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Ex DOJ Voting Rights Chief: "It's Going to Take a Long Time to Cleanse" Department

A former top Department of Justice voting rights official -- who once worked with John McCain in defense of the senator's campaign-finance reform bill -- has added his name to the growing chorus that is denouncing the department's investigation of ACORN as a shameful and inappropriate politicization of Justice along the lines of the US attorney firings.

Speaking to TPMmuckraker, Gerry Hebert described the investigation, word of which was leaked off the record to the Associated Press less than three weeks before the election, as "a continuation of injecting DOJ into what has clearly become a political issue."

He continued: "That's really not the proper role for the DOJ, and why their policies counsel otherwise."

To demonstrate that point, Hebert provided TPMmuckraker with a copy of the department's Manual on Federal Prosecution of Election Offenses.

Under a section headlined "Investigative Considerations in Election Fraud Cases", the manual reads:

When investigating election fraud, three considerations that are absent from most criminal investigations must be kept in mind: (1) respect for the primary role of the states in administering the voting process, (2) an awareness of the role of the election in the governmental process, and (3) sensitivity to the exercise of First Amendment rights in the election context. As a result there are limitations on various investigative steps in an election fraud case.

In most cases, election-related documents should not be taken from the custody of local election administrators until the election to which they pertain has been certified, and the time for contesting the election results has expired. This avoids interfering with the governmental processes affected by the election

Another limitation affects voter interviews. Election fraud cases often depend on the testimony of individual voters whose votes were co-opted in one way or another. But in most cases voters should not be interviewed, or other voter-related investigation done, until after the election is over. Such overt investigative steps may chill legitimate voting activities. They are also likely to be perceived by voters and candidates as an intrusion into the election. Indeed, the fact of a federal criminal investigation may itself become an issue in the election.

Although it is unclear whether the FBI has taken information or interviewed voters, Hebert argued that the new ACORN investigation clearly violates the manual's guidelines, both in terms of its timing -- initiated so close to election day -- and in terms of the off-the-record leak by which it was publicized.

Hebert served 21 years at DOJ's civil-rights division, including a stint as acting head of the voting rights section.* He left in 1994 and now heads a public interest legal non-profit. In 2003, he represented McCain and Sen. Russ Feingold, when the campaign-finance reform legislation authored by the two senators was challenged by conservative activist groups.

Hebert, noting that he had been at DOJ during the administrations of Richard Nixon and Ronald Reagan, added: "During the twenty-one years I was there, even though there were political appointees who I worked with, never did we inject partisan considerations into our law-enforcement responsibilities. That has clearly not been the case in recent years under this administration. And it's going to take a long time to cleanse the Department of Justice."

The Obama campaign, House Judiciary chair John Conyers, and, in an interview with TPMmuckraker, former US attorney David Iglesias, have all also connected the FBI's ACORN investigation to the kind of politicization exposed in the firings saga.

* This sentence has been corrected from an earlier version.


52 Comments

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Good job keeping this front and center.

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I can't hear any calls for Muckasey to resign! I wonder why that would be so. Surely interfering with a Presidential election is a crime unless done by the US Supreme Court, in which case it is simply protecting the loser from the harm that would be caused by losing. So, listen as I shout out my window -- Muckasey must go! Muckasey must go! Begone Muckasey!

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after reviewing the DOJ's own manual, i will join your call, hoppy.

muckasey must go.

this is absolutely unacceptable. "DOJ Violating Own Rules by Interfering with Election" ought to be the front page headline in every newspaper in the country.

this isn't about acorn. this is about mccain's RNC and bush's DOJ.

and the only appropriate response is outrage.

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Mukasey should never have been allowed to run the DOJ in the first place.
But Democrats Schumer and Feinstein joined Repubs against the decent elements of the SJC to appoint him.
Both Schumer and Feinstein are as corrupt as any Republican. They are as deserving of the people's wrath as Mukasey himself.

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that sort of false equivalence is no more valid than the false equivalence practiced by the mainstream news media.

given that mukasey's confirmation vote in the senate was the narrowest in confirming an AG in 50 years and all four dem senators running for the presidential nomination, including obama and biden, skipped the vote they would deserve to share as much responsibility as anyone - IF we applied the same false equivalence you advocate.

over-heated rhetoric is counterproductive.

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Feinstein had the opportunity to stop him in committee. Yes, she is more culpable than Obama.

