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Radio/TV • Declare Your Independence with Ernest Hancock
Program Date:

09-01-16 -- John Brakey - John Whitehead (MP3s &VIDEO LOADED)

John Brakey (co-founder of AUDIT-AZ; contributor @ ElectionNightmares.Com) comes on the show to detail the election/vote fraud in AZ recent primary - John Whitehead (Attorney; Founder of the Rutherford Institute) USA's Police State
Media Type: Audio • Time: 151 Minutes and 0 Secs
Media Type: Audio • Time: 53 Minutes and 28 Secs
Guests: John Brakey
Media Type: Audio • Time: 50 Minutes and 15 Secs

Hour 1 - 3

Media Type: Audio • Time: 151 Minutes and 0 Secs

Hour 1 --  Freedom's Phoenix Headline News

Hour 2 --  John Brakey (co-founder of AUDIT-AZ; contributor @ ElectionNightmares.Com) comes on the show to detail the election/vote fraud in AZ recent primary

Hour 3 -  John Whitehead (Attorney; Founder of the Rutherford Institute) comes on the show to talk about the children of the American police state

CALL IN TO SHOW: 602-264-2800

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September 1st, 2016

Declare Your Independence with Ernest Hancock

on LRN.FM / Monday - Friday

9 a.m. - Noon (EST)

Studio Line: 602-264-2800 

 

 

Hour 1

2016-09-01 Hour 1 FP Headline News from Ernest Hancock on Vimeo.

Ernest Hancock

Freedom's Phoenix Headline News

=====================


Hour 2

Media Type: Audio • Time: 53 Minutes and 28 Secs
Guests: John Brakey

Hour 2 --  John Brakey (co-founder of AUDIT-AZ; contributor @ ElectionNightmares.Com) comes on the show to detail the election/vote fraud in AZ recent primary

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Hour 2

2016-09-01 Hour 2 John Brakey from Ernest Hancock on Vimeo.

John Brakey

Webpages:

http://electionnightmares.com/

http://auditaz.blogspot.com/

https://www.facebook.com/john.r.brakey

=========================================

Last fall, new voting machines were introduced to a number of Arizona counties, including Pima. 

These machines are called ES&S DS850's and, like others, they have a very helpful auditing feature that involves graphically scanning the ballots while they're being counted. 

A ballot image is made from each physical ballot that is run through the machine. 

The physical ballot is marked with a serial number and the resulting ballot image is encrypted with that same number.  Yesterday,  from what I understand Pima county turn off the feature and/or remove the inkjets in a $115,000 machine making the images match harder to do. 

 The ballot images are what the machine actually uses to count with, so it becomes an integral part of the ballot chain-of-custody and we had to take them to court to stop them from destroying the ballot images.

How do you spend close to $ 800,000 on a good election system and then destroy its built in audit system?

Why?

Is it because someone wants to protect the right to cheat with impunity now and in future elections?

The hand count audit done on vote by mail which is 85% of the votes cast is worthless? The results are meaningless. A true hand  count would be by an actual precincts, NOT a random batch of 200 ballot that are unsorted and could have 1 ballot each from Pima county 200 puss precincts.

What happen in court yesterday go here:     http://electionnightmares.com/archives/607

Pima county results

ll

Taken after court.

Richard Hernandez, Arlene Leaf, Bill Risner Esq, Kasey Kye Esq, John Brakey and Jo-Anne Mills

tt

Court Hearing for TRO to Stop Pima Co from Destroying Ballot Images 8.30.16: Video"  https://youtu.be/aVFHWYKbzzI

Plaintiffs Rocky De La Fuente and Richard Hernandez wins 1st Round in the fight for Transparent and Verifiable Election in Pima county by stopping Pima elections from destroying ballot images.  

The new $800,000 vote counting equipment has key audit features for verifying elections "Ballot Images".  A ballot image is made from each physical ballot that is run through the machine.  The physical ballot is marked with a serial number and the resulting ballot image is encrypted with that same number.  The ballot images are what the machine actually uses to count with, so it becomes an integral part of the ballot chain-of-custody.

