Finally! A media outlet which appropriately covered the news from the Senate Foreign Relations Committee hearing last week in which Rice claimed the White House made no estimates for the potential change in casualty rates that may come from their plan to send 21,500 more troops to Iraq.

Over the weekend The McClaughlin Group focused on --- and showed the video of --- the actual newsworthy exchange between Sen. Barbara Boxer and Rice, if you can imagine such a thing.

If you can't, that video is here for you on the right. (Hat-tip Alan Breslauer)

Yes, the Washington Times' Tony Blankley tried mightily to turn the topic to the phony, non-existent "attack" that the White House, and their sycophants in the media from the wingnut blogs all the way over to the NYTimes fell for, but he was fairly well shut down by both Eleanor Clift and Pat Buchanan. But given Wash Times' extraordinarily and purposely twisted "reporting" we saw over the weekend ("Democrats" suggested "the secretary's childlessness, race and sex are to blame for mistakes in Iraq," distorted the White House Organ and Tony Snow's old stomping ground), we're not surprised at Blankley's attempts to do the WH's bidding.

It's only a shame that Lawrence O'Donnell wasn't sitting in with 'The Group' this week.

Yes, O'Reilly keeps up the disingenuous (or uninformed, take your pick) attacks as he was on all morning about Boxer's non-existent "attack" on Rice, as if any such attack actually occurred, on his Radio Factor. Hey, Bill: You can read the transcript of the exchange here, or you can look at the actual video above. Or you can continue to misinform your listeners and viewers. Either way, I continue to make myself available to you if you wish to interview me on the matter, as I'm the guy who originally wrote the question that Boxer asked.

Beyond that, perhaps the tide is turning as folks are beginning to see this whole shameless phony Rightwing twist/smear for what it really is. Nora Ephron over at HuffPo, after pointing out apparently-not-"outrageous"-at-all comments made Laura Bush about Condi before year's end --- "Dr. Rice, who I think would be a really good candidate, is not interested. Probably because she is single, her parents are no longer living, she's an only child. You need a very supportive family and supportive friends to have this job." --- goes on to give us a peek at "Condi's Diary."

By way of necessary reminder, here's the way Boxer actually prefaced her question about WH casualty estimates (or the apparent lack thereof):

As you see, she said nothing about Rice not having the moral authority to make such choices, didn't attack her childlessness or her singleness or her sex or her race or anything at all, as has been wildly, widely, and wholly inaccurately "reported" by Wash Times, O'Reilly, Snow and friends...

A sample from "Condi's Diary" by Nephron follows below. The full, informative piece of satire is here...

PREVIOUS RELATED BRAD BLOG ARTICLES:

• Brad Calls on Congress to Ask White House About Casuality Estimates for 'Surge'
• Rice Claims White House Made no Casualty Estimates for Troop Escalation Plan in Response to Boxer's Senate Inquiry
• NYTimes Ignores News, Falls for White House Spin on Boxer/Rice Exchange
• Washington Times Outdoes Them All in Misreporting Boxer/Rice Exchange

"We are at the moment when our lives must be placed on the line if our nation is to survive its own folly. Every man of humane convictions must decide on the protest that best suits his convictions, but we must all protest...A time comes when silence is betrayal."

-- Dr. Martin Luther King, Jr., Riverside Church, New York City, April 4, 1967

(Hat-tip Colbert I. King. And thanks now to reader TH, the audio and text of the entire speech is here...)

Since it should have always been front and center --- but even the New York Times succeeded in fellating the White House by ignoring the news this week --- here is that news once again:

* * * The White House failed to make any casualty estimates before committing another 20,000+ U.S. troops to War in Iraq, according to the Secretary of State. * * * (transcript)

The news, which The BRAD BLOG covered almost exclusively, came in reply to a direct question from Sen. Barbara Boxer during last Thursday's oversight hearings on Iraq Policy when Condoleezza Rice came to Capitol Hill to argue in favor of the White House's new escalation plan.

But as Boxer's critical direct question evoked Condi's stunning answer --- which, if true, reveals a remarkable delinquency and breathtaking lack of support for U.S. troops by this White House --- was subsequently all but ignored by the media both on the Right and the supposedly not-on-the-Right. After White House spokeshole/MVP Tony Snow gave his cue to attack the messenger to avoid the message, all of his media tools lined up behind him and performed admirably in the service of disserving America.

But among fierce competition this week, the Biggest Tool of the Week Award must be given to one of the White House's very own publications, The Washington Times.

