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Letter from SoS to Voting Machine Co. Warns of Numerous Problems Discovered on Touch-Screen, Optical Scan Machines!
State Senator Outraged, Comments to BRAD BLOG, Calls for Full Release of Information by State!...And Releases Statement on Related Matters...
By Brad Friedman on 12/23/2005 5:05pm PT  

Holy cow...perhaps this explains why California Sec. of State Bruce McPherson suddenly started turning inexplicably back to Diebold some time around mid-November of this year after having decertified them already back in 2004, and then finding them to have failed massively in a recent mock election test over the summer.

"Information about problems with voting machines should not have been delayed long enough to become a lump of coal in California's Christmas stocking," half-joked State Senator Debra Bowen to The BRAD BLOG upon reading the following astounding new story.

AP's Juliet Williams reports today on a letter written by McPherson's office to voting machine vendor, Election Systems & Software, Inc. (ES&S) after the recent Special Election here on Nov. 8th. The letter documents a number of very serious problems discovered on ES&S voting equipment during the election. Apparently the SoS threatened ES&S with decertification in the bargain, similar to the one Diebold faced in the state back in 2004 under the previous Sec. of State Kevin Shelley...

SACRAMENTO - California election officials have told one of the country's largest manufacturers of voting machines to repair its software after problems with vote counts and verification surfaced during California's November special election.

In a letter obtained by The Associated Press, Assistant Secretary of State for Elections Bradley J. Clark threatened to start the process of decertifying Election Systems and Software machines for use in California if senior officials didn't address the concerns immediately.

"The California Secretary of State is deeply concerned about problems experienced by counties utilizing ES&S voting equipment and software," Clark wrote in a letter addressed to company president Aldo Tesi nine days after the Nov. 8 election.

Software problems included incorrect counting of turnout figures, a malfunction that prevented voters from verifying that their choices were registered accurately and one machine recording the wrong vote during a test, according to the letter.

Eleven California counties used the company's voting machines during the special election. Election Systems and Software equipment also is used in 45 other states.

The problems in California are similar to ones the company has experienced elsewhere. During a 2004 primary election in Hawaii, glitches with the company's optical scanners led to a miscount of about 6,000 votes.
...
A spokeswoman for Secretary of State Bruce McPherson declined to elaborate further on the Election Day mishaps, the problems discussed in the letter or the company's assertion that state officials are pleased with its proposed solutions.

In other words, it's none of the voters damned business what problems occurred in their own elections just five weeks ago! And had Williams not discovered the letter, none of the citizens in California, or for that matter States and Counties around the country --- all of whom are making their last minute decisions on which vendors to sign with prior to the Jan 1, 2006 HAVA deadline --- would have ever known about any of these problems with ES&S machinery!

CA State Senator Debra Bowen, who has been a leader in the state on issues of election integrity, was clearly irked upon reading this news, as reflected in this comment she just shared with The BRAD BLOG, asking [emphasis hers]: "WHY IS IT THAT WE HAVE BEEN IN THE DARK ABOUT THE PROBLEMS WITH ES&S FOR FIVE WEEKS?"

She went on to call on the SoS to release all pertinent information on these matters in her missive:

When is the public entitled to know? This kind of secrecy is completely unacceptable.

I call on the Secretary of State to immediately release all correspondence to all vendors, and all documentation related to the certification of any and all voting equipment and voting systems. Information about problems with voting machines should not have been delayed long enough to become a lump of coal in California's Christmas stocking.

As well, she promised to reiterate those concerns with a "formal request" in her official capacity soon.

Yet, there's still more that SoS's office doesn't feel, apparently, that voter's have the right to know. Back to the AP coverage:

Clark's letter said that on Nov. 8 a state monitoring team "experienced an alarming error on the iVotronic system in Merced County, where a voter chose one candidate but the vote was recorded for another candidate. This error is documented on videotape and demonstrates that it was not an operator error, but was, rather, an error in the system."
...
Fields said company officials have reviewed the state's videotape and blamed the problem on the tester's long fingernails.
...
"The iVotronic touch screens are designed to be used by soft-touched objects," he said. "We do not recommend sharp, hard objects like a stylus, a pen or fingernails."

Lovely. A device created to be used by touching the screen with ones finger, won't work if fingernails are used. Good thinking!

In all honesty, however, the entire "fingernail" defense from ES&S sounds like a bunch of nonsense to us. Once again, we've got a documented and video-taped report of "Vote Hopping", not unlike the thousands of similar reports that American's testified to back in November of 2004 after the Presidential Election --- only to be dismissed and called "conspiracy theorists" later when they testified to the incidents, and signed official affidavits along with it.

And just a bit more from the article:

According to the secretary of state's letter, other problems discovered in California Nov. 8 include:

_ The company's software incorrectly counting the total turnout figures for counties that used multiple ballot cards: "This problem was a recurrence of a problem experienced by your customers in November 2004; you have had a year to correct this known problem, and have not done so," the letter stated.
...
_ The touch-screen machine used in Merced County did not properly display the summary of votes, "making it impossible for voters to confirm their vote choices in those contests," the letter stated.

