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Latest Featured Reports | Friday, August 1, 2014
'Green News Report' 7/31/14
  w/ Brad & Desi
20m gallon water main break in L.A. exposes decrepit U.S. water sytem; Record wildfires depleting budgets; Repubs fiddle as West burns; PLUS: Flesh-eating bacteria in Florida...
Previous GNRs: 7/24/14 - 7/29/14 - Archives...
FEC Commissioners at War Over Rove's Campaign Finance Violations
Deadlock vote, ignoring federal agencies own attorneys, leads to lawsuit and scathing attack of Dem Commissioners by GOP colleagues...
'A Kind of Propaganda War'
After U.N. denial, NBC's David Gregory apologized for use of unverified Israeli video claiming to show rockets fired from U.N. refugee shelter in Gaza where at least 15 were killed by Israel last week...
'Green News Report' 7/29/14
  w/ Brad & Desi
Obama Admin approves sonic cannons for offshore oil exploration; Bizarre weather across U.S.; CO judge nixes fracking ban; PLUS: Neil Young wants your help in the rainforest...
Previous GNRs: 7/24/14 - 7/22/14 - Archives...
Bi-Partisan House to Obama: Get Out of Iraq
Overwhelming, if largely symbolic vote in the U.S. House, directs the President to pull U.S. troops back out of Iraq. Directive seen as stinging rebuke to GOP war haws in Senate..
'Green News Report' 7/24/14
  w/ Brad & Desi
Breaking: Storm ravages VA campground; New rules for explosive oil trains; Big win against Big Oil in small Maine town; PLUS: U.S. and Rush Limbaugh lead world in denial...
Previous GNRs: 7/22/14 - 7/17/14 - Archives...
Israeli Attack on UN Shelter Kills At Least 15 in Gaza
The strategy of bombing children, but warning them first, will almost certainly result in years of peace and prosperity for the region...
The Good Fight Continues: KPFK 'BradCast'
Brad speaks with John Wellington Ennis, documentarian and activist, on his newest film and his decade-long fight for election integrity...
What We Do Now
"It took one hour and 57 minutes for the execution to be completed, and Wood was gasping for more than an hour and a half of that time"..."Wood, 55, gasped more than 600 times before he died"...
'Green News Report' 7/22/14
Record wildfires in Pacific NW; June 2014 was hottest globally on record; EPA blocks Pebble Mine; CA blocks water pollution; PLUS: To cut emmissions, cut the beef...
Aborted Statewide 'Recount' Reveals It's a Great Time to Steal an Election in California
In the closest election in state history, even a well-funded candidate couldn't afford to find out if he actually lost...
'I Never Realized Voter ID Fraud Had Not Been Proven'
A RW caller's admission to Brad on NC radio underscores unparalleled propaganda power of Fox 'News'...
John Oliver On America's Prison Problems...With Singing Muppets!
HBO's Last Week Tonight offered smarter (and certainly funnier) coverage than you're likely to see anywhere else...
No, JFK Didn't Steal 1960 From Nixon
Another Zombie Myth that just won't die gets knocked down again...for now...even as its persistence continues to fuel false Republican claims of 'voter fraud' even today...
CA Ballot Prop to Overturn 'Citizens United'
Measure calls for Amendment 'to make clear that rights protected by the U.S. Constitution are the rights of natural persons only'...
UK Deputy PM Condemns Israel's 'Deliberate Use of Disproportionate Response'
Nick Clegg calls attacks on Gaza 'collective punishment' that 'incubates next generation of extremists' and 'needs to come to an end'...
'Green News Report' 7/17/14
Australia's RW govt repeals landmark carbon tax; Obama action on global warming impacts; Record wildfire season in West; PLUS: CA gets tough on water wasters...
Kochs Radical 'Libertarianism' Broke KA
More than 100 top GOPers endorse Republican Gov. Brownback's Dem opponent after tax cuts for wealthy have busted the extremist Koch Brothers' home state...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...