Federal and state laws should have kept Pima County from destroying key elections data, but it took a lawsuit by Plaintiffs Richard Hernandez, Rocky De La Fuente and AUDIT AZ to keep them from continuing this practice, at least for the time being.  Video explains what next: Video"  https://youtu.be/aVFHWYKbzzI

To learn how you can help improve election transparency, please

Visit www.electionnightmares.com

Question: Daniel Jurkowit, have you ever heard of Vote by Mail?  

According to Pima County's attorney Daniel Jurkowitz, who filed a brief late Monday, that logically it shouldn't be legal to Vote by Mail. Which happens to be 85% of the vote.  Jurkowitz job is to make sure that these ballots images never see light of day and are destroyed.  God forbid if 'We the People' had transparent and verifiable elections.  Additionally, how do you spend close to $ 800,000 on a good election system and then destroy its built in audit system? Why? Is it because someone wants to protect the right to cheat with impunity now and in future elections?

Excerpt: Mr. Jurkowitz wrote: "Public records may be withheld from a public records request where the best interests of the government and the people justify nondisclosure. The Arizona Legislature has even criminalized the showing of a voted ballot to any person so as to reveal the contents.  All voted ballots are securely retained "unopened and unaltered" for a specific period of time after an election.   Ballots may only be brought out in public upon a court order in the specific context of a mandatory recount or election contest under A.R.S. § 16-624(D).  If a ballot image copy were released to the public, it would accomplish the same thing as showing the voted ballot as to reveal the contents and could potentially subject Pima County employees to criminal liability. While it is true that a ballot does not directly identify the voter, there are scenarios that can lead to identification of the voter and enable election fraud and intimidation.  A voter could intentionally mark a ballot in such a way as to identify themselves to facilitate vote buying.  A voter could also be coerced into marking a ballot in such a way as to identify themselves.  This would defeat the clear public policy of a secure secret ballot."

Link too new PIMA COUNTY'S RESPONSE TO PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER AND MOTION TO DISMISS filed 8.29.16: https://drive.google.com/open?id=0B2TKmkSNAkCfM3BEQVM1YmtyT1E


 

On 8/29/2016 12:50 PM, John R Brakey wrote:

FOR IMMEDIATE RELEASE:

Arizona Lawsuit Seeking to Protect Elections Data to Commence on Tuesday

Contact:   John Brakey, Phone:  520-339-2696  JohnBrakey@gmail.com  

                  Richard Hernandez    Phone 520 351 1681 rhndz109@gmail.com

The legal fight to preserve election ballot images is ironically scheduled to commence on election day, this Tuesday, August 30th at 10:00 AM.

All are encouraged show support by attending the hearing at:
Pima County Superior Court
Judge Richard Gordon's Courtroom #568,
 110 W. Congress St., Tucson, AZ. 

Federal and state laws should have kept Pima County from destroying key elections data, but it took a lawsuit by Richard Hernandez, Rocky De La Fuente and AUDIT AZ to keep them from continuing this practice, at least for the time being.

The lawsuit seeks a temporary restraining order:
 

"…prohibiting Pima County from deleting or destroying any Ballot Image Files generated in

Tabulating early ballots submitted by voters in the August 30 Primary, and granting such

other relief as the Court deems just under the circumstances."
 

Last fall, new voting machines were introduced to a number of Arizona counties, including Pima.  These machines are called ES&S DS850's and, like others, they have a very helpful auditing feature that involves graphically scanning the ballots while they're being counted. 

A ballot image is made from each physical ballot that is run through the machine.  The physical ballot is marked with a serial number and the resulting ballot image is encrypted with that same number.  The ballot images are what the machine actually uses to count with, so it becomes an integral part of the ballot chain-of-custody.

