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Republican IT consultant subpoenaed in case alleging tampering with 2004 election
Larisa Alexandrovna and Muriel Kane


COLUMBUS — A high-level Republican consultant has been subpoenaed in a case regarding alleged tampering with the 2004 election.


Michael S. Connell was served with a subpoena in Ohio on Sept. 22 in a case alleging that vote-tampering during the 2004 presidential election resulted in civil rights violations. Connell, president of GovTech Solutions and New Media Communications, is a website designer and IT professional who created a website for Ohio’s secretary of state that presented the results of the 2004 election in real time as they were tabulated.

At the time, Ohio’s Secretary of State, Kenneth J. Blackwell, was also chairman of Bush-Cheney 2004 reelection effort in Ohio.

Connell is refusing to testify or to produce documents relating to the system used in the 2004 and 2006 elections, lawyers say. His motion to quash the subpoena asserts that the request for documents is burdensome because the information sought should be “readily ascertainable through public records request” ““ but also, paradoxically, because “it seeks confidential, trade secrets, and/or proprietary information” that “have independent economic value” and “are not known to the public, or even to non-designated personnel within or working for Mr. Connell’s business.”

According to sources close to the office of Clifford Arnebeck, one of the Ohio attorneys who brought the case, Arnebeck intends to ask the court to compel Connell to testify. An emergency conference with the judge, originally scheduled for Monday, is to be rescheduled.

King Lincoln Bronzeville Neighborhood Association v. Blackwell

The case, known as King Lincoln Bronzeville Neighborhood Association v. Blackwell, was filed against Kenneth J. Blackwell on Aug. 31, 2006 by Columbus attorneys Clifford Arnebeck, Robert Fitrakis and others. It initially charged Blackwell with racially discriminatory practices — including the selective purging of voters from the election rolls and the unequal allocation of voting machines to various districts — and asked for measures to be taken to prevent similar problems during the November 2006 election.

On Oct. 9, 2006, an amended complaint added charges of various forms of ballot-rigging as also having the effect of “depriving the Plaintiffs of their voting rights, including the right to have their votes successfully cast without intimidation, dilution, cancellation or reversal by voting machine or ballot tampering.” A motion to dismiss the case as moot was filed following the November 2006 election, but it was instead stayed to allow for settlement discussions.

The case took on fresh momentum earlier this year when Arnebeck announced in July that he was filing to “lift the stay in the case [and] proceed with targeted discovery in order to help protect the integrity of the 2008 election.” The new filing was inspired in part by the coming forward as a whistleblower of GOP IT security expert Stephen Spoonamore, who said he was prepared to testify to the plausibility of electronic vote-rigging having been carried out in 2004.

Arnebeck’s hope was that in the course of the discovery procedure it would be possible to subpoena Michael Connell, former White House Deputy Chief of Staff Karl Rove, and others to obtain additional information and improve the focus of the case. The stay was lifted Sept. 19, 2008 by an order from Magistrate Judge Terrence P. Kemp of the United States District Court for the Southern District of Ohio, and a subpoena was served to Connell on the following Monday, Sept. 22.
Allegations against Connell

The interest in Mike Connell stems from his association with a firm called GovTech, which he had spun off from his own New Media Communications under his wife Heather Connell’s name. GovTech was hired by Ohio Secretary of State Kenneth Blackwell to set up an official election website at election.sos.state.oh.us to presented the 2004 presidential returns as they came in.

Connell is a long-time GOP operative, whose New Media Communications provided web services for the Bush-Cheney ’04 campaign, the US Chamber of Commerce, the Republican National Committee and many Republican candidates. This in itself might have raised questions about his involvement in creating Ohio’s official state election website.

The New Media building.

However, the alternative media group ePlubibus Media further discovered in November 2006 that election.sos.state.oh.us was hosted on the servers of a company in Chattanooga, TN called SmarTech, which also provided hosting for a long list of Republican Internet domains.

“Since early this decade, top Internet “˜gurus’ in Ohio have been coordinating web services with their GOP counterparts in Chattanooga, wiring up a major hub that in 2004, first served as a conduit for Ohio’s live election night results,” researchers at ePluribus Media wrote.

