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Will Karl Rove Bury The Record Of His 2004 Election Theft?

by Bob Fitrakis and Harvey Wasserman
January 10, 2011

An epic legal battle now rages between Karl Rove and Ohio election rights attorneys. The question is whether the public has the right to see full transcripts of a court deposition that could shed explosive new light on the bitterly contested presidential election of 2004.

The deposition came from the late Michael Connell, Rove’s IT guru. Connell died in a mysterious plan crash in December 2008, one month after he spoke under oath to election protection attorney Clifford O. Arnebeck. Connell had implanted the state-contracted software used to compute Ohio’s electronic voting tabulations during the contest between Bush and John Kerry.

On December 10, 2010, attorneys in the King-Lincoln-Bronzeville Neighborhood Association case moved to release the Connell transcript in an ongoing legal struggle with Rove and the U.S. Chamber of Commerce. The King-Lincoln case was filed in 2006 by attorney Arnebeck alleging civil rights violations against blacks, young voters and others in Ohio’s 2004 election process.

Connell’s November 3, 2008 deposition in Cleveland concerned his role in the 2004 election and whether or not he was being threatened by Rove. Just over a month later on December 19, 2008, Connell died in the mysterious crash of his small plane near his Akron, Ohio, home. Suspicions of foul play surround the accident.

The Connell deposition has been sealed since his death. During the closing days of the 2010 election, King-Lincoln attorneys sought the deposition of Karl Rove in connection with his activities involving the U.S. Chamber of Commerce in all Ohio elections since 2000.

Rove and Chamber attorneys, as well as the Ohio Attorney General’s office, claimed that there was no connection between Connell’s deposition and more recent activities involving Rove and the Chamber.

Connell’s attorney, James L. Ervin, represented Connell at the deposition and also represented Connell’s estate. He filed papers with the court asking for a 30-day extension of time to file a response to the court on December 27, 2010 regarding the opening of Connell’s deposition.

According to Ervin, “Mr. Connell’s deposition is comprised of questions, answers, and topics that are privileged and/or confidential and are reflected as such by being designated ‘sealed.'” No part of Connell’s deposition has of yet been made public.

Arnebeck told how Connell described what he did: “One, he integrated voter data files with the vote tabulation process in the Ohio Secretary of State’s office in the 2004 election and two, he broadened the accessibility to this information, including facilitating its appearance on a mirror site at the SmartTech offices in Chattanooga, Tennessee.”

“His testimony provided facts of a general nature. He did not, as suggested by his counsel, reveal or discuss anything that could be fairly described as a trade secret or an expert opinion,” Arnebeck asserted.

In the spring and summer prior to Connell’s deposition, contacts were made on behalf of Connell with both U.S. Representatives John Conyers and Dennis Kucinich in an attempt to have Connell testify before Congress regarding his role in the 2004 election.

Memorandum to U.S. Representative Dennis Kucinich [PDF]

Ervin’s motion before the court states: “During calendar year 2009, Mr. Connell’s businesses, New Media Communications and GovTech Solutions, came under new ownership, and Mr. Connell’s Estate was probated.”

These pleadings before the court may offer insight into who exactly owns Connell’s election computer businesses. Ervin’s motion states: “because the deposition transcript addresses issues that constituted privilege and/or proprietary matters, the new ownership of Connell’s former businesses may have an interest in the deposition transcripts and may be the owners of the transcript.”

Ervin concludes “Decisions must be made as to who owns Mr. Connell’s 2008 deposition transcript….” This same line of argument has been used to allow private vendors to use secret proprietary source code in election software.

In a democratic society, the people should own Connell’s deposition. Karl Rove should testify under oath about the electronic machinery Connell devised to link Ohio’s 2004 real-time vote count to an obscure company in Chattanooga, Tennessee. That company was SmarTech, which according to public records, was hosting a website that was operating out of the White House on that election night.

Says Arnebeck: “Mr. Connell’s testimony is important to the plaintiffs and the public because it reveals how those seeking to steal the 2004 Presidential election in the State of Ohio, led by Karl Rove, were better able to do so through the utilization of these integrated data files and more accessible tabulation processes. SmarTech was simultaneously serving the electronic data processes for the George W. Bush presidential campaign in that election.”

