Archive for the 'Legal' Category

Evidence Suggests U.S. Attorney Firings May Have Been Part of White House Scheme to Help Game 2008 Election

Posted in '06 Election, '08 Election, Brad Blog, General, Legal on March 31st, 2007
Karl Rove Associate and GOP Operative Tim Griffin’s Appointment in Arkansas — and Others Like it — Are Worth Noting as the Scandal Continues to Unravel…

Details continue to drip out from the U.S. Attorney Purge scandal which seem to suggest that electoral politics — and perhaps the 2008 election in particular — may well have been at the heart of the White House/Dept. of Justice scheme to strategically place partisan operatives where they might be most useful prior to the next Presidential Election.

One such detail revealed itself on Tuesday March 20th when Senator Mark Pryor (D-AR) appeared on MSNBC’s Hardball to discuss the recent purge of several US Attorneys by the Bush Administration. Host Chris Matthews opened the segment by asking Pryor how much he knew about the White House’s decision to replace the US Attorney in his state, Bud Cummins, with one of Karl Rove’s associates, a partisan operative named Tim Griffin.

Pryor criticized the Attorney General for firing Cummins and replacing him with Griffin, who had very little professional experience in Arkansas and had only recently moved there when Cummins was fired in December of 2006. Cummins, on the other hand, whom George W. Bush himself had appointed in 2001, had been well respected, competent, and non-partisan (despite personally being a Republican).

But the real bombshell came near the end of the interview….

Cummins told Matthews before going on the air that he had heard a “conspiracy theory” about why the Administration had chosen to replace Cummins with Griffin, and Matthews asked him about it a short time later when they were live. “Well,” Pryor said, slightly uncomfortable. “There’s kind of a conspiracy theory about that.”

“Some people have pointed to that, said isn’t that strange, here [the Administration is] putting in a maybe highly-political US Attorney in Hillary Clinton’s backyard… Isn’t that odd right before the Presidential race?” Pryor explained.

The implication was that if Republicans had a partisan prosecutor in Arkansas where the Clintons lived while Bill had served as governor during the 1980s, he would be able to drudge up old political dirt on the couple in time for the 2008 elections.

Pryor was quick to add that he didn’t personally subscribe to the theory, but that it was just speculation he had been hearing among political insiders.

But Griffin’s nomination wasn’t the only one with political and electoral undertones that might not bode well for Democrats in 2008. In fact, a report from the McClatchy Newspaper syndicate last Friday indicated that the Bush Administration has replaced US Attorneys in several key states, just in time for the 2008 Presidential election.

In April 2006, Karl Rove gave a keynote address to the National Lawyers Association, a partisan legal group. “He ticked off 11 states that he said could be pivotal in 2008,” McClatchy recalled in their report.

“Bush has appointed new U.S. attorneys in nine of them since 2005.”

Incidentally, during the same speech, Rove also acknowledged his friend, Thor Hearne, who had been both General Counsel to the Bush-Cheney 2004 election campaign and also Executive Director of the GOP front group “American Center for Voting Rights” or ACVR, which has engaged in voter suppression efforts via phony propagandistic reports on America’s non-existent “voter fraud” epidemic since 2004. (BRAD BLOG’s extensive coverage of ACVR can be found here. The group’s website has suddenly disappeared since the U.S. Attorney Purge scandal has come to light.)

“I ran into Thor Hearne as I was coming in,” Rove told the audience. “He was leaving; he was smart, and he was leaving to go out and enjoy the day.”

“I want to thank you for your work on clean elections,” he continued. “I know a lot of you spent time in the 2004 election, the 2002 election, the 2000 election in your communities or in strange counties in Florida, helping make it certain that we had the fair and legitimate outcome of the election,” Rove told the Republican attorneys.

He also compared elections in “some parts of the country” to those that take place in third-world dictatorships where the “guys in charge are, you know, colonels in mirrored sunglasses.” Whether he was aware of the irony of his comments is still unknown.

In any event, three of the US Attorneys Bush has nominated since the 2004 election were, remarkably enough, from the Justice Department’s Civil Rights Division, which has been criticized for implementing policies which unfairly disadvantage poor, often minority voters whose political tendencies historically favor Democrats.

And Griffin himself had allegedly been involved with voter suppression. Griffin, as investigative journalist Greg Palast discovered in 2004, was one of the RNC operatives that had thought up a complicated scheme to disenfranchise Americans who did not respond to letters sent to their home addresses. Victims of the scheme whose votes were thrown away, Palast reported, included homeless people, and black soldiers serving overseas who obviously could not respond to mail, marked with “do not forward” instructions, delivered to their home addresses.

The scheme Griffin played a role in also reportedly targeted predominately African American areas in swing states such as Florida.

Griffin recently dismissed Palast’s reporting in a radio interview. “I’m intimately familiar with [Palast’s] allegations. That is a web article on the Internet. It’s patently false,” he pointed out, as if a “web article,” and “on the Internet” no less, might marginalize the facts of the report. Yet Griffin may not have been so intimately familiar with the allegations from that “web article on the Internet” after all: They were aired during a report by Palast, as filed on the television program “Newsnight” for the BBC. (A video of the original report can be found on YouTube).

When Justice Department and White House officials first tried to explain the US Attorney firings, they claimed that several of the prosecutors who had been forced to resign had refused to follow up on allegations of “voter fraud.” Some immediately recognized that “voter fraud” allegations have been the weapon of choice, of late, by Republicans attempting to make it more difficult for certain groups of Americans — particularly those in minority areas whose voters do not typically lean GOP — to vote, by pushing new regulations and disenfranchising Photo ID legislation as a “protective measure.”

The DoJ claims that the firings were “voter fraud” related raised some skepticism at BRAD BLOG and elsewhere, and even led to the New York Times editorial page to sharply criticize the supposed rationale for the firings. It is perhaps ironic that the public explanation the Administration has given for firing the prosecutors — specifically related to elections — may ultimately draw more attention to what some suspect is a deeper scheme to set up a system of disenfranchisement just in time for the 2008 elections.

