King Lincoln Bronzeville Neighborhood Association et al v. J. Kenneth Blackwell et al

Filing 111

RESPONSE to Motion re 110 MOTION for Status Conference filed by Plaintiffs Willis Brown, Miles Curtiss, Paul Gregory, King Lincoln Bronzeville Neighborhood Association, League of Young Voters/Columbus, Ohio Voter Rights Alliance for Democracy, Matthew Segal & Harvey Wasserman. (Attachments: # 1 Exhibit Attachment 1 Wash Post, # 2 Exhibit Attachment 2 NYT) (Arnebeck, Clifford) Modified on 2/28/2011 to add doc link (kk2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION

KING LINCOLN BROWNSVILLE
NEIGHBORHOOD ASSOCIATION, ET AL.
CASE NO. 2:06-CV-00745
PLAINTIFFS,
v.

JUDGE MARBLEY
MAGISTRATE JUDGE KEMP

OHIO SECRETARY OF STATE
JENNIFER BRUNNER, ET AL.

PLAINTIFFS' RESPONSE TO DEFENDANT OHIO SECRETARY OF STATE JOHN
HUSTED’S PROPOSAL THAT THE COURT SCHEDULE A STATUS CONFERENCE
IN THIS CASE

Ohio Secretary of State John Husted's motion to schedule a status conference in this case is
premature. Outstanding discovery now sought by the plaintiffs, with the agreement of his
predecessor Secretary of State Jennifer Brunner, should be allowed to go forward and be completed
before any status conference is scheduled by the court.

Recent public disclosures of e-mails of HBGary-Federal have revealed a proposed private
counterintelligence program, to be funded at $2 million, against critics of the United States Chamber
of Commerce.1 The timing of this covert dirty tricks campaign against the Chamber’s critics tracks
1

See Attachment 1 and 2 hereto: stories from the Washington Post and New York Times
respectively. Plaintiffs’ trial counsel litigated from 2000-2005 against the Ohio Chamber on
behalf of the Alliance for Democracy and, as Chairman of the Legal Affairs Committee of the
Board of Directors of Common Cause/Ohio managed that group’s companion litigation against
the U.S. Chamber of Commerce. In 2007 Plaintiffs’ trial counsel issued a document hold notice
to the Ohio Chamber under the Ohio Corrupt Practices Act, and on July 17, 2008 issued such
1

with Plaintiffs’ efforts under the Civil Rules of Procedure to bring to light information about the
Chamber’s secret financing of public elections in Ohio.

A similar private counterintelligence project was reported in some detail by an informant to the
Federal Bureau of Investigation for termination of Michael Connell, the key witness identified by
plaintiffs’ counsel against Karl Rove.2 Plaintiffs’ strategic discovery against the Ohio Chamber and
U.S. Chamber of Commerce and the deposition of Karl Rove should lead to evidence relevant to the
ongoing civil rights conspiracy alleged by the plaintiffs.3

Furthermore, the exit poll evidence of a “red shift” in the 2010 election cycle is now being carefully
analyzed by a team of experts. The 2010 red shift affected a broader cross-section of races
important for control of state governments and the Congress over the next decade.

In Ohio, for example, Governor Strickland won by 5.4 points according to the exit polls. While
down-ticket races are not exit-polled, the exit poll discrepancy in the U.S. Senate race of

notices to the U.S. Chamber of Commerce and to the U.S. Department of Justice with respect to
Karl Rove’s political White House Emails.
2

Michael Connell also did strategic IT work for the Chamber of Commerce and groups
such as Swift Boat Veterans for Truth presenting themselves as independent of Karl Rove.
3

Plaintiffs’ records subpoena to the Ohio Chamber is presently before this Court. Their
deposition subpoena to Karl Rove is pending before the U.S. District Court for the District of
Columbia which has stayed consideration of Mr. Rove’s motion to quash pending this court’s
further consideration of plaintiff’ discovery. Plaintiffs’ records subpoena to the U.S. Chamber
was issued from the District Court for the District of Columbia is opposed by the Wiley Rein law
firm.
2

approximately nine points suggests a shifting of votes in competitive down-ticket races.

Apparent broad based organized criminal activity should command the attention and commitment
of resources by the United States Department of Justice. The Presidency remains in the hands of a
democratically elected official who, according to the exit polls, was actually elected by a far larger
margin than was officially reported. Without his intervention against private counterintelligence
programs against the people and the Constitution of the United States, the next Presidential election
may be vulnerable to fraudulent manipulation.

All parties should benefit from the information sought by the plaintiffs before making decisions
about the longer range course of this litigation.

Respectfully submitted,
/s/Clifford O. Arnebeck, Jr.
Clifford O. Arnebeck Jr. (0033391)
Trial Attorney for Plaintiffs
[e-mail]
1021 East Broad Street
Columbus, Ohio 43205
614-224-8771
Robert J. Fitrakis (0076796)
[e-mail]
1021 East Broad Street
Columbus, Ohio 43205
614-374-2380

3

Henry W. Eckhart (0020202)
[e-mail]
50 West Broad Street, Suite 2117
Columbus, Ohio 43215
614-461-0984
Counsel for Plaintiffs

CERTIFICATE OF SERVICE
A copy of the foregoing was served upon counsel for the parties and respondents through the
Court’s electronic filing system, this 25th day of January 2011.
/s/ Clifford O. Arnebeck, Jr.
___________________________
Clifford O. Arnebeck, Jr.

4