We're up before the West Coast dawn this morning to monitor the hearings in the U.S. House Judiciary's Subcommittee on the Constitution, Civil Rights, and Civil Liberties featuring John "Minorities Die First" Tanner. His recent objectionable comments were originally video-taped and reported by The BRAD BLOG several weeks ago.

The most objectionable of those comments including his contention that it was a "shame" that elderly voters might be disenfranchised by a 2005 Georgia Photo ID poll restriction that he approved on behalf of DoJ and against the advice of four out of five of his career staffers, minorities would somehow benefit from it. His twisted reasoning was that "because our society is such that minorities don't become elderly. The way white people do. They die first."

Tanner, incredibly, is still the Chief of the Voting Section in the DoJ's Civil Rights Division.

It's being carried live and webcast on C-Span 3, as well as via the Judiciary Committee's own webcast.

Major points in our story so far...

• 10/8/07: BRAD BLOG video exclusive of objectionable comments made on 10/5/07 (thereafter picked up far and wide in the media).
• 10/9/07: Tanner's former colleagues say comments "false", "ludicrous", "cherry-picked".
• 10/12/07: Conyers pissed off about comments, and Tanner's earlier whitewashed "investigation" of Ohio 2004 election.
• 10/19/07: Obama writes Acting AG to demand Tanner be fired.
• 10/19/07: DoJ defends Tanner to AP. Says comments "grossly misconstrued".
• 10:24/07: Rep. Nadler says "obviously, he should be fired"
• 10:26/07: Kennedy writes Mukasey, asking if he'll review Tanner's record to consider firing if he's confirmed.
• 10/29/07: DNC calls for "immediate firing" of Tanner.
• 10/29/07: Tanner apologizes (sort of) for comments.

Beyond that, Progress Report has an excellent round up of Tanner's "Erosion of Voter Rights" during his tenure.

The hearings have now ended, but our notes from our Live-Blogging of today's hearings are below, along with video clips of the key, and most pointed exchanges...

"This is pretty unbelievable," begins the email send from the campaign manager of Presidential Candidate Barack Obama to supporters today.

The email, from David Pouffe, calls on members of the public to demand the DoJ fire its Civil Rights Division Voting Section chief, John Tanner, in the wake of disturbing and inaccurate comments, video-taped and first reported by The BRAD BLOG, as made during a recent panel discussion at the National Latino Congreso in Los Angeles.

The email, which exhorts readers to send emails to DoJ via their new "John Tanner Must Go" campaign at http://Action.BarackObama.com/TannerMustGo continues thusly [emphasis in original]:

The letter to supporters from Obama's campaign manager, David Plouffe, is posted in full here.

Last week, Obama had sent a letter to Acting Attorney General Peter D. Keisler, demanding he immediately fire Tanner. Our coverage, along with his full letter, is here.

"The situation is clear," Plouffe writes in today's email after detailing a number of concerns about Tanner's record at the DoJ. "John Tanner has an obvious disregard for the voting rights of minorities and should not be in charge of protecting them."

Plouffe concludes by charging that "His recent comments are the last straw --- he must go."

Hearings have been tentatively confirmed by The BRAD BLOG as scheduled in the House Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Civil Liberties for October 30th at 10:00am ET. Tanner will be called as a witness and likely presented with clips from the video tape that we delivered yesterday in D.C. to committee staffers.

The chairman of the sub-committee, Rep. Jerrold Nadler (D-NY), has said he's hopeful that Tanner "will be as willing to provide lawmakers with the same candid views he has been providing at various public venues."

The chairman of the full House Judiciary Committee, Rep. John Conyers (D-MI), a 78-year old elderly minority member who, contrary to Tanner's assertions has not, in fact "die[d] first," has expressed consternation recently and over the years about the DoJ's chief voting official, including a 2005 letter in which he said he was "flabbergasted" at Tanner's contention that the reason for long voting lines in minority areas in Ohio's 2004 Presidential election was due to African Americans coming to the polls later in the day than non-minority voters.

The twisted conclusions from Tanner's "investigation" of voting problems reported during the 2004 Presidential election, including his assertion that minority voters actually had more access than whites to voting machines, were detailed in a letter, posted here in 2005, which can only be described as an extraordinary (and literal) "white washing" of the facts on the ground that day.

Conyers and his staff published a comprehensive report, entitled "Preserving Democracy: What Went Wrong in Ohio," as based on their own, far-reaching investigation after the election. We look forward to his questioning of Tanner next week.

Yesterday, we detailed additional allegations likely to be faced by Tanner in hearings next week.

