Tag Archives: New York

‘Amazon Chernobyl’ lawyer Steven Donziger who won huge damages against Chevron is now facing the ‘first corporate prosecution in America’

The disaster has been dubbed the “Amazon Chernobyl”, which is actually misleading since it implies that an accident happened, when in fact there was no accident. For almost three decades, the oil company Texaco – acquired by Chevron in 2001 – was responsible instead for deliberately dumping over 30 billion gallons of toxic waste and crude oil into the Amazon rainforest in Ecuador.

The system of oil extraction they had designed had, as its fundamental feature, the systematic discharge on a daily basis of millions of gallons of cancer-causing toxic waste; poison that was dumped into rivers and streams that the local communities relied on both for drinking water and for fish, a staple food. As a consequence and over a period of decades, a great many have died of cancer, and continue to die. There has also been a spike in birth defects. To this day, there are still a thousand open-air toxic waste pits that Chevron built to run their cancer-causing effluent into the Amazon’s rivers and streams.

The impact on local communities has been absolutely devastating:

From 1964 to 1992 Texaco, the company acquired by Chevron with all its liabilities, polluted a 1700 square mile swath of pristine rainforest. In its lust for profits, the company cut corners and dumped at least 19 billion gallons of toxic water into the environment. It discharged 17 million gallons of crude into unlined pits, some as deep as 30 feet, on the forest floor. There is no telling how many species succumbed to the horrors of such unbridled greed.

But this is also a story of environmental racism. For decades, Indigenous people of this region were told that the oil was no threat to them. On the contrary, many of them were told that it had medicinal value and contained “vitamins.” Thousands of people used that water. They drank it, cooked with it, bathed in it, oblivious to the danger. After seeing a spike in birth defects and cancers, that danger became increasingly clear. Unable to relocate because of crushing, imposed poverty, they are forced to live in this human-made disaster area, even though it is slowly killing them.

From an article entitled The Amazon Chernobyl is a Warning for Us All written by Kenn Orphan, published in Counterpunch on March 19th.

Here is the complete version of Abby Martin’s three-part series covering Chevron’s disaster in Ecuador, on teleSUR’s ‘The Empire Files’:

Steven Donziger was the lead US attorney in a class action for the indigenous people of Ecuador that began in 1993 shortly after the company left. Nearly two decades on, in February 2011 – almost half a century after Texaco began their criminal operations – an Ecuadorian court issued a historic ruling ordering Chevron-Texaco to pay close to 10 billion dollars compensation. Unsurprisingly, Chevron considered the ruling illegitimate and then in retaliation moved all of their assets out of Ecuador. To date the Ecuadorian plaintiffs have never received any compensation from Chevron.

Shortly after the judgement, Chevron-Texaco instead filed a civil racketeering suit in New York City against Donziger, and this is where the plot further thickens. The judge assigned to the case was US District Judge Lewis Kaplan and in 2014 he also ruled that the judgement in Ecuador was invalid, claiming Donziger had achieved the result through “fraud, bribery and corruption”:

For some, call them criminal justice ingenues, it may be hard to believe this is happening in the United States, that our famed judiciary has sunk this low. But in the U.S., a judge acts as prosecutor and jury on behalf of a giant oil company, Chevron, as it destroys the life and career of human rights lawyer Steven Donziger. His crime? Daring to win a judgment against Chevron in an Ecuadorian court. For those less enchanted with the U.S. justice system, this is no surprise. But there it is. This judicial travesty is occurring in New York state. And the Chevron friendly judges – first Lewis A. Kaplan and his hand-picked appointee judge Loretta Preska, and now the U.S. court of appeals for the second circuit in a March opinion – keep ruling for the company, as they cage Donziger with house arrest, 600 days so far and counting.

The New York federal prosecutor declined to prosecute this case which is based, Donziger says, on lies, so in an astonishing move, Kaplan appointed Chevron’s attorneys. There will be no jury. Judge Preska will doubtless find Donziger guilty – of a misdemeanor that carries a maximum penalty of 90 days – though he’s already been under house arrest for over 600 days. The message to the legal community is clear: don’t mess with a fossil fuel company, because if you do, they will find a judge who favors the company and they will destroy you.

From an article entitled The Judicial Persecution of Steven Donziger written by Eve Ottenberg published in Counterpunch on April 9th.

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On March 1st Steven Donziger was interviewed by Ross Ashcroft for RT’s Renegade Inc. Doniziger told him:

“In a nutshell, we won the case big – there’s about a ten billion dollar judgement. Which by the way, that might sound like a lot [but] it’s a modest number compared to the magnitude of the damages. It’s a fraction for example of what British Petroleum has paid for its Deep Water Horizon disaster in the United States, but in any event it’s a sizable number.

“And then Chevron sued me back in US courts where I live here in New York. They named as defendants all the community leaders, other lawyers, scientific consultants and they ran what was essentially a show trial without a jury, presided over by a judge who was a former tobacco industry lawyer, who would not look at any of the evidence from the Ecuador case – would not look at the voluminous scientific evidence that backed the judgment in Ecuador…

“And he found based on a paid witness – Chevron paid a witness $2 million – that I orchestrated the bribery of the trial judge in Ecuador which is something that is completely false. It’s been rejected by 29 different appellate judges in Ecuador and Canada who’ve looked at it. But it was used to attack me and to try to block enforcement of the judgement against Chevron’s assets. It was part of that process.” [from 5:40 mins]

The full interview is embedded below:

In 2020, Donziger was disbarred in New York, but not in the District of Columbia where he is also a bar member. He totally denies all of the allegations and has appealed the verdict, considering the attack on his law licence to be politically motivated in retaliation for his successful human rights work in Ecuador.

As Donziger explains on his own campaign website:

Chevron recently orchestrated my criminal contempt prosecution and detention in New York by one of the company’s private law firms, Seward & Kissel. This happened after I appealed a shocking and unprecedented order from trial judge Lewis A. Kaplan — a former tobacco industry lawyer — that I turn over my computer and phone for review by Chevron lawyers. This order violated the most basic sanctity of the attorney-client privilege, potentially placing my vulnerable clients at severe risk of grave bodily harm or even death. As my appeal of this order was pending, Judge Kaplan charged me with criminal contempt. The federal prosecutor in Manhattan rejected the case, prompting Kaplan to appoint the Chevron law firm Seward & Kissel to “prosecute” me. The Seward firm failed to disclose until seven months into the case that Chevron is a private client — a flagrant conflict of interest. The Seward law firm has kept me under house arrest without trial for 19 months while the pandemic has caused numerous delays of my trial.

