January 06, 2005

LNS Post Coup II Supplement (1/6/05)

Five more US soldiers have died in Iraq. For what? The neo-con wet dream of a Three Stooges Reich. Nothing else. No, the world is not safer. No, the US is not safer. No, the Iraqis are not better off. Nor did those five US soldiers die for democracy in Iraq. That is a cruel and bloody lie. Did they die for democracy in America? Will five US Senators stand up today, one for each US soldier’s life wasted in Iraq yesterday? Will even one Senator stand up to challenge this second consecutive theft of a national election? Or will they choose luxury over liberty and comfort over conscience? Will they settle for keeping the privledges of rank during this national lockdown? Will they accept the role of a ceremonial, faux opposition that the Bush Cabal, its wholly-owned-subsidiary-formerly-known-as-the-Republican-Party and the US regimestream news media has cast for them? Five US soldiers died yesterday -- for nothing. Will five US Senators stand up today -- for something?

Conyers Report: We have found numerous, serious election irregularities in the Ohio presidential election, which resulted in a significant disenfranchisement of voters. Cumulatively, these irregularities, which affected hundreds of thousand of votes and voters in Ohio, raise grave doubts regarding whether it can be said the Ohio electors selected on December 13, 2004, were chosen in a manner that conforms to Ohio law, let alone federal requirements and constitutional standards.
This report, therefore, makes three recommendations: (1) consistent with the requirements of the United States Constitution concerning the counting of electoral votes by Congress and Federal law implementing these requirements, there are ample grounds for challenging the electors from the State of Ohio; (2) Congress should engage in further hearings into the widespread irregularities reported in Ohio; we believe the problems are serious enough to warrant the appointment of a joint select Committee of the House and Senate to investigate and report back to the Members; and (3) Congress needs to enact election reform to restore our people's trust in our democracy. These changes should include putting in place more specific federal protections for federal elections, particularly in the areas of audit capability for electronic voting machines and casting and counting of provisional ballots, as well as other needed changes to federal and state election laws.
With regards to our factual finding, in brief, we find that there were massive and unprecedented voter irregularities and anomalies in Ohio. In many cases these irregularities were caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell, the co-chair of the Bush-Cheney campaign in Ohio.

Jesse Jackson, Chicago Sun-Times: In Ohio, the gulf between exit polls and counted votes is vast and glaring. Blatant discrimination in the distribution of voting machines ensured long lines in inner-city and working-class precincts that favored John Kerry, while the exurban districts that favored President Bush had no similar problems.
Systematic efforts were made to suppress and challenge the new voters in Kerry precincts, whether students or African Americans. Some precincts were certified with more votes than the number registered; others were certified with preposterously low turnouts. Voting machines, produced by a company headed by a vowed Bush supporter, provide no paper record. Ohio's secretary of state, the inappropriately partisan head of the state's Bush campaign, has resisted any systematic recount of the ballots.
The systematic bias and potential for fraud is unmistakable. An in-depth investigation is vital - and the partisan secretary of state has opposed it every step of the way. In this context, Conyers and his colleagues in the House are serving the nation's best interests in demanding an investigation of the irregularities in Ohio, and objecting to business as usual in counting the vote.
If Harry Reid, the new leader of the Democratic minority in the Senate, has any sense, he will lead members of the caucus to support their colleagues from the House and demand a debate that will expose the irregularities in Ohio. If Kerry wants to establish his continued leadership, he will stand first to join with Conyers and demand a debate.

Michael Moore: A very embarrassing moment during the last session of Congress occurred in the first week when none of you would allow the members of Congress who were black to have the floor to object to the Florida vote count. Remember that? You thought no one would ever notice, didn't you? You certainly lucked out that night when the networks decided not to show how you shut down every single member of the Congressional Black Caucus.
No such luck this year. Everyone now knows about that moment of shame. Thank you? You’re welcome.
But this Thursday, at 1:00pm, you will have a chance to redeem yourself.

