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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
PLUS EXCLUSIVE COURTROOM VIDEO of the Democratic Party's Attorney Presenting Case During Yesterdays Hearings...
By Michael Bryan on 12/7/2007 1:55am PT  

Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ...

The trial is heading into overtime. What was to be the third and final day of the trial ended with the Democratic Party having rested their case at the afternoon break and the County just getting into their witness list. Judge Miller called to reconvene at 8:30 a.m. Friday morning with a determination to finish the trial.

To get up to speed with details on what this trial is about, please see my introductory post, and you may want to take a look at my summaries of the first day of trial and the second day of trial.

In brief, the Pima County (Tucson) Democratic Party is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, on the presumption that they should be public records. There is a belief that the databases, if obtained by the party, may show fraud or other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections easier, even though those same county officials and insiders have all the means and opportunity to manipulate elections.

Today, I have posted a full summary of the testimony of Pima County's head elections programmer Bryan Crane, started Wednesday and concluded Thursday. His testimony was expected to be very important, as it is the appearance of impropriety on his part that prompted the Democrats' inquiry and led to an investigation by Arizona's Attorney General and, ultimately, this lawsuit.

Crane didn't do the county any favors. He undermined his own credibility, developed a great fondness for the expression "I can't recall," and, upon questioning by Judge Miller, revealed that the security threats the County claims are posed by the release of the GEMS database following an election are illusory or highly implausible.

There was brief testimony from the former Chairman of the Pima County Democratic Party, Paul Eckerstrom, who explained the decisions that led to the formation of the Election Integrity Committee, whose findings and research led to this point.

Once the Democratic Party rested their case, the county moved for a judgment as a matter of law, which asks the judge to decide the case in their favor on just the plaintiff's testimony. It is largely a pro forma motion, but it provided an opportunity for counsels to frame the case thus far. Democrats' attorney Bill Risner took the opportunity to test a few of the themes that will likely figure in his closing arguments.

That footage of Risner making his case, is about 10 minutes long and is presented at the end of this post, hot off our press pool camera, in a BRAD BLOG exclusive. The judge took only a few minutes to decide that the plaintiffs had presented a sufficient case that the County must proceed with their side of the case.

The County put on their first witness, the elections director of Gila County, Arizona, another jurisdiction using an identical GEMS tabulation system. The choice backfired significantly. Her testimony revealed that she was completely ignorant of any security issues with the Diebold system her county uses, presumably because she relies on the Arizona Secretary of State and the Diebold corporation for security information. Her county contracts out their election preparation to a private company based in Glendale, Arizona, rather than do it in-house like in Pima County. The private company she contracts with just sends them back a prepared database, which the county then uses in their elections, never having checked the contents of the database.

Except for logic and accuracy testing (running a few sample ballots), the integrity of Gila County's elections rests entirely on the honesty of that private contractor.

The county then put on Merle King, the director of Georgia's Kennesaw College Center for Election Systems. The Democrats' legal team calls him 'The Man from Diebold.' He is a professional expert witness in voting systems who never saw a Diebold system he didn't love. The county made quite a production of eliciting the information that Mr. King had been paid the handsome sum of $10 to appear. I guess it was meant to illustrate how independent he is, but his expenses are being underwritten by someone: my money is on Diebold. His testimony and more will be available tomorrow.

In the meantime, enjoy the Democratic Party's champion Bill Risner presenting his motion for judgment, direct from the courtroom yesterday...


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By Brad Friedman on 12/6/2007 10:59pm PT  

...Which now officially displaces our long-standing previous winner from late '05...

(Hat-tip Jeff Cohen)

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Admission Was Reported by ABC News But Has Largely Been Ignored by Corporate Media
By Jon Ponder on 12/6/2007 9:52am PT  

Guest blogged by Jon Ponder, Pensito Review.

The White House has quietly admitted that George Bush lied to reporters at a news conference on Tuesday when he said he was not informed by intelligence officials that Iran's nuclear weapons program had been suspended in 2003.

