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"Ain't Gonna Study War No More"

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Right-To-Life Party, Christian, Anti-War, Pro-Life, Bible Fundamentalist, Egalitarian, Libertarian Left

Friday, June 02, 2006

Time To Handle The Truth

Jessep: You want answers?
Kaffee (Tom Cruise): I think I'm entitled to them.
Jessep: You want answers?
Kaffee: I want the truth!
Jessep: You can't handle the truth!

The Logic of War Crimes in a Criminal War

By: Mara Verheyden-Hilliard and Brian Becker
June 2, 2006

When U.S. marines carried out the savage and systematic execution of Iraqi families and small children in Haditha last November, it was initially reported as a “battle” with “insurgent casualties.” A photo of a kneeling Iraqi civilian moments before he was murdered was taken by a Marine using his cell phone camera. Other pictures of the corpses of small children, families lying in pools of blood in their homes, students gunned down in a taxi are all part of the documentary evidence.

The massacre in Haditha took place one year after a much larger massacre of civilians in Fallujah. Four to six thousand civilians are estimated to have been killed in Fallujah in November 2004, according to credible independent sources reporting from the ground. The truth of Iraq is that there were other massacres almost every week in between the events that have made Haditha and Fallujah famous cities: famous in the way no city wants to become well known throughout the world. The attack on the people of Iraq and ensuing occupation by the United States government has caused the deaths of well over 100,000 Iraqi people (the British medical journal, The Lancet, reported an excess of 100,000 dead eighteen months ago).

“Ethics Training” to Prevent Massacres

Now that the butchery in Haditha is making headlines in the United States, high ranking officials in the Pentagon as well as the President are promising an investigation. They have even announced “ethics training” for combat troops. The implication is that something unusual happened when unarmed civilians, including terrified small children and their mothers who were trying to shield them, were riddled with bullets by U.S. soldiers. Were they rogue soldiers lawlessly breaking ranks from an otherwise pristine mission aimed at liberating Iraqis? That is pure fiction. Those who criticize the management of the war are talking complete nonsense when they say that the actions of these Marines will make it “harder to carry out the mission in Iraq.”

The Haditha massacre will not make the Iraqis think differently about the United States or Bush. It will only confirm their view, an outlook shaped by the cruel, cold-hard reality of the past years.

A Routine Phenomenon

Just this week, on May 31, US soldiers in Iraq “killed two Iraqi women — one of them about to give birth — when the troops shot at a car that failed to stop at an observation post in a city north of Baghdad." The AP reports that Nabiha Nisaif Jassim, 35, was being raced to the maternity hospital in Samarra by her brother when the shooting occurred Tuesday. Jassim, the mother of two children, and her 57-year-old cousin, Saliha Mohammed Hassan, were killed by the U.S. forces, according to police Capt. Laith Mohammed and witnesses. Her husband was waiting for her at the maternity unit of the hospital when Jassim, pregnant with their child, and her cousin were murdered.

Yesterday, the BBC disclosed new video evidence that U.S. forces massacred another group of Iraqi civilians in the town of Ishaqi in March. The story, carried by Knight-Ridder in March, and denied by the U.S. government thereafter, stated that U.S. troops had rounded-up villagers into a single room of a house and then “executed 11 people, including a 75-year-old woman and a 6-month-old infant.” BBC reported June 1 that of the eleven people murdered by U.S. troops, five were children. The soldiers then, “burned three vehicles, killed the villagers’ animals and blew up the house.”

In Afghanistan this week, large masses of people took to the streets throwing rocks at U.S. military vehicles following another incident in which U.S. military personnel raced through Kabul and then rammed passenger vehicles killing at least three people. A top Afghan police officer reported that U.S. soldiers then opened fire indiscriminately directly into the crowd killing at least four more people.

Rejecting the Disney Version of U.S. Foreign Policy

The perception of the U.S. in the Arab world is based on actual information and knowledge of the Iraq war and the war in Afghanistan. The U.S. financing and support for the ongoing war waged by the Israeli military against the Palestinian people also contributes to the understanding of the U.S. role among the people of the Middle East. This perception is 100 percent different than the fantasy promoted in the United States. In the United States, facts are not allowed to stand in the way of the official legend.

All the mainstream media, the politicians and even some in the “peace movement” in the United States uphold the Disney version of U.S. imperialism: a fundamentally benign force, motivated by democratic values and a vision of freedom, that is suffering an unexplained outburst of criminality based on stress caused by poor management of the war. Haditha, and Fallujah before it, or Abu Ghraib, are registered as deviant behavior by out of control people. Conveniently they are all rank and file enlisted men and women. No Generals, Secretary of Defense or President need worry.

That every exposed crime is widely accepted to be “deviant” or aberrational in the United States is only a testament to the power of political indoctrination by the media and the government whose economic resources for “opinion-molding” are greater than that of any previous empire in human history.

The Perception of U.S. Imperialism from The Middle East

“The deaths in Haditha, a volatile town in western Iraq, have barely caused a stir in Iraq and much of the Arab world — where American troops are reviled as brutal invaders who regularly commit such acts,” writes AP reporter Hamza Hendawi, in a story filed on May 30, 2006.

The next day a dispatch from AP reporter Kim Gamel, reports the same sentiment, "People in Samarra are very angry with the Americans not only because of Haditha case but because the Americans kill people randomly especially recently," Khalid Nisaif Jassim said.

Closely connected by language, historical and geographic knowledge, and access to more comprehensive media reporting, the Arab people consider the entire war, including its unprovoked initiation by Bush on March 20, 2003, to be a criminal endeavor by large powers against a small but oil-rich nation. The racist character of the war itself is well recognized throughout the region. Having battled for a century against colonial and semi-colonial domination, the Arab people don’t derive their knowledge about the intentions of Britain or the United States from FOX News or the New York Times.

In the U.S. media, Iraq is treated as a low-intensity war. When U.S. soldiers are killed their deaths are accompanied by a small article. The fact that well more than 100,000 Iraqis have died does not merit blazing headlines. Iraqi suffering is minimized or usually attributed to “terrorists.” Thus, the people of the United States are shielded from that which the Arab people know all too well about the criminal character of the war of aggression.

Fallujah and Hue City, Vietnam

The issue of Fallujah is a case in point. Fallujah is emblematic of the war. It is well understood throughout the Arab world but treated like ancient history by the U.S. media.

On the eve of the assault on Fallujah, the A.N.S.W.E.R. Coalition sent out an email to anti-war activists (November 7, 2004) under the headline: “Top U.S. Marine in Iraq Calls for Massacre in Fallujah.” It reported that Sgt. Major Carlton W. Kent gave an emotional pep-talk to 2,500 Marines who were poised to attack the city. The marines had just notified the people of Fallujah that any male between the age of 15-55 who dared go outside would be automatically killed. “You’re all in the process of making history,” the Sgt. Major exhorted his soldiers. “This is another Hue City in the making. I, have no doubt, if we do get the word, that each and every one of you is going to do what you have always done kick some butt.” (AP, November 7, 2004)

Evoking the events in Hue by U.S. officers, as a motivation for today’s troops, shows the macabre criminality inherent in imperialism’s war for conquest.

Hue was a city in South Vietnam that was a scene of horrific war crimes by military personnel when it was captured by U.S.-led forces in March 1968. U.S. Under-Secretary of the Air Force, Townsend Hoopes, admitted that Hue was left a “devastated and prostrate city. Eighty percent of the buildings had been reduced to rubble, and in the smashed ruins lay 2,000 dead civilians …” (Noam Chomsky’s forward to the papers of the 1967 International War Crimes in Vietnam Tribunal.)

The Machinery of Racism

How can 100,000 people die, how can children be murdered, how can the devastation and destruction of an entire society occur at the hands of the U.S. government without there being a huge outpouring of indignation and condemnation in the U.S. mass media, much less even acknowledgment by so many in the “loyal opposition”? Because the U.S. mainstream media is a corporate dominated propaganda machine that is part and parcel of the imperial establishment and shares its interests. It uses the instrument of racism, a tool that has been fine-tuned by the forces of militarism in the United States for nearly four centuries. The racist demonization of conquered and targeted people has been crafted with the idea of dehumanizing the victims so as to prevent the forging of human solidarity in opposition to the crimes of conquest and Empire. The mass media, always willing to exploit the emotional appeal of death and tragedy that occurs within the United States, can ignore or define the experiences of the people of Iraq as somehow less worthy, the death of Iraqi children as less agonizing, their lives less valuable.

Bush Proclaims that Iraq “is only the beginning” of Endless War

The day after the NY Times front page story revealing the graphic details of the Haditha massacre, George W. Bush said these words about the Iraq war to the West Point graduating class of 2006: “This is only the beginning. The message has spread from Damascus to Tehran that the future belongs to freedom, and we will not rest until the promise of liberty reaches every people, in every nation.” Reiterating his and Cheney’s theme that the U.S. is now engaged in “endless war,” Bush told the young cadets: “The war began on my watch, but its going to end on your watch.”

While Bush was exhorting the next generation of privileged military officers to enthusiastically embrace his imperial crusade, the reality is that this administration sees in every rank and file enlisted man and woman nothing more than pawns. For the working class youth who make up the bulk of the military, the Bush administration has only callous disregard. Bush is willing to send these young people to kill and be killed while it carries out vicious cut-backs in education, job training and veterans benefits. The rich are always ready to have the working class and poor people do their fighting and dying.

The crimes of the U.S. soldiers in Iraq are as inevitable as the crimes committed by soldiers in imperial armies throughout history. The conquered people refuse to accept their fate. They rise up, they form resistance organizations. They take up arms and conspire to oust the foreign occupiers. They are then branded as terrorists and criminals by the Empire. To the extent that they enjoy popular support among the indigenous population, the population itself is considered “suspect” by the occupiers.

Civilians thus become a danger. Children and young teenagers can become the “enemy.” The vehicles carrying expectant mothers to the hospital can thus become a threat because they must travel quickly, too quickly for the comfort of the occupying soldiers who are fearful of car bombs.

A Pertinent Revelation this Week: 50 Years After the Fact

In the Korean War, U.S. soldiers gunned down hundreds and possibly thousands of South Korean civilians as they tried to escape the horrors of war. For five decades, the Pentagon and each successive U.S. administration denied these facts. South Korean survivors who tried to press their claims against the United States were labeled traitors and North Korean spies and put into prison for many years. After the killings of No Gun Ri in July 1950 were exposed decades later in the U.S. media, the Pentagon even carried out an “exhaustive” investigation and concluded that the actions were those of inexperienced soldiers. “The deaths and injuries of civilians, wherever they occurred, were an unfortunate tragedy inherent to war and not a deliberate killing.... Soldiers were not ordered to attack and kill civilian refugees in the vicinity of No Gun Ri.” (Department of the Army Inspector General, No Gun Ri Review, Jan. 2001)

But just this week, as the Pentagon begins its new “investigation” into Haditha, a document has come to light that not only reveals the truth of the massacre of Koreans but that it was an act of official U.S. war policy. The day of the mass killings, the US Ambassador to South Korea sent a letter to State Department official Dean Rusk about the military decision arrived at a meeting on July 25, 1950 announcing that Korean war refugees would be shot if they approached US lines. The day after the decision the 7th U.S. Cavalry Regiment killed hundreds of civilians at No Gun Ri in South Korea.

