Guest Blogged by Alan Breslauer

For much more on the medias role in spreading lies and propaganda about Al Gore see Robert Parry's informative, "Al Gore v. The Media" at Consortium News, "The Press vs. Al Gore" at Rolling Stone and many a post at The Daily Howler and Media Matters.

One of America's very best political cartoonists --- and certainly one of its most under-appreciated --- Tom Tomorrow, (aka Dan Perkins) reviews the first part of 2007. The rest of the year's shame promised for next week...

In a post noting the bizarrely different schizophrenic reactions, by the GOP punditocracy, to the two crossing-baring Christmas ads from Huckabee and McCain --- only one of them, Huckabee's, managing to be objectionable to the Republican bigs for some reason --- Glen Greenwald concludes with this bit of Christmapocracy observed on the battlefields of the far right loony bin...

...And so it goes.

(Hat-tip BRAD BLOG reader Jim Cirile)

The Cincinnati Enquirer, the paper that originally reported on the still-unresolved case of Warren County, Ohio's tabulation room lockdown on Election Night in 2004, has taken note of the comments made by OH Sec. of State, Jennifer Brunner in The BRAD BLOG's exclusive interview with her last week.

They highlight our exchange with the Secretary, concerning the lack of investigation, by her office, or any other, into the specious "Homeland Security warning" that county officials claimed had forced them to impose an unprecedented lock out, of both the media and public, denying them the ability to observe the tabulation in the counting room on Election Night. Warren County was one of the last counties in the Buckeye State to report their results in 2004 and went overwhelmingly for George W. Bush.

Brunner told us during our interview last week that she found the issue "troubling," and said that she still "can't find any justification for it."

"We'll look again at that situation and see what the best course of action is to prevent it from happening in the future," she promised us.

We argued that the best course of action is to bring accountability in order to send the message that such behavior will not be tolerated again.

At this time, the issue remains uninvestigated, the FBI and Dept. of Homeland Security deny issuing any such warnings to Warren or any other county in Ohio, and many of the county officials responsible for the unprecedented lockdown in 2004, in violation of state law, as well as the same county prosecutor, all remain in charge as another Presidential Election is set to begin in 2008.

Two of the Enquirer's original reports on the disturbing matter are posted here and here.

A very quick review of the reportage at the time, naming the names of those who were complicit, and the federal agencies that denied any such threat, follows...

BushWorld "Reality", meet Tipping Point.

As we head into the holidays (just past O'Reilly's "nine days of Hanukkah"), the wheels continue to come off, if still maddeningly slower than they should, in one case of White House/RNC corruption and/or fraud after another. We used to be able to keep up with the bulk of it. But no more. We throw in the towel, as developments and new cases are now coming faster than Executive Branch officials can declare a suddenly-discovered need to 'spend more time with their families'.

In matters of Election Fraud, a particular specialty of The BRAD BLOG, the under-reported pickings, from which we previously had to choose, were mighty, but slim enough that we could at least touch (if not a great deal more) on most of them.

But no more. And thankfully, of course. Even if it's a bit frustrating not to be able to bring you every step, in every case, as they are now coming fast and furious across the nation.

Several such cases, of what clearly are of enormous import, of late, have received some good coverage elsewhere --- for a welcome change. So we take some solace in that, at least, even if we don't have the resources to keep up with all of them, much less advance them a few steps ourselves, as we always prefer.

But we should at least touch on a couple of them, a bit, for the historical record, here at America's Election Fraud Authority, The BRAD BLOG. Please read on for some pointers to two emerging and mind-blowing stories of apparently rigged elections, that you may, or may not, have read about yet.

Seriously, read on...

*** Special to The BRAD BLOG's D.C. Correspondent, Margie Burns

Washington, D.C. -- U.S. District Court Judge Henry H. Kennedy held a hearing this morning on a motion filed by attorneys representing detainees being held in Guantanamo. Following reports in the New York Times and the Washington Post that CIA videotapes of ‘harsh interrogations’ of detainees had been destroyed, apparently by the CIA, possibly under administration approval, attorneys David Remes and Marc Falkoff filed an Emergency Motion [PDF] for inquiry into the preservation of documents relating to prisoners being held at Guantanamo Bay.

