It's now just over a year to the day since we first described the now-disgraced and now-former Congressman Bob Ney (R-OH) as the "Soon-to-be-Indicted Bob Ney" in our exposé connecting the dots between him, his former Chief of Staff turned Diebold's top lobbyist on Capitol Hill, David DiStefano, Jack Abramoff's Greenburg Traurig firm and the whole Help America Vote Act (HAVA) sham which Ney pushed through Congress via his crooked chairmanship of the U.S. House Administration Committee.

Back then, few had heard of him. But today, Ney was convicted and sentenced to 30 months in the federal pen after pleading guilty to "illegally accepting trips, meals, drinks, tickets to concerts and sporting events and other items worth tens of thousands of dollars in return for official acts performed for lobbyist Abramoff and his clients."

Ney's long-overdue trip up the river comes despite defense pleas for mercy and sentencing to rehab in light of their claims that it was the evil bottle that dunnit. As ever, Ney continues to avoid taking responsibility. Happily, the judge didn't buy it. Oh, well. Couldn't have happened to a nicer guy.

As a felon, Ney will no longer be able to vote in the state of Ohio, even as America will be stuck with his disastrous and cynical HAVA legislation for years. And despite House Democrats' plans to remove pensions for convicted members, apparently the action will not be retroactive. So Ney will get to retain his $29,000 annual pension from the House. Forever. Nice work if you can get it.

Anyway, another one bites the dust. Now, about the soon-to-be-indicted George W. Bush...

Sure, these will likely be everywhere today. But for good reason. Colbert hit it out of the park twice yesterday. First when he appeared on O'Reilly's show and then again when O'Reilly appeared on his. Both infinitely worth the watch. And to underscore Colbert's genius, the cover that he shows of O'Reilly's book and the last line of his interview with O'Reilly on his own show. Both nothing less than solid gold...

There were two fresh articles this week in the media on the Riverside Hack Challenge as initially reported by The BRAD BLOG after the throw-down by Riverside County Supervisor Jeff Stone to Election Integrity Advocates just before the holidays in early December.

You'll recall he bet "a thousand to one" that the county's touch-screen Sequoia voting system could not be hacked. He did so during a public meeting on video tape. If you don't recall, we'll summarize as briefly as we can. He challenged and the Election Integrity Advocates accepted, as noted voting machine hacker and computer security expert Harri Hursti agreed to take the challenge, and then Stone and the rest of the Riverside Supervisors began to go wobbly. Stone even went so far as to invent ridiculous, unrealistic, unilateral conditions for the hack test in a desperate letter sent to then-outgoing Secretary of State Bruce McPherson, in an apparent hope for a life line from the county's old, but now out-of-power, state ally up in Sacramento. He doesn't appear to have gotten one. The new SoS Debra Bowen's office has informally told The BRAD BLOG they see no legal hurdles to such an independent test of voting machine security.

But with internationally respected computer security experts such as Hursti and Dr. Herbert F. Thompson of Security Innovation (the author of some 12 books on the topic including How to Break Software Security: Effective Techniques for Security Testing and The Software Vulnerability Guide) and others having pointed out that Stone's unilaterally created conditions meant to simulate an attempted hack by a voter on election day were silly, unrealistic, and not the way such a penetration test would ever be carried out in the real world, Stone continues to cower behind them as reported by both media reports this week.

In doing so, Stone is tacitly admitting, of course, that his county's electronic voting systems --- which the Board of Supervisors and Riverside Registrar of Voters Barbara Dunmore have devoutly declared to be "secure" --- are, in fact, anything but.

They know damned well they are not. And their evidence-free claims to the contrary over the last 10 years or so are revealed as little more than unsubstantiated hot air now that their true lack of confidence in their own voting systems has been put on display for the world.

As they well know --- as do the Election Integrity advocates on the ground in Riverside --- the real threat to unsecured, hackable Electronic Voting Machines comes from insiders. That much has been written about time and again by computer security experts and in any number of reports on the topic. Even the biased and partisan and pro-electronic voting machine Baker/Carter Commission admitted as much when their final report on National Election Reform said, "Software can be modified maliciously before being installed into individual voting machines. There is no reason to trust insiders in the election industry any more than in other industries."

Revealed along with Stone's disingenuous "condition" in his letter to McPherson, that the hack tester may not "reach around the back of the machine" --- (Stone may have forgotten when he made his challenge initially that The BRAD BLOG had long ago reported that voters could vote as many times as they wanted on Sequoia touch-screen systems by merely pressing a yellow button on the back of the machine) --- the folks in Riverside have exposed themselves as knowing full well about the unreliability of their crappy, unsecured voting system.