On Tuesday, Bush denied he knew the program had been disbanded when he warned the American people in October that Iran's pursuit of nuclear weapons could unleash World War III. Now, as we reported last night at Pensito Review, Bush press flack Dana Perino confirmed off-camera to reporters that, in fact, Bush learned about the suspension of Iran's weapons program in August.

According to ABC News' Martha Raddatz...

The White House made a stunning admission Wednesday that appeared to suggest President Bush has directly contradicted himself about when he learned U.S. intelligence that Iran had halted its nuclear weapons program...

After taking a reporters' question earlier today about exactly what the President was told, White House press secretary Dana Perino provided a response to reporters Wednesday night.

Perino stated Bush had been told in August that Iran suspended it's covert nuclear weapons program.

"In August, DNI Director McConnell advised President Bush that the intelligence community would not be able to meet a congressionally imposed deadline requiring a National Intelligence Estimate on Iran because new information had been obtained just as they were about to finalize the report," Perino wrote in an emailed response.

"He said that if the new information turns out to be true, what we thought we knew for sure is right. Iran does in fact have a covert nuclear weapons program, but it may be suspended," Perino's email said.

Perino also said McConnell told the President the new information might cause the intelligence community to change its assessment of Iran's covert nuclear program.

Of course, Perino's latest version of who-knew-what-and-when may well be yet another lie. New Yorker reporter Seymour Hersh said earlier yesterday that Dick Cheney knew about the Iranian program's suspension as late as last November, and that he had "kept his foot on the neck of that report" until last week.

The White House has apparently been successful in burying the news that Bush lied at the news conference on Tuesday about when he was informed about the suspension of the Iranian program --- and that, by extension both Bush and Cheney have been lying to the American public for months about the threat Iran poses to world peace.

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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
PLUS: Deposition footage of chief election programmer, Bryan Crane
By Michael Bryan on 12/5/2007 11:47pm PT  

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was a day packed with testimony Wednesday in Tucson as the plaintiffs' attorney, Bill Risner, continued to crank through his witness list. The day ended with the last witness that will be called by the Democratic Party, Bryan Crane, whom Pima County Attorneys have repeatedly labeled "much maligned," just preparing for a rehabilitating friendly cross-examination by Pima County attorneys. Crane's testimony is pivotal to the case, and will be posted in its entirety tomorrow after cross and re-direct are complete.

To get up to speed with details on what this trial about, please see my introductory post, and if you missed yesterday's action, you may want to take a look at my summary of day one. In general, the Pima County (Tucson) Democratic Party, is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election on the presumption that it should be of public record. There is a belief that the databases, if obtained by the party, may show fraud and other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections more feasible, even though those same county officials and insiders, currently have the easiest route to tampering with such elections, since they already have all the access they need to such information.

The witnesses on Wednesday included a slate of employees from the Pima County elections department. The summaries of the testimony of Isabel Araiza, Robert Evans, Chester Crowley, Romi Romero, and Mary Martinson are posted together on BlogForArizona.

These employees' testimony was sought by the plaintiffs to try to establish a pattern of negligent oversight and security procedures at the elections department, including the actions of head programmer, Bryan Crane (deposition video footage of Crane at bottom of this article), taking backups of election data home and illegally printing summaries that included current vote totals in the midst of elections and then sharing that data with persons not part of the election department.

The prime witnesses of the day, however, were Brad Nelson, the director of the elections department, Crane, the "much maligned" head programmer, and the man with responsibility for the entire bureaucracy, Chuck Huckleberry, the County Administrator...

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

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Paul Supporters, Who Pledged to Vote Only Once Each, Cry Foul, Document Evidence on YouTube, Make Music Videos of 'Mitt Robbery'...
Straw Poll Organizer Reportedly Tells Woman: 'If you make a big deal out of this, you will get hurt'
By Brad Friedman on 12/5/2007 10:47pm PT  

Blogged by Brad from the road...

Okay, we retract our hundreds of articles with evidence that Voter Fraud (as opposed to Election Fraud) is exceedingly rare. At least when it comes to Republicans and Florida.

