Democratic Early Voters Surging On Cincinnati's West Side: Oh-01 Lifeline For Steve Driehaus vs. GOP's Chabot



Data Shows Dem Oh-01 Voting Surge

 CINCINNATI (TDB) -- The so-called "enthusiasm gap" that had Republicans fired up and voting in droves while Democrats sat on their keisters has vanished in the heaviest populated portion of Ohio's 1st Congressional District.  Early voting data shows 15,604 Democrats have voted in Oh-01, a number that has blown past  Republican turnout.  The surge took place late last week and over the weekend.  The GOP now trails with 14,424 early voters.  Republicans had been ahead in the Oh-01 matchup for more than a month.  Nearly 60% of the early votes cast in Hamilton County -- which includes Cincinnati -- are in Oh-01, which indicates massive public interest in the mid-term House contest.  Steve Driehaus, a freshman Democrat, faces Republican Steve Chabot, who held the seat for 14 years.  Both are from Cincinnati's West Side, and their rematch is clearly SW Ohio's most closely watched.  If Dems show up for Driehaus, their votes in statewide races will help the statewide ticket from Gov. Ted Strickland on down.  Nearly 12,000 independent votes have been cast in Oh-01 ahead of Election Day -- if they break nearly even Driehaus has a chance.  Driehaus has been written off by many political experts and commentators.  But the numbers suggest that Democratic voters are hanging with him.  Of the 26,000 Democratic early ballots issued in Hamilton County through Oct. 30, 18,566 were in Oh-01 and 84% have been returned.

Democrats have also been showing up in greater numbers at the Hamilton County Board of Elections to cast ballots ahead of the polls opening on Nov. 2.  Through Oct. 30, there were 3,674 Dem votes vs. 1,024 Republican.  [UPDATE: 1:24pm -- At noon today, the board of elections reported the latest count at that downtown polling site, 3,828 D, 1,059 R.  These are walk-in voters.  The tide is still surging Dem on election eve.]  Some suggest this is an indication that the Democrats' ground game has traction, and that the party's get-out-the-vote efforts are delivering results.

Still, polls (the few that have been disclosed) have shown Chabot leading, but the Republican has cautioned his supporters not to grow overconfident.  Last week on his campaign blog, Chabot said "there is nothing certain in life" but sounded like he was pretty sure he was going to flush Driehaus.  At the time, nobody was sure if the voting surge by Democrats would arrive.  Everyone was talking about the enthusiasm gap.  Here's Chabot:

"We're less than a week away from what could be one of the most momentous midterm elections in history.  All indications are that the American people are chomping at the bit to change the direction the Obama Administration and the Pelosi/Reid Congress have been taking this nation.  I believe we will win our race, and we'll once again be represented by someone who truly believes in less government, lower taxes and fiscal responsibility.  However, there's nothing certain in life, and ultimately the voters of the First Congressional District have the final say, and they will deliver their verdict . . ."

Nat'l Right-to-Life Committee Attacks Ohio Law Punishing Political Smears: Riled By Driehaus Complaint Over OH-01 Billboards

Ohio Law Criminalizes Campain Lies

CINCINNATI (TDB) -- The Ohio Elections Commission plans to hold an initial hearing Thursday (Oct. 14) on Rep. Steve Driehaus' complaint he's been falsely accused of voting for federally subsidized abortions.  But the National Right to Life Committee, a Washington-based group, says the panel has no business examining the truthfulness of political advertising, apparently even false advertising.  Driehaus, a freshman Democrat representing Ohio's 1st district on Cincinnati's west side, faces Steve Chabot, who a Republican who held the seat for 14 years.  Driehaus beat Chabot in 2008.  Driehaus filed a complaint with the Ohio Elections Commission contending that the Susan B. Anthony List -- a pro-life PAC in DC -- lied when it posted billboards in OH-01 claiming he "voted for tax-payer funded abortion." 

