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Former Judge Finds March 7th Texas Primary Results Fraught With 'Absolutely Egregious' Electronic Voting Machine Errors!
May Lead to First Independent Examination of Electronic Machines Made by Hart InterCivic and ES&S!
By Brad Friedman on 3/28/2006 10:53am PT  

Blogged by Brad on the road...

As The BRAD BLOG reported last week, a Conservative Republican former Texas Supreme Court Justice had been considering an Election Contest after electronic voting machine problems and inexplicable tallies plagued the first-in-the-nation March 7th primary in the Lone Star State.

Steve Smith --- who ran for election to the state Supreme Court, Place 2, in the Republican primary against an opponent backed by both Texas Republican Governor Rick Perry and the Bush family --- will be filing an official Election Contest this afternoon in Travis County District Court, The BRAD BLOG has learned.

Since our previous report, the Smith for Supreme Court campaign has been examining election tallies around the state and report that they continue to find anomolies in virtually every county they look into.

"The more research we do, the more irregularities we find," campaign manager David Rogers told The BRAD BLOG this morning.

The problems are being found on machines made by both Hart InterCivic and Election Systems and Software, Inc. (ES&S) --- the two major Electronic Voting Machine vendors supplying the state of Texas.

Rogers says the campaign plans to file the Contest before 5pm (CT) today. The Contest (to be posted in full here when available) will outline some of the many problems they have found so far including counties "where there were more votes than voters."

They hope the Election Contest may allow, for the first time, a closer examination of both the Hart InterCivic and ES&S electronic voting machines used in Texas elections, as well as elsewhere around the country.

An earlier statement from the campaign had detailed a number of the campaign's initial findings including several mysterious totals in Smith's home county of Tarrant where officials admit some 100,000 votes were incorrectly added to the reported results on Election Night.

Smith had outperformed his statewide average in Tarrant County during the 2004 Election by 13%, but this year, his campaign reports, he underperformed the statewide results by 23%. One other such puzzling number reported previously by Smith's campaign:

Winkler County, which went for Smith by margins of 260-92 (74%) and 468-249 (65%) in the 2002 and 2004 elections, went against Smith by an unbelievable 0-273 (100%) margin. Governor Perry received only 83% of the vote in Winkler County, and no other contested candidate topped 80%. The propositions on the ballot topped out at 93%.

Says Rogers, "We are contesting the state as a whole, but looking at specific larger counties where there are problems and a few of the smaller counties where the mistakes were absolutely egregious."

The BRAD BLOG has also previously reported on whistleblower William Singer who had worked at both Hart InterCivic and then as an "Election Programmer" in Tarrant County. Singer had attempted to alert the Texas and Ohio Secretaries of State and Attornies General about concerns, including possible criminal fraud by Hart, ES&S and Tarrant County, as long ago as July of 2004. His letters were all virtually ignored by officials in both states. The Texas Secretary of State was recently forced to shutdown a mandated recount in Tom Green County when it was discovered that recount numbers from the machines differed by some 20% from results reported on Election Night.

Up until now, many critics who have doubted or ignored the many concerns about the hackable hardware and secret software used in Electronic Voting, as expressed for some time by Election Integrity Advocates, have said that it is only Democrats who seem to be concerned about results as tallied on such machines which are now blanketing the country in the wake of the Help America Vote Act (HAVA).

That flawed law was written and sponsored in large part by Rep. Bob Ney (R-OH) and passed in 2002 along with heavy lobbying by Voting Machine Vendor Diebold, Inc. of North Canton, OH and their top lobbyist, Ney's former chief of staff, David DiStefano. HAVA's full impact kicks in by statute for the first time this year. Ney recently stepped down from his chairmanship of the U.S. House Administration Committee after being named in one of the plea bargains by disgraced former Republican super-lobbyist Jack Abramoff.

Smith's election challenge, by a conservative Republican Supreme Court Justice from Texas, may well help to change the tenor of the debate over Electronic Voting, as is becoming apparent in several national mainstream publications of late including USA TODAY who published a front page story finally touching on these matters today.

