[Updated numerous times at bottom of article.]

James O'Keefe, the rightwing operative, hero [update: and paid employee of faux journalist Andrew Breitbart] is already being sued and investigated for the illegal secret video taping of employees at ACORN offices in at least two different states. And now, he's been arrested and charged in an apparently botched scheme to bug the office of U.S. Senator Mary Landrieu (D-LA). One of his three cohorts was the son of Louisiana's acting U.S. Attorney Bill Flanagan.

According to the affidavit from FBI Special Agent Steven Rayes today:

But it's not illegal phone bugging, or even shades of Watergate! It's "journalism", right Mr. Beck? Mr. O'Reilly? Mr. Breitbart?

Reached for comment today, O'Keefe's actual pimp, the wingnut and similarly fake "journalist" Andrew Breitbart --- who recently tweeted out a death threat to The BRAD BLOG --- had, uncharacteristically, little to say. He did, however, go out of his way to try to distance himself from O'Keefe, who he helped make famous, and has long hailed as a hero, by hemming and hawing to TPMmuckracker [emphasis added]: "I need to find information on this. I'm out of the loop on this. I will make my determination then on when to comment."

Update: However, Media Matter reports that Breitbart has previously revealed, on a rightwing radio show, that he pays O'Keefe a "fair salary" for whatever is that O'Keefe does.

While the previous Breitbart/O'Keefe ACORN sting scheme received much publicity from Fox "News" and friends, the highly edited videos apparently revealed no illegalities according to two separate independent reports, other than O'Keefe's apparently illegal secret videotaping. On the other hand, if the Rule of Law still applies in either Louisiana or the U.S. --- even for the son of an Acting U.S. Attorney --- it would appear that O'Keefe, who spent last night in jail and is free on bail today, is likely in big big trouble.

Golly, we hope he doesn't become a convicted felon and lose his right to vote!

The BRAD BLOG has, for years, covered the GOP's continuing attempts to discredit ACORN, for little more than the fact that the community group has registered millions of legal low and middle-income voters to vote across the country. Our coverage of the most recent 2008 push to falsely discredit the group was documented on this special coverage page.

UPDATE 4:43pm PT: Predictably, Twitter is, um, all atwitter with today's news. Some of our favorites so far...

This, of course, is not funny in the least. (It's also not safe for work, btw.)...

And what they will never tell you on Fox "News," and probably not even on CNN or MSNBC, etc., is contained in the following three emails sent to Mikey Weinstein of the Nobel Prize-nominated Military Religious Freedom Foundation (MRFF), following an ABC News exposé last week on the bible verses that are encoded on the rifle scopes made by Trijicon, Inc., and used by our military serving in Iraq and Afghanistan.

The first disturbing email below is from a U.S. soldier who happens to be a Caucasian Muslim, horrified by the dangers of having such verse referenced on military equipment used in the Middle East, particularly in the event of capture. The soldier shares an appalling alleged account of his superior officer's description of the weapon as the "the Fire Arm of Jesus Christ." All the better, said the officer according to the soldier, than what they might have received, since "Uncle Sam had seen fit not to give us a 'pussy "Jewzzi" (combination of the word 'Jew' and Israeli made weapon "Uzi").'"

That account is then followed by two very short, anti-Semitic threats sent to Weinstein in regard to the same matter, following ABC's report. Moreover, a senior company executive is said to have described MRFF as "not Christian" to ABC, according to a letter threatening legal action sent to the company by the non-profit organization which counters that it's allied with thousands of Christian troops and organizations.

All three of the email missives are horrifying, though none of them are likely to receive the time of day in the bulk of the cowardly corporate media, where the real cause and effect of the Rightwing's modern day politicized religious agenda is rarely broached in any way, shape, or form...

Never thought I'd miss the 2000s, but if this week is any indication of what's to come, can we please roll back the clock?

Hundreds of thousands died in Haiti. Detainees were revealed to have been murdered in American custody at Gitmo. Democracy died again in Diebold's Massachusetts. A faint hope for reviving the death of the public's airwaves dies yet again as Air America dies. And the U.S. Supreme Court commits mass murder of everbody and everything else that had still been left teetering.

