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By Brad Friedman on 7/4/2008 6:05am PT  

Blogged by Brad from somewhere on Washington State's Olympic Peninsula...

Perhaps next year, for the first time in five years, we won't feel that we must post the following document on the Fourth of July. Perhaps.

But once again this year, it seems necessary to remind readers that this country's founders once described King George thusly: "A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."

With a right to be free from tyranny and for a system of self-governance that derives its power from the consent of the governed, the founders declared: "Whenever any Form of Government becomes destructive to these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its power in such form, as to them shall seem most likely to effect their Safety and Happiness."

"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes," they wrote. "And accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

We concur.

And thus, we recommend, once again this year, that you read the following document in full if you have not done so recently. We also challenge you to not notice the extraordinary irony. In the bargain, we wish you the best and most free holiday you are able to enjoy this year...

--- Click here for REST OF STORY!... ---

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By Jon Ponder on 7/4/2008 6:02am PT  

Guest blogged by Jon Ponder, Pensito Review.

CNN:

Former U.S. Sen. Jesse Helms, a North Carolina Republican who became an icon to conservatives, died Friday at the age of 86, a senior congressional source said.

The Heritage Foundation, a conservative think tank, announced on its website that he died at 1:18 a.m. Friday after having been ill in recent years.

Helms retired in 2002 at the end of his fifth term in the Senate.

When the Republicans were the majority party in the Senate, Helms was chairman of the powerful Foreign Relations Committee, where he consistently moved U.S. policy toward the right, especially regarding the United Nations and Cuba.

He also held seats on the Agriculture Committee, where he looked out for North Carolina's extensive tobacco industry, and on the Senate Rules and Administration Committee...

Helms had an operation in 2002, at age 80, to replace a faulty prosthetic heart valve put in place in 1992, when he also had quadruple-bypass surgery.

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By John Gideon on 7/3/2008 4:21pm PT  

Guest Blogged by John Gideon of VotersUnite.org

VotersUnite wants to wish every one a safe and sane holiday. Take a little time and read our Declaration of Independence. It is awe inspiring.

In today’s featured article one Palm Beach Co Florida commissioner wants to see about contracting with Sequoia to provide review and assistance in the voting-counting process. Is this where we are at now? Sequoia added some security software to the system and the county workers were not trained on that software change so they failed to count 700 votes. Now the county wants to pay Sequoia to have a more active part in counting votes. Rather than fixing the problems and hiring people who understand the system counties appear ready to out-source our elections. The problem is with the vendors. When we get them out of the process we will be much better off. And, the county plans on disabling the security feature that was installed. Amazing....

--- Click here for REST OF STORY!... ---

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By Dan Wallach on 7/3/2008 11:24am PT  

Guest Blogged by Dan Wallach of Rice University...

Ed Note: We recently ran an article covering vote-rigging software whistleblower Clint Curtis' testimony last week during a hearing before the Texas Legislature's House Committee on Elections. Curtis detailed for legislators how easy it is to flip an election electronically, without detection. Here is another perspective from that same hearing…

Last week, I testified before the Texas House Committee on Elections (you can read my testimony). I’ve done this many times before, but I figured this time would be different. This time, I was armed with the research from the California “Top to Bottom” reports and the Ohio EVEREST reports. I was part of the Hart InterCivic source code team for California’s analysis. I knew the problems. I was prepared to discuss them at length.

Wow, was I disappointed. Here’s a quote from Peter Lichtenheld, speaking on behalf of Hart InterCivic:

Security reviews of the Hart system as tested in California, Colorado, and Ohio were conducted by people who were given unfettered access to code, equipment, tools and time and they had no threat model. While this may provide some information about system architecture in a way that casts light on questions of security, it should not be mistaken for a realistic approximation of what happens in an election environment. In a realistic election environment, the technology is enhanced by elections professionals and procedures, and those professionals safeguard equipment and passwords, and physical barriers are there to inhibit tampering. Additionally, jurisdiction ballot count, audit, and reconciliation processes safeguard against voter fraud.

You can find the whole hearing online (via RealAudio streaming), where you will hear the Diebold/Premier representative, as well as David Beirne, the director of their trade organization, saying essentially the same thing. Since this seems to be the voting system vendors’ party line, let’s spend some time analyzing it.

