Colorado's Republican Secretary of State, Mike Coffman, has announced that a number of Colorado's e-voting machines have failed state certification testings, and will not be allowed for use in the 2008 election cycle. The announcements came at a news conference in Denver which completely just minutes ago.

Describing the state's testing of four major voting machine companies previously certified in the state, Coffman explained to reporters at the presser that there were "over 3000 tests on each vendor['s systems], and over 40,000 pages documenting the tests."

"This has been an extensive process," he said, after detailing several remarkable findings from each of the systems testing. For example, test results showed that paper-based optical-scan systems made by Hart InterCivic "could not accurately count ballots." While Direct Recording Electronic (DRE, usually touch-screen) systems made by ES&S, the world's largest supplier of voting systems, could be disabled by "denial of service" attacks at the polling place with a device as simple as a magnet.

"If you were to put a magnet in close proximity or inside the port," Coffman said at the press conference today, "that would, in fact, disable that particular voting machines and it would have to be literally reprogrammed...to bring in back into circulation for that election."

While virtually all of the systems tested were found to have major vulnerabilities, a number of them were "conditionally certified" for use as long as new security mitigation requirements are met. Notably, both op-scan systems and DREs made by Diebold (now known as Premier) were given conditional certification for use, despite Diebold systems having been banned in several states previously, including California, Ohio and Florida, due to a long list of critical vulnerabilities.

A summary of the decertified and conditionally certified systems follow (links to more information on each, at the end of this article):

• All voting systems made by Election Systems & Software, Inc. (ES&S), both paper-based optical-scan and DREs, were completely decertified. Their op-scan systems tested, according to Coffman, "both failed because of an inability to determine if the devices work correctly and an inability to complete the testing threshold of 10,000 ballots due to vendor programming errors." Their ubiqutous, and fatally flawed iVotronic DRE system "failed because it is easily disabled by voters activating the device interface, and the system lacks an audit trail to detect security violations."
• Paper-based optical-scan systems made by Sequoia Voting Systems were conditionally certified, while their DRE systems were completely decertified for use, as they "failed due to a variety of security risk factors, including that the system is not password protected, has exposed controls potentially giving voters unauthorized access, and lacks an audit trail to detect security violations."
• Paper-based optical-scan systems made by Hart Intercivic were decertified "because test results showed that they could not accurately count ballots"(!), while their DRE voting system was conditionally certified.
• And finally, both optical-scan and DRE voting systems made by Diebold/Premier were conditionally certified for use in Colorado.

Coffman's announcement comes today, months after the state had hoped to have the results available, due to sluggish participation by the voting machine companies, many of whom delayed supplying required information, such as voting system source code, as requested by the Secretary of State's office.

All of Colorado's electronic voting systems were decertified just prior to the November 2006 election when a state judge ruled, in a lawsuit brought by state voters, that testing and certification procedures for e-voting systems in the Centennial State were inadequate, largely non-existent, and in violation of state law. As the judge's decertification order came just prior to that years' elections, the systems were allowed for use, but decertified immediately thereafter. The state was forced to begin the certification process from scratch thereafter...

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

In an irony of ironies, the man famous for fabricating --and then suddenly disappearing-- an organization expressly for purposes of spreading misinformation about "voter fraud" in order to suppress Democratic vote counts, is now hitting classrooms to teach Missouri lawyers about campaign finance laws and lobbyist disclosure.

Thor Hearne is apparently set to headline an event next week sponsored by the Missouri Bar which is titled "Then and Now: Update on Campaign Finance and Lobbying Laws."

Perhaps Hearne will lovingly detail all the steps that one can take --hypothetically, of course-- to concoct front organizations that serve as proxies for partisan interests and then lobby legislatures for needless statutory changes that will strip away rights from legal voters and provide their party with structural electoral advantages.

This appearance by Hearne seems to be the latest in a series of contrived efforts to re-enter the public sphere after several months in hiding. Hearne largely disappeared from the scene after he became a touchstone of the actions of a corrupt and politically motivated Department of Justice --- who brought "voter fraud" prosecutions timed to coincide with elections, in violation of written DoJ procedures, etc. --- and suffered well-deserved beatings at the hands of Congressional investigators.

Hearne has recently surfaced, comically, as an election "expert" in a silly piece from the St. Louis Post-Dispatch's Jo Mannies and as the author of an amicus curiae brief on behalf of 41 Congressional supporters, including Missouri GOP nuts Sen. Kit Bond and Rep. Roy Blunt, of Indiana's anti-voter voter identification law which is currently before the U.S. Supreme Court. Presumably, Hearne believes that people have somehow forgotten that he was proven to be a charlatan and laughingstock just a few months ago. Neither FiredUp! Missouri nor The BRAD BLOG has forgotten.

