OK, here's what should be the nail in the coffin for conservative claims that ACORN is poised to steal the New Jersey governor's race through rampant voter fraud.
Brian Kettenring, an ACORN spokesman, tells TPMmuckraker that the much-maligned group has conducted absolutely no political or voter registration activity in the state during the 2009 cycle. And Kettenring added that ACORN had done very little such work during the 2008 cycle.
PERMALINK | COMMENTS (16) | RECOMMEND RECOMMEND (4)Some conservatives are proudly showing off what they claim is a real live case of voter fraud today. Election Journal and Red State are both trumpeting this 30-second video of a young voter in New Jersey telling the tale of his stolen vote.
Election Journal, which last year released a widely-played video of the New Black Panthers supposedly scaring voters from the polls, posted the video this afternoon under the title "Concerns over absentee ballots realized."
In it, the voter says he gave his name to election officials, only to find that he had already voted.
"I walk in there, tell them my name and it says that I have a mail thing, someone sent it in the mail. But I never sent mine in the mail, so I had to file a provisional in order to be able vote," says the voter, who identifies himself as Mark Allen of Galloway, N.J.
Another election, another boatload of evidence-free Republican claims of voter fraud...
In part because it's the closest of the major races, the New Jersey governor's race has been the focus of the GOP's dire warnings. Here's how the campaign to stoke fears over voter fraud in the Garden State has ramped up in recent days:
PERMALINK | COMMENTS (34) | RECOMMEND RECOMMEND (4)One point that often gets overlooked in the current freak-out over ACORN, is that the US attorney firings were, in part, a different manifestation of the same Republican-driven campaign to discredit and sideline the group that we've seen recently.
MSNBC's Rachel Maddow last night interviewed David Iglesias, and reminded us that Iglesias was fired in large part for not pursuing bogus voter fraud cases tied to ACORN. The New Mexico GOP, along with Karl Rove, understood that hampering the registration of poor and minority voters was crucial to boosting Republicans' chances in the minority-heavy state. And that pressuring law enforcement to bring voter fraud cases implicating ACORN, despite the lack of evidence, was the best way to do it.
PERMALINK | COMMENTS (2) | RECOMMEND RECOMMEND (3)ACORN has been contacted by the FBI and the Brooklyn district attorney's office in connection to the recent scandal in which staffers were caught on video advising two people posing as a pimp and a prostitute on how to break the law.
The news was revealed by Arthur Schwartz, ACORN's general counsel, on a conference call with reporters moments ago. (Full disclosure: Almost a decade ago, I was hired by Schwartz to work on a political campaign.) Schwartz said that the requests for information were not subpoenas, but confirmed that they were part of investigations into possible criminal activity revealed by the videos. He added that ACORN is cooperating with those requests.
PERMALINK | COMMENTS (32) | RECOMMEND RECOMMEND (1)Some Republican foes of ACORN have been calling since last week for a Justice Department investigation of the beleaguered group, in the wake of the now-famous hidden camera scandal.
And it looks like a DOJ probe, of a kind, will indeed go forward.
PERMALINK | COMMENTS (2) | RECOMMEND RECOMMEND (1)President Obama said yesterday that ACORN should be investigated -- though he didn't specify by who.
Speaking on ABC's This Week, as part of yesterday's talk-show blitz, Obama said that what he'd seen on the now-famous ACORN videos "was certainly inappropriate and deserves to be investigated."
Whatever you think about ACORN, poor people and minorities may end up being hurt the most by Congress's sudden vendetta against the group.
As we told you, the House yesterday overwhelmingly backed a Republican measure to cut off all federal funding from ACORN, in the wake of a scandal in which employees were caught on camera advising two people posing as a pimp and a prostitute on how to break the law.
PERMALINK | COMMENTS (11) | RECOMMEND RECOMMEND (2)In the wake of a scandal in which employees were caught on tape advising people posing as a prostitute and pimp in how to break the law, the House of Representatives voted today to strip ACORN of all federal funding.
The vote was 345-75 on a measured pushed by GOP House leader John Boehner. The Senate voted earlier this week to withdraw housing and urban development funding. But the House bill would remove all federal funding.
As you probably know by now, last week two conservative activists set off a frenzy in the right-wing media by posting videos in which they posed as a pimp and a prostitute -- complete with outlandish costumes -- and asked employees of ACORN for advice on how to conceal the woman's source of income on their tax forms. ACORN employees in Baltimore, Washington D.C., and Brooklyn, fell for the sting, offering advice to the young couple on how to deceive the government.
ACORN fired the employees involved, but that hasn't stopped coverage of the scandal from mushrooming beyond Fox's Glenn Beck and quickly going mainstream.
PERMALINK | COMMENTS (53) | RECOMMEND RECOMMEND (3)
Before Recount, GOP Smearing Minnesota Sec Of StateThe recount in the Minnesota Senate race hasn't even begun yet, but already the GOP is working to delegitimize it in advance, by smearing the man who will run it as a partisan Democrat.
The National Republican Senatorial Committee (NRSC) has been distributing to reporters a three-page "backgrounder" that attacks Secretary of State Mark Ritchie, a Democrat, for having spoken at the Democratic convention this summer, and for having "led a voter registration coalition that included ACORN," among other alleged sins.
In the first vote count, Republican incumbent Norm Coleman currently holds an edge of around 200 votes over Democratic challenger Al Franken, though that number may continue to dwindle as more votes are counted. Either way, the margin is easily close enough to require a recount under state law, which will begin next week under Ritchie's supervision.
Despite the backgrounder's sometimes hysterical compilation of anti-Ritchie greatest hits -- it claims that "the Communist Party USA Wrote Encouragingly Of His Candidacy," citing an unsourced line from a report in the Minneapolis Star Tribue -- there's no evidence that Ritchie has ever used his role as the state's top elections administrator to advantage Democrats.
But that likely misses the point of the GOP gambit, which appears to be to cast public doubt on the integrity of the recount process, thereby bolstering Coleman's claim that's he's the rightful winner and that a recount is unnecessary -- just the strategy pursued by George Bush's campaign in Florida in 2000.
Indeed, Coleman's shrinking lead in the first count has already prompted him to try to question the ongoing vote counting. A lawyer for the campaign yesterday told The Politico: "We're not going to sit idly by, while mysterious, statistically dubious changes in vote totals take place after official government offices close."