Military Torture, Legal Fig Leaves & Premature Exculpation...
By Ernest A. Canning on 5/6/2009 12:07pm PT  

Guest Blogged by Ernest A. Canning
Part I of a Five-Part Special Series
(Part II is now here. Part III is now here. Part IV is now here. Part V is now here.)

"When any modern state tortures even a few victims, the stigma compromises its majesty and corrupts its integrity. Its officials must spin an ever more complex web of lies that, in the end, weakens the bonds of trust and the rule of law that are the sine qua non of a democracy. And, beyond its borders, allies and enemies turn away in collective revulsion." - Prof. Alfred W. McCoy, A Question of Torture (2006).

Truth and justice are essential components of democracy and the rule of law. We cannot move forward unless we honestly examine our past. Accuracy is vital to every decision we make, be it impeachment, prosecution or a restoration of our nation’s honor and integrity.

This is the first in a five-part series of articles which will strive to correct misperceptions arising from the erroneous blending of military and CIA torture. This task has become especially relevant now that the Justice Department's the Office of Legal Counsel (OLC), the very section which had issued the torture memos, tasked by former Attorney General Michael Mukasey with investigating itself, has now released a recommendation that none of the authors of the torture memos be prosecuted. This recommendation stands in stark contrast to our nation's post-World War II decision to prosecute German judges for war crimes at Nuremberg.

Part I addresses the relatively public involvement of the U.S. military and private contractors at Guantanamo, Afghanistan and Iraq. It will dispel the notion that the Bush White House sought out independent legal opinions from the OLC before deciding to torture.

Part II will discuss the CIA's dark beginnings, including its recruitment of former Nazis, its devotion to covert "psychological operations" as a founding principle, the experiments on unwitting subjects that were part of a maniacal quest to crack the code of human consciousness, and the scientific studies that led to KUBARK, the CIA's torture manual.

Part III provides a vital historical account of CIA torture applied by surrogates in developing nations as a component of empire, an account that belies the suggestion made by the The New York Times that CIA torture first arose as an aftermath of 9/11.

Part's IV and V will address the CIA's involvement in extraordinary rendition and an ultra-secret system of “black-sites” into which “ghost detainees” would disappear. It will show how the techniques used on "ghost detainees" are the culmination of a half-century of CIA research and practices...

--- Click here for REST OF STORY!... ---

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Senator-elect Franken, when seated, will give democrats a filibuster-proof majority...
By Ernest A. Canning on 4/28/2009 1:06pm PT  

Guest Blogged by Ernest A. Canning

The New York Times just reported:

Senator Arlen Specter of Pennsylvania said on Tuesday he would switch to the Democratic party, presenting Democrats with a possible 60th vote and the power to break Senate filibusters as they try to advance the Obama administration’s new agenda.

Specter's announcement reflects an estrangement from the increasingly authoritarian, hard-right ideologues who now control the shattered remnants of the Republican Party. In California, the Republican Party passed a resolution to deny funding to six Republican lawmakers who joined with Republican Governor Arnold Schwarzenegger and Democrats, passing a budget to prevent this state from falling into an economic abyss. In the U.S. House of Representatives, every Republican acted as one to say “no” to a vital stimulus, offering only the very measures that led to the current economic meltdown—tax cuts for the wealthy. Three Republican Senators, Arlen Specter, Olympia Snowe and Susan Collins, had no sooner broke ranks in voting for a compromise version of the stimulus package before they found themselves targeted by conservative groups, with Specter facing a primary challenge from hard-right Republican Pat Toomey.

It is a testament to how far the remnants of the Republican Party have moved to the right that RNC Chairman Michael Steele suggests Specter would have been defeated by Toomey because of the former moderate Republican's "left-wing voting record."

As we pointed out previously, upon the anticipated denial of former Senator Norm Coleman's appeal by the MN Supreme Court, Senator-elect "Franken...would be in a solid position --- legally and politically --- to then lobby the Senate hard and directly for an immediate seating, even if Coleman chooses to continue his fool's errand with an appeal to the U.S. Supreme Court." Franken would become the 60th member of the Senate Democratic Caucus, ending the ability of the 'Party of No' to block the Democratic agenda --- unless either Susan Collins or Olympia Snowe beat him to it.

