Oops. Bill O'Reilly is "furious". So you know what that means, of course. Fox "News" gets it wrong again...

Asociated Press and ABC both cover the Judiciary Hearings with John Tanner today, leading with his tepid apology: "I want to apologize for the comments I made at the recent meeting of the National Latino Congress about the impact of voter identification laws on elderly and minority voters … My explanation of the data came across in a hurtful way, which I deeply regret."

His data were fine (they weren't), just that his explanation was hurtful.

The head of the DoJ's Civil Rights Division Voting Section's apologia comes in response to comments made on a video tape that, according to both AP and ABC, apparently created itself, reported itself, and then posted itself on YouTube.

We suppose their lack of attribution of the original source for both the video and reporting thereof (by your friendly neighborhood BRAD BLOG) of comments that led to several hours of hell-raising testimony and confrontation in the U.S. House Judiciary Committee today is a step up from the DNC's version.

In the statement they released yesterday from Howard Dean and Donna Brazile, calling for Tanner to be fired, they attributed the comments to FoxNews.com. Very thoughtful.

Luckily, we are so well off here at The BRAD BLOG, so flush with overflowing resources, as based on the world-wide MSM recognition of the credibility of our work, we don't need the DNC to recognize us for having handed them Tanner's head on a silver platter via our elbow grease at our own expense.

Rupert Murdoch, on the other hand, can use all the help he can get. If we're able to raise enough for this month's rent on our latest premium offer, we'll be sure to send whatever is left over to him. Happy DNC?

(Can you tell I'm rolling on little more than 3 hours' sleep today? Okay, done with my whining for tonight. Maybe.)

UPDATE: The Hill reports "CBC (Congressional Black Caucus) members pummel Department of Justice official" and NPR covers as well. They credit no one for the original reporting. Which is preferred to crediting "a Youtube video."

Here's NPR's coverage, with audio of some of the best Tanner spankings today (appx 4 mins)...

UPDATE: 10/31/07: PBS News Hour covered last night as well. And includes an appropriate attribution. In case it's not clear, the attribution is not because we need ego strokes or pats on the back. It's so that bad guys, in the future, are less able to say "Oh, that explosive report exposing us came from a blog, and we all know that blogs aren't credible." When said blog has been credited as credible by folks such as AP, ABC, and yes, even the DNC, it makes it much more difficult for those bad guys to duck accountability using the "just an Internet blog" defense.

Here's the PBS News Hour's coverage (thanks to Alan Breslauer!) from last night:

...Though the video coverage we've seen, by far, comes today from the Washington Post. Check it out right here...

Rep. John Conyers (D-MI), chairman of the U.S. House Judiciary Committee, issues a statement in response to today's extremely contentious subcommittee hearing with star-witness John "Minorities Die First" Tanner. We live-blogged the hearings here (now updated with videos!)

Conyers had said, at one point during the hearing in response to Tanner's "all is well" testimony: "I hope that you will take what is directed at you as constructive, because the one thing I am concerned about is that we stop having happen what has happened since the 2000 elections. And then you come here to stagger our imagination by telling us that 'it's never been better,' its never been worse!"

His post-hearing statement, which follows in full below, concludes notably: "We have clearly reached the point where the status quo is unacceptable."...

All criminal charges against Andrew "Don't Tase Me, Bro" Meyer have now been dropped in exchange for an apology from the 21-year old student. We guess he didn't "incite a riot" after all, as originally charged by the police [PDF] who tasered him.

AP covers here. NYTimes covers here.

Meyer, however, remains defiant, and stands by the line of questioning that got him tased (inappropriately, in our opinion) for asking three questions of Sen. John Kerry during a recent, now-infamous, event at the University of Florida (video here).

On his website today, now that he's out of hot water, Meyer posts a number of opinions including...

