Blogged by John Gideon and Brad Friedman

The results of California Secretary of State Debra Bowen's "top-to-bottom review" of electronic voting systems previously approved for use by her predecessor is still underway. But before any of the findings from her teams of security specialists, software analysts and voting systems experts have been made public, the unprecedented analysis has already revealed a disturbing anomaly which may have far-reaching implications for both state and federal voting systems laws across the country.

As The BRAD BLOG reported exclusively almost three weeks ago --- precisely zero media outlets bothered to file their own reports on this matter until last weekend --- all voting machine vendors certified in California had submitted their source code to Bowen for the review, except for ES&S, America's largest voting machine company.

After their refusal to submit the code as required for the test, Bowen demanded the source code used for the InkaVote Plus voting systems marketed by ES&S, and used exclusively in Los Angeles, be released to the state by the escrow firm which had been holding it as per state law.

Following Bowen's demand to the escrow company, Iron Mountain Intellectual Property Management, ES&S reluctantly agreed to give their own version of the source code to the state.

Oddly enough at the time, the voting machine company, in an arrogant letter to Bowen (posted here in full by The BRAD BLOG), demanded that she withdraw her request to receive the version of the source code already stored in escrow at Iron Mountain. The letter succeeded in keeping our already-raised eyebrows at full perk, as the demand that Bowen not review the code in escrow, but rather look only at the one ES&S was sending, raised several troubling questions. Among them, we wondered at the time if perhaps the version stored in escrow was not the version actually used on the county's voting systems during last year's election. If so, there could be enormous ramifications for the company, and for the idea of escrowed source code for voting systems in general.

Over the weekend, an article in the Los Angeles Daily News, the first organization to jump into this matter following our series of reports, filed a story on the matter which began to validate our suspicions. The paper reported that due to the late submission, the InkaVote Plus system would not be included in Bowen's "top-to-bottom review", presenting questions about which voting system would be allowed for use in 2008, in the country's most populous county. LA County is larger than many states in America.

It's as yet unclear whether Bowen will completely decertify the InkaVote Plus system for use, or whether she will take other steps.

Perhaps more disturbingly, however, the Daily News report includes comments from CA's Deputy SoS for Voting Systems, Lowell Finley, indicating that our concerns about differences in the submitted and escrowed source code may have been precisely on target.

We contacted Bowen's office for more details, and they shared with us the letter sent from Finley back to ES&S in response to the company's curious demands. The letter is posted in full at the end of this article. And if the issue Finley raises is indeed true, there may be a whole lotta trouble ahead...

We just saw Michael Moore's Sicko tonight in St. Louis, and so were pleased to return to our current home base, to find RAW STORY's video coverage of Moore's long overdue smack down with Wolf Blitzer and CNN from earlier this afternoon.

Go watch it. If only for Moore's taking Blitzer and his network to task for helping us into the endless and idiotic Iraq quagmire. (If you can't watch the video, the tull text transcript is now posted here.)

"Just apologize to the American people and to the families of the troops for not doing your job four years ago," Moore excoriated Blitzer after a "Reality Check" report on Sicko by Dr. Sanjay Gupta, which the filmmaker declared "so biased it's unbelievable."

"We wouldn't be in this war if you had done your job. Come on. Just admit it. Just apologize to the American people," he continued in just one choice selection of his rant against the CNN and the mainstream media failures that sent us into --- and have kept us in --- this mess. (After checking out the video, you can send your thoughts to CNN here.)

Thank you, Michael. Again.

As to the movie, go watch that too. We'd have more to say about it, but we're still pondering it all. We had hoped to go with a couple of doctors (our cousins) so they could tell us what was "wrong" with the movie. But for some reason, they weren't interested in going. We hope you will be. It was exceedingly eye-opening even if --- despite all the kudos Moore has received for "his most mature film to date" --- we think he pulled a few punches. Perhaps we preferred him when he was less mature, but maybe that's just us.

But if that was any drawback to his film, and it really wasn't, he made up for it --- in spades --- today with dead on-target ass-whooping to the hapless Wolf Blitzer and friends.

UPDATE 7/10/07: As promised, during his fracas with Blitzer, Moore has now posted a fact-filled refutation of Gupta's so-called "Reality Check". We'll see if CNN and Blitzer, as promised, issues the appropriate apologies and corrections in light of it. Also, well worth reading in response to all of those MSM'ers who so diligently "fact check" when it comes to Moore's film (hey, they need to hold "power" accountable, right? Might as well try to do it once every three years when a Michael Moore film comes out!) see James Clay Fuller's "Commenting on the Commentaries" from Twin Cities Daily Planet. Finally, Moore appears for "Part 2" with Blitzer tonight at 7pm ET on CNN's The Situation Room, and perhaps more notably, with Gupta himself on CNN's Larry King Live tonight at 9pm ET. Someone feel like counting the number of commercials for Health Providers and Pharmaceutical Companies during those two hours alone on CNN, just for yucks?

