Guest editorial by Ernest A. Canning

While both phenomena --- Occupy Wall Street and the "Tea Party" --- have emerged at a time of acute economic distress and a sense of alienation, disenchantment and betrayal brought on by an increasingly authoritarian corporate capitalism, they are as different as night is to day.

Occupy Wall Street is a genuine, organic, knowledge-driven democratic uprising. Its source, as perceptively described by Ben Manski, Executive Director of the Liberty Tree Foundation, is to be found in a profound "contradiction." "The promise of the Unites States is democracy," he writes, yet "The reality is that corporate elites rule."

The American "promise" is embodied in the lofty, egalitarian principles of the Declaration of Independence, in the recognition provided by the U.S. Constitution that the purpose of government is to "promote the general welfare," and in the concept inscribed above the portico of the U.S. Supreme Court --- "EQUAL JUSTICE UNDER LAW." The "reality," as noted by former New York Times reporter, Chris Hedges, is that political power in the U.S. has been seized by a "criminal class" of rapacious oligarchs, whose radical goal is not merely the ability to carry out their criminal pillage of the economy and the environment with impunity, but the decimation of "all impediments to the creation of a neo-feudalistic corporate state."

The goal of Occupy Wall Street, Manski observes, is "to make the promise the new reality." It is, in that sense, a broader movement than both the civil rights and anti-war movements of the 1960s, for it is not limited to a rejection of Jim Crow and imperial conquest, but a total rejection of the authoritarian corporate security state that the rapacious oligarchs have erected.

Like the occupiers, the indoctrinated followers of the "Tea Party" are experiencing a profound sense of fear, alienation and betrayal. But what the latter do not realize is that theirs is a misdirected anger --- the product of an Orwellian manipulation by the same reactionary billionaires (aka "economic royalists" per FDR) who, in reality, are the source of their economic insecurity and political oppression.

But, before exploring the Orwellian manipulations of billionaire sociopaths, let's examine the underlying political and economic conditions that have given rise to Occupy Wall Street...

Guest blogged by Ernest A. Canning

Los Angeles is no New York City. Following a torrential down pour on Wednesday, L.A. Mayor Antonio Villaraigosa sent a hundred rain ponchos over to those who had been encamped outside of L.A. City Hall since last weekend, as the core of the Occupy Los Angeles movement.

Later that same day, the Los Angeles City Council filed an extraordinary Resolution [PDF] in support of the L.A. "occupiers" and of the larger "Occupy Wall Street" movement as a whole.

The resolution, to be adopted "with the concurrence of the Mayor" (and supported by the L.A. County Federation of Labor), comes very close to a formal governmental endorsement of "Occupy Wall Street," a movement which Michael Moore describes plainly enough as "an uprising of people who have had it."

Amongst the powerful WHEREAS statements in support of the L.A. City Council Resolution, adopted "with the concurrence of the Mayor," was a recognition that "corporations hold undue influence and power;" that wealth disparity in the U.S. is greater than many of the nations in the Middle East that have been racked by "violent revolutionary protests;" that "our economic system" is "broken," creating an "economic crisis" that is "eroding the very social contract upon which the Constitution of the United States of America was founded"...

Guest blogged by Ernest A. Canning

"What is a vote worth?" Venango County, PA's Election Board Chairman Craig Adams, a Republican, asked last week. "If the vote is counted it is priceless. If it is not counted, I don't care what it costs. Let's get a right."

"After months of legal wrangling," Marybeth Kuznik of the non-partisan Election Integrity advocacy group VotePA told The BRAD BLOG last week, Venango County's landmark independent forensic examination of the notoriously unreliable and 100% unverifiable ES&S iVotronic Direct Recording Electronic (DRE, most often touch-screen) e-voting system finally got under way.

Kuznik explained that the study comes in the wake of the heavily Republican-leaning county having experienced "numerous reports of vote-flipping, candidates missing from screens, write-ins missing, and high undervote rates in their May 17 Primary." Some candidates on the ballots even were reported by the voting machines to have received zero votes...

Guest blogged by Ernest A. Canning

Perhaps the only positive thing one can say about GOP voter suppression is that it is relentless.

