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searchingforsanity
http://www.bluelemur.com/index.php?p=501

12/16/2004
Ohio Chief Supreme Court judge throws out election challenge case in which he is named

Filed under: General— site admin @ 11:56 pm Email This

Ohio judge tosses election case in which his election is challenged

By Larisa Alexandrovna | RAW STORY Staff Writer

Ohio Supreme Court Justice Thomas J. Moyer, who ran on the Bush-Cheney ticket, declined to recuse himself from a case in which he is also one of the named parties, RAW STORY has discovered.

The case, filed by 40 Ohio citizens, alleged fraud in the state’s presidential election and the election of the Chief Justice—Moyer. Moyer threw out the challenge Thursday, saying, “Ohio law allows only one race to be challenged in a single complaint.”

RAW STORY spoke with two separate legal experts not associated with the case who declined to be named for concern of their professional careers. A leading Ohio attorney said that “he had never heard of such a case, but even if this law exists somewhere, several ethical codes are most certainly and directly violated.”

Ohio DR8 of the Ethics Code notes that one must not “use his public position to obtain, or attempt to obtain, a special advantage in legislative matters for himself or for a client under circumstances where he knows or it is obvious that such action is not in the public interest.”

Another lawyer said she felt this to be “the ultimate conflict of interest.” Justice Moyer beat Democratic candidate C. Ellen Connolly for Ohio Supreme Court Justice in November.

A prominent Cleveland attorney, who again declined to be named, citing a personal relationship with the judge, stated “that knowing Judge Moyer personally, I doubt he would do something so unethical. Clearly there is a mistake because he has the highest integrity and standards.”

The source also noted that “he was not familiar with the particulars of this case.”

This particular case echoes a case in March in which U.S. Supreme Court Justice Antonin Scalia refused to recuse himself from a case addressing whether the White House was legally required to turn over documents relating to Vice President Dick Cheney’s 2001 energy task force.

The conflict of interest regarded to a Cheney-Scalia hunting trip which transpired three weeks after the court agreed to hear the case.

Supreme Court justices, unlike other judges, have the power to decide whether to remove themselves from cases, CNN noted http://www.cnn.com/2004/LAW/03/18/scalia.recusal/ at the time. The justices have wide discretion since their decisions cannot be appealed.

The article, however, does not discuss
whether the same rule applies to state Supreme Courts.

The AP article http://news.yahoo.com/news?tmpl=story&cid=..._vote&printer=1 which reported that Moyer had dismissed the case failed to state that Moyer was a elected Republican official running on the Bush/Cheney ticket for the 2004 election, and that he was also directly named in the suit. An earlier AP article http://www.ohio.com/mld/beaconjournal/10403194.htm did note this information and suggested a conflict of interest on behalf of the reporter, who calls the plaintiffs “dissidents.”

The Associated Press has repeatedly referred to those who are challenging the Ohio election and recount as “dissidents.”

The plaintiffs could not be reached for comment.
PaineInTheArse
wacko.gif

Gets more and more bizaar every day!
JILLinaz
The best part of this is that the media has been talking all day how our lawsuit was thrown out, hopefully they'll follow up with this bit of info!
PaineInTheArse
What are the Ohio GOPpers hiding? I went to their website to learn about this judge.

http://www.ohiogop.org

THE SITE IS LOCKED DOWN! YOU NEED TO BE A MEMBER TO ACCESS WITH AN ACCOUNT/PASSWORD PROTECTION!

Gonna try with truthful information....
Schools Out
Well everyone, you didn't miss much. Bush is now flaunting himself in pictures from Opus Dei fame.... :o :o :o



There he is in a robe professing great sermons to the all mighty christians!!!

No doubt of whats next....What with Blackwell trying to slither away, full arm for Accenture and his father's Opus Dei interests...
PaineInTheArse
http://www.chiefjusticemoyer.com/contact.htm



Chief Justice Tom Moyer Campaign Headquarters


100 East Broad Street, Suite 2330
Columbus, Ohio 43215

phone (614) 732-0751

fax (614) 732-0753

Sante J. Ghetti Campaign Manager

sante.ghetti@chiefjusticemoyer.com

Pam Hashem Finance Director

pamela.hashem@prhconsultinggroup.com
Schools Out
Opus Dei: Moyers in it?