In "reporting" on this statement made by Boxer during the exchange with Rice on Thursday...

...The Washington Times' and their "reporter" Charles Hurt topped the rest of the wingnut and non-wingnut media by turning it into the following remarkable opening graf from their front page propaganda piece on the phony, White House created "outrage" by Saturday...

Wow! Now that's some impressive work! Give that Tony Snow a raise!

All the other men and women in America who helped him --- for free --- give them a one-way ticket to Gitmo, since clearly they hate both America and the troops attempting to defend her.

Remind us again why Impeachment is "off the table"? Is it because Tony Snow says so? If so, we understand completely. We hope he'll let us know when it's okay to proceed.

Guest Blogged by Des

SUNDAY, January 7th...

BLOOD SURGE
Congress Must Demand to Know the White House's Estimated Body Count for Bush's Double-Down Scheme in Iraq...

(A)side from cutting off funding for the war, now or in the future, there is another option for the moment in answer to Bush's predicted call for a "surge": demand that the White House release their estimates of the number of casualties we will incur during such a "surge."

MONDAY, January 8th...

BREAKING EXCLUSIVE: Major E-Voting Critic, Attorney Named to Key Voting Systems Oversight Role by New CA Secretary of State!
Debra Bowen Appoints Lowell Finley of Election Integrity Watchdog Group VoterAction.org to Role of 'Deputy SoS for Voting Systems Technology and Policy'
[UPDATED] Critics of E-Voting Hail News as 'Collosal Suprise,' Very Good for Voters, Very Bad for the Nation's Electronic Voting Machine Companies...

TUESDAY, January 9th...

EXCLUSIVE: The EAC Now Admits 'The Ciber Report' Does Exist After All
Federal Commission Admits There is Paperwork on 'Barred' Voting Machine Testing Lab, Will Release 'When the Process is Complete'
Lab Was Secretly Refused Credentials in July, State and Local Voting Officials Were Kept in Dark Throughout November Elections Until NYTimes' Revelations...

EXCLUSIVE FL-13 UPDATE: ES&S Moves to Strike U.S. House Admin Committee Letter
Voting Machine Company Claims Chairwoman's Missive 'An Attempt to Intimidate, Unduly Influence' Florida Court
Plaintiff Attorney Says Claim is 'Remarkable,' 'Takes a Lot of Chutzpah'

WEDNESDAY, January 10th...

Update on Busby/Bilbray CA50 Election Contest Appeal
ADDITIONAL MATERIAL: Details of Attorney Oral Arguments Concerning Whether the U.S. Congress Can Overrule State Election Laws Simply by Swearing Someone In
Also, Updates on Some of the Sad Players...Some Gone, Others (Hopefully) on Their Way Out...

ABC: Bush Gives Congress, American People, Democracy the Finger
Begins Iraq Escalation Before Speech, Approval From Congress, in Wake of Opposition from Dems and Republicans Alike...
POST-SPEECH UPDATE: No Estimate Given for Change in Casualties in New Plan. Surprised?

THURSDAY, January 11th...

EXCLUSIVE: NEW COULTER VOTER FRAUD DOCS - Police Report Says TWO Third Degree Felonies, One Misdemeanor May Have Been Committed by GOP Darling!
New Third Degree Felony for Fraudulently Registering Driver's License Added to Previous Allegations of Voter Fraud!
But Palm Beach Election Supervisor Having Trouble Finding Law Enforcement Agency to Bring Charges...

Christine Jennings Admits She Should Have Listened to Election Integrity Advocates Earlier...

"Those people with the Sarasota Alliance for Fair Elections? I used to pat them on the back at Democratic meetings, but I had no idea. The vote is the great equalizer in this country - and when we've lost that, we've really lost something.''

FRIDAY, January 12th...

White House Made No Casualty Estimates for 'Surge' Plan According to Rice Admission!
Rightwing Outlets Smear Senator Who Asked Question, Ignore Stunning Newsworthiness of Answer
Iraq Vet Source Dubious About Secretary of State's Admission that Military Lacks Body County Estimates...

SATURDAY, January 13th...

New York Times Joins Rightwing Outlets in Twisting and Torturing Boxer's Comments While Ignoring White House Delinquency in Their New Iraq Plan
The Once-Great Paper Misrepresents the Facts, Quotes Only Rightwingers and Misrepresents Some of them to Suggest They are 'Liberal'
PLUS: An Invitation to Bill O'Reilly...

