Guest blogged by Winter Patriot

Today's Washington Post has an excellent piece by Dick Thornburgh (former Republican governor of Pennsylvania) and Richard Celeste (former Democratic governor of Ohio). I'll give you a short excerpt but I urge you to read the whole thing.

As I've been saying, there's more.

Blogged by Brad from the road...

In addition to Emily Levy's coverage here on Friday night, and Winter Patriot's coverage last Thursday (which includes actual briefs and letters filed in the case), Miriam Raftery filed a superb summation at RAW STORY today of where the Busby/Bilbray CA50 Election Contest stands as of last Friday's hearing. She includes several details which the Guest Bloggers here hadn't previously touched on --- including details on the defendants' attempts at a frivolous "SLAPP suit" against the plaintiffs --- so we recommend giving her piece a quick read.

The Judge on the case in San Diego, Yuri Hofmann, is to decide tomorrow on the defense's argument that the case should be tossed out on jurisdictional grounds because, they argue, the Constitution gives the U.S. Congress --- not California voters or California courts --- the right to ultimately adjudicate such election challenges...even before, as in this case, the election was actually certified by the county or the state. No, seriously, that's what Brian Bilbray's attorneys are actually arguing. Out loud.

Astute BRAD BLOG readers will recall my last bout with the far-right "conservative" Crane Durham on St. Louis' 97.1FM Talk on his ironically named "Nothing But Truth" radio show. Durham had invited me for his "Tuesday Night Fights" on the Fox News Radio affiliate station in my old hometown. And though I had thought the conversation would be about Electoral Integrity, it was instead about the war and whether or not Valerie Plame was indeed a covert CIA agent. Last time around we cleaned Crane's clock --- in both our own opinion, and that of all of his far-right listener/callers to boot! Even Durham himself, to his credit, admitted that he'd been bested. "I feel like Foreman after Ali," he would say after I hung up. Some fun radio here if you missed it the first time.

As I'm now in St. Louis myself for a few more days, Durham's peeps have invited me back for an in-studio mano-a-mano this time around. And so, I look forward to getting it on once again, this Tuesday night at 10pm PT (Midnight in St. Louis, Wed. 1am Eastern Time). Please feel free to tune-in online to see how things go. Should be fun. Will he best me this time? We'll see. I've been on the road for about a month, and thus, infrequently online in the bargain. So perhaps he'll have an advantage. He could use it.

Feel free to call-in to say hello (866-455-9797) if you wish. It'd be a nice change of pace from Crane's usual wingnut listeners!

Blogged quickly from the road by Brad...

I had to check in briefly for this one! Even while "out here" and still unable to do very much "in here". And especially with the Florida primary elections set for next Tuesday, September 5th.

The Daytona Beach News-Journal has endorsed Clint Curtis for next Tuesday's election over his primary candidate Dr. Andy Michaud who has shown up at almost ZERO campaign events over the last several weeks. He even failed to show up for a televised debate a week or two ago.

The News-Journal's full endorsement is fairly well done. They quickly cover Curtis' allegations (broken originally by The BRAD BLOG back in December of 2004) that Rep. Tom Feeney (R-FL) --- then the Speaker of the Florida House even while he was the registered lobbyist for the same computer firm Curtis worked at --- asked Curtis to create a computer vote-rigging prototype program back in 2000. Curtis now hopes to unseat the corrupt Feeney this November.

The last two grafs of their endorsement...

As The BRAD BLOG has covered the Curtis/Feeney claims extensively over the past two years (a quick summary of his story is here) and has yet to find a hole in Curtis' story --- though we have found one after another in Feeney's considerable dodges and dances and smears and refusal to take a polygraph test (as Curtis did and passed!) --- we join the News-Journal in heartily endorsing Curtis in the upcoming election.

Given Feeney's huge money advantage, we also recommend you support clean elections by supporting Clint Curtis with a donation if you can afford it. Feeney, who was/is a huge supporter of Tom DeLay's, "Duke" Cunningham and Bob Ney, will have plenty of money, of course, as he's the only Congressman left in the House who went to Scotland to play golf on Jack Abramoff's dime now that DeLay and Ney have had no choice but to move on.

Guest blogged by Winter Patriot.
Research assistance by Agent99.