Worse. Week. Ever.

As it happened, I was previously scheduled to be a guest on Peter B. Collins' podcast yesterday to discuss MA. Suffice to say, the conversation ended up a bit broader, and a great deal darker.

If you'd like to listen, if you can stand to, it's now posted here...

"The court's ruling threatens to undermine the integrity of elected institutions across the nation," wrote Justice John Paul Stevens in his dissenting opinion on today's U.S. Supreme Court ruling in Citizens United v. the Federal Election Commission, which will overturn decades of established campaign finance law.

"Threatens to"? That could be the understatement of the century. But this is what comes of not counting election results. We can thank, among a long list of others, John Kerry for having rolled over in Ohio in 2004.

In a 5 to 4 decision today, by an activist U.S. Supreme Court that actually requested to make a decision to hear this matter, despite the fact that the original case brought to them had little to do with their larger, most destructive finding, has decided that corporations may give as much money as they wish to federal election campaigns.

This would be 'Game Over,' folks, for those who believe in "We the People," rather than "We the Corporations," unless a movement like the one launched today at MoveToAmend.org (on which we are an original signer) can gain traction. You can (and must) join the call by signing on at FreeSpeechForPeople.org as well.

Some key quotes from today's ruling, which pretty much encapsulate the entire horrifying story:

We will, no doubt have more on this soon (currently buried in a number of other items and still on road). In the meantime, we're sure the "grass roots" Tea Baggers, outraged by corporate money special interests, will be infuriated by this decision, light up new protests in every town in every state in the union, and demand that our country be returned to "We the People" as the founders envisioned.

Right?

By way of offering a rather convincing counterpoint to Frank Schaeffer's editorial posted here earlier today, in which he asserted his opinion that Republican Scott Brown's reported win in MA last night for the U.S. Senate seat was the fault of "the ideological purist Left" who undermined Obama and the Democrats, a Research 2000 poll conducted last night after the election, surveying 500 Obama backers who voted in the Senate election and 500 backers who sat it out, would seem to suggest the exact opposite. (Much as almost all of you did in comments)...

Via Eric Boehlert...

Several supporters of Democrat Martha Coakley were injured during her rush to get to the phone as quickly as possible in order to concede the race for the U.S. Senate in MA to Scott Brown even before AP called the race in favor of the Republican.

That, while some 25% of the precincts had yet to report even how Diebold's easily-hacked, oft-failed optical-scan machines (which are in violation of federal voting system standards and programmed by a company with a disturbing and criminal background), had even reported their tabulation and, more disturbingly, while 0% of the voters' cast ballots in Massachusetts had been counted or examined by any human being on the face of the earth.

"After months of campaigning, the Attorney General thought it was important to make sure neither her, nor her supporters voters were actually counted, so best to ensure that the Democracy Menace wouldn't rear it's ugly head right here in the Bay State," said Coakley's campaign manager Kevin Conroy.

Sen. John Kerry (D-MA) released a statement upon hearing the news, proclaiming he was "proud of the speed at which Martha was able to concede the race with even fewer of the votes counted by anyone --- zero in Martha's case --- than when I conceded the race for President of the United States in 2004." Kerry added that he had prepared his statement on Monday, so as to save valuable time on Election Night, since American Idol was also scheduled to be on.

And with that out of the way, please see:

• Bev Harris' article today about how these media "calls" are actually made (hint: it ain't based on actually counting anybody's ballot);
• The several updates to my previous report on the allegations of ballots pre-marked for Brown said to have been given to voters in "at least" three different jurisdictions;
• My fully ignored tweet urging all candidates to NOT concede until the voters votes were actually counted, and;
• If you missed it, my article at the right-leaning Gouverneur Times on the outrage of ceding our American democracy, and the U.S. Senate seat from MA, to private, unaccountable companies like Diebold and LHS Associates.

[UPDATED SEVERAL TIMES with more info on the curious/disturbing issue of ballots reported as being handed out as pre-marked for Scott Brown. Allegations now of five different reports from "at least" three different jurisdictions. See bottom of article for continuing updates...]

Haven't heard too much from on the ground in Massachusetts this morning yet (happily), but that's not much of a surprise. The real questions come later, as we will all wonder whether or not the "results," whatever they are, as reported by Diebold and never counted by actual humans, have anything to do with the way voters actually voted.

In the meantime today, a group of election integrity experts, after having posted an "Orange Alert" yesterday about the serious e-voting concerns in today's election, have sent an open letter to Sec. of State Bill Galvin, along with a public records request [PDF], calling for the retention of all election materials, such as voted, spoiled, and unvoted ballots, as well as all of the easily-tampered-with memory cards and electronic databases, etc., to ensure they are all secured and available for inspection by the public after the close of polls.

Election integrity advocates Susan Pynchon, Shelia Parks, and John Brakey also put the entire sorry matter in stark terms, demonstrating how simple this all could have been in a very short piece at OpEd News asking why MA didn't simply just determine to count the ballots, by hand, in front of everyone at the polling place, especially given that it was a single race on the ballot with just three people on it...

As to the ballots themselves, Greg Sargent at The Plum Line reports an odd situation: Two different voters, from two different towns, have both informed him that they were handed ballots that had Scott Brown's bubble already inked in when they went to vote. Here's the report from the second voter Sargent heard from...

The two reports are too anecdotal at this point to make too much of them just yet, but it seems worth noting for the moment. May come in handy later.

[UPDATED as more reports of pre-marked ballots have come in! Please see additional follow-ups now below.]

Are you hearing, reading, seeing other points of concern today? Let us know in comments. Links are always welcome...

P.S. Have done a flurry of radio appearances to discuss all of this, last night and early early this morning. Appearances from Mike Malloy, Stephanie Miller, and Nicole Sandler's shows are now archived online if you'd like to give them a listen, right here...

P.P.S. Might I also recommend, request, that all you folks on Twitter (we can be followed here), Retweet the following as far and as loud as you can:

UPDATE 4:03pm PT: Coakley Campaign Manager Kevin Conroy issued the following "ALERT!" on the campaign website, and via email about an hour ago concerning the reports of ballots being handed to voters pre-marked for Brown, as mentioned above...

A quick follow up, as I'll be on the road for most of today, on the mess I warned about on Friday concerning Tuesday's Special Election for the U.S. Senate in MA, the terrible optical-scan Diebold voting machines in use there, and the company with a dubious, criminal background which sells, services and programs them:

• Over the weekend, I was briefly interviewed by Joan Brunwasser of OpEd News and Citizens for Election Reform about it all. That interview is now published here...

• Bev Harris from Black Box Voting offers a detailed breakdown and a toolkit "for effective actions everyone can take, whether you live in Massachusetts or not" to try to help oversee and protect the election tomorrow.

• A coalition of election integrity experts have issued an "Orange Alert" about the concerns for tomorrow's election, calling on MA Sec. of State Bill Gavin to take effective action to protect secure chain of custody for ballots, voting machines, tabulators, memory cards, unvoted ballots and all other related materials, and calling on the candidates to NOT CONCEDE until all votes are actually counted accurately and transparently.

• I'll be on the air tonight and tomorrow morning to talk about all of the above. Among my currently scheduled radio appearances on this [all times PACIFIC]:
  • MON 1/18, 7:00pm: Mike Malloy Show (air affiliates, Sirius Ch. 146, XM Ch. 167)
    [Update: Here's the commercial free audio archive (MP3) from last night on Malloy, appx. 19 mins]
    
  • MON 1/18, 8:00pm: Nicole Sandler Show
    [Update: Here's the commercial free audio archive (MP3) from last night, appx. 33 mins]
    
  • TUE 1/19, 6:00am: Stephanie Miller Show
    [Update: Here's the commercial free audio archive (MP3) from this morning on Stephanie's show, appx. 20 mins]
    

UPDATE 1/19/10: More on early reports and other developments on Election Day, now here...

The story for which The BRAD BLOG was awarded a 2010 Project Censored award for "Excellence in Investigative Journalism" is "censored" no more. From the February 2010 issue of Maxim hitting mag racks this week...

