Yale Law School Dean

Rebukes Kerry For Conceding

Confessions Of An Unwitting Accessory

By Ian H. Solomon

Associate Dean, Yale Law School



Could we have been so naive? Thousands of the country's most credentialed

lawyers flocked to Florida to guarantee a fair election. Did we

inadvertently miss an election debacle even greater than that of 2000 and

negligently allow our client to concede?


I am a Kerry supporter and a Bush critic. I went to Florida because my

mother, a Florida resident, asked me to help protect the right of all

citizens to vote and to ensure that all votes counted. I walked the polling

lines for early voting in Daytona Beach, distributing sample ballots and

helping citizens understand their rights. I tried to ensure that poll

workers obeyed the laws about provisional ballots and that ballots were

correctly fed through the optical scanner machines. And by my presence,

along with other Democratic lawyers, I lent an air of legitimacy to the

voting process, which, by and large, seemed fair enough.


But one thing really troubled me: Who was checking to make sure the data

contained in the digital memory cards actually matched the voters'

intentions marked on the paper ballots? Could we take the accurate counting

of computer votes for granted, since the CEO of the leading voting machine

manufacturer promised to "deliver" Ohio's electoral votes for Bush?


At first, the question didn't matter, because I, like most others, thought

Kerry would win. In fact, I was shocked when the official election results

started coming in so different from historically reliable exit poll results

and my own gut sense of the results in Florida.


But then the stories of voting irregularities poured in. There was the Ohio

county where a memory card showed several thousand more votes for Bush than

there were total votes cast. There was the machine in North Carolina that

"lost" several thousand votes. There were the reports of several counties

in Florida, all using optical scanner machines, where democratic precincts

voted overwhelmingly for Bush. There was the realization that exit poll

errors were correlated with the use of electronic voting machines. There

was the sense that the data from the precincts where I had worked

understated what felt like a Kerry landslide. And there were the increasing

allegations of machine vulnerability to hacking made public by

Blackboxvoting.org and others.


And that's when I realized that I might have been an unwitting accessory to

fraud. Like every other Democrat, I had prepared to avoid the problems of

2000 only to be blindsided by new problems in 2004. We had been so worried

about the safekeeping of paper ballots that we neglected the security of

digital memory devices. We had been so worried about voting law that we

neglected voting technology. Most important, we had been so worried about

voter suppression in poor and minority areas that we didn't pay attention

to voter inflation in Republican areas.


We should have had trained observers - computer scientists, not lawyers! -

verifying the integrity of polling data from machine upload through the

tabulation of countywide and statewide results. Somehow we neglected the

most vulnerable step in the vote-counting process, leaving a gaping hole

for error and fraud, casting in doubt the validity of election results in

many states.


So what is to be done now? My client conceded the race on the belief that

the results were clear. The results are anything but clear, however, and

American democratic legitimacy requires an honest reappraisal of the events

in Florida and around the country. Three members of Congress have already

requested that the General Accounting Office conduct an investigation into

the troubling reports of problems with voting machines. The mainstream

press must immediately realize that this issue rises above partisanship and

demands attention. The time is now for voters from all states that used

electronic voting machines to request an audit of results and a manual

recount of ballots if possible.


We have a duty as Americans to fix these problems for the future and make

sure there is a transparent and trustworthy voting system. What's at stake

is not merely the outcome of a close election; what's at stake is our faith

in democratic government and the rule of law.


Ian H. Solomon is associate dean at the Yale Law School.


Left Wing Claims Exit Polls Were Accurate, Bush Stole Election

By Marc Morano

CNSNews.com Senior Staff Writer


November 11, 2004


(CNSNews.com) - An emerging conspiracy theory among some political left

wingers acccuses Republicans of stealing the 2004 presidential election.

While many Americans wonder why Election Day exit polling was so inaccurate

and showed Democrat John Kerry winning, liberal bloggers and activists

insist the exit polls were correct and that Republican forces used fraud to

help President Bush win re-election on Nov. 2.

But the controversy isn't confined to bloggers and activists.

Greg Palast, a contributing editor to Harper's magazine, conducted an

investigation into voter fraud for BBC television's Newsnight.

"I know you don't want to hear it. You can't face one more hung chad. But I

don't have a choice. As a journalist examining that messy sausage called

American democracy, it's my job to tell you who got the most votes in the

deciding states. Tuesday, in Ohio and New Mexico, it was John Kerry, Palast

said in his investigation reprinted at TomPaine.com.

