We talked yesterday about how Ohio Secretary of State Husted has decided he’ll take his sweet time complying with a court order:
Here’s Obama for America’s response to Husted’s directive:
In its August 31, 2012 decision, this Court ordered “that in-person early voting IS
RESTORED on the three days immediately preceding Election Day for all eligible Ohio voters”, specifically listing Saturday, November 3, 2012, Sunday, November 4, 2012, and Monday, November 5, 2012 as days that are to be restored. The Court further anticipated that Defendant Husted would direct all Ohio elections boards to maintain a “specific, consistent schedule on those three days.”
Notwithstanding the Court’s injunction, on September 4, 2012, Defendant Husted issued a directive that provides that no hours will be established until after a decision on the Defendants’ appeal of the Court’s order, because “the constitutionality of the statute setting inperson absentee voting hours is still subject to court review and it would [ ] confuse voters to set hours now that the court may change later.” The directive further “strictly prohibits county boards of elections from determining hours for the Friday, Saturday, Sunday, or Monday before the election.” Having sought no stay, either in this Court or the Court of Appeals, the State appears to believe it can issue one on its own authority.
And here’s the Court, late yesterday:
Motion Hearing set for 9/13/2012 @ 10:00 AM before Senior Judge Peter C Economus. The Court ORDERS that Defendant Secretary of State Jon Husted personally attend the hearing. (jr1)
BGinCHI
“Led away in shackles.”
/fingers crossed
Steve
That’s, um, not a common thing for a court to do.
dr. bloor
Oh dear. Looks like it’s about to be Jonny’s Terrible, Horrible, No Good, Very Bad Day.
James Hare
I hope the judge rips him a new one. You don’t personally decide to stay a court’s judgment. You apply for a stay and abide by the ruling. I hope the judge holds him in contempt.
Bulworth
Damned activist judges! //
Ash Can
I saw that yesterday and immediately imagined someone being summoned to the principal’s office, with parents being called in as well.
wenchacha
Freakin’ sweet.
MattF
IANAL, but defying a Federal judge’s order strikes me as a bad idea. A very bad idea.
quannlace
Just like you don’t mess with nuns, you don’t piss off a judge.
Nina
There’s going to be compliance or there’s going to be a perp walk. And what do you think a perp walk would do to an ambitious Attorney General’s future political career?
taylormattd
It’s unclear to me why these people think they can fuck with a federal court judge. That’s nuts.
dp
Hoo boy. Get to court early that day for a good seat!
Linda Featheringill
Husted had to know that his move was illegal. Everybody knows that you have to obey a court’s ruling. Did he think that this directive would remain a secret?
How could he be so dumb? That’s the kind of numskull action we associate with poor white trash. What’s his excuse?
Rathskeller
What a delightful bit of news to start off the day. Preparing my metaphorical popcorn for later…
dr. bloor
@Linda Featheringill:
Never underestimate the capacity for arrogance to squash intellect.
taylormattd
@James Hare: I have a feeling the judge is going to swear him in, ask him some questions about his purpose and plans, and then declare he doesn’t find his answers credible.
feebog
As I said in yesterday’s thread on this subject:
Fucking justice system, how does it work?
jharp
Any chance his ass gets thrown in jail?
quannlace
I think he might have thought he could weasel through with a ‘I’m not flouting the court order, I’m just not gonna set voting hours cause the case could get overtured and we don’t want to confuse those dumb voters out there..”.
jibeaux
If he knows what’s good for him, he’ll get those hours reinstated before this hearing so he can appear hat in hand and humbly say that the motion is moot. Something tells me that may not happen with this genius.
EconWatcher
I’m glad Husted pulled this stunt, because it makes it less likely that the district judge will be reversed on appeal, even if there is a wingnut panel.
All federal judges are jealous of the power of the judiciary, and don’t care for this stuff at all. In the end, they know they don’t control taxing or spending or armies or police forces.
All they can do is issue orders. If people feel free to disregard them, then federal judges have nothing and are nothing. Even wingnut judges will not want to reward the likes of Husted.
burnspbesq
@jharp:
A chance, but I think it’s more likely that the judge will give him two or three days to issue a new directive that will purge his contempt. If he doesn’t comply with that order, then he will be spending time in a lockup until he does.
I’m not ruling out the possibility that he will choose not to comply. He may be just crazy enough to decide that martyrdom for the cause is a viable option.
rumpole
@jharp:
None whatsoever. Their best hope is to bait the judge into making a mistake by being so pissed off that they can go to the appellate court and say that he’s biased, or that he’s mad at them and it colored his judgment so that they should issue a stay until after the election. Odds are what will happen is that he’ll demand an explanation from counsel, lecture counsel with his client in the room, and -then-make it clear what his expectations are directly to Husted. If Husted persists, then contempt is more likely.
