These are highly significant election fraud and voter suppression charges. We're dealing with the election fraud and voter suppression that enabled the theft of the 2004 United States presidential election.
Specifically, the defendants:
have conspired to deprive Plaintiffs of their right to vote … by undermining the bipartisan supervision of elections prescribed by Ohio law and avoiding any election audit so as to permit the following: fraudulent votes to be cast for George W. Bush (“Bush”) (“election fraud”); the double-counting of absentee ballots (“vote dilution”); the suppression and/or spoiling of votes in areas that tended to vote for John Kerry (“Kerry”) and the inflating of vote tabulations in areas that tended to vote for George Bush (“vote suppression”); the failing to follow Ohio’s law for the proper recount of votes (“recount fraud”); and other violations of federal and state laws. KLBNA v Blackwell et al.
There are at least two factors that should allow this case to move forward. First, there's a legal doctrine called "spoliation." Defendants are denied a reward for destroying evidence that may point to their guilt or culpability in a pending law suit, either announced or anticipated. The destruction of evidence can be taken as a sign of guilt. Second, much of the evidence has been documented through the meticulous research of Richard Hayes Phillips, PhD.
Proving Election Fraud with Hard Evidence: The Declaration of Richard Hayes Phillips and the Federal Law Suit
Phillips has an intense involvement in documenting and analyzing election fraud with over 40 articles on the subject. He visited 9,343 of Ohio's 11,323 precincts conducting research for this case. The Declaration of Richard Hayes Phillips was the opening document filed in federal court. It is a powerful narrative of election fraud and voter suppression. (Summary of the declaration evidence)
When Phillips visited Deleware County to examine ballots and other evidence (his right under Ohio law), election officials must have been terribly upset. They called the police five times and the county prosecutor twice seeking to stop the legal request for ballot review. Why?
Hamilton County shredded all of its unvoted and soiled ballots making it difficult to determine if any of those unvoted ballots were marked and substituted for voted ballots. Then there's the practice of the illegal pre-punching ballots and the impact on election results in Cincinnati. The county offered an incomprehensible excuse which included "inadvertent" ballot shredding. "Inadvertent?"
Clermont County lost all of its unvoted ballots, every single one. Were any of those unvoted ballots marked and substituted for voted ballots? We may never know that or why Phillips found absentee ballots stuck under phone books; or why the county failed to segregate voted spoiled and unused ballots as required by law; or why Phillips' repeated requests to examine unused ballots were turned down. What else should we know about Clermont County?
Phillip's analysis uncovered the fact that Miami County's ballot count was off in each and every one of its 82 precincts. A return of soiled ballots might have helped sort this out but they were destroyed. Why?
Three counties, Stark, Summit, and Warren, failed to return any unvoted ballots making it difficult to determine if unvoted ballots were marked and substituted for voted ballots. Stark and Warren said it was standard procedure to destroy unvoted ballots 60 days after an election. Summit didn't bother to offer an explanation.
Trumbull County claimed to have returned all of its ballots. This contradicts a report that Phillips received during his field work indicating that Trumbull's unused ballots were destroyed. Who would you believe?
Montgomery County failed to return one single ballot from 2004, including more than 290,000 voted ballots from 2004. That was most unfortunate since Montgomery County was responsible for a disproportionate number of the 1.5 million destroyed or lost ballots.
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