A quick, video-taped snapshot of Tanner's most offensive --- and inaccurate, according to his former DoJ colleagues --- comments from the October 5th National Latino Congresso panel in Los Angeles, follows below...

Special to The BRAD BLOG by Bob Fitrakis and Harvey Wasserman of The Columbus Free Press

ED NOTE: The following feature was originally published in the Autumn '07 print version of the Columbus Free Press. The comprehensive aerial overview --- connecting dots from 2000 to 2004 to the outlook for 2008, as based on a wide body of years-long investigative reportage and exposés as collected from a variety of sources, including The BRAD BLOG and many others --- offers such a useful round-up of "our story until now" that we thought running the piece in its entirety here would be a very good idea. We hope you agree.

With record low approval ratings for the Bush/Cheney regime and the albatross of an unpopular war hanging from the GOP's neck, do you think that a Democratic presidential candidate will win the White House, get us out of Iraq, and end our long national nightmare?

Think again – the mighty election theft machine Karl Rove used to steal the US presidency in 2000 and 2004 may be under attack, but it is still in place for the upcoming 2008 election.

With his usual devious mastery, Rove has seized upon the national outrage sparked by his electoral larceny and used it as smokescreen while he makes the American electoral system even MORE unfair, and even EASIER to rig. Thus the administration has fired federal attorneys when they would not participate in a nationwide campaign to deny minorities and the poor their access to the polls. It has spent millions of taxpayer dollars to install electronic voting machines that can be "flipped" with a few keystrokes. And under the guise of "reforming" our busted electoral system, it is setting us up for another presidential theft in 2008.

Thus it should come as no surprise that our exclusive investigations into the firings of eight federal prosecutors who refused to execute Rove’s plans for massive disenfranchisement of Democratic voters reveal a pattern of illegalities and fraud aimed at reducing the number of minority, poor and young voters at the core of Democratic support. In the wake of major news breaks, two felony convictions have come from the rigging of the illegal Ohio 2004 vote count and recount that gave George W. Bush a second illegitimate term. Stunning new admissions from county election boards that illegally destroyed voter records will almost certainly lead to new convictions. And the multi-million-dollar electronic voting machine scam that made possible the biggest electoral frauds in US history is under massive new attack, with key states moving to scrap the machines altogether in a desperate attempt to restore American democracy – but with the job far from done.

Rove, Ney and the Undead

Indeed, the Rovian theft engine is far from dead. The media groundwork has already been laid out for the Republicans to claim that hordes of illegal aliens have registered to vote. The Bush administration has been caught ordering public agencies – possibly in violation of the law – to cease registering voters. In an April, 2006 speech to the Republican National Lawyers Association, Rove openly alluded to the strategy of demanding photo ID and purging voter roles of poor, minority voters just as had been done in 2000 and 2004. And, as always with Bush/Rove, there is much more beneath the surface.

All that has happened to challenge the GOP death grip on the American vote count has been reported in the pages of Hustler and on the internet at FreePress.org, The BRAD BLOG and elsewhere, and is being seized upon by a national grassroots movement determined to restore American democracy next year.

Nowhere has that movement been more in evidence than with the high profile firestorm surrounding Bush administration Attorney General Alberto Gonzales’ firing of eight federal prosecutors without legitimate cause.

Evidence continues to surface from throughout the United States about this blatant Bush abuse of executive power. But we have traced the roots of the firings to an obscure Congressional hearing held at the statehouse in Columbus, Ohio, on March 21, 2005, and to a shadowy GOP operative named Mark F. "Thor" Hearne.

The hearing was conducted by none other than former US Rep. Bob Ney (R-18th OH). The once-powerful Ohio Congressman (who is now behind bars) was the godfather of the Help America Vote Act (HAVA), the national boondoggle that mandated electronic voting machines for the American electoral process.

That the machines would cost taxpayers billions was a big plus for Ney. They would come from Diebold and other companies that poured money into Republican coffers. Thanks largely to the manipulations of disgraced lobbyist Jack Abramoff, these e-voting machine companies would help guarantee the GOP’s ability to steal elections.

Ney’s hearing featured a marquee appearance by J. Kenneth Blackwell, the Secretary of State responsible for delivering Ohio’s decisive 2004 electoral votes to Bush. Blackwell was a key operative for the Bush election campaign in Florida in 2000 and co-chaired the Bush-Cheney 2004 re-election campaign in Ohio...