Donziger remains under house arrest in his apartment in New York. His trial has been postponed several times but was rescheduled for May 10th:

Steven Donziger is on trial in Manhattan federal court for failing to turn over his computer, phones and other electronic devices and refusing court orders to surrender his passport in the civil case brought by Chevron.

U.S. District Judge Loretta Preska is presiding over the case with no jury.

In an opening statement, prosecuting attorney Rita Glavin said that Donziger had consciously chosen to disobey court orders to turn over his devices and documents.

“Choices have consequences,” she said.

From a Reuters report released the same day.

On May 26th, ‘The Grayzone’s Aaron Maté invited Steven Donziger to speak on his two years of house arrest in a Kafkaesque prosecution engineered by one of the world’s top oil giants:

On Saturday [June 12th], Steven Donziger also spoke to comedian and activist Jimmy Dore about how he became the first corporate prosecution in America (and hopefully the last):

Steven Donziger is currently the only person locked up pre-trial on a misdemeanour in the whole of America. So far, he has already spent 675 days under house arrest with an ankle bracelet which far exceeds the maximum sentence of 180 days which he could receive if convicted.

As he writes:

For all intents and purposes, I am the only person in American history being prosecuted by a private oil company. This is frightening for me and my family, but it also represents a grave threat to the right of Free Speech and civil society everywhere.

Meanwhile his case receives next to no coverage in the mainstream media.

To support Steven Donziger you can visit his official “Free Donziger” website here:

https://www.donzigerdefense.com/

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a thinking person’s response to Peter Hitchens’ stance over Covid-19

A Library of Useful Links on the Virus Panic, for Thinking People

Here is a small library of useful links to various articles and websites. Their appearance here does not mean I fully endorse every word in them. I leave it to my readers to decide whether such things are useful or not, and to make their own minds up. Several of them express opinions I don’t fully share, but all, including government documents, will help in intelligent sceptical inquiry into the Virus Panic. They are in no particular order:

This is the title and introduction to Peter Hitchen’s latest blog post published by Mail Online and here is my response (an unedited version of which was posted as a comment):

As a thinking person (and one with scientific training) I feel compelled to draw attention to a deep flaw in Hitchen’s position that is illustrated by the very library of links he has just endorsed.

Of these links, only one connects to an actual scientific study determining a reliable estimate for the infection fatality rate (IFR) for Covid-19 – IFR is the most important factor here by far.

The link is this one:

Research on the IFR (Infection Fatality Rate)

https://www.medrxiv.org/content/10.1101/2020.05.03.20089854v2

If you read the abstract to this paper you will see that the authors summarise their own findings as follows:

“Results After exclusions, there were 25 estimates of IFR included in the final meta-analysis, from a wide range of countries, published between February and May 2020. The meta-analysis demonstrated a point-estimate of IFR of 0.64% (0.50–0.78%) with high heterogeneity (p<0.001).”

The value quoted above corresponds very closely with other studies including the earliest one based on data from S Korea, another from New York and a more recent one in Spain.

All of these separate studies (and there are many others including those comprising the meta-study in question) have come up with IFRs in the range of 0.5% to 1%. This is well above seasonal flu rates of 0.1%.

If you do the simple maths and multiple their actual point-estimate of 0.64% (i.e., most likely value) by the herd immunity requirement (at minimum) of 60% infection spread across the UK population (66 million) you find the answer comes to 250,000 deaths. Try it – just multiple the 3 numbers together.

This number is precisely the one forecast by the UK govt scientific experts back in March when they were advocating herd immunity.

In short, I fail to see how the comparatively high figure of 0.64% (which I believe is likely to be a reliable estimate too) substantiates Peter Hitchen’s repeated claims that Covid-19 is low in severity. According to a study he actually links to, left to spread uncontrollably we should expect a quarter of a million extra deaths.

When you are cherry picking your facts, it is wise to cherry pick them carefully. Hitchens here is hoisted by his own petard.

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Please note: As many previous posts attest, I actually share Peter Hitchens’ outlook on a variety of separate issues and I greatly admire his courage and conviction in the defence of whistleblowers and in holding authority to account. His stance on this single issue does not diminish my respect for Hitchens in other regards.

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corona marginalia: techno-tyranny

“How do we really use new technology in the economy of tomorrow? And that’s the lesson that we’re all learning right: work from home; telemedicine; tele-education. It’s all about technology, and a better use of technology, and really incorporating the lessons into that. And probably the best mind in this country, if not on the globe to do this, is I believe a true visionary, especially in the field of technology, and that’s Eric Schmidt.”

This is New York Governor Andrew Cuomo’s effusive welcome to former Google CEO Eric Schmidt when he joined him for the daily coronavirus briefing on Wednesday May 6th. Cuomo continues:

“[Schmidt] saw a future that no-one else envisioned and then developed a way to get there. And we’ve asked him to come work with us to bring that kind of visionary aspect to government and society. Let’s look at what we just went through. Let’s anticipate a future through that lens. And tell us how we can incorporate these lessons. And Mr Schmidt who has tremendous demands on his talent and his time has agreed to help us and head an effort to do this.”

Eric Schmidt, no less lavish in his praise for Cuomo, says:

“Thank you Governor. You have been doing an incredible job for our state and frankly for the nation, and I’m really pleased to help. The first priorities of what we’re trying to do are focused on telehealth, remote learning and broadband. We can take this terrible disaster and accelerate all of those ways that will make things much, much better.”

The author of The Shock Doctrine: The Rise of Disaster Capitalism, Naomi Klein begins her latest article entitled “Screen New Deal” with reflections on this video meeting and Cuomo’s announcement that Schmidt “will be heading up a blue-ribbon commission to reimagine New York state’s post-Covid reality, with an emphasis on permanently integrating technology into every aspect of civic life”:

This is a future in which, for the privileged, almost everything is home delivered, either virtually via streaming and cloud technology, or physically via driverless vehicle or drone, then screen “shared” on a mediated platform. It’s a future that employs far fewer teachers, doctors, and drivers. It accepts no cash or credit cards (under guise of virus control) and has skeletal mass transit and far less live art. It’s a future that claims to be run on “artificial intelligence” but is actually held together by tens of millions of anonymous workers tucked away in warehouses, data centers, content moderation mills, electronic sweatshops, lithium mines, industrial farms, meat-processing plants, and prisons, where they are left unprotected from disease and hyperexploitation. It’s a future in which our every move, our every word, our every relationship is trackable, traceable, and data-mineable by unprecedented collaborations between government and tech giants.

