Guest Blogged by John Gideon, of VotersUnite and VoteTrustUSA

The "DVN Top 5" is a feature in the weekly voting newsletter of VoteTrustUSA. The January 16 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!...

Compiled and Guest Blogged for The BRAD BLOG by Pokey Anderson, co-host of "The Monitor", a weekly news and analysis show at KPFT Radio in Houston.

EDITOR'S NOTE: Too late to filibuster Alito? Not if what Senator Dick Durbin says is true.

In her first BRAD BLOG Guest Blog, Pokey Anderson lends the Dems a hand, by helping them build their case...

ALITO'S EXTREME VIEWS ARE OUT OF STEP WITH AMERICANS
Samuel Alito, if confirmed, could serve on the US Supreme Court for the rest of your life. At age 55, his life expectancy from now is an additional 28 years or, in other words, the equivalent of 7 presidential terms. Instead of occupying a centrist position, like Sandra Day O'Connor, he would move the court far to the right.

Justice Sandra Day O'Connor "provided the swing vote 77 percent of the time. If confirmed, Alito would tip the high court's delicate balance radically to the right. Nearly always favoring the government, corporations and universities, Alito has ruled against individual rights in 84 percent of his dissents."
-- Marjorie Cohn, "Alito Sounds Death Knell for Individual Rights", t r u t h o u t, January 10, 2006

With Judge Samuel Alito, the Senate Judiciary Committee faces its most consequential Supreme Court confirmation hearing in a generation. Not since Robert Bork has the Senate encountered a nominee whose long record and fully articulated views so consistently challenge decades of progress on privacy, civil rights and control of corporations. And never in memory has a single nomination so threatened to redirect the Court as Alito's. [His] fifteen years of rulings ... demonstrates that Alito is at odds with the interests of ordinary Americans.
-- "The Case Against Alito", The Nation, editorial | posted January 5, 2006

Constitutional scholar Laurence Tribe, in Senate Judiciary Committee testimony, places Alito to the right of Justice Roberts, and between Scalia and Clarence Thomas.
-- New York Times, January 12, 2006

"After a careful study, University of Chicago law professor Cass Sunstein described Alito's record of appeals court dissents as 'stunning. Ninety-one percent of Alito's dissents take positions more conservative than his colleagues...including colleagues appointed by Presidents Bush and Reagan.'"
-- "The Case Against Alito" The Nation, editorial | posted January 5, 2006

"The debate over Judge Alito is generally presented as one between Republicans and Democrats. But his testimony should trouble moderate Republicans, especially those who favor abortion rights or are concerned about presidential excesses."
-- "Judge Alito, in His Own Words", NY Times Lead Editorial: January 12, 2006

WHAT IF ALITO IS DEFEATED? WON'T THERE JUST BE A WORSE NOMINEE?
"The White House is banking on fear that if this second nominee goes down, Bush will nominate someone even worse. This argument ignores history: When in 1969-70 President Nixon nominated and lost both Clement Haynsworth and Harrold Carswell, the result was not "someone worse" but the pragmatic, humane Judge Harry Blackmun, who later wrote Roe v. Wade; when Bork was Borked, his replacement was Anthony Kennedy, who in 1992 joined fellow Reagan nominee O'Connor to reaffirm Roe. Alito defeatism also ignores today's political climate: As the midterm elections draw closer, as the Iraq War scandals deepen, Senate Republicans are falling over one another to distance themselves from the Administration and the far right."
-- "The Case Against Alito" The Nation, editorial | posted January 5, 2006

ISN'T THIS NOMINATION A SHOE-IN? A DONE DEAL?
No. It's not. Inside sources are telling me the situation is quite fluid...

We're torn between complaining about Washington Post's delinquency in covering anything to do with our crumbling electoral system and jumping for joy that they've actually filed a credible report on the problems we (and many other "conspiracy theorists", "sore-losers", "tinfoil hat wearers", "anarchists" and "insurgents") have been yelling and screaming about for months --- if not years!

Given our endlessly optimistic nature, however, and the dearth of honest-to-God reporting by the Mainstream Corporate Media on these matters since...well, forever...we'll go ahead, slap a siren on this item, and focus on the "victory" side of things!

