Salon's Glenn Greenwald (whom I interviewed last night on the Malloy Show on somewhat related topics, audio archive now here), covers this morning's latest "entirely unsurprising" news that Cheney tried to deploy the U.S. military on U.S. soil against U.S. citizens following 9/11. And unaccountable-DoJ-attorney-for-all-illegal-unConstitutional-seasons John Yoo was happy to supply a "legal" memo for him, describing how the U.S. Constitution could be entirely ignored by any President at any whim.

Greenwald begins this way [emphasis in original]...

So whatever happened to that expected indictment of former Congressman Tom Feeney (R-FL) and alleged vote-rigging conspirator for, among other things, his 2003 Abramoff-funded junket to play golf in St. Andrews, Scotland?

The other two Congressman who took the trips with the disgraced, imprisoned Republican uber-lobbyist have been held, at least, partially to account (Rep. Bob Ney (R-OH) spent time in jail, Rep. Tom DeLay (R-TX) is still facing related indictments in Texas). Feeney ran a sad "apology" commercial --- five years later --- during his unsuccessful re-election bid in 2008, but since then has so-far escaped real accountability for that, and the many other allegations of corruption that helped see him listed as among Congress' "Most Corrupt" for four years running.

So what happened to Feeney's indictment? A D.C. Court of Appeals decision from February (as we reported at the time, when we also noted Feeney is now being repped by Karl Rove's criminal attorney) was finally unsealed last week likely explaining the answer --- at least for the delay of such an indictment...

Waytago, New Hampshire! We've now got six states in the union who respect the conservative principle of Equal Protection for all as written into our U.S. Constitution. At least in the case of marriage (we'll talk about that whole election mess at another time). The rest of you 44 America-hating states comin' aboard soon?

BTW, for those of you making summer travel plans this year, might I recommend spending some money in New Hampshire, Vermont, Connecticut, Massachusetts, Maine or Iowa? I understand they're all lovely this time of year!

Today, we remember, the 2,979 killed in both the terror attacks of 9/11 and in the oft-overlooked anthrax bio-terror attacks on American soil which occurred in the following weeks, along with all of those who have given their lives in defense of this nation and its Constitution, including the 5,679 U.S. troops who have been sacrificed so far in George W. Bush's (and now Barack Obama's) wars in Iraq and Afghanistan --- a number which does not include the countless U.S. contractors who have also perished in those conflicts.

As a veteran of Vietnam, my friend and colleague John Gideon, whom we tragically lost late last month, was a champion not just of voters' rights, but of all the causes of his fellow veterans and active-duty brothers and sisters.

Today, The BRAD BLOG's first Memorial Day without his valued presence, we dedicate this day to his memory, his undying fight, and his soaring spirit.

I thought it would be appropriate today, then, to offer the recent Part 2 of Talk Nation Radio's moving audio tribute to the legacy of our friend John. As in Part 1 of Dori Smith's radio special, I appear once again, along with VotersUnite.org's Ellen Theisen and John himself, in both voice and memory. Also, good friend and longtime election integrity advocate Pokey Anderson, of Houston Pacifica's KPFT, speaks about John and his legacy in this part as well. All four of us are seen in the photo below, taken by Desi Doyen, last summer during a few hours of wonderful retreat up in Washington state. It would be the last time all five of us would be together in person.

Download MP3 or listen online [appx. 30 mins]...

Post-Script: I just noticed that this article's permalink happens to be BRAD BLOG item number '7176' --- an oddly appropriate 'anagramatical' coincidence for you numerologists out there. Make of that as you will...

The former State Department adviser to Condoleezza Rice and executive director of the 9/11 Commission, Philip Zelikow, disclosed at Foreign Policy's Shadow Government yesterday that he offered a dissenting view to the torture memos and policies of the Bush Administration. (Ernie Canning discussed those memos and policies in detail here this morning.)