PERMALINK | COMMENTS (31) | RECOMMEND RECOMMEND (26)
Legislating Early Voting and Universal Registration Create Partisan RiftsAs we spend the day recounting yesterday, there were no incidents of voter fraud in the states where the GOP made a fuss over ACORN and other voter registration groups.
In fact, voting went remarkably smoothly, despite the surge in turnout -- a result, many voter experts say, of the use of early voting in key states.
Which raises key questions -- why isn't there early voting in all states? And after all of the debate over voter registration fraud, why not just institute universal voter registration?
"The single most important thing that Congress can do right now is create universal voter registration, which would mean that all eligible voters are automatically registered," said Rosemary E. Rodriguez, the chairwoman of the federal Election Assistance Commission, in an article on the subject in the New York Times this morning.
The majority of states -- 32 -- have early-voting, with Congress discussing its expansion, the Times reports.
In fact, legislation for universal registration is already in the works in Sen. Hillary Clinton's office -- which would minimize long lines and the problems created by third-party groups like ACORN, which might sate the appetite of the GOP who has long accused ACORN of propagating voter registration fraud.
But, as the Times points out, even though making voting easier might sound like a non-partisan issue accepted by both sides of the aisle, it is anything but:
Lorraine C. Minnite, a political science professor and voting rights expert at Barnard College, said Republicans had generally resisted such efforts in part out of concern about ineligible voters like noncitizens being permitted to vote."But the bigger reason that Republicans have resisted expanding the franchise," Dr. Minnite said, "is that the new people who are likely to come into the electorate are more often of lower income and are people of color, who tend to vote Democratic."
Tom Jensen, a Democratic pollster based in Raleigh, N.C., said early voting gave Mr. Obama the edge for his narrow victory in North Carolina by offering his campaign more time to organize rides and get people to the polls. Mr. Jensen noted that Mr. Obama won early balloting by 178,000 votes but lost among Election Day voters by 165,000 votes.
"Obama had a great ground game," he said, "but if you only have 13 hours to get everyone out, it's much harder."
Ohio and Minn. Sec Of States: No Reports Of Voter FraudSince we're rounding up the evidence (or lack thereof) of voter fraud taking place yesterday, it's worth also noting what the top election officials in Ohio and Minnesota told us on Tuesday night.
Ohio secretary of state Jennifer Brunner, a Democrat, said in a statement released toTPMmuckraker the night of the election: "We have received no reports of election irregularities in Ohio today - and we have been on the lookout for any hint of illegal voting or voter suppression."
And her counterpart in Minnesota, Mark Ritchie, also a Democrat, told TPMmuckraker in an interview that his office had received no reports of voter fraud.
In both states, Republicans or their allies had raised concerns about the possibility for fraud. Brunner had reportedly received death threats after she fought a GOP lawsuit aimed at cracking down on voter fraud. The Supreme Court sided with Brunner.
PERMALINK | COMMENTS (6) | RECOMMEND RECOMMEND (7)
PA: No Voter Fraud Issues, Despite GOP SuitIn Pennsylvania, where the state Republican party had filed a grab-bag of a lawsuit related to concerns over the integrity of the vote, there were no such problems yesterday.
Voting did not always go smoothly, reports the Associated Press. Fox News showed footage of a man in Black Panther attire holding a nightstick at the doorway of a polling place. There were long lines at many other locations. And according to voting rights groups, some voters whose names were missing from registration books were sent away without being given provisional ballots, as required.
But none of these problems related to voter fraud. That issue had been the major underlying concern of a lawsuit filed late last month by the GOP. It sought, among other things, to force ACORN air public-service announcements reminding first-time voters that they must bring identification to the polls, and to compel the state to provide more provisional ballots.
A judge rejected the suit.
PERMALINK | COMMENTS (3) | RECOMMEND RECOMMEND (4)
Minnesota Sec of State: No Reports Of Voter FraudMinnesota Secretary of State Mark Ritchie says that his office received no reports whatsoever of fraudulent voting occurring today.
Ritchie, a Democrat, told TPMmuckraker that one young man did attempt to sell his vote on eBay(!), but he was quickly apprehended and charged with a felony. No one voted fraudulently in his name.
Minnesota Majority, a conservative group, had raised concerns about voter fraud in recent weeks.
Earlier tonight, we posted a statement from Ohio Secretary of State Jennifer Brunner, saying she also had received no reports of illegal voting in her state.
Ritchie said his office would conduct a review of the state database in the coming weeks, and that it was possible that they would find a very few cases of ineligible voters casting ballots.
But he stressed that, in his experience, genuine voter fraud "does not happen."
He added: "The specter of this is raised as a political strategy," by losing candidates, to explain their losses. Ritchie called the strategy "despicable."
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No Restraining Order For Rogers -- Voter Intimidation Suit ContinuesA judge declined today to grant a temporary restraining order against Pat Rogers, the New Mexico GOP lawyer who is being sued by MALDEF for alleged voter intimidation.
Nina Perales, a lawyer for MALDEF, told TPMmuckraker that despite the judge's decision, her organization believed it had achieved its goals, because Al Romero -- the private investigator hired by Rogers -- testified under oath that he would not go back to the home of one of the plaintiffs, Dora Escobedo, to question her about voting.
Romero's visits to Escobedo and another Hispanic woman in Albuquerque -- during which he questioned them about their right to vote -- triggered the lawsuit.
The visits were reported last month by TPMmuckraker and others.
Perales said MALDEF's lawsuit against Rogers and Romero continues, and will move to the discovery phase.
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No Ruling Yet On Restraining Order For RogersThe court hearing the lawsuit filed by MALDEF against New Mexico GOP lawyer Pat Rogers did not rule yesterday on the plaintiffs' request for a restraining order to be placed on Rogers, reports the Albuquerque Journal.
The plaintiffs, two Hispanic voters in Albuquerque, want Rogers and Al Romero, the private investigator and ex-FBI agent hired by Rogers, prohibited from intimidating the plaintiffs or challenging their ballots.
The judge, William P. Johnson, questioned lawyers for the plaintiffs skeptically, reports the paper, but said the hearing will continue this morning.