"Whether or not an alleged member of Opus Dei, like Justice Antonin Scalia, enjoys a touch of the lash on his prodigious derriere from time to time, is certainly no business of ours. However, the affiliation of a Justice on the highest court in the land to an organization that, for all appearances, is nothing more than a right-wing cult should arouse not only suspicion, but an investigation.

Opus Dei is a clandestine Catholic organization based in Chicago, Ill. In size, it is insignificant, a mere 85,000 members (only 3,000 members in the US) compared to the one billion Catholics worldwide. But, its membership boasts of some of the most powerful and wealthy people in the country. The group catapulted to national attention when spymaster, Robert Hanson, was arrested and convicted in what turned out to be the greatest act of treachery in the history of the FBI. Hanson's arrest drew immediate and unwelcome notoriety to the secretive group.

Opus Dei came under the microscope again when it was featured rather unflatteringly in the popular mystery novel, The Da Vinci Code. The novel did a great deal to support the notion that the organization had a sinister underlying purpose. If their purpose, however, is to acquire as much power as possible within the Church, as many believe it is, then they have succeeded quite nicely. For one thing the Pope's spokesman, Joaquin Navarro-Valls, is an active member, which indicates that a devoted party loyalist is as close as possible to the seat of authority in the Church.

The secrecy surrounding the group has generated widespread curiosity. "Former members claim it is a cult that pressures psychologically vulnerable college students into joining." opines Ron Grossman of the Chicago Times.

Grossman goes on to add, "Critics are put off because, as part of their devotional regimen, some Opus Dei members inflict pain on themselves that seems to border on masochism. Supporters respond that mortification of the flesh is an ancient and honorable Christian practice that puts them spiritually in touch with the great saints of the past."

One of the former members, Sharon Clasen remembers, "After I joined they gave me a barbed-wire chain to wear on my leg for two hours a day and a whip to hit my buttocks with." (Again, reported in the Ron Grossman article)

We can only wonder what the Senate hearings might have been like if they suspected that Scalia's attitudes towards self-inflicted punishment might be dramatically out of the mainstream? It certainly may have called his sense of judgment into question.

Grossman recounts some of the details related to Opus Dei's founder, Josemaria Escriva de Balaguer, who was a young priest in Spain during the 1930's. "Because the Church was identified with the ruling class, many priests were killed, a fate Escriva narrowly escaped by going into hiding. When Gen. Francisco Franco won the war, Escriva allied his movement with Franco's authoritarian regime, with several Opus Dei members occupying key positions in his government," avers Grossman.

What Mr. Grossman conveniently leaves out, is that he has just provided a detailed description of an ultra-conservative group that has its roots in European fascism.

Their ideology must have been attractive to the rightward-tilting Pope John Paul 2, who bestowed on the group a "personal prelature", which is tantamount to virtual autonomy. (Rather than being under the control of the regional Bishop) This suggests that Opus Dei operates independent of the traditional Church hierarchy and outside its conventional jurisdictions. If it is a cult, it is a cult that "marches to its own drummer".

And, there is much to imply that Opus Dei is a religious cult. Its members are targeted for recruitment, (preferably, impressionable college-age idealists) sworn to secrecy, told they are the "elite guard of God", trained in isolation, censored in their reading and, indoctrinated in the group ideology.

O, and did I mention those blissful evenings at home alone with the cat-o nine-tails?

It is precisely these bizarre rituals of physical abuse that elicit the most negative curiosity to Opus Dei. Apart from the self-inflicted whipping, (a practice that was apparently perfected by the founder, Escriva, who would lock himself in a small room until the blood was splattered on all four walls. Its doubtful that today's devotees practice with such unbridled zeal) members are expected to wear "cilices" (a necklace similar in character to two strands of barbed wire) around their upper thigh for two hours a day. The degree to which this accoutrement produces is pain depends on how tight the penitent fixes it to his leg. Somehow, this suffering is assumed to be pleasing to the Almighty.