British authorities investigating the alleged "liquid bombing plot" released two more (suddenly former) suspects last Thursday, charged one person, bringing the total now charged to 12, and extended the custody limit for the remaining suspects who are still being held without charges.

One of the two people released Thursday (August 24) had previously been described as "a potentially important figure" in the alleged plot, since his brother is (or was) supposedly the ringleader.

Allo, London? We're getting mixed messages here!

But then again ... what else is new?

Here's a welcome announcement from C-SPAN:

I was wondering if the 11:00 pm meant Eastern time, or what it did mean, and just as I was doing that, ka-blam: new email:

So now you know more than I do, and we're not even halfway through.

Guest blogged by Winter Patriot

I have been so busy (doing nothing) that I didn't even notice how long --- and how far down the page --- the most recent open thread is. Ah, life!

Fortunately, Agent 99 sent me a gentle reminder that it's about time for a new one --- and a great pic to get us started.

Guest bloged by Emily Levy

Judge Yuri Hofmann announced in his San Diego courtroom today that he will take the constitutional and jurisdictional matters of the CA-50 election challenge case under advisement and issue a ruling next Tuesday, August 29.

The first item up for consideration today in the election contest filed by Attorneys Paul Lehto and Ken Simpkins on behalf of two San Diego voters (and truly on behalf of all of us) was a defense motion for dismissal. Defense claimed that the San Diego court has no jurisdiction in this matter because the Constitution says, “Each House shall be the judge of the elections, returns and qualifications of its own members…” (Article I, Section 5). In other words, The House of Representatives gets to pick its members. (Who really needs elections, anyway?)

Lehto, in response, argued--as outlined here--that if the court has no jurisdiction, then Registrar of Voters Mikel Haas also had no jurisdiction to certify the election, given that certification happened after Bilbray was sworn in. (Yes, you heard that right.)

The defendants also argued that the court has no jurisdiction because plaintiffs had abandoned their recount efforts. According to Lehto, the request for a recount was filed properly within five days of certification of the election. Lehto says, "Jurisdiction was created by filing. That's all the statute says. There is no abandonment rule."

The judge is expected to rule on both the constitutional and jurisdictional issues on Tuesday.

From the courthouse by cell phone plaintiff Barbara Gail Jacobsen reported, "Paul Lehto and Ken Simpkins represented us very well today in court. Lehto said it's invading the sovereignty of the State if someone swoops in and swears the person in and then says there’s nothing you can do. I thought he made some very good arguments about upholding checks and balances in our system and standing up for the right of the people to make sure that elections are accountable. We the People of this country decide on who is going to represent us, and it’s through making sure that our elections are sound that we can know for sure that we have elected people that we want to transfer power to. In this particular case what Paul Lehto was trying to say is that the people's right to know if the election was properly carried out is being blindfolded and taken away by the other side."

We can only hope that before Tuesday Judge Hofmann will have the opportunity to read the rest of the Constitution. It could be enlightening.

Donations are still needed for the lawsuit and other efforts in California’s 50th District to fight the illegal June 6 election. For more information, go to nosleepovers.org.

UPDATE: We have another report of the day's proceedings, this one from Judy Hess of CA 50 Action Committee:

Blogged by the road (from St. Louis, Missouri) by Brad...

As we wait for the results of the hearing today in the Busby/Bilbray CA50 Election Contest (see this story on the latest absurd claims from the defendants arguing that the U.S. House, not the voters of California get to decide who will be the "winner" of the election) and as I prepare to meet today with folks from the Missouri Honest Elections group, this story was brought to my attention.

No, it wasn't a "sore-loser" who requested the hand "recount" in Missouri's recent primary election for State Auditor. It was a Republican. As we know, only Democrats are "sore-losers" when they ask for such things.

To underscore that point, the following quotes are from an AP report on the matter. AP never bothered to report on the requested hand count in the Busby/Bilbray election, or even on the fact that a contest and lawsuit have now been filed in California Superior Court! We suppose that matter, since it was a Democrat who may have been screwed by the machines --- never mind that it was a federal race determing a new U.S. House member, versus a primary for a state election --- is just not to be considered newsworthy by the AP.