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don't be silly. while the committee might have voted to not endorse him, his nomination would not have been stopped in committee.

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and again, my point is about false equivalence.

saying that schumer and feinstein are 'as corrupt' and 'as deserving of wrath' leaves no room for evaluating, as you do, who might be 'more culpable' or less culpable.

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Mukasey needed the approval of the Senate Judiciary Committee- and of at least two of the democrats on that Committee. Ted Kennedy asked Mukasey a simple question about Geneva Convention violations, ie., would Mukasey prosecute cases of torture? Mukasey refused to answer.

Those on the SJC drew the obvious inference from Mukasey's non-answer: They knew perfectly well that Mukasey would be as bad, or worse, than Alberto Gonzales.

Here are your non-culpable Senators Schumer and Feinstein displaying their naive trust in this Grand Inquisitor:

'All of the Democrats and most of the Republicans who spoke agreed that waterboarding is illegal under both U.S. and international law. Feinstein said she was troubled by Mukasey's refusal to agree with that.

"But I don't believe that Judge Mukasey should be denied confirmation for failing to provide an absolute answer on this one subject," Feinstein said.

And Feinstein relied, too, on assurances Mukasey had given to Schumer:

"He has personally made clear to me that if Congress passes a bill banning torture, he will enforce it," Schumer said.

That prompted this response from Sen. Ben Cardin (D-MD):

"Does that mean we have to outlaw the rack?" Cardin asked. "I'm even more troubled."

And Sen. Edward M. Kennedy (D-MA) asked why, in essence, the Senate should trust Mukasey's assurance about enforcing a new law when laws on the books already prohibit waterboarding.

"We are supposed to find comfort in the representation by a nominee to the highest law-enforcement office in the country that he will, in fact, enforce the laws that we pass in the future? Can our standards really have sunk so low?" Kennedy asked.'

http://www.npr.org/templates/story/story.php?storyId=16053182

It is true that I waste no more time on invectives against the likes of Arlen Specter. Republican culpability is a given at this point. But these criminals had associates, and those associates are just as culpable as their more infamous ringleaders.

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again, you completely ignore my point.

you obviously are incapable of comprehending that there are degrees of culpability.

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A person who endorses an Attorney general who refuses to uphold the Geneva Conventions is culpable enough.

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I admit, I get angrier at people like Schumer or Arlen Specter, or indeed Michael Mukasey, than I ever could at Bush or Alberto Gonzales, because the former have more than a rudimentary ganglion perched atop their spines, and they should know better.
So yes, the blame is apportioned wrongly.
It is the same reason I feel sorry for McCain. He sounds like a child next to Obama.
A certain amount of brainpower is necessary for someone to be assigned 'culpability.' That's why I never wasted time wondering why, say, Sam Brownback voted to confirm Mukasey. I did expect a hell of a lot more from Schumer.

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You are wrong. If Schumer and Feinstein had not endorsed him, he would not have become AG.
Bush cannot appoint anyone to this key Cabinet office without the approval of the SJC.

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no. you are wrong.

the committee does not need to endorse the appointee in order for the senate to confirm the appointment.

this can happen if the committee votes against endorsing the appointee but forwards the appointment to the full senate with no recommendation.

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and you can be sure that even if schumer and feinstein had voted against mukasey, the majority of dems on the committee would have still voted to forward his appointment to the full senate with no recommendation.

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McCain=Bush

Keep up the good work.

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i think two other paragraphs from the manual are even more relevant.

from the section "FEDERAL ROLE: PROSECUTION, NOT INTERVENTION":

The principal responsibility for overseeing the election process rests with the states. With the significant exception of violations of the Voting Rights Act involving denigration of the right to vote based on race, ethnicity, or language minority status, the federal government plays a role secondary to that of the states in election matters. It is the states that have primary authority to ensure that only qualified individuals register and vote, that the polling process is conducted fairly, and that the candidate who received the most valid votes is certified as the winner.

...

Because the federal prosecutor’s function in the area of election fraud is not primarily preventative, any criminal investigation by the Department must be conducted in a way that minimizes the likelihood that the investigation itself may become a factor in the election. The mere fact that a criminal investigation is being conducted may impact upon the adjudication of election litigation and contests in state courts. Moreover, the seizure by federal authorities of documentation generated by the election process may deprive state election and judicial authorities of critical materials needed to resolve election disputes, conduct recounts, and certify the ultimate winners. Accordingly, it is the general policy of the Department not to conduct overt investigations, including interviews with individual voters, until after the outcome of the election allegedly affected by the fraud is certified.


