Washington Post reports on outgoing Republican Senator Chuck Hagel's comments last night during an address at the Council on Foreign Relations in New York. It seems he doesn't care much for the Bush Administration...

We have been remiss in honoring the good Senator with The BRAD BLOG's coveted and too-rarely bestowed "Intellectually Honest Conservative Award". So before he leaves the Senate entirely, we're happy to announce our awarding of this prize today to Hagel.

(NOTE: We're well aware of Hagel's troubling one-time ownership of voting machine company ES&S, before becoming the first Republican Senator to be elected in Nebraska in a dog's age... on ES&S voting machines. It is in spite that ignominy that we offer this most coveted award.)

Guest blogged by Jon Ponder, Pensito Review.

Here's an interesting development in the increasingly heated speculation about what led Sen. Trent Lott to announce his resignation from the Senate yesterday.

On Larry Flynt's website, Flynt has posted an excerpt from PageOneQ, a Washington-based website that has a record of accurately identifying closeted Republican politicians:

To which Larry Flynt responds:

Meanwhile, at Huffington Post, the idea that Lott had any sort of relationship with Benjamin Nicholas is "put to bed" by none other than Nicholas himself:

Guest blogged by Jon Ponder, Pensito Review.

Trent Lott, the man who is probably best remembered for saying that the United States would have been a better place if Strom Thurmond, the South Carolina racist, had been elected president in 1948, is retiring from the Senate:

No good news here, however. Lott's replacement will be appointed by the governor of Mississippi, Haley Barbour, the former GOP lobbyist and RNC head, who is undoubtedly scouring the state right now to find the most ardent rightwing racist troglodyte available to fill Lott's seat.

In fact, Gov. Barbour will be hard pressed to find someone who fits that description better than himself, and if the governor hadn't just been reelected in a landslide in November, he'd probably put his own name at the top of the list of appointees.

Lott ran unopposed for reelection last year, so his term won't expire until 2012. Typically, the governor's appointee will hold the seat until an interim election can be held, in this case, possibly as early as next November.

The AP says Lott's health is not an issue in his retirement, and the fact that no reason has been given for his abrupt departure --- not even the standby "desire to spend more time with his family" --- suggests he plans to cash in on his four decades as a Washington insider and power broker by becoming a lobbyist.

Lott, who made his comments about Thurmond at the late senator's 100th birthday party, is the sixth Senate Republican who has announced retirement this year, according to the AP.

Guest blogged by Jon Ponder, Pensito Review.

Sen. Bob Corker (R-TN) is considered an intellectual lightweight back home in Chattanooga, where he once served as mayor. So you know it's getting bad when Corker slips up and tells a hometown audience the unfortunate truth that in meetings with George Bush, he has been "underwhelmed" by Bush's knowledge and understanding of the U.S. occupation of Iraq.

In remarks to a group of about 500 Republicans on Tuesday, Corker "raised some eyebrows," according to a local media outlet, when he recounted details of his recent visits to the White House:

Corker quickly added that he supports Bush's occupation of Iraq --- even though he just admitted that Bush himself doesn't understand it --- and that all that is needed to turn things around is an increase in both the size of the U.S. government and the amount of happy-talk propaganda it spews at the public:

The senator then hastily added that he regretted having just expressed his true assessment about Bush's feeble intellect:

Rest assured that Sen. Corker will never make the mistake of expressing an honest opinion in public again.

Guest blogged by Jon Ponder, Pensito Review.

Sen. David Vitter (R-LA) is giving thanks that he won't have to testify next Wednesday in the D.C. Madam trial. U.S. District Judge Gladys Kessler canceled his testimony today because it was immaterial to the case.

Vitter has admitted he was a customer of Pamela Martin and Associates, the out-call service operated by Deborah Palfrey, the alleged madam in question.

Palfrey's witness list also includes Harlan K. Ulmann, the military strategist who visited the "shock and awe" concept upon the world. Palfrey has said Ulmann was in her records as "Mr. U" --- but that after their dates her female associates referred to him as "Mr. Unpleasant."

