Both pieces in the Journal--mine and von Spakovsky's--are accessible 
on-line at 
http://markcrispinmiller.blogspot.com/2008/11/mcm-and-hans-von-spakovsky-in-todays.html.

MCM


 From Ken Anderson:

A Tale Told by A Partisan Idiot

To the paper's credit, two editorials appeared in the Wall Street Journal
yesterday, arguing various facets of fraud in America's electoral system.
New York University Professor Mark Crispin Miller delivers an
intellectually honest and fact-based indictment of Republican vote
suppression effort in our current epoch.  Hans von Spakovsky, a
politically tainted GOP operative accused by senior Justice Department
colleagues of blocking investigations of voting rights violations,
delivers a fatuous and rigorously dishonest presentation  of "voter fraud,"
employing innuendo, irrelevant historical artifact and logical fallacy.

While Spakovsky's article weaves a tale of voting fraud through the ages,
his argument for restrictive voting laws is based both on known voter
fraud cases from decades or centuries ago, and current, almost wholly
bogus problems.  Although many or most of his "facts" are specious or
completely false--suggesting that Republican allegations are de facto
proof that there are 200,000 problematic registration in Ohio--most
readers surely won't know that. Which is exactly why he can and does use
them.

Spakovsky pounds away on events, recent and not so recent, using conflation,
unsupported extrapolation, and ludicrous interpolation to "prove" how bad
Democratic "voter fraud" really is.  With this broad brush, he paints a dire,
fictitious picture of the electoral scene in America.

For instance, examine this bit of logical nonsense:

"In 1996, Loretta Sanchez won her congressional race in California against
incumbent Bob Dornan by only 979 votes. An investigation found that more
than 600 noncitizens voted, not quite enough to overturn the election. But
that number of votes was more than the margin of victory in the 2000
presidential race in Florida, a state where the Department of Justice has
convicted noncitizens for registering and voting."

Got that? Loretta Sanchez won an election in 1996 in California when 600
non-citizens voted, therefore, the Florida 2000 election could have gone
to Gore because of voter fraud. This comprises several logical fallacies,
especially fallacies of presumption, weak analogy and bandwagon fallacy.
But Spakovksy does not care to argue from fact -- there were no known
instances of fraudulent voting in the 2000 Florida election -- but from
false implication.  Readers, primed by weeks of "voter fraud" howling,
probably won't care either.

Naturally, while Spakovsky fails to mention the tens of thousands of
legitimate voters who were purged from Florida's voter rolls in the 2000
election, he also recites the false, media-accepted narrative that Bush
"won" Florida when, in fact, a comprehensive recount showed without doubt
that Gore had more votes.  Presumably, Spakovsky believes it was in
America's best interest to deny voting rights to tens of thousands of
citizens in Florida, in order to combat a case of voter fraud in Colorado
four years prior.

Unfortunately, both articles neglect the US Attorney scandal, and what
and what that purge by Bush/Cheney's DoJ was really all about.  According
to sworn testimony by some of those Attorneys who were fired, Republicans
in Congress, the White House and the DoJ itself pressed the Attorneys in
to file false charges of Democratic "voter fraud" immediately prior to the
2006 election, in direct violation of the Department's own policy. The Attorney
who resisted were summarily dismissed.  The DoJ's own five year study found
a nationwide total of 24 convictions for "casting a false ballot." Despite John
McCain's assertion at the last presidential debate, this is hardly 
what one would
describe as a menace to the fabric of democracy.

But Spakovsky does not hesitate to use a mere seven Kentucky indictments
in 2003 to claim nationwide voting system ills, when, in fact, such low
numbers suggest the obverse, especially in light of the DoJ report. He
also claims that "voter fraud" was a "low priority" for prosecutors when
we know exactly the opposite was true, that the Justice Department under
George Bush made voter fraud a top of the priority of the Department of
Justice.

On its surface, however, Spakovsky's article was a strong presentation of
the the usual and false GOP talking points.  Therein lies its danger.

So long as voter suppression agents like Spakovsky are able to make
fallacious arguments in the pages of the Wall Street Journal, the GOP's
ongoing voter fraud narrative will never go away.  Grim testimony of this
appeared in another recent op-ed  in the Wall Street Journal and, in the
most matter of fact manner, implied that the obvious politicization of the
Justice Department was a dubious partisan claim, unsubstantiated by known
fact and testimony:

"We've all read a lot about the 'politicization' of the Justice Department
in recent years...."

The scare quotes are theirs, as though the whole notion was mad.  It is
similar in kind to John McCain's derision of womens' "health."  This is
the kind of "thinking" being presented in the pages of Murdoch's new toy.

Indeed, it is rather astonishing that Mark Crispin Miller's article was
published in the paper at all.  Perhaps there is still hope for fact and
truth.  That is something we are about to find out in the days following
November 4.
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