Guest blogged by DES

This week, Broward County, Florida, Elections Supervisor Brenda Snipes said, with a straight face, "No one could have anticipated that this election would be so historic and draw as much attention as it has," and defended her choice to oppose expanding early voting hours next week due to "logistical problems."

In addition to the problems in Florida, there are now reports that longtime GOP "voter fraud" hoaxster Pat Rogers (also known for his involvement in the U.S., Attorney Purge Scandal for the bogus "voter fraud" allegations he filed in 2004, and as a board member of the now-defunct and fully-debunked GOP astro-turf group, "American Center for Voting Rights," or ACVR), is apparently using private investigators to intimidate voters in New Mexico.

Details on those stories and many more --- pre-election litigation over polling place photo I.D. restrictions in Georgia and Ohio, absentee military ballots in Virginia, GOP efforts to close early voting polling places in Indiana, GOP calls for the Dept. of Justice to investigate ACORN just days before a federal election --- from across the country, all follow in the detailed round-up below...

Reported by Brad Friedman, from the road...

The whistleblower lawsuit against voting machine company Hart InterCivic, as filed in federal court on behalf of former employee William Singer, has been withdrawn following a decision by the Supreme Court that makes pursuing the case nearly impossible, according to the law firm who originally filed the complaint.

The suit had been sealed for nearly two years as the Dept. of Justice asked for extension after extension during their decision on whether or not to join the case. Earlier this year, they ultimately decided not to join the case, as we reported last March, leaving the firm of Levin Papantonio Thomas Mitchell Echsner & Proctor, P.A to proceed on their own. The DoJ declines to join some 76% of such cases.

In the interim, while waiting for the DoJ, the case of Rockwell Intl Corp. v. U.S. [PDF] came before the U.S. Supreme Court, and the findings in that decision, as attorney Mike Papantonio told The BRAD BLOG, has "made it next to impossible to proceed with any and all federal whistleblower (qui tam) cases."

The decision found that Rockwell was required to pay millions of dollars under the federal False Claims Act to the federal government, but that the relator of the case --- the insider who blew the whistle --- was not entitled to any of that money, nor even for the millions of dollars accrued in legal costs since the amended complaint, filed with the Justice Dept., included information about which the relator did not have direct inside knowledge.

The SCOTUS finding, as expressed for the majority by Justice Antonin Scalia, may well hamstring future whistleblower cases in federal courts, according to legal experts.

"I used to think qui tam was the way to go," Papantonio told me as his firm was weighing their decision on how to proceed after the case was finally unsealed, "but now I just don't know anymore."

Papantonio's Florida law firm has used the qui tam laws successfully in the past, and has taken on giants such as the Tobacco Industry. After he and his radio partner Robert F. Kennedy Jr. had learned about Singer's case from The BRAD BLOG --- we originally reported Singer's extraordinary saga back in early 2006 --- they decided to launch the federal fraud suit on his behalf later that year.

(I was interviewed about the withdrawal of the federal case by Mike Papantonio for this weekend's Ring of Fire radio program, which he co-hosts with Robert F. Kennedy, Jr.. A video version of the interview is also posted on their GoLeft.TV site. Both versions are now posted in full at the end of this article.)

Though the attorneys working on the case have gone out of their way to express their faith in both Singer and his remarkable complaint --- detailing more than 40 federal fraud allegations, and accusing Hart of doctoring voting machines, covering up system failures, including the loss and miscounting of votes, and other malfeasance, in order to attain contracts and payment under the Help America Vote Act (HAVA) of 2002 --- the chance that millions of dollars spent pursuing the case might be unrecoverable at the end of the process, even if successful, in light of the Rockwell decision, forced them to withdraw the complaint from federal court...

Sitting in this week for Robert F. Kennedy, Jr, David Bender joins Ring of Fire co-host/attorney Mike Papantonio to discuss, in the first five minutes of the show, the finally-unsealed qui tam fraud suit brought by Pap and RFK Jr's law firms against voting machine company Hart InterCivic, on behalf of former employee/computer technician turned whistleblower William Singer.

In the following clip, which will air this weekend on Air America's Ring of Fire program, both Bender and Pap offer exceedingly kind words for The BRAD BLOG and yours truly. (Thank you kindly, gents.)

