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September 7, 2008 at 22:20:08

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Promoted to Headline (H3) on 9/7/08:
AZ Election Official Arrested for Flagging Tampered Ballots: Charged with Criminal Trespass

by Rady Ananda     Page 1 of 1 page(s)

www.opednews.com


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During Saturday's audit of Pima County (Tuscan) ballots from Arizona's primary election, official observer John Brakey was forcibly removed by sheriffs when he raised questions about possible ballot tampering.  At least seven ballot bags arrived unlocked or lacked proper chain of custody documentation.  Elections Director Brad Nelson had Brakey arrested and charged with criminal trespass. 

"I was doing my job!" Brakey said, who represented the Democratic and Libertarian parties in an official capacity at the state-mandated audit.  "The first thing you do is check the seals.  Are the ballot bags locked?  Do the numbers on the seals match the seal number listed on the documentation inside of the bag?  This lets us know that the ballots were properly stored and sealed by election workers, and arrived with chain of custody intact."   


Pima County, AZ Election Observer John Brakey

Brakey's attorney, Bill Risner, called the noon arrest "outrageous."  He plans to enter his appearance on Monday and will seek a trial on this matter.  He wants Nelson and the sheriffs to explain, on record, their removal of an election official who questioned improperly received ballots.  Risner explained:

"It's a bad situation here.  We have an incompetent Elections Director who is working against the interests of our political parties.  Nelson is intentionally creating confusion and slowing things up to blame the Democrats for his own internal problems.

"I'd be surprised if the prosecution proceeds. The whole essence of the crime requires that he be shown to have been unlawfully present at the counting center."

Election Defense Alliance is covering the story and dug up this television news video of the incident from KGUN TV, Pima AZ. FatallyFlawedTheMovie.com posted this lengthier video providing deeper coverage of the arrest.

Brakey noticed that seals on three ballot bags arrived broken.  He then asked nine counting teams if the documentation inside the bag, known as the "End of Day Certification Reports," were properly completed.  At least seven bags did not contain the legally required documentation.

"You can't count those ballots – there's no chain of custody," Brakey advised. When ballot bag seals are not properly affixed, anything could have happened to the ballots from the time they left the poll site on the 2nd.  A break in chain of custody, or lack of proper documentation of that custody, precludes any rational basis for confidence in ballots being audited.

Brakey observed the opening of one bag by Director Nelson, who pulled out a scrap of paper with two signatures scrawled on it.  Brakey questioned this, but Nelson assured him he knew those election workers and deemed those signatures valid.  "How can he know them? You couldn't even read those signatures, and there are 3,000 poll workers in the county."

According to the Arizona Daily Star, Nelson estimates incongruities were found with only two or three of 18 bags, likely caused by poll-worker errors on election night. While Nelson admits that asking questions is appropriate, he added that inquiries should be directed to him and not to the ballot-counters.  "He refused to direct questions to me," Nelson said.

Brakey advised he only spoke with ballot counters who were chit-chatting, and did not interrupt them from work.  After ascertaining that a bag had not been properly sealed or documented, he "advised them to watch for discrepancies."

That's when Brakey was asked to leave the building.  But he refused to leave until Pima County Sheriffs handcuffed and physically removed him.  Witnesses were shocked at the rough treatment, imploring the officers to go easy.  "He's got a broken wrist.  Be careful!"  Brakey's cast was recently removed, but the wrist is still tender.  "I've got a little swelling there now, but it's fine," he said on Sunday.  "But I squealed in pain when the cuffs were squeezed."

Brakey is a co-founder of Arizona-based AUDIT-AZ, which stands for Americans United for Democracy, Integrity and Transparency in Elections.  He also helps coordinate the Investigations Unit of Election Defense Alliance.  Election observation is a critical task that advocates have long promoted.  Brakey agrees:  

       "The problems we have with our elections are on the inside.  The solution is on the outside." 

Brad Friedman reports that Brakey is the “citizen hero (and yes, a community organizer!) who helped shepherd the landmark lawsuit recently brought by the Pima County Democratic Party resulting in the release of Diebold database files showing how voters actually voted in a 2006 election and earlier. The databases were sought after fraud was (and still is) suspected in a number of important elections and ballot issues.  Both Pima County and Diebold had opposed the release of information on how voters voted, citing security issues and Diebold's claim of ‘proprietary trade secrets.’

“The lawsuit was successful, as the judge ultimately disagreed with the County, leading to the largest release of such databases ever in this country.”  Attorney Bill Risner was lead counsel in that lawsuit.