The Logic of War Crimes

There was a military rationale for killing the civilians at No Gun Ri and in scores of other sites throughout Korea during the war. The U.S. soldiers could not tell whether the civilians were sympathetic to the North Koreans or whether they would permit North Korean soldiers into their midst.

The Geneva Conventions expressly prohibit the targeting of civilians under any circumstances. But the Pentagon had a bigger political concern than adhering to international law. The fundamental fear of the Pentagon and the White House in Korea, as it was in Vietnam and during the first and current war against Iraq, was that public opinion at home would turn against the imperialist adventure and tie the hands of the warmakers. The logic of their political calculus was that U.S. public opinion would turn against the war directly as a result of a large number of U.S. casualties. This thought took them to the next murderous conclusion: if civilians pose even a remote risk to U.S. soldiers it is better to shoot the civilians first and ask questions later. Dead Korean or Vietnamese or Iraqi civilians will not be as politically damaging back home as dead American soldiers.

There is one more side to the logic of war crimes. If the civilian population is sympathetic to the resistance fighters it is necessary to terrorize the civilians as punishment for providing aid or shelter to a guerrilla army. This is not a new story. The Japanese wiped out whole villages and nearly some cities in China as a warning against aiding the communist-led resistance during World War II. The Nazi's policy in Serbia was to kill one hundred Serbs for every German soldier killed by the resistance. Under the direction of John Negroponte, current Director of US Intelligence services, the Salvadoran military carried out large-scale massacres of peasant communities that were considered supportive of the FMLN resistance fighters in El Salvador during the 1980’s. In Vietnam, the CIA organized the Phoenix Program, a clandestine war that assassinated as many 50,000 south Vietnamese who were considered to be members or sympathizers of the National Liberation Front.

The People of the United States Must Act to Stop Imperialist War

There is no investigation, no new training, or change in the way the war and occupation is administered that can stop massacres like Haditha, Fallujah and the day in and day out killings of Iraqis and destruction of their society. The only change that can bring about the hope of building a new future for Iraqis, one of self-determination and eventual peace, is to end the foreign occupation of Iraq and remove the invading army. Every day the U.S. and other troops remain in Iraq the situation grows more dire for the Iraqi people. We must demand that the troops be brought home now and reach out to our friends, families, co-workers and schoolmates to make this demand a powerful and undeniable force. The majority of people of the U.S. now oppose the war in Iraq - but at this very moment, many in the peace movement are urging that all focus turn towards the elections, just as they did two years ago. This is the road to irrelevance and it must be rejected.

The war in Vietnam was not ended because “better politicians” were elected. No one could assert that Richard Nixon was better than anything or anyone. What mattered was that millions of people used every avenue to intensify the mass struggle in the streets and in every community throughout the country. The Vietnamese people were clearly determined to fight until their homeland was free from foreign occupation. Ultimately, the U.S. soldier was only fighting to return to his or her home. The congruence of these factors and the ever-widening mass anti-war movement made the nearly genocidal conflict unsustainable for the Pentagon brass and the occupant of the White House. We must learn and re-learn these lessons and apply them to today. That is the challenge and obligation of the next period.

By: Mara Verheyden-Hilliard and Brian Becker
June 2, 2006

Mara Verheyden-Hilliard is a civil rights attorney and co-founder of the Partnership for Civil Justice. Brian Becker is the National Coordinator of the A.N.S.W.E.R. Coalition.

Something Deeply Troubling Took Place In 2004

Was the 2004 Election Stolen?

Republicans prevented more than 350,000 voters in Ohio from casting ballots or having their votes counted -- enough to have put John Kerry in the White House.

The complete article, with Web-only citations, follows. For more, see exclusive documents, sources, charts and commentary.
Like many Americans, I spent the evening of the 2004 election watching the returns on television and wondering how the exit polls, which predicted an overwhelming victory for John Kerry, had gotten it so wrong. By midnight, the official tallies showed a decisive lead for George Bush -- and the next day, lacking enough legal evidence to contest the results, Kerry conceded. Republicans derided anyone who expressed doubts about Bush's victory as nut cases in ''tinfoil hats,'' while the national media, with few exceptions, did little to question the validity of the election. The Washington Post immediately dismissed allegations of fraud as ''conspiracy theories,''(1) and The New York Times declared that ''there is no evidence of vote theft or errors on a large scale.''(2)

But despite the media blackout, indications continued to emerge that something deeply troubling had taken place in 2004. Nearly half of the 6 million American voters living abroad(3) never received their ballots -- or received them too late to vote(4) -- after the Pentagon unaccountably shut down a state-of-the-art Web site used to file overseas registrations.(5) A consulting firm called Sproul & Associates, which was hired by the Republican National Committee to register voters in six battleground states,(6) was discovered shredding Democratic registrations.(7) In New Mexico, which was decided by 5,988 votes,(8) malfunctioning machines mysteriously failed to properly register a presidential vote on more than 20,000 ballots.(9) Nationwide, according to the federal commission charged with implementing election reforms, as many as 1 million ballots were spoiled by faulty voting equipment -- roughly one for every 100 cast.(10)

The reports were especially disturbing in Ohio, the critical battleground state that clinched Bush's victory in the electoral college. Officials there purged tens of thousands of eligible voters from the rolls, neglected to process registration cards generated by Democratic voter drives, shortchanged Democratic precincts when they allocated voting machines and illegally derailed a recount that could have given Kerry the presidency. A precinct in an evangelical church in Miami County recorded an impossibly high turnout of ninety-eight percent, while a polling place in inner-city Cleveland recorded an equally impossible turnout of only seven percent. In Warren County, GOP election officials even invented a nonexistent terrorist threat to bar the media from monitoring the official vote count.(11)

Any election, of course, will have anomalies. America's voting system is a messy patchwork of polling rules run mostly by county and city officials. ''We didn't have one election for president in 2004,'' says Robert Pastor, who directs the Center for Democracy and Election Management at American University. ''We didn't have fifty elections. We actually had 13,000 elections run by 13,000 independent, quasi-sovereign counties and municipalities.''

