[This article has been cross-posted by Salon...]

Last week, Bob Fitrakis and Gerry Bello at FreePress.org reported an important story concerning what they described as "uncertified 'experimental' software patches" being installed at the last minute on electronic vote tabulation systems in 39 Ohio counties which service more than 4 million voters Buckeye State voters.

The story included a copy of the contract [PDF] between Republican Ohio Sec. of State Jon Husted's office and ES&S, the nation's largest e-voting system manufacturer, for a new, last minute piece of software created to the custom specifications of the Sec. of State. The contract itself describes the software as "High-level enhancements to ES&S' election reporting software that extend beyond the current features and functionality of the software to facilitate a custom-developed State Election Results Reporting File."

A subsequent story at The Free Press the following day included text said to be from a November 1 memo sent from the OH SoS Election Counsel Brandi Laser Seske to a number of state election officials confirming the use of the new, uncertified software on Ohio's tabulator systems. The memo claims that "its function is to aid in the reporting of results" by converting them "into a format that can be read by the Secretary of State's election night reporting system."

On Friday evening, at Huffington Post, journalist Art Levine followed up with a piece that, among other things, advanced the story by breaking the news that Fitrakis and his attorney Cliff Arnebeck were filing a lawsuit for an immediate injunction against Husted and ES&S to "halt the use of secretly installed, unauthorized 'experimental' software in 39 counties' tabulators". Levine also reported that Arnebeck had referred the matter to the Cincinnati FBI for criminal investigation of what the Ohio attorney describes as "a flagrant violation of the law."

[Update: Details and documents from that lawsuit now here...]

"Before you add new software, you need approval of a state board," says Arnebeck. "They are installing an uncertified, suspect software patch that interfaces between the county's vote tabulation equipment and state tabulators." Arnebeck's alarm is understandable.

Since the story initially broke, I've been trying to learn as much as I could about what is actually going on here. During that time, a few in the mainstream media have gotten wind of the story as well, including NBC News and CNN, and have been able to press Husted and other officials in his office into finally responding to the concerns publicly. The Ohio officials have attempted to downplay the concerns, though in doing so, they appear to have given misleading information which, at times, seems to conflict even with the contract itself.

I've also spoken to computer scientists and election integrity experts, in trying to make sense of all of this, though many of them seem to be scratching their heads as well. My own queries to the Sec. of State's office have gone unanswered, as had Fitrakis' and Bello's before they published their initial story, begging the question as to why, if this software is as benign as Ohio officials are suggesting, they didn't respond immediately to say as much. Furthermore, why did they keep the contract a secret? Why did they wait until just before the election to have this work done? And why did they feel it was appropriate to circumvent both federal and state testing and certification programs for the software in the bargain?

I'd like to have been able to learn much more before running anything on this at all, frankly. But the lack of time between now and Tuesday's election --- in which Ohio's results are universally believed to be key to determining the next President of the United States --- preclude that.

So, based on the information I've been able to glean so far, allow me to try to explain, in as simple terms as I can, what we current know and what we don't, and what the serious concerns are all about.

And, just to pre-respond to those supposed journalists who have shown a proclivity for reading comprehension issues, let me be clear: No, this does not mean I am charging that there is a conspiracy to rig or steal the Ohio election. While there certainly could be, if there is, I don't know about it, nor am I charging there is any such conspiracy at this time. The secretive, seemingly extra-legal way in which SoS Husted's office is going about whatever it is they are trying to do, however, at the very last minute before the election, along with the explanations they've given for it to date, and concerns about similar cases in the past, in both Ohio and elsewhere, are certainly cause for any reasonable skeptic or journalist to be suspect and investigate what could be going on. And so I am...

Just in tonight as tabulation continues in Ohio's primary election today. Via Josh Sweigart at Middletown Journal:

Long-time readers of The BRAD BLOG will remember that similar "glitches" affected the 2004 Presidential Election in the Buckeye State when the election night reporting website went down late in the evening, was moved to the "back up servers" of a far Rightwing firm in Chattanooga, TN, before coming back up to show that George W. Bush had taken the lead over John Kerry.

That system was created by Mike Connell, the GOP's IT guru who, in 2008, was subpeonaed for a deposition in a long-standing 2004 election fraud suit, only to die in a mysterious plane crane just weeks after the election, before he could testify in open court. Computer security experts have long charged that the results of Ohio's '04 Presidential election may have been compromised by a so-called "man in the middle" computer attack as the servers changed locations that night.

