Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ..

The final day of testimony over the Pima County Democratic Party's public records request featured the remainder of the county's witnesses for the defense, a surprise call on an adverse witness, and pugnacious closing arguments. The matter now rests with Judge Michael Miller, who says he will decide the case within the next two weeks.

To get up to speed with details on what this trial is about, please see my introductory post. If you haven't been following along, you may want to take a look at my summaries of the first day, the second day, and the third day of trial.

In brief, the Pima County (Tucson) Democratic Party is demanding Pima County release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, arguing that they are public records. The GEMS software is highly insecure, allowing anyone with access to the computer it runs on to manipulate the outcome of elections at will and likely cover their tracks. Elections are thus highly succeptable to manipulation by elections insiders, and there is no way to detect or deter them without access to the databases for forensic analysis. Pima County's position is that we should trust them to take care of that risk through internal checks and balances, and that releasing the databases simply creates more security risks by outsiders seeking to hack an election.

The county's expert witnesses were Merle "the Man from Diebold" King, and Dr. John Moffatt, a consultant for Pima County's IT strategy. Summaries of and commentaries on their testimony is available on BlogForArizona.com, along with an detailed chronicle of the entire trial.

Both experts sought to convince the judge of the many security threats posed by release of the GEMS databases, and in my view, failed to sustain that position under the cross examination of the Democrats' attorney Bill Risner. Risner poked holes in all the threat scenarios the experts presented, showing them to be impracticable, absurd, or simply undefined.

Here's Risner's closing argument:

Click To Play

Blogged by Brad Friedman from the road...

We're too sickened by it to cover the details --- many of which we've covered Exclusively over the last two years --- so we'll refer you to our CoulterFraud Special Coverage page (please pass it on!) for all the disgusting details on dead-to-rights voter fraud felon Ann Coulter, who knowingly lied about her address on her voter registration form in Palm Beach County, Florida; proceeded to break the law again by knowingly voting at the wrong precinct; then lied about it repeatedly; hired a former Bush attorney to protect her ass; and even called in her FBI ex-boyfriend to save her bacon when it looked like the Palm Beach County Sheriff might actually have the balls to bring charges.

She even had her G-man former beau go as far as to name a BRAD BLOG Guest Blogger as a "stalker," despite a complete lack of any evidence for same, as justification for lying on her voter registration form. This is one sick person. But you likely already knew that.

Beyond that, we'll let the Palm Beach Post's Jose Lambiet --- who has done much of the heavy lifting on this story over the past two years --- do the 'splainin' on how the hate-monger/felon/Rule-of-Law-hater/coward/Republicanist Coulter may have succeeded in finally running out the clock on her two third-degree felonies and one first-degree misdemeanor...

She's as innocent as O.J. --- But with far fewer scruples.

Next time you hear Republicans ginning up unevidenced claims of massive "Democratic Voter Fraud," just point them right here: https://BradBlog.com/CoulterFraud and note that not one damn Republican in Florida, or the United States of America, did a damn thing about it.

Meanwhile, Mitt Romney supporters join their hero Coulter on the voter fraud bandwagon in Florida, while real heroes who aren't Republican, continue to actually be held accountable to the rule of law.

Guest Blogged by John Gideon of VotersUnite.org

The court case in Pima Co Arizona goes into its fourth, and what is supposed to be last, day today.

While the Secretary of State of Ohio, Jennifer Brunner, is asking Cuyahoga Co to look into changing over to optical-scan and paper ballots for future elections. It’s probably time for the county to tell Diebold/Premier to bring in a large garbage truck and pick-up the trash. Then file a lawsuit for misrepresenting their product as something that would work.

Those stories, and all the other notable voting news today, linked below...

Guest blogged by Jon Ponder of Pensito Review, with additional reporting by Brad Friedman

The Republican Party's effort to unilaterally award itself 20 or so of California's 55 Electoral College votes in next year's Presidential Election has failed to reach its fundraising goals for a second time, according to the LA Times today...

Dave Gilliard, the manager of the current campaign, expressed bewilderment over the fact that more GOP fatcats did not pour money into the campaign.