Anyway, Republican Jack Jackson reportedly came in second to Republican Sandra Thomas after the machine count of votes in the Missouri Republican Election to determine the Republican candidate for State Auditor. Jackson received a few reports of problems throughout the day, and so --- responsibly --- has asked for a full hand count and, according to AP says, "Whatever this recount shows, I will accept...[But] right now, I am still a candidate."

We agree.

Does Jackson's opponent Thomas consider him a "sore-loser" for making the request? Of course not. Jackson's a Republican...

Of course, Missouri has no idea what to do now. Does a recount mean they simply push the button to get the same numbers again from the same new electronic voting machines they used to get their numbers the first time? Or does it require a full manual hand count of the paper ballots and "paper trails" as the candidate has requested? Again, election officials find they have no laws for the new voting systems they have now irresponsibly decided to use.

The Democratic Secretary of State, Robin Carnahan, will decide. We hope she makes the right decision and allows for a full hand count. The voters of Missouri (my old hometown) deserve no less.

Guest blogged by Winter Patriot

UPDATE: We have a live update from the courthouse. You can see it at the bottom of this post

We haven't been covering the CA50 Election Mess as often as in the recent past --- while Brad's been on the road and otherwise occupied --- but we have been keeping our ears to the ground, so to speak. (Yes, they get dirty, but so what? We can hear things coming before they happen. It's cool; you should try it.)

My friends, we have been hearing distant rumblings of great power. To get you up to speed quickly...

The CA50 U.S. House special election between Francine Busby and Brian Bilbray was held on June 6, on illegal Diebold voting machines as has been reported here many times. (Click here for a good recent summary of the situation.) On June 13, Bilbray was quickly sworn in to the House of Representatives while thousands of votes were still being counted back in San Diego. (This surprised and angered many voters, especially since a poll taken three weeks before the election showed Busby ahead by 7%.) On June 29, the election was finally certified --- in favor of Bilbray --- by the Registrar of Voters Mikel Haas.

The election was contested on July 29 after Haas refused to allow for a hand count of the ballots, as allowed by California state law. And on August 22, defendants filed a brief in the case to dismiss, stating that because Bilbray has already been sworn in (by the Republican House of Representatives,) the California Court has no jurisdiction whatsoever and the House has exclusive jurisdiction to judge who its members are and the qualifications of those members.

According to an email sent to The BRAD BLOG this evening from attorney Paul Lehto...

So there you have it. This is the stick with which Paul Lehto is trying to beat a corrupted electoral machine back into shape.

Here's Lehto's brief responding to the absurd position [PDF] taken by the defendants in this case.

The judge is set to give his decision on the jurisdictional matter Friday, determining whether or not the case will be tossed out based on the argument of the defendants. The court hearing on this matter begins at 1:30 p.m. Pacific time in San Diego.

UPDATE... Michael Collins at Scoop has more. And now, so do we --- below the fold...

Guest Blogged by John Gideon

Tonight Kitty compares the paperless Direct Recording Electronic voting in Maryland to the potentially auditable and verified electronic voting in California. Guests were Dan Wallach of Rice University and California State Senator and Secretary of State candidate Debra Bowen.

The text-transcript of tonight's segment on Lou Dobbs Tonight follows in full...

Guest Blogged by Joy & Todd Williams

Representative John Conyers (bio) has served in the U.S. House of Representatives for over 20 terms, having represented the 14th Congressional District in Detroit since 1964. For all those years he has fought for our democracy. From his website: “In his role on the Judiciary Committee, Representative Conyers has introduced and endorsed legislation to advance civil liberties, ensure equal protection and access to the voting booth and combat violence against women.”

In July of last year he led a citizens' movement to deliver 500,000 signed petitions to the White House which questioned George Bush about his attempt to “fix the facts around the policy” as revealed in the infamous “Downing Street Memo”. This “fixing of the facts” eventually led to the U.S. invasion and occupation of Iraq.

Additionally, he held hearings about the Ohio voting irregularities during 2004, and published What Went Wrong in Ohio which enumerates most of the irregularities and abuse of the election process in that state. He has now published a new book, Constitution in Crisis, which documents the Bush administration’s violations of the Constitution in over 26 different categories, and in many cases multiple violations within each category.

You can support Representative Conyers' Campaign here as he will become the chair of the powerful U.S. House Judiciary Committee if the Democrats, by some fluke of nature, take the majority this November.