Similarly, in the hotly contested 2005 Special Election contest between Jean Schmidt (R) and Paul Hackett (D) for Ohio's 2nd Congressional District seat, central tabulator computers went down during late-night counting in Clermont County, only to come back up showing Schmidt with the lead over Hackett.

Whether something similar could be going on tonight in Butler County remains to be seen, but the attacks on the servers certainly seem worth noting here should further information become available over the next few hours, days, or weeks.

[See end of article for an UPDATE on the above story.]

In another part of Ohio, Cuyahoga County (Cleveland) experienced its own predictable failures with its ES&S precinct-based optical-scan vote tabulators during pre-election testing over the weekend. 89 of the county's 1,200 machines (6%) froze up entirely during those tests...

[Ed note: This blog item was originally published on 2/6/2010. I'm re-dating it to today, to let you know that my full Hustler article, sans graphics, has now been posted online at the LarryFlynt.com site.. Edmonds has now named names, but the media won't investigate. Why would that be? I look at the possibilities in my article. --- As well, the Mike Connell feature story in February's Maxim, mentioned below, is also now posted online. -BF]

You're welcome. My 2000+ word article on former FBI translator-turned-whistleblower Sibel Edmonds is now featured in the March 2010 edition of Hustler. Sorry, she's wearing all her clothes. Go buy it anyway.

The article brings the story of Edmonds, who was twice-gagged by the Bush Administration's outrageous use/abuse of the "States Secrets Privilege," fully up to date following her naming of names, finally, under oath, in remarkable testimony last summer. (Some of those names: Hastert, Burton, Blunt, Lantos, Schakowsky, Wolfowitz, Perle, Grossman, etc.)

Simon Worrall's piece from February's Maxim on the mysterious death of Bush/Rove/GOP IT guru Mike Connell is now available online.

As we noted in our detailed exclusive preview of the piece last month, the 3,500-word exposè by the British author and journalist is the closest thing to mainstream corporate media coverage that this story has received since Connell's death. Worrall offers a number of tantalizing facts and fresh interviews about the man whose companies and computers and websites were said to have been near the center of (among other under-investigated crimes) the alleged gaming of the 2004 Presidential Election in Ohio. He has also been posting a series of short "Back Story" pieces on this feature article over on his own blog that you may find interesting as well.

Connell died when the single-engine aircraft he was piloting just prior to Christmas 2008 crashed in flames near Akron. The tragedy came just weeks after he was compelled by a federal judge to give a deposition in a long-standing 2004 federal election fraud lawsuit, on the heels of reports that Connell had been threatened by Rove to "take the fall" for whatever happened in '04. After Worrall's year-long investigation, he believes it's highly likely that Connell was, in fact, murdered.

The BRAD BLOG earned 2010 Project Censored award for "Excellence in Investigative Journalism" for our own coverage of the Connell story. Highlights of that coverage are linked below. (And P.S.: Our own feature article on the formerly-gagged FBI Whistleblower Sibel Edmonds, in the March issue of Hustler, is still currently on the stands!)...

The story for which The BRAD BLOG was awarded a 2010 Project Censored award for "Excellence in Investigative Journalism" is "censored" no more. From the February 2010 issue of Maxim hitting mag racks this week...

Guest Blogged by Rebecca M. Abrahams

On December 18, 2008, Bush IT expert Mike Connell, a highly skilled pilot, was killed in a sudden crash while flying his small aircraft from Washington DC to his Akron/Canton home airport. The cause of the crash is still unknown and under investigation by the National Transportation Safety Board.

For more than ten months, Connell's family has been coping with feelings of disbelief, anger and confusion and has many unanswered questions about the man they knew and loved.

For Connell's widow Heather, holding her husband's New Media consulting firm together is a daily struggle.

"The more I learn about the crash the more sick it makes me - the destruction of the plane. I found a pack of the I-pod ear buds in a tree. I'm obsessed with the Blackberry. I don't have the Blackberry. I have his backpack. I have his paperwork, his schedule. None of his paperwork is burned up. One of his prayer books burned on the outside. I think there was a lot thrown from the plane."

Although mainly un-reported, there's a great deal of controversy surrounding Connell's death - largely in part because he was the architect of many Republican websites including GeorgeWBush.com and GWB43.com, the site Karl Rove used for 95% of his email correspondence. Connell was also considered a key witness in the election fraud lawsuit King Lincoln Bronzeville Neighborhood Association v. Blackwell. The suit implicates Former Ohio Secretary of State Kenneth J. Blackwell, Karl Rove and others of 2004 election night vote rigging.

Attorneys in the case believe that Connell, who had not been accused of any wrongdoing, had firsthand knowledge about the missing White House emails and Rove's alleged wrongdoing with respect to the 2004 Presidential election.

His wife, and those attorneys, are not the only ones still focused on questions about what actually happened to Mike Connell nearly one year ago, and in the years prior...

For various reasons, now seems a good moment to mention that The BRAD BLOG was honored this year with a prestigious Project Censored 2010 award for our coverage of the mysterious death of the GOP's IT guru Mike Connell. Connell, for those unfamiliar with the story (see background links at bottom of this article) was in the process of testifying about his rumored role in helping the GOP carry out fraud in Ohio's '04 Presidential Election when he was then reportedly threatened by Karl Rove. Weeks later he suddenly plunged to his death in a single-engine plane crash just before Christmas last year as he was preparing to land near Akron, on his way home from one of his frequent trips to D.C..

My colleagues Mark Crispin Miller and Larisa Alexandrovna and Muriel Kane were also honored by PC for their own coverage of the story.

Project Censored, based out of Sonoma State University, has been highlighting overlooked stories each year since 1976, and was recognized by Walter Cronkite as "one of the organizations that we should listen to, to be assured our newspaper and our broadcasting outlets are practicing thorough and ethical journalism."

In addition to our "Excellence in Investigative Journalism" award from PC this year, as highlighted in their annual "Top 25 Censored Stories for 2010," I was also asked to write a chapter on problems faced by voters in Election 2008 for this year's book, Censored 2010: The Top 25 Censored Stories of 2008-09.

Co-Editors Peter Phillips and Mickey Huff have been kind enough to offer us a number of signed copies at a reduced rate so that we can offer them as premiums to readers of The BRAD BLOG to help continue our work here.

The 9,000 word chapter I wrote for the book is titled "Election 2008: Vanishing Votes, Disappearing Democracy and Media Misdirection" and includes sections named "And You Lose Your Vote! And You Lose Your Vote! And You Lose Your Vote!..."; "First Worst in the Nation"; "America Flips Out, Media Barely Notices, Parties Barely Care"; "Democrats Nowhere to be Found"; and "Pay No Attention to the Man Behind the Curtain."

If you'd like a copy of this great book (Makes a great holiday gift! I'll sign it as well, if you wish!), chocked full of important, overlooked stories from the last year or so, along with follow-ups to them --- and a lot of real information on the story of Election 2008 seen here for the first time in print --- please do one of the following:

• Donate $50 or more to The BRAD BLOG
• Alternately (and even preferably!) sign up for a monthly sustaining donation of $15 or more in the blue box in the right sidebar on this page, or
• Send a check for $50 or more via snail mail, (note when sending that it's for "Censored 2010"), to: Brad Friedman, 7095 Hollywood Blvd., #594, Los Angeles, CA 90028

Your support is greatly appreciated, and tremendously needed, as we receive no foundational or corporate support for our work here! Your contributions are largely the only thing that keep us going! So thank you in advance for any help here!

Links to The BRAD BLOG's most recent coverage of the Mike Connell story follows below...

A few developments this week in the case of Mike Connell, the GOP IT guru who died in a single-engine plane craft last December, just after being forced to testify in a long-standing OH 2004 voting rights case, but before the case could come to trial. As The BRAD BLOG has long covered both the lawsuit, and Connell's central role, I wanted to make sure the new developments were noted here. Forgive my quick copy and paste, necessarily, given the circumstances of the week which still have me otherwise distracted in many ways. Background links on the entire Connell story are included at the end of this item...

First via RAW:

There were a few other notable tidbits from Bill Lueders' original report in Wisconsin's The Daily Page...

Yesterday, "Mediabloodhound" Brad Jacobson (an occasional guest contributor to The BRAD BLOG) covered the coverage, noting the curious lack thereof, in the corporate mainstream, of the death of Mike Connell, the longtime top Bush/Rove/McCain IT consultant.

Jacobson's piece concludes:

Shortly following the publication of Jacobson's piece, AP/CBS filed a rather detailed report, one which is actually quite thorough by MSM standards.

Nonetheless, it's still been fairly quiet in the bulk of the MSM, especially in the broadcast MSM, and especially given the high-ranks of Connell, who had been the chief IT consultant for Karl Rove, had received millions creating websites for the Bushes, McCain, the Swiftboaters, the state of OH and dozens of other GOP campaigns, as well as having created the network firewalls for top Congressional committees (for which his company reportedly received a sweetheart, no-bid contract) and the controversial alternate email server used by the White House and at the center of the US Attorney purge scandal.

Let's hope the AP/CBS report will now spur more MSM coverage...just in time to be lost in the XMas news hole, of course.

A few more odds and ends of note today on this matter, as we head into that news hole...

I'm not sure what, if any, light this video --- as shot by local eye and ear-witnesses in Akron, OH --- sheds on the plane crash and death of high-ranking GOP IT operative Mike Connell. But, as it may reveal something, to somebody, in the still-unexplained, and surprisingly-timed crash, I suppose it may useful to put it on the record here.

For example, despite scattered reports that bad weather may have contributed to the cause of the crash, the weather seems to have been clear, at least on the ground, at least by the time the witnesses arrived, as seen in the video. Reports of "mist" seem to be belied in the early part of the video, shot through the front window of the car which does not appear to have its windshield wipers on. [UPDATE: RAW STORY also reports weather data during the hour of the crash, noting visibility was clear, and temperatures just above freezing.] Also, several descriptions of what was heard by the "ear-witnesses" as the crash occurred, may be of value as well.

The video, and an audio interview with OH attorney Cliff Arnebeck, who had sought Connell's protection after reported threats from Karl Rove, follow below...

-- Brad Friedman, The BRAD BLOG

The lead attorney in the widening 2004 federal election fraud conspiracy case which began in Ohio --- but is rapidly growing to other states and other elections --- says that the stunning death of a key witness last Friday is a blow to the case, but not the end of it by a long shot.

"Michael Connell was a critically important witness. His loss hurts our case," Cliff Arnebeck, the lead attorney for the plaintiffs in the King-Lincoln Bronzeville v. OH Sec. of State lawsuit, told The BRAD BLOG in an email responding to questions about Connell's death. The Republican 'IT guru,' a top IT consultant to Karl Rove, George W. Bush, John McCain, and a bevy of congressional Republicans, had been in the nation's capital on still-unknown business before his single engine plane crashed Friday night on the way home, just three miles short of the runway in Akron, Ohio. The cause of the crash remains similarly unknown as of today.

"We will have to adjust," Arnebeck told us in response to queries about where the case may necessarily need to go from here. "The kind of organized criminal enterprise we are addressing requires the resources of the very best that the investigative press corps and law enforcement, at all levels, can muster."

As posted on the New York Times website in full on Saturday, the last line of a press release from VelvetRevolution.us, who has retained Arnebeck as counsel in the case, reads "Our prior request to have Mr. Connell protected went unheeded and now he is dead." [DISCLOSURE: The BRAD BLOG is a co-founder of VR.]

However, despite Connell's elite status as a top-rung Republican consultant for years --- he reportedly received some $800,000 from the Bush/Cheney campaign in 2004 alone --- the NYTimes, the nation's paper of record, has yet to run anything else on the death of the man who, Arnebeck notes, he had intended to both further depose, as well as call to testify as a key trial witness in the federal conspiracy case. Coverage from the UK's Telegraph, however, is published here.

Connell had been compelled by the federal district judge in the case, on the Friday prior to last month's Presidential Election, to give a deposition to plaintiff attorneys on the Monday before the general election. The order for that deposition came after the OH attorneys had sent a letter to U.S. Attorney General Michael Mukasey, seeking protection for Connell and his wife. While Connell had expressed a willingness to testify about what he knew concerning the '04 election, and the election website network he had created for Ohio's then-Sec. of State J. Kenneth Blackwell, he had become reticent after Rove had sent threats to Connell and his wife, according to tipsters...

Guest blogged by Emily Levy of Velvet Revolution
[Additional material added on 12/20/08 by Brad Friedman]

The Akron Beacon Journal is reporting that the private plane of the GOP's highly-placed "IT guru" Mike Connell's went down in Lake Township, Ohio on Friday evening. Connell was killed in the crash and is reported to have been the only person on board. There are no reports of anyone on the ground being hurt, though his plane crashed in a residential neighborhood.

Connell is a familiar name to readers of The BRAD BLOG as a key witness in the King-Lincoln v. Blackwell lawsuit regarding fraud in the 2004 Presidential Election in Ohio. That recently revived, long-standing lawsuit led to Connell's recent deposition on November 3, 2008, the day before this year's general election. According to plaintiff's lead attorney Cliff Arnebeck in July, a tipster had warned that Connell had been threatened by Karl Rove, as The BRAD BLOG reported at the time, in an attempt to intimidate him into "taking the fall" for Ohio election fraud not long after a motion was filed to lift the stay in that case.