LATER UPDATES: Video of Part 2 of the Moore/Blitzer interview, aired the next day, now posted here. Video of the Moore appearance with Gupta on Larry King Live now posted here.

Guest Blogged by Alan Breslauer

Citizens for Legitimate Government has begun posting the DC Madam phone records online. Thus far CLG has managed to put online phone records with billing dates 08/22/06 and 12/22/05. I have already gone through the shorter August 06 list and added my notes here. CLG will be maintaining and posting a master list which will be updated as citizens from around the country weigh in. Well, what are you waiting for? Get to work!

Guest Blogged by BRAD BLOG D.C. Correspondent Margie Burns

Looking into the combination high-level and shadowy backstory of Marc Rich, pardoned unpardonably by former President Clinton on the latter’s last day of office, will throw further light on the longterm Libby-Cheney relationship.

While this little item below went rapidly down the memory hole, back in early 2001 (very early) the incoming Bush administration made little noise (very little, very quickly ceased) about revoking Rich’s pardon. No public emphasis by the administration that Libby, the new chief of staff for Cheney and Special Assistant to Bush, had recently been Marc Rich's attorney for twelve years.

The following short 2001 article was published in Globes Publisher Itonut, ‘Israel’s Business Arena’ [online]...

Blogged by Brad Friedman from St. Louis...

Charging that Congressman Rush Holt's (D-NJ) Election Reform bill (HR 811) "does not address the concerns that Americans have, to do something about electronic voting," Ohio's Rep. Dennis Kucinich reiterated his withdrawal of support for the controversial legislation last Friday.

In an interview on the Peter B. Collins show, the Democratic presidential candidate confirmed earlier reports that he intended to drop his co-sponsorship of the bill in favor of requiring paper ballots for American elections. HR 811, as currently written, fails to ban dangerous electronic touch-screen (DRE) voting systems.

Last week, Election Integrity advocates announced a new effort to contact Congress members in order to learn their position on the Holt bill, and whether or not they would support such a ban. They are asking for help from the public in contacting all members of the U.S. House. (More details on the effort, and how you can help, below.)

"I'm hopeful that Congressman Holt will modify his bill before he pushes for passage of it," Kucinich told host Peter B. Collins during a short interview late Friday.

Here's the short audio of the exchange concerning the Holt Bill [less than 2 mins]:

Here's the transcript of the exchange:

Kucinich had originally announced his intention to drop his co-sponsorship of the bill last month when asked about it by Election Integrity advocates during a phone appearance at DemocracyFest in New Hampshire. The Ohio Congressman's name is still listed as a co-sponsor, along with 215 others, on the Library of Congress website, but The BRAD BLOG has been told by a source familiar with the LOC's Thomas database that co-sponsorship lists on that site are no longer updated after bills have been introduced and then voted out of committee...

Guest Blogged by Alan Breslauer

Robert F. Kennedy Jr. at Live Earth yesterday spoke truth to power in this fantabulous speech (video above).

Kennedy challenged the notion that environmental advocacy was in contradiction to sound economic policy. He charged that "the oil industry and the coal industry and their indentured servants in the political process" making the claim were presenting "a false choice."

Among his exhortations was a call to action to respond to environmental disinformation by holding advertisers who support the disinfo operatives accountable.

"The next time you see John Stossel or Glenn Beck or Rush Limbaugh or Sean Hannity --- these flat-earthers, these corporate toadies, lying to you, lying to the American public, and telling you that global warming doesn't exist," Kennedy said, "you send an email to their advertisers and tell them that you are not going to buy their products anymore."

A transcript of RFK Jr.'s comments at Live Earth follow in full below...

Blogged by Brad from St. Louis...

Slowly but surely, the issue of felonious Republican "Vote Caging" during the 2004 Presidential Election is making its way into the consciousness of media, federal, state, and local elected officials and --- whether they like it or not --- the Bush/Cheney campaign officials who were involved in the practice despite repeated consent decrees signed by the RNC that they would no longer use the tactic to target minority voters for removal from voting rolls.

Today, the Florida Times-Union is reporting that, "Internal city memos show the issue of Republican 'vote caging' efforts in Jacksonville's African-American neighborhoods was discussed in the weeks before the 2004 election, contradicting recent claims by former Duval County Republican leader Mike Hightower - the Bush-Cheney campaign's local chairman at the time."

The report goes on to say that Hightower had previously denied any knowledge of the practice of vote caging, which includes sending registered letters, marked "Do Not Forward," to targeted voters along with a request to return a postcard. When the postcards are not returned, officials might then take measures to challenge the voters at the polls, or remove them entirely from the voting rolls.