In 2008 the ME Legislature killed a Republican-backed bill designed to prohibit out-of-state college students from voting in the communities in which their schools were located. The state's Democratic Attorney General Steven Rowe said at the time, that the proposal was unconstitutional under the 1979 ruling in Symm vs. United States, establishing the right of college students to treat their dorms as their residence for voting purposes.

This year, on July 25th, the clueless ME GOP Chairman Charlie Webster asked Maine's Republican Sec. of State Charles E. Summers, Jr. to investigate 206 out-of-state college students whom he believed committed "voter fraud" because they registered and voted in the Pine Tree State.

Summers, after a two month investigation, was forced to admit that every one of the students was lawfully registered to vote in ME; that there was no evidence that any one of them committed voter fraud.

But why let a little thing like the absence of evidence of any crime get in the way of dissuading college students from exercising their right to vote? That's exactly what Summers decided to do...

Guest blogged by Ernest A. Canning

Since taking power in statehouses across the nation in 2010, Republicans have been feverishly implementing new restrictions on democracy in advance of the 2012 Presidential election. A number of those laws, clearly --- and often deceptively --- designed to carve out blatant partisan advantage for the GOP next year, were examined during a recent hearing by the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. The video of the hearing on "New State Voting Laws: Barriers to the Ballot" can be viewed here.

This is the second of our two-part analysis of the hearing.

In Part 1, we covered the subcommittee's examination of new polling place photo ID restrictions designed to make it more difficult for lawfully registered (and disproportionately Democratic-leaning) voters to cast their ballots at the precincts on Election Day. That issue --- which included some devastating cross-examination of long-time GOP "voter fraud" front-man Hans Von Spakovsky by Sen. Al Franken (D-MN) --- was the first of three categories, as defined by committee chair Sen. Dick Durbin (D-IL) of new state voting laws covered in the hearings. All of the new voter suppression laws have been recently rammed through Republican-majority statehouses across the country.

In this concluding piece, we will cover the two additional categories examined: laws erecting barriers to the ability of individuals and non-partisan, non-governmental organizations to offer convenient registration for new voters and laws imposing significant reductions on early voting periods. Both are likely to restrict the number of voters able to cast their lawful vote in 2012 and, again, each is likely to disproportionately affect Democratic-leaning voters.

Finally, We'll also touch upon the status of legal challenges to these new laws by democracy proponents and challenges to the Voting Rights Act itself by operatives on the Right. Moreover, it's impossible to look at any of these issues without drawing inferences about what the combination of new laws in all three categories means, particularly in light of the fact that the models for these new laws were drafted by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)...

Guest blogged by Ernest A. Canning

A nearly two-hour hearing in the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights earlier this month (full video available here), carefully examined the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP effort to enact new state voting laws across the country.

The coordinated, nationwide GOP voter suppression effort was aptly described by Judith Browne Dianis, a civil rights litigator at The Advancement Project, and a witness in the second three-member panel, as "the largest legislative effort to roll back voting rights since the post-Reconstruction era."

"Our country has not seen such widespread attempts to disenfranchise voters as we have seen this year in more than a century. Inclusive democracy is under attack," she testified, while Sen. Sherrod Brown (D-OH) described the "brazen" GOP attempts to undermine the right to vote.

Subcommittee Chair and Senate Majority Whip, Dick Durbin (D-IL) broke the new state voting laws into three major categories, and the discussions of each are worth covering here over two different articles. In Part 1 here, we'll cover the first category: Polling place Photo ID laws restricting the ability of lawfully registered voters to cast their ballot on Election Day. The hearing produced several remarkable face-offs, including between Sen. Al Franken (D-MN) and long-time GOP "voter fraud" front man Hans von Spakovsky (cue James Bond villain music), as detailed below.

In Part 2, we will cover the discussion of the other two categories at the hearing --- draconian new restrictions on voter registration, and laws which significantly reduce early voting periods --- plus a very troubling event that "reactionaries" have planned for the 2012 election, according to Dianis' testimony [UPDATE: Part 2 is now posted here]...

