Guest Blogged by David Swanson of After Downing Street

Only in America can elected officials go on TV and confess to felonies (including torture and warrantless spying, not to mention aggressive war) and the resulting debate focus around the question of whether investigating the "possibility" of wrong-doing would be too radical. This week a coalition of dozens of human rights groups including the Center for Constitutional Rights, the National Lawyers Guild, and the Society of American Law Teachers released a statement, as drafted by The Robert Jackson Steering Committee, cutting to the chase.

It reads in its entirety:

I wrote this statement with some helpful tweaks from colleagues and have been screaming the same basic message for about three years, but I sense more than ever right now that more ears are open to it.

While actually enforcing laws and "getting tough on crime" is now considered the radical leftist position and a "truth" commission the reasonable compromise, it is clear that a bipartisan commission would create the bipartisan bickering our elected officials are so eager to avoid. It would also, in Senator Patrick Leahy's view, investigate the complicity of Democrats as well as Republicans in the crimes of the past 8 years, thus guaranteeing that neither Democrats nor Republicans will support it.

If Congress can't take the heat and won't even enforce its own subpoenas, it should leave well enough alone. Statutes of limitations are running out fast, and we don't have time for another commission. If President Obama wants to distance himself from enforcing the law, he can do what he is supposed to do and leave the matter in the hands of Eric Holder. And if Attorney General Holder wants distance he can do what is required and appoint a truly independent prosecutor. Doing so would please the following organizations. More are signing on every hour, and both organizations and individuals can sign on at ProsecuteBushCheney.org.

Signatorees, as of 2/25/09, include...

From BlackBoxVoting.org's Bev Harris, on the section of the new Election Reform bill being proposed in the U.S. House by Rep. Rush Holt (D-NJ), which would federally institutionalize secret software for vote counting, and the requirement of non-disclosure agreements for those who are lucky enough to be allowed permission to examine it...

Last week, we analyzed the latest draft version [PDF] of Holt's soon-to-be-introduced "Voter Confidence and Increased Accessibility Act" bill in depth. We detailed the dangers of its provisions allowing for secret software --- which even he and his office admit have been included in the bill because Capitol Hill lobbyists from "the proprietary software industry...won" the battle over full software and hardware disclosure --- along with Holt's continued insistence on allowing for the use of unreliable, unverifiable touch-screen voting devices.

[Updated at end of article, with details on hearing announced for next week.]

Neither Salon's nor RAW STORY's coverage made it completely clear whether the Senators are discussing an idea that is different from Leahy's previously-floated "Truth Commission" --- where immunity would be granted to many who testify, in questionable exchange for making "the truth" known --- though this investigation does seem to be distinct from that one. We'll try to keep our eye out for Leahy's press release today, in case it offers some clarity. [Update: See details of Leahy's announcement added at bottom of article.]

One point from Salon, also worth highlighting, is that the tenacious Sen. Whitehouse seems keen on using this investigation to help disprove the often asserted notion that the Bush, um, "enhanced interrogation" policies saved lives, despite the lack of evidence supporting that wishful thinking, and the growing body of evidence and testimony --- from those who actually know --- which plainly disputes it.

Retired Maj. Gen. Tony Taguba, who led the investigation of prisoner abuse at Abu Ghraib, is quoted from a recent interview as disputing those who have claimed --- from the comfort of their keyboards --- that torture saved lives: "Some of those activities were actually not effective and those who thought so were in the academic or pristine settings of their offices," Taguba told Salon. "What would they know?"

Whitehouse adds: "It is important to prove the point, because they keep saying, 'We saved lives. We interrupted plans. We did this, that and the other.'...Well, when you drill down, there is never a fact there. It turns into fog and evasion."

Again, with Whitehouse on both the Senate Judiciary and Intelligence Committees, with access to much more information than has been made public to date, he oughta know. At least slightly more so than the Wingnuts who rule the public airwaves and, with it, the public "debate" on these issues to date.

UPDATE 1:34pm PT: On the Senate floor today, Leahy announced his plans for a hearing next Wednesday, March 4th at 10am ET (including a live webcast), called "Getting to the Truth Through a Nonpartisan Commission of Inquiry."

Details follow...

Sounds about right to us...

Back in 2001, I wondered about the same thing. Why is the first address to a joint session of Congress in a new President's term not called a "State of the Union" address? And isn't a State of the Union message required by the Constitution every year?

I'm on the road this week (and next), so I'm short on time to find out the answers to those questions. If anyone has the answers, or any other thoughts on tonight's address to a joint session of Congress by President Barack Hussein Obama, please feel free to share them in comments...

Update: Thanks to commenter "Jon in Iowa", for the link to CNN's explanation of the above questions.

Update 7:32pm PT: Minority Off!

EAC Commissioner Rosemary Rodriguez has tendered her resignation and will return to Colorado to be the State Director for Senator Michael Bennet. Commissioner Rodriguez joins ex-Commissioners Soaries and Martinez who resigned before their term was up and not, like ex-Commissioner Hunter, to take another job in DC.