At least one Arkansas newspaper has called for Griffin’s resignation since the US Attorney scandal began, and he has said that he would only stay until the Administration found a suitable replacement. The White House has privately worried that Griffin would not be able to pass muster in Senate confirmation hearings, which he would be required to undergo if he wanted to keep his current job. The loophole in the PATRIOT Act which allowed Griffin and others to bypass the normal confirmation process was recently closed by the Senate in a vote of 94-2. The House is expected to pick up the matter soon.


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Posted on The Brad Blog by Arlen Parsa

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Former US Atty says goal of Bush’s DOJ was to fix elections.

Posted in '04 Election, '06 Election, Disenfranchisement, General, Legal, Voter Fraud on March 30th, 2007

THE SCANDAL unfolding around the firing of eight U.S. attorneys compels the conclusion that the Bush administration has rewarded loyalty over all else. A destructive pattern of partisan political actions at the Justice Department started long before this incident, however, as those of us who worked in its civil rights division can attest.

I spent more than 35 years in the department enforcing federal civil rights laws — particularly voting rights. Before leaving in 2005, I worked for attorneys general with dramatically different political philosophies — from John Mitchell to Ed Meese to Janet Reno. Regardless of the administration, the political appointees had respect for the experience and judgment of longtime civil servants.

Under the Bush administration, however, all that changed. Over the last six years, this Justice Department has ignored the advice of its staff and skewed aspects of law enforcement in ways that clearly were intended to influence the outcome of elections.

It has notably shirked its legal responsibility to protect voting rights. From 2001 to 2006, no voting discrimination cases were brought on behalf of African American or Native American voters. U.S. attorneys were told instead to give priority to voter fraud cases, which, when coupled with the strong support for voter ID laws, indicated an intent to depress voter turnout in minority and poor communities.

http://www.latimes.com/news/opinion/la-oe-rich29mar29,0…

It was all about fixing the elections. Maybe that is what Karl was talking about when he said he had “the” math. Rigging the elections. I’m starting to think this could be more like Watergate than we originally thought.

posted by Hamlette on Democratic Underground

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Dennis Kucinich Announces HR6200 – A Bill To Require Paper Ballots Hand Counted for Presidential Elections!

Posted in '08 Election, Dennis Kucinich, General, Legal, TAKE ACTION!, Video on November 11th, 2006

This is what we need for verifiable, secure elections!

 

http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.6200 :

H.R.6200

Title: To amend the Help America Vote Act of 2002 to require States to conduct Presidential elections using paper ballots and to count those ballots by hand, and for other purposes.

Sponsor: Rep Kucinich, Dennis J. (introduced 9/27/2006) Cosponsors (19)

Latest Major Action: 9/27/2006 Referred to House committee. Status: Referred to the Committee on House Administration, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Paper Ballot Act of 2006 (Introduced in House)

H. R. 6200

A BILL

To amend the Help America Vote Act of 2002 to require States to conduct Presidential elections using paper ballots and to count those ballots by hand, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Paper Ballot Act of 2006′.

SEC. 2. REQUIRING USE OF HAND-COUNTED PAPER BALLOTS IN PRESIDENTIAL ELECTIONS.

Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph:

`(7) SPECIAL RULES FOR PRESIDENTIAL ELECTIONS- Notwithstanding any other provision of this subsection, in the case of a regularly scheduled general election for the electors of President and Vice President (beginning with the election in November 2008), the following rules shall apply:

`(A) The State shall conduct the election using only paper ballots.

`(B) The State shall ensure that the number of ballots cast at a precinct or equivalent location which are placed inside a single box or similar container does not exceed 500.

`(C) The ballots cast at a precinct or equivalent location shall be counted by hand by election officials at the precinct, and a representative of each political party with a candidate on the ballot, as well as any interested member of the public, may observe the officials as they count the ballots. The previous sentence shall not apply with respect to provisional ballots cast under section 302(a).’.

 

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Urgent! Pass The Emergency Paper Ballot Mandate of 2006

Posted in '06 Election, Brad Blog, General, Legal, TAKE ACTION! on September 26th, 2006

Tell Congress to Pass the

Emergency Paper Ballot Mandate of 2006

Here’s the Bill Calling for Emergency Paper Ballots at Every Polling Place in America this November!

THE LET AMERICA VOTE ACT – Legislative Language

Yesterday I called on Congress to pass an emergency measure to require Emergency Paper Ballots be made available at the polls during this November’s general election. I spelled out several reasons for this last-ditch, “Hail Mary” attempt to try and mitigate just some of the myriad problems and disenfranchisment that will occur at polling places this year thanks to new, poorly designed, malfunctioning, unsecure electronic voting machines now deployed across the nation.

Never mind the electronic voting machine fraud that is likely to occur. Never mind the proven inaccuracies of these god-awful machines. Never mind the ease at which they are now proven to be hackable. My concern right now — this late in the game — is simply to assure that voters who show up at the polls and are legally registered to vote, may actually be able to cast a vote at all!

In primary after primary this year, voters have been told to “come back later” or, at best, given a provisional ballot (which may or may not ever be counted) when voting machines either failed to work or, frequently, weren’t even present by the time voters showed up to vote. That is voter disenfranchisement, pure and simple, and it affects voters of any and all political stripes.

Common sense (one would think) would dictate that State and County Election Directors would mandate Emergency Paper Ballots for voters to use in the event of machine unavailability. Though the Secretaries of State in several states so far this year (Texas, Arkansas, etc.) have issued emergency orders for such Emergency Paper Ballots, remarkably, many states and counties didn’t bother and thousands of legally registered voting citizens were sent home in the bargain.