A few months after this revelation, when a scandal erupted surrounding the firing of US Attorneys for reasons of White House policy, other researchers found that the gwb43 domain used by members of the White House staff to evade freedom of information laws by sending emails outside of official White House channels was hosted on those same SmarTech servers.

Given that the Bush White House used SmarTech servers to send and receive email, the use of one of those servers in tabulating Ohio’s election returns has raised eyebrows. Ohio gave Bush the decisive margin in the Electoral College to secure his reelection in 2004.

IT expert Stephen Spoonamore says the SmartTech server could have functioned as a routing point for malicious activity and remains a weakness in electronic voting tabulation.

According to Spoonamore’s Sept. 17 affidavit, the “computer placement, in the middle of the network, is a defined type of attack.” Spoonamore describes this as a “Man in the Middle Attack” or MIM.

“It is a common problem in the banking settlement space,” he writes. “A criminal gang will introduce a computer into the outgoing electronic systems of a major retail mall, or smaller branch office of a bank. They will capture the legitimate transactions and then add fraudulent charges to the system for their benefit.”

“Any time all information is directed to a single computer for consolidation, it is possible, and in fact likely, that single computer will exploit the information for some purpose,” he adds. “In the case of Ohio 2004, the only purpose I can conceive for sending all county vote tabulations to a GOP managed Man-in-the-Middle site in Chattanooga before sending the results onward to the Sec. of State, would be to hack the vote at the MIM.”

Hold letters were sent out in July to parties in the case, informing them of their obligation not to destroy relevant documentation. One such letter went to Attorney General Michael Mukasey, asking him to advise the federal government of its responsibility to preserve emails from Rove.

Arnebeck explained, “We expressed concern about the reports that Mr. Rove destroyed his emails and suggested that we want the duplicates that should exist [be put] under the control of the Secret Service and be sure that those are retained, as well as those on the receiving end in the Justice Department and elsewhere, that those documents are retained for purposes of this litigation, in which we anticipate Mr. Rove will be identified as having engaged in a corrupt, ongoing pattern of corrupt activities specifically affecting the situation here in Ohio.”

More recently, Newsweek’s Michael Isikoff has revealed that John McCain’s presidential campaign paid nearly a million dollars for web services to a firm called 3eDC, created and partly owned by McCain campaign manager Rick Davis. According to an archived version of a 3eDC webpage from 2007, that firm’s five “strategic partners” included not only Connell’s New Media Communications but also Campaign Solutions ““ a firm run by Connell’s sometimes-partner, Rebecca Donatelli ““ and a component of SmarTech called AirNet.
The Origin of the Case

The roots of the King Lincoln Bronzeville case go back to the case of Moss v. Bush, which Arnebeck, Fitrakis and other attorneys filed immediately after the 2004 presidential election. In that filing, they challenged the results of the Ohio voting on the basis of numerous irregularities and allegations of fraud and sought to depose President George W. Bush, Vice President, Dick Cheney, and then-White House Deputy Chief of Staff, Karl Rove, as well as Secretary Blackwell.

That case was dropped by the plaintiffs in January 2005, after the US Senate accepted the casting of Ohio’s electoral votes for George W. Bush. Two weeks later, Ohio’s Republican Attorney General James Petro attempted to sanction and fine the attorneys for what he described as a “frivolous filing,” but they were supported by Rep. John Conyers (D-MI) ““ then the ranking member of the House Judiciary Committee – who had already held a hearing at which Arnebeck and Jesse Jackson testified concerning the suppression of minority votes. Those same concerns are now at the heart of King Lincoln Bronzeville.

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Larisa Alexandrovna is managing editor of investigative news for Raw Story and regularly reports on intelligence and national security stories. Contact: larisa@rawstory.com.

Muriel Kane is director of research for Raw Story.

