Guest blogged by David Edwards

The New York Times reports that in 2004 Deputy Attorney General James Comey refused to sign off on renewal of Bush's warrantless NSA spying program. Instead of addressing Comey's concerns, Bush Administration officials took the desperate move of actually visiting Attorney General Ashcroft in the hospital to get his authorization for renewal of the program. Ashcroft was, at the time, in intensive care recovering from pancreatitis.

Comey refused to approve renewal of the program based on concerns over "whether the president had the legal and constitutional authority to conduct such an operation."

In light of these new revelations, Senator Charles Schumer, appearing on Fox News Sunday, demanded that Bush Administration officials testify before congress.

Mitch McConnel, who appeared along with Schumer, chastised The Times for continuing to report on details of the wiretap program. While Schumer said that any investigation should consider a possible whistle-blower status for anyone who leaked this information, Senator McConnel was more interested in punishing the whistleblower.

Because the NSA shared the wiretap information with many federal agencies, it will be very difficult to assign blame to a specific leaker.

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The beloved 40 year-old Voting Right Acts, implemented by Lyndon B. Johnson after violence and death to Voting Rights activists in Selma, Alabama in 1965 has been all but gutted by the George W. Bush administration. The VRA celebrated it's 40th anniversary this summer, even as Bush's Department of Justice was destroying one of its most important measures by covert political caveat.

That gutting now appears to be becoming a still greater threat to our democracy as it is being institutionalized by recent policy changes which bar career Voting Rights staffers and attorneys in the DoJ from offering opinions on new laws that fall under the jurisdication of the VRA.

Two recent reports by Dan Eggen of the Washington Post revealed that Bush political appointees in the DoJ has overruled the recommendations of career staffers and attorneys in the Voting Rights division tasked with determining the legality of two separate laws sent to the department for "pre-approval" under Section 5 of the Voting Rights Act.

Section 5 requires that states with a history of discriminatory election practices --- like Texas and Georgia --- must receive pre-approval from the DoJ before implementing any changes to their voting systems. It prohibits "retrogressive" changes to voting laws, or laws that would bring harm to minority voters.

In the last several weeks Eggen has reported on remarkable memos leaked by DoJ staffers showing that they had recommended against approval of new laws both in Georgia, where the legislature had insituted a new Photo ID requirement at the polls, and in Texas, where then Majority Leader Tom DeLay (R-TX) had helped to redistrict the state to allow for more Republican representatives after the GOP gained control of the state house in 2002.

Georgia's law has since been ruled unconstitutional by two Federal Courts who deemed the law to be a "Jim Crow-era Poll Tax". Texas' law has resulted in 7 additional Republicans in the U.S. House of Representatives. The fallout from the DeLay led gerrymander of Texas districts has resulted in several indictments for DeLay and his cronies who helped force it through the legislature and allegedly conspired with the Republican National Committee to launder money in support of GOP candidates running for the new seats. The Texas law, which had been unanimously recommended against by 8 DoJ staffers, including the lead attorney in the Voting Rights Act division, still stands.

Today Eggen reports that such staff opinions are now completely banned in Bush's Department of "Justice"!

The one ray of hope that Eggen offers is that Sen. Arlen Spector (R-PA) is considering Senate Judiciary Committee Hearings...at least on the Texas redistricting case.

We often bristle when we hear those on the Left criticize the Bush Administration as Fascistic. It's simply too easy to ascribe to them the worst possible traits as a blunt political weapon. But if the issues discussed above don't send a shiver down the spine of every democracy-loving American it's either because they don't understand what's actually at stake --- and being dismantled in the process --- or they simply don't give a damn about this country's most important legacy to the world: A free and fair electoral system where all citizens are given an equal voice in the selection of our leaders...or at least a system as close to that as we can possibly muster.

Our Republic is in grave danger.

A page one story in today's Washington Post reports that a 51-page memo obtained by the paper, shows Dept. of Justice staffers had rejected a controversial new Photo ID requirement law for voters in Georgia, but that their recommendations were overruled and the measure was approved anyway by the Bush appointed Attorney General.

Georgia's new law was recently rejected as unconstitutional by two Federal Courts who equated it to a "Jim Crow-era poll tax" after its approval by the DoJ despite the recommendation against it by 4 out of 5 staffers in the DoJ's Voting Rights Act division.