Since writing today's piece for Upstate New York's right-leaning Gouverneur Times, a new poll has come out this morning showing the Republican Scott Brown now leading the Democrat Martha Coakley by 4 points in the race for the U.S. Senate seat formerly held by a Democrat named Kennedy for nearly 60 years.

As of last night, when I filed the story with them, the latest survey from a Democratic-leaning pollster showed Coakley up by 8, though a day or two earlier, Republican Rasmussen had Brown down only by 2 points.

Suffice to say it's now officially "a toss-up," at least according to the Rothenberg Political Report, and to all the Dems and Reps now sweating out what was previously thought to have been an easy Democratic win.

With the 60th "filibuster-proof" Senate seat now hanging precariously in the balance, I'm sure you'll be delighted to hear that the winner will now be whoever Diebold declares it to be. The near-entirety of the state will vote next Tuesday on paper ballots to be counted by Diebold op-scan systems. The same ones used dubiously in the New Hampshire Primary in 2008, and the same ones notoriously hacked --- resulting in a flipped mock election --- in HBO's Emmy-nominated Hacking Democracy.

And to make matters even worse, the notorious LHS Associates --- the private company with the criminal background that has admitted to illegally tampering with memory cards during elections, and which has a Director of Sales and Marketing who embarrassed himself with obscene comments here at The BRAD BLOG some years ago, resulting in his being barred from CT by their Sec. of State --- sells and services almost all of MA's voting machines along with those in the rest of New England.

Read my detailed coverage of the entire sad affair over at Gouverneur Times today. And yes, here we go again...

UPDATE 1/18/10: FOLLOW-UP: Election experts issue "Orange Alert", what you can do to help protect the election, and a bunch of my interviews on all of the above, now here...

In the November 2008 election, the tabulation of votes for California's Proposition 8 --- the controversial ballot measure which resulted in the repeal of marriage equality by, for the first time, amending the state's constitution to deny the rights of Californians --- was "probably corrupted".

That's the finding of a newly released study issued by a coalition of election integrity organizations, as based on their analysis of an Election Verification Exit Poll conducted in Los Angeles on the day of the 2008 general election. "An investigation is warranted," the study concludes, into the evidence which suggests a likelihood that either "fraud or gross errors" occurred in the tabulation of that specific ballot measure.

The complete 49-page study has now been released on a new website, WasProp8Straight.org.

The poll was conducted on Election Day by Election Defense Alliance, Protect California Ballots, and ElectionIntegrity.org and was designed and researched with the help of at least one well known exit pollster, Ken Warren of St. Louis University's The Warren Poll, for the express purpose of measuring the accuracy of the reported vote count. It functioned beautifully in general, by confirming the results of most of the issues and races on the ballot. On Proposition 4, for example, which concerned a similar hot-button issue --- parental notification for abortion --- polling results and official election results matched within 2%, well within the expected margin of error.

However, for Proposition 8 only, the official results varied from the Election Verification Exit Poll by an average of 7.75% in the 19 precincts polled. In some cases, the discrepancy was as high as 17.7%. That is, of course, far outside of the margin of expected error and certainly worthy of further investigation by officials.

The creators of the poll, along with the analysts of the results and the authors of the study, seem to have gone out of their way to preempt the usual reasons for questioning and/or dismissing the methodology and findings of such polls. For example, as noted in the group's press release [emphasis added]...

The editors at the UK's Guardian asked me to ring in yesterday on "mavricky maverick" Sarah Palin's new gig at Fox "News". And so I did. A sample...

Among the nice things about about writing for the Guardian is the exceptionally dry English wit in the comments section --- at least when I'm lucky enough that a piece of mine gets posted in British primetime before the ugly American wingnuts show up to start hitting the comments button a few hours later.

As of now the piece has some 224 comments. The first hundred or so, before the Fox "News" trolls awoke across the pond are quite smart. Thereafter, they're also amusing, but in a different kind of way. Enjoy...

The U.S. Dept. of State blog has a number of ways you can help Haiti today/tonight/tomorrow. I just did the following and it was quick and a piece of cake:

It looks like this is going to be very bad. Please help any way that you can.