• Tasers are bad: "Tasers are not 'non-lethal.' Since June 2001, more than 150 people in the United States have died after being struck by tasers. I do not believe a taser should have been used on me..."
• Democracy is good: "We talk about fighting for democracy in Iraq. What about fighting for democracy at home? There is nothing more central to democracy than the right to vote, and while Americans are fighting and dying for democracy in Iraq, democracy in America is dying without a fight. America, our voting rights are being stolen from us..."
• Our elections aren't fair: "Not only might your vote not count, but the "frontrunners" have already been decided for you. Why is anyone a "frontrunner" yet? No one has voted. ... The media, which is controlled by a few men, is deciding the agenda for the entire country..."
• Forget about "Liberal" vs. "Conservative": "The United States have been divided. The country has been split into 'left vs. right,' 'Red state vs. Blue state,' 'CNN vs. FOX News.' This is all false division..."
• Candidates on both sides are ignored: "The media has time all day to talk about Britney Spears or Lindsay Lohan, but millions of Americans have never heard the names Mike Gravel or Ron Paul..."
• Stolen Elections: "The will of the American people was subverted in both the 2000 and 2004 elections..."
• Wake up, America: "[D]emocracy depends on a free and fair election. If we the people do not decide the elections, than we the people are not living in a democracy. The problems of 2000 and 2004 have not been fixed. In fact, they have been expanded..."

Love him or hate him, we can't say we disagree with any of Meyer's general points. And we won't be issuing an apology about that.

Also not issuing apologies: Kerry and the majority of the students at the event who sat by and took no action as Meyer screamed in pain while being inappropriately tased by six police officers.

The Florida Police, however, acted appropriately according to a Florida Police review of the Florida Police actions. So we guess everything is just hunky-dory.

We're up before the West Coast dawn this morning to monitor the hearings in the U.S. House Judiciary's Subcommittee on the Constitution, Civil Rights, and Civil Liberties featuring John "Minorities Die First" Tanner. His recent objectionable comments were originally video-taped and reported by The BRAD BLOG several weeks ago.

The most objectionable of those comments including his contention that it was a "shame" that elderly voters might be disenfranchised by a 2005 Georgia Photo ID poll restriction that he approved on behalf of DoJ and against the advice of four out of five of his career staffers, minorities would somehow benefit from it. His twisted reasoning was that "because our society is such that minorities don't become elderly. The way white people do. They die first."

Tanner, incredibly, is still the Chief of the Voting Section in the DoJ's Civil Rights Division.

It's being carried live and webcast on C-Span 3, as well as via the Judiciary Committee's own webcast.

Major points in our story so far...

• 10/8/07: BRAD BLOG video exclusive of objectionable comments made on 10/5/07 (thereafter picked up far and wide in the media).
• 10/9/07: Tanner's former colleagues say comments "false", "ludicrous", "cherry-picked".
• 10/12/07: Conyers pissed off about comments, and Tanner's earlier whitewashed "investigation" of Ohio 2004 election.
• 10/19/07: Obama writes Acting AG to demand Tanner be fired.
• 10/19/07: DoJ defends Tanner to AP. Says comments "grossly misconstrued".
• 10:24/07: Rep. Nadler says "obviously, he should be fired"
• 10:26/07: Kennedy writes Mukasey, asking if he'll review Tanner's record to consider firing if he's confirmed.
• 10/29/07: DNC calls for "immediate firing" of Tanner.
• 10/29/07: Tanner apologizes (sort of) for comments.

Beyond that, Progress Report has an excellent round up of Tanner's "Erosion of Voter Rights" during his tenure.

The hearings have now ended, but our notes from our Live-Blogging of today's hearings are below, along with video clips of the key, and most pointed exchanges...

John Tanner, chief of the DoJ Civil Rights Division's Voting Unit, has not yet been fired. But he is sorry:

The apology, sent last Friday, becomes public on the eve of his testimony before the U.S. House Judiciary Committee tomorrow morning (Tuesday) at 10am ET, and just after the DNC joined many others early today in demanding he be "immediately fired." Tanner's sorry note was sent to a few folks just after Senator Barack Obama called on the Acting Attorney General to fire him. Several others have followed suit since.

Paul Kiel, who notes that "Tanner does not recant his analysis that voter ID laws actually discriminate against whites, but does apologize that his 'explanation of the data came across in a hurtful way,' has the scoop on the apology. It was sent to some of the attendees at the National Latino Congreso earlier this month where The BRAD BLOG video-taped and reported his objectionable, and incorrect, comments on restrictive Photo ID laws he's approved at the DoJ.

