Seriously, dudes?...

So the NSA knew about this massive security flaw, one of the biggest in the history of the Internet, and rather than warning about the security vulnerability to all Americans, exploited it, instead.

While I can't say I'm particularly surprised by this, I can say, I'm infuriated by it.

If it wasn't before, the NSA has now become a complete joke. What part of "national security" is unclear to the National Security Agency, for chrissakes?!!

For an additional take on the Heartbleed bug as it pertains to electronic and Internet voting systems (For example, how the fact that this huge flaw in open source software was not discovered for years, underscoring the fact that open source is little more than a panacea when it comes to the foolhardy use of computers in elections, and how this bug should end all talk of Internet Voting forever) please listen to my rant during this week's BradCast, beginning approximately at the :31 minute mark.

Last week we told you how Wisconsin's Republican Gov. Scott Walker considers implementing a polling place Photo ID restriction in his state to be so "pressing" that he would call a special session of the state legislature to do it. He says it's the only such matter "pressing" enough to merit such extraordinary action this year, in advance of the November 2014 election --- when Walker himself, just coincidentally, faces a very tight re-election race.

That, despite the fact that two state courts have already found the Republicans' existing polling place Photo ID voter restriction law to be a violation of the state constitution and that expert testimony during one of the two trials detailed how there is only one single known case of voter impersonation fraud in WI over the past 10 years that might have possibly been deterred by such a law. At the same time, tens of thousands of perfectly legal voters will likely be barred from voting under such a law.The state Supreme Court is currently deciding on the state's appeal to the lower courts' rulings.

Republicans pretend that implementing such a law is not about voter suppression, but now at least one of them, to his great credit, strongly and loudly disagrees.

This week, Republican state Sen. Dale Schultz accused his own party of "trying to suppress the vote" and said that he is "not willing to defend them anymore. I'm just not and I'm embarrassed by this."

Schultz also decried the current WI GOP effort to suppress the vote --- one which would likely effect many elderly as well as minority and student voters --- as an insult to veterans, calling it "a slap in the face at the very least to some of the people who gave some of the most vital years of their life in the service of their country"...

Ever since the situation in Ukraine began to blow up (again), I've been trying to figure out what's really been going on. It hasn't been easy. And the U.S. corporate media has not been particularly helpful (again).

My attempt to sort out fact from fiction after last weekend's '97.6%' referendum vote in Crimea is just one example of finding the facts running counter to the U.S. MSM narrative.

We pick up that thread on this week's KPFK/Pacifica Radio BradCast, as I was joined by investigative reporter Robert Parry of ConsortiumNews.com to try and sort much of it out. His must-read article, "Mainstream US Media Is Lost in Ukraine", tying together blatant media failures on Iraq and Syria and now in Ukraine, begins to crack the nut of what the U.S. media is failing to tell us about the entire fine mess, including some startling audio evidence that we play on the show suggesting that certain narratives --- for example, the one about now former Ukraine President Viktor Yanukovych's police gunning down protesters --- may be much less (or, at least, much different) than has been generally reported in this country.

Parry explains how "The U.S. mainstream news media is reaching a new professional low point as it covers the Ukraine crisis by brazenly touting Official Washington’s propaganda themes, blatantly ignoring contrary facts and leading the American public into another geopolitical blind alley."

You'll want to hear this conversation.

In the back half of the show...we cover The BRAD BLOG's exclusive this week on a great new gift for election hackers --- just in time for the 2014 mid-terms!; the one WI Republican state Senator willing to stand up against Gov. Scott Walker's voter suppression; Sen. Whitehouse's theory on Citizens United and climate change denial; and, of course, Desi Doyen joins us with the latest Green News Report, as usual.

Buckle up!

Download MP3 or listen online below...

[Image: Mykhaylo Palinchak / Shutterstock.com]

Hey! Great news! Just in time to practice up your hacking skills before the 2014 mid-term elections, you can now buy your very own ES&S iVotronic touch-screen voting system from eBay!...

Yes, the very same voting systems that are so incredibly sensitive and vulnerable to tampering (and which have failed so often in so many states and in so many elections) that both election officials and Elections Systems & Software, Inc. (ES&S) have long attempted to keep them out of the hands of the public, can now be yours for just $499.99 or "Best Offer" via eBay! And that includes Free Shipping!

And, oh, look! One of them is already sold!...

In a blog item on Monday, law professor Ilya Somin, of the Washington Post's right-leaning "Volokh Conspiracy" blog, declared the weekend's reported 96.7% vote in favor of Crimea joining Russia to be either fraudulent or the result of voter intimidation of some kind.

In the article, Somin called the results "dubious" and "highly improbable," declaring at least three times in his very short, 6-paragraph item that the referendum's results were "achieved" (his quotes) and/or "likely tainted by fraud or intimidation" --- the likelihood of which Somin describes as a "fact."

"It is highly improbable that 96.7% would have voted yes in a genuinely free vote, since the Crimean population includes large Ukrainian and Crimean Tatar minorities that are overwhelmingly opposed to a return to Russian rule," the George Mason University School of Law professor instructs. "Crimean officials are also reporting a high 83% turnout. If that figure is correct, it makes it unlikely that the 96.7% result is explicable by selective turnout. If, on the other hand, officials are lying about the turnout, they could be engaging deception about the vote margin as well."

Mainstream corporate media in the U.S. have a very difficult time reporting on real evidence of fraud in American elections, much less reporting it as "fact." But when it comes to elections overseas, particularly those which involve perceived geopolitical foes of the U.S., papers like the Washington Post seem to have little, if any, reluctance in offering exceedingly speculative arguments that all but declare elections held by others to be "fraudulent." (See this head-spinning irony, also involving Ukraine, just days after the very same disparity in Exit Polling, carried out by the same firm, resulted in questions about the legitimacy of results from Ukraine's November 2004 Presidential election, but not the still-disputed results of the 2004 Presidential elections in the U.S. just a week or two earlier.)

But 96.7% is, indeed, an outrageously high number for any election result. So how much legitimacy should be given to the results of the voting announced from the weekend referendum in Crimea, given what we know about the balloting and what we don't? And can the U.S. learn anything --- for better or worse --- about the way votes were cast and counted in Crimea?...

Meanwhile...Back up in Wisconsin, where two different courts have already found the Republicans' polling place Photo ID restriction law to be in violation of the state constitution, a decision on an appeal waits at the state Supreme Court.

But, no worries, if that Court also agrees that it's unconstitutional to deny WI voters their right to vote, Gov. Scott Walker is ready to call the state legislature back into an emergency session to try to pass another such law, according to the Journal Sentinel...

Despite the fact that an expert on voter fraud testified during one of the trials last year that there was only one single case of voter impersonation in WI that might have been deterred by such a law over the past 10 years, the Wisconsin State Journal reports that Walker sees this issue as very very urgent --- the only one, in fact, that is urgent enough that he would find it necessary to call for a special session of the legislature, for some reason...

Some encouraging news to begin your week, along with apologies to Ian Millhiser for running his short and sweet piece in full, but I'm off the grid for much of today and would like to flag his main point here...

Millhiser may be more bullish on the American people "getting it" than I am. The Rightwing "voter fraud" propaganda has run long and deep, and (unlike The BRAD BLOG) both Democrats and progressives in general took way too long to begin responding to the insidious and very well organized voter suppression strategy by Republicans. Still, I hope he's right and I'm wrong, and that, like so many other issues, the American people will get it right once they truly understand the facts of the long-running and effective GOP scam.

The data points Millhiser cites are encouraging, however, and are in line with a general anecdotal assessment I offered in January, as based on responses from Reddit commenters to the Pennsylvania court that nixed the Keystone State's disenfranchising and unconstitutional polling place Photo ID restriction law passed into law by Republicans there last year.

And, one more point, since the piece above discusses Iowa: A reminder that when the GOP in the Hawkeye State were able to run any type of election they wanted (without having to worry about running afoul of state or federal law or Constitutional issues) in their own 2012 GOP Iowa Caucuses, they chose to not require their own voters present Photo ID before participating, despite working very hard in the year prior to require such restrictions for all voters in the general election.

(In a related point, the Iowa GOP also chose to use hand-counted paper ballots, rather than optical-scan or touch-screen computers in their Presidential caucuses that year as well. Thanks only to that public oversight of the balloting the real winner of the 2012 Iowa GOP Caucus was eventually determined. Without those publicly-counted paper ballots, the man who didn't win, Mitt Romney, who was unofficially declared to be the "winner" on election night in Iowa, would have almost certainly have gone on to become the official "winner" as well, despite receiving fewer votes than Rick Santorum.)

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

The Green Party's candidate for California Secretary of State this year is a strong proponent of Internet Voting. David Curtis, who was also the Green's 2010 candidate for Governor in Nevada, is now running to replace CA's term-limited Democratic Sec. of State Debra Bowen and he's staking out a position that contradicts computer scientists and security experts who warn that online voting cannot be done securely.

Recently, I had a "conversation" with Curtis on Twitter about his advocacy for Internet Voting, after Steven Dorst, an election integrity advocate who follows The BRAD BLOG on Twitter, responded to a tweet of Curtis' declaring his support for an optional "online method of voting".

My enlightening conversation with Curtis follows in full below.

The BRAD BLOG has long been on record documenting the many dangers of Internet elections. While the ease of hacking such elections is certainly a major concern (among many others), the over-arching problem with Internet Voting is that, after voting is complete, it is 100% impossible for citizens to oversee their own election results in order to determine that any vote has been tallied as per any voter's intent.

As with electronic touch-screen voting, which is 100% unverifiable in any form, even when done securely --- if there is even a way to measure such things (and virtually all computer security experts have told us for years that there isn't) --- Internet Voting can never been done in such a way that the citizenry can know that its been done securely. Thus, no matter how "secure", Internet Voting is ultimately a threat to confidence in elections and, along with it, representative democracy in the U.S.

Nonetheless, Curtis, like at least one other candidate in this year's SoS race in California, disagrees. He strongly advocates in favor of Internet Voting...

Last year, as we reported at the time, California Republicans who sought to sabotage the roll-out of the Affordable Care Act, sent out deceptive mailers to constituents at taxpayer expense directing them to a fake "Obamacare" website.

This year, picking up on the idea that duping the public (committing fraud) is the key to their success, the National Republican Congressional Committee (NRCC) was recently found to have created at least eighteen websites built to appear to support Democratic candidates while, in actuality, using the sites to fund raise against those same candidates.

The website seen in the graphic above, for example, appears to support Arizona Democratic Rep. Ann Kirkpatrick's re-election bid --- unless you are very careful to read the fine print. The site, AnnKirkpatrick.com, "might greet visitors with a welcoming photo of the Arizona congresswoman and a screaming 'Kirkpatrick for Congress' logo, but that design belies its true agenda," according to the Los Angeles Times. That agenda, they say, includes duping supporters of Democratic candidates into donating towards their defeat --- a tactic, which, the non-partisan Campaign Legal Center's senior counsel Paul S. Ryan describes as a "slam dunk" violation of Federal Election Commission (FEC) Rules.

As we've recently been reporting, however, "slam dunk" violations of federal campaign finance laws and FEC rules are anything but a "slam dunk" when it comes to their actual enforcement by the FEC...

With Brad Friedman...

After a recent three-to-three decision by a partisan-deadlocked Federal Elections Commission (FEC), Karl Rove may have thought he was off the hook for federal campaign finance violations by his Crossroads GPS organization. Two non-profit, good government groups, however, feel differently. Last Friday, they filed a federal lawsuit [PDF] against the FEC in hopes of forcing the agency to reverse its ruling, revisit the complaint against his group's 2010 electioneering, and to enforce federal campaign finance rules as specified by law.

Late last Friday, Attorneys from the non-partisan Campaign Legal Center and the Public Citizen Litigation Group filed a civil complaint against the FEC in U.S. District Court in Washington D.C.

The suit seeks to reverse what the plaintiffs describe as an "arbitrary" and "capricious" decision by the three Republican FEC Commissioners, in contradiction of the advice of their own staff attorneys, to dismiss the administrative complaint the groups had filed against Rove's organization. That administrative complaint charged that Rove's group violated federal campaign finance law during the 2010 election cycle.

The votes by the three Republican FEC Commissioners effectively quashed any further official investigation into the allegations that Rove's group violated the Federal Election Campaign Act of 1971 (FECA) when it spent the majority of its money during the 2010 election cycle on electioneering, but failed to register as a "political committee" with the FEC, as required by law. Their decision to shut down the investigation came after what the FEC's own staff attorneys found to be a likely violation of the federal campaign finance law.

By dismissing the administrative complaint and shutting the door on the investigation, the Republican FEC Commissioners not only allowed Rove to keep, as a secret, the identity of donors of tens of millions of dollars used to support Republican Congressional campaigns in 2010, but effectively offered Rove carte blanche to conceal donor identities with respect to monies spent in subsequent elections, such as the 2012 election cycle in which Crossroads GPS "spent at least $71 million on federal campaign activity," according to the newly filed federal complaint.

The plaintiffs charge that the FEC's deadlock was the result of "an impermissible interpretation of FECA," and the agency's own published guidelines due to an "abuse of discretion" by the Republican commissioners in a manner that was "otherwise contrary to law"...

On Tuesday, a Los Angeles County jury convicted California State Senator Roderick D. Wright (D) of false residency voter fraud, after finding that he lied about his address on voter registration and candidacy papers.

Wright's crime was an elite form of voter fraud, which, along with almost all of the most prevalent forms of voter fraud, would not have been prevented by polling place Photo ID restriction laws.