Palast's assessment is echoed by U.S. Rep. John Conyers (D-Mich.), five

other Democratic congressmen and liberal groups such as Common Cause and

People for the American Way. They are demanding action on what they see as

election fraud in key states including Ohio and Florida. Conyers has asked

the General Accounting Office to probe the election results and hopes to

get congressional hearings on the subject. Kerry's brother Cam Kerry has

also weighed in on the allegations of voter fraud, assuring those concerned

that "we are not ignoring it."

Noticeably missing from the accusers is the George Soros-funded group,

MoveOn.org, and liberal film-maker Michael Moore, whose "Fahrenheit 9/11"

alleged voter fraud on the part of Republicans in Florida in 2000. Both

have opted to stay on the sidelines so far in the current dispute.

Palast, the liberal author of the New York Times' best selling book, "The

Best Democracy Money Can Buy," explained that "Although the exit polls show

that most voters in Ohio punched cards for Kerry-Edwards, thousands of

these votes were simply not recorded.

"So what's going on here?" Palast asked his readers, before following up

with the answer. "[T]he exit polls are accurate. Pollsters ask, 'Who did

you vote for?' Unfortunately, they don't ask the crucial, question, 'Was

your vote counted?' The voters don't know."

Palast is critical of the Democratic Party for not contesting the 2004

election results.

"So here we go again. Or, here we don't go again. Because unlike last time,

(2000 election) Democrats aren't even asking Ohio to count these cards with

the not-quite-punched holes (called 'undervotes' in the voting biz). Nor

are they demanding we look at the 'overvotes' where voter intent may be

discerned," Palast explained.

"Despite the Democratic Party's pledge, the leadership this time gave in to

racial disenfranchisement once again," he added.

Activists alleging massive Election Day voter fraud, point to Warren County

Ohio, a suburb of Cincinnati, where the vote count was conducted in secret.

Warren County officials reportedly barred the press and other observers

from entering their administration building during the vote tally, citing

concerns about terrorism.

The liberal activists also point to Bush's better than expected vote

tallies in some heavily Democratic precincts in Florida as evidence that

the results were rigged. But behind the flurry of new charges of election

fraud is little or no evidence of irregularities, much less of wrongdoing.

In Lafayette County, Fla., one of the areas cited as having produced a

suspicious level of support for Bush despite the fact that it is

overwhelmingly populated by registered Democrats, it turns out that the

county also voted for Bush in 2000, voted for Republican presidential

nominee Bob Dole in 1996 as well as Bush's father, George H.W. Bush, in

1992, according to ABC News.

As for the alleged voting irregularities in Ohio mentioned by many of

Kerry's supporters, the Cuyahoga County Board of Elections announced that

it was merely a computer glitch that added excessive absentee ballots to

the final tallies in many precincts, without affecting the outcome of the


Jacqui Maiden, the coordinator for the Cuyahoga County Board of Elections,

said the computer error did not affect the vote tallies for any candidate,

just the turnout totals, according to Wednesday's Akron Beacon Journal.

Also Wednesday, at least one group alleging voter fraud withdrew its

accusations about Cuyahoga County after hearing Maiden's explanation.

'Need someone with Brass Knuckles'

Many others on the left are also venting their anger at the losing

Democratic nominee, John Kerry.

The liberal website Buzzflash.com blasted Kerry in a headline, discouraging

him from even considering another run for President in 2008.

"Why[?] To Let (Bush political advisor Karl) Rove Steal another Election

from the Democrats. John, We Need Someone with Brass Knuckles Next Time,"

read the Wednesday headline.

Angry Kerry supporters are meeting around the country to plot how to expose

what they see as a stolen election by the Bush administration and the GOP.

"I think we need to protest this election no matter what Kerry does," said

Illinois resident Sue West at a meeting in Madison, Wis., on Nov. 6,

according to the journalistic website, Madison.com. The meeting, titled "No

Stolen Elections," was sponsored by the Madison Area Peace Coalition.

"I think it's fraud, pure and simple," West added.

Austin King, another activist attending the meeting, alleged that erroneous

information on college campuses was "was clearly a coordinated national

effort by Republicans to suppress the college vote," adding that he would

"very much like to see someone put in jail for this, and I'm not a

tough-on-crime guy," according to Madison.com.

Madison.com also quoted John Peck, a recent University of Wisconsin

graduate who expressed a disdain for electronic voting machines.

"The Luddites had an answer to machines," Peck said, referring to the

anti-technology movement in 19th century England that advocated the

destruction of automation technology thought to be taking over

manufacturing jobs.

Another Ohio group, calling itself "The League of Pissed Off Voters," is

calling for public hearings in that state to investigate the election

results. Joining the call to action are such groups as Common Cause Ohio

and People for the American Way Foundation.