He had claimed such laws were just fine by him since, though they may disenfranchise some elderly voters, "minorities don't become elderly the way white people do. They die first."

In advance of tomorrow morning's House Judiciary Committee hearing to feature testimony by DoJ Civil Rights Division Voting Section chief John "Minorities Die First" Tanner, DNC Chair Howard Dean and Donna Brazile of the DNC Voting Rights Institute have issued a statement calling for Tanner to be "immediately fired."

"In their latest scheme, the Republican Administration has manipulated the mission of the Department of Justice, firing US Attorneys who were unwilling to pursue phony 'voter fraud' cases, and politicized the Civil Rights Division," the statement (posted in full at the end of this article) reads.

The release goes on to decry the politicization of the Bush Department of Justice, and what is described as their "outright assault" on the right to vote.

"Tanner's outrageous comments underscore the GOP's utter disregard for the integrity of our nation's election system and are an affront to the spirit of the Voting Rights Act," Dean and Brazile said, before declaring that the embattled Voting Rights Section chief "should be fired immediately and replaced with someone who will work to make sure that all citizens are able to vote and have their vote counted."

They call on Judge Michael Mukasey, if he is confirmed as the next Attorney General, to "commit to replacing Tanner with someone who will protect our rights, not ignore them for a partisan agenda."

As The BRAD BLOG recently reported, however, Mukasey made clear in his recent Senate Confirmation hearings that he does not object to restrictive polling place Photo ID laws which critics contend may disenfranchise anywhere from 10 to 30 million largely Democratic-leaning voters who do not have such ID.

Previously, Senator Barack Obama (D-IL) and Rep. Jerrold Nadler (D-NY) have called for Tanner's firing. Senator Ted Kennedy (D-MA) wrote Mukasey last week to ask if he will review the matter and consider the termination of Tanner.
Tanner's objectionable comments were made several weeks ago during a panel discussion on Photo ID issues at the National Latino Congreso in Los Angeles. Tanner, who approved a controversial Georgia Photo ID law on behalf of the DoJ against the advice of the majority of the career staffers in the Voting Rights section, admitted the law would disenfranchise some elderly voters and added that while that was a "shame," minorities would somehow be positively affected by such laws since "they don't become elderly. They die first."

(A short clip of Tanner's comments is posted at left.)

The Georgia ID law was later found unconstitutional and overturned by two federal courts that compared the restriction to a modern-day Jim Crow-era poll tax.

Paul Kiel at TPM Muck has a few more thoughts in advance of tomorrow's Judiciary Committee hearings.

Though Tanner comments were originally video-taped and reported by The BRAD BLOG, the DNC press release credits Fox News.com (thanks guys!).

UPDATE: Tanner apologizes for remarks! Sort of...

The complete DNC statement from Howard Dean and Donna Brazile as just issued, follows below...

-- By Brad Friedman

Attention CBS 60 Minutes: we've got a huge scoop for you. If you want it.

Remember the exclusive story you aired on Sibel Edmonds, originally on October 27th, 2002, when she was not allowed to tell you everything that she heard while serving as an FBI translator after 9/11 because she was gagged by the rarely-invoked "States Secret Privilege"? Well, she's still gagged. In fact, as the ACLU first described her, she's "the most gagged person in the history of the United States of America."

But if you'll sit down and talk with her for an unedited interview, she has now told The BRAD BLOG during an exclusive interview, she will now tell you everything she knows.

Everything she hasn't been allowed to tell since 2002, about the criminal penetration of the FBI where she worked, and at the Departments of State and Defense; everything she heard concerning the corruption and illegal activities of several well-known members of Congress; everything she's aware of concerning information omitted and/or covered up in relation to 9/11. All of the information gleaned from her time listening to and translating wire-taps made prior to 9/11 at the FBI.

Here's a handy bullet-point list, as we ran it in March of 2006, for reference, of what she's now willing to tell you about.

"People say, 'why doesn't she just come forward and spill the beans?' I have gone all the way to the Supreme Court and was shut down, I went to Congress and now consider that shut down," she told The BRAD BLOG last week when we spoke with her for comments in relation to our story on former House Speaker Dennis Hastert's original attempt to move a resolution through the U.S. House in 2000 declaring the 1915 massacre of 1.5 million ethnic Armenians in Turkey as "genocide."