Unless Stone allows a legitimate security penetration test to be held on his systems, as would occur in the commercial world for any such mission-critical, secure system, he is signaling to his constituents, the state of California, and America that even he has no confidence in the security of the equipment supplied to his voters to exercise their precious democratic franchise.

Two more reporters picked up the shameful tale this week in local media.

The Desert Sun's Nicole C. Brambila filed a short piece on Sunday headlined "Hacking debate gains traction" in which Stone and his pusillanimous peeps once again re-iterate the phony conditions for "no tools and no dismantling the machine. And, the hacker has to infiltrate the system in 15 minutes, the estimated time it takes a voter to do his or her civic duty."

We laugh knowingly in Stone's general direction. Even as he likely cries inside.

Of fresh note in Brambila's piece are these final grafs...

Guest Blogged by Michael Richardson

The efforts of the Election Assistance Commission to accredit test laboratories for the nation's electronic voting machines have left the country with only two labs, SysTest and Wyle, operating on interim approval; and one laboratory, Ciber, left unaccredited since the National Association of State Election Directors got out of the certification business last year.

Published reports indicate the Ciber lab was denied interim accreditation last summer for a history of inadequate quality assurance and inability to document that critical tests were performed. The EAC is saying little about the matter to the media and has now been requested by Senator Diane Feinstein to explain why Ciber was not accredited and why disclosure of that fact was kept from election officials around the nation.

EAC regulatory staff might just want to peek at Ciber's website where they will discover that the banned Ciber lab has merged its testing division with EAC approved Wyle lab. Ciber boasts, "The CIBER-Wyle team is your single source for independent voting machine testing."

"With the growing demand for premier independent software/hardware testing of Voting Machines, CIBER and Wyle have joined forces are now offering the quality independent testing solutions needed for voting machine systems supporting the Election Assistance Commission standards."

"Our teams, co-located in Huntsville, Alabama, have now integrated best of breed testing solutions, CIBER for software testing and Wyle for their hardware testing capabilities. By teaming we now offer complete independent voting system testing solutions for voting system vendors and for state governments."

"We combined the two most experienced labs and staffs in the country into one efficient organization. We provide a co-located testing facility on one campus for all your testing needs. Successfully tested and recommended for certification the industry leaders in voting systems. Specialized support for prequalification testing and anomaly resolution/verification."

The Ciber website also has a pitch for state business as well as electronic voting machines vendors but they should have used a grammar check. "The CIBER-Wyle team will help you to make sure that your election is run with little or no room for criticism. They will assist in areas such as assuring that you have the current certified copy of your voting vendor's hardware and software and that you will have implemented a set of state voting standards that will meet the [sic] with the majority of the voters' approval, taking into consideration the usability and accessibility of the voting system."

Ciber's role in testing of voting technology was more than issuing reports to vendors and states, like Florida, which rely upon Ciber reports for their technology advice to local election officials. Despite the growing number of reports about inadequate testing, now leaking out about Ciber's failures, which reveal long-standing problems of deficiency, the test lab also serviced the Department of Defense.

Ciber's self-promotional web page about the Federal Voting Assistance Program provides Senator Feinstein with new areas needing review for sloppy work on the voting system that assists military voters.

"The scope of the work included testing and validation of both the system's functionality and security....based on our certification as an Independent Test Authority, CIBER was awarded this work....Ciber performed system security penetration assessments....Based on this work, CIBER documented system exposures and vulnerabilities. Periodic penetration assessment continued during system operation."

The merger of the two "independent" test labs into one team raises red flags about Wyle's interim EAC accreditation status; while Ciber's voting security testing for the Defense Department, based on its earlier NASED certification, may soon be getting review by Congress.

In a harshly worded fund raising letter sent to members of John Edwards's 2008 presidential campaign e-mail list late this afternoon, his new Campaign Manager, former Congressman David Bonior (D-MI), holds little back in his sharp criticism of both George W. Bush and Democratic members of Congress for their Iraq War policies and politics. (Email posted in full at end of this article.)

The email --- with the eye-popping, if impolitic, subject line "Total Bull" --- first takes aim at Bush's recent pronouncements, as reported by U.S. News and World Report and elsewhere after Bush's appearance on CBS' 60 Minutes last Sunday, "that Congress does not have the power to stop his proposed escalation of the war in Iraq."

"That's bull," Bonior writes before going on in the email to criticize his former Democratic colleagues in Congress, taking them to task for their failure to "step up to the plate and use their power to stop the president from escalating the war."

"I can assure you that Congress does have the power to stop this escalation," says the 26-year former Congressman.

