<<http://www.scoop.co.nz/mason/stories/HL0404/S00199.htm>>

Enter the next set of documents -- the lawyers memos. 

Out of perhaps 600 pages, about 50 pages were deemed to be of compelling
public interest. The most important information on these was provided
directly to two gentlemen who had an appointment to meet with Kevin
Shelley who was, at that time, out of the state. On Monday, March had
provided Dunn's declaration to the secretary of state's office and to the
California attorney general.

While traveling a few days ago, my plane touched down for about 20
minutes in Oakland while I was on my way to Dallas. I grabbed my cell
phone and called Ian Hoffman of the Oakland Trib to tip him off about a
set of documents that had become available, and he was keenly interested.
He made the correct inquiries to locate a selection of memos. 

Hoffman printed two articles in the Oakland Tribune and the Tri Valley
Herald, on Tuesday this week, detailing the problems exposed by the
memos:

1) Diebold's lawyers were planning to lie to the secretary of state by
saying the smart card system was commercial off the shelf, and didnt need
to be certified. This was in response to a suggested interrogatory I
provided for the January voting panel hearing via Jim March. Of course,
this system is customized and heavily modified.

2)Diebold's lawyers described absurd answers to the interrogatories, like
saying that to get hold of the source code for the TSx might take several
months. However, if a software developer is following ISO 9000 standards,
or any certification and auditability standards, of course they can lay
their hands on their own source code. In a matter of a few minutes,
certainly. 

3) Diebolds lawyers said they needed to "find out what the secretary of
state's office has" especially, if they had documents from the Diebold
FTP site. They said they wanted to minimize document production. It so
happens that strong evidence of the customized votercard programs was on
that FTP site -- at least nine different versions of it. 

4) Diebold's lawyers also outlined a number of areas where they had
concluded that their client had probably broken the law.

5) They also made patently absurd written responses about the Windows CE
system. 

[Links to PDF copies of selected memos:] 


Alameda County Agreement

Atty fees for 2 months

California Elections Code--Countinq of Vo

Chart CA Desi COntracts

Chart of DESI certified systems 1.18.18 r

D McMillian to M Carrel Feb 2004

Discussion RE Windows CE

Equip list in CA Diebold COunties

Fed Quals and NASED Number

Issues Re CA SOS investigation

Memo Analyzing Alameda Contract

Q and A good stuff

SLO Investigation Notes

Scott Shaw to D McMillian

Scott Shaw to David McMillian


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<<http://www.oaklandtribune.com/Stories/0,1413,82%257E1865%257E2095811,00.
html>>

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"If voting could really change things, it would be illegal." - Diebold
Internal Memos

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