"Here's my promise to the American Public: If anyone of the major networks --- ABC, NBC, CBS, CNN, MSNBC, FOX --- promise to air the entire segment, without editing, I promise to tell them everything that I know," about everything mentioned above, she told us.

"I can tell the American public exactly what it is, and what it is that they are covering up," she continued. "I'm not compromising ongoing investigations," Edmonds explained, because "they've all been shut down since."

NOTE: THIS PREMIUM OFFER HAS NOW ENDED. THANKS TO THOSE WHO CONTRIBUTED! WATCH FOR MORE IN THE NEAR FUTURE!

One of the finest and most uplifting (yes, uplifting) Election Integrity documentaries that I've seen to date is about to be released. It's Uncounted: The New Math of American Elections by Nashville filmmaker David Earnhardt, and he's been kind enough to offer The BRAD BLOG a number of signed copies of the DVD as premiums, for $50 donations or more, to help support our efforts here.

(DISCLOSURE: Yes, I was interviewed for and appear a number of times in this film, but we recommend you watch it anyway!)

Earnhardt began the project in early 2005 at the Nashville Election Reform Summit, and has been trekking the country every since to highlight the story of the 2004 disaster, the 2006 meltdown, and --- far more importantly --- what is happening, and what can be done to protect our democracy in 2008.

"This is not about the past. It's not about '04, or even 2006, it's about 2008," Earnhardt told me today. "The film is meant as a major call to action." And on that level, in every version that I've been able to see (a very early version was released as Eternal Vigilance prior to the '06 Election), the film does exactly that. I believe you will want to stand up and cheer at the end of this thing...before getting to work and taking action.
Check out the two minute trailer at left to get a taste!

Uncounted is an absolute must see for anyone interested in saving American democracy and, I might add, a perfect film for use at screenings, fundraisers, and house parties to get folks fired up and hitting the streets before 2008.

The film features segments on and original interviews with citizen heroes of all sorts, including election whistleblowers Stephen Heller and Clint Curtis, Election Reformer champions such as the heroic Emery County, Utah, (and now former) Registrar of Voters, Bruce Funk, Rep. John Conyers, and many many more of the patriots taking action in the EI movement.

If you'd like your own copy of the DVD, signed by Earnhardt (it officially goes on sale the second week of November), please click to donate $50 or more to The BRAD BLOG online or sign up for a monthly subscription of $20 or more via the blue form on the right side of this page.

You may also or send a donation via snail mail. Just include "UNCOUNTED" on the check or on a note sent with it to: Brad Friedman, 7095 Hollywood Blvd., #594, Los Angeles, CA 90028.

SPECIAL SPECIAL OFFER!: I will be sending a signed copy of Lloyd Dangle's hilarious new TroubleTown toon collection, TroubleTown Told Ya So, out to monthly BRAD BLOG subscribers of $20 or more shortly, as a thank you gift. So sign up for a subscription now and consider it a twofer as long as I have enough copies to send!!

As ever, your support is greatly appreciated, and the only thing that allows us to pay the rent, have a sandwich each day, and keep the work we do here going...and going...and going...

A "Game of Chicken" is how Washington Post describes the current standoff in the Senate concerning the FEC nomination of GOP "voter fraud" zealot/operative Hans von Spakovsky. The nomination is currently at a standstill, along with three other FEC nominations that Senate Republicans insist be voted on along with him, in the wake of a hold registered by Obama and Feingold.

Senate Majority Leader Harry Reid's D-NV) incredible "deal" to slide HvS's nomination through has, for now, thankfully come to a standstill. But the resultant standoff could mean no operational FEC in 2008 as only two commissioners are currently left, and a minimum of four are needed to vote on anything.

WaPo's piece includes supportive quotes, in favor of von Spakovsky, from hard right partisan and former FEC Chair Brad Smith. Yet it fails to point out how much of a rightwing bomb-thrower Smith --- who charged in his own Redstate blog item last week that HvS is "currently under attack for being a Republican" --- actually is. Would WaPo have given such prominence to someone on the other side of the political spectrum?