Zelikow not only dissented from the party line, admirably, but he also learned at one point that while the administration disagreed with his opinion, they were taking it a step further by actually going out of their way to destroy all copies of his memo. As he explained at FP yesterday:

While it's admirable, I suppose, that he's finally speaking up to reveal that at least someone in the Bush Administration dissented from their tortured legal justifications for war crimes, the question must be raised as to why Zelikow didn't simply resign when it became clear that the administration was going far beyond simply disagreeing with him. They were stepping over what would seem to clearly be the line of legality, by actually destroying (or attempting to), all copies of his opinion.

Surely that was a red flag that something was gravely amiss there, no?

Zelikow was on MSNBC's Rachel Maddow Show last night (complete video and transcript below), and she asked directly if he'd considered resigning at that point. But I find his answer rather unsatisfying, in my opinion...

Guest Blogged by Ernest A. Canning

At the same time he took a step forward, releasing the four Justice Department torture memos he described as a "dark and painful chapter in our history," President Barack Obama assured CIA employees, who tortured under cover of these quasi-legal sophistries, they would not be prosecuted. The President said this was "a time for reflection, not retribution...nothing will be gained by spending our time and energy laying blame for the past." White House Press Secretary Robert Gibb explained that the President insisted on "looking forward." U.S. Attorney General Eric Holder not only seconded the President's promise not to prosecute, but vowed to provide legal counsel to defend these war criminals and to pay the damages awarded to their victims.

Great Britain's Times Online, quoting an unnamed former official, suggested there may be cases where the CIA exceeded the DOJ guidelines; perhaps even killed detainees. The President's hint at immunity does not extend to officials who exceeded the guidelines. Although the President, in his remarks, made no mention of those who ordered torture, White House Chief of Staff Rahm Emanuel told ABC's George Stephanopoulos last Sunday that the President did not believe "those who devised the policy" should "be prosecuted."

The President's promise not to prosecute generated a firestorm of protest from the legal community. Law Professor Jonathan Turley blasted the effort to equate law enforcement with "retribution."

Rep. Jan Schakowsky (D-IL) who serves on a House Intelligence Sub-Committee, added fuel to the firestorm by contrasting the President's advancement of the "I was only following orders" defense to the principles our nation applied at Nuremberg after WWII. Manfred Nowak, the UN special rapporteur on torture, said the President's refusal to prosecute violates the UN Convention Against Torture.

Before discussing the refreshing news that we have a President who, in the face of such a powerful critique, is not afraid to reverse course, let's consider what it means to "look forward" given that the principle author of these torture memos, Judge Jay S. Bybee, now sits on the 9th Circuit Court of Appeal, passing judgments on others. Absent incapacity or impeachment, there he will stay for the rest of his life...

The list of out-and-out lies in this new anti-marriage ad, on the heels of recent constitutionally conservative victories in Iowa and in Vermont, is astounding...Even by the standards of the cowardly, fear-mongering hate groups that spend millions in their fight against equality and Constitutional equal protection under the law...

The ad, from the ironically-named NationForMarriage.org (NOM) hustlers, who appear to have just set up their new, thinly-disguised hate site as of yesterday, looks to have cost quite a bit of somebody's money.

Courage Campaign, who aptly describes the ad as "deplorable" and notes that it's now "airing across the country and 8 times a day in California" has launched a campaign to fight back against what it describes as the anti-American NOM scaredy-cats' use of "actors to push lies claiming that marriage equality threatens personal freedoms". Aren't there any restrictions in place that keep broadcast outlets from airing out and out lies like the many in the above propaganda video? Anyway, please help the Courage Campaign folks out, if you're inclined (or if you happen to place American Values above opportunistic, dishonest Religious Bigotry).

Guest Blogged by Ernest A. Canning

Author and former radio talk show host Al Franken, the Democratic challenger for the U.S. Senate seat in Minnesota, will be the state's next U.S. Senator, according to a final tally by the bi-partisan three-judge panel overseeing challenger Norm Coleman's election contest against him.

This morning in St. Paul, officials from the Minnesota Secretary of State's office, under the in-court direction of the three-judge Election Contest panel in the former Senator's contest against Franken, tallied all remaining lawfully cast absentee-ballots that were not previously opened and counted. This was done on camera, in open court. The attorneys from both sides, along with the media, were all present.

