Holy cow...perhaps this explains why California Sec. of State Bruce McPherson suddenly started turning inexplicably back to Diebold some time around mid-November of this year after having decertified them already back in 2004, and then finding them to have failed massively in a recent mock election test over the summer.

"Information about problems with voting machines should not have been delayed long enough to become a lump of coal in California's Christmas stocking," half-joked State Senator Debra Bowen to The BRAD BLOG upon reading the following astounding new story.

AP's Juliet Williams reports today on a letter written by McPherson's office to voting machine vendor, Election Systems & Software, Inc. (ES&S) after the recent Special Election here on Nov. 8th. The letter documents a number of very serious problems discovered on ES&S voting equipment during the election. Apparently the SoS threatened ES&S with decertification in the bargain, similar to the one Diebold faced in the state back in 2004 under the previous Sec. of State Kevin Shelley...

In other words, it's none of the voters damned business what problems occurred in their own elections just five weeks ago! And had Williams not discovered the letter, none of the citizens in California, or for that matter States and Counties around the country --- all of whom are making their last minute decisions on which vendors to sign with prior to the Jan 1, 2006 HAVA deadline --- would have ever known about any of these problems with ES&S machinery!

CA State Senator Debra Bowen, who has been a leader in the state on issues of election integrity, was clearly irked upon reading this news, as reflected in this comment she just shared with The BRAD BLOG, asking [emphasis hers]: "WHY IS IT THAT WE HAVE BEEN IN THE DARK ABOUT THE PROBLEMS WITH ES&S FOR FIVE WEEKS?"

She went on to call on the SoS to release all pertinent information on these matters in her missive:

As well, she promised to reiterate those concerns with a "formal request" in her official capacity soon.

Yet, there's still more that SoS's office doesn't feel, apparently, that voter's have the right to know. Back to the AP coverage:

Lovely. A device created to be used by touching the screen with ones finger, won't work if fingernails are used. Good thinking!

In all honesty, however, the entire "fingernail" defense from ES&S sounds like a bunch of nonsense to us. Once again, we've got a documented and video-taped report of "Vote Hopping", not unlike the thousands of similar reports that American's testified to back in November of 2004 after the Presidential Election --- only to be dismissed and called "conspiracy theorists" later when they testified to the incidents, and signed official affidavits along with it.

And just a bit more from the article:

We had more on the troubles with the ES&S company --- just in case they were under the impression that Diebold deserved all the BRAD BLOG "love" --- in this previous item.

Between ES&S and Diebold, the two companies currently tally more than 80% of America's votes. They have each been run by two brothers named Urosevich. And while Diebold, Inc. in total, is a larger company than ES&S, the latter is actually a larger provider of Voting Systems and Machinery around the country.

AP's Williams deserves big props her reporting here! So...thank you to her! Please put us out of "business" entirely! And soon if you don't mind!

On further related matters from Sen. Bowen, who is running for Sec. of State in 2006 herself, she's been a rather busy bee of late, even if everyone else in Sacramento has already knocked off for the holidays.

A "Letter to the Editor" of hers was published in today's Tallahassee Democrat down in Florida, lauding Leon County's Ion Sancho for his leadership on the recent Diebold "Hack Test" which revealed that an Electronic Election could be entirely flipped by a hacker without as much as a trace being left behind.

As well, she issued a press release late yesterday spelling out how California's law requiring Voting Machine Companies to place their source code in escrow is virtually identical to the law in North Carolina which Diebold yesterday said they could not abide by and thus stated their intention to withdraw from the state completely. If that was the case in NC, suggests Bowen, then apparently Diebold needs to withdraw from CA as well.

She also states her serious concerns about the so-called "Independent Testing Authority" (not so "independent", they're chosen and paid for by the Voting Machine Vendors, and not so "authoritative" since they seem to rubber-stamp just about anything the companies send to them!) The ITA's are supposed to certify all of this software and hardware on the Federal level. Recently, as Bowen points out, Sec. of State McPherson opted to "punt" the matter of Diebold's hackable memory cards back to the ITA rather than doing what Sancho did; Simply decertify them and their crappy machines once and for all from all further elections!

As her press release on the ITA matters has not yet been published anywhere as far as we know, we offer her our Christmas gift by doing so here, in full, below...Happy Holidays, Senator...We look forward to coming to Sacramento in '07 for your Inaugural as the next California SoS...

