Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ...

The trial is heading into overtime. What was to be the third and final day of the trial ended with the Democratic Party having rested their case at the afternoon break and the County just getting into their witness list. Judge Miller called to reconvene at 8:30 a.m. Friday morning with a determination to finish the trial.

To get up to speed with details on what this trial is about, please see my introductory post, and you may want to take a look at my summaries of the first day of trial and the second day of trial.

In brief, the Pima County (Tucson) Democratic Party is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, on the presumption that they should be public records. There is a belief that the databases, if obtained by the party, may show fraud or other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections easier, even though those same county officials and insiders have all the means and opportunity to manipulate elections.

Today, I have posted a full summary of the testimony of Pima County's head elections programmer Bryan Crane, started Wednesday and concluded Thursday. His testimony was expected to be very important, as it is the appearance of impropriety on his part that prompted the Democrats' inquiry and led to an investigation by Arizona's Attorney General and, ultimately, this lawsuit.

Crane didn't do the county any favors. He undermined his own credibility, developed a great fondness for the expression "I can't recall," and, upon questioning by Judge Miller, revealed that the security threats the County claims are posed by the release of the GEMS database following an election are illusory or highly implausible.

There was brief testimony from the former Chairman of the Pima County Democratic Party, Paul Eckerstrom, who explained the decisions that led to the formation of the Election Integrity Committee, whose findings and research led to this point.

Once the Democratic Party rested their case, the county moved for a judgment as a matter of law, which asks the judge to decide the case in their favor on just the plaintiff's testimony. It is largely a pro forma motion, but it provided an opportunity for counsels to frame the case thus far. Democrats' attorney Bill Risner took the opportunity to test a few of the themes that will likely figure in his closing arguments.

That footage of Risner making his case, is about 10 minutes long and is presented at the end of this post, hot off our press pool camera, in a BRAD BLOG exclusive. The judge took only a few minutes to decide that the plaintiffs had presented a sufficient case that the County must proceed with their side of the case.

The County put on their first witness, the elections director of Gila County, Arizona, another jurisdiction using an identical GEMS tabulation system. The choice backfired significantly. Her testimony revealed that she was completely ignorant of any security issues with the Diebold system her county uses, presumably because she relies on the Arizona Secretary of State and the Diebold corporation for security information. Her county contracts out their election preparation to a private company based in Glendale, Arizona, rather than do it in-house like in Pima County. The private company she contracts with just sends them back a prepared database, which the county then uses in their elections, never having checked the contents of the database.

Except for logic and accuracy testing (running a few sample ballots), the integrity of Gila County's elections rests entirely on the honesty of that private contractor.

The county then put on Merle King, the director of Georgia's Kennesaw College Center for Election Systems. The Democrats' legal team calls him 'The Man from Diebold.' He is a professional expert witness in voting systems who never saw a Diebold system he didn't love. The county made quite a production of eliciting the information that Mr. King had been paid the handsome sum of $10 to appear. I guess it was meant to illustrate how independent he is, but his expenses are being underwritten by someone: my money is on Diebold. His testimony and more will be available tomorrow.

In the meantime, enjoy the Democratic Party's champion Bill Risner presenting his motion for judgment, direct from the courtroom yesterday...

...Which now officially displaces our long-standing previous winner from late '05...

(Hat-tip Jeff Cohen)

Guest blogged by Jon Ponder, Pensito Review.

The White House has quietly admitted that George Bush lied to reporters at a news conference on Tuesday when he said he was not informed by intelligence officials that Iran's nuclear weapons program had been suspended in 2003.

On Tuesday, Bush denied he knew the program had been disbanded when he warned the American people in October that Iran's pursuit of nuclear weapons could unleash World War III. Now, as we reported last night at Pensito Review, Bush press flack Dana Perino confirmed off-camera to reporters that, in fact, Bush learned about the suspension of Iran's weapons program in August.

According to ABC News' Martha Raddatz...

Of course, Perino's latest version of who-knew-what-and-when may well be yet another lie. New Yorker reporter Seymour Hersh said earlier yesterday that Dick Cheney knew about the Iranian program's suspension as late as last November, and that he had "kept his foot on the neck of that report" until last week.

