Diebold Another Day.

“Let’s make this clear, folks. The docs Heller is accused of exposing were important evidence. First, they show that Diebold and their attorneys, Jones Day, conspired to mislead the California secretary of state, and that the lie they told was material, and resulted directly in the disenfranchisement of voters. Second, another document demonstrates that Diebold lied to the secretary of state when it represented that certain problems with its software were ‘fixed.’ This document, the release notes for the new software, showed that the problems were not fixed. Third, the documents showed that Diebold had been advised by Jones Day that what it had been doing with its uncertified software was illegal. Fourth, the documents show that Jones Day advised Diebold that it was subject to criminal prosecution. So in a nutshell, Diebold was defrauding the state government and taxpayers of California, and disenfranchising the voters of California. And the documents PROVE it.”

In keeping with recent GOP tales of hounding whistleblowers and using the long arm of government to attack critics, Stephen Heller — the man who exposed some severe shadiness on the part of voting machine maker Diebold and their corporate lawyers, Jones Day — is now facing now three felony counts for raising the alarm. “Heller’s lawyer believes the 2 year wait to file charges was due to the then-impending 2004 election, and that Diebold and their attorneys didn’t want the information to be made public in the lead up to the election.” Flashback: Diebold’s right-wing CEO guaranteed Dubya would win Ohio in the last campaign, and he may well have delivered. (Via Medley.)

McClellan: Hunt the Whistleblowers.

Arlen Specter, who has clearly given up on his oversight and impeachment talk of a few short weeks ago, tries at least to bring future NSA wiretap inquiries before the FISA court. Meanwhile, the White House nixes a call by 18 House Dems to appoint an independent counsel to delve into the NSA matter, opting instead for more of their patented Shoot-the-Messenger defense: “‘I think that where these Democrats who are calling for this ought to spend their time is on what was the source of the unauthorized disclosure of this vital, incredible program in the war on terrorism,’ White House spokesman Scott McClellan said. ‘I really don’t think there is any basis for a special counsel. … But the fact that this information was disclosed about the existence of this program has given the enemy some of our playbook.’

Bribery a la Carte.

Unbelievable. Nothing if not brazen, former GOP official Randy “Duke” Cunningham, who recently pled guilty to several bribery and fraud charges, actually kept a “bribe menu” with the varying prices it took to buy him off. “The card shows an escalating scale for bribes, starting at $140,000 and a luxury yacht for a $16 million Defense Department contract. Each additional $1 million in contract value required a $50,000 bribe. The rate dropped to $25,000 per additional million once the contract went above $20 million.” $140,000? Who do you think you are, Boss DeLay? C’mon, Duke, I could get a Ney or two Frists for that.

Audit to Silence.

“‘This audit was political retaliation by Tom DeLay’s cronies to intimidate us for blowing the whistle on DeLay’s abuses,’ McDonald said. ‘Enlisting the IRS to intimidate critics is a dirty trick reminiscent of Richard Nixon…It is not a crime to report a crime, as we did with DeLay.’Texans for Public Justice, a non-profit organization critical of the DeLay ring’s hold over their home state, has been cleared of any wrongdoing in an IRS audit — one seemingly triggered, it was discovered after a FOIA request, by Boss DeLay’s minions. “The [instigating] lawmaker, House Ways and Means Committee member Sam Johnson (R-Tex.), was in turn responding to a complaint about the group…from Barnaby W. Zall, a Washington lawyer close to DeLay and his fundraising apparatus, according to IRS documents.

When you play with fire…

“A behind-the-scenes reconstruction of the ports deal’s rapid evolution from obscurity to uproar shows how Bush was blindsided by the same emotion-laden politics of terrorism that he used to win elections in 2002 and 2004. It also raises anew questions of why the White House message machine, so sharply effective in the first term, seemingly has gone dull in the second.” As the Dubai Port World deal goes under 45-day review, the Post assesses the Dubya administration’s dismal PR performance during Dubaigate.

States’ Rights (and Lefts.)

“In a year when fewer than one in 10 House seats appear to be in play, thanks to the power of incumbency and gerrymandered congressional districts, about half of the 36 gubernatorial contests appear to be competitive — many of them clear tossups eight months from Election Day.” Both the Post and the Times look at the political contest for 36 governorships in 2006, with the Dems poised to take back a majority of the states for the first time since 1990. “Historically, shifts in power in the 50 capitals have held long-term implications for both parties, and control of statehouses can give parties tangible organizational advantages during presidential elections.”

Dakota goes South.

Something wicked this way comes: Bucking to challenge Roe v. Wade in the Roberts court, the pro-life South Dakota legislature pass a bill outlawing abortion (with no exceptions therein for rape, incest, or non-fatal threats to the mother’s health), and it seems pro-life Gov. Mike Rounds will sign it. On the bright side, even many pro-lifers doubt the Dakota bill will pass constitutional muster — “‘If you’re just reading the law as it stands now, South Dakota’s law doesn’t really stand any chance under Roe or Casey . I have to agree with those who think it’s remote,’ said Chuck Donovan, executive vice president of the Family Research Council and a former lobbyist for the National Right to Life Committee.Update: Mississippi follows suit.

Dubai Deal Delayed, Dubya Dumbfounded.

“There are many, many problems that we face in maritime security — and they’re not the United Arab Emirates.” Dubaigate continues to have legs, with both parties in an uproar and the port takeover now on hold so Dubya can convince Congress it’s a good idea (or at the very least get his story straight.) Well, as Dan Froomkin noted, inasmuch as this story draws attention to the broader issues of outsourcing, port security, and questionable White House decisionmaking, I’m all for it. But, given all the shadiness this administration has been up to of late, I’m a bit surprised that this relatively innocuous UAE deal has blown up as it has. (I mean, when Dubya recently decided he’d eviscerate our constitutional system of checks and balances, the Senate just rolled over.) Well, don’t look a gift horse in the mouth, I suppose.

Secret Garden.

“It is also worth noting that much of this reclassification is being conducted by junior officers, or in many cases private contractors who know nothing about the historical context of these documents and nothing about whether the contents are sensitive or innocuous. One military historian told me that some of these junior contractors have been instructed simply to reclassify anything bearing the words ‘atomic’ or ‘restricted data,’ regardless of what else the documents might or might not contain.” Fred Kaplan offers up more info on the highly suspect re-classifying program currently underway at the National Archives.