You'll note, in Smith's piece, written prior to WaPo's, that he refers to Democratic "nutroots" as being responsible for the hold, along with "the campaign finance zealotry of Senator Feingold." Smith, apparently, forgot to mention that Feingold's co-sponsor on that bill was John McCain, who --- last we checked --- is a Republican.

In short, Smith argues in his Redstate diatribe, that though HvS may have participated in GOP-backed voter supression efforts when he served at the DoJ, nobody has complained about actions during his tenure over the last many months as an absentee appointee at the FEC. To which we say, yes, after the Fox has overseen the mutilation of the chickens in the Henhouse, by all means, let's elect him as chief meat inspector for the USDA.

Beyond that, and in teeing things up for this Tuesday's heaings in the House Judiciary Committee, set to star John "Minorities Die First" Tanner, the outrageously still-employed chief of the Bush DoJ Civil Rights Division Voting Section, Christy Hardin Smith suggests the GOP may be "throwing Tanner under the bus" in favor of von Spakovsky. She catches us up with the latest today in "Hans Down".

Our friend Jacob Soboroff, from the election reform site Why Tuesday, is asking folks to vote up his video question for Barack Obama, so that the question might be one of 10 asked of the presidential candidate during an MTV appearance scheduled for Monday (10/29) at 1:30pm ET.

To help ensure Obama gets asked the direct question on Election Reform, please click the green "thumbs up" icon just above Jacob's short video question here.

It'd be nice if the media began asking the candidates such questions about the one issue that underscores all others: What the hell do they plan to do about our crumbling electoral system?

More specifically, we'd love them to answer one question directly --- and hope that those of you out there attending their live events might bring a video camera and ask them directly!: "Do you support a paper ballot --- not a 'paper trail' or a 'paper record,' but a paper ballot, and one that is actually counted --- for every vote cast in America?"

But in the meantime, the question to Obama on MTV would be a step in the right direction. Please take 40 seconds to click the video link above and then click that green thumbs up button!

We note that his favorable/unfavorable rating among registered Democrats in this poll is currently at 46/29. That's better than than any of the others in the race (Clinton: 26/63 *43/41, Obama: 38/24, Edwards: 30/30)

Here are all the numbers from WBEN...

* UPDATE/ED NOTE 10/27/07: WBEN's favorable/unfavorable numbers for Clinton were incorrect, according to CBS's original numbers [PDF]. Gore still has the best favorable/unfavorable rating of all the Democratic candidates among all registered voters. However, WBEN's contention that Clinton's fave/unfave is at 26/63 is entirely wrong. It's 43/41, as we've now noted above. Their incorrect numbers on her, for that question, seem to be taken from an entirely different question in the poll. At least that's our best guess. Details on all of that now follow below...

"These remarks display a shameful lack of understanding and sensitivity that is unacceptable in the person charged with enforcing the nation’s laws against voting discrimination," Sen. Ted Kennedy (D-MA) wrote in a question sent to Attorney General Nominee Michael Mukasey today concerning bizarre and objectionable comments made earlier this month by the DoJ's Civil Rights Division Voting Section chief, John Tanner.

Tanner, whose recent remarks at the National Latino Congresso in Los Angeles, as video-taped and first reported by The BRAD BLOG earlier this month, have sparked outrage, leading to calls for his firing last week by Senator Barack Obama (D-IL), this past Wednesday by Rep. Jerrold Nadler (D-NY). Civil Rights groups have also called for Tanner to be canned in the wake of his remarks claiming that Photo ID restrictions at the polling do effect the elderly, and that that's a "shame." But, minorities needn't worry because "they don't become elderly. They die first."

"The Voting Section of the Civil Rights Division has failed miserably in its responsibility to enforce the Voting Rights Act during this Administration," Kennedy said in a statement quoted by TPM Muckraker. "The latest shameful revelations from the Section drive home the urgent need for the next Attorney General to install strong leadership to allow the Voting Section to return to its historic role in ensuring access to the ballot."

Kennedy's question to Mukasey, which TPM Muck has in full, ends with "If you are confirmed, will you review Mr. Tanner’s record and consider whether he should be replaced as head of the Voting Section?"

