As I've been on the road this week, Steve Heller (a.k.a. the "Diebold Document Whistleblower") was kind enough to step in for me during my regular Friday guest stint on the Peter B. Collins Show.

While it's perhaps a bit of a busman's vacation, I made the mistake of quickly checking out the podcast of yesterday's hour from my motel room after I got off the road last night, and though I've heard (and even told [PDF]) Heller's remarkable and heroic story a million times, I couldn't stop listening to the interview. Heller --- who, in addition to putting his life on the line for fair elections, is also now a colleague of mine, helping to head up our Velvet Revolution Election Strike Force --- is a helluva gifted and articulate spokesman on the issues of Election Integrity.

Feel free to listen up. You'll not regret the time well-spent. Download the MP3, or listen online below (about 40 mins, w/ commercials removed courtesy of PBC affiliate Green960)...

Guest Blogged by Arlen Parsa of TheDailyBackground.com

This is pretty funny:

Reported by Brad Friedman, from the road...

The whistleblower lawsuit against voting machine company Hart InterCivic, as filed in federal court on behalf of former employee William Singer, has been withdrawn following a decision by the Supreme Court that makes pursuing the case nearly impossible, according to the law firm who originally filed the complaint.

The suit had been sealed for nearly two years as the Dept. of Justice asked for extension after extension during their decision on whether or not to join the case. Earlier this year, they ultimately decided not to join the case, as we reported last March, leaving the firm of Levin Papantonio Thomas Mitchell Echsner & Proctor, P.A to proceed on their own. The DoJ declines to join some 76% of such cases.

In the interim, while waiting for the DoJ, the case of Rockwell Intl Corp. v. U.S. [PDF] came before the U.S. Supreme Court, and the findings in that decision, as attorney Mike Papantonio told The BRAD BLOG, has "made it next to impossible to proceed with any and all federal whistleblower (qui tam) cases."

The decision found that Rockwell was required to pay millions of dollars under the federal False Claims Act to the federal government, but that the relator of the case --- the insider who blew the whistle --- was not entitled to any of that money, nor even for the millions of dollars accrued in legal costs since the amended complaint, filed with the Justice Dept., included information about which the relator did not have direct inside knowledge.

The SCOTUS finding, as expressed for the majority by Justice Antonin Scalia, may well hamstring future whistleblower cases in federal courts, according to legal experts.

"I used to think qui tam was the way to go," Papantonio told me as his firm was weighing their decision on how to proceed after the case was finally unsealed, "but now I just don't know anymore."

Papantonio's Florida law firm has used the qui tam laws successfully in the past, and has taken on giants such as the Tobacco Industry. After he and his radio partner Robert F. Kennedy Jr. had learned about Singer's case from The BRAD BLOG --- we originally reported Singer's extraordinary saga back in early 2006 --- they decided to launch the federal fraud suit on his behalf later that year.

(I was interviewed about the withdrawal of the federal case by Mike Papantonio for this weekend's Ring of Fire radio program, which he co-hosts with Robert F. Kennedy, Jr.. A video version of the interview is also posted on their GoLeft.TV site. Both versions are now posted in full at the end of this article.)

Though the attorneys working on the case have gone out of their way to express their faith in both Singer and his remarkable complaint --- detailing more than 40 federal fraud allegations, and accusing Hart of doctoring voting machines, covering up system failures, including the loss and miscounting of votes, and other malfeasance, in order to attain contracts and payment under the Help America Vote Act (HAVA) of 2002 --- the chance that millions of dollars spent pursuing the case might be unrecoverable at the end of the process, even if successful, in light of the Rockwell decision, forced them to withdraw the complaint from federal court...

Guest Blogged by Alan Breslauer

Blogged by Brad from the road...

From yesterday's Daily Texan...

On Wednesday, coverage of his testimony by the Dayton-Beach News-Journal (who endorsed Curtis during his 2006 run against Tom Feeney, the Republican U.S. House Rep who Curtis alleges asked him to create vote-rigging software) included this:

For those who don't know Curtis, where have you been? You can read his remarkable story, first broken by The BRAD BLOG back in late 2004, summarized here. He is now hoping to run against Feeney again in Florida again this year, though he must first win his Primary against a Democratic Party-backed candidate. If you'd like to help him beat the millionaire chosen by the short-sighted Dem insiders, please stop by (and feel free to donate!!!) at www.ClintCurtis.com.