"Some [in Congress] are calling for symbolic statements that do nothing to stop the escalation," he writes. "If you hear a member of Congress say 'non-binding resolution,' then you're really hearing them say 'pass the buck.'"

"And some members of Congress are waiting for --- well, we don't know what they're waiting for."

Citing Edwards's position "calling on Congress to stand up and take responsibility by using its power to prevent this war from getting any worse," Bonior goes on to announce the campaign's plan to run a full page ad in Roll Call, with a petition against the escalation and the "tens of thousands" of signatures from supporters who've signed it. The e-mail asks supporters to contribute money as well towards purchase of the ad.

Edwards's short petition, which can be signed here, calls on Congress to block funding for Bush's escalation plan. It reads in full:

LATE RELATED-ISH UPDATE: First Zogby poll out of Iowa shows Edwards leading the Dem pack with 27%. Far ahead of "second tier dog-fight" between Obama, Hillary, and home state Gov. Vilsack. No big surprises on the Republican side with McCain and Giuliani duking it out, though Newt coming in an eyebrow-raisingly close third place. (Thanks reader TC for the tip.)

The e-mail sent to supporters via the JohnEdwards.com mailing list follows in full below...

I've gotten waylaid by a number of projects and stories over the last 24 or more. With my apologies, here's an Open Thread during which I hope you'll be the blog for now in my absence.

Speaking of "24", I've been meaning to write something of late, as a public service to inform its many wingnut fans that it is a television show. You can easily tell the difference between 24 and Reality because 24 appears only on a television screen. Whereas Reality is that thing that which is seen occurring everywhere else. If they bother to look. Just sayin'. Discuss.

Back very soon...

Guest Blogged by John Gideon, Executive Director, VotersUnite.Org

In the weeks following last November's mid-term election, the U.S. Election Assistance Commission (EAC) sent retiring Commissioner Paul DeGregorio out to cheerlead and to make the voters feel warm and cozy about the election.

The Commissioner keeps telling the voters that we should have confidence in the election process. He constantly states that everything worked just fine except for isolated incidents. Meanwhile, he ignores the facts about failures that happened across the nation. He ignores data such as that which is reported in "E-Voting Failures in the 2006 Mid-Term Elections" written by VotersUnite, VoteTrustUSA, VoterAction and Pollworkers For Democracy.

Early last week Commissioner DeGregorio had an Op-Ed posted by a McClatchy-Tribune News Service newspaper in Mississippi. In this Op-Ed he opens with the following paragraph:

My immediate attention was brought to the mention of an exit poll which showed that 98 percent of voters had a confidence level not seen since before 'Election 2000'. This was news to me and I wanted to see this exit poll so I sent an email to the EAC's spokeswoman, Jeannie Layson:

Here is the remarkable response I received back from Ms. Layson...

Boy, I really hope this is wrong. Or that something changes it. Otherwise, I see nobody amongst the current crop of Dems that I could perceive of supporting. Again.

Exceptions would be a big "perhaps, we'll see much much later" in either John Edwards or Wes Clark. But man would it be a shame for both America and the World --- whether you'd support him or not --- if Gore chose not to run again. Again.

UPDATE: Melinda Henneberger says it ain't so:

(Hat-tip to BRAD BLOG reader KestrelBrightEyes)

RELATED-ISH UPDATE: Btw, on the Republican side, I might suggest one of the dark horses that Democrats should be most concerned about is Arkansas Gov. Mike Huckabee. His recent appearance on The Daily Show may give you an idea why. That is, if he can make it through the hard right phony "conservative" hurdles of the primary process.

Daily Show's Huckabee Interview on Vid here: Part 1, Part 2.

Beyond this interview, I don't know much about him, so I welcome reader feedback --- particularly from Arkansans and others with an inside angle on him.

UPDATE RELATED TO THE PREVIOUS RELATED-ISH UPDATE: E.J. Dionne has a similar thought at nearly the same moment. Calls Huckabee "the brightest star among Republican presidential dark horses" and "the Republican to watch."

Finally! A media outlet which appropriately covered the news from the Senate Foreign Relations Committee hearing last week in which Rice claimed the White House made no estimates for the potential change in casualty rates that may come from their plan to send 21,500 more troops to Iraq.

Over the weekend The McClaughlin Group focused on --- and showed the video of --- the actual newsworthy exchange between Sen. Barbara Boxer and Rice, if you can imagine such a thing.