Maryland Preparing to Screw up Their Election System Yet Again
State Lawmakers Moving Towards Paper 'Trail' Voting Instead of Paper BALLOTS...

Maryland was one of the first states in the country (along with Georgia) to adopt Diebold's paperless touch-screen voting. Now that they've learned from that mistake, it looks like their legislature is preparing to make the same mistake again by moving to paper trail voting, instead of paper ballots, according to the Washington Post.

If you're still confused about the difference --- and even if you're not --- please see this short and to-the-point Open Letter to Congress Members, and the accompanying e-mail petition, signed and released by more than 35 non-partisan Election Integrity organizations just before the holidays.

It calls for a paper ballot --- not "trail" or "record" --- for every vote cast in America. That is, of course, the only acceptable first-step solution on the long road towards restoring America's electoral system and the voters' confidence therein.

After you've read it and signed it, please pass it on. Maybe Maryland will take notice before they screw things up again. We certainly hope so.

The New York Times today joins the White House, the disingenuous Rightwing media and blogs, and even several unnamed supposed non-Rightwingers in purposely misconstruing Sen. Barbara Boxer's question to Condi Rice at last Thursday's Senate Foreign Relations Committee hearing on Bush's new policy to escalate troop commitment in Iraq.

I reported on the controversy over the phony Boxer/Rice brouhaha yesterday here, after originally calling on a Congress member to ask the very question that Boxer asked (and which the Times ignored) last Sunday and again after Bush's speech on Wednesday night in the face of his supporting, yet callous, comments on the new policy that "we must expect more Iraqi and American casualties."

If the way in which the Times twisted the facts of the event was unintentional, the only alternative then is that the reporters who covered it, Helene Cooper and Thom Shanker, and the editors who allowed the article to go through, are utterly incapable of even the simplest intelligent analysis of a critical and relevant news event and, frankly, shouldn't be working for a paper as still-important to this country as the New York Times.

Picking up on the phony controversy over the prelude to Boxer's question of whether the White House had "an estimate of the number of casualties we expect from this surge?" --- the stunning answer from the Secretary of State, if she's to be believed, is that no, they did not --- the Times joined Fox "News" and NYPost and the other wingnut outlets in both twisting Boxer's comments and forwarding the unsupported notion that there was some sort of personal slur built into them.

The Times quotes Boxer's "offending" phrase --- one that even Rice admits not being offended at, until after the White House Press Secretary, Tony Snow, suggested the comments were "outrageous" later on --- as follows:

Wow! The height of personal rudeness! Boxer really smacked down Rice for not being married and having no children! A comment which several suddenly-"feminist" Rightwing outlets characterized as "One Great Leap (Backwards) for Womankind!" just after Snow coincidentally called it a "great leap backward for feminism" in his official response.

Problem is, the way the Times characterized the "controversy" in the graf reposted above leaves out the rest of Boxer's comment and thus takes it completely out of context. Here's what she actually said in the lead-up to her important all-but-ignored question and response from Rice:

Even Rice admitted in her comments to the Times that "It didn't actually dawn on me that she was saying, 'you don’t have children who can go to war'."

Of course it didn't actually "dawn on" you, Ms. Rice. Because it didn't actually happen that way.

At least until Tony Snow took the opportunity to brilliantly turn the focus away from both Rice's answer revealing that the White House hadn't bothered to measure the cost in increased deaths to U.S. troops before announcing their new policy ("Senator, I don't think that any of us, uh, have a number. That, of expected casualties.") and from the fact that both Republicans and Democrats alike on the Senate committee were highly critical of the White House escalation plan for the Iraq War.

Snow's comments, of course, were the marching orders to the various Rightwing outlets who were all too happy to twist Boxer's comments in the very same way. They all "reported" the exchange in the same phony context the following day (as I previously described here.)

While attacking the messenger to completely distract from the message is a time-honored and well-expected tactic from this White House and their sycophantic supporters, it continues to be distressing to see the once-great "Paper of Record" irresponsibly pick up that ball and run in the same disingenuous direction. Who needs Judith Miller?

To make matters worse, not only did the Times manage to only quote the mangled "analysis" of "Conservative" blogs and commentators in their coverage of the exchange, they even misrepresented a group which, at the first blush of the Times description of them, would seem indicate that they would have been an ally of Boxer's.

Appearing to defect from support of the Democratic Senator is a group called Project 21. The Times characterized the statement of a member of the group this way...