But what is most anomalous about the irregularities in 2004 was their decidedly partisan bent: Almost without exception they hurt John Kerry and benefited George Bush. After carefully examining the evidence, I've become convinced that the president's party mounted a massive, coordinated campaign to subvert the will of the people in 2004. Across the country, Republican election officials and party stalwarts employed a wide range of illegal and unethical tactics to fix the election. A review of the available data reveals that in Ohio alone, at least 357,000 voters, the overwhelming majority of them Democratic, were prevented from casting ballots or did not have their votes counted in 2004(12) -- more than enough to shift the results of an election decided by 118,601 votes.(13) (See Ohio's Missing Votes) In what may be the single most astounding fact from the election, one in every four Ohio citizens who registered to vote in 2004 showed up at the polls only to discover that they were not listed on the rolls, thanks to GOP efforts to stem the unprecedented flood of Democrats eager to cast ballots.(14) And that doesn?t even take into account the troubling evidence of outright fraud, which indicates that upwards of 80,000 votes for Kerry were counted instead for Bush. That alone is a swing of more than 160,000 votes -- enough to have put John Kerry in the White House.(15)

''It was terrible,'' says Sen. Christopher Dodd, who helped craft reforms in 2002 that were supposed to prevent such electoral abuses. ''People waiting in line for twelve hours to cast their ballots, people not being allowed to vote because they were in the wrong precinct -- it was an outrage. In Ohio, you had a secretary of state who was determined to guarantee a Republican outcome. I'm terribly disheartened.''

Indeed, the extent of the GOP's effort to rig the vote shocked even the most experienced observers of American elections. ''Ohio was as dirty an election as America has ever seen,'' Lou Harris, the father of modern political polling, told me. ''You look at the turnout and votes in individual precincts, compared to the historic patterns in those counties, and you can tell where the discrepancies are. They stand out like a sore thumb.''

I. The Exit Polls

The first indication that something was gravely amiss on November 2nd, 2004, was the inexplicable discrepancies between exit polls and actual vote counts. Polls in thirty states weren't just off the mark -- they deviated to an extent that cannot be accounted for by their margin of error. In all but four states, the discrepancy favored President Bush.(16)

Over the past decades, exit polling has evolved into an exact science. Indeed, among pollsters and statisticians, such surveys are thought to be the most reliable. Unlike pre-election polls, in which voters are asked to predict their own behavior at some point in the future, exit polls ask voters leaving the voting booth to report an action they just executed. The results are exquisitely accurate: Exit polls in Germany, for example, have never missed the mark by more than three-tenths of one percent.(17) ''Exit polls are almost never wrong,'' Dick Morris, a political consultant who has worked for both Republicans and Democrats, noted after the 2004 vote. Such surveys are ''so reliable,'' he added, ''that they are used as guides to the relative honesty of elections in Third World countries.''(18) In 2003, vote tampering revealed by exit polling in the Republic of Georgia forced Eduard Shevardnadze to step down.(19) And in November 2004, exit polling in the Ukraine -- paid for by the Bush administration -- exposed election fraud that denied Viktor Yushchenko the presidency.(20)

But that same month, when exit polls revealed disturbing disparities in the U.S. election, the six media organizations that had commissioned the survey treated its very existence as an embarrassment. Instead of treating the discrepancies as a story meriting investigation, the networks scrubbed the offending results from their Web sites and substituted them with ''corrected'' numbers that had been weighted, retroactively, to match the official vote count. Rather than finding fault with the election results, the mainstream media preferred to dismiss the polls as flawed.(21)

''The people who ran the exit polling, and all those of us who were their clients, recognized that it was deeply flawed,'' says Tom Brokaw, who served as anchor for NBC News during the 2004 election. ''They were really screwed up -- the old models just don't work anymore. I would not go on the air with them again.''

In fact, the exit poll created for the 2004 election was designed to be the most reliable voter survey in history. The six news organizations -- running the ideological gamut from CBS to Fox News -- retained Edison Media Research and Mitofsky International,(22) whose principal, Warren Mitofsky, pioneered the exit poll for CBS in 1967(23) and is widely credited with assuring the credibility of Mexico's elections in 1994.(24) For its nationwide poll, Edison/Mitofsky selected a random subsample of 12,219 voters(25) -- approximately six times larger than those normally used in national polls(26) -- driving the margin of error down to approximately plus or minus one percent.(27)

On the evening of the vote, reporters at each of the major networks were briefed by pollsters at 7:54 p.m. Kerry, they were informed, had an insurmountable lead and would win by a rout: at least 309 electoral votes to Bush's 174, with fifty-five too close to call.(28) In London, Prime Minister Tony Blair went to bed contemplating his relationship with President-elect Kerry.(29)

As the last polling stations closed on the West Coast, exit polls showed Kerry ahead in ten of eleven battleground states -- including commanding leads in Ohio and Florida -- and winning by a million and a half votes nationally. The exit polls even showed Kerry breathing down Bush's neck in supposed GOP strongholds Virginia and North Carolina.(30) Against these numbers, the statistical likelihood of Bush winning was less than one in 450,000.(31) ''Either the exit polls, by and large, are completely wrong,'' a Fox News analyst declared, ''or George Bush loses.''(32)