We are on the road for the bulk of today and this evening, but if one of our friendly Guest Bloggers can update this item with a copy of the full Election Contest as filed by Steve Smith later today --- once we receive it --- we will do so.

UPDATE 3:50pm PT: Campaign managaer David Rogers has contacted us to let us know the campaign has found additional information that they wish to investigate before filing their contest. Due to this new information they will be delaying the filing by 24 hours.

UPDATE 4/1/06: The complete Election Contest filing is now attached here. [PDF] We hope to have a new report on the details/specifics later.

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Disastrous IL and TX Primaries Discussed, Our Own John Gideon Quoted...
By Brad Friedman on 3/28/2006 10:43am PT  

Blogged by Brad on the road...

"Primary voting-machine troubles raise concerns for '06" is the headline on the front page of today's USA Today. The article even quotes regular BRAD BLOG Guest blogger John Gideon of VotersUnite.org.

Here's their lede...

WASHINGTON --- Problems using voting machines in the Texas and Illinois primaries this month have reinforced fears that the 2006 elections may be beset with glitches.

"There's a lot of evidence that some of those fears are coming to pass," says Doug Chapin, president of Electionline.org, a non-partisan group that studies elections. "The theory that new technology results in error seems to be borne out early in the process."

The article is mostly stuff that regular BRAD BLOG readers are likely familiar with while the MSM is still busy playing catch-up on these matters. (Who could have forseen such troubles, after all?)

The Voting Machine Industry and Elections Officials, are, in general, still in denial mode --- blaming "human error" for the "glitches". That too will change over time as the MSM realizes they're being sold a bill of good when they report such things within that phony framework.

The story covers briefly, USA Today-style, the many troubles in the IL primaries (previously covered by BRAD BLOG here), including the 400+ missing Sequoia Memory Cards in IL (previously covered by BRAD BLOG here), the 100,000 extra votes added by Hart InterCivic and ES&S machines in Tarrant County, TX (previously covered by BRAD BLOG here and here), the TX Sec. of State's shutdown of a recount in Tom Green County, TX (previously covered by BRAD BLOG here) and the former Conservative Republican (they don't mention that part) Supreme Court Justice preparing to challenge the election in TX (previously covered by BRAD BLOG here --- with more to come very shortly on this, btw!)

From the 2 states to have disastrous primaries so far, USA Today also looks forward to the 48 more still ahead of us, noting that "10 states hold primaries in May, including Pennsylvania, which is scrambling to train voters and poll workers."

And our man Gideon, ever the eternal pessimist (can't image why) is then quoted as follows:

The state is "a disaster waiting to happen," says John Gideon, director of VotersUnite.org, a group that is skeptical about electronic voting.

No worries. Plenty of Election Officials and Voting Machine Vendor spokesfolks are quoted in more detail to let us know that everything is perfectly under control.

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By David Edwards on 3/28/2006 7:42am PT  

Guest blogged by David Edwards of Veredictum.com


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President Bush's Chief of Staff Andy Card will be replaced by Josh Bolton, the current Budget Director, who is also part of the President's "inner circle".

This clip begins with an introduction by CNN's American Morning. MSNBC's Imus provides some comic relief as the President begin's his Press Conference. Imus refuses to watch the entire press conference (calling it "insanity"). The video switches back to CNN for Andy Card's comments. In conclusion, NBC White House correspondent David Gregory provides some post-speech analysis.

Read more information about the White House shakeup from AP.

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By David Edwards on 3/28/2006 5:09am PT  

Guest blogged by David Edwards of Veredictum.com


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Prompted by a new report in The New York Times, MSNBC's Hardball takes a fresh look at a history of the Iraq war through the lens of a January 31, 2003 memo detailing a White House meeting between Bush and Blair.

This video begins with a report by David Shuster that weighs possible repercussions of The Memo against the increasing violence in Iraq and President Bush's low standing in the polls.