Pima County, Arizona experienced a 24% turnout on September 2nd of 471,187 registered voters.  Two-thirds cast "early" ballots while the rest voted at the polls.  All the votes were counted on Diebold-Premier optical scanners.  Diebold-Premier recently admitted a flaw in its GEMS program that drops votes, which the company said could not be fixed before November's presidential election.  The flaw exists on all Diebold voting products sold in the last ten years.

 

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41 comments


Brakey knows where the dirt is in AZ

and he is willing to fight it. And officials there know it.

Thanks for the excellent report on this important story - John Brakey is one of a kind, he fights for justice, and he is willing to make personal sacrifices to do it.

Oh, and he is a whiz at catching election fraud. 

 

by ncvoter (19 articles, 1 quicklinks, 1 diaries, 112 comments [2 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 12:22:23 AM

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Reply: Wny not just make the tallies up out of "their head"

Have the elections been taken over, lock, stock, and unlocked election bags, by CIA.  I was accosted by one of Connie McCormack's "officials" a couple years ago, and it was made painstakingly clear that this is not about laws, but about ROV whims, and told that I should like it, and so forth.

 This is an important story, and one that will no doubt be buried by MSM as much as is it is within their power ( i.e., that is direct proportion to how big a groan we let out, and broadcast ).  To think his superior would have him arrested for ~gasp~ trying to vouch for the security and chain of custody of the votes.  This sounds absolutely like false arrest, but of course, it's just another criminal techniques, by official criminals, to spirit the patriot away under lock and key, while they fiddle with the locks and keys in his absence, the ones that have been tampered with on the ballot bags.

Now, I just hear that they're pulling Keith Olbermann off his anchor spot of election coverage, because McCain and his wind-up doll complained. 

While we try to improve voting process, the key is to ensure enforcement of our laws, such as those pertaining to "false arrest."

 ~John Ervin

by muservin (4 articles, 0 quicklinks, 0 diaries, 78 comments [5 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 2:27:25 AM

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Reply: Very good posting, my friend!

Just one humble suggestion:

 The pink background makes your words difficult to read - and you most definately should be read! Just a thought.

peace....

Tom Degan

www.tomdegan.blogspot.com

by Tom Degan (23 articles, 0 quicklinks, 2 diaries, 45 comments) on Monday, Sep 8, 2008 at 8:30:28 AM

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Reply: lol I think they DO make up the numbers

the state of elections in this nation is an absolute joke. who can believe them.

on the positive side, the local media is all over this story. in Pima, they are doing their job.

we need more citizens like Brakey

he is a real pit bull with this stuff... one of the investigators we need to heed.

[NOTE:  A friendly reader privately wrote me about my use of the term 'pit bull': "pit bulls can be amazing, compassionate, very gentle beings. Many are killed or mistreated due to societal mis-preceptions, which , imho, would be better off being dispelled. Wanna help with that?  ;-) "

 I totally agree with her and meant 'pit bull' positively - as in tenacious.  I kinda doubt the breed will ever lose that reputation, given its ability to lock jaw on an enemy.  Being a dog lover, I hate that the American Staffordshire Terrier is often trained for to-the-death dog fights.  And yes, I've met more than one absolutely adorable, lovable pit.

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Monday, Sep 8, 2008 at 7:14:20 AM

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Reply: Brakey gets the prize

Brakey should get a medal for putting his life and limb on the line to protect our country and citizens-  He is a true hero to all good patriots, regardless of political affiliation. This story highlights the regime's intolerance for people willing to stand up and rage against the evil machine-   I've been tossed out of Logic and Accuracy tests for complaining to officials about the inherent  lack of transparency (  due to the secret software code  ) -     Hopefully the Bev Harris and Alan Dechert's of the world will rally together and get this mess cleaned up . We need to get out en masse to observe county procedures in the upcominig election- Though we will not be able to observe the vote count due to secret software, at least we can shine a light on the broken chain of custody issues-  

by Brent Turner (1 articles, 0 quicklinks, 0 diaries, 94 comments) on Monday, Sep 8, 2008 at 11:23:28 AM

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First they came for the Welcoming Committee...

Then they came for the election observers...

 

The criminals are criminalizing any attempt to hold them accountable.

by Dave Berman (54 articles, 0 quicklinks, 7 diaries, 49 comments [2 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 12:51:04 AM

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Reply: when election observers are arrested

there can be no doubt the election is fraudulent.  why would any politically savvy elections director go to the extreme of arresting an official observer unless he had something to hide.

for the sake of voter confidence, Pima County ought to demand the immediate resignation of its Elections Director. Clearly the man has no clue about what actions are appropriate in a democracy.

