A federal judge gave a stern talking to this morning to the Rightwing dirty trickster James O'Keefe III and his three fellow conspirators --- one of whom is the son of the Acting U.S. Attorney in Louisiana --- for their attempt to access the telephone system of Democratic U.S. Senator Mary Landrieu in her New Orleans office, by impersonating phone company employees.

While describing the Republican activists' actions as "unconscionable" and "extremely serious," Judge Stanwood Duval Jr. stopped short of ordering a trial, according to AP today:

Setting aside the unverified (and, in many cases, unverifiable) results of yesterday's elections for the moment, what caught my eye throughout the night were the turnout numbers, Democratic compared to Republican.

While the reported results of the races ran largely counter (surprise!) to the "GOP/TeaParty-fueled Massacre Slated for November!" meme that the corporate beltway media and related villagers have been endlessly re-enforcing with zombie-like precision over the last several weeks and months, the turnout of actual voters in the marquee state-wide primaries (races that we detailed, along with the e-voting systems in use, in our Super-ish Tuesday Backgrounder on Monday) seem to be of note when considering what November might actually look like when all is said and done.

I'd caution not to take too much from these numbers as there are various mitigating factors that could be used to explain them --- or even explain them away --- as noted below, but I think the numbers themselves are very much worth noting here, as I haven't seen much coverage of this over the last 12 hours or so...

It's been an ugly day at the polls in Kentucky, at least between supporters of the two highest profile candidates on the ballot today, in what's become a highly contentious race. Allegations of vote buying and intimidation have been coming out all morning in county after county.

[See our backgrounder right here on today's race for the GOP U.S. Senatorial nomination between Sec. of State Trey Grayson and Dr. Rand Paul, along with details on the voting systems in use, and the recent history of election fraud by top election officials in the Bluegrass State.]

Nate Hodsen, the campaign manager for Grayson (who is responsible for overseeing his own election as the state's chief election official) released a statement to say: "This despicable behavior should not be tolerated. Bullying and intimidation should have no place in our elections. Rand Paul needs to rein in his goon squad and follow the law."

David Adams, the campaign manager for Paul (the son of TX U.S. House Rep. Ron Paul) responded in kind to call the allegations "ridiculous" and "much ado about nothing," before going on to blame them on Democrats somehow. "We had a tip over the weekend that some of our volunteer activities have been infiltrated by (national) Democratic operatives planning to cause problems," he told reporters.

See Janet Patton's detailed coverage at the Lexington Herald-Leader for much more on the problems being reported --- for now, mostly complaints about Paul volunteers, being publicized by Grayson's people (both his campaign staff and SoS staff.)

It's just a small town somewhere in the middle of Nevada, but the top-notch political pun-ditry we caught on display around the town of Ely (pop. 4,041), could make all the difference this November...

Heheh...It sez "butt" instead of "but." Get it? Harry Reid is a "butt"! heheh...

And if you think that's good stuff, on the side of the trailer --- if you park your car and walk over to it, since the letters are pretty small --- you'll find some slightly more substantive political wisdom and criticism, apparently from someone named Jack Norcross. These thoughts are even more convincing, since they rhyme! (Sort of, though there are some metering problems)...

Guest Blogged by Ernest A. Canning

"Yesterday, December 7, 1941 --- a date which will live in infamy."
- President Franklin D. Roosevelt

Amidst exploding bombs, smoke billowing from sinking battleships and dead bodies floating atop the oil slicked waters of Pearl Harbor, it was not all that difficult to appreciate the damage wrought by a surprise attack launched by the Empire of Japan. The same was true when we watched in horror as the smoldering twin towers of the World Trade Center precipitously collapsed on September 11, 2001.

Like these two earlier pivotal events, January 21, 2010 is, "a date which will live in infamy." Yet, unlike Pearl Harbor and 9/11, most Americans do not recognize it as such. This attack came not by way of planes or bombs delivered by some foreign menace. It came from within courtesy of what Professor Cass Sunstein aptly described as "radicals in robes" --- four directly connected to the Robert-Bork founded, billionaire-funded Federalist Society; all five as appointees of the Reagan and two Bush administrations. Men bent on unraveling the very constitution they had all solemnly sworn to uphold.

Their assault, though subtle, wrought far greater devastation than either Pearl Harbor or 9/11. They did not merely attack planes, ships and buildings. They assaulted the very foundations of our constitutional democracy...

This must drive the Neo-Cons even crazier than they are already. From the Southern Republican Leadership Conference (SRLC)'s straw poll over the weekend:

Yes, Ron Paul lost to Mitt Romney, the man who signed legislation into law mandating health insurance policies for all Massachusetts citizens, by just one vote. That, after Paul easily won the straw poll at CPAC (Conservative Political Action Conference) in D.C. in February.

