Ohio Governor Bob
Taft, and his partner in crime in stealing the 2004 election in Ohio, President
George W Bush, have a lot in common. Bush holds one the of lowest approval
ratings of any president in US history, and at a whopping 26 percent, Taft
holds the title for the lowest approval rating for any Ohio governor since the
University of Cincinnati started the poll 25 years ago in 1981.
And Taft's numbers
are not likely to head upward any time soon. In what can only serve as another
reminder of his conviction in 2005 on ethics charges, on June 13, the Ohio
Supreme Court ordered Taft to turn over documents in response to a request by
state Senator Marc Dann, a Democratic candidate for attorney general, which
Dann contends may help determine what happened to the money missing from the
state's Bureau of Workers' Compensation Fund (BWC).
In February 2006,
one of Bush's Ohio campaign co-chairmen, Thomas Noe, was charged with 53 felony
counts for his role in the disappearance of millions of dollars from the
rare-coin fund he managed for the BWC, including 22 counts of forgery, 11
counts of money laundering, six counts of aggravated theft, eight counts of
tampering with records, six counts of grand theft, and one count of engaging in
a pattern of corrupt activity.
The Ohio auditor�s
office has said Noe and some of his former business associates owe the state
over $13.5 million. A special audit from an outside firm, released in February
2006, alleges Noe's lavish lifestyle was bankrolled with money from the $50
million he controlled in two rare-coin funds for the BWC.
The same day that
Noe received the first $25 million from the Ohio BWC fund, on March 31, 1998,
the audit found that Noe transferred $1.375 million to his Vintage Coins and
Collectibles company to buy coins for the state fund but, according to the
audit, Vintage �did not possess the inventory levels necessary to support the
sales transaction.�
The audit also
found 15 transactions totaling $3,930,000, labeled as coin purchases from
Vintage Coins, but in "12 of the 15 transactions," the audit said,
"Vintage check registers reflected a negative cash balance at the time the
deposits were recorded.�
After the 15
transactions, auditors found that Vintage Coins financial records showed
payments of: $504,657 to a line of credit in the name of Noe; $227,049 in
direct payments to Noe; $542,675 in payments to �related companies;� $1,020,676
to �related individuals,� and $176,088 worth of payments to builders and home
appliance companies for Noe's homes.
Legal documents
released in May 2006 allege that Noe wrote out checks to his friends for over
$440,000 from the state�s funds, and then forged their signatures and deposited
the money in accounts he controlled.
Although it is now
known that the investigation into this matter was initiated before the 2004
presidential election, the voters in Ohio were kept in the dark until the
Toledo Blade broke the story in April 2005.
A few days after
the Blade story was published, Taft jumped in to publicly defend Noe, claiming
that Noe has "probably been the most effective advocate for this part of
the state in Columbus that you've got and you're going after this guy."
"You're trying
to kill him," Taft said, "for some reason."
But the facts in
the case reveal that nobody was picking on poor Tom Noe. The Ohio attorney
general says Noe may have stole as much as $6 million and many critics are
speculating that at least some of the missing money was funneled to Republican
politicians all over the country, from Washington, DC, to Ohio and all the way
to California Governor Arnold Schwarzenegger.
According to the
Toledo Blade, Dann wants Taft's records released on "the supposition that
they will shed light on what the governor knew about wrongdoing at the Bureau
of Workers' Compensation."
Since April, Taft
has been fighting to keep the documents secret -- which include weekly reports
compiled by his top aides. The Ohio high court will now review the records in
private and decide whether they should be made public.
The June14 Blade,
reported that Dann "has said more documents could shed additional light on
why up to $13 million is unaccounted for in the state's rare-coin investment
controlled by Tom Noe and why the state lost $216 million in a risky hedge fund
managed by Mark D. Lay of MDL Capital Management of Pittsburgh."
Taft's ethical
lapses became public on June 14, 2005, when Taft sent a letter to the Ohio Ethics
Commission stating that it has "recently come to my attention that I
failed to list a number of golf outings or events on my financial disclosure
forms over the past several years." Taft apparently expects the public to
believe that a total of 52 golf outings paid for by Noe just slipped his mind.
On August 27, 2005,
Noe's attorney released a statement pointing the finger at Taft and said Taft
was informed of the rare-coin operation involving BWC funds by Noe on May 13,
2001, at a Toledo golf course after Taft publicly claimed that he was unaware
of Noe's dealings with the WBC until he read about it in an article in the
April 3, 2005, the Toledo Blade.
