Blogosphere lynches 'Palin hacker,' minus evidence

A fact-light report from WREG-TV in Memphis. (Image via YouTube.com)

Can someone please arrest the blogosphere and put them all away? Don't worry about gathering evidence or building a case, just lock them up and throw away the key — they'd do the same to you.

Drunk on the prospect that the 20-year-old son of a Democratic legislator in Tennessee was behind Wednesday's Palin e-mail hack, many blogs, political and otherwise, have summarily convicted the young man based on an impressive array of rumors, recycled nonfacts, misinterpretations and outright negligence. Then some TV stations and newspapers picked up the canard, running stories whose factual underpinning was that the hacking accusation was "the topic of heated discussions by bloggers all day." 

The whole circus started with the resemblance between a pseudonym of someone who claimed to be the hacker, and the supposed e-mail address of the politician's son. Both contained the word "rubico."  For many reporters, that might prompt a few phone calls. For bloggers, it was enough to light the torches.

Leading the misinfo-pack is conservative blogger Michelle Malkin, who began a post on the subject by quoting Nashville's Tennessean newspaper's report that, among other things, that "the son of state Rep. Mike Kernell has been contacted by authorities in connection with a probe into the hacking." 

But — and this bears strenuous emphasis — the Tennessean has completely changed its tune. Without a note or correction, it soon replaced the version that Malkin quotes with one in which Rep. Kernell merely acknowledges that his son "is at the center of heated Internet discussion into the hacking." 

Malkin doesn't mention the change, and the original, incorrect version has been cited more widely than the less exciting up-to-date version.

Malkin does, however, link to Gateway Pundit, a blog whose modus operandus is apparently to trumpet falsehoods with multiple exclamation points so other blogs can at least have a source when they want to spread rumors. Here's the headline of the Gateway post Malkin links to (the ellipses are part of the headline): "FATHER OF HACKER Is Tennessee Dem State Rep!!!!! ...Update: Name- [first name deleted by Web Scout] Kernell ...Update: He's Been Contacted by Feds!" Then later: "Kernell Confesses?"

What? Every one of these statements is dead wrong. There's been no admission of guilt nor official  suspect named by any agency.  No one, not even the Tennessean, has stood by reporting that the younger Kernell was contacted by the authorities. (Rep. Kernell has said explicitly, including in the WREG-TV video that Gateway itself posted, that neither he nor his son has been contacted at all.) So seriously...huh?   

But here's where the snake really begins to eat its tail. To back up its suggestion that Kernell confessed, Gateway links to an article on a British tech site called PC Pro, which claimed that "a message was posted by Kernell on the 4chan forum claiming that he was behind the attack."

But the message that PC Pro was referring to, widely disseminated by Malkin, apparently came from the image board 4chan.org. I say apparently because 4chan's posts are not archived, and often disappear without a trace in a matter of minutes, making it difficult to prove anything originated there. Moreover, the confession that Malkin posted carried only the ID "rubico" — it did not contain the younger Kernell's name anywhere — and was itself sent to Malkin by an unnamed source. 

So, to recap:  A pseudonymous message on a nonarchived discussion board famous for mischief and anonymity was rescued by another anonymous user (Malkin's), and Malkin unquestioningly posted it on her blog.  From there, the account was passed around until it was picked up by a British computing site that mistakenly attached Kernell's name to it — based on an e-mail address someone found by Googling the pseudonymous rubico.

Then, with the fiction gaining steam (but no fact), Gateway Pundit and others were free to run with it until — surprise! — their posts were linked by Malkin, who helped create the story in the first place. Ain't it pretty?

The blogoshere has assembled numerous details and speculation about what's going on, but it's my contention that there's not one verifiable truth in this story. The clue that started it all — the tale of two rubicos — is certainly worth a raised eyebrow, but it's a far cry from enough evidence to conduct a virtual lynching.

Comments

[Thomas]

Whatever you do, David, please be sure and don't allow facts to get in your way.

[Scott Somerville]

With all due respect, I think the LA Times underestimates the strength of the evidence linking David Kernell to this password reset. While you may be right in saying that many people are accusing him without an adequate basis, you should look a little harder at the evidence that leads some people (including myself) to believe there is far more than probable cause to arrest David Kernell at this time.

The trail to Kernell includes multiple lines of independent confirmation. The password reset was "popcorn," which makes perfect sense for a person named "Kernell." The "rubico" handle was used by a chess-player named "David" in Memphis. The link to David Kernell, a chess-playing UT student, was not based on either of these bits of evidence--but both of them fit perfectly with Kernell's identity.