Rogers' attorneys argued that Rogers had hired Romero not because he wanted to intimidate voters, but because he wanted to investigate ACORN for a possible lawsuit. ACORN had registered the plaintiffs to vote. Romero's visits to one of the plaintiffs, Dora Escobedo, and to another voter, were reported last month by TPMmuckraker and the New Mexico Independent.
But Escobedo told the court that Romero came to her home and intimidated her about her right to vote, adding that he "not only threatened me, but he made fun of me."
Romero's lawyer said Romero didn't threaten Escobedo, and that he had good reason to visit her because her voter registration form contained discrepancies.
After the hearing, Rogers told reporters: "This (lawsuit) is clearly a strategy to distract Republican lawyers from the duty at hand, which is getting out the vote."
PERMALINK | COMMENTS (2) | RECOMMEND RECOMMEND (1)
More Use Of P.I.s By GOP In New Mexico?Is the Republican National Committee, too, turning to private investigators to help make it harder to vote in New Mexico?
David O'Niell, a P.I in the state, has told the New Mexico Independent that he was contacted by Todd Stefan of SETEC investigations, who told O'Niell he was recruiting P.I.s to advise poll challengers on election day, and was working on behalf of the Republican National Committee.
Stefan declined to confirm to the Independent that he was working for the RNC, but said: "I was told to see if there were some individuals, people with investigative experience, IT [information technology] experience... to advise attorneys and make sure that everything goes smoothly."
Voting- and civil-rights groups last week filed suit against the New Mexico GOP and Pat Rogers, a lawyer associated with the party, after the Independent and TPMmuckraker reported that Rogers had hired a private investigator who questioned several Hispanics in Albuquerque about their right to vote.
No evidence has yet emerged tying the national GOP to that alleged scheme.
In Wisconsin, the Republican Attorney General has called for law enforcement agents to serve as poll-watchers.
PERMALINK | COMMENTS (0) | RECOMMEND RECOMMEND (5)
Restraining Order For NM GOP Lawyer?A hearing is scheduled for this afternoon in the suit filed last week by MALDEF against New Mexico GOP lawyer Pat Rogers. The suit, triggered by reporting from TPMmuckraker and others, alleges that Rogers hired a private investigator, Al Romero, to intimidate Hispanics in Albuquerque about their right to vote. Romero is also named as a defendant.
MALDEF, which is bringing the suit on behalf of two of the voters in question, wants an injunction blocking Rogers from conducting further alleged intimidation of the plaintiffs, and from challenging the plaintiffs' right to vote.
The hearing will occur at 3pm EST today, before U.S. District Court Judge Martha Vázquez in Albuquerque. We'll keep you posted on what happens.
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McCain Camp Can't Give Example Of Registration Fraud Leading To Voter Fraud A member of John McCain's "Honest and Open Election Committee" has admitted that he can't give a single example of voter registration fraud leading to actual voter fraud.
In an interview with Pro Publica, which was also published on Politico.com, Ronald Michaelson, a veteran elections administrator, acknowledged:
"Do we have a documented instance of voting fraud that resulted from a phony registration form? No, I can't cite one, chapter and verse."
The Honest and Open Election Committee was set up by the McCain camp to provide a veneer of expertise and non-partisanship to the campaign's efforts to stoke fears about voter fraud. In a September conference call, one of the committee chair's, ex-Missouri senator John Danforth, highlighted reports of faulty registration forms in Michigan, Colorado, and other states, and tried to link ACORN to Barack Obama.
Michaelson also admitted, in Pro Publica's words, that "an election-rigging scheme starting with phony application forms would not make much sense." But he argued that the mere perception of fraud can do damage to the integrity of the election.
Of course, the McCain campaign and other Republicans have been the foremost creators of that perception. Earlier this month in a presidential debate, McCain warned darkly that ACORN -- the community organizing group that Republicans have tried to turn into a voter-fraud boogeyman -- "is now on the verge of maybe perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy."
Pro Publica adds that a McCain campaign spokesman couldn't do much better than Michaelson:
Asked for specifics about the dangers of fake registration, Ben Porritt, a spokesman for the McCain campaign, provided links to 13 news clips and a 2003 Missouri state auditor's report. Eleven of the cases did not involve registration fraud. Two recounted how felons appeared to have cast illegal votes under their own names. The lone example of a forged registration leading to an illegitimate vote comes from The Wall Street Journal's John Fund, who in April 2006 wrote that a community organizer had improperly registered a noncitizen, and then "someone eventually voted in [the noncitizen's] name."PERMALINK | COMMENTS (4) | RECOMMEND RECOMMEND (8)
ICE Probing Leak On Obama's AuntVia Ben Smith, a statement from the U.S. Immigration and Customs Enforcement, on the leak to the Associated Press of immigration information about Obama's aunt.
Early this morning, the matter was refered (sic) to Inspector General and ICE's Office of Professional Responsibility for action. They are looking into whether there was a violation of policy in publicly disclosing individual case information.
We also learned earlier today that internal Justice Department investigators are looking into the leaking of information, earlier this month, about a nationwide FBI probe of ACORN.
To be clear, though ICE appears to be the most likely source of the leak about Obama's aunt, we don't know with 100 percent certainty that that's where it came from. The Associated Press attributed its report to two sources, "one of them a federal law enforcment official." According to Dan Kowalski, an immigration law expert and the editor of the the online newsletter, Benders Immigration Bulletin,, the information would have been available to people at several government agencies, both at the Department of Homeland Security (of which ICE is a part) and the Department of Justice, which would have an enforcement role in immigration proceedings.
PERMALINK | COMMENTS (2) | RECOMMEND RECOMMEND (10)Rep. John Conyers, the chair of the House Judiciary Committee, has responded to the Bush administration's leak of information on the immigration status of Obama's aunt.
In a hastily written letter, Conyers makes the same connection that we did with the administration's leaking of information on the FBI's nationwide investigation of ACORN. Both leaks went to the Associated Press, and appear to have been done for political purposes.
There's some other news in the letter in regard to that leak about ACORN. Conyers writes:
[I]n recent weeks law enforcement sources leaked information about an alleged investigation of a community services organization, a leak that the Department of Justice informs me is now under investigation by the Department's Office of the Inspector General and Professional Responsibility.
So, two internal DOJ offices are looking into the ACORN leak. That's certainly worth keeping an eye on.