William Rivers Pitt, www.truthout.org: Four years ago, standing up was politically dangerous. The country had just endured a month of mayhem and charges and countercharges and overheated rhetoric. The Supreme Court had ruled, a judicial version of the loud voice from Mount Ararat that cannot be contravened. The tablets had been handed down.
The mainstream news media had launched into the soothing refrain, "This is an orderly transition of power...this is an orderly transition of power," and a Senator standing up in Congress to swat the hornet's nest again would have, bluntly, gotten their butt kicked up between their shoulderblades. Recall the line from the film ‘The Right Stuff': "It takes a special kind of man to volunteer for a suicide mission, especially one that's on TV." Four years ago, no one was feeling special enough to volunteer. Do not forget, as well, that candidate Gore asked his Senate colleagues not to join the CBC, so that they all might "heal the country."
The politics this time around are comparably dicey. Mainstream media coverage of election irregularities in Ohio and elsewhere has been meager at best. What coverage there has been has managed to be simultaneously disparaging and uninformed. Take, for example, the editorial from the Cleveland Plain-Dealer directed today at Rep. Tubbs-Jones and Rev. Jesse Jackson: "(Kerry) had the good grace and sense to acknowledge the abundantly obvious, go home and resume his life. You might consider emulating his excellent example, because what you are doing now - redoubling your effort in the face of a settled outcome - will only drive you further toward the political fringe. And that long grass already is tickling your knees."
A Senator who stands with Conyers and the CBC risks marginalization. A Senator who stands with Conyers risks blowing their credibility to smithereens on the eve of a fight over Bush's wacky judicial nominations, and on the eve of a fight over the very existence of the minority's ability to filibuster. A Senator who stands with Conyers and the CBC risks being targeted for defeat by an increasingly effective GOP machine.
The difference this time around, however, cannot be overstated, and is the reason why a Senator must step forward. Four years ago, the argument was about replacing Bush with Gore. This time, despite the earnest desires of millions of people, such an option is not on the table. The process itself, barring another edict from Ararat, precludes the notion that someone besides Bush will take the oath on January 20th. If Conyers and company stand and object with the support of a Senator, the Electoral College hearing will adjourn, and both the House and Senate will hear two hours of testimony on the reasons behind the objection. After the testimony, the House and Senate will have a straight up-or-down vote on whether to entertain the objection. Given the GOP dominance in both chambers, the outcome of such a vote is preordained.

Capital Times Editorial (Madison, WI): Conyers will be joined by several members of the House, and we hope that U.S. Rep. Tammy Baldwin, D-Madison, who has previously joined Conyers in expressing concern about the Ohio irregularities, will be among them. More importantly, we hope that both Sen. Russ Feingold, D-Wis., and Sen. Herb Kohl, D-Wis., both members of the Senate Judiciary Committee, will join members of the House in objecting to the certification of the Ohio results.
Under the rules, when the electoral votes of each state are announced, the president of the Senate calls for objections. To force a debate, a written objection must be signed by at least one senator and one member of the House. If that standard is met, the Senate withdraws from the House chamber, and each body engages in a two-hour debate on the matter. Unless both the Senate and the House separately agree to the objection, the challenged electoral votes are counted.
Considering the partisan divide in both the House and Senate, which favors the Republican Party, it is unlikely that either chamber would agree to the objection. Thus, the raising of an objection is not going to block President Bush from gaining a second term. Rather, it would focus attention on legitimate concerns that have been raised regarding the Ohio vote and count, and on broader concerns about America's inconsistent and often flawed election processes - which vary so radically from state to state that genuine equal protection concerns arise.
Indeed, the tightly focused debate that would follow upon acceptance of an objection could be just what is needed to get this Congress, and this country, talking about the steps that must be taken to ensure that American elections provide a true representation of the people's will. Yet as of now, no senators have expressed their intention to sign the statement of objection to certifying the Ohio results. It is for this reason that we urge Feingold and Kohl to join Conyers and members of the House in forcing a debate.

Robert McChesney, www.commondreams.org: Corporate media's failures constitute what legendary journalist Bill Moyers describes as the greatest threat to our nation: "Democracy can't exist without an informed public." Most Americans don't know that the presidential candidates and allied groups shattered all campaign finance records in 2004, spending $2 billion. That's right: billion. Most of that money bought political ads from the biggest media companies ... who gave us back deplorable election coverage.
The gap between rich and poor continues to widen, and more than 45 million Americans are living without health insurance, while Congress guts the critical programs that are the fabric of our democracy. Public education, Social Security, environmental protection, affordable housing, and accessible health care are all at risk.
Most Americans don't know the consequences of our ballooning $521 billion deficit and $7.1 trillion national debt. The media are silent as Congress dishes out some $125 billion every year in corporate welfare. We aren't told that global terrorism has continued to rise each year since the attacks of 9/11, while a full 49 percent of Americans still believe that Iraq had WMDs, and 52 percent believe Saddam Hussein was actively supporting Al Qaeda….
Millions of citizens understand that our bankrupt media system is the direct result of government policies made in the public's name but without our consent. Unprecedented numbers of citizens joined together and organized to win a number of historic victories in 2004, proving that public participation is indeed the answer to the media problem. A genuine media reform movement is gaining momentum and getting results.
In 2004, the FCC's attempts to loosen ownership limits to let Big Media get even bigger were rejected by the courts and Congress after massive public opposition. Sinclair Broadcast Group was forced to retract its brazenly biased Stolen Honor "news" program days before the election. Almost every egregious action by big media corporations - once met with muted opposition - was greeted with a swift response from an increasingly unified, bipartisan and vocal public.
But that's just the beginning. A growing number of citizens are taking action to stop media conglomerates from getting bigger; to strengthen alternative, independent and non-commercial media; to force media companies to serve the public interest; to limit advertising directed at our children; and to make access to communications affordable and universal.

Restore the Sanctity of the Vote!
Restore a Free, Independent, Aggressive Press!
Restore the Republic!