Guest Logged By Michael Richardson

Last week Christopher Drew of the New York Times informed a shocked nation that the leading "independent testing authority" of electronic voting machines, Ciber, Inc. of Greenwood Village, Colorado had not been following its own quality-control procedures and could not document that it completed required tests for reliability and security.

The federal Election Assistance Commission, which accredited the Ciber testing lab, secretly pulled its interim accreditation last year, without informing the public or election officials relying on Ciber's results. Independent testing centers, including Ciber, are not really independent at all and are funded by voting machine vendors to whom they issue their testing reports and only recently have come under federal scrutiny.

The EAC has yet to explain why it withheld the accreditation of Ciber from the voting public and the omission has entangled the controversial election oversight panel in the growing national distrust of electronic voting machines and may threaten its continued existence.

How many voting machines might be affected by the lax security inspections of Ciber?

Respected electronic voting machine authority and self-described "politechnologist" Joseph Hall did some digging. "The answer was not something I would have predicted...I knew Ciber did a good deal of software ITA testing, but it looks like, in terms of voting system deployment, that Ciber qualified the voting systems used by 68.5% of the registered voters (67.9% of precincts) in the 2006 election."

Hall explained the difficulty he encountered to acquire his data. "Since the test reports are not public, it is difficult to find information about who tested what when."

Undeterred by the veil of secrecy surrounding the testing of electronic voting machines, Hall used old testing identifiers, called NASED numbers, to track the deployment of voting machines around the nation. Ciber tested any machine that had a NASED number beginning with the digit "1".

"With this key piece of information, we can use published lists of qualified voting systems to determine which models were qualified by Ciber." explains Hall. Discovering that Ciber tested the vast majority of machines in the country Hall says, "In fact, it is much more simple to list which systems were not qualified by Ciber."

Hall concludes, "I suppose it would have been completely impractical to decertify all these systems. Even decertifying those systems in which the qualification testing Ciber performed was specifically lacking would likely be a significant double-digit percentage of voting systems used by registered voters."

One thing the ITA laboratories, or any other testing agency, cannot determine is if an electronic voting machine has been rigged with malicious self-deleting software code. All voting machines and optical scan vote-counters are subject to being hacked with self-deleting code that cannot be detected with any test. Self-deleting software code does its dirty deeds, including flipping or erasing votes, and then deletes itself erasing any sign of tampering.

A growing number of election integrity advocates are realizing that software technology has no place in the election systems of our country because of the inability to even detect mischief. The solution that is emerging is both simple and obvious, a return to time-tested hand-counting of paper ballots.

Well, it looks like we've got our answer. The White House didn't bother to even come up with a casualty estimate for their new escalation plan in Iraq. So much for "supporting the troops." At least if Sec. of State Condoleezza Rice is to be believed.

We've been asking since last Sunday --- and then again just after Bush's Wednesday night speech when he said, "We must expect more Iraqi and American casualties" --- what the White House's estimates are for the increased (or decreased) body count that we can expect vis-a-vis his new plan for a troop "augmentation" (nee "surge") in Iraq.

Surely due diligence when creating such a plan requires such estimates be made by the military for the cost expected in blood for our U.S. troops before such a plan is actually implemented.

Well, finally, the question has been asked of the White House, or at least of Rice, during yesterday's Senate Foreign Relations Committee hearing on the planned escalation.

If Rice is to be believed, the White House has made no such estimate.

When asked directly by Sen. Barbara Boxer (D-CA), "Do you have an estimate of the number of casualties we expect from this surge?", Rice's answer came back as: "No, uh, Senator...I don't think there's any way to give you such an estimate."

Boxer's question came after a morning of tough questions and statements for Rice --- from both Republicans and Democrats --- and after the Senator's own statement in which she discussed the fact that "we are alone in this escalation of troops." She was referring to the point that no other countries among our allies in Iraq would be increasing their own troop strength. In fact, the British have announced they will be decreasing troops in the region over the next few months.

(The entire hearing can be seen via Real Video from C-SPAN here. Boxer's questioning of Rice comes at appx. the 1:47:00 mark.)

And while one would think the admission that the White House has announced a plan to send more than 20,000 U.S. troops into harm's way without first measuring the cost in blood expected by such an increase to be rather newsworthy, rightwing pundits from outlets such as Fox "News" and the New York Post have taken the opportunity to criticize Boxer for the way in which she framed the question instead. In the bargain, they've virtually ignored both the question itself, Rice's answer, and the apparent stunning delinquency of the White House if Rice is to be believed.