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ACORN is receiving and was just granted a major piece of Federal Funding for the purpose of these activities, hence they can investigate them. duh this Ex DOJ should go back to law school. I hope they continue! There is the difference it's not one voter its a business that accepted Federal money and committed a the crime of Fraud. Federal prosecution for these as well as other types of activities are common place. I know I work in the legal profession and am involved in prosecution of companies every day. This company in addition to the voter registration fraud has hidden the fact that the fonders family embezzled large sums of money. There are plenty of reasons to investigate this company, and they will turn up some suprises I am sure. Why is the truth so fearful for folks? Why don't you care if this is the will of the people or fraud. It seems that a more important issue is at hand here, does a vote REALLY MATTER. I am scared at the lack of ethic's people are displaying on the Democratic Party so much so I will vote Republican and switch from a Democrat. I am interested in doing what is right not being a co-dependant to crimimals. I will be voting I have nothing to hide. The only ones who won't come will be people who have registered fraudulently, convicted felons who are afraid because they don't have the right to vote. I can't find a fearful Democrat anywhere for God sakes Grandma (a Democrat) has been caught changing a persons vote (a Republican's)in an old persons home and assaulted the voter who protested (the Republican). People who may have committed some crime they are running from may not turn out. I don't see the injury there! Those who are legitimate will vote period.

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Interested in doing what is right and supporting the Republicans? Umm...yeah.

Can a troll live under the bridge to nowhere?

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Sometimes commenters are their own worst enemy.

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seriously.

but then incoherence seems to be the republicans' only real theme at this point. glad to see the trolls have gotten on that pony and decided to RIDE!

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You're about as convincing a lawyer as Joe the Plumber is as a "independent" businessman who will plumb himself into a 250K income.

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You're about as convincing a lawyer as Joe the Plumber is as a "independent" businessman who will plumb himself into a 250K income.

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We want accountability..not excuses..no more excuses...I expect Dianne Fienstien and Chuck Schumer to lead the way for justice...by demanding for either impeachment or the resignation of A.G. Mukasey..(its the least those two can do...)

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We want accountability..not excuses..no more excuses...I expect Dianne Fienstien and Chuck Schumer to lead the way for justice...by demanding for either impeachment or the resignation of A.G.
I'm in total agreement ..... time for these labeled Democrats playing Republican to either redeem themselves or be pushed out, OUT IS PREFERRED!
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After ASH; Muck; and AL (I don't recall) GONZO, there's a wonder why the place still stinks to high heaven? It may take until the end of President Obama's first term to weed out all of the bushies that are hiding under rocks.

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DOJ doesn't have standing at this stage of events. The Federal Election Commission does. My guess is that then have been active regarding ACORN allegations. I suspect that the FEC has pretty much found that ACORN is in broad compliance with election law. Had they found issues with ACORN they would have referred it to the DOJ and at that time they would have standing. As it is the DOJ is a rogue elephant throwing its weight around where it doesn't belong.

On another subject; Sarah Palin is not a pit bull in lipstick as she likes to proclaim. She is a charming Joseph McCarthy in a dress. Her charge that only red States are pro American States is straight out of the McCarthy playbook. Her involvement with the John Birch Society and the Alaskan sessionist group just cements who she really is.

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Thanks for running this story which is linked on RealityChex.com at http://www.realitychex.com along with other stories about the Republican voter suppression efforts. It's heartening to know the Obama camp is actually pushing back rather than just wringing its hands in traditional Democratic style.

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This is absolutely deplorable, absolutely deplorable, I CAN'T WAIT TO THROW THESE BASTARDS OUT OF THE DOJ AND OUT OF OUR WHITE HOUSE.

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Why Don't Dems Just Fight Fire with Fire with Own Robocalls
http://satiricalpolitical.com/?p=4099

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What is worse is that, to varying degree, there has been a purge of career employees throughout our Federal government. Many of the people with knowledge how their agencies run and how to accomplish their missions been pushed out, replaced by cronies, donors, volunteers, etc. of Bush's Republican establishment. They've gutted our government, and by doing so, have caused considerable damage to America.

It's going to take a long time for our next president (which hopefully will be Obama) to get out the incompetents and get good people back. The fact that Obama's transition team is working hard to prepare (and the fact that the head of his team isn't a former lobbyist for Saddam Hussein) is a good sign.

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Someone should go to jail for this. Someone is breaking the law. How far up does it go? Past Mukasey?

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This voter suppression business is Rove's. That weasel has been building these bankrupt schemes for the "permanent Republican majority" for decades. He didn't get a real boost up until he was a part of the 2000 gang. He was able to go large and national in ways he'd only dreamed of before. His dream realized has become our country's living nightmare.
Without a doubt, Cheney and Bush were all over the plan like cheap suits.

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So, now we can put impeachment back on the table? We will have to rush the Judicial Committee hearings, call Congress back in session, rush the "trial" in the Senate, and just maybe we can cut this administration short by 2 days. Sounds like a plan---or maybe just a Monty Python script.

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seriously.

but what's so frustrating is that impeachment was 'off the table' primarily because the republicans had abused that power as well. if the republicans hadn't misused the power of impeachment against bush's predecessor with all their much ado about so little hysterics i can't imagine that someone in the bush administration wouldn't have been impeached. (not that any of that would have stopped the republicans if the shoe were on the other foot...)

since we can't seem to use the legitimate power of prosecution appropriately, hopefully in the next four years we can at least get some solid legislation in place that goes toward the prevention of these many abuses of power we've been subjected to. (not holding breath)

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Impeachment would be sweet. Shipment to The Hague for war crimes would be sweeter!

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Opposing ACORN is just another form of veiled (or not-so-veiled) recism.

How about this racist?

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NOBODY seems to be making the connection between the McCarthy like rants of Michele Bachman and the ACORN voter fraud issues. Bachmann is a graduate of Oral Roberts University Law School. She is also a tax attorney. Guess who else is a graduate of ORU? MONICA GOODLING?.Remember her? She figured prominently in th voter fraud scandal that resulted in the FIRING of DOJ attorneys,like David Igelsias, who REFUSED to undertake BASELESS voter fraud cases in states where GOP were in tight races against DEMS?HELLO!!!!!

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Remember Rachel Paulose who finally got booted from her USA postion? That was in MN. She too was close to Goodling? Did she too go to Oral Roberts? I bet she did!

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Correction on the Connection. Goodling attended Pat Robertson's Christian law school,Regent University. However, the tenets of both Roberts and Robertson's law schools were to expressly train Christian lawmakers who would go on to shape and reflect the Judeo-Christian values in the future, here in America. ORU law school is now defunct.

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If Goodling, Paulose, and Bachman represent Christianity, count me as a Pagan.

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Here is Footnote 5 from the letter to Mukasey from Attorney Bauer of the Obama campaign:

Here’s Footnote 5:

In the last week, several members of Congress who are officially affiliated with the McCain-Palin campaign have written to the Attorney General and U.S. Attorneys pressuring them to investigate ACORN. Among the McCain-Palin surrogates and campaign officials who have written such a letter are:
Senator George Voinovich (R-OH),
Senator John Cornyn (R-TX),
Rep. Michelle Bachmann (R-MN),
Rep. Roy Blunt (R-MO),
Rep. Paul Ryan (R-WI).
Such efforts in the days leading up to the election are precisely the sort of politically-motivated efforts to influence the Department’s investigative and prosecutorial efforts that were roundly condemned by the DOJ Report and which remain under investigation by the Department.

Michelle Bachmann has been very busy trying to influence the election.

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How do newly registered voters confirm that their registration is valid? can this be done now? is there a phone number for people to call if their registration has not gone through? Is there some proactive, preemptive action that can be taken here, or do they just find out their rights were stripped on election day?

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most secretary of state websites should have a way for voters to check on their registration status.

you should also be able to contact your county clerk to verify your registration.

newly registered voters (or anyone who has changed their address) should absolutely verify their registration well before election day.

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Thought Goodling went to Pat Robertson's Law School--Regent.