Preserving Democracy:
What Went Wrong in Ohio
Status Report of the House Judiciary Committee Democratic Staff
Wednesday 05 January 2005
Executive Summary
Representative John Conyers, Jr., the Ranking Democrat on the House Judiciary Committee, asked the Democratic staff to conduct an investigation into irregularities reported in the Ohio presidential election and to prepare a Status Report concerning the same prior to the Joint Meeting of Congress scheduled for January 6, 2005, to receive and consider the votes of the electoral college for president. The following Report includes a brief chronology of the events; summarizes the relevant background law; provides detailed findings (including factual findings and legal analysis); and describes various recommendations for acting on this Report going forward.
We have found numerous, serious election irregularities in the Ohio presidential election, which resulted in a significant disenfranchisement of voters. Cumulatively, these irregularities, which affected hundreds of thousand of votes and voters in Ohio, raise grave doubts regarding whether it can be said the Ohio electors selected on December 13, 2004, were chosen in a manner that conforms to Ohio law, let alone federal requirements and constitutional standards.
This report, therefore, makes three recommendations: (1) consistent with the requirements of the United States Constitution concerning the counting of electoral votes by Congress and Federal law implementing these requirements, there are ample grounds for challenging the electors from the State of Ohio; (2) Congress should engage in further hearings into the widespread irregularities reported in Ohio; we believe the problems are serious enough to warrant the appointment of a joint select Committee of the House and Senate to investigate and report back to the Members; and (3) Congress needs to enact election reform to restore our people's trust in our democracy. These changes should include putting in place more specific federal protections for federal elections, particularly in the areas of audit capability for electronic voting machines and casting and counting of provisional ballots, as well as other needed changes to federal and state election laws.
With regards to our factual finding, in brief, we find that there were massive and unprecedented voter irregularities and anomalies in Ohio. In many cases these irregularities were caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell, the co-chair of the Bush-Cheney campaign in Ohio.
First, in the run up to election day, the following actions by Mr. Blackwell, the Republican Party and election officials disenfranchised hundreds of thousands of Ohio citizens, predominantly minority and Democratic voters:
• The misallocation of voting machines led to unprecedented long lines that disenfranchised scores, if not hundreds of thousands, of predominantly minority and Democratic voters. This was illustrated by the fact that the Washington Post reported that in Franklin County, "27 of the 30 wards with the most machines per registered voter showed majorities for Bush. At the other end of the spectrum, six of the seven wards with the fewest machines delivered large margins for Kerry." (See Powell and Slevin, supra). Among other things, the conscious failure to provide sufficient voting machinery violates the Ohio Revised Code which requires the Boards of Elections to "provide adequate facilities at each polling place for conducting the election."
• Mr. Blackwell's decision to restrict provisional ballots resulted in the disenfranchisement of tens, if not hundreds, of thousands of voters, again predominantly minority and Democratic voters. Mr. Blackwell's decision departed from past Ohio law on provisional ballots, and there is no evidence that a broader construction would have led to any significant disruption at the polling places, and did not do so in other states.
• Mr. Blackwell's widely reviled decision to reject voter registration applications based on paper weight may have resulted in thousands of new voters not being registered in time for the 2004 election.
• The Ohio Republican Party's decision to engage in preelection "caging" tactics, selectively targeting 35,000 predominantly minority voters for intimidation had a negative impact on voter turnout. The Third Circuit found these activities to be illegal and in direct violation of consent decrees barring the Republican Party from targeting minority voters for poll challenges.
• The Ohio Republican Party's decision to utilize thousands of partisan challengers concentrated in minority and Democratic areas likely disenfranchised tens of thousands of legal voters, who were not only intimidated, but became discouraged by the long lines. Shockingly, these disruptions were publicly predicted and acknowledged by Republican officials: Mark Weaver, a lawyer for the Ohio Republican Party, admitted the challenges "can't help but create chaos, longer lines and frustration."
