Recently it was revealed that the Humboldt Election Transparency Project had found that the county’s Diebold/Premier voting system had lost 197 ballots. Today Kim Zetter of WiredBlog, in one of our featured articles, revealed that the GEMS audit logs not only don’t answer questions about how the 197 ballots were lost but don’t answer many questions at all. Zetter also reveals that the state of California is investigating the lost ballots and these “Greek” audit logs. One of the featured interviews in Zetter’s article is with Doug Jones of U of Iowa. His comments are discussed in our second featured article....

Guest blogged by Brad Jacobson of MediaBloodhound

[Please note: While the "Challenge" is based on material from MediaBloodhound's pages, the experience of this annual trainwreck is universal. As one editor put it today, "This is funny and sad." - B. Jacobson, MBH]

The following are quotes and headlines culled from this past year at MediaBloodhound (keep in mind some were said or written prior to '08 but noted here during the year). Some are real (fact) and others are from satirical articles (fiction) posted under "The Wounded-Courier." See if you can distinguish between the two. Once you've answered all the entries --- but not before because multiple entries may come from the same post and checking one might give away another --- you'll find the answer key at the very bottom.

All right, news junkies and media mavens, the 2008 Fact or Fiction Challenge is on:

1) “Hey, tell Brokaw to suck it.” - Chris Matthews, following Tom Brokaw's on-air dressing down of Matthews during MSNBC coverage of the Democratic primary race

2) “If we had a state-run media, how would it be any different?" - Democracy Now! host Amy Goodman

3) “Worse than seventeen Donna Rices sitting on Obama’s lap on a luxury yacht called ‘Monkey Business.” - Gary Hart, one-time Democratic presidential hopeful, on John Kerry’s endorsement of Barack Obama

4) “Now and for the foreseeable future, virtually everything involving Britney is a big deal.” - Frank Baker, Associated Press Los Angeles Assistant Bureau Chief, in a memo to staff

5) Headline: "McCain Threatens Bombing China Over U.S. Flag Sales"

I've had this picture in my mind lately, an editorial cartoon-like drawing, of a dam about to break and someone (Obama?) leaning hard up against it in futile hopes of keeping it from bursting forth. The dam and its contents, in my mind's eye, are labeled "Bush Administration Crimes and Failures." I've been pondering, over the last several days, how we're soon likely to learn that everything we think we already know about the historically-unparalleled failures, crimes and cover-ups of the Bush administration, will likely prove to be barely the tip of the iceberg as the Bushies lose their power, and "the files" are finally opened for all to see.

It's likely to take years, after President Obama is sworn in next week, to unearth the entire breadth of the degradation, filth, corruption and dismantling of federal law and U.S. Constitution under the current administration, and to piece together all of the unshredded and likely-shredded evidence both, and to take in the information likely to pour forth from officials and former officials who finally find the courage to tell the world just how bad it all really was and is (even if many of them would now be doing so only to salvage their own hide.)

One hint of what will be found beyond the tip of that iceberg, or inside that near-to-bursting dam (take your metaphorical pick) comes in today's remarkable report [PDF] from the DoJ Inspector General on the illegal politicization of the hiring practices at the DoJ's Civil Rights Division and "other improper personnel actions" in the division.

It's remarkable on several fronts. Not only because it describes the politicization of the department under the Bushies, their strictly illegal hiring practices; their determined dismantling of a core of career attorneys devoted to years of legal-processes in the fight for civil rights; as well as perjury and out-and-out lying to Congress, but also because the report itself --- in one last classic stroke of corrupt Bush Administration gaming of the system --- was completed last July, prior to the election, but held for release until today, just 7 days before the criminals (or at least those who won't be still-embedded like cancer cells within the federal buearocracy for years to come) take their leave.

And, as if all of that isn't bad enough, with the out-and-out finding of criminal wrongdoing in the report (such as illegal hiring practices and lying about them to Congress), the Bush Administration's own DoJ has decided that no prosecutions should be brought against the Bush Administration's own DoJ for the Bush Administration's own DoJ's now-well-documented actions in breaking federal law.

The bastardization of the DoJ Civil Rights division is a topic which we've covered closely over the years here at The BRAD BLOG, and even played a part in helping to expose, for example, when the head of the Voting Section in that division, John Tanner, was forced to resign from his post, not long after we'd video-taped and published controversial (and inaccurate) comments he made at a 2007 conference in Los Angeles declaring that disenfranchising Photo ID restrictions at the polling place were more of a concern for the elderly than for African-Americans because "minorities don't become elderly the way white people do. They die first."

(See our now-infamous video, shot by our own Alan Breslauer, at right.)

