The civil trial against Republican propagandist and con-artist Andrew Breitbart's salaried employee James O'Keefe --- a convicted federal criminal as well as propagandist and con-artist in his own right --- continues in San Diego where a former ACORN employee has sued both O'Keefe and his partner Hannah Giles for violations of California's privacy act.

The case arises from the secret video taping by O'Keefe and Giles of then ACORN employee Juan Carlos Vera, as part of the deceptively edited hit videos the pair would later release on Breitbart's several propaganda websites. Vera was terminated after the release of the videos, despite having committed no wrongdoing --- he had even notified local police about the pair, after he suspected they were up to no good --- as confirmed in a detailed report by the California Attorney General last year. O'Keefe and Giles, on the other hand, as the CA AG found, most likely "violated state privacy laws." While they were given criminal immunity by the AG in exchange for the raw, unedited video tapes, they remain liable for civil violations of the that law.

Now it appears Breitbart himself may be pulled into the case, and we're likely to soon learn how much he paid O'Keefe and Giles for their hit tapes.

U.S. Magistrate Judge Mitchell D. Dembin has adjudicated a discovery dispute by ordering both O'Keefe and Giles to disclose payments Breitbart made to them, as well as email communications and other relevant documents concerning the illicit video taping of Vera.

While that is likely to offer an interesting expansion of this story soon (and we'll offer a few more details from the court's ruling below), more than anything what caught our eye in this story for the moment, was the reporting by local journalist Heather Johnson of Courthouse News. She broke the story this week, and managed to actually report accurately on the details of O'Keefe and Giles' ACORN hoax.

On the other hand, the "paper of record" New York Times is still unable to do similarly. Even though we'd already forced a number of other corrections to their repeated misreporting on this, they've still managed to misreport the facts of O'Keefe's ACORN "pimp" hoax as recently as late last June and then again in late July.

So, to offer you (and, actually, the New York Times) an idea of what accurate reporting on O'Keefe --- a man who has, since his ACORN con, also pled guilty to a scheme involving an attempted wire-tap plot of a sitting U.S. Senator --- looks like, just read the first three grafs of Johnson's coverage this week...

Rightwing activists and propagandists James O'Keefe and Hannah Giles, employees of con-artist and propagandist Andrew Breitbart, may not use the First Amendment as an excuse for breaking the law in California, according to a federal judge's ruling this week.

Judge M. James Lorenz rejected the defendants' argument and motion for summary judgment in federal court, as part of the civil lawsuit filed against them by former San Diego ACORN worker Juan Carlos Vera.

Giles had previously thrown O'Keefe under a bus by arguing that she should not be held accountable at all for violating California's Invasion of Privacy Act [CA Penal Code § 632], since he, not she, was actually wearing the hidden video camera used to secretly tape their conversations with Vera, even after they had asked if their meeting would be kept confidential.

For his part, O'Keefe, a convicted federal criminal, argued that he was allowed to violate the law because the U.S. Constitution's First Amendment protected him as a "journalist". The judge ruled against the defendants on all points...

[Note: SD City Beat has now corrected their story as per our criticism in this article. See the UPDATE at bottom of this article for more details.]

The story quoted below, detailing Hannah Giles' attorneys tossing Rightwing hoaxster James O'Keefe "under the bus," comes from San Diego City Beat this week.

Please note, however, that SD City Beat's Dave Maass is still, unfortunately, misleading readers by incorrectly reporting that O'Keefe played Giles' "fake pimp partner" or that he ever "pos[ed] as a pimp" in the scam video tapes featuring deceptively and "severely edited" secretly-recorded interviews with ACORN employees.

O'Keefe never played or posed as a "pimp" in those interviews, as we spent a good portion of 2010 illustrating to the world, such that both the New York Times and its then-Public Editor Clark Hoyt both, eventually, were forced to admit in partial corrections to their repeatedly inaccurate reports making the same misleading claims.

It's a shame that Maass is still inaccurately reporting that part of the story here, as his report is otherwise good in bringing us up to date on the latest in the law suit filed against O'Keefe and Giles by former ACORN worker Juan Carlos Vera, one of those targeted by the hoax video tapes made by O'Keefe and Giles and published by their employer, Rightwing con-man Andrew Breitbart...

Rightwing dirty-trickster and convicted federal criminal James O'Keefe and his accomplice Hannah Giles are being sued for invasion of privacy by a San Diego ACORN worker.

Juan Carlos Vera was fired by the 4-decade old anti-poverty, pro-democracy community organization after deceptively edited and secretly recorded video tapes of a meeting Vera had with O'Keefe and Giles were released by the pair and published on Republican propagandist Andrew Breitbart's websites. The tapes were then widely aired on Fox "News", as well as non-Rightwing media outlets.

Vera is suing for at least $75,000 in accordance with California's Invasion of Privacy Act which, according to the short, four-page complaint [PDF] filed at week's end in U.S. District Court, "prohibits the recording of confidential communications without the consent of all participants where there is an objectively reasonable expectation that the conversation is not being overheard or recorded."

In April of this year, CA Attorney General Jerry Brown completed a five-month probe into O'Keefe/Giles/Breitbart's secretly-taped ACORN videos and found "no criminality" by any of the ACORN workers seen on what he described as "severely edited" tapes.

He did, however, find that O'Keefe and Giles themselves were likely to have violated California law, and could see private litigation brought against them...

A potentially interesting situation is underway in New York's 23rd Congressional district where post-election canvassing of the recent Special Election for the U.S. House is still underway.

According to Syracuse's Post-Standard, the post-election canvass shows the race between Conservative Party candidate Doug Hoffman, who conceded on Election Night, and Democratic candidate Bill Owens, who was sworn in as the district's new U.S. Congressman last Friday, to be tightening as results are double-checked, errors are being found, and a few thousand absentee ballots are still uncounted.

The race, regarded by many as a a bellwether contest before next year's full Congressional elections, appeared to have swung in the Democrat's favor on Election Night, following the suspension of the campaign of Republican candidate Dede Scozzafava who threw her support to Owens after she'd dropped out just days prior to the election.

On Election Night, Owens was reported to be the "winner" by just over 5,000 votes, with 93 percent of the votes tallied, leading to Hoffman's concession. Since then, various errors have been discovered in at least two different counties, resulting in a gain of some 2,000 votes for the Conservative Party's Hoffman, bringing the latest tally to 66,698 to 63,672. Closer, now a 3,000 vote margin, but still favoring Rep. Owens.

There were, however, some 10,200 absentee ballots requested and distributed. And, as we understand New York's state election laws, none of them have yet been counted. Many of those ballots were purportedly cast when Scozzafava was still in the race. At that time, according to Hoffman's campaign at least, they might have had an edge in the then-three-way contest. So it's possible, though believed to be a long shot, that Hoffman could gain enough votes in absentees to eclipse Owens.

This scenario --- a Congressional candidate quickly sworn in, based on unofficial results shortly after a bellwether Special Election before all votes have been properly counted --- should be a familiar one to long-time readers of The BRAD BLOG. A very similar situation occurred in the 2006 race to replace the jailed Republican Rep. Randy "Duke" Cunningham in California's 50th Congressional district.

While Republicans who stood in support of the Conservative Party's Hoffman this year --- he was endorsed by the likes of Rush Limbaugh, Sarah Palin, Glenn Beck, Michelle Malkin and the Republican Party itself (only after Scozzafava was pressured to drop out) --- are finding some cause for optimism in the still-narrowing margin. Limbaugh certainly has, at least according to his breathless reporting of the goings-on in NY-23 on his show this morning.

But the legal maneuvering and judicial precedent that the then-Republican-led House pulled in the Summer of 2006, in order to keep votes from being counted in the CA-50 Special Election and, indeed, to keep the voters of California from even being able to contest their own election, should ensure that Hoffman can no longer, legally, take possession of the House seat via any challenge in New York --- even if he's eventually found to have received more votes than Owens!...