Paul's positions, however, are actually conservative, and thus run antithetical to most of the Neo-Con, Big Government, Bush/Cheney-era Republicanists who now call themselves Tea Baggers, as RAW STORY notes today here. How many more "Democrats in Disarray" articles will we have to read before the "Republicans in Disarray" articles finally begin in the corporate media?

One other related thought: When Palin came in a distant fourth at CPAC's straw poll, the Republican and Republican-enabling and TeaBag-promoting Chattering Class instructed us via the corporate media that she would have done better had she actually showed up and spoken at the event. Well, she showed up and spoke at the SRLC, received a larger percentage of the vote, but still managed to do no better than third place among the dyed-in-the-wool, hard Right Southern Republicanists at the conference. Go figure.

If you've not heard, over the weekend it was announced that the felony charges against James O'Keefe --- who famously, never actually posed as a pimp in ACORN offices --- and his three co-conspirators in the matter of attempting to illegally access the phone system of U.S. Senator Mary Landrieu (D-LA) in New Orleans, have been reduced to misdemeanor charges.

It's believed likely that the agreement was part of a plea deal. The reduced charges would carry a maximum prison sentence of 6 months and a fine of $5,000, versus the maximum sentence of 20 years for the felony charges.

MORAL 1: If you're going to attempt to feloniously enter federal property under false pretenses in order to manipulate the phone system of a sitting U.S. Senator, make sure a) you're an operative for the Republican, not Democratic, Party (remember: IOKIYAR!), b) you do not have an Arabic sounding name and, most importantly, c) you have as one of your co-conspirators the son of the acting U.S. Attorney in the same state where you are attempting to commit your crime.

MORAL 2: If you get caught and arrested while doing any of the above, even if, as your attorney says, you're just "kid," be sure to be a "kid" who has the ample funding and high-powered connections to employ, for your defense, a superstar GOP attorney such as one who was powerful enough to have represented the U.S. Senate Republicans during the Watergate Hearings nearly 40 years ago and during the witch-hunt investigation of the Clinton administration in the 90's.

Here endeth the lesson.

Rand Paul, son of Rep. Ron Paul (R-TX) is running for the GOP nomination for U.S. Senator to replace the retiring Sen. Jim Bunning in the state of Kentucky. Paul, who has been endorsed by the likes of Sarah Palin, is running against Republican Party insider, KY Sec. of State Trey Grayson, who has been endorsed by the likes of Dick Cheney. Primary Election Day is set for May 18th.

Grayson's disturbing history of misrepresenting the truth in regard to certification of the state's electronic voting systems should be of great concern to Paul and his supporters, particularly given the state's rich history of confirmed election fraud by election insiders --- which includes tampering with e-voting systems to change voters votes --- and the fact that much of the state still uses electronic voting systems which are 100% unverifiable in any way, shape or form.

Of equal concern are the hand-marked paper ballot systems used in other parts of the state. Those electronic systems are also at risk to both simple, nearly undetectable manipulation by insiders as well as tallying errors, and have been found to feature serious security flaws highlighted in the past by the state's own former Republican AG. Even admissions by one of the voting machine companies, Diebold, that systems in use in the state did not meet certification requirements, were largely dismissed, and all but ignored for years by Grayson, the state's chief election official who will be overseeing his own election against Paul in May...

Guest blogged by Ernest A. Canning

Substantively, not much has changed since we analyzed the Senate version of the health care bill in "'Reform' or Legislative Obscenity?"

We noted then:

Yet Rep. Dennis Kucinich (D-OH), an original co-sponsor of H.R. 676 "Medicare for All," and a consistent critic of the pending obscenity masquerading as "reform" because it would serve to institutionalize the privatization of our health care, has now publicly declared that he will vote for the bill as presently drafted while continuing the fight for a rational, public health care system.

Meanwhile, Alan Grayson (D-FL), with 50 co-sponsors, has introduced "The Public Option Act," a bill which would provide all citizens with the option to buy into Medicare, though he, too, will vote for the Senate version of the health care bill...

From BRAD BLOG commenter "Billy" as posted in response to our breaking coverage Wednesday night of the Congressional legislation to defund ACORN in the wake of the "pimp" hoax videos, having been declared in federal court to have been an unconstitutional bill of attainder...

Guest blogged by Ernest A. Canning

"The government has offered no...unique reason to treat ACORN differently from other contractors accused of serious misconduct or to bar ACORN from federal funding without either a judicial trial or an administrative process applicable to all government contractors."

That was the finding in the judgment [PDF] issued late today by U.S. District Court Judge Nina Gershon, granting both declaratory relief and a permanent injunction to the Association of Community Organizations for Reform Now (ACORN).

The court declared that the provisions of the "FY 2010 Consolidated Appropriations Act," an amalgam of six separate bills which President Barack Obama signed into law on Dec. 16, 2009, which sought to strip ACORN of their right to enter future contracts with the U.S. government and to deprive them of all federal funding, save what had already been earned on existing contracts, amounted to an unconstitutional Bill of Attainder in violation of Article I, Section 9 of the United States Constitution.