Chris Matthews interviews writer Phillippe Sands whose recent book, "Lawless World", exposes more pre-war lies. According to The Times, Mr. Sands "is a professor of international law at University College of London and the founding member of the Matrix law office in London, where the prime minister's wife, Cherie Blair, is a partner."

Matthews and Sands take the opportunity to pile on The President. Even Matthews' questions to Sands appear to be clear indictments of The Presidents actions:

MATTHEWSWhat struck me in the memorandum again today was that the President George W. Bush had decided to go to war with Iraq before completing the inspections. Had decided to do so before sending Secretary of State--and a skeptic, I must say--Colin Powell to the United Nations.

What is the significance of that? That he made the decision--as recorded by David Manning who was working for the Prime Minister at the time--before either of those events occurred . The U.N. presentation which was apparently to sell Europe of the fact that there were weapons of mass destruction and the completion of the weapons inspections themselves. Both were not waited for. The President decided before then. So did Tony Blair apparently.

The January 31, 2003 memo is consistent with the July 2002 "Downing Street" Memos where British officials expressed concern that Bush had already decided to go to invade Iraq and that "intelligence was being fixed around the policy" to meet that goal.

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

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Democratic Official Agrees with Republican Governor, Disagrees with Democratic Board of Elections Director...
By Brad Friedman on 3/27/2006 3:29pm PT  

Blogged by Brad from the Road...

Yup, still on the road, and largely "off the grid" for another day or so (with much going on, sorry, I'll catch up soon, I hope! Not even able to check email!) --- but caught this in the carbon-based version of the NY Times this morning. No time for context other than to mention our previous report on Maryland's Republican Governor who wants to see Diebold's paperless touch-screens banned in the state along with the Democratic-majority House which voted a bi-partisan 137 to 0 to ban them recently, along with the Democratic Board of Elections Director, Linda Lamone, who has been fighting for them since Day 1, and still is. Search BRAD BLOG for the links to all of those stories.

Point is, as we've always said, this ain't an issue of Right and Left, it's an issues of Right and Wrong. That said, here's the letter printed in this morning's NY Times (who has been horrendously delinquent in reporting on any of these matters, and still buys into the Voting Machine Company's "it's just glitches" meme)...

Electronic Voting Glitches

To the Editor:

Re "Common Sense in Maryland" (editorial, March 23):

I am the chief Democratic election judge for District 21, Precinct 2, in Prince Georges County, Md. We have used the Diebold AccuVote-TSX machines since the 2002 primary election. From the start they did not encourage confidence in them.

When they were turned on in the 2002 elections, some of them refused to start unless we reseated the memory cards. In the 2002 primary, one of the machines chose to lock up just as the poor voter pushed the "cast ballot" button on the screen. The technician we got in to check the machine insisted that the vote was counted. Then why did we have 30 paper voter authority cards for the machine and only 29 votes recorded?

In the 2004 general election, two of our machines refused to start up. We got in another two machines, and one of them refused to use the electricity from the wall. Its internal battery was not enough to run the rest of the day, so we shut it down. These machines are quality only if you spell quality with a capital K.

Surely the Free State could find a far more reliable replacement than Diebold's TSX machines. The rest of the nation should, too. Preferably one with a good paper trail.

Paul D. Motzenbecker Jr.
University Park, Md.
March 23, 2006

Letters to the Editor --- especially from Elections Officials, but regular old Voters are just as good --- make a difference. Especially to papers like the Times who refuse to properly investigate and report on this stuff! Please write one today!

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By David Edwards on 3/27/2006 5:43am PT  

Guest blogged by David Edwards of Veredictum.com


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Windows Media and QuickTime at Crooks and Liars.

CBS News reporter Lara Logan appeared live from Iraq on CNN Reliable Sources on Sunday morning. She issued a stern rejection of the notion that Iraq reporters are biased towards negative stories.

Lara Logan's genuine outrage makes this a must see clip!