Under Ohio law, the commission determines if a statement is false and made recklessly during a campaign.  Its purpose is to try and keep things clean.  The Ohio Elections Commission has been around for nearly 40 years, and Republicans and Democrats alike have turned to it to combat smears.  If it finds problems, it can issue a reprimand or refer the matter for criminal prosecution.  A conviction carries possible penalties of up to 6 months in jail and a $5,000 fine.  The National Right to Life Committee filed affidavits with the Ohio Elections Commission that contend the messages on the anti-Driehaus billboards are truthful.  It cites provisions of the federal health care law enacted earlier this year.  Driehaus and others say there is nothing in that law permitting tax-payer funded abortions.  Driehaus is a pro-life Catholic Democrat who worked at Xavier University, a Jesuit school in Cincinnati.  Douglas Johnson, federal legislative director for the National Right to Life Committee, says the Ohio Elections Commission shouldn't be able to enforce an Ohio law "reminiscent of the methods used to chill criticism in certain countries run by presidents-for-life."  Here's the full text of the National Right to Life Committee's attack on the Ohio Elections Commission:

"NRLC's Johnson offered these additional comments on the subject: 'It is outrageous the Ohio law allows an incumbent politician, like Steve Driehaus, to haul citizens before an appointed government tribunal, under threat of potential criminal prosecution, for expressing an opinion about the public policy implications of a vote that he cast in Congress.   This is an incumbent-protection law that is intended to intimidate critics, reminiscent of the methods used to chill criticism in certain countries run by presidents-for-life.  In America, anyone should be free to express their views on the effects of the bills that Mr. Driehaus voted for, without fear of criminal prosecution or fines.  Mr. Driehaus enjoys full freedom to dispute his critics, with the voters as the ultimate judges about whose claims are most credible.  Mr. Driehaus apparently does not trust the voters to see things his way, and so he attempts to utilize criminal-law strong-arm tactics in a pathetic effort to intimidate and gag his critics.'"

Democratic National Committee Ups Radio Buy To $3 Million: African Americans In Driehaus' District, 4 Other States Targeted

Rev. Lowery Will Invoke Dr. King

CINCINNATI (TDB) -- The DNC seems willing to spend in OH-01.  It is adding $1 million to a radio campaign aimed at black voters in Cincinnati and several other targeted cities across the nation.  In all, $3 million will be spent on spot featuring civil rights leader the Rev. Joseph Lowery, who was a close confidant of Dr. Martin Luther King Jr.  The script:  "In 2008, we changed the guard.  This year we must guard the change.  This is Reverend Joseph Lowery asking you to stand on the shoulders of those who came before you."

Freshman U.S. Rep. Steve Driehaus could be the beneficiary if Lowery's call to "guard the change" pulls African Americans to the polls.  Driehaus captured OH-01 for the Democrats by knocking of Steve Chabot, a Republican who held the seat for 14 years.  The congressional district covers Cincinnati's West Side and has a 30% black population.  When Obama ran in 2008, blacks voted in record numbers and Driehaus was swept into office.  If black voters don't show up this year, Driehaus could be toast.  Polls show him facing an uphill battle against Chabot.  On Monday, the Democratic Congressional Campaign Committee pulled the plug on $275,000 worth of Cincy TV time that it had reserved in OH-01.  The GOP then cancelled its time.  Many  viewed the DCCC's decision as a move to write off Driehaus and switch TV budget to more competitive districts.  But the DNC has stepped in to purchase more time for Lowery spots on urban radio, indicating that Cincinnati's OH-01 is still on the radar.   The Lowery spots will also help candidates up and down the Dem ticket.  African Americans are predominantly Democratic voters. 