DISCLOSURE: We were invited, by the Republican who heads the committee, to testify at the hearing this week as well. Due to prior travel plans, unfortunately, we were unable to be there, but happy that Curtis, and several others who we recommended, were able to show up and speak truth to power.

(Hat-tip to John Gideon's "Daily Voting News" from yesterday.)

Guest blogged by Jon Ponder, Pensito Review.

Charlie Black, John McCain's senior adviser, made news earlier this week when Fortune Magazine editor David Whitford reported that Black told him "with startling candor" when asked how a terrorist attack inside the United States would affect the campaign, "Certainly it would be a big advantage to [McCain]."

Keith Olbermann has been reporting on this story all week on his MSNBC news hour, in part to make that point that if a Democrat had made a similar gaffe, the Beltway punditocracy would have been in high dudgeon, demanding the adviser's head on a pike and lambasting the candidate for associating himself with such scum.

Longtime political junkies know that Charlie Black was among a handful of angry young rightwingers who remade the Republican Party after the debacle of Richard Nixon's resignation. Along with Roger Stone, Terry Dolan, Lee Atwater, Karl Rove and George Bush Jr., he is one of the inventors of today's GOP attack machine, a style of media-driven slash and burn politics that can be traced to the establishment by Black, Stone and Dolan in 1975 of a political action committee that raised millions from conservatives using deceptive direct-mail advertising and spent the money on TV ads that slimed Democrats.

Black, one of the most successful lobbyists and political strategists of the Reagan and Bush eras, has backed his share of losers over the years, too. But even when he has bet on the wrong horse, he has always landed on his feet --- which may explain why John McCain needs Charlie Black this year much more than Black needs McCain.

Here are 10 things to know about Charlie Black:

Guest blogged by Jon Ponder, Pensito Review.

In an interview posted on the website of the London Telegraph, John Bolton, one of the most belligerent of the neocon war hawks, predicted that Israel will attack Iran sometime after the U.S. presidential elections on November 4 and before January 21, the day George Bush and Dick Cheney leave office.

Attacking Iran has long been a neocon objective. Last February, New Yorker reporter Seymour Hersh revealed that Dick Cheney had secret plans for creating an "open confrontation" with Iran, and that he had the Pentagon ready to start bombing with 24 hours of a signal from the White House. At the same time, the Times of London reported that top U.S. military brass had let it be known they would resign if Cheney launched the attack.

Public outcry generated by the Hersh article and other reports quickly dampened the fervor for attacking Tehran. Two months after the report, however, John McCain ramped up the bellicose rhetoric when, during a campaign stop in South Carolina in April 2007, he made a joke about bombing Iran by singing "Bomb, bomb, bomb, bomb, bomb Iran" to the tune of the Beach Boys song, "Barbara Ann."

John Bolton now believes Bush and Cheney have succumbed to political reality and will not pursue the attack using U.S. forces. According to the Telegraph, Bolton said, "It's clear that the administration has essentially given up that possibility... I don't think it's serious any more. If you had asked me a year ago I would have said I thought it was a real possibility. I just don't think it's in the cards."

About his suggested timeframe for the attack of November to January, Bolton said, "The Israelis have one eye on the calendar because of the pace at which the Iranians are proceeding both to develop their nuclear weapons capability and to do things like increase their defenses by buying new Russian anti-aircraft systems and further harden the nuclear installations.

Guest blogged by Jon Ponder, Pensito Review.
John Yoo and David Addington, the architects of Bush's illegal torture policies, testified before the House Judiciary Committee today. The hearing included this frothy exchange between Yoo and the committee chairman, John Conyers (D-Mich.):

Yoo was serving in the Justice Department's Office of Legal Counsel from 2001 to 2003, when he wrote the infamous memo and contributed to the PATRIOT ACT. He is now a professor of law at UC Berkeley.

Addington is the chief of staff to Dick Cheney.

Blogged by Brad from somewhere near Portland...

Here's a chuckler. From Marc Ambinder at The Atlantic...

And if you believe the GOP has any intention of scaling back any such thing in 2008, we've got a swell bridge, beautifully located near Manhattan, to sell ya.