The St. Petersburg Times is reporting that Mitt Romney supporters stuffed the "ballot box" (actually touch-screen DRE voting machines) by voting multiple times at last week's GOP straw poll in Tampa, FL, just prior to the Republican CNN/YouTube debate. Ironically enough, the video evidence, some of it posted at the end of this article, has been posted all over YouTube.

According to the Times...

Lined up at the voting machines, Paul supporters flaunted their single tickets and pledged to vote only once.

Meanwhile, some Romney supporters openly admitted to using rolls of tickets to vote multiple times. Romney won the poll with 893 votes, while Paul finished with 534.
...
It was all caught on tape, and the local Paul supporters rushed to share their complaints with the rest of the world.

By week's end, at least three videos hit YouTube, documenting Romney supporters - including prominent lawyer and lobbyist Fred Leonhardt - openly casting multiple votes.

In one video, a Clearwater woman and Paul supporter sat on a couch and accused Pinellas County GOP chairman and straw poll organizer Tony DiMatteo of threatening bodily harm if she didn't stop complaining.

"Tony's exact words on the phone to me was, 'If you make a big deal out of this, you will get hurt,'" Sofie Lefebvre said in the video. "And I was shocked. At that point, I realized that there was a lot more corruption going on than we even realized before."
...
DiMatteo dismissed the incident, calling it a non-issue that he refused to discuss any further.

"I've read some of those comments [angry ones, from Paul supporters accompanying several Youtube videos]," he said. "These are a bunch of people that need to get lives and don't understand what really happened here."

Granted, these GOP straw polls are phony from the get-go. The candidates buy tickets and give them out to supporters to show up and vote for them. They're fund raisers for the local Republican parties. But, theoretically, it's supposed to be one vote per ticket per person.

But these are Republicans. And this is Florida. So such rules concerning voting don't much matter. (Isn't that right, Ann Coulter?)

Besides, what better way to fire up the troops than by encouraging them to vote multiple times just before the upcoming primaries?!

The Ron Paul supporters have put tons of videos up at YouTube on this. Here are a few of the best we came across after going through a bunch of them. You're welcome...

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

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PBS Explores Many Of The Ways Republicans And The DoJ Are Working To Disenfranchise Democratic Leaning Voters
By Alan Breslauer on 12/5/2007 11:18am PT  

Guest Blogged by Alan Breslauer

Will The 2008 Vote Be Fair? That was the topic addressed by host David Brancaccio and former Justice Department official David Becker on NOW last Friday. Part I (at left, 10:01) begins with a discussion of Photo ID laws to prevent the "invented problem" of voter fraud. The discussion continues at the 6:15 mark on the topics of voter caging and voter purging --- when the DoJ requires jurisdictions to purge their voter rolls when they do not match census estimates.

Part II (at right, 9:50) begins with Becker explaining how the Bush 43 Justice Department has subverted its traditional mission: "During about a five year span, not one single case was brought on behalf of African Americans in the Voting Section of the Civil Rights Division". Becker goes on to state that policies were established that favored Republicans and disfavored Democrats in an effort to "gam[e] the system" to retain power.

Next, Brancaccio and Becker explore how the U.S. Attorney scandal fits in to the bigger picture. Becker: "The DoJ, especially under Alberto Gonzales, was being used as an arm of the right wing of the Republican Party to effectuate partisan gains in elections". Finally, the program concludes with a discussion on voting machines and Florida's 13th District.

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Sy Hersh: '[Cheney] Has Kept His Foot on the Neck of That Report ... for a Year'
By Jon Ponder on 12/5/2007 8:50am PT  

Guest blogged by Jon Ponder, Pensito Review.


Repercussions continue to shake out in the wake of the release this week of a National Intelligence Estimate (NIE) that says Iran abandoned its nuclear weapons program four years ago.

At a news conference yesterday, George Bush denied knowing that U.S. intelligence had learned the Iranian program had been suspended when he warned the American people last month that Iran was on the verge of launching World War III. He was not lying, Bush suggested, but rather his own incompetence and famous lack of curiosity led him to give the false warning. Bush said that when Director of National Intelligence (DNI) Mike McConnell told him in August that new information about the Iranian nuclear program had come to light, he simply did not bother to ask the DNI about the nature of the new developments.