The legislation required by Congress to mandate Emergency Paper Ballots (I call it the “LET AMERICA VOTE ACT”) is incredibly simple. In yesterday’s article, I included a three-sentence piece of legislation. Below, is a more fully-formed draft legislation based on those three sentences as sent to me orginally by Bob Wilson of the Illinois Ballot Integrity Project.

Along with additional tweaks by myself and a few others, my complete suggested legislation can be read — in it’s entirety — in about 30 seconds. It’s posted in full below.

If Congress cares (and if you help them to do so!), I’m quite certain that this measure can be passed by both houses of Congress and signed by George W. Bush with Terri Schiavo-like speed.

I’d think our democracy is worth at least as much. And I know it’s certainly worth trying for!

Some have responded to my call for this LAVA legislation (“Let democracy flow!”) by pointing out that the method of counting and/or auditing these Emergency Paper Ballots must be included in the legislation. My answer to them is that I agree with their point! However, at this late in the game (with only some 5 or 6 legislative days left before Congress recesses prior to the election) I don’t want to give any Congress member any reason to oppose this act!

In other words, with the time we have left, if all we can do is assure that at least there will be a piece of paper on which a registered voter may cast a vote this November — if they bother to show up — then we will be doing a service to democracy. It’s an incredible fact, but even something as simple has that has not been the case in many places this year. Last week’s Maryland primary, were thousands were forced to go without voting at all when the machines failed to work, was a prime example!

Some have said there is no time to get this bill passed. I don’t care. Let’s get it passed anyway. If it fails, at least we will have a “paper trail” to point back to on November 8th when everyone else is wondering what went wrong and if anybody had tried to do anything about it while there was still time. Those of us who give a damn will have done everything we could.

I continue to speak to folks in Congress about sponsorship of this bill, and I urge all American citizens to contact their Congress Members — as well as their state and local officials — to demand that non-provisional Emergency Paper Ballots be made available at the polls this year!

You can contact your Congress person here (and you can contact local media here.)

(The URL for this article is: http://www.bradblog.com/?p=3502. Feel free to point them to it!)

Let’s get to work! This effort is about all we have left legislatively at this point! Please spread the word everywhere. My complete suggested language for the LET AMERICA VOTE ACT is posted below…

LET AMERICA VOTE ACT

(EMERGENCY PAPER BALLOT MANDATE OF 2006)

WHEREAS significant failures of electronic voting machines have occurred in various jurisdictions during primary elections held in Illinois, Texas, Georgia, Maryland and other states during 2006, and

WHEREAS such failures have forced legitimate, registered voters to have been turned away from the polls by the thousands so far in 2006 primary elections simply because neither voting machines nor paper ballots were available for use when the voters arrived at their polling place, and

WHEREAS the probability exists that such failures will continue and the adverse results of such failures will be multiplied and increased in magnitude by the additional number of voters participating in the November 7, 2006 General Election, and

WHEREAS the potential exists for massive disenfranchisement of American voters in the November 7, 2006 General Election, by such failures of electronic voting machines,

NOW THEREFORE be it enacted that:

A. For the November 7, 2006, General Election, each election jurisdiction shall be required to prepare and print Emergency Paper Ballots of the proper ballot style for all races and propositions which shall be contested in that jurisdiction.

B. Such Emergency Paper Ballots shall be printed in sufficient quantity to guarantee that every voter who may require one, either as requested or as a result of voting machine unavailability, shall be able to receive such an Emergency Paper Ballot.

C. As with all provisional ballots, such Emergency Paper Ballots shall be printed in all languages specified for ballots in that jurisdiction.

D. Any voter eligible to vote in the jurisdiction in which he or she requests an Emergency Paper Ballot shall be entitled to receive and cast such Emergency Paper Ballot, regardless of the type of ballot that shall have been specifiied in that jurisdiction through operation of law, without further qualification, request, proof or furnishing of reason for such request.

E. Such Emergency Paper Ballots shall be official ballots for purposes of casting, tabulating, audits, redundant counts and recounts, and shall not be considered provisional ballots.

F. Emergency Paper Ballots shall be cast and tabulated in the same manner as all other ballots cast on November 7, 2006.

G. The associated costs to states for this mandate will be reimbursed out of Help America Vote Act funding.

H. This Act shall terminate and cease to have effect on February 28, 2007.


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Tell Congress to Pass the

Emergency Paper Ballot Mandate of 2006

From the Brad Blog 

 

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Democracy In Crisis – An Exclusive BRAD BLOG Interview with Mike Papantonio

Posted in '06 Election, Brad Blog, General, Legal, Mike Papantonio, RFK Jr., TAKE ACTION! on August 2nd, 2006

The Electronic Voting Machine Company Qui Tam Cases Explained… ‘Citizen media is replacing mainstream media…and a lot more successfully than anybody dreamed.’

An Exclusive Interview for The BRAD BLOG as Guest Blogged by Joy and Tom Williams…

Mike Papantonio and Bobby Kennedy co-host Ring of Fire on Air America. The two attorneys have filed qui tam lawsuits against the Electronic Voting Machine (EVM) companies for defrauding the government. We previously posted an exclusive interview with Robert F. Kennedy, Jr. about this case.

Papantonio is a Florida attorney who has already gone after a number of big corporations for the American people. He is named partner and head of the Mass Tort Department at his firm. He has handled many famous cases throughout the nation, including asbestos, breast implants, Dalkon Shield, Fen-Phen, hemophiliac-AIDS, L-Tryptophan, railroad disasters and the Florida Tobacco litigation. He is listed in Best Lawyers in America and Leading American Attorney. He is also the author of In Search of Atticus Finch, A Motivational Book for Lawyers; Clarence Darrow, The Journeyman; Resurrecting AESOP, Fables Lawyers Should Remember and a co-author of Closing Arguments — The Last Battle. In addition to all this, he is a popular lecturer in the legal field.