The lawsuit was initiated after Pima County's Election Integrity Commission learned that their eight months of deliberation over the predicament of ES&S ballot images was futile because Pima County Elections had already deleted the images including those belonging to this year's federal primary election.
 

Federal law requiring retention of election materials provides a penalty of up to $1,000 fine and one year in jail for premature destruction of that material, was formerly 42 U.S.C § 1974, is now 52 U.S.C § 20701.

As AUDIT AZ Co-Founder John Brakey says, "Have you ever seen any other public official other than an elections official destroy automatically created records and refuse to verify their work?"
 

Approximately 40% of the machines used to count ballots in the United States generate ballot images.  This lawsuit is important because it's the first act in a growing movement advocating constructive use of ballot images as a means for verifying the vote in the general election. 

Watch the Wisconsin Grassroots Network as they demonstrate how ballot images can be used to verify elections: https://youtu.be/SUmOrTt2DvQ

AUDIT AZ Election News has applied to be the Pool Camera and will provide video to others as needed in the media.
 

Complaint: Hernandez Vs Pima County Elections

https://drive.google.com/open?id=0B2TKmkSNAkCfWHhjTnM3MG0zS00

https://drive.google.com/open?id=0B2TKmkSNAkCfaTVQbDZMQlNXckU

Link to Public Records Request to Pima County Elections that started the suit:

https://drive.google.com/open?id=0B2TKmkSNAkCfMHBZdHZDNDc1Zlk

Link to letter to Huckelberry from Chair of PCEIC Tom Ryan Ph.D. sent 8.23.16:

https://drive.google.com/open?id=0B2TKmkSNAkCfaDBjblpjQ2N5UE0

To learn how you can help improve election transparency, please

Visit www.electionnightmares.com

tt

rr

===============================

References...

Fatally Flawed: The Pursuit of Justice in a Suspicious Election

Published on Oct 29, 2015

#REVOTEAZ

Also, check out the pilot episode of Election Nightmares (or watch video below):
https://youtu.be/GzqhnrKxJ1o


Note: Missing poll tapes corresponded directly with the electronic data showing questionable precinct counts (more below).

(AUDITAZ/AUDITUSA) investigator John Brakey and Jim March of Blackbox Voting learned first-hand of attempts by the Pima Elections Division to hide, alter and suppress elections evidence. The Pima Elections Division electronically manipulated existing database files, lost evidence containing an 'untainted' version of these files and illegally gained possession of the files during litigation.
This film allows you watch events as they unfold through the eyes of seasoned lawyer and activist Bill Risner. It quickly becomes evident that what initially appeared to be a public mandate to expand the city's roads was actually a top down mandate to run roughshod over the City of Tucson. At every step of the way, citizens seeking answers are met with resistance from election facilitators, local politicians and the state's attorney general. The County's bizarre behavior in the lawsuit and new evidence of wrongdoing on the part of elections division personnel led to an equally suspicious, deeply flawed investigation by the Arizona Attorney General. This investigation culminated in a recount that lacked a forensic inspection of the ballots any meaningful comparison historic numbers generated by precinct.

You'll catch a unique glance at the unsettling relationships that exist between the various branches of state government unified by their common goal of evading justice. Elected officials charged with oversight of the elections division refused to look into the problems with the county's elections. Bureaucrats handling the election were suspects in the case, but that didn't stand in the way with them having a prominent role in the Attorney General's investigation. All of these shenanigans became evidence in a lawsuit by the Pima County Democratic party for the release of database records. After the data was finally released and events consistent with tampering were discovered, a long judicial pursuit attempting to restore the integrity of elections in Pima County culminated in an appellate court ruling in favor of prospective relief. This meant the courts can intervene when existing election laws and enforcement of existing election laws fail to protect the integrity of elections. Why won't Pima County comply with this ruling?

For more information, see:

http://fatallyflawedelections.blogspo...