Members are also required to sleep on rough-hewn boards, dress simply and avoid physical adornments; most of which is reasonably consistent with many of the monastic traditions.

The old saw, "Beat the body and train the mind" is a custom that is enthusiastically maintained throughout the ranks of Opus Dei. Or, as Escriva put it, "If you realize that your body is your enemy, and an enemy of God's glory, why do you treat it so softly?"

Why, indeed?

The larger issue surrounding the group, however, relates to its recruiting regimen. The aggressiveness of their approach has led some to refer to them as "Catholic Mormons". By situating their facilities around college campus's Opus Dei has a steady stream of young, idealistic candidates for potential enlisting. They target "attractive and impressionable" students, offering friendship, without revealing any ulterior motive. Then, when they suspect the time is right, (or when the candidate is most vulnerable) they make their pitch for them to engage in "God's Work", which is the meaning of Opus Dei in Latin.

The long-range affects of these recruitments has been varied. Members conform to a strict regimen while in the group so, a strong degree of dependency is formed. Control is exerted over everything from reading material (no Balzac or Marx) to hairstyle. Needless to say, the corrosive affects of coerced behavior can have some lasting affects.

Groups such as ONAN (Opus Dei Awareness Network) have sprung up to address the need for "de-programming" practitioners who require intervention to escape the group's emotional and psychological attachments. Their methods are not measurably different from those used to restore Moonies or Hare Krishna's to the warm embrace of planet earth. Their web site chronicles the disturbing stories of those who have broken the Opus Dei addiction. (Also check; "How Opus Dei is Cult-Like" by Sharon Clasen)

Our central question in this essay is to determine whether or not a Justice on the Supreme Court should be challenged on the basis of his alleged involvement in a religious cult. It is our belief that, however benign the goals of the organization may be, the public needs a full accounting the objectives of secret societies to evaluate if nominee's views are compatible with the workings of the justice system. Details of the group's activities and motives were absent from the Scalia hearings.

Our reading of the Constitution suggests that individuals should enjoy limitless freedom unless it threatens or harms someone else. We apply that same standard to Antonin Scalia regarding his life as a private citizen. The question is whether Scalia's understanding of the Constitution could be seriously maligned by his involvement in a religious cult. For this we need to determine whether his ability to arrive at an impartial rendering of the law is impaired by his commitment to a radical orthodoxy. As clever as Scalia's rulings are, they are entirely predictable, never veering from his narrow perspective. This implies that rather than being the result of a reasoned deliberation of the law, they are nothing more than the logical extension of a particular dogma. This guarantees that his rulings will be an upshot of his religious affectations instead of an unbiased reading of the facts. We see this as an illustration of his judgment being overshadowed by a competing ethic; an ethic that disparages our fundamental understanding of the law.

Moreover, the consistency of Scalia's rulings suggests that there is really no deliberation at all, just a summarizing of his personal ideology so it coincides with the details of a particular case. This alone, suggests that his position on the bench should be challenged. In everything from gay relations to defending the fundamental principle of democratic society, the counting of votes in a presidential election, Scalia has openly ignored the guidance of the law, choosing to stand firm in his doctrinal positions. Again, this indicates that his religious feelings precede the need for impartiality and evenhandedness.

The deleterious affects of cults on an individual's ability to think clearly cannot be overstated and should be part of the debate to determine whether Scalia is fit to serve on the court. If Scalia is not a member of this Byzantine group, let him say so publicly and dispel the rumors. Had he been properly vetted prior to his appointment, the allegations of his involvement in this clandestine organization would have generated much greater interest. Nominees need to come clean about the groups to which they belong, and the nature of those groups. This applies doubly to organizations like Opus Dei that are shrouded in secrecy. If a nominee refuses to be straightforward, he simply should not be considered.

