More on NoyGate

Nathan Noy, the write-in congressional candidate who filed five Ohio Elections Commission complaints against U.S. Rep. Jean Schmidt is not giving up on his claim she or her campaign fabricated a finish-line photo of the 1993 Columbus Marathon.

Noy said today that he plans to ask the Elections Commission to subpoena several people who helped her during her runs for state legislature because the disputed photo first appeared on her 2000 campaign web site.

Among those to be subpoenaed, according to Noy, are former Ohio House Speaker Larry Householder and his chief of staff, Brett Buerck.

Buerck had no immediate comment, but needless to say wasn't happy about getting dragged into Noy's legal quagmire.

The Elections Commission plans an evidentiary hearing next Thursday, Sept. 7 at 10 a.m.

Here is a copy of Noy's email sent to Buerck today:

Brett,

If you follow the news at all these days I’m sure you’ve seen that I’m going after Jean in the OEC for the fabricated photo she has on her website regarding the 1993 Columbus Marathon. I’ve tracked down another runner from the race and I believe I’ll be producing an alternative photo that does not show her in the same pose as the one I know is a fake.

My preference is to keep your name out of this. I know you’ve been through enough and you and I share some mutual friends. However, it is critical for me to know who doctored the picture. You were a proverbial genius back in the day and our team has a good faith belief you are behind this. However, like I said I’d rather keep your name out of the public spotlight if at all possible.

I assume Exxicte did the photo, but I’m not sure. Later today we will issue subpoenas and release information to the press. Jon Craig at the Enquirer is hot to trot for this story and it will be a headliner for him. I am faced with two options:

(1) Subpoena you to testify at the September 7 hearing at the OEC or
(2) Ask that you tell me who doctored the photo and hope they are willing to admit to it and leave out your name.

Since you are a law student you obviously know that the Character and Fitness Committee will be made aware if you dodge a subpoena or lie under oath to the commission. I think your best bet is to talk to the person that doctored the photo and ask they come forward. Jean is the only one facing charges here and I promise not to pursue anyone else on my end.

Please let me know what you are inclined to do by the end of the day. I have a meeting at 4pm to set the subpoenas. I apologize for the short notice but Joe Braun pushed the hearing date and I just tracked down your contact info this morning.

Again my preference is to keep you out of this. But I will not rest until the truth comes out.

Regards,

Nate Noy


Noy told the Enquirer:

"I tried to do the 'right' thing and give Brett an out by letting him disclose to me who actually doctored the photo.

He responded by requesting a phone call then proceeded to tell me that he considered this a 'threat.' He also said he has released this to the media, the Ohio Bar and the OEC. However, he never denied making the photo. He also told me 'I have a ton of money in the bank and I’ll use every penny of it to hire a team of lawyers to defend myself.' He then told me to 'go ahead and subpoena me.' So, I most certainly will.

My only goal in this remains at getting to the truth. As Jefferson said: 'For here we are not afraid to follow truth wherever it may lead.' and 'It is error alone which needs the support of government. Truth can stand by itself.'"