Hour 3

Media Type: Audio • Time: 50 Minutes and 15 Secs

Hour 3 -  John Whitehead (Attorney; Founder of the Rutherford Institute) comes on the show to talk about the children of the American police state

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Hour 3

2016-09-01 Hour 3 John Whitehead from Ernest Hancock on Vimeo.

John Whitehead

Founder of the Rutherford Institute

Webpage: https://www.rutherford.org/

John W. Whitehead is an attorney and author who has written, debated and practiced widely in the area of constitutional law and human rights. Whitehead's concern for the persecuted and oppressed led him, in 1982, to establish The Rutherford Institute, a nonprofit civil liberties and human rights organization whose international headquarters are located in Charlottesville, Virginia. Whitehead serves as the Institute's president and spokesperson, in addition to writing a weekly commentary that is posted on The Rutherford Institute's website (www.rutherford.org), as well being distributed to several hundred newspapers, and hosting a national public service radio campaign. Whitehead's aggressive, pioneering approach to civil liberties issues has earned him numerous accolades, including the Hungarian Medal of Freedom.

Whitehead has been the subject of numerous newspaper, magazine and television profiles, ranging from Gentleman's Quarterly to CBS' 60 Minutes. Articles by Whitehead have been printed in the New York TimesLos Angeles Times, the Washington Post and USA Today, among others.

Whitehead gained international renown as a result of his role as co-counsel in Paula Jones' sexual harassment lawsuit against President Clinton. Whitehead continues to speak out in defense of a woman's right to be free from sexual harassment and frequently comments on a variety of legal issues in the national media. He has been interviewed by the following national and international media (partial list): Crossfire,O'Reilly FactorCNN Headline NewsLarry King LiveNightlineDatelineThe Today ShowGood Morning America,CBS Evening NewsCBS This MorningThis Week with Sam and CokieRivera LiveBurden of Proof, Late Edition with Wolf BlitzerFOX News SundayHardball, the New York Times, the Washington Post, the Wall Street JournalUSA TodayNational Public RadioBBC NewsnightBBC Radio, British Sky "Tonight" and "Sunday," TF1 (French TV) and Greek national television.

The author of numerous books on a variety of legal and social issues, as well as pamphlets and brochures providing legal information to the general public, Whitehead has also written numerous magazine and journal articles. In addition, he wrote and directed the documentary video series Grasping for the Wind, as well as its companion book, which focus on key cultural events of the 20th Century. The series received two Silver World Medals at the New York Film and Video Festival and is now available on DVD.

Whitehead has filed numerous amicus briefs before the U.S. Supreme Court. He has also been co-counsel in several landmark Supreme Court cases as well. His law reviews have been published in Emory Law JournalPepperdine Law ReviewHarvard Journal on LegislationWashington and Lee Law ReviewCumberland Law ReviewTulsa Law Journaland the Temple University Civil Rights Law Review.

Born in 1946 in Tennessee, John W. Whitehead earned a Bachelor of Arts degree from the University of Arkansas in 1969 and a Juris Doctorate degree from the University of Arkansas School of Law in 1974. He served as an officer in the United States Army from 1969 to 1971.

==============================

 

TOPICS DISCUSSED...

Children of the American Police State: Just Another Brick in the Wall

By John W. Whitehead
August 22, 2016
 

We don't need no education
We don't need no thought control
No dark sarcasm in the classroom
Teachers leave them kids alone…
All in all it's just another brick in the wall
All in all you're just another brick in the wall.
—Pink Floyd, "Another Brick in the Wall"
 
The nation's young people have been given front-row seats for an unfolding police drama that is rated R for profanity, violence and adult content.
 
In Arizona, a 7-year-old girl watched panic-stricken as a state trooper pointed his gun at her and her father during a traffic stop and reportedly threatened to shoot her father in the back (twice) based on the mistaken belief that they were driving a stolen rental car.
 