• Mr. Blackwell's decision to prevent voters who requested absentee ballots but did not receive them on a timely basis from being able to receive provisional ballots 6 likely disenfranchised thousands, if not tens of thousands, of voters, particularly seniors. A federal court found Mr. Blackwell's order to be illegal and in violation of HAVA.
Second, on election day, there were numerous unexplained anomalies and irregularities involving hundreds of thousands of votes that have yet to be accounted for:
• There were widespread instances of intimidation and misinformation in violation of the Voting Rights Act, the Civil Rights Act of 1968, Equal Protection, Due Process and the Ohio right to vote. Mr. Blackwell's apparent failure to institute a single investigation into these many serious allegations represents a violation of his statutory duty under Ohio law to investigate election irregularities.
• We learned of improper purging and other registration errors by election officials that likely disenfranchised tens of thousands of voters statewide. The Greater Cleveland Voter Registration Coalition projects that in Cuyahoga County alone over 10,000 Ohio citizens lost their right to vote as a result of official registration errors.
• There were 93,000 spoiled ballots where no vote was cast for president, the vast majority of which have yet to be inspected. The problem was particularly acute in two precincts in Montgomery County which had an undervote rate of over 25% each - accounting for nearly 6,000 voters who stood in line to vote, but purportedly declined to vote for president.
• There were numerous, significant unexplained irregularities in other counties throughout the state: (i) in Mahoning county at least 25 electronic machines transferred an unknown number of Kerry votes to the Bush column; (ii) Warren County locked out public observers from vote counting citing an FBI warning about a potential terrorist threat, yet the FBI states that it issued no such warning; (iii) the voting records of Perry county show significantly more votes than voters in some precincts, significantly less ballots than voters in other precincts, and voters casting more than one ballot; (iv) in Butler county a down ballot and underfunded Democratic State Supreme Court candidate implausibly received more votes than the best funded Democratic Presidential candidate in history; (v) in Cuyahoga county, poll worker error may have led to little known thirdparty candidates receiving twenty times more votes than such candidates had ever received in otherwise reliably Democratic leaning areas; (vi) in Miami county, voter turnout was an improbable and highly suspect 98.55 percent, and after 100 percent of the precincts were reported, an additional 19,000 extra votes were recorded for President Bush.
Third, in the post-election period we learned of numerous irregularities in tallying provisional ballots and conducting and completing the recount that disenfanchised thousands of voters and call the entire recount procedure into question (as of this date the recount is still not complete):
• Mr. Blackwell's failure to articulate clear and consistent standards for the counting of provisional ballots resulted in the loss of thousands of predominantly minority votes. In Cuyahoga County alone, the lack of guidance and the ultimate narrow and arbitrary review standards significantly contributed to the fact that 8,099 out of 24,472 provisional ballots were ruled invalid, the highest proportion in the state.
• Mr. Blackwell's failure to issue specific standards for the recount contributed to a lack of uniformity in violation of both the Due Process Clause and the Equal Protection Clauses. We found innumerable irregularities in the recount in violation of Ohio law, including (i) counties which did not randomly select the precinct samples; (ii) counties which did not conduct a full hand court after the 3% hand and machine counts did not match; (iii) counties which allowed for irregular marking of ballots and failed to secure and store ballots and machinery; and (iv) counties which prevented witnesses for candidates from observing the various aspects of the recount.
• The voting computer company Triad has essentially admitted that it engaged in a course of behavior during the recount in numerous counties to provide "cheat sheets" to those counting the ballots. The cheat sheets informed election officials how many votes they should find for each candidate, and how many over and under votes they should calculate to match the machine count. In that way, they could avoid doing a full county-wide hand recount mandated by state law.
________________________________________
Download
http://www.truthout.org/docs_05/010605Y.shtml

