In or near Los Angeles tonight (Tuesday)? Please come on by the Fairfax Cinemas (7907 Beverly Blvd.) at 7:30pm for a special screening of Uncounted: The New Math of American Elections. I'll be speaking at a Q&A afterwards, along with filmmaker David Earnhardt, "Diebold Document Whistleblower" Steve Heller (who is both featured in the film and now also an occassional BRAD BLOG guest blogger!), Mimi "Dharma & Greg" Kennedy of PDA, and all of it hosted by the good Jerry Quickley of KPFK/Pacifica.

Oh, and psst...say the super-secret password "NO DIEBOLD!" at the box office tonight, and get $3 off your ticket! But don't tell anyone! We'd like to keep that as much of a secret as Diebold's own passwords for all of their voting systems ("1111").

If you can't make it tonight (for some crazy reason), and if you've yet to see Uncounted (for some crazy reason), and you haven't helped support The BRAD BLOG lately (for some crazy reason), special editions of the DVD, as signed by the filmmaker, are still available for online donations of $50 or more. Snail mail works as well, to: Brad Friedman, 7095 Hollywood Blvd., #594, Los Angeles, CA 90028.

We'd love the support, and you'll love the film. And we'd all love to see you tonight if you happen to be in the hood.

P.S. The film is also screening at the San Diego Film Festival this Thursday and Saturday at 5pm. I'll be heading down for a Q&A following the Saturday showing there, so I expect to see everybody in person by the end of this week! Thank you.

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

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

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

I don't mind admitting it. For an Election Integrity journalist, HBO's Recount is pure pornography. Anticipation for Sunday's Memorial Day premiere showing was at the top of last weekend's holiday agenda. And the excitement grew still more late Friday when the good folks of PDA Florida made my week (my month? my year? my last four eight years?) by sending me an actual Palm Beach County "CES Votomatic III" voting booth, one which they tell me was among the 24 used in HBO's film itself.

Since I have a very difficult time paying the bills around here --- contrary to popular opinion, election integrity blogging isn't the windfall it might otherwise appear --- perhaps I'll consider the kind gift a reward for my too-many years on this beat. Though perhaps my consolation prize would be a better way to look at it.

When I first opened it, actual chads (HBO's film advises the plural of "chad" is actually "chad") from the 2000 election spilled out of the machine all over the office floor. The gods of democracy and the goddess of the Butterfly Ballot were taunting me. I rather enjoyed it. I learned long ago that I'd have little choice.

So it was with great anticipation that I sat down on Sunday night to watch the film as it premiered, along with the "Diebold Document Whistleblower" (and my new colleague at VelvetRevolution.us) Steven Heller and his wife, and Robert Carillo Cohen, one of the filmmakers of HBO's landmark documentary, the Emmy-nominated Hacking Democracy which enjoyed a re-airing earlier in the day, as the cable net set the stage for its newest democracy thriller/heart-breaker, Recount.

None of us, including Heller, who anticipated hating the fictionalized re-telling of America's crushing democratic abortion of 2000, would be disappointed...

Guest Blogged by Stephen Heller

I am no longer a felon.

In brief, I became known to some as the "Diebold Whistleblower" when, in January of 2004, I stole and exposed legal documents [PDF] proving that Diebold Election Systems, Inc. was using and planned to continue using illegal, uncertified software in their California voting machines. (By the way, Diebold recently changed its name to Premier Election Solutions, but don't let that fool you; it's still the same bunch of idiots.) Details about my case can be found here and here [PDF].

The documents I stole were covered under attorney-client privilege, so my theft was a serious crime. In February of 2006 I was charged with three felonies. On November 20, 2006, I plead guilty to one felony count of unauthorized access to a computer, and in exchange for my guilty plea and a restitution payment of $10,000 to the law firm from which I stole the documents, the law firm promised they wouldn't bring a civil suit against me, and I was put on felony probation instead of being sent to jail. The term of probation was to be at least one year, and as much as three years.

Now, one year after my guilty plea, because I've stayed out of trouble and because I'm a first offender, the judge has reduced my felony to a misdemeanor. Sometime in 2008, my lawyers will petition the court to have my misdemeanor expunged.

