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Oy.
By Brad Friedman on 10/13/2004 9:46pm PT  

Here we go again...

A computer crash that forced a pre-election test of electronic voting machines to be postponed was trumpeted by critics as proof of the balloting technology's unreliability.
...
Tuesday's public dry run had to be postponed until Friday because excessive heat caused a computer server that tabulates data from the touch-screen machines to crash, said county elections supervisor Theresa LePore. Such "logic and accuracy" tests are required by law.

And, as a reminder, please see this statement from Jimmy Carter.

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By Brad Friedman on 10/13/2004 9:13pm PT  

From tonight's Debate #3:

BUSH: Gosh, I just don't think I ever said I'm not worried about Osama bin Laden. It's kind of one of those exaggerations.

From the March 13, 2002 Press Conference:

"Well, as I say, we haven't heard much from him. ... And, again, I don't know where he is. I --- I'll repeat what I said. I truly am not that concerned about him.
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By Brad Friedman on 10/13/2004 9:06pm PT  

From tonight's Debate #3:

BUSH: Gosh, I just don't think I ever said I'm not worried about Osama bin Laden. It's kind of one of those exaggerations.

From the March 13, 2002 Press Conference:

"Well, as I say, we haven't heard much from him. ... And, again, I don't know where he is. I --- I'll repeat what I said. I truly am not that concerned about him.

UPDATE: Here's the tape.

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(But he couldn't wipe the spittle off his mouth?)
By Brad Friedman on 10/13/2004 8:49pm PT  

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By Brad Friedman on 10/13/2004 8:03pm PT  

Who won? Who lost? (Why does my server get slammed after every debate?)

Let's talk about that, and any outrageous spin or media whoring you happen to come across! Here in comments (if it works this time!)

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By Brad Friedman on 10/13/2004 7:47pm PT  

Any winner? Any loser? If so, who and why?

Catch any outrageous debate spin or media whoring? Jump in here and let the world know about it!

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By Brad Friedman on 10/13/2004 5:41pm PT  

Open Thread with LIVE Play-by-Play as of Tonight's Debate as you (or I) may see it!

Hit the COMMENTS button to come on in and shoot your mouth off!

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During Debate #3!
By Brad Friedman on 10/13/2004 4:52pm PT  

We'll be here commenting as it all unfolds. Please join us and toss in your two or more cents! I'll open up the thread about 30 minutes prior to show time! Until then, don't get too worked up reading about Bill O'Reilly's Vibrator-Induced Orgasms! You'll want to have a level head to watch tonight's debate! :-)

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Why Do Republicans Love Lawsuits?
By Brad Friedman on 10/13/2004 4:47pm PT  

The GOP is making legal threats against Rock The Vote for their "Draft Your Friends" campaign to help register young voters. AMERICABlog has the scoop and the evidence. Once again, it's the rich fat cats who claim to oppose all those "frivilous lawsuits" who again, are resorting to such tacticts when it suits their purpose.

Is Rock The Vote using scare tactics to sign up young voters? Perhaps. Are those scare tactics worse than the scare tactics Bush/Cheney has been using regularly? Certainly not. Is there good reason to make certain that young voters understand the possibility of a Draft in their future before voting in this election? Definitely.

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In our Personal Story Segment Tonight...
By Brad Friedman on 10/13/2004 4:23pm PT  

Following up my previous article on this as promised, I've now finished reading both O'Reilly's pre-emptive complaint against Andrea Mackris, and her sexual harassment complaint against him. (Be forewarned, that sexual harassment complaint is very explicit and detailed!)

Of course, everyone deserves their day in court, but as I pointed out in my previous item on this, that is not a courtesy that either Fox or O'Reilly have gone out of their way to give to other public figures, though they are clearly tougher on folks who are not "Fox Friendly" than they have been on, say, Rush Limbaugh's legal woes.

When I heard O'Reilly's statement this morning on his radio show (mirroring closely his website's "Talking Points" for tonight's show and Fox's Press Release on the matter) describing the matter as "extortion" which required him, therefore, to file a pre-emptive complaint, I figured there had to be a lot more to this particular story.

There is. And this is going to get ugly. You've been warned.