But just to drive home the point that we're equal opportunity disbelievers, there's this old standby from the Obama camp, later in the article...

Posting has been light as I've been on the road over the last several days due to a family event up here in the Great Pacific Northwest. In the bargain, I'm trying to sneak in some much needed off-the-grid time between now and the July 4th holiday. No doubt, however, I'll be showing up here from time to time when I just can't help myself.

Our friend Jon Ponder of Pensito Review and others will continue jumping in as they have been over the last several days, and as their time allows.

But for now, a quick heads up: I'll be appearing live and in-studio from Portland tomorrow (Thursday) with the nationally syndicated and far-far Rightwinger Lars Larson. I've done his show several times, and a good rumble between him and me is usually in the offing. (He's appearing, as I type this, tonight on Campell Brown's CNN show, coincidentally, trying to smash up Obama on the desperate premise that he's "arrogant.")

Last time I was up in Portland, he and I went mano-a-mano live in-studio for two hours (the last hour of his local show, and the first hour of his nationally syndicated show), prompting David Edwards, who guest blogged my appearance for The BRAD BLOG that day, in late 2005, to write:

The contentious audio from that appearance is back here, if you're interested.

We'll see what tomorrow brings, but I hope you'll tune in, call in, or whatever ya can --- not that I don't love taking on Lars' usual wingnut callers!

I'll be on his local Oregon/Washington show tomorrow (Thursday) at 2:30pm PT (call-in#: 866-HEY-LARS) and the nationally syndicated show beginning at 3:00pm PT (866-509-LARS). You can listen live here, if his show is not broadcast in your local area.

And no matter what happens, I'm happy to go on the record right now to say that Larson scores big points for having folks like me --- who strongly disagree with just about everything he has to say --- on his show. Wish one could say the same for cowards like O'Reilly, Hannity, Rush, et al., but oh well.

So, Kudos to Lars in advance. We'll see how I feel about him tomorrow Either way, looking forward to it! You'll let me know how I did, as usual!

POST-SHOW UPDATE: Old Lars was obsessed with the SCOTUS decision today lifting the ban on handguns in D.C.. So that, despite my own personal interests in stuff that actually matters (versus grist for cynical political divisiveness) is what we talked about, for what seemed to be the bulk of the show. It was his house after all, and I appreciate his generosity in welcoming me to it. We did get a few other things in here and there however.

I was on for the full final hour of his local show, and the first half-hour of his national broadcast. With commercials and news removed (courtesy of LarsLarson.com) the audio archive is just 50 minutes. Download the MP3 or listen online below...

Guest blogged by Jon Ponder, Pensito Review.
Drilling off the coast of California, Florida and elsewhere would increase domestic oil production by 7 percent by 2030, according to the Energy Information Administration. But “because oil prices are determined on the international market…any impact on average wellhead prices is expected to be insignificant.” There is no short-term benefit to drilling, says the EIA, because it would take at least five years for oil production to begin. (Source: Center for American Progress.)

On the other hand, in a single step tomorrow --- closing the Enron Loophole --- Congress and George Bush could create an overnight drop in oil prices of between 25 and 50 percent. This is according to testimony before a Senate Committee two weeks ago by Michael Greenberger, the former director of Trading & Markets for the Commodities Future Trading Commission (CFTC), the government board that oversees commodities markets.

"Yes," Greenberger testified, "overnight [closing the Enron Loophole] will bring down the price of crude oil to get at least a 25 percent drop in the cost of oil and a corresponding drop in the cost of gasoline. Some people estimate 50 percent."

Greenberger's testimony was brought to light by an investigation into the Enron Loophole by Keith Olbermann on MSNBC's "Countdown" last week. (A transcript of Olbermann's report follows.)

The Enron Loophole is the nickname for a provision written into the Commodity Futures Modernization Act (CFMA) of 2000 that was drafted by lobbyists for Enron and inserted in the bill by then Sen. Phil Gramm (R-Texas) that deregulated an aspect of the market Enron sought to exploit with its "Enron On-Line" trading program, the first Internet-based commodities transaction system. Phil Gramm is now a key economic adviser for the John McCain campaign.

While it was a technical success, Enron On-Line was based on a flawed business model that drained corporate revenues --- even while the company was manipulating the rates consumers paid for electricity in California. Enron On-Line eventually drove the company into bankruptcy, and the cooking of the books to hide its losses led to charges of conspiracy and fraud against Enron executives.