The final tally of the remaining ballots was 198 votes for Franken, 111 votes for Coleman and 42 votes for "other." When this is combined with the initial 225 vote lead, certified by the bi-partisan State Canvassing Board in December, it adds up to a 312 vote Franken victory, arrived at by both a transparent, post-election hand-count late last year, and the additional tallies added under the painstaking care exercised by the three-judge panel in Coleman's three-month long contest trial.

Al Franken has now won the U.S. Senate seat, but do Coleman's promised appeal(s) stand a chance of winning? And will the Democrats in the U.S. Senate now assume their Constitutional right to dutifully seat the Senator from Minnesota?...

Guest Blogged by Ernest A. Canning

In my previous piece, "Prosecute or Perish", here at The BRAD BLOG --- in which I argued that criminal investigations and, where appropriate, prosecutions of the Bush/Cheney cabal for war crimes was not merely mandated by our treaty obligations but vital to preserving our constitutional democracy and the rule of law --- I referenced an allegation by Seymour Hersh that the Bush regime had created a highly secretive "executive assassination ring" which reported only to Dick Cheney's office and which had "been going into countries, not talking to the ambassador or the CIA station chief, and finding people and executing them and leaving."

How can a nation that calls itself just convict the Japanese officers who waterboarded my father, yet refuse to so much as investigate high officials from our own government who authorized the same war crime and, as newly alleged, even much worse...

Guest Blogged by Ernest A. Canning

"It will remain one of democracy's best jokes that it provided its deadly enemies with the means by which it was destroyed." - Joseph Goebbels

Gradually, as the veil of secrecy lifts, a growing number of Americans are beginning to comprehend the lawlessness of the cabal which seized control of the White House in 2000 in what amounted to a judicially-aided coup d'etat.[i] This lawlessness extended across the board. It included the packing of federal agencies with lobbyists from industries they were designed to regulate, deception to take this nation into a war of choice, fraudulent no-bid contracts, torture, extraordinary rendition, warrantless NSA eavesdropping on the entire stream of domestic electronic communications, and, if Seymour Hersh's recent allegations are accurate, the creation of a highly secretive "executive assassination ring" which reported only to Dick Cheney's office and which had "been going into countries, not talking to the ambassador or the CIA station chief, and finding people and executing them and leaving."[ii]

The reaction of leading Democratic politicians to these unprecedented high crimes has been ambivalent, at best. Even before she assumed the role of Speaker, Nancy Pelosi announced that impeachment was "off-the-table," thereby enabling two more years of executive lawlessness, not to mention the nation's economic demise. Pelosi evaded so much as mentioning their high crimes until February 2009. President Obama acknowledged that "no one is above the law," but added that the focus of his administration is to look forward, not back.

There are fundamental deficiencies in the President's formulation. First, it is impossible to observe the rule of law without looking back. It would make no sense, for example, for a man charged with armed robbery to come before a judge and say, "Well, the robbery was in the past. You've got to look forward. I have every intention of abiding by the law in the future. So why prosecute me?" Second, looking forward does not mean handling current events at the expense of the rule of law. The point is to look far enough into the future to appreciate that the same people who brought us the last eight years of executive lawlessness could one day return to power...

Michelle Shafer is the "Baghdad Bob"-in-chief of the e-voting industry. She's the VP and spokesperson for Sequoia Voting Systems and spokesperson for the e-voting industry as a whole via the Election Technology Council (ETC), a "trade group" created and sponsored by the nation's top four e-voting companies (ES&S, Sequoia, Diebold/Premier, and Hart Intercivic) to help spread their anti-science, anti-reality, pro-e-voting propaganda.

In the very last line of an article published on Thursday, on yet another e-voting related issue (which we may cover in more detail later), Michelle "Baghdad Bob" Shafer is quoted thusly:

As irony would have it, Thursday was also the very same day that news broke of the arrest of a cabal of election official insiders --- including a circuit court judge, the school superintendent, and a number of both Democratic and Republican polling place judges --- charged with having used the electronic voting system to compromise election after election, from 2002 to 2006 in Clay County, Kentucky.