We would like to say something about what a dynamic and articulate man he is, and how much we think he’s doing for our country, but, really, res ipsa loquitur, the thing speaks for itself, and this is no accident. Mike Papantonio is a hard-working, extremely generous, friendly and personable — and dedicated — man. One would be hard-pressed to find a better duo for the difficult job ahead. The Kennedy/Papantonio alliance is a particularly brilliant one. Mike took the time to talk to us about aspects of the qui tam cases they have set in motion already…

BRAD BLOG: Can you tell us about these qui tam cases?

MIKE PAPANTONIO: What we’re doing with these qui tam cases is really not much different than the approach we used in the national tobacco litigation. We’ve put together that same kind of team, not the same people, but the same kind of people who are used to working with complex litigation. Because of that, there’s a benefit to the U.S. attorney saying, “Well, you know, we don’t know if we really want to do this.” And once they say that, those are the golden words that will allow us to go in and handle the case ourselves. Exactly like we’ve done with tobacco, asbestos, virtually every major pharmaceutical case in the country, it’s always originated with the same kind of lawyers. And those are the kind of lawyers that do fairly complex stuff.

BB: I want to thank you for doing those cases, by the way, Mike.

MP: Thank you for saying that, sometimes it just takes a while to register, to where you say, well you know, I didn’t want to have to do this, but apparently we have to. That’s how I feel about this right now.

BB: How do you feel about the idea that you might be saving our Democracy?

MP: Morris Dees is a civil rights lawyer and a very good friend of mine. As a matter of fact he started the Southern Poverty Law Center in Montgomery. If you talk to someone like Morris, and you ask him, what is it that brought some closure, some beginning for closure to the civil rights movement, he’d say it was really no one event; it was kind of a collection of displaced separate events. That’s always stuck with me, because with anything that’s worth doing, it’s rare that you will accomplish it with one event that you are able to manage, or one success that you are able to gain. It rarely works like that. I think there are some similarities here, just like I thought the same thing with tobacco. When we first started talking about tobacco, everybody thought we were pretty much nuts, because we were taking on some of the biggest corporations in the world. But it wasn’t just our effort, it had been the effort of people who’d gone before us, and all we did was take what they’d already done for us and make it a little bit better — a small reinvention of the wheel, in a way that just helped the wheel roll a little better. It’s the same thing here.

I think of Lowell Finley. Lowell Finley is a great lawyer who’s handled these voter cases a long time, but he’s had to handle them by himself. First of all there’s the economics of it, and if all you are doing is going to court and arguing with some Judge, about the fact that he ought to enjoin the further use of the company, the product, or that he ought to put limitations on how the product’s used, that doesn’t really get you where you need to go, and it costs you instead of the company. The only thing that corporate America understands is when they have to say to their stockholders, or to their partners in their businesses, “Hey, we have to write a big check now and it could put us out of business.” That’s all they respond to. Having done complex litigation for 25 years, I’ve never seen any other formula. You know, in a perfect world we could throw them in jail.

In Japan, for example, if you are following this latest story — I think it has to do with an auto case where they didn’t tell the consumers the truth — the consumer doesn’t really get to sue them the same way they do in the States, but the good news is that they throw them in jail. So that’s where I wish we were. I would gladly give up the multi-million-dollar recoveries from all the pharmaceutical cases, from everything we’ve done, for the last 25 years. If I knew we had a law that said, “Well, you guys can’t really sue them for money but we can have these creeps thrown in jail,” I’d gladly give up every dime. But, unfortunately, in the US, the only avenue we have to punish these companies is to take their money away. And so that’s the method of operation that we’ve used in pharmaceutical cases, in asbestos cases, and tobacco cases, and roll-over cases — all of those consumer cases are only driven by the fact that greed is such a driving force with corporate America that they only react when you take some of their ill-gotten money away from them.

BB: So it’s not only the machine fraud. The Republican Party has been involved with all kinds of methods to disenfranchise voters, from intimidation, to destruction of Democratic voter registrations, and all kinds of other things that result in people not having their votes counted, or not being able to vote. Is there any possibility of a class action lawsuit down the line for the American people because they had their election stolen?

MP: I don’t really see that. I understand class action suits very, very well, and I don’t really see that as a possibility. It’s not likely that you’re going to have a case where you say the same offense that prevented person A from voting also prevented person B and person C, where you can show those three events are exactly the same. And unfortunately in a class action suit there are certain hoops that you have to jump through, like similarity in action, numerosity, all of these things that you really have to be specific about to get to the class action threshold. There may be some small cases, for example, where the Indians are disenfranchised, in a particular area — yes, that has a ring to it. Or where the Hispanics in a certain state are disenfranchised — that has some appeal to it. I don’t think that we are ready to get there yet with these. The trick to any particular litigation is to lay out the best strategy you can with what you have.

When I look at this, the best strategy that I’m able to come up with, and Bobby’s able to come up with, is a strategy that forces us into a room with the people who are making these decisions — so I’m able to sit across the table from those people and ask them some tough questions. That: a.) forces them into committing perjury; and b.) exposes them as being the criminals that they are. I think that the best way to get there, is to do it by way of qui tam lawsuits and I may be wrong, but sometimes you have to stick with your strategy and that’s where we’re headed with it.

BB: Bobby was talking about how widespread this machine tampering is getting. It suggested to me that since these machines don’t tamper themselves, and since the Republicans don’t do things ad hoc, there may be a room filled with high level people who are sitting around analyzing data, plotting strategies, coming up with numbers and giving instructions, and if you could find out who those are wouldn’t you have a massive conspiracy case?

MP: Yes, you would. Tom, I keep hearing of people afraid to say that there’s any design, that everything that happened in Ohio must have just happened to be coincidental, disjointed events. I’m not afraid to say I think there is something that has more of a design to it.

For example, there is no question Feeney, down in Florida, met with people who were trying to put together a system to game voting. Here you have a Republican Congressman, this guy who represents Floridians, who represents Americans, and he’s sitting down trying to figure out how he can defraud Americans of their right to vote. Now, you’ve got to find that here too. Does it all fit together? It might.