She continues:

If all of this sounds familiar it’s because, pre-Covid, this precise app-driven, gig-fueled future was being sold to us in the name of convenience, frictionlessness, and personalization. But many of us had concerns. About the security, quality, and inequity of telehealth and online classrooms. About driverless cars mowing down pedestrians and drones smashing packages (and people). About location tracking and cash-free commerce obliterating our privacy and entrenching racial and gender discrimination. About unscrupulous social media platforms poisoning our information ecology and our kids’ mental health. About “smart cities” filled with sensors supplanting local government. About the good jobs these technologies wiped out. About the bad jobs they mass produced.

And most of all, we had concerns about the democracy-threatening wealth and power accumulated by a handful of tech companies that are masters of abdication — eschewing all responsibility for the wreckage left behind in the fields they now dominate, whether media, retail, or transportation.

That was the ancient past known as February. Today, a great many of those well-founded concerns are being swept away by a tidal wave of panic, and this warmed-over dystopia is going through a rush-job rebranding. Now, against a harrowing backdrop of mass death, it is being sold to us on the dubious promise that these technologies are the only possible way to pandemic-proof our lives, the indispensable keys to keeping ourselves and our loved ones safe.

Adding:

Thanks to Cuomo and his various billionaire partnerships (including one with Michael Bloomberg for testing and tracing), New York state is being positioned as the gleaming showroom for this grim future — but the ambitions reach far beyond the borders of any one state or country.

And at the dead center of it all is Eric Schmidt.

Klein notes: “Lest there be any doubt that the former Google chair’s goals were purely benevolent, his video background featured a framed pair of golden angel wings.”

Click here to read Naomi Klein’s full article published on May 8th by The Intercept.

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Eric Schmidt and the NSCAI

“[D]ata is the new oil. And China is just awash with data. And they don’t have the same restraints that we do around collecting it and using it, because of the privacy difference between our countries. This notion that they have the largest labeled data set in the world is going to be a huge strength for them.”

— Chris Darby, President and CEO of In-Q-Tel, an investment arm of the CIA and member of NSCAI. *

The second part of Klein’s article moves on to discuss the Sidewalk Labs division of Google’s parent company Alphabet and specifically their “smart cities” Toronto project. This is a topic I have addressed in my last post published as it happened on the eve of the project being shut down following what Klein describes as “two years of ceaseless controversy relating to the enormous amounts of personal data that Alphabet would collect, a lack of privacy protections, and questionable benefits for the city as a whole.”

But central to her article is an investigation into Schmidt’s other roles both as Chair of the Defense Innovation Board, which advises the Department of Defense on increased use of artificial intelligence in the military, and as Chair of the National Security Commission on Artificial Intelligence (NSCAI) which advises Congress on “advances in artificial intelligence, related machine learning developments, and associated technologies.”

Specifically, Klein draws attention to slides from a presentation made by Schmidt’s NSCAI back in May 2019, that have since been released following a Freedom of Information request made by the Electronic Privacy Information Center.

In fact a week prior to Klein’s excellent piece, independent journalist Whitney Webb had already brought attention to the same document release; the presentation in question is titled “Chinese Tech Landscape Overview”.

Webb writes:

This document suggests that the U.S. follow China’s lead and even surpass them in many aspects related to AI-driven technologies, particularly their use of mass surveillance. This perspective clearly clashes with the public rhetoric of prominent U.S. government officials and politicians on China, who have labeled the Chinese government’s technology investments and export of its surveillance systems and other technologies as a major “threat” to Americans’ “way of life.”

In addition, many of the steps for the implementation of such a program in the U.S., as laid out in this newly available document, are currently being promoted and implemented as part of the government’s response to the current coronavirus (Covid-19) crisis. This likely due to the fact that many members of this same body have considerable overlap with the taskforces and advisors currently guiding the government’s plans to “re-open the economy” and efforts to use technology to respond to the current crisis.

Webb then highlights Eric Schmidt’s “similar concerns about ‘losing’ technological advantage to China”:

[Schmidt] argued in February in the New York Times that Silicon Valley could soon lose “the technology wars” to China if the U.S. government doesn’t take action. Thus, the three main groups represented within the NSCAI – the intelligence community, the Pentagon and Silicon Valley – all view China’s advancements in AI as a major national security threat (and in Silicon Valley’s case, threat to their bottom lines and market shares) that must be tackled quickly.

Naomi Klein likewise draws attention to the NYT op-ed headlined “I used to Run Google. Silicon Valley Could Lose to China”, in which Schmidt had called for “unprecedented partnerships between government and industry” and is, in Klein’s words “once again, sounding the yellow peril alarm”. She then quotes the salient passages:

A.I. will open new frontiers in everything from biotechnology to banking, and it is also a Defense Department priority. … If current trends continue, China’s overall investments in research and development are expected to surpass those of the United States within 10 years, around the same time its economy is projected to become larger than ours.

Unless these trends change, in the 2030s we will be competing with a country that has a bigger economy, more research and development investments, better research, wider deployment of new technologies and stronger computing infrastructure. … Ultimately, the Chinese are competing to become the world’s leading innovators, and the United States is not playing to win.

On this pretext of regaining competitive advantage over China, the NSCAI presentation goes on to cite the kinds of “structural factors” that need to be altered.

Here is Whitney Webb again:

Chief among the troublesome “structural factors” highlighted in this presentation are so-called “legacy systems” that are common in the U.S. but much less so in China. The NSCAI document states that examples of “legacy systems” include a financial system that still utilizes cash and card payments, individual car ownership and even receiving medical attention from a human doctor. It states that, while these “legacy systems” in the US are “good enough,” too many “good enough” systems “hinder the adoption of new things,” specifically AI-driven systems. […]

The document also defines another aspect of government support as the “clearing of regulatory barriers.” This term is used in the document specifically with respect to U.S. privacy laws, despite the fact that the U.S. national security state has long violated these laws with near complete impunity. However, the document seems to suggest that privacy laws in the U.S. should be altered so that what the U.S. government has done “in secret” with private citizen data can be done more openly and more extensively. The NSCAI document also discusses the removal of “regulatory barriers” in order to speed up the adoption of self-driving cars, even though autonomous driving technology has resulted in several deadly and horrific car accidents and presents other safety concerns.

