Case: 2:06-cv ALM-TPK Doc #: 124 Filed: 03/06/12 Page: 1 of 5 PAGEID #: 3007

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1 Case: 2:06-cv ALM-TPK Doc #: 24 Filed: 03/06/2 Page: of 5 PAGEID #: 3007 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION KING LINCOLN BROWNSVILLE NEIGHBORHOOD ASSOCIATION, ET AL. CASE NO. 2:06-CV PLAINTIFFS, v. JUDGE MARBLEY MAGISTRATE JUDGE KEMP JON HUSTED, OHIO SECRETARY OF STATE, ET AL. DEFENDANTS. PLAINTIFFS MOTION TO AMEND THE COURT S OPINION AND ORDER OF FEBRUARY 7, 202 Pursuant to Rule 59(e), Plaintiffs move to amend the Opinion and Order of February 7, 202, as the Court deems appropriate in view of Plaintiffs following memorandum. Respectfully submitted, /s/clifford O. Arnebeck, Jr. Clifford O. Arnebeck, Jr. (003339) Trial Attorney for Plaintiffs clifford.arnebeck@gmail.com Robert J. Fitrakis ( ) robertfitrakis@gmail.com Henry W. Eckhart ( ) henryeckhart@aol.com Eckhart Law Offices 200 Chambers Road, Suite 06

2 Case: 2:06-cv ALM-TPK Doc #: 24 Filed: 03/06/2 Page: 2 of 5 PAGEID #: 3008 MEMORANDUM IN SUPPORT Columbus, OH Counsel for Plaintiffs Plaintiffs appreciate this Court s order to preserve the 2004 ballots issued in early September 2006 shortly following the filing of this suit. Plaintiffs also appreciate the 2007 overture of the Ohio Attorney General Mark Dann and Ohio Secretary of State Jennifer Brunner to settle cases of merit among the many that had been filed against Ohio Secretary of State Blackwell, and their agreement to a settlement concept for this case on the basis of which this case was long stayed. Plaintiffs further appreciate Ohio Secretary of State Brunner s adoption of many reforms from the long list of reforms Plaintiffs had proposed as part of the settlement concept. Plaintiffs appreciate Ohio Attorney General Mark Dann s Office of Special Prosecutions acceptance of multiple compilations of evidence in regard to the 2004 election of the Office of President of the United States. Finally, Plaintiffs appreciate the offices of the Ohio Secretary of State and the Ohio Attorney General cooperation in enabling the Plaintiffs to issue four strategic subpoenas under The Court s Opinion and Order described the order as having issued after the Plaintiff s filing of their amended complaint. 2

3 Case: 2:06-cv ALM-TPK Doc #: 24 Filed: 03/06/2 Page: 3 of 5 PAGEID #: 3009 the authority of this Court and the United States District Courts for the Northern District of Ohio and the District of Columbia. 2 Subsequent to the parties most recent briefing, on the basis of which the Court dismissed this case, without prejudice, Plaintiffs presented to the Federal Bureau of Investigation and the United States Department of Justice a source of inestimable strategic value to their consideration of a criminal investigation of the problem of the organized hacking of American elections - not only for the Presidency of the United States, but also of other high federal and state offices in the United States, as an adjunct of a global racketeering enterprise. In furtherance of that process Plaintiffs will be forwarding to the Federal Bureau of Investigation and the United States Department of Justice both the criminal evidence delivered to the Ohio Attorney General s Special Prosecutions Office, and additional criminal evidence and sources they have gathered since that delivery. In regard to: ) the originals of ballots and related materials from the 2004 Ohio general election, that were saved as a result of Plaintiffs document hold notices of August 2006 and this Court s protective orders of September 2006; and 2) the Boards of Elections accounting to the Ohio Secretary of State for those ballots and ballot related election materials that were not saved, Plaintiffs are advising the Federal Bureau of Investigation and the United States Department of Justice of the question of the need to continue to store such materials for the purpose of further criminal investigation and/or prosecution of federal crimes. 2 See subpoenas served upon Karl Rove, the U.S. Chamber and Karl Rove s declaration in support of his motion to quash the plaintiffs subpoena, Attachments, 2 and 3 respectively. 3

4 Case: 2:06-cv ALM-TPK Doc #: 24 Filed: 03/06/2 Page: 4 of 5 PAGEID #: 300 Plaintiffs will alert these authorities to the question of a need to retain the surviving originals of the tens of thousands of ballots and related materials, which were digitally photographed under the supervision of Plaintiffs retained expert, Richard Hayes Phillips, PhD, and analyzed in his book, "Witness to a Crime: A Citizens' Audit of an American Election." Plaintiffs will also address the question of the need to retain surviving unused ballots, for the purpose of testing and documentation for use at trial as evidence of manipulation of the chads of punch card ballots, so as to create overvotes and undervotes in targeted precincts throughout Ohio. 3 Respectfully submitted, /s/clifford O. Arnebeck, Jr. Clifford O. Arnebeck, Jr. (003339) Trial Attorney for Plaintiffs clifford.arnebeck@gmail.com Robert J. Fitrakis ( ) robertfitrakis@gmail.com Henry W. Eckhart ( ) henryeckhart@aol.com 3 Such testing was conducted under the auspices of Dan Rather Reports, using the same paper expert who was used by the Federal Bureau of Investigation in solving the Unabomber case, at the Ohio Secretary of State s office. 4

5 Case: 2:06-cv ALM-TPK Doc #: 24 Filed: 03/06/2 Page: 5 of 5 PAGEID #: 30 Eckhart Law Offices 200 Chambers Road, Suite 06 Columbus, OH Counsel for Plaintiffs 5