Guest blogged by David Edwards of Veredictum.com

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Jonathan Turley is a Law Professor at George Washington University. He is an expert on Constitutional Law and legal ethics. He also specializes in legal services for defendants in cases involving classified material. Turley appeared as guest on MSNBC's Countdown to help explain the legal issues with the NSA's ongoing collection of "billions of phone calls" of "tens of millions of Americans."

The Communications Act of 1934 states that phone companies can not give out information on its' customers calling habits. Examining the possible legality of the NSA program, Jonathan Turley says, "If what was reported in USA TODAY is true... it seems to me, once again to violate Federal Law." Turley concludes, "I've spent a day now looking for the possible authority that they would use for this operation and I've come up with nothing."

BONUS VIDEO - Turley: Bush Prefers to Promote Inner-Circle of Criminals

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The night before USA TODAY broke the NSA Call Database story, Jonathan Turley made another appearance on MSNBC's Countdown. In this interview, Turley uses the nomination of General Hayden as CIA Director to point out a pattern in the types of activities and people that President Bush prefers to promote.

Turley notes the large number of people in Bush's inner-circle that have been accused of criminals activities, a lack of legal ethics and even indicted/convicted crimnals. General Hayden's creation and subsequent defense of NSA programs that violate civil rights and FISA laws is the latest visible example in this pattern.

Jonathan Turley makes a serious comparison between the HBO's fictional crime family and the Bush's inner-circle. There is an obvious comparison between the loyalty and obedience required to be "made" in the Soprano family and the people allowed in Bush's bubble. Turley also wonders if criminal activity benefiting the Bush's goals is an attribute that accelerates a person's initiation into the "Bush Crime Family".

An article in the conservative Wall Street Journal tomorrow covers a number of E-voting meltdown/train wreck issues around the country, including the nine lawsuits currently in progress around the country to push back these damned, untested, unsecure, hackable machines and other points of which The BRAD BLOG has been reporting over the last many many months.

We're glad to see them finally take notice and report on these problems to the nation.

The niceties now set aside, the article minimizes the myriad severe problems and security issues throughout. One way of doing that, is referring to these problems as "glitches" no less than five times by our count. Another way of doing that, is quoting Election Integrity attorney Lowell Finley of VoterAction.org in half a sentence. And devoting the rest of the quotes in the piece to spokespersons from Diebold (known liar, David Bear) and ES&S, along with unsecure electronic voting proponent (and cowardly disinformation expert), AZ Sec. of State, Jan Brewer.

None of the many Election Integrity advocates, computer science or security professionals, apparently, were allowed to refute the silly apologists disinformation statements of Brewer, Bear or Ken Fields of ES&S.

Still, one passage from late in the article is just flat wrong:

Sounds a whole lot like David Bear talking there. The fact is, the so-called "Hursti Hack" in Leon County, Florida in December, 2005, covered in some detail by the mainstream media, confirmed by CA SoS and Diebold proponent Bruce McPherson's own independent analysis [PDF], proved beyond a shadow of a doubt that both a hacker and an insider could electronically manipulate the vote.

We're happy to see the national coverage. It would be nice if they could avoid such statements that are demonstrably wrong and misleading.

National media may feel free to contact us. We'll be happy to help you avoid such easily avoidable errors and will put you in touch with all manner of experts who can help you understand what's really going on here.

Guest Blogged by John Gideon

As was expected the corporate media picked-up the latest in Diebold's sordid story --- which we reported first here last Friday --- with articles by Ian Hoffman yesterday and today and even the Associated Press stepped in as well.

Unfortunately the headline of Hoffman's article yesterday characterized the security hole as being a 'glitch'; which this certainly is not. It is also not a 'flaw' as it was characterized by today's Hoffman and AP articles. (Ed note: Hoffman has been very good at reporting on all of these related stories, so we don't wish to be overly critical of him, but rather point out the inaccurate characterization.)

This is a 'feature' that was knowingly installed by Diebold. It was not a mistake or something that was overlooked in the design of the software. It is not a 'bug', 'glitch', 'flaw', 'error in programming' or any other simplistic name. Michael Shamos, a Carnegie Mellon University computer science professor and veteran voting-systems examiner for the state of Pennsylvania has said this:

Johns Hopkins University computer science professor Avi Rubin, who published the first security analysis of Diebold voting software in 2003 had this to say:

In the meantime the state of Georgia has decided that there is nothing that they have to do because their administrative rules already mitigate the problem. Of course, they made that statement without knowing what the full problem is.