We had more on the troubles with the ES&S company --- just in case they were under the impression that Diebold deserved all the BRAD BLOG "love" --- in this previous item.

Between ES&S and Diebold, the two companies currently tally more than 80% of America's votes. They have each been run by two brothers named Urosevich. And while Diebold, Inc. in total, is a larger company than ES&S, the latter is actually a larger provider of Voting Systems and Machinery around the country.

AP's Williams deserves big props her reporting here! So...thank you to her! Please put us out of "business" entirely! And soon if you don't mind!

On further related matters from Sen. Bowen, who is running for Sec. of State in 2006 herself, she's been a rather busy bee of late, even if everyone else in Sacramento has already knocked off for the holidays.

A "Letter to the Editor" of hers was published in today's Tallahassee Democrat down in Florida, lauding Leon County's Ion Sancho for his leadership on the recent Diebold "Hack Test" which revealed that an Electronic Election could be entirely flipped by a hacker without as much as a trace being left behind.

As well, she issued a press release late yesterday spelling out how California's law requiring Voting Machine Companies to place their source code in escrow is virtually identical to the law in North Carolina which Diebold yesterday said they could not abide by and thus stated their intention to withdraw from the state completely. If that was the case in NC, suggests Bowen, then apparently Diebold needs to withdraw from CA as well.

She also states her serious concerns about the so-called "Independent Testing Authority" (not so "independent", they're chosen and paid for by the Voting Machine Vendors, and not so "authoritative" since they seem to rubber-stamp just about anything the companies send to them!) The ITA's are supposed to certify all of this software and hardware on the Federal level. Recently, as Bowen points out, Sec. of State McPherson opted to "punt" the matter of Diebold's hackable memory cards back to the ITA rather than doing what Sancho did; Simply decertify them and their crappy machines once and for all from all further elections!

As her press release on the ITA matters has not yet been published anywhere as far as we know, we offer her our Christmas gift by doing so here, in full, below...Happy Holidays, Senator...We look forward to coming to Sacramento in '07 for your Inaugural as the next California SoS...

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

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By Brad Friedman on 12/22/2005 9:35pm PT  

The widely-read inside-the-beltway "Hotline" from National Journal notices our series of reports, of late, and seems to recognize (finally) that there may be something rotten in the State of Diebold.

They "assign" further coverage on these matters to Tom Edsall (WaPo), Scott Shane (NY Times), Sharon Theimer (AP), Mark Memmott (USA Today), and Bloomberg News. We'll see who takes them up on it.

Any of the above may feel free to contact me if they'd like to know where a few of the bodies are buried. I'm happy to help. And, otherwise, here's a friendly starter page to help fill you in on on what you missed "while you were out."

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By John Gideon on 12/22/2005 8:08pm PT  

Guest Blogged by John Gideon of VotersUnite.org

One day after winning a court decision in North Carolina that seemed to open the door wide for Diebold to ply their wares in the state; they decided to pull out. Their concern is that they could be charged with a felony if officials determine the company failed to send a copy of all the software its machines use to a special holding company assigned by the state. They say they don't have permission to provide code that is owned by third parties such as Microsoft Corp. This leaves ES&S as the only approved vendor in the state. There is concern from St. Louis Co., MO that ES&S may be over-pricing their AutoMARK machines in an attempt to force some counties into purchasing their DREs....

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

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Sends Letter to State Announcing Intention to Withdraw in Light of State Law Requirement for Submission of Source Code!
Said to be happy to help state change their law, however!
By Brad Friedman on 12/22/2005 3:51pm PT  

For those who have followed the recent yet storied history of Diebold in North Carolina, The BRAD BLOG has just received word that there has been yet one more late-breaking twist! We can now confirm that, in fact, Diebold is removing their company from contention for the lucrative election systems contracts in the state in light of a state law which requires Voting Machine Companies to submit their full source-code to the state for inspection. At least for now.

A letter just obtained by The BRAD BLOG, sent from Diebold to the NC State Board of Elections, confirms that indeed, the company which had previously fought a state law requiring the submission and inspection of their voting equipment's software source code has decided they'd rather quit than fight, and is withdrawing their bid to contract with the state of NC for the time being, pending their ability to convince NC to change their laws!

According to the letter, dated Dec. 20th, 2005 and sent by a Diebold attorney to NC's State Board of Elections Executive Directory, Gary Bartlett, Diebold has decided they cannot comply with the current state law requiring full source code submission. The letter claims that Diebold is prepared to submit their own source code, but not that of third parties which is used by Diebold in their voting systems, including Operating System software and pre-packaged third-party tools.