The jury was not persuaded by Wright's claim that he resided in the Inglewood residence of his common law stepmother. Prosecutors presented extensive evidence that established that Wright resided in an "upscale Baldwin Hills neighborhood" that was outside the district. They found that, in addition to lying about his address on his voter registration and candidacy papers, he fraudulently voted in five elections.

As we have repeatedly explained, most recently in covering a recent judicial determination that Pennsylvania's Photo ID law violated that state's constitution, cases involving in-person voter impersonation by ordinary citizens --- the only type of voter fraud that can possibly be prevented by polling place Photo ID restrictions --- are about a scarce as hen's teeth. False residency, by contrast, is a form of voter fraud that has reached epidemic proportions amongst our political elites in both parties, especially, as Brad Friedman has tirelessly documented, amongst the very high-level Republicans who hypocritically call for Photo ID restrictions for everybody else.

Where millions of innocent Americans are at risk of disenfranchisement as a result of the phantom menace of in-person voter fraud, prosecutions of elite politicians for false residency voter fraud have been rare. In one of those rare instances, former Indiana Republican Secretary of State Charlie White was convicted in 2012 of three counts of felony false residency voter fraud. His conviction was particularly ironic, given that he was the chief election official in the first state in the nation to implement polling place Photo ID restrictions. Despite his felony voter fraud charges (and four others) White has not had to serve so much as a single day in jail. Wright, a Democrat, faces up to eight years in prison.

[Update 1/31/2014: Following a meeting by the Democratic caucus, California State Senate Leader Darrell Steinberg (D) announced that Wright will retain his seat pending appeal. However, the Democratic caucus, which sports a super-majority in the state Senate, removed Wright from his position as the Chairman of the Senate Governmental Affairs Committee.]

Here are just a few of the cases of false residency voter fraud we've documented over recent years, by some high-profile GOPers you will be very familiar with...

[A version of this article has now been cross-published by Salon...]

A number of unhappy "good government" groups will file a lawsuit against the Federal Election Commission next month, in hopes that the courts will force the FEC to enforce the federal campaign finance laws that the FEC is, supposedly, there to enforce.

The organizations are particularly unhappy about Karl Rove's Crossroads GPS "behemoth" outfit, which has raised hundreds of millions over the last several years to elect Republican candidates to office, recently receiving a pass from the FEC, even after the agency's Office of General Counsel found reason to believe Rove's group clearly violated campaign finance laws.

The news about the groups' intention to file suit was offered on the KPFK/Pacifica Radio BradCast this week by my guest, Craig Holman, the Government Affairs Lobbyist for Public Citizen's Congress Watch. Public Citizen, along with the Campaign Legal Center, Center for Media and Democracy, and Protect Our Elections filed the initial complaint over campaign spending in 2010 by Rove's then new non-profit 501(c)(4) organization. They now plan to sue the FEC for failing to do their job, Holman explained on the show on Wednesday. [Disclosure: Protect Our Elections is a campaign created by VelvetRevolution.us, an organization co-founded by The BRAD BLOG, though we weren't personally involved with either the complaint or the upcoming suit.]

"What's happened with the Federal Election Commission is," Holman explained during my interview [posted in full at the end of this article], Senator "Mitch McConnell [R-KY], back in about 2008, realized that even though he can't get Congress to rescind campaign finance laws --- and he certainly can't sell the public on rescinding campaign finance laws --- he realized that if he were to appoint three Republican Commissioners to the FEC, he could ensure that the campaign finance laws don't get enforced. And that's exactly what has happened." Holman detailed how three-to-three deadlock votes on whether to pursue further action in most of the campaign finance rulings by the three Democratic and three Republican Commissioners on the FEC has increased "nine-fold" since 2008. A deadlock vote effectively ends the matter, even if wrong-doing had been found by the investigative staff, as is the case here.

In the original complaint against Rove's Crossroads GPS, the FEC's Office of General Counsel (OGC) found that the group had spent a majority of its funding on campaigning in 2010. If so, that's a violation of the law, since Rove's group should have filed with the FEC as a political committee, rather than as a 501(c)(4) which is supposed to be a non-electioneering "social welfare" organization. As a political committee, funders would have to be immediately disclosed, but as a (c)(4), the identity of those funding Rove's organization can remain a secret....

Following the national shame of 2012 when long lines at the polls on Election Day and during Early Voting (which was restricted by Republicans in a number of states) once again suppressed the vote and endangered American democracy, President Obama called for electoral reform as he declared victory on Election Night.

"I want to thank every American who participated in this election...Whether you voted for the very first time or waited in line for a very long time," he said, adding: "By the way, we have to fix that."

