Ballots to remain uncounted in MI and Stein blocked in Philly. Guest: Election integrity, law expert Paul Lehto says this proves 'only option is to get it right on Election Night'. Also: Trump taps climate denier, fossil-fuel tool for EPA...
A spokesman for Barack Obama (D-IL) sent us a statement decrying John Tanner's announced resignation today from his post as Chief of the DoJ Civil Rights Division's voting section, charging that his move to another post within the Civil Rights division amounts to little more than "simply shuffling deck chairs."
"It's unacceptable that the Administration is simply shuffling deck chairs by moving Mr. Tanner to another important position in the Justice Department. During his tenure, he made offensive, intolerant comments about minorities in an attempt to defend voter identification laws that threaten voting rights, and that's why I called on him to be fired. It's time we restore confidence in the Department by appointing public servants who are truly committed to upholding our civil rights."
Rep. John Conyers (D-MI), chair of the U.S. House Judiciary Committee, joins Rep. Jerrold Nadler (D-NY) on the other hand, in applauding the removal of Tanner from his post, saying in a statement (posted in full below) that "John Tanner’s resignation as Voting Section Chief at the Department of Justice provides the department with an opportunity to renew its commitment to the real problems facing voters and elections."
"I am hopeful that Mr. Tanner’s replacement will mark a departure from efforts to limit the participation of elderly and minority voters, and actually serve to remove obstacles to participation in the political process," said the elderly, but not-dead, African-American Congressman and voter from Michigan.
The complete statement from Conyers and Nadler follows below in full...
The controversial head of the DoJ Civil Rights Division, Voting Section, John Tanner, finally resigned from his position as of 11am ET this morning...
Today, John Tanner resigned from his position effective immediately as chief of the Civil Rights Division's voting section. His resignation email, with the subject line "Moving On" was sent out at approximately 11 AM to voting section staff. He said that he will be moving on to the Office of Special Counsel for Immigration-Related Unfair Employment Practices.
"The resignation of John Tanner is long overdue," writes one happy voting section staffer to The BRAD BLOG this morning, saying that he and his colleagues are "overjoyed at the news."
"Since becoming Section Chief in 2005 and even before, Tanner demonstrated that he cared only about serving his Republican overlords' desire to suppress minority voting to help the Republican Party win elections and not about the enforcement of the Voting Rights Act. A great many long-time members of the Voting Section staff are overjoyed at the news of his departure," the staffer tells us, adding that a celebration is in the works.
"We are already planning a party for next week --- not a 'John Tanner goodbye party' but a 'goodbye John Tanner party.'"
At right is the most notable section of the now-infamous BRAD BLOG video, taped by our own Alan Breslauer at the National Latino Congreso in Los Angeles and which kicked off the most recent firestorm over Tanner's tenure. In it, as we reported exclusively at the time, Tanner explains his reasoning for over-ruling the majority opinion of career staffers in his own department in order to approve a controversial Photo ID polling place restriction in the state of Georgia. The measure was later found unconstitutional and declared to be a modern day Jim Crow-era poll tax by two federal courts.
Tanner says in the video, that though it's a "shame" that the elderly might be disenfranchised by such laws, "minorities don't become elderly the way white people do. They die first."
"Mr. Tanner had a clear record of undermining the core mission of the section – protecting the right to vote," Rep. Jerrod Nadler, chair of a House Judiciary subcommittee which oversees Tanner's department, said in a statement today in response to the resignation. "Tanner was actively seeking to curtail that cornerstone of American democracy. The right to vote is the foundation of all our liberties and it must be protected."
The chair of the U.S. House Judiciary Committee, John Conyers, was so incensed by Tanner's comments, as well as his previous efforts at white-washing a DoJ investigation of election fraud and voter suppression during the 2004 Presidential Election in Ohio, hearings were called in the House in late October, featuring an even more shameful performance by Tanner (video highlights/lowlights here), who would be described by the Washington Post afterwards as "one sorry man."
In response to Tanner's testimony at the hearings, The BRAD BLOG posted a letter from a voting section staffer, excoriating his sworn comments to the panel as "not credible", adding that Tanner had "lost no time in twisting the truth" in his testimony.
