Jon Husted is an unbelievable embarrassment

by Cleveland Frowns on November 9, 2012

To Ohio, to the United States and to humanity. If it wasn’t bad enough that the Republican Party has been so successful in replacing the vote with the dollar as the fundamental unit of democracy in this country, Ohio’s Secretary of State Jon Husted has abandoned all pretenses in his efforts to leverage his elected office to just do away with the whole voting thing altogether. This account in The Atlantic of recent legal proceedings surrounding Husted’s last ditch attempt to disenfranchise Ohio voters is just unreal.

In sum, at 7PM last Friday, Husted issued a directive to Ohio election workers that was in direct violation of a consent decree regarding the standards for provisional ballots that had been agreed by all parties and affirmed by U.S. District Judge Algenon Marbley just two days earlier. Husted’s order purported to require election workers to invalidate a category of ballots that the Court had already declared to be valid per the decree, and it did so without any discernible legal justification. At a Wednesday hearing on the validity of this directive, one especially pointed exchange between Judge Marbley and Arnold Epstein, the state attorney representing Husted, went as follows:

THE COURT: Mr. Epstein.

Mr. Epstein, would you agree that voting is the linchpin of our democracy?

MR. EPSTEIN: Yes, Your Honor.

THE COURT: I do too. What concerned me about the 2012-54 directive is that it was filed on a Friday night at 7 p.m. The first thought that came to mind was democracy dies in the dark. So, when you do things like that that seeks to avoid transparency, it appears, then that gives me great pause but even greater concern.

You’ll see from the linked hearing transcript that Epstein has a really hard time explaining the legal basis for Husted’s directive, which is because this is Third World stuff. And probably exactly what anyone might have expected from a politician who was elected as a direct result of a movement that’s most charitably described as White America’s Inconvenience Tantrum.

Anyway, folks of all shapes, colors and political stripe should be horrified by the idea of any government official using his office to attack his own constituency’s right to vote like this.

Ohio law calls for the impeachment of any public official “who willfully and flagrantly exercises authority or power not authorized by law,” which looks like exactly what’s happened here in which case Husted should be put on the street yesterday.

Thanks to Cleveland attorney Subodh Chandra and others who’ve taken up the cause for the plaintiffs.

In other news, there’s a quote of the day and it’s from the Plain Dealer’s Mary Kay Cabot

“Part of [Browns quarterback Brandon] Weeden’s frustration stems from the fact that he’s darned if he does and darned if he doesn’t. He has been ripped for throwing interceptions — and blasted for checking it down in the red zone against the Ravens, where the Browns settled for five field goals.

* * *

“Shurmur said Weeden hasn’t lost any confidence and that he’s good at admitting his mistakes. He also said he will also edit the playbook and focus on the things Weeden does well. In the meantime, Weeden will head back to Oklahoma, where he will spend time with family and maybe get in a few rounds of golf.

“‘Seventy-five and sunny, baby,’ he said.

“Just warm enough to evaporate the frustration.”

Darn it, guys. If you’re going to rip Weeds for throwing picks, what else is he supposed to do but throw short? A little golf and sunshine will take care of this.

Which is all for this week other than condolences to Mike Brown and Byron Scott. Hope everyone enjoys the bye weekend as much as Weeds. We’ll check back in next week if anything important happens.

  • http://www.waitingfornextyear.com Craig Lyndall

    I read the transcript last night and was embarrassed for Epstein despite how nice the judge was about not blaming him for the defense he was forced to present. I’d give a couple bucks to have been in the bar after the fact to hear what Epstein’s inner monologue was like. I’m thinking his brain was infiltrated with F bombs for his boss.

    • nj0

      Really. Talk about taking one for the team.

  • Bernietocatcherguy

    I’m not a lawyer, nor one who understands voting rights. What exactly was Husted trying to accomplish? How does having a voter fill out information instead of a poll worker disenfranchise voters? It seems shady by the way it is being handled by Husted’s office, but I don’t know why. Please explain.