In Oklahoma, a 5-year-old boy watched as a police officer used a high-powered rifle to shoot his dog Opie multiple times in his family's backyard while other children were also present. The police officer was mistakenly attempting to deliver a warrant on a 10-year-old case for someone who hadn't lived at that address in a decade.
 
In Maryland, a 5-year-old boy was shot when police exchanged gunfire with the child's mother—eventually killing her—over a dispute that began when Korryn Gaines refused to accept a traffic ticket for driving without a license plate on her car.
 
It's difficult enough raising a child in a world ravaged by war, disease, poverty and hate, but when you add the police state into the mix, it becomes near impossible to guard against the growing unease that some of the monsters of our age come dressed in government uniforms.
 
The lesson being taught to our youngest—and most impressionable—citizens is this: in the American police state, you're either a prisoner (shackled, controlled, monitored, ordered about, limited in what you can do and say, your life not your own) or a prison bureaucrat (politician, police officer, judge, jailer, spy, profiteer, etc.).
 
Unfortunately, now that school is back in session, life is that much worse for the children of the American police state.
 
The nation's public schools—extensions of the world beyond the schoolhouse gates, a world that is increasingly hostile to freedom—have become microcosms of the American police state, containing almost every aspect of the militarized, intolerant, senseless, overcriminalized, legalistic, surveillance-riddled, totalitarian landscape that plagues those of us on the "outside."
 
If your child is fortunate enough to survive his encounter with the public schools with his individuality and freedoms intact, you should count yourself fortunate.
 
Most students are not so lucky.
 
From the moment a child enters one of the nation's 98,000 public schools to the moment he or she graduates, they will be exposed to a steady diet of
 

draconian zero tolerance policies that criminalize childish behavior,

overreaching anti-bullying statutes that criminalize speech,

school resource officers (police) tasked with disciplining and/or arresting so-called "disorderly" students,

standardized testing that emphasizes rote answers over critical thinking,

politically correct mindsets that teach young people to censor themselves and those around them,

and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

 
Clearly, instead of making the schools safer, we have managed to make them more authoritarian.
 
Young people in America are now first in line to be searched, surveilled, spied on, threatened, tied up, locked down, treated like criminals for non-criminal behavior, tasered and in some cases shot.
 
Roped into the government's profit-driven campaign to keep the nation "safe" from drugs, weapons and terrorism, the schools have transformed themselves into quasi-prisons, complete with surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs, strip searches and active shooter drills.
 
It used to be that if you talked back to a teacher, or played a prank on a classmate, or just failed to do your homework, you might find yourself in detention or doing an extra writing assignment after school.
 
That is no longer the case.
 
Nowadays, students are not only punished for minor transgressions such as playing cops and robbers on the playground, bringing LEGOs to school, or having a food fight, but the punishments have become far more severe, shifting from detention and visits to the principal's office into misdemeanor tickets, juvenile court, handcuffs, tasers and even prison terms.
 
Students have been suspended under school zero tolerance policies for bringing to school "look alike substances" such as oreganobreath mints, birth control pills and powdered sugar.
 
For instance, a Virginia sixth grader, the son of two school teachers and a member of the school's gifted program, was suspended for a year after school officials found a leaf (likely a maple leaf) in his backpack that they suspected was marijuana. Despite the fact that the leaf in question was not marijuana (a fact that officials knew almost immediately), the 11-year-old was still kicked out of school, charged with marijuana possession in juvenile court, enrolled in an alternative school away from his friends, subjected to twice-daily searches for drugs, and forced to be evaluated for substance abuse problems.
 
Look-alike weapons (toy guns—even Lego-sized ones, hand-drawn pictures of guns, pencils twirled in a "threatening" manner, imaginary bows and arrows, even fingers positioned like guns) can also land a student in hot water.
 
Acts of kindness, concern or basic manners can also result in suspensions. One 13-year-old was given detention for exposing the school to "liability" by sharing his lunch with a hungry friend. A third grader was suspended for shaving her head in sympathy for a friend who had lost her hair to chemotherapy. And then there was the high school senior who was suspended for saying "bless you" after a fellow classmate sneezed.
 