The bad part is that the most troublesome aspect of my probation is still in force. Before I can accept a job at which I would use a computer networked to one or more other computers (basically any job for which I'd be qualified), any potential employer must write to the judge in my case, tell him that they know about my conviction and that they still want to hire me, and then we have to wait until the judge responds with a "yes" or a "no" before I can accept the job and start work (and then only if the judge says "yes"). So as you can see, employers will be falling all over themselves to hire me.

Yeah, right.

Meanwhile, my wife (an actor, filmmaker and writer) certainly hasn't lost her sense of humor. She had been calling me Felonious Punk, but now that I'm no longer a felon, she's switched to Mister Meanor. Ain't it great being married to a comedy writer?

To be clear, breaking attorney-client privilege is a very serious crime, and I accept responsibility for what I did. I'm still being punished for it, and so far the punishment has cost my wife and me over $210,000 - and counting. $210,000 is an enormous amount of money to us. My wife and I have paid and are continuing to pay a very high price for my crime.

But, as we're not Republicans, we might have expected that.

Which got me thinking about other crimes in America that have recently been committed or alleged, and what's happened to those involved. Among the first of many, Lewis "Scooter" Libby comes to mind...

Not enough time today to give more than the quickest of notes on this, but I'm sitting in this evening on the Sunday Monitor as Guest Host here on Houston's Pacifica Affiliate, KPFT 90.1 FM.

I'll be taking the place of the good Pokey Anderson and interviewing "Diebold Document Whistleblower" Stephen Heller on both his plight and his feelings on the latest Election Reform issues.

Tune in, if ya can, via http://www.KPFT.org at 4pm PT (7pm ET, or 6pm CT locally here in Houston).

POST-SHOW UPDATE: Here's the audio archive of the full hour-long show. Including a new round-up of the week, my interview with Stephen Heller, and an interview on legal and impeachment issues with Marjorie Cohn, president of the National Lawyers Guild...

Guest Blogged by Stephen Heller

The truest act of patriotism is to protect the public from a corrupt and wasteful government.
-- TheFirstWhistleblower.org

The United States government and American corporations are counting on you to keep your mouth shut.

According to Transparency International's Peter Eigen, the World Bank estimates that every year corruption costs one trillion dollars. Here in the United States, billions of our tax dollars are stolen every year due to corruption, bribery, fraud, willful malfeasance and misfeasance, and plain old greed. And if you come across evidence of this fraud and corruption, you are expected to keep quiet about it.

The government and the corporations want you to shut up. Stay asleep, people. Nothing to see here, just move along. Go to work, earn your pay, watch TV so you'll know what products you should be buying, then go to the mall and buy them. Don't worry about what your government is doing, don't think about what the corporations are doing, just trust us and be good little "sheeple." Just. Shut. Up.

To hell with 'em.

Don't shut up. Don't let the bastards win. When you see something, say something. Take a deep breath, and blow that whistle HARD!

You should know that you'll probably get hammered for it. You'll likely lose your job, get harassed and threatened, you might even be charged with a crime.

I know whereof I speak...

I recently interviewed whistleblower Stephen Heller, while guest hosting Cynthia Black's Action Point on Air America/Nova M Pheonix.

It was Heller's first live broadcast interview and his wife Michelle Gregory also joined us for a bit. A documentary film crew was on hand to capture the event.

Heller is the Los Angeles actor who stole incriminating documents while working as a temp at Diebold's powerful law firm Jones Day and turned them over to Bev Harris of BlackBoxVoting.org who, in turn, gave them to Ian Hoffman at the Oakland Tribune where many of them were published. The documents showed that Diebold had illegally installed uncertified hardware and software in California during the 2004 primary, which led to the decertification of their touch-screen DRE voting systems in the state.

Incredibly, Heller was many years later --- notably, long after the 2004 Election --- charged with three felony counts. He eventually pled guilty in a deal to one of the charges, as he discussed during our interview, to protect his family. As well, he was given the assurance that he'd serve no jail time and the charges would likely be removed entirely from his record after a year or so.