The White House has apparently been successful in burying the news that Bush lied at the news conference on Tuesday about when he was informed about the suspension of the Iranian program --- and that, by extension both Bush and Cheney have been lying to the American public for months about the threat Iran poses to world peace.

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was a day packed with testimony Wednesday in Tucson as the plaintiffs' attorney, Bill Risner, continued to crank through his witness list. The day ended with the last witness that will be called by the Democratic Party, Bryan Crane, whom Pima County Attorneys have repeatedly labeled "much maligned," just preparing for a rehabilitating friendly cross-examination by Pima County attorneys. Crane's testimony is pivotal to the case, and will be posted in its entirety tomorrow after cross and re-direct are complete.

To get up to speed with details on what this trial about, please see my introductory post, and if you missed yesterday's action, you may want to take a look at my summary of day one. In general, the Pima County (Tucson) Democratic Party, is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election on the presumption that it should be of public record. There is a belief that the databases, if obtained by the party, may show fraud and other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections more feasible, even though those same county officials and insiders, currently have the easiest route to tampering with such elections, since they already have all the access they need to such information.

The witnesses on Wednesday included a slate of employees from the Pima County elections department. The summaries of the testimony of Isabel Araiza, Robert Evans, Chester Crowley, Romi Romero, and Mary Martinson are posted together on BlogForArizona.

These employees' testimony was sought by the plaintiffs to try to establish a pattern of negligent oversight and security procedures at the elections department, including the actions of head programmer, Bryan Crane (deposition video footage of Crane at bottom of this article), taking backups of election data home and illegally printing summaries that included current vote totals in the midst of elections and then sharing that data with persons not part of the election department.

The prime witnesses of the day, however, were Brad Nelson, the director of the elections department, Crane, the "much maligned" head programmer, and the man with responsibility for the entire bureaucracy, Chuck Huckleberry, the County Administrator...

Blogged by Brad from the road...

Okay, we retract our hundreds of articles with evidence that Voter Fraud (as opposed to Election Fraud) is exceedingly rare. At least when it comes to Republicans and Florida.

The St. Petersburg Times is reporting that Mitt Romney supporters stuffed the "ballot box" (actually touch-screen DRE voting machines) by voting multiple times at last week's GOP straw poll in Tampa, FL, just prior to the Republican CNN/YouTube debate. Ironically enough, the video evidence, some of it posted at the end of this article, has been posted all over YouTube.

According to the Times...

Granted, these GOP straw polls are phony from the get-go. The candidates buy tickets and give them out to supporters to show up and vote for them. They're fund raisers for the local Republican parties. But, theoretically, it's supposed to be one vote per ticket per person.

But these are Republicans. And this is Florida. So such rules concerning voting don't much matter. (Isn't that right, Ann Coulter?)

Besides, what better way to fire up the troops than by encouraging them to vote multiple times just before the upcoming primaries?!

The Ron Paul supporters have put tons of videos up at YouTube on this. Here are a few of the best we came across after going through a bunch of them. You're welcome...

Guest Blogged by Alan Breslauer

Will The 2008 Vote Be Fair? That was the topic addressed by host David Brancaccio and former Justice Department official David Becker on NOW last Friday. Part I (at left, 10:01) begins with a discussion of Photo ID laws to prevent the "invented problem" of voter fraud. The discussion continues at the 6:15 mark on the topics of voter caging and voter purging --- when the DoJ requires jurisdictions to purge their voter rolls when they do not match census estimates.

Part II (at right, 9:50) begins with Becker explaining how the Bush 43 Justice Department has subverted its traditional mission: "During about a five year span, not one single case was brought on behalf of African Americans in the Voting Section of the Civil Rights Division". Becker goes on to state that policies were established that favored Republicans and disfavored Democrats in an effort to "gam[e] the system" to retain power.

Next, Brancaccio and Becker explore how the U.S. Attorney scandal fits in to the bigger picture. Becker: "The DoJ, especially under Alberto Gonzales, was being used as an arm of the right wing of the Republican Party to effectuate partisan gains in elections". Finally, the program concludes with a discussion on voting machines and Florida's 13th District.

Guest blogged by Jon Ponder, Pensito Review.

Repercussions continue to shake out in the wake of the release this week of a National Intelligence Estimate (NIE) that says Iran abandoned its nuclear weapons program four years ago.

