Committee on Public Order and Dangerous Drugs (December 5, 2016) |
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Committee on Public Order and Dangerous Drugs (December 5, 2016) |
“If a recount cannot be accomplished by the ‘safe harbor’ date [a week before the Electoral College meets], or if it is started but not finished by that date, then the State Defendants must, on or before December 13, 2016, certify to the federal government the initial elector results announced on November 28, 2016,” Michigan Attorney General Bill Schuette said in his lawsuit filed against the Michigan board overseeing the recount and its state election director. The Trump campaign filed a similar complaint Thursday against Michigan's Board of State Canvassers, saying Stein has no basis for the recount because she has no grievance and no chance of winning—ignoring that presidential candidates, even in minor parties, have standing under state and federal law.
By midday Friday, the canvassers board had met to consider the Trump campaign's motion and deadlocked along partisan lines. That means the recount will resume next week, barring other appeals and court orders. Thus, the Trump campaign’s first legal move in Michigan has delayed the start, and therefore the finish of the recount, increasing the likelihood of an upcoming legal fight over whether the state's Electoral College members can vote by December 19.
But Trump allies have filed even more eyebrow-raising lawsuits in the other states.
In Wisconsin, where counties started recounting ballots Thursday, two super PACs supporting Trump, Great America PAC and Stop Hillary PAC, sued in federal district court to stop the recount, citing the U.S. Supreme Court’s intervention in Florida in 2000 where they stopped a recount and awarded the presidency to George W. Bush. That decision followed the twisted logic that since Florida counties weren’t following identical procedures, Bush did not receive equal treatment under the law. (In Wisconsin, counties have differing voting machinery and local officials have discretion to decide if they want to recount votes by hand or electronically.)
“The recount will be conducted in a manner that violates the requirements set forth by the U.S. Supreme Court in Bush v. Gore for recounts in presidential elections,” the pro-Trump super PACs argued. “Because Wisconsin law lacks adequate protections to ensure that similarly completely ballots will be afforded similar treatment, both within the same county and across different counties, the recount should be enjoined to prevent further Equal Protection violations from tainting the outcome of the election.” Besides harshly dismissing the recount, the super PACS, like the Michigan attorney general, are only seeing what they want to see in the legal precedents cited. In Bush v. Gore, the Supreme Court said its equal protection ruling was not to be applied to another case. Moreover, the Greens last week sued Wisconsin’s election oversight board seeking a uniform statewide standard, hand-counting of ballots. A judge agreed that was a good idea, but said she could not order it under state law. The pro-Trump super PACs also said that should a recount continue past December 13, when the state is supposed to certify the winner, the recount should be stopped and Trump should be declared the winner for Electoral College purposes. “Because there is no reasonable assurance the recount can accurately and carefully be conducted within that timeframe, this Court should enjoin the recount to prevent careless mistakes from tainting the results of the election, or incomplete or partial results to cast a pall over President-Elect Trump’s victory.”
Later Friday, U.S. District Court Judge James Peterson denied the super PACs' motion to halt the recount, saying there was no harm in letting the process continue. He scheduled a hearing for next Friday on the underlying lawsuit.
However, it is the Pennsylvania lawsuit, filed by that state's Republican Party and the Trump campaign, which shows the most hypocrisy. The Greens' recount has faced the roughest going in that state. The Secretary of the Commonwealth, Democrat Pedro Cortes, and other top elected Democrats are not on board. That’s prompted the Greens to file petitions signed by voters representing hundreds of the state’s 9,163 precincts, for a citizen-initiated recount. The Green Party also filed a lawsuit seeking to preserve the right to argue for a state-ordered recount once the results of its smaller effort are known.
Since filing last week, county election offices have been turning in official results and Trump’s lead has been cut by a third from more than 70,000 to 46,435 votes. It is now within 0.2% of triggering an automatic statewide recount.