Of course, very strong evidence exists that many other elections have been similarly manipulated on electronic voting systems by election insiders (see here, for just one example), including by both election officials and employees of the various private vendors whom Shafer represents. Much of that evidence, however, has been held at arm's length from citizen election integrity advocates under the absurd argument that that information is a proprietary, legally-protected trade secret. That specious argument has been made for years by the very government-funded corporate welfare queens, like Shafer's companies, that have been paid by our government to privatize our public elections.

So it's been difficult, at least until last week, to point disinformation experts like Shafer to the very evidence that reveal her statement, repeated time and again, to be a lie --- thanks in no small part to the "trade secret" claims of folks like Shafer. Get it? It's a helluva self-perpetuating scam...

Last week, President-elect Barack Obama said he was open to "good ideas" from anyone, even from the New York Times' Paul Krugman. (Video here.)

"If Paul Krugman has a good idea...then we're gonna do it," said Obama. He was speaking about "good ideas" for his economic stimulus package at the time, but we'd written that we hoped the sentiments might extend to good ideas on any important issue that his administration might face, including some good ideas of our own that we'd offered to his transition team, who had consulted with us, as they are working on review of the dreadfully-failed U.S. Election Assistance Commission (EAC).

Well, as it turns out, the New York Times' Paul Krugman does have some very good ideas, as noted in an op-ed yesterday, this time on why the Obama administration must bring accountability for the crimes of the Bush Era. The must-read column, headlined "Forgive and Forget?" begins this way...

-- Brad Friedman, The BRAD BLOG

The state canvassing board in Minnesota has now certified Al Franken (D) as the winner over incumbent Sen. Norm Coleman (R) in the race for the U.S. Senate. Barring a successful legal challenge, which has now been filed by Coleman, Franken will have won the seat by an astoundingly close 225 votes, out of some 2.9 million cast.

But there's still a chance, albeit a slim one, for Coleman to reverse his fate. A very good provision in MN's law --- not found in most other states --- may delay Franken's seating, meaning he will not be sworn in with rest of Congress at the beginning of the new session slated to start tomorrow. Ultimately, however, the provisions should ensure that whoever is eventually sworn in to serve as the state's Senator will not be forced to serve under a cloud.

The voters of MN deserve that much, no matter how long it takes, and thankfully, like its hand-count laws, the state's provision requiring the completion of legal challenges before final certification is sent to Congress by the Sec. of State, is a model for the nation.

Would that all of the other states in the union had such a provision...

During a discussion on last Friday's Real Time w/ Bill Maher on HBO, the topic of electoral reform came up. There were the usual discussions of electoral college concerns, primaries vs. caucuses, and then Ashton Kutcher broke in with a point that may well signal he's a reader of The BRAD BLOG, as I believe we were the first (only?) to call for Wednesday as a national election/voting holiday, for the precise reasons that Kutcher points out in the following video clip (appx 1 minute)...

Hey, Ashton! Drop us a line! Given the above, as well as other comments you made on last Friday's show (one of them we posted earlier here), we'd be delighted to make you our first official BRAD BLOG Celebrity Ambassador At-Large! No, seriously. We could use one.

For the record, we most recently wrote about Wednesday as a national election holiday in our piece last week warning about the dangers of the increasing move towards the bad idea of "Vote-by-Mail" elections. Quoth yours truly at the time:

BTW, while we fully support making Wednesday an official national Election holiday, for the reasons Kutcher describes (and a few more), such a move would likely require a Constitutional amendment, unfortunately. But we could use one anyway for that electoral reform and a number of others (e.g., Rep. Jesse Jackson Jr.'s amendment to ensure a Constitutional "right to vote," as well as making it a felony offense to deny even one voter that right, as originally advocated by the legendary Leon County, FL, Supervisor of Elections, Ion Sancho.)

Kutcher's quick comments on this topic are transcribed in full below...

My column this week at the UK's Guardian is headlined "Careening down the slippery slope." It begins this way...

Please check out the full article...