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Latest Featured Reports | Saturday, May 23, 2015
Gov. Don Siegelman's Son on Father's Case; 'Bin Laden's Bookshelf': 'BradCast' 5/22/15
GUEST: Joseph Siegelman; Plus: Was al-Qaeda hoping to hack a US election?...
'Bin Laden's Bookshelf' Contained Classic Book on Hacking Computer Elections
Reading material said to have been on the al-Qaeda leader's shelf when he was killed may not be a surprise to BRAD BLOG readers...
GOP State Sen. on Nebraska's 'Veto Proof' Death Penalty Ban: 'BradCast' 5/21/15
Guest: State Sen. Al Davis (R); Plus: Siegelman appeal denied; Jeb still rewriting Iraq history; Goodbye, Dave; MORE...
'Green News Report' 5/21/15
  w/ Brad & Desi
Major oil spill off CA coast; New settlement in 2010 BP Gulf Oil Spill; Fossil fuels subsidized $5 TRILLION/year; PLUS: Obama to Coast Guard cadets: climate threatens NatSec...
Previous GNRs: 5/19/15 - 5/14/15 - Archives...
BREAKING: Appeals Court Denies Siegelman Retrial
AL's former Dem Governor's request denied. He remains in federal prison as Repubs who orchestrated 'political prosecution' (including 'wife-beating' Judge Mark Fuller) remain free...
Walker, Christie, GOP, FCC, Untethered From Reality: 'BradCast' 5/20/15
Facts and reality matter; Journalist turned media-activist Sue Wilson helps explain...
Rep. Hank Johnson (D-GA) on Obama's Executive Order to Demilitarize the Police: 'BradCast' 5/19/15
Plus: A spate of new voting laws, good and bad, around the country...
'Green News Report' 5/19/15
  w/ Brad & Desi
'The Paddle in Seattle' to stop Shell's Arctic drilling; Study finds new emmissions rules will save lives...so GOP blocking them; PLUS: Indigenous tribe nixes natural gas billions...
Previous GNRs: 5/14/15 - 5/12/15 - Archives...
Walker and GOP Turn First Amendment On Its Head
The FCC's blow to free speech rights you probably never heard about, and how, if Walker and Republicans have their way, it may soon get even worse...
People v. Shell in Seattle; Truth v. Iraq Lies on Fox:
'BradCast' 5/18/15
Guest: Seattle Councilman Mike O'Brien; Now Rubio trips over Iraq; TX shootout; Antarctica ice shelf disappearing; MORE...
The 'Br'er Rabbit Strategy' To Fend Off A Sanders-Led Democratic Revolution
Wall Street and the corporate MSM tell us they fear Bernie Sanders could 'pull Hillary to the left'. But is there more to their strategy?...
Sunday Toons: Off the Rails
From the TPP deal to tragedy in Philadelphia to the GOP 2016ers on Iraq to drilling in the Arctic and marriage equality in Texas, common sense continues to be derailed...
Learning From History
& GOP Rewriting Iraq's: 'BradCast' 5/15/15
Guest: Journalist Peter Dykstra, formerly of CNN, on how enviros should learn from the past; GOP 2016ers trying to rewrite Iraq...
Texas Republicans Hoping to Block Even More Legit Voters With New ID Scheme
New law, if adopted by state, would take already unconstitional Photo ID voting restrictions to new level...
NSA Spying & 'USA Freedom Act'; Dumb Jeb Still Between Iraq, Hard Place: 'BradCast' 5/14/15
Guest: Marcy Wheeler; Plus: Feingold's back! OH GOP still suppressing voters; 600th GNR...
'Green News Report' 5/14/15
  w/ Brad & Desi
