The former State Department adviser to Condoleezza Rice and executive director of the 9/11 Commission, Philip Zelikow, disclosed at Foreign Policy's Shadow Government yesterday that he offered a dissenting view to the torture memos and policies of the Bush Administration. (Ernie Canning discussed those memos and policies in detail here this morning.)

Zelikow not only dissented from the party line, admirably, but he also learned at one point that while the administration disagreed with his opinion, they were taking it a step further by actually going out of their way to destroy all copies of his memo. As he explained at FP yesterday:

While it's admirable, I suppose, that he's finally speaking up to reveal that at least someone in the Bush Administration dissented from their tortured legal justifications for war crimes, the question must be raised as to why Zelikow didn't simply resign when it became clear that the administration was going far beyond simply disagreeing with him. They were stepping over what would seem to clearly be the line of legality, by actually destroying (or attempting to), all copies of his opinion.

Surely that was a red flag that something was gravely amiss there, no?

Zelikow was on MSNBC's Rachel Maddow Show last night (complete video and transcript below), and she asked directly if he'd considered resigning at that point. But I find his answer rather unsatisfying, in my opinion...

Guest Blogged by Ernest A. Canning

At the same time he took a step forward, releasing the four Justice Department torture memos he described as a "dark and painful chapter in our history," President Barack Obama assured CIA employees, who tortured under cover of these quasi-legal sophistries, they would not be prosecuted. The President said this was "a time for reflection, not retribution...nothing will be gained by spending our time and energy laying blame for the past." White House Press Secretary Robert Gibb explained that the President insisted on "looking forward." U.S. Attorney General Eric Holder not only seconded the President's promise not to prosecute, but vowed to provide legal counsel to defend these war criminals and to pay the damages awarded to their victims.

Great Britain's Times Online, quoting an unnamed former official, suggested there may be cases where the CIA exceeded the DOJ guidelines; perhaps even killed detainees. The President's hint at immunity does not extend to officials who exceeded the guidelines. Although the President, in his remarks, made no mention of those who ordered torture, White House Chief of Staff Rahm Emanuel told ABC's George Stephanopoulos last Sunday that the President did not believe "those who devised the policy" should "be prosecuted."

The President's promise not to prosecute generated a firestorm of protest from the legal community. Law Professor Jonathan Turley blasted the effort to equate law enforcement with "retribution."

Rep. Jan Schakowsky (D-IL) who serves on a House Intelligence Sub-Committee, added fuel to the firestorm by contrasting the President's advancement of the "I was only following orders" defense to the principles our nation applied at Nuremberg after WWII. Manfred Nowak, the UN special rapporteur on torture, said the President's refusal to prosecute violates the UN Convention Against Torture.

Before discussing the refreshing news that we have a President who, in the face of such a powerful critique, is not afraid to reverse course, let's consider what it means to "look forward" given that the principle author of these torture memos, Judge Jay S. Bybee, now sits on the 9th Circuit Court of Appeal, passing judgments on others. Absent incapacity or impeachment, there he will stay for the rest of his life...

[Updated at end of article with video of Goddard's Tuesday press conference, and a radio appearance shortly thereafter.]

No evidence of manipulation was found in the results of a 2006 special election in Pima County, AZ, according to the state Attorney General's announcement given at a press conference this afternoon in Tucson.

Today, AG Terry Goddard announced the results of his findings from a paper-ballot hand count, held earlier this month in Phoenix as part of a criminal investigation into whether the results of the '06 election were manipulated by election officials. A multi-partisan coalition of election integrity advocates have long charged that the results of the 2006 Regional Transportation Authority (RTA) election may have been electronically tampered with via the county's Diebold optical-scan central tabulator system.

The criminal investigation was re-opened in July of 2008, following the filing of a sworn affidavit from a former county employee who claimed he was told by a Pima County Election Division computer operator that the election was "'fixed'...on the instructions of his bosses."

The BRAD BLOG was listening in on the press conference, via a weak cell phone connection, so it was difficult to get direct quotes from Goddard, but we did speak to a number of people who attended the presser to get details from them, and were able to listen to Goddard's appearance on local radio shortly afterwords...

Welcome aboard to our latest new affiliate station - KRXA 540am in beautiful Monterey, CA!

IN TODAY'S AUDIO REPORT: The EPA declares pollution a hazard (duh?)....so Congressional Republicans focus on (wait for it) cow farts!; The 39th celebration of Earth Day; PLUS: tons of toxic drugs pollute the nation's drinking water ... All that and more in today's Green News Report!