Now I'm not an attorney, but unfortunately, I've had first hand experience about what bad folks do when they've done wrong, realize their actions have put them in legal jeopardy, and they are either unwilling or unable to extricate themselves from the matter via good-faith settlement, negotiation or admitting of wrong doing. They try to make the first strike with a pre-emptive lawsuit and put their accuser on the defensive. From what I can tell from the two now-filed complaints in this matter, that seems to be what O'Reilly (with the powerful Fox legal juggernaut at his disposal and hoping to protect the prized jewel in their crown) is attempting to do.

Based on O'Reilly's own complaint, and the detailed quotations from Markis' complaint, there's good reason to believe that tape recordings exist in this matter! From O'Reilly's complaint...

The draft complaint contained several lengthy block quotes of statements that O'Reilly allegedly made to Mackris. The length of the quotes and the specific verbiage used made it appear that Mackris was taping O'Reilly during the conversations.

Of course, O'Reilly would have been able to denounce those quotes as false or made-up if he knew them to be inaccurate. He does not do so in his complaint. Instead, he relies on painting his accuser as an extortionist, claims that "there were no physical or sexual assaults or other unwanted touchings" and then spends the bulk of the complaint attempting to dismiss her claims since, he charges, she did not follow Fox's own Sexual Harassment Policies which require that a manager be notified of any such incidents.

The fact that tapes may exist here, could be fatal to what will likely turn into an attempt to crush the woman's character (see my previous post on this).

That is not a good thing for O'Reilly who, according to the accuser's complaint, is described in rather graphic details as having what amounts to a near-obsession with vibrators, masturbation and phone sex in a large number of conversations over several months and years. Verbatim "monologues", allegedly spoken by O'Reilly over the phone to Mackris are transcribed in the complaint, as well as continual suggestions that she purchase a vibrator and participate in phone-sex sessions with him.

Without audio tapes --- if, in fact they exist --- and what appears to be a few third-party witnesses to some of this, though they are friends of Mackris' and thus could be seen as less than impartial, this thing could well be another classic "He Said/She Said" thing. Were that the case, I'd think O'Reilly and Fox would not have opened themselves up so broadly by filing a pre-emptive complaint against the woman, relying instead on their own advantage of controlling both the airwaves and the media reaction to this story.

At least one other tidbit gives me reason to believe there's more to this than the "extortion" picture O'Reilly and Fox are hoping to paint. Mackris reportedly was working for O'Reilly, on both his Radio and TV shows, at a salary of $93,200 a year in a position that she was quoted as describing to be everything she had trained for during her years in college. By all accounts, she was thrilled to hold the job. So why would she risk all of that when, according to both complaints, she was neither fired or threatened with same by O'Reilly? It would be quite a gamble if she knew there was no truth to her allegations and she was simply seeking a large "extortion" payoff.

Lastly (for now), in addition to the specific quotes from my earlier piece, I'll leave you to ponder this rather detailed (non-sexual, sorry) account of O'Reilly's alleged claims about what would happen if any of this kind of behavior ever got out:

On or about April 13, 2004, during dinner at Milos, Plaintiff ANDREA MACKRIS again told Defendant BILL O'REILLY that she would return to work on "The O'Reilly Factor" only if he no longer engaged in inappropriate conduct. Defendant agreed: "Of course, because then you'd be working for me and I'd have power over you, so that couldn't happen, that wouldn't be fair." When Plaintiff reminded Defendant that he had done the same thing to other women who worked on "The O'Reilly Factor," and that he should be careful or they might tell someone, O'REILLY vehemently threatened with words to the effect:
If any woman ever breathed a word I'll make her pay so dearly that she'll wish she'd never been born. I'll rake her through the mud, bring up things in her life and make her so miserable that she'll be destroyed. And besides, she wouldn't be able to afford the lawyers I can or endure it financially as long as I can. And nobody would believe her, it'd be her word against mine and who are they going to believe? Me or some unstable woman making outrageous accusations. They'd see her as some psycho, someone unstable. Besides, I'd never make the mistake of picking unstable crazy girls like that.

See my previous piece for more on that conversation. And remember, O'Reilly's own complaint admits that the woman may have tape recordings, they don't seem to deny the allegations at all, but rather go out of their way to say that there was no "physical" harrassment, and that Mackris didn't follow Fox's in-house Harassment Policy. So, look out for what's likely to come out of this one.