Connell had been memorably described as a "high IQ Forrest Gump", by the attorneys for the plaintiffs in the Ohio fraud case, for his apparent penchant at the scene of "every single crime" from Florida 2000 to Ohio 2004 to the network firewall on a number of key Congressional committees to the case of the missing White House emails. (Video and text transcript of the interview with the attorneys here.)

In late September, the federal judge in the Ohio case agreed to lift the stay, and in late October he compelled Connell to give a deposition to plaintiff attorneys on the Monday before the Tuesday general election.

Connell had been served with a subpoena to appear in the federal courtroom in Ohio at the same College Park, MD airport where his single engine plane reportedly took off from last night, on his final solo flight...

Guest blogged by Steve Heller of Velvet Revolution

The lead attorney for the plaintiffs in the civil RICO lawsuit King Lincoln v. Blackwell in Ohio has served a document hold request to Georgia Sec. of State Karen Handel in advance of the December 2nd run-off election between incumbent U.S. Senator Saxby Chambliss (R) and his opponent, Jim Martin (D).

Today's letter from attorney Cliff Arnebeck (posted in full at the end of this article) requests "any records of official investigation of the reported use of uncertified patches by Diebold in two Democratic Georgia counties in 2002, reported by former Diebold consultant Chris Hood."

It also requests "protocols, inspection and audit procedures that have been prescribed to protect against other introductions of uncertified patches into federal elections in Georgia."

And, in an effort to preempt any planned improprieties in the upcoming Georgia run-off election between incumbent Senator Saxby Chambliss (R) and his opponent, Jim Martin (D) --- particularly given the 2002 history of Diebold-run Senate elections featuring Chambliss --- Arnebeck also requests Handel's "confirmation that all … records for the runoff election will be retained for the federally prescribed 22 month period."

That last request, echoing a call for same made recently by The BRAD BLOG, comes at a moment when the stakes for the Georgia election could hardly be higher. The 22-month retention of memory cards and hard drives from electronic voting systems is frequently ignored by election officials, despite the federal statute requiring all materials from elections be securely stored for that full period. Unfortunately, memory cards and hard drives are routinely erased and re-used, despite the federal law.

In Georgia, that has been a peach of a problem for those concerned with election integrity...

Guest Blogged by Steve Heller of VelvetRevolution.us

The Republican IT guru, recently described as a "high tech Forrest Gump" for his proclivity to be "at the scene" of so many troubling elections since 2000, and even at the heart of the "lost" White House email scandal, has been ordered by a federal judge to appear for an under-oath deposition next Monday in Ohio.

The BRAD BLOG has learned that Mike Connell, the Republican IT guru whose company, GovTech Solutions, created Ohio's 2004 election results computer network, appeared in federal court today, as compelled, and has been ordered to appear for his deposition on Monday, November 3, just 24 hours before Election Day 2008.

Today's court order came after a contentious hearing, at which Connell was present. The hearing was part of a long-standing voting rights violations lawsuit, King Lincoln v. Blackwell, as previously covered by The BRAD BLOG and by Velvet Revolution's Election Protection Strike Force here and here.

Though Connell's attorneys have fought to quash the subpoena, recently issued after the judge lifted a stay on the case several weeks ago, it looks like his options to avoid testimony, or at least jail for avoiding it, may have come to an end. The attorneys in the case have said that Connell's testimony may well lead to the subpoenaing and under-oath questioning of Karl Rove, who, they say, would be unable to use Executive Privilege as an excuse to avoid such a subpoena in a civil RICO case...

[Ed Note: Cliff Arnebeck, the Ohio attorney representing the plaintiffs in the case discussed below, will be joining me Wednesday evening to talk about the case, when I sit in to Guest Host The Mike Malloy Show, which I'll be doing Wed-Fri this week, from 9p-Midnight ET (6p-9p PT) - BF]

A recent flurry of activity in the long-standing King Lincoln v. OH Sec. of State lawsuit concerning voting rights violations in the state during the 2004 election has resulted in the judge lifting the stay to allow depositions to be taken of key GOP tech-guru Mike Connell, and potentially others, such as Karl Rove.

A subpoena has now been served to Connell, who was recently described by the attorneys working on the case, as a 'high-IQ Forrest Gump...at the scene of every GOP crime.'

Federal District Court Judge Algenon Marbley's brief order [PDF], agreeing to lift the stay, was quietly issued on September 19th. It reads:

The BRAD BLOG had learned about the latest court action, which could soon entangle Rove as well, some time ago, but we were asked by parties involved in the case to embargo the information until such time as they were able to serve Connell with his subpoena...