Guest Blogged By Michael Richardson

The more we peel away the layers of the onion, the more we find that it seems to stink to to high heaven. The latest chapter in our continuing series on the hidden world exposed by the recent failures of voting machine test lab CIBER to receive "interim accreditation" from the U.S. Elections Assistance Commission (EAC), is no exception.

The EAC's current Chair, Donetta Davidson, seems to have a long, storied and increasingly well-documented history of silence concerning electronic voting machine test laboratory problems and has been an active partner with EAC Executive Director Tom Wilkey --- whose roll in this mess we've examined in detail in previous articles (here, here and here to link to just a few of our reports in this continuing series) --- in keeping the public uninformed about failures in the secret test labs.

Wilkey is at the center of the controversy surrounding a failure to disclose to both the public and election officials around the nation that CIBER, Inc.,, the country's largest so-called "Independent Test Authority" (ITA), was banned last summer from further testing of voting machines. As previously reported by The BRAD BLOG, Wilkey kept test lab problems hidden from public scrutiny for years in his earlier duties at the National Association of State Election Directors (NASED) where he was in charge of monitoring and qualifying the labs.

Davidson is now Wilkey's boss at the EAC where she landed after serving as Colorado's Secretary of State since 1999 where she was later tied to significant failures by that state in properly certifying electronic voting systems. A judge last year condemned the state's practices and ordered the state, effectively, to start over from scratch after the debacle. Over the years, the paths of Davidson and Wilkey have crossed many times because of their mutual roles in the hidden world of voting machine testing.

Davidson and Wilkey both have served together on the board of The Election Center, a non-profit group of mysterious background headed by R. Doug Lewis, which provided technical assistance, training, and lobbying support to NASED members. Lewis, a key player in test lab secrecy, mentored Davidson and Wilkey as they gained control of the ITA testing infrastructure.

Davidson has also served on NASED's Voting Standards Board, as chaired by Tom Wilkey, which qualified the test labs. The two kept in touch, Davidson in Colorado, Wilkey in New York, at conferences, via email, and over the phone. The conferences, often held in tourist destinations, were a special time for the two to get together...

Yes, there are Democrats in Orange County, California, apparently. At least they've invited me to speak to them tonight.

If you're one of them, or otherwise interested, please stop by tonight. Dinner is at 6pm, I start yackin' at 7pm. At El Adobe de Capistrano Restaurant, 31891 Camino Capistrano, San Juan Capistrano, CA. More details...

And now, the obligatory mention that I'd be equally delighted (if not more so) to speak to the Orange County, CA, Republicans if they ever feel like taking a break from voter registration fraud and switching voter registrations from Dem to Rep in order to invite me to speak to them.

The mini-road tour continues as we've finally returned from Arizona to the Golden State, even if we won't be back at The BRAD BLOG World News Headquarters until later this week/weekend. Thanks to all of the Guest Bloggers who have been carrying on so smartly in our stead as we've unable to man the front desk 24/7 as usual.

We'll be back at full strength soon. Until then, an Open Thread is likely in order. Consider this one of them. Comment away!

Guest Blogged by Alan Breslauer
If it sounds like fascism and looks like fascism, it probably is fascism. This harrowing six plus minute clip is cut from a recent Chris Hedges talk for American Fascists, his newly released book about the totalitarian Christian Nationalist Movement. Hedges believes that the movement has grown to the stage whereby comparisons to Germany in the early 1930s are not unjust. And he reminds Americans that even with the Nazis, the process was a "slow, gradual, almost imperceptible" erosion of society which went unnoticed until it was too late.

Particularly worrisome is that very few leaders, especially within the Democratic party, are "standing up and ringing the alarm bells." One leader who "gets it" is newly elected Senator Jim Webb, who understands the threat that economic dislocation and the creation of an American oligarchy pose to our democracy. It is hardly a new idea, Hedges points out, that the "disparity between the rich and the poor is the worst ailment that can beset any republic."

Another truism dating back to Athenian Democracy is "that the tyranny we impose on others we will one day impose on ourselves." And today we are a country only capable of speaking in the language of violence. That this violence has already begun to show up locally, whether in our prison system or Blackwater mercenaries patrolling the streets of New Orleans after Hurricane Katrina, should scare everyone.

Finally, Hedges worries that in the event of a crisis we will not have the organized power to stand up against them. In an unrelated story, the New York Times and most news outlets are printing bogus articles about Iran in what former administration officials believe is an attempt to spark a conflict.