Diebold, however, in the letter written by attorney Charles R. Owen, and apparently sent via Email on Diebold stationery, says that Diebold "is prepared to work closely with the North Carolina State Board of Elections ('SBE') in drafting a modification" to the law which they contend neither they nor other vendors can meet. It goes on to say that such a modification to the state law would be one "that meets the true intent of the legislature while at the same time imposing reasonable requirements on all vendors that are capable of being met."

Owen adds, however, that they will be "unable to comply with the deadlines imposed by the SBE in addition to the requirements of state law."

-- Here is the full 12/21/05 Letter from Diebold [PDF] to the NC State Board of Elections.

John Gideon, of VotersUnite.org and VoteTrustUSA, as well as a frequent Guest Blogger here at BRAD BLOG, received word of this decision not long ago via an email sent from a source in NC:

I have just got the official word. Diebold withdrew from NC today because their CEO would not sign the document making him criminally liable for disclosing the source code.

This is what I was talking about in my post yesterday, but I couldn't be too specific.

Thank GOD! We did it. This has been one hell of a battle.

The email was a follow up to word Gideon received late last night from the source who was reportedly waiting to get "the official word" on the matter.

The back and forth between Diebold, North Carolina, and Election Integrity advocates has been an intense roller-coaster ride over the last several weeks as reported in several BRAD BLOG stories which followed all the various ups and downs.

Several weeks ago, Diebold had attempted to receive an exemption from the state court for submitting their complete source code into escrow. They were denied that exemption by the court and announced that they would therefore be unable to do business with North Carolina. Just a day or so later, the state announced they were going to go ahead and certify Diebold anyway based on a partial submission of source code even though that appeared to violate state law. That became known as the "Immaculate Certification" since it came just a day or so after the Ohio-based company had said they'd submit some of their source code to the state after all. Election integrity advocates had argued that their was no way the state could have complied with state law for inspection of the code in the short between the company's submission, and the states certification. The decision to certify at that point, was apparently led by the former Diebold employee, Keith Long, who had recently left the company to join North Carolina's commission advising the State Board of Elections.

Several days later then, a lawsuit was filed by NC citizen, Joyce McCloy, to challenge the state's decision to certify Diebold, contending that it was done against state law. And now, apparently, even Diebold agrees.

North Carolina passed their new, tougher state elections laws, after at least 4,500 votes were entirely lost in Carteret County on a single electronic voting machine made by UniLect, Inc. during the 2004 Presidential Election.

Where things will go from here, we can only guess. But, as ever, we will do our best to stay on top of the story as it moves forward...or backwards...or sideways...as the case, when dealing with Diebold...may eventually be...

UPDATE: AP now has the story, reports that only one vendor is left in NC willing to meet the state law requirements. ES&S. More more on the problems of ES&S, and a few other remarkable items, see this BRAD BLOG story from earlier today.

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By John Gideon on 12/21/2005 6:17pm PT  

Guest Blogged by John Gideon of VotersUnite.org

Today has to be a bad day for two voting machine vendors. Diebold was told by the California SoS to send their system back to the Independent Test Authorities because some specific source code needs to be re-examined. In the meantime the state will not certify any Diebold voting machines. This morning a Temporary Restraining Order was filed by voters in New Mexico against the purchase of any Sequoia Edge voting machines. Included in the TRO is a statement from a developer of aides for disabled persons, who also happens to be blind, who correctly points out that the Sequoia AVC Edge DRE does not satisfy the disability access requirements of HAVA. There has been one disturbing announcement as a judge in North Carolina found for the state board of elections and against the voters of the state who pointed out that the voting systems certified by the state did not meet the law. Also in California a federal audit found that $3.8M of elections funds had been improperly spent by the previous SoS....

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

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A By-Request Open Thread...
By Brad Friedman on 12/21/2005 11:33am PT  

Unfortunately, I'm likely off the grid for the bulk of the day/evening today. So, unless the mighty fine Guest Bloggers jump in, feel free to Be the Blog! BRAD BLOG regular, "Dredd" requested an Open Thread recently, so Happy HOLIDAYS, old boy!

In my stead, it'll be as if I'm here by my kicking the Open Thread off with a few things "BRAD" that all have roughly something to do with your occasionally humble host, but that I otherwise don't know what to do with...

Hometown Boy Does Good-ish
Jo Mannies of my one-time hometown paper, the St. Louis Post-Dispatch blogs about me. Please note that the commenters in St. Louis on both that item, and the one preceeding it about the city of St. Louis choosing Diebold (the county has yet to make their final determination), need some education and some help. Feel free to offer it to them politely.

Thanks for the Honor Danny!
The notable author/filmmaker Danny Schecter, currently of MediaChannel.org has taken note of The BRAD BLOG as one of the notable blogs listed amongst his notable list of "Media Heroes". Coming from someone such as Schecter, that is no small honor. Given the company we share on his list, we are about as humbled as we are cable of being. We'll not even note he called us "Brad's Blog" since humble beggars shouldn't be choosers. (For more on humble begging, read on to the end of this item...)