[Ed Note: We have been reporting on Florida vote-rigging whistleblower Clint Curtis for the past year and a half. He is the programmer who has alleged Republican Congressman Tom Feeney asked him to create a software prototype to flip votes on electronic voting machines. A summary of our coverage is posted here. Curtis is now running for Congress in Florida’s 24th district in hopes of unseating Feeney this fall. The Clint Curtis for Congress website is here.]

I think for something as critical as this is, you have to have a very methodical approach, just the same kind of an approach I would use if I were going to sue Merck for a defective product for 10,000 people. But that’s not new stuff. If you were to follow me around in a given month, you would see that I use the same methodology almost all the time, because it’s proven methodology, and that’s the way this has to be approached. It’s easy to get your attention pulled in so many directions that you forget that you still have a methodology that you need to follow. So all of these things are issues. You say to yourself, “My God, I know this is happening,” but you have to be patient. You have to say to yourself, “I gotta get there.”

BB: That’s not to say in following your planned strategy you might not turn up a lot of things in the woodwork during the process.

MP: Yes, I think you will. I think we’ll turn up exactly what you’re talking about in the process. And then at some point, that’s something that will become useable. Right now with the way that politics are situated in Washington, if you were to turn up the fact that Dick Cheney, for an example – just for an example – if Dick Cheney and Karl Rove had sat down and said, here is the master strategy that’s even better than Lee Atwater’s Southern Strategy, and here’s how we are going to create this Republican machine that’s never going to go away — if they were to have said that, and I actually had documents to show that they said it, that ordinarily would work…. But with the present environment, with the media that we are confronted with, and with the Justice Department, (not so much the Justice Department, but the people who are running the Justice Department, because we have very good U.S. Attorneys who are career people and they don’t like this anymore than we do) — unfortunately, until we take back Congress and then take back the White House, we could have all the smoking guns you want, but the infrastructure to do anything with it is not there.

Every time I talk about this Democrats get mad, but it’s just absolutely the truth: Had Bill Clinton gone after and really sustained his investigation into the Iran-Contra affair for the full two years that he was there with a Democratic Congress, had he aggressively gone after the people he needed to, we wouldn’t have had Wolfowitz, we wouldn’t have had Rumsfeld, we wouldn’t have had Richard Perle, we wouldn’t have most of the Neocons that are running things right now. They would be in jail. But he didn’t do it. So the question is, if we can get Congress back one more time, and we can gain control of the infrastructure that puts thugs in jail, then we can have some change, but it has to begin in November, it has to happen.

This is it — 2006 is the test.

But until we have either the House or the Senate, we don’t even have a bully pulpit. We have a press that is a completely dismal failure. And there’s a clear reason why they’re a dismal failure. Want to hear it?

BB: Of course!

MP: In the next 900 days, they have the last opportunity to enhance the 1996 Telecommunications Act. Michael Powell, if you will remember, took a shot at it last year, and he was very close, a lot closer than anybody thought. If they can get there, then what you are going to have is that Viacom, or NBC, or Rupert Murdoch is going come to your home town, and own your newspaper, own your radios, own your televisions, own everything, so that the one message that, say, Rupert Murdoch wants to deliver is delivered on virtually every venue available to you.

BB: That’s so dangerous.

MP: It’s awful. But the corporate media understands that this is it.

THIS IS IT!

Really, they’ll never again have this opportunity to have such a bumpkin President, such a lapdog bunch of Congressmen, and such a bottom-feeding kind of Administration. They’ll never have this again. They are afraid they will lose this opportunity by actually telling the stories, that people like you are telling. They are afraid to tell the story about the fact that 80,000 votes were shifted from John Kerry’s name to George Bush’s name in Ohio; or, that in the same state of Ohio, in one district, there were only 800 people who were registered, but 4000 votes showed up on the ledger.

BB: About qui tam: I understand that when you file, the government has the option of taking the case, instead of the citizen who files. Is that true?

MP: Correct.

BB: Is there any chance that the government might take the case and then go ahead and spike it?

MP: You mean sit on it?

BB: Yes.

MP: Yes, that’s exactly everybody’s fear, and that’s what we are trying to work around right now. The answer is, yes, that could very well happen, and we’re doing the best we can to not allow it to happen. Interestingly enough, within 60 days they have to make a decision, the decision if they are going to take the case, and they have a right to have one extension, they can get one continuance for that decision, so that’s one thing we have to be very conscious of.

BB: That can leave the disclosure until after the election then.

MP: Oh, absolutely. We’re trying to do what we can in that regard too.

BB: It’s too bad it couldn’t have been filed a little bit earlier.

MP: We had to have the facts. You have to have the relator, you have to have the whistleblowers, without those you can’t really do anything.

BB: I want to thank you for doing this. I really appreciate it.

MP: Well thank you, and I appreciate what you’re doing. I’m very optimistic about what you’re doing, because I think there’s a real rise in the citizen media. Citizen media is replacing mainstream media, and I think it’s doing it a lot more aggressively, and a lot more successfully than anybody dreamed. If you look at the numbers right now, 60% of Americans don’t trust the news. 60% say that they don’t even believe that the news can be adequately reported because government or corporations don’t allow it to happen. So what happens out there, is that the market always takes care of itself. There is some truth to that. And the market right now is moving rapidly towards the same kind of citizen media that you’re involved with. It’s one of those events that I talked about earlier, which coalesces with other things that are happening, so citizen media does get a story like this out, and it’s very effective. It’s amazing.

So when you run this story, somebody somewhere might read it and they might say, “Well I have information,” and they call someone or they call us, and you have a whole new dimension to the case that develops. Every day, somebody inside one of these voter corporations is mistreated, becomes disgruntled, finds their conscience, gets fearful that they are going to be arrested — because all those things do happen — and every time another of these key people decides to do the right thing, we have a better chance of getting to the whole story, so what you’re doing has a dramatic effect.

BB: Well I hope so, I just want to save this country.