The one saving grace of the Missouri Bar's seminar may be that Hearne's anti-rights ranting will be balanced out by one of his co-presenters, attorney Rob Heggie, who possesses a long record of standing up in favor of protecting the rights of Missouri voters.

For more information on the "non-partisan" tax-exempt ACVR "Voter Fraud" scam and the snakeoil salesmen who invented it, Bush/Cheney '04 National General Counsel Mark F. "Thor" Hearne and RNC Communications Director Jim Dyke, please see BRAD BLOG's full Special Coverage of the "American Center for Voting Rights" at https://BradBlog.com/ACVR.

9/11 changed everything. Except for all the stuff the Bush Administration was planning before 9/11 anyway.

Via RAW STORY...

Democrats in Congress have a plan to not take decisive action immediately in regard to this most disturbing news!

The anti-democracy faction of Ohio's GOP party launched an extraordinary assault on the state's elected Secretary of State, Jennifer Brunner, following the release (BRAD BLOG's full coverage here) of her landmark, independent study of e-voting systems on Friday.

Shamelessly (an inaccurately) writing on the Ohio Republican Party's blogsite, an unnamed writer posted the following opening to a critique of the $1.9 million bi-partisan study [strikethrough included in the original]:

"Left-wing activists"? Incredible. And wrong. And slimy enough on its own --- never mind the rest of the blog item, which gets even worse, as posted by an unnamed election terrorist from the Ohio GOP --- to merit an immediate apology and retraction by the Ohio Republican party, along with the outing and firing of whoever the official was who wrote it...

Try not to laugh. But here's Diebold's response to the new study from the state of Ohio showing their crappy, untested, inaccurate, unsecure voting machines --- and those made by their equally duplicitous friends at ES&S and Hart Intercivic --- to be extremely vulnerable to tampering with the use of household items as simple as a magnet or a personal digital assistant.

As if to continue pushing their bad luck with yet another dare, the Diebold statement says, "It is important to note that there has not been a single documented case of a successful attack against an electronic voting system, in Ohio or anywhere in the United States."

Okay, guys. This is getting exhausted (and just plain sad), but be careful what you wish for.

"Even as we continue to strengthen the security features of our voting systems," Diebold/Premier writes, "that reality should not be lost in the discussion."

"Continue" to "strengthen"? (Supply own joke here)

Yet, the company who is so proud of their work that they changed their name from Diebold to Premier for no other reason beyond the fact that the horrible, corrupt and fraudulent work of their voting division has disgraced the parent company, says "Premier has performed a host of modifications and enhancements to its software to further strengthen system security. Our new suite of products is expected to soon complete the yearlong federal certification process, and will be available for installation in 2008."

Goody. We'll buy a new supply of magnets right away.

Finally, and without evidence, they add: "We should also not lose sight of the very real improvements in voting accuracy that have been achieved with the deployment of modern touch screen systems."

Really? Where's the evidence for that? Unfortunately, Diebold is not alone in making that specious claim...

A spokesman for Barack Obama (D-IL) sent us a statement decrying John Tanner's announced resignation today from his post as Chief of the DoJ Civil Rights Division's voting section, charging that his move to another post within the Civil Rights division amounts to little more than "simply shuffling deck chairs."

Obama had previously called upon the Attorney General to fire Tanner outright for his offensive, and inaccurate remarks, as first reported by The BRAD BLOG, that minorities "don't grow elderly the way white people do. They die first."

Obama's statement in full...

Rep. John Conyers (D-MI), chair of the U.S. House Judiciary Committee, joins Rep. Jerrold Nadler (D-NY) on the other hand, in applauding the removal of Tanner from his post, saying in a statement (posted in full below) that "John Tanner’s resignation as Voting Section Chief at the Department of Justice provides the department with an opportunity to renew its commitment to the real problems facing voters and elections."

"I am hopeful that Mr. Tanner’s replacement will mark a departure from efforts to limit the participation of elderly and minority voters, and actually serve to remove obstacles to participation in the political process," said the elderly, but not-dead, African-American Congressman and voter from Michigan.

The complete statement from Conyers and Nadler follows below in full...

The results of new, unprecedented testing of e-voting machines in the state of Ohio are in, and the findings mirror the landmark results of a similar test carried out earlier this year in California.