Won’t be a fun day for Husted’s lawyer.
Mnemosyne
@Nina:
Actually, he’ll have a great future ahead of him on Fox News as the brave attorney general who stood up to Obama’s thugs to defend voting rights for members of the military.
You think I’m kidding, but he’s writing the press release right now. He’ll be set up with wingnut welfare for life.
Brian R.
Called to the principal’s office. Fitting, given that Husted seems to have the smarts of a third-grader.
pseudonymous in nc
I think his best bet is to plead dumbitude, which isn’t that great on the record of a
state Attorney GeneralSecretary of State, but probably not the sort of thing that disqualifies him from higher office on the GOP ticket.Mino
Exactly. Anybody remember Tom Delay got to choose his judge here in Texas?
The Moar You Know
I will bet that this dimbulb:
1. Does not change the hours between now and his court hearing.
2. Does not show, having his lawyer explain that he’s busy doing something really important.
His one object in all this is to piss the judge off enough that he can have an argument to get it transferred to a venue more to his liking. He’ll risk the bench warrant, he thinks he won’t actually have to go to jail.
He’s probably right.
Frankensteinbeck
@EconWatcher:
This is what I want to know. Does this insult carry over? Are other judges – particularly the appeals judge – likely to be just as pissed off that the authority of the judicial system is being disrespected here?
Linda
@Nina:
A perp walk under such circumstances would bring a martyr’s status amongst the right. So he could get nominated to anything, and if the voters are pissed off at Dem’s/comatose, he could ride that to some office.
OTOH, what are the Repubs thinking? All the black faces on podiums at every convention from now till doomsday will not erase the knowledge of African-Americans all over this state that they just don’t want Blacks to vote. Period. How long do you think THAT will take to forget? They are desperately eating all the corn seed they can put away.
JG
I hope he doesn’t show up and the judge makes everyone else wait while marshalls go pick him up at whatever “important event” conflicted with the hearing.
Chris
@Mnemosyne:
This.
Wingnut welfare is their Mafia. As long as you stay loyal, there’s always a place for you somewhere.
NonyNony
@Nina:
As an Ohio Republican? Who takes the perp walk because he’s “defending The Troops right to vote that Obama and liberal activist judges wanted to take away”? Probably put him in line for the governor’s office, if not a run for the Senate.
EconWatcher
@Frankensteinbeck:
In my opinion, yes. But wingnuts in all walks of life–including the courts–seem to be getting wingnuttier lately, so I wouldn’t bet my life on it.
ericblair
So, do state officials blow off federal judges from time to time or is this really unprecedented? I’m wondering whether this judge is thinking “wow, this guy is an asshole”, or more seriously, “I’m not letting the 1850’s start over again on my watch.”
gwangung
Has that been forgotten in the South? Cause it looks like the exact same thing as the civil rights movement in the South to me…
BruceK
The SOS may have bet the farm on ambiguous wording – the initial decision said that the judge “expects” the SOS to set up the timetables, not “orders” the SOS to do so – and might have prepared an argument for his lawyers to put forth, something on the order of: “Well, Your Honor, setting up the timetables won’t take long, and having to do it twice is confusing, so we figured we’d just wait until the Court of Appeals made its decision.”
Now, that’s a hyper-legalistic interpretation, and I’m guessing here. As a lawyer, though, I remember we got taught early on that the one thing you do not want to do in motion practice is piss off the judge.
I’ll bet that the bailiffs will have a cell ready, and Judge Economus will walk into that hearing with a bench warrant form hot off the printer, just in case.
Felinious Wench
@ericblair:
Brown vs. Board of Education, Little Rock. Federal troops in to integrate the schools because the state would not comply.
This is not a Supreme Court ruling, but federal courts have the full power of the, well, federal government behind them.
Geoduck
Add me to those who think he won’t even show up for the hearing.
Maude
@ericblair:
The judge’s order was not followed. That’s all.
Sept 13th song: I Fought the Law and the Law Won.
Rathskeller
@Geoduck: I am dumbstruck by the idea of someone ignoring a federal court order that personally names them. Is this really possible? They don’t even make them that dumb on Court TV.
grandpa john
Well I am certainly not a lawyer, but it would seem to me that a failure to follow a judicial directive, would be ground for having the election results thrown out and a new election ordered. if the dems wanted to
FormerSwingVoter
@Geoduck:
First, IANAL. But given the tone of the court order, that would almost definitely result in an arrest warrant.
I’m not saying you’re wrong. But if he doesn’t show, Husted gets to spend a night in jail.
TenguPhule
Laws are for little people, not the Masters of the Universe(tm).
Walker
Is this a disbarment offense? Please let it be a disbarment offense.
burnspbesq
@Walker:
Ohio follows the ABA Model Rules. Your best argument is that his conduct violates Rule 3.5(a)(6) (a lawyer shall not “engage in undignified or discourteous conduct that is degrading to a tribunal.”) Disbarment for a first-time offense? Not bloody likely, alas.