But as the evening progressed, official tallies began to show implausible disparities -- as much as 9.5 percent -- with the exit polls. In ten of the eleven battleground states, the tallied margins departed from what the polls had predicted. In every case, the shift favored Bush. Based on exit polls, CNN had predicted Kerry defeating Bush in Ohio by a margin of 4.2 percentage points. Instead, election results showed Bush winning the state by 2.5 percent. Bush also tallied 6.5 percent more than the polls had predicted in Pennsylvania, and 4.9 percent more in Florida.(33)

According to Steven F. Freeman, a visiting scholar at the University of Pennsylvania who specializes in research methodology, the odds against all three of those shifts occurring in concert are one in 660,000. ''As much as we can say in sound science that something is impossible,'' he says, ''it is impossible that the discrepancies between predicted and actual vote count in the three critical battleground states of the 2004 election could have been due to chance or random error.'' (See The Tale of the Exit Polls)

Puzzled by the discrepancies, Freeman laboriously examined the raw polling data released by Edison/Mitofsky in January 2005. ''I'm not even political -- I despise the Democrats,'' he says. ''I'm a survey expert. I got into this because I was mystified about how the exit polls could have been so wrong.'' In his forthcoming book, Was the 2004 Presidential Election Stolen? Exit Polls, Election Fraud, and the Official Count, Freeman lays out a statistical analysis of the polls that is deeply troubling.

In its official postmortem report issued two months after the election, Edison/Mitofsky was unable to identify any flaw in its methodology -- so the pollsters, in essence, invented one for the electorate. According to Mitofsky, Bush partisans were simply disinclined to talk to exit pollsters on November 2nd(34) -- displaying a heretofore unknown and undocumented aversion that skewed the polls in Kerry's favor by a margin of 6.5 percent nationwide.(35)

Industry peers didn't buy it. John Zogby, one of the nation's leading pollsters, told me that Mitofsky's ''reluctant responder'' hypothesis is ''preposterous.''(36) Even Mitofsky, in his official report, underscored the hollowness of his theory: ''It is difficult to pinpoint precisely the reasons that, in general, Kerry voters were more likely to participate in the exit polls than Bush voters.''(37)

Now, thanks to careful examination of Mitofsky's own data by Freeman and a team of eight researchers, we can say conclusively that the theory is dead wrong. In fact it was Democrats, not Republicans, who were more disinclined to answer pollsters' questions on Election Day. In Bush strongholds, Freeman and the other researchers found that fifty-six percent of voters completed the exit survey -- compared to only fifty-three percent in Kerry strongholds.(38) ''The data presented to support the claim not only fails to substantiate it,'' observes Freeman, ''but actually contradicts it.''

What's more, Freeman found, the greatest disparities between exit polls and the official vote count came in Republican strongholds. In precincts where Bush received at least eighty percent of the vote, the exit polls were off by an average of ten percent. By contrast, in precincts where Kerry dominated by eighty percent or more, the exit polls were accurate to within three tenths of one percent -- a pattern that suggests Republican election officials stuffed the ballot box in Bush country.(39)

''When you look at the numbers, there is a tremendous amount of data that supports the supposition of election fraud,'' concludes Freeman. ''The discrepancies are higher in battleground states, higher where there were Republican governors, higher in states with greater proportions of African-American communities and higher in states where there were the most Election Day complaints. All these are strong indicators of fraud -- and yet this supposition has been utterly ignored by the press and, oddly, by the Democratic Party.''

The evidence is especially strong in Ohio. In January, a team of mathematicians from the National Election Data Archive, a nonpartisan watchdog group, compared the state's exit polls against the certified vote count in each of the forty-nine precincts polled by Edison/Mitofsky. In twenty-two of those precincts -- nearly half of those polled -- they discovered results that differed widely from the official tally. Once again -- against all odds -- the widespread discrepancies were stacked massively in Bush's favor: In only two of the suspect twenty-two precincts did the disparity benefit Kerry. The wildest discrepancy came from the precinct Mitofsky numbered ''27,'' in order to protect the anonymity of those surveyed. According to the exit poll, Kerry should have received sixty-seven percent of the vote in this precinct. Yet the certified tally gave him only thirty-eight percent. The statistical odds against such a variance are just shy of one in 3 billion.(40)

Such results, according to the archive, provide ''virtually irrefutable evidence of vote miscount.'' The discrepancies, the experts add, ''are consistent with the hypothesis that Kerry would have won Ohio's electoral votes if Ohio's official vote counts had accurately reflected voter intent.''(41) According to Ron Baiman, vice president of the archive and a public policy analyst at Loyola University in Chicago, ''No rigorous statistical explanation'' can explain the ''completely nonrandom'' disparities that almost uniformly benefited Bush. The final results, he adds, are ''completely consistent with election fraud -- specifically vote shifting.''

II. The Partisan Official

No state was more important in the 2004 election than Ohio. The state has been key to every Republican presidential victory since Abraham Lincoln's, and both parties overwhelmed the state with television ads, field organizers and volunteers in an effort to register new voters and energize old ones. Bush and Kerry traveled to Ohio a total of forty-nine times during the campaign -- more than to any other state.(42)

But in the battle for Ohio, Republicans had a distinct advantage: The man in charge of the counting was Kenneth Blackwell, the co-chair of President Bush's re-election committee.(43) As Ohio's secretary of state, Blackwell had broad powers to interpret and implement state and federal election laws -- setting standards for everything from the processing of voter registration to the conduct of official recounts.(44) And as Bush's re-election chair in Ohio, he had a powerful motivation to rig the rules for his candidate. Blackwell, in fact, served as the ''principal electoral system adviser'' for Bush during the 2000 recount in Florida,(45) where he witnessed firsthand the success of his counterpart Katherine Harris, the Florida secretary of state who co-chaired Bush's campaign there.(46)

