Rove claims both his own computer records and the RNC's servers have been purged of e-mails through the time the Ohio vote was being reversed. Rove's attorney, Robert Kuskin, has told a Congressional inquiry that Rove mistakenly believed his messages to the RNC "were being archived" there.
But the RNC says it has no e-mail records for Rove before 2005. Rob Kelner, an RNC lawyer says efforts to recreate the lost records have had some success. But it's not yet known whether communications from the 2004 election can be retrieved.
Nor is it known whether the joint access allowed to top GOP operatives Rove and Blackwell was responsible for the election-night reversal that put Bush back in the White House.
But there remains another avenue by which the real outcome of Ohio 2004 could be discovered. Longstanding federal law protected Ohio's ballots and other election documentation prior to September 3, 2006. Blackwell gave clear orders that these crucial records were to be destroyed on that date.
Prior to the expiration of the federal statutory protection, a civil rights lawsuit was filed in the federal court of Judge Algernon Marbley, asking that the remaining records be preserved. The request was granted in what has become known as the King-Lincoln Bronzeville suit (co-author Bob Fitrakis is an attorney in the case, and Harvey Wasserman is a plaintiff).
Thus, by federal law, the actual ballots and electronic records should be available for the kind of exhaustive recount that was illegally denied---or "rigged," as prosecutors in Cleveland have put it---by Blackwell, Bennett and their cohorts the first time around.
Ohio's newly-elected Secretary of State, Jennifer Brunner, has agreed to take custody of these materials, and to bring them to a central repository, probably in Columbus.
This means that an exhaustive recount could show who really did win the presidential election of 2004.
It may also be possible to learn what roles---electronic or otherwise--- Karl Rove and J. Kenneth Blackwell really did play during those crucial 90 minutes in the deep night, when the presidency somehow slipped from John Kerry to George W. Bush.
-- Bob Fitrakis & Harvey Wasserman are co-authors of HOW THE GOP STOLE AMERICA'S 2004 ELECTION & IS RIGGING 2008, available at www.freepress.org and, with Steve Rosenfeld, of WHAT HAPPENED IN OHIO?, from the New Press. Fitrakis is publisher, and Wasserman is senior editor, of http://www.freepress.org/, where this article first appeared.
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