*** Special to The BRAD BLOG
*** by Libby/CIA Leak Trial Correspondent Margie Burns

As the congressional report released in 2004 (referenced in previous blog) makes clear, if U.S. intelligence agencies were unable to connect Iraq to weapons of mass destruction before the war, it was not for lack of trying.

From May 2002 to September 2002, five documents were produced by the intelligence community pertaining to Iraq WMDs. A CIA briefing book prepared on May 10, a Department of Energy (DOE) intelligence report on July 22, and a Defense Intelligence Agency (DIA) intelligence assessment in September all mentioned the Niger uranium issue, although the DOE report included caveats. The US embassy in Niger cabled on June 24, 2002, about an IAEA (International Atomic Energy Agency) agreement safeguarding Niger uranium. A CIA paper was published on August 1, 2002, titled 'Iraq's Reemerging Nuclear Program,' but did not mention Niger uranium. (48)

As noted in the previous blog on this topic, investigation had ruled out any threat from Niger uranium in regard to Iraq. Evidently these efforts were not good enough. In September and October 2002, according to the Senate Select Intelligence Committee report, the White House contacted the intelligence community at least five times to clear language regarding alleged Iraqi efforts to purchase uranium. On September 11, 2002 "“ the first anniversary of 9/11 --- the NSC asked the CIA to clear uranium language for inclusion in a possible statement by Bush...

Guest Blogged by John Gideon, with additional reporting by Brad Friedman

"We can take a version of Sequoia's software program and modify it to do something different --- like appear to count votes, but really move them from one candidate to another. And it can be programmed to do that only on Tuesdays in November, and at any other time. You can't detect it," Princeton's Professor of Computer Science Andrew Appel explains in New Jersey's Star-Ledger today.

Like Diebold's touch-screen machines before them, Sequoia's voting machines have now been found to be hackable in seconds by a Princeton University professor who says the systems could be "easily...rigged to throw an election." Someone may wish to let the folks in Riverside County, CA, know since County Supervisors there recently issued a "thousand to one" bet that their Sequoia voting systems couldn't be manipulated.

In the same report, it was revealed that an attorney has filed suit, claiming the Sequoia AVC Advantage Direct Recording Electronic (DRE) voting machines used in 18 of New Jersey's 21 counties were never reviewed by the state before they were improperly certified for use and that Princeton's Appel was able to acquire five Sequoia voting machines for only $86. The same machines were recently purchased by the state for $8,000 apiece.

According to the Star-Ledger...

Venetis argues that the state certification is in violation of NJ state law which says such systems must "correctly register and accurately count all votes cast," be "of durable construction" to be used "safely, efficiently, and accurately."

The lack of documentation and testing, however, is hardly the only problem, as reported by the paper today. "Had the machines been tested," Election Integrity advocates have found, "they would have proved to be a hacker's dream."

Princeton Computer Science Professor Andrew Appel revealed that he bought 5 of the Advantage voting machines from an on-line government equipment clearinghouse for a total of $86. Virtually identical machines were bought in 2005 by Essex County New Jersey for $8,000 per machine.

"Appel had to submit only minimal personal information and a cashier's check to close the deal," the Star-Ledger reports. He and his team then put the 5 machines to good use...

*** Special to The BRAD BLOG
*** by Libby/CIA Leak Trial Correspondent Margie Burns

When the full history of bogus WMD propaganda is written, a few individuals and agencies in our government will stand out for having tried to be rational voices during the administration's juggernaut PR campaign to invade Iraq. Among these is the Bureau of Intelligence and Research (INR) in the State Department.

The whole Niger story, that Iraq tried to buy tons of unenriched uranium, called yellowcake, from the African nation of Niger, displays the chasm between genuine analysts on one side and weird administration war boosters on the other. This story, which birthed the famous 16 words in a State of the Union speech, led to former ambassador Joseph Wilson's trip to Niger, his subsequent criticisms of the administration, pundit Robert Novak's outing Wilson's wife as a CIA operative, at least two investigations into the leak --- with Novak and George W. Bush among those hiring attorneys "“ and the current trial of Lewis Libby, Vice President's former Chief of Staff.

The Report on the U.S. Intelligence Community's Prewar Intelligence Assessments on Iraq is 521 pages online (http://intelligence.senate.gov/iraqreport2.pdf; link down). Part II, on Niger, is pages 36-83. Numbers in parentheses, below, are the pages cited.

