Guest Blogged by Michael Bryan

I am Michael Bryan, an attorney and blogger whose home is Tucson, Arizona. Starting today and continuing through Thursday, at BlogForArizona.com (my blog) and The BRAD BLOG, I will be covering the trial of Pima County Democratic Party v. Pima County. The proceedings will be live-blogged at BlogForArizona every day, with a daily summary posted each evening of the trial here at The BRAD BLOG.

The trial concerns the Pima County Democratic Party's demand for access to public records. Specifically, they seek access to database files that contain the raw tabulator vote data from a past local bond election. They seek to establish the public's right to inspect and analyze those records to search for any irregularities or manipulation by elections department insiders. Ideally, the Democrats want the judge to declare that all such files must be given to all political parties in Pima County in all future elections, so that public scrutiny can help ensure that the vote is honestly counted.

Why the concern that public officials, whose job it is to count the vote, may be instead manipulating the vote? Because the software Pima County (and many, many other jurisdictions around the country) is using to tabulate the vote is "fundamentally flawed" as to security according to an independent audit [PDF] commissioned by the Arizona Attorney General.

The "fundamentally flawed" software is made by Diebold and is called Global Election Management Software, or GEMS. Election integrity activists and researchers have long known that vote totals can be easily manipulated by insiders with access to the computers on which GEMS runs. The software is so fundamentally insecure that vote data can be changed by simply using the common database software Microsoft Access --- and the fraud can potentially be completely untraceable. With security conditions like that, it becomes imperative that the public have oversight of that data, just as the public has (or should have) oversight over the rest of the elections process.

For more background information about the software and the issues behind the trial, please see my post, Pima County Election Integrity Blues, or my introduction to the trial, both on BlogForArizona.com.

You may also wish to see Steve Rosenfeld's excellent report yesterday at Alternet, offering more specific details on what is at stake here.

If you would like to just listen to a discussion of the issues in the trial, please take a few minutes to listen to my recent interview with Action Point host Cynthia Black on Phoenix' Air America station...

For additional context here, I'll point you to a video (at right) of one of the men at the center of this controversy, Pima County's Election Director Brad Nelson. BRAD BLOG readers may remember this remarkable video referred to as "Election Director Gone Wild" as Nelson breaks into a tirade after being questioned by Pima County Election Integrity activist, John Brakey, about the Diebold DRE voting systems that Nelson was preparing, back then, in February of 2006, to bring into the county.

Please check my blog, BlogForArizona.com, for regular updates on the trial as it unfolds, and here at The BRAD BLOG for updates at the end of the days proceedings today through Thursday. Please use the comments on either blog to ask questions or make suggestions, we'll have someone monitoring the comments during the trial and will do our best to respond.

Guest Blogged by Alan Breslauer

According to CNN's Bill Schneider, "Iraq is not a top issue to Republicans" in the coming election. Thus, Senator John McCain, who is seen as the GOP candidate "Best Able To Handle Iraq" does not gain much traction with voters whose interests have shifted to the economy and to other issues.

Guest blogged by Jon Ponder, Pensito Review.

The White House is blocking efforts by special prosecutor Patrick Fitzgerald to present evidence he collected in the CIA Leak investigation to the House Oversight and Government Reform Committee, according to the committee's chairman, Henry Waxman (D-CA).

Prompted by Scott McClellan's statement last month asserting that top White House officials, including George Bush and Dick Cheney, were complicit in an effort to deceive the public about the leak, Rep. Waxman has written to Attorney General Michael Mukasey urging him to convince Bush to release the evidence.

In his letter, Rep. Waxman points to a precedent from the Clinton administration:

Of particular interest are Fitzgerald's notes from his interviews at the White House. If either Bush or Cheney gave statements that contradict McClellan's, a new investigation would likely be triggered. Lying to federal prosecutors is a felony.

Complete text of letter follows, via BuzzFlash.com:

Guest blogged by Jon Ponder, Pensito Review.

