Can I get a Redo?

I quit

The breaking news is that the Committee to Recall Commissioner Lutz (a.k.a. Kevin Kanieski) has withdrawn the recall application.  In the battle of press statements, Kevin Kanieski said, “”In recent work with our legal counsel we are even more convinced our position that (Lutz) violated the Open Meetings Law is correct.  Our withdrawal is only to prepare a new and stronger case for the court.”   The attorney for Commissioner Lutz responded with; “Today’s withdrawal of the Application for Recall is nothing more than an attempt to delay the inevitable failure of the recall effort.  Chairperson Kanieski is looking for a second chance– just like those defeated in the last election who are behind this recall.  He has asked to withdraw the Application for Recall, but has avowed that he will try again.  Regardless of his actions, we continue to seek a ruling of the Application’s lack of merit before Judge Davis.”

There is nothing like a person who throws the first punch then runs for cover.  The question now becomes, can he run for cover?  In browsing though the Georgia code for recalls, O.C.G.A. § 21-4-9(e) says that a person may withdraw their signature anytime before the application is submitted.  Well, the application was submitted and verified back on August 18th.  The way I read the law, it’s too late.

I would think that Lutz would be ready to get to the end of the process.  As reported, “Kanieski’s affidavit states it is his intention “by the signing and filing of this affidavit to withdraw the application for recall without prejudice.” By doing to “without prejudice,” Kanieski is not prohibited from re-filing the recall application at a later date.”  At best, this looks like some serious gamesmanship from the recall committee; at worst it looks like harassment.

I don’t see this being the end of the current petition.  Now that a Gwinnett County judge has been assigned to the case, I am guessing that Commissioner Lutz will want the case heard.  Kenieski all but admitted in his statement that they are not prepared to prove anything.  It also appears that they have now engaged a lawyer to help them with the process.  If I am their lawyer, I would want time to get in front of this mess.  The application was vague at best and potentially libelous causing issues for anyone that is asked to take the stand.

One thing that I will say about Lutz: he sure keeps his name in the news cycle.  What I am waiting for, however, are the names of the co-conspirators from the recall to take the stand.

Hugh Hall County Akston

  2 comments for “Can I get a Redo?

  1. George T
    August 31, 2011 at 4:48 pm

    Chicken. That about sums it up, Chicken. I have to wonder how much is being hidden. Do you think that there are more issues that would have been uncovered if it had gone to court?

  2. The Truth
    August 31, 2011 at 5:46 pm

    I believe that this group, ran by Hulsey, walked into a Bees nest playing political cops and robbers. this isn’t a game gentlemen, there are serious consequences for your actions. You got a bunch of Hall County residents to follow you down a path with criminal implications. You sold people on signing a document that could very well been in violation of the law. I am sure that all the people who signed that petition blew up some phones when they found out that that may have committed a crime if in fact they were not registered voters or not in District 1. Oops.
    As far as Hulsey’s patsy? Well it would seem that Kevin Kanieski needs to be contacting a lawyer. (he already has, who do you think drew up his “prepared statement” released over the phone to the Times.)

    Kevin Kanieski should look into some type of fraud on the part of Hulsey who sold him on this endeavor. How did you allow yourself to be USED so easily. On a recall that would never work. 9400+ signature/votes to actually recall some one when only 13k even vote to begin with? Come on guys. That is after to climb the insurmountable hill of getting a judge to buy you bag of bullshit to begin with.
    Not going to happen.

    So Kevin Kanieski is looking at some jail time now? All signs point to yes. That is why they are in a panic to get this petition withdrawn. If you ask me, Charlotte Sosebee is one of Hulseys minions, or Olivers, because you know he has his hands in this. He is smart enough not to put his name on it though. He has been caught with his hand in the cookie jar too many times to not know better.

    Pawns. Using people as pawns. Selling them an idea and preaching a cause to get them to do the dirty work. Do you think that when Kevin Kanieski goes to jail for this mess, he isn’t going start tossing people under the bus? When the fit hits the shan on this one, a whole lot of good ole boys are gonna smell like doo-doo.

    Who is the King Pin?

Leave a Reply

Your email address will not be published. Required fields are marked *