Who are NSCAI? Webb provides us with a list of members and their interests:

Other members of the NSCAI are as follows:

  • Safra Catz, CEO of Oracle, with close ties to Trump’s top donor Sheldon Adelson
  • Steve Chien, supervisor of the Artificial Intelligence Group at Caltech’s Jet Propulsion Lab
  • Mignon Clyburn, Open Society Foundation fellow and former FCC commissioner
  • Chris Darby, CEO of In-Q-Tel (CIA’s venture capital arm)
  • Ken Ford, CEO of the Florida Institute for Human and Machine Cognition
  • Jose-Marie Griffiths, president of Dakota State University and former National Science Board member
  • Eric Horvitz, director of Microsoft Research Labs
  • Andy Jassy, CEO of Amazon Web Services (CIA contractor)
  • Gilman Louie, partner at Alsop Louie Partners and former CEO of In-Q-Tel
  • William Mark, director of SRI International and former Lockheed Martin director
  • Jason Matheny, director of the Center for Security and Emerging Technology, former Assistant director of National Intelligence and former director of IARPA (Intelligence Advanced Research Project Agency)
  • Katharina McFarland, consultant at Cypress International and former Assistant Secretary of Defense for Acquisition
  • Andrew Moore, head of Google Cloud AI

As can be seen in the list above, there is a considerable amount of overlap between the NSCAI and the companies currently advising the White House on “re-opening” the economy (Microsoft, Amazon, Google, Lockheed Martin, Oracle) and one NSCAI member, Oracle’s Safra Katz, is on the White House’s “economic revival” taskforce. Also, there is also overlap between the NSCAI and the companies that are intimately involved in the implementation of the “contact tracing” “coronavirus surveillance system,” a mass surveillance system promoted by the Jared Kushner-led, private-sector coronavirus task force. That surveillance system is set to be constructed by companies with deep ties to Google and the U.S. national security state, and both Google and Apple, who create the operating systems for the vast majority of smartphones used in the U.S., have said they will now build that surveillance system directly into their smartphone operating systems.

Click here to read Whitney Webb’s full article entitled “Techno-tyranny: How the US National Security State is using Coronavirus to Fulfill an Orwellian Vision” published on May 4th at her official website Unlimited Hangout.

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Tele-everything!

In her article for The Intercept, Naomi Klein supplies an update and a glimpse of the headway already made by the tech giants in the wake of the coronavirus pandemic. Responding to a subsequent op-ed by Eric Schmidt [passages in Italics], Klein writes:

Less than two weeks into New York state’s lockdown, Schmidt wrote an op-ed for the Wall Street Journal that both set the new tone and made clear that Silicon Valley had every intention of leveraging the crisis for a permanent transformation.

Like other Americans, technologists are trying to do their part to support the front-line pandemic response. …

But every American should be asking where we want the nation to be when the Covid-19 pandemic is over. How could the emerging technologies being deployed in the current crisis propel us into a better future? … Companies like Amazon know how to supply and distribute efficiently. They will need to provide services and advice to government officials who lack the computing systems and expertise.

We should also accelerate the trend toward remote learning, which is being tested today as never before. Online, there is no requirement of proximity, which allows students to get instruction from the best teachers, no matter what school district they reside in. …

The need for fast, large-scale experimentation will also accelerate the biotech revolution. … Finally, the country is long overdue for a real digital infrastructure…. If we are to build a future economy and education system based on tele-everything, we need a fully connected population and ultrafast infrastructure. The government must make a massive investment—perhaps as part of a stimulus package—to convert the nation’s digital infrastructure to cloud-based platforms and link them with a 5G network.

Indeed Schmidt has been relentless in pursuing this vision. Two weeks after that op-ed appeared, he described the ad-hoc homeschooling programing that teachers and families across the country had been forced to cobble together during this public health emergency as “a massive experiment in remote learning.” The goal of this experiment, he said, was “trying to find out: How do kids learn remotely? And with that data we should be able to build better remote and distance learning tools which, when combined with the teacher … will help kids learn better.” During this same video call, hosted by the Economic Club of New York, Schmidt also called for more telehealth, more 5G, more digital commerce, and the rest of the preexisting wish list. All in the name of fighting the virus.

His most telling comment, however, was this: “The benefit of these corporations, which we love to malign, in terms of the ability to communicate, the ability to deal with health, the ability to get information, is profound. Think about what your life would be like in America without Amazon.” He added that people should “be a little bit grateful that these companies got the capital, did the investment, built the tools that we’re using now, and have really helped us out.”

Click here to read Naomi Klein’s full article published on May 8th by The Intercept.

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* From an article entitled “In-Q-Tel President Chris Darby on the intelligence community’s innovation challenges” written by Olivia Gazis, published in CBS News on April 24, 2019. https://www.cbsnews.com/news/intelligence-matters-in-q-tel-president-chris-darby-on-the-intelligence-communitys-innovation-challenges/

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Bernie and Jez: the ongoing tale of two political coups

mudslinging by the DNC and the PLP

Wondering if there’s a good Bernie narrative for a story, which is that Bernie never ever had his act together, that his campaign was a mess.

wrote Democratic National Committee (DNC) Press Secretary Mark Paustenbach in an email dated May 21st which concludes:

It’s not a DNC conspiracy, it’s because they never had their act together.

Much the same is said by those in the ranks of the Parliamentary Labour Party (PLP) who likewise complain that (to paraphrase) “Jez never ever had his act together… [and] his campaign was a mess”. Yet in both cases, such criticism is wholly discredited by the phenomenal and growing strength of popular support.

Here, for example, are the crowds that greeted Corbyn in Liverpool on Monday night [August 1st]:

In fact, what really irked the DNC about the Sanders campaign is precisely what most bothers the Blairites about Corbyn. That such a groundswell of true grassroots support for a progressive challenger seriously threatens the “centrist” political realignment they took such tremendous pains to bring about. Concerns not that Sanders or Corbyn might fail – Bernie is more electable by far than either Clinton or Trump, and the same goes for the comparative electability of any leadership rivals to Corbyn – but that both are fully capable of triumphing against all the odds.