Blackwell -- now the Republican candidate for governor of Ohio(47) -- is well-known in the state as a fierce partisan eager to rise in the GOP. An outspoken leader of Ohio's right-wing fundamentalists, he opposes abortion even in cases of rape(48) and was the chief cheerleader for the anti-gay-marriage amendment that Republicans employed to spark turnout in rural counties(49). He has openly denounced Kerry as ''an unapologetic liberal Democrat,''(50) and during the 2004 election he used his official powers to disenfranchise hundreds of thousands of Ohio citizens in Democratic strongholds. In a ruling issued two weeks before the election, a federal judge rebuked Blackwell for seeking to ''accomplish the same result in Ohio in 2004 that occurred in Florida in 2000.''(51)

''The secretary of state is supposed to administer elections -- not throw them,'' says Rep. Dennis Kucinich, a Democrat from Cleveland who has dealt with Blackwell for years. ''The election in Ohio in 2004 stands out as an example of how, under color of law, a state election official can frustrate the exercise of the right to vote.''

The most extensive investigation of what happened in Ohio was conducted by Rep. John Conyers, the ranking Democrat on the House Judiciary Committee.(52) Frustrated by his party's failure to follow up on the widespread evidence of voter intimidation and fraud, Conyers and the committee's minority staff held public hearings in Ohio, where they looked into more than 50,000 complaints from voters.(53) In January 2005, Conyers issued a detailed report that outlined ''massive and unprecedented voter irregularities and anomalies in Ohio.'' The problems, the report concludes, were ''caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell.''(54)

''Blackwell made Katherine Harris look like a cupcake,'' Conyers told me. ''He saw his role as limiting the participation of Democratic voters. We had hearings in Columbus for two days. We could have stayed two weeks, the level of fury was so high. Thousands of people wanted to testify. Nothing like this had ever happened to them before.''

When ROLLING STONE confronted Blackwell about his overtly partisan attempts to subvert the election, he dismissed any such claim as ''silly on its face.'' Ohio, he insisted in a telephone interview, set a ''gold standard'' for electoral fairness. In fact, his campaign to subvert the will of the voters had begun long before Election Day. Instead of welcoming the avalanche of citizen involvement sparked by the campaign, Blackwell permitted election officials in Cleveland, Cincinnati and Toledo to conduct a massive purge of their voter rolls, summarily expunging the names of more than 300,000 voters who had failed to cast ballots in the previous two national elections.(55) In Cleveland, which went five-to-one for Kerry, nearly one in four voters were wiped from the rolls between 2000 and 2004.(56)

There were legitimate reasons to clean up voting lists: Many of the names undoubtedly belonged to people who had moved or died. But thousands more were duly registered voters who were deprived of their constitutional right to vote -- often without any notification -- simply because they had decided not to go to the polls in prior elections.(57) In Cleveland's precinct 6C, where more than half the voters on the rolls were deleted,(58) turnout was only 7.1 percent(59) -- the lowest in the state.

According to the Conyers report, improper purging ''likely disenfranchised tens of thousands of voters statewide.''(60) If only one in ten of the 300,000 purged voters showed up on Election Day -- a conservative estimate, according to election scholars -- that is 30,000 citizens who were unfairly denied the opportunity to cast ballots.

III. The Strike Force

In the months leading up to the election, Ohio was in the midst of the biggest registration drive in its history. Tens of thousands of volunteers and paid political operatives from both parties canvassed the state, racing to register new voters in advance of the October 4th deadline. To those on the ground, it was clear that Democrats were outpacing their Republican counterparts: A New York Times analysis before the election found that new registrations in traditional Democratic strongholds were up 250 percent, compared to only twenty-five percent in Republican-leaning counties.(61) ''The Democrats have been beating the pants off us in the air and on the ground,'' a GOP county official in Columbus confessed to The Washington Times.(62)

To stem the tide of new registrations, the Republican National Committee and the Ohio Republican Party attempted to knock tens of thousands of predominantly minority and urban voters off the rolls through illegal mailings known in electioneering jargon as ''caging.'' During the Eighties, after the GOP used such mailings to disenfranchise nearly 76,000 black voters in New Jersey and Louisiana, it was forced to sign two separate court orders agreeing to abstain from caging.(63) But during the summer of 2004, the GOP targeted minority voters in Ohio by zip code, sending registered letters to more than 200,000 newly registered voters(64) in sixty-five counties.(65) On October 22nd, a mere eleven days before the election, Ohio Republican Party Chairman Bob Bennett -- who also chairs the board of elections in Cuyahoga County -- sought to invalidate the registrations of 35,427 voters who had refused to sign for the letters or whose mail came back as undeliverable.(66) Almost half of the challenged voters were from Democratic strongholds in and around Cleveland.(67)

There were plenty of valid reasons that voters had failed to respond to the mailings: The list included people who couldn't sign for the letters because they were serving in the U.S. military, college students whose school and home addresses differed,(68) and more than 1,000 homeless people who had no permanent mailing address.(69) But the undeliverable mail, Bennett claimed, proved the new registrations were fraudulent.