As today's (actually July's) report reveals, that wouldn't be the only unfortunate --- and one might say, "ironic", given his position --- derogatory remark made about African-Americans by Tanner. But the bulk of the report, it seems, is devoted to one Bradley Schlozman, who insidiously twisted the mission of the Civil Rights division, brought political prosecutions in order to try and affect the outcome of elections, in violation of written DoJ policy, and attempted (and arguably succeeded) in helping to engineer an outright illegal, and ideological purge --- an ethical cleansing, if you will --- at the department, in an attempt to stack it with far rightwing brethren from the Federalist Society, or "right thinking Americans" (RTAs), as he referred to them among friends...

Just a quick update...I've been on the road for the last month or two, and now finally nearing home. Not there yet, but hope to be soon. If any from our fine list of Guest Bloggers are available to jump in here, hopefully they will while I still have more hours of on-the-road, off-the-grid time ahead in the next several days. Otherwise, I should be back "full time" pretty soon. Frankly, the sooner the better, as there are a number of reports I've been working on, but haven't had time to complete for ya. They'll be coming soon. Even if not as soon as I'd like, while still on the roll.

Obviously, we could use more guest reporter/contributors around here, but they are very hard to come by, particularly given the type of blogging we tend to do here (more reporting than opinion) and particularly at the "price" I'm able to pay (approximately nothing, unfortunately). However, if you, or someone you know, might be interested in doing some BRAD BLOGGING, and think you have the investigative and writing and editing skills and/or the sense-of-humor (as appropriate) for this joint, please feel free to drop me a private note, along with a few links to a few short sample items that you feel may be appropriate BRAD BLOG-type stories which may give me an idea of your work. Use subject line: "GUEST BLOGGING!"

Would love to hear from you! And thanks, otherwise, for your continuing patience for our otherwise road-weary and still wrist-hobbled, nearly-one-man blogging band. We'll try to make it back to our home, before Obama gets to his...

The following email invitation arrived today, from reader "Karen"...

The BRAD BLOG welcomes any other insider tips on rooms planned for the library, but not yet listed above...

In New Jersey there is a lawsuit that has been going through the court process since 2004. The complaint asks the State Superior Court to block the use of nearly 8,000 Sequoia Advantage Direct Recording Electronic (DRE touch-screen) because they “cannot be relied upon to protect the fundamental right to vote.” This lawsuit probably played some large part in legislation that required voting machines used in the state to be outfitted with a Voter-verifiable Paper Audit Trail (VVPAT).

Sequoia Voting Systems has not been able to meet the legislative deadlines, for a VVPAT printer, which have been moved a couple times. In fact only recently it was announced that the legislature may introduce new legislation to repeal the previous legislation. This move would probably have given more strength to the lawsuit.

Now, suddenly, the state has announced that they will require the Sequoia DREs being used in 18 counties to be refitted with VVPAT printers. It seems clear that this move by the Secretary of State is an attempt to make the lawsuit moot. The state will surely argue that because the DREs are refitted with printers there is no need to change to optical-scan technology.

One question that the state and Sequoia must answer though: Is there a printer in development or developed by Sequoia for use on the Advantage? If not, the state continues to be in violation of the law and it seems that they are being aided and abetted in that by Sequoia.

Also there are hints in the Houston media of problems in the vote count last Nov. Look for more on that over the next week or more....

On Monday, we reported on former Senator Norm Coleman's right to challenge the election results in Minnesota which found Al Franken the winner by 225 votes before Franken is officially seated by the Senate.

That is, of course, the appropriate way to allow for election challengers to have their day in court, without nearly-insurmountable prejudice being stacked against them by having their opponent already seated. Incredibly enough, that's not the way most states do it, as most send officially certified results to Congress --- effectively, and Constitutionally, according to judicial precedent, handing jurisdiction of the seating of the member to a partisan Congress, robbing voters and local courts of having the final say --- before legal election contests are fully settled.

On Tuesday, Coleman filed his expected election contest in state court, which Franken's attorneys memorably described as "the same thin gruel, warmed-over leftovers ... that they have been serving the last few weeks."

We've been on the road since the complaint was filed, and haven't had time to review the 204-page suit [PDF] ourselves, but thankfully, TPM's Eric Kleefeld has done so, and reports it as "a marvelous thing"...

President-elect Barack Obama said today that there is "no pride of authorship" on his economic stimulus package. For good or bad, in regard to that particular initiative, this seems to me what a President should sound like. Let's hope he means it, and that this m.o. extends to all aspects of his Presidency. (appx 3 mins)...

As I've recently been consulted by Obama's team overseeing transition review of the U.S. Election Assistance Commission (EAC), and have offered what I believe to be some good ideas about serious reform for the so-far dreadfully-failed commission, I'll hope he means what he says in the above about accepting such ideas and putting them into practice. We shall see, but the words said above sound very good to my ears.

While these things are usually decided by numbers of readers for any particular website --- and as we noted when originally nominated as a Finalist for the 2008 Weblog Awards, that would likely be as far as we'd go, given the huge readership of many of our fellow (excellent) nominees --- we're happy to remind you that you can vote for us anyway.

And you can even do it once every 24 hours! So do it! And do it again! (Yes, in this election, stuffing the ballot box is perfectly legal!)