From CNN's trancript:

KURTZ: But critics would say, well, no wonder people back home think things are falling apart because we get this steady drumbeat of negativity from the correspondents there.

LOGAN: Well, who says things aren't falling apart in Iraq? I mean, what you didn't see on your screens this week was all the unidentified bodies that have been turning up, all the allegations here of militias that are really controlling the security forces.

What about all the American soldiers that died this week that you didn't see on our screens? I mean, we've reported on reconstruction stories over and over again...I mean, I really resent the fact that people say that we're not reflecting the true picture here. That's totally unfair and it's really unfounded.

Cross-posted at Crooks and Liars

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By John Gideon on 3/26/2006 4:29pm PT  

Guest Blogged by John Gideon, of VotersUnite and VoteTrustUSA

The "DVN Top 5" is a feature in the weekly voting newsletter of VoteTrustUSA. The March 20 edition can be found here. The selection of what will be the "Top 5" for each week and where it goes on the list is all mine. The fact that you may disagree with my choices is great because it shows that you have been reading the DVN articles that I've posted throughout the week here on The BRAD BLOG!...

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

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AND: Tom Toles Toons Diebold in WaPo Today
By Brad Friedman on 3/26/2006 12:53pm PT  

Blogged by Brad on the Road...

Still on the road and unable to cover anything as usual. So I'll leave it to you guys to comment on the notable details. Had an interesting day/night yesterday at the California Democratic Council Annual Convention, and hope to share some thoughts and perhaps pics with you as time allows in the not-too-distant future. But until then...

Both Washington Post today, and AP yesterday, cover the Ion Sancho story is a fair bit of detail with some interesting responses, as well, from both Diebold and Sequoia (ES&S seems to have refused comment for either story).

WaPo's story in today's A section (page A7) --- headlined "Election Whistle-Blower Stymied by Vendors: After Official's Criticism About Security, Three Firms Reject Bid for Voting Machines" --- focuses on all three companies certified to do business in Florida all now refusing to do business with Sancho.

That story reads nearly identically, to BRAD BLOG's March 8 story on same. Hey, better two-and-a-half-weeks late than never, we suppose. And no, not a nod nor hat tip to BRAD BLOG's coverage. And as our friend Larisa Alexandrovna from RAW STORY points out in her dead-on piece over at HuffPo yesterday, the Mainstream Media is far too good too recognize any lowly "bloggers" in their reporting.

On Saturday, AP covered the Sancho story in great detail as well. Though there's a few more details here, I think I prefer the WaPo story today. Both are worth a read however, particularly since I have no time to cover the deets.

Finally, today's WaPo story in the Sunday paper included a Tom Toles cartoon which, so far, I haven't been able to find online. A kind reader scanned it and sent it to me. It's posted below.

We continue to win this fight...despite the slow and seemingly endless struggle against some forces of evil with a lot of money to back their fight. We may be naive here, but with the truth on our side, we believe we believe David will eventually defeat Goliath.

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By Brad Friedman on 3/25/2006 11:56am PT  

Blogged by Brad on the Road...

The Fort Worth Star-Telegram picks up on our previous report about Hart InterCivic / Tarrant County, TX election software whistleblower William Singer.

Does the "Startlegram" give any love to The BRAD BLOG in their article? Despite an hour or two on the phone with them after they called for deets and a hook-up with our source last week? Not a jot.

But we're not in it for the love. We're in it for the big bucks.

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Carolyn Wilson Crnich Admits Hackable Diebold Optical-Scan Voting Machines Kept at Poll Worker Homes the Night Before Elections
Can't Speak to Security Vulnerabilities
By Brad Friedman on 3/25/2006 2:36am PT  

Blogged by Brad on the Road...

I know I'm supposed to be taking a few hours off (how's that going, Brad?)...But I couldn't help sharing with you a quick piece of audio from my regular Friday guest appearance on KRXA 540am's Peter B. Collins Show today (broadcast out of Monterey, CA).

I was pleased that Carolyn Wilson Crnich, Elections Registrar of Humboldt County, CA was able to join us on air for one of the segments (posted below.)

