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Anti-trust probes also said underway in 14 states...
By Brad Friedman on 12/19/2009 6:41pm PT  

On Thursday we reported that Florida's AG office was investigating the recent acquisition of Diebold's voting machine unit by its larger/largest "competitor," ES&S, for possible violations of anti-trust statutes in the state. Today, the New York Post reports that the U.S. Dept. of Justice is also actively investigating the same thing --- along with 14 states in total --- and may "file a suit to unwind the deal" next month...

The Department of Justice could vote down an already-completed merger of the two biggest makers of voting machines.

The Justice Department, Florida and 13 other states have opened investigations into the September marriage between Election Systems & Software and Diebold's Premier Election Solutions, which played a controversial role in the 2004 presidential election, according to a source with direct knowledge of the process.

Sen. Chuck Schumer (D-NY) is planning to hold hearings on the matter next month, the source said.

Even though the merger gave ES&S a whopping 70 percent of the voting-machine market share, the $5 million deal was too small to require government approval.

Now, the Justice Department is looking into the matter and next month could file a suit to unwind the deal, the source said.

Though the Post story seems to be based on a single, unnamed "source," they also note that "A Diebold spokesman confirmed the Ohio ATM maker was cooperating with a Justice Department investigation."

And while there are other "Justice Department investigation[s]" that Diebold is also cooperating with --- as The BRAD BLOG noted early this year, when the company's Chief Financial Officer was forced to stop down: "[Diebold has been] been facing a class-action securities fraud lawsuit from shareholders since 2005; under SEC investigation since 2006; and under DoJ investigation since 2007; and admitted overstating '07 earnings in early 2008" --- Reuters coverage of the story offers more direct confirmation of the DoJ probe of this particular matter. "Diebold spokesman Michael Jacobsen said in an email that the company was cooperating with the Justice Department review of the sale," they report tonight.

BlackBoxVoting.org's Bev Harris deserves much credit here, both for helping to get the anti-trust ball moving when the merger was first announced in September, as we reported at the time, but also for providing the DoJ a great deal of information, statistics, financial and legal analysis demonstrating the monopolistic nature of the sale, and the harm it presents to our already in-tatters system of election in the U.S.. See BBV's additional coverage here.

* * *

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Postpones trip home to hammer out 'meaningful agreement'
Obama: 'Progress did not come easily, this alone is not enough.'...
By Desi Doyen on 12/18/2009 1:09pm PT  

[ADDITIONAL BREAKING UPDATES NOW ADDED BELOW...]

Guest blogged by Desi Doyen

As we noted in yesterday's Green News Report, President Obama is in Copenhagen today at the U.N. climate summit, in an attempt to broker a deal at the historic conference which has been stalled in efforts to reach an international agreement on reducing global greenhouse gas emissions.

It appears his efforts have paid off: MSNBC is reporting that a U.S. official says Obama has brokered a "meaningful agreement" agreement with China, India, and South Africa to move the talks forward.

The talks have been deadlocked over emissions targets, and how reductions will be verified, with China balking at allowing international audits of progress. Obama was originally scheduled to return to the U.S. today after his speech, but canceled his trip in order to enter into intensive high-level negotiations with other world leaders.

LIVE UPDATES ON THIS DEVELOPING STORY FOLLOW BELOW...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 12/18/2009 12:54pm PT  

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Former AL Governor says same people working on his case even after Obama took office...
By Rebecca Abrahams on 12/18/2009 11:20am PT  

Guest Blogged by Rebecca M. Abrahams

Two weeks ago Washington Post reported that U.S. District Judge Emmet G. Sullivan named federal prosecutor Henry Schuelke to investigate whether gross prosecutorial misconduct tainted the government's case against now-former Republican Senator Ted Stevens of Alaska. At issue, whether prosecutors withheld critical evidence from the defense or whether the case was improperly handled under pressure to meet deadlines.

US Attorney General Eric Holder, in a stunning move, threw out the government's corruption case against Stevens last April and issued the following statement:

After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial.

Holder also relocated attorneys who worked on the case including William H. Welch II, who ran the Department's public integrity unit.

WaPo failed to report that William Welch is currently under criminal contempt of court for his role in the case against Stevens. Welch was also involved in the prosecution of former Alabama Governor Don Siegelman. Siegelman was convicted of bribery in 2006 and served nine months in prison before his release was ordered pending appeal.

Despite Welch's pending legal issues, his name continues to be listed on recent filings in Siegelman's case. Siegelman finds this "quite curious as he's been hot after my prosecution for a good long time now."