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[IFP does not endorse any candidate for President nor any other office. This is a follow-up article concerning online rumors of AIPAC and Pelosi pressuring of Kucinich to drop his push for impeachment]

AfterDowningStreet.org
By David Swanson

I spoke with Congressman Dennis Kucinich because a rumor was gaining traction that:

“Before the Nevada primary, Dennis was visited by representatives of Nancy Pelosi and the American Israel Public Affairs Committee — AIPAC. They told Dennis that if he would drop his campaigns to impeach Cheney and Bush, they would guarantee his re-election to the House of Representatives. Kucinich threw them out of his office.”

According to Kucinich, “The incident did not happen.”

(Source)

[IfP does not endorse any candidate for president or any other office. However, this post allows us to comprehensively cover the impeachment movement.]
Dissident Voice
Is Dennis Kucinich Getting McKinney’d
by Kevin Zeese

Former Presidential Candidate Who Advocated Peace and Impeachment Facing Well-Financed Challenge at Home

On the Hill some call it being McKinney’d — the treatment Green Party presidential candidate Cynthia McKinney received when she was in Congress. Twice, rather than protecting the incumbent, the Democrats put up well funded challengers against her. Now, it looks like Dennis Kucinich may be facing the same treatment in Cleveland.

There is a report circulating the web that before the Nevada primary Kucinich was visited by representatives of Nancy Pelosi and the American Israel Public Affairs Committee, the right wing Israeli lobby. They told him that if he would drop his campaigns to impeach Cheney and Bush, they would guarantee his re-election to the House of Representatives. Kucinich threw them out of his office.

Kucinich has aggressively challenged the Democratic Party leadership in Congress and on the presidential campaign trail on the issues of war, civil liberties, impeachment and big business control of government. He’s even refused to pledge to endorse the party’s presidential nominee.

The Democratic leadership has insisted that impeachment was off the table since taking control of the House in 2006. Congressman Conyers, Chair of the Judiciary Committee, has even refused to investigate whether President Bush and Vice President Cheney have violated the law. But Kucinich pushed the issue. He introduced articles of impeachment against Cheney, then against Bush and he brought the issue up on the House floor. He pushed and pushed to try to make sure the president and vice president were not above the law.

On the campaign trail he didn’t let Senator Clinton or Obama get away with campaign peace rhetoric in the Democratic primary while they voted war funding with no strings attached in the senate. He pointed out that their rhetoric was not consistent with their actions. He pushed the issue of all troops being removed; while Obama and Clinton parse their words carefully making it clear they will withdraw only some of the troops and neither promising a complete troop withdrawal even by 2012.

And he pierced the veil of campaign rhetoric of Democrats who call for “universal health care” but put forward plans that will enrich their donors in the private health insurance industry.

On issue after issue Kucinich pushed against the Democratic Party leadership — now, it seems he is paying a price.

In Cleveland, Kucinich is being challenged by several candidates. The one that is getting the most attention and funding is City Councilman Joe Cimperman. He’s served on the council for ten years and has raised hundreds of thousands of dollars from real estate interests to challenge Kucinich. He’s been saying that Kucinich focuses too much on campaigning for president and not on the district. The Mayor of Cleveland and the Cleveland Plain Dealer has endorsed Cimperman.

Kucinich, who has been focused on the presidential campaign, has very little money in the bank (reportedly only about $30,000). He’s been putting out fundraising appeals and has a fundraiser planned with Sean Penn.

Back home the issue of right wing Israeli lobby funding is becoming an issue. Cimperman put out a press release that urges Kucinich to refute a report in the People’s Weekly World Newspaper that said the “Kucinich campaign charged” that Cimperman’s effort to unseat Kucinich was financed in large part from “a right-wing pro-Israel group.”

Cimperman has been somewhat theatrical in his campaign. He’s been putting up signs “Where’s Dennis?” and describing him as a “Missing Congressman.” Cimperman took the poster to Kucinch’s office and delivered a copy on videotape. Kucinich responded by asking Homeland Security to investigate the filming of government property. Cimperman responded with another video calling Kucinch a hypocrite for violating his privacy while railing against government intrusion into people’s lives.

No doubt if Kucinch had kow-towed to Nancy Pelosi, been less aggressive in his comments in the presidential debates and agreed to endorse the Democratic presidential nominee, the Democratic Party would be discouraging opponents and coming to the aid of an incumbent who has been in the House since 1996.