The widely-read inside-the-beltway "Hotline" from National Journal notices our series of reports, of late, and seems to recognize (finally) that there may be something rotten in the State of Diebold.

They "assign" further coverage on these matters to Tom Edsall (WaPo), Scott Shane (NY Times), Sharon Theimer (AP), Mark Memmott (USA Today), and Bloomberg News. We'll see who takes them up on it.

Any of the above may feel free to contact me if they'd like to know where a few of the bodies are buried. I'm happy to help. And, otherwise, here's a friendly starter page to help fill you in on on what you missed "while you were out."

Guest Blogged by John Gideon of VotersUnite.org

One day after winning a court decision in North Carolina that seemed to open the door wide for Diebold to ply their wares in the state; they decided to pull out. Their concern is that they could be charged with a felony if officials determine the company failed to send a copy of all the software its machines use to a special holding company assigned by the state. They say they don't have permission to provide code that is owned by third parties such as Microsoft Corp. This leaves ES&S as the only approved vendor in the state. There is concern from St. Louis Co., MO that ES&S may be over-pricing their AutoMARK machines in an attempt to force some counties into purchasing their DREs....

For those who have followed the recent yet storied history of Diebold in North Carolina, The BRAD BLOG has just received word that there has been yet one more late-breaking twist! We can now confirm that, in fact, Diebold is removing their company from contention for the lucrative election systems contracts in the state in light of a state law which requires Voting Machine Companies to submit their full source-code to the state for inspection. At least for now.

A letter just obtained by The BRAD BLOG, sent from Diebold to the NC State Board of Elections, confirms that indeed, the company which had previously fought a state law requiring the submission and inspection of their voting equipment's software source code has decided they'd rather quit than fight, and is withdrawing their bid to contract with the state of NC for the time being, pending their ability to convince NC to change their laws!

According to the letter, dated Dec. 20th, 2005 and sent by a Diebold attorney to NC's State Board of Elections Executive Directory, Gary Bartlett, Diebold has decided they cannot comply with the current state law requiring full source code submission. The letter claims that Diebold is prepared to submit their own source code, but not that of third parties which is used by Diebold in their voting systems, including Operating System software and pre-packaged third-party tools.

Diebold, however, in the letter written by attorney Charles R. Owen, and apparently sent via Email on Diebold stationery, says that Diebold "is prepared to work closely with the North Carolina State Board of Elections ('SBE') in drafting a modification" to the law which they contend neither they nor other vendors can meet. It goes on to say that such a modification to the state law would be one "that meets the true intent of the legislature while at the same time imposing reasonable requirements on all vendors that are capable of being met."

Owen adds, however, that they will be "unable to comply with the deadlines imposed by the SBE in addition to the requirements of state law."

-- Here is the full 12/21/05 Letter from Diebold [PDF] to the NC State Board of Elections.

John Gideon, of VotersUnite.org and VoteTrustUSA, as well as a frequent Guest Blogger here at BRAD BLOG, received word of this decision not long ago via an email sent from a source in NC:

The email was a follow up to word Gideon received late last night from the source who was reportedly waiting to get "the official word" on the matter.

The back and forth between Diebold, North Carolina, and Election Integrity advocates has been an intense roller-coaster ride over the last several weeks as reported in several BRAD BLOG stories which followed all the various ups and downs.

Several weeks ago, Diebold had attempted to receive an exemption from the state court for submitting their complete source code into escrow. They were denied that exemption by the court and announced that they would therefore be unable to do business with North Carolina. Just a day or so later, the state announced they were going to go ahead and certify Diebold anyway based on a partial submission of source code even though that appeared to violate state law. That became known as the "Immaculate Certification" since it came just a day or so after the Ohio-based company had said they'd submit some of their source code to the state after all. Election integrity advocates had argued that their was no way the state could have complied with state law for inspection of the code in the short between the company's submission, and the states certification. The decision to certify at that point, was apparently led by the former Diebold employee, Keith Long, who had recently left the company to join North Carolina's commission advising the State Board of Elections.

Several days later then, a lawsuit was filed by NC citizen, Joyce McCloy, to challenge the state's decision to certify Diebold, contending that it was done against state law. And now, apparently, even Diebold agrees.