In Bushworld, incompetence must be rewarded (in order to prevent the incompetent ex-employee from writing a tell-all book):

Right. What harm could he possibly do as head of this group:

The position was previously held by former lobbyist and U.S. senator, Fred Thompson, who is currently a Republican candidate for president.

Guest blogged by Jon Ponder, Pensito Review.

This ought to drive a stake through the heart of the myth that Republicans are fiscally conservative.

According to the Associated Press, after seven years of mismanagement by George Bush and 12 years of Republican dominance of the Senate and control of the House, the national debt of the United States is now expanding by $1.4 billion per day and $1 million per minute:

By the time Bush is scheduled to leave office in January 2009, the debt will be $10 trillion, which is $10,000,000,000,000.00.

Guest Blogged by Stephen Heller

I am no longer a felon.

In brief, I became known to some as the "Diebold Whistleblower" when, in January of 2004, I stole and exposed legal documents [PDF] proving that Diebold Election Systems, Inc. was using and planned to continue using illegal, uncertified software in their California voting machines. (By the way, Diebold recently changed its name to Premier Election Solutions, but don't let that fool you; it's still the same bunch of idiots.) Details about my case can be found here and here [PDF].

The documents I stole were covered under attorney-client privilege, so my theft was a serious crime. In February of 2006 I was charged with three felonies. On November 20, 2006, I plead guilty to one felony count of unauthorized access to a computer, and in exchange for my guilty plea and a restitution payment of $10,000 to the law firm from which I stole the documents, the law firm promised they wouldn't bring a civil suit against me, and I was put on felony probation instead of being sent to jail. The term of probation was to be at least one year, and as much as three years.

Now, one year after my guilty plea, because I've stayed out of trouble and because I'm a first offender, the judge has reduced my felony to a misdemeanor. Sometime in 2008, my lawyers will petition the court to have my misdemeanor expunged.

The bad part is that the most troublesome aspect of my probation is still in force. Before I can accept a job at which I would use a computer networked to one or more other computers (basically any job for which I'd be qualified), any potential employer must write to the judge in my case, tell him that they know about my conviction and that they still want to hire me, and then we have to wait until the judge responds with a "yes" or a "no" before I can accept the job and start work (and then only if the judge says "yes"). So as you can see, employers will be falling all over themselves to hire me.

Yeah, right.

Meanwhile, my wife (an actor, filmmaker and writer) certainly hasn't lost her sense of humor. She had been calling me Felonious Punk, but now that I'm no longer a felon, she's switched to Mister Meanor. Ain't it great being married to a comedy writer?

To be clear, breaking attorney-client privilege is a very serious crime, and I accept responsibility for what I did. I'm still being punished for it, and so far the punishment has cost my wife and me over $210,000 - and counting. $210,000 is an enormous amount of money to us. My wife and I have paid and are continuing to pay a very high price for my crime.

But, as we're not Republicans, we might have expected that.

Which got me thinking about other crimes in America that have recently been committed or alleged, and what's happened to those involved. Among the first of many, Lewis "Scooter" Libby comes to mind...

By Brad, from Denver...

Damn bloggers. Following you around everywhere you go, with their nosy little cellphone cameras, writing down every little thing you do or say. Someone should make a law or something...bastards...

P.S. Thanks to the Coloradoans for Voting Integrity (who need a website!) and ProgressNow.org for inviting me to their Denver Roots Camp and for all the great grassroots work they are doing in their fights for truth, justice and the American way! Supermen (and women) all! Looking forward to coming back soon!

By Brad Friedman from Denver, CO...

A late-night report from the Firedoglake blog last night indicated that a Republican-backed initiative to split California's 55 electoral votes by Congressional district has been "withdrawn." In fact, it has not, as The BRAD BLOG has confirmed this morning, with both the California Secretary of State's office and the initial proponent of the original initiative. Democrats have regarded the ballot initiative as a dirty trick by Republicans desperate to hold on to the White House in the 2008 general election.