In tomorrow's paper, page A6, in a "Special to The Washington Post", Zachary Goldfarb covers the matter of last month's hack of Diebold optical scan machines in Leon County, Florida which completely flipped the results of a mock election test without a trace being left behind.

As well, for the first time, WaPo even discusses some of the findings of the non-partisan Government Accountability Office (GAO) 107-page report on the failures of electronic voting machines which was released last October!

The story cannot be good news to Diebold and the other voting machine vendors, however. They've all had it pretty easy up until now as the Mainstream Corporate Media has played into their "company line" that such concerns were the stuff of "conspiracy theorists" and "sore-losers". Goldfarb even recognizes the fact, even if he doesn't call WaPo on being one of the media outlets who have contributed to Diebold and Friends' appalling ability to marginalize Election Integrity advocates with such insultingly dismissive and democracy-loathing remarks:

Well, there it is. In plain black and white WaPo ink! Go figure!

Goldfarb goes on to make the case quite clearly concerning the Diebold hack as pulled off by Finnish computer security expert Harri Hursti, including Diebold's pathetic response to it:

Well, God Bless America...Perhaps the Mainstream Corporate Media is finally paying attention! Go read the whole thing with your own eyes!

We've heard tell of another major news organization that may soon roll out legitimate coverage of these matters as well.

Can it be that we are finally not alone? Stay tuned...

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

Maybe it's good; maybe it's bad but there is very little voting news today. The article from Yolo County, CA is interesting. The article from VA talks about actions that residents can take to ensure they have verifiable elections in the future. The rest is pretty much business as usual....

Such was the sometimes contentious, sometimes exasperating atmosphere, apparently, in Sacramento this week when State Senator Debra Bowen, transparent election champion and Democratic candidate for Secretary of State convened a hearing on the current electoral mess in the Golden State. The hearing was held by the Senate Elections, Reapportionment and Constitutional Amendments Committee which she chairs.

County Election Registrars from all over the state were called to give a report on how things are going (not well, apparently) and Election Integrity advocates filled the gallery to witness the goings on.

There was actually quite a bit of coverage by the media, some better than others, but overall, it's nice to see an open forum for oversight and discussion of the state of democracy in this state. All the while, so much that is involved with the most fundamental element of democracy --- the vote --- has been done in secret corridors of power, darkened Boards of Election back rooms, Private Corporation board rooms, and of course, inside the uninspected, none-of-your-business software of completely untrustworthy, unaccountable electronic voting machines.

Articles hit late this week on Wednesday's hearings in the LA Times, Oakland Tribune, San Francisco Chronicle, Vallejo Times Herald and elsewhere. While the "facts" offered by some of the reports were at times less than accurate, we note that it's remarkable how many Journalists deign to cover such issues when they are granted "legitimacy" by an officially sanctioned Government Inquiry. (Just a thought to those of you who actually get paid for this sort of thing, from someone who doesn't...but we've long advocated Journalists cover what is newsworthy. Not only what politicians have instructed them to be newsworthy.)

Let's take a look then at some of the coverage, including our own on-the-air conversation on Friday evening with Bowen...

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

The circus in Maricopa County, AZ is still going hard and strong. This is a true story of election fraud and cover-up. Some PA counties are starting to talk about how much money they are going to lose because the counties have not had a chance to choose their voting systems. It's clearly a scare tactic....

Regarding my previous very strong suggestion that Democtrats fillibuster the Supreme Court confirmation of Samuel Alito, it looks like things may be changing from the conventional wisdom that he definitely would not be filibustered.

This from the Chicago Sun-Times today:

And just to short-circuited the Wingnuts when they (inevitably) trot out their misinformation concerning the Republicans approval of Ruth Bader Ginsberg during the Clinton Era...Unlike that case, Bush did not bother to get Democratic approval for Alito, the way Clinton did with Ginsberg:

Keep those calls, emails and faxes going folks! See comments in the previous item on this for a few phone numbers and website addresses!

Chris Bowers of MyDD.com adds these thoughts:

UPDATE: Here are some toll-free numbers to get through to the Senate: 888-818-6641, 888-355-3588 or 800-426-8073. Also, be sure to read comments in this item, for several other phone numbers and links to petition efforts, etc!

UPDATE 1/22/06: Guest Blogger Pokey Anderson builds the case for filibuster...