Maude
@burnspbesq:
Tar and feathers?
burnspbesq
@Maude:
I’m sure I can find a couple of old pillows to contribute to the cause.
Maude
@burnspbesq:
Got a bucket of tar right here. Meet you at court.
Kay will find a rail.
300baud
There are few things so pleasing to me as when a judge feels required to visibly notice that a jackass is being a jackass and to chop them down to size.
I have only seen it once in person, but to my dying day I will remember the glee at seeing a judge deliver a thoughtful, careful, and conspicuously fair decision. And then pause about two seconds, turn fractionally to address plaintiff’s counsel, and in proper legal language ask what the hell this case was doing in his courtroom when it was such an obvious piece of shit.
It was like watching an avalanche: perfectly cold, beautiful, awe inspiring, and something you sure as fuck don’t want to be under.
So I’m making popcorn for this one.
RareSanity
It’s in posts like these that I really appreciate that there are lawyers hanging around, to help us laypersons make sense of legal subjects.
I only know for sure that burnspbesq is a lawyer, but I think EconWatcher is too…thanks guys! If there are other lawyers that have commented, thank you too!
shortstop
Lawlessness in the defense of suppressing black voters is no vice!
Steve
@burnspbesq: Another reason he’s unlikely to be disbarred is that he’s not a lawyer.
asiangrrlMN
Fuck. Yeah. It’s on, motherfucker. I was wondering about jail, too, but I would be (marginally) content with just getting the damn hours reinstated.
kc
Oohhh, someone’s in trooouble …
burnspbesq
@Steve:
Well, if he can’t be disbarred, let’s keelhaul his ass.
PaulW
What are the odds of the judge holding Husted in contempt right off the bat?
priscianusjr
@grandpa john:
shoutingattherain
Two words: frog marched.
danielx
Wonder how many US marshals will show up to grab Husted if he fails to appear….and how many news cameras.
lol
@PaulW:
I’m guessing he gets one chance to explain himself that more or less amounts to “I apologize for misunderstanding your decision and we’ve already started setting the hours as you directed”.
And if that’s not what the judge hears, he goes to a cell until the SOS office finishes complying with his order.
West of the Rockies (formerly Frank W.)
Someone’s gonna get a spanking….
Hob
Husted has no legal background, and what I’ve read about his career makes him seem like a political operative plain and simple, of no particular intelligence. I wouldn’t be surprised if he really didn’t understand what a stay is and thought he could do this.
Phoenician in a time of Romans
@jharp:
Hell, if I was the judge, I’d be enquiring as to whether the courthouse has a cell that can fit in a desk, a phoneline, and a computer with Internet connection, and making Husted move himself into that cell until every county board was in compliance.
Catsy
@300baud: I love seeing judges call bullshit on the deserving.
I have a crazy ex-wife. No, really: certifiable and dangerous. We used to have mutual no contact orders in place, and she spent a number of years doing her best to illegitimately use the law as a weapon against me–sadly, with some success, as she was *very* good at lying to cops and judges.
So a few months ago, after nearly a blissful decade of not hearing from her, I got a knock at the door from a police officer serving me with a temporary restraining order and a summons to appear in court. And on this order, in her handwriting, was the most astonishing collection of demonstrable lies–that I had weapons and had used them against her (I never did), that I was in drug rehab (I never was), and such on. And the crown jewel of her claims against me was that six months prior I had “falsely” accused her of breaking a (now-nonexistent) no contact order, which resulted in her getting hauled off to jail for an ancient bench warrant.
After a considerable amount of reading between the lines, I figured out what had happened. Back in 1999 I did indeed file a police report accusing her (truthfully) of breaking the no contact order then in place. The judge issued a bench warrant, and it wasn’t until late last year that she happened to be in traffic court and the warrant came up. She assumed that this was some kind of recent attempt to inject myself into her life and screw her over, when it was nothing more than her own 12-year-old crime coming back to bite her in the ass.
So the day of the court date comes, and I have this lovely statement that I’ve drafted, refuting each of her silly lies and calling attention to the fact that her justification for seeking this order is her own arrest for a crime she committed and I reported more than ten years prior. It ended up being unnecessary: the judge had clearly reviewed her statements, and gave her a dressing-down for wasting the court’s time with this.
Seeing someone in the justice system finally call her on her bullshit was worth taking the day off work.
John M. Burt
Thought #1: “Mister Husted, who the Hell do you think I am, Orly Taitz?”
Thought #2: Wait, he’s called Attorney General but he isn’t actually even an Attorney Second Lieutenant? Another case made for technocracy, at least in certain posts.
Steve
@John M. Burt: Secretary of State. Former Senator Mike DeWine is the Attorney General.