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Monday, Sep 8, 2008 at 7:18:08 AM

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Reply: Great Example -- Look Deeper

Of course he's got something to hide, Rady!  Maybe he can stand on "State Security" as a pillar for secrecy (like Nat'l Security is used on the bigger stage) of what might have transpired.  An immediate non-partisan investigation "look-see" has got to be mandated.  This smaller can-o-worms should be exploited by citizenry to get the facts straight.  Then it should be applied liberally as a matter of protocl to upper eschelon cases where ?questionable? events have taken place.  THE RIGHT TO KNOW BY THE CITIZENRY IS WHAT IS CALLED NATIONAL SECURITY!

by boomerang (0 articles, 7 quicklinks, 0 diaries, 556 comments [215 recommended, 1 rejected]) on Monday, Sep 8, 2008 at 7:35:07 AM

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This is not uncommon.

Elections officials don't like the public trespassing on their private elections. ROFL

by Mark E. Smith (21 articles, 30 quicklinks, 100 diaries, 1325 comments) on Monday, Sep 8, 2008 at 1:38:57 AM

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Is anyone surprised?

Given the nature of the times in which we live, while this is indeed shocking, it is hardly surprising. There was a time when I would just laugh at a person's paranoia that the "jack-booted thugs" were just around the corner.

I am not laughing any more.

Tom Degan

www.tomdegan.blogspot.com

 

 

by Tom Degan (23 articles, 0 quicklinks, 2 diaries, 45 comments) on Monday, Sep 8, 2008 at 8:15:23 AM

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Absolutely revolting

More proof that our election process is a complete farse.  False arrest is a crime. This crime must be prosecuted. The Arizona primary should be redone at the criminals expense. So much for representative democracy.

by john riggs (0 articles, 0 quicklinks, 0 diaries, 463 comments [24 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 11:50:53 AM

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THANKS RADY!

Fabulous coverage ...

by Meryl Ann Butler (70 articles, 82 quicklinks, 5 diaries, 721 comments [29 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 11:54:18 AM

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facts

interesting that your article made no mention of the firearm Brakey had on his person in the tabulation center and what role that played in the election officials desicion to call in the sheriff's deputies.

by jeff Farias (0 articles, 0 quicklinks, 0 diaries, 2 comments) on Monday, Sep 8, 2008 at 12:32:21 PM

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Reply: Is that a fact?

Why was there no mention of this on KGUN TV News?

Here's a fact: John Brakey is a congenital pacifist.  He once stepped into a boxing ring with a bully, and without taking a swing himself, allowed the bully to pound him till the guy hurt his hand...

by David Griscom (11 articles, 0 quicklinks, 1 diaries, 51 comments [28 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 1:01:47 PM

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Reply: Searched the internet high-and-low to find a Brakey firearm

Searched the internet high-and-low to find a 'Brakey firearm' connection with not ONE hit.  Web, blogs, and news!  Nada.  I also notice you've only posted one comment.  Is this your first?  Might want to do a little more fact checking or provide a link next post.

by Amanda Lang (23 articles, 14528 quicklinks, 442 diaries, 731 comments [17 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 7:49:28 PM

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Reply: brakey doesn't even own a gun

ok, I followed up.  this appears to be a nasty rumor. 

while it may get more interest on your radio show to create something that would discredit Brakey, it would serve democracy more if you pursued Brad Nelson's actions.

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Monday, Sep 8, 2008 at 8:59:41 PM

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Reply: Jeff is lying - not originally, but he now knows the truth.

John Brakey doesn't have an Arizona concealed weapons permit and owns no firearms of any kind.  He doesn't even carry a pocketknife, and has never, ever come close to performing an act of violence that I've ever seen or heard of - and I've spent LOTS of time with him and have seen him occasionally pissed off :).

 

The guy with the gun was me.  And this caused no problems whatsoever.  It's no secret that I do have an AZ concealed weapons permit, and like the Pima elections administrations (who are also "gun guys") I know the rules.  The county building where the elections office is does NOT post as a no-weapons zone, and none of the required lock-boxes for gun storage are present.  The elections director and deputies asked that I disarm; a compromise was politely worked out whereby I would stash my "goodies" in an unused, card-key-secure room.  Nothing more was said about it and I was granted access to that room and my hardware upon leaving, all in accord with AZ law.