On film in Burlington, VT...

Though I won't be there in person, the travelling Burning Fuse Film Festival hits Burlington, VT's Roxy Theater beginning today through October 1, and continues to feature Patty Sharaf's award-winning documentary, Murder, Spies & Voting Lies: The Clint Curtis Story in which I'm featured quite prominently. Remaining screenings are: Fri 9/25 @ 1:15p, Sat 9/26 @ 1:00p, Sun 9/27 @ 5:00p, Mon, 9/28 @ 7:00p and Thu 10/1 @ 3:30p. If you've yet to see it, we'll strongly recommend you check out this entertaining and enlightening (if horrifying at times) documentary, based on our own years-long investigation of the Clint Curtis/Tom Feeney vote-rigging scandal. More details on screenings and passes available here...

(NOTE: If you're not near Burlington, or even if you are, but would like to support our work, we are still offering DVD's of the film, as signed by both myself and Sharaf, as premiums to supporters of The BRAD BLOG. We enjoy no corporate or foundational funding, so we appreciate whatever you are able to offer to help us continue our work. See this item for details...)

In person in San Diego...

...Or did they?...

...Well, go figure.

That skill set should come in very handy down there in, of all places, San Diego, where the far-right Republican Board of Supes, and the far-right Republican Registrar of Voters office, have never met a hackable Diebold electronic voting system they didn't love.

I recall "Strider" (Krvaric) and the "Fairlight" boyz from my own C-64 and BBS "warez" swapping days in the late 80's. Those guys, and the other incredibly competitive pirate crews, could crack anything, anytime, usually within minutes after a new piece of software hit the market (and often, even before it did!).

But no doubt, the air-tight, mission-critical, impenetrable security in Diebold's voting systems would be beyond the reach of d00dz like Strider and friends. And, of course, there's far more to gain by a 17-year-old "Strider" cracking the codes of, say, International Karate Plus and Shoot 'em Up Construction Kit than there ever would be for him, as county GOP chair, to hack an election in San Diego, right? I mean, what would possibly be the upside to that?

Miriam Raftery's excellent two-part investigative exclusive for RAW STORY (and for me, at least, a trip down memory lane) is here (Part 1) and here (Part 2).

After virtually ignoring the issue for some six straight years, our hometown newspaper, The Los Angeles Times, has run a two-part, 2,800-word "series" on concerns about voting machines, right on schedule, just in time to do absolutely no good at all before next week's upcoming Tsunami Tuesday election in the state. Waytago, LATimes!

The series reports absolutely nothing that has not already been reported over the last several years here at The BRAD BLOG, which is why the LATimes folks makes the big bucks and we don't.

They do, however, include an important point at the very end of the second article, in quoting from one of the country's most notable long-time voting machine apologists, Kimball Brace...

Newly missing e-voting chips isn't the only election news to break out of the People's Republic of San Diego County today.

The sunny Southern California enclave, which has succeeded in making an infamous name for itself over the last several years by running some of the most poorly administrated and least transparent elections in the nation, is now suing California's Sec. of State Debra Bowen for her new security mitigation mandate requiring a hand audit of a random 10% sampling of ballots, in elections where the final result margin is less than one-half of 1%.

The full complaint may be downloaded here [PDF].

Deborah Seiler, the former sales rep for voting machine companies Diebold and Sequoia, who was recently named Registrar of Voters for San Diego County, believes Bowen's mandate is onerous in that it would "create extra work and delays" for her office following elections, as the North County Times described it.

Seiler and the county are "alleging that Bowen overstepped her authority in requiring new recount procedures in close races beginning in February," according to the paper, which quotes a spokesperson from Bowen's office defending the legal right of the Secretary to issue such directives as she sees fit.

Bowen's spokesperson, Nicole Winger, confirmed to The BRAD BLOG that the office is confident the Secretary of State may issue such "use procedures," along with voting system certification, which must be followed by counties that choose to use those particular systems. She adds that prior administrations have issued similar use procedures along with system certification, and that their statutory right to do so has held up in past court cases.