Jon Soltz, an Iraq War vet who is co-founder and chairman of VoteVets.org, tells The BRAD BLOG he's dubious of Rice's statement.

"The Pentagon knows how many casualties they estimate for any of the actions the additional troops will be taking part of. It’s basic war planning," Solz told us this morning. "Depending on what happens, that number could go up or go down, but they know what they expect."

Soltz joins our call for the public release of such an estimate from the Pentagon or White House --- if it in fact exists --- given the new policy comes in the wake of previous policy errors and underestimates.

"Normally, the military shouldn’t have to release those estimates, but given that the administration is asking more troops to pay for its mistakes, they should be up front about how many they believe are going to make the ultimate sacrifice," he explained.

Solz has been critical of Bush's planned escalation, and was the only Iraq War veteran invited to speak at a recent Senate Leadership press conference in response to the new plan.

...ATTACKING THE MESSENGER...

As reported by RAW STORY this morning --- the New York Post, while ignoring Rice's news and choosing instead to focus on Boxer having pointed out that neither she nor Rice had children who would directly pay the price for the planned increase in troops sent to Iraq, characterized the question as a "slur" to Rice.

"IT'S WAR: Dem Childless Condi Slur," screamed their front page this morning. Their friends and corporate partners over at Fox "News" were all too happy to pick up that ball and run with it as usual. Their front page screamer: "Boxer's Sucker Punch: Calif. senator lashes out at Rice's personal life."

Over at Fox "News" however, not only did their website manage to avoid discussion of Rice's stunning admission, their FOX & Friends morning crew spent much of the day not just attacking Boxer for the way she framed the question, but they unquestioningly parroted Rice's answer --- "I don't think that any of us, uh, have a number. That, of expected casualties." --- to the Senator...

Don't even know where to begin with this story. But begin we must. Don't even know what category to put it in. From AP...

Melinda Henneberger interviews Christine Jennings, who would have won her race for the U.S. House in Florida's 13th district were it not for the ES&S touch-screen voting machines in Sarasota County, which robbed her (so far) of her rightful seat.

We guess candidates have to actually get screwed by these machines themselves before they are capable of fully appreciating the dangers about which we write here virtually every day. At the end of Henneberger's piece, she quotes Jennings in reference to some of the oft-ignored Election Integrity Advocates (like yours truly) who have long been trying to raise the reddest of flags. In this case, Jennings refers to the good folks of the Sarasota Alliance for Fair Elections (SAFE) with an "I'd wish I'd listened to them" sub-text impossible to ignore...

So what will it take for the rest of the Democratic Party to start getting it?

We gave her a few months off while we covered more pressing items to our nation, but it looks like the troubles are still far from over for right-wing demagogue/hate-monger turned felonious vote fraudster Ann Coulter.

Palm-Beach Post's Jose Lambiet, who originally broke the story a year or so ago, has another scoop today on the matter and The BRAD BLOG has now obtained the documents on which his scoop is based.

Lambiet's item today covers PB County Supervisor of Elections Arthur Anderson's difficulty in finding a local law enforcement agency with the stones --- or at least, the jurisdiction --- to take on the hypocritical pundit even though a police report completed in late November, requested by Anderson, indicates that Coulter could be facing two third degree felony charges, along with one first degree misdemeanor, if charged.

Newly added to the previously known allegations of Voter Fraud --- when Coulter used her realtor's address instead of her own on her Voter Registration Application --- is the allegation by the Palm Beach Police Department that Coulter seems to also have given that same, incorrect address when applying for a driver's license after moving to the tony Sunshine State 'hood, where her fellow GOP propagandist Rush Limbaugh has recently had his own troubles following the rule of law.

The allegation concerning Driver's License Fraud would be yet another third degree felony, according to the Palm Beach Police Department report!

The BRAD BLOG has obtained the complete PBPD report (linked below), summarized by Lambiet as revealing that Coulter "could end up charged with: one felony count for signing a voter form claiming she lived at her Realtor's Indian Road home instead of her Seabreeze Avenue homestead; one felony count for 'unauthorized possession of a driver's license,' also for providing the same wrong address when obtaining her license; and a misdemeanor for knowingly voting in the wrong precinct."