UPDATE 4/29, 5:55pm PT: In an op-ed appearing in today's New York Times Senator Snowe observed that "being a Republican moderate sometimes feels like being a cast member of 'Survivor' --- you are presented with multiple challenges, and you often get the distinct feeling that you’re no longer welcome in the tribe." Whether that means that she would be prepared to follow Specter off the reservation remains to be seen.

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Sending them out to chase shadows...
By Ernest A. Canning on 4/27/2009 11:12am PT  

Opinion by guest blogger, Ernest A. Canning

Keith Olbermann was astonished (full video below):

Despite the new wealth of evidence that the Bush administration’s desire to torture suspects was driven by a desire to gin up phony links between Iraq and al Qaeda, not by concerns about another terrorist attack, former Vice President Cheney is sticking to his story that it was all about terrorism. In part II of his interview with Fixed News, the Dark Lord accusing the Obama administration of not believing that the U.S. is threatened by terrorism.

The Fox "News" interview was vintage Cheney. He referred to torture as “a robust interrogation program on detainees” that was vital “to the very existence of the nation.”

CHENEY: What the Obama administration is doing, in effect, is saying that we don’t need those tough policies that we had. That says, either they didn’t work, which we know is not the case—they did work, they kept us safe for seven years...

You have to see a Cheney performance in order to appreciate the effectiveness of Cheney propaganda. Unlike George W. Bush, who was inclined to trip over his own tongue, Cheney has perfected the quiet lie. His words may be false but he delivers them as facts so uncontroversial you’d think he was a local network anchor reporting on traffic conditions...

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The Case for 'Looking Forward' to the Impeachment of Jay S. Bybee...
By Ernest A. Canning on 4/22/2009 9:48am PT  

Guest Blogged by Ernest A. Canning

At the same time he took a step forward, releasing the four Justice Department torture memos he described as a "dark and painful chapter in our history," President Barack Obama assured CIA employees, who tortured under cover of these quasi-legal sophistries, they would not be prosecuted. The President said this was "a time for reflection, not retribution...nothing will be gained by spending our time and energy laying blame for the past." White House Press Secretary Robert Gibb explained that the President insisted on "looking forward." U.S. Attorney General Eric Holder not only seconded the President's promise not to prosecute, but vowed to provide legal counsel to defend these war criminals and to pay the damages awarded to their victims.

Great Britain's Times Online, quoting an unnamed former official, suggested there may be cases where the CIA exceeded the DOJ guidelines; perhaps even killed detainees. The President's hint at immunity does not extend to officials who exceeded the guidelines. Although the President, in his remarks, made no mention of those who ordered torture, White House Chief of Staff Rahm Emanuel told ABC's George Stephanopoulos last Sunday that the President did not believe "those who devised the policy" should "be prosecuted."

The President's promise not to prosecute generated a firestorm of protest from the legal community. Law Professor Jonathan Turley blasted the effort to equate law enforcement with "retribution."

He is trying to lay the ground work for principle when he is doing an unprincipled thing....President Obama himself has said that waterboarding is torture, and torture itself violates four treaties and is considered a war crime. So the refusal to allow it to be investigated is to obstruct a war crimes investigation.…There aren't any convenient or inconvenient times to investigate war crimes. You don't have a choice....You have an obligation to do it, and what I think the President is desperately trying to do is to sell this idea that somehow it's a principled thing not to investigate war crimes because its going to be painful…It will be politically unpopular because an investigation will go directly to the doorstep of President Bush…and there's not going to be a lot of defenses that can be raised for ordering a torture program.

Rep. Jan Schakowsky (D-IL) who serves on a House Intelligence Sub-Committee, added fuel to the firestorm by contrasting the President's advancement of the "I was only following orders" defense to the principles our nation applied at Nuremberg after WWII. Manfred Nowak, the UN special rapporteur on torture, said the President's refusal to prosecute violates the UN Convention Against Torture.