If the muted response to this assertion, from reporters at the news conference, is a guide, journalists close to the White House appear to believe that while it may be unacceptable for Bush to lie to them, it is perfectly okay for him to issue false predictions about an impending apocalypse if the warnings are based entirely on his ineptitude as commander-in-chief and his personal lack of curiosity.

As if all of that isn't a sorry enough state of affairs, today we learn that Dick Cheney has known about --- and actively suppressed --- the intelligence community's finding for over a year. In particular, Cheney knew that Iran suspended its weapons program when he made this statement on Oct. 21, 2007, in an address to a Washington think tank...

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

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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
By Michael Bryan on 12/5/2007 8:19am PT  

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was an eventful day in the courtroom in Pima County yesterday, with opening statements and the first two plaintiff's witnesses' testimony. Already, the general shape of the controversy is becoming more clear and many of the media access issues have been favorably resolved. The Election Integrity press pool is providing video to local news and other interested parties on a non-exclusive basis and there is a ground-swell of support and interest in the trial and use of the resultant footage among journalists and documentarians.

Full summaries of the opening statements of the plaintiff's attorney Bill Risner and Pima County Deputy County Attorney Christopher Straub are available on BlogForArizona.com and they lay out the positions of the litigants.

See our initial backgrounder/intro to this trial, as posted yesterday, right here.

The position of the Democratic Party, argued in the courtroom yesterday, is that the statutory role of the political parties in Arizona, and in America historically, has been to oversee and participate deeply in our elections. The elections belong to the people, not the government. The database the party seeks access to on behalf of all political parties is the only computer record of the election that can provide the information needed to ensure that elections insiders cannot, and have not, manipulated the election. Absent a clear statement by the legislature, the parties should not be denied access to this crucial information to carry out their traditional role of ensuring the public's political rights. Certainly no tortured interpretation of outdated language regarding computer technology from a statute written in the 1980s should be allowed to deny the people access to their election data, only a clear and unambiguous expression from the legislature should be able to do that.

The position of Pima County, however, is that the database requested must remain confidential.

They argue that providing the database to the political parties would violate the standards promulgated by the Arizona Secretary of State because the files contain procedural information and code that is used to program elections machines, and could reveal information that might compromise future elections. The county agrees that the Diebold GEMS software used to tabulate votes has serious security flaws, but that is all the more reason to not allow the information in the database into the public domain...

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

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Thomas Asks How Many More Innocent Iraqis Will Have to Die Before the U.S. Pulls Out
Perino: 'Helen, I Find It Really Unfortunate That You Use Your Front Row Position ... To Make Such Statements'
By Jon Ponder on 12/5/2007 7:12am PT  

Guest blogged by Jon Ponder, Pensito Review.


From Dana Perino's press briefing on Friday, Nov. 30, 2007:

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

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Is He Lying Or Is He the Head of an Intelligence Service So Incompetent That U.S. Security Is in Jeopardy?
Take Your Pick...
By Jon Ponder on 12/4/2007 2:54pm PT  

Guest blogged by Jon Ponder, Pensito Review.

In August, the U.S. government intelligence agencies sent word up the chain that Iran had suspended its nuclear weapons programs back in 2003. And yet, about two months later, on Oct. 17, 2007, George W. Bush issued a dire warning about Iran's nukes to the American people:

Bush: "I've told people that if you're interest in avoiding World War III, it seems like you ought to be interested in preventing them from having knowledge necessary to make a nuclear weapon."

At Bush's news conference today, amid his tired, cringe-inducing towel-snaps at the White House press corps, he denied knowing the Iranian program was suspended in October when he suggested that the apocalypse was nigh:

[BUSH:] I was made aware of the NIE last week. In August, I think it was [Director of National Intelligence (DNI)] Mike McConnell came in and said, we have some new information. He didn't tell me what the information was; he did tell me it was going to take a while to analyze. Why would you take time to analyze new information? One, you want to make sure it's not disinformation. You want to make sure the piece of intelligence you have is real. And secondly, they want to make sure they understand the intelligence they gathered: If they think it's real, then what does it mean? And it wasn't until last week that I was briefed on the NIE that is now public.