By law, each voter was supposed to receive a hearing before being stricken from the rolls.(70) Instead, in the week before the election, kangaroo courts were rapidly set up across the state at Blackwell's direction that would inevitably disenfranchise thousands of voters at a time(71) -- a process that one Democratic election official in Toledo likened to an ''inquisition.''(72) Not that anyone was given a chance to actually show up and defend their right to vote: Notices to challenged voters were not only sent out impossibly late in the process, they were mailed to the very addresses that the Republicans contended were faulty.(73) Adding to the atmosphere of intimidation, sheriff's detectives in Sandusky County were dispatched to the homes of challenged voters to investigate the GOP's claims of fraud.(74)

--
1) Manual Roig-Franzia and Dan Keating, ''Latest Conspiracy Theory -- Kerry Won -- Hits the Ether,'' The Washington Post, November 11, 2004. http://www.washingtonpost.com/wp-dyn/articles/A41106-2004Nov10.html

2) The New York Times Editorial Desk, ''About Those Election Results,'' The New York Times, November 14, 2004. http://select.nytimes.com/gst/abstract.html?res=F70615FA3C5B0C778DDDA80994DC404482&n
=Top%2fReference%2fTimes%20Topics%2fSubjects%2fE%2fElection%20Results

3) United States Department of Defense, ''Defense Department Special Briefing on Federal Voting Assistance Program,'' August 6, 2004. http://www.defenselink.mil/transcripts/2004/tr20040806-1502.html

4) Overseas Vote Foundation, ''2004 Post Election Survey Results,'' June 2005, page 11. http://www.overseasvotefoundation.org/downloads/surveys/ovf_survey_01jun2005_
v1.0_usletter.pdf

5) Jennifer Joan Lee, ''Pentagon Blocks Site for Voters Outside U.S.,'' International Herald Tribune, September 20, 2004.

6) Meg Landers, ''Librarian Bares Possible Voter Registration Dodge,'' Mail Tribune (Jackson County, OR), September 21, 2004. http://www.mailtribune.com/archive/2004/0921/local/stories/02local.htm

7) Mark Brunswick and Pat Doyle, ''Voter Registration; 3 former workers: Firm paid pro-Bush bonuses; One said he was told his job was to bring back cards for GOP voters,'' Star Tribune (Minneapolis, MN), October 27, 2004.

8) Federal Election Commission, Federal Elections 2004: Election Results for the U.S. President. http://www.fec.gov/pubrec/fe2004/2004pres.pdf

9) Ellen Theisen and Warren Stewart, Summary Report on New Mexico State Election Data, January 4, 2005, pg. 2. http://www.democracyfornewmexico.com/democracy_for_new_mexico/files/
NewMexico2004ElectionDataReport-v2.pdf

James W. Bronsan, ''In 2004, New Mexico Worst at Counting Votes,'' Scripps Howard News Service, December 22, 2004. 10) ''A Summary of the 2004 Election Day Survey; How We Voted: People, Ballots & Polling Places; A Report to the American People by the United States Election Assistance Commission,'' September 2005, pg. 10. http://www.eac.gov/election_survey_2004/pdf/EDS%20exec.%20summary.pdf

11) Facts mentioned in this paragraph are subsequently cited throughout the story.

12) See ''Ohio?s Missing Votes.''

13) Federal Election Commission, Federal Elections 2004: Election Results for the U.S. President. http://www.fec.gov/pubrec/fe2004/2004pres.pdf

14) Democratic National Committee, Voting Rights Institute, "Democracy at Risk: The 2004 Election in Ohio," June 22, 2005. Page 5 http://a9.g.akamai.net/7/9/8082/v001/www.democrats.org/pdfs/ohvrireport/fullreport.pdf

15) See ''VIII. Rural Counties.''

16) Evaluation of Edison/Mitofsky Election System 2004 prepared by Edison Media Research and Mitofksy International for the National Election Pool (NEP), January 19, 2005, Page 3 http://www.exit-poll.net/election-night/EvaluationJan192005.pdf

17) This refers to data for German national elections in 1994, 1998 and 2002, previously cited by Steven F. Freeman.

18) Dick Morris, "Those Faulty Exit Polls Were Sabotage," The Hill, November 4, 2004. http://www.hillnews.com/morris/110404.aspx

19) Martin Plissner, "Exit Polls to Protect the Vote," The New York Times, October 17, 2004.

20) Matt Kelley, "U.S. Money has Helped Opposition in Ukraine," Associated Press, December 11, 2004. http://www.signonsandiego.com/uniontrib/20041211/news_1n11usaid.html

Daniel Williams, "Court Rejects Ukraine Vote; Justices Cite Massive Fraud in Runoff, Set New Election," The Washington Post, December 4, 2004.

21) Steve Freeman and Joel Bleifuss, "Was the 2004 Presidential Election Stolen? Exit Polls, Election Fraud, and the Official Count," Seven Stories Press, July 2006, Page 102.

22) Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 3. http://www.exit-poll.net/election-night/EvaluationJan192005.pdf

23) Mitofsky International Web site. http://www.mitofskyinternational.com/company.htm

24) Tim Golden, "Election Near, Mexicans Question the Questioners," The New York Times, August 10, 1994.

25) Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 59.

26) Jonathan D. Simon, J.D., and Ron P. Baiman, Ph.D., "The 2004 Presidential Election: Who Won the Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data." FreePress.org, December 29, 2004, P. 9 http://freepress.org/images/departments/PopularVotePaper181_1.pdf

27) Analysis by Steven F. Freeman.

28) Freeman and Bleifuss, pg. 134

29) Jim Rutenberg, ''Report Says Problems Led to Skewing Survey Data,'' The New York Times, November 5, 2004.

30) Freeman and Bleifuss, pg. 134

31) Analysis of the 2004 Presidential Election Exit Poll Discrepancies. U.S. Count Votes. Baiman R, et al. March 31, 2005. Page 3. http://www.electionarchive.org/ucvAnalysis/US/Exit_Polls_2004_Edison-Mitofsky.pdf

32) Notes From Campaign Trail, Fox News Network, Live Event, 8:00 p.m. EST, November 2, 2004.

33) Freeman and Bleifuss, pg. 101-102

34) Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 4.