Following up our earlier story today, the Chairman of the U.S. House Judiciary Committee, John Conyers (D-MI), has now released a statement in response to TPM Muckraker's story today with on-the-record comments from former DoJ officials questioning the seriousness (or lack thereof) of the "investigation" by the Department's chief Voting official, John Tanner, into the reported racial disparities at polling places during the 2004 Presidential Election in Ohio.

In Conyers' statement (posted in full at the end of this article) he says he's "concerned about the extreme lengths Mr. Tanner went to in order to justify the reasons African-Americans were not treated equally in the 2004 Ohio election," and charges that "The Department of Justice – since the Voting Rights Act of 1965 – has a responsibility to thoroughly investigate allegations of voter suppression and discrimination, like those made in Ohio in 2004."

Tanner's "investigation" at the time had, remarkably, charged that the reason for long lines in minority areas of Ohio was because minorities chose to vote late in the afternoon, instead of earlier in the day as white voters did.

Essentially, as RAW STORY's coverage this afternoon says, "black voters caused their own lines in the Ohio 2004 vote," if Tanner is to be believed.

But a report from TPM Muckraker earlier today quotes a former colleague of Tanner's, who accompanied him on his trip to Ohio during the "investigation," as saying, "did black precincts get neglected? I know we didn’t try very hard to find out."

Conyers originally responded to Tanner's investigation in 2005 with a letter of his own back in 2005, writing to then-Attorney General Alberto Gonzales that he was "flabbergasted that your office could reach such a casual conclusion without addressing the most serious charges of mis-allocation of votes in the County." He also expressed outrage that the DoJ chose to look into reports of election irregularities in only one Ohio county (Franklin).

Both Tanner's and Conyers' letters were posted and reported by The BRAD BLOG in 2005.

Today, the chairman says that in his 2005 landmark (though largely ignored, at the time) report entitled "Preserving Democracy: What Went Wrong in Ohio", he revealed "huge racial disparities in how voting machines were distributed in white and black precincts, among other findings." Yet Tanner had "found no discrepancies in the number of voting machines and attributed the long lines to the tendency of African-American voters to vote after work, as opposed to in the morning hours."

The BRAD BLOG has received indications from Conyers' office that he intends to question Tanner on these topics directly in an upcoming hearing. His statement today gives further indication of that.

Still more folks are beginning to notice our disturbing Monday exclusive, including both the Washington Post and the U.S. House Judiciary Committee, which will be taking up the matter, we are told (and a report at TPM Muckraker confirms), in upcoming sub-committee hearings.

While many blogs had covered our report, the MSM had yet to ring in until today's report from Al Kamen at Washington Post who picks up on our coverage of the recent controversial video-taped comments by John Tanner, the Chief of the Voting Rights section of the DoJ's Civil Rights division.

Tanner said last Friday in Los Angeles at the National Latino Congresso --- and our own Alan Breslauer was there with video camera and tough questions --- that while it's a "shame" that the elderly may be disenfranchised by restrictive Photo ID laws at the polling place, minorities needn't worry, as they are less disenfranchised, if only because "minorities don't become elderly. The way that white people do. They die first."

The argument Tanner was making implied that, somehow, it's white voters who are more disenfranchised by such restrictions, rather than black voters. And, despite actual evidence to the contrary, somehow, that's all okay with him in any case, even as the GOP pushes for more such laws all across the country, with a presidential election year upon us, little if any evidence of actual voter fraud that would be deterred by such laws, and some 10 to 30 million legally registered American voters (most, coincidentally, Democratic-leaning) who might well be disenfranchised in the bargain.

That from, yes, the Bush DoJ's Civil Rights Division Voting Section chief.

Unlike so many other MSM outlets who have picked up on our stories before, WaPo's Kamen properly attributes The BRAD BLOG, twice, concluding his column today with: "Please, take a moment --- you owe it to yourself as a citizen --- to watch Tanner's illuminating analysis on this issue at https://bradblog.com/?p=5145."

Thank you, Al.

But Paul Kiel has still more goodies on all of this, including confirmation that the DoJ has now agreed to allow Tanner to testify at an upcoming House Judiciary Committee hearing, despite having rebuffed such an invitation previously. Moreover, The BRAD BLOG can confirm that, in fact, the committee has requested a copy of the video of Tanner's comments for possible use during the hearing to be held by the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

More than that still, Kiel reports in a MUST READ today, on what may finally be a bit of long overdue encouraging news for Election Integrity advocates in Ohio, in relation to their continuing efforts to see some sort of justice done and/or accountability brought for the 2004 Election debacle in their state...

Whatever they have to do to win. And given the odds against them in '08, expect them to pull out every stop imaginable between now and the election in order to "win."