Congressional Dems Reported Pulling Plug On Driehaus: $275,000 In OH-01 TV Time Said Canceled

CINCINNATI (TDB) -- If the respected Rothenberg Political Report has its facts right, then Steve Driehaus is losing access to the TV cash pipeline of his fellow House Democrats at a critical time. Driehaus is in a tough reelection race against Republican Steve Chabot, who lost the Cincinnati-area congressional seat two years ago. Chabot is looking for a comeback, and the Rothenberg piece says the House Dems -- who should be among Driehaus strongest allies -- have scrapped reserved time at channels 9 and 12 in the Cincinnati market:

"The DCCC has cancelled all of its reserved time at WKRC, the CBS affiliate in the market, for the weeks of October 19 and October 26. The Committee pulled over $200,000 worth of reserved time. The Committee also cancelled its time (over $75,000 worth of time) for those two weeks at WLWT, the NBC affiliate."

OH-01 covers the west side of Cincinnati and Hamilton County. It has a large African American population that usually votes Democratic. Driehaus rode the Obama wave into the House.  If Driehaus falls, and the seat switches back to the GOP, Chabot will vote to make John Boehner the House speaker.

UPDATE: 3:29 pm -- Plunderbund says the Driehaus campaign is still getting field work aid from the DCCC. The TV is gone. Driehaus folks say the reserved ad time on Cincy TV was let go because Chabot is not getting similar help from the House Republicans. Plunderbund suggests that both Chabot and Driehaus are being left to duke it out among themselves. I think this is bad news for Driehaus and a major miscalculation by House Democrats to slash TV spending for OH-01.  If Chabot isn't getting similar aid from the House (John Boehner) Republicans, then anything the Dems used for TV buys could help give Driehaus an upward bump with the electorate. Some $275,000 for TV ads would only strengthen his campaign, especially if Chabot could not match the TV spending. OH-01 is the most closely watched race among voters in SW Ohio. It is generating the highest interest and most sparks. A low turnout by Dems in the district could negatively impact  Democratic candidates up and down the ballot.  Today, the House Dems gave ammunition to the Boehnerites.

UPDATE 2: 4:03 pm -- NBC's Chuck Todd says Driehaus is the first congressional Democrat to lose DCCC support this year. He said the national House Dems view OH-01 as hopeless: "But with the DCCC now out, it's fair to say the national party doesn't have a lot of confidence in its chances of Driehaus holding. In other words, he's being written off. There are a number of Democratic-held House districts the DCCC will be making tough choices about in the next few days because if they want to pull BACK a buy they promised a specific TV station, there's no penalty if they do it in the next few days. It all depends on the market and the specific TV station's rules. In the case of the Cincinnati market, the DCCC had to make its final decision earlier this morning and that's how this news leaked out."

OH-01: Flawed Cincinnati Enquirer Poll Undercounts African Americans To Give Steve Chabot Lead Over Dem Driehaus



Oho 1st District Demographic Data (2008)



CINCINNATI (TDB) -- Nearly a third of the residents in Ohio's 1st Congressional District are black.  Most are clustered in neighborhoods on Cincinnati's urban west side and older Hamilton County suburbs.  The Census Bureau estimates about 599,000 Ohioans live in OH-01, and says 180,000 are African American.  Because it covers Cincinnati's urban core, the 1st District has one of the highest concentration of black voters in the United States.  A demographic data fact sheet is easily accessible online from Ohio State University(pdf), which published the info for a previous election cycle.  The district's racial makeup is a widely known fact.

Yet the Cincinnati Enquirer massively headlined a poll Sunday that looks to have seriously under counted African American voters in the Gannett Co. Inc. newspaper's own backyard.  Its sample of 594 likely voters skewed 16% black.  That is a huge divergence from reality in OH-01 -- which is 30% African American.  The poll sample was 78% white, again a tilt away from reality on the ground.  The newspaper reported Republican Steve Chabot had a 12-point lead over U.S. Rep. Steve Driehaus, the Dem elected in 2008.  It did not report that a prior poll showed Chabot with a 17-point lead.  The Enquirer is supporting Chabot.  And some are wondering:  Has the GOP bias that is openly practiced on its editorial page tiptoed into its news pages?  Driehaus beat Chabot in 2008 and is finishing his first term.  Their rematch is the most closely watched contest in SW Ohio.  Data in the SurveyUSA election poll tabs show that only 16% of those queried about the Driehaus-Chabot contest were black. SurveyUSA has made the full-text of its most recent Driehaus-Chabot poll available online. SurveyUSA contends black voters are not motivated to turn out this year, thus giving a huge edge to Chabot.  The poll was conducted last week.