According to Winger...

Guest Blogged by John Gideon of VotersUnite.org

Two shipping tubes sent from the California Secretary of State's office in Sacramento to the San Diego County Election Office arrived without their contents. The tubes left the SOS Office with more than 174 memory chips, or Erasable Programmable Read Only Memory (EPROM), containing firmware for the county's Diebold/Premier central-count optical scan voting machines. UPDATE: Precinct-based op-scan chips confirmed by the SoS to be missing as well! See update info at end of article.

The tubes arrived in San Diego but they were empty. The chips are now considered to be either lost or stolen.

WIRED's Kim Zetter reports today...

According to Zetter, the new firmware was being sent to San Diego following software and security modifications made following the state's recent "Top-to-Bottom Review" of e-voting systems. The packages were sent from the Secretary of State's office after being packaged by Diebold/Premier employees with SoS personnel standing witness. The Secretary of State's office confirms that Diebold/Premier regularly uses Fed-Ex as their preferred shipper.

New chips will now be sent and the state says the February primary will not be delayed by the issue. The California Highway Patrol and Sacramento Police are now investigating.

But the story gets worse, in this LATE UPDATE (FROM BRAD):

Special to The BRAD BLOG by Miriam Raftery from San Diego, CA

“It’s like Armageddon,” Jill Michaels said, after watching her home burn to the ground in the Harris fire. In the early hours of the worst fire in California history, the Michaels family received no evacuation warning and found exit routes blocked, forcing them to turn back to their home in Potrero. Now, the Michaels are among half a million evacuees who have fled four raging wildfires, the worst fire disaster in California history. Worse even than the 2003 Cedar fire, which until now held that shameful record.

San Diego County now has more refugees than New Orleans after Hurricane Katrina. While reported loss of life thus far remains low, hundreds of thousands of acres have been scorched and countless people will soon return home--only to find themselves homeless.

Governor Arnold Schwarzenegger and local officials have made media appearances claiming credit for swiftly responding to the disaster. “There is much more equipment available, more manpower is available, quicker action,” Schwarzenegger said, according to the Associated Press.

What the Governor failed to mention is that he vetoed four bills that would have increased staffing and fire resources after the Cedar Fire, at a cost of tens of millions of dollars. A fifth bill, signed by Schwarzenegger, requires local governments to first submit safety plans to the California Department of Forestry and will not take effect until 2010, the Los Angeles Times reported in a May 20, 2007 article titled “Fire danger acute as 2003 lessons fade.” That article has since disappeared off the newspaper’s website, but a copy is here.

The same story cited Dallas Jones, former director of the Governor’s Office of Emergency Services and current official with California Professional Firefighters union. Jones damned Schwarzenegger for failing to provide additional firetrucks. “How many years are we since the ’03 fire siege?” he asked, “and so far, nothing.”

Other unfulfilled recommendations made to Schwarzenegger by his Blue Ribbon Fire Commission include replacement of aging fire helicopters, increasing staffing to assure four person crews on each state fire engine sent to major wildfires, and nighttime air drops.

A national contract fleet of heavy air tankers has fallen from 41 to 16 in the last five years, with aging aircraft deemed unsafe and grounded. The state firefighting fleet has not replaced two air tankers that crashed, the L.A. Times reported.

CNN reports that only 1,500 National Guard have been sent to assist Californians during the current wildfire crisis—less than 1/10 of the state’s 20,000 National Guard members. Clearly having the bulk of our National Guards forces deployed to war zones in Iraq and Afghanistan have hindered emergency response here at home.

In a letter sent to station management, as The BRAD BLOG reported in August, former Democratic Senator from Alaska, Mike Gravel, correctly wrote: "The increasing monopolization of the mainstream media today demands that we stand up for independent-minded, progressive voices out there like KLSD AM 1360 in San Diego."

He was the only Presidential Candidate, to our knowledge, to utter a word about it.