North Carolina passed their new, tougher state elections laws, after at least 4,500 votes were entirely lost in Carteret County on a single electronic voting machine made by UniLect, Inc. during the 2004 Presidential Election.

Where things will go from here, we can only guess. But, as ever, we will do our best to stay on top of the story as it moves forward...or backwards...or sideways...as the case, when dealing with Diebold...may eventually be...

UPDATE: AP now has the story, reports that only one vendor is left in NC willing to meet the state law requirements. ES&S. More more on the problems of ES&S, and a few other remarkable items, see this BRAD BLOG story from earlier today.

Add St. Louis County, Missouri to the growing list of Elections Boards around the country who have now rejected Diebold, Inc. voting machines in the last-minute scramble to select new election hardware, prior to the Jan. 1, 2006 Help America Vote Act deadline to have such "upgrades" paid for with Federal tax dollars.

The bad news for the once-great, now-disgraced Diebold, Inc. (stock symbol: DBD) of North Canton, Ohio, comes as the latest blow in a long string of disappointments for the company, which last week saw the resignation of its CEO, the filing of several Class Action Securities Fraud lawsuits, and the devasting revelation that their voting machines can be easily hacked, allowing the results of Diebold elections to be completely reversed.

The loss of the contract in St. Louis County, who chose to go instead with Election Systems and Software, Inc. (ES&S), is estimated by the St. Louis Post-Dispatch to be at least $9.6 million.

The last minute decision came amid intense lobbying by both citizens' election integrity advocacy groups and paid Diebold lobbyists --- at least one of whom was reported to have inquired about both The BRAD BLOG itself and the financial background of the father of yours truly!

There are also growing concerns about the security of voting equipment sold by ES&S, as well, in light of various states and counties around the country selecting them, instead of Diebold, as the contractor to privatize their public elections.

The County's decision to go with ES&S, instead of Diebold, comes just days after the City of St. Louis (distinct from the county) decided unanimously to go with Diebold. The City's decision occurred even after Diebold's machines were exposed as completely insecure in a so-called "hack test" in Leon County, Florida that resulted in the tally of a test election being completely reversed. A few days later Volusia County, Florida decided against Diebold, and shortly thereafter the State of California "punted" the issue, for now, back to the Feds, stating there were "unresolved significant security concerns" with Diebold's voting machines. The California decision, though not yet definitive, is undoubtedly one of the biggest blows for Diebold, since it is regarded by the company as America's largest "voting market."

The City of St. Louis may come to regret their decision as much as they eventually came to regret allowing the County to split off from it, back in the days when the County was sparsely populated and seen as draining tax dollars from the City. Today, St. Louis County's population is over 1 million, while the City continues to stagnate at a population of just over 300 thousand.

According to reports from both grassroots organization Missourians for Honest Elections and Jo Mannies of The Post, information and concerns about about the latest failures of Diebold voting machines, brought to the County's Board of Election by citizens, was crucial to the BoE's decision. As reported by Mannies in a story on The Post website last night:

In the version of the story which ran in today's paper, the following addition to the above was found:

There was no explanation for that added quote and we have been unable to reach Mannies for comment today.

According to Virginia Harris, a volunteer with Missourians for Honest Elections, St. Louis county resident Harvey Friedman (father of this blogger) was instrumental, along with several others, in bringing the latest disturbing news about the Diebold company to the attention of the Board of Elections.

On a personal note; While my father has never shown a proclivity towards political activism in the past, to the knowledge of this exceedingly proud blogger, I couldn't be more impressed with his tenacious efforts to inform the St. Louis County BoE members of the many growing concerns about Diebold, and to hold their collective feet to the fire in the bargain. The tree, apparently, does not grow far from the fallen apple. Thank you, Dad. And congratulations for the positive effect of your good work in my old home town!

The activism of Friedman the Elder, and the reporting of The BRAD BLOG, apparently has not escaped the notice of at least one person, said to be a Diebold lobbyist present at the series of recent BoE hearings in St. Louis. After Mannies of The Post ran a short blog item highlighting both our hometown connection and our father --- whom she met and interviewed at the hearings --- Lou Hamilton, reportedly representing Diebold, was said to have "thanked" Mannies for "the outing of BRAD BLOG" (whatever that might mean) and to have asked her "Who is Brad's father? What does he do for a living?", according to a report of the incident.