Blasts against Corbyn both from inside and outside the party have been coming day after day ever since his astonishing victory in last year’s leadership election. Attacks against Sanders were slower in the offing, but they gathered in ferocity as soon as he began to look like a serious contender. Moreover, as we now know is the case with Sanders, the PLP campaign to undo Corbyn was likewise fully orchestrated, albeit less competently.

The post-Brexit ‘vote of no confidence’ was too obvious a charade to hide the subterfuge of plotters who in any case gave the game away thanks to an article published by The Telegraph on June 13th (more than a week prior to the EU referendum). So yes (to the few doubters who remain) this really was a coup – read their lips:

Labour rebels believe they can topple Jeremy Corbyn after the EU referendum in a 24-hour blitz by jumping on a media storm of his own making.

Moderate MPs who believe Mr Corbyn can never win back power think his failure to close down public rows which flare up and dominate the news channels leaves him vulnerable.

By fanning the flames with front bench resignations and public criticism they think the signatures needed to trigger a leadership race can be gathered within a day.

The same piece continues:

There is no single plan for getting rid of Mr Corbyn and moderates are split on whether to launch a coup or bide their time until the party membership changes its mind.

While losing the EU referendum is seen as fatal by many to Mr Corbyn’s leadership, continued speculation remains about a challenge if the referendum brings an In vote.

Rather than naming a date to make their move – as some had done with May’s local elections – some rebels now believe taking advantage of an opportune row holds the beast [sic] chance of success.

“It is not going to be a date in the calendar, it will be on the back of a media firestorm. It could happen within 24 hours,” said one Labour MP.

Asked how the coup could take place, another said: “Things go wrong, people have had enough, you start to see resignations and it spirals from there.” 1

Meanwhile, other dirty tricks shared by conspirators on both sides of the Pond have included spurious accusations of anti-Semitism with mention of ‘blood libel’ 2 – in Sanders case, of course, that makes him “a self-hating Jew”. 3  While another frequently repeated claim is one of physical threats and violence being perpetrated by supporters. In the case of Sanders, intimidation of this kind supposedly took place during the Democratic state convention in Nevada, but here is video (one of many similar uploads on the web) that shows what really took place:

As Craig Murray writes:

The Labour Party constituency meeting at Brighton gives us a precise analogy to the Nevada Democrats meeting. Again claims were made of violent intimidation, swearing and spitting. Again, in this age where everybody has a video camera in their pocket, there is absolutely zero objective evidence of this behaviour and a great deal of evidence to the contrary. It appears the real sin of the Brighton Labour Party members was to elect pro-Corbyn officers. That election has now been annulled. The National Executive Committee of the Labour Party is playing precisely the role against Corbyn that the NDC played against Sanders.

Murray concludes his piece:

The Establishment will always attempt to characterise any root challenge to its hegemony and ideology as violent, atavistic and subscribing to appalling beliefs and behaviour. The theme of challengers as “Barbarians” runs through history. We will have to put up with it for some time. The good news is, they are seriously rattled.

Click here to read more from Craig Murray’s piece “Barbarians at the Gates” [published July 26th] in which he also closely dissects many of the other alleged cases of intimidation including the “brick through Angela Eagle’s window” incident. Here is a short youtube clip also looking into the same incident:

Incidentally, the website The Canary has pointed to the role played by PR firm Portland Communications in the on-going propaganda offensive against Corbyn. Embedded below is the video showing how staff at the company reacted when a journalist asked them to respond to the allegation:

Were it not for the insatiable appetite our media has for tittle-tattle and fact-free insinuations, the various non-stories promulgated about Sanders, Corbyn and their supporters would never get reported on, let alone reach the headlines. The same media that has an attention span so restricted that within a day of the wikileaks release of emails — over which DNC Chairperson Debbie Wasserman Schultz was forced to resign her position — the main story was already sidelined in favour of new Cold War intrigue. Unsubstantiated claims that Putin and a dastardly team of Russian hackers were behind the leak. This dubious meta-story had replaced the facts.

Yet, even the recent release of the internal emails, although significant, was to some extent a distraction; diverting the public gaze away from the true ‘smoking gun’ evidence of DNC cheating. In fact, from the very beginning, the important story was always the one about Hillary (allegedly) stealing the votes in state after state. The mounting evidence that Bernie lost the nomination by virtue of a whole sequence of fraudulent ballots…

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just another US election scandal (redux)

“The difference between the reported totals, and our best estimate of the actual vote, varies considerably from state to state. However these differences are significant—sometimes more than 10%—and could change the outcome of the election.”

 Fritz Scheuren, Professor of Statistics at George Washington University, President of the American Statistical Association (ASA)

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“Based on this work, Election Justice USA has established an upper estimate of 184 pledged delegates lost by Senator Bernie Sanders as a consequence of specific irregularities and instances of fraud. Adding these delegates to Senator Sanders’ pledged delegate total and subtracting the same number from Hillary Clinton’s total would more than erase the 359 pledged delegate gap between the two candidates. EJUSA established the upper estimate through exit polling data, statistical analysis by precinct size, and attention to the details of Democratic proportional awarding of national delegates. Even small changes in vote shares in critical states like Massachusetts and New York could have substantially changed the media narrative surrounding the primaries in ways that would likely have had far reaching consequences for Senator Sanders’ campaign.”

This is the conclusion of a 96-page report entitled “Democracy Lost: A Report on the Fatally Flawed 2016 Democratic Primaries” published by Election Justice USA. (Note that I have reprinted part of the report as an addendum below.)

Sadly, there is nothing new when it comes to modern-day US electoral fraud. Not since the fateful election in 2000, when Florida’s Governor Jeb Bush promised state victory for his brother George that was eventually sealed by a mere 537 votes. The fiasco of the so-called “hanging chads” became the most memorable of the technical failures, but was in fact just one of multiple irregularities uncovered in Florida alone, as investigative journalist Greg Palast reported on BBC’s Newsnight:

There was also very well-established though far less widely reported evidence of fraud during the re-election of Bush at the 2004 election. This is Greg Palast’s Newsnight follow-up report four years later:

In 2004, however, the most serious discrepancies were discovered not in Florida but in another swing state, Ohio. Gore Vidal was perhaps most prominent amongst the few who spoke out loudly at the time:

Then, on the eve of the 2008 election, Democracy Now! interviewed Democrat Secretary of State of Ohio, Jennifer Brunner, to ask what had gone wrong during the previous election, and what safeguards were now in place (the full interview is in two parts: to hear Brunner’s review of the previous election failures skip to 3:00 minutes in part one):

During the 2008 Primaries, CNN also ran a report that revealed how comparatively easy it was to hack the Diebold electronic voting machines:

And there were further allegations of irregularities that arose during the 2008 election in Ohio:

Or click here to read the earlier article which focuses on a less well-remembered Supreme Court election scandal in Wisconsin back in April 2011.

