Been There, Doing That

Michael Harrington has left a new comment on the post "49th Ward Failure to Communicate" in which Michael addresses a commenter who goes by the pseudonym of "been there"... Hello "been there." Fraud? Please, spare us the self-serving PR-spin. We see only honest and transparent efforts to investigate and challenge this year's 49th Ward election. It is an unprecedented and difficult effort. I commend those who launched it and the many volunteers working on it. In contrast, the real "fraud" is revealed in certain comments on our community's blogs which consist of habitual fact twisting and poisonous barbs - from anonymous people - targeting those of us who "question authority." We insist on something better than what we have so far. The rose-colored chat we get from you unknown folks attempts to tell us that "crime is down" and progress is happening on all fronts. Do you think if you repeat all that enough we'll believe it? Well, everything ain't peachy here in Rogers Park, not by a long shot. Don Gordon and the voters who joined him to establish the V.O.T.E.R. organization state plainly on their website - www.voter49.org - and in all their communications that they are raising funds to pay lawyers, pursue a legal challenge, and work for accountability here. They are doing just that. The work, the investigation, and thus THE COST will continue right up to the 30-day deadline they have to respond to the judge's ruling in favor of the defendant's motion to dismiss their case. It could go beyond that. However, you can't decide what happens. You can't tell us what is and is not important. Apparently, all you can do is deride our efforts behind a veil of secrecy. Why don't you just come out and say what you really mean. I invite you to say it plainly and boldly: you don't want the aldermanic election investigated, by the court or anyone else. Then tell us why you don't want us to know what really happened behind the scenes of our election. And, please, be so kind as to use your real name when you do it.

How Convenient

Last Friday, July 20, a judge in Chicago essentially threw out Don Gordon's challenge to 49th Ward Alderman Joe Moore's April reelection. It was a sudden and unexpected move by the judge. According to a release from the Gordon team:

"At the status hearing, Judge Hayes announced that she had reviewed the motion for what is termed a "bill of particulars" filed by Joe Moore. She then decided to review the briefs filed in connection with his earlier motion to dismiss which she had denied. Judge Hayes said she determined that she had made a mistake in granting a denial of the motion and that she was reversing that ruling."

What a coincidence, indeed. That was Friday. Suddenly, the judge decides to review the briefs. What, on her own? Or did somebody urge her, maybe convince her to "review" the briefs? The very next morning, Alderman Moore released his D-2 statements, overdue by some 19 days. Coincidence? Seems very convenient, doesn't it, to be able to pay a token fine for not releasing those D-2 documents, then just wait a bit, a bit more, just a bit more, then out of left field - the judge throws out the lawsuit against you. Whew, well, now we can release those embarassing D-2's. Keep in mind that while the case was indeed "thrown out," Team Gordon has 30 days in which to appeal. Let me quote someone who must remain unnamed, but is very close to the case.

Gordon is still "in court." He has 30 days to respond to the judge's ruling. The PR-spinning from Moore, David Fagus, and their fans repeatedly contain the phrases "tossed out of court" and "without merit." Those phrases really sound juicy, definitive, and damning don't they? It's just posturing. In actuality, those folks have no idea what they are talking about. The case is not over by any means. And the evidence? You will soon get a chance to judge for yourself.

Many of us hope so. Oddly, the crowd that still can't get over the Florida election battle between Bush and Gore are giddy that the 49th Ward has been denied an opportunity - so far - to challenge an election. And one of the guys cheering the loudest about the Moore court victory is a guy who repeatedly insisted that Joe Moore is a liar and a cheat (to politely paraphrase him). He even dressed up in a goose costume once to mock the man he would eventually cheer. But he is not alone. There are many "liberals" in Rogers Park who just love Joe Moore, warts and all. Especially, perhaps, the warts. The hypocrisy is overwhelming, so thick you could cut it with a knife. People cheering in the 49th Ward because an alderman, widely suspected of being an extortionist and a violator of election laws, will stay safely in office. Some of you will write in to call me a sore loser. I am neither sore nor the loser in this case. The people are the losers. Before you write your comment, look in the mirror and first convince yourself that you've gotten over Florida 2000.

