Washington Post, in a stunning front page splash today, is reporting that political appointees in George W. Bush's Dept. of Justice overruled their own attorneys in the Voting Rights Act unit who had recommended against Texas' state redistricting plan for Congressional districts. That new redistricting plan was key to former House Majority Leader Tom DeLay's (R-TX) controversial strategy in the state which eventually resulted in 7 additional Republicans being elected to the U.S. House in 2004.

Eight staffers at the DoJ, including the heads of the Voting Rights Division, advocated against the redistricting in a 73-page memo, but Bush political appointees agreed to allow the changes to go through anyway! The Voting Rights Act requires DoJ pre-approval of changes to electoral law in several states where minority voting rights have historically been an issue.

According to WaPo, "The Justice Department memo recommending rejection of the Texas plan was written by two analysts and five lawyers. In addition, the head of the voting section at the time, Joseph Rich, wrote a concurring opinion."

The disturbing revelation is similar to one reported two weeks ago, based on another yet leaked memo reported by WaPo's Dan Eggen, in which the Bush Attorney General is shown to have overruled 4 of 5 staffers who had recommended against pre-approval of Georgia's new Photo ID requirement at the polls. That law has since been struck down by Federal Courts which described it as a "Jim Crow-era Poll Tax."

The Bush administration has made a mockery of the Voting Rights Act of 1965 which celebrated its 40th anniversary over the summer. Several key clauses of the Voting Rights Act will be coming up for renewal authorization by Congress in 2007. It was reported some time ago that George W. Bush was "not familiar" with the VRA when asked about his support for its renewal during a meeting with several minority legislators in the summer prior to the 2004 election.

In 2003, Rep. John Conyers (D-MI), the ranking member of the U.S. House Judiciary Committee, had requested review of the documents now revealed by WaPo. He was met with "a cold response" at the time from the DoJ according to a just-issued press release (posted in full below). He is now calling for a full investigation by the Judiciary Committee into both the Texas and Georgia matters.

The following is from an AP summary of the WaPo's report [emphasis added]:

The WaPo report adds:

The full memo is available on the WaPo site here [PDF].

UPDATE: MSNBC Video of WaPo's Dan Eggen discussing story...

Conyers' just-released call for an investigation into the matter follows in full...

Guest Blogged by John Gideon of VotersUnite.org

In an almost expected turn of events Diebold was certified to be used in North Carolina today. This happened without meeting state code that requires inspection, for security purposes, of their source code. Essentially they lost in court because they were told they could not get a waiver from state law so the state gave them the waiver anyway and they are attempting to get away with this by making the same offer to other vendors....

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.org

Surprise! Diebold got certified in North Carolina today. In what the Electronic Frontier Foundation (EFF) is calling the "Immaculate Certification" the North Carolina State Board of Elections has decided to certify Diebold. This is the same Diebold that three days ago said that they would have to pull out of consideration in the state because they were not willing to put their buggy software source code from their flawed Voting Machines into escrow claiming they had third-party software that could not be submitted to the state. This is the same Diebold that, as BRAD BLOG correctly surmised, were apparently making faux claims about their need to pull out of NC due to a court's refusal to allow them exemption from that state law. But what else is new for a company like Diebold?

In a blog item just posted by Matt Zimmerman of EFF, says,

One computer savvy voting activist with North Carolina Verifiable Voting has pointed out correctly that the Board of Elections now has another rather obvious problem. The statute requires the Board of Elections to review all of the code used in vendors' proposed system before certification. Either they ignored this part of the code or they have some super code and security experts in hiding somewhere.

At the superior court hearing on Monday, the state Attorney General said that she couldn't imagine that the Board of Elections would certify a system that didn't meet all of the requirements of the statute. Well, they did and now she must defend them.

And who made the decision to go ahead and ignore the code and certify Diebold? A gentleman by the name of Keith Long was hired to be in charge of the process for the state. And what are Mr. Long's credentials to handle this job? Mr. Long was one of the Diebold representatives responsible for previously selling the Diebold voting system to the state of Georgia.