FINALLY! A Good Excuse to Go Out and Buy Hustler!
I've got a short piece in the January February issue, on stands now, so I'm told, about DIEB-THROAT! Go get it! Lemme know you think, since I've yet to see the final version. Finally, you can tell people you really did buy it for the articles!

FINALLY! A Good Excuse to Go Out and Buy Mother Jones!
I've got an article about Dan Borchers --- he the Conservative (real one) working on an Anti-Ann Coulter documentary as first discussed in this BRAD BLOG Exclusive --- in the January issue. Now also out on stands, or so I'm told. If you prefer to save your money, for a CHRISTMAKKAKWANZA DONATION to your friendly neighborhood BRAD BLOG, you can read the MoJo article online here. Be sure to note the cool Spewing Ann graphic with it!

And Speaking of Donations...and Beggars...
Remember, just a few days left to make your end of year tax-deductible donations! Of course, we're not tax-deductable as far as I know, but really...Who does more good for the world? Those losers over at Save the Children or The BRAD BLOG? ;-)

Okay. After you send the tax-deductible part to them, feel free to share whatever might left with us. We could use the end o' year help.

Alternately, a monthly subscription of any amount you choose (see the blue form on the right of this page) is also a very lovely way to end one helluva roller-coaster ride of a year!

(And don't forget the swell merchandise in The BRAD STORE! Though who knows if it'll get there in time for the Holidays...Well, hell, there's eight full days of Chanukah to come! So, sure! It'll make it!...Maybe.)

Discuss all or none of the above...in comments below...

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Federal Judge Rules Dover, PA 'Intelligent Design' Mandate in Biology Class Unconstitutional...
By Brad Friedman on 12/21/2005 11:31am PT  

Yesterday, from AP:

Dover Area School Board members violated the Constitution when they ordered that its biology curriculum must include the notion that life on Earth was produced by an unidentified intelligent cause, U.S. District Judge John E. Jones III said. Several members repeatedly lied to cover their motives even while professing religious beliefs, he said.

The school board policy, adopted in October 2004, was believed to have been the first of its kind in the nation.

"The citizens of the Dover area were poorly served by the members of the Board who voted for the ID [Intelligent Design] Policy," Jones wrote.
...
"We find that the secular purposes claimed by the Board amount to a pretext for the Board's real purpose, which was to promote religion in the public school classroom," he wrote in his 139-page opinion.

The Dover policy required students to hear a statement about intelligent design before ninth-grade biology lessons on evolution. The statement said Charles Darwin's theory is "not a fact" and has inexplicable "gaps." It refers students to an intelligent-design textbook, "Of Pandas and People," for more information.
...
Said the judge: "It is ironic that several of these individuals, who so staunchly and proudly touted their religious convictions in public, would time and again lie to cover their tracks and disguise the real purpose behind the ID Policy."

We should also note that the smart voters of Dover, removed all of the board members responsible for this idiocy from their jobs in last November's election.

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Gun Lovers Take 'War on Christmas' to New Heights (Lows?)
By Brad Friedman on 12/21/2005 9:48am PT  

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SoS: 'Unresolved significant security concerns', 'Source Code Never Ever Reviewed'
State 'Punts' Issue Back to Feds for Further Testing, State Senator Objects --- Complete Letter from SoS, Senator Bowen's Full Statement...
By Brad Friedman on 12/20/2005 7:16pm PT  

Late this afternoon, Sec. of State Bruce McPherson's office sent a letter to Diebold Election Systems, Inc. Vice President David Bryd, informing him that the state is declining --- for the time being --- to re-certify Diebold AccuVote touch-screen machines in the state of California pending further testing and certification by Federal authorities.

In the letter, on McPherson's letterhead (complete letter at bottom of this article), Caren Daniels-Meade, chief of the Elections Division writes that "Unresolved significant security concerns exist with respect to the memory card used to program and configure" the Accu-Vote operating system and touch-screen equipment.

In a statement reported by AP, SoS spokeswoman Jennifer Kerns announced problems "discovered during routine testing...by state employees and independent consultants":

She said each system approved for use in California must meet 10 security requirements, and the Diebold machines did not meet one of those standards.

"This is a unique case in which we discovered that the source code had never, ever been reviewed," said Kerns. "There were potential security risks with it."

Some of those "potential security risks" may have been revealed in a test last week using similar Diebold equipment in Leon County, FL, where the results of a test election were reversed by a hacked program inserted onto one of the AccuVote memory cards. The hacked election was completed without a trace of the manipulation left behind.

In 2004 Diebold machines were de-certified by California's then Democratic Sec. of State Kevin Shelley after it was revealed that the company had used uncertified software in voting machines in the state. That matter was resolved in a $2.6 million settlement by Diebold with the state. A recent Securities Fraud Class Action complaint has alleged the settlement was meant to shield the public from a litany of flaws in Diebold voting systems. Additional complaints are now pending against the Ohio-based company whose former CEO had promised to "deliver the state of Ohio" to George W. Bush in an infamous fundraising letter sent to Republicans prior to the 2004 Presidential Election. The CEO, Walden O'Dell, was forced to resign early last week just prior to the filed litigation.