The law would have required all voters to present a Photo ID at the poll, available for $20 to those who did not have one. The measure, which, like all such measures currently being pushed around the country by Republicans, is alleged to be disproportionately disenfranchising to minority (read: Democratic-leaning) voters.

Despite a complete dearth of evidence to demonstrate that Photo ID requirements are useful in combatting the non-existent epidemic of "Voter Fraud" in America, Republican legislators in Georgia and other states are attempting to ramrod such measures through their state legislatures. Even the creators of the Georgia law were unable to cite a single example of fraud in the state which would have been held off by the new legislation.

Indeed, the self-described "non-partisan" GOP front-group calling itself the American Center for Voting Rights has been fervently attempting to perpetrate the hoax of a "Voter Fraud" epidemic on voters for at least the past six months. They've made the cause their number one plan in attempting to further disenfranchise millions of minority, elderly, poor and urban-dwelling voters, all of whom are far more likely to vote Democratic and not own drivers licenses.

The Voting Rights Act of 1965, parts of which are up for renewal by this Justice Department in 2007, requires states such as Georgia to have any such new laws that may effect voters to be "pre-cleared" by the DoJ.

According to WaPo...

UPDATE 12/2/05: Bush DoJ does it again! This time with a unanimous decision against Tom DeLay's Texas redistricting! Turns out that too was overruled by his DoJ cronies!

UPDATE 12/10/05: Now the DoJ has barred staffers from offering opinions at all! Democracy crumbles...

For more information on the "non-partisan" tax-exempt ACVR scam and the snakeoil salesmen who invented it, Bush/Cheney '04 National General Counsel Mark F. "Thor" Hearne and RNC Communications Director Jim Dyke, please see BRAD BLOG's full Special Coverage of the "American Center for Voting Rights" at https://BradBlog.com/ACVR.

Guest blogged by Bob Fitrakis

INTRODUCTION {by Winter Patriot}: On behalf of the BradBlog and the Blogathon I am pleased and proud to introduce Dr. Robert J. Fitrakis. According to his biography at freepress.org, Dr. Fitrakis is a professor of political science and a lawyer. He served as an international election observer in the 1994 presidential elections in El Salvador and as a dual-Ward legal advisor for the Election Protection Coalition during the 2004 U.S. Presidential Election. Dr. Fitrakis is also co-editor, with Steve Rosenfeld and Harvey Wasserman, of DID GEORGE W. BUSH STEAL AMERICA'S 2004 ELECTION? This essential volume is currently available from freepress.org, as well as through The BRAD STORE.

It's great to have Dr. Fitrakis here with us. And I think we can even call him "Bob".

In an open letter to John Tanner, Chief of the Voting Section of the Dept. of Justice, Bob Fitrakis of the Columbus Free Press responds to the unrequested and blatant whitewash "report" that the DoJ published last week on disenfranchisement (or a lack thereof, as the the DoJ "report" characterized it) in Franklin County, OH.

Fitrakis has been on the ground since Day 1 (and before) in Ohio, and knows whereof he speaks.

The more one looks at the outrageous "report" from the DoJ, the clearer it becomes what a despicable obfuscation that particular piece of propaganda was meant to be. For our money, the DoJ "report" represents perhaps one of the most chilling set of tea-leaves we've seen so far as an indication of just how cooked this DoJ now is, and to what lengths they are prepared to go in order to mislead the American public and media away from the truth.

We're not particularly prone to hyperbole, but we find this small indication of what the DoJ is now made of to be particularly troubling. Anyway, read Fitrakis' rebuttal to get a sense of how outrageous that "report" actually was...

There is almost no other way to put this, but we are simply floored by the report just released by the Department of Justice concerning the Franklin County, OH elections.

If there ever was a report which could be called a whitewash, this would be the very dictionary definition --- with the emphasis on WHITE.

The DoJ four-page report, based on dodgy figures, uninvestigated charges and undocumented information and details, simply concludes that "Franklin County assigned voting machines in a non-discriminatory manner", that "no violation of Section 2 of the Voting Rights Act" was found and they "are thus closing our file."

