A spokesman for the Green Party's 2004 presidential campaign, which initiated the Ohio recount, today blasted the suggestion by Ohio's Republican Secretary of State J. Kenneth Blackwell that he would need to take depositions from John Kerry and John Edwards as part of the Ohio recount litigation.
"Mr. Blackwell's contention that he needs to depose Senators Kerry and Edwards is a laughable and blatantly political move. Mr. Blackwell has refused to be deposed himself about the Ohio election, has refused to appear before Congress and has refused to answer questions from members of the House Judiciary Committee who have been investigating allegations of election fraud. To suggest that Kerry and Edwards should be deposed to address a legal technicality while Mr. Blackwell continues to avoid any public scrutiny of his own misconduct in the Ohio election is the height of hypocrisy," said Blair Bobier, Media Director for the 2004 Cobb-LaMarche campaign.
The report by the House Judiciary Committee's Democratic staff on the Ohio election and recount states that "there were massive and unprecedented voter irregularities and anomalies in Ohio. In many cases these irregularities were caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell, the co-chair of the Bush-Cheney campaign in Ohio."
Blackwell's intention to depose Kerry and Edwards was made known by Ohio Attorney General Jim Petro in the latest round of legal filings concerning the Ohio recount. In February, Federal Judge Edmund Sargus in Columbus asked the parties in the Ohio recount case to submit filings to his court addressing whether the litigation should be transferred and consolidated with a Toledo case brought last November seeking to expedite the start of the recount. Blackwell's filing was in response to that request.
Attorneys for Green Party presidential candidate David Cobb and Libertarian Party presidential candidate Michael Badnarik, who jointly requested the Ohio recount, have already filed their response to the Judge's question. Kerry and Edwards, through their Ohio attorney, filed a one sentence statement with the Judge supporting the Cobb and Badnarik position. Kerry's lawyer also filed a short, two page summary charting inconsistencies observed by Democratic Party witnesses to the recount.
The matter is pending in the Eastern Division of the United States District Court for the Southern District of Ohio, before Judge Sargus.