We had originally broken Singer's remarkable story back in 2006. Our conversations shortly thereafter with Kennedy, and then with Papantonio's lawfirm, led to the filing of the suit, alleging a host of improprieties and criminally fraudulent behavior by the voting machine company as they dummied up voting machines during sales presentations, and concealed known failures, such as the possibilities of lost and miscounted votes, in their systems.

Pap also notes, during discussion of the case, that the nearly-two years it had to stay sealed by law --- while the DoJ ate up time in deciding whether or not to join the case --- is unusual in and of itself. Normally, in such qui tam cases, the DoJ is given just 60 days to decide whether or not to join with the whistleblower on behalf of the United States. Pap also goes on to note what may, or may not, be a coincidence: the US Attorney in CO, where the suit was filed, was removed shortly after this case was brought in his district, but before the decision was ultimately made by the DoJ not to join the suit...For now...

UPDATE: Here is an audio version of the first five minutes of the show, for those who had problems using the video player above...

"The most serious thing any software company can do is not fully test its products," William Singer told The BRAD BLOG this afternoon about the federal fraud case he filed nearly two years ago, which has finally been unsealed by a judge as of today.

"To release a product for important purposes that has not been tested at all is quite shocking, I would say. Especially since it indicates that nobody can predict what, when, or how it might fail," Singer explained about the e-voting systems made by Hart InterCivic, for which he worked as a technician several years ago. "It would make a mockery of any certification."

Despite having some direct involvement in the case from the beginning, The BRAD BLOG has been unable to report any details on it for going on two years --- we haven't even been able to offer the names of the plaintiff or defendant in the case --- since originally reporting that it had been filed in federal court, due to the fact that it was under seal, waiting for the U.S. Attorney General to decide whether the DoJ would join the suit or not.

Singer's suit is the fraud case which originally made waves when it was first filed two years ago, with the aid of Robert F. Kennedy, Jr., and Florida attorney Mike Papantonio, until it then went "underground" due to the legally mandated seal disallowing the plaintiff and his attorneys from offering any specific details to the public.

As AP reported today, the seal on that federal qui tam (fraud, false claims) complaint, brought on behalf of the United States by Singer against Hart, one of the big four American voting machines companies, has now been lifted, and the case may finally proceed as originally filed.

The BRAD BLOG has obtained the complete complaint and the judge's order lifting the seal...

• The full complaint may be downloaded here [PDF, 45 pages].
• The judge's order unsealing the case as of last night is here [PDF, 2 pages]

The second page of the complaint, which we are still plowing through, sets the initial grounding for the case...

Our friends Bobby Kennedy Jr. and GoLeft.tv interview another of our friends, Election Integrity hero Ion Sancho, the legendary Leon County, FL, Supervisor of Elections, on the election messes in New Hampshire, Florida, Los Angeles, and everywhere else. (And thanks for the kind hat-tip, guys...even though The BRAD BLOG never claimed there was fraud in NH. But we're happy to let that slide, since the interview was live, and you might have been talking about someone else. And we know you mean well.)

WARNING: Markos Moulitsas and the other front-pagers and gatekeeping denialists at Daily Kos should not watch the above interview! If Robert F. Kennedy Jr. has a user record over there, you should go ahead and ban him right now! Make sure he's never allowed to write at dKos! In this interview, he has the temerity to talk about concerns with the way the New Hampshire Primary Election was conducted! Can you believe it?! And he's even a Hillary Clinton supporter! Clearly, he, like The BRAD BLOG, is "doing far more harm than good," as you like to say, for the Election Integrity movement! What will the Democratic Party and the Mainstream Corporate Media say about your site if that "nutter" Robert F. Kennedy Jr. is allowed to post over there?! Quickly --- before he damages the credibility of your site --- you better go ahead and ban RFK Jr. in advance! As you know, better safe than sorry, boys!

Guest Blogged by Alan Breslauer

Robert F. Kennedy Jr., Mike Papantonio, and David Bender had a great discussion about RFK Jr.'s Live Earth speech on the July 14, 2007 Ring of Fire on Air America Radio. The show opened with a laughing Papantonio asking, "So Bobby, what in the hell did you do this last weekend, my God, hate-mail is flying, Hannity is attacking you, I mean what's up?" You can hear RFK Jr. reply that he "just told the truth, man, just told the truth" in the ten minute audio clip from the radio program (below). The video of the Live Earth speech can also be viewed here at BRAD BLOG.