"Ohio's electronic voting systems have 'critical security failures' which could impact the integrity of elections in the Buckeye State," says Ohio Secretary of State Jennifer Brunner in a statement which accompanied the release of the report today on the SoS' website. Brunner, a Democrat, was joined in her press conference (video now here), called today to discuss the results of the testing, by Ohio's Republican House Speaker, Jon Husted.

Brunner is calling for a ban on all Direct Recording Electronic (DRE, usually touch-screen) voting systems in the state, along with a ban on precinct-based optical-scan paper based systems, charging that the central counting of ballots at the county would eliminate "points of entry creating unnecessary voting system risk."

The State's bi-partisan "Evaluation & Validation of Election-Related Equipment, Standards & Testing" (EVEREST) report finds, as did California's study, as did virtually every other independent test of such systems, that violating the security and manipulating the "federal approved" electronic voting systems, is a breeze.

"To put it in every-day terms," Brunner said, "the tools needed to compromise an accurate vote count could be as simple as tampering with the paper audit trail connector or using a magnet and a personal digital assistant."

"The results underscore the need for a fundamental change in the structure of Ohio’s election system to ensure ballot and voting system security while still making voting convenient and accessible to all Ohio voters," said Brunner, who has come under fire from Election Integrity advocates for failing to act quickly enough concerning the voting systems to be used in next year's crucial election, as well as for failing to seek accountability for the exceedingly well-documented and now-infamous charges of election fraud and voter suppression in the 2004 Presidential election under her predecessor J. Kenneth Blackwell.

While the effort is long overdue in Ohio, actions being taken by Brunner, in light of the test results, are less stringent than those taken by California Secretary of State Debra Bowen after tests in her state. Brunner's recommendations, some of them quite puzzling, are likely to come under some fire in the bargain, from Election Integrity advocates in Ohio and elsewhere...

The controversial head of the DoJ Civil Rights Division, Voting Section, John Tanner, finally resigned from his position as of 11am ET this morning...

"The resignation of John Tanner is long overdue," writes one happy voting section staffer to The BRAD BLOG this morning, saying that he and his colleagues are "overjoyed at the news."

"Since becoming Section Chief in 2005 and even before, Tanner demonstrated that he cared only about serving his Republican overlords' desire to suppress minority voting to help the Republican Party win elections and not about the enforcement of the Voting Rights Act. A great many long-time members of the Voting Section staff are overjoyed at the news of his departure," the staffer tells us, adding that a celebration is in the works.

"We are already planning a party for next week --- not a 'John Tanner goodbye party' but a 'goodbye John Tanner party.'"
At right is the most notable section of the now-infamous BRAD BLOG video, taped by our own Alan Breslauer at the National Latino Congreso in Los Angeles and which kicked off the most recent firestorm over Tanner's tenure. In it, as we reported exclusively at the time, Tanner explains his reasoning for over-ruling the majority opinion of career staffers in his own department in order to approve a controversial Photo ID polling place restriction in the state of Georgia. The measure was later found unconstitutional and declared to be a modern day Jim Crow-era poll tax by two federal courts.

Tanner says in the video, that though it's a "shame" that the elderly might be disenfranchised by such laws, "minorities don't become elderly the way white people do. They die first."

"Mr. Tanner had a clear record of undermining the core mission of the section – protecting the right to vote," Rep. Jerrod Nadler, chair of a House Judiciary subcommittee which oversees Tanner's department, said in a statement today in response to the resignation. "Tanner was actively seeking to curtail that cornerstone of American democracy. The right to vote is the foundation of all our liberties and it must be protected."

Tanner's current and former DoJ colleagues characterized his taped comments on the Georgia ID law as "ludicrous", "false" and "cherry-picked". The comments would lead to various calls for his firing from Barak Obama, Nadler, Ted Kennedy, the DNC and a number of civil rights organizations over the past two months.

The chair of the U.S. House Judiciary Committee, John Conyers, was so incensed by Tanner's comments, as well as his previous efforts at white-washing a DoJ investigation of election fraud and voter suppression during the 2004 Presidential Election in Ohio, hearings were called in the House in late October, featuring an even more shameful performance by Tanner (video highlights/lowlights here), who would be described by the Washington Post afterwards as "one sorry man."

In response to Tanner's testimony at the hearings, The BRAD BLOG posted a letter from a voting section staffer, excoriating his sworn comments to the panel as "not credible", adding that Tanner had "lost no time in twisting the truth" in his testimony.