 

If I'd wanted to make a stink, I could have.  The impromptu procedures they came up with might not have been applied to others, including elections staff and others present who I know also regularly pack :).  But like John Brakey, my preference is for peace; unlike John I have a "plan B" if peace doesn't work out :D and I make no apologies on that point.

 

In any case, lacking the permit, had John been strapped he'd still be in jail.  Since Jeff Farius admitted today on the radio that he was mistaken several hours ago, he should have come back here to correct the record.  (Yo Jeff: on the radio today, you admitted you already knew it was me packing versus John. You also stated that it was me strapped "like it was a bad thing", in a semi-snarl.  I'm no more embarassed about being armed than you are about talking on the radio, so if you think that was a put-down, all I can do is shrug.)

 

IN OTHER NEWS: I've begun the public records process to sort out why John was actually arrested.  I'll post separately about what that has revealed so far.

 

by Jim March (0 articles, 0 quicklinks, 0 diaries, 3 comments) on Monday, Sep 8, 2008 at 10:33:05 PM

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Reply: Jeff put out an unverified rumor--I was surprised

I have to agree with Jim.  Jeff's apology seemed like a dig to Jim. Why would a radio host like Jeff put out an unsubstantiated rumor?  I thought he did not do it but then I was presented with the question of who would impersonate Jeff and hastily have his first comment be an inaccuracy after 74 weeks of commenting on nothing?  I feel like we are being purposely led down a path to nowhere--we get blocks from elections officials, attacks on our credibility and then they fight us over trivial matters.  There is a lack of transparancy that persists even after we fight to get it and it seems that some of the powers that be--Democrat and Republican want it this way.  Also there is the silence of complicity.

by SusanBA (0 articles, 0 quicklinks, 0 diaries, 3 comments) on Tuesday, Sep 9, 2008 at 1:09:44 AM

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Reply: Where Jeff may have gotten the rumor...

Jeff's wife is a senior permanent staffer at the Maricopa County (AZ) elections office, and like her boss is very critical of election integrity efforts in general and John Brakey and I in particular.

 

There's a very good chance the rumor about John being illegally strapped came from her.

 

by Jim March (0 articles, 0 quicklinks, 0 diaries, 3 comments) on Tuesday, Sep 9, 2008 at 1:23:20 AM

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Absolutely fabulous article, Rady!

Nothing much I can add but a little background.

John Brakey and I became great pals in the run-up to the 2004 Election in Tucson.

And in the aftermath of that Election, we both sensed that it was stolen, though for different reasons.  I had been following meta-analyses of the pre-polling that showed Kerry winning by about the same percentage that he is “officially” supposed to have lost by.  (I knew meta-analysis to be a sophisticated mathematical method used in science to reliably combine data on the same subject taken by many different methods; these data were not likely to have lied.)  On the other hand, as Democratic Cluster Captain for four polling places in Tucson’s 27th Legislative District, John had encountered poll workers at three of those sites doing irregular things and hiding from him the carbon copies of the poll books to which he was entitled.  By the end of the day, he concluded that those poll workers were up to something.  And John decided to find out just what that something was...

The stories of John’s approach to the forensics of the 2004 Election at Tucson Precinct 324 and my contribution to the analysis of his data are told in my chapter of the new book, “Loser Take All – Election Fraud and the Subversion of Democracy, 2000-2008,” edited by Mark Crispin Miller.  The other chapters of this book are all written by true experts in sleuthing and proving election fraud, so I highly recommend that everyone concerned about election fraud buy a copy (to run it up to the best seller list) and read it through.

Still, the main insight I want to provide here surprised me greatly when I first saw the evidence:  It’s not the Republicans stealing General Elections from Democrats; rather, it’s a neocon/theocon/global-corporation cabal stealing ALL elections – including Republican primaries.  Until this is understood, we’ll have a lot of “good guys” fighting other “good guys.”  Fortunately, Democrats and Republicans in Arizona figured this out – as you can read in the short history I’ve posted here:

http://impactglassman.blogspot.com/2007/12/concise-history-of-election-integrity.html

But it is the following video link that absolutely blows my socks off!  Republican member of the Pima County Board of Supervisors, Ray Carroll, with repeated “out of order” support of John Brakey from the back of the room (and a whole room full of aroused citizens!) induced the other four members of the Board to absolutely reverse a decision they had made only hours earlier.  In consequence, the board agreed to release ALL Pima County election-computer data bases, not just the single one already mandated by judicial order.  Watch this!:

http://www.sweetremedy.tv/pages/forcedagenda.html

This was a big, BIG win for all “good guys!”  Thank you, John Brakey.  Thank you Ray Carroll!

by David Griscom (11 articles, 0 quicklinks, 1 diaries, 51 comments [28 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 12:45:56 PM

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Reply: welcome background info

Thanks so much, David, for providing the links to the history surrounding this arrest.

