Norman Maleng's office, representing Dean Logan, filed this response today to my Public Disclosure Act lawsuit against King County.
I'll let my lawyer refute Logan's specific assertions in court, but suffice to say that Logan's defense is nonsense. There's a substantial number of requested documents that he has not produced, and he has a long and documented track record of failing to respond to records request in a complete and timely fashion.
Dean Logan's publicly funded lawyer from Maleng's office is arguing that the public shouldn't be allowed to see the documents that Logan has been withholding for months until after the upcoming election is over. By that time, of course, it will be too late for the voting public to use the information to pass judgment on Logan and Sims' recent job performance.
UPDATE: Good news! My attorney won on today's Motion to Shorten Time, denying the Sims/Logan/Maleng request to drag this thing out until after the election. Judge Castleberry will hear the Motion for Order to Show Cause this Wednesday at 11am.
Posted by Stefan Sharkansky at October 31, 2005 03:06 PM | Email ThisI will tip the donation jar again tomorrow when my pay hits my account.
If you need help going through the envelopes, I am always available and my gas tank is full.
Posted by: sgmmac on October 31, 2005 03:43 PMCut from the same cloth as Sam Reed, and goes along to get along with the liberal political establishment. Always has.
Posted by: 5thColumnCure on October 31, 2005 04:48 PMGreat Job!
Posted by: gs on October 31, 2005 05:41 PMFirst - the vague reference to the Feds. (In another thread)... - NOW - a Judge that has actually stopped the Democrat *Machine* from it's course of corruption and election fraud coverup??....
Do I dare believe?
Posted by: Deborah on October 31, 2005 06:39 PMGet with the program. When you are trying to feign disinterest in the proceedings here, the proper post is NOT "Ho hum." It is (all together now...
Y A W N
Of course we'd prefer you go pound sand, but that's probably too intellectually demanding for you.
Posted by: Danny on October 31, 2005 06:49 PMFirst he frets and fusses that a member of the public actually started a thorough scrutiny of public information, after being rudely (or feloniously, take your choice) stalled for months. Then he breaks into the chorus:
"Instead the Court should allow the Defendents (Logan et al) a reasonable time to respond to the allegations raised by Plaintiff so that their response does not interfere with their obligations to conduct the General Election".
Sorry, brer Logan, you consumed all that 'reasonable time' yourself in the months that you stonewalled and delayed. Deliberately, more than likely, so you could intone the snivel quoted above. Put it off past the next election and it'll all blow over, won't it. No sympathy with THAT brilliant strategy, Mr. public servant.
We'll also be very interested in the doings of your buddy tester02.
Posted by: Hank Bradley on October 31, 2005 08:16 PMOK then, a straight-up question for you. None of my usual sarcasm (even though my sarcasm is usually agreeing with you). The metrokc.gov website plainly lists Maleng as the KC Prosecuting Attorney. Prosecution means he's supposed to be the dude on offense.
I'm not a lawyer, don't play one on TV, and don't pretend to understand all matters legal. But, were there malfeasance on the part of KC employees, whose responsibility would it be to investigate and/or prosecute? Or maybe a better set of questions:
1) Who is specifically responsible for prosecuting malfeasance of KC employees?
2) Who has enough jurisdiction that he could get involved if he wanted to?
3) Who is specifically prevented from getting into it?
Questions open to anyone who truly knows the answer... I've honestly been wondering about this.
Posted by: TB on October 31, 2005 08:42 PMRinse, repeat.
We really need to get rid of Sims and thus Logan ASAP.
Doesn't that mean that Maleng would have to recuse himself from prosecuting Logan? In fact, the whole Prosecutors office too for conflict of interest?
I can't believe Logan is that smart. Maybe the deck is stacked that way to protect the guilty.
I'm no lawyer, don't play one on TV and didn't say at Holiday Inn Express last night.
The city attorney should not be the prosecutor.
It's unethical. Maybe that's why Washington has such legal problems......
Stefan is finding evidence from last Novembers General election. This was a National election where we voted for a President. There was also concern - prior to that election - from the US Department of Justice, that our military voters were being disenfranchised by the State and especially King County with chronic late mailings of their ballots......
Our State and espcially King County have been marked by the Feds for a closer look at our election process. This was evident during last Novembers election when the National Election commission sent some of it's members to observe our procedures.....