Aside from alleged governmental misconduct in the Siegelman case, there are paramount legal issues that have been recognized by 91 former State Attorneys General and a group of First Amendment law professors across the country. And yet, while the DOJ is making a point to review Republican cases, not one case against a Democrat has been completely overturned and, as Siegelman told me in a recent interview, he believes very little has changed at the department, other than the names "at the top"...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 12/17/2009 7:24pm PT  

Sen. John McCain (R-AZ) says "comity" in the must-see clip below, but "comedy" might have been more appropriate in regard to Sen. Al Franken's (D-MN) shut down of Sen. Joe Lieberman (WhoKnows-CT), as Franken was presiding over the chamber, which left us laughing out loud, and applauding quietly to ourselves. (Via TPM with more background)...


And, if you missed it earlier this week, Franken's take-down of Sen. John Thune (R-SD) is an absolute must-see as well. Though we've had our own beefs with Franken's politics over the years, we must concede that it's frickin' awesome to finally see and hear someone --- anyone --- speak this way in the U.S. Senate. We'd be delighted to see 60 more just like him! Check it out if you haven't seen it already (and again, TPM has more background)...


Take a bow, Sen. Franken. Please keep up the great work!

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Demon coupling will result in company counting 92% of Sunshine State votes, at least 70% nation wide...
By Brad Friedman on 12/17/2009 4:05pm PT  

From the Herald/Times [emphasis added]....

TALLAHASSEE --- Florida Attorney General Bill McCollum is conducting an anti-trust investigation of a voting-machine company merger that would create a near-monopoly over the levers of democracy in Florida and much of the United States.

McCollum's office has issued at least six subpoenas covering every major voting-machine company as part of a civil investigation of Election Systems & Software's $5 million acquisition of Diebold Inc.'s elections division --- a merger that would give a private company too much power over the machines used to cast votes, voting-rights groups say.

``Our office engaged in this issue because anti-competitive behavior can seriously harm consumers,'' McCollum said in a written statement. ``Competitive behavior encourages the best products be available to consumers, including technology, particularly in a market as sensitive as the voting systems market.''

Under the state's 1980 anti-trust law, McCollum could persuade a court to levy fines against ES&S or prevent the company from operating in Florida. By next year, the company is expected to be the exclusive provider of voting machines and services in 65 of the 67 counties in Florida, the nation's most important swing state.

That means, under the acquisition announced Sept. 2, ES&S will provide election services to 92 percent of Florida's 11.2 million voters.

More broadly, ES&S's purchase of the competitor company gives it control of the voting machines in nearly 70 percent of the nation's precincts, according to a federal lawsuit in Delaware filed by a rival company, Hart Intercivic. The U.S. Department of Justice is conducting its own inquiry.

ES&S, of course, told the Herald/Times that their acquisition of Diebold "will result in better products and services for all customers and voters alike." And, if you believe that, we've got an unhackable voting machine to sell you....

[Hat-tip BRAD BLOG emailer JM]

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By Frank Schaeffer on 12/17/2009 1:32pm PT  

Guest blogged by Frank Schaeffer

Dear Republicans: I used to be one of you. In fact you'd likely have no "Tea Bag" movement if it hadn't been for my dad and me, and many others who, back in the 1970s and 80s, instigated the rise of the Religious Right. Dad and I were leaders of that movement. Then, after 1985, I got out, quit, left. But I hadn't given up on the Republican Party altogether. As late as 2000 I worked to get McCain elected in the primaries instead of W Bush. (Later, as a "thank you", McCain wrote a long and wonderful endorsement of one of my books about the military family.) When I saw the lies told about McCain --- and others --- by the Bush people and my old buddies on the Religious Right I finally quit.

These days I'm an Obama supporter. I'm also horribly aware that what we did, in bringing the Republican Party together with the Religious Right, is the root of one of the great American tragedies: the takeover of the Republican Party by very sick, simple and religiously deluded fundamentalists. And now you are out of ideas to the extent that all Republicans stand for is, well, nothing but obstruction.

What you've been doing in the Senate to stall health care reform is just too sad for words. And I take it personally. Who should I send my rising impossible-to-pay health insurance premiums to? Dick Armey?...

--- Click here for REST OF STORY!... ---

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 12/17/2009 11:33am PT  

IN TODAY'S AUDIO REPORT: COP15 Cop-out? Copenhagen climate talks stalled in the last days --- or are they? Our special coverage continues... PLUS: Are they fake or real? Christmas trees, that is, and which are greener? ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

Listen online here, or Download MP3 (6 mins)...

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IN 'GREEN NEWS EXTRA': NASA: California’s water woes worsen; Quake threat leads Swiss to close geothermal project; U.K.'s celebrity climate change denier Lord Monckton "Makes Mischief"; Contaminated drinking water, the dark side of the natural gas boom; Paper battery shows promise for grid, vehicle energy storage; Is 'malicious bullshitting' the key to global warming denialism?; Solar energy for no money down!; Alaskan lawmakers seek PR firm to fight endangered species listings ... PLUS: Decades later, PA town still burns from coal fire underground....