Tanner's long, often rambling resignation email sent out this morning (posted in full at the bottom of this article) skillfully attempts to re-write the history of his shameful tenure. In it, he conflates past performance of the department, beginning with his original arrival at DoJ 30 years ago, with the Civil Rights division's more recent and politicized history during which six years passed without a single lawsuit against African-American voter suppression have being filed.
Just one such case was filed under the DoJ's Voting Rights Act Section 5 oversight mandate, and it was a reverse-discrimination case in which white voters in Mississippi were said to have been discriminated against.
A special series on "Bush League Justice" by MSNBC's Dan Abrams premiered this week. In it's opening episode on Monday, Abrams focused on the DoJ's disastrous Civil Rights Division, and once again played a clip from Tanner's "minorities...die first" comments which we originally captured.
"Under Mr. Tanner's leadership, the Justice Department essentially took positions that disenfranchised minorities and the elderly," Nadler echoed once more in his comments today.
The final installment of "Bush League Justice" on MSNBC Live with Dan Abrams deals with the controversial prosecution of former Democratic Alabama Governor Don Siegelman. Evidence suggests that Siegelman, who remains in prison, was wrongly prosecuted by prominent Alabama Republicans with the help of Karl Rove.
For starters, two prominent Republicans, Senator Jeff Sessions and Judge William Pryor Jr., were also named by the chief witness against Siegelman but were never even investigated. Further, a Republican lawyer working for Siegelman's political opponent has sworn under oath that he overheard key Republicans on Governor Riley's team discussing the case. He quotes one operative as saying:
"Not to worry, that he had already gotten it worked out with Karl, and Karl had spoken to the Department of Justice."
After a brief introduction, Rep. Artur Davis (D-AL) and Harper's Scott Horton join Abrams for an in depth discussion about the case.
The third installment of "Bush League Justice" on MSNBC Live with Dan Abrams continued last night with an investigation into how the DoJ has targeted Democrats for investigation and prosecution. In fact, one study shows that Democrats have been investigated and prosecuted at nearly six times the rate of Republicans at the federal level. According to the study's author, the statistical possibility of this happening by chance is 1 in 10,000. Studies show that prosecutions on the state level are fairly even between Democrats and Republicans.
This is hardly surprising since the DoJ tracked which attorney's "Exhibited loyalty to the President and Attorney General" and which were members of the ultra-conservative Federalist Society.
Evaluating attorneys based on whether they were "loyal Bushies", according to former U.S. Attorney and current Senator, Sheldon Whitehouse (D-RI), is "disgraceful".
Also "troubling" to Abrams is the timing of investigations and prosecutions which often occurred right before elections, in violation of the DoJ's own procedures manual. When the Bushies were eventually caught doing so, they simply changed the manual.
Endlessly mundane and always uninformative, the moribund struggle for party nominations in what we so disrespectfully still call the "presidential campaign" inhabit a realm of such vacuous inanity one can palpably sense malignant tumors of ennui forming within.
While would-be Republican candidates spar for the GOP nomination by appealing to brain stem functions (that is, when they're not extolling us with tales of their heavenly devotion), Democrats carry themselves at only a marginally elevated level. This is not to say that there are not candidates --- on both sides --- who would like to raise the bar and address actual issues and policy, but those are shunned by our craven and cack-handed media mavens, who never seem to tire of their perceived role as king-maker in what has become --- for the world's "greatest democracy" --- an embarrassing spectacle of the most base and primitive dimensions. I suspect if media moguls could get Romney and Huckabee to square off in a cage fight, well, that would be next on the tour of the candidates. Who needs all this talk? Though the American public demand campaigns of substance, there appears too little of that on the political horizon, while furry idiots like Wolf Blitzer express puzzlement at the term "triangulating" as it pertains to Hillary Clinton.
What we constantly hear from the corporate media, though it is never stated quite so bluntly, is that those with the money become the kings. The American political campaign system is now a big-money bonanza for media corporations. These corporations prop up candidates with the most money knowing full well that that money will come straight back to them in the form of campaign advertising. The media are now simply advertisers for the biggest political spenders, which is perhaps the reason why the campaign cycle is now virtually continuous. It is a positive feedback loop, reinforcing in the minds of the public that the only viable candidates are the ones with the money, the polls reflect this, more money pours in for those "viable candidates," which in turn cycles right back to the media money machine.