Add this to our "DoJ is the New ACVR" article last week, describing how the DoJ has now institutionalized "vote caging" at the federal level via, among other things, a recent letter sent to 10 states ordering them to purge their voter rolls. While Thor Hearne's ACVR is no more (at least officially) and the RNC is barred from minority-targeted caging by a court-ordered consent decree, state parties can do whatever the hell they damn well please, according to our friend Greg Gordon at McClatchy today...

See Gordon's complete report for more details.

As well, we'll have more on all of this Thursday and Friday while Guest Hosting for "Progressive News with John Scott" on San Francisco's Air America affiliate Green 960am (formerly "The Quake"), where we'll be bringing these issues to drive-time listeners (4p-6p PT) in the Bay Area! Hope you'll tune in! (See "Media Appearances" box at top-right for more details.)

California Secretary of State Debra Bowen's Election Fraud Unit has just announced that felony charges have been filed against a Sacramento woman who appears to have forged the names of five voters while gathering signatures for a 2006 ballot initiative.

The initiative was sponsored by Pacific Gas & Electric (PG&E), which hired the woman to gather signatures for a petition to get the initiative onto the ballot. She earned 75 cents per signature, netting her a total of $3.75 from the allegedly fraudulent signatures, according to the press release just sent to The BRAD BLOG by the SoS's office. (Complete press release posted at end of article.)

The signatures were excluded before the initiative qualified for the ballot, which eventually passed during the June 2006 election.

So why all the effort and resources expended to bring felony charges for such a paltry sum, for an election that's already over, particularly when the signatures weren't even used?

The reason, as we see it, is two-fold. And there are lessons to be learned from both explanations. And not just in California where powerful GOP operatives are hoping to gain enough signatures to put an Electoral College busting measure on the June 2008 ballot in desperate and cynical hopes of splitting the Golden State's electoral vote on a proportional basis in order to game the 2008 Presidential Election.

The new Secretary of State of Ohio would do well to take away the important lesson, once again from her sister in Sacramento...

From Crain's Cleveland Business...

Bravo, Mr. Dimora. Of course you should!

But, ah, here's the rub...

We'll leave you to parse the phrasing of that last quote as you may.

The article goes on to point out that Dimora wants to "scrap the Diebold touch-screen system" after it turns out the county paid "$6.5 million above the $1.9 million originally budgeted for extra help and training before the November 2006 election."

Yes, but think of all the trees they saved! (That would be irony. For all of you Republicans following along.)

By Brad Friedman from St. Louis, MO...

Enough. Enough. Enough already with this nightmare. It's time to decertify, ban, burn, crush, destroy all Direct Recording Electronic (DRE) touch-screen voting machines. Period.

DREs should never be allowed for use in another American election. Period.

Here's the lede from today's latest head-spinner, courtesy of Declan McCullagh at C|NET News...

ES&S machines are used in 38 states, and, of course, the ES&S spokesperson quoted in the article blames Ohio's procedures for allowing such records to be viewed by the public in the first place. Remember, the voting machine companies hate transparency and don't believe citizens should have the right to see anything concerning their own democracy.

They will also try to distract from the fact that the greatest threat to election integrity and security comes from election insiders --- such as voting machine company employees and elections officials --- rather than the public at large.

The well-reported and sourced C|NET article explains that the other major voting machine companies, Sequoia and Diebold, both deny that the same thing --- matching voters to votes --- is possible with their machines. An unnamed Diebold spokesperson, as usual, goes so far as to lie about the matter to the reporter, claiming they don't include time-stamps on the records for security and privacy reason. He/she added, "We're very sensitive to the integrity of the process."

That Diebold spokesperson is, of course, lying.

Last week, The BRAD BLOG detailed fraudulent claims on Diebold's website which said that on their touch-screen systems "the order of cast ballots is scrambled to further insure ballot anonymity." That claim runs counter to the findings of University of California's recent "Top-to-Bottom Review" of all certified voting systems in the state. The UC findings [PDF] on Diebold's voting system source code, as commissioned by California Secretary of State Debra Bowen, revealed precisely the opposite to be the truth...

Blogged by Brad from somewhere in TX...

We've been largely off the grid for the last 24, and will likely continue to be over the next two or three days. At least. (On the road, with frustratingly spotty net access and several article deadlines looming.) So for now, we're happy to point over to AlterNet's coverage of the story listeners may have heard us cursorily break during a phone call from Ohio's Paddy Schaeffer on the air the Friday before last while we were Guest Hosting the Peter B. Collins Show from Houston.