Got comments, tips or hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (links below): The Obama Administation details plans for high-speed rail; Must-see TV this week --- PBS's Frontline investigates poisoned waterways in the U.S., and The History Channel asks what happens to the world after we're gone; will Germany force farmers to use Genetically Modified corn (GMOs)?; Chicago unveils solar-powered recharging stations for electric cars; PLUS: Mars Candy commits to sustainable chocolate...(mmmm chocolate) ....See below for more!

Info/links on stuff we talked about on today's episode, plus MORE green news, all follows below...

Guest blogged by Ernest A. Canning

Operating out of an undisclosed location, former Sen. Norm Coleman's attorney, Ben Ginsberg, announced that the Coleman legal team had filed a notice of appeal with the Minnesota Supreme Court, seeking to overturn the three-judge panel decision [PDF] declaring that Al "Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator and is entitled to receive the certificate of election."

Ginsberg asserted that the appeal was based on the same contentions made during the course of the election contest, especially as it relates to equal protection and an alleged disenfranchisement of some 4,400 Minnesota voters.

Franken attorney, Marc Elias, responded, noting that five of the six claims made by Coleman's appeal seek not to add additional votes but to delete votes already counted. Elias announced on TheUptake.org that he plans to file a motion on Tuesday with the MN Supreme Court asking that the court order expedited briefing, with Coleman's brief to be filed by Monday Apr. 27, and Franken's response on May 2.

There's not a whole lot new or unexpected yet here, for the moment, though a review of the political balance of the MN Supreme Court who will hear Coleman's appeal is probably worth a quick look, right about now...

[Updated several times at bottom of article, including encouraging comment on this offensive bill, by FL Gov. Charlie Crist.]

John Gideon covered the latest outrageous election-gaming attempt by Florida Republicans over the weekend in "Daily Voting News," but this one clearly needs a few more eyeballs.

Kindra Muntz, president of Sarasota Alliance for Fair Elections (SAFE) emailed over the weekend to request "nationwide pressure" be placed on legislators in Tallahassee and, given the ugliness of this particular effort, we'd agree. See the bottom of this article for some action links which Muntz suggests taking to counter what she describes as a "dangerous" and "devastating" bill being quietly fast-tracked through the FL legislature by the GOP down there this week.

Here's a couple of passages from two no-holds-barred editorials from over the weekend, excoriating this latest, blatant attempt at voter suppression by the Sunshine State Republicans who, this time, have got elderly voters (and much more) in their cross-hairs. Among a few pretty horrible things this bill does (see below for much more), it would end the use of "Retirement center identification" and "Neighborhood association identification" for the elderly when voting at the polling place.

The first editorial below comes from the St. Petersburg Times which calls the effort "disgraceful," a "naked grab for power," and charges, "Republican legislative leaders have lost all sense of shame with their 11th-hour bill to roll back voting rights in Florida."...

What follows below is a letter I sent to AG Eric Holder last week, on behalf of VelvetRevolution.us (of which The BRAD BLOG is a co-founder), calling for his immediate investigation of all political prosecutions at the DoJ during the Bush era, including those of former Alabama Gov. Don Siegelman and Mississippi attorney/Democratic fundraiser Paul Minor. On the heels of the DoJ's dismissal of charges against Republican Sen. Ted Stevens, the DoJ needs to similarly vacate charges against anyone who was specifically targeted, for political reasons, by the Bush Admin's perversion of justice at the DoJ.

There are now well over 700 organizations and individuals, such as Robert F. Kennedy Jr., Ray McGovern and Scott Horton currently signed on to the letter, and you are invited to do so yourself via the campaign's main page at RestoreJusticeAtJustice.com. More details are over there. We hope you'll both sign on, and help spread the word.

Here is the letter to Holder, sent last week just before Minor's wife passed away, and prior to the release of the Bush regime's appalling torture memos which we will, no doubt, be dealing with in a future campaign...

In my opinion voter suppression is an ugly act. When one party is in power and then pushes legislation that only serves to help to ensure they will stay in power then there is something wrong with our democracy. This is now the case in Florida where the party in power waited until week seven of a nine week legislative session to attempt to ram-rod through bills in both the House and Senate that will help to ensure they stay in power. Our two ‘Featured’ editorials (here and here) explain what is happening in Florida much better than I can. ...

"Pensacola Jeff" speaks must-watch truth to (out of) power at a Tea Baggers Sore Losers Rally in Florida last Wednesday...