Conyers: 'Immediately undertake an investigation'

MSNBC television anchor Keith Olbermann picked up on the election fraud

charges on his program Countdown on Monday. Olbermann interviewed Conyers,

who said the voting "irregularities are sufficient in number, and more and

more members are joining me every day on this ... that we need the

Government Accountability Office (GAO) to document each and every incident

and then investigate it."

Joining Conyers in his request for a GAO investigation are U.S. Reps.

Jerrold Nadler (D-N.Y.), Robert Wexler (D-Fla.), Rush Holt (D-N.J.), Robert

C. Scott (D-Va.) and Melvin Watt (D-N.C.). Conyers demanded that the GAO

"immediately undertake an investigation into the efficacy of voting

machines and new technologies used in the 2004 election."

Conyers predicted his election investigation efforts "will probably lead to

congressional hearings."

Kerry's brother, Cam Kerry, issued a statement on the allegations of voter

fraud on Tuesday and acknowledged the groups seeking an investigation of

the matter.

"I am grateful to the many people who have contacted me to express their

deep concern about questions of miscounting, fraud, vote suppression, and

other problems on Election Day, especially in Florida and Ohio," Cam Kerry

wrote in a statement.

"I want to you to know we are not ignoring it. Election protection lawyers

are still on the job in Ohio and Florida and in D.C. making sure all the

votes are counted accurately. I have been conferring with lawyers involved

and have made them aware of the information and concerns people have given

me. Even if the facts don't provide a basis to change the outcome, the

information will inform the continuing effort to protect the integrity of

our elections," Cam Kerry explained.

Bush's 'friends in high places'

Theories abound as to how the president allegedly stole the election from

Kerry. BuzzFlash.com columnist Maureen Farrell wrote a Tuesday editorial

explaining how Bush was able to secure victory in Ohio.

"And luckily for Mr. Bush, he had friends in high places in the Buckeye

State, too. After all, Walden 'Wally' O'Dell, head of the voting machine

company Diebold, had already expressed a commitment 'to helping Ohio

deliver its electoral votes to the President' and Ohio Secretary of State

Ken 'Paper Weight' Blackwell appeared to have Bush's back, as well,"

Farrell wrote.

"Pundits have been asking how exit polls, which have historically been

accurate, could have been so wrong. Well, that's easy: There's an elephant

in the voting booth. Now, will someone please alert the media?" Farrell


Another article on BuzzFlash.com even accused the Bush administration of

timing the recent offensive in Fallujah to drown out media reports of voter


In a Nov. 8 article titled, "Stolen Election. America Hijacked," writer

Chuck Muziani wrote that, "nothing occurred in the day after the election

to elicit the order (to attack Fallujah) at that moment ... except ... the

web bloggers, and blackboxvoting.org, and votergate.tv investigating

reports of vote result discrepancies, and potential fraud in Ohio, Florida,

Pennsylvania, and a (sic) other states.

"In fact, the Fallujah offensive timing was engineered to steal attention

away from voter fraud reports," Muziani wrote.

"Forget planes being hijacked. America, as a whole, has been hijacked. Not

by Islamic-based terrorists. Not by Middle Eastern zealots who 'hate our

freedom,'" Muziani added. "And not by suicidal bomb-packing sycophants

programmed to praise their God by personally delivering their murder

victims to His pearly gate. America has been hijacked by a greedy, power

hungry political machine that could never win an election without stealing


Republican pollster Kellyanne Conway dismissed the election fraud charges.

"To the anti-Bush Left, the so-called 'October Surprise' arrived a few days

late, on November 2. They invested everything they had into defeating the

President. Having lost, they now desperately try to reinvent the results,

revise history and deny reality," Conway wrote CNSNews.com in an email.

"They are touting a conclusion ('Kerry Won!') hopelessly in search of

evidence. Their bitterness and denial consumes them. Defeated above board,

they have taken to the underground to blog and bloviate. But no serious

people are listening; they are just talk[ing] to themselves, much like they

did for the past year," Conway added.


We, The People Demand The Impeachment Of George W. Bush

By Ramsey Clark



"Bush can run, but he cannot hide from the Constitution" "The election does

not pardon the President for past, or future "high Crimes and



Impeachment is not a partisan political issue. The House of

Representatives, possessed of the "sole power of impeachment," is required

to consider a bill of impeachment on the facts even if every Member were of

the same party, or political persuasion, as the President. The seven

specific provisions of the Constitution setting forth the powers and duties

of the Congress in considering impeachment intend that any President or

other civil officer of the United States who has committed a high Crime or

Misdemeanor "...shall be removed from Office."