MP: [Laughing] Well, I thank you for that. I will keep you posted as this story develops. It’s not something that happens right away. I think people may believe things are going to happen so rapidly that it’s going to be a huge flash, it’s more like a smoldering fire. And that’s not such a bad thing.

BB: No, because sometimes a smoldering fire will do a lot more damage in the long run than a flash. I’m hoping that this will actually change the consciousness in America so that when everybody goes to vote they look carefully at what’s going on around them. If we can at least get it out there that these voting machine companies are being sued, then maybe there will be more attention paid during the 2006 election, even if the case hasn’t been concluded.

MP: Joy, let me ask you something. Just put yourself in the position of an insider. The number ten guy with a huge voting machine company. All of a sudden, you understand that we’re already going fairly aggressively against one of your competitors. And you as number ten person in that company have firsthand knowledge that the company is committing fraud, and that the fraud is resulting in people being disenfranchised — just totally being disenfranchised from the right to vote. If you are that number ten guy, and as you listen to the story unfold, there ought to be a certain pucker factor. That fear factor is what you should react to, rather than being somebody that is brought into a lawsuit or a criminal case. The thing to do is to come forward now, and let people know up front that, yes, you know about it, and, yes, you’re willing to help correct it.

BB: And that’s part of the message we need to get out….

MP: That’s it!

BB: You were saying the other day it’s “like the civil rights issue” I think this is the civil rights issue.

MP: Oh yes, it is the civil rights issue; it’s the heart of the civil rights issue. It’s what people were murdered for, why they had to march in lines where they had dogs sic’d on them, and tear gas thrown at them, and bullets shot over their heads, or sometimes into their bodies. There’s no difference from what’s happening here, it’s just that people don’t understand or react to the racial aspect of it. Because it’s not simply a racial issue, it’s a class issue.

BB: Exactly, it’s the poor, as well as minority groups, as well as anyone who might commit the crime of voting while Democrat.

MP: If you think that this is happening in upper middle class neighborhoods, where white people drive 15 minutes to vote, you’re wrong. The problem was in the places where people had to take buses, and walk and take taxicabs to go vote, and then they would have to stand in line for four hours.

BB: And they might not even be in the “right” line in the same polling precinct. In Ohio there were frequently two polling precincts in one place, like a high school gym, and people would get in the wrong line, wait four hours, and then have to go to the end of the other line.

MP: Yes… and, then when they get there, their name isn’t even on the voting roll. So those are the nuances. We have to handle the direct issue right now. The direct issue is, even when they got there, the voting was probably gamed after they voted.

BB: Do you think that ChoicePoint is pulling people’s names off the rolls in 2006 as they did in 2000 in Florida?

MP: Oh, I just don’t know that yet. There’s no way to tell yet.

BB: This whole story is so intricate and so complicated, if they game the system again in 2006, it’s going to be a lot harder to tell because there are so many small races compared to the big major races for President….

MP: You hit a very good point. The point is: What about the developer who wants to have two of his friends put on the county commission so he can build a new high-rise? Nobody wants the high-rise, but, if he can get his friends put on there, my God, he might stand to make $15 million. Isn’t that just as much of a threat? The local issue is not quite as important as the national, but it’s pretty damned important.

BB: And, if the poll workers can take these machines home and have a sleepover with them, you can have one person put in a nasty chip, and change the whole outcome of the race!

MP: And without any evidence at all, so there would be no way to tell.

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Democracy in Crisis – An Exclusive BRAD BLOG Interview with Robert F. Kennedy, Jr.

Posted in Brad Blog, General, Legal, RFK Jr. on July 18th, 2006

An Exclusive Interview for The BRAD BLOG as Guest Blogged by Joy and Tom Williams…

“The Republican Party, the Republican National Committee, has been using old-fashioned, Jim Crow, apartheid-type maneuvers to steal the last two national elections.”

– Robert F. Kennedy, Jr.

Recently, Robert F. Kennedy Jr., (bio) , wrote the article: “Was the 2004 Election Stolen” where he examined the election fraud in Ohio that took place during the last Presidential Election. He also has written a book “Crimes Against Nature: How George W. Bush & His Corporate Pals Are Plundering the Country and Hijacking our Democracy“. Mr. Kennedy, along with Mike Papantonio have filed a “qui tam” lawsuit against some of the voting machines companies, in an effort to save our Democracy.

I’ve long had a deep respect for Robert F. Kennedy for his dedicated work as an environmental advocate. Tom and I enjoyed interviewing him and were moved by his passion and dedication to our country and our Democracy. We spoke to him via phone at his office at Pace University’s Environmental Litigation Clinic in White Plains, New York, which he founded, about the election of 2004. This was an experience to remember…

BRAD BLOG: In your book, “Crimes Against Nature,” you said that Bush won the 2004 election because of an information deficit caused by a breakdown in our national media. You go on to say that “Bush was re-elected because of the negligence of-and deliberate deception by-the American press.” Your recent article in “Rolling Stone” seems to suggest that your opinion has changed, focusing more on the fraud and deception in Ohio with the computerized voting machines. What was the most important thing that made you suspect fraud and decide to investigate the 2004 election?

ROBERT F. KENNEDY JR.: Well, my opinion hasn’t changed, that the press has been negligent, and that the large amount of support for the President, and for the people that did vote for the President, that large numbers of them would not have done so, had they known the truth about his policies, and his record. You say my opinion changed, but it hasn’t changed.

You know I’ve known this for many years, because of my anecdotal experience. I give about 40 speeches a year, in red states to Republican audiences, and I get the same enthusiastic responses from those audiences as I get from Liberal college audiences. The only difference is, is that the Republicans often say to me, “How come we’ve never heard this before?” I made the conclusion many years ago that there’s not a huge values difference between Red State Republicans and Blue State Democrats. The distinction is really informational. 80% of Republicans are just Democrats who don’t know what’s going on. And my anecdotal conclusion was confirmed by a survey done immediately after the 2004 election called the PIPA report, which tested Bush supporters and Kerry supporters based upon their knowledge of current events. It found that among Bush supporters, they were widespread in its interpretations, or there were factual errors in the way that they viewed Bush’s major public policy initiatives.

