March 04, 2005

Theft of 2004 Election

Lolita C. Baldor, Associated Press: A Halliburton Co. shipment of radioactive material went missing in October but the company didn't alert government authorities until this week, Nuclear Regulatory Commission officials said today. The material -- two sources of the element americium, used in oil well exploration -- was found intact Wednesday in Boston after an intense search by federal authorities. NRC and Halliburton officials say the public never was in danger.
The americium was being shipped from Russia to Houston, according to a report filed with the NRC by Halliburton. Rep. Edward Markey, D-Mass., a frequent critic of the NRC, said the incident highlights inadequate security measures covering radioactive materials. The americium is classified as having the potential to permanently injure a person who fails to handle it properly, he said.
Markey said the lag time in reporting the disappearance of dangerous materials leaves open the possibility they could fall into the hands of terrorists without the government's knowledge...
The NRC report indicates the material was trucked to Massachusetts after a Boston label was inadvertently placed on the package at the freight company's Newark, N.J., facility.
Homeland Security Department officials and the FBI began a search after the materials were reported missing. The americium was found at a freight facility in Boston.
When Halliburton reported the theft of radioactive material in Nigeria nearly two years ago, there were concerns that the material could be used in creating a so-called "dirty bomb."


William Rivers Pitt, www,truthout.org: In a filing today in the Ohio recount case in federal court in Columbus, Ohio, the Ohio Attorney General and Ohio Secretary of State asked a federal judge to allow them to take depositions of Senator John Kerry and former Senator John Edwards. Ohio Attorney General Jim Petro and Ohio Secretary of State J. Kenneth Blackwell urge the court to dismiss Kerry-Edwards as an intervening party in the recount case. They argue that they should have the right to place Kerry and Edwards under oath for questioning on the grounds that the 2004 presidential and vice-presidential candidates should no longer be allowed involvement in the case.
What is behind this court filing? Kerry-Edwards 2004 submitted key filings in this case last week which supported claims made by 2004 presidential candidates David Cobb and Michael Badnarik that the Ohio recount was not conducted in accordance with uniform standards, as is required by the equal protection and due process guarantees of the US Constitution. These claims have been pending before Federal District Court Judge Edmund Sargus in Columbus since December 30, 2004. Cobb and Badnarik, who are represented by the National Voting Rights Institute, have also recently filed a motion for a hearing on the pending matters before the court, which Kerry-Edwards supported in its papers submitted last week.

William Rivers Pitt, www.truthout.org: On February 14, Judge Sargus issued an order granting the motion to dismiss the Delaware County Board of Elections' complaint (which had sought to prevent the recount in that county) and asking for briefing in 15 days on the question of whether the case should be transferred to Judge Carr in Toledo (for the Northern District of Ohio) where a prior case seeking to expedite the recount had been filed in November 2004.
Yesterday, Cobb and Badnarik filed a statement on the transfer question.
Today, Kerry-Edwards filed a document in support of that statement. Most significant, Kerry-Edwards also filed today a separate document in support of the motion for hearing with two critical attachments: 1) a declaration from Kerry-Edwards attorney Don McTigue regarding a survey he conducted of Kerry-Edwards county recount coordinators; 2) a summary chart of the results of that survey (which highlight the inconsistent standards applied during the recount).

Halliburton's Lost Radioactive Material Found
By Lolita C. Baldor
Associated Press
Friday 11 February 2005
WASHINGTON -- A Halliburton Co. shipment of radioactive material went missing in October but the company didn't alert government authorities until this week, Nuclear Regulatory Commission officials said today. The material -- two sources of the element americium, used in oil well exploration -- was found intact Wednesday in Boston after an intense search by federal authorities. NRC and Halliburton officials say the public never was in danger.
The americium was being shipped from Russia to Houston, according to a report filed with the NRC by Halliburton.
NRC spokesman Neil Sheehan said Halliburton did not notify the agency about the missing material until Tuesday. Depending on the material, government rules require notification either immediately or within 30 days.
"The focus through today was on trying to find the material," Sheehan said. "We're going to be pressing them why the notification was not more timely."
Halliburton spokeswoman Wendy Hall blamed the company's shipper, saying it never alerted the Houston-based energy company that the material was missing until Tuesday. Halliburton then immediately contacted the NRC, she said.
She said Halliburton contacted the shipping company "multiple times" about the shipment and was told it was en route to Houston. She declined to identify the company on grounds that Halliburton did not want its shipments targeted.
Hall said the material was encased in a double-walled stainless steel cylinder, locked in a steel transport container designed to protect workers.
"All of this was found intact, and we have no information that leads us to believe that the public or environment were in danger," Hall said.
Rep. Edward Markey, D-Mass., a frequent critic of the NRC, said the incident highlights inadequate security measures covering radioactive materials. The americium is classified as having the potential to permanently injure a person who fails to handle it properly, he said.
Markey said the lag time in reporting the disappearance of dangerous materials leaves open the possibility they could fall into the hands of terrorists without the government's knowledge.
According to the NRC report, the americium was imported from Russia by Halliburton Energy Services. The shipment went through Amsterdam, Netherlands, to John F. Kennedy Airport in New York on Oct. 9.
The NRC report indicates the material was trucked to Massachusetts after a Boston label was inadvertently placed on the package at the freight company's Newark, N.J., facility.
Homeland Security Department officials and the FBI began a search after the materials were reported missing. The americium was found at a freight facility in Boston.
When Halliburton reported the theft of radioactive material in Nigeria nearly two years ago, there were concerns that the material could be used in creating a so-called "dirty bomb."
Nigerian officials accused the Houston-based company of negligence in the matter.
---
http://www.truthout.org/docs_2005/021105G.shtml