As reports emerge that progressive radio talker Ed Schultz' audience now matches Bill O'Reilly's, one has to wonder what the hell the Democrats --- specifically the rest of the Democratic Presidential candidates --- are thinking, as Clear Channel prepares to flip the only progressive talk station in the nation's sixth largest city over to an all-sports format any day now.

The busy Internet rumors suggest it could happen as early as this week. Station insiders have told The BRAD BLOG it's more likely to happen on November 1st "at the earliest", as the corporate bosses at Clear Channel get ducks in a row for what is currently seen as an "inevitable" flip.

It'll be one less major market for Big Ed, one of the Democratic party's biggest and most effective supporters. Though O'Reilly will, no doubt, remain on the air in San Diego, despite the damage and shame his irresponsible "reporting" brings to our Republic.

In late August, we detailed the first indications that corporate media behemoth, Clear Channel, was preparing to dump the progressive talk format at AM 1360 KLSD in San Diego. Citizens were outraged, signed petitions, wrote letters to station management, created websites and showed up at rallies to protest the imminent shut down of the station.

At the time, we suggested to both organizers of the protests and station personnel that they join with Air America (who has several shows airing on the station) to invite the Democratic Presidential candidates out to San Diego for an Emergency Debate focusing on one of the very reasons our country is in the mess that it is: Corporate Consolidation of the Public Airwaves.

It seems quite clear that such consolidation has not been in the best interest of the people who own the airwaves. And further, it seems clear that the corporate interests who lease access to that spectrum, from the people, don't give a damn about such interests.

And yet, to our knowledge, in the nearly two months since Clear Channel indicated they were preparing to flip the station format, only one Democratic Presidential candidate, Gravel, has understood the importance about speaking out against this outrage.

She's hinted as much previously, and her new security requirements issued in the wake of her landmark "Top-to-Bottom Review" of e-voting systems would seem to preclude them, but CA Secretary of State, Debra Bowen has now given her most direct comment to date on the matter of voting machine "sleepovers".

"Sleepovers don't comply with the security requirements," Bowen said in response to a question we submitted on the matter during a conference call with the Secretary sponsored by the Courage Campaign.

"It's really simple," she added, after a pause following her immediate, direct reply to the question.

She went on to explain how unauthorized access to a single machine, by a single person, could allow an entire county's election to be flipped, putting everyone's election at risk.

The complete question and Bowen's full answer is transcribed at the end of this article.

The matter of voting machine "sleepovers" --- the practice of sending pre-programmed, election-ready voting systems home with pollworkers, often days and weeks prior to elections, for deliver to polls on Election Day --- first became a controversy last year after The BRAD BLOG exposed the issue as it occurred during San Diego's special election to replace disgraced Republican U.S. House Rep. Randy "Duke" Cunningham. Our exhaustive coverage (see: Busby/Bilbray category) of the resulting scandal, continued throughout some 100 articles here.

The special election in San Diego was the first federal contest to have taken place after several analysis of Diebold's e-voting system found that the systems utilized undisclosed software code prohibited by federal standards. The particular type of code is banned at the federal level since it can be exploited to flip an election undetectably.

Subsequent studies at Princeton University and elsewhere revealed that inappropriate access by a single person, to a single machine, could virally affect every other machine used across the same county.

The revelations made the notion of voting machine "sleepovers" all the more stunning to those of us who recognized the remarkable threat the practice posed to the security of our elections...

Guest Blogged by John Gideon

It has just been announced by San Diego County that they have hired Deborah Seiler as their new permanent Registrar of Voters. Ms. Seiler joins the county elections office from her job as the Assistant Registrar in Solano County, California.

"Seiler brings unique elections experience from the state, local and private sector that adds valuable perspective at a crucial time," according to a press release (posted in full at the bottom of this article) as issued today by San Diego County.

All of which sounds great, until one does a moment or two of Googling --- particularly on that "private sector" point mentioned --- and Seiler's troubling past is quickly revealed to be yet more bad news for the voters of San Diego, who continue to get the worst of what American democracy is supposed to look like.

Look what we found out about Seiler...