Who knows, but a good turnout may put a few important BRAD BLOG stories, such as those on election integrity issues found nowhere else, in front of that many more eyeballs.

With all of that said, we're delighted and grateful to Jill C., of the always-sharp Brilliant at Breakfast (Disclosure: Jill has guest blogged here a bit of late) for her endorsement of The BRAD BLOG in a category with a particularly impressive club of fellow nominees. Here's her kind endorsement...

Thanks, Jill! And be sure to read her full item for other endorsements, and marvel at her ability to keep up with so many blogs! Yes, we're jealous of that!

Guest blogged by Brad Jacobson of MediaBloodhound

During Monday's State Department press briefing, Associated Press State Department Correspondent Matthew Lee posed the most pointed question about the conflict in Gaza and the Bush administration's position: "What’s wrong with an immediate cease-fire that doesn’t have to be sustainable and durable if, during the pause that you get from an immediate cease-fire, something longer-term can be negotiated?" Lee didn't tread lightly either when Deputy Secretary of State Sean McCormack failed to provide a sufficient answer and continued to challenge McCormack on the same point in Tuesday's press briefing.

Yet a funny thing happened on the way to print: the substance of these exchanges never made it into Lee's corresponding articles...

...For Coleman.

Imagine the round-the-clock phony "outrage" from the Public-air Propagandists (Fund, Limbaugh, Hannity, etc.) you'd be hearing about "felons voting in the MN Senate race!" had the felon voted for Franken. Such as it is, however, he voted for Coleman, so it doesn't actually "matter".

But now that we're here, can we finally do away with these stupid restrictions on felons voting? Especially if they're out of jail, as this one was. He was on supervised release, after being convicted and imprisoned in 2004, when he was 20, for having sexual contact with a 15-year-old girl.

On Election Day, he had left a voice message for his supervisory agent that he was going out to vote, only to come home later to find out from the agent that he had broken the law. He has since pleaded guilty to illegally voting.

"I was just excited that the presidential election was coming up and I would be able to vote," he said. "I had never voted in my life. ... I really wasn't aware that I couldn't vote."

Why should felons --- often more directly affected than most by government laws, good ones or bad ones --- be disallowed from having a voice in the government that makes those laws? Particularly after they've served their time in jail?

I realize that may not be a "politically correct" point of view in many quarters. But I don't care. If you're out of jail, of voting age, able to participate in society, and are bound to the laws of that society, you ought to be able to excercise your voice in that society by being able to cast a vote in a democratically-held election. Period.

I realize that felons, even after release, may have other rights taken from them, but voting doesn't seem as if it should be one of them. If you have an argument to the contrary, of course, I'd certainly be interested in hearing what it is

[UPDATE 1/8/09: Oops! The article discussed below is indeed from Wednesday, but from a Wednesday in 2007! March 14th to be precise. I'll not out the colleague who sent it to me, who similarly thought it was published yesterday. But I'll thank the commenter who finally noticed the date on the Reuters article, re-remind myself of the the dangers of "road blogging" too quickly, and otherwise make myself feel better by noting that my originally expressed caution about getting too optimistic at this point was apparently well placed. As another commenter then noted, the original bill in question was later blocked in the Senate by an unknown, likely-Republican, Senator. Let's hope the Ds now have enough votes and control of the Senate to avoid the same fate for these bills that need to be passed now in the new Congress. And my apologies for the false-positive alarm. - BF]

From Paul Krugman (via MCM):

The BRAD BLOG covered the fracas, fireworks and smack-down(s) in the Summer of '07 first between Moore and Wolf Blitzer here, and then subsequently between Moore and Gupta here.

Said Norm Coleman, as he announced his election contest:

He also added, as if he was serious, "We are filing this contest to make absolutely sure every valid vote was counted."

The sore-loser Coleman, who refuses to move on, was explaining his tin-foil hat conspiracy theories of a stolen election to reporters and cry-baby supporters, as he made the sour-grapes comments which threaten democracy, as quoted above.

-- Brad Friedman, The BRAD BLOG

The state canvassing board in Minnesota has now certified Al Franken (D) as the winner over incumbent Sen. Norm Coleman (R) in the race for the U.S. Senate. Barring a successful legal challenge, which has now been filed by Coleman, Franken will have won the seat by an astoundingly close 225 votes, out of some 2.9 million cast.

But there's still a chance, albeit a slim one, for Coleman to reverse his fate. A very good provision in MN's law --- not found in most other states --- may delay Franken's seating, meaning he will not be sworn in with rest of Congress at the beginning of the new session slated to start tomorrow. Ultimately, however, the provisions should ensure that whoever is eventually sworn in to serve as the state's Senator will not be forced to serve under a cloud.

The voters of MN deserve that much, no matter how long it takes, and thankfully, like its hand-count laws, the state's provision requiring the completion of legal challenges before final certification is sent to Congress by the Sec. of State, is a model for the nation.

Would that all of the other states in the union had such a provision...