Gershon's decision comes on the heels of a recent string of legal and public relations exhonerations for the community group which has long been targeted by the GOP, in large part, for their successful work in legally registering hundreds of thousands of low- and middle-income voters who tend to favor Democratic candidates...

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"...

The Department of Justice's Anti-trust division has determined that the purchase of Premier Election Solutions, Diebold Inc.'s recently renamed e-voting division, by Election Systems & Software, Inc. (ES&S), has resulted in a voting machine monopoly. The DoJ and nine states that have joined in a lawsuit are suing to require ES&S to divest of the assets gained in the bargain-basement priced purchase of Diebold's e-voting outfit last September.

The merger with Diebold/Premier, ES&S's second largest competitor, had given ES&S, a private corporation which already controlled some 50% of U.S. elections with its electronic voting systems, a full 70% control of the votes cast in this country. The acquisition had been opposed by election integrity organizations, Hart Intercivic (a much smaller Austin-based competitor), the New York Times' editorial board, and U.S. Sen. Chuck Schumer (D-NY) in his capacity as chairman of the Senate Rules Committee, and was being investigated by 14 different states along with the DoJ's anti-trust division...

After not hearing from New York Times Public Editor Clark Hoyt for nearly a week --- during which I'd sent him more and more indisputable evidence that Andrew Breitbart employee James O'Keefe never played his infamous "pimp" character in the offices of ACORN --- he responded with a couple of blistering charges. The email was sent several hours after we'd published our article yesterday, detailing his various untenable justifications for not recommending retractions by the "paper of record" for multiple undeniably fallacious articles on O'Keefe and Breitbart's discredited hoax ACORN "pimp" videos.

Hoyt equated our use of offering independently verifiable and incontrovertible hard evidence, demonstrating the Times, their Senior Editor for Standards Greg Brock, and Hoyt himself were simply wrong, time and again, in falling for the rightwing hoax, and my attempt at seeing accountability for it, with a "political agenda" on par with the Rightwing propagandists who ran the dishonest partisan smear campaign to destroy ACORN.

The fall-out in the blogosphere has been quickly broadening since The BRAD BLOG's exclusive yesterday. Responses from a number of influential blogs and bloggers include a call for Hoyt to step down as the paper's ombudsman, a blistering description of this particular rationalization of his [emphasis Hoyt's]...

...as "unforgivable," and the charge that "the paper allowed its desire to seem 'fair' to the right trump its commitment to being fair to the facts." Also, an online petition calling for NYTimes retractions was just launched. (More details and fall-out below.)

Hoyt wrote back in response to the "Last Chance" note I'd sent him on Monday, offering a final opportunity to re-consider his previous assessments, in which he'd found that no correction was in order for the paper, "because that would require conclusive evidence that The Times was wrong, which I haven't seen"...

Speaking to Washington Independent reporter David Weigel today at CPAC, Hannah Giles, who posed as a prostitute in James O'Keefe and Andrew Breitbart's infamous, highly-doctored, heavily-overdubbed, secretly-taped, ACORN hit videos, confirms what we've been reporting for several weeks here: O'Keefe never dressed as a pimp in the offices of ACORN.

Reports Weigel today [emphasis added]:

"B-roll" refers to footage shot separately and later inserted during editing, as frequently seen in movies and television. E.g., an overhead helicopter shot of Las Vegas, used to establish where the scene takes place, before cutting to the interior of a casino where the main character is seen playing cards at a table.

Giles' admission is in stark contrast to:

• O'Keefe's knowingly deceptive appearances on Fox "News" "dressed exactly in the same outfit that he wore in these ACORN offices up and down the Eastern Seaboard";
• Breitbart's out-and-out lies in his own 9/21/09 column to help promote the videos by claiming they show O'Keefe and Giles "going to the Baltimore offices of ACORN ... dressed as a pimp and a prostitute and asking for - and getting - help for various illegal activities";
• Breitbart's 2/15/10 tweet to The BRAD BLOG claiming that he's "told truth every step of way";
• and the repeated misreports by the New York Times (which they still stand behind despite all lack of evidence) and the many other mainstream outlets who were similarly hoodwinked into reporting the same phony story.

Greg Brock, the New York Times Senior Editor for Standards, as we documented exclusively some weeks ago, is even on email record as citing that Fox "News" appearance by O'Keefe (embedded again at right) as his only evidence to "stand by our reporting" in which the "paper of record" has, time and again, misreprested O'Keefe as having "visited Acorn offices ... dressed so outlandishly that he might have been playing in a risque high school play."

Just two days after the Times described the "outlandish" dress of O'Keefe, the Congress of the United States passed legislation to remove federal funding for ACORN. (A federal judge later found the legislation to be "unconstitutional".)...