The current version of the initiative, which has raised millions of dollars, is said to have garnered some 400,000 signatures in support and continues to move forward as planned.

There had been two nearly identical initiatives in circulation attempting to gather enough signatures to qualify for the ballot in next June's election in California. The original measure, known as "07-0016," as filed by Anthony F. Andrade Jr., has indeed been withdrawn, according to the California Sec. of State website. But the version of the measure most likely to make its way onto the ballot next year, "07-0032,, barrels full steam ahead for the time being.

The BRAD BLOG has confirmed that point with two officials at the CA Sec. of State's office. We have also confirmed it with Andrade himself, a colorful fellow with whom we spoke earlier today, who now supports the other, still-active, initiative.

Andrade, who says that he's a BRAD BLOG reader himself, submitted the original initiative in May of this year. It was approved for signature circulation on July 3, before the nearly identical initiative, submitted by Thomas W. Hiltachk, a former associate of Governor Arnold Schwarzenegger, was filed on July 10.

Hiltachk's initiative continues to gain momentum and money from Republican backers, while Andrade's original proposal was finally withdrawn from circulation, officially, on November 27.

Andrade, who says he's "a libertarian at heart," told us that Hiltachk saw his original initiative and decided to file a version of his own.

"This asshole goes and reads my initiative, and says 'Ah, I'm gonna file a duplicate,'" he told The BRAD BLOG this morning. "This asshole says he has $2 million," and then it turned out he didn't have a dime. "Perhaps the polite word is 'flake,'" Andrade clarified later during the call.

The Hiltachk proposal was indeed pronounced dead by the LA Times several weeks ago after it was found to have been backed by Rudy Giuliani supporters. The measure has since found new sponsors, also reportedly tied to both Giuliani, as well as California's 49th district U.S. Rep. Darrell Issa. There have also been subsequent allegations of fraud in the gathering of petitions for the measure.

Andrade believes the original backers of the proposal were looking at it as a way to raise money for themselves.

At first labeling the measure a "people's initiative" (after we described it as a "Republican initiative"), Andrade admitted that, while he considers himself more of a libertarian and a Ron Paul supporter, he's most interested in stopping Hillary Clinton from gaining the White House...

Guest blogged by Jon Ponder, Pensito Review.

Yesterday, we learned that when he was mayor of New York, Rudolph Giuliani allegedly played a shell game to hide from taxpayers --- and his scornful wife --- the cost of dragging his security details along when he traveled out to Long Island to visit his then-girlfriend, Judith Nathan. Now comes news that he assigned a car and driver from the NYPD to Nathan during their affair:

Last December, Alan G. Hevesi, the New York State Comptroller, pleaded guilty to defrauding the government and resigned his position after it was revealed that he had detailed a state employee to attend his wife, who was an invalid:

In addition to pleading guilty to a felony, Hevesi paid a fine of $5,000 and reimbursed the state for $206,000.

No word as of yet whether New York's Democratic governor, Eliot Spitzer, will look into allegations that Giuliani used public employees to carry out personal services for him and his girlfriend.

Washington Post reports on outgoing Republican Senator Chuck Hagel's comments last night during an address at the Council on Foreign Relations in New York. It seems he doesn't care much for the Bush Administration...

We have been remiss in honoring the good Senator with The BRAD BLOG's coveted and too-rarely bestowed "Intellectually Honest Conservative Award". So before he leaves the Senate entirely, we're happy to announce our awarding of this prize today to Hagel.

(NOTE: We're well aware of Hagel's troubling one-time ownership of voting machine company ES&S, before becoming the first Republican Senator to be elected in Nebraska in a dog's age... on ES&S voting machines. It is in spite that ignominy that we offer this most coveted award.)

Guest blogged by Jon Ponder, Pensito Review.

Fundraising is down dramatically nationwide for the Republican Party, but things are especially bad here in California, where the state GOP is in such dire straits that its ability to compete in both state and federal races could be affected.