We count on the Supreme Court to rule on basic issues of civil liberties and justice. If it's clear that one's judgment is impaired by extremism, he should either step down or be removed. We don't need radicals on the High Court."

http://nucnews.net/nucnews/2004nn/0401nn/040117nn.htm#511
PaineInTheArse
QUOTE(Schools Out @ Dec 17 2004, 05:08 AM)
Opus Dei: Moyers in it?
*

Please answer your own question.
Schools Out
QUOTE(PaineInTheArse @ Dec 17 2004, 05:04 AM)
Please answer your own question.
*


Looks like he is, on his profile page he belongs to catholic reconstructionist church. However, proving his direct involvement in Opus will be much greater than proving Scalia's at first appearance.
PaineInTheArse
QUOTE(Schools Out @ Dec 17 2004, 07:06 AM)
catholic reconstructionist church
*

That's odd, his biography says he belongs to the "First Community Church". What is your source?

============

http://www.chiefjusticemoyer.com/bio_02.htm


Chief Justice
Thomas J. Moyer

PERSONAL

Born: April 18, 1939, Sandusky, Ohio
Member: First Community Church
Wife: Mary

EDUCATION

Juris Doctor, Ohio State University - 1964
Bachelor of Arts, Political Science, Ohio State University - 1961

PROFESSIONAL EXPERIENCE

Chief Justice, Ohio Supreme Court - Elected November 4, 1986, Re-Elected November 3, 1992, Re-Elected November 3, 1998
Judge, Tenth District Court of Appeals from 1979 through 1986
Presiding Judge - 1986
Administrative Judge - 1985
Executive Assistant to Governor James A. Rhodes, Jan. 1975 - Jan. 1979
Private practice of law with firm of Crabbe, Brown, Jones, Potts & Schmidt, 1972-1975
Deputy Assistant to the Governor - Dec. 1969 - Jan. 1971
Private practice of law - 1966-1969
Probate Court Referee for Commitments to Columbus State Hospital - 1968
Assistant Attorney General - 1964-1966 (Taxation and Workers' Compensation Sections)

ACTIVITIES RELATED TO PROFESSION

Member, Ohio State and Columbus Bar Association
Member, Board of Trustees, National Conference of Chief Justices
Former Member, Committee of the Institute of Judicial Administration to develop national standards for the adoption of alternative dispute resolution programs by state court systems
Former Co-chair, American Bar Association Task Force to Develop a Model Mediation Law
Former Member, Federal-State Jurisdiction Committee of the U.S. Judicial Conference Appointed by U.S. Supreme Court Chief Justice Rhenquist

PAST ACTIVITIES RELATED TO PROFESSION

President, National Conference of Chief Justices - 1995-1996
Former Chairman, Committee of the National Conference of Chief Justices and National Conference of State Court Administrators that conducted a national multi-disciplinary conference on the impact of drug abuse on the state courts
Former Chairman, Program and Planning Committee of the National Conference of Chief Justices
Former Member, Executive Committee and Council of Delegates of Ohio State Bar Association
President, Columbus Bar Association - 1980-1981
Barristers Club, President - 1972
Member, Lawyers Club
Participated in an ABA Symposium on Civil Justice Improvements

COMMUNITY ACTIVITIES

Board of Trustees - Franklin University
Former Chair, Board of Trustees - Ohio State University Alumni Association
Member, Crichton Club; Columbus Maennerchor
PAST COMMUNITY ACTIVITIES

Board of Trustees - Harding Hospital
Board of Trustees - University Club
Board of Trustees and Executive Committee - Friends of WOSU
Member, Columbus Board of Education - 1970-1975; President for Two Years
Board of Trustees - Consumer Credit Counseling Service of Greater Columbus
Board of Trustees - Metropolitan School of Columbus
Board of Trustees - Columbus Area Community Mental Health Center
Board of Trustees - Columbus Association for the Performing Arts
Board of Trustees - Columbus Area Council on Alcoholism
Chairman, Criteria Committee for Selection of Superintendent of Columbus Public Schools - 1982 (composed of 50 community leaders)
AWARDS