Info/links on those stories and all the ones we talked about on today's episode follow below...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 12/16/2009 11:08am PT  

Must read from Eugene Robinson at WaPo. "Palin's own 'Climate-gate'". Starts this way:

Sarah Palin is such a cold-eyed skeptic about the Copenhagen summit on climate change that it's no surprise she would call on President Obama not to attend. After all, Obama might join other leaders in acknowledging that warming is a "global challenge." He might entertain "opportunities to reduce greenhouse gas emissions." He might even explore ways to "participate in carbon-trading markets."

Oh, wait. Those quotes aren't from some smug Euro-socialist manifesto. They're from an administrative order Palin signed in September 2007, as governor of Alaska, establishing a "sub-Cabinet" of top state officials to develop a strategy for dealing with climate change.

Back then, Palin was the governor of a state where "coastal erosion, thawing permafrost, retreating sea ice, record forest fires, and other changes are affecting, and will continue to affect, the lifestyles and livelihoods of Alaskans," as she wrote.
...
"Alaska's climate is warming," Palin wrote to Alaskans in a July 2008 newsletter. "While there have been warming and cooling trends before, climatologists tell us that the current rate of warming is unprecedented within the time of human civilization. Many experts predict that Alaska, along with our northern latitude neighbors, will warm at a faster pace than any other areas, and the warming will continue for decades."

In her administrative order, Palin instructed the sub-Cabinet group to develop recommendations on "the opportunities to reduce greenhouse gas emissions from Alaska sources, including the expanded use of alternative fuels, energy conservation, energy efficiency, renewable energy, land use management, and transportation planning." She also instructed the group to look into "carbon-trading markets."

There's more, so please read the rest. So was Palin lying then about global warming? Or is she lying now?

And does it even matter to those who have become so professional at justifying and rationalizing such obvious and overt lies and statements of blatant absurdity that all relationship with Reality has become little more than a quaint memory of days long gone by? Before the madness and derangement had permanently set in...

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Plus: The imaginary case that 'conservatives have no voice in the media'...
By Brad Friedman on 12/15/2009 1:35pm PT  

Sue, Bill, sue! Enough is enough! Go get 'em!...


(Hat-tip @Frank_Schaeffer)

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 12/15/2009 12:17pm PT  

IN TODAY'S AUDIO REPORT: Our special coverage of the historic U.N. Climate Change Conference in Copenhagen continues; AP finds 'no fraud' in stolen climate science emails; New poll finds majority of Americans want a climate treaty ... PLUS: Teabaggers in Copenhagen get a taste of their own tea! ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

Listen online here, or Download MP3 (6 mins)...

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IN 'GREEN NEWS EXTRA': Solar-powered plane has successful test flight; Washington Post Op-Ed editor defends Palin denier column; Climate scientists debunk WSJ “Stalinist” screed; China races ahead of U.S. in green energy; Home weatherization industry one of few primed for expansion; World Bank to fund solar projects in Middle East and North Africa; Plans for new U.S. nuclear plant withdrawn after losing bid for taxpayer loans; Mining company pays record $1.79 billion to clean up hazardous waste across U.S.... PLUS: Top Ten clean technology predictions for 2010....

Info/links on those stories and all the ones we talked about on today's episode follow below...

--- Click here for REST OF STORY!... ---

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Federal body tasked with overseeing U.S. certification of e-voting systems appoints scammer Edwin Smith, VP of e-voting companies Sequoia, Dominion, Hart-Intercivic...
By Brad Friedman on 12/14/2009 10:56am PT  

Incredible. This would be the equivalent of appointing the sitting Vice President of Exxon Mobil to an EPA advisory committee, but Ed Smith has now been appointed to the disastrous U.S. Election Assistance Commission's (EAC's) Technical Guidelines Development Committee as one of their new "Technical and Scientific Experts."

From the EAC's email announcement on Friday (posted in full at end of article):

Edwin B. Smith, III, vice president of compliance and certification at Dominion Voting Systems. Before joining Dominion Voting Systems, Mr. Smith was vice president of manufacturing, compliance, quality and certification at Sequoia Voting Systems. He also served as the operations manager at Hart InterCivic and the senior director of operations at K*TEC Electronics. He holds a Master of Business Administration from the University of Phoenix and a Bachelor of Science in engineering technology from Texas A&M.

So Smith went from voting machine company Hart Intercivic to voting machine company Sequoia Voting Systems and is now at voting machine company Dominion Voting Systems, where he is a VP, selling e-voting systems to jurisdictions around the country that receive federal money doled out by the EAC. And now he'll also sit on an advisory board at the EAC helping to advise which one of those companies sees their systems certified for use in U.S. elections by the EAC. Just amazing.