But there is more to the story.  If an earlier SurveyUSA poll is analyzed -- which is something the Cincinnati Enquirer failed to do -- the numbers show Chabot is less popular today than he was before he started running to reclaim OH-01.  Ten months ago, a Driehaus-Chabot race went to Chabot with 56% of the vote -- Chabot had a 17-point margin.   In that SurveyUSA poll, which was conducted for the left-leaning political blog Firedog Lake, Chabot was a shoo-in. Those results are here. The poll noted the importance of the black vote, and 21% of those surveyed were African American. That is a much higher percentage than were contacted for the Cincinnati Enquirer poll, a poll that was so highly touted by the newspaper. Indeed, the earlier poll placed a prime emphasis on the black vote on OH-01:

"African Americans are estimated to be 21% of likely voters in this model. For every percentage point that black turnout is higher in 2010, the Democrat will outperform these results by approximately 1 percentage point. For every percentage point that black turnout is lower in 2010, the Democrat will under perform these results by approximately 1 percentage point."

That means OH-01's black voters are a critical component of the Driehaus electoral base. If they show up, he wins. It is a fact that the Cincinnati Enquirer seems to have ignored. There is a month to Election Day, and Driehaus is not toast. He's in a huge battle with Chabot, whose own popularity has faded by three points since January, according to SurveyUSA.

The polling firm does issue a caveat about its numbers.  It says that many people couldn't be contacted because they don't have home phones, and its numbers are accurate only to the degree they involve those with home phones.  In OH-01, many people use cellphones, it is a fact of life in urban America.   SurveyUSA noted:

"In theory, one cay say with 95% certainty that the results would not vary by more than the stated margin of sampling error [+/- 4.1%], in one director or the other, had the entire universe of respondents with home telephones been interviewed with complete accuracy.  There are other possible sources of error in all surveys that may be more serious than sampling error:  These include the difficulty of interviewing respondents who do not have a home telephone; the refusal by some with home telephones to be interviewed; the order in which questions are asked; the wording of questions; the way and extent to which data are weighted; and the manner in which specialized populations, such as likely voters, are determined.  It is difficult to quantify the errors that may result from these and other factors."

UPDATE: 3:27 pm --  CityBeat's Kevin Osborne has a link to the Daily Bellwether's take on the Enquirer poll conducted by SurveyUSA. Osborne's headline agrees that the there was a flaw that undercounted African American voters in Cincinnati's West Side congressional district. I will also add that there are several black candidates who are running for various offices in Hamilton County that could gin up Democratic turnout in OH-01. Judge William Mallory is seeking election to the Ohio Court of Appeals, where he is the first African American to sit in the court's history. Judge Nadine Allen is running countywide, too, for a seat on the Common Pleas Court. And State Sen. Eric Kearney is running for reelection to a legislative post whose district boundaries overlap in part with OH-01. The presence of Mallory, Allen and Kearney on the ballot should help Driehaus by drawing black Democrats to the polls.

OH-01 Early Voting: Current Stats Show GOP's Chabot Likely Gains From Absentee Surge

CINCINNATI (TDB) -- The rematch between Democrat Steve Driehaus and Republican Steve Chabot for the OH-01 House seat on Cincinnati's west side appears to be drawing massive voter interest. Hamilton County Board of Elections data [see computer printout] through last weekend shows Republican voters have requested 3, 973 absentee ballots. That is nearly 25% more than Democrats. In the entire county, 18,544 absentee ballots have been pulled, with 12,293 in OH-01 and 6,251 in OH-02, where Republican Jean Schmidt is seeking re-election. Clearly, the Driehaus v. Chabot showdown in this year's heavyweight contest. A total 5,230 ballots in OH-01 have gone to voters identified as independents.

Early voting starts Sept. 28 in Ohio, and Chabot may turn out to be the beneficiary. Things look especially good for him in traditional Republican suburbs. Nearly 1,000 ballots have been requested Colerain Township -- 114 Dem; 382 GOP; 467 Indy. In Green Township, 1,980 ballots have been pulled -- 226 Dem; 888 GOP; 869 Indy. In the City of Cincinnati proper, which votes Democratic, more Dems have requested ballots than Republicans. But the city is geographically divided between OH-01 and OH-02, and there is no data showing who is the likely beneficiary. Driehaus probably.

Ohio's Blue Dog Congressional Democrats: Should They Get The the Boot?

COLUMBUS (TDB) -- So who are the Blue Dogs in Ohio? Zack Space and Charlie Wilson are rather conservative rural Democrats when compared to their urban counterparts. And Steve Driehaus, the Cincinnati-area state representative who hopes to knock off Republican stalwart Steve Chabot in OH-01, is pro-life. Glenn Greenwald writes in Salon that the Democratic party's progressive base gets the back of the hand from the Blue Dogs. He says they should be driven away from power in Congress:

"On key issue after key issue, it is the Bush White House and Republican causes that have received virtually everything they wanted from Congress, while the base of the Democratic Party has received virtually nothing other than disappointment and an overt repudiation of its agenda . . .

"At the moment, the Blue Dog contingent is dominant in the Democratic caucus and drives much of what the caucus does. The more Blue Dogs there are in the Democratic caucus, the more dominant they will be. Changing the face of Congress requires, first and foremost, that the face of the Democratic caucus change, that its strategic incentive scheme be altered. Until progressives make Democratic leaders pay a price for their allegiance to the right's agenda -- the only price that politicians recognize: having their power diminished and jeopardized -- then none of this will change. It will only continue to worsen."

OH-01 GOP Steve Chabot: Lawsuit Claims He Has Superhuman Powers

CINCINNATI (TDB) -- That's not U.S.Rep. Steve Chabot in the picture above. It's actor Claude Rains playing the Invisible Man in the 1933 science fiction classic. But a lawsuit filed against Chabot in federal court has the flavor of the movie -- it claims the Republican congressman has a cloak of invisibility that was developed as a secret weapon by the U.S. Air Force. According to the complaint, the weapon was invented at Wright-Patterson Air Force Base near Dayton.

So far, no comment from Chabot, a conservative from Cincinnati's West Side who is seeking his seventh term. A constituent named James G. Carlton filed the civil suit last week in U.S. District Court in Ohio. Carlton -- who is acting as his own lawyer -- wrote:

"The plaintiff [he meant defendants] in this case have developed invisible and undetectable weapon and cloaking devices and invaded my house and privacy. They have doctors, hospital drugs, all down in some secrecy. They have used every office of local, state and federal to harass me. They aim to control the world. God help us all."

Chabot is not known for superpowers. He is somewhat notorious for a comb over, a hairstyle that has become a trademark. And if Chabot has a cloak of invisibility, he wouldn't have been accused -- wrongly it seems -- of being the congressman caught picking his noise and eating a booger on the House floor. That time, Chabot appears to have been the victim of a misguided fingering.

Politics Does Make Strange Bedfellows: OH-01 GOP Steve Chabot Is Praising Nancy Pelosi

CINCINNATI (TDB) -- Conservative Republican U.S. Rep. Steve Chabot says he's full of admiration for Democratic House Speaker Nancy Pelosi, who last week stood with the Dalai Lama and ripped the Chinese crackdown in Tibet. Chabot, OH-01, serves on the House Foreign Affairs Committee and issued a press release that says he "praised" Pelosi. He is not often prone to use language that speaks highly of Democrats, but Chabot says she was right to stand up for human rights.

"Freedom is a non-partisan matter. The Chinese government must respect the rights and human dignity of the Tibetan people."

Chabot, who represents Cincinnati's West Side, chairs the Congressional Taiwan Caucus. He has been a critics of China for years. He says China's actions in Tibet are "one more example of why the U.S. State Department should not have removed China from its list of the world's worst human rights offenders."

Earlier this month, China seems to have gotten a break on the annual report of human rights abuses in nation's across the world. There is widespread speculation that the Bush Administration eased up on its criticism of China because it didn't want to embarrass that nation ahead of this summer's Beijing Olympics.

OH-01 GOP Steve Chabot: Newt's Coming To Root

CINCINNATI (TDB) -- Former House Speaker Newt Gingrich -- who's been blasting Democrat Barack Obama for consorting with "hard-left intellectuals" -- is headed to Cincinnati. He's scheduled for a Wednesday fundraiser at the downtown Hyatt Regency, an event that includes a $1,000 per person VIP reception. Newt never jumped into the 2008 presidential contest, dashing the hopes of many conservatives. Instead, he's been dashing around the nation raising money for House GOP veterans like Steve Chabot who are facing tough 2008 contests. Details about the Chabot event are available on the Hamilton County Republican Party web site.

Gingrich has his own online operation, where he hawks everything from autographed copies of his books to faux Speaker's gavels engraved with his name. He also has this slogan posted: "Real Change Requires Real Change." Chabot is running for a sixth term against Democrat Steve Driehaus, a state legislator whose been raising serious cash in a district targeted by the DCCC's red-to-blue campaign. Thus, any mention of the need for real change probably won't come up during Gingrich's stumping for the OH-01 Republican incumbent. Newt has been delivering red meat lately -- bashing Obama's pastor, whom he says is not a racist but an avowed leftist.

"First of all, nothing Pastor Wright said was racist. Pastor Wright was saying what all hard-left intellectuals, whether they're white or black or brown or Asian or whatever their background -- if you go out and read what the hard left says to itself, it is a consistent diatribe against the United States. It consistently condemns the United States.

"There are people -- I talked to somebody tonight who pointed out 10 years ago, they went to a college commencement in the north at a liberal college where a substantial number of people would not stand up for the Pledge of Allegiance or for 'The Star Spangled Banner.' I mean, this is nothing new. The fact that it happens to be African-American is irrelevent. This is a normal diatribe, a normal assault on America and it's common for a substantial number of hard-left people."

OH-01 GOP Steve Chabot: Aide Used U.S. House E-Mail System To Recruit Campaign Workers

CINCINNATI (TDB) -- Chris Good at the Capitol Hill newspaper The Hill breaks a story about Republicans abusing the U.S. House e-mail network for political purposes. They messaged congressional offices seeking campaign workers to make phone calls for the Republican National Committee: "If you have interns sitting around today, please send them over to the RNC . . . to phone bank for Oberweis." An aide to Steve Chabot, R-OH-O1, forwarded the e-mail on the House system.

The message was sent Friday to round-up some last-minute workers for Jim Oberweis, a Republican running for the Illinois seat vacated by former House Speaker Dennis Hastert. Oberweis lost in a special election Saturday. Chabot's aide apparently violated House rules Friday when he forwarded the message on the House e-mail server. The Cincinnati congressman's spokesman, George Cecala, apologized for the incident:

"It's not our office policy to conduct business this way . . . We apologize if there was an appearance of impropriety, which was certainly not our office's intent. We apologize to the folks back home. We work hard to make sure that our staff is fully informed on the proper procedures."

The Hill reported that the e-mail's arrival from the RNC could run afoul of a House rule that says, "Official resources of the House must, as a general rule, be used for the performance of official business of the House, and hence those resources may not be used for campaign or political purposes."