35) Freeman and Bleifuss, pg. 120.

36) Interview with John Zogby

37) Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 4.

38) Freeman and Bleifuss, pg. 128.

39) Freeman and Bleifuss, pg. 130.

40) "The Gun is Smoking: 2004 Ohio Precinct-level Exit Poll Data Show Virtually Irrefutable Evidence of Vote Miscount," U.S. Count Votes, National Election Data Archive, January 23, 2006. http://uscountvotes.org/ucvAnalysis/OH/Ohio-Exit-Polls-2004.pdf

41) ''The Gun is Smoking,'' pg. 16.

42) The Washington Post, "Charting the Campaign: Top Five Most Visited States," November 2, 2004. http://www.washingtonpost.com/wp-srv/politics/elections/2004/charting.html

43) John McCarthy, "Nearly a Month Later, Ohio Fight Goes On," Associated Press Online, November 30, 2004.

44) Ohio Revised Code, 3501.04, Chief Election Officer http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

45) Joe Hallett, ''Blackwell Joins GOP?s Spin Team,'' The Columbus Dispatch, November 30, 2004.

46) Gary Fineout, ''Records Indicate Harris on Defense,'' Ledger (Lakeland, Florida), November 18, 2000.

47) http://www.kenblackwell.com/

48) Joe Hallett, ''Governor; Aggressive First Round Culminates Tuesday,'' Columbus Dispatch, April 30, 2006. http://www.dispatch.com/extra/extra.php?story=dispatch/2006/04/30/20060430-B1-02.html

49) Sandy Theis, ''Blackwell Accused of Breaking Law by Pushing Same-Sex Marriage Ban,'' Plain Dealer (Cleveland, OH), October 29, 2004.

50) Raw Story, "Republican Ohio Secretary of State Boasts About Delivering Ohio to Bush." http://rawstory.rawprint.com/105/blackwell_campaign_letter2_105.php

51) In the United States District Court For the Northern District of Ohio Northern Division, The Sandusky County Democratic Party et al. v. J. Kenneth Blackwell, Case No. 3:04CV7582, Page 8. http://electionlawblog.org/archives/10-20%20Order.pdf

52) Preserving Democracy: What Went Wrong in Ohio, Status Report of the House Judiciary Committee Democratic Staff (Rep. John Conyers, Jr.), January 5, 2005. http://www.house.gov/judiciary_democrats/ohiostatusrept1505.pdf

53) Preserving Democracy, pg. 8.

54) Preserving Democracy, pg. 4.

55) The board of elections in Cuyahoga, Franklin and Hamilton counties.

56) Analysis by Richard Hayes Phillips, a voting rights advocate.

57) Fritz Wenzel, ''Purging of Rolls, Confusion Anger Voters; 41% of Nov. 2 Provisional Ballots Axed in Lucas County,'' Toledo Blade, January 9, 2005. http://toledoblade.com/apps/pbcs.dll/article?AID=/20050109/NEWS09/501090334&SearchID
=73195662517954

58) Analysis by Hayes Phillips.

59) Cuyahoga County Board of Elections

60) Preserving Democracy, pg. 6.

61) Ford Fessenden, ''A Big Increase of New Voters in Swing States,'' The New York Times, September 26, 2004. http://www.nytimes.com/2004/09/26/politics/campaign/26vote.html?ex=1254024000&en=
cd9ae70cb6e69619&ei=5088&partner=rssnyt

62) Ralph Z. Hallow, ''Republicans Go ?Under the Radar? in Rural Ohio,'' The Washington Times, October 28, 2004. http://washtimes.com/national/20041027-115211-1609r.htm

63) Jo Becker, ''GOP Challenging Voter Registrations,'' The Washington Post, October 29, 2004. http://www.washingtonpost.com/wp-dyn/articles/A7422-2004Oct28.html

64) Janet Babin, ''Voter Registrations Challenged in Ohio,'' NPR, All Things Considered, October 28, 2004.

65) In the United States District Court for the Southern District of Ohio, Western Division, Amy Miller et al. v. J. Kenneth Blackwell, Case no. C-1-04-735, Page 2. http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/election2004/mlrblackwell102704ord.pdf

66) Sandy Theis, "Fraud-Busters Busted; GOP?s Blanket Challenge Backfires in a Big Way," Plain Dealer, October 31, 2004.

67) Daniel Tokaji, "Early Returns on Election Reform," George Washington Law Review, Vol. 74, 2005, page 1235

68) Sandy Theis, "Fraud-Busters Busted; GOP?s Blanket Challenge Backfires in a Big Way," Plain Dealer, October 31, 2004.

69) Andrew Welsh-Huggins, ''Out of Country, Off Beaten Path; Reason for Voting Challenges Vary,'' Plain Dealer (Cleveland, OH), October 27, 2004.

70) Ohio Revised Code; 3505.19

71) Directive No. 2004-44 from J. Kenneth Blackwell, Ohio Sec?y of State, to All County Boards of Elections Members, Directors, and Deputy Directors 1 (Oct. 26, 2004).

72) Fritz Wenzel, ''Challenges Filed Against 931 Lucas County Voters,'' Toledo Blade, October 27, 2004. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20041027/
NEWS09/410270361/-1/NEWS

73) In the United States District Court for the Southern District of Ohio, Western Division, Amy Miller et al. v. J. Kenneth Blackwell, Case no. C-1-04-735, Page 4. http://news.corporatecounselcentre.ca/hdocs/docs/election2004/mlrblackwell102704ord.pdf

74) LaRaye Brown, ''Elections Board Plans Hearing For Challenges,'' The News Messenger, October 26, 2004.


ROBERT F. KENNEDY JR.

Posted Jun 01, 2006 5:02 PM


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