Here's the lede...

Read Steve Rosenfeld's excellent report in full for much more detail and reminders of the raft of apparently fraudulent cases which these missing ballots may have helped to explain one way or another. Such as the "10,000 voters from several Bible belt counties who voted for Bush and voted in favor of gay marriage, if the results are true," along with the "dozen rural counties, [where] virtually unknown Democrats at the bottom of the ballot received more votes than Kerry."

As well, we're given a few jarring reminders of where else these missing ballots might otherwise have filled in so many still-unexplained gaps (all, of course, completely ignored by the corporate mainstream media for years)...

Blogged by Brad...breaking as I must head over to the studio to the Peter B. Collins Show today...

Bad news for the RNC. New emails reveal their "Voter Fraud Strategy Conference Call" just prior to the 2004 Presidential elections, with plans to use Vote Caging lists to challenge voters in swings states from OH to PA to FL to NM. The effort seems to have been spearheaded by Tim Griffin.

Truthout gets the scoop and the collections of emails, as based on a report from PBS's NOW to air tomorrow night. Here's the skinny...

Truthout has a bevy of emails that I haven't been able to review, but we'll have the producer of tomorrow's NOW story on the Peter B. Collins Show tomorrow (which I'm still Guest Hosting through the end of the week) to discuss this story.

And yes, Bush/Cheney '04 Inc's national general counsel, who would later go on to create the phony "grassroots" GOP front-group, American Center for Voting Rights (ACVR), was right there in the thick of it all...

Blogged quickly by Brad Friedman from Alabama (with a laptop on my knee)...

McClatchy's excellent Greg Gordon reports that the DoJ had written a letter in support of vote caging by Republicans in Ohio in 2004...

As BRAD BLOG readers know, we've been reporting --- often far too exclusively --- on the Florida 2004 vote caging scheme by former GOP oppo-researcher turned Karl Rove assistant turned Arkansas US Attorney turned disgraced former US Attorney, Tim Griffin. As we're on the roll, we'll have to refer you to our "Vote Caging" category for our previous detailed coverage. Scroll through the articles on that page for much more background.

But here's a bit more from McClatchy's piece today...

From this week's San Diego Reader...

If you don't understand the above, a) You need to visit The BRAD BLOG more often, b) See this, and then c) See this, and then d) Pray for the good voters of the People's Republic of San Diego.

Thanks to artist Neal Obermeyer for paying attention! More good stuff from his own official site.

There is new information on the Cuyahoga County, Ohio, November 2006 election that shows that voting results on more than 1 in 4 voting systems failed to match up with the results on the central tabulator. The election was held under the administration of Michael Vu, the county's now-resigned Election Director who has, incredibly enough, been immediately hired up by the People's Republic of San Diego County and their former Registrar Mikel Haas (along with Vu, one of America's worst, so he was promoted by the county, naturally!) as the new Assistant Registrar of Voters...

From AP:

Amazing enough, but it gets much, much worse....

A commenter over at DU asked which states used the ES&S iVotronic touch-screen voting system found vulnerable to an undetectable countywide vote-flipping virus which can be implanted by a single person, as we reported this morning.

Based on our quick review of a county-by-county database of voting systems, sorted by state, as made available by Common Cause (EXCEL spreadsheet downloadable here) just prior to the November 2006 elections, it looks like the answer is 16 states in total.

Since the EAC refuses, as our report detailed, to do their job in notifying Elections Officials about this incredibly serious vulnerability, it looks like it's up to you to notify your state's Secretary of State and/or county Election Officials! Details on the vulnerability and mitigating steps that may be taken are detailed in this brief report at VotersUnite.org as written by a computer scientist and voting system expert well familiar with the newly discovered flaw. Please refer your voting officials to both our original article, and that scientific report for more details at the following URLs:

• https://bradblog.com/?p=4396
• http://www.votersunite.o.../ES&SInsecurity.asp

The states which use the ES&S iVotronic affected (with firmware versions either 8 or 9, with or without a so-called "Voter Verified Paper Audit Trail") are as follows:

• Arkansas
• Florida
• Indiana
• Iowa
• Kansas
• Kentucky
• Missouri
• New jersey
• North Carolina
• Ohio
• Pennsylvania
• South Carolina
• Tennessee
• Texas
• West Virginia
• Wisconsin

If we've missed any, or any of the states above do not use the system in at least one county, please let us know and we'll amend the list.

The BRAD BLOG and You - Doing the EAC's job for them. But without the $15 million budget (or the incomprehensible incompetence).