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Bob Fitrakis & Harvey Wasserman’s four books on election protection are at freepress.org, where this article was first published. Disclosure: Fitrakis serves as co-counsel with Arnebeck in the King-Lincoln case and was at Connell’s deposition.

Original article posted here:
https://freepress.org/departments/display/19/2011/4046

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Why Al Franken Should NOT Be Riding Private Planes

by Bob Fitrakis & Harvey Wasserman
December 23, 2008

The tragic and suspicious death of Karl Rove’s election thief in chief should send a clear message to Al Franken and other key liberals: don’t be riding in any small private planes.

Death by air crash now seems to be the favored means of ridding the Rovian right of troublesome characters.

The most recent is Michael Connell, who died Friday night when his private plane crashed near his northern Ohio home. Connell was the information techology whiz kid who helped Rove steal the 2000 and 2004 presidential elections, along with a few in between—possibly including the 2002 senatorial campaign in Minnesota that followed the death of Paul Wellstone.

Connell was an expert pilot whose plane crashed in clear weather. He held virtually all the secrets to how George W. Bush was illegally foisted on the American people—and the world—for eight horrifying years. By manipulating computerized results in Florida 2000 and Ohio 2004 Connell made history. By some accounts, he was about to tell the attorneys in the on-going King-Lincoln-Bronzeville federal civil rights lawsuit how he did it. He also approached expressed a willingness to appear under oath before Congress. But now he is dead.

Current cover stories include the possibility that his plane ran out of fuel. But its crash was accompanied by a very large fireball explosion that burned for more than ten minutes. A trooper on the scene immediately identified Connell, but newspaper accounts say his body was charred beyond recognition.

Connell told various sources that he was being threatened by Rove. He canceled at least two previous flights due to mechanical failure. A father of four, his decision to fly from a highly restricted airport in Maryland remains a mystery. Connell reportedly did contract work for security-industrial agencies, like the CIA. Connell also openly acknowledged that he was the first IT contractor to move his servers behind the firewall of the US House of Representatves where he oversaw the websites of the House Judiciary Committee, Intelligence Committee, Ways and Means Committee, and Administrative Committee, arguably the four most powerful committees in the House.

He now joins such critical players as Paul Wellstone, Mel Carnahan, Ron Brown, Mickey Leland, John Tower, John F. Kennedy, Jr., and many more critical public figures who have died in small plane crashes at questionable moments.

In all cases there are non-nefarious potential explanations for their deaths. Conspiracy theories can, indeed, be frivolous.

But so can their out-of-hand dismissal by coincidence theorists. Both Wellstone and Carnahan died two weeks before critical Senatorial elections they were favored to win in a divided Senate. In 2000, Carnahan’s Missouri seat was taken by his wife, who subsequently lost it.

Wellstone, the leading liberal light in the US Senate, had been personally threatened by Dick Cheney for opposing the Iraq war. Wellstone’s plane crashed under dubious circumstances, carrying himself, his wife and daughter. In an extremely questionable outcome, Norm Coleman got his seat.

Coleman was hand-picked by Karl Rove to run against Wellstone. His ensuing victory over stand-in candidate Walter Mondale was the highly unlikely outcome of a messy, manipulated election that coincided with equally dubious senatorial vote counts in Georgia and Colorado.

Al Franken may now be poised to take back the Wellstone seat for the Democratic Party. As an Air America talk host, he repeatedly mocked those who were investigating the theft of the 2004 election.

But he now owes the possibility of being elected to the diligent work of election protection activists who have fought all these years for fair, open and reliable vote counts. Had former Ohio Secretary of State J. Kenneth Blackwell been in charge of this year’s Minnesota election, Franken would not even be in the running.

Ironically, a brutal right-wing hate campaign is now being waged against Franken, charging him with election theft. Among other things, it claims he “went to Hollywood” for money to steal his way into the Senate.

Were it not for the deaths of so many others before him, such talk could be dismissed out of hand.

But under the circumstances, we would strongly urge Al Franken not to be flying in any small planes.

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Bob Fitrakis & Harvey Wasserman have co-authored four books on election protection, including HOW THE GOP STOLE AMERICA’S 2004 ELECTION…, and AS GOES OHIO, available at www.freepress.org, where this article was first published. They are attorney and plaintiff in the King-Lincoln civil rights lawsuit pursuing Michael Connell. This article originally appeared at https://freepress.org.