Last month, Hightower reportedly told that paper that the issue of caging never came up in county meetings prior to the elections, and that he had never heard "of that expression or that practice."

The Internal memos show otherwise, according to the paper. In fact, the issue came up quite regularly at meetings. Nonetheless, Hightower --- pulling a Bob Dole and referring to himself in the third person --- is sticking by his denial...

Guest blogged by Jon Ponder of Pensito Review

Bushies are experts at blowing smoke up their base. They're doing it now in full lather because George W. Bush's commutation of Scooter Libby's sentence on Monday was such a brazen buyout of a partner in crime that even rank and file Republicans can see it for what it is.

In particular, GOP operatives must raise doubts among what's left of the Bush lovers about Valerie Plame's covert status at the time Cheney's boys outed her. If her status was undercover, the leakers could be accused of violating the Intelligence Identities Protection Act (IIPA). The seriousness of this crime may explain why rightwingers have been all over the Internet spreading the thoroughly debunked lie that Wilson was not covert --- and why two of them went on separate cable news shows last week to slip this false statement into the record.

Transcripts follow:

Guest blogged by DES

Hope you had a fabulous Independence Day! While Brad is out and about traveling on various speaking engagements and posting where possible, our Guest Bloggers are doing the heavy lifting to bring you stories and analysis that matter, that you won't find anywhere else.

The biggest story on last week's list: Fallout from Bush's unprecedented commutation of "Scooter" Libby's prison sentence dominated the newscasts and the marbled fat halls of punditry, as apologists and critics joined in the chorus in the continually-escalating drama that is the Valerie Plame/CIA Leak case. (Guess the Bushies didn't read the DoJ handbook, and are blaming Clinton --- again.) As our newest guest blogger Jon Ponder reveals, the Bush Administration is now publicly operating under "Justice for me, but not for thee."

Second biggest story from the last week: The Obstructors of Justice (Department of Gonzo) continue to bob and weave to hide from congressional oversight, but the Summer of Accountability inexorably rolls forward. What extra-constitutional tactic will the Bush Administration try next? Perhaps VP Dick "A Law Unto Myself" Cheney and his anti-Constitution minions in the Office of the Vice President are working overtime to bring you the latest in bizarre interpretations of the Constitution. If you're down with OVP, you get out of jail for (nearly) free... (at least until you're discovered on the newly-released "DC Madam" phone list... or Cheney-fatigue sets in...)

Although the leaders of the astro-turf group ACVR have "hit the mattresses" for now, the long tentacles of their trumped-up campaign to spread the Republican Myth of Voter Fraud across the nation have surfaced (again) in the U.S. Attorney Purge Scandal, this time in David Iglesias' New Mexico. Perps in the Jack Abramoff Lobbying and Bribery Scandal are also trying to escape further scrutiny (there are so many --- are there any congressional Republicans not involved?)...

And be sure to give a listen to Brad's debate with Larry Norden of the Brennan Center, as they try to sort out just what is going on in the controversial Holt bill on the Peter B. Collins Show...

Blogged by Brad from St. Louis...

Golly, there sure are a lot of Right Wingers out there using Bill Clinton's pardons as reason to say that it's okay that Bush has commuted four felony convictions of the lying covert CIA-operative outer Scooter Libby.

"Clinton did the same thing when he pardoned Marc Rich and so many others," proclaim the Neo-Apologists.

"Where were you when Clinton committed perjury?" they ask (failing to note that he was never actually convicted of a crime, and, in either case, was said to have lied about a sexual matter in a civil case, versus a matter of national security in a criminal case).

In either case, we wonder when one of our brave media anchors will ask the obvious follow-up to one of these clowns. Namely, "Does this mean you now support Bill Clinton's use of pardons? Do you now believe that it was okay for Clinton to lie during a deposition?"

Seems to us they can't have it both ways. If it was wrong for Clinton to lie during a civil suit investigation, and wrong for him to let convicted criminals off the hook with pardons, then it is wrong for Libby to lie (to a grand jury) during an criminal investigation and for Bush to let him off the hook for it.

The Scooter Libby Wingnut Talking Points, however, don't seem to go that many levels deep. Perhaps that's because the Neo-Apologists know that a well thought-out response to the Libby Debacle is not really necessary, seeing as how nobody on the teevee will likely ever bother to ask them such a seemingly obvious follow-up question to their lock-step, sound-bite-crafted response to Bush's commutation.

The 4th Estate fails again.

(Hat tip BRAD BLOG Toon Scout, Pokey Anderson)

Guest Blogged by Jon Ponder of Pensito Review.

It's hard to imagine a counterpoint to Scooter Libby's criminal case more apt and revealing than the case of Victor Rita, a North Carolina veteran who was convicted by the feds of lying under oath about buying an illegal machine gun.