A redacted copy of the Hursti "Critical Security Alert: Diebold TSx and TS6 voting systems" can be found at BlackBoxVoting.Org. Bev Harris guarantees that the redaction only resulted in 50 words being removed from this copy of the report.

Finally, I would be remiss in not pointing to this final line of Dan Goodin's article for AP:

Uh, Dan, you could have had a more timely article, and probably scooped Ian Hoffman if you had read The BRAD BLOG on Friday, where you would have found the whole story posted exclusively that day.

It's about time that the corporate media begin looking to the blogs as a source instead of ignoring us like we aren't here. Or at least admitting that they're looking to the blogs as a source, instead of only attributing those in the MSM.

Will Dan Goodin or the AP post a clarification to their story? We're not holding our breath.

Guest blogged by David Edwards of Veredictum.com

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This morning, USA TODAY is reporting that their sources confirm that the National Security Agency is secretly building a massive database of American's phone calls. The database has been called the "largest database ever assembled in the world."

The source said that the NSA's goal is "to create a database of every call ever made" within the borders of the United States. This particular program does not actually monitor conversations but is used for data mining along with data collected by other secret NSA program such as the warrantless domestic spying program and numerous other sources. Data collected by U.S. companies such as credit history, buying patterns and mailing lists are used along with data collected by the intelligence community. NSA whistleblower Russell Tice has said (60 Minutes video clip here) that there may be many other secret programs which spy on "millions of Americans". The phone call database alone is said to collect information on "tens of millions of Americans." Combining and analyzing all of these sources of data amount to an appalling and possibly illegal invasion into the private lives of Americans.

If you use AT&T, Verizon, BellSouth --- the three largest phone companies --- then your phone calls are being collected by the NSA. These three companies alone provide service to over over 200 million customers. Like the warrantless domestic spying program, the NSA has not obtained warrants or notified the FISA court about collecting phone calls. Qwest was the only phone company that refused to hand over phone call records until the NSA obtained a FISA warrant. (You can thank Qwest right here.) The NSA refused to go the FISA court. But customers with Qwest accounts are not immune to the NSA's violation of privacy. Many customers who have Qwest also use AT&T or Verizon for long distance service. The NSA can also cross-reference other databases to build a nearly complete profile for an individual.

George W. Bush has said that the program is lawful and necessary for fighting terrorism. He also says that the private lives of Americans are not being violated.

In this video clip, NBC's Today Show reports on the NSA's ongoing collection of domestic phone calls.

Guest Blogged by John Gideon

Just hours ago Betty Ireland, the Secretary of State of West Virginia filed a formal complaint against ES&S with the federal Elections Assistance Commission. A story in the State Journal quotes Secretary Ireland:

There have been failures all over the state. A small sampling of problems gives us:

The national media? Mums the word for them, it seems.

Wow.

Doug McIntyre, the very conservative morning drive talk-show host out here in Los Angeles, last Friday issued a stunning "apology" for voting and supporting George W. Bush. It's a must read, hits on every point --- and I mean every point --- and should serve as a template for all intellectually honest conservatives. It also garners McIntyre the latest, and rarely bestowed, BRAD BLOG "Intellectually Honest Conservative Award!"

Here's just one graf:

Read the whole thing there are far too many money quotes to pull out and post here. Incredible.

(Thanks Bring 'Da Noise for the tip!)

I'm speaking on Election Reform issues to the Culver City Democratic Club tonight at 8pm. Their site, www.CCDemClub.org has been hacked this morning in the bargain.

Joining me will be Arlene Pinzler from California Sen. Debra Bowen's office. Bowen is running for CA Sec. of State and must be supported, by the way! Her opponent in the Democratic primary, Deborah Ortiz, told the Sacramento Bee yesterday, incredibly, that she's satisfied with McPherson's certification of Diebold machines in the state and thinks "they're adequate to get us through the June 6 elections."

That is not a woman who belongs in the SoS office! Or even near it!

I any case, since details for tonight's event are no longer available at the Culver City Dem's site (but alot of hate-speech from hackers claiming to be representing Turkish Muslims is), here are the details. If you're in Southern California area, please stop by and say hello! And a note to Republicans: Happy to come on by and speak to your groups, too! Just let me know!