Republican McPherson, who later replaced Shelley, carried out a massive mock election test over the summer revealing that 20% of Diebold's AccuVote touch screen machines failed to operate as promised, with many of the touch-screens freezing and printers jamming.

Several weeks ago, McPherson's staff, however, suddenly announced that they were recommending the re-certification of Diebold machines again (under specific conditions) after a secret test, using machines specially prepared by Diebold, found this time that only 3% of the machines failed.

Then came the protests, the Securities Fraud Litigations, and last week's devasting Leon County hack test which resulted in the county announcing they would never use Diebold in another election. Another county in Florida, Volusia, quickly followed suit in deciding to dump their Diebold machines.

McPherson's office, rather than simply decertifying Diebold once and for all in California, has today decided instead to pass the buck back to the the so-called Federal "Indepenent Testing Authority" (ITA). The ITA is a group of several companies chosen and paid for by the voting machine companies such as Diebold themselves, to test their equipment and software on behalf of the Federal Government. Those ITA labs then either certify the software and/or hardware or send it back to the company with the results of the failed tests kept confidential.

State Senator Debra Bowen (D-Redondo Beach) has been an outspoken critic of McPherson's process for considering recertification of Diebold and has otherwise been a watchdog on issues related to the quickly changing Electoral landscape in the Golden State. She released a statement to The BRAD BLOG late this evening (complete statement posted at end of this article). Bowen is critical of McPherson's plan to "punt" the issue back to the Feds and says in her statement:

“The Secretary of State shouldn't punt the decision about whether Diebold machines should be used to count ballots in California to the federal government and an ‘independent' testing authority that's financed by the voting machine vendors. That decision needs to be made in the open, right here in California.”

Bowen, the author of the so-called "Bowen Amendment" (SB 370) recently signed by Governor Arnold Schwarzenegger. That legislation mandates, among other things, paper records created for all votes cast in California, as well as mandatory audits of ballots. She has also recently announced her intention to run for Secretary of State in 2006. Her website is here.

Bowen is highly critical of the secretive processes of the ITA, and various electronic voting machinery being deployed around the state using secret software to count Californians votes:

“The federal testing process is notoriously weak and it's done in secret,” continued Bowen. “Plus, these supposedly ‘independent testing authorities' the Secretary of State wants to rely on are financed by the voting machine industry and conduct their tests in secret as well. That's why California shouldn't be relying on proprietary software that uses secret code to count ballots. If we want to ensure we have voting systems that are reliable and secure – and that voters have confidence in – we need to be moving toward an open source software structure.”

Computer security expert, Avi Rubin, who originally discovered some of the astounding security flaws in Diebold's GEMS central tabulator, recently wrote at Huffington Post about the "Dirty Little Secrets of Voting System Testing Labs". We highly recommend his insightful and revealing article on both that and his recent experience at a summit held on Electronic Voting Security issues in California.

In a report just filed by Contra Costa Times Rubin says that review of the source code will determine little, since the source code has little do to with whether or not a hacker is able to introduce a malicious program. It's "definitely not something that's going to give a definitive answer," said Rubin.

McPherson's decision is surely a setback for Diebold who, like several other Voting Machine Companies, are currently scrambling for contracts in the wake of the impending Jan. 1, 2006 Help America Vote Act (HAVA) deadline. If States and Counties wish to receive Federal money to pay for voting systems upgrades, they must make their final decision on which companies to use by that date. Many of those States and Counties had been watching and waiting to see what California would do, given their previous history with Diebold. And of course, as Diebold --- one of several private companies vying to control the country's public voting system --- has described the state: it is America's "largest voting market."

The complete letter from Sec. of State McPherson's office to Diebold, along with Bowen's complete statement follow...

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

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A Video of the Moment Flashback...
PLUS: Why Was Bush Admin First Ever, Reportedly, to be Rejected by FISA Court?
By Brad Friedman on 12/20/2005 3:00pm PT  

Emailer Expathos sends us an interesting compilation of video clips taken from both C-SPAN and Whitehouse.gov. Here's an outake from part of it, taken from speeches in Pittsburgh and Buffalo in 2004:

BUSH: Now, by the way, any time you hear the United States government talking about wiretap, it requires --- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution.

-- View the complete video here

The emailer also adds:

Wiretaps are conducted around the country every day. The FISA Court alone approves something like a half a dozen a day in highly classified national security or espionage related cases. Bush can tap up to 72 hours prior to asking permission.

The only issue here is why the president decided to go around the normal rules that govern such surveillance, why he chose to make himself above the law.

Indeed.