Lawmakers in New Jersey have taken the state backwards as the State Senate agreed with the House that the state should scrap plans to provide any verifiability in their elections. A requirement signed into law a few years ago should have required a "Voter-verifiable Paper Audit Trail" [VVPAT] on all of the state's Direct Recording Electronic [DRE] voting machines over a year ago. Instead the deadline has been a moving target and will now, with signature of the Governor, go away...

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It's another edition of the Green News Report on the web!

TODAY: The "Obama Effect" on the world, CA water woes, BP's pollution problem, and credit that melts in your landfill, not in your hands...

Thanks to Green960 in San Francisco and ActionPoint Online in Phoenix for running the GNR on the air! More affiliates coming on board soon (we hope), ask your local station to pick it up!

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More info/links on stuff we talked about on today's episode follow below...

Guest Blogged by John Gideon of VotersUnite.org

"It is through the Constitution that we control the reins of government and insure that it remains the protector of individual, unalienable Rights - i.e., the servant of the People.

"Therefore, it behooves the People to show the Government that the People know what their Rights are and what Government's obligations are, that the People are watching Government as it exercises its delegated powers and that the People are prepared to act if the Government steps outside the boundaries drawn around its power by the Constitution." --- We The People Foundation

The U.S. Election Assistance Commission (EAC) works for the People. It doesn't work for special interests. It doesn't work for the voting system vendors. The EAC has an obligation, spelled out in its past advisories, public statements and, most importantly, in federal law, to carry out oversight of the voting systems we, the People, use in our federal elections. It does not matter that the EAC commissioners are not elected to their positions. They are still servants of the People.

Not long after being created by the Help America Vote Act (HAVA) of 2002, the EAC published, on June 8, 2004, "Chairman Soaries' Remarks about Electronic Voting Security Strategy for the November 2004 Presidential Election." The comments, by then EAC Chairman DeForest "Buster" Soaries included recommendations "to insure election integrity and promote voter confidence in the administration of the 2004 federal election," and stated, in part: "[The] EAC should solicit information about suspicious electronic voting system activity including software programming and should request aggressive investigative and prosecutorial responses from the U.S. Department of Justice Elections Crimes Branch in the Criminal Division."

The above was restated in a July 13, 2004 "Commission Advisory Letter" [PDF].

It's clear that if there is to be any federal body to recommend investigation and/or prosecution to the DoJ, in regards criminal violation of federal law concerning voting systems, it is to be the EAC, the body charged with testing, certifying, and performing as the "national clearinghouse...with respect to the administration of federal elections" (42 U.S.C. § 15322) and the electronic voting systems employed across the country.

And yet, the EAC has continued to utterly fail in those duties, as a particularly maddening chain of inquiries and emails --- back-and-forth and round-and-round --- that we'd sent to the EAC commissioners and their spokesperson over the past three months illustrates all too well. All we were trying to do was get a simple answer to a very simple question...

Guest Editorial by Ernest A. Canning

I am a California attorney. After 31 years of practice, I find myself in the enviable position of semi-retirement. As my practice winds down, I have had the luxury to follow the Coleman election challenge closely, both reading court filings and watching a good deal of the proceedings. I consider The BRAD BLOG the most extensive and thorough source of the dangers of E-voting. I felt, however, it would be useful to provide a legal analysis of the present state of the Coleman challenge.

Brad Friedman's described the latest effort by team Coleman to challenge absentee ballots it had previously agreed were properly opened and counted, as a "flip-flop,". While accurate, the term does not begin describe the deep legal dilemma now faced by Norm Coleman's attorneys in the U.S. Senate election contest in Minnesota...

-- Brad Friedman

Congressman Rush Holt (D-NJ) is preparing to drop a new version of the "Voter Confidence and Increased Accessibility Act" legislation which met so much resistance during the last Congress from both Election Integrity advocates and those opposed to any reform whatsoever alike.

A recent draft of the new legislation [PDF], as obtained by The BRAD BLOG, is an improvement over last session's controversial HR 811 bill (which we covered, at the time, in exhausting detail, as indexed on this special coverage page) in that it would ban the use of Direct Recording Electronic (DRE) voting devices by the 2012 general election. However, the new bill fails to ban all forms of computerized touch-screen voting and, indeed, encourages it through federal funding to help jurisdictions move from DREs to similar, but non-tabulating, Ballot Marking Devices (BMDs).

We could well jump out of the frying pan, and into yet another frying pan, if the legislation passes as currently drafted.

BMDs, which often use touch-screens to allow voters to make selections, offer many of the same flaws and dangers that DRE voting systems do, such as: the possibility that votes may be flipped on the touch-screen to selections other than those chosen by the voter (as seen in state after state on DREs over the last several election cycles); failures to boot up and power outages which keep citizens from being able to vote at all; machine shortages which cause long lines, discouraging voters from waiting to vote; and the requirement for voters to attempt to verify the accuracy of their ballots on three separate occasions, before the computer-marked version of the paper ballot is actually cast.