Trump’s lawyers and Pennsylvania Republicans filed a motion to dismiss the Greens' lawsuit, citing much the same arguments as those made by recount opponents in Wisconsin and Michigan. But shamelessly, their legal brief quotes Cortes speaking in mid-October about the integrity of the state’s election systems. That was Cortes’ response to Trump’s campaign trail rant that the election was going to be "rigged" against him. “Before the election, Secretary of State Pedro Cortes assured Pennsylvania voters that Pennsylvania’s voting systems are 'secure,' and criticized contrary suggestions as 'not only wrong and uninformed,' but 'dangerous,' Trump’s legal team argued with a straight face. “He [Cortes] also explained that all voting systems in Pennsylvania were ‘examined and certified to federal and state standards,’ and that voting machines were ‘not connected to the Internet,’ or ‘to one another,’ thus reducing the risk of compromise.” The Green Party would disagree with that last statement, because it knows Pennsylvania has some of the oldest entirely paperless voting systems in the nation, including countywide tabulators that have been shown by computer scientists to be vulnerable to hacking. But the bigger point, echoed by David Cobb, campaign manager for the recount, is that Trump and the GOP do not want to examine the ballots and verify his apparent presidential election victory. “Why is he so worried about letting this recount move forward?” Cobb said Friday. “We will continue to help Pennsylvania voters make sure that the election in Pennsylvania had integrity and that their votes counted.” Other Recount Developments
The Greens issued an update on Friday listing the vote count anomalies they are hoping a recount will clarify. In Wisconsin, they noted that two-thirds of the counties are doing hand-counts of paper ballots, which is this only way to check against machine-induced errors. One of those counties, Ottagamie, where observers noticed that an early tabulation counted 1,500 more votes than actual ballots cast, will not be doing a hand count, which is very frustrating to election integrity activists.
Their update said “there are a number of statistical irregularities in voting data, which merit heightened scrutiny given the historic level of concern over hacking during this election:
The Greens also said the touchscreen voting systems in Pennsylvania and Wisconsin were especially vulnerable to hacking, and even cited a tweet by Edward Snowden affirming that point. “Hacking voting machines: not that difficult. Hiding a secret deviation in votes from after-the-fact statistical analysis: nearly impossible.”
“In Pennsylvania and Wisconsin, approximately two-thirds and one-tenth of voting, respectively, is done through touchscreen machines (DREs) that are susceptible to manipulation and hacking (and which many states have banned or are phasing out),” their summary said. “In Pennsylvania, whose voting system has been called a 'nightmare scenario' by one leading expert, the machines do not even dispense a paper ballot or receipt. As a result, the only way to conduct a full, foolproof audit is through a 'forensic analysis' —opening each machine to look for evidence of tampering or voter manipulation.”
“Optical scan voting—the method for all voting in Michigan, 85 percent in Wisconsin and one-third in Pennsylvania—is considered an improvement over DREs, but can still be breached without detection,” they continued. “The machines suffer from glitches and are prone to mistakes, including misreading voters’ markings. For example, in a recount of Ohio votes initiated by then Green Party presidential candidate David Cobb in 2004, almost 90,000 votes were left uncounted due to a machine calibration error. As such, manual hand recounts—as opposed to simply running ballots back through the machine—are essential, and considered the gold standard of recounts by election integrity experts.”
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NHCP's Diokno resigns over Marcos burial
(3rd UPDATE) '[The Marcos burial] denies our history, erases the memory of lives lost and destroyed, mocks the collective action we took to oust the dictator, and denigrates the value of our struggle for freedom'
In her resignation letter, Diokno condemned Marcos' burial and vowed to continue opposing it.
"The burial of Ferdinand Marcos in the Libingan ng mga Bayani is wrong; it denies our history, erases the memory of lives lost and destroyed, mocks the collective action we took to oust the dictator, and denigrates the value of our struggle for freedom," she said.
Diokno also slammed President Rodrigo Duterte, who ordered Marcos' burial, and the Supreme Court, which voted 9-5 in favor of the interment after petitions were filed to challenge Duterte's order.
"At this moment in our history, every voice counts, and I wish to place mine on the side of history: not the history that the Duterte government ignores, but the history that beckons our people to demand justice that even the highest court of the land will not bestow," Diokno said.
"Notwithstanding the narrow view adopted by 9 members of the Supreme Court, President Duterte could have taken the higher ground. But he chose not to. Worse, he justifies his 'legalistic' action by claiming, falsely, that 'there's no study, no movie about it [Marcos's record as a leader], just the challenges and allegations of the other side.'"