RAW STORY's Miriam Raftery opens up on the scam apparently being perpetuated by California Sec. of State Bruce McPherson in what appears to be a last-minute effort to quickly re-certify Diebold's TSx touch-screen voting machines in California as the Jan 1, 2006 deadline for the Help America Vote Act looms.

A recent "Voting Systems Testing Summit" convened last week by McPherson in Sacramento appears to have been purposely rigged by the SoS's office to tilt strongly towards the presentation of information that supports the return of Diebold's buggy and unsecured voting machines to the state.

As reported by Raftery...

A massive public test of the machines held over the summer by Republican McPherson revealed that 20% of the Diebold machines had failed to perform properly (RAW STORY lists the number as 30%). But a subsequent test held privately, using machines specially prepared by Diebold gave only a reported 3% error rate.

Amonst the nuggets uncovered in Raftery's report is this information from Diebold spokesperson, David Bear:

Bear had recently lied in an interview with The BRAD BLOG when he at first claimed that Diebold's Central Vote Tabulator "isn't accessable via modem." When pressed further, he was later forced to admit that it was. He also claimed to be unaware of a "Cyber Security Alert" issued by a branch of the US Dept. of Homeland Security prior to last year's Presidential Election warning about the security vulnerability in Diebold's tabulation software.

Raftery outlines the overwhelming imbalance of the assembled panelist for the event last week where Voting Rights and Election Reform activists were largely shut out. That, despite a conversation The BRAD BLOG had just last Monday live on air with a spokesperson from the SoS office who had denied the allegation. The full audio and text transcript of that live on-air interview on KRXA 540am in Montery, CA is posted here.

Raftery found much evidence suggesting the heavily weighted pro-Electronic Voting factions and the apparent lock-out of Election Reform and Voting Rights advocates at the summit. For example, Raftery reports on several of the panelists who were allowed to attend and speak on the matter:

And more like the above:

Meanwhile, reformers and activists from California Elections Protection Network (CEPN), for example, were entirely shut out from even attending --- much less presenting! --- at the summit:

The letter referred to above, from the SoS's office, as posted on the CEPN website says:

States and counties around the country are keeping a close eye on the decision soon to be made by California which is, as Diebold regards it, the country's largest "voting market." What happens in this state, may well effect the decisions made by countless Boards of Elections around the country as they all face the impending deadline to receive federal funding for upgrades to their election systems.

Be sure to read RAW's full story for much more!

To submit your own comment to the CA Sec. of State, visit http://www.ss.ca.gov/elections/elections_vs.htm, call (916) 653-6814 or email votingsystemcomment@ss.ca.gov.

Good lord is this woman a whack-job or what? From the BBC coverage of an upcoming interview with Judith Miller. Her "apologies" for helping lead the drumbeat that resulted in an endless war and thousands dead and wounded for life:

I'm deeply sorry the NY Times decided to destroy their own once-great reputation by giving this loon a paycheck. Ever.

And if the above is not pitiable enough, she reportedly admits that Scooter Libby was one of her sources for the Plame leak (didn't she tell us previously she couldn't remember who told her?) but when asked if Karl Rove was also a source, she tells BBC:

Huh? I'm no legal eagle, but is there some kind of law that prevents a witness to a crime from telling the press what they know about the crime?

Does this woman think that an interview she gives to the BBC won't make it aaaall the way back here across the pond?

She lost her job, and now --- it seems --- she's lost her mind. Or did that happen in the reverse order? Good lord...

{Update from David Edwards: Here's the video and audio of BBC's exclusive interview with Judy Miller.}

Video in Windows Media format...
Video in QuickTime format...
Audio in MP3 format...

Update #2: A transcript of the Miller interview is available at Why Are We Back in Iraq?

Former homosexual male prostitute cum disgraced former White House correspondent, James "Jeff Gannon" Guckert has decided to ring in in support of Ann Coulter's recent posting of private information of a BRAD BLOG Guest Blogger on her website.