For example, 75% of the Republican respondents believed that Saddam Hussein bombed the World Trade Center, and 72% believed that WMD had been found in Iraq. And most of them believed that the war in Iraq had strong support among Iraq’s Muslim neighbors and our traditional allies in Europe, which of course is wrong. The Democrats as a whole had a much more accurate view of those events. And then PIPA went back twice to these same people. The first time it went back to the people that had these misinterpretations, and asked them where they were getting their news, and invariably they said talk radio and FOX news. And PIPA went back a third time, and made inquiries about their fundamental values, and it did start with a string of hypotheticals:

What if there were no weapons of mass destruction in Iraq? What if Saddam Hussein had nothing to do with bombing the World Trade Center? What if the U.S. Invasion of Iraq had little support among Iraq’s Muslim neighbors and was largely opposed by Iraq’s Muslim neighbors, and by our troops and allies in Europe? Should we have still gone in?” And roughly 80% of Dem and 80% of Rep said the same thing, “We should not.” And so the values were the same. It was the facts, the information, it was the access to information that was different.

BB: Are you then adding a layer of suspicion about the direct manipulation and fraudulent counting through computerized voting?

RFK JR.: That also happened, that was another factor. Our democracy is broken. Our democracy is broken because of our campaign finance system, which is just a system of legalized bribery, which has allowed corporations and the very wealthy to control the electoral results. Let me go back and say our electoral system is broken for three reasons, in three large respects: The first is our campaign finance system, which is a system of legalized bribery, and which has allowed corporations and the very rich to control the results of our electoral process. Number two is the failure of the American press and that is also a function and result of corporate control, as I showed in my book. Number three is the election system itself, which is broken. We’ve privatized it and allowed four large corporations to count our votes on machines that don’t work.

But also the Republican party has inculcated a culture of corruption. The Republican party has adopted a strategy of denying votes to blacks and other minorities, and to other people more traditionally Democratic, suppressing Democratic vote and fraudulently expanding Republican vote. And this is happening all over the country. I would urge you to read Greg Palast’s latest book, Armed Madhouse. He does for the national elections what I did for the Ohio election, which is to synthesize the information that’s out there into a readable document, in which he shows exactly how this election was stolen-not just in Ohio but in many other states as well.

BB: Have any of your expert witnesses or anyone referred to some of the stringent requirements in the gaming industry which uses computerized slot machines, poker machines and so forth involving the levels of certification and disclosure of the security requirements of its vendors?

RFK JR.: Well, you see this was just another corporate boondoggle that gave the most venal mendacious corporations charge of our most sacred public trust, which is the right to vote. These corporations were making hundreds of millions of dollars. The machines, as it turns out, were manufactured by wireless companies and were just a cheap piece of junk that cost less than $100 to manufacture, and they were selling them for $2400 apiece. And they were using Jack Abramoff and other corrupt lobbyists to persuade federal officials to pass the federal act to appropriate the money and then to persuade state and local officials to purchase the defective machines.

BB: Jack Abramoff was involved in this?

RFK JR.: Oh yes. Jack Abramoff, and Bob Ney (R-Oh), the principle figure in the Abramoff scandal and he’s the author of the Help America Vote Act (HAVA). And Diebold contributed millions of dollars to these guys, including hundreds of thousands of dollars to Abramoff to lobby on behalf of HAVA, and to lobby states like New York and the other states, to adopt the Diebold machines.

BB: So HAVA was “created specifically to disenfranchise voters and verfication”?

RFK JR.: HAVA was written specifically to require the states to buy Diebold machines. I mean one company basically had control of the whole legislative process. That’s why HAVA has a provision in it that discourages vote verification by paper ballots. Both Republicans and Democrats tried to reform the HAVA, saying of course we should have paper verification of the vote. Paper verification would allow you to go in, make your vote on the electronic machine, and you get a receipt that is a copy of who you voted for and you are allowed to examine that receipt. You deposit it in a locked box in the voting area. That way, if there’s ever any question, if you need to count, you can count the papers, and see if it compares to what the machine says.

But Bob Ney fought tooth and nail against that provision because Diebold made a machine that does not provide a paper ballot. And he went so far, because Diebold contributed a million dollars to an organization that purportedly protects the rights of blind people. And in exchange for that, that organization got one of its officers to testify on Capitol Hill at the HAVA hearings, that blind people in America did not want paper ballots – voter verified ballots – because it would deprive someone of the right to vote secretly. Now the other organizations that support handicapped rights and rights of the blind, do not take that position. This was a position that that organization adopted after accepting a million dollars from Diebold. The whole operation was corrupt and now Bob Ney is going to jail for it.

BB: Also, speaking of those guys, election officials in several states, most notably Ken Blackwell in Ohio and Bruce McPherson here in the state of California, appear to be be deliberately flouting established law and procedures as well as direct court orders, and they seem to be just “getting away with it”. How can that be?

RFK JR.: Well, again, it’s because of the failure of the American press. This is the most important issue in American Democracy and the press isn’t covering it. So the politicians who want to fix the elections, and who want these fraudulent machines, can get away with it, don’t take a position because it gets no traction in the press.

BB:: But then why didn’t people like Kerry want to contest the results?

RFK JR.: You’d have to ask Kerry.

BB: Why hasn’t the DNC done anything about this?

RFK JR.: You’d have to ask the DNC.

BB: We watched Howard Dean on television having a hack demonstrated to him by Bev Harris, and he doesn’t seem to say anything… I guess we’ll have to ask them! But there seems to have been a pattern here in the leadership of the Democratic Party….What I was getting to in those questions was not for you to interpret the actions of the those in the DNC and so forth, but there seems to be a pattern in the leadership of the Dem Party that shies away from direct conflict in this….

