Guest Blogged by Alan Breslauer

Amy Goodman's introduction to Democracy Now's coverage of "Winter Soldier":

JON MICHAEL TURNER: 3rd Battalion, 8th Marines.

-- Brad Friedman

Sequoia Voting Systems' legal threats against Princeton computer science professors and New Jersey election officials, as we reported in exclusive detail last night, have apparently had their intended effect.

The strong-arm email sent to professors Ed Felten and Andrew Appel was apparently accompanied by a two-page letter to Union County, New Jersey, Clerk Joanne Rajoppi, who originally discovered a tally failure in Sequoia's AVC Advantage touch-screen voting machines after the February 5th Super Tuesday election. The same error was subsequently discovered in at least five other counties.

Mercer County Clerk Paula Sollami-Covello tells the New Jersey Times that Sequoia's decision to block an independent analysis of its touch-screen voting machines makes no sense if the firm is confident that they work properly.

"I think it's unfortunate that they're not letting an independent investigation take place," Sollami-Covello tells the paper this morning. "They should have no problem with having a third party investigate the product if they are confident in their product."

Another Mercer County, NJ, official sent a letter to the state Attorney General criticizing Sequoia's bizarre explanation for failures discovered in the systems following state's recent Primary Election, characterizing what he describes as the company's "strange, confusing solution." He said the company's explanation for the problem, which succeeded in blaming voters and poll workers as usual, was based on a "bizarre scenario, with no cited evidence or testimony" to back it up.

While NJ's state clerks association had voted unanimously to recommend that the Attorney General commission an independent study of the machines --- the same ones which will be used across the state of Pennsylvania in next month's key Democratic Primary Election --- Union County's plan to move forward with their own study has been nixed due to the legal threats sent from Sequoia's VP of "Compliance/Quality/Certification" Edwin Smith, according to a number of New Jersey papers today.

Amazingly (or perhaps, not so much at this point), Union County's attorneys folded to the pressure from the company, which claimed that Election Officials in NJ --- who spent millions on the voting systems --- are not legally allowed to examine them independently because "the voting machine software is a Sequoia 'trade secret' and cannot be handed over to any third-party."

Fear of a lawsuit from Sequoia, which will also control the state's elections in an upcoming June primary, as well as the November general election, has led to county attorneys backing down from their plans for the time being, unless the state AG jumps in to take action.

In the threatening email from Smith to the Princeton professors sent last Friday, as posted here in full last night, the company executive threatened legal action if a "non-compliant analysis" of their voting systems was carried out. "We will also take appropriate steps to protect against any publication of Sequoia software, its behavior, reports regarding same or any other infringement of our intellectual property," Smith warned.

The Star-Ledger reports the latest, almost mind-numbingly incredible, developments in your democracy, now fully and completely in the hands of privatized corporate America, this morning...

From Washington Post today...

But then again, it's not actually about experience or knowledge, as you know, it's about the image of having any...

And so it goes...

UPDATE: Think Progress has more, including audio of McCain making the same misstatement on right-wing Hugh Hewitt's radio show earlier. So it wasn't an accidental "gaffe". It was a fundamental misunderstanding --- by the man regarded by the mainstream corporate media as having the most foreign policy expertise among all of the major American Presidential candidates --- of a key issue at the very heart of one ongoing war in Iraq, and at the very heart of a possible second one in Iran.

Guest blogged by Jon Ponder, Pensito Review.

The Worst Vice President Ever goes to Baghdad and says:

Meanwhile:

-- Brad Friedman

Sequoia Voting Systems has sent a legal threat to Princeton University computer science professors Ed Felten and Andrew Appel warning them of legal action should they proceed with an analysis of New Jersey's touch-screen voting machines as unanimously recommended last week by an association representing election clerks across the state.

In a terse email sent last Friday, obtained today by The BRAD BLOG, Sequoia's Edwin Smith, Vice-President of Compliance/Quality/Certification, warns the university academics that the company has "retained counsel to stop any infringement of our intellectual properties, including any non-compliant analysis."

"We will also take appropriate steps to protect against any publication of Sequoia software, its behavior, reports regarding same or any other infringement of our intellectual property," Smith threatens.

The email from Smith to Felten and Appel is posted in full at the end of this article. Felten has confirmed its authenticity late this afternoon.