Before discussing the refreshing news that we have a President who, in the face of such a powerful critique, is not afraid to reverse course, let's consider what it means to "look forward" given that the principle author of these torture memos, Judge Jay S. Bybee, now sits on the 9th Circuit Court of Appeal, passing judgments on others. Absent incapacity or impeachment, there he will stay for the rest of his life...

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By Ernest A. Canning on 4/20/2009 9:51pm PT  

Guest blogged by Ernest A. Canning

Operating out of an undisclosed location, former Sen. Norm Coleman's attorney, Ben Ginsberg, announced that the Coleman legal team had filed a notice of appeal with the Minnesota Supreme Court, seeking to overturn the three-judge panel decision [PDF] declaring that Al "Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator and is entitled to receive the certificate of election."

Ginsberg asserted that the appeal was based on the same contentions made during the course of the election contest, especially as it relates to equal protection and an alleged disenfranchisement of some 4,400 Minnesota voters.

Franken attorney, Marc Elias, responded, noting that five of the six claims made by Coleman's appeal seek not to add additional votes but to delete votes already counted. Elias announced on TheUptake.org that he plans to file a motion on Tuesday with the MN Supreme Court asking that the court order expedited briefing, with Coleman's brief to be filed by Monday Apr. 27, and Franken's response on May 2.

There's not a whole lot new or unexpected yet here, for the moment, though a review of the political balance of the MN Supreme Court who will hear Coleman's appeal is probably worth a quick look, right about now...

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The MN Contest Court's air-tight, 68-page decision leaves no room for doubt: Franken won; But when will he be seated?
We take a look at his options...
By Ernest A. Canning on 4/16/2009 3:48pm PT  

Guest Blogged by Ernest A. Canning

“This long delay in the seating of Minnesota’s second U.S. Senator has come at a time when our state badly needs help from Washington. Since Election Day, Minnesota has lost 56,000 jobs. Since Election Day more than 9,000 Minnesota families have lost their homes to foreclosure.”
--Senator-elect Al Franken (D-MN), 4/13/09 statement

The Monday, April 13, 2009 decision [PDF] came as as no surprise, certainly not here at The BRAD BLOG where we concluded on Feb. 22, 2009 that former Sen. Norm Coleman’s legal challenge to the Jan. 5, 2009 bi-partisan MN state canvassing board's determination that Al Franken had won the U.S. Senate election was “dead in its tracks.”

Earlier this month, at a time when the mainstream media got it wrong, we accurately reported that the April 7, 2009 order [PDF] meant that the last of the lawfully cast votes had been counted; that Franken won, and; Coleman lost. We went on to predict that the three-judge panel would likely “provide a written explanation of its denial of any other relief…when it enters a final judgment…” We added: “But make no mistake. There are no more votes to be counted. 312 votes is the margin of victory for Al Franken over Norm Coleman.”

In fact, there were no more votes to be counted, as we reported, even as the bulk of the rest of the media hedged their bets. So with the votes all tallied determining that Franken was the victor, and Coleman lacking any legitimate legal recourse, what are Franken's legal and political options, and when might he finally take his rightful seat in the U.S. Senate?...

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With a 312 vote victory for the Democrat, and nothing left to count, the corporate media continue to misreport the facts of the U.S. Senate election in Minnesota...
By Ernest A. Canning on 4/9/2009 5:45pm PT  

Guest Blogged by Ernest A. Canning, with Brad Friedman

In his March 31st article at Media Matters, Eric Boehlert contrasted the difference in corporate media coverage between Florida's 2000 Presidential election contest and Minnesota's 2008 U.S. Senate election contest. "Norm Coleman's a sore loser," Boehlert argued, and asked "Why won't the press say so?"