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By Rady Ananda on 7/3/2008 8:06am PT  

Guest Blogged by Rady Ananda...

"The voting industry sells crap, and that is the problem."
-Douglas A. Kellner, Co-Chair New York State Board of Elections

I received a cache of documents surrounding NY's electoral system. Some of this material indicates justified resistance to computerized systems that fail to perform as intended, despite being certified. Some exposes deliberate info-suppression, preventing election officials from acting in the best interest of the public. One NY attorney extensively researched NY's election law history, showing the wisdom and security of prior law. A University of Virginia professor researched lever voting machines and provides a dire warning about new technology with its paper-based audit trail. This lengthy piece synthesizes the material for those interested in New York's battle to retain election integrity or to implement wholly condemned systems that have failed across the nation.

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This Will Make Your Head Spin...
By Jon Ponder on 7/3/2008 6:05am PT  

Guest blogged by Jon Ponder, Pensito Review.

Last week we noted that John McCain had managed to complete a full 180-degree reversal on his position on offshore drilling in a mere 18-day period. Now he's topped that record by reversing a stated position within a single news cycle. Traveling in Colombia, he told reporters that he wouldn't criticize Obama while he was overseas, but on the plane a few hours earlier he had criticized Obama while speaking to these same reporters for, what else, changing his position on trade:

"I believe that partisanship ends at the water’s edge," McCain said emphatically, when asked about Obama at a press conference at the Colombian Presidential retreat here.

But on the inaugural flight of the Straight Talk Express --- airborne edition -– McCain felt freer to let loose.

On the plane, he blasted Obama’s opposition to the proposed Colombia free trade deal.

"He’s a protectionist and anti-free trade," McCain said. "Now he has switched, I mean remarkably, from saying that he would unilaterally renegotiate the North American Free Trade Agreement in the strongest possible terms in Ohio – he went to North Carolina and said well, I’m for free trade.

"It wouldn’t surprise me to see him switch on this one," McCain said.

For his next trick, McCain will reverse himself before he even speaks.

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By John Gideon on 7/2/2008 4:45pm PT  

Guest Blogged by John Gideon of VotersUnite.org

In our featured article today, Pima Co Arizona officials have told the Secretary of State that they don’t think much of her opinion on how the county should ensure the security of elections. One member of the county Board of Supervisors said, “"I am a little fed up with the secretary of state acting as a barrier and leaving us to take the blame”....

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By Brad Friedman on 7/2/2008 11:34am PT  

Just when you think they couldn't be more deceptive and/or dishonest, Fox "News" continues to find impressive new ways to lower the bar.

Here's just a bit of the latest idiocy --- the photos used during their attack story on New York Times reporters, along with the original photos which they doctored --- from the "news" outlet which is apparently now being run by 13-year olds with Photoshop...

Media Matters has the full, shameful story...

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A Concrete Example of Why the Voting System Test Standards are All Form and No Substance...
By John Washburn on 7/2/2008 7:03am PT  

Guest blogged by John Washburn

I have been a long time critic of the federal 2002 Voting System Standards (2002 VSS) and of the 2005 Voluntary Voting System Guidelines (2005 VVSG). In fact, both sets of standards are virtually worthless. There are two reasons for this. First, the requirements enumerated in the standards are, in and of themselves, much too weak for something as vital as administering an election. Second, both sets of standards have an explicit loophole that allows almost all the requirements — weak as they are — to be ignored. This second objection was first brought to my attention two years ago by Howard Stanislevic.

We now have proof that this loophole is used by the labs in order to “pass” systems that don’t meet the standards. The proof is laid out clearly in the most recent certification test report submitted to the Election Assistance Commission (EAC) by SysTest labs (one of the labs accredited by the EAC and the National Institute of Standards and Technology - NIST). SysTest recommended certification for the new voting system by Premier Election Solutions (formerly Diebold) even though the lab's findings listed 79 specific failures to meet the standards.

As you read this article, keep in mind that the standards actually allow 77 of these 79 failures to be ignored!...