Hats off to you, David, Ray and the rest of the gang in Arizona.  Keep up the great work.

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Monday, Sep 8, 2008 at 1:38:36 PM

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Count All the Votes

Hi,

Count ALL positions on all ballots at the precinct level in view of the public,
at ALL elections. on election night.

All ballots includes early votes, mail-in votes, precinct cast  votes.  Get rid
of the so-called provisional ballots...let the voters cast real ballots.

All elections include fed, state, and all local elections.

After sealing all election results, perform a VERIFICATION COUNT . 
Yes, perform a VERIFICATION COUNT process because of the fact that
BOTH manual hand count process and machine count process have been
proven to be prone to errors.  These errors come from the voters, workers
election officials, machines, etc.  The NH JAN/FEB/MAR 2008 full state wide
re-count of every position on every ballot indicated the type of errors that
can/did occur.

 After the official release of the vote counts have laws in place to allow
for recount request with trigger levels of 1%/2%/3% etc.  Allow the request
to be submitted by citizens, candidates, parties/PAC, election officials, etc.
Don't make the requeaters pay for the recount process. 

Constitutional considerations:  Every citizen should not be denied their full
Voting Rights. 

Yes, it means more work for us poll workers and election officials...that what
it is all about, we should sware to give the citizens a fully VERIFIED COUNT.

 Thanks and Good Luck,

Frank Henry
Cottonwood, Arizona
Tel:  928-649-0249
e-mail:  fmhenry4@netzero.com

 

by Frank Henry (0 articles, 0 quicklinks, 0 diaries, 2 comments) on Monday, Sep 8, 2008 at 12:49:36 PM

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Reply: I totally agree

Because ballots are under constant scrutiny at the poll site on Election Day, we voters can have a high level of confidence in their authenticity. But once those ballots are removed from the poll site and/or are removed from constant public scrutiny, we have no rational basis to trust the ballots are authentic.

And hell, yes, let's verify the count. - but again, that should be done THAT night, at the poll site, while under constant public scrutiny.

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Tuesday, Sep 9, 2008 at 10:56:37 AM

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All corruption needs to be rooted out

Comment from Ratings:   I guess I am getting tired of the fight but I don't know what alternative there is. I am sure it is not just Arizona where this is happening but it is where I live and I am outraged about this abuse of the election system here. This is something that must be investigated and taken care of soon. This election is too important to let these thieves get away with this.

by Gini GOLDIE (0 articles, 0 quicklinks, 0 diaries, 1 comments) on Monday, Sep 8, 2008 at 1:33:50 PM

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This is an outrage...!

and just where the hell are the Democratic and Libertarian voters..? They should be out in the streets raising holy hell with the Sherriff's Department, with the Secretary of State, with the "Senators", and demanding that this be brought to the attention of the whole country....lets get this information out people..don't just tuck your tails and slink away like a poor abused dog...!

by Susan Nelsen (0 articles, 0 quicklinks, 0 diaries, 287 comments) on Monday, Sep 8, 2008 at 1:44:19 PM

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Fascist America


“Fascism in America won’t come with jackboots, book burnings, mass rallies, and fevered harangues, nor will it come with black helicopters or tanks on the street. It won’t come like a storm—but as a break in the weather, that sudden change of season you might feel when the wind shifts on an October evening: Everything is the same, but everything has changed. Something has gone, departed from the world, and a new reality will have taken its place. All the old forms will still be there: legislatures, elections, campaigns—plenty of bread and circuses. But “consent of the governed” will no longer apply; actual control of the state will have passed to a small and privileged group who rule for the benefit of their wealthy peers and corporate patrons.

To be sure, there will be factional conflicts among the elite, and a degree of debate will be permitted; but no one outside the privileged circle will be allowed to influence state policy. Dissidents will be marginalized—usually by “the people” themselves. Deprived of historical knowledge by a thoroughly impoverished educational system designed to produce complacent consumers, left ignorant of current events by a corporate media devoted solely to profit, many will internalize the force-fed values of the ruling elite, and act accordingly. There will be little need for overt methods of control.

The rulers will act in secret, for reasons of “national security,” and the people will not be permitted to know what goes on in their name. Actions once unthinkable will be accepted as routine: government by executive fiat, state murder of “enemies” selected by the leader, undeclared wars, torture, mass detentions without charge, the looting of the national treasury, the creation of huge new “security structures” targeted at the populace. In time, this will be seen as “normal,” as the chill of autumn feels normal when summer is gone. It will all seem normal.”

— November 10, 2001
Moscow Times (English Edition)

by ed in iowa (0 articles, 0 quicklinks, 0 diaries, 1 comments) on Monday, Sep 8, 2008 at 6:01:22 PM

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AZ election official arrested!

Comment from Ratings:   Holy Crapola! I should have known AZ has a crooked guy in charge! What a heroic thing to do in these scary times. I hope MSM reports this...but don't have much hope in that. Sheesh.

by szn46 (0 articles, 0 quicklinks, 0 diaries, 44 comments [4 recommended, 0 rejected]) on Monday, Sep 8, 2008 at 6:27:03 PM

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RADY; great article! posted it at mybarackobama.com

And it is safe to say hundreds of thousands will read it there:

 Three important articles at mybarackobama.com: #1. NO MAGIC ELIXIR: TIME FOR OBAMA AND BIDEN TO GET OFF THEIR POSTERIORS, by John McCutcheon, Writers for Obama http://my.barackobama.com/page/community/post/stephenfox/gG5pyk

2. Ursel Mayo, Michiganders for Obama, Economic Reasons to Vote for Obama and Biden! This list of stores closing as a result of the Bush/Cheney Bad Economic Policies is really quite staggering, and will be very useful in convincing fencesitters and undecideds!
  
http://my.barackobama.com/page/community/post/stephenfox/gG5pfn

This is a very important article, and ask you to read it and forward
it widely throughout the Midwest, and really to friends, relatives, and colleagues in all of the BATTLEGROUND STATES. I saw these statistics weeks ago, but never made the connection as to how this really was a massive rebuke to Bush/Cheney economic policy, and 8 years of shoveling monies into military, "defense" spending, Blackwater, Halliburton, Kellogg Brown and Root, ad nauseum

3. Also, some shocking news from Arizona about ballot box irregularities:

AZ Election Official Arrested for Flagging Tampered Ballots: Charged with
Criminal Trespass, by Rady Ananda

http://my.barackobama.com/page/community/post/stephenfox/gG5pKy

YOUR COMMENTS AND PARTICIPATION IN THIS DIALOGUE ARE MOST WELCOME!

Thanks,

Stephen Fox
Contributing Editor, New Mexico Sun News
stephen@santafefineart.com

by Stephen Fox (96 articles, 3 quicklinks, 11 diaries, 802 comments [33 recommended, 1 rejected]) on Monday, Sep 8, 2008 at 6:29:39 PM

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Reply: thanks for spreading the word

and that was way cool of you to include my bio. now can we get rid of these awful election officials and shoddy voing equipment?

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Monday, Sep 8, 2008 at 6:38:22 PM

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Chain of Custody

The chain of custody of ballots is an important issue that we need to encourage election integrity activists to look at in all the states.  I appreciate John Brakey asking questions and highlighting the issue.

On a previous comment, it seems unlikely to me that Jeff Farias actually made the comment. When you click on the name, it says he has had an account for 74 weeks on OpEdNews but has made only one comment.

by SusanBA (0 articles, 0 quicklinks, 0 diaries, 3 comments) on Monday, Sep 8, 2008 at 7:24:55 PM

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Have you presented these facts officially to Arizona AG?

Seems like an obvious next step!

by Stephen Fox (96 articles, 3 quicklinks, 11 diaries, 802 comments [33 recommended, 1 rejected]) on Monday, Sep 8, 2008 at 7:48:55 PM

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I was wrong !

My sincerest apologies to Mr Brakey.
I was misinformed.
It was not John Brakey who brought a gun to the election tabulation center it was Jim March.

John Brakey has always presented himself to me as a peaceful and decent man and I was wrong to assume the worst of him without asking him first.

For this I am profoundly sorry.

by jeff Farias (0 articles, 0 quicklinks, 0 diaries, 2 comments) on Monday, Sep 8, 2008 at 8:08:41 PM

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Reply: thanks for this apology, Jeff

This raises my esteem of you.

Doesn't Arizona allow citizens to carry weapons?  Aren't those weapons checked when election observers/counters/officials arrive on premises? 

I guess I want to know why you are questioning a cultural phenomenon when the Elections Director and his wife, reportedly, routinely use their lunch hour for shooting practice.  Their guns are on premises, apparently. 

If it is the cultural norm for Arizonians to carry weapons, why are you questioning that norm in this context?  It appears you are still attempting to discredit citizens who volunteer to safeguard our elections.

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Tuesday, Sep 9, 2008 at 11:02:45 AM

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RADY, I ASKED ALL OF THESE TO CALL AZ.ATTORNEY GEN TOMORROW

Arizona Action Team

Members: 1136 Access: Public Created: Jan 22nd, 2008

The Arizona Action Team is a group of people dedicated to growing the movement for change in Arizona. Members get special opportunities for Obama for...(more)

Arizonans for Obama

Members: 885 Access: Public Created: Feb 10th, 2007

Let's unite in our efforts to see that Barack Obama is the next President of our great United States!!!!

Arizona Young Democrats for Obama

Members: 406 Access: Public Created: Feb 10th, 2007

Arizona Young Democrats that support Sen. Barack Obama for President of the United States.

Arizona Women for Obama

Members: 178 Access: Public Created: Feb 14th, 2007

Let's unite and create an open forum for all who support Barack Obama.

Prescott Arizona For Obama

Members: 112 Access: Public Created: Feb 14th, 2007

Liberal and compassionate people for Barack Obama!

Southern Arizona

Members: 89 Access: Public Created: Feb 20th, 2007

Southern Arizona! There sure are a lot of us now (1.2Million+) and we can make a difference. If you’re from Ajo, Amado, Arizona City, Benson, Bisbee,

Northern Arizona University for Obama

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All NAU students and Flagstaff people are invited to join, please do! Lets try to get Barack Obama up here, so we can ask him the real questions. Wh...(more)

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I'm looking for creative people to bring their unique minds together to positively support what may be THE historic event of our time. not looking for...(more)

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Arizona Veterans for Obama

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Attorneys of Arizona support Barack Obama

by Stephen Fox (96 articles, 3 quicklinks, 11 diaries, 802 comments [33 recommended, 1 rejected]) on Monday, Sep 8, 2008 at 8:36:42 PM

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Reply: drop the charges; hand count all the ballots

AT THE PRECINCT, on election night, before all who wish to observe.

your dedication is admirable... !!!

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Monday, Sep 8, 2008 at 9:09:19 PM

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POST-EVENT ANALYSIS via public records - first "blood"...

I went back into the "den of iniquity" known as the Pima Elections Office today, to begin the process of sorting out just what really happened during that hand-count.

 

First, understand that nine precincts were chosen at random by party officials (all three, LP, Dem and GOP) the night before.  Saturday AM, agreement was reached to add another nine so as the Sr. LP rep present (well OK, *only*...), I helped randomly pick another nine.

 

The first nine precinct bags were already present, so we started on those while the next were fetched from another area.  This is important.

 

What John noted was that among those nine, at least seven bags had "chain of custody issues" of some sort.  In some the bags lacked the tracking info sheet hand-written by pollworkers that was supposed to be in there, in others the tracking info was present but spoke of a seal number different from what was on the outside of the bag, while in other cases the seal was either missing completely or inadequately attached so as to allow unrestricted (and untracked) access to the bag's contents.

 

The number could have been higher in that first nine but John was booted for asking too many questions before he could finish checking.  And this booting was at least in part at the suggestion of the GOP party chair, Judy White.

 

Of the next batch of nine, at least one are known to have funky seal issues, including precinct 139 (second batch) that I personally inspected that day and reported as a serial number mis-match.

 

(Soon after John left, the remaining Democratic Party credentialled observer (Mickey Dunahoe) was asked to serve as an additional hand-counter.  The *appearance* is that this prevented Mickey from catching and following up on the same issues John had found and been booted for.)

 

CRITICAL POINT NUMBER ONE:

 

According to election director Brad Nelson, speaking on camera today (did I mention the two guys with video cameras following me?), Brad says that out of 100 ballot bags, he would expect no more than 5% to have funky seals of any sort.

 

Therefore, a 7 out of 9 "screwball rate" among that first batch is a shocking statistical spike.  The unproven (so far) implication is that the ballots were examined and/or tampered with the night before the hand-audit, starting moments after the parties hat-picked precincts on Friday.