But for those paying very close attention to Mukasey's confirmation hearings last week, his position on the controversial Photo ID issue --- a concern since some 10 to 30 million legally registered voters, largely Democratic-leaning minorities and elderly, are believed not to have such IDs and would therefore be kept from voting --- was troubling.

We had to review the testimony several times, as given in answer to questions by Sen. Ben Cardin (D-MD), to figure out where he fell on this issue. But a close reading reveals that, while Mukasey offered clear responses objecting to voter suppression issues such as misinformation concerning polling place location, he was far dodgier on the question of polling place Photo ID restrictions.

Close review of the transcript --- posted along with the video in full below --- reveals that Mukasey feels that overt disenfranchisement efforts via dirty tricks, such as misleading and/or threatening fliers and phone calls, definitely amounts to "flat-out fraud and pernicious fraud."

His feelings about disenfranchising Photo ID requirements, however, are far different...

"FEMA has truly learned the lessons of Katrina," writes Al Kamen at Washington Post today. "Even its handling of the media has improved dramatically. For example, as the California wildfires raged Tuesday, Vice Adm. Harvey E. Johnson, the deputy administrator, had a 1 p.m. news briefing."

The presser, he writes, was carried live on Fox "News", MSNBC and others and went very well...

Un. Believable.

"We were expecting the press to come," admitted Mike Widomski, FEMA's Deputy Director of Public Affairs and one of the first "reporters" to ask a question. "But," writes Kamen, "they didn't. So the staff played reporters for what on TV looked just like the real thing."

"If the worst thing that happens to me in this disaster is that we had staff in the chairs to ask questions that [Widomski claims] reporters had been asking all day," Widomski told Kamen, "trust me, I'll be happy."

The "worst thing"?! Hell, that one'll likely win you a Medal of Honor, Mike! "Be happy" indeed! And keep up the bad work!

Think Progress has video of Fox's coverage of FEMA's fake news conference.

UPDATE: White House apologizes. Says it'll never ever ever happen again...

UPDATE 10/28/07: We thought we were kidding with that "Medal of Honor" crack. But it looks like the guy who set up the phony presser has now been promoted! Details here...

UPDATE 10/29/07: Promotion planned has now been retracted. Details at same RAW STORY link as above.

Once again, the country's largest voting machine vendor, Election Systems & Software, Inc. (ES&S), has failed in yet another state certification process, The BRAD BLOG has learned.

In a letter faxed to the company yesterday, Colorado's Secretary of State Mike Coffman informed the Omaha, Nebraska, company that the state has suspended the certification process of ES&S's voting systems due to a failure to provide required documentation and other materials needed to complete testing. That, after several previous deadline extensions had been granted.

"[T]here is a history of coordination issues with your company," Coffman wrote to ES&S's Vice President of Certification, Steve Pearson, in the two-page letter, before detailing a litany of problems they've had with the company throughout the testing period.

"Those issues include the following: changing project managers multiple times since April, providing incorrect programming of required databases for testing, providing incorrect ballots for testing, failing to provide required documentation of Federal testing, and test failures requiring extensive machine servicing," wrote Coffman.

The complete letter is posted at the end of this article.

The testing of Colorado's systems comes after all of the state's voting systems were decertified by a state judge just prior to last year's November election. In the 2006 lawsuit, brought by legal e-voting watchdog VoterAction.org on behalf of several Colorado voters, the judge found that the state's certification process amounted to little more than opening the box, checking for manuals, turning the system on and off and stamping it as good-to-go.

As the finding in the lawsuit came just prior to the November general election, the state's e-voting systems were allowed for use one more time before all such systems were automatically decertified, to allow the testing process to begin again afterwards --- legitimately this time.

Since then, all of the companies whose systems are being tested in the state have delayed in turning over needed materials, prompting speculation from e-voting critics that, with elections pending, they may be purposely delaying the process in hopes of running out the clock.

But similar failures by ES&S to cooperate with state officials around the country have now become legion.

The latest mess in Colorado echoes closely similar problems with the company as seen in other states over the last year. Just a brief sampling of some of those extraordinary failures include...