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A 33-year-old wealthy, black Republican, who voted for the first and only time in May, says he can bring disenfranchised minority voters to the polls if elected California secretary of state.

"I understand what it's like to feel like as though my vote doesn't count," real estate developer and former NFL player Damon Dunn, of Irvine, said during a media blitz last week.

The Department of Justice could vote down an already-completed merger of the two biggest makers of voting machines.

The Justice Department, Florida and 13 other states have opened investigations into the September marriage between Election Systems & Software and Diebold's Premier Election Solutions, which played a controversial role in the 2004 presidential election, according to a source with direct knowledge of the process.

Sen. Chuck Schumer (D-NY) is planning to hold hearings on the matter next month, the source said.

Even though the merger gave ES&S a whopping 70 percent of the voting-machine market share, the $5 million deal was too small to require government approval.

Now, the Justice Department is looking into the matter and next month could file a suit to unwind the deal, the source said.

TALLAHASSEE --
Florida Attorney General Bill McCollum is conducting an anti-trust investigation of a voting-machine company merger that would create a near-monopoly over the levers of democracy in Florida and much of the United States.

McCollum's office has issued at least six subpoenas covering every major voting-machine company as part of a civil investigation of Election Systems & Software's $5 million acquisition of Diebold Inc.'s elections division -- a merger that would give a private company too much power over the machines used to castvotes, voting-rights groups say.

``Our office engaged in this issue because anti-competitive behavior can seriously harm consumers,'' McCollum said in a written statement. ``Competitive behavior encourages the best products be available to consumers, including technology, particularly in a market as sensitive as the voting systems market.''

Under the state's 1980 anti-trust law, McCollum could persuade a court to levy fines against ES&S or prevent the company from operating in Florida. By next year, the company is expected to be the exclusive provider of voting machines and services in 65 of the 67 counties in Florida, the nation's most important swing state.

That means, under the acquisition announced Sept. 2, ES&S will provide election services to 92 percent of Florida's 11.2 million voters.

By Dave Johnson

Special to the Mercury News

The representative said that history "tends to discredit" the Velvet Revolution and that the chamber might be compelled to increase its own security in response to the ad campaign. 

"This one is headed up by somebody who has a demonstrated history of extreme violence and a track record of telling lies," said the representative, who wished to remain anonymous for safety reasons.

The Obama administration has asked the Department of Justice to dismiss a lawsuit brought by convicted terrorist Jose Padilla against torture memo author John Yoo, asserting that Yoo cannot be sued for legal opinions he offered in the course of advising then-President Bush on national security matters.

Constitutional law professor Jonathan Turley finds ths decision inexplicable. "The president literally has gotten onto a plane this evening to go to Norway," he told MSNBC's Keith Olbermann on Wednesday, "to accept the Nobel Prize, while his Justice Department is effectively gutting a major part of Nuremberg."

"The Obama administration is arguing not only that they shouldn't be prosecuted," Tuirley emphasized, "but it's now saying that you shouldn't even be able to sue them civilly. ... It's an international disgrace."

Turley pointed out that several legal advisors to Germany's Ministry of Justice were convicted during the Nuremberg trials held after World War II for providing the legal advice that justified Nazi war crimes. Now the Obama administration, in its desire to uphold executive privilege at any cost, is willing to toss that principle aside.