The power of impeachment assures the people against criminal acts and

despotic ambitions by government officials.


We, the People have the power to require the House of Representatives to do

its duty and act on a bill of impeachment after full investigation and

consideration. If it fails to do so those House members who failed to

perform this Constitutional duty can and should be voted from office.

Remember that President Nixon resigned under threat of impeachment for

Watergate less than two years after his landslide reelection in 1972.


Impeachment Is Imperative


For the American people who support and defend the Constitution of the

United States, who want to prevent further crimes by a lawless

administration, who believe we can redeem our country in the eyes of those

we have assaulted and those who have witnessed this brutality and who dare

to demand of future government leadership, NEVER AGAIN, Impeachment is

Imperative. A decent respect to the opinions of mankind requires that we

Americans should declare the causes which impel us to impeach.


President George W. Bush chose to wage a war of aggression against Iraq,

which had not attacked the United States and presented no imminent threat

to our people, or legitimate interests. A small cabal, Cheney, Rumsfeld,

Rice, Wolfowitz, Feith, Libby and Rove wrested decision making processes

from established institutions of government to reinforce President Bush,s

desire to seize Iraq, defying international institutions, the opinions of

humankind and the rule of law to commence a disastrous criminal military



A Campaign of Deceit And False Propaganda


War of aggression is the first offense listed in the Nuremberg Charter as a

Crime against Peace. The Nuremberg Tribunal after hearing evidence of Nazi

crimes in World War II convicted the leaders of waging wars of aggression,

which it called "the supreme international crime."


At Nuremberg, the Chief U.S. Prosecutor, Robert H. Jackson, promised

posterity that in the future all nations, including our own, would be held

accountable for such crimes.


President Bush and key administration officials engaged in a lengthy

campaign of deceit, concealment and false propaganda to create support for,

and acceptance of, its war of aggression by claiming Iraq possessed weapons

of mass destruction, harbored terrorists, had close ties with and supported

Al Qaeda and intended to attack the U.S., U.S. citizens and U.S. interests.

A free society, democratic institutions and constitutional government

cannot survive such deceit by its own government.


The U.S. has made civilians and civilian facilities its direct object of

attack. It has pursued assassination and summary executions as official

policy. President Bush boasted of summary executions in his State of the

Union message in 2003. Excessive and indiscriminate force and illegal

weapons have been used. Many thousands of Iraqi citizens, whole families,

women, children, elderly Iraqis have been killed as a result.


U.S. military casualties exceed 10,000 including more than 1,100 deaths

with many additional thousands returned to the United States for physical

and mental illnesses.


The U.S. has employed torture, including torture to death, rape and sexual

assault and humiliation, as approved and ordered policy from Afghanistan

and Guantanamo to Iraq, inflicted on thousands of prisoners, many, if not

most, without any evidence of wrongful conduct. An admitted 37 human beings

have been murdered while being held in captivity by the United States under

these conditions. We know not how many more. All the mounting evidence

makes clear that this program of torture and death is not aberrational

conduct of rogue or undisciplined soldiers but is rather the policy adopted

at the highest levels of the Bush/Rumsfeld chain of command. All this in

violation of the Geneva Conventions, the International Convention Against

Torture, the laws of all nations and common human decency.


Article II, Section 4 of the Constitution of the United States provides:

The President, Vice President and all civil Officers of the United States,

Shall Be Removed From Office on Impeachment for, and Conviction of,

Treason, Bribery, or other high Crimes and Misdemeanors.


More Than 100,000 Dead Based On A Lie


We learn from the prominent medical journal Lancet of the report by

researchers at John Hopkins University, Columbia University and the

Al-Mustansiriya University in Baghdad that the U.S. war of aggression

against Iraq and military occupation has cost "at least" 100,000 Iraqi

lives already must civilian, women and children. Already President Bush has

launched a massive aerial and ground assault on Falluja which may kill

thousands of defenseless civilians.


Haiti, where President Bush forced the elected President Jean Bertrand

Aristide from office, is in chaos with many thousands killed by widespread

daily violence committed by U.S. supported paramilitaries against Aristide



Nearly 500,000 have voted to impeach. Help us increase that number into

millions the Congress cannot ignore.


Every American should choose whether to vote for impeachment entirely on

the facts, straight up, or down, without political, or partisan fear, or

favor. We owe this to the country, its future, the Constitution and our

common heritage. Impeachment is Required Now.


Impeachment now is the only way we, the American people, can promise

ourselves and the world that we will not tolerate crimes against peace and

humanity by our government. Knowing what we know, to wait longer is to

condone what has been done and risk more.


Sincerely, Ramsey Clark



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