Guest blogged by Ernest A. Canning

"One of the great questions of our time is whether the American people, through Congress, will control the greed, recklessness and illegal behavior on Wall Street, or whether Wall Street will continue to wreak havoc on our economy and the lives of working families."
– Sen. Bernie Sanders (I-VT) 9/16/11

Sanders' question is indeed one of the "great" ones for our time. But, as Yoda said, "there is another."

If there was ever a candidate perfectly suited to expose the lie that is to be found in the pseudo-populism of the mega-billionaire Koch brothers funded and controlled 'Tea Party' that helped Scott Brown (R-MA) secure a reported upset win in the 2010 special election to fill the U.S. Senate seat vacated by the death of the late Edward "Ted" Kennedy (D-MA), it would be Elizabeth Warren, a Democrat.

The brilliant, straight-talking Harvard Law Professor and special adviser appointed by President Barack Obama to oversee the development of a new Consumer Financial Protection Bureau (CFPB), whose interview with Michael Moore for Capitalism: A Love Story (see video below) established her to be the same thorn in the side of Wall Street's financial "products" that Ralph Nader was to GM when he exposed the Corvair in Unsafe at Any Speed, announced last week that she is a 2012 candidate for the U.S. Senate seat now occupied by a GOP Senator who has turned to Wall Street, in a big way, for financial support.

There is little question but that Warren's brilliance, eloquence, and sincerity will come into play during the ensuing campaign. But while Warren plants her flag in the fight for oversight, transparency, and accountability for our financial system, will she (and other candidates) come to understand the importance of oversight, transparency, and accountability for our electoral system before it's too late? Before yet another election --- like the one which brought Brown to the Senate in the first place --- is decided under a cloud of unverified results reported by easily-hacked, oft-failed, optical-scan voting systems such as those made by Diebold and programmed by a company with a criminal background in the great commonwealth of Massachusetts?...

Guest blogged by Ernest A. Canning

It's bad enough that CNN surrendered what little credibility it had as a "news" organization by adopting the name and sponsorship of a mega-billionaire Koch Brothers' funded and controlled, pseudo-grass-roots organization to partner with on Monday's GOP Presidential debate in California.

Now, in the midst of this Los Angeles Times front-page headline, U.S. poverty totals hit a 50-year high, comes the loud “yes” (several, actually) from the audience at the CNN 'Tea Party' debate, applauding the prospect of simply letting those who can’t afford healthcare insurance die...

Guest blogged by Ernest A. Canning
(With additional reporting and snark by Brad Friedman)

Maine's GOP Chairman, Charlie Webster, displayed a remarkable level of ignorance about the right of college students to register and vote in the Pine Tree State during a recent appearance on local radio, weeks after virtually everyone in the state has been trying to explain to him that he is off his nut.

Earlier this summer, Webster raised eyebrows (and more than a few laughs) when he brought the names of some 200 out-of-state college students to the ME Secretary of State, seeking an investigation for "voter fraud."

"I am convinced that my research proves that [voter] fraud is a problem, and I’ve only found the tip of the iceberg," Webster said during a press conference at the State House at the time, though he shared no evidence of any of the students having voted twice, or otherwise having illegally registered.

Webster's "research" began after a petition effort was launched seeking a "voter veto" ballot initiative to reverse a law recently passed by the Republican-led state legislature ending the state's 38-year-old practice of allowing for same-day voter registration. The new Maine law is just one of many new voter suppression efforts enacted by the GOP under the wholly unsupported guise of combating "voter fraud" in states across the nation over the past several months since the GOP took over many statehouses in the 2010 election.

The state's GOP chair has apparently never heard the old axiom about once you're in a hole, stop digging...

Guest blogged by Ernest A. Canning

However historically inaccurate the phrase may have been, the idea that Emperor Nero fiddled while Rome burned seems apropos the appearance of a David G. Savage fawning Clarence Thomas puff piece on the front page of the Sunday, July 3 edition of Los Angeles Times.