Consider that by the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.
 
More than 3 million students are suspended or expelled from schools every year, often for minor misbehavior, such as "disruptive behavior" or "insubordination." Black students are three times more likely than white students to face suspension and expulsion.
 
In South Carolina, where it's against the law to disturb a school, more than a thousand students a year—some as young as 7 years old—"face criminal charges for not following directions, loitering, cursing, or the vague allegation of acting 'obnoxiously.' If charged as adults, they can be held in jail for up to 90 days."
 
Moreover, just as militarized police who look, think and act like soldiers on a battlefield have made our communities less safe, the growing presence of police in the nation's schools is resulting in environments in which it's no longer safe for children to act like children.
 
Thanks to a combination of media hype, political pandering and financial incentives, the use of armed police officers to patrol school hallways has risen dramatically in recent years. Funded by the U.S. Department of Justice, these school resource officers have become de facto wardens in elementary, middle and high schools, doling out their own brand of justice to the so-called "criminals" in their midst with the help of tasers, pepper spray, batons and brute force.
 
The horror stories are legion.
 
One school police officer was accused of punching a 13-year-old student in the face for cutting the cafeteria line. That same cop put another student in a chokehold a week later, allegedly knocking the student unconscious and causing a brain injury. In Pennsylvania, a student was tasered after ignoring an order to put his cell phone away.
 
Defending the use of handcuffs and pepper spray to subdue students, one Alabama police department reasoned that if they can employ such tactics on young people away from school, they should also be permitted to do so on campus.
 
Now advocates for such harsh police tactics and weaponry will tell you that school safety should be our first priority.
 
What they might fail to mention in their zeal to lock down the schools are the lucrative, multi-million dollar deals being cut with military contractors to equip school cops with tasers, tanks, rifles and $100,000 shooting detection systems.
 
Indeed, the militarization of the police has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.
 
According to one law review article on the school-to-prison pipeline, "Many school districts have formed their own police departments, some so large they rival the forces of major United States cities in size. For example, the safety division in New York City's public schools is so large that if it were a local police department, it would be the fifth-largest police force in the country."
 
The term "school-to-prison pipeline" refers to a phenomenon in which children who are suspended or expelled from school have a greater likelihood of ending up in jail.
 
What we're grappling with, you see, is not merely a public school system that resembles a prison and is treating young people like prisoners but also a profit-driven system of incarceration has given rise to a growth in juvenile prisons and financial incentives for jailing young people.
 
Indeed, young people have become easy targets for the private prison industry, which profits from criminalizing childish behavior and jailing young people. Nearly 40 percent of young people who are arrested will serve time in a private prison, where the emphasis is on making profits for large megacorporations above all else.
 
It has been said that America's schools are the training ground for future generations.
 
Instead of raising up a generation of freedom fighters, however, we seem to be busy churning out newly minted citizens of the American police state who are being taught the hard way what it means to comply, fear and march in lockstep with the government's dictates.
 
As I point out in my book Battlefield America: The War on the American People, it's getting harder by the day to convince young people that we live in a nation that values freedom and which is governed by the rule of law.
 
With every school police raid and overzealous punishment that is carried out in the name of school safety, the lesson being imparted is that Americans—especially young people—have no rights at all against the state or the police.
 
The bottom line is this: if you want a nation of criminals, treat the citizenry like criminals.
 
If you want young people who grow up seeing themselves as prisoners, run the schools like prisons.
 
But if you want to raise up a generation of freedom fighters, who will actually operate with justice, fairness, accountability and equality towards each other and their government, then run the schools like freedom forums. Remove the metal detectors and surveillance cameras, re-assign the cops elsewhere, and start treating our nation's young people like citizens of a republic and not inmates in a police state.

WC: 1829

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission: John W. Whitehead's weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

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