During his second Inauguration speech, he repeated the message: "Our journey is not complete until no citizen is forced to wait for hours to exercise the right to vote."

At his State of the Union Address in 2013, he again re-iterated the call for reform --- citing the story of 102-year old Desiline Victor, an African-American Florida woman who was forced to wait in line for hours on end to cast her vote in 2012 --- before announcing his creation, by Executive Order, of a bi-partisan Presidential Commission on Election Administration. It would be headed up by both his own top election attorney, Robert Bauer, as well as Mitt Romney's lead election attorney and long-time GOP operative, Benjamin Ginsberg.

After six months of hearings and conferences around the country, that commission has now released its unanimous recommendations [PDF] for improving access to the voting booth and for other much-needed improvements for electoral administration.

While coming to bi-partisan consensus with a report on such a contentious topic is no small achievement in and of itself in this extraordinarily divisive environment, the Commission highlighted one fairly obvious point which will almost certainly disappoint the most partisan Republicans, but also, perhaps less obviously, some Democrats...

Meanwhile, back in Virginia...here we go again...

Yes. As reported by the State Board of Elections website tonight, that's a 9-vote margin in the state Senate special election held on Tuesday to replace Democratic state Sen. Ralph Northam who is vacating his seat after being elected last November as VA's next Lt. Governor.

To put that another way, control of the entire VA state Senate now rests on 9 unverifiable touch-screen votes out of more than 20,000 cast.

The VA state Senate is currently evenly split between Democrats and Republicans, twenty seats each. The tie-breaking vote in the state Senate goes to the Lt. Governor. Until Northam is sworn in to his new job on Saturday, when he takes over from the current Republican Lt. Governor, the GOP controls both chambers of the state legislature. A Democratic Lt. Governor will, theoretically, for the first time since 1998, mean that control of the upper chamber goes back to Democrats. But that is only if both Northam's Senate seat and the one being vacated by Attorney General-elect Mark Herring both go to Democrats in the special elections...

A federal District court judge has nixed a rightwing "voter fraud" group's Motion to Intervene on behalf of the state of Texas in the U.S. Dept. of Justice's lawsuit to block the Lone Star state's polling place Photo ID restriction law.

Last month, The BRAD BLOG reported on the DoJ's Opposition motion filed in response to the motion by the Republican "voter fraud" fraudsters who call themselves "True the Vote" (TTV). In its motion, TTV sought to become a party to the DoJ's federal legal challenge to SB-14, the state's polling place Photo ID restriction law which TX Attorney General Greg Abbott (R) instituted just hours after the U.S. Supreme Court demolished one of the central protections of the long-standing federal Voting Rights Act this past summer.

Last week, U.S. District Court Judge Nelva Gonzales Ramos tersely dismissed TTV's motion, issuing a two-page order [PDF] finding that the organization's "interests are generalized and are adequately represented by the State Defendants."

"The Court finds that True the Vote's intended contribution to this case may be accomplished without the necessity of, or burden incident to, making it a party," Ramos said.

The Judge's ruling was in line with the DoJ's own response to TTV's motion. They had argued that the group had not established a right to intervene because their motion detailed little more than a generalized grievance and because its allegation "that illegal voting might be prevented by enforcement of SB 14 is, at best, speculative." Permissive intervention was inappropriate because, the DoJ argued at the time, since the group was adequately represented already by the State of Texas itself. Its participation in the case, the DoJ claimed, would be unduly burdensome in that the group seeks to divert the court's attention from the legal issues relating to polling place Photo ID restriction laws "to issues concerning True the Vote's numerous allegations of purported voter registration irregularities."

In our previous piece on the DoJ's response to True the Vote, we highlighted the group's extraordinary track record of deceptive voter suppression tactics and noted that it would be "absurd" that the hapless TTV should be ever be taken seriously by anybody, much less allowed to intervene in a critical federal lawsuit.

Although the court will still permit TTV to file amicus curiae (friend of the court) briefs, last week's ruling should serve to help expedite the proceedings without unnecessary diversionary tactics from this unreliable, deceptive Republican voter suppression front group.

Judge Ramos has set a September 2014 trial date in the case, which will come just two months before Abbott, defending the state as AG, will likely face his own election contest for Governor as the Texas Republican Party's currently-presumptive nominee. This past September, we detailed how the TX law at issue had already been found in violation of both federal law and the Constitution in previous cases that had come before the courts prior to the U.S. Supreme Court carving out the heart of the federal Voting Rights Act in late June of this year.

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our TENTH YEAR! --- as available from no other media outlet in the nation...