From what I understand service was attempted several times at the CPD offices in Washington D.C. Also, from what I understand the security guards preventing the second attempt were not in the building previous to that day.
CPD was also emailed, and faxed copies of the orders themselves. What was unclear on Friday night in St. Louis when Michael was arrested was whether service was actually achieved earlier in the day in Washington D.C.. (It was)
The following is from the Badnarik website. {George Getz works at the National LP office in D.C.}
The following is reported via e-mail from George Getz, the Libertarian Party communications director about his attempt to serve the CPD in D.C. today:
All:
At about 2pm ET, I hand-delivered the paper called “Arizona Case Order.” I talked to David [Euchner - the lead attorney in the Arizona case] immediately afterward and he said the other papers can be faxed later. I am now back at the office, and there’s no one here, so I’m unaware of any developments.
I will also fax the affidavit, as David and I discussed earlier.
GG
11:23PM CT
Former LNC Chair and Operations Manager for the Badnarik campaign Geoffrey Neale responded with:
Do you have a signature from anyone at the CPD?
11:27PM CT
Here is Mr. Getz’s response to Mr. Neale:
Unfortunately, no. But this guy was so hostile there was no way he would have signed it. He wouldn’t even take it in his hand, and made me just put it on the desk instead.
He wouldn’t even tell me his name!?! – he was just “Tom.”
I replied, “Tom, huh? Could you be more vague, Tom?”
However, David (our attorney) was on the phone with “Tom” at the time I came into the office, and overheard the whole conversation, so I don’t think he can deny it. The lawyer is an “officer of the court,” or whatever, and if he tells the judge that’s what happened, that better be what happened. Plus, in my affidavit I described the schmuck and his assistant schmuck pretty well, which would be very odd if I wasn’t there.
Let’s hope for the best.
George
Here is the report of the second attempt at service...
Affidavit Friday October 8, 2004 3:35 PM Statement by Samuel P. New and Margaret E. Taylor
Today at approximately 2:38PM, we entered the office building at 1200 New Hampshire Ave., NW in Washington, DC in order to serve Janet Brown at the Commission on Presidential Debates (CPD) with papers handed down by Judge Pendleton Gaines, Superior Court Judge in Maricopa County, AZ. In the lobby of the office building at 1200 New Hampshire Ave., NW. we were greeted by Officer S. Mack and another security officer. Officer Mack telephoned CPD to inform them of our visit and purpose. CPD refused to allow us to proceed to their office, on the fourth floor. We asked for the name of the person refusing to accept our materials, and the security officers informed us they did not know. We asked if we could wait in the lobby, while we placed a telephone call, we were told no, we would have to go outside. After consulting Geoff Neale, we returned to the lobby and left papers with Officer Mack, who told us that they were not accepted. We then left the building. This dialogue is documented with digital pictures and an audio cassette which was recorded in plain view, and I spoke directly into it.
[signed]
Margaret E. Taylor and Samuel P. New
[notarized in the District of Columbia]
determination in a Libertarian is a wonderful thing.
Hopefully something will be done about their resistance because they should not be able to get away with that when no one else can. Thanks for the information.