Crnich is one of the officials named as a defendant in the recent lawsuit against CA Sec. of State Bruce McPherson and other county elections officials around the state. The suit calls for the ban of use and purchase of Diebold touch-screen voting systems in the state since (amongst other reasons) they have proven to be hackable and their recent certification was in violation of state law requiring all certified voting systems to conform to Federal Voting System Standards. Diebold's machines do not conform to such standards because they contain "interpreted code" --- which is specifically banned by the Federal standards. Diebold has now admitted to the existence of such code on their systems. The forbidden code went unexamined and untested by Federal authorities when the machines received Federal certification.

Nonetheless, Crnich (we believe) is one of the good guys. She's proven willing to dump her previous plan to use Diebold AccuVote TSx (touch-screen) machines, which she was going to use in order to meet the disabled-accessible voting device requirement in the Help America Vote Act (HAVA). She is now hoping to use the paper-ballot based Vote-PAD system in Humboldt County this year instead.

However, as our on-air conversation revealed, there are still very serious concerns with Humboldt County's optical-scan system since they use the very system, made by Diebold, which was shown to be hackable last December in Leon County, FL.

Of note in our conversation, Crnich admits that optical-scan systems are sent home with poll workers the night before elections where --- even if the hackable memory cards are wired into the machine so they can't be removed --- they can still be accessed by other means. If so, a malicious poll worker could modify the code on the memory cards, allowing an election to be hacked without a trace left behind during that breakdown in chain of custody for such home-stored voting machines.

Give the interview and discussion between Crnich, myself and Peter B. a listen. See what you think. It's good to have such an admission on the public record, and the fact that she admits to not knowing what could happen when these machines are stored at poll workers' houses.

Again, I'm glad she was willing (unlike many other Elections Officials around the country) to come on air and face some of these tough questions. Happy to hear your thoughts.

-- Carolyn Wilson Crnich, with Brad on the Peter B. Collins Show, 3/24/06 [MP3, about 13 mins]
-- Complete Brad appearance on Peter B. Collins Show, 3/24/06 [MP3, about 35 mins, and quite a bit funnier, IMHO]

(Thanks to Joe at the Peter B. show for sending the audio!)

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Also Mentions Steve Smith Texas Election Challenge
By John Gideon on 3/24/2006 12:28pm PT  

Guest Blogged by John Gideon

Today our friends at Rawstory posted an article about Clint Curtis giving his background and more about his run for the House of Representatives from the Florida.

To Republicans, Clint Curtis is a traitor; a back-stabbing liar with an imagination that rivaled Jack Abramoff's influence over Congress.

To liberal Democrats, Curtis is a hero; a stand up guy who blew the whistle on computer voting fraud, testifying before a group of U.S. House Committee Judiciary Democrats after the 2004 presidential election.

And to the man himself, the Republican-turned-Democrat is nothing but a computer geek who purports to have found himself smack in the middle of a brazen political plot to tamper with elections in Florida, where fact can be stranger than fiction and politics as shady as swampy underbrush.

Also in the article is a bit about Supreme Court candidate Steve Smith of Texas who is considering challenging the election from earlier this month in which some strange numbers were posted. This was covered by BRAD BLOG earlier this week.

In the Texas case, Republican Steve Smith is preparing a challenge after losing in the state's Supreme Court Justice primary election earlier this month. In Winkler County, Texas, where Smith respectively received 74 percent and 65 percent of the votes in the 2002 and 2004 elections, he received zero votes in the recent primary.

And in Smith's home county, Tarrant, where he outperformed statewide results by 13 percent in 2004, he underperformed statewide results by 23 percent earlier this month.

Smiths' opponent, Don Willet, has close ties to President Bush. Willet served as a special assistant to the president in Bush's quest for faith-based initiatives.

Clint is enjoying the help of some avid supporters.