Guest blogged by David Edwards

Rove's tone is more moderated than in the past. We suspect that this is due to a variety of mounting troubles for the GOP along with waning public support. Republicans will want to project positive perception of their candidates while again using 'Swift Boat' tactics for the negative attacks.

UPDATE FROM BRAD: I'll somewhat disagree with the good David Edwards, only to say (at least from the clip posted) it doesn't seem that Rove has "moderated" much. He continues to smash up Democrats with the same misleading and factually incorrect horseshit that he (and Bush and Cheney) have been using for quite a while. Including the inaccurate characterization of scores of Democratic Party positions. Will the "Uniting, Not Dividing" ever stop?!

And, on one more thought, he talks about the remarkable economy of 2005. Bad timing, I guess, since the Dow just plummetted 213 points today, wiping out most of the gains from 2005 in a single day.

UPDATE: New York Times article:

Election Reform advocates have been turning out in droves at several recent public hearings in State Senates around the country. This week, official hearings were held in both California and Arizona concerning the unparralleled mess in which each state now finds itself in regards to Elections and Electronic Voting.

We'll cover the hearings in California shortly, where, as in Arizona, Election Reform advocates (read: citizens who have little to gain other than hope for the ultimate restoration of integrity to this nation's democracy) filled the galleries to capacity in order to witness the astonishing spectacle of public election officials sputtering, spewing and admitting to all in attendance that they haven't a clue how to manage the mess that is referred to as "democracy" in America.

On a side note: One can't help but wonder if we'd even be in the predicament today were it not for the complete abdication of duty by the mainstream media, who has ignored every facet of this issue beyond cursory and insulting smears dismissing such fundamental questions as little more than "conspiracy theory". There is no longer any doubt that those of us who understood the issues at stake here, long ago, were 100% right about it. As well, those who marginalized and dismissed us and the matter were 100% wrong. In the bargain, their delinquency in reporting on these matters in any substantial way has resulted in an unprecedented crisis of confidence in our democracy by the electorate. Such a crisis threatens our way of governance in ways that Osama bin Laden could never have conceived, much less found a way to cause himself.

Anyway, on to the most recent revealing and remarkable chapter in Arizona's Shameful Republican vs. Republican Primary Electoral Fraud Circus, in Maricopa County's Legislative District 20...

Guest blogged by David Edwards

Over 70 million searches are done each day on Google. The Bush Administration want access to Google's search data as well as the pages contained in the Google database.

The government says that it wants the private records to help fight kiddie porn on the internet. Privacy experts are concerned and Google vows to fight the request. A court date has been scheduled for October 2005.

Yahoo, MSN and AOL have already cooperated with the government's request by turning over private search records. Google conducts more searches than Yahoo, MSN and AOL combined.

In the following report from CNN, legal analyst Jeffrey Toobin suspects that the Bush Administration considers the Google search records too important to be left to the decision of a court. He concludes that Google and the government will reach an agreement for sharing Google's records before the court is allowed to create a precedent on the conflict.

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The Democratic led hearings on the illegal, warrantless spying of Americans on U.S. soil by the Bush Administration's NSA is currently being aired LIVE on C-SPAN 1!

Despite the House of Representatives being currently in recess, once again the Republicans have refused to give Chairman John Conyers, ranking member of the House Judiciary Committee, and his distinguished panel, a formal hearing room. So, as with their hearings on the "Downing Street Documents" last year, they're back in the basement this morning.

RAW STORY has Conyers' opening statement.

C-SPAN's online streaming seems to be down, however, the live audio of the hearings is available via Pacifica radio.

(We'll try to update this item if possible, despite a very busy schedule this morning! Those who are listening/watching, feel free to "Live Blog" anything you like in Comments!)

Republican and true Conservative (as opposed to today's majority of phony "conservatives"), Paul Craig Roberts, formerly of the Wall Street Journal and National Review, as well Ronald Reagan's one-time Assistant Sec. of the U.S. Treasury, discusses "Evidence of a Stolen Election" in his latest column out today.

Unlike the bulk of his media and political brethren, clearly Roberts "gets it" as he writes, in review of Mark Crispin Miller's landmark election theft tome, FOOLED AGAIN, "now that Republicans have learned that they can use the electronic machines to control election outcomes, the disenfranchisement of Democrats is likely to be a permanent feature of American 'democracy.'"