But elected officials like McKinney and Kucinch who challenge the Democratic Party line — who think for themselves and feel a responsibility to fight for their constituents and challenge corporate power — are a hindrance to the party leadership. They get in the way and let the public know what is really going on. So, they must be either tamed or made an example of. If Kucinich gets McKinney’d you can be sure the message will be received. Those, like Congressman Conyers, who’ve been around for awhile (Conyers has been in the House since 1965) know better than to step too far out of line. So, Conyers has remained silent on Bush’s law breaking — protecting his committee chairmanship by being afraid to use it. Conyers has been tamed but Kucinich hasn’t. So, Kucinich needs to be taught a lesson that other members will learn from. The growing revolt of the “Out of Iraq Caucus” needs to be kept impotent. Knocking out Kucinich will prevent others from too loudly disobeying leadership.

Kucinich has faced tough battles in Cleveland before. When he was mayor he stood up to corporate interests that wanted to take over Cleveland’s public utility and survived a recall election. And, Cimperman is not the only challenger, there are several, so the anti-Kucinich vote may be sufficiently divided for the congressman to retain his seat.

If he doesn’t Kucinich may find new political opportunities that give him a bigger platform. Perhaps he will leave the Democratic Party with whom he has had so much disagreement and join Cynthia McKinney in the Green Party — a party whose platform is consistent with his. If so a McKinney-Kucinich ticket could be an interesting development in the 2008 election year. The Democrats may regret their punishment of both McKinney and Kucinich.

Kevin Zeese is director of Democracy Rising and co-founder of Voters For Peace. Read other articles by Kevin, or visit Kevin’s website.

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ImpeachPac – Congressman Wexler urges support for Cheney Impeachment Hearings

The following members of Congress have joined as signatories to my letter to Chairman Conyers in support of Cheney Impeachment Hearings:

(*= member of the Judiciary Committee)

Baldwin, Tammy, WI, 2nd *
Capuano, Michael E., MA, 8th
Clarke, Yvette D., NY, 11th
Clay, Wm. Lacy, MO, 1st
Cohen, Steve, TN, 9th *
Farr, Sam, CA, 17th
Grijalva, Raúl M., AZ, 7th
Gutierrez, Luis V., IL, 4th *
Kucinich, Dennis J., OH, 10th
Lee, Barbara, CA, 9th
Moore, Gwen, WI, 4th
Moran, James P., VA, 8th
Thompson, Mike, CA, 1st
Towns, Edolphus, NY, 10th
Woosley, Lynn, CA, 6th
Wexler, Robert, FL, 19th *
Wynn, Albert Russell, MD, 4th

Openers
The (Cleveland) Plain Dealer Politics Blog
Posted by Sabrina Eaton

After promising last week that he’d mark President Bush’s final “State of the Union” speech today by introducing articles of impeachment against Bush, Cleveland Democratic Rep. Dennis Kucinich announced he’s postponing the effort.

Kucinich said he met with members of the House Judiciary Committee after making last week’s impeachment pledge on the House of Representatives floor, and came away “hopeful there will be an inquiry by the Judiciary Committee.”

“I will give them the opportunity to proceed before introducing articles of impeachment,” Kucinich said in a statement issued by his office. The House Judiciary Committee’s spokeswoman did not respond to The Plain Dealer’s request for comment.

Last year, Kucinich introduced a measure to impeach Vice President Dick Cheney that has collected 24 cosponsors. His November effort to bring the matter before the full House of Representatives won support from Republicans who wanted to embarrass House Democratic leaders, but was eventually referred to the Judicary Committee.

Kucinich told The Plain Dealer editorial board last week that nine members of the House Judiciary Committee favor his bid to impeach Cheney. But that’s shy of a majority; the committee has 23 Democrats and 17 Republicans.

“I do not believe that there will be an impeachment this year — I don’t think that will happen – but I do think that the questions relating to an inquiry of both the president and the vice president are important so that our nation has a real understanding of the effort that was made, a consistent effort, to mislead the people into supporting a war,” Kucinich said.

(Source)