Culver City Democratic Club, 8pm (other business begins at 7pm)
Veteran's Memorial Building, Rotunda Room
4117 Overland Ave. (SW corner of Culver Blvd.)

Now I just have to find time to put something worthwhile together to speak about!

John Gideon contributed to this report.

A group of Arizona voters have filed a Motion for Preliminary Injunction against Sec. of State Jan Brewer to halt the purchase of electronic touch-screen voting systems in the state made by both Diebold, Inc. and Sequoia Voting Systems.

The voters announced today that the motion was being filed in time to stop the use of the Diebold TSx and Sequoia Edge II systems in the state's upcoming 2006 elections, due to security, verifiability, and disability access problems with these systems.

In addition to the litany of security issues concerning Diebold's TSx, details from the most severe one to date were just revealed publicly last Friday with more chilling details filed in the Oakland Tribune by Ian Hoffman today, the suit also contends the machines, being purchased and implemented in many Arizona counties for the first time this year, are accessible only for a small number of voters with disabilities.

Indeed, on Monday, Diebold issued a press release about new disabled-accessible features that the company is now making available for their line of touch-screen voting machines. The press release can be seen as a tacit agreement, of sorts, that those systems had not been previously accessible to all disabled voters as required by the federal Help America Vote Act (HAVA)?

Republican extremist/hate-monger, Ann Coulter may be on the verge of being tossed from the Voter Rolls in Palm Beach County, Florida.

The BRAD BLOG has also obtained exclusive official documents from the chain of events which has helped bring the GOP darling to a new place in her career: She has fallen completely silent.

Coulter, who appears to have committed a third-degree felony by knowingly giving an incorrect address on her voter registration form in Palm Beach, Florida, and then knowingly voting at the incorrect polling place last March, could face up to $5,000 in fines and five years in prison if convicted.

In April, The BRAD BLOG posted Coulter's fraudulent Voter Registration form in full. Today, we have more official and exclusive documents from the incident.

In light of Coulter's apparent voter fraud felony, the Palm Beach County Supervisor of Elections, Dr. Arthur Anderson, had sent her a letter last March (posted in full below), giving her 30 days to explain her actions, before possibly referring the matter to the state attorney for prosecution. So far, Coulter has failed to reply at all. Officials now say she may be removed from the voter rolls.

The Palm Beach Posts's Jose Lambiet originally broke this story back in March, and today adds a few new details in an update:

The incident was first reported to county officials by Precinct Advisor James Whited (incident report posted in full below) who had informed Coulter that her true home address, at 242 Seabreeze Ave., did not match the one on her voter registration. Coulter, had inexplicably used her Real Estate agent's address on the voter registration form which includes a signature next to an oath which says, in part, "All information on this form is true" and acknowledges the third-degree felony penalties for lying.

Whited explains in the report that he advised Coulter of the problem:

Coulter would shortly thereafter cast her ballot at St. Edward's Church where she would have completed the final act of her knowing voter fraud. According to Michelle Pilecki at Huffington Post, Coulter has since been attacking those who question her about the incident on her speaking tour. Comment at that linked story, posted by a student who attended one of Coulter's events reported:

But "retarded news" site, The BRAD BLOG linked to several documents which indicate, in no uncertain terms, that Coulter purchased a $1.8 million dollar crib in Palm Beach in March of 2005. If that is not her residence, Coulter would still be guilty of an apparent voter fraud felony, since she did register to vote in Palm Beach...even if at the wrong address.

As well, Coulter has received a $25,000 homestead tax exemption, which, according to Palm Beach law, would only be available to use as a tax deduction on the property if she "lives there permanently".

For the first time, to our knowledge, The BRAD BLOG now publishes the complete incident report on the matter, as filed by Whited, along with the original certified letter sent to Coulter by Anderson --- which has subsequently been ignored. We post both, along with the "Statement of Legal Residence" form which Anderson requested, on March 27th, be returned by Coulter within thirty days, below...

(Awesome graphic above courtesy of Towelroad.com)

"Obsessively?" Me? (He says as he writes this at 4:39am) Well, maybe. But someone's gotta.

So begins the editor's intro to a piece I was invited to submit to the Harvard University's Nieman Foundation for Journalism's Watchdog site. The invitation came from Deputy Editor, and Washington Post columnist Dan Froomkin, so I was honored to accept.

