Posted on 12/03/2004 11:05:27 AM PST by newzjunkey
The hearing is just about the start. John Howard's case will be heard by the 4th Circuit to determine if there should be a new election, if Donna Frye's write-in candidacy was invalid and other related issues.
Donna's lawyer claims the charter didn't spring back to life just because the CA State Supreme Court said Charter cities *can* limit and exlude a write-in candidate. Claims a court said a municipal action would have to brought to bring life back to the charter's provision.
Judge arguing it was not struck down, just held up. Female judge arguing too.
Zzzz. Again talking about 155,000 voters for Frye. That's at least the 3rd or 4th time.
Registrar of voters lawyer is up now! Yay. We need more lawyers. Judge doesn't see the registrar's interest because they're just acting in a ministerial capacity because they certify to the clerk, the clerk reports to the council and the council adopts a resolution and swears in the winners. Registrar lawyer sits down...
Some lawyer is up for unclear parties, voters perhaps?
This guy is whining there was not enough time to argue this at trial. He's an annoying jerk. Claiming again the charter is dead because action wasn't taken to say it was the law again. Must be representing Frye voters, what an obnoxious twerp.
He's whining. It's making my ears ache. Grrr.
Thanks for the reporting...
Judges asks about a particular provision to support his claims this should've come before the election.
Voters interests represented in court? That'll be the day.
WHY didn't the OBVIOUS question get asked: Donna, doesn't that apply to YOU? Gotta love the Democrat HUBRIS!
John Witt, former city attorney is up. Says the Charter needs to be followed. You can't elect without 50% +1 according to the Charter.
Not sure if it's Witt now or the platniff's attorney... Says this can't be returned to Judge Jones because he noted a dismissal. Says City Clerk & City Attorney ignored it. Says nothing in the code prevents a writ of mandamus. Says the Charter stays in effect because it was never ammended.
What's to prevent every single loser in the primary from seeking to be a write-in? Says there won't be any disenfranchisement, all voters will get to vote again. Thanks the court.
Court thanks the parties. The order is submitted. A decision, with reason, meaning an OPINION will *NOT* come before Monday morning.
But it was only Frye voters... Ugh.
That being said, I still have the uneasy feeling that somehow the evil Jack McGrory is at the bottom of this mess. /sarcasmformcgrory
Former "City Mangler" [sic] McGrory really screwed the taxpayers didn't he? That ticket guarantee where WE ended up PAYING the team MILLIONS to rent OUR statium was only the tip of the iceberg. Him behind this? Wouldn't surprise me.
This is not accidental. I firmly believe there was collusion between Murphy and Frye. We still don't have the required-by-law expenditure reports from the Frye campaign and supporters even now. How much *did* the unions throw at this effort? Her job and their task is to move San Diego, perhaps the last *REPUBLICAN* major city in California, into the liberal Democrat column for good. The city will slide into the sewers like Philly, LA, NYC, Chicago, Boston, DC, Baltimore, Cleveland and others...
Just imagine, with indictments pending, two trials pending, one dead councilman, no audits, closed meetings, suspended bond rating, unwillingness to concede "illegalities" in the pension mess, what REAL EVIL lurks in city government that SO MUCH effort would be put into keeping the ONE outsider OUT of the mayor's office: County Supervisor Roberts. This smell of a MAJOR coverup and widespread CYA effort.
I totally agree that "it's time to fire the City Clerk" but since he serves are the pleasure of the embattled City Council, what are the chances he'll be held accountable for this "we can be creative too" mess when he can claim a legal fig leaf? Now that we'll have the Democrat's hand-picked Mike Aguire, in there as City Attorney starting Monday, it looks like the Dems have gained major ground in San Diego.
Glad I was able to.
Thanks. She looks too scary in that picture...
Yep, he was a real force to be reckonded with, and still is. Not too many folks know that after he brought out the midnight bulldozers to level Murphy field and subsequently "left public service," he went to work for the financial interests behind the Charger Stadium reconstruction and then he was heavily involved in bringing the PETCO project to fruition.
Some folks got the feeling that he was in the pocket of certain outside interests for much of the last months he was being employed by the city to look out for the city's interests only. That's the kind of stuff that, to a suspicious taxpayer, gives graft a bad name. However, looking back at what's gone on after McGrory's left, I can't say that things appear to have materially improved in any respect.
McGrory laid the groundwork for much of the current troubles. Frankly, I think the win for the "strong mayor" form came at a bad time. McGrory's successor, Michael Uberuaga, was a complete non-entity and did nothing to improve matters. Lamont Ewell, on the other hand, made some good, tough decisions (e.g., cleaning out a whole bunch of managerial deadwood). Had he decided to stay (and the "strong mayor" vote pretty much forced his hand), I think he would have continued the cleanup process.
As a San Diego resident and native this election only shows me just how bad our local government is. There is absolutely NO ACCOUNTABILITY for any actions taken. It is so bad now that we have 2 councilmen under indictment (would have been 3 except for he died) for taking bribes and another who willingly violates election laws to enter the race for mayor. We have an illegally funded pension fund, under investigation by the SEC, unable to issue any bonds at all, have no verification of how our city government is spending it's money (audits). We have a non-existant City Attourney and a Clerk who does what ever he wants. And like I said, THERE is no accountability.
People in this city's government need to start serving their time in Jail. I hope the indictments carry and people go down. Not just quit or retire and live off of the bloated pensions they voted to themselves and their criminal accompliances.
FOr Donna Frye to continue to argue that illegal ballots be counted follows the same disregard for the law that she showed when she instigated an illegal write in campaign in a run off election and her equal disdain for the election law requiring any mayoral candidate to achieve 50% +1 votes to become mayor. She continues to push the envelope, there is no telling how low her regard for laws are.
Donna Frye knows that for her to be elected mayor she will have to violate at least 3, probably alot more, election laws. How can she expect to govern even if she were to sue her way in? It is absurd, she is absurd.
Al Gore and the rats did change history in 2000. Not because of some raggy attitude, but because of the naked, all encompassing lust for power. They want it back and will stop at nothing. Hence, it is most important that the elections are not even close so that the judges have no say. So far, so good, save for SD and the WA governor's race....
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