Tanner's long, often rambling resignation email sent out this morning (posted in full at the bottom of this article) skillfully attempts to re-write the history of his shameful tenure. In it, he conflates past performance of the department, beginning with his original arrival at DoJ 30 years ago, with the Civil Rights division's more recent and politicized history during which six years passed without a single lawsuit against African-American voter suppression have being filed.

Just one such case was filed under the DoJ's Voting Rights Act Section 5 oversight mandate, and it was a reverse-discrimination case in which white voters in Mississippi were said to have been discriminated against.

A special series on "Bush League Justice" by MSNBC's Dan Abrams premiered this week. In it's opening episode on Monday, Abrams focused on the DoJ's disastrous Civil Rights Division, and once again played a clip from Tanner's "minorities...die first" comments which we originally captured.

"Under Mr. Tanner's leadership, the Justice Department essentially took positions that disenfranchised minorities and the elderly," Nadler echoed once more in his comments today.

Guest Blogged by Alan Breslauer

The final installment of "Bush League Justice" on MSNBC Live with Dan Abrams deals with the controversial prosecution of former Democratic Alabama Governor Don Siegelman. Evidence suggests that Siegelman, who remains in prison, was wrongly prosecuted by prominent Alabama Republicans with the help of Karl Rove.

For starters, two prominent Republicans, Senator Jeff Sessions and Judge William Pryor Jr., were also named by the chief witness against Siegelman but were never even investigated. Further, a Republican lawyer working for Siegelman's political opponent has sworn under oath that he overheard key Republicans on Governor Riley's team discussing the case. He quotes one operative as saying:

After a brief introduction, Rep. Artur Davis (D-AL) and Harper's Scott Horton join Abrams for an in depth discussion about the case.

The Reno Gazette Journal reports on Rep. Dennis Kucinich's (D-OH) announcement that he intends to file Articles of Impeachment very shortly against George W. Bush...

The BRAD BLOG can confirm recent efforts by Kucinich's office to prepare such a document. We cannot yet confirm when it will be filed in the U.S. House, but we're told it may be quite soon.

In the meantime, Rep. Robert Wexler (D-FL) demonstrated that he understands both the U.S. Constitution and American politics, by offering this lesson to his fellow Democrats at a speech last week in Florida. (RAW STORY has the short video):

Wexler is, of course, correct on all points.

Two high-ranking Republicans, Arlen Specter (PA) and Chuck Grassley (IA), joined the Democrats on the Senate Judiciary Committee today by voting in favor of holding both Karl Rove and former White House Chief of Staff, Joshua Bolten in Contempt of Congress.

The committee recommendation, which was passed by a 12-7 vote, now goes to Majority Leader Harry Reid who may, or may not, join House Speaker Nancy Pelosi in failing to hold a full floor vote on the recommendation. Pelosi has held a recommendation from the House Judiciary Committee, finding both Bolten and former White House attorney Harriet Miers in contempt, since July.

The White House, which we all know is well above the law, continued their bullying of the Democrats who are likely to shrink in fear at the intimidation.

"They should be fully aware of the futility of pressing ahead on this," AP reports White House spokesman Tony Fratto as saying. "It has long been understood that, in circumstances like these, that the constitutional prerogatives of the president would make it a futile and purely political act for Congress to refer contempt citations to U.S. attorneys."

"I vote for the contempt citations knowing that it's highly likely to be a meaningless act," Specter said. "In this context we have no alternative."

Paul Kiel at TPM Muck speculates: "Perhaps the Senate and House will team up and schedule both votes before the New Year, sending the White House contempt citations against Rove, Miers, and Bolten as a Christmas gift. Or maybe nothing will happen."

Take your time, kids. Those in contempt have said they won't allow you to carry out your duty in holding them in contempt anyway, so why make so much unpleasantness just before the holidays?

What's your guess on when/if Reid/Pelosi will schedule such votes?

By law, the U.S. government is barred from propagandizing within the country. While that hasn't necessarily stopped them before, the Bush Administration has raised the art to a science. As well, they've reportedly been doing so out of Gitmo, perhaps a tacit acknowledgment that the practice is illegal under U.S. law, but hey, they're not in the U.S. when they do it from there, right? At least, that's what their legal department has long maintained in support of suspension of habeas corpus, human rights and long-held treaty agreements in relation to the detention of whoever they damn-well wish to hold without charges down there.

So they've been "vandalizing Wikipedia" and news sites across the web, according to a recent report at Wikileaks, which also offers the evidence...

Anybody doubt these same guys are working to post their propaganda in comments at websites like...oh, The BRAD BLOG for example? We're sure the Bush DoJ will get right on it.