OH-01 GOP Rep. Steve Chabot: With House Dems Censuring Musharraf

CINCINNATI (TDB) -- Conservative Republican U.S. Rep. Steve Chabot, who represents Cincinnati's west side, has joined 18 Democrats sponsoring a measure that strongly condemns Gen Pervez Musharraf's power grab in Pakistan. Chabot is the only Ohioan whose name is on the House resolution calling for restoration of constitutional government, the release of opposition leaders and a fresh review of all U.S. financial and military aid. Two other Republicans have signed on. The resolution stops short of saying Musharraf should step down, and notes that Pakistan has been a key ally in combating Al Qaeda and the Taliban. Still, it expresses deep disapproval of the move toward dictatorship.

Surprisingly, Chabot has not said much - if anything -- about the resolution condemning Musharraf, which was filed when the crisis began 10 days ago. There's been no press release, no discussion on his House Web site, and no media coverage. He is running for reelection next year, and his concern about human rights and the rule of law in Pakistan would seem to be an issue that would put him in good stead with voters. Perhaps he doesn't want to be seen as cozying up with Democrats. One of HR 810's co-sponsors is Democratic Congressional Campaign Committee chair Chris Van Hollen of Maryland, who has targeted Chabot for defeat next year and has been running ads in Cincinnati that call Chabot a Bush patsy. Apparently, they do agree on at least one thing: Musharraf is a tyrant.

The resolution calls for Pakistan to protect the security of opposition leaders, and specifically mentions former Prime Minister Benazir Bhutto, who has been in and out of house arrest and has become the leading foe of Musharraf's government.

A similar measure is pending in the Senate, where Democrats John Kerry and Joe Biden have publicly upbraided Pakistan's president. Chabot has been a member of the House Pakistan Caucus, which is supposed to foster closer ties between that nation and the U.S. But it also is a channel for Pakistani Ameicans to lobby members of Congress.

Cincinnati's Brief In Chabot Sit-In Appeal: Protest Could Not Stop Combat In Iraq

CINCINNATI (TDB) -- Cincinnati prosecutors have urged a state court of appeals to uphold the criminal trespass convictions of four anti-war protesters who refused to leave U.S. Rep. Steve Chabot's congressional office last year. The city contends the peaceful sit-in had no effect on U.S. policy, and could not have stopped the war in Iraq.

"At the close of evidence, the jury heard the testimony of the appellants. Through cross-examination, they say it showed that it was not reasonable to argue that the harm appellants wished to prevent -- further killing in Iraq -- could have been prevented by their actions. They admitted that their actions were meant to sway Congressman Chabot to sign the declaration and hopefully influence other politicians to take action to end the war. . . . They knew this was not an immediate goal, one that would take time. Sister Jegen described the anti-war activities as a 'movement.' Mrs. Wolf described it as 'a swell.' None of these descriptions is of an imminent personal emergency or crisis. They are self-professed political views, which have been expressly rejected by the courts as a necessity that invites the commission of a crime."

The four protesters -- Greg Flannery, Ellen Dienger, Barbara Wolf and Sister Mary Jegen -- occupied the OH-01 Republican congressman's office in a downtown tower in September 2006. They wanted him to sign the Declaration of Peace. Chabot was in Washington at the time and the protesters vowed to remain until his return. Police removed them from the building around 8 p.m. They were convicted in Hamilton County Municipal Court earlier this year. The case is now in Ohio's 1st District Court of Appeals.

City Prosecutor Jay G. Littner wrote in his appeals brief that the war protesters' actions were no different than anti-abortion protesters -- and he cited a line of cases showing abortion protesters can be convicted of trespassing for activities outside clinics.

"Abortion protesters across the country have maintained they have a privilege to tresspass on the grounds of abortion clinics due to the necessity of preventing the loss of life. The justification of necessity, however, applies only when a defendant seeks to prevent 'a legal harm or evil as opposed to a moral or ethical belief of the individual defendant.' . . . In both anti-war and abortion cases, courts have emphasized that necessity must be based upon a real emergency in which there are no other solutions."

