All eight defendants in Clay County, Kentucky's election fraud trial have been found guilty today by a federal jury. Six of those eight were high-ranking election officials, including the county clerk, a circuit judge and the school superintendent. The conspirators were charged with having manipulated federal elections in 2002, 2004 and 2006 by buying and selling votes and manipulating electronic voting machines.

According to AP, each of the now-convicted felons could face up to 20 years in prison for what prosecutors had described as a conspiracy to manipulate elections for decades in the rural, heavily Republican county.

In additional to federal racketeering, several of the defendants were also convicted of charges that included mail fraud, extortion and laundering money used to buy votes.

The BRAD BLOG has been following this story since the conspirators were originally arrested in March of last year, and as details of the election officials' manipulation of ES&S iVotronic touch-screen voting machines has emerged...

Guest blogged by Ernest A. Canning

“A lie can travel halfway around the world while the truth is still putting on its shoes.” - Mark Twain

"All that is needed for the forces of evil to triumph is for enough good men to do nothing." -Edmund Burke

In a society increasingly dominated by dictatorial and corrupt corporate wealth and power, a collection of community organizations, The Association of Community Organizations for Reform Now (ACORN), steps forward to become the voice of the most vulnerable of our citizens --- the poor and lower-middle class. It is a national coalition which not only strives to insure that these otherwise atomized and powerless masses retain and exercise their equal right to vote, but a caring organization which seeks a living wage for all citizens; that tries to protect them from predatory lenders and phony foreclosure assistance scams.

At a time when the heartless and uncaring Bush/Cheney cabal left thousands of our fellow citizens to sink or swim in a toxic soup of petrochemicals, flood waters and decaying bodies, ACORN, according to the Congressional Research Service [PDF], stepped forward to assist "in the clean-up of 1,850 homes and" organized "10,000 hurricane survivors into the ACORN Katrina Survivors Association."

So it comes as no surprise that ACORN has become the target of a years-long relentless right-wing assault, most recently spearheaded by the likes of accused federal felon James O'Keefe and his serial dissembling employer and publisher, Andrew Breitbart. Neither is it a surprise that the phony pimp's video hit pieces emerged on Rupert Murdoch's own Fox "News" Channel, which Robert Greenwald so forcefully demonstrated was but the propaganda arm of the GOP in Outfoxed: Rupert Murdoch's War on Journalism.

It is, however, slightly more surprising, and certainly most noteworthy, that now that they've been exposed as hoaxes, even Murdoch's own New York Post was forced to describe the doctored tapes as a "'heavily edited' splice job that only made it appear as though the organization's workers were advising a pimp and prostitute on how to get a mortgage...[with] many of the seemingly crime-encouraging answers...taken out of context so as to appear more sinister."

What is truly disturbing, however, is that this concocted tale would be unquestioningly accepted as legitimate by the corporate media and by Congress, which, in their rush to mollify the noisy hard-right, displayed a profound ignorance of basic concepts of fundamental fairness and due process of law.

ACORN was prematurely and inappropriately tried and convicted in the press and in Congress, without so much as a single hearing, vis a vis a grotesque and shameful word-of-mouth propaganda lynch job unseen since the days of Joseph McCarthy, the disgraced, right-wing demagogue who misused his powerful perch in the U.S. Senate to smear "loyal Americans as disloyal" and who falsely "charged that the government was being undermined from within"...

[UPDATED TWICE: Good news! Morrissey quickly corrected his report after we notified him of the incorrect coverage. Bad news! His correction was also incorrect. SECOND UPDATE: Morrissey has copped to his second error as well, and has finally corrected appropriately. Details on all, at bottom of this article. -BF]

Once again, the accurate reporting of facts, truth, and reality doesn't seem to be required when it comes to the Rightwing's continuing, years-long attempt to villainize the community organization ACORN for having the temerity to help legally register millions of low- and middle-income voters (who tend to vote Democratic) to legally vote so that they may legally participate in their own democracy.

Latest example: Yesterday, Ed Morrissey of Hot Air --- a blog created by Rightwinger Michelle Malkin and recently purchased for an undisclosed sum by the far Rightwing Salem Communication outfit --- misreported [emphasis added]:

Unfortunately, Morrissey and Hot Air are patently --- and apparently knowingly --- incorrect.

The "two felony indictments," which Morrissey even links to [PDF] and quotes from in his inaccurate hit piece, are not "against ACORN," but against two workers who defrauded ACORN, even as the pair defrauded the voter registration process...

Meanwhile, back in Clay County, Kentucky, where election officials (including the county clerk, a district court judge, and the school superintendent) were arrested last year, and are now on trial, accused of having "fix[ed] elections for decades," a "precinct worker testified...that top election officers in the county taught her how to change people's choices on voting machines to steal votes in the May 2006 primary." The vote stealing was accomplished on ES&S touch-screen electronic voting machines, without the knowledge of legitimate voters, after they'd left the booth thinking they had cast their votes.

The scheme also included Republicans changing their party registration to Democratic in order to serve as Democratic poll judges and officers on Election Day, as has been alleged elsewhere (for example, in Ohio in 2004)...

Is it possible that Thor Hearne, the rightwing operative attorney The BRAD BLOG has been following for years after we discovered him at the heart of a phony "non-partisan" GOP astroturf operation set up just after the 2004 election, calling itself the American Center for Voting Rights (ACVR), has finally seen the light?

Seems highly unlikely for the national general counsel of Bush/Cheney '04 Inc., who knowingly misled Congress on that point and many others. But perhaps after our years dogging him and detailing his lies and phony agenda working to keep legal (Democratic-leaning) citizens from being able to exercise their legal right to vote, he's gotten tired of being the poster boy for the Republican's anti-democracy campaign.

As detailed yesterday by Fired Up! Missouri, who appear to be as confused as we are...

Simon Worrall's piece from February's Maxim on the mysterious death of Bush/Rove/GOP IT guru Mike Connell is now available online.

As we noted in our detailed exclusive preview of the piece last month, the 3,500-word exposè by the British author and journalist is the closest thing to mainstream corporate media coverage that this story has received since Connell's death. Worrall offers a number of tantalizing facts and fresh interviews about the man whose companies and computers and websites were said to have been near the center of (among other under-investigated crimes) the alleged gaming of the 2004 Presidential Election in Ohio. He has also been posting a series of short "Back Story" pieces on this feature article over on his own blog that you may find interesting as well.

Connell died when the single-engine aircraft he was piloting just prior to Christmas 2008 crashed in flames near Akron. The tragedy came just weeks after he was compelled by a federal judge to give a deposition in a long-standing 2004 federal election fraud lawsuit, on the heels of reports that Connell had been threatened by Rove to "take the fall" for whatever happened in '04. After Worrall's year-long investigation, he believes it's highly likely that Connell was, in fact, murdered.

The BRAD BLOG earned 2010 Project Censored award for "Excellence in Investigative Journalism" for our own coverage of the Connell story. Highlights of that coverage are linked below. (And P.S.: Our own feature article on the formerly-gagged FBI Whistleblower Sibel Edmonds, in the March issue of Hustler, is still currently on the stands!)...

So if ACORN itself is "guilty" for something or other, based on what some of their employees did, what does that make rightwing faux "journalist" and Matt Drudge poodle Andrew Breitbart, who has now admitted that accused felon James O'Keefe worked for him?

In a rather embarrassing "interview" (really a staged dog and pony show, ostensibly meant to try and help Breitbart out of his apparent jam of being found to have been 'palling around with federal felons') conducted by rightwing propagandist Hugh Hewitt yesterday on the public's airwaves following O'Keefe's arrest in an alleged scheme to tamper with the phones of a U.S. Senator, Breitbart admitted that he "paid a fair salary" to the alleged felon.

After Hewitt asked, "so he is an employee?" Breitbart impossibly demurred: "I'm not sure that's technically the thing, but yes, he's paid for his life rights."

Mmmm-kay. Having trouble seeing the distinction there. Nonetheless, what's clear is that Breitbart pays O'Keefe for his work, whatever the hell that "work" is.