Ouch.

For the record, the AP says Judge Kessler was appointed by Pres. Clinton.

Blogged by Brad from the road...

"What we need, is we need paper ballots, so votes can be verified," says John Edwards directly in response to Why Tuesday's video Candidate Challenge. He says a bunch of other good stuff on the topic as well in his brief response...

Edwards is the only Democratic candidate so far (12 candidates from both parties have so far answered the challenge issued by Why Tuesday's Jacob Soboroff) to speak that directly to the issue of paper ballots, and other needed reforms.

On the R side, believe it or not, only Duncan Hunter understands the need for paper ballots. But then again, he also sees imaginary "people that are illegally in the country being rounded up, herded into the polls, we've seen that in California, voting illegally." So we'd have to call his position on election reform a wash.

Also, watch for our buddy Jake's questions on Election Reform to be asked of all of the candidates at tonight's Democratic debate, where his video question was voted into the Top 10 questions (atleast at last count before they shut down voting!) after being voted into the top 10 at 10Questions.com, a project of TechPresident in cooperation with the NYTimes Editorial Board and MSNBC. They will pose all the top 10 questions to the candidates over the next month and ask for a video response, similar to the Why Tuesday? Candidate Challenge. Waytago, Jake!

Why Tuesday? will be at the CNN/YouTube Republican debate in Florida on Nov 28th and The BRAD BLOG looks forward to further partnership with them (Why Tuesday?, not necessarily Republicans, CNN or YouTube)

Guest blogged by Jon Ponder, Pensito Review.

Shorter George Bush: All Guns. No Butter:

House Appropriations Committee Chairman Dave Obey (D-WI) responded:

Guest blogged by Jon Ponder, Pensito Review.

Gov. Arnold Schwarzenegger says he is ruling out running for the U.S. Senate against Barbara Boxer in 2010. The governor was asked about his post-Sacramento plans after a Field poll showed him with a 1 percentage point lead over Boxer in an imaginary Senate match-up.

Boxer's dip in popularity probably reflects the general unhappiness among California liberals with the failure of Congress to hold Bush and Cheney accountable for lying in the run-up to the Iraq occupation and their systematic shredding of both the U.S. Constitution and the Geneva Conventions, just for starters.

But Boxer has arguably done as much as she could to hold the Bushies accountable. And in her 2004 reelection bid she received the third highest number of votes of any candidate in the country, next to Bush and John Kerry, respectively. She will likely bounce back. (On the other hand, rebounding is less certain for our other senator, Dianne Feinstein, who outraged her constituents last week by voting to confirm Michael Mukasey as Bush's new attorney general, even after Mukasey indirectly acknowledged that he will continue to greenlight and give cover to Bush's torture policies. Feinstein is not up for reelection until 2012.)

Mainly, though, it's hard to imagine Arnold Schwarzenegger as just one of 100 big fish in the Senate pond.

Schwarzenegger also ruled out running for mayor of Los Angeles. This is a no-brainer. There is very little glory in being L.A.'s mayor. For one thing, the balance of power here tilts more toward the city council, and less toward the mayor, than in most big cities.

For another, despite the city's propensity for earthquakes, riots, and wildfires, no Los Angeles chief executive has ever been dubbed "America's Mayor" because he stayed on the job during a crisis. Unless there was a chance Arnold could become another America's Mayor, it is unlikely he'd be interested.

Guest blogged by Jon Ponder, Pensito Review.

Until last night, the criminal responsibility for the torturing of terror suspects by the U.S. government was entirely on the heads of George Bush, Dick Cheney, their senior aides and the civilian and uniformed military leadership who approved and implemented "advanced interrogation techniques" such as waterboarding.

Late in the evening yesterday, however, the U.S. Senate, including all Republicans who were present, Sen. Joe Lieberman (I-CN) and six senior Democrats, willingly assumed responsibly for Bush's torture policies by rubberstamping his nominee, Michael Mukasey, to be the next U.S. attorney general.