UPDATE: Additional info on the Foreign Intelligence Surveillance Act (FISA) court in response to those Bush apologists suggesting he had no time to go to the court (Rush Limbaugh told his listeners today that it could take "10 to 12 days" to get approval back from the court which frequently gives appropral to such requests in hours, if not minutes). This from an Op/Ed by Anthony Wade yesterday:

From 1979 through 2002 there were 15,264 surveillance warrants issued by the FISA court, clearly displaying that the process is quite favorable to the government seeking such wiretaps. Further supporting this is the amount of surveillance warrants which were rejected during that same 23 year period, ZERO. That is right; in a 23 year period not one request was denied.

But then Wade adds this:

From 2002 until now, only four such requests were denied.

Interesting. So from the time the act was established until 2002, nobody seeking a warrant was denied. Then, the Bush Admin was turned down four times. Why? And could that be why they simply decided to go around the FISA court?

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Would you expect anything less?
The Right Makes Up Stuff to Defend Their President's Flagrant Disregard for 'The Rule of Law' While Spying on American Citizens
By Brad Friedman on 12/20/2005 1:02pm PT  

The wingnuts are in a full-blown panic to try and justify the latest admission by George W. Bush that he authorized the warrant-less spying on American Citizens. That would be strictly against the law, of course, and likely an impeachable offense (remember, Presidents, we used to be told, are not above "the rule of law").

In their usual well-oiled lockstep fashion, the dead-ender wingnut bloggers and hate-radio folks are now attempting to forward the notion that "Clinton did the same." As usual, the apologists get their talking point assists from the extremist rightwing "news" site, NewsMax who reported:

During the 1990's under President Clinton, the National Security Agency monitored millions of private phone calls placed by U.S. citizens and citizens of other countries under a super secret program code-named Echelon…all of it done without a court order, let alone a catalyst like the 9/11 attacks.

Trouble is, this report, from ThinkProgress, would seem to prove otherwise. Testimony given to Congress in 2000 (back when Republicans pretended to care about this sort of thing) by then FBI Director George Tenet would seem to indicate (surprise!) that NewsMax and the other apologists are wrong:

I'm here today to discuss specific issues about and allegations regarding Signals Intelligence activities and the so-called Echelon Program of the National Security Agency…

There is a rigorous regime of checks and balances which we, the Central Intelligence Agency, the National Security Agency and the FBI scrupulously adhere to whenever conversations of U.S. persons are involved, whether directly or indirectly. We do not collect against U.S. persons unless they are agents of a foreign power as that term is defined in the law. We do not target their conversations for collection in the United States unless a FISA warrant has been obtained from the FISA court by the Justice Department.

Whether Tenet was lying or not in his testimony --- which NewsMax didn't bother to quote --- we couldn't tell you. If Bill Clinton actually broke the law in this regard, as the wingnuts suggest, perhaps Republicans should impeach him. Oh, wait, it may be a bit late for that. But perhaps they should have impeached him for it (if it actually occured), instead of impeaching him for receiving an unauthorized blow job. We're just saying.

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Resolutions Call for Censure of Bush, Cheney and Creation of 'Select Committee' to Investigate Impeachable Offenses
-- Complete Texts of Resolutions, Links to Report, Petion Campaigns in Support, Conyers Press Release in Full, and More...
By Brad Friedman on 12/20/2005 11:42am PT  

Lots of fur flying this morning, and us West Coast bloggers, of course, are as ever behind the time-zone eight-ball. So consider this a first volley as we try to bring you the nuts and bolts and offer a lot of summarized raw data and links for you to read through it all yourselves, even as we do same.

The skinny is that the U.S. House Judiciary Committee Democrats, led by ranking minority member John Conyers (D-MI) have now released their full 250-page report, said to be more than six months in the making, on the Administration's use/abuse of pre-war intel, torture policies and much more. The BRAD BLOG first reported exclusively on all of this as 'coming soon' last week. Yesterday, we added quite a few details about what to expect in this report. Our friends at RAW STORY have several articles, including links to the Full Report and its Executive Summary.

-- Report Executive Summary here
-- Report in full here [PDF]
-- Report by chapters here (Includes links to all exhibits, key documents, etc.)

Along with the report, Conyers has introduced three resolutions in the House which call for the Censure of George W. Bush and Dick Cheney for failure to provide oversight materials to Congress and for "misstatements" in their lead-up to war. One of the resolutions also calls for the creation of a new "Select Committee" --- with subpeona power --- to discover whether there are grounds for Impeachment of both Bush and Cheney. This committee has been described to us by a Judiciary Committee staffer as "similar to the Ervin Committee on Presidential Campaign Acitivites that kicked off Watergate, to conduct further investigation of the matters described in the report." The committee would then refer evidence constituting impeachable offenses to the House Judiciary Committee.