Which is why I am constantly amazed that the so-called "progressive" blogs have chosen to endorse corporate-backed candidates like Hillary Clinton.
Though Dennis Kucinich espouses ideals resonant with most liberal voters, he is as marginalized by progressives as much as the mainstream media as "unelectable," though no one ever seems to understand or explain exactly what that means. Is it his ears?
By all appearances, blogs such as dKos, MyDD, etc, have now simply become another arm of the Democratic party and their backing of the major, big-money candidates simply because they are deemed "electable" entirely betrays the original purpose of their fora.
The State Department stepped in and literally "rescued" a 22-year-old woman being held captive by Halliburton in Iraq for 24-hours in a shipping container without food and water after she reported being gang raped in 2005, according to Representative Ted Poe (R-TX), who intervened after being contacted by the victim's father.
Yet none of the "six or seven perpetrators" has been brought to justice and it is not even clear if an investigation was ever conducted. Attorney Brian Wice surmises that the DoD, State Department, and DoJ have not pursued the case further because they "don't want this case to see the inside of a United States courtroom."
Reprentative Poe also believes that the federal government has the obligation to pursue the case and "hold [the perpetrators] accountable."
MSNBC's Dan Abram's coverage is at right. Visit the victim's Foundation for more information.
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.
Likely worth watching this week is Dan Abram's "Bush League Justice" series at 9pm ET Mon - Thur on MSNBC.
Blogging at MSNBC and Huff Po, Abrams says the series is in response to his "increasing frustration and outrage over how the Bush administration has politicized the usually apolitical Justice Department," which, he writes, has "significantly abused its authority to try to enhance power at the expense of any sense of objective justice" and has "decimated some of the most fundamental and cherished principles that define justice in this country."
He also goes on to focus on the breathtaking failures of the DoJ's Civil Rights division, which we've taken considerable notice of here at The BRAD BLOG --- including, but not limited to, most recently its Voting Section chief John "Minorities Die First" Tanner --- over the past several years...
Maybe most egregious is the now nearly unrecognizable Civil Rights Division of the Department of Justice. Since 1957, it has led the effort to enforce civil rights laws and the fight for minorities. Even Richard Nixon's effort to delay implementation of school desegregation was less radical than how this president has flipped the goals and mission of the Division and allowed it to become a tool of the radical right.
Instead of pursuing cases of discrimination against African Americans, the Division under President Bush has focused on supposed reverse discrimination against whites and religious discrimination cases against Christians. A Boston Globe report even showed that almost half of the new hires in that department who had "civil rights experience" had "experience" only in defending employers or --- fighting --- affirmative action.
Those in the Voting Rights Section of the Justice Department must really feel like they are in an upside down world. From 2001 to 2006, not one voting discrimination case was brought on behalf of African-American voters. Instead they have focused on alleged voter fraud cases that effectively target minority communities rather than protecting them.
Abrams goes on to point out several more troubling points about the Bush League DoJ, including a "University of Minnesota study conducted this year [which] shows that for every elected Republican investigated during this president's tenure, there were seven elected Democrats investigated."
A line in his final graf caught our eye as both the most inadvertently self-critical as well as the most incisive: "This series is long overdue."
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.
In brief, I became known to some as the "Diebold Whistleblower" when, in January of 2004, I stole and exposed legal documents [PDF] proving that Diebold Election Systems, Inc. was using and planned to continue using illegal, uncertified software in their California voting machines. (By the way, Diebold recently changed its name to Premier Election Solutions, but don't let that fool you; it's still the same bunch of idiots.) Details about my case can be found here and here [PDF].
The documents I stole were covered under attorney-client privilege, so my theft was a serious crime. In February of 2006 I was charged with three felonies. On November 20, 2006, I plead guilty to one felony count of unauthorized access to a computer, and in exchange for my guilty plea and a restitution payment of $10,000 to the law firm from which I stole the documents, the law firm promised they wouldn't bring a civil suit against me, and I was put on felony probation instead of being sent to jail. The term of probation was to be at least one year, and as much as three years.
Now, one year after my guilty plea, because I've stayed out of trouble and because I'm a first offender, the judge has reduced my felony to a misdemeanor. Sometime in 2008, my lawyers will petition the court to have my misdemeanor expunged.