He details the striking difference in the corporate media coverage of the two races, where Florida 2000 was both much closer and, as it would determine the Presidency of the United States, arguably more 'important' to get right, and yet the constant media framing continuously painted Al Gore as a "sore loser" for not bowing out 'gracefully' or 'admitting defeat' in the days following the razor-thin election (which, as we would learn later, Gore had actually won, having received more votes across the state of Florida [PDF] than George W. Bush, had the U.S. Supreme Court not kept the ballots from actually being counted).

But to go one further than Boehlert, we'd ask not why the media fail to describe Coleman as a "sore loser," but rather, why it is that --- particularly since Tuesday's final count of any remaining, lawfully cast, previously uncounted absentee ballots --- the media fail to describe Coleman as the loser at all, much less a sore one.

From the New York Times to AP to MSNBC, and even Democracy Now! et al, despite all countable ballots having now been counted, and clear rulings having been issued by both the MN Supreme Court and the bipartisan three-judge panel overseeing the contest, the media seem to have developed an aversion to using the "L" word --- loser --- in their coverage of the MN contest. Perhaps it's because they're listening to only one side of the argument (Coleman's), but the facts of the case, and the many clear court decisions, leave no question that Franken is the winner, and Coleman is the loser. So why won't they say so?...

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Tally concludes finding 312 vote victory for the Democrat, as the Republican contester prepares his final appeal(s)
But does the state's former Senator have a legal leg to stand on?...
By Ernest A. Canning on 4/7/2009 11:07am PT  

Guest Blogged by Ernest A. Canning

Author and former radio talk show host Al Franken, the Democratic challenger for the U.S. Senate seat in Minnesota, will be the state's next U.S. Senator, according to a final tally by the bi-partisan three-judge panel overseeing challenger Norm Coleman's election contest against him.

This morning in St. Paul, officials from the Minnesota Secretary of State's office, under the in-court direction of the three-judge Election Contest panel in the former Senator's contest against Franken, tallied all remaining lawfully cast absentee-ballots that were not previously opened and counted. This was done on camera, in open court. The attorneys from both sides, along with the media, were all present.

The final tally of the remaining ballots was 198 votes for Franken, 111 votes for Coleman and 42 votes for "other." When this is combined with the initial 225 vote lead, certified by the bi-partisan State Canvassing Board in December, it adds up to a 312 vote Franken victory, arrived at by both a transparent, post-election hand-count late last year, and the additional tallies added under the painstaking care exercised by the three-judge panel in Coleman's three-month long contest trial.

Al Franken has now won the U.S. Senate seat, but do Coleman's promised appeal(s) stand a chance of winning? And will the Democrats in the U.S. Senate now assume their Constitutional right to dutifully seat the Senator from Minnesota?...

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If waterboarding was a war crime when the Japanese did it to my father, why isn't it a war crime anymore?...
By Ernest A. Canning on 4/6/2009 9:39am PT  

Guest Blogged by Ernest A. Canning

In my previous piece, "Prosecute or Perish", here at The BRAD BLOG --- in which I argued that criminal investigations and, where appropriate, prosecutions of the Bush/Cheney cabal for war crimes was not merely mandated by our treaty obligations but vital to preserving our constitutional democracy and the rule of law --- I referenced an allegation by Seymour Hersh that the Bush regime had created a highly secretive "executive assassination ring" which reported only to Dick Cheney's office and which had "been going into countries, not talking to the ambassador or the CIA station chief, and finding people and executing them and leaving."

How can a nation that calls itself just convict the Japanese officers who waterboarded my father, yet refuse to so much as investigate high officials from our own government who authorized the same war crime and, as newly alleged, even much worse...