Before Judge Kennedy and a courtroom packed with journalists,

• Lawyers for the detainees are asking the court to schedule a hearing for inquiry into whether the government is preserving evidence relating to detainees. Attorney David Remes expressed concern that the destruction of the two videotapes, as reported, may not be the full extent of the evidence destroyed...

The death spiral for the 131 year-old company, once respectfully known as Diebold, continues, as its stock price falls to a 5-year low today, near year's end (currently $29.23/share and still sinking, from a 52-week high of $54.50/share), along with the additional news that the U.S. Department of Justice has now joined the SEC in an investigation concerning the company's "Enron-like" bookkeeping tricks...

The BRAD BLOG, of course, originally reported on the SEC's investigation into Diebold's book-keeping chicanery back in May of 2006, just a few months after our first exclusive report, based on information from a company insider we dubbed DIEB-THROAT, preceded a 20% stock-price plunge just days afterward.

At the time, back in late September 2005, the stock price plunged to a 52-week low of about $44.37/share (which we're sure they'd kill for now --- not that we wish to give them any ideas) and DIEB-THROAT told us in response to the related news: "the last time this kind of deception occurred it was called Enron."

Then came a class action securities fraud suit against the company in December 2005, as first broken by The BRAD BLOG natch, before the parallel SEC investigation first became public.

Since then, following one independent study after another after another after another, finding their electronic voting systems to be virus-prone, hackable, unreliable and inaccurate, the company finally dumped it's controversial CEO who had infamously promised in a Republican fundraising letter that he was "committed to helping Ohio deliver its electoral votes to" George W. Bush in 2004, before attempting again to fool the American public by renaming its election division "Premiere Elections Solutions" (same pig, fresh lipstick), just after stock prices plummeted again in August of this year to $47.60 as The BRAD BLOG noticed what appeared to us, and at least one financial analyst, to be possible insider trading among a number of company officials.

Prices have continued to fall ever since --- a lucky coincidence, no doubt, for those executives who just happened to unload a bunch of stock near the year's high at $53.05 - to today's 5-year low of $29.20.

Additional bad news arrived last Friday for Diebold when a new study by the state of Ohio found their systems to be easily hackable (again), with better news coming last Tuesday as the state of Colorado's own certification tests, surprisingly, gave their their machines a pass while decertifying many others. Yesterday, however, the reason for the inexplicable get-out-of-jail card they received in CO may have become a bit clearer: As it turns out, the Republican Secretary of State who oversaw the new certification testing, Mike Coffman, is running for Congress, and his campaign shares the same consultants as Diebold/Premier in the state. Go figure.

Diebold/Premiere's spokeshole, Chris Riggall told the Rocky Mountain News in response yesterday, that the company just had no idea about the extraordinary conflict of interest. But with the mission already accomplished, he announced to the paper: "Effective tonight that relationship is terminated."

With their stock-price still spiraling this morning, Diebold is quoted by Crain's Cleveland Business today as saying the company "anticipates [the DoJ] review will be completed in the first quarter of 2008" ... Though rest assured, The BRAD BLOG's review of the company won't be completed by then. Not by a long shot.

Merry Christmas, Diebold!

Republicans in the Senate are refusing to allow an up-or-down vote on nominations to the FEC, which means that at the end of the year when the terms of four current appointees end --- including previously recess-appointed GOP "vote fraud" zealot Hans von Spakovsy --- there will not be enough commissioners to even hold a vote. An interesting, if troubling, notion for a Presidential Election year.

But, as the GOP would not allow votes on the three other nominees (two Democrats and one Republican) after a block had been put on von Spakovsky by Senators Obama (D-IL) and Feingold (D-WI), and as Majority Leader Reid (D-NV) plans to hold pro forma Senate sessions to keep Bush from making another inappropriate recess appointment to the committee, and as Bush also refuses to send up a replacement nominee for von Spakovsky...it looks like that's where we're headed.