Hamilton is apparently the CEO of "strategic communications consulting service" Hamilton & Company, and described in an article by Mannies as "a prominent Democratic consultant." More information on Hamilton and his company is available here. We have been unable to reach either Hamilton or Mannies for additional comment on the information reported above, which was emailed to us yesterday.

While attention to the many anti-democratic maneuvers of Diebold, whose former CEO Walden O'Dell infamously pledged his personal committment "to helping Ohio deliver its electoral votes" to George W. Bush in a fundraising letter to Republicans prior to the 2004 election, has been increasingly well-publicized, ES&S has escaped the scrutiny of many Election Reform advocates.

The fact, however, is that ES&S' voting machines are not known to be any more secure than Diebold's, as reported in an eye-opening article yesterday by Wired News. In the report, adjunct computer science professor at the Florida Institute of Technology, Hugh Thompson, who also took part in the Leon County "hack test" last week, is concerned about the voting equipment being purchased from companies other than Diebold:

Earlier this year, ES&S acquired distribution rights to the AutoMARK system, which has been described as far superior and far more secure than ES&S' own touch-screen and optical scan voting machines. As well, the AutoMARK system, which produces a paper ballot for every vote cast, is said to be accessible to disabled citizens in ways which ES&S and Diebold machines are not, according to a number of disabled citizen's advocacy groups. In Florida's Leon County, the Board of Elections has decided to contract with ES&S, with the intention of using the AutoMARK system once it becomes certified by the state.

St. Louis County's BoE has decided against the AutoMARK system, and instead will purchase 1,750 ES&S touch-screen machines for use in municipal races, along with 500 precinct-level optical-scan tabulators for use in Federal races, according to Harris, with whom we spoke by telephone earlier today. She suspects that ES&S is not dealing honestly with their newly acquired "partners" at AutoMARK, whom she contends ES&S is "defrauding" by over-pricing and under-representing their machines when dealing with potential clients on State and County elections boards.

"In my opinion, ES&S fraudulently priced the AutoMARK machines so high on their bid, that there was no way they could compete with ES&S's DRE [touch-screen] machines or anybody else's for that matter," she told us. Harris claims to have a copy of the bids submitted and hopes to share them with The BRAD BLOG soon.

The wrangling over which vendor to select in St. Louis County occurred shortly after several "closed door sessions" of the St. Louis County Board of Elections, who met privately with Voting Machine vendors and locked out the public and election integrity advocates. Those "closed door sessions" appear to be in violation of Missouri state law, and since then, The BRAD BLOG has learned, "Freedom of Information Act" (FOIA) requests have been filed with the County for the minutes of those closed door sessions. We will, as always, keep you up to date on details that may be revealed by those FOIA requests if and when the County complies with them.

Guest Blogged by John Gideon of VotersUnite.org

Today has to be a bad day for two voting machine vendors. Diebold was told by the California SoS to send their system back to the Independent Test Authorities because some specific source code needs to be re-examined. In the meantime the state will not certify any Diebold voting machines. This morning a Temporary Restraining Order was filed by voters in New Mexico against the purchase of any Sequoia Edge voting machines. Included in the TRO is a statement from a developer of aides for disabled persons, who also happens to be blind, who correctly points out that the Sequoia AVC Edge DRE does not satisfy the disability access requirements of HAVA. There has been one disturbing announcement as a judge in North Carolina found for the state board of elections and against the voters of the state who pointed out that the voting systems certified by the state did not meet the law. Also in California a federal audit found that $3.8M of elections funds had been improperly spent by the previous SoS....

Guest Blogged by John Gideon of VoteTrustUSA.org

Last month The BRAD BLOG reported on an important lawsuit underway in New Mexico. We can now report that a Temporary Restraining Order (TRO) has been filed and that plaintiffs have been added to the suit.

Today, attorneys for Patricia Rosas Lopategui, et al. and against Secretary of State Rebecca Vigil-Giron, et al. filed a temporary restraining order asking District Judge Eugenio Mathis for an emergency order blocking the Secretary of State from spending millions of dollars on Sequoia AVC Edge touch screen voting machines for use in Bernalillo, Dona Ana, Santa Fe and 11 other counties. According to their press release VoterAction, the group who is providing support to the attorneys and the plaintiffs in this case, says:

As a part of their case, plaintiffs submitted the affidavit of Noel Runyan, an expert on the design of disabled access devices. Mr. Runyan, who is blind, gave this harsh assessment:

The work done by these attorneys has already begun to reap benefits outside of the state of New Mexico as attorneys in other states have begun asking for advice and assistance. VoterAction has a copy of the filing and all attached exhibits posted on their website.

