Guest Blogged By Michael Richardson

Sometimes facts seem like fiction and sometimes fiction seems like fact. San Francisco voting machines have now provided both fodder for a new detective novel and a novel new lawsuit.

San Francisco City Attorney Dennis Herrera is the author of the lawsuit filed in San Francisco Superior Court against Election Systems & Software (ES&S) alleging fraud and breach of contract. Herrera charges that ES&S intentionally sold uncertified machines to the city and is seeking to recover $300,000 in damages.

The city lawsuit closely follows another lawsuit against ES&S earlier in the week by Secretary of State Debra Bowen. The state lawsuit seeks nearly $15 million in damages for the sale of uncertified machines in a number of counties.

Mark Coggins is the author of RUNOFF, the fourth novel in a series, about gritty private detective and professional smartass, August Riordan, who is hired to solve a rigged city election. In a special author's note, Coggins explains the characters are "complete figments of my imagination." Coggins also notes that the scenario in the book could not occur in San Francisco because of a law change in 2003.

"Residents of San Francisco will know--and perhaps now appreciate that the city does not use touch screen voting machines. They should also be aware that San Francisco is one of the few American cities to adopt ranked choice voting, which eliminates the need for runoffs. This was done after the 2003 mayoral election, but in my fictional version of the city runoffs are still possible, and, as it happens, very useful to the plot."

Riordan gets hired by the "Dragon Lady" of Chinatown to crack the case of the rigged voting machine. Before the detective is done investigating, the plot twists and turns leaving dead bodies all over the place. The first murder is nobody less than the city election director himself, killed in his basement elections division office at City Hall.

Seeking out technical assistance, the sleuth visits Professor Ballou at Stanford University, an echo of real life Stanford computer science professor, e-voting activist and expert, VerifiedVoting.org founder David Dill, who is thanked by the author in the book's acknowledgements.

Ballou gives Riordan the short course on voting machine security. "A touch-screen voting machine is just a computer --- a specialized kind of computer, but a computer nonetheless. Erroneous outcomes could happen for a variety of reasons, including software and hardware errors, procedural errors, security holes or hacks installed into the voting machines."

The modern day fictional noir detective, straight out the proud and gritty Sam Spade tradition, probes the fictional professor more about vote machine rigging, as the fiction ends and the facts begin. Riordan asks Ballou about ways to hack a voting machine.

"I'm afraid there are many, many different ways, but I'll try to focus on a few of the most likely. First, starting at the polling place, when the memory is removed from the computer, a corrupt pollworker could alter the results for the precinct before turning them in. It's much easier than ballot box stuffing because you only need to change one number and there is no need to steal or forge ballots."

But there is more, as the Professor's ominous instruction to Riordan is at least as terrifying in reality as it is under the guise of fiction...

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.

May he never again be able to go out in public again without being brought face to face with his eternal shame...

The University of Florida's student paper has details. ThinkProgress has more details. RAW STORY has a previous similar incident for poor poor Gonzo.

He was paid $40,000, out of student tuition, to speak at the University of Florida, where a student was recently tasered after asking John Kerry uncomfortable questions. Nobody was tasered during Gonzales speech.

Video of the incident follows. NOTE: Though not seen in the following video, another protester, dressed in army fatigues and holding a sign which read "HABEUS CORPUS", also took the stage in front of Gonzales, as he again averted his gaze, before being similarly escorted away. Kudos to both of the two courageous patriots, as well as those who protested from the audience...

Guest blogged by Jon Ponder, Pensito Review.

Yesterday we reported that in an excerpt from his upcoming book on his years as Bush's press spokesman, Scott McClellan wrote that, in 2003, when he exonerated Scooter Libby and Karl Rove of any involvement in the leak of the secret identity of CIA agent Valerie Plame Wilson, he had unknowingly lied. "And five of the highest ranking officials in the administration were involved in my doing so: Rove, Libby, the vice president, the President's chief of staff, and the president himself."

Today, predictably, McClellan's publisher is trying neuturalize McClellan's claim that Bush was in on the conspiracy to deceive:

Right. Except that is precisely what he wrote in the excerpt. Here's how Osnos squares the circle:

"[Bush] told him something that wasn't true," Osnos told Bloomberg News, "but the president didn't know it wasn't true," And: "The president told him what he thought to be the case."

Brad Friedman from St. Louis, MO...

Apparently Texas oil tycoon, T. Boone Pickens, who funded the so-called "Swift Boat Veterans for Truth" propaganda campaign against John Kerry in 2004 to the tune of $3 million, seems, like the group themselves, to have trouble with the definition of the word "truth".