"I was surprised that more people that finance these types of efforts didn't step forward...We had strong supporters and good supporters but didn't come anywhere close to making the budget," Gilliard told the Los Angeles Times.

Gilliard's "surprise" is itself surprising. GOP big money donors know, just as certainly Gilliard must know, that ballot initiatives tend to fail if California voters suspect the proposition has a hidden agenda.

The stated intent of Gilliard's initiative was to make the California system "fair." In fact, the real purpose was to give about 40 percent of the state's Electoral College votes to the 2008 Republican Presidential nominee.

In September, the measure had been pronounced dead by the LA Times after the campaign's manager discovered that its sole donation had been laundered through a front group to disguise the donor's identity as a campaign chair and fundraiser for GOP presidential candidate Rudolph Giuliani. It was brought back to life in October after Congressman Darrell Issa (R-CA) kicked in $100,000 and the California Republican Party --- who would more recently cry that they were cash poor --- donated $150,000 towards the scheme.

In November, reports began to surface that the backers were using an initiative relating to kids with cancer as a cover to gather signatures in what appears to have been a fraudulent attempt to gain signatures for the measure. And The BRAD BLOG recently offered an exclusive interview with Anthony F. Andrade Jr., the man who originally proposed the scheme to split California's electoral votes. Andrade's comments about the initiative, and all manner of things --- including labeling homosexuals as "loony" and Bill and Hillary Clinton as "pricks" and "assholes" --- were colorful, to say the least.

But like Jason in a bad Friday the Thirteenth movie the measure may not be fully dead yet. The LA Times also reports today that proponents of the scheme "were holding out hope that the measure could appear on the November ballot with the presidential contest. But [Gilliard] said that was a dicey scenario: Even if it is on that ballot and wins voter approval, it might not affect the 2008 election."

A video report from CBS News over the weekend, showing apparent efforts by supporters to fraudulently receive signatures for the measure, follows below...

Guest blogged by Jon Ponder, Pensito Review.

In Bushworld, you can have it both ways.

Wednesday night, George Bush's spokesperson Dana Perino was forced to acknowledge in an email that Bush had been lying to the American people both about the status of Iran's nuclear capabilities and about when he was informed that Iran's nuclear program had been suspended.

Yesterday, however, when she asked if Bush was "candid" about what he knew and when he knew it, Perino answered, "Yes, he was." Then, as proof of his candor, she launched into this tortured peroration:

When challenged on the fact that her parsing did not square with what Bush actually said, Perino waved off the gap in credibility with this obviously scripted-in-advance bit of tripe:

The emphasis on "truthful" is hers. (And she will trot out the "he could have been more precise" nonsense twice more in the session.)

The White House press corps was refreshingly aggressive in putting Perino through her paces. As the session wore on, she sounded increasingly like her predecessor, Scott McClellan, in a skirt, deploying McClellan's usual tricks --- holding forth at length to answer a simple question and changing the subject whenever possible --- in order to avoid producing a sound bite. On the other hand, she couldn't entirely avoid that fact that Bush lied:

Meanwhile, in the real world, no one --- except increasingly desperate neo-cons and Bush-cult dead-enders --- believes Perino, Bush or Cheney on this matter. What little credibility Bush, and, by extension, the United States, had on Iran among our allies and other stakeholders in the Middle East has evaporated. And rightly so, why should any foreign government put stock in anything the Bush administration has to say now?

Our only hope is that no serious world crisis erupts until the United States changes leadership in 13 months, and, presumably --- hopefully --- a normal president and administration take charge at long last.

A transcript of part of the discussion at the White House press briefing about Bush's false statements on the Iranian intelligence follows:

Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ...

The trial is heading into overtime. What was to be the third and final day of the trial ended with the Democratic Party having rested their case at the afternoon break and the County just getting into their witness list. Judge Miller called to reconvene at 8:30 a.m. Friday morning with a determination to finish the trial.

To get up to speed with details on what this trial is about, please see my introductory post, and you may want to take a look at my summaries of the first day of trial and the second day of trial.