The fact that Kernell's dad is a Obama-supporting Democrat has absolutely nothing to do with the trail to Kernell. Given the juvenile and criminal behavior of the so-called /b/tards who call themselves "Anonymous," the father's politics are the LAST thing that come into this investigation.

[moose shooter]

http://libertarianrepublican.blogspot.com/2008/09/video-from-obama-campaign-manager-david.html

who is really behind this hack... come on liberal press I dare you to run with this real story
do some real journalistic work expose the frauds of the Obama campaign

[Steve]

Wha? You can't believe everything on these Interwebs? Better shut 'er down then.

[patmccann]

With all due respect, what do you expect from the LA Times?

[Voxitar]

The Kernell family now knows what it's been like for the Palin family these last three weeks....a never-ending onslaught of factless, baseless stories, accusations and despicable, vile insinuations and outright SMEARS directed at not just Sarah Palin but her children and husband. Of course, the Palin smear machine has consisted mainly of attacks by the Obama-fawning mainstream media, which in my mind makes it worse - they're supposed to know better.

[Smapdi]

Thanks Webscout. Terrible work from the Tennesseean and the right-wing echo chamber.
Kernell might be the guy, but as of Sunday, there is still no confirmation- a commenter elswehere said MSNBC confirmed it, but it's not on their site.
The illegality of the 'hack' notwithstanding, this speaks directly to Sarah Palin's executive abilities. She chose to maintain a separate email account that was used for state business and she was responsible for the security on that account.

[Corona Vir]

Apparently there was enough evidence for the FBI to serve him a search warrant:

http://www.wbir.com/news/breaking/story.aspx?storyid=64033&catid=29

[Richard R]

Late last year I served on a Federal jury in a $100 million mail fraud/conspiracy case. We convicted the two defendants with much less evidence than there is against Mr. Kernell.

The IP logs of the proxy server used in the hack - made easy to sort by the hacker including the full URL in the screen caps he posted - will make identifying the computer used child's play. Today Mr. Kernell's roommates are testifying under subpoena, probably to say that they weren't using that computer when these events took place.

Too many times in recent years partisan supporters have committed crimes against opposition candidates, won the election because of those crimes, then skated because they were just "youthful pranks." When Presidential elections are won or lost by a handful of votes, crimes like this are crimes against our democracy. We must prosecute people like this to the fullest extent, with enough jail time to make the next guy think twice before slitting the tires of a get-out-the-vote van.

[qwerty1]

UPDATE: FBI serves search warrant against UT student in Palin case

http://www.wbir.com/news/breaking/story.aspx?storyid=64033&catid=29

Does the FBI have 'minus evidence' ?

[orthodoc]

FYI:

The FBI is stepping up its investigation into the possibility that a University of Tennessee student hacked into the personal e-mail of Vice Presidential candidate Sarah Palin.

A person who identified himself as a witness tells 10 News that agents with the FBI served a federal search warrant at the Fort Sanders residence of David Kernell early Sunday morning. Kernell lives in the Commons apartment complex at 1115 Highland Ave.

David Kernell is the son of Mike Kernell, a Democratic state representative from Memphis.

A Department of Justice spokesperson confirmed there has been "investigatory activity" in Knoxville regarding the Palin case, but she said there are no publicly available search warrants, and no charges have been filed.

A separate law enforcement source confirmed to 10 News that a search warrant was served on Kernell's apartment.

According to the witness, several agents arrived at The Commons of Knoxville around midnight.

They presented their badges upon entering Kernell's apartment, where several students were having a party, and took down their names.

The witness tells us they asked him and those who did not live in the unit to go outside. He believes the investigators took about 1.5 to 2 hours taking pictures of everything inside the apartment.

He says Kernell's three roommates were also subpoenaed, and must testify this week in Chattanooga. "

Right. No contacts by the authorities. Cripes, can't you MSM hacks even read?

[Ryan]

FBI serves search warrant against UT student in Palin case

http://www.wbir.com/news/breaking/story.aspx?storyid=64033&catid=29

[rory]

pssst...

http://www.wbir.com/news/breaking/story.aspx?storyid=64033&catid=29

"A person who identified himself as a witness tells 10 News that agents with the FBI served a federal search warrant at the Fort Sanders residence of David Kernell early Sunday morning. Kernell lives in the Commons apartment complex at 1115 Highland Ave."

Perhaps you should stick to blogging about Microsoft... credibility issues and all... you know how it is.

Run along now...