The Republicans' sudden rollout of the campaign to lift the ban on offshore drilling is really meant to shift the blame from Bush and the GOP to the Democrats and their opposition to offshore drilling. To their credit, they have done a masterful job --- and all it has cost them is the credibility of Florida Gov. Charlie Crist, who broke tradition in the state and came out in favor of lifting the ban. (It has also cost whatever meager credibility Crist's predecessor, Jeb Bush, had left. Bush opposed lifting the ban when he was in office but came out wholeheartedly in favor of it this weekend.)

*

Here's the transcript of the video of the report on the June 18 edition of "Countdown":

We're fairly certain the following video, shown at the recent TX GOP convention (where they were selling racist Obama buttons, incidentally), isn't meant as a joke. It just plays that way, for those of us who happen to live on Planet Earth...

Between this and some of McCain's ads, and the lack of actual issues for Republicans to run on this year, perhaps the plan this year is to out macho the Democrats. It's all they've got, perhaps. Even if it comes across kinda gay. But maybe that's just us...

(Hat-tip Mark Crispin Miller)

Blogged by Brad from the road...

The testimony was interrupted by House floor votes shortly after it began, but not before opening statements from Chairman John Conyers (D-MI), ranking member Lamar Smith (R-TX), and Scott McClellan himself (text here), as well as a single round of questions from Reps. Jerrold Nadler (D-NY) and Howard Coble (R-NC).

Not surprisingly, the Dems were respectful to the former WH Press Secretary, and even Coble was restrained and decent-ish in his first set of questions on behalf of the Republicans, following Smith's predictable attempts to try and smear McClellan and his publisher (as little more than operatives of the evil evil master overlord of all things not-Republican: George Soros).

Smith's opening statement --- characterized as "character assassination" which "has no place in this committee," as Nadler described it --- likely portends what's to come from the bulk of the Republicans should the hearings ever get re-started this morning.

In the meantime, McClellan, to his credit, again has refused to back off of his claims even one iota. As legendary "Pentagon Papers" whistleblower Daniel Ellsberg wrote to us recently, following McClellan's recent Fox "News" appearance, in which he stood up to bully boy Bill O'Reilly, "he sounded to me as though he had ACQUIRED, even if belatedly, the instincts of a whistleblower (and he's paying the usual social price for that with respect to all his old colleagues, though compensated by royalties)."
With all of that in mind, Smith's opening statement (video now posted at left, text posted below), described the hearing as "the Judiciary Committees first book of the month club meeting" before proceeding to plug Ann Coulter's book. He then accused McClellan of "selling out the president and his friends for a few pieces of silver." It was something to behold, and demonstrated (yet again) just how far these guys are willing to go to protect the Administration (versus offering oversight, as required by the Constitution) when they need to.

Remember, this hearing has to do with an administration, for the first time in the history of this nation, having revealed the identity of a covert CIA operative...and one who was monitoring WMD traffic in the Middle East, of all things.

The text of Smith's complete opening statement follows in full...

Guest blogged by Jon Ponder, Pensito Review

Updating a story The BRAD BLOG reported on Monday, the Texas Republican Party has now moved to distance itself from a vendor who sold buttons at the party's state convention that bore a racist message about Barack Obama: "If Obama is president ... will we still call it The White House?"

According to The Conservative Voice, the Texas GOP says it will donate $1,500 in rent paid by the button's vendor, Republicanmarket.com, to victims of the flooding in the Midwest.

Said Texas GOP spokesman Hans Klingle, "This vendor need not apply to another Texas GOP state convention. We will neither tolerate nor profit from bigotry."

How "conservative" is the Texas GOP? The Conservative Voice notes that in "1998, the Log Cabin Republicans, the nation's largest organization of gay Republicans, was denied a booth at the GOP state convention in Fort Worth and likened to the Ku Klux Klan by a Texas Republican Party spokesman. 'We don't allow pedophiles, transvestites or cross-dressers, either,' then-GOP spokesman Robert Black said at the time."

The fact that the Texas GOP has shifted to the left on an issue like this backs up assertions by Arianna Huffington and others that liberal positions are increasingly becoming mainstream.