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Ohio 2008 Opens With A Subpoena, A Surge And Calls For Election Protection

by Bob Fitrakis & Harvey Wasserman
October 1, 2008

Ohio 2008 has opened with a surge of first-time voters and the subpoena of a shadowy Bush electronic operative who may have helped steal the White House, a subpoena that may be followed by one for Karl Rove.

The presidency could again be decided here by how well what’s left of the American democratic process can be protected. So election activists are asking concerned citizens everywhere to become registration volunteers, poll workers and judges, Video the Vote observers and to conduct post-election hearings with legal standing.

In-person balloting began Tuesday, September 30, as new Ohio voters registered and voted simultaneously. Thousands crammed into county facilities throughout the state. Set to continue until October 6, the innovation came by accident in an otherwise repressive piece of legislation foisted on the state by Republican legislators after the theft of the 2004 election.

The GOP has since sued to stop this simultaneous register-and-vote process, but lost 4-3 in the Republican-dominated Ohio Supreme Court. Thousands of new Buckeye voters have now surged into election centers, and may do so through October 6.

Election officials predict as many as a third of Ohio voters—around 2 million—will vote absentee this year. But the GOP now appears to be mailing to Democratic voters fake absentee ballots with bogus return addresses and features that could result in their being discarded. The Republicans are also using caging techniques, such as fake mailings, to eliminate likely Democratic voters from the registration rolls.

Democratic Secretary of State Jennifer Brunner has tried to make paper ballots available at every polling station for those who don’t trust electronic touchscreen machines. But GOP legislators intervened, claiming “cost problems,” and Brunner so far has limited availability to just a quarter of the potential demand. Pro-democracy activists are suing to make them universally available.

While that fight proceeds, Attorneys Bob Fitrakis and Cliff Arnebeck have subpoenaed IT specialist Michael Connell, a shadowy operative who managed the Bush-Cheney 2000 web site. Connell has a checkered history in highly partisan behind-the scenes information manipulation (https://freepress.org/columns/display/3/2008/1665).

In 2004, Connell was paid with state funds by GOP Secretary of State J. Kenneth Blackwell to shunt the Ohio vote count was shunted to the same basement in Chattanooga, Tennessee, which housed the servers for the Republican National Committee. In the wee morning hours of election day, vote counts mysteriously shifted from John Kerry to give George W. Bush his second term in the White House.

Connell has since been fingered by Stephen Spoonamore, a McCain supporter and GOP computer operative who has charged that Connell may have manipulated the Ohio 2004 vote count. As a Repubican insider, Spoonamore’s sworn testimony is being given legal credence by Federal Judge Algernon Marbley, who certified the subpoena against Connell.

Connell and the GOP are certain to continue fighting demands for public testimony. But as the case escalates, it becomes increasingly likely that Connell’s close associate, former White House advisor Karl Rove, could also be subpoenaed as part of the on-going King-Lincoln-Bronzeville civil rights lawsuit.

The final outcome of the case is not likely to be settled until long after the 2008 election. Amidst what is likely to be the largest voter turnout in US history, election protection activists are recruiting and training thousands of democracy advocates to register new voters and to check the registrations of those who may be knocked off the rolls without their knowledge. More than 300,000 Ohio voters were disenfranchised in the run-up to 2004, and at least 170,000 have since been eliminated in Franklin County alone. Many citizens who believe they are registered may not be.

Democracy advocates are also asking citizens throughout the nation to serve as poll workers, poll judges and Video-the-Vote observers, and to organize post-election pubic hearings. With thousands of new voters already surging to the polls, with millions of absentee ballots beginning to pour in, and with an energized electorate expected to overwhelm the precincts on November 4, the difference between what happened in 2004 and who next enters the White House will likely be determined by how well the 2008 electoral process can be protected.

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Bob Fitrakis & Harvey Wasserman have co-authored four books on election protection, including AS GOES OHIO, now at www.freepress.org, where they are publisher and senior editor. They are zattorney and plaintiff in the King-Lincoln-Bronzeville federal lawsuit.

Original link;
https://freepress.org/departments/display/19/2008/3214

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