The full text of the letter follows after the jump...
PERMALINK | COMMENTS (10) | RECOMMEND RECOMMEND (17)
Von Spakovsky and Co. Urge DOJ To Keep Probing Voter FraudFive ex-DOJ officials have written to Attorney General Michael Mukasey, urging him to keep investigating whether ACORN committed voter fraud in its registration efforts, Roll Call reports.
The group, led by leading voting-rights foe Hans Von Spakovsky, wrote:
"We hope that you will assure the American people that your Department intends to investigate and prosecute any and all instances of voter registration and other fraud occurring in the days leading up to the election, and that you will enforce all of the federal voting rights laws that are important to preserving the fairness and security of the election process..."
The other members of the group, according to Roll Call, are Former Assistant Attorney General William Bradford Reynolds and former Deputy Assistant Attorneys General Roger Clegg, Michael Carvin and Robert Driscoll.
Earlier this month, sources leaked to the Associated Press that the FBI had launched a naitonwide investigation into ACORN. Since then, few details about the probe have emerged. DOJ has declined to confirm its existence on the record, and ACORN recently said it had not been contacted in connection to the investigation.
Von Spakovsky was nominated for a seat on the Federal Elections Commission last year, but the Democratic Senate refused to confirm him. TPMmuckraker reported in August that he had been given a temporary appointment at the U.S. Commission on Civil Rights.
Penn Judge Rejects GOP Suppression BidAdd Pennsylvania to the list of states where GOP voter suppression efforts are going down in flames.
A state judge yesterday declined to support a grab-bag of a lawsuit filed by the party, which had sought to require ACORN both to turn over a list of the 140,000 voters it says it has registered, which could have made it easier for the GOP to challenge voters at the polls.
The suit also sought, among other things, to force ACORN air public-service announcements reminding first-time voters that they must bring identification to the polls, and to compel the state to provide more provisional ballots.
According to the Associated Press, the judge, Robert Simpson Jr., said "he was not convinced that the party and its fellow individual plaintiffs can ultimately prove their allegations that ACORN is fostering voter-registration fraud and that the state's election system lacks the safeguards to stop it."
Another one, apparently, bites the dust.
PERMALINK | COMMENTS (9) | RECOMMEND RECOMMEND (19)
GOP Voter Suppression: More Miss than HitYesterday we posted a quick round-up of the various voter-suppression schemes being pushed by Republicans in swing states around the country. And after looking at the list, one thing quickly becomes clear: most of the efforts have failed.
There's no one grand unifying theory for why that's true.
In some cases, the courts have rejected GOP efforts to make voting harder:
In other states, Democratic state officials or voting-rights advocates have held the line:
Report: DOJ Lawyer Meets With ACLU On NM Voter IntimidationEarlier this evening, a Justice Department spokesman told TPMmuckraker that the department was looking into claims of voter intimidation in New Mexico, stemming from reports last week by us and other outlets that a lawyer tied to the state GOP had hired a private investigator to question Hispanics about their right to vote.
Now, the New Mexico Independent, which originally reported on the intimidation along with TPMmuckraker, adds some detail to that picture.
The news site reports:
An attorney with the U.S. Department of Justice met with a staff attorney from the American Civil Liberties Union of New Mexico today regarding reports of voter intimidation here, said a spokesperson for ACLU.Before flying back to Washington, D.C., the attorney, who works in the voting section of DOJ's Civil Rights Division, picked up copies of the press packet handed out by state Republicans on Oct. 16.
That last sentence refers to a press conference held by the state Republican Party, at which it released the names of 10 voters it claimed had voted illegally in a Democratic primary in June. It was later established that the voters were in fact eligible. But relatives of two of those voters told TPMmuckraker and the New Mexico Independent that they had received intimidating visits from a private investigator apparently hired by Republican lawyer Pat Rogers.
ACLU filed suit on Monday against the state party, alleging that it illegally interfered with the individuals' right to vote.
And now it looks like the Justice Department is on the case.
PERMALINK | COMMENTS (9) | RECOMMEND RECOMMEND (10)There are so many Republican gambits designed to make voting more difficult -- specifically for Democrats, of course -- that it can be hard to keep track of them all. So here's a handy -- and by no means comprehensive -- guide to what's happening in some of the key swing states.
Ohio
The U.S. Supreme Court earlier this month denied a bid by the state GOP to force Democratic secretary of state Jennifer Brunner to provide local election officials with lists of new voters whose registration information did not match that on other government documents. Voting-rights advocates had feared that making Brunner hand over the lists could lead to a slew of GOP challenges, forcing hundreds of thousands of voters to cast provisional ballots. Republican leader (and Ohioan) John Boehner -- with help from the White House -- has asked the Department of Justice to step in, but few observers expect DOJ to take any action so close to the election.
New Mexico
The state GOP earlier this month held a press conference at which it released the names of 10 voters it said had voted fraudulently in a Democratic primary in June. After ACORN helped established that the voters, almost all Hispanic, were in fact legitimate, TPMmuckraker and others reported that GOP lawyer Pat Rogers apparently hired a private investigator, who intimidated some of the voters by going to their homes to question them about their voting status. Rogers, the P.I. and the state party are now being sued for voter intimidation by several voting-rights groups.
Indiana
The Lake County GOP sued to shut down early voting centers set up by the county election board in Democratic-leaning cities in the northern part of the county. A judge declined to shut down the sites, though an appeal is scheduled to be heard later this week. But in the meantime, early voting at the centers has been proceeding. In addition, the Republican secretary of state, Todd Rokita, has called on law enforcement to prosecute ACORN for submitting 1400 suspicious-looking voter-registration forms in the county.
Nevada
The chair of the state GOP wrote to Democratic Secretary of State Ross Miller, asking him to require newly registered voters to cast provisional ballots if they correct mismatches in their voter information at the polls. Miller responded with an interpretation of state law that rejected the GOP's request.
Pennsylvania
The state GOP has filed a lawsuit designed to cast doubt on 140,000 voter-registration applications submitted by ACORN in four counties. Among other things, it would require the state to provide additional provisional ballots in the counties at issue. Democratic Secretary of State pedro Cortes has called the "frivolous", saying it's designed to undermine confidence in the system. The court has not yet ruled on the suit.