Senators Should Object to Ohio Vote
By Jesse Jackson
The Chicago Sun Times
Tuesday 04 January 2005
This Thursday in Washington Rep. John Conyers (D-Mich.), the senior minority member of the House Judiciary Committee, will formally object to the counting of the Ohio electoral vote in the 2004 presidential election. If any senator joins him, the counting of the vote is suspended and the House and the Senate must convene separately to hear the objections filed, and to vote on whether to accept them.
The grounds for the objections are clear: The irregularities in the Ohio vote and vote count are widespread and blatant. If the Ohio election were held in the Ukraine, it would not have been certified by the international community.
In Ohio, the gulf between exit polls and counted votes is vast and glaring. Blatant discrimination in the distribution of voting machines ensured long lines in inner-city and working-class precincts that favored John Kerry, while the exurban districts that favored President Bush had no similar problems.
Systematic efforts were made to suppress and challenge the new voters in Kerry precincts, whether students or African Americans. Some precincts were certified with more votes than the number registered; others were certified with preposterously low turnouts. Voting machines, produced by a company headed by a vowed Bush supporter, provide no paper record. Ohio's secretary of state, the inappropriately partisan head of the state's Bush campaign, has resisted any systematic recount of the ballots.
The systematic bias and potential for fraud is unmistakable. An in-depth investigation is vital - and the partisan secretary of state has opposed it every step of the way. In this context, Conyers and his colleagues in the House are serving the nation's best interests in demanding an investigation of the irregularities in Ohio, and objecting to business as usual in counting the vote.
If Harry Reid, the new leader of the Democratic minority in the Senate, has any sense, he will lead members of the caucus to support their colleagues from the House and demand a debate that will expose the irregularities in Ohio. If Kerry wants to establish his continued leadership, he will stand first to join with Conyers and demand a debate.
Will the debate overturn the outcome of the election? That is doubtful, although the irregularities in Ohio suggest that Kerry may well have won if a true count could be had. But the debate is vital anyway. This country's elections, each run with different standards by different states, with partisan tricks, racial bias, and too often widespread incompetence, are an open scandal.
We need national standards to ensure that we get an honest count across the country. National standards, accompanied by a constitutional amendment to guarantee the right to vote for all Americans, will be passed only if leaders in the Congress refuse to close their eyes to the scandal, and instead stop business as usual.
Conyers, Reid and Kerry will face harsh criticism for violating what might be called the Nixon precedent. When Kennedy beat Nixon by a few thousand votes in an election marked by irregularities in Illinois and Texas, Nixon chose not to challenge the result. Gore essentially followed that rule after the gang of five in the Supreme Court disgraced themselves by stopping the vote count in Florida. But the effect of the Nixon precedent is to provide those who would cheat with essentially a free pass. Particularly when the state officials are partisans, they can put in the fix with little fear of exposure so long as they win.
So Conyers will step up, accompanied by other courageous members of the House. They will object to the count and demand a debate. To force that debate, they need only one member of the Senate to join them. Reid should lead the entire caucus to join them. Kerry should stand alone if necessary to demand clean elections in America.
If America is to be a champion of democracy abroad, it must clean up its elections at home. If it is to complain of fraudulent and dishonest election practices abroad, it cannot condone them at home. But more important, if our own elections are to be legitimate, then they must be honest, open, with high national standards.
The time has come to stand up for clean elections, and to let it be known that massive irregularities will not go unchallenged.
________________________________________
To call all Senators toll free: 1-800-839-5276 or 1-877-762-8762.
http://www.michaelmoore.com/words/message/index.php?messageDate=2005-01-04
Tuesday, January 4, 2004
Just One Senator... An Open Letter to the U.S. Senate from Michael Moore
Dear Members of the U.S. Senate,
Welcome back! The 109th session of Congress has just begun. I'm watching you on C-SPAN right now and you all look so snap-happy and clean-faced. It's like the first day of school all over again, isn't it?
I have a favor to ask of you. Something isn't right with the vote from Ohio. Seems a lot of people didn't get to vote. And those who did, thousands of theirs weren't counted.
Does that seem right to you? I'm just asking. Forget about partisan politics for a moment and ask yourself if there is a more basic right, in a democracy, than the right of the people to vote AND have ALL their votes counted.
Now, I know a lot of you wish this little problem of Ohio would just go away. And many of you who wish this are Democrats. You just want to move on (no pun intended!). I can't say I blame you. It's rough to lose two elections in a row when the first one you actually won and the second one you should have won. And it seems this time around, about 3 million more Americans preferred to continue the war in Iraq and give the rich more tax breaks than those who didn't. No sense living in denial about that.
But something isn't right in Ohio and more than a dozen members of the House of Representatives believe it is worth investigating.
So on Thursday at 1:00pm, Rep. John Conyers of Detroit will rise and object to the vote count in Ohio. According to the laws of this land, he will not be allowed to speak unless at least one of you -- one member of the United States Senate -- agrees to let him have the floor.
A very embarrassing moment during the last session of Congress occurred in the first week when none of you would allow the members of Congress who were black to have the floor to object to the Florida vote count. Remember that? You thought no one would ever notice, didn't you? You certainly lucked out that night when the networks decided not to show how you shut down every single member of the Congressional Black Caucus.
No such luck this year. Everyone now knows about that moment of shame. Thank you? You’re welcome.
But this Thursday, at 1:00pm, you will have a chance to redeem yourself.
Congressman Conyers and a dozen other members of Congress have some serious questions about how the Republican secretary of state in Ohio (who was also the state’s co-chair of Bush’s reelection campaign) conducted the election on November 2. The list of possible offenses of how voters were denied access to the polls and how over a hundred thousand of their votes have yet to be counted is more than worthy of your consideration. It may not change the outcome, but you have a supreme responsibility to make sure that EVERY vote is counted. Who amongst you would disagree with that?
If you would like to read more about the specific charges, I ask that you read these two links: “Senators Should Object to Ohio Vote” —by Jesse Jackson and “Ten Preliminary Reasons Why the Bush Vote Does Not Compute, and Why Congress Must Investigate Rather Than Certify the Electoral College”. I am asking everyone on my mailing list to send you a letter joining me in this call to you to do your job and investigate what happened before you certify the vote.
It only takes one member of the House and one member of the Senate to stop the acceptance of the Electoral College vote and force a legitimate debate and investigation. Do you know why this provision is set in stone in our nation’s laws? I mean, why would we allow just two officials in a body of 535 members to throw a wrench into the works? The law exists because nothing is more sacred than the integrity of the ballot box and if there is ANY possibility of fraud or incompetence, then it MUST be addressed. Because if we don't have the vote, what are we left with?
C'mon Senators! Especially you Democrats. Here is your one shining moment of courage. Will you allow the gavel to come down on our black members of Congress once again? Or will you stand up for their right to object?
We will all be watching.
Yours,
Michael Moore
www.michaelmoore.com
MMFlint@aol.com
P.S. My whereabouts this week: I will be on the Today Show Thursday morning, Jay Leno on Friday night. And... the People's Choice Awards are this Sunday night, live on CBS at 9pm! Can we defeat the superheroes Spiderman, Incredibles and Shrek for best picture? A documentary??? Whoa... tune in...