It's been three days since Coulter posted a personal email address and phone number of author and actress Lydia Cornell on the front page of her website. The petulant act by the Republican talking head was in apparent retaliation for an article written for BRAD BLOG by Cornell which described her experience in trying to track down a copy of a fundraiser address Coulter had given recently for the Alachua Florida Republican Party in which she called for the repression of free speech by Democrats.

Cornell has received myriad threatening emails and crank callers in the three days since Coulter posted her private information online. She has asked Coulter to remove it and Coulter has so far refused.

In support of Coulter's invasion of Cornell's privacy, Guckert/Gannon, a shill who had worked in the White House for GOPNews.com until his secret background as a prostitute was exposed, attempted to defend the Rightwing polemicist yesterday on his website by claiming:

Gannon/Guckert presented no evidence to back up his assertion. His reported presence at the White House more than two dozen times when no press briefings were scheduled --- as described in Secret Service documents obtained by RAW STORY --- has never been explained. Gannon/Guckert had no previous journalistic experience before being granted access as journalist to the White House.

Of course, The BRAD BLOG has never posted any such information, as claimed by Guckert/Gannon, but we checked in today with John Aravosis who was instrumental in uncovering the Guckert/Gannon scandal when it first appeared on his AMERICAblog website. He was the first to post links to Gannon's several military-themed gay escort websites (including MilitaryStud.com and MaleCorps.com) featuring full frontal nude photos which Guckert/Gannon had posted of himself online.

Aravosis, who followed the story as close as anybody, tells The BRAD BLOG that he's unfamiliar with anybody having ever published Gannon/Guckert's phone number, home address or medical records anywhere on line. Though he says that when he was alerted to a commenter at AMERICAblog having posted what appeared to be Gannon/Guckert's Social Security number in the comments section, he removed it immediately.

Aravosis strongly disagreed with Gannon/Guckert's claim. "We never knew where he lived. We still don't!" Aravosis told us. "We never had his phone number. Nobody did as far as I know. All the top journalists that I know of had to contact him by email since he never gave his phone number to anybody!"

"As to his medical records," he continued, "The only records we tried to find was his military records because he said he was a marine...and it turned out he was lying!"

Aravosis draws the difference between his work uncovering a phony journalist in the White House being "outed" by his own online websites featuring his own nude photos with what Coulter has done to Cornell.

"It's kind of creepy," he said, "posting someone's personal phone number. When I saw his Social Security number come up in comments, I deleted it immediately. But Coulter is purposely posting that information herself on her own website. I've never used anybody's home information...that's just creepy."

On her website today, Coulter claims she will be appearing tonight on Bill O'Reilly's The O'Reilly Factor.

As Cornell pointed out in her initial public response to all of this, O'Reilly had slammed the Media Matters watchdog organization when he claimed they "violated privacy" by posting someone's email address online. Though the email address posted was a public email address, O'Reilly characterized those who would do such a thing as "zombies."

Thanks to the posters at Democratic Underground for alerting us to the latest chapter in this shameful saga. A discussion on this, and the continued unanswered questions concerning the Gannon/Guckert story is linked here.

O'Reilly will be hosting zombie, Ann Coulter tonight on Fox "News" at 8pm ET.

Guest Blogged by John Gideon of VotersUnite.org

The depth and pressure of all of the news reports about electronic voting issues must have finally built up so much that the Associated Press 'dam' finally burst and they had to respond! Today they even mentioned the GAO report, well over a month after it was issued with much bipartisan fanfare from members of Congress.

"E-voting under scrutiny as federal compliance deadline looms", by AP Technology Writer Brian Bergstein, correctly says that some states are in trouble and will not be able to meet some mandates of the Help America Vote Act of 2002.

Bergstein runs through the gamut of problems that have been reported in the past few days and some that happened in past elections. With regards to the GAO report he says:

Bergstein also discusses yesterday's report from North Carolina where Diebold was told to 'put up or shut up': either meet the state law that requires them to put all their source code into escrow, or forget about doing business in North Carolina.