Brilliant. Priceless. (Hat-tip to BRAD BLOG commenter "Floridiot".)

Of course, the video above underscores the plain truth that the "protesting" tea baggers sore losers, had no real clue what the hell they were even doing at their tiny "protests" on Wednesday, which they only showed up for, to protest against their own best interests, because Fox "News" told them to. The photo below (courtesy "rumproast") may say it all...

All of Wednesday's confused, desperate (though rather amusing) "protests" were, of course, dwarfed in size, actual meaning, and actual grass-rootsness, by dozens of actual grass-roots protests during the Bush years, such as this one against the Iraq War and these when Bush was inaugurated in '05, even though somehow Fox "News" forgot to promote those actual protests, and the rest of the corporate media forgot to cover them at all.

But ssshhhh...don't tell the tea baggers sore losers, they think they've started a "revolution"...

The AP has finally noticed the long-sought criminal investigation ballot count of the 2006 Pima County (Tucson), AZ, special election. State Attorney General Terry Goddard's hand-count of the disputed Regional Transportation Authority (RTA) election was concluded, at least for now, in Phoenix on Wednesday. That's when AP filed its report on the matter that we've been covering here at The BRAD BLOG in a number of special reports and exclusives, in great detail, this week, last week, and for several years prior.

AP's coverage was fairly cursory (recent inside joke: AP didn't report who the AG's office had found to be the "leading vote-getter"), but it hit a few points worth noting, including one of the key take-aways from the entire, epic morality tale still playing out on behalf of the entire U.S., in Arizona:

There you have it. That's why this story matters, and why it's far more than simply a "local story."

It also matters on a still-broader level because, even if the 2006 Tucson RTA election wasn't rigged --- and it's three years on, and nobody yet actually seems to know for certain --- due to the god-awful, privatized, untested, hackable, oft-failed, secret vote-counting machines we now use in our public elections, it's become virtually impossible to know if any elections counted on such machines were accurately tabulated.

AP notes that Goddard seems to finally be understanding that larger point, at least:

The Arizona Republic's Dennis Wagner pulled some details from AP's cursory coverage and augmented it substantially for more lengthy, detailed coverage filed on Wednesday as well, which we're happy to see and recommend.

In a related note: Tucson election integrity advocate John Brakey saw charges against him dismissed by a judge today, following his arrest ordered by Pima County election officials last year during a state-mandated, post-election hand-count --- a statutory mandate that likely would not have existed were it not for Brakey's advocacy for such post-election "audits."

The county's case against him was so bad Brakey wasn't even required to put on his own defense before the judge dismissed the case entirely after hearing the county's testimony. The recent criminal investigation hand count carried out by Goddard, and all of the issues discussed above, would also likely never have come to light in Arizona, had it not been for the tenacity, courage, and tireless determination of Brakey. Exclusive details on today's dismissed charges against him posted earlier here...

[Updated at bottom of article with video of trial testimony and the judge's dismissal of the case.]

Along with everything else that's been going on over the past week or two in the criminal investigation hand count of the 2006 Pima County (Tucson), AZ, special election (see our detailed special coverage here and here, with a bit of followup coming tonight, by the way. [UPDATE: Here's that late report.]), local election integrity watchdog John Brakey has had a trial of his own to contend with this week, following his arrest last September, while serving as an official observer during a post-election hand-count "audit" of the state's primary election on behalf of both the Democratic and Libertarian Parties.

As The BRAD BLOG reported at the time, Brakey had noticed that a number of ballot bags, selected for the hand-count, had missing or broken security seals on them. When he asked about them, he was promptly arrested on the orders of Pima's "Election Director Gone Wild" Brad Nelson, a Republican and long-time foe of Brakey's.

The case against Brakey, heard in court this afternoon, was dismissed by Judge Luis Castillo after the county presented its evidence on the charges of "trespassing," as we were informed today by Brakey and his attorney Bill Risner, who wouldn't even need to plead their own case to the judge today...

Guest Blogged by Ernest A. Canning

“This long delay in the seating of Minnesota’s second U.S. Senator has come at a time when our state badly needs help from Washington. Since Election Day, Minnesota has lost 56,000 jobs. Since Election Day more than 9,000 Minnesota families have lost their homes to foreclosure.”
--Senator-elect Al Franken (D-MN), 4/13/09 statement

The Monday, April 13, 2009 decision [PDF] came as as no surprise, certainly not here at The BRAD BLOG where we concluded on Feb. 22, 2009 that former Sen. Norm Coleman’s legal challenge to the Jan. 5, 2009 bi-partisan MN state canvassing board's determination that Al Franken had won the U.S. Senate election was “dead in its tracks.”