Both Rita and Libby were convicted of perjury and obstruction of justice in federal cases. Both were sentenced to around 30 months in jail. Both sentences were appealed, and Bush officials at the highest levels were involved in the appeals as they played themselves out in the past few months.

In their appeals, both Rita and Libby sought leniency based on their records of public service and current circumstances. Victor Rita served in the Marine Corps for 25 years, including tours of duty in Vietnam and Gulf War I. He is now advanced in age and in failing health. As a result of his crimes, he has reportedly been wiped out financially.

George W. Bush described Scooter Libby's career in public service as "exceptional," but a review of Libby's bio reveals him to be a neocon bureaucrat who held a series of political positions in Republican administrations before moving up to the White House with Cheney and Bush --- where he was either a witness to or a participant in skullduggery and shenanigans the half of which we don't yet know. Libby is in his late 50s, appears to be in good health, and was able to pay his $250,000 fine out of his checking account, probably with the help of a defense fund set up by powerful Republicans friends like Fred Thompson and Mary Matalan.

Earlier this year the appeals by Rita and Libby both took dramatic turns, at which point the similarities between the two cases came to an abrupt end.

Rita's moment came when his appeal was heard before the Supreme Court...

Blogged by Brad from the road in St. Louis...

From David Swanson at AfterDowningStreeg.org:

So what's the hold up? Accountability awaits.

Guest blogged by Joseph Cannon

For months, the so-called "DC Madam" --- Deborah Jeane Palfrey --- has been forbidden by a court injunction from discussing or sharing the contents of the meticulous phone records she kept of her Washington D.C. client base.

Before the injunction was handed down, ABC News' Brian Ross had received a partial list. Ross declared, in a broadcast report, that the phone records did not point to any "newsworthy" individuals beyond the three known names of Randall Tobias (former head of the Agency for International Development), Harlan Ullman (developer of the "shock and awe" military doctrine) and former presidential adviser Dick Morris.

ABC dealt only with records going back five years, and did not have access to the earlier records. Long-standing rumors --- as-yet unconfirmed --- have held that Vice President Dick Cheney used Palfrey's escort service, Pamela Martin and Associates, in the 1990s, while he was still the CEO of Haliburton.

Less than two hours ago, Judge Kessler released the injunction. Palfrey is now free to make those phone records available to any journalists or bloggers who ask for them. She has set out certain circumstances for their release; her primary hope is that those looking into the matter will do so thoroughly. Palfrey has expressed disappointment in ABC's treatment of this story.

When contacted by The BRAD BLOG, Palfrey first expressed her thanks to Judge Kessler. "This decision could have gone either way," said Palfrey, "given our current political climate."

In her decision [PDF], as posted by Citizens for Legitimate Government, the Judge wrote:

The question everyone is asking, and that we asked, of course, is this: Can Ms. Palfrey confirm that Dick Cheney was a client?...

Blogged by Brad from St. Louis...

Supposed to be cooling my holiday heels a bit today, but couldn't let this one pass without comment. USA Today has an article this morning anointing psychologist Drew Westen, author of The Political Brain: The Role of Emotion in Deciding the Fate of the Nation, as the Democrats' new political rhetoric guru.

Nonetheless, in her article, headlined "Democrats get advice on how to talk about issues," reporter Jill Lewis can't seem to help but pass on the conventional wisdom (read: lies) of Republican rhetoric guru/liar Frank Luntz.

"Al Gore should have won" in 2000, Lewis unquestioningly quotes Luntz as telling her. "He lost because Americans didn't want him in their living rooms every night."

No. He "lost" because one vote on the Supreme Court determined that the man who won the national popular vote, as well as the electoral vote in Florida, should not have his votes counted as cast.

Had Lewis gone back and reviewed the findings of her own newspaper, who took part in a study of the ballots across the state of Florida, she likely would have discovered that.

While we realize that history is frequently re-written by the "winners," we see no reason why the corporate mainstream media need to participate in that charade. And yet, nearly 7 years later, and with facts now easily at hand, USA Today continues to do so.

We don't blame Luntz for lying. That's his job. Much as we don't blame Ann Coulter for being an unapologetic liar and hate-monger. We blame USA Today --- and other similarly irresponsible corporate mainstream outlets --- for giving him the platform to continue to pass on his lies without correction. Much as we blame ABC, NBC, MSNBC, et al. for giving Coulter a bully pulpit from which to spew her bullshit.

We need to begin to hold those who hold the keys to the kingdom responsible for allowing the charlatans inside the gates in the first place. Until we hold the media accountable and demand that they clean up their act, the Democratic focus-grouped advice of media message masters like Westen, and George Lakoff before him, won't mean a damn thing.