http://www.truthout.org/docs_05/010505A.shtml
Stand Up, Senator
By William Rivers Pitt
t r u t h o u t | Report
Wednesday 05 January 2004
"Hope is not the conviction that something will turn out well, but the certainty that something makes sense regardless of how it turns out."
- Vaclav Havel
Four years ago, members of the Congressional Black Caucus ran deliberately and vociferously into a brick wall when they chose to stand and protest the deplorable election calamity in Florida. They sought the name of one Senator, just one, which they could append to their complaints. Had they gotten that one name, a debate and discussion on what happened in Florida would have taken place in the House and the Senate. No Senator came forward, and the debate never happened.
Now, four years later, another election has come and gone. Now, four years later, there are rafts of evidence which point, once again, to overwhelming disenfranchisement of minority voters. Now, four years later, members of the Congressional Black Caucus, along with several other House members, plan to stand once again and protest an election that failed to live up to the standards required of participatory democracy. Now, four years later, they seek a Senator to stand with them.
This time, a Senator must answer the call.
Four years ago, standing up was politically dangerous. The country had just endured a month of mayhem and charges and countercharges and overheated rhetoric. The Supreme Court had ruled, a judicial version of the loud voice from Mount Ararat that cannot be contravened. The tablets had been handed down.
The mainstream news media had launched into the soothing refrain, "This is an orderly transition of power...this is an orderly transition of power," and a Senator standing up in Congress to swat the hornet's nest again would have, bluntly, gotten their butt kicked up between their shoulderblades. Recall the line from the film ‘The Right Stuff': "It takes a special kind of man to volunteer for a suicide mission, especially one that's on TV." Four years ago, no one was feeling special enough to volunteer. Do not forget, as well, that candidate Gore asked his Senate colleagues not to join the CBC, so that they all might "heal the country."
The politics this time around are comparably dicey. Mainstream media coverage of election irregularities in Ohio and elsewhere has been meager at best. What coverage there has been has managed to be simultaneously disparaging and uninformed. Take, for example, the editorial from the Cleveland Plain-Dealer directed today at Rep. Tubbs-Jones and Rev. Jesse Jackson: "(Kerry) had the good grace and sense to acknowledge the abundantly obvious, go home and resume his life. You might consider emulating his excellent example, because what you are doing now - redoubling your effort in the face of a settled outcome - will only drive you further toward the political fringe. And that long grass already is tickling your knees."
A Senator who stands with Conyers and the CBC risks marginalization. A Senator who stands with Conyers risks blowing their credibility to smithereens on the eve of a fight over Bush's wacky judicial nominations, and on the eve of a fight over the very existence of the minority's ability to filibuster. A Senator who stands with Conyers and the CBC risks being targeted for defeat by an increasingly effective GOP machine.
The difference this time around, however, cannot be overstated, and is the reason why a Senator must step forward. Four years ago, the argument was about replacing Bush with Gore. This time, despite the earnest desires of millions of people, such an option is not on the table. The process itself, barring another edict from Ararat, precludes the notion that someone besides Bush will take the oath on January 20th. If Conyers and company stand and object with the support of a Senator, the Electoral College hearing will adjourn, and both the House and Senate will hear two hours of testimony on the reasons behind the objection. After the testimony, the House and Senate will have a straight up-or-down vote on whether to entertain the objection. Given the GOP dominance in both chambers, the outcome of such a vote is preordained.
Even if, by some miracle, both chambers vote to uphold the objections based on the merits of the testimony, and Ohio's 20 votes are removed from the Electoral College count, the waters beyond are muddy. The constitution is vague as to whether the 270 Electoral College threshold is an absolute, or whether the candidate with the most Electoral College votes is to be declared the winner, regardless of whether or not that 270-vote line is crossed. Bush would still lead Kerry 266 to 252 if Ohio were subtracted, and in all likelihood, would carry the day with that lead.
The difference this time politically for any Senator who stands up is that this fight is not about and must not be about replacing Bush with Kerry. This is about making sure that the greatest democracy in the history of the world lives up to that title. Rev. Jesse Jackson put it best when he said, "If America is to be a champion of democracy abroad, it must clean up its elections at home. If it is to complain of fraudulent and dishonest election practices abroad, it cannot condone them at home. But more important, if our own elections are to be legitimate, then they must be honest, open, with high national standards."
A Senator must stand up with Conyers and open the door to testimony on this election in both chambers of Congress. A Senator must stand up so a national dialogue on how we run elections is created and carried forward. That dialogue must include:
• The fact that Ohio Secretary of State Blackwell engineered a series of outlandish maneuvers designed to deny citizens the ability to vote before and during the election, including junking vast numbers of new voter applications because they were not on postcard-weight paper, by making sure that heavily Democratic and minority voting districts did not have enough voting machines to accommodate the number of voters who came out, and by revoking access to public records of the election to citizens attempting to lawfully audit the poll books;
• The fact that Warren County election officials shuttered the public counting of votes based upon their claim that the FBI warned that terrorists were coming to attack them. No FBI agent anywhere on the planet has acknowledged issuing this warning, and the ballots in Warren County were subsequently left unguarded and unprotected;
• The fact that a county in Ohio shows more votes than registered voters; the fact that another Ohio county shows an underfunded Democratic State Supreme Court candidate getting more votes than an incredibly-funded Democratic presidential candidate; the fact that one machine alone in one county gave Bush 3,893 more votes than he actually got; the fact that another county registered an unheard-of 98% turnout rate, and that county subsequently handed Bush 19,000 extra votes; the fact that in another county, at least 25 voting machines transferred an unknown number of Kerry votes to Bush.
This list goes on, and on, and on.
Protecting the right to vote is not and must not be a partisan issue in this country. The fact that candidates of both parties too often acquiesce to the so-called Nixon Rule on elections - a tacit agreement not to argue the outcome of questionable elections, which came about after the riddled-with-inconsistencies 1960 presidential race - means that people who do violate the public trust by violating the sanctity of the ballot are safe from censure, especially if their actions lead to a victory.
In a perfect world, all 100 Senators would stand up because of one simple fact: They are where they are because of the vote, and if they do not protect that vote, it may be them looking at the short end of the stick come some future election day. All 100 should stand, but it only takes one. It only takes one to move us closer to that more perfect union, where every vote counts and every vote is counted, where the citizenry can trust that the people leading them were properly chosen, where partisans acting in the dark of night to thwart that simple, admirable goal are exposed and purged from our system.
Stand up, Senator. Stand up.
________________________________________
William Rivers Pitt is a New York Times and internationally bestselling author of two books - 'War on Iraq: What Team Bush Doesn't Want You to Know' and 'The Greatest Sedition Is Silence.'
-------
http://www.truthout.org/docs_05/010505W.shtml