 

Continuing Investigation

 

I was able to obtain the recieving board forms showing who checked in the ballot bags.  Most were from temporary citizen workers at recieving boards; very rural areas used Sheriff's deputies for the same function.  The final canvass and official results are scheduled for Friday so I have three days to find those people and figure out what happened.  I doubt many (if any) are involved in a vote-hacking conspiracy, certainly not all, therefore it should be possible to check what's going on here.

 

It boils down to this: either this election WAS hacked somehow, or there was an effort to hide serious machine failures, or the processes and procedures (and pollworker training) under Nelson's management are so bad that the paperwork is going to stink on a much higher percentage of bags than Nelson's 5% guesstimate.

 

At this moment I have no clue which of these three possibilities is going on.  I'll report back when I know more.

 

I'll tell you this though: ALL THREE possible scenarios paint Brad Nelson's management in a bad light.  As does his known dating of at least one staff member, as does his office's habit of printing the "who's winning and losing" reports up to nine days pre-election until we spotted that in the audit logs and put a stop to it (we hope), as is his letting staff take CDs with election data on them home during election cycles as an "off-site backup plan", as does his penchant for secrecy, his bullying nature, I could go on for days. Fellow "gun guy" or not, I have no use for this dude as an elections official.

 

Basically, Nelson has given the county good reason to fire him almost a dozen times over.  The fact that he still works there at all suggests...well, that he has something(s?) on the Board of Supes of Pima County, or a powerful protector.

 

If it's possible to do so, I'll get to the bottom of this...and yeah, while legally and unabashedly armed to the teeth.

 

Post-script on John's arrest: while I didn't see it happen or even know of it until later, I'm told by witnesses that it happened in the hallway just outside the room I was counting in.  I WAS NEAR THE DOOR;  had John been in any way loud or unruly I would have heard it.  John sure as hell CAN be loud, he'll be the first to tell you that, but he wasn't in this case!

by Jim March (0 articles, 0 quicklinks, 0 diaries, 3 comments) on Monday, Sep 8, 2008 at 11:07:48 PM

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Reply: Very interesting. Ask Arizona Attorney Gen. to investigate!

This is a real crock, and the big guys in the media should have picked it up, even the NY Times, by now....did the big Phoenix papers have a story on this? Conscientious election official arrested for asking too many questions? I don't like the sound of this. Maybe it portends Ohio and Diebold all over again.....

by Stephen Fox (96 articles, 3 quicklinks, 11 diaries, 802 comments [33 recommended, 1 rejected]) on Monday, Sep 8, 2008 at 11:58:34 PM

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Reply: Hand Count Audit throughout Arizona

I am concerned. It seems like the hand count audit is being purposely defeated through various methods and not only in Pima County. The "perfect" results do not make sense knowing there is an element of machine error.  Isn't there anything we can do before the next hand count audit to compel the elections officials to do this by the book as required by statute? Further, we need to insist that there are political observers of both parties present in each room where the hand count audit is taking place and not let observers be tricked into participating in the audit.

by SusanBA (0 articles, 0 quicklinks, 0 diaries, 3 comments) on Tuesday, Sep 9, 2008 at 1:24:29 AM

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Reply: thanks for update; look forward to full report

Thanks, Jim.. please do post your follow up as a full article.

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Tuesday, Sep 9, 2008 at 7:22:05 AM

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Reply: What the Arizona Attorny General says is really important.:

so hopefully, Arizonans calling will take some notes and report back on this site or as comments on the next article. We can't drop the ball on this one.

by Stephen Fox (96 articles, 3 quicklinks, 11 diaries, 802 comments [33 recommended, 1 rejected]) on Tuesday, Sep 9, 2008 at 10:26:05 AM

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Part of the Problem is the Solution..it's just a lot of work

  John Brakey sounds like a decent American doing a lawful business with exceptional procedural detail. That is the solution to the election frauds, including the registration of seal and "every person" including AAG's, Federals and politico who enter any voting procedure. That is one of the "trails" that are omitted--along with the attention to seals upon the bags and transfer cases.

   Of course a false arrest or one applied under a color of law is subject to civil damages.  But that cannot be part the criminal charge. It's falseness should not be simply dismissed, but used to preserve--and provide for civil damages. But that is a lot of work in which the State ( even through its AG's office) preserves the problem.

   The Governor , of course , might step in.

by Eliot Gould (16 articles, 0 quicklinks, 28 diaries, 200 comments [3 recommended, 0 rejected]) on Wednesday, Sep 10, 2008 at 10:57:53 AM

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