OUR 600th EPISODE! -- Hours after Amtrak crash, GOP votes to cut Amtrak budget; FBI spied on Keystone XL protesters; PLUS: Hawaii to be 1st in nation to go 100% renewable...
Previous GNRs: 5/12/15 - 5/7/15 - Archives...
CIA Drugging of 9/11 Detainees? & Jeb Too Dumb to Run: 'BradCast' 5/13/15
VICE News' investigative reporter Jason Leopold on his new exclusive CIA documents; MORE...
Dems: 'No' to Obama on TPP
'BradCast' 5/12/15
Salon's David Dayen joins us to discuss Dems' refusal to go along with their President (for now); Plus: First election lawsuit of 2016; Jeb on Iraq, Allen West on 'Sharia Law'; MORE...
'Green News Report' 5/12/15
  w/ Brad & Desi
Fire & oil spill at NY nuke plant; Shell approved for Arctic drilling; More CA water cuts; GOP slashes NASA Earth research; PLUS: Solar-powered plane's most dangerous journey...
Previous GNRs: 5/7/15 - 5/5/15 - Archives...
NY Nuke Plant Fire, Oil Spill; NC's Mysteriously Vanishing Voter Registrations:
'BradCast' 5/11/15
Guests: Tyson Slocum of Public Citizen; 'DocDawg' of Daily Kos...
Bernie Who? 'Meet the Press' Ignores Sanders
Media watchdog documents NBC's Chuck Todd snubbing Sanders' entry into 2016 Presidential primary, while covering GOP also-rans dozens of times...
Sunday Toons: 'Loon Star State' and Beyond
It's getting crazy in Texas and in the GOP 2016 race and...oh...just pick a place...
Unverifiable Voting Machines (& How to Hack Them): 'BradCast' 5/8/15
Guest: Computer scientist Jeremy Epstein of Verified Voting on the decertification of 1/5 of Virginia's voting machines; MUCH MORE...
Broken Political Machines (& How to Fix Them): 'BradCast' 5/7/15
Guests: TX blogger Perry 'PDiddie' Dorrell on Rick Perry's felonies; Ernie Canning on Bernie Sanders and the 'democracy deficit'; & MORE...
'Green News Report' 5/7/15
Huge, political win for progressives in Alberta; New rules for oil 'bomb trains'; C02 emmissions milestone; PLUS: Elon Musk and Tesla revolutionize batteries...again...
Rep. Bob Inglis (R-SC) and the Conservative Case for Climate Action: 'BradCast' 5/6/15
Finally! A Republican on The BradCast! Plus: Fox 'News' v. RWers; Another oil train explosion in ND and more!...
Perry's Ace in the Hole in Felony Trial
The former TX Governor is preparing to run for President, even while facing felony charges. He doesn't seem worried. Maybe this is why...
Equal Justice for All?: 'BradCast' 5/5/15
Constitutional law expert and reporter Ian Millhiser on last week's oral hearings in the landmark marriage equality case at SCOTUS. Plus: 'BridgeGate'; Huckabee; more...
'Green News Report' 5/5/15
2016 GOP nomination race just doubled in size with Carson, Fiorina, Huckabee (deniers all) all jumping in; PLUS: The Pope's moral message on climate change...
'Free Speech' Versus 'Hate Speech': 'BradCast' 5/4/15
Brad and comedian Jimmy Dore continue debate they've had since 'Charlie Hebdo' following another 'Mohammed cartoon' shooting; Plus: FEC dysfunction & more...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Rep. Jean Schmidt drops four claims in Ohio election case, following deposition by formerly-gagged Turkish-American translator Sibel Edmonds, adds another
Preliminary panel finds 'probable cause' in several claims against Krikorian...
By Brad Friedman on 8/14/2009 7:07pm PT  