In brief, the Pima County (Tucson) Democratic Party is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, on the presumption that they should be public records. There is a belief that the databases, if obtained by the party, may show fraud or other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections easier, even though those same county officials and insiders have all the means and opportunity to manipulate elections.

Today, I have posted a full summary of the testimony of Pima County's head elections programmer Bryan Crane, started Wednesday and concluded Thursday. His testimony was expected to be very important, as it is the appearance of impropriety on his part that prompted the Democrats' inquiry and led to an investigation by Arizona's Attorney General and, ultimately, this lawsuit.

Crane didn't do the county any favors. He undermined his own credibility, developed a great fondness for the expression "I can't recall," and, upon questioning by Judge Miller, revealed that the security threats the County claims are posed by the release of the GEMS database following an election are illusory or highly implausible.

There was brief testimony from the former Chairman of the Pima County Democratic Party, Paul Eckerstrom, who explained the decisions that led to the formation of the Election Integrity Committee, whose findings and research led to this point.

Once the Democratic Party rested their case, the county moved for a judgment as a matter of law, which asks the judge to decide the case in their favor on just the plaintiff's testimony. It is largely a pro forma motion, but it provided an opportunity for counsels to frame the case thus far. Democrats' attorney Bill Risner took the opportunity to test a few of the themes that will likely figure in his closing arguments.

That footage of Risner making his case, is about 10 minutes long and is presented at the end of this post, hot off our press pool camera, in a BRAD BLOG exclusive. The judge took only a few minutes to decide that the plaintiffs had presented a sufficient case that the County must proceed with their side of the case.

The County put on their first witness, the elections director of Gila County, Arizona, another jurisdiction using an identical GEMS tabulation system. The choice backfired significantly. Her testimony revealed that she was completely ignorant of any security issues with the Diebold system her county uses, presumably because she relies on the Arizona Secretary of State and the Diebold corporation for security information. Her county contracts out their election preparation to a private company based in Glendale, Arizona, rather than do it in-house like in Pima County. The private company she contracts with just sends them back a prepared database, which the county then uses in their elections, never having checked the contents of the database.

Except for logic and accuracy testing (running a few sample ballots), the integrity of Gila County's elections rests entirely on the honesty of that private contractor.

The county then put on Merle King, the director of Georgia's Kennesaw College Center for Election Systems. The Democrats' legal team calls him 'The Man from Diebold.' He is a professional expert witness in voting systems who never saw a Diebold system he didn't love. The county made quite a production of eliciting the information that Mr. King had been paid the handsome sum of $10 to appear. I guess it was meant to illustrate how independent he is, but his expenses are being underwritten by someone: my money is on Diebold. His testimony and more will be available tomorrow.

In the meantime, enjoy the Democratic Party's champion Bill Risner presenting his motion for judgment, direct from the courtroom yesterday...

...Which now officially displaces our long-standing previous winner from late '05...

(Hat-tip Jeff Cohen)

Guest Blogged by John Gideon of VotersUnite.org

For election watchers there will be a special congressional election next week in northwest Ohio. There will also be another congressional election in Virginia at the same time. In the Virginia election voters are being given their choice between DRE or paper ballots.

Goshen New York held an election on a $70M school bond issue and brought out two lever machines to count the votes. As the counters on both machines hit 999, they each rolled back to 000 like an overused car odometer. The question that will never be answered is, for which side were those 1,998 votes cast?

Those stories, and the rest of today's notable voting news, all linked below...

Guest blogged by Jon Ponder, Pensito Review.

The White House has quietly admitted that George Bush lied to reporters at a news conference on Tuesday when he said he was not informed by intelligence officials that Iran's nuclear weapons program had been suspended in 2003.

On Tuesday, Bush denied he knew the program had been disbanded when he warned the American people in October that Iran's pursuit of nuclear weapons could unleash World War III. Now, as we reported last night at Pensito Review, Bush press flack Dana Perino confirmed off-camera to reporters that, in fact, Bush learned about the suspension of Iran's weapons program in August.