"Reporting on a possible yellowcake sales agreement between Niger and Iraq first came to the attention of the U.S. Intelligence Community (IC) on October 15, 2001," when the CIA Directorate of Operations (DO) passed along a report from a "foreign government service indicating that Niger planned to ship several tons of uranium to Iraq." At the time, all IC analysts regarded this forwarded cable to be limited and lacking in detail. The CIA, DIA (Defense Intelligence Agency), and Department of Energy (DOE) called it "possible." The State Department Bureau of Intelligence and Research (INR) regarded it as "highly suspect." (36) The INR turned out to be right...

*** Special to The BRAD BLOG
*** by Libby/CIA Leak Trial Correspondent Margie Burns

Just prior to the 2004 elections, The BRAD BLOG revealed a number of embarrassing White House moments that had been scrubbed --- in violation of the Presidential Records Act of 1978 --- from their website. Eventually, in the weeks just prior to the election, and after WaPo, AFP and other wire services picked up the story which broke here, they were forced to restore all of that information to the website. (Highlights from that series of reports here.)

Now it looks like they may be at it again.

Two years ago, I posted a piece at another web site on "Go ahead, Jeff," i.e. Jeff Gannon, actually named James Guckert, at White House press briefings. The White House web site has a search function of sorts, usable given the exact name or phrase as a keyword. My search term in February 2005 was Scott McClellan's phrase "go ahead, Jeff," meaning "“ as Jeff's sympathetic questions made amply clear "“ that McClellan was calling on mysterious White-House-press-pass person Guckert/Gannon, whose exact activities in the White House have yet to be clarified. I have tried to phone Mr. Guckert but probably have not gotten through.

The precise dates of those press briefings at which Mr. Gannon/Guckert had been explicitly called on, found at that time, were November 17, 2004; December 10, 13, 17 and 21, 2004; and January 10 and 25, 2005.

Now, belatedly running the same search this morning, I found further briefings with equally revealing questions posed by Mr. Gannon. However, the previous references to Gannon/Guckert appear to have been scrubbed...

Guest Blogged by Alan Breslauer
Don't trust bloggers! Chris Cillizza explains in his Washington Post blog the "potential perils" presidential campaigns face when hiring bloggers who, it turns out, usually have their own blogs where they write their own opinions. The controversy centers around Amanda Marcotte of Pandagon and Melissa McEwan of Shakespeare's Sister whom Tom Donohue of the Catholic League referred to as "two anti-Catholic vulgar trash-talking bigots" for their "hate-filled, blasphemous and obscene remarks" written before joining the Edwards campaign. Donahue, joined by Michelle Malkin and others on the right demanded Edwards fire the two bloggers.

But Edwards made the surprising decision to keep the bloggers considering that Donahue and Malkin are two of the country's foremost experts on "hate-filled" "obscene" "vulgar" and "bigoted" speech. Even the New York Times appeared to take their side writing Marcotte "used vulgar language" in a post last year on the Immaculate Conception. The paper of record also quotes from an unrelated Marcotte post about the Duke lacrosse players despite acknowledging it was written sarcastically about the news media:

Whether or not you find these statements unworthy of an employee of a potential president of the United States, can we all agree that there is an unprecedented amount of rank hypocrisy at play here? Imagine if mainstream media regulars like Bill Kristol or the New York Times' own Thomas Friedman were held accountable for past statements? And what about Malkin who, despite her vile rhetoric, appears regularly on Fox "News"? For truly "vulgar" journalism it is worth reviewing just about any 2002/2003 Judith Miller column in the New York Times.

Similarly, the Washington Post's Cillizza did not seem overly concerned about the hiring of Terry Nelson to run presidential hopeful John McCain's campaign printing nary a word about his checkered past. Clearly, links to Tom DeLay money laundering scandals and illegal phone jamming scandals that subvert democracy and result in four underlings receiving prison sentences are chump change when compared to the hate-filled words of McEwan who called George W. Bush's base "wingnut Christofascist."

Well, I'd hate to ruin my chances of being picked up by a presidential campaign. So, from now on I will not repeat McEwan's mistake and will only refer to Bush's base as "Christofascist wingnuts" and you'll never hear me making sarcastic statements about the MSM. Fact is, I don't know much about Anna Nicole Smith anyway.