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Here's the type of "evidence" the DOJ "probe" is based on:
http://www.freep.com/article/20081017/NEWS15/81017065
I quote from the article,
"In Michigan, the Free Press reported last month that clerks were seeing numerous problems with registration cards turned in by ACORN, which led state Attorney General Mike Cox to look into the matter. This week, he announced the arrest of a man for allegedly falsifying six registration cards in Jackson, Mich. ACORN officials in Michigan argued that the timing – coming this week – appeared political, but an official in Cox’s office said that had nothing to do with it, that the investigation took time."
Do you believe this!?! Literally a federal case being made out of weighty piffle like 6 registration cards. A guy is in jail for this and Karl Rove flits around as free as a bird.
Honest to God, how do the Democrats look themselves in the mirror? This crap from right wing ops has been going on for years and years. Legitimate votes are kneecapped by the tens (perhaps hundreds) of thousands with these "challenges" brought by Rovian minions. It's only one tentacle in the suppress the vote octopus.
And that's to say nothing of the people who are intimidated into avoiding the ballot box altogether because of these tactics.
Such diabolical crap!

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There is a great article on this subject in The Atlanta Journal-Constitution:

http://www.ajc.com/services/content/printedition/2008/10/19/tucked.html

It is the best piece on the subject so far....

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Voter intimidation and harassment by the repugs are going to be a huge issue in the last two weeks of this campaign. The Obama campaign has a web site to report abuse and is also actively recruiting volunteer attorneys to travel to battleground states to help protect voters. You can report abuse at an election site and also sign up to volunteer if you are an attorney.

http://my.barackobama.com/page/content/vrachome

This is strictly an Obama website. Common Cause has an "Election Protection" program but it is nonpartisan (supposedly). I called them and do not feel they would act with sufficient urgency. I know from my work in the primary for Obama that their system for dealing with voter harassment is much better than what Kerry had in 2004. Everything about their campaign is much better than Kerry's for that matter.

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Where was the so called outrage and concern for registration errors when the republicans stole the race from Al Gore in 2000 ???

This is just another tactic John McCain is
using to divide this country.

He is not satisfied using Lies, Fear and Hate, he has to throw this in for extra meassure.

I am very disappointed in a man I thought operated with some level of decency, McCain.

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Los Angeles Times

Mark Jacoby, who was arrested in Ontario and owns a firm hired by the California Republican Party, violated state registration laws, authorities say.

By Evan Halper, Los Angeles Times Staff Writer
2:38 PM PDT, October 19, 2008

SACRAMENTO -- The owner of a firm that the California Republican Party hired to register tens of thousands of voters this year was arrested in Ontario late last night on suspicion of voter registration fraud.

State and local investigators allege that Mark Jacoby fraudulently registered himself to vote at a childhood California address where he no longer lives so he would appear to meet the legal requirement that signature gatherers be eligible to vote in California.

Jacoby's arrest by state investigators and the Ontario Police Department comes after dozens of voters said they were duped into registering as Republicans by his firm, Young Political Majors, or YPM. The voters said YPM tricked them by saying they were signing a petition to toughen penalties against child molesters. The firm was paid $7 to $12 for every Californian it registered as a member of the GOP.

Several agencies had launched investigations into Jacoby's activities, including the Los Angeles County district attorney's office, which issued the warrant for his arrest earlier this month on felony charges of voter registration fraud and perjury.

http://www.latimes.com/news/local/la-me-fraud20-2008oct20,0,3842357.story

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Excellent reporting, all. Thanks.

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Here's something WE could get into robocalling with:

Inundated a few months ago, Mary-Kay Gamel, literature professor at U.C. Santa Cruz disabused all inquirers as to her purported authorship of an account of one family's nightmare week-long vacation to Turtle Island in Fiji circa 2000 WITH THE McCAIN CLAN.

The same account can now be found on another website, that of Neil Young, authored by Doctor Ana Dubey who is a practicing psychologist in San Francisco.

Given the amazing allegations made in the written account, it is not hard to understand why a mainstream media outlet or a political or current events website would touch it. Why suffer a storm of attack dogs, storm troopers (digital and otherwise) and Gordon Liddy wannabes?

Why would a major artist such as singer/songwriter Neil Young hazard the blowback from acting as an agent publicizing the allegations. He is known as having supported Ronald Reagan's re-election in 1984 and no one excepting a certifiable kook would suspect him of being a Rove operator of the left. He would not be so stupid as to feature the allegations in the way that he has without his lawyer and his record label's lawyers vetting Ms. Dubey and her allegations in equal measure.

Moreover, it is well known that Neil's father has had a career in journalism in Canada and has been quite well known and respected north of the border.

Artist Young has deep pockets. His label has deep pockets and the McCains can surely afford the finest lawyers in the nation.

Wake up people; there may likely be gold here:

http://www.neilyoung.com/lwwtoday/index.html

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