Award of Merit - Ohio Legal Center Institute
Outstanding Young Man of Columbus for 1969 - Columbus Jaycees
Listed in Outstanding Young Men of America
In 1987 was recognized as one of 40 outstanding alumni of the Ohio State University
In 1989 received the American Judicature Society Herbert Harley Award for improving the administration of justice in Ohio
Received Honorary Doctor of Laws Degrees from: Akron University in 1989;
The Defiance College in 1990; Miami University in 1991;
The Ohio State University in 1993; Ohio Northern University in 2004
In 1991 received the Ohio Bar Medal from the Ohio State Bar Association
In 1996 received the Ritter Award from the Ohio State Bar Foundation
In 1997 the National Center for State Courts presented him with its Distinguished Service Award
Received the Liberty Bell Award from the Columbus Bar Association
In 1998 received the Innovative Program Award from the Association of Family & Conciliation Courts, and was honored by the Phillis Wheatley Association for "Open the Doors to Diversity and Success"
SPECIAL INTERESTS

Sailing and Tennis
Schools Out
QUOTE(PaineInTheArse @ Dec 17 2004, 05:36 AM)
That's odd, his biography says he belongs to the "First Community Church".  What is your source?

============

http://www.chiefjusticemoyer.com/bio_02.htm
Chief Justice
Thomas J. Moyer

PERSONAL

Born: April 18, 1939, Sandusky, Ohio
Member: First Community Church
Wife: Mary

EDUCATION

Juris Doctor, Ohio State University - 1964
Bachelor of Arts, Political Science, Ohio State University - 1961

PROFESSIONAL EXPERIENCE

Chief Justice, Ohio Supreme Court - Elected November 4, 1986, Re-Elected November 3, 1992, Re-Elected November 3, 1998
Judge, Tenth District Court of Appeals from 1979 through 1986
Presiding Judge - 1986
Administrative Judge - 1985
Executive Assistant to Governor James A. Rhodes, Jan. 1975 - Jan. 1979
Private practice of law with firm of Crabbe, Brown, Jones, Potts & Schmidt, 1972-1975
Deputy Assistant to the Governor - Dec. 1969 - Jan. 1971
Private practice of law - 1966-1969
Probate Court Referee for Commitments to Columbus State Hospital - 1968
Assistant Attorney General - 1964-1966 (Taxation and Workers' Compensation Sections)

ACTIVITIES RELATED TO PROFESSION

Member, Ohio State and Columbus Bar Association
Member, Board of Trustees, National Conference of Chief Justices
Former Member, Committee of the Institute of Judicial Administration to develop national standards for the adoption of alternative dispute resolution programs by state court systems
Former Co-chair, American Bar Association Task Force to Develop a Model Mediation Law
Former Member, Federal-State Jurisdiction Committee of the U.S. Judicial Conference Appointed by U.S. Supreme Court Chief Justice Rhenquist

PAST ACTIVITIES RELATED TO PROFESSION

President, National Conference of Chief Justices - 1995-1996
Former Chairman, Committee of the National Conference of Chief Justices and National Conference of State Court Administrators that conducted a national multi-disciplinary conference on the impact of drug abuse on the state courts
Former Chairman, Program and Planning Committee of the National Conference of Chief Justices
Former Member, Executive Committee and Council of Delegates of Ohio State Bar Association 
President, Columbus Bar Association - 1980-1981
Barristers Club, President - 1972
Member, Lawyers Club
Participated in an ABA Symposium on Civil Justice Improvements

COMMUNITY ACTIVITIES

Board of Trustees - Franklin University
Former Chair, Board of Trustees - Ohio State University Alumni Association
Member, Crichton Club; Columbus Maennerchor
PAST COMMUNITY ACTIVITIES

Board of Trustees - Harding Hospital
Board of Trustees - University Club
Board of Trustees and Executive Committee - Friends of WOSU
Member, Columbus Board of Education - 1970-1975; President for Two Years
Board of Trustees - Consumer Credit Counseling Service of Greater Columbus
Board of Trustees - Metropolitan School of Columbus
Board of Trustees - Columbus Area Community Mental Health Center
Board of Trustees - Columbus Association for the Performing Arts
Board of Trustees - Columbus Area Council on Alcoholism
Chairman, Criteria Committee for Selection of Superintendent of Columbus Public Schools - 1982 (composed of 50 community leaders)
AWARDS