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Which brings me to Elliot Crown. Featured in the short video clip below, he was one of a small contingent of voters allowed to address the New York City Board of Elections (BOE) hearing in the aftermath of this year’s Democratic presidential primary:

Crown’s voice was representative of the many who felt similar outrage at what they saw as a rigged ballot:

Shouts of “You need to hear the people!” and “This is not Democracy!” and “Fraud!” filled the room.

As many as 126,000 voters may have been purged due to a clerk’s error, the BOE has said.

Yet it is expected to certify the April 19 primary results Thursday. […]

Investigators said some 126,000 Brooklyn voters were removed from voter lists between November and April, or marked “inactive.”

Yvonne Gougelet, a long time voting rights advocate from Long Island City, said she’s never experienced disenfranchisement of this magnitude.

“I’m not just someone who’s like, ‘Oh, Bernie didn’t win. I’m mad.’ This is unconstitutional on a massive, grand scale,” she said. 4

Election Justice USA and others subsequently filed lawsuits in five states where they uncovered evidence that Sanders had lost delegates as a consequence of specific irregularities and instances of fraud: Arizona, Illinois, Ohio, California and New York. (Details are available in their report on pages 13–17.)

“Voters are frustrated, angry, and feel helpless,” Election Justice USA (EJUSA) spokeswoman Shyla Nelson said. “We have heard hundreds of stories, with desperate pleas for help. This election season has excited and galvanized the voting public in unprecedented numbers. For these voters to be systematically and erroneously removed from the rolls or prevented from voting in their party of choice is devastating to them personally and has sent a wave of doubt and worry through the voting public.” 5

On April 18th, the eve of the New York primary, The Young Turks (TYT) Politics Reporter, Jordan Chariton, spoke with Shyla Nelson about a pending emergency lawsuit:

More recently, Chariton spoke with Nelson again at the Democratic National Convention during the “No Voice No Unity” protest and peaceful occupation of the media tent:

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Concluding thoughts

Though robbed of victory, Bernie Sanders has since capitulated and endorsed Hillary Clinton’s nomination. He is refusing to run as a third party candidate and has so far turned his back on offers made by Jill Stein of the Green Party to keep the movement going with a united ticket. Some supporters are asking him to reconsider (read this open letter). Others regard his endorsement of Clinton as a final act of betrayal.

Jeremy Corbyn, by contrast, shows no signs of backing away from the fight in spite of the welter of harassment and abuse he has faced during his short tenure as party leader. Instead he is now turning the current leadership challenge to his own advantage, gathering support not only for his candidacy, but for the vision of a more just and caring society. Giving rousing speeches to huge crowds like this one in Hull at the weekend:

And in York last Friday [July 29th]:

But then, as Andrew Levine wrote in an article published by Counterpunch, last September:

[Therefore,] if, in his heart of hearts, Sanders actually were more like Corbyn and less like Clinton or Obama, he could easily get away with taking principled progressive positions on foreign and military matters. There are a lot of people out there who would have his back; and many more who would urge him on.

Sanders’ progressivism is bifurcated: leftish, by American standards, on economic issues; dead center on foreign affairs. It is hard to take someone like that seriously, no matter how heartfelt his passion for diminishing inequality.

If nothing else, a more coherent political orientation would make his candidacy more credible, enhancing his ability to take neoliberal austerity on with more than just idle words. […]

But were Sanders’ foreign and domestic politics more of a piece — were he more of a Corbyn and less of a Clinton — perhaps he really could get something like the political revolution he talks about going.

He couldn’t lead it, no one could, but he could help catalyze it – by breaking free from the clutches of hapless Democratic Party poobahs, accepting leadership instead from the people they purport to represent.

Don’t count on it, though; it’s not his way. 6

Click here to read Andrew Levine’s full article.

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Addendum: a part of the EJUSA report (pages 9–12)

p. 9
SUMMARY OF DIRECT EVIDENCE FOR ELECTION FRAUD, VOTER SUPPRESSION, AND OTHER IRREGULARITIES

Election Justice USA has collected evidence indicating that multiple instances of voter suppression and election fraud have occurred throughout the 2016 presidential primaries. Democratic and Republican candidates have been affected, but demographics favoring Senator Bernie Sanders (e.g., younger voters, independent/unaffiliated voters) have been most heavily affected. This evidence falls into four categories: 1) voter suppression; 2) voter registration tampering (switching of a voter’s party affiliation without their knowledge or consent); 3) illegal voter registration purges; 4) evidence for erroneous or fraudulent voting machine counts. We have also discovered a number of credible reports of miscellaneous kinds of election fraud or potential election fraud that are particularly relevant to caucus states. We present a brief synopsis of our evidence from each category below.

VOTER SUPPRESSION

A) Extensive reduction in number of polling places: Reduction in polling places (e.g., Arizona, Puerto Rico, Rhode Island) disproportionately affected Sanders’ vote share. This is because Clinton had larger vote shares for early/absentee ballots, while Sanders fared best on election day.

B) Voter suppression by California elections officials targeting no-party-preference (NPP) voters: 1) Refusal to include NPP presidential voting options on regular ballots; 2) Refusal to mail presidential ballots to NPP vote-by-mail voters unless explicitly requested; 3) Refusal to provide mandatory notices to vote-by-mail NPP voters of their right to a Presidential Preference ballot; 4) Refusal to inform NPP voters at the polls of their right to a Presidential Preference ballot; 5) Refusal to provide adequate ballots and/or voter indexes, despite the State Law requirement of 75% voter roll coverage; 6) Refusal to clarify to voters that American Independent is a political party and does not signify “independent” (NPP) status. We filed a lawsuit in an attempt to address these issues, but relief was not granted.

Testimonies and statistics detailing voter suppression in California:

1) Testimony from CA voters who were given provisional ballots by pollworkers despite their names being on the Democratic voter rolls.

2) Testimony from CA Democratic voters who received the wrong ballot type in the mail.