Claiming that Ohio's Republican U.S. House Rep. Jean Schmidt (R-2nd) is "conced[ing] that she does deny the Armenian Genocide," the campaign of her Democratic challenger David Krikorian has just issued a press release (posted in full below), stating that Schmidt has dropped four of her "false statements" complaints against him in her Ohio Election Commission (OEC) case, while petitioning the court to add a new claim in the bargain.

The news comes on the heels of last Saturday's deposition by the FBI's former Turkish-American translator Sibel Edmonds who had been subpoenaed last week to testify in the case. The whistleblower had been previous-gagged by two different assertions of the "state secrets" privilege during the Bush Administration. She was finally able to testify on Saturday, under oath, about alleged infiltration, bribery, and blackmail by Turkish agents, of current and former members of the U.S. Congress and other high ranking officials in the Departments of State and Defense. The BRAD BLOG covered the stunning deposition as it happened last Saturday.

Schmidt had challenged Krikorian's claim, during his 2008 independent campaign against her, that she accepted "blood money" from Turkish agents in exchange for helping to block a Congressional resolution recognizing the 1915 killing of some 1.5 million ethnic Armenians as a genocide....

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

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David Krikorian campaign notes Google's removal of ads by Turkish lobby group denying Armenian genocide
Announces open-to-public preliminary hearing tomorrow in his Ohio Election Commission case against Ohio Rep. Jean Schmidt...
By Brad Friedman on 8/12/2009 12:07pm PT  

As we continue to wait for the release of the video/transcript of long-gagged FBI whistleblower Sibel Edmonds' deposition last Saturday, the campaign of David Krikorian, Ohio's Democratic candidate for the U.S. House seat in the 2nd Congressional district, has just issued a press release relating to it. (Complete release posted below.)

In the statement, they re-iterate some of the information which The BRAD BLOG covered during our live-blogging of the event over the weekend, including Edmonds' allegations under oath that "the Turkish Lobby in the United States was under the direction of the Turkish Government and engaged in operations including bribery, espionage and blackmail with certain members of the US House of Representatives to further its objectives in the United States including one of which is the denial of the Armenian Genocide."

Some of those current and former House reps, such as Dennis Hastert (R-IL), Dan Burton (R-IL), Bob Livingston (R-LA), Dick Gephardt (D-MO), and Stephen Solarz (D-NY), were said to have been specifically named during the 5-hour-long deposition. One female Representative, said to be a Democrat and still serving in the House, was described, but not named, as having been "hooked" by Turkish agents into participating in a lesbian affair which is said to have been videotaped for potential blackmail use against the sitting Congresswoman....

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Former agency translator called to testify in Ohio election case this Saturday on Turkish infiltration of U.S. government...
By Brad Friedman on 8/5/2009 8:56pm PT  

[Update 8/7/09: FBI has now attempted to block Edmonds' testimony. Exclusive details now here...]

Unless the Dept. of Justice re-invokes their twice-invoked "state secrets privilege" claim in order to once again gag former FBI translator-turned-whistleblower Sibel Edmonds, her attorneys have notified the department by hand-delivered, sworn letter of declaration [PDF] this week, that she intends to give a deposition, open to the media [Updated: see bottom of article for details], in response to a subpoena this Saturday in Washington D.C..

Edmonds has confirmed her intentions to answer any questions asked of her during the sworn proceedings, fully and publicly, during conversations with The BRAD BLOG this week. She notes that her agreement with her former employer, the FBI --- who fired her illegally after she filed whistleblower allegations about corruption and foreign infiltration in the linguistics department --- includes certain non-disclosure requirements. However, those requirements do not preclude her answering to a legally issued court subpoena.

The subpoena and request for sworn deposition is part of a case now pending before the Ohio Elections Commission in which Ohio's Republican U.S. Congresswoman Jean Schmidt (R-2nd District) has filed a complaint against her 2008 independent challenger, David Krikorian who Schmidt has charged distributed false statements about her during last year's campaign.

The resulting testimony, if it indeed occurs this weekend, could be far more explosive than either Schmidt or Krikorian might have ever guessed...

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By Brad Friedman on 7/3/2009 10:54am PT  

UpTake.org interviews Senator-Elect Al Franken: "I want to thank the UpTake for what you did during the recount and the contest, for making it so transparent, what the process was, the transparency of it. It was an unbelievable great service."

On that point, we'll concur with Franken wholeheartedly. Their coverage alone helps make specious, partisan propaganda disguised as commentary, like the WSJ's, even more laughable and baseless than it already was.

The UpTake's live video, radio, and live-blog coverage and analysis of every step in the Franken/Coleman hand count, election contest, etc., set the standard for the very best of indispensable citizen journalism. Big thanks and kudos are owed Michael McIntee, Noah Kunin, et al! Take a well-deserved victory lap, guys!

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Debunking evidence-free, sore-loser wingnuttery from John Fund and fiends. Again...
By Brad Friedman on 7/3/2009 9:45am PT  

In an unbylined Wall Street Journal editorial (why a liar and sore-loser like WSJ/GOP operative John Fund is so ashamed to put his name on his own writing we'll never know...okay, maybe we do), the once-respectable paper shamelessly asserts: "Mr. Franken now goes to the Senate having effectively stolen an election."

In response, we'll associate ourselves with TPM's Eric Kleefeld's take on it, calling it "an essay that is so full of factual errors and distortions about what happened, it can drive you nuts if you'd spent countless hours following all the gritty details like I did."

It's all par for the cowardly John Fund course, of course.