The call by state election officials for the independent study of Sequoia's AVC Advantage touch-screen machines comes in the wake of a recent finding that the systems mistallied voter turnout totals across at least six different counties in New Jersey's February 5th Presidential Primary Election. During a post-election canvass, it was found that the number of voters for each party, as reported by the internal printouts on the electronic voting machines, failed to match totals on the internal memory cards inside the same systems in a number of instances across the state.

Sequoia's explanation for the problem, essentially blaming voters and poll workers for pushing a complicated series of buttons, was found lacking by the state election clerks.

The discovery of mistallies followed on previous embarrassment for Sequoia and New Jersey when several machines failed to boot up at all on the morning of the Super Tuesday Election, causing a 45-minute delay for NJ's Governor John Corzine before he was finally able to cast a vote at his polling place in Hoboken.

The very same Sequoia AVC Advantage systems which failed in New Jersey, will be used across Pennsylvania in that state's upcoming --- and rather important --- Primary Election next month.

Sequoia has good reason to be concerned about what may come of an analysis by professors Felten and/or Appel. Both of them have previously detailed major voting machine security flaws, and the ability to easily hack into such systems made by both Sequoia and Diebold Election Systems...

Guest blogged by Jon Ponder, Pensito Review.

So now what?

(Hat-tip BRAD BLOG comic sherpa, Pokey Anderson)

Guest Blogged by Gary Beckwith of Vermonters for Voting Integrity, The Election Justice Center and The Solar Bus...

Yet another independent study by computer security experts has concluded Diebold's Optical-Scan election system is vulnerable to hacking and rigging. This time it's the Voting Technology Research Center, at the Department of Computer Science at the University of Connecticut. Their conclusions will sadden anyone who values democracy. Here are a few quotations from the report titled, "A Case Study in Optical Scan E-Voting":

Click here for the full report.

There are now at least 5 major independent studies like this. It's becoming like "beating a dead horse." But it's not a horse, it's the door of our election officials offices that are being pounded on, and they are simply ignoring the call. We know that our state's election authorities are reading these reports. So the question is, why do they ignore the experts and leave our democracy at risk?

I'm from Vermont, a place you'd think the election officials would do the right thing. But the fact is, that many people have written to Secretary of State Deb Markowitz and Director of Elections Kathy DeWolfe about this. (click here for their contact info if you want to write to them yourself) Many people have asked them, "when are you going to institute random audits on the elections, like all of these studies recommend?"

Their answer is becoming more and more embarrassing...

By Brad Friedman from Phoenix, AZ...

With more than 3,000 counties in the United States of America, only heavily Republican Warren County, Ohio --- one of the last to report election results in the Buckeye State that night --- took action on Election Night 2004 to lock out members of the public and the media from their tabulation room.

The president of the county's Board of Commissioners claimed at the time that during a "face-to-face meeting between the FBI and our director of emergency services we were informed that on a scale from one to 10...Warren County in particular was rated at 10, 10 being the top highest risk."

Nobody, however, in Warren County has ever named the supposed FBI official who gave the warning, and to this day, the director of the county's Department of Emergency Services, Frank R. Young, will not reveal the name of the official with whom he claims he spoke, even as the FBI maintains "there was no information given to Warren County of an imminent terrorist threat to that county or to Southern Ohio," and that "None of our agents...advised of any type of any terrorist threat or anything like that."

Additionally, no one has ever been held accountable for what happened.

During The BRAD BLOG's exclusive interview last December with Ohio's new Secretary of State, Jennifer Brunner, she was asked about the infamous Warren County Lockdown and encouraged to investigate the matter to ensure something similar would not be allowed to occur during the 2008 election. She noted that she was still "troubled" by the '04 incident and "[couldn't] find any justification for it."

"We'll look again at that situation and see what the best course of action is to prevent it from happening in the future," she promised at the time.

The Cincinnati Enquirer picked up on that section of our interview at the time, and now, going on four years since the Lockdown occurred --- first reported by The BRAD BLOG on November 8, 2004 --- a mainstream corporate media outlet has finally taken the issue seriously enough to devote some resources to a legitimate investigation.

Jon Craig's investigative report in Sunday's Cincinnati Enquirer notes: "Among those locked out were an Enquirer reporter, a TV reporter, and a stringer from the Associated Press." He goes on to report that "(t)he AP had stringers at all 88 boards of elections, and only in Warren County were they not allowed in."

Despite a misleading summary early in Craig's article, asserting the paper has "learned...A casual conversation about terrorism between the county emergency services director and a friendly FBI agent in a parking lot may have been the final trigger for the lockdown," what's clear is that to this day, no one from the FBI has ever come forward to substantiate Young's claims. Even today, while Young is taking responsibility for recommending the lockdown, he's sticking to his story that it was his conversation with an FBI official --- whom he still refuses to name --- that led him to his decision.