    • http://www.clevelandfrowns.com/ Cleveland Frowns

      The consent decree: (1) acknowledged that poll workers were required to record identification information offered by a voter and (2) made Ohio responsible, and thus the ballot otherwise valid, if any poll workers made errors while collecting or transcribing that information.

      Husted’s directive absolved the poll workers of the responsibility to complete the forms, and instructed local election officials to reject [i.e., disenfranchise] any ballots where the information was mistakenly recorded despite that it was the state’s repsonsibility to correctly record the information.

      • Bernietocatcherguy

        …let me see if I can flesh this out. The government exists as a representation of the people to serve in the capacity the people want it to and by disenfranchising the very people who direct it, the governernment then escapes accountabitilty which could snowball into something beyond the will of the people’s ability to restrain or change…? Is this the worry? Stupid Husted…another person I’ll make sure to vote against come next election time

      • Bernietocatcherguy

        I think I get it…basically the end effect being the government becoming unaccountable to the very people it owes it’s existence to. So, what must happen for an impeachment to occur?

      • actovegin1armstrong

        I am not a lawyer, but I play one on television and I agree with you Frownie.

        • Believelander

          Do you actually play a lawyer on television?

          • bupalos
          • actovegin1armstrong

            Funny stuff Bupa, I bear a striking resemblance to that cave man. That is why my favorite football coach used to call me “third from the left”.

          • actovegin1armstrong

            No, that is a line from an old Robert Urich commercial, he was a cheesy 70′s actor and Slovak guy from Cleveland.
            He would start giving medical advice and then say, “I am not a doctor, but I play one on television.”
            My apologies for yet another feeble attempt at humor.

  • nj0

    The Court (to Epstein): You have talked and I still don’t get it.

  • vespo09

    Simmons on Grantland: Pat Shurmur, the only coach who can swing from “embarrassingly conservative” to “unfathomably reckless” during a 15-minute span of the same game.

    I wish I disagreed.

  • Mencken

    I applaud your taking time out to shine a light on this travesty. Vampires do their dirty work in the dark…. Husted may not be a bat, but he’s one of Kasich’s most dependable Flying Monkeys.

    • actovegin1armstrong

      I absolutely love your name!

      Good ol’ H. L. is one of my heroes.
      But please, do not mention the Flying Monkeys, they still scare me.

    • maxfnmloans

      it is very well known the disdain that the Governor has for Mr. Husted. He is not acting at the Governor’s direction.

      You know, spreading falsehoods is wrong, no matter who you root for. Misinformation certainly does not make things better. We all need to stop blaming the other guy, realize we are all on the same team, and work together.

      Spreading more lies isn’t helping anyone. Kindergarten taught me that if you are not part of the solution, then you are part of the problem.

      (For the record, I am not affiliated with ANY political party, and while I did vote in this past election, I didn’t vote for Mitt or Barack. I’m only interested in people who help get things done. And if you check the record, things are improving in Ohio.. Nobody’s perfect, but given the system we currently have, sometimes “better than the other guy” is good enough. If you want to talk about rebooting the Government and starting over with a streamlined bureaucracy, I’m all ears. Personally, I think the 2 party system is helping destroy America, and it is bought and paid for by corporations that try and use the Bill of Rights to justify their negligence)

      I apologize for going on a tangent. I just cant take any more of the “blame the other guy” philosophy anymore. It certainly doesn’t help things. What Mr. Husted is doing is wrong, but he was ELECTED, not appointed. And, if you knew anything about Ohio politics, you might know that the Governor will not be running any “Save Jon Husted” campaigns, should Mr. Husted be impeached (which I am all for).

      • http://www.clevelandfrowns.com/ Cleveland Frowns

        “[W]hile I did vote in this past election, I didn’t vote for Mitt or Barack.”

        That’s as good as not voting, then. Anyway, has Kasich spoken out against Husted’s voter suppression efforts? If so, I missed it.

        • Ron

          I disagree that voting to attempt to break up the two party duopoly in the country is as good as not voting.

          Voting for the lesser of two evils is not a real choice.

          • bupalos

            Well then there pretty much has never been a real choice in the entire history of politics. Might one inquire as to which candidate you feel escapes this lesser evil gravity?

          • Ron

            I voted for Gary Johnson. He had an impressive fiscal record as Governor of New Mexico, supports marriage equality, and opposes renewal of the Patriot act and any limiting of our civil liberties. I also prefer his stances on foreign policy and health care.

            Re my vote being meaningless: if Johnson had managed to get 5% of the vote, that would’ve ensured that the Libertarian party would receive federal matching campaign funds, inclusion in the debates, and full ballot access. That’s hardly meaningless.

            He had $3 million in campaign funds to work with (compared to about a billion each for Obama and Romney) and had to spend 2/3rd of that fighting off ballot access challenges from the Republicans. Despite all that, he still managed to get 1.2 million votes.

          • http://www.clevelandfrowns.com/ Cleveland Frowns

            Yeah, I didn’t think about the matching campaign funds and inclusion in the debates part. That’s not meaningless. Though the matching funds are relatively insignificant, no? He still wouldn’t have had anything close to a billion, right?

          • bupalos

            He certainly seems like the sanest of the libertarians that have been on offer. While to my taste he does still have some of the odd money-supply and laissez-faire prejudices that infect the species homo-libertus generally–and the same basic misunderstanding about the nature of property rights–he also seems like a pragmatist that could figure out exactly how much of his platform is actually plausible or desirable in the real world. Which is about 38.27%. And 94.3% of that portion is either included in the democratic platform or on it’s way there.

          • maxfnmloans

            i too voted for Gary Johnson, for many of the same reasons you noted. If only he had hit 5%

          • http://www.clevelandfrowns.com/ Cleveland Frowns

            The point is that if you cast a vote for anyone but Obama or Romney your vote was completely meaningless. I appreciate the insurrectionist position but the only thing to do in an election like this is cast a vote for one of the two realistic choices who you think will get you closer to the changes you prefer.

        • Beeej

          I really wish Jill Stein would have gotten more press. She actually comes across as caring about America, Americans, our health, our environment, and wanting to give the middle finger to corporate interests that are writing policy on both sides of the aisle. For more check out: http://www.treehugger.com/environmental-policy/will-we-vote-values-or-fears-treehugger-green-party-presidentila-candidate-jill-stein-interview.html

  • Mencken

    There are issues that Kasich and Husted clash on and to my mind some
    of them are petty. No matter, when it comes to Husted’s antics ,
    did Kasich do anything to deter him? And if Husted is not taking direction
    from the Governor’s office , who then is he reporting to?

  • Peter@petermarkosinsurance,com

    BC over ND

    Pats over Bills

    TB over SD
    The Bucs can score. This is the first time in franchise history that the offense is the backbone of the team. Vincent Jackson has transformed this offense. Mike Willimas has space, The running game has space. Josh Freeman looks like a rising star again. The Chargers cant score at Mons Venus. Enough said.

    SF over STL

    SEA over NYJ
    MIA over TEN

    • https://twitter.com/jimkanicki jimkanicki

      gonna drop dolphins off this in lieu of all-play. kk?

  • Mencken

    I used to work at the Statehouse when I was young buck and if I learned anything down there , it was rumors are currency and if you have group of more than three people, you have at least two factions. Now it’s entirely possible that I understated the love lost between Husted and Kasich. I’ll admit to that. But I don’t have to make up reasons to dislike Kasich. I do know when it comes to elections, same party politicians will pull together to achieve the desired result. They can return to going Chuck Norris on each other starting Wednesday. In fact the Republicans already have. Husted is Kasich’s most potent potential challenger, and that in itself will generate a lot of friction that magazines like Columbus Monthly will lap up, spice up, and regurgitate to their readers.
    It’s pretty hard to know the truth, but I know complicity when I see it.

Previous post:

Next post: