Guest Editorial by Ernest A. Canning

A number of comments, some posted here at The BRAD BLOG, others in media accounts, suggest that President Obama's willingness to abandon the "public option" was either a caving-in to "formidable opposition" or, as Howard Fineman speculated on MSNBC's Countdown, merely the case of the President's use of the "public option" as a "bargaining chip" which he played "way too early." T.J. Caswell described it as "throwing in the towel."

Other assessments have been less charitable. In a powerful video, journalist John Pilger argues that President Obama is nothing more than "a marketing creation"; that the American electorate was duped into believing the junior senator from Illinois was on the side of common men and women. Pilger portrays the President as a sort of Manchurian candidate for Wall Street, the corporate security state and Empire.

While perhaps not quite as harsh as Pilger's, Ralph Nader's assessment is just as devastating:

Not much of a dialogue over health care when those representing a reform --- single-payer --- favored by 60% of the American electorate can't even get an audience with the President...

Claiming that Ohio's Republican U.S. House Rep. Jean Schmidt (R-2nd) is "conced[ing] that she does deny the Armenian Genocide," the campaign of her Democratic challenger David Krikorian has just issued a press release (posted in full below), stating that Schmidt has dropped four of her "false statements" complaints against him in her Ohio Election Commission (OEC) case, while petitioning the court to add a new claim in the bargain.

The news comes on the heels of last Saturday's deposition by the FBI's former Turkish-American translator Sibel Edmonds who had been subpoenaed last week to testify in the case. The whistleblower had been previous-gagged by two different assertions of the "state secrets" privilege during the Bush Administration. She was finally able to testify on Saturday, under oath, about alleged infiltration, bribery, and blackmail by Turkish agents, of current and former members of the U.S. Congress and other high ranking officials in the Departments of State and Defense. The BRAD BLOG covered the stunning deposition as it happened last Saturday.

Schmidt had challenged Krikorian's claim, during his 2008 independent campaign against her, that she accepted "blood money" from Turkish agents in exchange for helping to block a Congressional resolution recognizing the 1915 killing of some 1.5 million ethnic Armenians as a genocide....

As we continue to wait for the release of the video/transcript of long-gagged FBI whistleblower Sibel Edmonds' deposition last Saturday, the campaign of David Krikorian, Ohio's Democratic candidate for the U.S. House seat in the 2nd Congressional district, has just issued a press release relating to it. (Complete release posted below.)

In the statement, they re-iterate some of the information which The BRAD BLOG covered during our live-blogging of the event over the weekend, including Edmonds' allegations under oath that "the Turkish Lobby in the United States was under the direction of the Turkish Government and engaged in operations including bribery, espionage and blackmail with certain members of the US House of Representatives to further its objectives in the United States including one of which is the denial of the Armenian Genocide."

Some of those current and former House reps, such as Dennis Hastert (R-IL), Dan Burton (R-IL), Bob Livingston (R-LA), Dick Gephardt (D-MO), and Stephen Solarz (D-NY), were said to have been specifically named during the 5-hour-long deposition. One female Representative, said to be a Democrat and still serving in the House, was described, but not named, as having been "hooked" by Turkish agents into participating in a lesbian affair which is said to have been videotaped for potential blackmail use against the sitting Congresswoman....

[Update 8/7/09: FBI has now attempted to block Edmonds' testimony. Exclusive details now here...]

Unless the Dept. of Justice re-invokes their twice-invoked "state secrets privilege" claim in order to once again gag former FBI translator-turned-whistleblower Sibel Edmonds, her attorneys have notified the department by hand-delivered, sworn letter of declaration [PDF] this week, that she intends to give a deposition, open to the media [Updated: see bottom of article for details], in response to a subpoena this Saturday in Washington D.C..

Edmonds has confirmed her intentions to answer any questions asked of her during the sworn proceedings, fully and publicly, during conversations with The BRAD BLOG this week. She notes that her agreement with her former employer, the FBI --- who fired her illegally after she filed whistleblower allegations about corruption and foreign infiltration in the linguistics department --- includes certain non-disclosure requirements. However, those requirements do not preclude her answering to a legally issued court subpoena.

The subpoena and request for sworn deposition is part of a case now pending before the Ohio Elections Commission in which Ohio's Republican U.S. Congresswoman Jean Schmidt (R-2nd District) has filed a complaint against her 2008 independent challenger, David Krikorian who Schmidt has charged distributed false statements about her during last year's campaign.

The resulting testimony, if it indeed occurs this weekend, could be far more explosive than either Schmidt or Krikorian might have ever guessed...

UpTake.org interviews Senator-Elect Al Franken: "I want to thank the UpTake for what you did during the recount and the contest, for making it so transparent, what the process was, the transparency of it. It was an unbelievable great service."

On that point, we'll concur with Franken wholeheartedly. Their coverage alone helps make specious, partisan propaganda disguised as commentary, like the WSJ's, even more laughable and baseless than it already was.