Both the FBI and the Warren County Sheriff tell Craig that Young's claims, essentially, are complete bullshit...

Blogged by Brad from Phoenix, AZ...

"Alegre", a longtime Daily Kos diarist, has called for a writers' strike at the world's largest supposedly-Progressive blog site, due to what she says has become a "hostile environment" for pro-Clinton supporters.

She writes that the place has become "little more than an echo chamber with an attitude that harkens back to the early days of Dubbya’s administration - yer either with us or yer a’gin us, heh!"

We don't know whether that's the case or not, since we haven't much followed what goes on at dKos for years for our own personal, if not necessarily unrelated, reasons.

If you really want to get the attention of a blog owner, however, we'd suggest a readers' strike is far more likely to accomplish that goal, since the business model for such operations relies on reader traffic to help set ad prices.

Want to make sure the folks running dKos take notice of your concerns? Stop hitting those pages in big numbers --- yes, even checking for new comments counts as a new page view for advertisers --- and believe us, they'll notice. That is, if you believe getting at their bottom line is useful towards getting them to behave more responsibly --- and more progressively --- over there.

[Full Disclosure...since we believe in such things, even if the owner and front-pagers at dKos do not...

Blogged by Brad from Phoenix, AZ...

Enjoy that one? If so, be sure to check out this modern satirical classic from The Onion, as posted a week or two ago!

(Hat-tip Philip Shropshire...)

I'm in Phoenix tonight to appear at a Q&A, along with filmmaker David Earnhardt, following a screening of Uncounted: The New Math of American Elections.

The event is sponsored by KPHX 1480 and will be hosted by their own Cynthia Black of ActionPoint. If you're within spitting distance of Scottsdale/Phoenix, come on by and spit on us at 7:15pm @ Harkins Camelview 5 in Scottsdale. More details and advanced tickets right here...

(As ever, we're on our own dime, so if you can help with gas money we'll take it! Here's our latest cool fundraiser premium offers which include a copy of the Uncounted DVD, signed by the filmmaker, for folks who contribute $50 or more!)

Guest Blogged by Howard Beale of Fired Up! Missouri...

Thor Hearne and his phony White House/GOP "American Center for Voting Rights" (ACVR) front group may be officially disbanded, but that simply means their still mysteriously-funded, tax-exempt scam to push for disenfranchising Photo ID restrictions at polling places around the country continues beneath the radar and by occasionally different names. Same anti-democracy thugs. Same money. A few less discredited (so far) names.

One of those names was front and center yesterday during a hearing on Capitol Hill yesterday, as the huckster Hearne could be heard faintly in the distance, still pulling the strings.

When the U.S. Senate's Committee on Rules and Administration held a hearing yesterday to discuss whether Photo ID Voting Laws lead to disenfranchisement, University of Missouri academic Jeffrey Milyo was among those who were present to give testimony.

The primary reason for Milyo's inclusion in the panel was his recent publication of a study purporting to show that restrictive photo ID voting laws had no adverse effect on voter turnout in 2006 elections in Indiana. Never mind that voter turnout is not necessarily indicative of whether or not voters were disenfranchised by such laws or not. More to the point, for the moment, while Milyo's testimony poured forth easily for the committee when he was talking about his contention that Photo ID laws do not disenfranchise voters, he became less erudite when the simple question arose of how his research had been funded.

There was good reason for his sudden hemming and hawing...

Guest blogged by Jon Ponder, Pensito Review.

The stated objective of the Bush administration's "surge" of troops into Iraq was to suppress the violence. Its unstated purpose was to get the occupation off the radar of the news networks in order to tamp down the war as a campaign issue against Republicans in this cycle. If it bleeds, it leads. Conversely, no blood, no coverage.

In that sense, the surge can be counted as one of Bush's rare successes. According to a new poll from Pew Research Center for the People and the Press, coverage of the Iraq occupation by television news was reduced to barely a blip last month:

Among the most annoying affectations of Tucker Carlson, the conservative host of MSNBC's afternoon gabfest, "Tucker," is his habit of feigning confusion by crinkling his nose, scrunching his brow and saying "I'm confused," before launching into a discourse about something a Democrat has done --- about which he is not really the least bit confused.

I wonder if he crinkled his nose like that and said, "I'm confused," when MNBC told him his show was canceled: