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Latest Featured Reports | Monday, October 20, 2014
Congresswoman Sets Impeachment Deadline for Judge Mark Fuller
ALSO: Court unseals divorce docs from first marriage, Fuller attorney dismisses abuse allegations as 'rhetorical questions'...
SCOTUS ALLOWS TEXAS' DISCRIMINATORY GOP PHOTO ID LAW TO USED IN MIDTERMS
Despite uncontested findings striking down the law as a racially-motivated, 'unconstitutional poll tax', it will be implemented this year...
'Dead Heat' and 'Dirty Tricks': The Nightmare Scenario
Maddow warns: 'With this many top of ticket races tied, turnout will be everything...Now we watch for the ways that people will try to stop voters from turning out or from having their votes counted, by hook or by crook'...
Judge Fuller's Attorney Says Wife Beating Thing No Big Deal; 911 AUDIO and Gov. Don Siegelman Disagree
Standalone video of 911 call; First comment on case by imprisoned former AL Gov.; MORE...
Emergency Appeals Filed at SCOTUS to Restore Voting Rights to 600,000 in TX
GOP Photo ID law, which lower court found intentionally discriminatory, is different from recent cases before High Court, say plaintiffs...
'Green News Report' 10/16/14
  w/ Brad & Desi
Ryan backs away (sort of) from climate change denial; NatGas isn't a bridge to lower-emissions; PLUS: Did Lockheed-Martin really invent a compact nuclear fusion reactor?...
Previous GNRs: 10/14/14 - 10/9/14 - Archives...
Bloomberg on BRAD BLOG on Judge Richard Posner on Photo ID Voting Laws...
'By the sounds of it, the floor that supported voter-ID laws has just given way'...
'BradCast': Special Coverage of WI, TX, AR Photo ID Rulings
Trouble keeping up with the on-again/off-again court rulings on GOP voter suppression laws? Brad tries to make sense of it all for ya...
WTF?!: FL Gov. Rick Scott Refuses To Appear at Debate With Gov. Charlie Crist
Watch the video. They're calling it 'FanGate'. We're just calling it Florida...
Arkansas Supreme Court Strikes Down State GOP's Photo ID Voting Law
Court determines law, passed over Dem Governor's veto, violates explicit right to vote in state Constitution...
5th Circuit Appeals Panel Restores Texas GOP's 'Discriminatory' Photo ID Law
While not contesting lower court's finding of law's unconstitutionality, judges cite SCOTUS precedent on last minute voting changes...
'Green News Report' 10/14/14
  w/ Brad & Desi
Coal wins U.S. Senate debate in KY!; Pentagon: climate change threat to NatSec; Wind power cheapest source of energy; PLUS: September 2014 was hottest ever...
Previous GNRs: 10/9/14 - 10/7/14 - Archives...
Strange But True: Minority Ruled in WI Photo ID Case
A bizarre sidebar to the federal court's ruling in WI, thanks to a quirk in the law and Dems' inability to fill a vacant seat on the 7th Circuit...
Repub Judge Who Approved Nation's 1st Photo ID Law in 2008 Writes Devastating Dissent Against Them
Reagan-appointed Richard Posner pens best case ever against Photo ID voting restrictions...
Liar, Liar: Father and Son Reps Duncan Hunter Just Make Shit Up
Son claims ISIS agents nabbed at Mexican border! Father, as BRAD BLOG reported in 2007, said non-citizens 'rounded up' and 'herded' to vote in CA!...
SCOTUS BLOCKS WI PHOTO ID VOTING LAW
Bad news for GOP and Gov. Scott Walker, good news for voters, as U.S. Supreme Court restores demoracy at last minute to the Badger State...
FEDERAL JUDGE STRIKES DOWN TX GOP'S 'UNCONSTITUTIONAL, DISCRIMINATORY' PHOTO ID VOTING LAW
U.S. District Court judge permanently enjoins GOP law, finds it discriminates, amounts to a poll tax...
ACLU on 'Photo ID Needed to Fly' Canard
They nailed federal Judge Easterbrook's lies about WI's Photo ID voting restriction much more succinctly than we did: 'Wrong, wrong, wrong, wrong, and wrong again'...
'Green News Report' 10/9/14
McConnell & other GOP candidates dodge and retreat from climate denial; U.S. auto fleet achieves record fuel efficiency; PLUS: 'Clean Coal' in Canada?...
Non-KPFK 'BradCast': Special Election Coverage/Primal Scream Edition
This year's elections may be decided by the courts even before Election Day: A BradCast special...
SCOTUS Overturns 4th Circ, Allows NC to End Same-Day Registration, Counting of 'Wrong Precinct' Ballots
100s already disenfranchised; Nation's worst suppression law to have full trial next year...
GAO: Republican Photo ID Voting Restriction Laws Lowered Turnout in KS, TN
Dems tout non-partisan government report to underscore need to fix Voting Rights Act, but there's more to story they aren't mentioning...
Federal Court Tosses VA's Ridiculously Gerrymandered Congressional Map
Ruling by GW Bush appointee is too late for 2014 election, but redrawn map could result in 2 to 3 new Dem U.S. House seats in 2016...
'Green News Report' 10/7/14
LED inventors win Nobel Prize; EPA regs slashed cancer risk 65% in CA; L.A. builds all-electric highway; PLUS: SCOTUS upholds (GW Bush's) EPA ozone regulations...
7th Circuit Offers Blatant FALSEHOODS in Ruling on WI Photo ID Voting Law
No, Photo ID is NOT required for boarding an airplane, no matter how many times wingnuts make the claim to influence a SCOTUS ruling...
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...