At a news conference yesterday, George Bush denied knowing that U.S. intelligence had learned the Iranian program had been suspended when he warned the American people last month that Iran was on the verge of launching World War III. He was not lying, Bush suggested, but rather his own incompetence and famous lack of curiosity led him to give the false warning. Bush said that when Director of National Intelligence (DNI) Mike McConnell told him in August that new information about the Iranian nuclear program had come to light, he simply did not bother to ask the DNI about the nature of the new developments.

If the muted response to this assertion, from reporters at the news conference, is a guide, journalists close to the White House appear to believe that while it may be unacceptable for Bush to lie to them, it is perfectly okay for him to issue false predictions about an impending apocalypse if the warnings are based entirely on his ineptitude as commander-in-chief and his personal lack of curiosity.

As if all of that isn't a sorry enough state of affairs, today we learn that Dick Cheney has known about --- and actively suppressed --- the intelligence community's finding for over a year. In particular, Cheney knew that Iran suspended its weapons program when he made this statement on Oct. 21, 2007, in an address to a Washington think tank...

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was an eventful day in the courtroom in Pima County yesterday, with opening statements and the first two plaintiff's witnesses' testimony. Already, the general shape of the controversy is becoming more clear and many of the media access issues have been favorably resolved. The Election Integrity press pool is providing video to local news and other interested parties on a non-exclusive basis and there is a ground-swell of support and interest in the trial and use of the resultant footage among journalists and documentarians.

Full summaries of the opening statements of the plaintiff's attorney Bill Risner and Pima County Deputy County Attorney Christopher Straub are available on BlogForArizona.com and they lay out the positions of the litigants.

See our initial backgrounder/intro to this trial, as posted yesterday, right here.

The position of the Democratic Party, argued in the courtroom yesterday, is that the statutory role of the political parties in Arizona, and in America historically, has been to oversee and participate deeply in our elections. The elections belong to the people, not the government. The database the party seeks access to on behalf of all political parties is the only computer record of the election that can provide the information needed to ensure that elections insiders cannot, and have not, manipulated the election. Absent a clear statement by the legislature, the parties should not be denied access to this crucial information to carry out their traditional role of ensuring the public's political rights. Certainly no tortured interpretation of outdated language regarding computer technology from a statute written in the 1980s should be allowed to deny the people access to their election data, only a clear and unambiguous expression from the legislature should be able to do that.

The position of Pima County, however, is that the database requested must remain confidential.

They argue that providing the database to the political parties would violate the standards promulgated by the Arizona Secretary of State because the files contain procedural information and code that is used to program elections machines, and could reveal information that might compromise future elections. The county agrees that the Diebold GEMS software used to tabulate votes has serious security flaws, but that is all the more reason to not allow the information in the database into the public domain...

Guest blogged by Jon Ponder, Pensito Review.

From Dana Perino's press briefing on Friday, Nov. 30, 2007:

Guest blogged by Jon Ponder, Pensito Review.

In August, the U.S. government intelligence agencies sent word up the chain that Iran had suspended its nuclear weapons programs back in 2003. And yet, about two months later, on Oct. 17, 2007, George W. Bush issued a dire warning about Iran's nukes to the American people:

At Bush's news conference today, amid his tired, cringe-inducing towel-snaps at the White House press corps, he denied knowing the Iranian program was suspended in October when he suggested that the apocalypse was nigh:

And:

Normal U.S. presidents don't generally suggest, especially off-handedly, that the planet is on the brink of World War III. Is it really possible that Bush could have been so woefully uninformed about his own government's intelligence findings that he could make such a world-class blunder?

Blogged by Brad from the road...

In discussing WaPo's failure to properly describe Karl Rove's most recent indisputable lie (claiming it was Congress, not Bush, who rushed the resolution to authorize the use of military force in Iraq), Greg Sargent hits upon one of the most maddening --- and demonstrably destructive --- failings of the corporate mainstream media agenda-setters...

It's time the Washington Post, and scores of other such news outlets like it, start using actual words, like "lie", to report on what is actually going on in this country. No doubt they'll get around to it soon enough. Just in time for Hillary.

That, even as WaPo apparently has no problem reporting out and out rumors lies (long ago disproven ones at that) on their front page --- at least when they involve Democrats --- to the point that even a WaPo cartoonist had to take them to task for it.