On March 7, as part of our coverage of a Daily Beast article, in which Univ. of Colorado Law Professor Paul Campos called for Thomas to be thrown off the bench, we noted:

In a March 6 Los Angeles Times op-ed, George Washington Law School Prof. Jonathan Turley found allegations that Virginia Thomas received monies from the groups that had a direct interest in the outcome of Citizens United to be "particularly alarming." He went on to compare Thomas' cynical effort to equate criticism of his ethical lapses with an attack on the integrity of the Court to Louis XIV's infamous view that there was no distinction between himself and the state.

Yet, on July 3, Los Angeles Times gave page-one coverage to Savage's uncritical piece that begins with a self-serving description in which Thomas seeks to portray his radical and, at times, outright bizarre legal positions, such as his stand-alone position that prisoners have no constitutional right to be protected from beatings by their guards, as simply a reflection of a rugged individualist who is not afraid to be a minority of one when he thinks he is right.

During Thomas' contentious Senate Judiciary Committee Confirmation Hearings in 1991, the late Sen. Edward "Ted" Kennedy (D-MA) took a very different view as he likened the Thomas nomination to a game of "Russian roulette":

The firestorm of controversy surrounding questions about Thomas' conflicts of interest, severe ethical lapses, and possible crimes has momentarily slowed a bit over the past month of Congressional (almost) recess and the usual D.C. media "summer vacation." But the list of reputable individuals and organizations calling for the embattled Associate Supreme Court Justice to be investigated by the U.S. Dept. of Justice, removed from office, and possibly prosecuted is likely to grow again once politics as usual resumes following the Labor Day holiday, according to The BRAD BLOG's discussions with a number of those individuals and organizations.

In the meantime, the question remains as to why Los Angeles Times saw fit not only to publish a ridiculous puff piece on Thomas as the firestorm was still cresting in July, failing to so much as reference these serious issues, but why they even found it necessary to elevate such a softball article to their front page.

Before reaching that, however, let's again examine the real issues...

Guest editorial by Ernest A. Canning

While Brad Friedman recently exposed Matthew Vadum to be but the latest in a long line of fraudulent right-wing propagandists who flat-out lie about "voter fraud" as part of the billionaire-funded assault on the right of the those who would be inclined to vote against the GOP, no one could have done more to demolish Vadum's credibility than Matthew Vadum.

"Why are left-wing activist groups so keen on registering the poor to vote?," asks Vadum in the latest of his series of wingnut welfare op-eds/commercials for his laughable new anti-ACORN book:

In claiming that the poor are but a "burden" on society and that registering the poor to vote is "like handing out burglary tools to criminals," who seek "to help themselves to others money," Vadum not only advanced long-discredited hard-right ideological beliefs but revealed the abhorrence that the billionaire class and its paid-for propagandists have for democracy, itself...

Guest blogged by Ernest A. Canning

In an Aug. 29, 2011 letter, T. Christian Herren, Jr., Chief of the Obama DOJ's Civil Rights Division, not only demanded that South Carolina, within 60 days, provide additional information about its recently enacted polling place photo ID restriction law, but stated that if SC failed to provide a timely "response...the [U.S.] Attorney General may object to the proposed changes consistent with the burden of proof placed upon the submitting authority."

Herren noted that SC has the "burden of demonstrating" that the new polling place photo ID law was neither enacted "for a discriminatory purpose nor will have a retrogressive effect."

SC's Republican Attorney General, Alan Wilson, in an apparent recognition that pre-clearance is likely to be denied, told those in attendance at a GOP fundraiser that he had "no faith" that the DOJ "will do the right thing." He vowed to litigate the matter "up to the U.S. Supreme Court if necessary."

As The BRAD BLOG previously reported, on Aug. 5 the ACLU submitted a 15-page letter to the U.S. Department of Justice (DOJ) seeking a denial of pre-clearance under Section 5 of the Voting Rights Act of South Carolina’s polling place photo ID restriction law. The letter argues that proponents’ unsubstantiated claims of "voter fraud" were but a pretext for unlawful discrimination and that statistics suggest that the new law would operate as an illegal poll tax, especially for the disproportionate number of African Americans who live below the federal poverty level in the state.