Mukasey --- a crony of Rudy Giuliani, the Republican presidential candidate who, during his tenure as New York City mayor, revealed fascistic tendencies that are alarmingly similar to those of George Bush and Dick Cheney --- indicated during his confirmation hearing before the Senate Judiciary Committee that he will continue to greenlight Bush's torture policies.

Now the question is, will Mukasey also assist Bush, Cheney and the rest in trying to avoid war-crimes charges after they leave office.

The six senior Democratic senators who voted to confirm Mukasey and thus condone torture were:

Guest blogged by Jon Ponder, Pensito Review.

Turns out there really is a first time for everything:

My colleague Trish at Pensito Review suggested earlier this week that this veto override could signal a change in the wind for Bush's political fortunes:

We can only hope.

Sure, the reporter at TIME magazine gets much of the terminology wrong (hey, he works for TIME, he doesn't have the kind of resources we do here at The BRAD BLOG to get things right when we report them, so we'll cut him some slack), but as a national writer friend of ours commented in a late-night email last night, "DREs are now junk, officially, in mainstream publications such as Time.com"

Well, it's about damned time.

Reporting on the new Nelson-Whitehouse Election Reform bill, which we covered late last week, and which would ban Direct Recording Electronic (DRE, usually touch-screen) voting systems by 2012, TIME declares that the reversal, since 2000, away from such unverifiable, unauditable, unsecurable voting machines "couldn't be more stunning," adding that the bill is "the clearest sign yet of the stampede away from touch-screen."

The report also quotes Sen. Bill Nelson (D-FL) mirroring his comments when he released the legislation with co-sponsor Sen. Sheldon Whitehouse (D-RI) as saying "Voters have to feel confident that their ballot will count as intended." Last week he had said, in his statement, that DREs are "unreliable and vulnerable to error," and that "[t]he bottom line is we have to ensure every vote is counted – and, counted properly."

To which occasional BRAD BLOG Guest Blogger, Emily Levy of VelvetRevolution.us, asked Nelson rhetorically in comments here, if that's true, "as declared in your November 1 statement, why would you be willing to wait until 2012 for DREs to be banned?...I mean, isn't there a somewhat important election coming up in, oh, let's say, 2008?"

Good point, Em!

The TIME piece also quotes Dan McCrea, of the Florida Voters Coalition borrowing one of our own oft-used metaphors (which we are quite happy to donate to the cause!) in regard to those who fear banning DREs would be a huge waste of their previous investment in the shitty machines.

McCrea tells TIME that such thinking is similar to "buying a fleet of Pintos whose gas tanks you later find out blow up on you, but insisting you're going to keep using them because you spent all that money on them."

Thanks for getting that into TIME, Dan! Smartly done!

He also points out, for those who claim there is not enough time to switch away from dangerous DREs to paper ballots before the November 2008 Presidential Election, "New Mexico voted to convert back to a paper ballot system in the spring of 2006 and had it ready by last November's elections."

Thanks again, Dan. Now if we can just get those Democrats and Election Integrity folks who continue to negotiate with themselves by watering down their own bills, and putting off reform for years down the road --- in order to garner support from folks who are going to oppose them on such bills no matter what --- to start realizing that, and calling instead for real reform NOW, we might actually be in business!

Guest blogged by Jon Ponder, Pensito Review.

Late on Friday, two Democratic senators on the Judiciary Committee announced that they intend to vote to confirm Michael Mukasey, Bush's nominee to replace Alberto Gonzales as attorney general of the United States.

Mukasey has indicated that while he finds the Bush administration's use of waterboarding on suspects to be personally repugnant, he will not object to its use when he becomes the nation's top law enforcement officer.

The Judiciary Committee's vote on Mukasey is scheduled for Tuesday, Nov. 6, 2007.

If you find the use of torture by the United States to be abhorrent, please call these two Democratic senators on Monday to urge them to vote against torture --- and vote against Mukasey.