But while the state party is cutting programs and considering layoffs, hundreds of thousands of dollars are flowing in from out-of-state fatcat supporters of Rudy Giuliani --- funds the state GOP can't touch because they are earmarked specifically to promote a ballot initiative that would, if passed, give Rudy (i.e., the Republican presidential candidate) 20 or so of the state's 55 Electoral College Votes, even if he loses the state to the Democratic candidate.

The California Republican Party has been in a death spiral since the 1990s when, under former Gov. Pete Wilson, the decision was made to make illegal immigration its signature issue. It's way too soon to send for the embalmers but the current crisis couldn't be worse:

Blogged by Brad en route to Denver...

While we put a lot of miles on our car, at our own expense, we're not nearly clever enough to figure out how to get to places like Hawaii or Cape Cod, much less trick the government into picking up the tab like the DoJ's John "Minorities Die First" Tanner.

But we will be visiting lovely Denver for a day or two in December, as we've been invited to speak this weekend at Progress Now's Root Camp on our way back towards Los Angeles.

If you're in the 'hood, please stop by for some Election Integrity strategizing in the Mile High City and to say hello! In addition to discussing EI and blogging at the free conference, we'll also be moderating a Q&A to follow a screening of David Earnhardt's new documentary UNCOUNTED: The New Math of American Elections. Would love to see ya there!

UPDATE 12/2/07: Had a great time in Denver, even with all of those nosy bloggers hanging around!

Blogged by Brad Friedman from the Kansas/Colorado border...

Salt Lake City Weekly covers the state's recent electoral woes in the wake of moving to Diebold touch-screen voting machines. They even use a word we reference often here at The BRAD BLOG in regard to upcoming elections: "train wreck."

Utah, of course, was the home of one of the most notorious touch-screen voting system investigations in the country when Emery County Clerk Bruce Funk allowed renowned computer security expert Harri Hursti and e-voting watchdog group BlackBoxVoting.org to examine the new Diebold touch-screen systems forced on him for use by the state.

Their startling vulnerabilities revealed in the Diebold systems by the study were described at the time as a "major national security risk" and "the most severe security flaw ever discovered in a voting system" by Election Integrity, Voting System and Computer Security experts.

For his diligence on behalf of his voters, Funk, the 23-year elected County Clerk, was subsequently locked out of his office and removed from his job with the support of the very state officials who had gone into business with Diebold to create the mess the state now faces.

Blogged by Brad from somewhere near the Kansas/Colorado border...

Not only is John Tanner confused about whose right to vote he's supposed to be protecting (everybody's, even elderly minorities') as head of the DoJ Civil Rights Division, Voting Section, he's also apparently under the impression that the U.S. Government is his personal sponsor for high-flying trips to vacation hotspots like Hawaii and elsewhere for himself and his deputy, Susana Lorenzo-Giguere.

Paul Kiel has a complete, detailed, and highly-recommended investigative report over at TPM Muck, as Tanner could even be facing felony charges, should several current DoJ Office of Professional Responsibility (OPR) investigations into his activities pan out. Kiel's report begins this way...

The BRAD BLOG helped kick off a firestorm surrounding the DoJ's voting rights chief Tanner last September when we video-taped and reported on his astounding statement that "minorities don't become elderly, the way white people do. They die first."

Those comments, "highlights" of which are at right, helped lead to calls for his firing and Congressional hearings for the not-yet-fired-or-resigned Tanner.

Former prosecutor Melanie Sloan, of ethics watchdog Citizens for Responsibility and Ethics in Washington (CREW), says, in response to the litany of latest allegations, that if new AG Michael Mukasey was "serious about cleaning up the Department, he'd just get rid of Tanner."

We'll see if he does. Please leave your guesses in comments about the exact date on which Tanner will either be fired or suddenly discover that he needs to spend more time with his family. We'll announce the name of whoever is closest when (and if) it actually happens.