Along with an appropriate indictment of the media's overall failure to adequately investigate and report on the crumbling of the most essential, very core of our democracy, ("a free press has proven to be inconsistent with the recently permitted highly concentrated corporate ownership of the US media," says Roberts) he pens the obvious point which the rest of the media, and America along with them, just can't bring themselves to admit outloud:

It does, indeed.

And, in closing, he hits the ball way over the fence:

Homerun, Mr. Roberts.

Arianna is right. If the Dems tap someone like Virginia's newly elected Gov. Kaine to respond to Bush's State of the Union Address --- simply because he was able to win in a supposed "Red State" and sounds a helluva like Bush on the Iraq War --- instead of someone who represents the mainstream views of America like Rep. John Murtha, then they deserve every just dessert that will come to them.

The same is true in regard to any Senate Dem who refuses to filibuster Alito. They will have lost his/her right to be supported by anybody in this country. An illegitmate Presidency only lasts eight years (maximum). The Supreme Court is for a life time.

If Alito is worth voting against for confirmation (and he is), then he is worth doing everything in ones power to keep off of the Supreme Court. To that end, anything short of a filibuster to keep someone like Alito, nominated by a criminal like Bush --- who has lost all credibility, every "benefit of the doubt", along with a supposed "right" to appoint anybody to the Highest Court in our land --- is spineless, pathetic, fruitlessly pandering, and ultimately providing of a perfectly justifiable reason for any voter to refuse to support any such Dem ever again.

If Dems would begin Impeachment Hearings on George W. Bush immediately, if only they had the numbers in Congress to do so, then why, in the wildest stretches of anyone's imagination, would they defer to him the singular power to shift the balance of the court for decades beyond his shameful, criminal, and illegitimate reign?

There are many reasons to filibuster Alito. No matter what the Conservative Media tells you repeatedly. Those are the same folks, after all, who also told you that "John Kerry would be much tougher than Dean to defeat as a Presidential Nominee." And you believed them. While there are few reasons not to fillibuster Alito, aside from what those very same Wingnuts have hypnotized you Dems (again) into believing.

For the moment, however, I'll point to just one reason, as described in this study of Alito's prevarications about and claims of "Unitary Powers of the Executive" as compiled by the good folks of the Oregon Voter Rights Coalition. They, correctly, conclude thusly:

Amen.

I've been out of town for a bit, and on and off line in the bargain, so haven't compiled an authoritative list of actions for folks to take if they agree that Dems should filibuster Alito. Come what may. So I'll leave it to folks in comments here to offer links to email petitions, phone numbers, and other such campaigns to help get the message to Senate Dems that the time for "playing it safe" is over. The time for stepping up courageously to do the right thing for this country...for our country --- fallaciously perceived political costs be damned --- is now here.

Do it Dems, and you will deserve every kudos. Do not, and you deserve every bit of disdain that will come your way from those who might have otherwise supported you to the ends of the earth. Either way, I promise, you will receive very same the slings and arrows from the Right. That's what they do for a living. But if you attempt to pander to the non-existant "middle" yet again --- as the Wingnuts have tricked you into believing actually exists --- I hope you'll not wonder why your base may justifiably turn their backs on you when you may need them most.

Fool you a dozen or so times...shame on you.

UPDATE 1/20/06: Dick Durbin says 'Filibuster now possible'! Details here...

UPDATE 1/22/06: Guest Blogger Pokey Anderson builds the case for filibuster...

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

Exciting news today as Yolo Co., CA announces they are purchasing the Vote-PAD as their accessible voting device. Other CA counties are very concerned about whether they are going to have any voting system for their June primary. Tucson, AZ has announced that they are looking into using Vote-by-mail as their voting system. A judge in NM has released county elections officials from the lawsuit against the state's use of error prone Sequoia voting machines. The suit stays against the state so it looks like this suit will end up in court....

Guest blogged by David Edwards

Fox News analyst Judge Andrew Napolitano says that the new Bin Laden tape is no excuse to subvert the constitution and conduct illegal wiretaps on Americans as the Bush Administration has been doing since before 9/11.

Of course, John "freedom hater" Gibson called the new Bin Laden tape the "trump card" in the argument for allowing unconstitutional spying and the Patriot Act.

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