The bad part is that the most troublesome aspect of my probation is still in force. Before I can accept a job at which I would use a computer networked to one or more other computers (basically any job for which I'd be qualified), any potential employer must write to the judge in my case, tell him that they know about my conviction and that they still want to hire me, and then we have to wait until the judge responds with a "yes" or a "no" before I can accept the job and start work (and then only if the judge says "yes"). So as you can see, employers will be falling all over themselves to hire me.
Meanwhile, my wife (an actor, filmmaker and writer) certainly hasn't lost her sense of humor. She had been calling me Felonious Punk, but now that I'm no longer a felon, she's switched to Mister Meanor. Ain't it great being married to a comedy writer?
To be clear, breaking attorney-client privilege is a very serious crime, and I accept responsibility for what I did. I'm still being punished for it, and so far the punishment has cost my wife and me over $210,000 - and counting. $210,000 is an enormous amount of money to us. My wife and I have paid and are continuing to pay a very high price for my crime.
But, as we're not Republicans, we might have expected that.
Which got me thinking about other crimes in America that have recently been committed or alleged, and what's happened to those involved. Among the first of many, Lewis "Scooter" Libby comes to mind...
Blogged by Brad from somewhere near the Kansas/Colorado border...
Not only is John Tanner confused about whose right to vote he's supposed to be protecting (everybody's, even elderly minorities') as head of the DoJ Civil Rights Division, Voting Section, he's also apparently under the impression that the U.S. Government is his personal sponsor for high-flying trips to vacation hotspots like Hawaii and elsewhere for himself and his deputy, Susana Lorenzo-Giguere.
Paul Kiel has a complete, detailed, and highly-recommended investigative report over at TPM Muck, as Tanner could even be facing felony charges, should several current DoJ Office of Professional Responsibility (OPR) investigations into his activities pan out. Kiel's report begins this way...
When John Tanner, chief of the Civil Rights Division's voting section, appeared before a Congressional panel last month, he was upbraided by Democrats for his "ineffectiveness." Little did they know that as the section, probably the most politicized in the Justice Department under the Bush Administration, has done less and less to protect African-American voters from discrimination, Tanner has been seeing the country on the taxpayers' dime.
He even managed to make taxpayer-funded trips to Hawaii in three consecutive years, two of them a week long. One Department lawyer who accompanied Tanner on his first trip took the earliest available flight back after having completed all necessary work in just two business days. But Tanner insisted on staying a full week, despite the lack of apparent Department business. It's a crime for government officials to use public funds for personal travel.
A review of Justice Department documents obtained by TPMmuckraker shows just how extensive Tanner's travel has been. From May of 2005 when Tanner became chief of the section through the end of 2006, he took 36 trips, traveling 97 days over those 19 months. By comparison, Tanner's predecessor Joe Rich took only two trips from 2003 through his retirement in April 2005, a total of six days of taxpayer funded travel over those 28 month
The BRAD BLOG helped kick off a firestorm surrounding the DoJ's voting rights chief Tanner last September when we video-taped and reported on his astounding statement that "minorities don't become elderly, the way white people do. They die first."
Former prosecutor Melanie Sloan, of ethics watchdog Citizens for Responsibility and Ethics in Washington (CREW), says, in response to the litany of latest allegations, that if new AG Michael Mukasey was "serious about cleaning up the Department, he'd just get rid of Tanner."
We'll see if he does. Please leave your guesses in comments about the exact date on which Tanner will either be fired or suddenly discover that he needs to spend more time with his family. We'll announce the name of whoever is closest when (and if) it actually happens.
He was paid $40,000, out of student tuition, to speak at the University of Florida, where a student was recently tasered after asking John Kerry uncomfortable questions. Nobody was tasered during Gonzales speech.
Video of the incident follows. NOTE: Though not seen in the following video, another protester, dressed in army fatigues and holding a sign which read "HABEUS CORPUS", also took the stage in front of Gonzales, as he again averted his gaze, before being similarly escorted away. Kudos to both of the two courageous patriots, as well as those who protested from the audience...
"I'd say what she has is far more explosive than the Pentagon Papers," Daniel Ellsberg told us in regard to former FBI translator turned whistleblower Sibel Edmonds.