Holt has offered The BRAD BLOG a fairly puzzling response to our concerns, at least as we read it, which we'll share in full below.

Moreover, in addition to encouraging the use of troublesome, expensive, and hackable electronic BMDs, the new bill would federally institutionalize the ability of private election companies to keep their hardware and software from public review by requiring that anyone who wishes to examine the systems and source code for integrity, must show cause, get "approval" from a governmental body (largely, only scientists, academics, or election officials need apply) and sign a non-disclosure agreement before being allowed to do so.

While the bill offers some improvements over previous versions, the major flaws still inherent in the legislation --- as it's currently drafted --- will fail to ensure the security, accuracy, and transparency that American democracy requires and deserves. As a sweeping piece of (much-needed) federal reform, we'd better make sure that we get it right this time, since it'll be years, perhaps decades, before we get another bite at that apple should this legislation actually be signed into law this time...

Two quick updates to the Coleman/Franken Election Contest/Mini-Series playing out in Minnesota, both via TPM's Eric Kleefeld, since we're on another deadline today...

1) All of a sudden yesterday, the trial began rapidly picking up pace for some reason. A record "nine and a half" officials were "sworn in, direct-examined, cross-examined, re-direct-examined and excused"

2) Coleman may be setting an all-time flip-floppery record, as he has changed positions, yet again, on originally rejected absentee ballots that he agreed should be counted during the post-election hand-count. The counting of those ballots resulted in a 176 net gain for Franken, leading to his final 225 vote lead over Coleman at the end of that hand-count. As Kleefeld, who details the back-story here, describes it: "Coleman was originally against counting them, then for it, then against it, then for it, and now against it, in that order."

While the new position seems nearly insane (both on a legal, and practical level), the method to the madness is becoming clearer and clearer: Coleman, and his top legal hatchet-man/arsonist, "Swiftboat" Ben Ginsberg, are setting up the case for an appeal to higher authorities, to argue that the election was simply too close to call, the results within the "margin of error", beset with "illegally" counted ballots, and otherwise "fatally-flawed", and the election contest trial itself "a legal quagmire". All in hopes of asking somebody, anybody, (SCOTUS please?) for a do-over election.

We discussed that gambit, and its likelihood of success in this previous article. All of Coleman's moves, of late, seem to support that same general legal strategy.

Amusingly and ironically enough, it was Franken who the nutty Republican National Lawyers Association (RNLA) recently described as "desperate". Go figure.

In today's Tim Dickinson interview with House Speaker Nancy Pelosi in Rolling Stone, it sure seems like she's leaning towards accountability for the criminals in the Bush Administration. Many of her words sound like the correct ones, even if she's a bit too enamored of Leahy's "Truth and Reconciliation Committee" proposal, which, among other "shameful" things, would likely results in a whole bunch of immunity, to a whole bunch of folks who deserve no such thing.

But she says she supports what Conyers is doing in the Judiciary Committee, in continuing to pursue Rove, Bolten and Miers. She says she can foresee a scenario in which senior members of the Administration are actually prosecuted. She says "The American people do not want wrongdoing to go unaddressed." She even said similar words to Fox "News" two days before the Inauguration.

So why does it always feel like she's still sitting on a fence? And, if she really believes these words she says, as House Speaker, can't she do more to make them happen?

Here's the snippets of note from Dickinson's interview. You tell us what the inscrutable Speaker really means. Or does she even know herself?...

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It's our second edition of the Green News Report on the web! Both of us are still celebrating by still getting over colds.

In today's report we discuss hamburger Hummers, killing killer whales and pushing back at wingnut anti-environmental disinfo experts (yes, we're talking to you, Rush, Fox and friends!)

Got thoughts for us? Wanna help sponsor the GNR? Wanna run it on your favorite local radio station? Let us know at GreenNews@BradBlog.com, or leave comments below.

More info/links on stuff we talked about on today's episode follow below...

Al Sharpton has described Sean Delonas' outrageous editorial cartoon, published in Rupert Murdoch's New York Post, as "stunning". We'd have to agree.

UPDATE 2/19/09: Protests grow outside of Murdoch's NY Post building in NYC. Details...

LATE UPDATE 2/19/09: NYPost issues unusual apology (they usually do no such thing), and it's also an unusual non-apology apology. And a fairly obnoxious one at that. We post it here in full so you don't need to give your clickage to that particular rag:

UPDATE 2/24/09: And now Rupert Murdoch himself, issues his own personal apology. RAW has it...

[Updated at end of article.]

While God may have chosen him, if not the voters of Minnesota, evidence is growing that former Sen. Norm Coleman may be preparing for a "do-over" gambit. We'd offered speculation on this front a week or two ago, and yesterday, following another slog of a day at the U.S. Senate Election Contest court in St. Paul, the Republican's top legal spokes, Ben Ginsberg, described the election as "fatally-flawed" in his post-trial presser. The freshly floated phrase has re-ignited speculation about Coleman's longer-term legal strategy...