The report --- entitled THE CONSTITUTION IN CRISIS: The Downing Street Minutes and Deception, Manipulation, Toture, Retribution, and Coverups in the Iraq War --- is described by Conyers this way in a Press Release this morning (complete text of Press Release posted at end of this article):

"In brief, we have found that there is substantial evidence the President, the Vice-President and other high ranking members of the Bush Administration misled Congress and the American people regarding the decision to go to war in Iraq; misstated and manipulated intelligence information regarding the justification for such war; countenanced torture and cruel, inhuman and degrading treatment in Iraq; and permitted inappropriate retaliation against critics of their Administration. There is at least a prima facie case that these actions that federal laws have been violated - from false statements to Congress to retaliating against Administration critics."
...
"The Report rejects the frequent contention by the Bush Administration that there pre-war conduct has been reviewed and they have been exonerated. No entity has ever considered whether the Administration misled Americans about the decision to go to War, and the Senate Intelligence Committee has not yet conducted a review of pre-war intelligence information, while the Silberman-Robb report specifically cautioned, that intelligence manipulation "was not part of our inquiry." There has also not been any independent inquiry concerning torture and other legal violations in Iraq; nor has there been an independent review of the pattern of cover-ups and political retribution by the Bush Administration against its critics, other than the very narrow and still ongoing inquiry of Special Counsel Fitzgerald."

The three House Resolutions created along with the report, were filed in the House on Sunday. Links to the complete draft text of each Resolution, and the introductory paragraph for each follow:

-- H.R. 635 [PDF], Resolution calling for creation of a "Select Committee":

Creating a select committee to investigate the Administration's intent to go to war before congressional authorization, manipulation of pre-war intelligence, encouraging and countenancing torture, retaliating against critics, and thwarting congressional oversight, and to make recommendations regarding grouns for impeachment.

-- H.R. 636 [PDF], Resolution calling for Censure of George W. Bush:

Censuring President George W. Bush for failing to respond to requests for information concerning allegations that he and others in his Administration misled Congress and the American people regarding the decision to go to war in Iraq, misstated and manipulated intelligence information regarding the justification for the war, counteananced torture and cruel, inhuman, and degrading treatment of persons in Iraq, and permitted inappropriate retaliation against critics of his Administration, for failing to adequately account for specific misstatements he made regarding the war, and for failing to comply with Executive Order 12958.

-- H.R. 637 [PDF], Resolution calling for Censure of Richard B. Cheney:

Censuring Vice President Richard B. Cheney for failing to respond to requests for information concerning allegations that he and others in the Administration misled Congress and the American people regarding the decision to go to war in Iraq, misstated and manipulated intelligence information regarding the justification for the war, countenanced torture and cruel, inhuman, and degrading treatment of persons in Iraq, and permitted inappropriate retaliation against critics of the Administration and for failing to adequately account for specific misstatements he made regarding the war.

As we reported yesterday, the AfterDowningStreet.org advocacy website has introduced a new look along with a new URL. In addition to their previous name, they are now also known as CensureBush.org.

Conyers has set up some actions items at his own website JohnConyers.com where he is asking Americans to sign his letter informing George W. Bush about his intentions to censure and call for a Select Committee. A similar letter, asking for answers in regards to the so-called "Downing Street Documents" was signed by more than half a million Americans and delivered to the White House by Conyers' earlier this year.

As well, Progressive Democrats of America (PDA) has created a letter writing campaign to allow you to ask your own Representatives to support the resolution calling for the creation of a "Select Committee". You can send that letter to your reps here.

We'll update this item as appropriate throughout the day with additional material and/or links as we move through things.

The complete text of John Conyers' Press Release as issued this morning follows...

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

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By John Gideon on 12/19/2005 10:07pm PT  

Guest Blogged by John Gideon of VotersUnite.org

North Carolina counties continue to meet and make their selections of voting machines for the future. Unfortunately they cannot wait until a decision from the court on whether any voting system presently certified by the state board of elections can, by law, be considered to be certified. The state is certainly doing nothing to stop the counties from making their decisions....

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

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Damning Report on Bush Admin Use/Misuse of Pre-War Intel! Both Conyers' and 'Downing Street Documents' Advocacy Group to Launch Additional Internet Domains With Release of Report!
PLUS: Increasing Buzz About Bush Impeachment Proceedings May Soon Be Getting Much Louder...
By Brad Friedman on 12/19/2005 4:41pm PT  

As broken this morning by RAW STORY, the House Judiciary Committee Democratic staff is set to release an extensive and damning new report tomorrow entitled "THE CONSTITUTION IN CRISIS: The Downing Street Minutes and Deception, Manipulation, Toture, Retribution, and Coverups in the Iraq War."

The BRAD BLOG has been able to gather a few additional details, some we are able to report today, others cannot be announced until the final report is released to the public. The report is currently scheduled for release tomorrow.

In anticipation for tomorrow's report, The BRAD BLOG revealed in an exclusive report last week that Rep. John Conyers' (D-MI) House Judiciary Committee staff had registered a number of websites including dsmreport.com, theiraqreport.net and other similar domains. All of those domains have been automatically re-directed to Conyers' personal website JohnConyers.com. Conyers is the ranking minority member of the U.S. House Judiciary Committee.