[gaypastor]

This does not surprise me one bit and this kind of blog activity will only get worse and WORSE! It is the unavoidable result of the highly biased mainstream press (as overwhelmingly shown during this election year). Now people will seek truth - and re-distributed truth - from others sources (aka blogs, websites, etc.). I hate to say it....but the press has dug their own graves. Maybe it's time for them to start doing such impartial, fair and even reporting!!!!

[Evil Pundit]

Another blatant piece of political propaganda from the LA Times -- and wrong, as usual.

The FBI has now served a search warrant on David Kernell.

No wonder the LA Times is going bankrupt. When was the last time it was right about anything?

[Kelly]

THe LA Times will be eating its words when this kid is convicted, there is more proof then what the LA Times is telling you.

[Timetester]

I don't recall all this concern of a lynching when Nic Kristoff mocked authorities for not investigating Stephen Hatfill, who the smart reporter was able to ferret out and then smear the mans good name and causing him to be investigated and life ruined.

[Big Dog]

Interestingly, the Times seems to think that mounting evidence is no reason to start pointing fingers. It is all a lie according tot he Times.

But, this publication remains silent on the concerted effort of David Axlerod and his people with their astroturfing activities. Lies about Palin are spread via dummy websites that give the appearance of being legitimate so that it looks like everyone has scandalous information.

Then there is the viral anti Palin video that was likely produced by a professional PR firm that happens to have ties to the Obama campaign. The video and the efforts of the people to get it around are more in line with the lies and smears the Times ascribes to Malkin.

http://mypetjawa.mu.nu/archives/194057.php

Big Dog
www.onebigdog.net

[Obama Army of Creeps]

JUST AS WE SUSPECTED! Obama and his Democrat Army of Creeps is going around hacking into people's emails and then posting personal photos and correspondence on the web.

Just think what these Obama Hacker Creeps will do to us should they ever get their angry ten year old fingers on the nuclear button!

These Obama people who are behind this sickening invasion of privacy need to be locked up and throw away the key!

[Flakca]

Just want to say that Richard R. said it best.

In this age of close elections, hacking into a candidates email is on par with WATERGATE. This story, if it has links back to the DNC or Obama, is the WATERGATE of our times.

[Eileen]

I think the FBI knows exactly what it is doing, I don't think they'd be issuing Federal search warrants and gathering the evidence if they didn't think there was massive proof. I know this for a FACT because my family just went through a hacking crime and the FBI was all over us and the party involved is in a LOT of trouble. This kid is facing MASSIVE jail time. They do not fool around with this. I feel bad for him because life as he knew it is over. His future is washed up. His family is in for a lot of heartache.
If the FBI was at his residence, they already have their man, believe me, and now his nightmare begins. And no amount of 'connections' or media ignoring his plight is going to help him. I'm living through it right now. It is horrendous.
And the only thing the MSM will do by ignoring this is withhold facts from the public, which in our case, the MSM was all over it!! The double standard sickens me! We're nothing people and still pictures were in the papers, horrible things were written about us, but here with the Palin story I hardly see a word in print in the major newspapers. Of course I have a personal ax to grind with the media because of what they did to us, so take it as you want.

[Darryl]

And the LA Times has shown how unbiased and fair it has been for calling for the Daily KOZ posters to be locked up without evidense. Yea right! And I'm Bill Gates sole heir to his fortune!

Ridiculous!

[Tom]

This little rich puke won't do a minute of jail time. His Daddy will get him off.
The media won't even cover the story.
Can you imagine the coverage if it were a Republican's son doing this? The liberal bias media is just a mouthpiece for the Dems.

[Phil G.]

I find it interesting that most headlines say "UT student" or some variation, instead of "Senator's son sought in hacking" which we all know would be more the case had the parties been reversed. Just sounds like LA times is HOPING that the son is not involved.

Richard R is right. The IP address is going to be logged by the ISP and most likely the proxy service used (if one was used). At that point, with the agencies involved, a subpoena is going to be a breeze. Linking that IP back to his place isn't going to be that hard either.

And lets be real here. Hacking into ANY ONE of the candidates accounts would be sheer stupidity. It's no shock that the agencies are coming down hard. If it is in fact linked to the DNC or Obama in ANY way, it will be bad.

It has also been reported that when the agents showed up at the dorm, he fled the scene. Why run if there is nothing to hide? Innocent people don't run if there is nothing to hide. Right?
Would like to know if the agents seized any and all computers at his residence.

[Alfonzo S. Tangerine]

Oopsie. Another LA Times would-be cover-up ruined.

Would you guys just admit that you're Obama's press office and be done with it?