Published on Wednesday, January 5, 2005 by the Capital Times / Madison, Wisconsin

Don't Certify Ohio Results
Editorial

The law of the land requires that, on a specified day following a presidential election, the Congress of the United States must certify the results of that election as having met the standards of legitimacy that should hold sway in the nation that describes itself as "the world's greatest democracy."
This is done before a joint session of the House and Senate when the electoral votes of the 50 states and the District of Columbia are opened, counted and then accepted as a fair and accurate representation of the will of the people in each of the jurisdictions involved.
The specified day for congressional certification of electoral votes is Thursday, Jan. 6, and it provides a rare opportunity to examine the troubled election systems of this country. If members of the House and Senate are honest with themselves, they will refuse to certify the electoral votes from the state of Ohio. The point of such a refusal is not to overturn the presidential election, or even to force a new vote in Ohio, where U.S. Rep. John Conyers, the ranking Democrat on the House Judiciary Committee, says that there remain "numerous unexplained irregularities in the ... presidential vote, many of which appear to violate both federal and state law."
At the behest of Ohioans who objected to the handling of the election, Conyers and the minority staff of the Judiciary Committee have conducted hearings and investigations of instances of voter disenfranchisement, flawed or corrupted voting machinery, and inappropriate procedures for counting and recounting votes. They have produced a compelling report itemizing and analyzing the irregularities. On the basis of that report, Conyers plans to object to the certification of the Ohio results.
Conyers will be joined by several members of the House, and we hope that U.S. Rep. Tammy Baldwin, D-Madison, who has previously joined Conyers in expressing concern about the Ohio irregularities, will be among them. More importantly, we hope that both Sen. Russ Feingold, D-Wis., and Sen. Herb Kohl, D-Wis., both members of the Senate Judiciary Committee, will join members of the House in objecting to the certification of the Ohio results.
Under the rules, when the electoral votes of each state are announced, the president of the Senate calls for objections. To force a debate, a written objection must be signed by at least one senator and one member of the House. If that standard is met, the Senate withdraws from the House chamber, and each body engages in a two-hour debate on the matter. Unless both the Senate and the House separately agree to the objection, the challenged electoral votes are counted.
Considering the partisan divide in both the House and Senate, which favors the Republican Party, it is unlikely that either chamber would agree to the objection. Thus, the raising of an objection is not going to block President Bush from gaining a second term. Rather, it would focus attention on legitimate concerns that have been raised regarding the Ohio vote and count, and on broader concerns about America's inconsistent and often flawed election processes - which vary so radically from state to state that genuine equal protection concerns arise.
Indeed, the tightly focused debate that would follow upon acceptance of an objection could be just what is needed to get this Congress, and this country, talking about the steps that must be taken to ensure that American elections provide a true representation of the people's will. Yet as of now, no senators have expressed their intention to sign the statement of objection to certifying the Ohio results. It is for this reason that we urge Feingold and Kohl to join Conyers and members of the House in forcing a debate.
© 2005 Capital Times
http://www.commondreams.org/views05/0105-36.htm

Published on Wednesday, January 5, 2005 by CommonDreams.org
The Moment Has Come for Media Reform
by Robert W. McChesney