The UpTake's live video, radio, and live-blog coverage and analysis of every step in the Franken/Coleman hand count, election contest, etc., set the standard for the very best of indispensable citizen journalism. Big thanks and kudos are owed Michael McIntee, Noah Kunin, et al! Take a well-deserved victory lap, guys!

In an unbylined Wall Street Journal editorial (why a liar and sore-loser like WSJ/GOP operative John Fund is so ashamed to put his name on his own writing we'll never know...okay, maybe we do), the once-respectable paper shamelessly asserts: "Mr. Franken now goes to the Senate having effectively stolen an election."

In response, we'll associate ourselves with TPM's Eric Kleefeld's take on it, calling it "an essay that is so full of factual errors and distortions about what happened, it can drive you nuts if you'd spent countless hours following all the gritty details like I did."

It's all par for the cowardly John Fund course, of course.

But since the sore-losing, sour-grapes, tin-foil hatted conspiracy theorists of the Wall Street Journal have taken the opportunity to propagandize the transparent Franken/Coleman election results by comparing them to the 2004 Washington state Gubernatorial race, where the Democratic candidate Christine Gregoire defeated Republican Dino Rossi during a long, sloppy post-election contest and court case, let's remind folks for the record, here in the reality-based community, what the judges in each case found in regard to the keyboard wingnut claims of "fraud"...

Please check out my editorial in response to the Franken election, as published at the UK's Guardian yesterday just after the MN Supreme Court verdict. Here's a taste...

Check out the whole thing, if only for some of the whacky comments posted by some of the wingnut dead-enders over there. One of them, "MikeMichigan" wrote in response to my piece, channeling every nutball with a primetime show over in Crazy Land (aka Fox "News")...

[Updated several times at end of article...]

The Minnesota Supreme Court has just ruled that Democrat Al Franken will be the state's next U.S. Senator, bringing to a close the months-long contest against former Republican Sen. Norm Coleman.

The decision was a unanimous 5 to 0 ruling, finding that Franken was "entitled" to be certified by the state's Republican Gov. Tim Pawlenty and its Democratic Secretary of State Mark Ritchie.

Pawlenty has recently said he would sign the certification for Franken, if ordered to do so by the MN Supremes. The state requires a signature for certification from both the Governor and the Sec. of State before Congress members may be seated. State law also allows for all election contests to be settled in the state before certification is signed.

Franken's seating would give Democrats a theoretical 60-seat, filibuster-proof majority in the Senate, following Arlen Specter's recent move to the Democratic party.

Franken, an author, former radio talk-show host, and comedian, was found, by a three-judge, tri-partisan election contest panel to have won the election by 312 votes following an historic, painstakingly careful hand count of nearly 3 million paper ballots cast in last November's election. Coleman may now appeal the decisions of the state canvassing board, the three-judge election contest panel, and the unanimous decision of the state Supreme Court to the U.S. Supreme Court...

What's perhaps most interesting here is what isn't mentioned in this story, as written on the Los Angeles Times' "L.A. Now" blog. First, here's their entire blog item...

And what they didn't bother to mention in that story?...

Two stories of thousands of "phantom votes" being added to election result totals by electronic voting system were in the news over the past couple of days.

One is some news in the older story of 1,500 votes added to a precinct's results in D.C.'s primary election last September. The maker of the failed voting system, Sequoia Voting Systems, Inc., originally tried to blame "static electricity" and then "human error" for the failure. But as the D.C. City Council was having none of it, the company has now agreed to allow an independent inspection of its hardware and software, in order to avoid yet another expensive court battle for the beleaguered company.

The other story concerns nearly 5,000 "phantom" ballots added by the ES&S AutoMark optical-scan system used in last week's Rapid City (Pennington County), South Dakota, City Council race, for some still unknown reason, currently chalked up for now to "software glitch." The discovery of the failure led to a change in the originally reported election results.

The skinny on both stories, and an extra observation or two on the Sequoia/D.C. matter, follow below...

Guest Blogged by Ernest A. Canning

Minnesota Governor Tim Pawlenty (R) informed MSNBC's Andrea Mitchell:

Pawlenty's remarks are consistent with MN Election Law as interpreted [PDF] by the MN Supreme Court in Franken v. Pawlenty. (The latest MN Supreme Court action in Coleman v. Franken was recently covered here). MN law prevents either Governor Pawlenty (R) or Secretary of State Mark Ritchie (D) from signing the certificate once an election contest has commenced and before it is completed in state court. It is also consistent with the legal argument presented by Al Franken in his MN Supreme Court brief [PDF] that the MN Supreme Court should order the Governor and Secretary of State to perform what amounts to a "ministerial duty" to sign and countersign the certification of election upon the completion of the state court process. This statement follows, within one day, Pawlenty's announcement that he would not seek a third term as Governor.