But since the sore-losing, sour-grapes, tin-foil hatted conspiracy theorists of the Wall Street Journal have taken the opportunity to propagandize the transparent Franken/Coleman election results by comparing them to the 2004 Washington state Gubernatorial race, where the Democratic candidate Christine Gregoire defeated Republican Dino Rossi during a long, sloppy post-election contest and court case, let's remind folks for the record, here in the reality-based community, what the judges in each case found in regard to the keyboard wingnut claims of "fraud"...

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By Brad Friedman on 7/1/2009 10:05pm PT  

Please check out my editorial in response to the Franken election, as published at the UK's Guardian yesterday just after the MN Supreme Court verdict. Here's a taste...

When ballots are counted in secret (or, in many cases, not counted at all), democracy is dangerously imperiled. Lucky for Minnesotans, that wasn't the case up there, even if it meant some eight months without proper representation in the US Congress. It was worth the wait.

Transparency was no match for the conspiracy theorists, including the RSCC, the head of the Republican party and even the Republican National Lawyers Association, who embarrassingly joined the black helicopter crowd in touting evidence-free claims of Franken's "efforts to steal a seat in the United States Senate."
...
When democracy is visible to all, it works. When it becomes buried behind secrecy, insider tabulations and computerized black boxes, the very basis of our system of government is put dangerously at stake.

Transparency wins again. Along with the voters of Minnesota. Nice to see the voters win one for a change.

Check out the whole thing, if only for some of the whacky comments posted by some of the wingnut dead-enders over there. One of them, "MikeMichigan" wrote in response to my piece, channeling every nutball with a primetime show over in Crazy Land (aka Fox "News")...

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Former Republican Senator's appeal unanimously rejected by state's high court; Franken 'entitled' to certification
[Update] Brad at UK Guardian: 'Voters win one for a change'...
By Brad Friedman on 6/30/2009 11:14am PT  

[Updated several times at end of article...]

The Minnesota Supreme Court has just ruled that Democrat Al Franken will be the state's next U.S. Senator, bringing to a close the months-long contest against former Republican Sen. Norm Coleman.

The decision was a unanimous 5 to 0 ruling, finding that Franken was "entitled" to be certified by the state's Republican Gov. Tim Pawlenty and its Democratic Secretary of State Mark Ritchie.

Pawlenty has recently said he would sign the certification for Franken, if ordered to do so by the MN Supremes. The state requires a signature for certification from both the Governor and the Sec. of State before Congress members may be seated. State law also allows for all election contests to be settled in the state before certification is signed.

Franken's seating would give Democrats a theoretical 60-seat, filibuster-proof majority in the Senate, following Arlen Specter's recent move to the Democratic party.

Franken, an author, former radio talk-show host, and comedian, was found, by a three-judge, tri-partisan election contest panel to have won the election by 312 votes following an historic, painstakingly careful hand count of nearly 3 million paper ballots cast in last November's election. Coleman may now appeal the decisions of the state canvassing board, the three-judge election contest panel, and the unanimous decision of the state Supreme Court to the U.S. Supreme Court...

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FLASHBACK VIDEO: Brad covers arrest with 'Fox News Alert' on FNC last October amidst phony ACORN brouhaha...
By Brad Friedman on 6/17/2009 5:30pm PT  

What's perhaps most interesting here is what isn't mentioned in this story, as written on the Los Angeles Times' "L.A. Now" blog. First, here's their entire blog item...

The owner of a voter-registration company pleaded guilty Tuesday to voter-registration fraud, according to the Los Angeles County district attorney’s office.

Laguna Beach resident Mark Jacoby, who collects signatures for petition drives, pleaded guilty to a misdemeanor and was sentenced to three years' probation and 30 days of service with the California Department of Transportation.

Jacoby, owner of Young Political Majors, registered to vote at Los Angeles addresses that were not his own. State law requires petition circulators to be qualified voters. Jacoby will also be required to show proof he is registered at his correct address.

And what they didn't bother to mention in that story?...

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Extra votes haunt two recent elections, run by two different companies, in two different places
PLUS: Sequoia shocker! Company agrees to turn over source code to D.C. without even a fight!
By Brad Friedman on 6/8/2009 5:28pm PT  

Two stories of thousands of "phantom votes" being added to election result totals by electronic voting system were in the news over the past couple of days.