"Karyn Altman, a freelance writer and hospitality marketing professional in Miami, is one of a small, but dedicated team of volunteers throughout the country working to get Curtis on the ballot. Other volunteers are in New Jersey and California.

"Clint needs to raise $10,000 by April 7th so we can get him on the primary ballot," said Altman, who is in the process of organizing fundraisers for Curtis in South Florida.

Like many Democrats, Altman started becoming disillusioned with politics after the 2000 Florida fiasco in which the Supreme Court voted to put Bush in the White House. In 2002, after the computer voting machines were introduced in Florida, she says it took her three attempts for her vote to register for her Democratic candidate.

"When I discovered afterwards that I was not the only one who'd had this experience, I became obsessed with learning about electronic machines and the ways they could be manipulated without detection," she said.

"I find it outrageous that in spite of all of the evidence, the mainstream media refuses to cover this story," she said. "And the Democratic Party refuses to even consider, at least publicly, the possibility that fraud and election rigging could be taking place.""

For more info on The BRAD BLOG's continuing investigative series on
The Clint Curtis/Tom Feeney/Yang Enterprises Vote-Rigging Scandal series, please see:
- A Quick Summary of the story so far.
- An Index of all the Key Articles & Evidence in the series so far.

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By David Edwards on 3/24/2006 11:59am PT  

Guest blogged by David Edwards of Veredictum.com


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We haven't forgotten Fox News' phony 'War on Christmas' where Bill O'Reilly, John Gibson and other Fox personalities attacked anyone or anything that used blasphemous words like "holiday".

Fox is again "fighting for the rights the Christian Majority" with another faux menace: The War on Easter.

Undoubtedly, the "Spring Bunny" will cause the downfall of The Republic.

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By David Edwards on 3/24/2006 8:12am PT  

Guest blogged by David Edwards of Veredictum.com


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Responding to the President's criticism of the media coverage of Iraq, ABC's Nightline, airs the story of an attempt to report on good news in Iraq.

After a day of covering the horrible violence in Iraq, ABC reporter Jake Tapper tried to find some lighter news. The ABC News team decided to cover a new Iraqi sitcom and the challenges of creating comedy for Iraqi television viewers.

The story quickly turned from good news to tragedy and fear as Jake's contact, who was also the head of the entertainment division for Iraqi TV, was murdered during filming.

Jake Tapper concludes the story with these words: "And there went our effort to show comedians trying to make Iraqis smile again. It ended with the funeral of the man who helped us put the story together. A horrible, gruesome, perfect metaphor for daily life in Iraq."

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By David Edwards on 3/23/2006 12:42pm PT  

Guest blogged by David Edwards of Veredictum.com


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CNN's Showbiz Tonight picked up on an interview Charlie Sheen did for Alex Jones' radio show where Sheen expressed his doubts about the "official" 9/11 story.

Besides Showbiz Tonight, the story has gotten some critical coverage by the New York Post, The Boston Herald and Human Events. Alex Jones' Prison Planet website explains "The mainstream media has finally seen fit to cover Charlie Sheen's comments on 9/11... penning hit pieces that seek to smear Sheen as an unstable crackpot."

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By David Edwards on 3/23/2006 11:18am PT  

Guest blogged by David Edwards of Veredictum.com


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Russ Feingold and Jon Stewart both do a great job in this interview. Videos have been floating around the internet since it aired last night. If you haven't seen it yet then it's worth a look.

Feingold: There is no valid legal basis for this and everybody basically knows it. They're just afraid to stand up to the President. The President needs to hear the voice of Congress and the voice of the American people. You can't make up your own laws.

Stewart: Here's what I like about it... I'm not sure, quite frankly, what censure is. I'm not even sure what a FISA court is. I'm not sure that I feel better that they were looking over the President's shoulder because I don't know much about it but this feels like some attempt at accountability. And that's what I really like about it.

Stewart: Because it seems like the worse you screw up with these guys the bigger the trophy they give you. And I like the fact that you're standing up - even if it's symbolic - that it's an attempt. I appreciate that and I thank you for it.

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