But wait, this gets far more ridiculous as these two knuckleheads proceed to blow away years of their very own propaganda. In further comments, overlooked for the most part by others so far, made by Breitbart and Hewitt in that "interview," they succeed in moving this entire affair from the utterly ridiculous to the laughably absurd...

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...

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 BRAD BLOG has long endeavored to fight back against the disinformation being put forward by the GOP "voter fraud" charlatans and fraudsters contending that massive fraud is being carried out by voters at the polls, requiring the institution of disenfranchising Photo ID restrictions at the polling place which would result in some 21 million Americans being unable to cast their legal votes, according to the League of Women Voters and most other serious experts on these matters.

Once again, a story out of Kentucky helps us highlight that it's election insiders, not voters themselves, who are, by far, the greatest threat to the integrity of elections.

We reported early last year on the passel of election officials in Clay County, KY, arrested for buying and selling votes, manipulating ES&S electronic voting machines without the knowledge of voters, and otherwise fixing elections from 2002 to 2006.

As their January 19 trial date nears, more motions are being filed by federal prosecutors. The latest, filed last week, alleges that two of the top officials charged --- one, a circuit court judge and the other, the county school Superintendent --- had been fixing elections for decades before their recent indictments...

Earlier this month, a two-month independent investigation of ACORN, by former Massachusetts Attorney General Scott Harshbarger, found incidents of mismanagement, but no criminal wrongdoing by ACORN, the favorite whipping boy of Republican scammers such as Glenn Beck, Rush Limbaugh, Fox "News" and the GOP itself. That investigation (full report here [PDF]) also found that the "sting videos" used recently against ACORN were highly doctored and manipulated.

Of course, readers of The BRAD BLOG know the Republicans' entire, long, sad, anti-democratic (small "d" and large "d" both) campaign is based on little more than the fact that ACORN registers millions of legal low and middle income voters who tend to vote overwhelmingly Democratic (large "d") rather than Republican, and the GOP and their democracy-hating proxies will go to any lengths to keep those legal voters from exercising their legal franchise.

And today, once again, ACORN is cleared of wrongdoing vis a vis yet another independent investigation, this one by the Congressional Research Service [PDF], as noted in a press release from U.S. House Judiciary Chair John Conyers this afternoon (posted in full below).

Of most note to our readers, Conyers' statement points out what we've been pointing out - over and over and over again for years: "There were no instances of individuals who were allegedly registered to vote improperly by ACORN or its employees and who were reported 'attempting to vote at the polls.'" Who knew?! What a surprise! (At least to Fox "News" viewers, who probably won't hear about this report either.)

Also: "No instances were identified in which ACORN 'violated the terms of federal funding in the last five years.'"

And: "Recently enacted federal legislation to prohibit funding to ACORN raises significant constitutional concerns. The courts 'may have a sufficient basis' to conclude that the legislation 'violates the prohibition against bills of attainder.'" That finding is one that a federal judge also recently concurred with, when she issued an injunction earlier this month to keep the law from taking affect since ACORN had "been singled out by Congress for punishment that directly and immediately affects their ability to continue to obtain federal funding, in the absence of any judicial, or even administrative, process of adjudicating guilt."

Finally, according to today's report, Andrew "Drudge's Poodle" Breitbart's phony video-taped "sting operation" against ACORN may, itself, have violated the law in both California and Maryland, about which we might ironically recommend to prosecutors: "Capital punishment" for Andrew Breitbart!

The short press release from Conyers, announcing the new report's bullet points, follows below...

UPDATE: And coverage of the NYTimes burial of this report, now follows below it...

I'll be appearing for a Q&A in St. Louis on Tuesday (12/15 @ 7:30pm), after a screening of Patty Sharaf's award-winning documentary, Murder, Spies & Voting Lies: The Clint Curtis Story featuring both myself, and our reporting here at The BRAD BLOG on the Republican computer programmer turned vote-rigging whistleblower.

The screening is part of the traveling Burning Fuse Film Festival which hits Webster University's Film Series this week. Murder, Spies... will screen Tuesday, December 15 @ 7:30 in St. Louis at Webster's Winifred Moore Auditorium, 470 E. Lockwood, Webster Groves, MO, Directions/Map, More info: 314-968-7487.

Hope you'll stop by and say hello! Here's a flier [PDF] if you're in the hood and feel like helping to spread the word!

(NOTE: If you're not near St. Louis, or even if you are, but would like to support our work, we are still offering DVDs of the film, as signed by both myself and Sharaf, as premiums to supporters of The BRAD BLOG. We enjoy no corporate or foundational funding, so we appreciate whatever you are able to offer to help us continue our work. See this item for details...)

On Thursday, Nathan Barker of upstate New York's Gouverneur Times --- a far-Right online publication (featuring columns by the likes of Michelle Malkin, Oliver North, Chuck Norris, and all the rest of the wingnutters) --- filed a lengthy, and somewhat breathless, report alleging a computer virus had infected several of the new e-voting systems in first-time use during the November 7th Special Election in NY's 23rd Congressional district between Democratic candidate Bill Owens, Conservative Party candidate Doug Hoffman, and Republican Dede Scozzafava (who dropped out of the race just prior to Election Day and threw her support to the Democrat).

Barker charged that a "VIRUS in the VOTING MACHINES" [his caps] resulted in "tainted results," "casting doubt on the accuracy of counts retrieved from any of the machines" used in the election.

Owens was reported to have won the election by a small margin on Election Night --- made smaller as errors were discovered during the post-election canvass --- before being hastily sworn in to the U.S. House just a few days later, in time to provide a crucial Democratic vote in favor of the health care insurance reform bill.

Barker's detailed report clearly offers a hard-right undertone, obviously in support of the Conservative Party candidate Hoffman. The article also advances several unsubstantiated conspiracy theories and features a number of out-and-out inaccuracies as well. A number of the piece's key allegations, though important, are also disputed by election officials, and at least one lead member of New York's election integrity community --- which is, itself, split between supporters of the new optical-scan e-voting systems and those calling for the retention of the Empire State's long-used mechanical lever voting machines.

Nonetheless, Barker raises a number of significant points and important concerns, about which The BRAD BLOG has been warning for years, often in the face of derision, notably from the same Rightwing circles crying foul now, who had previously dismissed such concerns as those of 'tin-foil hat wearing, sore losers and conspiracy theorists' despite actual hard evidence and scientifically-sound details proffered about such concerns.

It's somewhat amusing to see some on the Right, now that they have concerns about a close election, suddenly find religion on the very issues they'd derided as nonsense so stridently in the past. It's very tempting to either disregard them now entirely, or torture them mercilessly on that point. But we'll try to take the high road here since their central concerns, now that they've finally arrived and no matter how long overdue, have been ones that we've shared for years, whether or not they might have stood to adversely affect Democrats, Republicans or independents.

The bottom line is that whether a computer virus, malicious or otherwise, affected the results of the NY-23 Special Election or not --- we've seen no actual evidence that it did, and state officials offer a differing explanation for the e-voting system failures that did occur --- it certainly could have. The direct threat to democracy inherent in the concerns expressed by Barker (whether substantiated or not), underscore the foolishness of using such secret vote-counting systems at all. In New York --- where voters, in real elections, are essentially being forced to serve as beta testers of these new, federally-uncertified systems, made by a company with a long track-record of failure, lies, obfuscation, near-bankruptcy, secretive foreign ownership, election disaster after disaster, and dissembling to the media, as well as federal, state and local officials --- the foolishness is all the more apparent, unnecessary, unfortunate and a clear and present threat to democracy itself...

NY-23's failed Conservative Party Congressional candidate, Doug Hoffman, now says he was "forced to concede" (though it's not clear who forced him, and the concession, as BRAD BLOG readers know, has no legal standing in any case, and, as we noted last week, neither do the voters of New York for the most part, at this point).

But now, as it turns out, Hoffman has also discovered that ACORN stole the election! Not a surprise, given that a new public opinion poll finds that a majority of Republicans think ACORN stole the Presidential election, too! [Hat-tip Digby]:

But NY-23 and the 2008 Presidential election is not all that ACORN did! You can learn more about their stunning crimes (e.g., "ACORN is behind the Eggo Waffle shortage!!!") via #AcornFacts, the new topic that's taking Twitter by storm today...