BREAKING: Blackwell Seeks Depositions of Kerry and Edwards
By WilliamPitt,
Tue Mar 1st, 2005 at 03:38:14 PM EST :: Voter Rights ::
OHIO ATTORNEY GENERAL AND SECRETARY OF STATE SEEK TO TAKE DEPOSITIONS OF SENATOR KERRY AND FORMER SENATOR EDWARDS IN OHIO RECOUNT CASE

In a filing today in the Ohio recount case in federal court in Columbus, Ohio, the Ohio Attorney General and Ohio Secretary of State asked a federal judge to allow them to take depositions of Senator John Kerry and former Senator John Edwards. Ohio Attorney General Jim Petro and Ohio Secretary of State J. Kenneth Blackwell urge the court to dismiss Kerry-Edwards as an intervening party in the recount case. They argue that they should have the right to place Kerry and Edwards under oath for questioning on the grounds that the 2004 presidential and vice-presidential candidates should no longer be allowed involvement in the case.

What is behind this court filing? Kerry-Edwards 2004 submitted key filings in this case last week which supported claims made by 2004 presidential candidates David Cobb and Michael Badnarik that the Ohio recount was not conducted in accordance with uniform standards, as is required by the equal protection and due process guarantees of the US Constitution. These claims have been pending before Federal District Court Judge Edmund Sargus in Columbus since December 30, 2004. Cobb and Badnarik, who are represented by the National Voting Rights Institute, have also recently filed a motion for a hearing on the pending matters before the court, which Kerry-Edwards supported in its papers submitted last week.

Ohio Attorney General Petro and Secretary of State Blackwell are now clearly trying to remove Kerry-Edwards from this case either via a court order or, if that fails, via the threat of taking the depositions of Kerry and Edwards. On December 3, against Petro and Blackwell’s objections, Judge Sargus allowed the Kerry-Edwards’ motion to intervene in this case. Since that date, neither Petro nor Blackwell has sought to remove Kerry-Edwards from this case. Their effort to do so now should be rejected by the court and Kerry and Edwards should show that they refuse to be intimidated by these threats.

http://forum.truthout.org/blog/story/2005/3/1/153814/3859

Kerry/Edwards File More Ohio Election Motions
By WilliamPitt,
Thu Feb 24th, 2005 at 06:32:43 PM EST :: Voter Rights ::
Kerry-Edwards 2004 has just made two filings in the Ohio recount case currently pending before Federal Judge Edmund Sargus in Columbus, Ohio.

Kerry-Edwards 2004 has been relatively quiet in this case for the past several weeks and its filings today indicate its continued interest and involvement in this litigation.

In December 2004, presidential candidates David Cobb and Michael Badnarik filed extensive documentation with the court demonstrating that the recount they had requested in Ohio of the 2004 presidential vote had been conducted with inconsistent standards throughout the state, in violation of the equal protection and due process guarantees under the US Constitution (see Bush v. Gore).

Cobb and Badnarik filed amended counterclaims seeking a new recount to be conducted with uniform standards, in accordance with the US Constitution. (As an example, 97% of the ballots have yet to be counted by hand in Ohio and, more than often, the 3% of the vote that each county counted by hand was not randomly selected, as required by Secretary of State J. Kenneth Blackwell's own guidelines) To access the amended counterclaims, see this document (Adobe required).

In addition, in December, Cobb and Badnarik filed a motion to preserve all ballots and machinery connected to the 2004 presidential election and to take limited expedited discovery to investigate the Triad voting machine company's tampering with the recount. To access the memorandum in support of this motion, see this document (Adobe required).

The amended counterclaims and these motions are pending before Judge Sargus.

On February 11, 2005, Cobb and Badnarik filed a motion for a hearing before Judge Sargus on these pending matters.

On February 14, Judge Sargus issued an order granting the motion to dismiss the Delaware County Board of Elections' complaint (which had sought to prevent the recount in that county) and asking for briefing in 15 days on the question of whether the case should be transferred to Judge Carr in Toledo (for the Northern District of Ohio) where a prior case seeking to expedite the recount had been filed in November 2004.

Yesterday, Cobb and Badnarik filed a statement on the transfer question.

Today, Kerry-Edwards filed a document in support of that statement. Most significant, Kerry-Edwards also filed today a separate document in support of the motion for hearing with two critical attachments: 1) a declaration from Kerry-Edwards attorney Don McTigue regarding a survey he conducted of Kerry-Edwards county recount coordinators; 2) a summary chart of the results of that survey (which highlight the inconsistent standards applied during the recount).

The five documents filed by Kerry/Edwards are here, here, here, here, and here. Adobe is required for all of them.
http://forum.truthout.org/blog/story/2005/2/24/183243/756

Posted by richard at March 4, 2005 01:07 PM