And there is plenty more truth telling in the Ring of Fire audio clip (above) which includes RFK Jr. elaborating on his Live Earth comments about treasonous corporations:

RFK Jr.'s appearance on Glenn Beck, also at BRAD BLOG, is also discussed briefly. Finally, Bender repeats RFK Jr.'s call to fight lying pundits like Hannity and Beck through their advertisers (many of which can be seen in this video mashup).

Guest Blogged by Alan Breslauer

During the "Live Earth" concerts this past weekend, in one of the great speeches (both video and text transcript here) in recent American history, activist and radio host Robert F. Kennedy Jr. (his other sites here and here) called Glenn Beck and other right wing pundits "flat-earthers" and "corporate toadies" for continuously lying to the American people about global warming. Tonight, RFK, Jr. appeared on the "Face-Off" segment of Beck's CNN Headline News show and (in a heavily edited interview, see "UPDATE" at end of this story) continued to call out the host, stating at one point, "Your sentence should be that you should have to read the IPCC Report from cover to cover and I don't mean this with any particular disrespect, but I don't believe you have a long attention span."

The "IPCC Report" referenced by Kennedy is a report on global warming, recently issued by the Intergovernmental Panel on Climate Change, an international body which "assess[es] on a comprehensive, objective, open and transparent basis the scientific, technical and socio-economic information relevant to understanding the scientific basis of risk of human-induced climate change, its potential impacts and options for adaptation and mitigation," according to their website.

Beck then followed up with a clever retort about Kennedy's "even shorter attention span" because the longtime environmental advocate-turned-media critic had failed to define "fascist" for the host. Kennedy quickly replied:

After more Beck antics, RFK Jr. closed by prescribing that Beck "Go back to journalism school, number one" and "number two, that you read the IPCC Report with somebody standing over your shoulder to help you."

UPDATE FROM BRAD: I spoke with someone from RFK's office late yesterday, who said the interview with Beck was originally much longer, but that it was greatly edited by air time. Indeed, the version of the video posted by Alan above reveals a number of uneven cuts where, clearly, the interview had been edited. Big time.

Guest Blogged by Alan Breslauer

Robert F. Kennedy Jr. gave one of the great speeches in recent history at Live Earth where he spoke truth to power to our "rotten politicians" who are "nothing more than corporate toadies" for "villainous companies that consistently put their private financial interest ahead of American interest and ahead of the interest of all of humanity."

RFK jr. also offered a couple of ways to combat the corporations, politicians, "slick public relations firms and their phony think tanks" and "crooked scientists" including getting involved in the political process and boycotting the companies that advertise on programs where the corporate toadies consistently lie about global warming. Specifically, RJK Jr. suggests:

This mashup is produced entirely from the July 9th Hannity & Colmes and provides consumers with a list of corporations to avoid as well as evidences a number of typical Sean Hannity lies.

Guest Blogged by Alan Breslauer

Robert F. Kennedy Jr. at Live Earth yesterday spoke truth to power in this fantabulous speech (video above).

Kennedy challenged the notion that environmental advocacy was in contradiction to sound economic policy. He charged that "the oil industry and the coal industry and their indentured servants in the political process" making the claim were presenting "a false choice."

Among his exhortations was a call to action to respond to environmental disinformation by holding advertisers who support the disinfo operatives accountable.

"The next time you see John Stossel or Glenn Beck or Rush Limbaugh or Sean Hannity --- these flat-earthers, these corporate toadies, lying to you, lying to the American public, and telling you that global warming doesn't exist," Kennedy said, "you send an email to their advertisers and tell them that you are not going to buy their products anymore."

A transcript of RFK Jr.'s comments at Live Earth follow in full below...

Guest Blogged by Alan Breslauer

Part 1 (8:18)

Parts 2 and 3 follow below...

The Saturday before last I was interviewed on Air America's Ring of Fire with Robert F. Kennedy Jr. and Mike Papantonio concerning my call for the Election Reform Bill (HR811) by Rep. Rush Holt (D-NJ) to be amended to include a full ban on Direct Recording Electronic (DRE, usually touch-screen) voting systems.

The interview was pre-taped, and an edited-for-time version was aired. The complete, unedited version of that 15 minute interview, along with a text-transcript is now posted here.