TPM Muck has the story, and Reid's statement on the floor today.

So it looks like another GOP vote fraudster goes down for now, now that Democrats have chosen to stand up a bit, for a change. But like all of these guys --- and like any good Bond villain --- they may not stay "dead" for long.

RELATED: Speaking of which, our DoJ Voting Rights section sources tell us John "Minorities Die First" Tanner has still not left the office, as we originally reported in a late-night posting on Tuesday! That, despite having supposedly "resigned immediately" as of last Friday! What's going on here? Is he deleting files on his computer? Was his whole resignation, and supposed reassignment to another job in the Civil Rights Division, just a hoax to get Congress off the DoJ's back? We're trying to figure it out.

Writes one of our sources to The BRAD BLOG this evening: "Tanner is obviously having problems letting go. He's in the office every day. Since his office is in a corner of the building, nobody can be exactly sure what's going on."

Another Voting Section source also writes to say, "Tanner is still there." And adds, "Its awkward. His co-conspirators dine with him."

PSSST... Could someone on the House Judiciary Committee please call the DoJ Office of Legal Affairs and find out what the hell he's still doing in his office?! What is he waiting for, Christmas (of 2008?)

More when, and if, we can learn anything...

UPDATE 12/21/07: He was still in the office today, Friday, a full week after resigning last Friday "effective immediately". A staffer in the voting section, when we called to check, said she expected that he'd be back next Wednesday, after the long holiday weekend.

-- By Brad Friedman, The BRAD BLOG

The BRAD BLOG spoke on Wednesday, by telephone, with Ohio's Secretary of State Jennifer Brunner, for an exclusive in-depth interview following the release of her state's unprecedented "Evaluation & Validation of Election-Related Equipment, Standards & Testing" (EVEREST) review of e-voting systems.

While the bi-partisan, multi-teamed, scientific testing carried out, by a unique combination of both corporate and academic computer scientists and security experts, has won praise from most, if not all (see, predictably, here and here) quarters, the specific recommendations for changes to Ohio's voting system in its wake, as made by Brunner, have garnered a fair amount of criticism and concern from Election Integrity and Administration experts. Indeed, The BRAD BLOG has reported a number of our own concerns about those recommendations, as detailed last Friday upon the release of the report.

One thing is clear: the view from EVEREST is a mountain of "critical security failures" in Ohio's electronic voting systems --- the very same systems which will also be in use in other states and counties all across the U.S. in 2008. The question now is what can be done to mitigate the chances of yet another Ohio election meltdown next year, given the short time before before the state's primary in March, and the rapidly-approaching November general election when many eyes, no doubt, will again be on the Buckeye State.

In our interview --- the first of its kind to be published post-EVEREST --- we challenged the state's new Democratic Secretary, a former state judge, to answer to a number of growing concerns about her '08 recommendations, and whether she may be open to changing them in light of concerns. As well, we asked her about the criticism leveed against her by on-the-ground citizen Election Integrity advocates in the state, who have been critical of her for not having done enough to bring accountability following the J. Kenneth Blackwell regime, under whom Ohio's election system was so infamously gamed in 2004.

Our in-depth, exclusive interview with Ohio's new, and already embattled Secretary of State, follows in full...

Newly missing e-voting chips isn't the only election news to break out of the People's Republic of San Diego County today.

The sunny Southern California enclave, which has succeeded in making an infamous name for itself over the last several years by running some of the most poorly administrated and least transparent elections in the nation, is now suing California's Sec. of State Debra Bowen for her new security mitigation mandate requiring a hand audit of a random 10% sampling of ballots, in elections where the final result margin is less than one-half of 1%.

The full complaint may be downloaded here [PDF].

Deborah Seiler, the former sales rep for voting machine companies Diebold and Sequoia, who was recently named Registrar of Voters for San Diego County, believes Bowen's mandate is onerous in that it would "create extra work and delays" for her office following elections, as the North County Times described it.

