RAB smears the integrity of the judiciary simply because there isn't an activist judge that will protect GOP Chair Bennett

For all their pretended concern about activist judges and in praise of strict constructionist, boy, do conservatives change their stripes when they can't get a court to give them what they want by creating new law.

RAB has bared its teeth and gone in full RAB-id mode over the decision today by the Franklin County Court of Common Pleas not to interfere with Secretary of State Jennifer Brunner's effort to remove the lone remaining member of the Cuyahoga Board of Elections under her filed and served complaint.

RAB has reached a new low and attacked the integrity of the judge by rehashing discredited claims about the judge simply because he read the law and said he saw no reason under the law for the courts to interefer with the lawful execution of the Secretary of State's duties.

Matty falsely claims this judge is "anti-GOP."  B.S.  Matty, find an inconsistent decision by this judge when a Democratic member of an elections board was involved and then you've got grounds.  But to dismiss this sound legal judgment, which nobody thought wouldn't happen regardless of the court or judge, as being partisan without any evidence is disrespectful to the rule of law.

What Matty fails to recall about the whole Judge Connor flap is that after all the political blustering, the GOP did nothing because it realized, as Ohio Supreme Court Chief Justice Moyer (a Republican) pointed out, the judge had done nothing wrong under Ohio law.  Because the County Prosecutor (a Republican) entered into the plea agreement he did, mandatory sentencing laws in place in the time (entered into law by the Republican General Assembly and signed by a Republican Governor) essentially mandated the sentence for a first time felony offender would not carry prison time.  And instead of probation as Matty thinks of it, the Judge ordered the offender in that case to undergo residential treatment with a year of home incarceration thereafter.  If the offender, who has not been accused of violating his probation yet, does violate his probation, Judge Connor sentenced him to a potential eight year prison sentence.

Also, if Bennett, a licensed attorney, truly believed that the judge held an anti-GOP bias, why didn't he demand that the judge recuse himself or ask the Republican-dominated Ohio Supreme Court to appoint an acting judge instead?

In yet another strange non sequitur, Matty then tried to claim that the fact Attorney General Marc Dann, who by law is required to represent the Secretary of State's office, and Secretary of State Jennifer Brunner's attendence at the hearing is somehow evidence of the partisanship of these proceedings.  That's right.  It's partisanship for an elected official and her attorney to show respect to the court by attending a hearing in which the elected official is a party.

And what was Bob Bennett doing during the court's hearing of his motion to declare the entire process unconstitutional?!?!  Well, according to Openers:

Bennett . . . didn't attend the hearing. He was busy talking with reporters in a teleconference.

Bob Bennett would rather spend time trying to spin the media on this matter than show up to a hearing on his own motion.  How, the f*ck is that defendable?

Of course, Matty buys Bennett and the ORP's spin that this fight is about keeping the Secretary of State from taking control over the Board through the 2008 Presidential election. 

EXCEPT THAT THERE'S ONE GLARING FLAW IN BENNETT'S ARGUMENT.  Bennett ignores that his legal challenge today had nothing to do with the Secretary of State's office ability to place the Cuyahoga BOE under administrative control.  Whether Bennett succeeds or fails in his attempt to challenge the Secretary of State's authority to remove Bennett for cause, the Secretary of State's office will still be able to keep the BOE on administrative control until 2008.

In other words, Matty, Bennett is blowing smoke up your crack.  His legal challenges have nothing to do about the 2008 elections, it's about having the Ohio Republican Party protect Bennett's political fiefdom in Cuyahoga County.  Even if Bennett is victorious, Brunner will still have the Cuyahoga BOE under administrative control  just like Ken Blackwell did with the Lucas County BOE years before he even asked the Board to resign.

Matty concludes by asking (albeit I admit he intended it to be rhetorically):  And who says this isn't 100% political? You mean besides me, the Franklin County Court of Common Pleas, the precedent set by Ken Blackwell, and the Ohio Revised Code?  How about your own website that criticized the Cuyahoga Board of Election, which Bennett chairs, for not firing employees merely accused, forget now since convicted, of committing crimes in the 2004 Presidential recount? 

Hell, Matty even you admit there have been serious management problems at the Cuyahoga BOE!  So do the world a favor and shut up about your baseless partisanship accusations.

P.S. - Matty, don't think I haven't forgotten that even Republican candidate for Secretary of State Greg Hartmann called the management of the 2006 primary election by the Cuyahoga Board of Elections unacceptable.