It's almost as if Bergstein had been reading The BRAD BLOG because he also picked up on the California hack story and got an update on that from the SoS spokeswoman, Nghia Nguyen Demovic.

Unfortunately Bergstein didn't report on the "Deadline" and what that means to many states. California is one of many states that will not meet the January 1, 2006 deadline for having accessible voting systems. This is going to be a nationwide problem. Yesterday, the Sacramento Bee had this to say:

We are happy to see the Associated Press finally coming out of their shell with regard to voting technology. Is this something that will last or is it just a passing phase?

Guest blogged by Winter Patriot

As usual, there's a great deal of important new material on the blog at the moment and I wouldn't want to distract you from it. But on the other hand I thought you might like to know [even a bit belatedly] that Buzzflash has published the second installment of Maureen Farrell's three-part essay about the history of modern America.

As loyal BRAD BLOG reader and frequent commenter Robert Lockwood Mills pointed out last week, when the first part was published, it's "anecdotal history, not a narrative. But if even half of the dots connect it's very, very scary."

In my opinion, the number of dots that connect is way more than half.

If you've already read the first part, you'll have some idea of what to expect. If you haven't, please consider this a friendly reminder.

Below, a few short excerpts from part two:

Guest Blogged by John Gideon of VotersUnite.org

A typical Wed. newsday today. Lot's of news. In Venezuela three political parties dropped out of the legislative elections because they do not think the elections are being fairly administered. There is a lot more from California regarding the now infamous 'hack' but you really need to go to BlackBoxVoting.Org to get the whole story. There are recounts planned in a few states but most of them will be done on DREs so they are really a waste of time. And, there is a comprehensive article from the AP about the HAVA deadline. This article actually mentions the GAO report which is pretty much a first for the AP...

I'm addressing folks on Election Reform issues tonight at an event organized by Global Exchange/Ventura County. It's a FREE event, so come on by if you're in the 'hood and say hello! It's at 7pm PT with a Q&A after. Here's more info, and there are specific location details as well at the top of the BRAD BLOG Front Page right now.

If I'm available on time, I may be on Trevor Carey's show on KFKA News Radio (1310am in Greeley/Fort Collins, CO) along with Lydia Cornell at 9:30p PT as well. I believe she'll be there either with or without me if you listen online or call in to say hey.

Otherwise, in the meantime, consider this an Open Thread to your heart's desire...

Joe Cannon has some choice words about Ann Coulter in light of her recent indefensible violation of BRAD BLOG Guest Blogger Lydia Cornell's privacy. A spot-on passage or two from some CannonFire worth taking in full:

And while you're there, also check out Cannon's interesting eagle-eyed observation about one overlooked point in the Cunningham/MZM mess and how it might --- like so many other GOP Scandals d'Jour --- eventually find its way into the White House...

Dave Astor of the excellent and respected Editor & Publisher covers two matters we've discussed here recently.

Last night he did a quick item on the Ann Coulter/Lydia Cornell outrage. For the record, Coulter still has Lydia's private information posted publicly on her website some 48 hours after it was posted there. She has been asked politely to remove it. She has chosen not to.

As Cornell pointed out in her response yesterday, that sort of thing helped Bill O'Reilly blow his stack recently when he thought (incorrectly, of course) that a "liberal" group had posted a private email address on their website. Of course, it doesn't take much for the increasingly unstable O'Reilly to blow his stack these days.

As well, Astor covered Robert Koehler's latest Tribune Media Services' "Poll Shock" column that we briefly reported on last week. His coverage gathers additional comments from both the Dispatch Public Affairs Editor Darrel Rowland and Koehler on the "staggeringly impossible" results of Ohio's recent Nov. 8th 2005:

I love that. It's the exact same thing we heard after the '04 Presidential Election: Once someone else finds the "solid evidence" the media will be happy to report on it. Note to Mainstream Media: It's your job to investigate the smoke and find out if there's a fire! Otherwise, what the hell do we need investigative reporters for at all? Oh, yeah. Apparently, we don't. The bloggers will do it for you. (But don't come running to us wondering why it is that your readership is falling over a cliff in the meantime!)