According to ABC News' Martha Raddatz...

Of course, Perino's latest version of who-knew-what-and-when may well be yet another lie. New Yorker reporter Seymour Hersh said earlier yesterday that Dick Cheney knew about the Iranian program's suspension as late as last November, and that he had "kept his foot on the neck of that report" until last week.

The White House has apparently been successful in burying the news that Bush lied at the news conference on Tuesday about when he was informed about the suspension of the Iranian program --- and that, by extension both Bush and Cheney have been lying to the American public for months about the threat Iran poses to world peace.

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was a day packed with testimony Wednesday in Tucson as the plaintiffs' attorney, Bill Risner, continued to crank through his witness list. The day ended with the last witness that will be called by the Democratic Party, Bryan Crane, whom Pima County Attorneys have repeatedly labeled "much maligned," just preparing for a rehabilitating friendly cross-examination by Pima County attorneys. Crane's testimony is pivotal to the case, and will be posted in its entirety tomorrow after cross and re-direct are complete.

To get up to speed with details on what this trial about, please see my introductory post, and if you missed yesterday's action, you may want to take a look at my summary of day one. In general, the Pima County (Tucson) Democratic Party, is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election on the presumption that it should be of public record. There is a belief that the databases, if obtained by the party, may show fraud and other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections more feasible, even though those same county officials and insiders, currently have the easiest route to tampering with such elections, since they already have all the access they need to such information.

The witnesses on Wednesday included a slate of employees from the Pima County elections department. The summaries of the testimony of Isabel Araiza, Robert Evans, Chester Crowley, Romi Romero, and Mary Martinson are posted together on BlogForArizona.

These employees' testimony was sought by the plaintiffs to try to establish a pattern of negligent oversight and security procedures at the elections department, including the actions of head programmer, Bryan Crane (deposition video footage of Crane at bottom of this article), taking backups of election data home and illegally printing summaries that included current vote totals in the midst of elections and then sharing that data with persons not part of the election department.

The prime witnesses of the day, however, were Brad Nelson, the director of the elections department, Crane, the "much maligned" head programmer, and the man with responsibility for the entire bureaucracy, Chuck Huckleberry, the County Administrator...

Blogged by Brad from the road...

Okay, we retract our hundreds of articles with evidence that Voter Fraud (as opposed to Election Fraud) is exceedingly rare. At least when it comes to Republicans and Florida.

The St. Petersburg Times is reporting that Mitt Romney supporters stuffed the "ballot box" (actually touch-screen DRE voting machines) by voting multiple times at last week's GOP straw poll in Tampa, FL, just prior to the Republican CNN/YouTube debate. Ironically enough, the video evidence, some of it posted at the end of this article, has been posted all over YouTube.

According to the Times...

Granted, these GOP straw polls are phony from the get-go. The candidates buy tickets and give them out to supporters to show up and vote for them. They're fund raisers for the local Republican parties. But, theoretically, it's supposed to be one vote per ticket per person.

But these are Republicans. And this is Florida. So such rules concerning voting don't much matter. (Isn't that right, Ann Coulter?)

Besides, what better way to fire up the troops than by encouraging them to vote multiple times just before the upcoming primaries?!

The Ron Paul supporters have put tons of videos up at YouTube on this. Here are a few of the best we came across after going through a bunch of them. You're welcome...

Guest Blogged by John Gideon of VotersUnite.org

HAVA mandated that all punch-card voting systems be replaced? Not at all. In fact a close reading of the law will prove that there are protections for punch-card and hand counted paper ballots. 12 counties in Idaho are still using their punch-card voting system. Seldom do you see Idaho as a source for any articles on this page and never have you seen an article on this page about a problem with voting in Idaho.

Many of you know our friend Bernie Ellis of “Gathering To Save Our Democracy” His is a story much too long for this space but I wanted to pass on some good news about Bernie to all of his friends. Yesterday Bernie learned that his probation had been cut in half and that he is now a totally free man. One of his first actions today was to re-register to vote....