But this month
another revelation came to light, adding more fuel to the fire. On June 16,
"Franklin County Prosecutor Ron O'Brien, a member of the federal-state
task force investigating the bureau, confirmed that the probe has expanded into
the state's five pension funds, focusing on possible gratuities from brokers
and other firms to pension system officials," according to the June 16,
Toledo Blade.
The case is heating
up on another front as well. The scandal has now reportedly spread to the world
of sports memorabilia. According to Michael O'Keeffe, in the June 17 Daily
News, investigators suspect that the world's largest sports auction house,
Mastro Auctions, may have played a role in what is being called
"Coingate."
It seem that when
investigators raided Noe's company, Vintage Coins and Collectibles, in May
2005, they found collectibles including everything "from Beanie Babies to
19th-century political banners to Bob Gibson-signed baseballs -- worth an
estimated $3.5 million," O'Keeffe said.
An Ohio auditor
told O'Keeffe that Mastro Auctions sold at least $1.3 million worth of
memorabilia to Noe's two funds.
"Most of the
seized collectibles are political items," O'Keeffe said, "but Noe
also won numerous sports lots, including Hall of Fame plaques purchased for
$16,541, a Mickey Mantle bat ($14,014), a collection of 10,000 baseball cards
($8,603), 100 balls signed by Ted Williams ($29,078) and 12 Walter
Payton-signed footballs ($4,016)."
Lucas Country
Prosecutor John Weglian told O'Keeffe that he will focus on Mastro Auctions
after Noe's trial in October, which, he says, will be a complex case that will
require at least four weeks and involve over100 witnesses.
"Until that
case is resolved," he told O'Keeffe, "Mastro Auctions will remain on
a back burner."
In May, Noe pleaded
guilty to violating federal campaign finance laws by funneling over $45,000 to
the Bush-Cheney campaign by having 24 people, including several former and
current Ohio state officials, attend a $2,000 a plate fundraiser and make
donations in their own names with money supplied by Noe.
Noe is facing a
maximum of 5 years in prison on each of the three charges and a potential fine
of close to $1 million. Assistant US Attorney John Pearson of the public
integrity section of the US Department of Justice told reporters that he will
seek an even harsher penalty for Noe, because of the "potential loss of
public faith in the presidential race."
At the time of the
indictment, US attorneys called Noe's conduct "one of the most blatant and
excessive criminal campaign finance schemes we have encountered."
But Noe's misdeeds
did not go unrewarded. According to the May 31 Toledo Blade, as he rose to
prominence in the Republican party, Noe "secured high-profile
gubernatorial appointments to the Bowling Green State University Board of
Trustees and the Ohio Board of Regents, and for a time was chairman of the
regents -- despite being a college dropout. He also was appointed to the Ohio
Turnpike Commission, where he also was chairman."
Noe became a Bush
"Pioneer" by raising at least $100,000 for the Bush reelection
campaign And tit-for-tat, in May 2003, Noe was appointed to a committee of the
US Mint, a panel that advises the US Treasury secretary on themes and designs
for coins and congressional gold medals and was named chairman, according to
the Blade.
But funneling money
to Republican politicians is not the only part Noe played in the theft of the
presidential election in Ohio. For many years he was chairman of the Lucas
County Board of Elections and was involved in the deal that brought the now
infamous Diebold opti-scan voting machines into the inner city of Toledo, where
many of the machines mysteriously broke down on Election Day.
Hearings conducted
by the Free Press after the election confirmed that thousands of inner city
Toledo voters were disenfranchised due to the faulty machines.
On July 29, 2005,
Richard Hayes Phillips, PhD, testified at an Election Assessment Hearing in
Houston, Texas, and said, "I have investigated the Ohio election results,
precinct by precinct, and have found three categories of problems: voter
suppression, ballots cast but not counted, and alteration of the vote
count."
Statewide, he says,
there were 35,000 provisional ballots and over 92,000 regular ballots that were
not counted. The uncounted ballots, most of them punch cards, were concentrated
in precincts that voted overwhelmingly for Kerry, by margins of 12 to 1 in
Cleveland, 7 to 1 in Dayton, 5 to 1 in Cincinnati, 4.5 to 1 in Akron, 3 to 1 in
Lorain County, 2.7 to 1 in Stark County, and 2.3 to 1 in Trumbull County.
Phillips says this
information warrants an examination of all the uncounted ballots and the
machines that failed to count them.
Critics say
politics don't get much dirtier than the underhanded deals revealed over the
past two years involving Republicans in Ohio. In addition to Taft's convictions,
the investigation of Noe's money laundering schemes has resulted in charges
against four of Taft's aides.