Montana
The state GOP announced earlier this month that it was formally challenging the eligibility of 6,000 people in Democratic-leaning counties, based in discrepancies in their addresses. After it emerged that among the challenged voters were a World War II veteran who had moved across town that year, and a member of the Army Reserve about to ship out to Kuwait, the move was condemned even by some prominent Republicans in the state. The challenge was withdrawn, and the man behind, it, Jacob Eaton, the party's executive director, quit.
Florida
In early September, Secretary of State Kurt Browning, a Republican, instructed election officials to reject voter registration applications that do not pass a computer match test. Voter rights groups say the system can disqualify voters based on nothing more than a missing middle initial on their voter form, and that the late date of the order could cause additional confusion. They fear the move could disenfranchise tens of thousands of legitimate voters. And in a rare case of a Republican making voting easier, Governor Charlie Crist yesterday ordered extended hours for early voting centers, after long lines were reported in many parts of the state.
Wisconsin
Republican Attorney General J.B. Van Hollen filed suit against the state's election board, demanding that it confirm the eligibility of tens of thousands of new voters. In a recent interview with CNN, Van Hollen admitted that the GOP "may have asked lawyers in my office to file the lawsuit." A county court threw the suit out, but Van Hollen soon announced the formation of a "voter fraud task force", which would involve stationing 50 state prosecutors and other law-enforcement agents at the polls on election day, a move state Democrats have denounced as an effort to intimidate voters.
Colorado
A voting-rights group, filed a lawsuit against Republican Secretary of State Mike Coffman, alleging that over 35,000 voters were purged from the rolls illegally. The suit, which was heard in court today, claims that voters have been removed from the rolls based on a faulty system for identifying illegitimate voters, and within 90 days of the election -- both of which violate the federal Voting Rights Act. Coffman, who is running for the U.S. Congress in this election, denies that any rules were broken.
Indiana Sec of State on Blacks and Dems: "Who's the Master and Who's the Slave?"Todd Rokita -- the Indiana secretary of state who wants ACORN prosecuted for voter fraud -- may be the gift that keeps on giving.
Earlier today, we reported that Rokita, a Republican, has said he's proud that he was part of the team of GOP activists that descended on Florida and pulled out all the stops to block the 2000 recount and put George Bush in the White House.
Now, a reader points us to this 2007 Associated Press story, which reports:
During a speech Thursday at a Republican event, Todd Rokita said 90 percent of blacks vote for Democrats."How can that be?" Rokita said. "Ninety to ten. Who's the master and who's the slave in that relationship? How can that be
healthy?"
So:
- Committed GOP partisan -- check.
- History of racially insensitive comments -- check.
Sounds like just the guy to be running a close election in a year when the first major-party African-American candidate is on the ballot.
PERMALINK | COMMENTS (16) | RECOMMEND RECOMMEND (19)
Indiana GOP Sec of State Helped Stop Florida RecountYesterday we told you about an effort by Indiana's Republican secretary of state, Todd Rokita, to press federal and state authorities to prosecute ACORN for voter fraud. Rokita had said a review by his office of forms submitted by ACORN found "multiple criminal violations."
But it turns out that Rokita hardly has a reputation as a non-partisan public official. In October 2002, the South Bend Tribune reported (via nexis):
Working on his own time, [Rokita] also assisted George W. Bush's campaign during the infamous Florida election recount in 2000. Rokita is proud of that, especially because the U.S. Supreme Court cited Indiana election law when it decided the election in Bush's favor.
That background as a partisan knife-fighter is worth keeping in mind as Rokita seeks to stoke fears about voter fraud -- and, more generally, as he administers what could be a very close election in Indiana.
PERMALINK | COMMENTS (9) | RECOMMEND RECOMMEND (12)
Penn. GOP Sues Over ACORNThe latest in the GOP's actions against ACORN come in Pennsylvania, where Republicans have filed suit amid allegations that the group engaged in widespread voter registration fraud.
From the Philadelphia Inquirer:
The suit asks Commonwealth Court to force Pedro Cortés, Pennsylvania's secretary of state, to ensure that the state database used by county elections officials to approve local registration applications is working properly. GOP officials said that they have had reports that the database is often down, creating a backlog of registrations.PERMALINK | COMMENTS (5) | RECOMMEND RECOMMEND (3)The complaint also asks that the court require the state to provide a significantly larger number of provisional ballots at each polling place so that voters whose registrations have not been processed by Election Day can cast ballots. It also asks the court to order ACORN to provide a complete list of all the applications it has obtained and to fund public-service announcements informing first-time voters that they are required to show proof of identity before casting ballots.
Cortés called the suit frivolous and said the allegations are "aimed at doing nothing other than undermining voters' confidence just 18 days before the election."
"The fact that apparently fraudulent registrations have been identified is a testament to the safeguards we have in place to prevent ineligible voters from casting a ballot," said Cortés, adding that the state has not received any complaints about the database system.
Voting-Rights Groups Sue NM GOP, Alleging Voter IntimidationACORN has announced that it's assisting in two lawsuits filed against the New Mexico Republican GOP, alleging voter intimidation. The ACLU and Project Vote -- a group that's been described as an ACORN affiliate -- are filing suit in state court, and the Mexican American Legal Defense and Educational Fund (MALDEF) is suing in federal court, according to Matthew Henderson of ACORN's New Mexico office*.
News of the suits comes after the party publicly released the names of ten voters it falsely claimed had voted fraudulently, and after TPMmuckraker and others reported claims that a private investigator, who said he was working with state GOP lawyer Pat Rogers, had questioned two Hispanic voters about their eligibility to vote.
We reported Friday that, according to several voting-rights experts, the activities of the private investigator -- and perhaps those who hired him -- may violate federal law. Voting-rights advocates have forwarded reports of the encounters to DOJ voting officials.
In a press release, ACORN's Dana Gallegos said:
These are all minority voters. Many of them are young, and one is a new citizen. ACORN has worked hard to get these types of new voters involved in the democratic process. We will not tolerate attempts by the Republican Party to suppress the Hispanic vote in New Mexico.
* This paragraph has been edited from an earlier version.
Update: Here's the ACLU/Project Vote suit.
Update II: Here's the MALDEF suit, which names as defendants Pat Rogers and private investigator Al Romero.