In truth, a detailed analysis of the flaws in this report, and an unwaivering condemnation of this reprehensible piece of "official documentation" is needed. But as folks are disappearing for the Holiday Weekend, we're afraid any analysis we took the time to compile right now would likely get lost in the holiday news-hole. So, for the moment, we're gonna dump these documents here and leave the detailed analysis and shouts of outrage and condemnation to BRAD BLOG readers. If we can follow up a bit more after the holiday, we will.

Essentially, John Conyers' office requested a criminal investigation by the Department of Justice investigation back in January on a number of very troubling matters related to Ohio's 2004 Presidential Election on behalf of the minority members of the Judiciary Committee. (Letter requesting a Special Prosecutor from the DoJ is here [PDF]. Coverage of it by RAW STORY is here, and BRAD BLOG's own reporting at the time, which led to one of the complaints in the letter to the DoJ, is here.)

Amongst the items for which Conyers' January 14, 2005 had requested an investigation at the time --- according to the response to the report Conyers sent on Wednesday --- were "serious charges concerning Voter Intimidation and Misinformation; Improper Purging and other Misconduct; Caging of New Minority Voters; Misuse of HAVA Funds; Tampering of Voting Machinery and Records; Perjury by a County Board of Election Official; and the Misuse of the Great Seal of the United States on Secretary of State Blackwell's Personal Campaign Materials."

While no "substantive response to the many instances of voting irregularities and civil rights violations in the state of Ohio" about which Conyers' submitted evidence has been forthcoming by the DoJ since that January letter, apparently someone within the DoJ took it upon themselves to conduct --- and as we've said WHITEWASH --- an investigation concerning what happened in just one county in Ohio.

The DoJ's resulting four-page report, conducted by "The Voting Section of the Civil Rights Division" and sent to Franklin County officials on Wednesday, is a masterwork of obfuscation, disinformation, misinformation, smoke and mirrors and out and out lies. And remember, it comes directly from your Department of Justice.

As we've said, a more detailed point-by-point analysis of the outrage is called for. But for now, we feel it's important to get the information out as is so folks can see with their own eyes what has "flabbergasted" Conyers' as according to the response he sent in reply to the DoJ yesterday.

There is, however, at least one paragraph which jumped out at us, but that Conyers' reply does not deal with directly (understandably, frankly, since there is so much to be "flabbergasted" about in this DoJ report!). We feel this one is important to point out as we find it particularly disconcerting for what the future may hold in Ohio [emphasis added]:

Yes, you read that right. Franklin County's "bi-partisan" Board of Election has just now "purged" 114,000 voters from the rolls! Tee-ing things up nicely, it would seem, for many more thousands of voters to find themselves suddenly ineligible to vote when they show up at the polling place in 2006!

Over one hundred thousand voters scrubbed from the voting rolls in just one Ohio County alone by their presumably "bi-partisan" BoE. That, while we have learned over the past several months how these Ohio BoE's are certainly not "bi-partisan" as Blackwell and their other defenders continue to maintain since a) There are "Democrats" on these boards who are specifically plants, in other words, "Democrats" in name only and b) All BoE members serve at the partisan pleasure of the distinctly partisan Secretary of State and Bush/Cheney Co-Chair, J. Kenneth Blackwell, who has routinely threatened BoE members with dismissal if and when they refuse to follow his personal partisan edicts.

But that's just one of the outrages. We'll let Conyers' handle a few more. Here is his response to the DoJ report first, followed by the complete report itself by John Tanner, the Chief of the DoJ's Voting Section. Prepare to be appalled...

Both Attorney-General John Ashcroft and Commerce Secretary Donald Evans were booted resigned just moments ago.

And they were so darn effective! What a shame that, like Fallujah (where at least 16 American troops have been killed in the last 48 hours), this terrible news just happened to break after the election! What luck!

UPDATE: In related news...in case you didn't notice...The "Orange" security alert in both D.C. and NYC was lowered back to "Yellow" for the first time the day after the election and today pedestrian traffic was once again re-opened on Pennsylvania Ave. in front of the White House. The timing for all of these events should continue to not be noticed in any way. Thank you.

UPDATE: Looks like Ashcroft submitted his resignation on Nov. 2. Election Day. But, always in the service of politicizing justice, he remarked in his resignation letter:

But rest easy! He also informed the "President-Elect":

Phew! Thank you Mr. A-G!

And now, ladies and gentlemen, for (hopefully) the last time...The Attorney General sings.