One is some news in the older story of 1,500 votes added to a precinct's results in D.C.'s primary election last September. The maker of the failed voting system, Sequoia Voting Systems, Inc., originally tried to blame "static electricity" and then "human error" for the failure. But as the D.C. City Council was having none of it, the company has now agreed to allow an independent inspection of its hardware and software, in order to avoid yet another expensive court battle for the beleaguered company.

The other story concerns nearly 5,000 "phantom" ballots added by the ES&S AutoMark optical-scan system used in last week's Rapid City (Pennington County), South Dakota, City Council race, for some still unknown reason, currently chalked up for now to "software glitch." The discovery of the failure led to a change in the originally reported election results.

The skinny on both stories, and an extra observation or two on the Sequoia/D.C. matter, follow below...

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Update: Coleman may throw in towel if he loses at MN Supreme Court, according to Roll Call 'sources'...
By Ernest A. Canning on 6/3/2009 4:53pm PT  

Guest Blogged by Ernest A. Canning

Minnesota Governor Tim Pawlenty (R) informed MSNBC's Andrea Mitchell:

I can't sign the certificate until the State court process is complete. We don't know who the winner is, but as soon as that process is complete and they give direction as to signing the certificate, I'm going to sign it…

Pawlenty's remarks are consistent with MN Election Law as interpreted [PDF] by the MN Supreme Court in Franken v. Pawlenty. (The latest MN Supreme Court action in Coleman v. Franken was recently covered here). MN law prevents either Governor Pawlenty (R) or Secretary of State Mark Ritchie (D) from signing the certificate once an election contest has commenced and before it is completed in state court. It is also consistent with the legal argument presented by Al Franken in his MN Supreme Court brief [PDF] that the MN Supreme Court should order the Governor and Secretary of State to perform what amounts to a "ministerial duty" to sign and countersign the certification of election upon the completion of the state court process. This statement follows, within one day, Pawlenty's announcement that he would not seek a third term as Governor.

[Hat-tip BRAD BLOG commenter 'FreedomOfInformationAct']

UPDATE 6/4/09: Roll Call now reports that Coleman also may be ready to throw in the towel if he loses at the MN Supremes: "Sources close to Coleman say the former Senator would likely give up his legal battle and accept defeat if the Minnesota Supreme Court decides in Franken's favor. That's because Coleman anticipates that Gov. Tim Pawlenty (R) would ultimately sign Franken's certification papers."

The BRAD BLOG covers your electoral system fiercely and independently, like no other media outlet in the nation. Please support our work with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...
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Coleman Attny: 'Send it back to 3-judge panel'; Franken Attny: 'Confident' he'll be seated...
By Ernest A. Canning on 6/1/2009 10:42am PT  

Guest Blogged by Ernest A. Canning

From their respective press conferences following today's oral argument at the Minnesota Supreme Court on former Senator Norm Coleman's appeal of the results of his U.S. Senate election contest...

"We are asking that the court send it back to the three judge panel to apply the same standard as election night...Our case is in the offers of proof." - Coleman attorney Joe Friedberg

"The most important question is how long it will take to enfranchise 4,000 Minnesotans." - Former Senator Norm Coleman

"With a ruling from the State Supreme Court we’ll be at the end of this process...I am confident that at the end of the process...Al Franken will be seated." - Franken attorney Marc Elias

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'Virtually identical' to previous arguments, legal team says; Also seeking order directing Gov & SoS to certify Franken's electoral victory
Oral argument set for June 1...
By Ernest A. Canning on 5/12/2009 3:51pm PT  

Guest Blogged by Ernest A. Canning

During a news conference yesterday (video here courtesy of TheUptake.org) Marc Elias, representing Sen.-elect Al Franken in the election contest brought by former Sen. Norm Coleman, announced the filing of Franken's brief [PDF] responding to Coleman's appeal [PDF] of the decision by the tri-partisan, three-judge election contest panel's ruling which found: "Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator and is entitled to receive the certificate of election."

Noting that, because of its ability to make credibility determinations, a trial court's factual findings are entitled to "great deference" in an appeal, Elias observed that Coleman had a "heavy burden" in showing that the three-judge panel erred on the facts and the law. He says it's a burden the Coleman team has not met in their appellate arguments. Elias noted that the legal contentions made in Coleman's opening brief were "virtually identical" to those that were made and rejected by the three-judge panel.

We discussed Coleman's arguments, and the three-judge panel's rejection of them, last month in 'For Coleman, the End is Near...'. As our legal analysis detailed, we agree with Elias' May 11, 2009 assertion that the Coleman legal challenge is "without merit."

For example, per Elias, Coleman attorney Ben Ginsberg continues to tell the media that 4,400 uncounted absentee ballots were improperly rejected, but as we observed...

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From Diebold to Zero in 90 Days
And there's nothing Humboldt can do about it...
By Parke Bostrom on 4/30/2009 4:32pm PT  

By Parke Bostrom and Brad Friedman

On Tuesday, April 21, we gave Humboldt County, CA Registrar of Voters Carolyn Crnich a public records request for the two letters she read aloud (but declined to otherwise disclose) at a March 24 public meeting of the ad-hoc Humboldt Election Advisory Committee.

As The BRAD BLOG previously reported the two letters were from Premier Election Solutions (formerly Diebold Election Systems). The primary purpose of both letters was to terminate all contracts between Premier and the county. The letters were dated March 17 and 18, the day of, and the day after, the CA Secretary of State's hearing regarding serious flaws found in Diebold/Premier's GEMS vote-tabulation system.

At that hearing, a Diebold/Premier spokesperson admitted that all versions of their GEMS systems --- as used in 20 counties in CA, and 34 states across the nation --- feature such flaws. Some of those flaws, including the wholesale deletion of ballots without notice to the system operator, were discovered to the surprise and dismay of Crnich and volunteers working on the Humboldt County Election Transparency Project following the certification of the November 2008 election. Crnich was subsequently forced to re-certify the election with new results. [Disclosure: Parke Bostrom is one of the volunteers on the Humboldt ETP.]

Last Tuesday, at the next monthly meeting of the ad-hoc committee, Crnich presented copies of the two one-page letters and allowed examination of the originals (copies of which are posted at the end of this article.) The letters' legal language is very plain, straightforward and troubling. The contracts' termination clauses are being executed, and those clauses specify the necessary steps and required time frames...no matter how it may adversely affect upcoming elections in Humboldt County...

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By Ernest A. Canning on 4/20/2009 9:51pm PT  

Guest blogged by Ernest A. Canning

Operating out of an undisclosed location, former Sen. Norm Coleman's attorney, Ben Ginsberg, announced that the Coleman legal team had filed a notice of appeal with the Minnesota Supreme Court, seeking to overturn the three-judge panel decision [PDF] declaring that Al "Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator and is entitled to receive the certificate of election."

Ginsberg asserted that the appeal was based on the same contentions made during the course of the election contest, especially as it relates to equal protection and an alleged disenfranchisement of some 4,400 Minnesota voters.

Franken attorney, Marc Elias, responded, noting that five of the six claims made by Coleman's appeal seek not to add additional votes but to delete votes already counted. Elias announced on TheUptake.org that he plans to file a motion on Tuesday with the MN Supreme Court asking that the court order expedited briefing, with Coleman's brief to be filed by Monday Apr. 27, and Franken's response on May 2.

There's not a whole lot new or unexpected yet here, for the moment, though a review of the political balance of the MN Supreme Court who will hear Coleman's appeal is probably worth a quick look, right about now...

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Judge tosses case filed by Pima County Election Department against Democratic Party watchdog
Becomes second citizen recently cleared of charges following arrests while observing elections...
By Brad Friedman on 4/16/2009 4:36pm PT  

[Updated at bottom of article with video of trial testimony and the judge's dismissal of the case.]

Along with everything else that's been going on over the past week or two in the criminal investigation hand count of the 2006 Pima County (Tucson), AZ, special election (see our detailed special coverage here and here, with a bit of followup coming tonight, by the way. [UPDATE: Here's that late report.]), local election integrity watchdog John Brakey has had a trial of his own to contend with this week, following his arrest last September, while serving as an official observer during a post-election hand-count "audit" of the state's primary election on behalf of both the Democratic and Libertarian Parties.

As The BRAD BLOG reported at the time, Brakey had noticed that a number of ballot bags, selected for the hand-count, had missing or broken security seals on them. When he asked about them, he was promptly arrested on the orders of Pima's "Election Director Gone Wild" Brad Nelson, a Republican and long-time foe of Brakey's.

The case against Brakey, heard in court this afternoon, was dismissed by Judge Luis Castillo after the county presented its evidence on the charges of "trespassing," as we were informed today by Brakey and his attorney Bill Risner, who wouldn't even need to plead their own case to the judge today...

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

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