Guest Blogged By Michael Richardson

The BRAD BLOG has learned that Thomas Wilkey, Executive Director (bio [PDF]) of the U.S. Election Assistance Commission (EAC), has now extended the deadline for CIBER, Inc. to qualify for interim accreditation to test the nation's voting machines, despite previously reported disastrous testing conditions over several years discovered at the lab.

Wilkey previously kept problems at the CIBER test lab hidden behind a wall of secrecy including the non-accreditation of the controversial "independent testing authority" (ITA) laboratory as discovered and revealed by The New York Times last month.

CIBER, the nation's most prodigious voting machine test lab, was banned from testing last summer when accreditation responsibilities shifted from the National Association of State Election Directors (NASED) to the EAC. However, the public and election officials relying on CIBER's testing where not informed of the ban until the Times disclosed the lab shutdown in January 2007, long after the elections in 2006 were allowed to move forward on CIBER's "tested" voting machines.

Even after the Times exposé, the EAC head kept the assessment reports [PDF], which detailed lab problems, secret until a subpoena threat by the New York State Board of Elections forced release of the reports. The assessments that Wilkey kept hidden from the public revealed a shocking history of sloppy, incomplete and non-existent testing.

Only after increasing pressure, including from Senator Diane Feinstein, to come clean about CIBER's failures, Wilkey wrote to the company on January 26, 2007 [PDF] giving them 30 days to correct the identified deficiencies. Now, as the deadline approaches, Wilkey has itemized the problems in need of correction by CIBER and extended the deadline [PDF] for them until March 5, 2007.

Wilkey, once again as expected, has been very kind to the company that he seems to have spent years protecting.

Meanwhile, in written testimony [PDF] Thursday to the EAC, David Alderman of the National Institute of Standards and Technology (NIST) explained why CIBER thus far has failed to gain a favorable recommendation from the NIST for future accreditation"”CIBER actually missed the application deadline...

*** Special to The BRAD BLOG
*** by Libby/CIA Leak Trial Correspondent Margie Burns

What did we learn from Tim Russert today, children?

Well, for one thing, we learned that Mr. Russert was interviewed "“ apparently willingly --- by the FBI about the CIA leak matter back in November, 2003. Under cross-examination by Libby defense attorney Theodore Wells, Russert disclosed that he had been questioned by FBI Special Agent Eckenrode, formerly the case agent for the Plame matter. Russert said that Eckenrode was the one who informed Russert that Libby had said he (Russert) was his (Libby's) source on the item that Mrs. Wilson, wife of former ambassador Joe Wilson, worked in the CIA. "Mr. Eckenrode shared with me what Mr. Libby had said."

Russert is on record as testifying firmly and clearly that he did not tell Libby about Mrs. Wilson; he was not Libby's source. Though he would do well to be equally clear and direct about everything concerning his involvement in the matter...

Guest Blogged by Alan Breslauer

Kurt Browning, the new Florida Sec. of State, says in the one-minute video clip at right that he's "physically and mentally exhausted from having to defend touch-screen voting systems."

That is, of course, a tremendous victory. Particularly in Florida. Particularly from a previously "ardent supporter of touch-screen voting systems" as he admits in the video.

"If voters don't have confidence in their voting systems, what do they have confidence in?" Browning smartly asks. To which we say, "Kudos!"

His statements dovetail smartly with new FL Republican Governor Charlie Crist's recently announced initiative to replace all DRE/touch-screen sysaskems in Florida with optical-scan, paper-based systems (though not for early voting or disabled voters, but we'll take what we can for now).

Nonetheless, Browning's "exhaustion" is a victory for you and democracy! Congratulations all! Keep up the good work! There are many out there who still need to be exhausted!

Now if we could just get the Democrats and some of their knee-jerk supporters out there to see the same light, perhaps we'd be closer to do the day when we can finally declare: "Touch-Screen Voting - Game Over!"

(Hat-tip Jeannie Dean, both for the video and her tireless work down there in Sarasota!)

I'll be speaking tonight to the Pima County Democratic Club at 6:30pm. If you're in the Tucson 'hood, please stop on by!

It's at the Pima County Dem Headquarters:
4639 E. 1st St. (1 blk S. of Speedway & Swan), Tucson AZ
More details here...

NOTE TO PIMA COUNTY REPUBLICANS: I'll be in the area for a few more days, and if you'd like me to come and speak to your folks about Election Integrity, I'd be delighted to! Certainly you're also concerned about same, right?