UPDATE FROM BRAD: Feinstein op/eds her reasons for giving Mukasey her vote in the LATimes today. She believes he's "the best nominee we are going to get from this administration", and says she "hopes" for the best, believing that Congress can race to have legislation passed outlawing waterboarding by the CIA (and have it signed by Bush) before Mukasey can rule it to be legal as the previous AG did. She also, apparently, is ignoring the fact that Mukasey is in favor of disenfranchising Photo ID laws, as we reported here last week. What must this woman be thinking?! Is this her first day on Planet Bush?!

The phone numbers for the offices of Feinstein and Schumer in D.C. and in-state follow below...Call them...

-- By Brad Friedman

After months of being told over and over by Rep. Rush Holt's (D-NJ) office, People for the American Way (PFAW), and many of the other most ardent supporters of Holt's flawed Election Reform Bill (HR811) that "there is no support in Congress for a ban on DREs," it looks like they must have been wrong. Sen. Bill Nelson (D-FL) and co-sponsor Sheldon Whitehouse (D-RI) filed such a bill today.

Here's the complete bill [PDF] which we've yet to read in full. But note this item from page 41, Line 7:

A ban on such machines, finally? Yes! By 2012? Unfortunately, yes. But let's overlook that last point for a moment.

In a statement issued by Nelson today, pointing out that DRE (often referred to as "touch-screen") voting systems are "unreliable and vulnerable to error," the senator says, "The bottom line is we have to ensure every vote is counted – and, counted properly...Citizens must have confidence in the integrity of their elections.”

The new language banning DREs was added today to a previous version of the same bill which Nelson had introduced originally in early Summer. This version "would be the first [bill] to seek a ban on electronic touch-screen voting machines in federal elections nationwide," according to his statement, which adds that the language was updated after a recent meeting with Florida's Republican Secretary of State Kurt Browning, once an ardent support of DRE voting systems.

When Nelson's original version of the legislation was introduced some months ago, it was largely a "clone version" of Holt's original HR811 introduced in the House, but with a number of extra provisions addressing concerns of voter intimidation and suppression.

Little attention had been given to Nelson's bill at the time, since the Rules Committee was regarded as having jurisdiction for any Election Reform bills in the Senate, and the committee chair, Sen. Diane Feinstein (D-CA), had made clear she intended to introduce her own version of Election Reform as the Senate counterpart to Holt's. She eventually introduced S. 1487, which has been subsequently criticized by Election Integrity advocates as being even more flawed then Holt's much-criticized bill.

(FULL DISCLOSURE: We were invited to work on the Holt bill prior to its introduction, and succeeded in adding several much-improved provisions. Yet the bill, as currently written --- and far more so since being drastically watered down throughout the committee process --- has failed to garner our support.)

DREs: "Not a Reasonable Voting System"

Neither Feinstein's nor Holt's bill had called for a ban on DRE voting systems, however, despite an outcry among Election Integrity advocates and a host of computer scientists and security experts who argued that DREs were vulnerable to hacking, non-transparent, prone to error, antithetical to democracy, and thus simply could not be used safely in elections. With or without a so-called "Voter Verified Paper Audit Trail" (VVPAT) printer attached.

Johns Hopkins computer professor Avi Rubin testified earlier this year that "after four years of studying the issue, I now believe that a DRE with a VVPAT is not a reasonable voting system."

Stanford professor and VerifiedVoting.org founder David Dill, arguing in favor of the Holt bill, admitted, "I would personally prefer to see optical scan machines used nationwide."

And former legislative director of VoteTrustUSA.org Warren Stewart, now also of VerifiedVoting, had told a Senate panel earlier this year that while there were disagreements among some in the EI movement, most had agreed that touch-screen systems must not not be used. "While this broad based movement embraces a wide range of proposals and positions," he testified, "it is unified in the conclusion that the direct electronic recording of votes to computer memory is inimical to democracy."

And yet, all three of the above advocates, along with many others, continued to argue --- while failing to offer any actual evidence for the claim --- that there was simply no support for the idea of a DRE ban in either house of the U.S. Congress.