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By Brad Friedman on 10/13/2004 3:09pm PT  

Contacting the advertisers makes a difference. The advertisers are paying attention. Once again, here is the link to a database of Sinclair advertisers, with information on how you can contact them to let them know your displeasure with their partisan use of your public airwaves.

Since I saw my insurance company, State Farm, listed in the database, I shot off a letter last night to politely let them know I was displeased with them doing business with Sinclair under these circumstances and would consider taking my business elsewhere if they continued to do so. Here's what they wrote back today:

Thank you for contacting State Farm regarding our television advertising.
State Farm purchases national advertising time with the major television networks.

Many local stations, including Sinclair Broadcasting Corporation's television stations, are affiliates of the networks and carry network programming. State Farm does not buy national advertising from Sinclair.

As a company, we take great care to be sensitive to programming that some people may find offensive. We monitor programming content rigorously. State Farm is non-partisan and does not endorse any candidate or political party. Reflecting these practices, State Farm does not, nor do we plan to, place national advertising on programs which are partisan in nature such as "Stolen Honor."

We value customer opinions and treat these matters with the utmost importance. Once again, thank you for contacting State Farm to share your opinion.

That's good news! Buy State Farm insurance! And keep up the good work! Sinclair's stock prices seem to be plummeting around all of this (see chart at top-right), which is also good news! You may want to check in with your Mutual Funds as well --- here's a list of the major funds invested in Sinclair --- to see if they may be invested in Sinclair (SBGI) and sell 'em off if so! The epicenter for the Sinclair Boycott is at this blog. Keep an eye on it.

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A Fair and Balanced Look at Sexual Harassment charges against Bill O'Reilly
By Brad Friedman on 10/13/2004 2:17pm PT  

Hubris is a funny, yet often predictable, thing. Last February on this blog, I asked:

Any idea what the coming Fall of O'Reilly will be? Live boy? Dead girl? Married to his own mother?

Well, it looks like I was wrong. His downfall is a Live Girl. Looks like there may be several of them at that. I was close anyway.

Though I know that these charges have not yet had their day in court, that never stopped Fox News from covering similarly unsubstantiated charges against their political enemies like Bill Clinton or CBS or others (Kobe Bryant, Michael Jackson etc.) so I see no reason why turnabout isn't fairplay.

To that end, I've been reviewing O'Reilly's pre-emptive complaint filed this morning, and his accusers complaint also filed today. I will be updating you shortly after I've finished reviewing the materials, but for the moment, I'd say things don't look too good for Mr. No Spin. I'll explain why in an follow-up shortly after I've finished my review.

For the moment though, O'Reilly has the upper hand with three hours of national TV and Radio per day on which to make he's case, and he already began to do so at the beginning of his radio show this morning. As well, he has the enormous resources of the Fox News and Newscorp legal team and their friends in the powerful body politic that will undoubtedly use every resource to defend him as long as possible.

To that end, consider this passage from the Plaintiff's complaint which quotes O'Reilly at a dinner meeting:

"If you cross FOX NEWS CHANNEL, it's not just me, it's [FOX President] Roger Ailes who will go after you. I'm the street guy out front making loud noises about the issues, but Ailes operates behind the scenes, strategizes and makes things happen so that one day BAM! The person gets what's coming to them but never sees it coming. Look at Al Franken, one day he's going to get a knock on his door and life as he's known it will change forever. That day will happen, trust me."

During the course of this conversation, Defendant BILL O'REILLY bizarrely rambled further about Al Franken: "Ailes knows very powerful people and this goes all the way to the top." Plaintiff queried: "To the top of what?" Defendant responded: "Top of the country. Just look at who's on the cover of his book [Bush and Cheney], they're watching him and will be for years. [Al Franken's] finished, and he's going to be sorry he ever took FOX NEWS CHANNEL on."

For those just jumping in, further info on Roger Ailes is here. There is reason to believe the quotes above may have been tape recorded, and thus, available soon. More on that later.

In the meantime, as you see above, O'Reilly, Fox and Friends will have a huge PR and Power advantage in this case. I, however, will be looking out for you. Stay tuned as we help you decipher from the facts from the spin.