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By John Gideon on 7/1/2008 4:18pm PT  

Guest Blogged by John Gideon of VotersUnite.org

New Yorkers should be concerned about the quality of their voting systems. In today’s featured article Rady Ananda quotes the Co-Chair of the New York State Board of Elections (SBOE), Doug Kellner, who has said, “The voting industry sells crap, and that is the problem”. Ananda goes on to relate problems discovered with voting machines once they get to the counties, after SBOE testing. One county has complained that their Sequoia Ballot Marking Device (BMD)[voting machines for voters with disabilities that mark a ballot but do not tabulate the results] printers jam. It seems that Sequoia knows all about this defect but has neglected to mention it to the counties. Ananda goes on to compare the “crap” with the lever voting machines the state’s voters have used for decades. ...

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By Jon Ponder on 7/1/2008 2:17pm PT  

Guest blogged by Jon Ponder, Pensito Review.

Of all John McCain's reversals of longheld positions --- his 180s on taxes, offshore drilling, intolerant Christians and even torture, to name just a few --- nothing is sadder or more disgraceful than his flipflop on Swiftboating, a practice he decried when it was used in 2004 to attack at the Democratic presidential nominee, his former friend and fellow Vietnam veteran, Sen. John Kerry.

McCain's sudden embrace of Swiftboating --- which today is synonymous with a concerted effort to lie about an opponent's history --- is all the more deplorable because he has hired retired Col. George "Bud" Day, a proud member of the group that Swiftboated Kerry --- and someone McCain once described as having "tunnel vision" --- to lead what McCain is calling his "Truth Squad."

At Huffington Post, Sam Stein reports that "[during] the 2004 campaign, [Day] said of Kerry: 'My view is he basically will go down in history sometime as the Benedict Arnold of 1971.' And after appearing in a national advertisement for the Swift Boat Veterans for Truth campaign, Day formed the Vietnam Veterans Legacy Foundation, an extension of the Swift Boat effort."

During a McCain campaign conference call with reporters this week, Bud Day was asked how his work for McCain will be different from his efforts to Swiftboat Kerry four years ago.

"The Swift Boat attacks were simply a revelation of the truth," Day told reporters. "The similarity does not exist here. What the Swift Boat campaign was about was to lay out John Kerry's record. John Kerry has never produced any evidence to deny that. We are producing the evidence of these attacks right now to show that those remarks were completely inaccurate.

"One was about laying out the truth," Day said. "This one is about attempting to cast a new shadow on John McCain."

Just four years ago, John McCain had a very different view of Day's attacks on Kerry. According to Media Matters:

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Dem Leadership Tout Law's New 'Exclusivity' Provision, But None of Three Dems I Tried to Contact Can Adequately Explain Why They're Not Being Fooled Again...
By Steve Heller on 7/1/2008 11:54am PT  

Guest Blogged by Stephen Heller of VelvetRevolution.us

House Majority Leader Rep. Steny Hoyer, (D-MD), one of the new FISA bill's strongest champions, spoke about the bill's new "exclusivity provision" on the floor of the House on March 14, 2008. He proclaimed that "It clarifies that FISA is the exclusive means of conducting surveillance in the United States for foreign intelligence purposes."

On June 20, Hoyer optimistically echoed his previous comment: "This legislation makes clear that FISA is the exclusive means by which the government may conduct surveillance."

Sen. Dianne Feinstein, (D-CA), in an email sent to some constituents, including myself, wrote that the new FISA bill: "Includes provisions I authored that make clear that FISA is the exclusive (or only) authority for conducting surveillance inside the United States...FISA would be the only legal authority for conducting surveillance on Americans for intelligence purposes..."

But the old FISA bill, which was the law when Bush began to spy on us without warrants, also had an "exclusivity" provision that stated:

[P]rocedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted.

Since the "President" ignored the old FISA law, despite its existing exclusivity provision, what makes Hoyer or Feinstein or any of the other Dems think he'll bother to obey the new version of the law?

The existing law didn't keep Bush from breaking it last time, so it's beyond me what makes law makers think he won't do the same this time around. I decided to contact three different Democratic officials, all in favor of the new law, to try and find out why they believe they won't be fooled again...

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