3) Testimony/video evidence from CA Democratic voters who were given provisional ballots instead of being directed to a recently-changed polling location.

4) Testimony from poll inspectors about a shortage of ballots: in some cases, fewer than 39% of registered voters would have been covered by the number of ballots provided for Los Angeles

County precincts, despite a CA State Law requirement that 75% coverage be guaranteed. We also have testimony from voters who were forced to use provisional ballots due to ballot shortages.

5) Poll workers did not count or keep a roster of provisional ballots in CA, hence no chain of custody is possible.

p. 10
REGISTRATION TAMPERING

Registration tampering involves changes made to party affiliation or registration status without a voter’s knowledge or consent. These reports have been corroborated by hard evidence in the form of paper documents and screen-shots.

A) New York: We have received testimony and affidavits from over 700 New York Democratic voters. Of these respondents, over 300 registered during the current campaign cycle. Out of all respondents, around 300 had been switched to independent (no party affiliation) without their knowledge or consent and at least 80 had been switched to another party without their knowledge or consent. In some cases, these changes had been back-dated such that they were listed as made before the voter initially registered.

B) California: We have also received testimony and affidavits from over 700 California voters who experienced voting and registration problems. Of these respondents, 84 were switched to another party without their knowledge or consent. In some cases, these changes were back-dated such that they were listed as made before the voter initially registered.

C) Other states: We have received testimony and affidavits detailing registration tampering in many other states, including FL, KY, MD, NJ, NM, OH, OR, and PA.

D) These changes contributed to the unprecedented number of disqualified affidavit ballots seen in states like AZ, NY, and CA: 20,000 excluded provisional ballots in Phoenix, Arizona; 91,000 in New York; 360,000 and climbing in California.

ILLEGAL VOTER PURGING

A) New York City: Two Brooklyn Board of Elections top officials have been suspended without pay and without any public explanation, in response to reports of 121,000 wrongly purged voters.

We have received testimony and affidavits from over 600 New York Democratic voters, 401 of which registered as Democrats in 2012 or later and would thus not be subject to legal purging due to inactivity. Of these respondents, 303 registered during the current campaign cycle. Out of all respondents, 140 had been purged and 27 were not on their polling site’s books despite valid, active Democratic registrations. The other respondents experienced registration tampering (see above) or other irregularities.

In a statistical model which controlled for neighborhood/location and precinct size, the percentage of purged voters was a significant predictor of Clinton’s vote share, demonstrating that Senator Sanders was disproportionately affected by the purges.

B) California: We have received testimony and affidavit material from more than 700 CA voters who experienced problems voting, 78 of which had been purged or were not on the poll books of their polling place. These accounts are corroborated by hard evidence in the form of document scans.

C) These changes contributed to the unprecedented number of disqualified affidavit ballots seen in states like AZ, NY, and CA: 20,000 excluded provisional ballots in Phoenix, Arizona; 91,000 in New York; 360,000 and climbing in California.

p. 11

EVIDENCE OF FRAUDULENT OR ERRONEOUS VOTING MACHINE TALLIES

A) Primary contest exit poll discrepancies that exceed the margin of error (in 11 of 11 such cases, the discrepancy favored Clinton). Media outlets have removed the unexpurgated poll numbers for 10 of these 11 cases. According to USAID, an organization that works to promote oversight of electoral processes, “exit polls are powerful analytical tools … A discrepancy between the votes reported by voters and official results may suggest that results have been manipulated, but it does not prove this to be the case.” 7

B) A well-controlled California early voter exit poll (Capitol Weekly/Open CA) consisting of 21,000 data points matched early returns for down-ballot races, but was off by ~16% for Sanders v. Clinton, with the discrepancy in Clinton’s favor. 8 According to the L.A. County elections chief, Dean Logan, early/mail-in votes are reported first, strongly suggesting a miscount of mail-in ballots.

C) Our analyses show that in at least seventeen states, precinct size is the most robust linear predictor of Sanders’ vote share, even when controlling for neighborhood/location. In other words, even when controlling for geographical location within the state, a statistical model shows that the larger a precinct, the lower Sanders’ vote share. This cannot be explained away as an artefact of smaller precincts being more rural or less ethnically diverse: these results are replicated for New York City when considering only the Bronx (~10% white), for instance. This pattern was consistent for all five boroughs, with the exception of Manhattan, in which Sanders’ vote share did not decrease linearly with precinct size. This pattern showed up, almost exclusively, in a variety of highly racially polarized cities where exit polling missed, but was not present, with rare exception, in similar states and counties where exit polling was accurate.

D) Multiple studies, including one published recently by graduate students at Stanford University and the University of Tillburg, show that across all primary states Clinton performs best in counties with voting machines that don’t leave a papertrail, and that this difference is statistically significant. 9

E) Chicago’s Board of Elections has admitted to one of the authors of the report and to CounterPunch Magazine that citizens monitoring the audit were right about irregularities in the process and that audit “numbers didn’t match” election day results. 10 The citizens’ monitoring group has insisted in public, sworn testimony that numbers were adjusted to force a match. A lawsuit has just been filed to demand an accurate audit of early vote totals in Chicago. Our irregular precinct size pattern showed up weakly in Chicago (Cook County) early balloting and strongly for the overall vote in Suburban Cook County.

MISCELLANEOUS

1) Iowa Caucus Irregularities: The Des Moines Register Editorial Board was so disgusted with the irregularities that they witnessed with their own eyes, and the Democratic establishment’s refusal to respond to them transparently, that it penned an editorial 11 entitled: “Something Smells in the

p. 12

Democratic Party.” It notes that the whole process produced a “whiff of impropriety” and said that the Party response “reeks of autocracy.”

2) Nevada Caucus Irregularities: In Nevada, Senator Harry Reid would not have been able to help control the processes of caucuses and conventions if he had publicly endorsed Hillary Clinton. Instead, Reid maintained neutrality while reportedly moving to convince Casino bosses to get their workers to the caucuses for Clinton, which they were not planning to do according to USA Today. 12 Troubling reports say Casino management selectively chose who could have time off to caucus then watched to see how their employees voted, turning an expected tight race in six Casino locations into a big win for Clinton.