On January 28,
former aide, H. Douglas Talbott, admitted in documents filed with the Ohio
Elections Commission that he funneled campaign money from Noe to the chief
justice and two other Ohio Supreme Court justices.
Noe and his wife
also contributed to the campaign of the current Ohio attorney general and, in
return, Bernadette Noe's law firm was given contracts worth thousands of
dollars collecting bad debts for the state.
Since the money
laundering scheme was revealed, Bush and the Republican National Committee
(RNC) returned $6,000 in direct contributions from Noe and his wife, and other
state and federal officials have returned thousands more, including Taft, Ohio
Secretary of State J. Kenneth Blackwell who is the current Republican candidate
running for governor, and California Governor Arnold Schwarzenegger.
Blackwell's
nomination is a reward for all his help in stealing the election in Ohio, in
large part, by favoring his own party when distributing voting equipment and
materials for the November 2, 2004, election, among other things.
According to the
December 12, 2004, Columbus Dispatch, precincts that had gone 70 percent or
more for Al Gore in election 2000 were allocated 17 fewer machines in 2004,
while strong GOP precincts received eight additional machines.
According to an
investigation by the Columbus Free Press, white Republican suburbanites,
blessed with a surplus of machines, averaged waits of only 22 minutes, while
black urban Democrats averaged three hours and fifteen minutes.
"The
allocation of voting machines in Franklin County was clearly biased against
voters in precincts with high proportions of African-Americans," said
Cornell University Professor Walter Mebane, Jr., in a February 11 letter
responding to a June 29, 2005, letter from the US Department of Justice, after
conducting a statistical analysis of the vote in and around Columbus.
In another move
directly calculated increase traffic jams at the polls on Election Day, the GOP
sent out 3,600 operatives to challenge voters in 31 counties in mostly
predominantly black and urban areas. For instance, in Hamilton County, 14
percent of new voters in white areas were confronted at the polls, compared to
97 percent of new voters in black areas, according to the November 2, 2004,
Columbus Dispatch.
Sworn statements by
citizens at public hearings in Columbus and Toledo confirmed that scores of
voters were disenfranchised because they had to go to work and could not wait
in line. According to the Toledo Blade, at a polling site in east Toledo, the
one and only machine broke down at about 7 a.m.
and when Ohio Representative, Peter Ujvagi tried to vote an hour later, a poll
worker told him to just put his ballot in "a secure slot under the
machine" so it could be scanned in later, after Ujvagi was gone.
Inner-city black
voters who stuck it out waited three hours in the rain, on average but some
waited up to seven hours, according to election officials and sworn testimony
by local voters, while nearby white Republican voters had virtually no delays.
The waiting time at liberal Kenyon College, in Knox County, reached 11 hours,
while voters at a nearby conservative Bible school got to vote in five minutes.
By midmorning on
November 2, with voters, no longer able the wait, dropping out of lines,
precincts were requesting the right to distribute paper ballots to speed up the
process but Blackwell denied the requests, saying it was an invitation for
fraud, according to the lawsuit filed against Blackwell by the Democratic party
on November 2, 2004.
The lawsuit, Ohio
Democratic Party v. Blackwell, No. C2 04 1055, had supporting affidavits from
election officials and voters describing the voting impediments occurring in
Democratic precincts.
An
affidavit filed from Columbus Precinct 44D said: "There are three voting
machines at this precinct. I have been informed that in prior elections there
were normally four voting machines. At 1:45 p.m.
there are approximately eighty-five voters in line. At this time, the line to
vote is approximately three hours long. This precinct is largely
African-American. I have personally witnessed voters leaving the polling place
without voting due to the length of the line."
From Precinct 18A,
an affidavit said: "At 4 p.m.
the average wait time is about 4.5 hours and continuing to increase. Voters are
continuing to leave without voting."
An affidavit from a
judge at Precinct 40 states: "I am serving as a presiding judge, a
position I have held for some 15+ years in precinct 40. In all my years of
service, the lines are by far the longest I have seen, with some waiting as
long as four to five hours. I expect the situation to only worsen as the early
evening heavy turnout approaches. I have requested additional machines since
6:40 a.m. and no assistance has
been offered."
In response to the
lawsuit, in the early evening, US District Judge, Algernon Marbley, issued a
temporary order requiring that paper ballots be offered to voters. However,
according to estimates published in the December 15, 2004, Washington Post, as
many as 15,000 voters in Columbus had already given up and gone home.