Earlier this month, at a time when the mainstream media got it wrong, we accurately reported that the April 7, 2009 order [PDF] meant that the last of the lawfully cast votes had been counted; that Franken won, and; Coleman lost. We went on to predict that the three-judge panel would likely “provide a written explanation of its denial of any other relief…when it enters a final judgment…” We added: “But make no mistake. There are no more votes to be counted. 312 votes is the margin of victory for Al Franken over Norm Coleman.”

In fact, there were no more votes to be counted, as we reported, even as the bulk of the rest of the media hedged their bets. So with the votes all tallied determining that Franken was the victor, and Coleman lacking any legitimate legal recourse, what are Franken's legal and political options, and when might he finally take his rightful seat in the U.S. Senate?...

IN TODAY'S AUDIO REPORT: Goodbye Tax Day '08, Hello Tax Day '09 (with big new incentives to sweeten the deal); Birds taking the long way home; "Greenwashing"; PLUS: Solar power...in SPAAAAACE.... All that and more in today's Green News Report!

Got comments, tips or hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (links below): Six Degrees of Tom Delay, or How a Climate Denier Helped the EPA Get Its Groove Back; abandoned housing developments reverting to nature; Norway lays claim to (part of) the Arctic; the high energy cost of spam; AND: the Somali pirate problem --- toxic dumping and overfishing to blame? ....See below for more!

Info/links on stuff we talked about on today's episode, plus MORE green news, all follows below...

-- Brad Friedman, A BRAD BLOG Special Report

In a letter written to the Arizona Attorney General's office on Monday, as obtained by The BRAD BLOG, the attorney for the Pima County (Tucson) Democratic Party has expressed a concern that thousands of ballots from a disputed 2006 special election, which should be in the AG's possession, may instead be "missing".

"Many thousands of ballots that should be in the ballot boxes in your possession don't exist," attorney Bill Risner writes in the 3-page letter [PDF] to Donald E. Conrad, Chief Counsel of the Criminal Division at the office of state Attorney General Terry Goddard. The alarming allegations come as the second week of an extraordinary hand-count of paper ballots, part of a criminal investigation into the '06 election, continued in Phoenix on Monday.

A spokesperson from the Attorney General's office says she believes the count will be concluded on Wednesday, though that could change. It was originally scheduled to conclude last week.

The AG is conducting a criminal investigation into allegations that that election may have been electronically manipulated by election official insiders. The special election created Tucson's Regional Transportation Authority (RTA) in May of 2006, and funded it with a joint bond measure to the tune of $2 billion over ten years. The Pima Democratic Party had endorsed the two RTA ballots questions in the election, but they now question the legitimate success of the measures. They've been bringing court cases to access ballot materials, and have been demanding a hand-count of the ballots for a number of years. Similar RTA initiatives had failed in four previous elections before they were finally passed in 2006.

"If we are correct," Risner wrote in his Monday letter to the Attorney General's office, concerning the absence of as many as 19,000 paper ballots, as estimated by observers of the counting in Phoenix, "the question arises as to what happened to those ballots." The latest mystery adds still more fuel to the already high-stakes, long-sought hand-count, and raises new questions in the nearly three-years long investigation into the 2006 election results.

If the ballots are indeed missing, did they ever actually exist? Was the Diebold electronic ballot box stuffed? Have ballots been surreptitiously removed by someone for some reason? Or have observers miscalculated the number of ballots being examined? The AG's Press Secretary Anne Titus Hilby tells The BRAD BLOG she's aware of the allegations of missing ballots but could not speak to that point in any more detail "until the examination is concluded"...

Welcome aboard MORE new affiliates! Bob Kincaid's Head-On Radio Network joins the GNR team!

IN TODAY'S AUDIO REPORT: Florida homes stink!; FDA under fire (again); McDonald's may reduce pesticides in fries; PLUS: The cardboard box that could save the world; And the Utah college student indicted for saving public lands from destruction...All that and more in today's Green News Report!

Got comments, tips, college student indictments? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (links below): Alaskan volcano still threatens oil facility; Are America's suburbs in danger of becoming the new slums?; the Oil Price Shock of 2008 may have triggered the current economic downturn; Robert Redford confronts the NIMBY problem in renewable energy sites....See below for more!

Info/links on stuff we talked about on today's episode, plus MORE green news, all follows below...