But that's not even half the story of why this is just incredible, and another huge black eye for the EAC. (How many eyes do they have left to blacken at this point?) If you're not a long time reader of The BRAD BLOG reader, and don't recall who this Ed Smith is, read on. It's simply stultifying...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 12/13/2009 1:05pm PT  

I'll be appearing for a Q&A in St. Louis on Tuesday (12/15 @ 7:30pm), after a screening of Patty Sharaf's award-winning documentary, Murder, Spies & Voting Lies: The Clint Curtis Story featuring both myself, and our reporting here at The BRAD BLOG on the Republican computer programmer turned vote-rigging whistleblower.

The screening is part of the traveling Burning Fuse Film Festival which hits Webster University's Film Series this week. Murder, Spies... will screen Tuesday, December 15 @ 7:30 in St. Louis at Webster's Winifred Moore Auditorium, 470 E. Lockwood, Webster Groves, MO, Directions/Map, More info: 314-968-7487.

Hope you'll stop by and say hello! Here's a flier [PDF] if you're in the hood and feel like helping to spread the word!

(NOTE: If you're not near St. Louis, or even if you are, but would like to support our work, we are still offering DVDs of the film, as signed by both myself and Sharaf, as premiums to supporters of The BRAD BLOG. We enjoy no corporate or foundational funding, so we appreciate whatever you are able to offer to help us continue our work. See this item for details...)

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By Brad Friedman on 12/12/2009 2:22am PT  

From AP today:

E-mails stolen from climate scientists show they stonewalled skeptics and discussed hiding data — but the messages don't support claims that the science of global warming was faked, according to an exhaustive review by The Associated Press.

The 1,073 e-mails examined by the AP ... don't undercut the vast body of evidence showing the world is warming because of man-made greenhouse gas emissions.
...
The e-mails were stolen from the computer network server of the climate research unit at the University of East Anglia in southeast England, an influential source of climate science, and were posted online last month. The university shut down the server and contacted the police.

The AP studied all the e-mails for context, with five reporters reading and rereading them — about 1 million words in total.
...
As part of the AP review, summaries of the e-mails that raised issues from the potential manipulation of data to intensely personal attacks were sent to seven experts in research ethics, climate science and science policy.
...
In the past three weeks since the e-mails were posted, longtime opponents of mainstream climate science have repeatedly ... cited a "culture of corruption" that the e-mails appeared to show.

That is not what the AP found.

Multitudes of climate science denialists have inundated The BRAD BLOG over the past several weeks with comments alleging that the stolen e-mails, offer "proof" that global warming is a "hoax" or the decades of science behind it is a "sham."

Despite repeated and open-minded requests for links to any actual email --- out of more than 1,000 stolen and posted --- demonstrating evidence of such a "hoax" or that the science behind global warming has now been revealed as incorrect, as many claimed, so far none of those denialists have been able to produce a single such a link.

Presumably they found what AP did: that despite cynical disinformation to the contrary from manipulative corporate operatives and stooges in the wingnut media hoping to play the disaffected rightwing rank and file as suckers (yet again), no such email or evidence actually exists. In short --- as with the ACORN nonsense, as with the WMD scam, as with the CIA leak case, etc. --- the tea baggers have been had, and played as useful fools and tools for rightwing corporatists who couldn't give less of a damn about them, other than where they can trick them into serving as their own unpaid PR disinformation squad.

* * *

ADDENDUM 12/13/09: And, in a related toon...

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Powerful Democratic donor, attorney from Mississippi, others, said to have been targeted for political prosecution by the Bush Administration's Dept. of Justice...
By Emily Levy on 12/11/2009 5:17pm PT  

Guest blogged by Emily Levy of VelvetRevolution.us
[UPDATED by Brad Friedman, 12/12/09, 12:02pm PT]

The federal bribery convictions of Paul Minor, an influential Democratic donor and attorney from Mississippi, and several others have been overturned by the Fifth Circuit of Appeals. Critics of the Bush Administration's Dept. of Justice have long charged that Minor's prosecution, along with those of many other powerful Democrats, such as former Alabama Gov. Don Siegelman, were politically motivated and directly manipulated by Bush political operative Karl Rove.

Earlier this year, Velvet Revolution's RestoreJusticeAtJustice.com campaign called on the Obama Administration's Dept. of Justice to review all such prosecutions by their predecessors, and to vacate any that are found to have been politically motivated. [Disclosure: The BRAD BLOG is a co-founder of VR]

The Jackson Free Press has the details on the court's finding overturning the "bribery" counts of Minor and a number of former judges found guilty in the same trial, after improper instructions were found to have been given to the jury by trial Judge Henry Wingate who also sat on Minor's motion to be released during the appeal, even as his wife was dying from terminal cancer...

--- Click here for REST OF STORY!... ---

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