I was asked to submit questions for mainstream media folks to ask of Elections Officials about our current Electoral Train Wreck-in-Progress in hopes that someone in the MSM might actually do so. These are the tough questions which, frankly, ought to be asked of every damn Election Official in the country by every damn responsbile media person.

Several questions were edited out by Dan before posting for reasons that I don't completely understand. But as I consider him one of the good guys (who occassionally even links to BRAD BLOG from his WaPo page) I won't hold it against him.

So here's the piece as posted at Nieman Watchdog. (Including a swell pic of yours truly!)

And for the hard-cord Election Reform junkies, read on for the extra bonus questions which didn't make the cut. Who knows? Maybe someone in the MSM may one day want to know what they completely failed to ask about...

New CBS/NYTimes poll. Bush now ties his father's career low point, higher only than Nixon and Carter...

Just out from Reuters...

The investigation of Diebold by the SEC, which we had heard previously about through background sources over the past several months, comes on the heels of a class action Securities Fraud litigation suit, originally reported exclusively by The BRAD BLOG just before it was filed last December.

That suit came on the heels of a growing number of reports on the reliability and vulnerability of Diebold's electronic voting machines and concerns about their larger ATM division.

Last September, just days after we reported on an anonymous Diebold insider, nicknamed "DIEB-THROAT", who pointed us to a Dept. of Homeland Security "Cyber Security Alert" about vulnerabilities in Diebold's election software, the company's stock-prices plummeted more than 15%.

While the stock price has remained lower than the nearly all-time highs it had been at just prior to the sudden drop, the price per share has been slowing inching back up over the last several months since the resignation of former CEO Walden O'Dell who was apparently pushed out just prior to the filing of the Securities Fraud suit which complained of insider trading, stock price manipulation and other malfeasance by eight current and former top Diebold executives.

O'Dell had earned criticism after sending a fundraising letter to Republicans, prior to the 2004 President Election promising to deliver the state of Ohio to George W. Bush, for whom O'Dell was a top supporter.

O'Dell was quickly replaced by the President of the Diebold Elections division, Thomas Swidarski, who is also named in the class action litigation.

Problems continue to plague the North Canton, Ohio-based company's Electronic Voting Machine division. Last Friday, The BRAD BLOG filed a detailed report on the newest security vulnerability to be discovered in Diebold touch-screen voting machines. This particular vulnerability, just the latest in a string of more than a dozen serious flaws to be discovered since last December, has been described as a "major national security risk" and last week forced the state of Pennsylvania to "sequester" all of their new Diebold touch-screen systems until an attempted "fix" can be applied to mitigate the problem...

Guest blogged by David Edwards of Veredictum.com

Hoekstra (R-MI): 'Every Intel Agency Will Be Under Control of Military'

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Republican Pete Hoekstra is Chairman of the House Intelligence Committee. He was one of the first to oppose the appointment of General Hayden as CIA Director during last Sunday's edition of Fox News Sunday.

This morning, Hoekstra continued to express stern opposition to Hayden's appointment in this interview from NBC's Today Show.

Fineman: White House Wants Domestic Spying Fight During Hayden Confirmation

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In an interview on MSNBC's Countdown, Howard Fineman says that the White House is welcoming a fight over Bush's Warrantless Domestic Spying programs during General Hayden's confirmation.

Karl Rove believes that the Democrats can be made to look weak on National Security if they continue to express concerns over the legality of their so-called "Terrorist Surveillance Program."

Flashback: General Hayden Defends His Domestic Spy Program

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On January 26, we posted this video of a press conference with General Michael Hayden at the National Press Club. Hayden was there to kick off a PR blitz defending the NSA's warrantless domestic surveillance program(s).

General Hayden has been the leading defender of illegal spying. He showed no reluctance in stepping into the role of political operative for the Bush Administration. As CIA Director, we can expect him to stifle Congressional oversight and further the consolidation of Executive power.

Guest blogged by David Edwards of Veredictum.com

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MSNBC's David Shuster has followed the Plame leak case as closely as any reporter working for the corporate media. Last night on MSNBC's Countdown, Shuster reported on the possible indictment of Karl Rove.

Lawyers familiar with the case say that Rove would have been notified that he was no longer a subject of the investigation if Fitzgerald were not pursuing an indictment. Fitzgerald referred to Karl Rove as "official A" in the indictment of Scooter Libby. Shuster reports that in every case where Fitzgerald has referred to a person as "official A", that person was eventually indicted...