The complete audio and text transcript of the half hour interview is now posted here.

Here's just a few of the highlights from Heller's first live interview:

On why he took the documents in the first place...

On the privatization of our public election system...

On not being able to talk while he was under indictment:

On whether he believes himself to be a whistleblower:

On the legitimacy of Diebold elections and George W. Bush...

All of that, plus what happened when police raided his home, why it took so long for charges to be brought, his wife Michelle's plan to write a book on the life of a wife of a whistleblower (check the full interview to learn the planned title ) and much more.

We'll soon be publishing a guest blog from Heller here at The BRAD BLOG, on whistleblowing and why those thinking about doing it, should.

The complete 3/25/07 interview with Stephen Heller, both the audio and text transcript, is now posted here...

I'll be sitting in again this week as Guest Host on Sunday for the good Cynthia Black Nova M and Air America Phoenix' Action Point with Cynthia Black on 1480am KPHX.

This week, we'll have a live broadcast exclusive first as Diebold document whistleblower Stephen Heller will be LIVE in studio to be interviewed on air for the first time! We'll also take your calls! As well, CODEPINK's Jodie Evans will join us to discuss the Democrats courageous Iraq Policy, or lack thereof. Don't miss it! More details follow...

Special to The BRAD BLOG by Guest Blogger Stephen Heller

Hi, my name is Steve Heller. Some have referred to me as the "Diebold Whistleblower." For those unfamiliar with my case, you can find a good summation here. You can read articles about the resolution of the case http://www.bradblog.com/?p=3826\">here, here and here.

Brad has been kind enough to allow me this chance to thank you, the progressive community, for all the help and support you gave my wife and me during this very difficult time. We could hardly believe the incredible amount of emotional sustenance and encouragement, as well as all the financial donations to my defense fund, that we received.

We heard from people from all parts of the United States (including Guam and Puerto Rico), and from many parts of the world; the United Kingdom, Japan, Holland, the Netherlands, Germany, France, Brazil, New Zealand, and quite a handful from Canada. Of particular pride to us were the handful of notes and even donations from U.S. military personnel; those really meant a lot to us. We know that soldiers don't make any money, and for some of them to kick in a few bucks for my defense fund really touched me. They're being asked to give so much, and here they were trying to help me and my wife. Truly, we were astounded at the support we received, and I cannot begin to thank all of you enough. Thank you so very, very much. A thousand, million times over, I thank you, and my wife thanks you.

I can't find the words to express our appreciation and thanks to all who donated to the defense fund. In mostly small amounts, the donations added up to enough to cover all the legal expenses we incurred after the fund was established, and that was an astounding thing. Such an outpouring from the world wide progressive community was humbling. I don't know if I would have been as generous to someone in my situation as people were to me, and for me that's a lesson learned.

In many ways, the smaller donations meant more to us than the larger ones. I'll never forget getting a card with a crumpled $5 bill inside and a note written in the quavery handwriting of an elderly person. The note said "I'm sorry this donation is so small, but my monthly check will only go so far. Good luck and God bless you." I can't even begin to describe how much that note, and so many notes and emails like it, whether accompanied by a donation or not, meant to me and my wife. Everyone who contacted us received a reply, either by email or letter, but please allow me to thank you all yet again.

At the risk of embarrassing some people, I want to mention a few names of those who really were exceptionally kind and generous with their time and in many cases even with their hard-earned money…

In an exclusive statement sent to The BRAD BLOG earlier today excoriating the privatization of America's voting system, whistleblower Stephen Heller says, "Diebold has shown they cannot be trusted to run elections in America."

He oughta know.

As we reported last night, Heller pled guilty yesterday in an agreement with Los Angeles prosecutors, after his arrest earlier this year on felony charges related to his release of attorney-client privileged documents he obtained while working as a temporary word-processor at Diebold's law firm, Jones Day.

The agreement, which required him to sign an apology, pay $10,000 in restitution, and not discuss the documents he released, may also allow Heller's felony conviction to be reduced to a misdemeanor charge after one year of "good behavior."