If you can't, that video is here for you on the right. (Hat-tip Alan Breslauer)

Yes, the Washington Times' Tony Blankley tried mightily to turn the topic to the phony, non-existent "attack" that the White House, and their sycophants in the media from the wingnut blogs all the way over to the NYTimes fell for, but he was fairly well shut down by both Eleanor Clift and Pat Buchanan. But given Wash Times' extraordinarily and purposely twisted "reporting" we saw over the weekend ("Democrats" suggested "the secretary's childlessness, race and sex are to blame for mistakes in Iraq," distorted the White House Organ and Tony Snow's old stomping ground), we're not surprised at Blankley's attempts to do the WH's bidding.

It's only a shame that Lawrence O'Donnell wasn't sitting in with 'The Group' this week.

Yes, O'Reilly keeps up the disingenuous (or uninformed, take your pick) attacks as he was on all morning about Boxer's non-existent "attack" on Rice, as if any such attack actually occurred, on his Radio Factor. Hey, Bill: You can read the transcript of the exchange here, or you can look at the actual video above. Or you can continue to misinform your listeners and viewers. Either way, I continue to make myself available to you if you wish to interview me on the matter, as I'm the guy who originally wrote the question that Boxer asked.

Beyond that, perhaps the tide is turning as folks are beginning to see this whole shameless phony Rightwing twist/smear for what it really is. Nora Ephron over at HuffPo, after pointing out apparently-not-"outrageous"-at-all comments made Laura Bush about Condi before year's end --- "Dr. Rice, who I think would be a really good candidate, is not interested. Probably because she is single, her parents are no longer living, she's an only child. You need a very supportive family and supportive friends to have this job." --- goes on to give us a peek at "Condi's Diary."

By way of necessary reminder, here's the way Boxer actually prefaced her question about WH casualty estimates (or the apparent lack thereof):

As you see, she said nothing about Rice not having the moral authority to make such choices, didn't attack her childlessness or her singleness or her sex or her race or anything at all, as has been wildly, widely, and wholly inaccurately "reported" by Wash Times, O'Reilly, Snow and friends...

A sample from "Condi's Diary" by Nephron follows below. The full, informative piece of satire is here...

PREVIOUS RELATED BRAD BLOG ARTICLES:

• Brad Calls on Congress to Ask White House About Casuality Estimates for 'Surge'
• Rice Claims White House Made no Casualty Estimates for Troop Escalation Plan in Response to Boxer's Senate Inquiry
• NYTimes Ignores News, Falls for White House Spin on Boxer/Rice Exchange
• Washington Times Outdoes Them All in Misreporting Boxer/Rice Exchange

"We are at the moment when our lives must be placed on the line if our nation is to survive its own folly. Every man of humane convictions must decide on the protest that best suits his convictions, but we must all protest...A time comes when silence is betrayal."

-- Dr. Martin Luther King, Jr., Riverside Church, New York City, April 4, 1967

(Hat-tip Colbert I. King. And thanks now to reader TH, the audio and text of the entire speech is here...)

Since it should have always been front and center --- but even the New York Times succeeded in fellating the White House by ignoring the news this week --- here is that news once again:

* * * The White House failed to make any casualty estimates before committing another 20,000+ U.S. troops to War in Iraq, according to the Secretary of State. * * * (transcript)

The news, which The BRAD BLOG covered almost exclusively, came in reply to a direct question from Sen. Barbara Boxer during last Thursday's oversight hearings on Iraq Policy when Condoleezza Rice came to Capitol Hill to argue in favor of the White House's new escalation plan.

But as Boxer's critical direct question evoked Condi's stunning answer --- which, if true, reveals a remarkable delinquency and breathtaking lack of support for U.S. troops by this White House --- was subsequently all but ignored by the media both on the Right and the supposedly not-on-the-Right. After White House spokeshole/MVP Tony Snow gave his cue to attack the messenger to avoid the message, all of his media tools lined up behind him and performed admirably in the service of disserving America.

But among fierce competition this week, the Biggest Tool of the Week Award must be given to one of the White House's very own publications, The Washington Times.

In "reporting" on this statement made by Boxer during the exchange with Rice on Thursday...

...The Washington Times' and their "reporter" Charles Hurt topped the rest of the wingnut and non-wingnut media by turning it into the following remarkable opening graf from their front page propaganda piece on the phony, White House created "outrage" by Saturday...

Wow! Now that's some impressive work! Give that Tony Snow a raise!

All the other men and women in America who helped him --- for free --- give them a one-way ticket to Gitmo, since clearly they hate both America and the troops attempting to defend her.

Remind us again why Impeachment is "off the table"? Is it because Tony Snow says so? If so, we understand completely. We hope he'll let us know when it's okay to proceed.

Guest Blogged by Des

SUNDAY, January 7th...