Never been prouder of our country.

(Hat-tip RAW STORY)

Guest Blogged by Alan Breslauer

The third installment of "Bush League Justice" on MSNBC Live with Dan Abrams continued last night with an investigation into how the DoJ has targeted Democrats for investigation and prosecution. In fact, one study shows that Democrats have been investigated and prosecuted at nearly six times the rate of Republicans at the federal level. According to the study's author, the statistical possibility of this happening by chance is 1 in 10,000. Studies show that prosecutions on the state level are fairly even between Democrats and Republicans.

This is hardly surprising since the DoJ tracked which attorney's "Exhibited loyalty to the President and Attorney General" and which were members of the ultra-conservative Federalist Society.

Evaluating attorneys based on whether they were "loyal Bushies", according to former U.S. Attorney and current Senator, Sheldon Whitehouse (D-RI), is "disgraceful".

Also "troubling" to Abrams is the timing of investigations and prosecutions which often occurred right before elections, in violation of the DoJ's own procedures manual. When the Bushies were eventually caught doing so, they simply changed the manual.

It was almost three years ago that The BRAD BLOG first spotted the conspiracy long-range business plan being fronted for the Republicans by GOP con-man/operative Mark F. "Thor" Hearne II. The scheme became immediately transparent, to those who wished to see it, when his brand-spanking new "voting rights" group scam, calling themselves the "American Center for Voting Rights" (ACVR), popped up at a phony Congressional hearing on the 2004 Election, in March of 2005, as chaired by the now-jailed felon from Ohio, Rep. Bob Ney (R-Abramoff).

Hearne had identified himself at the hearing only as "a longtime advocate of voter rights and an attorney experienced in election law," conveniently omitting that he had been the very partisan national general counsel for Bush/Cheney '04 Inc. and had founded the "non-partisan" ACVR with his "non-partisan" partner, Jim Dyke, who had previously been the communication director for the RNC. (Shortly thereafter, the "non-partisan" Dyke went on to work for the "non-partisan" Dick Cheney at the White House, and now fronts for the "non-partisan" Rudy Giuliani.)

We spent a good portion of the ensuing three years with our hair on fire, trying to wave red flags about the transparent scheme/propaganda that Hearne was selling: Phonied up data on a non-existent "epidemic" of "Democratic Voter Fraud" in order to force restrictive Photo ID laws at the polling place, meant only to keep millions of largely Democratic-leaning minority and elderly voters from being able to cast a legal vote at all.

After the U.S. Attorney Purge Scandal finally shed light on the Republican "voter fraud" scheme to the rest of the media, folks started paying attention and Hearne quickly shut down his ACVR shop.

But the mission had been accomplished, and the foothold the Republican scammers needed had already been established, with laws such as Indiana's Photo ID restriction that is now headed towards a hearing in the Supreme Court. The results of the decision could well help determine the outcome of the 2008 elections.

UPDATE: Alternet's Steve Rosenfeld picks up on this precise issue today, reporting on how the rightwing "ballot security" operatives are arguing to the Supreme Court in favor of pre-emptive voter challenges at the poll, without the necessity of having to show that any such voter fraud is actually occurring. As well, they are building their legal case on the idea that "fear of" voter fraud is enough to demand such onerous ID requirements, even though it is the same "right-wing activists who spent years creating and publicizing a myth of widespread voter fraud," who are now making the case that "perception of potentially corrupted elections is yet another reason why states should be allowed to police the voting process with new restrictions such as voter ID laws." These wingnut zealot bullshit artists are the best in the business. If you consider "best" to be most evil and "business" to be our frickin' American democracy.

Despite Hearne's claims, made earlier this year to the St. Louis Post-Dispatch, that The BRAD BLOG made it impossible for him to run his scam without public/media notice, the huckster is still at it. He's just filed an amicus brief in the Supreme Court case, on behalf of 41 GOP Congress members.

You didn't think he'd just slither back under his rock and stay there, did you?...

Guest blogged by Jon Ponder, Pensito Review.

Michael Mukasey, George Bush's new attorney general --- same as the old attorney general --- has yet to order federal employees to preserve evidence related to the CIA's destruction of tapes of its torture sessions with terror suspects.

Even without Mukasey's order, however, the CIA appears to have violated a court order in response to a lawsuit filed by the ACLU in 2004 to enforce a Freedom of Information Act (FOIA) request demanding information on the treatment and interrogation of prisoners:

The ACLU brief and related legal documents are available online at: www.aclu.org/torturefoia.