Earlier this month, at a DC dinner celebrating the 40th Anniversary of the Rightwing publication American Spectator, Pickens made a very public challenge (not a bet), offering, as the Republicanist blog, American Thinker reported, "a million dollars to anyone who could prove wrong anything the Swiftboat Veterans charged about Kerry."

The similarly Rightwing blog RedState echoed that the challenge was made to anybody who "can prove anything the Swift Boat Veterans for Truth said in 2004 was false."

But it looks like Pickens was lying, as he is now trying to renege on the challenge since Kerry himself decided to take him up on it late last week, writing in a letter to Pickens (posted in full at the end of this article): "While I am prepared to show they lied on allegation after allegation, you have generously offered to pay one million dollars for just one thing that can be proven false. I am prepared to prove the lie beyond any reasonable doubt."

Kerry said that the $1 million should then be given to the Paralyzed Veterans of America, concluding his letter with: "I trust that you are a man of your word, having made a very public challenge at a major Washington dinner, and look forward to taking you up on this challenge."

Pickens, however --- wait for it --- has proven to be less than a man of his word. Who'd have thunk it? Rather than accept Kerry's offer to meet the challenge, he's moved the goal posts and Fox "News" Network stooge, Sean Hannity --- no man of honor either --- is entirely scummy enough to aide and abet Pickens in welching out of the challenge...

Blogged by Brad from St. Louis, MO...

"San Francisco's experience with ES&S raises extremely troubling questions, not simply about the integrity of this company's technology, but about the integrity of this company itself," San Francisco's City Attorney Dennis Herrera said today in announcing his new lawsuit against Elections Systems & Software, Inc. (ES&S).

"There can be no more important duty in a representative democracy than to conduct elections, and it is a travesty to see that duty so flagrantly undermined by the fraudulent conduct of an election systems vendor," he added.

Well, no kidding! To quote from It's a Wonderful Life, "'Bout time one of you lunkheads said it!"

The suit filed today against ES&S, the "world's largest", comes on the heels of yesterday's announcement that California Secretary of State Debra Bowen was filing her own suit, to the tune of some $15 million, against the company for their illegal and undeclared use of uncertified touch-screen voting systems in several counties across the state, as well as their having lied about it to the state.

The Fog City Journal's coverage of the SF lawsuit begins this way...

We've been calling for some time for states and counties to hold the voting machine companies accountable for their horrendous, out and out fraudulent business practices. Looks like the floodgates may finally be starting to open.

So who's next? Make no mistake, there will be more. Perhaps many. Stay tuned...

Brad Friedman, from St. Louis, MO...

If you've followed our recent blockbusters about FBI translator-turned-whistleblower, Sibel Edmonds (the latest, in which legendary 1970's whistleblower Daniel Ellsberg describes her case as "far more explosive than the Pentagon Papers," is here), but remain unclear on the heart of what she has to expose --- if she's ever able to expose it --- our friend Lukery at Let Sibel Edmonds Speak, offers a good summation today, as culled from his near-encyclopedic knowledge of the case. If you're unclear on things, and it's easy to be, given the scope of her allegations, please read his piece today.

You may also wish to see our handy bullet-point version of the breadth of cover-ups that she is ready to risk prison in order to disclose in full by defying her absurd five-year long "gag order" by the DoJ.

Lukery points us to Philip Giraldi's column on Edmonds from the American Conservative (yes, the American Conservative), which Edmonds has described as "the most accurate summary of my case". According to Giraldi...

The Giraldi piece is short and to the point, and described by Edmonds as "100% right", so we recommend you give it a quick read.

As Luke further explains in his helpful summation:

He also offers a few contacts for some of the media outlets we mentioned in our exclusive yesterday, as having so far failed to take up Edmonds' couragous offer to hand them one helluva blockbuster interview. We're happy to repost those contacts here for you, as without noise from the public (that would be you!), the American corporate media will continue to avoid the issue like the plague, and the bad guys will simply keep smiling from the shadows...

CBS...
EMAIL: 60m@cbsnews.com
PHONE: (212) 975-3247

ABC...
Email contacts

MSNBC & NBC...
Email contacts

Guest Blogged by Dori Smith of Talk Nation Radio

Failures in optical-scan voting systems made by Diebold Inc., as recently revealed in the state of Florida, might have occurred elsewhere across the country. In fact, any state where Diebold's optical-scan voting machines are in use might be having the problem, and they may not have been made aware of it --- either by the company, or the U.S. Elections Assistance Commission (EAC) which is mandated by law to be a "clearinghouse" for such information.