"From what I understand, from what she has to tell, it has a major difference from the Pentagon Papers in that it deals directly with criminal activity and may involve impeachable offenses," Ellsberg explained. "And I don't necessarily mean the President or the Vice-President, though I wouldn't be surprised if the information reached up that high. But other members of the Executive Branch may be impeached as well. And she says similar about Congress."
The BRAD BLOG spoke recently with the legendary 1970's-era whistleblower in the wake of our recent exclusive, detailing Edmonds' announcement that she was prepared to risk prosecution to expose the entirety of the still-classified information that the Bush Administration has "gagged" her from revealing for the past five years under claims of the arcane "State Secrets Privilege."
Ellsberg, the former defense analyst and one-time State Department official, knows well the plight of whistleblowers. He himself was prepared to spend his life in prison for the exposure of some 7,000 pages of classified Department of Defense documents concerning Executive Branch manipulation of facts and outright lies leading the country into an extended war in Vietnam.
Ellsberg seemed hardly surprised that today's American mainstream broadcast media has so far failed to take Edmonds up on her offer, despite the blockbuster nature of her allegations.
As Edmonds has also noted, Ellsberg pointed to the New York Times, who "sat on the NSA spying story for over a year" when they "could have put it out before the 2004 election, which might have changed the outcome."
"There will be phone calls going out to the media saying 'don't even think of touching it, you will be prosecuted for violating national security,'" he told us.
"I have been receiving calls from the mainstream media all day," Edmonds recounted the day after we ran the story announcing that she was prepared to violate her gag-order to disclose all of the national security-related criminal allegations she has been kept from disclosing for the past five years.
"The media called from Japan and France and Belgium and Germany and Canada and from all over the world," she told The BRAD BLOG.
"But not from here?" we asked incredulously.
"I'm getting contact from all over the world, but not from here. Isn't that disgusting?" she shot back.
Howard Krongard, the inspector general (IG) for the Bush State Dept., has recused himself from a second major probe under his purview. The new recusal was announced yesterday and came at the "request" of House Oversight and Government Reform Committee Chairman Henry Waxman (D-CA).
This new development follows a dramatic moment during a hearing before Waxman's committee on Wednesday when Kronberg was forced to recuse himself from an investigation into Blackwater after it was revealed that, despite his earlier denials, his brother sits on an advisory board for the controversial paramilitary government security contractor. Making matters potentially worse for Krongard, his brother, Buzzy Krongard, issued a statement after the hearing contradicting Howard's testimony regarding the timing of when Howard learned that Buzzy had accepted a seat on the Blackwater board.
It is unclear at the moment whether Democrats on the committee will pursue perjury charges against the State Dept. IG.
Krongard's latest recusal stems from what appears to be obstruction of justice and witness tampering in a criminal probe by the Dept. of Justice into the way billions of dollars in contracts for the construction of the U.S. embassy complex in Baghdad were let by the State Dept.:
A report by the committee's majority staff referred to the Justice Department probe and also said that Krongard, against his staff's advice, met in August with someone implicated in "potential criminal activity" uncovered during a State Department audit of the embassy contract.
Then, the report said, Krongard met in September with someone else under investigation by the Justice Department. A source, speaking on the condition of anonymity, identified that person as [Mary French is the embassy project coordinator based in Baghdad]. When Krongard arrived in Baghdad, he was warned by his deputy that French had become a "subject of investigation" and that he should not meet with her, for fear of tainting the investigation. But, the report said, "Krongard went through with the meeting and spent several hours with this individual."
James L. Golden, an embassy project overseer who works on a contract basis for the State Dept. in Washington, and who is also said to be a subject of the DoJ probe, may be the other person of interest Krongard met with.
Sean McCormack, a State Dept. spokesman, said Krongard recused himself from the embassy contracts investigation at Chairman Waxman's request:
"That was at the request of Congressman Waxman's committee because they are doing their own inquiries into the new embassy compound," McCormack said. "Because of the reporting relationship between the IG and the Congress, of course, Howard honored that request."
Despite Krongard's removal from the two highest profile investigations by his office, McCormack says he still has the confidence of Sec. of State Condoleeza Rice.