The New Year is here, and as we take stock of the state of the world and our nation, we must put media reform even higher on our priority list. The movement to fix our badly broken media system is gathering momentum, but the decisions made this year could resonate for decades to come.
The frustrations of millions were echoed in Jon Stewart's no-nonsense critique of corporate media for "hurting America," shown live on CNN's Crossfire. People are tired of the media's partisan hackery, celebrity obsession, failure to hold government accountable, narrow range of debate, unchecked commercialism, and lack of investigative journalism.
Corporate media's failures constitute what legendary journalist Bill Moyers describes as the greatest threat to our nation: "Democracy can't exist without an informed public." Most Americans don't know that the presidential candidates and allied groups shattered all campaign finance records in 2004, spending $2 billion. That's right: billion. Most of that money bought political ads from the biggest media companies ... who gave us back deplorable election coverage.
The gap between rich and poor continues to widen, and more than 45 million Americans are living without health insurance, while Congress guts the critical programs that are the fabric of our democracy. Public education, Social Security, environmental protection, affordable housing, and accessible health care are all at risk.
Most Americans don't know the consequences of our ballooning $521 billion deficit and $7.1 trillion national debt. The media are silent as Congress dishes out some $125 billion every year in corporate welfare. We aren't told that global terrorism has continued to rise each year since the attacks of 9/11, while a full 49 percent of Americans still believe that Iraq had WMDs, and 52 percent believe Saddam Hussein was actively supporting Al Qaeda.
Is it any surprise that surveys showed many Americans went to the polls lacking the facts to evaluate the most important issues of our day? There is something terribly wrong when Americans know more about Martha Stewart's prison stay than they do about the torture scandals at Abu Ghraib and Guantanamo Bay.
The good news
Millions of citizens understand that our bankrupt media system is the direct result of government policies made in the public's name but without our consent. Unprecedented numbers of citizens joined together and organized to win a number of historic victories in 2004, proving that public participation is indeed the answer to the media problem. A genuine media reform movement is gaining momentum and getting results.
In 2004, the FCC's attempts to loosen ownership limits to let Big Media get even bigger were rejected by the courts and Congress after massive public opposition. Sinclair Broadcast Group was forced to retract its brazenly biased Stolen Honor "news" program days before the election. Almost every egregious action by big media corporations - once met with muted opposition - was greeted with a swift response from an increasingly unified, bipartisan and vocal public.
But that's just the beginning. A growing number of citizens are taking action to stop media conglomerates from getting bigger; to strengthen alternative, independent and non-commercial media; to force media companies to serve the public interest; to limit advertising directed at our children; and to make access to communications affordable and universal.
Looking Ahead
All of these issues - and more - will be on the chopping block when Congress reopens the Telecommunications Act of 1996, as it is expected to do this year. The question is to what degree these crucial decisions will be shaped by informed citizen participation rather than aggressive corporate lobbying.
Free Press (www.freepress.net), the organization I founded to increase informed public participation in crucial media policy debates, will be focusing its energy in the following four areas that offer the best hope for meaningful media reform:
• Media Ownership: Blocking Consolidation, Serving the Public Interest, Fighting Commercialization. While we don't expect the FCC to lift media ownership caps in the immediate future, it's a safe bet that they will try again in the next four years. We're keeping the issue in the news, conducting research and building the legal case for ownership limits in preparation for another Bush Administration attack on the public interest. We're also working to expand the number of low-power FM radio stations available to communities nationwide.
• Community Internet: Broadband as a Nonprofit, Public Utility. This is one of the most exciting and promising opportunities for media reformers. The goal is to offer affordable broadband Internet access to residents, businesses and local governments as a basic utility - just like water, gas and electricity. New wireless technologies allow local governments to offer faster, cheaper and more reliable access than ever before. But these innovations are being fought every step of the way by the biggest telecom monopolies. We must protect the rights of local communities to determine how best to serve their own citizens.
• Public Broadcasting & Noncommercial Media: Enhanced Funding, Diversity and Accessibility. True public broadcasting in the United States - long under attack by commercial media giants and increasingly strapped for cash - is now in serious jeopardy. In 2005, Free Press will launch a national campaign to organize a broad coalition to advance proactive policies that will generate secure, long-term funding for traditional, independent and other non-commercial media - including community radio, television, expanded public access programming, student media, and local independent newspapers and Web sites.
• Cable TV: Breaking Monopoly Control of Content. Today, 70 percent of television viewers are cable subscribers. The cable franchise renewal process - an agreement between a community and its cable provider - offers a terrific opportunity to increase access to community media and broadband Internet. Yet all too often, negotiations are done quietly with little public participation.
This much is clear: Media reform will not happen without all of us getting active and bringing renewed passion and commitment to building a system that serves our families, our communities and our democracy - not just the largest media corporations.
Robert W. McChesney is the founder and president of Free Press (www.freepress.net) and the author of The Problem of the Media.
###

http://www.commondreams.org/views05/0105-20.htm

Posted by richard at January 6, 2005 07:38 AM