A faulty connector-pin on Florida's Diebold optical-scan systems --- affecting some 4.5% of the state's machines, and as many as "one in 10 during the November 2006 election" in some Florida counties, according to a recent investigative report by the Daytona Beach News-Journal --- has been identified by the company as a "J40 connector".

It now appears that Connecticut's voting machines, made by the same company, are being affected by the same problem.

"This is Connecticut, not Volusia County," President of LHS Associates, Connecticut's vendor for Diebold AccuVote OS machines, told me during a recent, bizarre late-night phone call. I felt pretty certain he was right, though his call came in to my home at 1:30 in the morning, so I was still a bit groggy.

LHS's John Silvestro had picked a strange time to return my call from a week earlier. We'd been following LHS's role in addressing memory card failures during Connecticut elections since 2006 on Talk Nation Radio, and I wanted to know how many memory cards LHS had to replace before, during, and after the 2007 election.

At that hour, I declined his offer to "do the interview anyway," though we did touch on the basics of my inquiry. Did Registrars contact LHS to request replacements for "blown" memory cards as pre-election tests were being run? If so, a study currently underway at the University of Connecticut might not have been given the correct data to determine the true number of failing cards.

Silvestro asked me, "What would you say if I said Connecticut's failure rate was less than one percent?"

Perplexed, I told him I would say "OK" and we agreed to discuss the matter at a later time when he might have access to his records, as he had said he didn't have numbers in front of him at that late hour.

He wouldn't be the first LHS official to exhibit bizarre behavior. After jarringly inappropriate comments left at The BRAD BLOG several months ago, one such official was told he was no longer welcome to work in the state of Connecticut.

Guest blogged by Jon Ponder, Pensito Review.

The title of former Bush flak Scott McClellan's new book, "What Happened" brings to mind the title of O.J. Simpson's recent allegedly fictional memoir, "If I Did It."

Perhaps it's because both books seek to exonerate their authors from much deserved guilty verdicts --- both in the court of public opinion and in courts of law, certainly in O.J.'s case, and maybe even for Scotty too.

Here's an excerpt from Scotty's book:

And this was not just run of the mill political spin. Rove, Libby, Ari Fleischer and others, including Colin Powell's righthand man Richard Armitage, leaked the secret identity of a CIA agent whose specialty was tracking WMD. And they did it at the behest of the vice president who eagerly jeopardized state secrets for the tawdriest of purposes: to do political damage to the agent's husband, Joe Wilson, because he had dared to expose a lie told by the president in his 2003 State of the Union speech about Iraq seeking uranium from Niger.

The CIA, of course, can't reveal how many illegal weapons were successfully transported into the Middle East or how many foreigners acting as U.S. agents were permanently sidelined --- or captured or killed --- as a result the treasonous act of outing Agent Plame by George Bush, Dick Cheney and their henchmen.

Only Armitage has expressed regret about the leak.

Scott McClellan shredded his credibility for Bush, Cheney and the rest. Surely he can't expect anyone to believe he is telling the truth now when he claims he was misled by these same people. He is either the most gullible person to walk the planet, or he thinks the rest of us are fools.

Cross-posted at Pensito Review.

Guest blogged by Jon Ponder, Pensito Review.

After Blackwater guards opened fire and killed 17 Iraqis in the Nisoor Square section of Baghdad on Sept. 17, in true Bushie fashion, the State Dept. unilaterally conferred limited immunity on the Blackwater personnel who were on the scene --- including apparently the guards who opened fire --- in exchange for their statements detailing the events.

According to an ABC report, of the 17 Blackwater guards at the scene of the incident, only five fired their weapons. And an investigation by the FBI reportedly has turned up evidence that only three of the 17 people shot had been involved in attacking the Blackwater detail.

Now comes word that a federal grand jury has been impaneled to investigate the shootings:

The limited immunity given to the Blackwater personnel presents another question: Would it prevent justice from being served if the grand jury finds evidence that the killing of the 14 apparently innocent Iraqis was unprovoked?

Guest blogged by Jon Ponder, Pensito Review.

In the latest CNN/WMUR poll of likely voters in the New Hampshire primary, Fred Thompson has dropped to sixth place behind both Ron Paul and Mike Huckabee.

Thompson has lagged behind the frontrunners since he entered the race in September. But in this latest poll, his support in New Hampshire dropped from 13 percent in the September poll to 4 percent now.

Ron Paul has doubled his support from 4 percent to 8 percent since September. Mike Huckabee has 5 percent.

Mitt Romney, who was governor of next-door Massachusetts, is in the lead with 33 percent, up from 25 percent in September. John McCain's 18 percent support is unchanged. Rudolph Giuliani is in third place with 16 percent --- an eight percentage point drop since September.