3) The Democratic National Committee Worked Against Senator Sanders’ Campaign, Colluded with Media Outlets to Smear Him: FiveThirtyEight‘s Harry Enten predicted 13 quite frankly in June 2015 that if Bernie Sanders did well in Iowa and New Hampshire, “you’d likely see the Democratic establishment rush in to try to squash Sanders, much as Republicans did to Newt Gingrich in 2012 after he won South Carolina.” The use of superdelegates in the mainstream media played a large roll. Debbie Wasserman-Schultz baldly admitted 14, in response to Jake Tapper of CNN’s question about a “rigged” process, that the superdelegate system is designed to keep party stalwarts from “running against grass roots activists” like Sanders. Enten’s boss Nate Silver went so far as to write 15 that “Donald Trump Would Be Easy to Stop Under Democratic Rules,” in part because superdelegates play a substantial role. Major media followed the Associated Press (AP) in consistently including superdelegates in their counts starting with Sanders’ big win in New Hampshire, and metadata appears to show 16 that the AP colluded with the Clinton campaign to announce her as winner the day before last Tuesday’s vote with nearly 700 pledged delegates at stake, largely based on polls of superdelegates, which do not vote until the Democratic National Convention.

The most damning evidence of top DNC officials working against the Sanders campaign came in the form of a leaked DNC email archive published by whistleblowing website WikiLeaks on July 22nd, 2016. In addition to depicting a general culture of contempt for the Sanders campaign, the emails show DNC officials colluding with journalists from corporate media outlets to marginalize, and in some cases, smear Sanders himself by planting stories.

ESTIMATE OF PLEDGED DELEGATES AFFECTED

Our Upper estimate of delegates affected, spelled out in more detail in section three of the report, is at least +184 for Sanders, at least -184 for Clinton for a 368 delegate switch in delegate margin. This or a similar margin would have been enough to secure the lead in pledged delegates for Senator Sanders.

From “Democracy Lost: A Report on the Fatally Flawed 2016 Democratic Primaries” published by Election Justice USA.

Click here to read the full 96 page report.

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1 From an article entitled “Labour rebels hope to topple Jeremy Corbyn in 24-hour blitz after EU referendum” written by Ben Riley-Smith, published in The Telegraph on June 13, 2016. http://www.telegraph.co.uk/news/2016/06/13/labour-rebels-hope-to-topple-jeremy-corbyn-in-24-hour-blitz-afte/

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Michael Oren, a former Israeli ambassador to the United States and a member of the Knesset, Israel’s parliament, angrily reacted to comments Sanders made about the 2014 Israeli war in the Gaza Strip. […]

“First of all, he should get his facts right. Secondly, he owes Israel an apology,” Oren told the Times of Israel in an interview. He then dropped an incendiary charge against Sanders.

“He accused us of a blood libel. He accused us of bombing hospitals. He accused us of killing 10,000 Palestinian civilians. Don’t you think that merits an apology?” Oren said.

As WorldViews has discussed in the past, the phrase “blood libel” is particularly loaded, with deep historic roots in the Jewish experience. It has its origins in the medieval era or perhaps even earlier, dating to a time when violence against Jewish communities was sometimes rationalized with myriad false rumors of Jews stealing Christian babies, eating a gentile’s entrails and participating in various grisly, sordid blood rituals.

From an article entitled “Israeli politician accuses Bernie Sanders of ‘blood libel’” written by Ishaan Tharoor, published in The Washington Post on April 7, 2016. https://www.washingtonpost.com/news/worldviews/wp/2016/04/07/israeli-politician-accuses-bernie-sanders-of-blood-libel/

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[comedian Jackie] Mason, who refers to himself as the “Ultimate Jew,” called Sanders an “anti-Semite and a “viciously self-hating Jew.”

Mason was speaking during his regular segment on “Aaron Klein Investigative Radio,” the popular weekend talk radio program broadcast on New York’s AM 970 The Answer and NewsTalk 990 AM in Philadelphia. Klein doubles as Breitbart’s senior investigative reporter and Jerusalem bureau chief.

From an article entitled “Exclusive: Jackie Mason slams Sanders as ‘self-hating Jew’ over candidate’s Israel criticism” published in Breitbart on April 30, 2016. http://www.breitbart.com/jerusalem/2016/04/30/exclusive-jackie-mason-slams-sanders-anti-semite-candidates-israel-criticism/

4 From an article entitled “New Yorkers unleash rage over alleged primary voter fraud at Board of Elections hearing” written by Ryan Sit and Ginger Adams Otis, published in the New York Daily News on May 3, 2016. http://www.nydailynews.com/new-york/protesters-pan-alleged-ny-primary-fraud-board-elections-hq-article-1.2623513

5 From a press release entitled “Election Justice USA Files Emergency Lawsuit in NY” issued by Election Justice USA on April 18, 2016.  https://www.facebook.com/ElectionJusticeUSA/posts/863949920398369:0

6 From an article entitled “The New Repression: If Only Sanders Were More of a Corbyn and Less of a Clinton” written by Andrew Levine, published in Counterpunch on September 25, 2015. http://www.counterpunch.org/2015/09/25/the-new-repression-if-only-sanders-were-more-of-a-corbyn-and-less-of-a-clinton/

7 https://yali.state.gov/wp-content/uploads/sites/4/2016/01/Assessing-and-Verifying-Election-Results-Summary- Document.pdf

8 http://capitolweekly.net/exit-poll-tight-race-absentee-voters-favor-hillary/

9 https://drive.google.com/file/d/0B6mLpCEIGEYGYl9RZWFRcmpsZk0/view?pref=2&pli=1

10 http://www.counterpunch.org/2016/05/13/chicago-election-official-admits-numbers-didnt-match-hillary-clinton-vs-bernie-sanders-election-fraud-allegations/

11 http://www.desmoinesregister.com/story/opinion/editorials/caucus/2016/02/03/editorial-something- smells-democratic-party/79777580/

12 http://www.usatoday.com/story/opinion/2016/02/20/hillary-clinton-wins-nevada-caucus-harry-reid-culinary-union-jon- ralston/80688750/

13 http://fivethirtyeight.com/datalab/what-to-make-of-the-bernie-sanders-surge/

14 

 

https://youtu.be/w5llLIKM9Yc

15 http://fivethirtyeight.com/features/donald-trump-would-be-easy-to-stop-under-democratic-rules/

16 https://www.thenewsamerican.com/2016/06/did-clinton-know-about-ap-victory-story-in-advance/

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Filed under Britain, campaigns & events, Craig Murray, election fraud, Greg Palast, USA