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Diebold whistleblower Stephen Heller compared to Daniel Ellsberg, Pentagon Papers

By Bev Harris, Black Box Voting  Posted by Joan Brunwasser (about the submitter)     Permalink
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opednews.com

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Permission granted to reprint, with link to
http://www.blackboxvoting.org. According to Cleveland Plain Dealer,
linked further down:

"Michael Kohn, general counsel for the National Whistleblower Center,
sees Heller as a "quintessential whistleblower" in the vein of Daniel
Ellsberg, who released the classified Pentagon Papers to The New York
Times in 1971. The Times' publication of lengthy excerpts shed
damaging light on the U.S. military's execution of the Vietnam War.

"This is a very rare instance," Kohn said of the Heller case, "in fact
the only one of which I'm aware, in which a whistleblower has been
charged with a felony. I find it outrageous."

The documents allegedly leaked by Heller show Diebold lawyers
budgeting for Diebold's criminal defense, after they advise their
client that engaging in certain acts might invoke criminal
prosecution. Following the leaking of these documents, Diebold was
referred by Calif. Secretary of State Kevin Shelley to Calif. Attorney
General Bill Lockyer, recommending criminal charges. Lockyer failed to
prosecute Diebold.

Yet Heller goes to trial today for allegedly leaking the documents
proving that Diebold knew in advance that it was lying to the
California secretary of state.

The lies Diebold and Jones Day told were material, and caused the
elections for the 2004 presidential primary to melt down in Alameda
and San Diego counties. Hundreds of polling places were unable to make
the customized-but-lied-about firmware work, disenfranchising
thousands of voters. Another whistleblower, James Dunn, confirmed in
an affidavit that the very system misrepresented by Jones Day
attorneys was in fact altered in unauthorized ways.

Jones Day admitted on April 21, 2004 that it was their idea to make a
representation to the secretary of state that the software was
unaltered. Now Jones Day is complaining because it claims exposure of
this lie through its documents cost "up to one million in legal fees."
It's true that Jones Day had been expecting hefty fees from Diebold --
because the documents showed a budget for Diebold's criminal defense.

Heller was fired from his job after being arrested in connection with
the Jones Day documents. Black Box Voting has contributed $10,000 to
Heller's defense. More is needed. To donate to the Stephen Heller
defense fund, click here:
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http://www.hellerlegaldefensefund.com

Dunn Declaration:
http://www.bbvforums.org/forums/messages/1954/27423.html

Discuss this article here:
http://www.bbvforums.org/forums/messages/1954/27423.html

* * * * *

Because the information was publicly released, it was able to impact
public policy. Every day that evidence is withheld from the public
means one more election gets run on defective, hackable equipment that
also miscounts votes by accident.
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STILL UNRESOLVED: GEMS central tabulator hackability - it's alive and
well and has never been corrected.

STILL NOT SOLVED: Diebold memory card hackability -- though test labs
claim that Diebold misrepresented the interpreter and interpreted code
to them, so they improperly passed the system, allowing it to be
certified -- the system is STILL certifed.

STILL OUT THERE TICKING LIKE A TIME BOMB: Customized Windows CE
operating system on the Diebold TS-R6 and TSx touch-screens. Used to
penetrate the system in Emery County, Utah. Test labs now admit they
should have tested it, but didn't, and the systems were improperly
certified. The problem has not been corrected and is likely to impede
the integrity of the 2006 federal election.

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