DEVELOPING...

Related BRAD BLOG Updates on this story:
10/13/04: "Bad Vibrations for Bill O'Reilly"
10/14/04: "O'Reilly - In Our Unresolved Problem Segment..."
10/19/04: "O'Reilly - In the Personal Story Segment Tonight..."
10/20/04: "O'Reilly's Case Gets Weaker: Mackris files additional charges."

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Wednesday Night in Tempe!
By Brad Friedman on 10/12/2004 10:41pm PT  

Come on by tomorrow evening to toss in your play-by-play, snarky comments, or revealing insights as the final Presidential Debate unfolds in real time from Tempe!

We'll have an Open Thread as we've done for the previous debates, and hope you'll come by and join us! From the Right? From the Left? We don't care! Just glad to get your on-the-fly thoughts!

Debate starts at 9pm ET (6pm PT for us Left Coasters) and I'll try to open up the thread about a half hour or so before showtime!

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Wednesday Night in Tempe!
By Brad Friedman on 10/12/2004 10:38pm PT  

Come on by tomorrow evening to toss in your play-by-play, snarky comments, or revealing insights as the final Presidential Debate unfolds in real time from Tempe!

We'll have an Open Thread as we've done for the previous debates, and hope you'll come by and join us! From the Right? From the Left? We don't care! Just glad to get your on-the-fly thoughts!

Debate starts at 9pm ET (6pm PT for us Left Coasters) and I'll try to open up the thread about a half hour or so before showtime!

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The Right Repeats the Lie
...And so it goes.
By Brad Friedman on 10/12/2004 6:08pm PT  

Matt Drudge, the Internet's top Smear Queen and disseminator of horseshit has been at it again all day. A testament, perhaps, to how much trouble they must feel like Bush is now in.

At the very top of the page, and with no attribution or link to follow up, Drudge has been screaming this all day with the mocking headline "BE HEALED":

Edwards Stem Cell Vision: 'We will stop juvenile diabetes, Parkinson's, Alzheimer's and other debilitating diseases... When John Kerry is president, people like Christopher Reeve are going get up out of that wheelchair and walk again.' Edwards made the unprecedented campaign promises during 30-minute speech at Newton High School gym in Newton, Iowa...

I do not have access to Lexis/Nexis, which has a more complete archive of news articles, so I welcome anyone who does to look deeper into this, but so far, the only account I've been able to find on the net quotes Edwards very differently!

In "Central Iowa's Daily Newspaper" the Times/Republican Edwards is quoted saying this instead:

"We will do stem cell research," he vowed. "We will stop juvenile diabetes, Parkinson's, Alzheimer's and other debilitating diseases. America just lost a great champion for this cause in Christopher Reeve. People like Chris Reeve will get out of their wheelchairs and walk again with stem cell research."

Now that quote is quite a bit different than the one Drudge uses, again, without any attribution whatsoever.

Of course, Rush and the Rightwing Bloggers have had their panties in a bunch all day repeating Drudge's version of the quote to millions of Americans. Haven't watched Hannity & Colmes yet tonight or listened to Hannity's radio program today, but anybody wanna bet our friend Hannity feels free to repeat the bullshit as many times as possible today?

Bush/Cheney '04: If you can't win honestly, just make shit up.

UPDATE: CNN has given credence to Drudge by repeating his version of the quote in a story headlined "Frist knocks Edwards over stem cell comment". Did CNN indepently verify the quote before they asked Frist about it? Or are they continuing their lazy track record of simply accepting whatever Drudge tells them?

UPDATE: As predicted, Hannity played the clip from Edwards' speech on Hannity & Colmes, and though it seems a bit closer to Drudge's quote, it was very tightly edited. Jumping in mid-sentence at both the front and back of Edwards' sentence. Hannity's quote:

{ABRUPT EDIT} ...the work that we will do, when John Kerry is President. People like Christopher Reeve are gonna get outta that wheelchair and walk again... {ABRUPT EDIT}

Still seeking a more complete, unedited, version of the speech. I've contacted Tom Owens, the reporter who wrote the Times/Republican piece to see if I can get further info. Will let you know what I hear back.

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