Robert Kengle, who served under Acosta at the Justice Department’s Voting Rights Section, says Acosta’s unsolicited letter to the courts was "cheerleading" for the GOP. "It was doubly outrageous," he said, "because the allegation in the litigation was that these were overwhelmingly African-American voters that were on the challenge list," precisely those whose right to vote the Justice Department was charged to protect.
Acosta was not among the attorneys fired by Bush. In fact, he is now the federal attorney in Miami.
Eyewitness testimony from throughout the state confirms that scores of GOP activists did challenge voters in numerous inner city polling stations. Many carried Blackberries and used sophisticated lists that may have included those illegally garnered caging rosters. The challenges did lead to numerous voters being turned away, and increased the long delays suffered by inner city voters throughout the state.
Similar challenges were also endorsed by White House operative Tim Griffin, who has been widely accused of trying to cage mostly black voters in Florida. Rich says the scheme became public before the election, and the GOP apparently dropped the idea.
But as he was firing the federal attorneys who refused to cage, Bush appointed Griffin to be US attorney for Arkansas. Griffin has since resigned the post under fire. But along with Ohio, the administration used similar tactics in the key swing states of Florida and Pennsylvania, as well as in Virginia, Maryland, North Carolina, Texas and Washington. Bush’s Justice Department also supported former California Secretary of State Bruce McPherson’s rejection of 20,000 voter registration forms, a move later reversed in court. And it has helped push photo ID requirements – again rejected in court – devised by Georgia to restrict black and poor voter access.
A 35-year veteran of the Justice Department’s Voting Right Sections, Rich told the McClatchey papers that he quit over political appointees who "skewed aspects of law enforcement in ways that clearly were intended to influence the outcome of the elections." Thus Thor Hearne’s original blueprint for disenfranchising minorities and the poor is now established administration policy, supported by Bush’s Justice Department, and backed by his firing of federal attorneys – illegal or otherwise – who refuse to go along. Whether the Democrats in Congress do anything about it, and whether the GOP successfully uses these tactics again in 2008, remain to be seen.
New cyber-thuggery
Alongside the Bush/Rove commitment to mass disenfranchisement, the key to the outcome of the 2008 election may be the rise and incomplete fall of electronic voting machines.
Unmonitorable DRE (Direct Record Electronic) voting machines have been center stage at every Bush-era stolen election. In Florida 2000, some 16,000 votes that "disappeared" from Al Gore’s tallies in Volusia County helped turn the tide for Bush at a key election night moment, even though they were later reinstated. In 2002, fraudulent electronic vote counts in Georgia almost certainly deprived Vietnam war hero Max Cleland of his US Senate seat in a race which all credible polls showed him winning by a substantial margin.
The spread of DREs is at the core of the Help America Vote Act (HAVA) pushed through by then-Congressman (now jailbird) Bob Ney. High-powered studies from the likes of the Government Accountability Office, the Brennan Center on Voting Rights, the Carter-Baker Commission on Voting Rights, Princeton University and US Representative John Conyers all conclude that DRE’s can be easily manipulated, with entire elections illicitly shifted by a few keystrokes.
The GOPs HAVA means to put the nation on DREs as thoroughly as possible by 2008. But a public rebellion has slowed that plan. In Ohio, grassroots campaigners stopped Blackwell from giving Diebold an unbid $100 million contract to put virtually the entire state on DREs. Elsewhere, state and local election boards rebelled against the high cost of maintaining the machines, which often must be kept air conditioned around the clock, resulting in huge electric bills. Programming and other costs make administering elections on DREs far more expensive than doing it on paper ballots. The DREs have become infamous because of widespread testimony in Ohio that 2004 voters were pushing John Kerry’s name, only to see George Bush’s name light up, or to have their Kerry vote simply disappear moments later.
In response to nationwide opposition, US Representative Rush Holt (D-NJ) proposed federal legislation that would have forced all electronic voting machines to be fitted with devices that would produce a paper trail. An accredited scientist, Holt also wanted to force manufacturers to make public the software that ran their machines.
Holt’s proposed House Bill 811 divided the election protection movement, much of which saw it as an endorsement of DREs. And as the bill progressed, the GOP gutted it, killing the software transparency requirements and settling for unworkable paper trail provisions.
The governors of Florida and Maryland have already moved to ban DREs in 2008, and to use paper ballots instead. Grassroots confrontations over how to cast and count votes will rage right up to election day.
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