RFK JR.: The Democratic leadership on this issue has been abysmal. And particularly since this is a civil rights issue and it’s a racial issue. The machines themselves are kind of a distraction because the machines are recent innovations. The Republican Party, the Republican National Committee, has been using, old-fashioned, Jim Crow, apartheid-type maneuvers to steal the last two national elections.

BB: Like in Georgia, who were trying to establish the Poll Tax again…

RFK JR.: And this has been happening all over the country. If you look at who’s being denied the right to vote, on absentee ballots, on provisional ballots, it’s Hispanics, it’s Blacks and it’s Native Americans, and the Democratic Party ought to be touting this as the biggest civil rights issue of our time. But they are ignoring it, and that really is shocking. It’s shocking that the Republicans are not up in arms about this too, because this should not be a partisan issue. This is a fundamental basis of our American value system, which is representative Democracy. For a party that claims to speak for “American Values” to ignore the fact that other members of the party, that the leadership of the party is involved in an active national campaign to stop black people from voting, and to steal elections, shows the moral bankruptcy of everybody in that party!

Why aren’t Republicans standing up and speaking on this issue? Why isn’t Republican leadership standing up and speaking on this issue?

BB: California [state recently re-certified] Diebold machines, all over the state. If California “goes” Republican, do you think we will be able to say, ok, there’s no doubt anymore?

RFK JR.: Listen: all I can say is that the Diebold machines are among the worst. They break down, they are easily hacked, Diebold uses fraudulent misrepresentations to sell the machines, and they should not be part of our voting system.

BB: Are there any plans on a national or state level to contest suspicious results this time around?

RFK JR.: They make it very difficult to contest crooked elections. Nebraska is one of several states that have now passed laws, and I believe Florida is one of those states, that prohibit counting paper ballots in votes that were originally counted by machines. The only way that you can count votes is the original way in which they were counted. And so, of course, that makes it easy to fix any election and make sure that nobody has the right to challenge it.

Many other states, including Ohio, have made it impossible for anybody to challenge an election, even if it was obviously fixed. And these kinds of initiatives are happening all over the country. Why would any state legislature vote for such a rule unless they were Republicans who felt that elections would be fixed in their favor? Why would any American vote for such a rule? It is completely anti-American and un-American. We should be encouraging Americans to vote and encouraging EVERY American to cast a vote and to make sure that every vote is counted. And both parties should be working toward that.

But instead you have a Republican party that is trying to suppress votes and trying to defraud the public. And you have a Democratic party that is like the deer in headlights. And the Democrats are never going to win another election if they don’t fix this issue because they are starting out every election with a 3 million vote deficit, and those are mainly the black voters in this country and who no longer have their votes counted.

And you know, this may sound shrill, but look at the facts. And I challenge anyone who says that this is shrill and inaccurate to read Greg Palast’s book, to read my article, to look at the facts, because the facts are infallible.

BB: Do you think we are going to need a reaction like they are having currently in Mexico?

RFK JR.: Well, I wish the Democratic Party had the cojones that the Mexican opposition party has! They’re saying “We’re not gonna stand for our elections being stolen anymore!” It’s great for these (our) political leaders to stand up and say “I will gracefully concede” but what does that mean for the rest of us? We are getting stuck with these governments that are absolutely running our country into the ground.

BB: You said in your recent interview with Charlie Rose, that this is the worst Presidency we’ve ever had, and they’ve ruined our reputation in the world. So if you had your ideal President, what kind of things would he or she need to do to restore our credibility?

RFK JR.: Well the first thing we need to do is to restore American Democracy.

Number One: Fix the campaign finance system to get corporate money out of the electoral process. Corporations are a great thing for our country. They drive our economy but they should NOT be running our government because they don’t want the same thing for America that Americans want. Corporations don’t want democracy, they want free markets, they want profits, and oftentimes the easiest path to profits is to use the campaign finance system to get their hooks into a public official and to use that public official to dismantle the marketplace to give them monopoly control and a competitive edge and to privatize the commons-to steal our air, our water, or our public treasury, and liquidate it for private profits.

Number Two: We have to fix the press: restore journalistic ethics in this country, and that is by bringing back the fairness doctrine and strengthening the FCC. The Fairness Doctrine was abolished by Ronald Reagan in 1988, and it recognized that the airwaves belong to the public; that the broadcasters can be licensed to use them to make a profit, but they use them with the proviso that their primary obligation is to advance democracy and promote the public interest. They have to inform the public because a democracy cannot survive an uninformed public. As Thomas Jefferson said, “An uninformed public will trade a hundred years of hard-fought civil rights for a half an hour of welfare.” And they will follow the first demagogue or religious fanatic that comes along and offers them a $300 tax break.

Number Three: We have to fix our electoral system so that every vote is counted. Those are the first three things that any President should do, Republican or Democrat, to restore American Democracy.

BB: Now all these state laws that are being put in place could be trumped by Congress…

RFK JR.: Of course, we should have a federal law that creates federal standards for elections. All federal elections have to be verified by paper ballots. Election officials, whose job is to ensure the integrity of federal elections, cannot simultaneously serve as campaign managers or candidates who are participating in that contest. Many states already have that rule, but Florida and Ohio do not. It’s a formula for corruption!

BB: In summary, how optimistic or pessimistic are you about our ability to get our country back?

RFK JR.: Well, you know, my attitude is that I don’t try to predict the future, I can only say that those of us who care about this country have to keep fighting, and whether you think you’re gonna win or lose, you gotta just keep slugging and you gotta be ready to die with your boots on, because that’s what our forefathers did, they started a revolution, and they put their fortunes and their lives at stake. And we need to summon the same kind of courage from our generation, and demand that kind of courage from our leadership.

BB: And we have to get that message out to the Democratic leadership as well.

RFK JR.: And that’s what you guys are doing….

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