Guest Blogged by Alan Breslauer

Will The 2008 Vote Be Fair? That was the topic addressed by host David Brancaccio and former Justice Department official David Becker on NOW last Friday. Part I (at left, 10:01) begins with a discussion of Photo ID laws to prevent the "invented problem" of voter fraud. The discussion continues at the 6:15 mark on the topics of voter caging and voter purging --- when the DoJ requires jurisdictions to purge their voter rolls when they do not match census estimates.

Part II (at right, 9:50) begins with Becker explaining how the Bush 43 Justice Department has subverted its traditional mission: "During about a five year span, not one single case was brought on behalf of African Americans in the Voting Section of the Civil Rights Division". Becker goes on to state that policies were established that favored Republicans and disfavored Democrats in an effort to "gam[e] the system" to retain power.

Next, Brancaccio and Becker explore how the U.S. Attorney scandal fits in to the bigger picture. Becker: "The DoJ, especially under Alberto Gonzales, was being used as an arm of the right wing of the Republican Party to effectuate partisan gains in elections". Finally, the program concludes with a discussion on voting machines and Florida's 13th District.

Guest blogged by Jon Ponder, Pensito Review.

Repercussions continue to shake out in the wake of the release this week of a National Intelligence Estimate (NIE) that says Iran abandoned its nuclear weapons program four years ago.

At a news conference yesterday, George Bush denied knowing that U.S. intelligence had learned the Iranian program had been suspended when he warned the American people last month that Iran was on the verge of launching World War III. He was not lying, Bush suggested, but rather his own incompetence and famous lack of curiosity led him to give the false warning. Bush said that when Director of National Intelligence (DNI) Mike McConnell told him in August that new information about the Iranian nuclear program had come to light, he simply did not bother to ask the DNI about the nature of the new developments.

If the muted response to this assertion, from reporters at the news conference, is a guide, journalists close to the White House appear to believe that while it may be unacceptable for Bush to lie to them, it is perfectly okay for him to issue false predictions about an impending apocalypse if the warnings are based entirely on his ineptitude as commander-in-chief and his personal lack of curiosity.

As if all of that isn't a sorry enough state of affairs, today we learn that Dick Cheney has known about --- and actively suppressed --- the intelligence community's finding for over a year. In particular, Cheney knew that Iran suspended its weapons program when he made this statement on Oct. 21, 2007, in an address to a Washington think tank...

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was an eventful day in the courtroom in Pima County yesterday, with opening statements and the first two plaintiff's witnesses' testimony. Already, the general shape of the controversy is becoming more clear and many of the media access issues have been favorably resolved. The Election Integrity press pool is providing video to local news and other interested parties on a non-exclusive basis and there is a ground-swell of support and interest in the trial and use of the resultant footage among journalists and documentarians.

Full summaries of the opening statements of the plaintiff's attorney Bill Risner and Pima County Deputy County Attorney Christopher Straub are available on BlogForArizona.com and they lay out the positions of the litigants.

See our initial backgrounder/intro to this trial, as posted yesterday, right here.

The position of the Democratic Party, argued in the courtroom yesterday, is that the statutory role of the political parties in Arizona, and in America historically, has been to oversee and participate deeply in our elections. The elections belong to the people, not the government. The database the party seeks access to on behalf of all political parties is the only computer record of the election that can provide the information needed to ensure that elections insiders cannot, and have not, manipulated the election. Absent a clear statement by the legislature, the parties should not be denied access to this crucial information to carry out their traditional role of ensuring the public's political rights. Certainly no tortured interpretation of outdated language regarding computer technology from a statute written in the 1980s should be allowed to deny the people access to their election data, only a clear and unambiguous expression from the legislature should be able to do that.

The position of Pima County, however, is that the database requested must remain confidential.

They argue that providing the database to the political parties would violate the standards promulgated by the Arizona Secretary of State because the files contain procedural information and code that is used to program elections machines, and could reveal information that might compromise future elections. The county agrees that the Diebold GEMS software used to tabulate votes has serious security flaws, but that is all the more reason to not allow the information in the database into the public domain...