Duterte has repeatedly said that Marcos deserves to be buried at the Libingan ng mga Bayani because he was a former president and soldier. (READ: Duterte on Marcos burial: Let history judge, I followed law)
The NHCP under Diokno's leadership, however, previously expressed its opposition to the burial.
The commission released a study disputing the late strongman's supposed record a a soldier during the World War II, which it said is "fraught with myths, factual inconsistencies, and lies."
The NHCP pointed out that Marcos "lied about receiving the Distinguished Service Cross, Silver Star, and Order of the Purple Heart", a claim he supposedly made as early as 1945.
In a recent Rappler interview, Diokno stressed the impact of burying the former dictator at the cemetery that is supposed to be the final resting place for heroes.
"How do you explain to young people, to students [that] well, you know, there were so many questions – in fact, he lied about the medals – but, anyway, he belongs to the cemetery of heroes. There seems to be an incongruence there," Diokno said in an interview last August.
"That's why history is important. You can move on after you have come to terms with the past. But if you bury the past – in this case, it would be, you literally bury it – I don't see how you can come to terms with it," she also said. "But in this case, there seems to be even a refusal to come to terms with the facts of the past."
For Diokno, though, there is a ray of hope – the thousands of students who have taken to the streets and social media to express outrage over Marcos' burial. (READ: Students told after Marcos burial: 'Bigger lessons outside classroom')
"For a moment I thought I could remain at the National Historical Commission of the Philippines and protect our history from those in and out of government who attempt to deface it," she said in her resignation letter.
"But the multitude of especially young Filipinos who have come out in defense of history and are prepared to co-author it for their generation and the future point to one clear realization: they, we all, will guard our history." (READ: #ThankYouStScho: 'Please do not underestimate the youth')
Diokno said she would join the anti-Marcos protest at the People Power Monument set for Wednesday, November 30. (READ: Schedule: November 30 rallies vs Marcos)
"Tomorrow I will join the popular assertion of our history and look forward to more in as many public venues as possible," she said. "Never again will we allow any remnant of the authoritarian past to take hold of our country."
The NHCP head is the daughter of Filipino nationalist and late senator Jose "Ka Pepe" Diokno, who staunchly opposed the Marcos dictatorship. "Ka Pepe" was detained together with the late senator Benigno Aquino Jr in Fort Bonifacio for their hardline stance against the Marcos regime.
Aside from Diokno, NHCP Commissioner Francis Gealogo also announced on Tuesday that he had resigned over Marcos' burial. Gealogo posted a photo of his resignation letter, dated November 19 and addressed to the President, on Facebook.
"I believe that the Commission's stand opposing the burial of Ferdinand E. Marcos Sr at the Libingan ng mga Bayani is based on solid historical research and is made as part of the mandate of the Commission to clarify issues pertinent to historical questions that confront our society," Gealogo said in his letter.
"I stand by the historical truth of the fact that the martyrs and victims of martial law should be the ones that we ought to recognize as the true heroes of our nation, and not the dictator who caused untold miseries and sufferings to our people." – with reports from Patty Pasion / Rappler.com
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MANILA - Another high-ranking official of the National Historical Commission of the Philippines (NHCP) resigned from his post in protest of the burial of the late strongman Ferdinand Marcos in the Libingan ng mga Bayani or Heroes' Cemetery.
Commissioner Francis A. Gealogo, Ph.D posted a photo of his resignation letter addressed to President Rodrigo Duterte Tuesday, after NHCP chair Maria Serena Diokno announced her resignation.
The letter, dated November 19, was submitted to the president a day after Marcos was buried at the heroes' cemetery.
In his letter, Gealogo reaffirmed the Commission's opposition of the burial, adding that it was based on "solid historical research."
"I believe that the Commission's stand opposing the burial of Ferdinand E. Marcos Sr. at the Libingan ng mga Bayani is based on solid historical research and is made as part of the mandate of the Commission to clarify issues pertinent to historical questions that confront our society," he wrote.
"I stand by the historical truth of the fact that the martyrs and victims of martial law should be the ones that we ought to recognize as the true heroes of our nation, and not the dictator who caused untold miseries and suffering to our people," Gealogo added.
Gealogo said he waited for Diokno to tender her resignation before making his own announcement.
Aside from sitting as a member of the board of NHCP, Gealogo is also an associate professor of history at the Ateneo de Manila University.
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