Last Friday, SC's Senate Democrats weighed in as well, asking the DOJ to deny pre-clearance for what they contend is the nation's harshest polling place ID restrictions, which could potentially disenfranchise, for example, someone whose driver's license has been suspended.

While denial of pre-clearance due to the retrogressive effect of photo ID restrictions in SC would be a positive step, it will not serve to protect democracy and the sanctity of the vote in other jurisdictions not subject to pre-clearance under the Voting Rights Act of 1965.

As described by John Nichols in The Nation (see video below), and again by Ari Berman in Rolling Stone --- as we detailed yesterday --- state-after-state across the nation has come under a well-coordinated assault by the corporate-funded American Legislative Exchange Council (ALEC) and GOP legislators bent on rigging electoral outcome as part of their war on the middle class...

Guest blogged by Ernest A. Canning

Noting that someone earning $106,000 a year contributes the same amount as a billionaire, Sen. Bernie Sanders (I-VT) announced his intention to introduce the "Keeping Social Security Promises Act."

The legislation, modeled after a promise President Obama made during his 2008 campaign, would attach the Social Security payroll tax to all incomes over $250,000.

Sanders cited the Chief Actuary of the Social Security Administration, who said that the move would "ensure that Social Security can pay out all benefits for at least the next 75 years."

Receiving a standing ovation from some 3,000 labor leaders at last week's Las Vegas United Steelworkers Convention (see video below), Sanders blasted both Republicans and those Democrats who've called for cuts to Social Security. He noted that as Social Security is funded by the payroll tax and not the U.S. Treasury, it "has not contributed one nickle to the deficit."

"In fact," said Sanders, "according to...the Congressional Budget Office, Social Security has a $2.6 trillion surplus."

"When [Social Security] was developed, 50% of seniors lived in poverty," explained Sanders. "Today…that number is 10%. Social Security has done exactly what it was designed to do….For 75 years…Social Security has paid out every nickel owed to every eligible American."

The Senator went on to tell the union workers in Vegas that he'd "be damned if they're going to cut Social Security."

Video of Sen. Sanders' speech at the United Steelworkers convention follows...

Guest editorial by Ernest A. Canning

The League of Women Voters in Wisconsin announced it will file a lawsuit in Dane County Circuit Court charging that the Badger State's newly-enacted polling place photo ID restriction law violates the state's Constitution.

From a strictly legal perspective, the decision by the League's attorney Lester Pines to challenge the new photo ID law pursuant to the state's Constitution is significant.

Under Equal Protection analysis, any impartial jurist would readily understand that the statute does not meet the heightened scrutiny that accompanies the fact that, under the WI Constitution, voting is deemed a "fundamental right."

While certain exclusions are allowed in the Constitution, such as laws which exclude felons or those whom the state deems "mentally incompetent," the language explicitly notes that "every United States citizen age 18 or older who is a resident" of Wisconsin may cast a vote.

But therein lies the rub. Absent the removal of Justice David Prosser in connection with the allegations that he choked Justice Ann Walsh-Bradley, as is currently being investigated by a special prosecutor, the League's constitutional challenge will run smack dab into a WI Supreme Court that sports a 4-3 majority of partisan ideologues in robes...

Guest blogged by Ernest A. Canning

Yesterday, The Post & Courier of Charleston, South Carolina reported that a local "Council of Governments [COG] approved a resolution...asking for the state to audit how its voting machines are working."

The "machines" are the 100% unverifiable ES&S iVotronic touch-screen Direct Recording Electronic (DRE) voting systems.

The Post & Courier not only mentions the fact that state election officials insist that the "iVotronic machines reliably tally votes," but buys into the canard that "increased skepticism" is based upon [emphasis added] "human errors made during last year's elections." It adds that the COG resolution expressed "a concern [that the] voting machines...do not incorporate a 'paper trail' that could facilitate unequivocal confirmation of election results."

If there is any state in the nation that should realize that casting a vote on the ES&S iVotronic amounts to an exercise in blind-faith, with or without a so-called "Voter-Verifiable Paper Audit Trail" (VVPAT), it would be South Carolina...