PLUS: Seth Meyers rips GOP Presidential hopefuls and Donald Trump...who was not amused...
By Brad Friedman on 5/1/2011 10:50am PT  

Whatever you may think about this President, he knows how to tell a pretty good joke, especially at his own expense. He delivered again last night --- along with showing some pretty funny 'birther' videos --- at this year's White House Correspondents' Dinner (or "Nerd Prom", as it's also known, though mostly only among those uninvited in the blogosphere)...

Perhaps of most note among the jokes Obama told at the expense of his potential 2012 GOP Presidential rivals, was the lack of any reference to the once-famous Sarah Palin (who was also in attendance last night.)

Similarly, in the headline set by Saturday Night Live's Seth Meyers following the President's remarks, jokes about Palin were also conspicuous by their absence. On the other hand, jokes at the expense of Donald Trump, who was in the audience as well, were plentiful in both speeches, and particularly pointed during Meyers' routine. As RAW STORY's David Ferguson observed, The Donald seemed particularly unamused during Meyers' slams, though his "grim, frozen scowl throughout just adds to the viewing pleasure."

The video of Meyers headline remarks follows below...

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

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By Brad Friedman on 3/9/2011 1:43pm PT  

Still on the road and still a bit under the weather, so here's some very quick hits for now...

Naturally Premature Resigners: NPR CEO Vivian Schiller has resigned following the resignation of chief fund raiser Ron Schiller (no relation) after the latter Schiller was featured in a secretly video-taped attempted hit piece with two of convicted criminal and Republican con-man James O'Keefe's flunkies performing as members of a Muslim foundation. Having watched the edited version of the video tape, I have no clue as to why anybody at NPR has resigned. (Sidenote: Imagine if even half of the RWers who committed actual crimes, real ones that actually hurt and/or killed people, resigned in shame as fast as non-RWers resign in shame after having committed absolutely no crime at all.)

Pro-Life in IL: Gov. Pat Ryan (D) signs a bill banning the death penalty in the state. It is the 16th to do so. Prisoners previously on death row have had their sentences commuted to life without the possibility of parole. Welcome to the civilized world, Illinois!

GOP War on Voting in FL: Gov. Rick Scott (R)'s executive clemency board pulled a fast one by changing the rules for re-enfranchising former felons after former Gov. Charlie Crist (R) had previously restored their voting rights. "The board did not release the proposed rule changes to the public until moments before the meeting began and limited public testimony to two-minutes per person for a total of 30 minutes before unanimously approving the changes," reports Palm Beach Post. "Civil rights advocates, including five black lawmakers, objected to the rule changes, saying there is no evidence the current process ... is not working." Leon County Supervisor of Election, and election integrity hero Ion Sancho says the board is turning back the clock to FL's post Civil War era with restrictions "whose sole purpose was to ensure that the former slaves of this state could never reintegrate into the society."

GOP War on Voting Nationwide: ThinkProgress details GOP efforts in 22 states around the nation to impose new polling place Photo ID restrictions likely to disenfranchise millions of elderly, minority and student (read: Democratic-leaning) voters. That, even though there is no "voter fraud epidemic" in this country, or any state in the union, at least not among Democrats. Republican voter fraud, however, as we noted late last week, when IN's new GOP Sec. of State was indicted on 3 counts of felony voter fraud, is a different matter all together.

2012: Newt Gingrich says he cheated on his wife because he loves his country so much. Or something. Sarah Palin won't be in the first GOP Presidential Debate at the Reagan Library (which reminds me that she's only ever been in one national debate, and that was with just one person, Joe Biden. I have a feeling she'll not want to participate in any "real" debates with a bunch of other folks, and therefore, while I don't make predictions, I'll predict she will not be running for President.)