Unfortunately, I'm likely off the grid for the bulk of the day/evening today. So, unless the mighty fine Guest Bloggers jump in, feel free to Be the Blog! BRAD BLOG regular, "Dredd" requested an Open Thread recently, so Happy HOLIDAYS, old boy!

In my stead, it'll be as if I'm here by my kicking the Open Thread off with a few things "BRAD" that all have roughly something to do with your occasionally humble host, but that I otherwise don't know what to do with...

Hometown Boy Does Good-ish
Jo Mannies of my one-time hometown paper, the St. Louis Post-Dispatch blogs about me. Please note that the commenters in St. Louis on both that item, and the one preceeding it about the city of St. Louis choosing Diebold (the county has yet to make their final determination), need some education and some help. Feel free to offer it to them politely.

Thanks for the Honor Danny!
The notable author/filmmaker Danny Schecter, currently of MediaChannel.org has taken note of The BRAD BLOG as one of the notable blogs listed amongst his notable list of "Media Heroes". Coming from someone such as Schecter, that is no small honor. Given the company we share on his list, we are about as humbled as we are cable of being. We'll not even note he called us "Brad's Blog" since humble beggars shouldn't be choosers. (For more on humble begging, read on to the end of this item...)

FINALLY! A Good Excuse to Go Out and Buy Hustler!
I've got a short piece in the January February issue, on stands now, so I'm told, about DIEB-THROAT! Go get it! Lemme know you think, since I've yet to see the final version. Finally, you can tell people you really did buy it for the articles!

FINALLY! A Good Excuse to Go Out and Buy Mother Jones!
I've got an article about Dan Borchers --- he the Conservative (real one) working on an Anti-Ann Coulter documentary as first discussed in this BRAD BLOG Exclusive --- in the January issue. Now also out on stands, or so I'm told. If you prefer to save your money, for a CHRISTMAKKAKWANZA DONATION to your friendly neighborhood BRAD BLOG, you can read the MoJo article online here. Be sure to note the cool Spewing Ann graphic with it!

And Speaking of Donations...and Beggars...
Remember, just a few days left to make your end of year tax-deductible donations! Of course, we're not tax-deductable as far as I know, but really...Who does more good for the world? Those losers over at Save the Children or The BRAD BLOG?

Okay. After you send the tax-deductible part to them, feel free to share whatever might left with us. We could use the end o' year help.

Alternately, a monthly subscription of any amount you choose (see the blue form on the right of this page) is also a very lovely way to end one helluva roller-coaster ride of a year!

(And don't forget the swell merchandise in The BRAD STORE! Though who knows if it'll get there in time for the Holidays...Well, hell, there's eight full days of Chanukah to come! So, sure! It'll make it!...Maybe.)

Discuss all or none of the above...in comments below...

Yesterday, from AP:

We should also note that the smart voters of Dover, removed all of the board members responsible for this idiocy from their jobs in last November's election.

Late this afternoon, Sec. of State Bruce McPherson's office sent a letter to Diebold Election Systems, Inc. Vice President David Bryd, informing him that the state is declining --- for the time being --- to re-certify Diebold AccuVote touch-screen machines in the state of California pending further testing and certification by Federal authorities.

In the letter, on McPherson's letterhead (complete letter at bottom of this article), Caren Daniels-Meade, chief of the Elections Division writes that "Unresolved significant security concerns exist with respect to the memory card used to program and configure" the Accu-Vote operating system and touch-screen equipment.

In a statement reported by AP, SoS spokeswoman Jennifer Kerns announced problems "discovered during routine testing...by state employees and independent consultants":

Some of those "potential security risks" may have been revealed in a test last week using similar Diebold equipment in Leon County, FL, where the results of a test election were reversed by a hacked program inserted onto one of the AccuVote memory cards. The hacked election was completed without a trace of the manipulation left behind.