When poll closing
time came, some Republican poll workers dismissed voters who had waited in line
for hours in the rain in violation of Ohio law, which allows people in line at
closing time to stay and vote.
The GOP owes
Blackwell a lot. They definitely could not have stolen the election without him
and he no doubt earned every dime he ever got from Noe.
The only news
reporter to publicly questioned the integrity of the 2004 election was Keith
Olbermann during his nightly show on MSNBC.
During an interview
for an article published in the June 2006 Rolling Stone Magazine, Robert F.
Kennedy, Jr., asked him why he stood against the tide and Olbermann said,
"I was a sports reporter, so I was used to dealing with numbers."
"And the
numbers made no sense," he continued. "Kerry had an insurmountable
lead in the exit polls on Election Night -- and then everything flipped,"
he told Kennedy.
Olbermann said he
believes that other reporters fell down on the job. ''I was stunned by the lack
of interest by investigative reporters," he said. "The Republicans
shut down Warren County, allegedly for national security purposes -- and no one
covered it."
"Shouldn't
someone have sent a camera and a few reporters out there," he noted.
Olbermann
attributes the lack of coverage to self-censorship by journalists. "You
can rock the boat, but you can never say that the entire ocean is in
trouble," he told Kennedy. "You cannot say: By the way, there's
something wrong with our electoral system."
"The issue of
what happened in 2004 is not an academic one," Kennedy says in the Rolling
Stone article. "For the second election in a row," he notes,
"the president of the United States was selected not by the uncontested
will of the people but under a cloud of dirty tricks."
"Given the
scope of the GOP machinations, we simply cannot be certain that the right man
now occupies the Oval Office," Kennedy pointed out, "which means, in
effect, that we have been deprived of our faith in democracy itself."
"If people
lose faith that their votes are accurately and faithfully recorded," he
warns, "they will abandon the ballot box."
"Nothing less
is at stake here," Kennedy says, "than the entire idea of a
government by the people."
Based on the last
two presidential elections, voters seem to agree with Kennedy, and say there is
little reason to think that future elections won't fall victim to this same
sort of manipulation.
"Admittedly, I
have become somewhat cynical," says voter Jacquelyn Webber. "But
having voted for 50 years and observed the actions of various
administrations," she explains, "I have never seen our country with
such dishonest, secretive and greed-driven leadership and apparently no respect
for our Constitution and little, if any, value for human lives."
Webber also
believes that the media should have done a better job of informing the public
about misconduct involving the current administration before the election.
"I do not
believe a well-informed public would have tolerated the destructive actions
which are ongoing and have placed our Constitution and American way of life in
serious jeopardy," she states, "and I hold the media grossly
responsible for failing to provide truthful information to the public which
might well have resulted in a totally different and more positive outlook for
our country by not allowing this greed-driven administration to come into such
power."
Back in Ohio,
Republicans are worried about this year's election and are screaming foul over
the decision by Lucas County Judge Thomas Osowik, in response to a defense
motion by Noe, to move the trial date from August to October, claiming the
judge is seeking a political advantage to improve his chances of winning a spot
on the Ohio Court of Appeals in the election, while at the same time harming
their chances at the ballot box.
However, others
disagree. According to the June 14 Toledo Blade, Brian Rothenberg, a spokesman
for the Ohio Democratic Party, said Noe's case should be tried before the
election so voters will know as much as possible about the case, which touches
on many Republican officials and candidates all over the state.
"It's
important for the people of Ohio to know the facts by Election Day,"
Rothenberg told the Blade.
Noe also tried to
have Judge Osowik thrown off the case but that motion was denied.
He also filed a
motion trying to get a change of venue citing adverse publicity in Lucas
county. "Indeed, the sheer number of references to Tom Noe in the Toledo
Blade has turned Mr. Noe's name into an epithet," the motion said,
"using it as a shorthand for corruption or vice in any article that is
even remotely related to government, Ohio politics, or investments of any
kind."
The fact is a
person would be hard-pressed to find a Republican politician in Ohio who has
not accepted money from Noe over the past decade. The underlying question
remains whether the money that turned up missing ended up in the pockets of
those politicians.
In any event,
between the media coverage and the involvement of Republican politicians all
over the state, critics say it would be next to impossible to find a jury pool
anywhere in Ohio who has not heard about the scandal.
According to a news
database search by the Toledo Blade, in addition to their own articles, since
April 1, 2005, the Cleveland Plain Dealer has mentioned the case in 230
articles and the Columbus Dispatch have mentioned it in 267.
Evelyn Pringle is a
columnist for OpEd News and an investigative journalist focusing on exposing corruption in government.