As well, in exchange for Heller's signed apology and commitment not to discuss the documents themselves (which are already publicly available since he released them originally to both the media and Election Integrity activists), Jones Day signed an agreement that they would not sue him in civil court in the matter.

In a phone call this afternoon, Heller explained Diebold's enormously powerful law firm --- where he had worked at night while pursuing an acting career by day --- had informed him that they'd planned to convert any criminal felony conviction in the case into a civil suit. Had the case gone to trial, he explained, and been successful, Jones Day had promised a lawsuit claiming losses of "well over a million dollars." Such a suit "would have left my wife and I impoverished for the rest of our lives," Heller says.

He went on to tell us that the plea deal conviction was characterized by his attorneys as a "wobbly felony" --- one that will likely be reduced to a misdemeanor after a year, as long as he "doesn't do anything bad." He quickly added, "which I have no intention of doing."

A court date of Nov. 15th, 2007, has been set to review the case in order to determine if the sentence will be reduced and, among other things, allow Heller to have his right to vote in California restored!

"Yes, I am now a disenfranchised voter as a convicted felon," he told us today with no small amount of irony in his voice.

Despite California having decertified Diebold voting systems in 2004 after Heller's release of documents showing the voting machine company had violated state law and that they may have been planning to lie about it to state officials --- and even after the state and election watchdog BlackBoxVoting.org eventually agreed to settle a fraud complaint with Diebold for $2.8 million dollars in the bargain --- Heller is, for the moment, unable to vote in the Golden State due to his conviction.

All of this, of course, despite those who've denounced the arrest of Heller on the grounds that they believe, as we do, that he is an heroic whistleblower who exposed important information --- illegally or otherwise --- because it was in the best public interest of the country.

California does have a "Whistleblower Law," which prevents employers from exacting retribution against an employee who "has reasonable cause to believe that the information [being released] discloses a violation of state or federal statute." That law, unfortunately, doesn't seem to apply to apparently over-zealous County Prosecutors such as Los Angeles's Steve Cooley.

Heller has promised that he will share "the whole story" with us in a Guest Blog special to The BRAD BLOG after the holidays.

In the meantime, however, his agreement at least does not keep him from speaking his mind about Diebold, electronic voting, or the private corporatization of our public democracy. Earlier today, Heller followed up on his promise of last night and emailed us the following statement with his opinions of the current state of our electoral system in America:

The BRAD BLOG wishes to express our deepest and most heart-felt gratitude to Heller for his courageous and selfless act of civil disobedience. As bad as our electoral system is now...and make no mistake, it is in tatters...we shudder to ponder the state we'd currently be in without patriots like Heller who continue to fight for free, fair, honest, and transparent elections in America --- at no small cost to either themselves or their families.

On behalf of The BRAD BLOG and likely millions of democracy-lovin' Americans: Thank you, Mr. Heller.

UPDATE 8:48pm PT: Oakland Tribune's Ian Hoffman is the first MSM'er out of the box to pick up on this story. Hoffman first reported on Heller when when the Trib ran the Diebold documents given to them while Jones Day sued to stop them. His coverage tonight is quite good and worth the read.

Stephen Heller, the Los Angeles whistleblower who turned over documents from Diebold's attorney, Jones Day, in 2004 showing the Voting Machine Company had illegally installed uncertified hardware and software in California --- and was preparing to lie about it --- has pled guilty, according to a statement tonight from the LA County District Attorney's office.

In an email moments ago from Heller, he tells us that he and his wife "are very happy it is over."

Heller, whose story we detailed in an article [PDF] published by Hustler some months ago, was a temporary worker at the voting machine company law firm when he stumbled across the troubling documents.

At the time, we quoted Michael Kohn, general counsel for the National Whistleblower Center, as saying, "This is a very rare instance. In fact, the only one of which I’m aware, in which a whistleblower has been charged with a felony. I find it outrageous."

Outrageous indeed --- especially considering Diebold voting systems were decertified by the state when it was found the company was attempting to game the certification process, shortly after Heller shared the documents with the Oakland Tribune and election watchdog BlackBoxVoting.org.