This past Saturday, Ralph Neas, the president of People for the American Way (PFAW), one of the groups supporting the Holt Bill as is, and fighting against a ban on DRE voting systems, was interviewed on Ring of Fire. I had been critical of PFAW's unwaivering support of the bill during my interview the week before (as I have been in many articles here and elsewhere), so Bobby Kennedy asked Neas, a number of times, to answer directly to some of my criticisms.

The audio of that interview as well as a text-transcript, is also now posted here.

Now before I get to a huge number of concerns about the Neas interview and what I see as the dangerous PFAW position, and not to stack the deck (but I will anyway), Papantonio concluded his interview with me as follows, which I then promised to quote on the blog, so here it is...

I'll be on Bobby Kennedy Jr. and Mike Papantonio's Ring of Fire today (Saturday) on Air America. We did a pre-recorded interview earlier this week, discussing Rush Holt's Election Reform bill (HR 811) and the Democrats and their public-advocacy group supporters who have failed to ensure that the bill will ban dangerous, disenfranchising DRE/touch-screen voting systems. I believe it'll be a very good interview if the bulk of what we talked about makes the edit.

Tune in to the live stream at 5pm ET (2pm PT) or check your local listings for when RoF airs in your hood.

Otherwise, I'll try to capture it and update this item with an .MP3 afterwards.

UPDATE 3/11/07: I was able to listen to part of the pre-taped interview on RoF yesterday, and noted that they had to cut out some of the good stuff for time. I've requested a copy of the full un-edited interview from the producers, and have been told they'll likely be able to send it to me on Monday. I'll post that version of the interview here as soon as I get it from them.

Bobby will be on Your World w/ Cavuto on Fox "News" momentarily. We'll UPDATE this item with a video and/or transcript later today if we can catch it.

We'll hope it's less of a hatchet job than Cavuto delivered the last time he interviewed Kennedy, after Kennedy's first Rolling Stone story on these matters.

Have things changed? We'll see. But we wouldn't bet any money on it. Especially after Cavuto's shameful performance last time.

UPDATE: Good thing we didn't bet money. Cavuto actually let him get out a complete sentence or two without cutting him off! What in the world has gotten into Fox?

Kennedy discussed the Emergency Paper Ballot initiative proposed last week by House and Senate Dems (for which not a single Republican would sign on, reportedly amid threats to add disenfranchising Photo ID requirement laws as retaliation for the bill - more on all of that soon), the ease of hacking these systems by both parties, and some news: He said he'd now be interested in running for the U.S. Senate seat from NY should it open up! The seat was once his father's, and to our knowledge it's the first time he's publicly stated he'd be interested in running!

FURTHER UPDATE: Video now available below, with a huge hat-tip to the democracy-lovin' folks at Solar Bus!

-- Windows Media Player version...

In an Atlanta Progressive News article today, Matthew Cardinale advances the ball forward a few steps concerning Diebold's chicanery and undocumented and/or questionable software patches down in Georgia just prior to the 2002 election.

Georgia, along with Maryland, was one of the original Diebold "showcase" states where paperless touch-screen voting machines were originally, and disastrously installed by the now-outgoing Democratic Secretary of State (and Diebold apologist) Cathy Cox.

Cardinale's coverage --- which has a quote or two from us --- picks up from RFK Jr.'s recent Rolling Stone piece covering this matter (and many others) as discussed by former Diebold contractor Chris Hood and others.

Heard from Bobby an hour or so ago, that he's going to be on MSNBC's HARDBALL with Chris Matthews tonight at 5:10pm ET (2:10pm PT).

He'll be discussing his recent Rolling Stone piece on Diebold's duplicity in their voting systems, and our elections from 2002 on up to now. At least, that's what he's been told.

As well, we're hoping he'll put out the words calling on folks to demand that Congress pass legislation for Emergency Paper Ballots this November.

UPDATE 3:35pm PT: Full video now linked below! Kennedy spoke about how easy it now is to steal an election on an E-Voting Machine ("in just 60 seconds") as based on recent studies by Princeton, NYU's Brennan Center and the non-partisan GAO office.

He also discussed the new congressional Emergency Paper Ballot legislation, and even recommended your friendly neighborhood BRAD BLOG as a good source for information on all of the above.

Video links now below. Thanks to Bobby for the kind plug. Thanks to Chris Matthews for letting him get out a sentence or two in a row. (Thanks to HotPotatoMash for the video links!)

-- Video in Flash Format is now here...
-- Video QuickTime format is here...

UPDATE: A Complete text transcript of the interview now follows in full...