In Memoriam: David Broder, WaPo's "Dean of the Washington Press Corps," died today at the age of 81. The death of the Washington Press Corp itself, however, has yet to be officially reported, even as its passing occurred quietly years ago without public notice.

Discuss.

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U.S. favors President over Congressional Repubs, all potential 2012 candidates...
By Brad Friedman on 1/29/2011 2:03pm PT  

Via TPM who asks, "What 'Shellacking'?"...

Obama is doing so well lately that, despite the midterm shellacking and the notion that it was a referendum on the President, Americans would rather see the country go in the direction Obama wants than in the direction Congressional Republicans want. An ABC/Washington Post poll found that Americans wanted to see Obama rather than Republicans take the lead by a 44% to 35% split. That finding was supported by a PPP poll in which 48% of respondents said they had more faith in Obama to lead the nation, versus 44% who said they were more confident in Republicans.

That PPP poll had other great news for the President, as it showed him improving his lead on several frontrunners for the GOP presidential nomination in hypothetical 2012 matchups. In December, Obama led Mitt Romney by just one point nationally, though he now leads by five points, 48% to 43%. His lead on Mike Huckabee grew from three to five points over the same period, while he pulled away from Palin to lead that contest by 17 points, 55% to 38%.

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/18/2011 1:21pm PT  


TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: The sun also rises --- two days earlier?!?! (in Greenland); Carbon capture project may be failing in Canada; Obama orders overhaul of regulations to help U.S. businesses ... PLUS: Eisenhower's other prescient warning, 50 years ago this week ... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Scientists warn of a future "superstorm" in CA; Obama to discuss clean energy with Chinese premier's visit?; "Managed retreat" for California coastal town; ABC Reports On Fossil-Fueled Climate Catastrophes; Arch Coal refused plan to reduce mining impact; Canada bans toxic BPA in kids' toys; Experts warn of looming global food crisis; Toxic parking lots! ... PLUS: Surprise! Opponents of 'fracking' disclosure take big money from industry ....

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

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The fine line between advocacy and incitement...
By Ernest A. Canning on 1/15/2011 9:33am PT  

[Update 4:26pm PT: Related to the story below, one of the victims of the Tucson shooting has just been arrested for issuing a threat against Rightwingers at a taping for an ABC News special. It seems incitements by some are taken more seriously than incitements by others. Story here... -BF]

* * *

Guest blogged by Ernest A. Canning

"I find it chilling to hear so many U.S. government officials calling for the leader of this organization, Julian Assange, to be labeled an 'enemy combatant' and jailed --- or worse."-Letter from Rep. Ron Paul (R-TX) to Tom Hayden

Recently, a number of prominent politicians and pundits have called for the violent targeting of other individuals who have been neither accused nor charged with any crimes whatsoever, calling into the question the legality of such incitements to violence.

This article will transcend the issue of "moral responsibility" on the part of those politicians and pundits for the horrific consequences that may, and often do, ensue as the result of their deliberate appeals to fear, prejudice and hate so as to examine when such rhetoric actually amounts to an actual crime under the laws of our land.

There can be little doubt that, as observed by Pima County Sheriff Clarence Dupnik, the combination of 24/7 "vitriolic rhetoric" on TV and radio (See video below for poignant examples of such rhetoric), the absence of gun control, with leading U.S. politicians calling for "Second Amendment remedies," and the placement of "crosshairs" over a political opponent's district while calling on citizens to "reload," can produce lethal consequences --- consequences that are not limited to the actions of the deranged.

Such rhetoric is both the product and cause of dehumanization --- a process defined by Professor Phillip Zimbardo in The Lucifer Effect as a means "by which certain other people or collectives of them are depicted as less than human..."

Zimbardo writes:

The process begins with stereotyped conceptions of the other,...conceptions of the other as worthless, the other as all-powerful,…the other as a fundamental threat to our cherished values and beliefs. With public fear notched up and enemy threat imminent, reasonable people act irrationally, independent people act in mindless conformity, and peaceful people act as warriors. Dramatic visual images of the enemy on posters, television, magazine covers, movies, and the internet imprint on the recesses of the limbic system, the primitive brain, with the powerful emotions of fear and hate.

Where we covered the scientific work of Zimbardo and others in "Hate Speech and the Process of Dehumanization," and in a follow-up, demonstrating how the process applies both when directed to foreign "threats" and domestic "foes," here the focus is the thin legal line, unique to the U.S. courtesy of the First Amendment, between advocacy and incitement, and whether some U.S. politicians and pundits may have, at least in the case of WikiLeaks and Julian Assange as they have now charged, crossed that line so as to possibly warrant criminal prosecutions...