King Countys long history of election problems, errors, terminations and resignations, blue ribbon and citizen oversight committies, task forces and so-called *swat teams* - with little or no improvement - simply cannot be ignored by the Feds......The expensive and extensive trail of Ron Sim's failed *fixes* should be enough of a clue that something is seriously and persistently wrong here...Add to this Stefan's evidence.....
Posted by: Deborah on October 31, 2005 11:36 PMWell, the answer may surprise you --
If Maleng were to take the very concerning findings of Stefan's research seriously, it would be the responsibility of his office to arrange an investigation (a Sheriff's investigation or other qualified agency) and pursue the prosecution where probable cause is found.
It would also be his office's responsibility to provide the County defense counsel (including County employees as individuals).
The attorneys asssigned, while both teams of deputy prosecutors, would come from two different parts of the prosecutors' office, and in the best case scenario, would not regualrly work together and would barely even know each other.
The prosecution would come from the criminal division, and the defense would come from the corps of attorneys that specialize in advising the county in business matters. Likely one or both sides would add outside attorneys to further seperate the two teams and add subject matter practice expertise.
Maleng would also have the option to ask another county or the AG's office to provide counsel for one side or another to add distance between the two teams of attorneys.
It can be done, and has been done in other cases previously, and justice has been served.
In the extant situation, the key is getting Maleng to take the findings seriously. (What do you expect from a Republican who has been a host st Sims fundraisers?)
Posted by: Insider on October 31, 2005 11:40 PMAnother option...it is my understanding (from a Rob McKenna interview) that Norm Maleng is one of the few individuals who has the authority to request an investigation from the State Attorney's office. This apparently requires the County Prosecuting Atty and/or governor, is it any surprise that no such request has been made?
A year later, voters are still waiting for even one elected official (or newspaper reporter) with the integrity and honesty to tackle this issue...still waiting...
Posted by: dl on November 1, 2005 06:47 AMYou should read the ENTIRE pdf file, word for word.
It has nothing to do with whether Stefan reviews the information or uses it for litterbox paper.
You see, he requested information, and Deary Dean Logan hasn't produced it (in 10 fricking months). He has produced some, and most of that on a piece meal basis. Until you can get ALL the information Dearest Claire, the puzzle is not complete. Kinda like not having all the Edge Pieces, not the whole picture.
"I'm sorry I don't have time right now, the dog ate my homework, can I just turn it in late please your honor, anyway is it really necessary, after all . . . I tried . . . can I please have an "A" plus?"
"I didn't do it, but I did what I was supposed to do, but we did all we could do, and I promise we won't do it again, or if it's the right thing we will because we are good people, but Sharkansky was too slow and we let him look but he didn't look good enough, and he says there are 91 absentee ballot envelopes outstanding but we provided them all so he is just wrong yada, yada, yada . . ."
The judge is probably going to buy this bull$hit argument by saying that while the County Records and Elections Division may not have produced what they were supposed to, they "made a good faith effort," and that will suffice. The mediation style "it takes two to tango," nonsense that says "oh come on Mr. Sharkansky, quit bickering, after all, you’re half of the problem.
It is plain for anyone to see they didn't provide the records--if nothing else by not simply, clearly, and categorically denying the complaints--rather preferring to throw out a fog bank onto a field of trap doors. It's just our wonderful county administration, and correspondingly agreeable court system in action.
Keep it up Shark!!
You don't know much, do you? Most people like yourself can appear MUCH smarter if they keep their mouth shut.
Luckily for our sense of humor, you rarely choose that path.
This means that he cannot file any civil action against any official of the King County involving the ongoing governmental, administrative, or official actions of that entity.
The Maleng-Sims, or Maleng-Logan relationship is the same as any attorney-client relationship in that they are required to defend their client zealously, and they cannot sue their own client.
There are circumstances where the prosecutor can be involved in actions against individuals employed by the county but they are complex and do not apply in context with the subject matter of this thread.
And also, because Stefan's doing the work, singlehanded, that the skulking Canvassing Board and its staff, and Sims's oh-so-blue ribbon Commission, failed to do months ago.
And also, because the local mass media, that we depend on for keeping the public informed of current events, is playing 'three monkeys' and suppressing all interest in seeing, hearing and speaking of the ever-more-obvious evils of our County Elections Department. They have forced public-spirited private individuals into doing their work for them - and have paid them in massive indifference.
So, "Claire", here's your chance for a Pulitzer. You can heroically swoop in and write it all up in a shocked, shocked expose, and retire on the proceeds of your best-selling book about it.
Posted by: Hank Bradley on November 1, 2005 11:01 AM