And about this "balance" bullshit...oh, don't even get me started...

Guest Blogged by Michael Bryan

I am Michael Bryan, an attorney and blogger whose home is Tucson, Arizona. Starting today and continuing through Thursday, at BlogForArizona.com (my blog) and The BRAD BLOG, I will be covering the trial of Pima County Democratic Party v. Pima County. The proceedings will be live-blogged at BlogForArizona every day, with a daily summary posted each evening of the trial here at The BRAD BLOG.

The trial concerns the Pima County Democratic Party's demand for access to public records. Specifically, they seek access to database files that contain the raw tabulator vote data from a past local bond election. They seek to establish the public's right to inspect and analyze those records to search for any irregularities or manipulation by elections department insiders. Ideally, the Democrats want the judge to declare that all such files must be given to all political parties in Pima County in all future elections, so that public scrutiny can help ensure that the vote is honestly counted.

Why the concern that public officials, whose job it is to count the vote, may be instead manipulating the vote? Because the software Pima County (and many, many other jurisdictions around the country) is using to tabulate the vote is "fundamentally flawed" as to security according to an independent audit [PDF] commissioned by the Arizona Attorney General.

The "fundamentally flawed" software is made by Diebold and is called Global Election Management Software, or GEMS. Election integrity activists and researchers have long known that vote totals can be easily manipulated by insiders with access to the computers on which GEMS runs. The software is so fundamentally insecure that vote data can be changed by simply using the common database software Microsoft Access --- and the fraud can potentially be completely untraceable. With security conditions like that, it becomes imperative that the public have oversight of that data, just as the public has (or should have) oversight over the rest of the elections process.

For more background information about the software and the issues behind the trial, please see my post, Pima County Election Integrity Blues, or my introduction to the trial, both on BlogForArizona.com.

You may also wish to see Steve Rosenfeld's excellent report yesterday at Alternet, offering more specific details on what is at stake here.

If you would like to just listen to a discussion of the issues in the trial, please take a few minutes to listen to my recent interview with Action Point host Cynthia Black on Phoenix' Air America station...

For additional context here, I'll point you to a video (at right) of one of the men at the center of this controversy, Pima County's Election Director Brad Nelson. BRAD BLOG readers may remember this remarkable video referred to as "Election Director Gone Wild" as Nelson breaks into a tirade after being questioned by Pima County Election Integrity activist, John Brakey, about the Diebold DRE voting systems that Nelson was preparing, back then, in February of 2006, to bring into the county.

Please check my blog, BlogForArizona.com, for regular updates on the trial as it unfolds, and here at The BRAD BLOG for updates at the end of the days proceedings today through Thursday. Please use the comments on either blog to ask questions or make suggestions, we'll have someone monitoring the comments during the trial and will do our best to respond.

Guest Blogged by Alan Breslauer

According to CNN's Bill Schneider, "Iraq is not a top issue to Republicans" in the coming election. Thus, Senator John McCain, who is seen as the GOP candidate "Best Able To Handle Iraq" does not gain much traction with voters whose interests have shifted to the economy and to other issues.

Guest blogged by Jon Ponder, Pensito Review.

The White House is blocking efforts by special prosecutor Patrick Fitzgerald to present evidence he collected in the CIA Leak investigation to the House Oversight and Government Reform Committee, according to the committee's chairman, Henry Waxman (D-CA).

Prompted by Scott McClellan's statement last month asserting that top White House officials, including George Bush and Dick Cheney, were complicit in an effort to deceive the public about the leak, Rep. Waxman has written to Attorney General Michael Mukasey urging him to convince Bush to release the evidence.

In his letter, Rep. Waxman points to a precedent from the Clinton administration:

Of particular interest are Fitzgerald's notes from his interviews at the White House. If either Bush or Cheney gave statements that contradict McClellan's, a new investigation would likely be triggered. Lying to federal prosecutors is a felony.

Complete text of letter follows, via BuzzFlash.com:

Guest blogged by Jon Ponder, Pensito Review.

In Bushworld, incompetence must be rewarded (in order to prevent the incompetent ex-employee from writing a tell-all book):

Right. What harm could he possibly do as head of this group:

The position was previously held by former lobbyist and U.S. senator, Fred Thompson, who is currently a Republican candidate for president.