[Hat-tip BRAD BLOG commenter 'FreedomOfInformationAct']

UPDATE 6/4/09: Roll Call now reports that Coleman also may be ready to throw in the towel if he loses at the MN Supremes: "Sources close to Coleman say the former Senator would likely give up his legal battle and accept defeat if the Minnesota Supreme Court decides in Franken's favor. That's because Coleman anticipates that Gov. Tim Pawlenty (R) would ultimately sign Franken's certification papers."

Guest Blogged by Ernest A. Canning

From their respective press conferences following today's oral argument at the Minnesota Supreme Court on former Senator Norm Coleman's appeal of the results of his U.S. Senate election contest...

"We are asking that the court send it back to the three judge panel to apply the same standard as election night...Our case is in the offers of proof." - Coleman attorney Joe Friedberg

"The most important question is how long it will take to enfranchise 4,000 Minnesotans." - Former Senator Norm Coleman

"With a ruling from the State Supreme Court we’ll be at the end of this process...I am confident that at the end of the process...Al Franken will be seated." - Franken attorney Marc Elias

Guest Blogged by Ernest A. Canning

During a news conference yesterday (video here courtesy of TheUptake.org) Marc Elias, representing Sen.-elect Al Franken in the election contest brought by former Sen. Norm Coleman, announced the filing of Franken's brief [PDF] responding to Coleman's appeal [PDF] of the decision by the tri-partisan, three-judge election contest panel's ruling which found: "Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator and is entitled to receive the certificate of election."

Noting that, because of its ability to make credibility determinations, a trial court's factual findings are entitled to "great deference" in an appeal, Elias observed that Coleman had a "heavy burden" in showing that the three-judge panel erred on the facts and the law. He says it's a burden the Coleman team has not met in their appellate arguments. Elias noted that the legal contentions made in Coleman's opening brief were "virtually identical" to those that were made and rejected by the three-judge panel.

We discussed Coleman's arguments, and the three-judge panel's rejection of them, last month in 'For Coleman, the End is Near...'. As our legal analysis detailed, we agree with Elias' May 11, 2009 assertion that the Coleman legal challenge is "without merit."

For example, per Elias, Coleman attorney Ben Ginsberg continues to tell the media that 4,400 uncounted absentee ballots were improperly rejected, but as we observed...

By Parke Bostrom and Brad Friedman

On Tuesday, April 21, we gave Humboldt County, CA Registrar of Voters Carolyn Crnich a public records request for the two letters she read aloud (but declined to otherwise disclose) at a March 24 public meeting of the ad-hoc Humboldt Election Advisory Committee.

As The BRAD BLOG previously reported the two letters were from Premier Election Solutions (formerly Diebold Election Systems). The primary purpose of both letters was to terminate all contracts between Premier and the county. The letters were dated March 17 and 18, the day of, and the day after, the CA Secretary of State's hearing regarding serious flaws found in Diebold/Premier's GEMS vote-tabulation system.

At that hearing, a Diebold/Premier spokesperson admitted that all versions of their GEMS systems --- as used in 20 counties in CA, and 34 states across the nation --- feature such flaws. Some of those flaws, including the wholesale deletion of ballots without notice to the system operator, were discovered to the surprise and dismay of Crnich and volunteers working on the Humboldt County Election Transparency Project following the certification of the November 2008 election. Crnich was subsequently forced to re-certify the election with new results. [Disclosure: Parke Bostrom is one of the volunteers on the Humboldt ETP.]

Last Tuesday, at the next monthly meeting of the ad-hoc committee, Crnich presented copies of the two one-page letters and allowed examination of the originals (copies of which are posted at the end of this article.) The letters' legal language is very plain, straightforward and troubling. The contracts' termination clauses are being executed, and those clauses specify the necessary steps and required time frames...no matter how it may adversely affect upcoming elections in Humboldt County...

Guest blogged by Ernest A. Canning

Operating out of an undisclosed location, former Sen. Norm Coleman's attorney, Ben Ginsberg, announced that the Coleman legal team had filed a notice of appeal with the Minnesota Supreme Court, seeking to overturn the three-judge panel decision [PDF] declaring that Al "Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator and is entitled to receive the certificate of election."

Ginsberg asserted that the appeal was based on the same contentions made during the course of the election contest, especially as it relates to equal protection and an alleged disenfranchisement of some 4,400 Minnesota voters.

Franken attorney, Marc Elias, responded, noting that five of the six claims made by Coleman's appeal seek not to add additional votes but to delete votes already counted. Elias announced on TheUptake.org that he plans to file a motion on Tuesday with the MN Supreme Court asking that the court order expedited briefing, with Coleman's brief to be filed by Monday Apr. 27, and Franken's response on May 2.

There's not a whole lot new or unexpected yet here, for the moment, though a review of the political balance of the MN Supreme Court who will hear Coleman's appeal is probably worth a quick look, right about now...