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Did New Mexico GOP Lawyer Hire P.I. To Intimidate Minority Voters?Minority voters in New Mexico report to TPMmuckraker that a private investigator working with Republican party lawyer Pat Rogers has appeared in person at the homes of their family members, intimidating and confusing them about their right to vote in the general election.
Earlier this week, we reported that Rogers -- a lawyer and state committeeman for the GOP, who in previous elections worked closely with the party in pressuring New Mexico U.S. Attorney David Iglesias to pursue bogus voter fraud cases -- is involved with a new effort to gin up concerns about the issue. Last week the state party falsely claimed that 28 people had voted fraudulently in a local Democratic primary race in June. Rogers, described in an Associated Press report on the allegations as "an attorney who advises the state GOP," told the news wire that the party planned to turn the suspect forms over to law enforcement authorities.
The visits to minority voters by the P.I. appear to be connected to last week's effort.
The story starts last week, when several representatives of the New Mexico Republican party, including Rogers, held a press conference to announce that 28 people had voted fraudulently in a Democratic primary in June in Bernalillo county, which contains Albuquerque. The party released the names of ten of these people -- almost all of whom are Hispanic.
The allegations quickly fell apart. ACORN announced that it had contacted the county clerk's office, who had verified that all of the voters were in fact legitimate. The group now says it has independently contacted 8 of these 10 voters to separately verify their validity.
At that point, the national GOP, which had at first jumped on the story as rare evidence of genuine voter fraud, seemed to quietly back off.
But that wasn't the end of the story.
Guadalupe Bojorquez, who works in law enforcement in Albuquerque, told TPMmuckraker today that her mother, Dora Escobedo, was one of the ten voters whose names were released by the GOP. After this happened, said Bojorquez, her mother had been contacted by the voter registration group ACORN. Bojorquez, with ACORN's help, confirmed with the county clerk that her mother, who does not speak English, is indeed eligible to vote, and had been when she voted in June.
Nonetheless, Bojorquez said that her mother yesterday received a visit from a man who asked for her personal information, including an ID, in reference to her eligibility to vote. Bojorquez told TPMmuckraker that according to her mother, at one point the man asked what she would do if immigration authorities contacted her.
After Bojorquez's mother, frightened, refused to let him in the door, the man waited outside her house. Eventually, Bojorquez's brother arrived at the house, emboldening Bojorquez's mother to go outside, call Bojorquez, and put her on the phone with the man.
Bojorquez said the man told her he wanted to make sure her mother knew that she shouldn't be voting, and continued to ask for her mother's personal information. When Bojorquez said that no information would be handed over unless the man revealed who he was employed by, he said he was a private investigator hired by Pat Rogers. He told Bojorquez his name was Al Romero, and left a number at which Bojorquez could contact him.
Bojorquez added that in fact, her mother has already voted in the general election, by absentee ballot -- which she is eligible for because she has trouble walking -- so Romero's efforts on that front were in vain.
Another Albuquerque woman had a similar experience.
Jenais Griego told TPMmuckraker that yesterday, as she arrived home with her kids, a man in a beige Chevy Silverado pulled up, removed a notebook from his pocket, and said he was looking for Emily Garcia. Garcia is Griego's grandmother -- Griego said Garcia, who works as a home care-giver, lists Griego's address for her mail -- and, like Escobedo, was one of the voters named by the GOP last week as having voted fraudulently in June.
Griego said she allowed the man in, and when she asked him for identification, he pulled out a card that gave his name as Al Romero. She said the man had a redacted copy of Garcia's voter registration form, and asked whether Garcia intended to vote. He said if she intended to do so, she needed to make sure she was properly registered.
As with Bojorquez and Escobedo, Griego said that Garcia had already confirmed after the GOP press conference that she was indeed a valid voter. An ACORN worker had come to her house to explain that the GOP had questioned her registration, and, along with Griego, they had contacted the county clerk to ensure that she could legitimately vote, and had done so in June.
So when Romero asked Griego whether Garcia intended to vote, Griego replied that she did. At that point, said Griego, Romero became "angry" and "upset," and left abruptly.
Rogers did not return several calls from TPMmuckraker seeking comment. But last week he said that the state party had hired a private investigator in connection with vote fraud.
Reached by TPMmuckraker at the phone number he provided to Bojorquez, Romero said he didn't have time to talk about the matter. He did not respond to repeated follow-up calls.
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US Attorney's Office Involved In Voter-Fraud Probe in NMWe've got a bit more information on the FBI's investigation into voter fraud that's taking place in New Mexico.
Last Friday, the Associated Press reported that FBI agents had met with Bernalillo County clerk Maggie Toulouse Oliver, "after she notified authorities about an estimated 1,500 possibly fraudulent voter registration cards."
And speaking today to TPMmuckraker, Toulouse Oliver added a bit of detail to that picture. She said she had passed on redacted copies of the suspicious forms (many of which had badly mismatched information, or listed addresses that did not exist) to the offices of the District Attorney and the US Attorney in the area. When the FBI contacted her, it said it had been asked to follow up by the US Attorney' office. And the meeting between Toulouse Oliver and an FBI agent was also attended by an Assistant US Attorney.
The US Attorney's office didn't return a call seeking comment. But it appears that the office is taking a lead role in the investigation.
It's worth noting that David Iglesias was fired from that very US Attorney's office largely for his reluctance to pursue bogus voter fraud claims.
What's still unclear is how closely the probe is tied to the nationwide investigation into ACORN's voter registration activities that we learned about last week. ACORN is active in Bernalillo County.
Report: ACORN May Have Used Charitable Money For Political WorkHere's something sure to provide grist for a thousand new Republican attacks.
ACORN -- the community organizing group that the McCain campaign and the RNC have been working to turn into a short-hand for (unfounded) fears of voter fraud -- may have broken federal laws covering how it can spend money and resources among its many affiliates, according to a story in the New York Times.
The Grey Lady reveals that an internal report written by an ACORN lawyer spells out "concerns about potentially improper use of charitable dollars for political purposes; money transfers among the affiliates; and potential conflicts created by employees working for multiple affiliates, among other things."
The finding in the report with perhaps the most immediate significance to ACORN's prominent role in the campaign concerns the relationship between the group and Project Vote, an affiliated charity that does voter-registration work with ACORN. ACORN, a non-profit corporation, can legally do partisan political work, but Project Vote, a tax-exempt charity, can't.
The report found:
[T]he tight relationship between Project Vote and Acorn made it impossible to document that Project Vote's money had been used in a strictly nonpartisan manner. Until the embezzlement scandal broke last summer, Project Vote's board was made up entirely of Acorn staff members and Acorn members.
Here's the argument Republicans will likely use to tie this news to their ongoing attacks on ACORN's voter-registration activities: if the non-partisan group that ACORN partners with on voter registration work is in practice controlled by ACORN proper, which can legally conduct partisan political activities, it's more plausible that the fraudulent registration forms submitted by Project Vote are part of a politically motivated scheme to sway the election -- as the GOP has been claiming, without evidence, all along -- rather than honest mistakes.
The other thing to note is that when Republicans talk about Obama's ties to ACORN, they're often talking about a short period in 1992 when he worked for Project Vote, though the relationship between the two groups appears to have been less close at the time.
So today's news will add fuel to both of those fires. But the crucial point on ACORN as it relates to this election -- that there's still essentially no evidence whatsoever of voter registration fraud actually leading to voter fraud -- is as true today as it was yesterday.
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Nevada GOP Cracking Down On Urban VotersThe GOP effort to suppress the vote has reared its head in Nevada.
Yesterday, Sue Lowden, the state Republican chair, sent a letter to Democratic Secretary of State Ross Miller, asking him to prevent some from voting, because their registrations are incomplete.
How may peope are we talking about? Jon Ralston of the Las Vegas Sun reports: "I understand that 2,300 forms have been identified in urban counties."
Lowden argues that allowing these people to vote on the spot after fixing the errors violates a law that requires voter registration be closed three weeks before election day. She wants these voters to be made to cast provisional ballots -- which are often tied in legal challenges before being counted.
Miller's office has said it is working on an interpretation of the law.
Last month, Miller engineered a high-profile raid on an ACORN office in Las Vegas after fraudulent registration forms were submitted, despite the fact that ACORN claimed it was cooperating with investigators.
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NM GOP Lawyer Pushing Voter Fraud: It's "Single Greatest Wedge Issue Ever."Yesterday we told you about Pat Rogers, the New Mexico Republican lawyer who, according to reports, is deeply involved in the state party's effort to make an issue out of voter fraud -- despite essentially no evidence that such fraud is occurring. As we noted, Rogers also played a central role a few years ago in pressuring former U.S. attorney David Iglesias to bring politically motivated voter-fraud cases. Iglesias' reluctance to bring such cases led to his firing in 2006.
But it's worth paying a bit more attention to Rogers, to see how the Justice Department's new nationwide investigation into ACORN, in which New Mexico seems to be a crucial focus -- appears to represent the very same politicization of DOJ that was exposed in the scandal over the US attorney firings.
As we noted yesterday, Rogers' role in pressing Iglesias to pursue voter fraud prosecutions was extensive. According to the OIG report on the firings, Rogers set up a lunch meeting with Iglesias, and met with an FBI agent -- among many other activities -- to push the issue.
Perhaps most damagingly, the report contains a September 2004 email sent to Iglesias and several staffers for New Mexico's GOP congressional delegation, in which Rogers admitted that he was interested in the issue in large part for its potential to help the GOP:
I believe the [voter] ID issue should be used (now) at all levels - federal, state legislative races and Heather [Wilson]'s race ... You are not going to find a better wedge issue ... I've got to believe the [voter] ID issue would do Heather more good than another ad talking about how much federal taxpayer money she has put into the (state) education system and social security ... This is the single best wedge issue, ever in NM. We will not have this opportunity again ... Today, we expect to file a new Public Records lawsuit, by 3 Republican legislators, demanding the Bernalillo county clerk locate and produce (before Oct 15) ALL of the registrations signed by the ACORN employee.
But Rogers is no mere local player on the Republican voter fraud team. He was on the board of the American Center for Voting Rights (ACVR), a fake think-tank which was little more than an effort by GOP operatives to offer an intellectual gloss to politically motivated claims of voter fraud -- and which abruptly closed down operations in 2007.
ACVR was run by Mark "Thor" Hearne, who served as national election counsel to President Bush's 2004 reelection campaign. Jim Dyke -- who was the communications director of the Republican National Committee during the 2004 election, and went on to work for both the White House and for Vice President Cheney -- was also involved.
Writing in Slate last year, election-law expert Rick Hasen described ACVR's modus operandi:
Consisting of little more than a post-office box and some staffers who wrote reports and gave helpful quotes about the pervasive problems of voter fraud to the press, the group identified Democratic cities as hot spots for voter fraud, then pushed the line that "election integrity" required making it harder for people to vote. The group issued reports (PDF) on areas in the country of special concern, areas that coincidentally tended to be presidential battleground states. In many of these places, it now appears the White House was pressuring U.S. attorneys to bring more voter-fraud prosecutions.
Here's Rogers, on behalf of ACVR, telling CNN back in 2004 about the need for "safeguards to make sure that citizens only are voting."
And now this is the guy who's involved in pushing voter fraud claims in connection with an investigation in which the FBI is already involved.
Rogers did not immediately respond to a request for comment.
It's also worth keeping in mind that New Mexico -- which went for Al Gore in 2000 by just 365 votes, and President Bush in 2004 by around 6000 -- is crucial for John McCain's chances. Today, MSNBC.com quotes an RNC official saying: "[T]he numbers -- public and private -- in the [south west] have swung wildly. We believe the possibility of NV or NM breaking at the last minute is likely and we have our dominos lined up to knock down the win at the last minute."
It looks like one of those dominoes is Rogers' effort to use bogus claims of voter fraud as "the single best wedge issue ever."
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NM GOP Lawyer Cited In Iglesias Firing Is Back Pushing Bogus Voter Fraud ClaimsThe evidence is growing that the FBI's investigation into ACORN is just the latest iteration of the unprecedented politicization of the Department of Justice that was exposed in the US attorney firings scandal.
Rep. John Conyers, the chair of the House Judiciary Committee, today released a second letter about the FBI probe to Attorney General Michael Mukasey. Conyers
noted that the New Mexico GOP last week held a press conference where it publicly named people it said had voted fraudulently in a Democratic primary in June, as part of an ongoing FBI investigation into voter fraud. (ACORN appears to have subsequently shown that those voters were in fact valid.)
And Conyers goes on to make a great catch. He notes that "New Mexico lawyer Pat Rogers -- described in the local press as 'an attorney who advises the state GOP' -- is apparently playing a key role in pressing these current claims." (Conyers is referring to this Associated Press report.)
Conyers continues:
Mr. Rogers, however, appears repeatedly in the report on the U.S. Attorney firings, prepared by the Department's Office of the Inspector General and Professional Responsibility, which documented his actions making flawed claims of voter fraud and bringing unwarranted pressure to bear on law enforcement officials, including Mr. Iglesias, in 2006.
In other words, one of the very same New Mexico GOP activists who was found in the OIG report to have tried to pressure David Iglesias to bring bogus voter-fraud prosecutions is still on the case, and has now helped to get a new federal investigation launched just weeks before the election.
And remember: the OIG report definitively concluded that Iglesias was fired as New Mexico's US attorney for his reluctance to follow up on politically motivated voter-fraud claims, made by local Republicans including Rogers.
There's a broader point worth making too: It's looking more and more like New Mexico is ground zero for the FBI's new investigation. (Remember that the Wall Streeet Journal had reported back on October 9 -- a good week before the news of a nationwide FBI probe broke -- that the bureau was looking into voter fraud in New Mexico.) And given what we saw happen to Iglesias, the FBI's focus on the state, apparently in response to GOP complaints, is further evidence that what's happening in 2008 has as a lot in common with what happened in 2006.
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Right-Wing Pundit On Voter Fraud Claim: Never MindHere's a funny example of how "voter-fraud" hysteria is starting to make some conservatives look kind of foolish.
In a post Friday on the website of the conservative magazine National Review, Jim Geraghty touted the New Mexico GOP's no-longer-operative claim that 28 people had voted fraudulently in a Democratic primary in June.
Then, attacking Adam Serwer of The American Prospect, who in an earlier post had questioned Geraghty's obsession with vote fraud, Geraghty wrote:
Now, unless A. Serwer thinks that there is actually a registered voter named "Duran Duran" in New Mexico, he ought to refrain from sputtering that those who disagree with him are 'racist' and 'paranoid.'The person who is "Duran Duran" almost certainly voted under their real name, and thus got two votes in the primary. God knows how many of those 27 others exist; for all we know, one person might have cast all of them. Anybody who voted once had their vote diluted by the guy who cheated to vote two to twenty-seven times.
Geraghty sourced the Duran Duran claim, via link, to a column on the conservative web site Townhall.com, which described an Associated Press report that we weren't able to find. (What appears to be the original AP story on the GOP's claims contained no such detail.)
But it looks like what Geraghty and Townhall thought was a cut-and-dried example of fraudulent voting was no such thing. Some time later, Geraghty, was forced to correct the record, crossing out the quote above and adding the following update below his post:
I am floored by the fact that the white pages for Albuquereque, New Mexico has a listing for "Duran Duran." Mea culpa.
And sure enough.
The larger point is that, as we noted earlier, since Friday, ACORN has produced election officials to confirm that the "fraudulent" voters cited by the GOP were in fact valid.
Looks like both Republicans and conservative pundits might want to be a little more careful before throwing around claims of voter fraud. Not that we're holding our breath.
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RNC On New Mexico "Voter Fraud": Never MindAs if you needed any more evidence that the Republican effort to tout voter fraud is less about legitimate claims and more about a political agenda, consider this sequence of events:
Last week, as we noted at the time, the New Mexico GOP had publicly claimed that 28 people voted fraudulently in the Democratic primary, held in June, for a local race.
Then this morning, the RNC sent out a press release announcing a 3pm conference call with reporters "on the recent developments in New Mexico regarding ACORN."
But at 11am, ACORN -- the community organizing group that Republicans have been trying lately to turn into a voter fraud boogeyman -- held a conference call of its own, asserting that local election officials had confirmed that the 28 people in question, mostly low-income Latinos, were valid voters.
So here at TPMmuckraker, we wondered what the RNC's response to this would be. And on the 3pm call, we asked party spokesman Danny Diaz.
Diaz dodged the question. He talked about an incident with ACORN in Washington state, then referred us to an October 9th Wall Street Journal story, which did not address the allegation made last week by the state GOP about fraudulent voting in the Democratic primary. (Instead, it reported that the FBI had opened a preliminary investigation into thousands of fraudulent registration forms submitted in an area near an ACORN office.)
When we tried to follow up, Diaz cut us off and shifted the discussion toward a general attack on ACORN for submitting fraudulent registrations.
In other words, it looks like the RNC had scheduled a call to tout evidence of voter fraud -- not voter registration fraud, mind you, but actual voter fraud -- being perpetrated by ACORN in New Mexico. But when ACORN appeared to come up with compelling evidence that no such fraud had occurred, the RNC held the call anyway, simply shifting the focus to other vague allegations against ACORN -- then refused to address the New Mexico situation when asked.
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Ex-DOJ Voting Rights Chief On Bogus Voter Fraud Probe: "There Is No Shame."Since the news was reported last week that the FBI, less than three weeks before the election, is launching a voter-registration-fraud investigation into ACORN, we've seen a number of former top DOJ voting-rights officials --as well as former US attorney David Iglesias -- denounce the probe as an inappropriate politicization of the department.
Add Joe Rich to the list. Rich, who from 1999 until 2005 ran the voting section in the department's civil rights division, and is now at the Lawyers Committee for Civil Rights, told TPMmuckraker this morning that the ACORN investigation is "much worse than what happened in 2006."
Rich was referring to an indictment for voter fraud against four ACORN voter-registration workers, filed by Bradley Schlozman, an interim US attorney in Kansas City, just five days before a close Missouri Senate election. Schlozman later was investigated for possible perjury after testifying to Congress that he was "directed" by main DOJ to pursue the indictment, then filing a "clarification" in which he took "full responsibility" for the prosecution.
Noting that the Bush administration appears to be using the Department of Justice to pursue politically motivated voter-fraud investigations, even after getting caught red-handed doing so in the scandal over the US attorney firings, Rich added: "There is no shame."
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