We can also now report that, beginning tomorrow, along with the release of the upcoming report, AfterDowningStreet.org will change its look and nature and will be accessible via an additional URL. Though, David Swanson, one of the founders of the site which is devoted to spreading news surrounding the so-called "Downing Street Documents" was somewhat cryptic in what he'd allowed us to report about the changes that will be taking place tomorrow.

"I could tell you more," said Swanson, "but for now I need to keep it to myself and the NSA spies assigned to my house."

Additionally, though not necessarily directly related, both AP and RAW STORY are now reporting that several members of Congress have begun discussing the possibilities of Impeachment for George W. Bush. And at least one member of the House Judiciary Committee has asked the Attorney General for a Special Counselor to be assigned to the matter of George W. Bush's recent admission to domestic spying on U.S. citizens.

The BRAD BLOG has learned and confirmed from congressional sources, that the report from the Judiciary Committee Democratic staffers is expected to be the most comprehensive, indepth look at the Bush Administration's use and misuse of pre-war intelligence in the run-up to war in Iraq.

The landmark report, said to be more than six months in the making, will include extensive, detailed allegations concerning the Bush Administration's use of manipulated facts and intelligence, retribution against domestic opposition, coverup of facts and intelligence known to be in contradiction with their contentions about Iraq's weapons programs, and illegal torture.

The report will be more than 200 pages long, including an additional 100 pages or more of evidence and documentation for the very serious Constitutional charges that are being made.

The report is said to be far more extensive than a detailed report issued previously by the House Judiciary Committee Democrats concerning so-called "irregularities" in Ohio during the 2004 Presidential Election and its aftermath. Like that report, this one will also be published in book format.

As with an earlier effort by Judiciary Committee Democrats to raise public awareness of the Downing Street Documents --- top-secret leaked memos from British officials charging that the Bush Administration had determined to topple Saddam through military means and that the "intelligence and facts were being fixed around the policy" even while they were telling both Congress and the American people that war could be avoided by diplomatic means --- this report will also coincide with a public effort to raise awareness and support for the allegations being made. The earlier DSM effort resulted in more than half a million signatures from the American people being delivered by hand to the White House. This report will also be released concurrently with an initiative to gather support from the American people to help raise awareness to the very serious allegations being made.

AP reported earlier today on Civil Rights-era icon, Congressman John Lewis (D-GA) as calling for the potential impeachment of George W. Bush in a radio interview earlier today. His suggestion comes in light of recent admissions that Bush had authorized spying on U.S. citizens in apparent violation of the Foreign Intelligence Surveillance Act. Lewis reportedly added, "The president should abide by the law. He deliberately, systematically violated the law. He is not King, he is president."

Since Lewis' comments were reported, Senator Barbara Boxer (D-CA) has issued a news release referring to the "'I' word" as well. Boxer's comments point to analysis offered by Watergate figure and one-time White House Counsel John Dean who has suggested that Bush has now admitted to an "impeachable offense" in regards to the authorization of domestic spying.

Additionally, Congressman Jerold Nadler (D-NY) has today written a letter to Attorney General Alberto Gonzales demanding that a Special Prosecutor be assigned to investigate the "secret directive that authorizes domestic eavesdropping on United States citizens, without a warrant." The congressman, who also sits on the U.S. House Judiciary Committee, added in his letter, that "This unprecedented intelligence gathering policy is clearly prohibited by law."

It remains to be seen whether tomorrow's report from the House Judiciary staff will add to the now-increasing drumbeat of voices suggesting Investigations and/or Impeachment Proceedings for yet another sitting United States President. The BRAD BLOG will, as always, be keeping our eye on the latest developments...

UPDATE: Late word and a brief post to ConyersBlog, says:

If all goes well, I expect to make an announcement on the Stephanie Miller Show in the third hour of her show (beginning 11am EST).
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By Brad Friedman on 12/18/2005 11:44pm PT  

Last year we were nominated for more categories than any other blog, but in the end, didn't win in any of them.

This year, let's see if we can win in all of the categories, without being nominated for any of them! Oh...wait...that may not work...

So...nominations are now being accepted for the 2005 Koufax Weblog Awards. If you are so inclined, we'd be honored if you put in a few good words (and nominations) for your friendly neighborhood BRAD BLOG! http://www.BradBlog.com

-- Read About Categories Here
-- Leave your nominations in the Comments section here!
(NOTE: New thread now opened, previous one had gotten full and they closed it)

(NOTE: Apparently there are several stages in this process...semi-finals, finals and so on. So pardon us if we bug you periodically to consider putting in a good word for us over there. You'll be pleased to know the election will be run with all of the strict air-tight security standards as mandated by the Help America Vote Act of 2002! So get hacking!)

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