A judge in the San Diego challenge to the Francine Busby/Brian Bilbray U.S. House Special Election in California's 50th Congressional District has found in favor of the defendants' motion to dismiss the case based on jurisdictional grounds, The BRAD BLOG has learned.

We have covered the defendants' argument, that the swearing in of Bilbray --- just seven days after the election and a full 16 days prior to certification by San Diego County --- effectively transferred power to decide any election challenges from the California courts to the U.S. House of Representatives. Those arguments are discussed in detail in several previous BRAD BLOG articles (here, here, here and here.)

The defendants' attempts to force plaintiffs to cover the cost of attorneys fees (a so-called "SLAPP back" motion) was denied by Judge Yuri Hofmann based on the same jurisdictional arguments used to dismiss the case, according to the plaintiffs' attorney, Paul Lehto. Since the California court has no jurisdiction to adjudicate an election contest for a California U.S. House election, according to the court's opinion, it also has no jurisdiction to find against plaintiffs in the "SLAPP back" motion, explained Lehto.

VelvetRevolution.us is now collecting donations to help defray the cost of an appeal of this ruling.

Extended EXCLUSIVE comments on the judge's ruling today, from attorney Paul Lehto are below, followed by Hofmann's ruling in its entirety...

Guest blogged by Winter Patriot

Judge Yuri Hofmann of the California Superior Court is expected to rule this afternoon on the arguments presented Friday.

The plaintiffs in the CA50 Election Contest are asking for a manual count of ballots from the June 6th House special election, which was held to replace former Republican Congressman Randy "Duke" Cunningham, who resigned after being unable to contain the fallout from a major bribery scandal.

The defendants are arguing that California no longer has any jurisdiction over the election since the Republican U.S. House went ahead and swore in Brian Bilbray just 7 days after the election, with thousands of votes still uncounted, and certification still several weeks away...

Guest blogged by Winter Patriot

I have three Katrina-related items for you, from the New York Times, the Wall Street Journal, and Greg Palast, respectively.

NYT: Bush Cites Progress in Gulf Coast Visit

Guest blogged by Winter Patriot

We have two news articles and some analysis from Mexico:

BBC: Mexico court rejects fraud claim

Guest blogged by Emily Levy

You know by now that Brian Bilbray was sworn in as Congressional Representative before the June 6 election in San Diego County, CA was certified. You might even remember reading on The BRAD BLOG that the official swearing in was preceded by a public "mock" swearing in. You learned last week that this premature act is now being used by the defendants in the Busby/Bilbray election contest as an attempt to nullify the election in California's 50th district. But today (drum roll please) Michael Collins of Scoop Independent News reveals that it was Assistant California SoS Susan Lapsley (seen in photo) who provided the election results to the House.

Collins points us to the Congressional Digest...

Guest blogged by Winter Patriot

Sewell Chan, writing in today's New York Times, explains that a "full-face" voting system is one which shows all the races --- and all the candidates for each race --- on a single page.

Chan quotes Lawrence D. Norden, an associate counsel at the NYU's Brennan Center for Justice, as saying that adopting the DREs with a full-face requirement...

His conclusion is based on research conducted by Dr. David C. Kimball, a political scientist and a co-author, along with Norden and two others, of a report which was to be released today by the Brennan Center.

The NYT has more details, for subscribers only. But according to the NYT website, subscribing is free and easy. So click here if you're interested in the details.

It was a Queen of Hearts sort of a day in California on August 9, 2006. The Secretary of State's advisory panel was hearing public comments regarding the pending certification of the Vote-PAD, a non-electronic assistive device designed to help voters with disabilities mark and verify a paper ballot independently.

Voting integrity advocates held signs supporting the certification of Vote-PAD. They told of countless failures of computerized voting systems. They spoke about recent discoveries of easily hackable "back doors" into the vote totals on those systems, which have been certified. By contrast, "Vote-PAD is no more hackable than a #2 pencil," said one.

Notwithstanding this and the letters praising the Vote-PAD from dozens of people with visual and motor disabilities, the Secretary of State's staff was recommending against certifying the Vote-PAD for use in California.

Guest blogged by Winter Patriot

Today's Washington Post has an excellent piece by Dick Thornburgh (former Republican governor of Pennsylvania) and Richard Celeste (former Democratic governor of Ohio). I'll give you a short excerpt but I urge you to read the whole thing.

As I've been saying, there's more.

Blogged by Brad from the road...

In addition to Emily Levy's coverage here on Friday night, and Winter Patriot's coverage last Thursday (which includes actual briefs and letters filed in the case), Miriam Raftery filed a superb summation at RAW STORY today of where the Busby/Bilbray CA50 Election Contest stands as of last Friday's hearing. She includes several details which the Guest Bloggers here hadn't previously touched on --- including details on the defendants' attempts at a frivolous "SLAPP suit" against the plaintiffs --- so we recommend giving her piece a quick read.

The Judge on the case in San Diego, Yuri Hofmann, is to decide tomorrow on the defense's argument that the case should be tossed out on jurisdictional grounds because, they argue, the Constitution gives the U.S. Congress --- not California voters or California courts --- the right to ultimately adjudicate such election challenges...even before, as in this case, the election was actually certified by the county or the state. No, seriously, that's what Brian Bilbray's attorneys are actually arguing. Out loud.

Astute BRAD BLOG readers will recall my last bout with the far-right "conservative" Crane Durham on St. Louis' 97.1FM Talk on his ironically named "Nothing But Truth" radio show. Durham had invited me for his "Tuesday Night Fights" on the Fox News Radio affiliate station in my old hometown. And though I had thought the conversation would be about Electoral Integrity, it was instead about the war and whether or not Valerie Plame was indeed a covert CIA agent. Last time around we cleaned Crane's clock --- in both our own opinion, and that of all of his far-right listener/callers to boot! Even Durham himself, to his credit, admitted that he'd been bested. "I feel like Foreman after Ali," he would say after I hung up. Some fun radio here if you missed it the first time.

As I'm now in St. Louis myself for a few more days, Durham's peeps have invited me back for an in-studio mano-a-mano this time around. And so, I look forward to getting it on once again, this Tuesday night at 10pm PT (Midnight in St. Louis, Wed. 1am Eastern Time). Please feel free to tune-in online to see how things go. Should be fun. Will he best me this time? We'll see. I've been on the road for about a month, and thus, infrequently online in the bargain. So perhaps he'll have an advantage. He could use it.

Feel free to call-in to say hello (866-455-9797) if you wish. It'd be a nice change of pace from Crane's usual wingnut listeners!

Blogged quickly from the road by Brad...

I had to check in briefly for this one! Even while "out here" and still unable to do very much "in here". And especially with the Florida primary elections set for next Tuesday, September 5th.

The Daytona Beach News-Journal has endorsed Clint Curtis for next Tuesday's election over his primary candidate Dr. Andy Michaud who has shown up at almost ZERO campaign events over the last several weeks. He even failed to show up for a televised debate a week or two ago.

The News-Journal's full endorsement is fairly well done. They quickly cover Curtis' allegations (broken originally by The BRAD BLOG back in December of 2004) that Rep. Tom Feeney (R-FL) --- then the Speaker of the Florida House even while he was the registered lobbyist for the same computer firm Curtis worked at --- asked Curtis to create a computer vote-rigging prototype program back in 2000. Curtis now hopes to unseat the corrupt Feeney this November.

The last two grafs of their endorsement...

As The BRAD BLOG has covered the Curtis/Feeney claims extensively over the past two years (a quick summary of his story is here) and has yet to find a hole in Curtis' story --- though we have found one after another in Feeney's considerable dodges and dances and smears and refusal to take a polygraph test (as Curtis did and passed!) --- we join the News-Journal in heartily endorsing Curtis in the upcoming election.

Given Feeney's huge money advantage, we also recommend you support clean elections by supporting Clint Curtis with a donation if you can afford it. Feeney, who was/is a huge supporter of Tom DeLay's, "Duke" Cunningham and Bob Ney, will have plenty of money, of course, as he's the only Congressman left in the House who went to Scotland to play golf on Jack Abramoff's dime now that DeLay and Ney have had no choice but to move on.

Guest blogged by Winter Patriot.
Research assistance by Agent99.

British authorities investigating the alleged "liquid bombing plot" released two more (suddenly former) suspects last Thursday, charged one person, bringing the total now charged to 12, and extended the custody limit for the remaining suspects who are still being held without charges.

One of the two people released Thursday (August 24) had previously been described as "a potentially important figure" in the alleged plot, since his brother is (or was) supposedly the ringleader.

Allo, London? We're getting mixed messages here!

But then again ... what else is new?

Here's a welcome announcement from C-SPAN:

I was wondering if the 11:00 pm meant Eastern time, or what it did mean, and just as I was doing that, ka-blam: new email:

So now you know more than I do, and we're not even halfway through.

Guest blogged by Winter Patriot

I have been so busy (doing nothing) that I didn't even notice how long --- and how far down the page --- the most recent open thread is. Ah, life!

Fortunately, Agent 99 sent me a gentle reminder that it's about time for a new one --- and a great pic to get us started.

Guest bloged by Emily Levy

Judge Yuri Hofmann announced in his San Diego courtroom today that he will take the constitutional and jurisdictional matters of the CA-50 election challenge case under advisement and issue a ruling next Tuesday, August 29.

The first item up for consideration today in the election contest filed by Attorneys Paul Lehto and Ken Simpkins on behalf of two San Diego voters (and truly on behalf of all of us) was a defense motion for dismissal. Defense claimed that the San Diego court has no jurisdiction in this matter because the Constitution says, “Each House shall be the judge of the elections, returns and qualifications of its own members…” (Article I, Section 5). In other words, The House of Representatives gets to pick its members. (Who really needs elections, anyway?)

Lehto, in response, argued--as outlined here--that if the court has no jurisdiction, then Registrar of Voters Mikel Haas also had no jurisdiction to certify the election, given that certification happened after Bilbray was sworn in. (Yes, you heard that right.)

The defendants also argued that the court has no jurisdiction because plaintiffs had abandoned their recount efforts. According to Lehto, the request for a recount was filed properly within five days of certification of the election. Lehto says, "Jurisdiction was created by filing. That's all the statute says. There is no abandonment rule."

The judge is expected to rule on both the constitutional and jurisdictional issues on Tuesday.

From the courthouse by cell phone plaintiff Barbara Gail Jacobsen reported, "Paul Lehto and Ken Simpkins represented us very well today in court. Lehto said it's invading the sovereignty of the State if someone swoops in and swears the person in and then says there’s nothing you can do. I thought he made some very good arguments about upholding checks and balances in our system and standing up for the right of the people to make sure that elections are accountable. We the People of this country decide on who is going to represent us, and it’s through making sure that our elections are sound that we can know for sure that we have elected people that we want to transfer power to. In this particular case what Paul Lehto was trying to say is that the people's right to know if the election was properly carried out is being blindfolded and taken away by the other side."

We can only hope that before Tuesday Judge Hofmann will have the opportunity to read the rest of the Constitution. It could be enlightening.

Donations are still needed for the lawsuit and other efforts in California’s 50th District to fight the illegal June 6 election. For more information, go to nosleepovers.org.

UPDATE: We have another report of the day's proceedings, this one from Judy Hess of CA 50 Action Committee: