It was almost three years ago that The BRAD BLOG first spotted the conspiracy long-range business plan being fronted for the Republicans by GOP con-man/operative Mark F. "Thor" Hearne II. The scheme became immediately transparent, to those who wished to see it, when his brand-spanking new "voting rights" group scam, calling themselves the "American Center for Voting Rights" (ACVR), popped up at a phony Congressional hearing on the 2004 Election, in March of 2005, as chaired by the now-jailed felon from Ohio, Rep. Bob Ney (R-Abramoff).

Hearne had identified himself at the hearing only as "a longtime advocate of voter rights and an attorney experienced in election law," conveniently omitting that he had been the very partisan national general counsel for Bush/Cheney '04 Inc. and had founded the "non-partisan" ACVR with his "non-partisan" partner, Jim Dyke, who had previously been the communication director for the RNC. (Shortly thereafter, the "non-partisan" Dyke went on to work for the "non-partisan" Dick Cheney at the White House, and now fronts for the "non-partisan" Rudy Giuliani.)

We spent a good portion of the ensuing three years with our hair on fire, trying to wave red flags about the transparent scheme/propaganda that Hearne was selling: Phonied up data on a non-existent "epidemic" of "Democratic Voter Fraud" in order to force restrictive Photo ID laws at the polling place, meant only to keep millions of largely Democratic-leaning minority and elderly voters from being able to cast a legal vote at all.

After the U.S. Attorney Purge Scandal finally shed light on the Republican "voter fraud" scheme to the rest of the media, folks started paying attention and Hearne quickly shut down his ACVR shop.

But the mission had been accomplished, and the foothold the Republican scammers needed had already been established, with laws such as Indiana's Photo ID restriction that is now headed towards a hearing in the Supreme Court. The results of the decision could well help determine the outcome of the 2008 elections.

UPDATE: Alternet's Steve Rosenfeld picks up on this precise issue today, reporting on how the rightwing "ballot security" operatives are arguing to the Supreme Court in favor of pre-emptive voter challenges at the poll, without the necessity of having to show that any such voter fraud is actually occurring. As well, they are building their legal case on the idea that "fear of" voter fraud is enough to demand such onerous ID requirements, even though it is the same "right-wing activists who spent years creating and publicizing a myth of widespread voter fraud," who are now making the case that "perception of potentially corrupted elections is yet another reason why states should be allowed to police the voting process with new restrictions such as voter ID laws." These wingnut zealot bullshit artists are the best in the business. If you consider "best" to be most evil and "business" to be our frickin' American democracy.

Despite Hearne's claims, made earlier this year to the St. Louis Post-Dispatch, that The BRAD BLOG made it impossible for him to run his scam without public/media notice, the huckster is still at it. He's just filed an amicus brief in the Supreme Court case, on behalf of 41 GOP Congress members.

You didn't think he'd just slither back under his rock and stay there, did you?...

Guest Blogged by Alan Breslauer

The first part of "Bush League Justice", a special four-day investigation by MSNBC's Dan Abrams into the Bush administration's politicization of the Justice Department, which Brad previewed yesterday, began with a look into the "department's almost unrecognizable Civil Rights Division" (at left, 8:27).

According to Abrams, the Bush administration "has turned the Division against the very people it was designed to protect. Instead of pursuing discrimination cases on behalf of African Americans, the Bush Civil Rights Division has focused on supposed reverse discrimination cases against whites and religious discrimination cases against Christians." Abrams points out that between 2001 and 2006, "not one voting discrimination case was brought on behalf of African Americans."

The segment continues with Abrams questioning former DoJ attorneys David Becker and Alia Malek about the Bush administration "stack[ing] the deck against Democrats." In one example given by Becker, congressional redistricting plans thought to favor Democrats would get "very, very, serious scrutiny" while redistrictings that favored Republicans would receive a "very hands off approach" even if, as was the case in Texas, the plan was unanimously found to discriminate against Hispanics by career Justice Department officials.

In addition to stacking the deck against Democrats, Abrams states that the Justice Department has been "hijacked" by the far right. After evidencing this claim with a couple of telling statistics, a somewhat exasperated Abrams continues, "They fundamentally changed what the Civil Rights Division does. It's no longer there to protect African Americans. It is to go after reverse discrimination cases and also to try and promote religion in schools and other public places."

Part 1 continues (at the 6:15 mark) with Abrams playing the "pretty amazing statement" by John Tanner, the current chief of the DoJ's Voting Rights Section, about minorities not being disenfranchised by Photo ID laws because they "don't become elderly the way white people do, they die first." Unfortunately Abrams, like many in the mainstream media, failed to credit The BRAD BLOG for our original video and reporting of the incident.

Despite the slight we look forward to more excellent reporting on this long overdue topic throughout the week.

Guest Blogged by Alan Breslauer

Will The 2008 Vote Be Fair? That was the topic addressed by host David Brancaccio and former Justice Department official David Becker on NOW last Friday. Part I (at left, 10:01) begins with a discussion of Photo ID laws to prevent the "invented problem" of voter fraud. The discussion continues at the 6:15 mark on the topics of voter caging and voter purging --- when the DoJ requires jurisdictions to purge their voter rolls when they do not match census estimates.

Part II (at right, 9:50) begins with Becker explaining how the Bush 43 Justice Department has subverted its traditional mission: "During about a five year span, not one single case was brought on behalf of African Americans in the Voting Section of the Civil Rights Division". Becker goes on to state that policies were established that favored Republicans and disfavored Democrats in an effort to "gam[e] the system" to retain power.

Next, Brancaccio and Becker explore how the U.S. Attorney scandal fits in to the bigger picture. Becker: "The DoJ, especially under Alberto Gonzales, was being used as an arm of the right wing of the Republican Party to effectuate partisan gains in elections". Finally, the program concludes with a discussion on voting machines and Florida's 13th District.

We don't normally run full articles from elsewhere, but since I'm on the road with very limited time online, and since this item is so important right now and of note to so much that we've covered here over the years (take a look at our Special Coverage page on ACVR to get a taste), I'm making an exception and taking the liberty.

The following is from Josh Marshall at TPM, and was originally published here yesterday. Click through the links below for much more detail!...

Voter turnout was light in many parts of the country yesterday. Ironically enough, that's the good news.

Alternet ran a preview of voter suppression issues of concern in yesterday's elections across the country. Sure enough, the author, Steve Rosenfeld, wrote in during the early evening to let us know there were problems concerning Photo ID issues popping up in pockets around the country, and that he'd have more soon. Our own Alan Breslauer touched base as well with several reports he'd been getting from around the country.

John Gideon's "Daily Voting News" yesterday pointed to some of those issues that had been reported in the media as of yesterday afternoon around the country. GOP voter suppression, through specious claims of Democratic "voter fraud" and the invented "need," therefore, for disenfranchising photo ID laws and challenges at the polls, is at the top of the Republican strategy for '08. Naturally, it was taken out for a test spin yesterday.

(Speaking of spin, don't miss wingnut Mychal Massie's despicable retread diatribe --- including the mandatory quotes from GOP "voter fraud" fraudster, John Fund, who wrote the book on it, literally --- in the wingnut WorldNetDaily. His tragically misguided piece, headlined "Vote fraud: Democrats' meal ticket" gives you just about all you need to know. Read it once, save yourself a thousand or so near-identical reads between now and November 2008. But we digress...)

The other major prong of voter disenfranchisment is, of course, the machine issue. Problems in that area, in particular, tend to reveal themselves in the days after elections. Early on election day such problems are frequently downplayed in the media, who tend to turn to Election Officials for information despite the inherent conflict of interest such officials have in hoping to portray their elections as "successful."

In the early hours, then, hints of such breakdowns are reported as little more than computer "glitches" "hiccups" "snafus" and "snags" (though "kinks" makes it debut today, see below) until later on, when the true extent of the voting system failures --- and that's what they are, not "kinks" --- become known.

With that in mind, here are just a few of those e-voting glitches, hiccups, snafus, snags, and yes, kinks, from around the country so far yesterday, as culled from Gideon's DVN last night...

A good report from a couple of days ago from the I-Team in Cleveland, Ohio. Unfortunately, they tend to run such reports just before Election Days, when it's too damned late to do a damn thing about it.

Nonetheless, some very good stuff here. Of particular note are the points from Diebold's recommendations which "appear to border on the absurd," that should voting machine memory cards be lost, "elections must be re-scheduled." Or if they fail, as our recent story concerning Diebold's admissions about memory card failures in Florida pointed towards, the company says "all voters will have to be called in to re-vote."

Heckuva voting system guys. Check out the report, above right.

NOTE: Discussion of suing Diebold comes up in this piece yet again. Along with the same concerns, as heard elsewhere, about "the Catch-22" of suing voting machine vendors. Namely, counties are afraid to sue the company they rely on to run their next election! The counties and the vendors are "joined at the hip," as the I-Team report points out. Call it a soft form of extortion, really.

If you haven't already, please sign VoterAction's petition calling on Congress to "conduct a full investigation into the dangers associated with the privatization of our public elections and to determine whether certain US voting systems companies have committed crimes under federal and state anti-fraud laws."

For an early look at concerns, largely of voter-suppression issues, around the country, Alternet has a very good state-by-state preview this morning.

Guest Blogged by Alan Breslauer

The NY Times calls for the firing of John Tanner, the chief of the Justice Department's Civil Rights voting section, because of the “offensive” and “bigoted” comments originally captured and reported by The BRAD BLOG:

Also see The BRAD BLOG's extensive coverage on Hans von Spakovsky.

Tanner has come under a great deal of fire, since, our original report of his assertions that while it was "a shame" that elderly voters were likely disenfranchised by his approval --- on behalf of the DoJ, and against the advice of his staff --- of a Georgia Photo ID poll restriction, minorities were somehow better served by it. His objectionable, and now-discredited, argument: "Minorities don't become elderly the way white people do. They die first."

Among those who have previously called for Tanner's firing in some fashion: Sen. Barack Obama, Rep. Jerrold Nadler, Sen. Ted Kennedy, along with many other officials and organizations.

During yesterday morning's contentious hearings in the House Judiciary subcommittee, featuring DoJ Voting Chief, John "Minorities Die First" Tanner, a staffer in that division who we've come to know contacted The BRAD BLOG to say "Tanner is lying through his teeth."

We asked the staffer --- who has requested to remain "anonymous" for obvious reasons --- to elucidate with details, which are now posted in full below...

The letter continues below...

Wow. Snap. Washington Post covered yesterday's House Judiciary subcommittee hearings in two separate articles today and via one hell of an online video to boot.

Dana Milbank covered on page 2, opening with "John Tanner is one sorry man." Dan Eggen covered the "political uproar" that we kicked off here at The BRAD BLOG several weeks ago, on page 4.

But it's Milbank's online "video sketch" that cuts to the bone, offering the best first-hand encapsulated coverage of the hearings we've seen to date (far better, even, than the PBS News Hour's version last night).

Consider the following montage a "Must See!" And one that almost makes one begin to feel sorry for John "Minorities Die First" Tanner...

...We said "almost." But not by much. A reply to Tanner's testimony yesterday --- from an insider still forced to work under him at the DoJ's Civil Rights Division Voting Section --- to come shortly.

In the meantime, if you've yet to see the full smack-downs that Tanner received yesterday at the hands of Reps. Artur Davis (D-AL) and then Keith Ellison (D-MN), the videos of both of those brutal Q&As are posted in full below, and are similarly "Must Sees!"...

We're up before the West Coast dawn this morning to monitor the hearings in the U.S. House Judiciary's Subcommittee on the Constitution, Civil Rights, and Civil Liberties featuring John "Minorities Die First" Tanner. His recent objectionable comments were originally video-taped and reported by The BRAD BLOG several weeks ago.

The most objectionable of those comments including his contention that it was a "shame" that elderly voters might be disenfranchised by a 2005 Georgia Photo ID poll restriction that he approved on behalf of DoJ and against the advice of four out of five of his career staffers, minorities would somehow benefit from it. His twisted reasoning was that "because our society is such that minorities don't become elderly. The way white people do. They die first."

Tanner, incredibly, is still the Chief of the Voting Section in the DoJ's Civil Rights Division.

It's being carried live and webcast on C-Span 3, as well as via the Judiciary Committee's own webcast.

Major points in our story so far...

• 10/8/07: BRAD BLOG video exclusive of objectionable comments made on 10/5/07 (thereafter picked up far and wide in the media).
• 10/9/07: Tanner's former colleagues say comments "false", "ludicrous", "cherry-picked".
• 10/12/07: Conyers pissed off about comments, and Tanner's earlier whitewashed "investigation" of Ohio 2004 election.
• 10/19/07: Obama writes Acting AG to demand Tanner be fired.
• 10/19/07: DoJ defends Tanner to AP. Says comments "grossly misconstrued".
• 10:24/07: Rep. Nadler says "obviously, he should be fired"
• 10:26/07: Kennedy writes Mukasey, asking if he'll review Tanner's record to consider firing if he's confirmed.
• 10/29/07: DNC calls for "immediate firing" of Tanner.
• 10/29/07: Tanner apologizes (sort of) for comments.

Beyond that, Progress Report has an excellent round up of Tanner's "Erosion of Voter Rights" during his tenure.

The hearings have now ended, but our notes from our Live-Blogging of today's hearings are below, along with video clips of the key, and most pointed exchanges...

In advance of tomorrow morning's House Judiciary Committee hearing to feature testimony by DoJ Civil Rights Division Voting Section chief John "Minorities Die First" Tanner, DNC Chair Howard Dean and Donna Brazile of the DNC Voting Rights Institute have issued a statement calling for Tanner to be "immediately fired."

"In their latest scheme, the Republican Administration has manipulated the mission of the Department of Justice, firing US Attorneys who were unwilling to pursue phony 'voter fraud' cases, and politicized the Civil Rights Division," the statement (posted in full at the end of this article) reads.

The release goes on to decry the politicization of the Bush Department of Justice, and what is described as their "outright assault" on the right to vote.

"Tanner's outrageous comments underscore the GOP's utter disregard for the integrity of our nation's election system and are an affront to the spirit of the Voting Rights Act," Dean and Brazile said, before declaring that the embattled Voting Rights Section chief "should be fired immediately and replaced with someone who will work to make sure that all citizens are able to vote and have their vote counted."

They call on Judge Michael Mukasey, if he is confirmed as the next Attorney General, to "commit to replacing Tanner with someone who will protect our rights, not ignore them for a partisan agenda."

As The BRAD BLOG recently reported, however, Mukasey made clear in his recent Senate Confirmation hearings that he does not object to restrictive polling place Photo ID laws which critics contend may disenfranchise anywhere from 10 to 30 million largely Democratic-leaning voters who do not have such ID.

Previously, Senator Barack Obama (D-IL) and Rep. Jerrold Nadler (D-NY) have called for Tanner's firing. Senator Ted Kennedy (D-MA) wrote Mukasey last week to ask if he will review the matter and consider the termination of Tanner.
Tanner's objectionable comments were made several weeks ago during a panel discussion on Photo ID issues at the National Latino Congreso in Los Angeles. Tanner, who approved a controversial Georgia Photo ID law on behalf of the DoJ against the advice of the majority of the career staffers in the Voting Rights section, admitted the law would disenfranchise some elderly voters and added that while that was a "shame," minorities would somehow be positively affected by such laws since "they don't become elderly. They die first."

(A short clip of Tanner's comments is posted at left.)

The Georgia ID law was later found unconstitutional and overturned by two federal courts that compared the restriction to a modern-day Jim Crow-era poll tax.

Paul Kiel at TPM Muck has a few more thoughts in advance of tomorrow's Judiciary Committee hearings.

Though Tanner comments were originally video-taped and reported by The BRAD BLOG, the DNC press release credits Fox News.com (thanks guys!).

UPDATE: Tanner apologizes for remarks! Sort of...

The complete DNC statement from Howard Dean and Donna Brazile as just issued, follows below...

A "Game of Chicken" is how Washington Post describes the current standoff in the Senate concerning the FEC nomination of GOP "voter fraud" zealot/operative Hans von Spakovsky. The nomination is currently at a standstill, along with three other FEC nominations that Senate Republicans insist be voted on along with him, in the wake of a hold registered by Obama and Feingold.

Senate Majority Leader Harry Reid's D-NV) incredible "deal" to slide HvS's nomination through has, for now, thankfully come to a standstill. But the resultant standoff could mean no operational FEC in 2008 as only two commissioners are currently left, and a minimum of four are needed to vote on anything.

WaPo's piece includes supportive quotes, in favor of von Spakovsky, from hard right partisan and former FEC Chair Brad Smith. Yet it fails to point out how much of a rightwing bomb-thrower Smith --- who charged in his own Redstate blog item last week that HvS is "currently under attack for being a Republican" --- actually is. Would WaPo have given such prominence to someone on the other side of the political spectrum?

You'll note, in Smith's piece, written prior to WaPo's, that he refers to Democratic "nutroots" as being responsible for the hold, along with "the campaign finance zealotry of Senator Feingold." Smith, apparently, forgot to mention that Feingold's co-sponsor on that bill was John McCain, who --- last we checked --- is a Republican.

In short, Smith argues in his Redstate diatribe, that though HvS may have participated in GOP-backed voter supression efforts when he served at the DoJ, nobody has complained about actions during his tenure over the last many months as an absentee appointee at the FEC. To which we say, yes, after the Fox has overseen the mutilation of the chickens in the Henhouse, by all means, let's elect him as chief meat inspector for the USDA.

Beyond that, and in teeing things up for this Tuesday's heaings in the House Judiciary Committee, set to star John "Minorities Die First" Tanner, the outrageously still-employed chief of the Bush DoJ Civil Rights Division Voting Section, Christy Hardin Smith suggests the GOP may be "throwing Tanner under the bus" in favor of von Spakovsky. She catches us up with the latest today in "Hans Down".

"These remarks display a shameful lack of understanding and sensitivity that is unacceptable in the person charged with enforcing the nation’s laws against voting discrimination," Sen. Ted Kennedy (D-MA) wrote in a question sent to Attorney General Nominee Michael Mukasey today concerning bizarre and objectionable comments made earlier this month by the DoJ's Civil Rights Division Voting Section chief, John Tanner.

Tanner, whose recent remarks at the National Latino Congresso in Los Angeles, as video-taped and first reported by The BRAD BLOG earlier this month, have sparked outrage, leading to calls for his firing last week by Senator Barack Obama (D-IL), this past Wednesday by Rep. Jerrold Nadler (D-NY). Civil Rights groups have also called for Tanner to be canned in the wake of his remarks claiming that Photo ID restrictions at the polling do effect the elderly, and that that's a "shame." But, minorities needn't worry because "they don't become elderly. They die first."

"The Voting Section of the Civil Rights Division has failed miserably in its responsibility to enforce the Voting Rights Act during this Administration," Kennedy said in a statement quoted by TPM Muckraker. "The latest shameful revelations from the Section drive home the urgent need for the next Attorney General to install strong leadership to allow the Voting Section to return to its historic role in ensuring access to the ballot."

Kennedy's question to Mukasey, which TPM Muck has in full, ends with "If you are confirmed, will you review Mr. Tanner’s record and consider whether he should be replaced as head of the Voting Section?"

But for those paying very close attention to Mukasey's confirmation hearings last week, his position on the controversial Photo ID issue --- a concern since some 10 to 30 million legally registered voters, largely Democratic-leaning minorities and elderly, are believed not to have such IDs and would therefore be kept from voting --- was troubling.

We had to review the testimony several times, as given in answer to questions by Sen. Ben Cardin (D-MD), to figure out where he fell on this issue. But a close reading reveals that, while Mukasey offered clear responses objecting to voter suppression issues such as misinformation concerning polling place location, he was far dodgier on the question of polling place Photo ID restrictions.

Close review of the transcript --- posted along with the video in full below --- reveals that Mukasey feels that overt disenfranchisement efforts via dirty tricks, such as misleading and/or threatening fliers and phone calls, definitely amounts to "flat-out fraud and pernicious fraud."

His feelings about disenfranchising Photo ID requirements, however, are far different...

Special to The BRAD BLOG by Bob Fitrakis and Harvey Wasserman of The Columbus Free Press

ED NOTE: The following feature was originally published in the Autumn '07 print version of the Columbus Free Press. The comprehensive aerial overview --- connecting dots from 2000 to 2004 to the outlook for 2008, as based on a wide body of years-long investigative reportage and exposés as collected from a variety of sources, including The BRAD BLOG and many others --- offers such a useful round-up of "our story until now" that we thought running the piece in its entirety here would be a very good idea. We hope you agree.

With record low approval ratings for the Bush/Cheney regime and the albatross of an unpopular war hanging from the GOP's neck, do you think that a Democratic presidential candidate will win the White House, get us out of Iraq, and end our long national nightmare?

Think again – the mighty election theft machine Karl Rove used to steal the US presidency in 2000 and 2004 may be under attack, but it is still in place for the upcoming 2008 election.

With his usual devious mastery, Rove has seized upon the national outrage sparked by his electoral larceny and used it as smokescreen while he makes the American electoral system even MORE unfair, and even EASIER to rig. Thus the administration has fired federal attorneys when they would not participate in a nationwide campaign to deny minorities and the poor their access to the polls. It has spent millions of taxpayer dollars to install electronic voting machines that can be "flipped" with a few keystrokes. And under the guise of "reforming" our busted electoral system, it is setting us up for another presidential theft in 2008.

Thus it should come as no surprise that our exclusive investigations into the firings of eight federal prosecutors who refused to execute Rove’s plans for massive disenfranchisement of Democratic voters reveal a pattern of illegalities and fraud aimed at reducing the number of minority, poor and young voters at the core of Democratic support. In the wake of major news breaks, two felony convictions have come from the rigging of the illegal Ohio 2004 vote count and recount that gave George W. Bush a second illegitimate term. Stunning new admissions from county election boards that illegally destroyed voter records will almost certainly lead to new convictions. And the multi-million-dollar electronic voting machine scam that made possible the biggest electoral frauds in US history is under massive new attack, with key states moving to scrap the machines altogether in a desperate attempt to restore American democracy – but with the job far from done.

Rove, Ney and the Undead

Indeed, the Rovian theft engine is far from dead. The media groundwork has already been laid out for the Republicans to claim that hordes of illegal aliens have registered to vote. The Bush administration has been caught ordering public agencies – possibly in violation of the law – to cease registering voters. In an April, 2006 speech to the Republican National Lawyers Association, Rove openly alluded to the strategy of demanding photo ID and purging voter roles of poor, minority voters just as had been done in 2000 and 2004. And, as always with Bush/Rove, there is much more beneath the surface.

All that has happened to challenge the GOP death grip on the American vote count has been reported in the pages of Hustler and on the internet at FreePress.org, The BRAD BLOG and elsewhere, and is being seized upon by a national grassroots movement determined to restore American democracy next year.

Nowhere has that movement been more in evidence than with the high profile firestorm surrounding Bush administration Attorney General Alberto Gonzales’ firing of eight federal prosecutors without legitimate cause.

Evidence continues to surface from throughout the United States about this blatant Bush abuse of executive power. But we have traced the roots of the firings to an obscure Congressional hearing held at the statehouse in Columbus, Ohio, on March 21, 2005, and to a shadowy GOP operative named Mark F. "Thor" Hearne.

The hearing was conducted by none other than former US Rep. Bob Ney (R-18th OH). The once-powerful Ohio Congressman (who is now behind bars) was the godfather of the Help America Vote Act (HAVA), the national boondoggle that mandated electronic voting machines for the American electoral process.

That the machines would cost taxpayers billions was a big plus for Ney. They would come from Diebold and other companies that poured money into Republican coffers. Thanks largely to the manipulations of disgraced lobbyist Jack Abramoff, these e-voting machine companies would help guarantee the GOP’s ability to steal elections.

Ney’s hearing featured a marquee appearance by J. Kenneth Blackwell, the Secretary of State responsible for delivering Ohio’s decisive 2004 electoral votes to Bush. Blackwell was a key operative for the Bush election campaign in Florida in 2000 and co-chaired the Bush-Cheney 2004 re-election campaign in Ohio...

AP is notorious for refusing to give appropriate credit to blogs that break stories. They've done so again in their coverage today of Barack Obama's letter calling for the firing of DoJ Voting Rights section chief John Tanner in the wake of our video coverage of his recent objectionable comments [emphasis ours]:

Setting aside the de rigueur BRAD BLOG slight, AP received a response to Obama's call for Tanner's head from DoJ spokesman Erik Ablin:

"Grossly misconstrued"? AP does not detail in what way Ablin believes the comments to have been "grossly misconstrued," but quotes him as saying the department "continues to have full confidence" in Tanner.

Former colleagues of Tanner's, however, don't seem to agree that the comments were misconstrued...