I had the pleasure of interviewing him a couple of weeks ago while he was en route to the airport to return to his constituents during the Congressional break. He’s a very gracious, experienced and thoughtful representative of the 14th district and for all Democrats everywhere.

Our exclusive interview with the good congressman follows...

Guest Blogged by Winter Patriot

Unconfirmed reports suggest that one Brad Friedman, the partially well-known investigative blogger, staunch Election Integrity advocate and all-around good-guy, (also allegedly "proprietor" of this very blog), may have met with "representatives of several prominent organizations" at a series of events "sponsored" by the DNC in Chicago last weekend.

We have additional "photographic evidence" of these alleged meetings: four photos which, according to usually reliable sources, were made by Friedman's putative girlfriend, Desi Doyen.

The "authenticity" of these photos has not yet been verified, and it may never be. The "chain of custody" appears to have been broken, several "security mitigation procedures" appear to have been ignored, and the "security seals" on three of the four photos appear to show signs of possible tampering. But we will post them below, since they may be of interest to the usual gaggle of conspiracy theorists who have nothing else to work on at this time.

You can click on the small photos below to see larger images.

Guest Blogged By John Gideon

Election Science Institute (ESI) of San Francisco, California was paid $341,000 by Cuyahoga Co., OH to investigate why the county had so many problems with their voting system in the May 2006 election. Were the problems really all human or were the machines at fault? ESI finally issued a report last week that had plenty of blame to go around between poll worker training problems to voting machines that could not add votes, counting devices that didn't match up on the same machine and, in several cases, machines that registered no votes at all.

Of course Diebold Elections Systems Inc. immediately denied that there were any voting machine problems at all as they blamed all problems on voters, poll workers, and election administrators. As reported earlier on The BRAD BLOG, Diebold also received nearly instantaneous assistance from "outside" sources who obfuscated in their reporting of the problems, singling out the issues concerning the voter verified paper audit trail (VVPAT) and ignoring everything else that was in the report.

Now county elections officials seem to have decided that they don't like the results from the investigation they paid for, as done by ESI, so they are throwing ESI under the bus while they run to defend Diebold. Suprised? Apparently they don't want to have to explain why they spent millions of dollars for a voting system that is flawed. Or perhaps Diebold applied pressure to their partners in crime at the Cuyahoga Board of Elections.

In either case, Columbus Dispatch reported yesterday morning that Diebold and the County have worked everything out, and it's all just fine after all...

Blogged by Brad from the still-long and still-winding (and still very hot) road...

"They're dumb as shit."
-- Donna Brazile to Rolling Stone for an article this week, discussing her frustration with the Democratic Congressional Campaign Committee (DCCC) and making the party understand the need to be vigilant during Election 2006.

"Fuck you."
-- Donna Brazile to an Election Integrity Advocate at the annual DNC gathering last weekend in Chicago after being asked where the party was in Ohio after Election 2004.

Such were the contradictions and dysfunctions on parade last weekend in Chicago where I was invited to address a panel on Electoral Integrity at the DNC's annual gathering of state party chairs. What a mess.

The Rolling Stone piece referenced above, by the good Tim Dickinson, is not currently online. But it's from the Aug. 24 issue of RS on newsstands now. It asks "Will Democrats Fight Back?" The answer, as Dickinson reports, is a decisive maybe, probably not, things don't look so good, we hope so but kinda doubt it.

While it'd be nice to give you an encouraging report from the DNC meeting of how the Dems have finally figured out what the hell is going on here --- how they are going to get out in front of this electile dysfunction thing, take the offensive, become proactive and lead the way in becoming the party which stands for vigilance, Electoral Integrity and the assurance that every vote will be counted and counted accurately --- I can't give such a report.

Yes, there are some good things going on there. One of the most notable being Greg Moore who is now the Director of the DNC's Voting Rights Institute. He gets it. Moore was responsible for all of the Election Protection-related events over the weekend. It seems he's been fighting heroically from inside the power structure to wake the Dems up as to what is going on. He's the one responsible for the historic DNC statement a few weeks ago calling for a full handcount in the illegally administered Busby/Bilbray U.S. House Special Election in California's 50th congressional district. But it's clearly been a difficult fight. And last weekend's events made that crystal clear...