But Heller doesn't have the same kind of money for high-priced attorneys that Diebold does (that would be your money that Diebold uses for this sort of thing, by the way); we're not suprised he opted for the deal.

In an email message from Heller sent to The BRAD BLOG tonight, he wrote:

The LA County DA's statement says Heller pled to "unlawfully accessing the company computer in connection with its legal representation of Diebold Inc." and they quote his formal "apology" as follows:

A notice added tonight to the Stephen Heller Defense Fund website says "The case has been resolved! More details will follow soon." It goes on to thank supporters, urging them to "check back soon because Stephen is going to post the entire story here soon."

Heller tells us he's being contacted by the media tonight and plans to send a more detailed statement to The BRAD BLOG by morning.

UPDATE: 11/21/06 5:00pm PT: As promised, a new story, including a fresh exclusive statement from Heller --- concerning his thoughts on Diebold, American Elections and that he may have his sentenced reduced in a year --- is now posted here.

Blogged by Brad on the still long and winding road...

Yes, I'm still on the road and will continue to be until at least the end of this month. Still travelling across the country for various double-super-secret meetings and projects, and even the occasional (very occasional, unfortunately) day spent off the grid entirely to catch up on some rest and enjoy the waning days of summer. There's a lot going on in the background --- fortunately or unfortunately, depending on how you may see it --- so despite my best efforts, I haven't found much peace and quiet, even while not blogging here regularly. Oh, well. At least I've got it better than Stephen Heller, who really may be "taking one for his country" (see below.) Much to come on those background developments in the coming weeks and months in either case.

For now though, a couple of quick points...

-- HARTMANN ON THURSDAY...

I'll be checking in with Thom Hartmann's radio show for a very brief catch-up on Thursday, 2pm Eastern Time. See the "Media Appearances" section in the red box above for details.

-- HELLER IN HUSTLER NOW...

My article for Hustler on Diebold whistleblower Stephen Heller --- who is now thanklessly facing trial for three felony counts concerning documents he released from Diebold's California law firm, Jones Day, just prior to Diebold being decertified in the state back in 2004 --- is now on newsstands. So consider that an excuse to go out and buy this month's issue, or you may download the article right here in pornography-free PDF format instead.

-- CHICAGO ON FRIDAY & SATURDAY...

Heading to Chicago this weekend to a) attend the DNC's annual gathering of state party chairs and other such officials who may or may not wish to see me on Friday (this should be interesting,) and b) emcee Illinois Ballot Integrity Project's big Take Back the Vote, election protection event outside of the city, in DuPage County, on Saturday. Speakers at the event, other than yours truly, to include our old friends Fooled Again author Mark Crispin Miller, Bob Fitrakis of the Columbus FreePress and Robert Koehler of Tribune Media. It is one of several upcoming Election Protection events around the country being sponsored in part by VelvetRevolution.us (see VR's homepage for a number of other events, some of which I'll also be attending, with more on the way in California, Ohio and elsewhere.)

In the Chicago 'hood this weekend? Please stop by and say hello! More details and info on the event right here. I'll be the bedraggled one, with only slightly more of a tan than I had before I left, but with a happy-to-see-ya smile nonetheless...so please come on by!

8/17/2006: UPDATE! POSSIBLE SCHEDULE CHANGE!: Incredibly late in the game, the DNC has now invited me to address some of their people at a Saturday afternoon round table, which occurs at the same time as the event in DuPage County! Having not (yet) figured out how to clone myself, and now making the difficult decision that a few minutes time speaking directly to the DNC about the mess on our hands may ultimately be more fruitful than emceeing the DuPage event, I may now be either late or a no-show at the Illinois Ballot Integrity Event! Depending on what time I finish with the DNC event in downtown Chicago, I'll then speed out to the DuPage event to make it for at least some of that event...if at all humanly possible. If it's not possible for me to make it out there at all, I hope I'll be forgiven... Yeesh... What a mess... Here's a 53-second video of Thom Hartmann underscoring why this matters... (Hat-tip to Ginny Ross of Election Defense Alliance!)

...And now, back to your regularly scheduled BRAD BLOG sans Brad (for the most part)...