Seiler and the county are "alleging that Bowen overstepped her authority in requiring new recount procedures in close races beginning in February," according to the paper, which quotes a spokesperson from Bowen's office defending the legal right of the Secretary to issue such directives as she sees fit.

Bowen's spokesperson, Nicole Winger, confirmed to The BRAD BLOG that the office is confident the Secretary of State may issue such "use procedures," along with voting system certification, which must be followed by counties that choose to use those particular systems. She adds that prior administrations have issued similar use procedures along with system certification, and that their statutory right to do so has held up in past court cases.

According to Winger...

Guest Blogged by John Gideon of VotersUnite.org

Two shipping tubes sent from the California Secretary of State's office in Sacramento to the San Diego County Election Office arrived without their contents. The tubes left the SOS Office with more than 174 memory chips, or Erasable Programmable Read Only Memory (EPROM), containing firmware for the county's Diebold/Premier central-count optical scan voting machines. UPDATE: Precinct-based op-scan chips confirmed by the SoS to be missing as well! See update info at end of article.

The tubes arrived in San Diego but they were empty. The chips are now considered to be either lost or stolen.

WIRED's Kim Zetter reports today...

According to Zetter, the new firmware was being sent to San Diego following software and security modifications made following the state's recent "Top-to-Bottom Review" of e-voting systems. The packages were sent from the Secretary of State's office after being packaged by Diebold/Premier employees with SoS personnel standing witness. The Secretary of State's office confirms that Diebold/Premier regularly uses Fed-Ex as their preferred shipper.

New chips will now be sent and the state says the February primary will not be delayed by the issue. The California Highway Patrol and Sacramento Police are now investigating.

But the story gets worse, in this LATE UPDATE (FROM BRAD):

It looks like the now-resigned but newly-reassigned former chief of the Voting Section in the DoJ's Civil Rights Division, John "Minorities Die First" Tanner, may be having trouble letting go.

The BRAD BLOG received the following email from a DoJ insider who has requested anonymity. We've confirmed the details with another insider DoJ source...

In a follow up note, the source added some detail that the lingering Tanner "had all weekend to pack," but "had very very little actually to pack as he only has one file cabinet in his office."

No doubt, that file cabinet is chock-full of letters to Ohio election officials telling them they did a swell job in 2004.

A second DoJ source confirms the sorry tale. That source told The BRAD BLOG, that Tanner "has been in his office for the last two days" and "he has not been talking to anybody."

"He is ostensibly packing his office, but he has been there," the source told us, before both offered still more insight on the very different way that others were forced, by Tanner, to leave the section in a hurry when their time was up, and on the fete being held tonight by staffers, current and former, in his dishonor...

Guest Blogged by Michael Bryan, Esq.

Judge Michael Miller, in a carefully reasoned and balanced opinion, today ordered the release of the final Diebold GEMS tabulator database files from the contested 2006 Regional Transport Authority (RTA) election 2006 primary and general elections . The judge denied, without prejudice, full public access to every MDB and GBF database file for the 2006 elections in the possession of Pima County until and unless the plaintiffs can address remaining security concerns which might arise from that larger release.

[CORRECTION: Several correspondents point out correctly that the databases for the 2006 Primary and General elections have been released, but not those of the RTA election, which was a mid-year election. Sources near the case speculate that perhaps the judge believed that the RTA election may have been tampered with and did not want further controversy around the results of that election.]

[UPDATE: For a detailed analysis of the judge's ruling see my post on BlogForArizona.com.]

The BRAD BLOG has been following this case closely because unsecured tabulation systems like GEMS are widely used in American elections and completely open to insider manipulation. For background and detailed commentary about the case see my 12/8/07 wrap-up post on the trial.

The immediate goal of the Democratic party --- to be able to look closer at the final election databases for the 2006 election --- is fully satisfied by the ruling. But the broader goal of being able to look at a time series of backups for discrepancies or discontinuities that could indicate manipulation, as Arizona Election Integrity advocates have feared, is stymied for the moment...