All the while, The BRAD BLOG had maintained that they, and the other Holt supporters, had fallen victim to a hoax by People for the American Way (PFAW). The popular public advocacy group had long pushed the unsupported notion that there was no congressional support for such a ban, in order to see the bill passed specifically without such a ban. It was one of several false notions being forwarded by the group in favor of the bill, as we argued both here and at Alernet early in the year.

A careful examination of PFAW's on-the-record statements, and numerous on and off-the-record conversations with their Executive Director and legislative leaders by The BRAD BLOG over many months, revealed that PFAW (almost inexplicably) has actually been advocating in favor of the use of dangerous DRE voting systems in American elections. It's fair to say that Holt's bill had thus been held hostage to ensure that such systems would not be banned.

But then came the fallout from the failed 13th Congressional District election last November in Nelson's home state, followed by California Sec. of State Debra Bowen's landmark scientific findings, Rep. Susan Davis's (D-CA) amendment this past summer, and a killer editorial from the New York Times as the tide began to slowly turn...

We note that his favorable/unfavorable rating among registered Democrats in this poll is currently at 46/29. That's better than than any of the others in the race (Clinton: 26/63 *43/41, Obama: 38/24, Edwards: 30/30)

Here are all the numbers from WBEN...

* UPDATE/ED NOTE 10/27/07: WBEN's favorable/unfavorable numbers for Clinton were incorrect, according to CBS's original numbers [PDF]. Gore still has the best favorable/unfavorable rating of all the Democratic candidates among all registered voters. However, WBEN's contention that Clinton's fave/unfave is at 26/63 is entirely wrong. It's 43/41, as we've now noted above. Their incorrect numbers on her, for that question, seem to be taken from an entirely different question in the poll. At least that's our best guess. Details on all of that now follow below...

"These remarks display a shameful lack of understanding and sensitivity that is unacceptable in the person charged with enforcing the nation’s laws against voting discrimination," Sen. Ted Kennedy (D-MA) wrote in a question sent to Attorney General Nominee Michael Mukasey today concerning bizarre and objectionable comments made earlier this month by the DoJ's Civil Rights Division Voting Section chief, John Tanner.

Tanner, whose recent remarks at the National Latino Congresso in Los Angeles, as video-taped and first reported by The BRAD BLOG earlier this month, have sparked outrage, leading to calls for his firing last week by Senator Barack Obama (D-IL), this past Wednesday by Rep. Jerrold Nadler (D-NY). Civil Rights groups have also called for Tanner to be canned in the wake of his remarks claiming that Photo ID restrictions at the polling do effect the elderly, and that that's a "shame." But, minorities needn't worry because "they don't become elderly. They die first."

"The Voting Section of the Civil Rights Division has failed miserably in its responsibility to enforce the Voting Rights Act during this Administration," Kennedy said in a statement quoted by TPM Muckraker. "The latest shameful revelations from the Section drive home the urgent need for the next Attorney General to install strong leadership to allow the Voting Section to return to its historic role in ensuring access to the ballot."

Kennedy's question to Mukasey, which TPM Muck has in full, ends with "If you are confirmed, will you review Mr. Tanner’s record and consider whether he should be replaced as head of the Voting Section?"

But for those paying very close attention to Mukasey's confirmation hearings last week, his position on the controversial Photo ID issue --- a concern since some 10 to 30 million legally registered voters, largely Democratic-leaning minorities and elderly, are believed not to have such IDs and would therefore be kept from voting --- was troubling.

We had to review the testimony several times, as given in answer to questions by Sen. Ben Cardin (D-MD), to figure out where he fell on this issue. But a close reading reveals that, while Mukasey offered clear responses objecting to voter suppression issues such as misinformation concerning polling place location, he was far dodgier on the question of polling place Photo ID restrictions.

Close review of the transcript --- posted along with the video in full below --- reveals that Mukasey feels that overt disenfranchisement efforts via dirty tricks, such as misleading and/or threatening fliers and phone calls, definitely amounts to "flat-out fraud and pernicious fraud."

His feelings about disenfranchising Photo ID requirements, however, are far different...