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Why the survival of our Constitutional Democracy may hinge on factually justified criminal prosecutions of the Bush/Cheney cabal...
[UPDATED: Spanish prosecutors file complaint calling for arrest of Bush 'torture attorneys']
By Ernest A. Canning on 3/25/2009 5:05am PT  

Guest Blogged by Ernest A. Canning

"It will remain one of democracy's best jokes that it provided its deadly enemies with the means by which it was destroyed." - Joseph Goebbels

* * *

Gradually, as the veil of secrecy lifts, a growing number of Americans are beginning to comprehend the lawlessness of the cabal which seized control of the White House in 2000 in what amounted to a judicially-aided coup d'etat.[i] This lawlessness extended across the board. It included the packing of federal agencies with lobbyists from industries they were designed to regulate, deception to take this nation into a war of choice, fraudulent no-bid contracts, torture, extraordinary rendition, warrantless NSA eavesdropping on the entire stream of domestic electronic communications, and, if Seymour Hersh's recent allegations are accurate, the creation of a highly secretive "executive assassination ring" which reported only to Dick Cheney's office and which had "been going into countries, not talking to the ambassador or the CIA station chief, and finding people and executing them and leaving."[ii]

The reaction of leading Democratic politicians to these unprecedented high crimes has been ambivalent, at best. Even before she assumed the role of Speaker, Nancy Pelosi announced that impeachment was "off-the-table," thereby enabling two more years of executive lawlessness, not to mention the nation's economic demise. Pelosi evaded so much as mentioning their high crimes until February 2009. President Obama acknowledged that "no one is above the law," but added that the focus of his administration is to look forward, not back.

There are fundamental deficiencies in the President's formulation. First, it is impossible to observe the rule of law without looking back. It would make no sense, for example, for a man charged with armed robbery to come before a judge and say, "Well, the robbery was in the past. You've got to look forward. I have every intention of abiding by the law in the future. So why prosecute me?" Second, looking forward does not mean handling current events at the expense of the rule of law. The point is to look far enough into the future to appreciate that the same people who brought us the last eight years of executive lawlessness could one day return to power...

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As the long slog continues, a legal analysis finds the Republican former Senator's case still 'dead in its tracks'...
By Ernest A. Canning on 3/9/2009 12:12pm PT  

Guest Blogged by Ernest A. Canning

Last Friday, Al Franken's legal team argued a motion for the court to summarily dismiss former Republican Sen. Norm Coleman's U.S. Senate election contest in Minnesota.

In support of the motion to dismiss, Franken attorney Marc Elias argued that Coleman had filed a "scattershot petition"; that in five weeks Coleman called more than 50 witnesses, placed in evidence thousands of pages of material, yet proved little more than a handful of previously-rejected absentee ballots should be opened and counted.

Moreover, Elias noted that eight of Coleman's original claims had been abandoned, pointed out that the court had previously ruled the parties had a burden of proving, on an individualized basis, that any previously-rejected, uncounted absentee ballots were lawfully cast, and thus, should now be counted.

Elias argued that while Franken was certified by the state canvassing board, at the end of the painstaking post-election hand-count, to have received 225 more votes than Coleman, the Coleman team, he said, had presented individualized evidence with respect to no more than nine (9) absentee ballots. Though, in the case of ballots cast by voters who did not appear to be registered, Elias conceded the Secretary of State had indicated, there may be as many as 100 ballots in which missing registration forms might be found inside the absentee ballot secrecy envelopes.

Elias argued that while trial courts ordinarily prefer to defer a ruling on a motion to dismiss until after both sides present their case, the expeditious nature of the proceedings and exigencies warrant an immediate dismissal, even before his team's own case is concluded...

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Sanctions are now warranted against the former Republican Senator, according to the legal analysis of a veteran attorney and political science scholar...
By Ernest A. Canning on 2/22/2009 2:05pm PT  

Guest Editorial by Ernest A. Canning

I am a California attorney. After 31 years of practice, I find myself in the enviable position of semi-retirement. As my practice winds down, I have had the luxury to follow the Coleman election challenge closely, both reading court filings and watching a good deal of the proceedings. I consider The BRAD BLOG the most extensive and thorough source of the dangers of E-voting. I felt, however, it would be useful to provide a legal analysis of the present state of the Coleman challenge.

Brad Friedman's described the latest effort by team Coleman to challenge absentee ballots it had previously agreed were properly opened and counted, as a "flip-flop,". While accurate, the term does not begin describe the deep legal dilemma now faced by Norm Coleman's attorneys in the U.S. Senate election contest in Minnesota...

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