Ankeny v. Daniels: Opposition Heard on Defendant’s Motion to Dismissby Phil on 02/27/2009
Steve Ankeny and Bill Kruse, Plaintiffs in the pending Indiana case, Ankeny v. Daniels, had been facing a Motion to Dismiss, specifically from Indiana Governor Mitch Daniels:
In two sentences, Counsel for the Governor admitted our argument (the “general election” elected electors) and showed that the Certificate of Ascertainment was false.
The Governor wants to dismiss our case, but he wants to rely upon a false certification.
What’s got the Governor in a bind is the fact he knew sitting Senators Obama, Biden and McCain were not eligible to be elected as electors, and he certified the election anyway. He wants us to believe he did everything required of him.
We did not require that he lie in order to certify the election!
I don’t have a lot more to say other than what’s in the brief. We have a hearing on the motion February 26.
The States of Michigan and Alabama faced similar motions to dismiss and made arguments similar to our. However, we have admissions from the Governor the other States don’t. The State of Alabama has an order for trial by jury.
I intend to ask for such an order at our hearing. The brief was filed Tuesday, received Wednesday, so it’s fresh.
Yesterday’s hearing apparently did go well…
Our day in court went very well!
Thanks for all the prayers and well-wishes. The Lord helped us present the essence of the case and both the Judge and Counsel for the Governor were impressed with all they heard. We hope it will NOT be dismissed but proceed to trial.
I’ll write about it later today. I am very busy getting an emergency stay out the door on a criminal case.
I’ll be adding comment on the hearing later.
Someone who visited the hearing is contacting ‘WorldNetDaily,’ so something may appear there.
I’ve linked to the Opposition Brief in the first quote, above. It is 19 pages and easily readable.
A current listing of eligibility lawsuits can be found here.