Blogged by Brad (quickly) from the road...

California Sec. of State Debra Bowen has announced a $15 million lawsuit against voting machine company ES&S for their use of uncertified AutoMARK voting systems in the state.

The BRAD BLOG initially reported on the likelihood of such a suit, in some detail, after Bowen's initial announcement of ES&S's violations of state law last August.

"ES&S ignored the law over and over and over again, and it got caught," said Bowen in a press release just issued this evening. "California law is very clear on this issue. I am not going to stand on the sidelines and watch a voting system vendor come into this state, ignore the laws, and make millions of dollars from California's taxpayers in the process."

According to the release, ES&S seems to have simply lied about their use of the uncertified voting systems in the state of California. "The Secretary of State's office held a public hearing on the matter on October 15, 2007. At that hearing, ES&S asserted the Secretary of State was notified about changes to the AutoMARK. However, ES&S provided no evidence before, during, or after the hearing to substantiate its claim."

Such deceptive practices are not uncommon for ES&S, as well as the other major e-voting machine companies. Diebold's touch-screen voting systems were decertified in the state in 2004, after it had been found that they had similarly deployed uncertified hardware and sofware, in violation of state law, in a number of counties in the state.

The complete press release from CA Sec. of State Debra Bowen's office follows below...

Guest blogged by Jon Ponder, Pensito Review.

A.B. "Buzzy" Krongrad, the brother of State Dept. Inspector General Howard Krongrad who is under investigation for lying to Congress, resigned from his seat on an advisory board for Blackwater on Friday:

On Friday, Henry Waxman, chairman of the House Committee on Oversight and Government Reform, announced that is committee will look into Howard Krongard's testimony last week in which denied that Buzzy had a relationship with Blackwater, only to recant that testimony when confronted with the facts. After the hearings, Buzzy Krongrad told reporters and then committee staff that, contrary to Howard's testimony, Buzzy had recently informed him that he was joining the Blackwater advisory board.

Both Krongard brothers --- who are said not to get along --- are expected to be called to testify in hearings that will examine the perjury claim against Howard Krongard.

Blogged by Brad from St. Louis, MO...

In light of our story this morning on the Mainstream Corporate Media's failure to air the charges of an extraordinarily credible FBI whistleblower, whose charges are described by the legendary Vietnam-era whistleblower Daniel Ellsberg as "far more explosive than the Pentagaon Papers", the following, we suppose, should come as little surprise. Yet, in reviewing the points below, the mind still reels...

Rest of story...

(Hat-tip to NYU's journalism professor, Mark Crispin Miller)

-- Brad Friedman, The BRAD BLOG

"I'd say what she has is far more explosive than the Pentagon Papers," Daniel Ellsberg told us in regard to former FBI translator turned whistleblower Sibel Edmonds.

"From what I understand, from what she has to tell, it has a major difference from the Pentagon Papers in that it deals directly with criminal activity and may involve impeachable offenses," Ellsberg explained. "And I don't necessarily mean the President or the Vice-President, though I wouldn't be surprised if the information reached up that high. But other members of the Executive Branch may be impeached as well. And she says similar about Congress."

The BRAD BLOG spoke recently with the legendary 1970's-era whistleblower in the wake of our recent exclusive, detailing Edmonds' announcement that she was prepared to risk prosecution to expose the entirety of the still-classified information that the Bush Administration has "gagged" her from revealing for the past five years under claims of the arcane "State Secrets Privilege."

Ellsberg, the former defense analyst and one-time State Department official, knows well the plight of whistleblowers. He himself was prepared to spend his life in prison for the exposure of some 7,000 pages of classified Department of Defense documents concerning Executive Branch manipulation of facts and outright lies leading the country into an extended war in Vietnam.

Ellsberg seemed hardly surprised that today's American mainstream broadcast media has so far failed to take Edmonds up on her offer, despite the blockbuster nature of her allegations.

As Edmonds has also noted, Ellsberg pointed to the New York Times, who "sat on the NSA spying story for over a year" when they "could have put it out before the 2004 election, which might have changed the outcome."

"There will be phone calls going out to the media saying 'don't even think of touching it, you will be prosecuted for violating national security,'" he told us.

"I have been receiving calls from the mainstream media all day," Edmonds recounted the day after we ran the story announcing that she was prepared to violate her gag-order to disclose all of the national security-related criminal allegations she has been kept from disclosing for the past five years.

"The media called from Japan and France and Belgium and Germany and Canada and from all over the world," she told The BRAD BLOG.

"But not from here?" we asked incredulously.

"I'm getting contact from all over the world, but not from here. Isn't that disgusting?" she shot back.