In 2004 Diebold machines were de-certified by California's then Democratic Sec. of State Kevin Shelley after it was revealed that the company had used uncertified software in voting machines in the state. That matter was resolved in a $2.6 million settlement by Diebold with the state. A recent Securities Fraud Class Action complaint has alleged the settlement was meant to shield the public from a litany of flaws in Diebold voting systems. Additional complaints are now pending against the Ohio-based company whose former CEO had promised to "deliver the state of Ohio" to George W. Bush in an infamous fundraising letter sent to Republicans prior to the 2004 Presidential Election. The CEO, Walden O'Dell, was forced to resign early last week just prior to the filed litigation.

Republican McPherson, who later replaced Shelley, carried out a massive mock election test over the summer revealing that 20% of Diebold's AccuVote touch screen machines failed to operate as promised, with many of the touch-screens freezing and printers jamming.

Several weeks ago, McPherson's staff, however, suddenly announced that they were recommending the re-certification of Diebold machines again (under specific conditions) after a secret test, using machines specially prepared by Diebold, found this time that only 3% of the machines failed.

Then came the protests, the Securities Fraud Litigations, and last week's devasting Leon County hack test which resulted in the county announcing they would never use Diebold in another election. Another county in Florida, Volusia, quickly followed suit in deciding to dump their Diebold machines.

McPherson's office, rather than simply decertifying Diebold once and for all in California, has today decided instead to pass the buck back to the the so-called Federal "Indepenent Testing Authority" (ITA). The ITA is a group of several companies chosen and paid for by the voting machine companies such as Diebold themselves, to test their equipment and software on behalf of the Federal Government. Those ITA labs then either certify the software and/or hardware or send it back to the company with the results of the failed tests kept confidential.

State Senator Debra Bowen (D-Redondo Beach) has been an outspoken critic of McPherson's process for considering recertification of Diebold and has otherwise been a watchdog on issues related to the quickly changing Electoral landscape in the Golden State. She released a statement to The BRAD BLOG late this evening (complete statement posted at end of this article). Bowen is critical of McPherson's plan to "punt" the issue back to the Feds and says in her statement:

Bowen, the author of the so-called "Bowen Amendment" (SB 370) recently signed by Governor Arnold Schwarzenegger. That legislation mandates, among other things, paper records created for all votes cast in California, as well as mandatory audits of ballots. She has also recently announced her intention to run for Secretary of State in 2006. Her website is here.

Bowen is highly critical of the secretive processes of the ITA, and various electronic voting machinery being deployed around the state using secret software to count Californians votes:

Computer security expert, Avi Rubin, who originally discovered some of the astounding security flaws in Diebold's GEMS central tabulator, recently wrote at Huffington Post about the "Dirty Little Secrets of Voting System Testing Labs". We highly recommend his insightful and revealing article on both that and his recent experience at a summit held on Electronic Voting Security issues in California.

In a report just filed by Contra Costa Times Rubin says that review of the source code will determine little, since the source code has little do to with whether or not a hacker is able to introduce a malicious program. It's "definitely not something that's going to give a definitive answer," said Rubin.

McPherson's decision is surely a setback for Diebold who, like several other Voting Machine Companies, are currently scrambling for contracts in the wake of the impending Jan. 1, 2006 Help America Vote Act (HAVA) deadline. If States and Counties wish to receive Federal money to pay for voting systems upgrades, they must make their final decision on which companies to use by that date. Many of those States and Counties had been watching and waiting to see what California would do, given their previous history with Diebold. And of course, as Diebold --- one of several private companies vying to control the country's public voting system --- has described the state: it is America's "largest voting market."

The complete letter from Sec. of State McPherson's office to Diebold, along with Bowen's complete statement follow...

Emailer Expathos sends us an interesting compilation of video clips taken from both C-SPAN and Whitehouse.gov. Here's an outake from part of it, taken from speeches in Pittsburgh and Buffalo in 2004:

-- View the complete video here

The emailer also adds:

Indeed.

UPDATE: Additional info on the Foreign Intelligence Surveillance Act (FISA) court in response to those Bush apologists suggesting he had no time to go to the court (Rush Limbaugh told his listeners today that it could take "10 to 12 days" to get approval back from the court which frequently gives appropral to such requests in hours, if not minutes). This from an Op/Ed by Anthony Wade yesterday:

But then Wade adds this:

Interesting. So from the time the act was established until 2002, nobody seeking a warrant was denied. Then, the Bush Admin was turned down four times. Why? And could that be why they simply decided to go around the FISA court?

