the allegation of any fraud. Going on a fishing expedition on behalf of the Republican Party or even more egregious the McCain Campaign directly is an abuse of power and grounds for an investigation of Deters himself. The Attorney General needs to step forward and investigate Deters.


UPDATE: Here is more from 700-WLW and yes, it is just a press release with no research or detail added. The only redeeming quality about the story is the fact they put the following in quotes:

He says his office has received "numerous credible complaints" of irregularities.

Where did Deters get these complaints? Who are they from? If these reports are not from the BOE, then how are they credible? What independent evidence could there be other than the politically motivated false charges being leveled against ARCORN, which are bogus. TPM has the full background on the entire trumped up Republican political ploy.

Local Racist Out in the Open

Via Comments we get this:


Channel 12 is reporting his name as Mike Lunsford.

There are no words that can express my level of disgust at this "man". I wonder if he went to the Palin rally and was welcomed?

Yes, Cincinnati, there is open racism in the suburbs. Yes, there is open racism in the city too, just nothing we've seen this bad. What I fear we will get from many from the right wing is not defense of what he says, but his right to say it. All of that without forcefully condemning the pure hate Lunsford has.

Republican Ignorance Is Extreme

There is not only extreme ignorance that is WIDESPREAD amongst those attending this Republican rally, there is out right racism. If you don't know what I mean by the racism, watch for the guy holding the Monkey with the Obama sticker across its head.

I'd like to hear from anyone who went to or was around the Palin rally in West Chester yesterday. Are Ohio Republicans as bad as this batch from PA?

VIA TPM

The Extremism of the McCain-Palin Ticket

Typically, any pro-choice Democrat will be labelled an "extremist" by his or her Republican opponent. Sometimes, the Dem has earned that label, having been forced to run far to the left during the primaries. This year, though, it's the GOP that has turned into the extremist party, right in the midst of the general election campaign.

Abortion is a tough, tough issue. Nobody's mind ever gets changed by debates on the topic. It's emotional for both sides. Those who favor criminalization of abortion believe that abortion is nothing short of murder. The other side believes that whether to terminate a pregnancy should be a private decision between a woman and her doctor, and that government intervention in this area is a usurpation of individual autonomy of the most odious kind.

There seem to be some areas where lots of people have reached some agreement. Most pro-choice people believe that late-term abortions should be unlawful, so long as there's an exception where the mother's health is in jeopardy should she be forced to continue the pregnancy. And most pro-life people are okay with that exception.

But not John McCain. During an election year when the GOP--for a while, at least--has gone out of its way to attract women voters, McCain put scare-quotes around the word "health" as it referred to women. I gasped audibly when I saw this part of the debate:



Most people--even the most ardent of pro-life advocates--agree that a woman who is raped should be permitted to terminate her pregnancy. But not Sarah Palin. Last night, this commercial aired in some markets; it is, perhaps, the most powerful pro-choice ad I've seen.



John McCain was certainly right about one thing: elections have consequences. Are you ready for the consequences of a McCain-Palin administration?

The National & The Breeders Rock for Obama

Get down to the Square tonight (5 PM to 9 PM) and support Obama for President! Reports are that one of the special guests is Natalie Portman. I believe liberal men should be allowed to be men and be there in person to view and listen to the lovely actress.

While there, be sure to have a beer to support the Square!

Panic and Fear From WLW

It isn't a shock, but I feel it important to be point out what Willie Cunningham is saying on the radio about what would happen if Obama loses. This type of racial stereotyping is not new for Cunnigham, but this is a new low. Spreading panic and fear is just how Cunningham and others of his ilk make a living, and it pushes the divide on race in America further apart.

Cummingham fans will say he is just joking. The problem is that too many of his fans don't know he often says stuff to get a rise out of people. In the past, this type of comment is something he would never back down from when interviewed. It would be a miracle if WLW lowered the level of bigotry it allows on it the air, but they would have to replace half of their on air programming.