The Conyers Hearing: Interview with John Bonifaz, Attorney for Cobb and Badnarik

December 8, 2004, TruthOut.com
By William Rivers Pitt
Excerpt from the blog diary:

Wednesday 08 December 2004 3:05PM

Interview at the Conyers hearing with Jon Bonifaz, general Counsel of the National Voting Institute, who is bringing a lawsuit against Ohio Secretary of State Kenneth Blackwell to see that there be a full recount of the Ohio vote from the November 2004 election.

"I think if the recount is proceeding beyond January 6th, that it is the duty of any member of Congress, any member of the U.S. Senate, under their sword duty to the constitution, to prevent a President from being sworn in until it has been determined who won the Presidency. You cannot have an election that is called free and fair, and have people sworn into office, while the votes are still being counted."
— John Bonifaz
Attny for David Cobb and Michael Badnarik

WP:  Tell me what you thought was the most productive aspect of this hearing.

JB:  I think this moves the ball forward with respect to demonstrating that people in this country, throughout this nation, demand a full accounting of what happened on election day, and demand that all votes be properly counted. Until we get to that point of all votes being properly counted, we cannot declare this to be a legitimate election.

WP:  Tell me about the lawsuit you are pursuing.

JB:  The main focus is that we want a full recount of all votes cast in Ohio for President in the 2004 election. While that recount will continue past the time of the Electoral College meeting on December 13th, we will insist that it be completed in a timely manner, and by January 6th, when that recount is completed, there may in fact be a different set of Electors. I can't say for sure whether that will happen, but a recount is important to ensure the proper counting of every vote.

WP:  What did you think about Rep. Conyers saying he might object to the seating of the Ohio Electors?

JB:  I think if the recount is proceeding beyond January 6th, that it is the duty of any member of Congress, any member of the U.S. Senate, under their sword duty to the constitution, to prevent a President from being sworn in until it has been determined who won the Presidency. You cannot have an election that is called free and fair, and have people sworn into office, while the votes are still being counted.

WP:  What, if anything, can people do to help you?

JB:  They can go to DefendTheRecount.org to sign up for legal updates, and they can join the legal defense fund, and they can demand of their members of Congress and U.S. Senate that there be a full accounting of what happened on election day and a proper counting of all the votes prior to the declaration of the next President of the United States.

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