Guest Blogged by John Bonifaz

Ed Note: John Bonifaz is a constitutional attorney, the founder of the National Voting Rights Institute and a Senior Legal Fellow of Demos' Democracy Program. He further serves as co-counsel for VoterAction.org on behalf of the voter plaintiffs in the Sarasota FL-13 case.

Earlier today, The BRAD BLOG posted a short article about the new Holt Election Reform bill in the U.S. House urging readers to read it before either endorsing or rejecting the legislation. We hope to have a thorough analysis of the bill in the coming days and weeks. For now, Mr. Bonifaz, given his background, credentials and current work on the FL-13 case, provides a useful and important perspective on the new legislation.

Today, Congressman Rush Holt introduced H.R. 811 [PDF], a bill trumpeted as requiring "a voter-verified permanent paper ballot." But before we all jump on this train as the new guarantee that our votes will be properly counted in future elections, we ought to beware of the warning flag. A paper trail from DRE (Direct Recording Electronic, usually touch-screen) machines cannot protect the integrity of our elections.

Here's the bottom line: The DRE technology is fundamentally flawed for recording and counting our votes. The Holt bill, unless amended, will further codify into law the use of this technology, piling onto the disaster of HAVA (the Help America Vote Act of 2002) a new disaster.

Florida Governor Charlie Crist recently announced proposed state funding to replace DREs in the state with optical scan machines for election days and Florida is moving forward on certifying the AutoMARK machine, a ballot marking device NOT a direct recording device. New Mexico has already moved away from DREs and has a blended system of optical scan machines and AutoMARK. New York may soon go that way, as may California and Ohio.

Why, in the face of this movement in the states, should we embrace a bill in Congress that allows for the continued use of DREs? Yes, optical scan can also be vulnerable to being hacked, but at least with optical scan, there are still paper ballots (marked by hand or by a ballot marking device) that can be audited or recounted to ensure that our votes are properly counted. DREs provide no such guarantee.

Yes, the Holt bill tries to say it is requiring a paper ballot even for DREs, but, in the end, a DRE "paper ballot" is nothing more than a paper trail, which requires voters to verify their votes after they have cast them in the DRE machines. Studies show that most voters will not spend the time to verify their votes after casting them into DRE machines. Thus, the "voter-verified paper ballot" is a fiction when it comes to DREs.

If none of this is convincing, we need to look no further than Sarasota, the current epicenter of this debate. A "voter-verified" paper ballot or paper trail in Sarasota would not have erased the problem with the 18,000 missing votes in the FL-13 congressional election. With most voters not verifying their votes, most of those missing votes would still be missing --- and with no way to recover them and derive voter intent.

As Brad Friedman rightly says, placing a paper trail on DREs is like placing a seatbelt in the Ford Pinto. The Pinto will still explode --- so what is the point of installing a seatbelt?

We can and we should press for the principled position here: an amendment to the Holt bill that would ban the continued use of DREs and require a real paper ballot. Otherwise, we're going to wake up in 2008 realizing the new disaster we helped to create.

Blogged by Brad from the road...

As is too often the case, the proverbial shit seems most likely to hit the erstwhile fan whenever we're on the road and unable to cover the splatter sufficiently. This week has been no exception.

There is much movement in Ohio today as Michael Vu, the Election Director for Cuyahoga County, where two Election Officials were convicted two weeks ago of having rigged the 2004 Presidential recount, has now finally resigned from the Board of Elections after what is hopefully his last failed election.

The official BoE statement generously says: "Michael Vu has chosen to pursue future career growth and will resign as director of the Cuyahoga County Board of Elections March 1 of this year."

In related news --- and speaking of failed elections and "future career growth" --- the office of the new Ohio Secretary of State, Jennifer Brunner, has now officially requested an audit of the SoS's office over the last two years as it was led by the corrupt former SoS and democracy-hater J. Kenneth Blackwell.

In addition to the $80,000 in bonuses given to employees on the way out the door, and the $250,000 settlement Blackwell agreed to concerning the 2004 Election last December (as we reported two weeks ago), Brunner expressed a new concern in her hand-delivered letter to the Republican State Auditor Mary Taylor: Shredded documents.

As reported today by the Columbus Dispatch:

Blackwell shredding documents?! We're shocked! Shocked!