The wingnuts are in a full-blown panic to try and justify the latest admission by George W. Bush that he authorized the warrant-less spying on American Citizens. That would be strictly against the law, of course, and likely an impeachable offense (remember, Presidents, we used to be told, are not above "the rule of law").

In their usual well-oiled lockstep fashion, the dead-ender wingnut bloggers and hate-radio folks are now attempting to forward the notion that "Clinton did the same." As usual, the apologists get their talking point assists from the extremist rightwing "news" site, NewsMax who reported:

Trouble is, this report, from ThinkProgress, would seem to prove otherwise. Testimony given to Congress in 2000 (back when Republicans pretended to care about this sort of thing) by then FBI Director George Tenet would seem to indicate (surprise!) that NewsMax and the other apologists are wrong:

Whether Tenet was lying or not in his testimony --- which NewsMax didn't bother to quote --- we couldn't tell you. If Bill Clinton actually broke the law in this regard, as the wingnuts suggest, perhaps Republicans should impeach him. Oh, wait, it may be a bit late for that. But perhaps they should have impeached him for it (if it actually occured), instead of impeaching him for receiving an unauthorized blow job. We're just saying.

Lots of fur flying this morning, and us West Coast bloggers, of course, are as ever behind the time-zone eight-ball. So consider this a first volley as we try to bring you the nuts and bolts and offer a lot of summarized raw data and links for you to read through it all yourselves, even as we do same.

The skinny is that the U.S. House Judiciary Committee Democrats, led by ranking minority member John Conyers (D-MI) have now released their full 250-page report, said to be more than six months in the making, on the Administration's use/abuse of pre-war intel, torture policies and much more. The BRAD BLOG first reported exclusively on all of this as 'coming soon' last week. Yesterday, we added quite a few details about what to expect in this report. Our friends at RAW STORY have several articles, including links to the Full Report and its Executive Summary.

-- Report Executive Summary here
-- Report in full here [PDF]
-- Report by chapters here (Includes links to all exhibits, key documents, etc.)

Along with the report, Conyers has introduced three resolutions in the House which call for the Censure of George W. Bush and Dick Cheney for failure to provide oversight materials to Congress and for "misstatements" in their lead-up to war. One of the resolutions also calls for the creation of a new "Select Committee" --- with subpeona power --- to discover whether there are grounds for Impeachment of both Bush and Cheney. This committee has been described to us by a Judiciary Committee staffer as "similar to the Ervin Committee on Presidential Campaign Acitivites that kicked off Watergate, to conduct further investigation of the matters described in the report." The committee would then refer evidence constituting impeachable offenses to the House Judiciary Committee.

The report --- entitled THE CONSTITUTION IN CRISIS: The Downing Street Minutes and Deception, Manipulation, Toture, Retribution, and Coverups in the Iraq War --- is described by Conyers this way in a Press Release this morning (complete text of Press Release posted at end of this article):

The three House Resolutions created along with the report, were filed in the House on Sunday. Links to the complete draft text of each Resolution, and the introductory paragraph for each follow:

-- H.R. 635 [PDF], Resolution calling for creation of a "Select Committee":

-- H.R. 636 [PDF], Resolution calling for Censure of George W. Bush:

-- H.R. 637 [PDF], Resolution calling for Censure of Richard B. Cheney:

As we reported yesterday, the AfterDowningStreet.org advocacy website has introduced a new look along with a new URL. In addition to their previous name, they are now also known as CensureBush.org.

Conyers has set up some actions items at his own website JohnConyers.com where he is asking Americans to sign his letter informing George W. Bush about his intentions to censure and call for a Select Committee. A similar letter, asking for answers in regards to the so-called "Downing Street Documents" was signed by more than half a million Americans and delivered to the White House by Conyers' earlier this year.

As well, Progressive Democrats of America (PDA) has created a letter writing campaign to allow you to ask your own Representatives to support the resolution calling for the creation of a "Select Committee". You can send that letter to your reps here.

We'll update this item as appropriate throughout the day with additional material and/or links as we move through things.

The complete text of John Conyers' Press Release as issued this morning follows...

Guest Blogged by John Gideon of VotersUnite.org

North Carolina counties continue to meet and make their selections of voting machines for the future. Unfortunately they cannot wait until a decision from the court on whether any voting system presently certified by the state board of elections can, by law, be considered to be certified. The state is certainly doing nothing to stop the counties from making their decisions....