Koehler's reponse to Rowland in E&P:

Go Bob. And thank you, E&P.

UPDATE: And speaking of Koehler, this just in from his latest column which will be published tomorrow and available then to read at this location:

In North Carolina, Diebold had been attempting to get a special court order allowing them to get around NC's law requiring that Voting Machine Companies hand over their source code for their secret software to be kept in escrow in the event of a problem later. North Carolina has had many recently, including the complete loss of some 4500+ votes in Cartaret County during the Nov. '04 Presidential Election which led to a Re-Vote in the county.

Thanks to efforts by the Electronic Frontier Foundation, the court has now ruled against Diebold's requested dispensation from state law. Now Diebold claims they are going to have to get out of the state entirely. Glad to hear it. If it's true. Other Voting Machine Companies have complied with the law, apparently, so what's Diebold's problem? Do they have something they wish to hide in that source code?

We may never know...AP reports:

You'll pardon me, but I'm a bit of a computer programmer myself, and I understand the difference between providing source code that one has written versus source code for an entire operating system (like Windows) and/or third-party tools which are used to perform various generic tasks called by the program itself.

If Diebold had nothing to hide or fear, they would simply turn over their full source code to the state to be put into escrow, with the explanation that they do not have the access to (or legal permission to provide, even if they did) the source code to copyrighted third-party software. The state of North Carolina wasn't asking for that as far as I can tell, and an open admission to that --- as allowed by the state law --- should more than have covered Diebold from any liabilities concerning that third-party software.

That said, I'm glad to hear of their apparent threats to pull out of North Carolina entirely. And with that, I hope every other state in the union will immediately apply the same requirement in their state and let Diebold get back to the business of making ATM machines with open software which provides a paper record of every transaction. Apparently, they're quite good at that.

UPDATE: Jamie at IntoxiNation has more along the same lines...

Guest Blogged by Lydia Cornell

(NOTE FROM BRAD: Lydia has been overwhelmed with notes, media interviews and yes, phone calls, since her original BRAD BLOG article on Ann Coulter and certainly since Coulter decided to post her private information on her website. It's been nearly 24 hours, and --- incredibly --- Coulter has yet to remove Lydia's personal information from her website. If you happen to read this in time, Lydia will be on Bob Kincaid's Head-On radio show at 6pm PT if you care to tune in or call in. You can listen online here.)

I have received so many wonderful letters of support, since posting my original article about Ann Coulter here on BRAD BLOG there is no doubt in my mind we are on the right path, shining light on hatred and perversity. Her personal attack against me as posted on her website last night seems to confirm that notion.

My phone has also, unfortunately, been ringing off the hook from people who call and just hang up. Thank you, Ann.

I see that Bill O'Reilly referred with outrage to Media Matters as having "violated your privacy by putting out your personal e-mail address" when in fact, according to this website, they hadn't actually posted anything but a public email address.

Since Brad reported on Bill O'Reilly's Enemy List today, I wonder if he'll add Coulter to his list, or at least show Ann Coulter the same kind of outrage --- and call her a "Zombie" as he did Media Matters --- for violating my privacy next time he has her on his show.

However, the news is still good and my hope for the country is unshaken. Only one out of every 20 letters I've received has been a hateful one. Here's an incredibly cruel letter from someone (whose email address and name I have removed!)...

Guest Blogged by John Gideon of VotersUnite.org

It was an interesting day today. California media are still talking about the 'hack', or no 'hack', and now the SoS is talking about doing a 'hack' on all voting systems. This should be interesting and we will continue to watch as this all develops. Also getting media attention across the country is the court decision in North Carolina. This could have national implications for Diebold because other states require source code escrow. If Diebold is not willing to do it in NC, how are they doing it elsewhere?...