Fat Ladies in the News

The best opening salvo of any news story this month belongs to erstwhile reporter Lorraine Swanson of the News-Star (Pioneer Press). Lorraine wrote today's News-Star story with the headline, "49th Ward election investigation proceeds," and that in itself is a gem. The use of the word "investigation," rather than "challenge," was a good choice by whomever wrote that headline. But you're waiting for the Best Opening Line.... "The fat lady waiting to sing her final aria in the 49th Ward aldermanic race waddled off the stage and back to her dressing room last week after a judge ruled that an investigation into alleged vote fraud in the April 17th runoff election may proceed." Read the full article... Rogers Park Bench is flattered that the folks at the News-Star read RPB, which ran a post on June 15 with the headline, "THE FAT LADY AIN'T SUNG YET." Coincidence? We hope not.

Coverage of Gordon v. Moore

Rogers Park Bench scooped everybody on this story, but to be fair, the ChiTown Daily News has a bit more info (although not much at all). Head over there for details about the court's greenlighting of the Gordon legal challenge to Alderman Joe Moore's April re-selection. To be even more fair, the BEST coverage RPB has found so far is by friend John Ruberry (a.k.a. Marathon Pundit) at ILLINOIZE. And, of course, there is the update at Voter49.

GORDON V. MOORE PROCEEDS, MOVES TO DISCOVERY

TEAM GORDON WON its court battle this morning, meaning that Don Gordon's historic lawsuit and legal challenge to the election of Chicago's 49th Ward Alderman Joe Moore can now move into the discovery phase. The hearing started at 10:00 a.m. and ended at approximately 11:45 a.m. DEVELOPING, more to come during the day. The court hearing and decision by Judge Marsha D. Hayes on Defendants’ Moore and Board of Elections motions to dismiss the lawsuit, summary of today's decision: 1. JUDGE HAYES AGREED THAT THERE ARE ENOUGH QUESTIONS WITH MERIT TO PROCEED AND TEAM GORDON SHOULD BE ALLOWED TO GO TO DISCOVERY. (THIS MEANS THAT MEMBERS OF ALDERMAN MOORE'S STAFF AND OTHERS RELATED TO THE ELECTIONS OF FEBRUARY AND APRIL CAN EXPECT AFFIDAVITS, POSSIBLY SUBPOENAS.) 2. THE CHALLENGE OF UNEQUAL TREATEMENT OF CHICAGO ALDERMANIC CANDIDATES VERSUS THE TREATMENT OF OTHER PUBLIC OFFICE SEEKERS IN THE STATE OF ILLINOIS WAS THROWN OUT, PROBABLY BECAUSE MOST JUDGES ARE RELUCTANT TO DEAL WITH CONSTITUTIONAL ISSUES. THIS MAY OR MAY NOT HAVE BEEN JUDGE HAYES'S MOTIVATION; IT IS UNKNOWN. THIS EFFECTIVELY MEANS THAT THE ELECTION COMMISSION IS OFF THE HOOK AS A DEFENDANT IN THE SUIT. RELATED: http://www.voter49.org/index.html

June 22: Courtroom 1708, Daley Center

On Friday, June 22, the 49th Ward Could Make History with Chicago’s First Successfully Contested Aldermanic Election... Lawsuit Status Report on Gordon Et Al Versus Moore Et Al Date Court and Legal Actions and Detail/Explanation

June 22, 2007 10:00 am in Courtroom 1708, Daley Center. Court hearing and decision by Judge Marsha D. Hayes on Defendants’ Moore and Board of Elections motions to dismiss the lawsuit.

On Friday, June 22, Chicago voters will witness a potentially historic decision when a judge rules on the first fully contested and investigated Chicago aldermanic election. Americans are all too familiar with polling place problems, both intended and unintended. Many still believe fraud and flaws in our 2000 and 2004 presidential elections gave victory to the wrong candidate. We should have zero tolerance for this, and for a system that perpetuates errors and breeds contempt for voters. Read more.