Littner added that the Chabot protesters believed in their cause, but it did not override the law.

"The state does not argue that the appellants lacked credibility; their views were heartfelt and sincere. But this did not weaken the state's proof of guilt beyond a reasonable doubt."

The protesters believe they were denied a fair trial in Cincinnati. The appeals court has not yet set oral arguments on the case. Chabot supports the war and is seeking reelection next year. President Bush was in town last month for a fundraiser that put money in the bank for Chabot's reelection bid.

Ohio Gov. Ted Strickland: Helps OH-01's Driehaus During Cincy Visit

CINCINNATI (TDB) -- Ohio Gov. Ted Strickland is spending a big chunk of Wednesday and Thursday in Cincinnati, where he plans to attend the groundbreaking of a new performing arts school. Today he will help officially launch the congressional campaign of OH-01 Democrat Steve Driehaus. There are also questions about whether Strickland plans to show up at a major fundraiser for Hillary Clinton in Indian Hill tonight. A co-sponsor of that event is Cincinnati Mayor Mark Mallory, who is Strickland's host and tour-guide in Cincinnati for much of the visit. The governor hasn't publicly revealed his preference in the 2008 presidential primaries. If he appears alongside Sen. Clinton does that mean he's tipped his hand?

As for Driehaus, the state rep says he plans to bill himself as a 'fiscal conservative' for the contest against Republican U.S. Rep. Steve Chabot, who has held the Cincinnati west side seat since the mid-1990s and looked unbeatable until 2006 when he edged City Councilman John Cranley, 52-48. In 2008, national Democrats see OH-01 as one of the most competitive races in the U.S., and national Republicans view Chabot as vulnerable. But strategists in both parties say the contest is likely to be affected by presidential campaign coattails -- a strong Demo national ticket might help sweep Chabot away. On the other hand, a ticket out of synch with Ohio would boost the incumbents chances. Conventional political wisdom holds that coattails aren't important anymore -- but OH-01 appears to defy conventional wisdom.

Driehaus is being term-limited out of the state House. Strickland can help him raise money and attract attention. The governor grew up near the Ohio River in Scioto County, about 110 miles upstream from Cincinnati, and often speaks of of his great affection and interest in the Queen City. Not long after he took office in January, the state' official Web site was changed to display a photo of Cincinnati's riverfront when the portal is opened. He plans to be an active supporter of the campaign.

The Hill, a newspaper that serves Capitol Hill, had a long take out about the OH-01 contest earlier this year. It pointed out that the Democrats have targeted the seat.

OH:O1: House Lawyers Intervene For Rep. Chabot

CINCINNATI (TDB) -- The U.S. House counsel's office intervened in Hamilton County Municipal Court to block Republican Rep. Steve Chabot from appearing next week at the criminal trespassing trial of five anti-war protestors. The motion to quash a subpoena contends he is too busy to be a witness. Chabot is a pro-war lawmaker. The five staged a sit-in at his Cincinnati office last September.

Greg Flannery, an alt/weekly newspaper editor who helped organize the sit-in, said there will be a hearing on the House motion before Judge David Stockdale tomorrow. Stockdale last week blocked Flannery from calling former Defense Secretary Donald Rumsfeld as a material witness, but ruled that Chabot must testify.

During that court hearing, the protestors' defense lawyer, Bill Gallagher, offered to go to Washington and take Chabot's testimony in a sworn deposition. Today, House lawyers cited the press of official business as the reason Chabot should be excused from the subpoena he received on Oct. 22 while campaigning outside a Bengals football game at Paul Brown Stadium.

"Now, at the 11th hour, he claims he is too busy to testify,'' Flannery said.

The trial is set for Jan. 22. The defendants are Ellen Dienger, Sister Mary Evelyn Jegen, the Rev. John Rich, Barbara Wolf and Flannery.