Award of Merit - Ohio Legal Center Institute
Outstanding Young Man of Columbus for 1969 - Columbus Jaycees
Listed in Outstanding Young Men of America
In 1987 was recognized as one of 40 outstanding alumni of the Ohio State University
In 1989 received the American Judicature Society Herbert Harley Award for improving the administration of justice in Ohio
Received Honorary Doctor of Laws Degrees from: Akron University in 1989;
The Defiance College in 1990; Miami University in 1991;
The Ohio State University in 1993; Ohio Northern University in 2004
In 1991 received the Ohio Bar Medal from the Ohio State Bar Association
In 1996 received the Ritter Award from the Ohio State Bar Foundation
In 1997 the National Center for State Courts presented him with its Distinguished Service Award 
Received the Liberty Bell Award from the Columbus Bar Association 
In 1998 received the Innovative Program Award from the Association of Family & Conciliation Courts, and was honored by the Phillis Wheatley Association for "Open the Doors to Diversity and Success"
SPECIAL INTERESTS

Sailing and Tennis
*


Spook's site. I'm not going to post it until both myself and CIA get to the bottom of it...
PaineInTheArse
Coverage from the Toledo Blade - http://toledoblade.com/apps/pbcs.dll/artic...EWS24/412170408

[Note: The Toledo Blade is listed on Judge Moyer's re-election website - http://www.chiefjusticemoyer.com/endorsements.htm - as an endorser, but the article is not viewable].

==========================================

Ohio's chief justice dismisses lawsuit contesting Bush victory
Activists led by Rev. Jackson claim pattern of vote fraud

By JAMES DREW
BLADE COLUMBUS BUREAU CHIEF


COLUMBUS - The chief justice of the Ohio Supreme Court yesterday dismissed a lawsuit that activists led by the Rev. Jesse Jackson filed to contest President Bush's victory in Ohio.

Thomas Moyer, a Republican, ruled that no statute or case law allows the filing of multiple election contests in a single case. As a result, he dismissed the lawsuit filed Dec. 13 as "fatally defective."

When attorney Cliff Arnebeck of the Massachusetts-based Alliance for Democracy filed the election contest challenging the outcome of the presidential race in Ohio, he also contested the chief justice's race - in which Mr. Moyer won re-election over Democrat C. Ellen Connally.

Mr. Moyer made the decision on the lawsuit contesting the presidential race because state law says election contests are heard by the high court's chief justice or a justice whom he or she chooses. If there is a contest in the chief justice's election, the governor appoints another justice to hear it.

Gov. Bob Taft chose Justice Maureen O'Connor, his former lieutenant governor, to hear the contest in the chief justice's race. Shortly after Justice Moyer released his decision, Justice O'Connor cited its reasoning in dismissing the lawsuit contesting the chief justice's race.

Justice Moyer said under state law, two election contests can't be consolidated in one case.

"Were this court to sanction consolidation here it would establish a precedent whereby 25 voters could challenge, in a single case, the election results of every statewide race and issue on the ballot in any given election," he wrote.

Mr. Arnebeck said he probably will refile the lawsuit today challenging the outcome of the presidential race with the Ohio Supreme Court, and then file a separate contest in the chief justice's race next week. State law says election contests must be filed within 15 days after an election's results have been "ascertained and announced by the proper authority."

Mark Weaver, an attorney representing the Ohio Republican Party, said Justice Moyer made the right decision.

"This was sloppily filed. If and when the court hears it, it will be dismissed on the merits," he said.

The lawsuit dismissed yesterday alleged that votes were taken away from Democrat John Kerry's column and added to Mr. Bush's. It refers to a "pattern of vote fraud and discrimination," and problems with voting machines around the state. It also asserts that electronic voting machines could be hacked.

On Dec. 6, Secretary of State Ken Blackwell certified that Mr. Bush carried Ohio over Mr. Kerry by 118,775 votes. Ohio's electoral college met Dec. 13 and unanimously cast its 20 electoral votes for Mr. Bush.
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