Lambiet reports that Anderson has been making the rounds seeking a law enforcement outlet with the proper jurisdiction since, he says, the PB County Supervisor of Elections office is "not an investigative agency" and given that there has been "significant interest from the community" in seeing the matter addressed. But, so far, Florida authorities have yet to touch the case. According to Lambiet...

The three-page Palm Beach Police Department November report, and the accompanying one-page December letter to Anderson from Chief of Police Michael S. Reiter, detailing Coulter's apparent felonies and misdemeanor, is available right here...

PREVIOUS COULTER VOTER FRAUD DOCS:

• Pollworker's Incident Report & Letter from Anderson to Coulter requesting explanation...
• Palm Beach County Property records proving Coulter lied on her Voter Registration Application...
• Coulter's Felonious Voter Registration Form...

Does this guy despise democracy or what?

Unbelievable.

(Feel free to use this item as an Open Thread for tonight's speech, as I may not be able to blog it...but we'll see. RAW STORY has the complete text of the speech. Will leave this on top for now.)

POST-SPEECH UPDATE:

BUSH: "[W]e must expect more Iraqi and American casualties."

And so we ask again, as we did on Sunday: How many more casualties are expected due to Bush's escalation of the War?

The White House/Pentagon undoubtedly have made estimates in the course of their planning, right? If so, what are the numbers? How much of our blood (Barb's and Jenna's not included) is Bush willing to spend on the gamble which nobody but he, McCain, Lieberman, and possibly Barney (though I doubt it) are in favor of? The People and the Congress have the right to know. They need to demand it.

If no such estimate of a surge or fall in the body count has been made while considering this plan, the White House has been impeachably delinquent. So, is any Congress member or media type out there, other than me, going to ask that question?

NOTE: Yes, we know the chyron is from a political debate show. But does anybody have any examples of similarly obnoxious/partisan/unsupported chyrons from Fox saying something like "George W. Bush: War Criminal" or under the former Speaker of the House "Dennis Hasbeen"? If so, we'd love to see them. Versus endless examples like the one above or this crap and this nonsense, or Fox calling Ted Kennedy a "hostile enemy" of America on one of their "news" programs (versus debate) as they did this morning (video).

I understand there is someone --- I think his name is Colmes or something --- who is supposed to represent the other side on that "debate" show. Does he actually show up for work? Does he give a damn that the side he's supposed to represent is so regularly shat upon by the producers of the show which has his name in the title? You probably don't need to answer that...

Yes, like the Energizer Bunny, the case in CA50 (Jacobson v. Bilbray) is still going. The first oral arguments on the appeal took place on Monday.

To recap: the original case was filed last Summer by San Diego voters Gail Jacobson and Lillian Ritt against then-candidate Brian Bilbray and SD County Registrar of Voters/Voter Hater Mikel Haas, after a BRAD BLOG report revealed that pre-programmed, election-ready, hackable-in-60-seconds Diebold voting machines were sent home illegally (in our rarely humble opinion, though one shared in a recent interview by California's new Secretary of State Debra Bowen) with poll workers on overnight "sleepovers" days and weeks before the U.S. House Special Election last July to replace the disgraced Randy "Duke" Cunningham.

There is much more than just the "sleepovers" at question in the case, like the fact that Haas, one of America's worst Elections Officials, arbitrarily and capriciously quoted a legal request by voters for a hand-count in the race at $150,000, effectively stymieing the possibility that such a count would happen at all. Also at issue is the fact that the case was tossed out by a lower court judge after the Bilbray team argued --- with the help of a letter [PDF] from the then-Republican U.S. House Admin Committee in Congress --- that California courts and voters had no say over the issue.

In that letter, the House Admin Committee argued that they, not the California courts or voters, had sole jurisdiction over the case once Bilbray was sworn in. He was sworn in after a fax was sent claiming he was the winner of the election, from the very partisan and now-former CA SoS Bruce McPherson's deputy, Susan Lapsley. Lapsley sent the fax just days after the election, despite the controversy that had erupted over the effectively-decertified voting systems used in the race, the slim reported margin between the two candidates, and the fact that the state hadn't yet actually certified the race, in which tens of thousands of votes in San Diego county had yet to be counted at the time.

Attorney Paul Lehto, working with Carlsbad attorney Ken Simpkins, filed both the original case and the appeal. UPDATE: We've now got a number of accounts of the argument from folks in the courtroom on Monday.

First, Simpkins sends us the following update (which is shorter than our recap) from the first day of hearings last Monday in the appellate case...