In a press conference held this afternoon in Juneau, Alaska's GOP nominee for the U.S. Senate, Joe Miller, finally conceded the election to write-in candidate and incumbent Republican Senator Lisa Murkowski. He has decided not to appeal his federal case as dismissed by a U.S. circuit court judge on Tuesday. See AP's coverage for more on today's announcement.

Having followed the failures of Alaska's Diebold election system for years, The BRAD BLOG followed the race between Miller, Murkowski and Democratic nominee Scott McAdams closely over the last several months, as it served to offer, yet again, another reminder of the importance of full transparency and citizen oversight in (small "d") democratic elections and the need to reconsider the use of electronic tabulation systems which ultimately leave all of us wondering if election results are accurate and if this nation can consider itself as having anything approaching the self-governance envisioned in our Constitution...

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After requiring Alaska's GOP U.S. Senate candidate Joe Miller to file his federal lawsuit by Monday (yesterday), the federal judge in the case has now dismissed it without even waiting for the reply from the state, which was ordered due by Wednesday (tomorrow).

From Anchorage Daily News as posted within the last hour...

Last night we published our detailed analysis of Joe Miller's federal complaint, in which he pointed out Constitutional questions about the way in which the Diebold optical-scan system was used to tally votes. We also pointed out what might have been a fatal flaw in his complaint. Whether Miller will appeal Beistline's decision remains to be seen.

Beistline's 14-page dismissal is here [PDF].

UPDATE 8:22pm PT: A few thoughts after reading Beistline's dismissal...

The ignorance on display in this CNN interview segment concerning Wikileaks and Julian Assange yesterday is simply astonishing.

I'd expect the misinformed idiocy and/or out and out lying from one of the guests, former Bush Admin Homeland Security Advisor (now a paid CNN contributor) Fran Townsend. But the amount of ignorance about the profession of journalism, on display from CNN's very own journalist here, Jessica Yellin, almost defies words. Happily, Salon's Glenn Greenwald, a Constitutional attorney and actual journalist was the other guest on hand to help straighten both of these women out.

Watch the video, be amazed, and then I'll have a few more words on it below, as it mirrors another recent --- and embarrassing --- WikiLeaks-related segment on CNN, which we critically covered before later receiving a response from both CNN and host Don Lemon...

The week before last, we took CNN and host Don Lemon to task for a WikiLeaks segment in which, among other problems, they started off with a package that compared Assange to Bonnie & Clyde and other criminals who did things like, ya know, actually commit crimes, like killing people and stuff --- none of which either Assange or WikiLeaks has done. Not by a long shot. CNN's on-screen chyron for the segment was, shamefully, "ASSANGE: JOURNALIST OR TERRORIST" (no question mark even included)...

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[Update 12/28/10: Federal judge dismisses Miller's complaint. Details now here...]

"We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future," Alaska's "Tea Party"-supported, Sarah Palin-endorsed GOP candidate for the U.S. Senate, Joe Miller said in a statement today calling for "fairness and transparency" in the election process, issued after filing an amended complaint in federal court. His statement concludes with the simple sentiment: "Election integrity is vital."

Miller has decided to press on in his election contest against the state's Lt. Governor Mead Treadwell and their Division of Elections (DoE), as overseen by Treadwell, by filing a Substitute Amended Complaint for Injunctive and Declaratory Relief in U.S. District Court in Alaska today. The filing comes after resounding losses in state court and --- if the state's hand-count of write-in ballots and the Diebold optical-scanner tallies of all the other ballots are to be believed --- to Republican write-in candidate Sen. Lisa Murkowski in November's general election for the U.S. Senate. As the unofficial state count now stands, Murkowski reportedly defeated Miller (and Democratic candidate Scott McAdams) by more than 10,000 votes.

In the statement (posted in full at end of this article) Miller explains that his team has decided to forgo challenging Murkowski's official certification as the winner, allowing her to be seated in the U.S. Senate on January 5th.

"The integrity of the election is vital and ultimately the rule of law must be our standard. Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month." he said, "This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue."

But Miller's decision to drop his challenge to Murkowski's seating may prove to be a fatal blow to his case --- at least if precedent set by Republicans in Congress some years ago, ironically enough, is any indication. But more on that below.

After winning the GOP nomination against Murkowski, and then reportedly losing to her unprecedented write-in bid in November, Miller originally filed his election contest in federal court in November. U.S. District Court Judge Ralph Beistline subsequently responded by sending the case down to state court for initial adjudication on relevant issues of state law. Late last month, Beistline temporarily halted state certification of the race until those issues were decided, and last week the state's Supreme Court rejected Miller's appeal, siding with the state, on all counts.

Beistline had given Miller until today to re-file his amended complaint in federal court. His filing now includes just three counts asserting violations of the U.S. Constitution's "Election Clause" and "Equal Protection Clause" as based on both the DoE's liberal interpretation of state law in counting write-in ballots, as well as the disparate weight the hand-count of those ballots was afforded, versus those tallied by Diebold optical-scanners in the case of "pre-printed" candidates...

As this noteworthy New York Times editorial was buried by its publication on Christmas Day, it's worth highlighting here today in hopes that a few more folks may actually read it.

To date, the lack of alarm (by both media and, subsequently, the public) caused by the idea of major U.S. financial services companies serving as little more than instruments of unofficial U.S. governmental policy is troubling enough as is. That WikiLeaks, the organization being outrageously penalized by these enormous corporations, has been been charged with absolutely no violation of law, makes the actions of these banks even more extraordinary and chilling.

And finally, the entire affair is made most disturbing of all, perhaps, due to the fact that in 2010 none of this seems to come as much of a surprise to anybody, as reflected by the lack of concern expressed in the bulk of the mainstream media and, therefore, by the populace at large (most of whom, thanks again, MSM, likely have no knowledge of any of it, or why it's extraordinary in the first place)...

Full report...

Well, that's it. I've changed my position! WikiLeaks has finally gone too far!

[Hat-tip to "Cedar Park".]

A "turducken" is defined by Wikipedia as "a dish consisting of a de-boned chicken stuffed into a de-boned duck, which itself is stuffed into a de-boned turkey." Sounds pretty close to what we've just witnessed in the closing hours of the 111th Congress.

Conventional wisdom, at least that flogged by the MSM over the last 24 hours or so, has it that somehow Democrats shocked the nation by finally stepping up their game and doing the extraordinary in the lame duck session by passing an unprecedented number of their hard-fought initiatives, many thought to have been otherwise dead (or waiting for reconsideration in the next, more heavily Republican-weighted Congress).

Not to be a contrarian here, or even a Christmas curmudgeon, but while the Democrats deserve credit for hanging in there on a number of important initiatives, rather than tossing up their hands and walking away in the face of unprecedented, historic obstructionism by the GOP, it's a fact that the major legislation finally passed can hardly be seen as any sort of "progressive," or even "liberal," victory. It all may well represent a Democratic victory, if a short-lived one, but that only demonstrates how successful Republicans have been in pushing Dems far to the right, and how willing Democrats are these days to celebrate the passage of center and center-right (and even hard-right) legislation, almost all of which was depressingly low-hanging holiday fruit to begin with...

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