And:

Q I understand what you're saying about when you were informed about the NIE. Are you saying at no point while the rhetoric was escalating, as "World War III" was making it into conversation, at no point nobody from your intelligence team or your administration was saying, maybe you want to back it down a little bit?

[BUSH:] No, nobody ever told me that.

Normal U.S. presidents don't generally suggest, especially off-handedly, that the planet is on the brink of World War III. Is it really possible that Bush could have been so woefully uninformed about his own government's intelligence findings that he could make such a world-class blunder?

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

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By Brad Friedman on 12/4/2007 1:48pm PT  

Blogged by Brad from the road...

In discussing WaPo's failure to properly describe Karl Rove's most recent indisputable lie (claiming it was Congress, not Bush, who rushed the resolution to authorize the use of military force in Iraq), Greg Sargent hits upon one of the most maddening --- and demonstrably destructive --- failings of the corporate mainstream media agenda-setters...

As Glenn Greenwald notes, the unwillingness of news orgs to challenge GOP lies by taking that extra step and using the F-word --- "false" --- is "one of the most significant problems in how our establishment media functions." And as Times proved yesterday, when this extra step is taken, the world doesn't get knocked off its axis. Yet WaPo's editors --- perhaps out of fear, perhaps for other not particularly admirable reasons --- simply refuse to label GOP falsehoods what they are.

It's time the Washington Post, and scores of other such news outlets like it, start using actual words, like "lie", to report on what is actually going on in this country. No doubt they'll get around to it soon enough. Just in time for Hillary.

That, even as WaPo apparently has no problem reporting out and out rumors lies (long ago disproven ones at that) on their front page --- at least when they involve Democrats --- to the point that even a WaPo cartoonist had to take them to task for it.

And about this "balance" bullshit...oh, don't even get me started...

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The Pima County Democratic Party sues Pima county for public records access to election databases
PLUS FLASHBACK VIDEO: Pima's Election Director, Brad Nelson, Gone Wild on Video Tape...
By Michael Bryan on 12/4/2007 8:07am PT  

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.

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By Alan Breslauer on 12/3/2007 12:49pm PT  

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.

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By Jon Ponder on 12/3/2007 10:57am PT  

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:

"[There] is direct precedent for the production of these records to the Committee. During the Clinton Administration, the Justice Department provided the Committee with dozens of FBI 302 reports of interviews with White House officials. No White House official — including the President and the Vice President — was exempted from the production. Among the White House officials whose FBI 302 reports were provided to the Committee were President Clinton, Vice President Gore [and 10 other top White House officials, including current and former chiefs of staff].

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:

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

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Sometimes a Medal of Freedom Just Isn’t Enough
By Jon Ponder on 12/3/2007 8:34am PT  

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):

Nearly three years after Paul Wolfowitz resigned as deputy Defense secretary and six months after his stormy departure as president of the World Bank --- amid allegations that he improperly awarded a raise to his girlfriend --- he's in line to return to public service.

Secretary of State Condoleezza Rice has offered Wolfowitz, a prime architect of the Iraq War, a position as chairman of the International Security Advisory Board [ISAB], a prestigious State Department panel, according to two department sources who declined to be identified discussing personnel matters. The 18-member panel, which has access to highly classified intelligence, advises Rice on disarmament, nuclear proliferation, WMD issues and other matters.

"We think he is well suited and will do an excellent job," said one senior official.

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

The Secretary of State's International Security Advisory Board, formerly called the Arms Control and Nonproliferation Advisory Board (ACNAB), provides the Department with independent insight and advice on all aspects of arms control, disarmament, international security, and related aspects of public diplomacy. The ISAB is sponsored and overseen by the Under Secretary for Arms Control and International Security. The Board provides its recommendations directly to the Secretary of State. The Board currently has 18 members and is chartered to have up to 25. Board members are national security experts with scientific, military, diplomatic, and political backgrounds. The Board meets in a plenary session on a quarterly basis.

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

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