BLOOD SURGE
Congress Must Demand to Know the White House's Estimated Body Count for Bush's Double-Down Scheme in Iraq...

(A)side from cutting off funding for the war, now or in the future, there is another option for the moment in answer to Bush's predicted call for a "surge": demand that the White House release their estimates of the number of casualties we will incur during such a "surge."

MONDAY, January 8th...

BREAKING EXCLUSIVE: Major E-Voting Critic, Attorney Named to Key Voting Systems Oversight Role by New CA Secretary of State!
Debra Bowen Appoints Lowell Finley of Election Integrity Watchdog Group VoterAction.org to Role of 'Deputy SoS for Voting Systems Technology and Policy'
[UPDATED] Critics of E-Voting Hail News as 'Collosal Suprise,' Very Good for Voters, Very Bad for the Nation's Electronic Voting Machine Companies...

TUESDAY, January 9th...

EXCLUSIVE: The EAC Now Admits 'The Ciber Report' Does Exist After All
Federal Commission Admits There is Paperwork on 'Barred' Voting Machine Testing Lab, Will Release 'When the Process is Complete'
Lab Was Secretly Refused Credentials in July, State and Local Voting Officials Were Kept in Dark Throughout November Elections Until NYTimes' Revelations...

EXCLUSIVE FL-13 UPDATE: ES&S Moves to Strike U.S. House Admin Committee Letter
Voting Machine Company Claims Chairwoman's Missive 'An Attempt to Intimidate, Unduly Influence' Florida Court
Plaintiff Attorney Says Claim is 'Remarkable,' 'Takes a Lot of Chutzpah'

WEDNESDAY, January 10th...

Update on Busby/Bilbray CA50 Election Contest Appeal
ADDITIONAL MATERIAL: Details of Attorney Oral Arguments Concerning Whether the U.S. Congress Can Overrule State Election Laws Simply by Swearing Someone In
Also, Updates on Some of the Sad Players...Some Gone, Others (Hopefully) on Their Way Out...

ABC: Bush Gives Congress, American People, Democracy the Finger
Begins Iraq Escalation Before Speech, Approval From Congress, in Wake of Opposition from Dems and Republicans Alike...
POST-SPEECH UPDATE: No Estimate Given for Change in Casualties in New Plan. Surprised?

THURSDAY, January 11th...

EXCLUSIVE: NEW COULTER VOTER FRAUD DOCS - Police Report Says TWO Third Degree Felonies, One Misdemeanor May Have Been Committed by GOP Darling!
New Third Degree Felony for Fraudulently Registering Driver's License Added to Previous Allegations of Voter Fraud!
But Palm Beach Election Supervisor Having Trouble Finding Law Enforcement Agency to Bring Charges...

Christine Jennings Admits She Should Have Listened to Election Integrity Advocates Earlier...

"Those people with the Sarasota Alliance for Fair Elections? I used to pat them on the back at Democratic meetings, but I had no idea. The vote is the great equalizer in this country - and when we've lost that, we've really lost something.''

FRIDAY, January 12th...

White House Made No Casualty Estimates for 'Surge' Plan According to Rice Admission!
Rightwing Outlets Smear Senator Who Asked Question, Ignore Stunning Newsworthiness of Answer
Iraq Vet Source Dubious About Secretary of State's Admission that Military Lacks Body County Estimates...

SATURDAY, January 13th...

New York Times Joins Rightwing Outlets in Twisting and Torturing Boxer's Comments While Ignoring White House Delinquency in Their New Iraq Plan
The Once-Great Paper Misrepresents the Facts, Quotes Only Rightwingers and Misrepresents Some of them to Suggest They are 'Liberal'
PLUS: An Invitation to Bill O'Reilly...

Maryland Preparing to Screw up Their Election System Yet Again
State Lawmakers Moving Towards Paper 'Trail' Voting Instead of Paper BALLOTS...

Maryland was one of the first states in the country (along with Georgia) to adopt Diebold's paperless touch-screen voting. Now that they've learned from that mistake, it looks like their legislature is preparing to make the same mistake again by moving to paper trail voting, instead of paper ballots, according to the Washington Post.

If you're still confused about the difference --- and even if you're not --- please see this short and to-the-point Open Letter to Congress Members, and the accompanying e-mail petition, signed and released by more than 35 non-partisan Election Integrity organizations just before the holidays.

It calls for a paper ballot --- not "trail" or "record" --- for every vote cast in America. That is, of course, the only acceptable first-step solution on the long road towards restoring America's electoral system and the voters' confidence therein.

After you've read it and signed it, please pass it on. Maybe Maryland will take notice before they screw things up again. We certainly hope so.