THE FAT LADY AIN'T SUNG YET

The 49th Ward Could Make History with Chicago’s First Successfully Contested Aldermanic Election. New web site offers updates, info and documents related to Chicago's 49th Ward historic aldermanic challenge - IT AIN'T OVER YET. Don Gordon's legal challenge to Joe Moore's victory in April goes to court. VOTER49 is a web site to watch for developments. RPB has added a link to the side panel of this blog site. On June 22, 2007 Chicago voters will witness a potentially historic decision when a judge rules on the first fully contested and investigated Chicago aldermanic election. Americans are all too familiar with polling place problems, both intended and unintended. Many still believe fraud and flaws in our 2000 and 2004 presidential elections gave victory to the wrong candidate. We should have zero tolerance for this, and for a system that perpetuates errors and breeds contempt for voters. Read more...

Joe Moore, Jay Johnson Updates

Lorraine Swanson of the the News-Star (Pioneer Press) covers the north side of Chicago like nobody else can. Today she gives us two hot stories, one about Don Gordon's ongoing election challenge against Joe Moore, the other about local landlord Jay Johnson. It was one of Johnson's buildings where a fire killed six children last September. Until March of 2007, Johnson sat on Joe Moore's land use zoning committee. Gordan lawsuit heads to court June 6, 2007 By LORRAINE SWANSON Staff Writer A June 22 court date has been set to determine if a lawsuit contesting the results of the 49th Ward aldermanic runoff election should be dismissed. Alderman Joe Moore, 49th, and the Chicago Board of Election Commissioners were named as defendants in a lawsuit filed by losing candidate Don Gordon and three other ward residents, who are seeking a recount and an investigation into possible vote fraud. FULL STORY... Johnson cleared of 46 building code violations June 6, 2007 By LORRAINE SWANSON Staff Writer A North of Howard apartment building has been cleared of 46 building code violations that were discovered days after a deadly fire that claimed the lives of six children last September. Attorneys for Jay Johnson, president of Cornerstone Residential Group LLC, and a team of city building inspectors told a Cook County Circuit Court judge that the building is now up to code during a housing court hearing on May 29. FULL STORY... Lorraine Swanson can be reached by email at lswanson@pioneerlocal.com

Update: Gordon v. Moore

THE DATE OF THE NEXT HEARING, as reported by the Gordon team yesterday, was incorrect. RPB spoke with Gordon attorney Michael Lavelle at 5:40 p.m. today, and he said the correct date is 1:30 pm on Wednesday, May 30. For location information call Citizens to Elect Don Gordon at 773-262-9473.

Excerpts from yesterday's RPB report:

A quote from Mr. Harrington's email: "We just learned from our attorney Mike [Lavelle] that late on May 15, after the Chicago Board of Elections filed a similar motion, Defendant Joe Moore filed a motion to dismiss the lawsuit. Attorneys for Gordon et al were notified later via mail."

Mr. Harrington spoke with RPB ... [on May 21 and] noted that Alderman Moore himself does not attend the hearings. The reason Moore recently moved for a change of venue, from state court to federal court, was delay and deplete tactics. In other words, force more time to be used up, all the while forcing the Gordon team to expend legal fees in the hope of starving him into surrender. That is also why Moore's legal team filed the motion to dismiss on May 15: Delay and deplete.

There is another reason, however. Perhaps Moore has read "The Art of War" by Sun Tzu. If so, he knows that a good strategy for defeating a more powerful enemy is to use fewer soldiers simply to keep the enemy pinned down, unable to move, until the enemy's ammunition, food and water run out.

In other words, Moore's team hasn't a leg to stand on. If they had real ammunition, if their side of the case had merit or substance - or Truth - they would charge into the Gordon flanks head on.

But Moore's side is vapid, empty, without truth or merit. You can keep a modern army pinned down with arrows and slingshots, but only for so long. Moore is frightened and knows that time is truly not on his side, even as he tries to delay the inevitable.

If Gordon's side can maintain their perishable resources - time and money - then their nonperishable weapon Truth will dispense with the dark forces of Joe Moore once and for all.

The hearing on Wednesday, May 30 is open to public viewing. It would be nice to show moral support for Don Gordon. He is a man who is fighting the good fight. It is not about the election so much as it is about fair voting practices, battling endemic corruption, and giving back to a community that he has loved so dearly and for so such a long time.