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

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Says organization 'target of unprecedented violent rhetoric'...
By Brad Friedman on 1/10/2011 9:30pm PT  

Late this evening, via an announcement linked from Twitter, the whistleblower media organization WikiLeaks released a statement related to the Saturday attack in Tucson on Rep. Gabrielle Giffords (D-AZ) and 19 others.

The press release condemns "violent rhetoric by US prominent media personalities, including Sarah Palin" and urges that incitement of violence, including against their organization and its founder Julian Assange, be agressively prosecuted by U.S. officials.

Serving as spokesman for the organization, Assange --- who has personally been the target of a great deal of inflammatory rhetoric and violent threats by a number of prominent politicians including not only Palin, but even Vice President Joe Biden who referred to him recently as "a high-tech terrorist" --- is quoted in the press release as saying: "No organisation anywhere in the world is a more devoted advocate of free speech than Wikileaks but when senior politicians and attention seeking media commentators call for specific individuals or groups of people to be killed they should be charged with incitement --- to murder."

"Those who call for an act of murder deserve as significant share of the guilt as those raising a gun to pull the trigger," he said.

After offering condolences and sympathies for those injured and killed in the shooting spree, the press release, posted in full below, details several violent suggestions, or "incitements to kill," as directed at Assange and WikiLeaks by a number of prominent media personalities and politicians...

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

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By Brad Friedman on 1/9/2011 4:52pm PT  

This flier was circulated in Dallas in the days before John F. Kennedy was assassinated...

Any of that look or sound familiar?

If not, and if you didn't see the Tucson Shooting coming months and months ago, then you are living in a world of complete and utter delusion.

[Update 1/11/11: Robert F. Kennedy Jr., responding to the Giffords shooting at Huffington Post, draws a similar allusion to the atmosphere in Dallas in the days prior to the murder of his uncle.]

If you, like pretend media critic Howard Kurtz, are finding rationalizations and excuses to justify what happened yesterday, dismissing it all as little more than the work of a "lone nutjob," you are similarly deluded and among the most dangerous of apologists.

You are also anything but "conservative," since the core of that ideology used to include personal responsibility. Taking none, unfortunately, seems to be the new hallmark of the no longer any more than name-only movement.

Remember what happened after this video-taped moment in September of 2009, when Nancy Pelosi called for "taking responsibility for our words" before tearing up while recalling the assassination of Harvey Milk in her own district in the 70's, and while decrying the scores of death threats and broken windows at offices of Democratic members of Congress after they'd voted in favor of Health Care Reform?...

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

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Contest offers a year-end reminder of the continuing need to reform our electoral system...
By Brad Friedman on 12/31/2010 5:29pm PT  

In a press conference held this afternoon in Juneau, Alaska's GOP nominee for the U.S. Senate, Joe Miller, finally conceded the election to write-in candidate and incumbent Republican Senator Lisa Murkowski. He has decided not to appeal his federal case as dismissed by a U.S. circuit court judge on Tuesday. See AP's coverage for more on today's announcement.

Having followed the failures of Alaska's Diebold election system for years, The BRAD BLOG followed the race between Miller, Murkowski and Democratic nominee Scott McAdams closely over the last several months, as it served to offer, yet again, another reminder of the importance of full transparency and citizen oversight in (small "d") democratic elections and the need to reconsider the use of electronic tabulation systems which ultimately leave all of us wondering if election results are accurate and if this nation can consider itself as having anything approaching the self-governance envisioned in our Constitution...

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

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[Now UPDATED with our analysis of the curious ruling]
By Brad Friedman on 12/28/2010 5:48pm PT  

After requiring Alaska's GOP U.S. Senate candidate Joe Miller to file his federal lawsuit by Monday (yesterday), the federal judge in the case has now dismissed it without even waiting for the reply from the state, which was ordered due by Wednesday (tomorrow).

From Anchorage Daily News as posted within the last hour...

A federal judge today dismissed Republican Joe Miller's federal lawsuit seeking to overturn the results of the Nov. 2 election, clearing the way for U.S. Sen. Lisa Murkowski to be officially declared the winner.

She's now scheduled to be sworn in for a new six-year term on Jan. 5.

U.S. District Judge Ralph Beistline issued a 14-page order this afternoon in which he said Miller wasn't raising any federal issues that he needed to resolve. He ordered Miller's entire federal case dismissed.

Beistline wrote that he would not second guess the Alaska Supreme Court, which already had ruled against Miller.
...
Miller said in a statement that he was disappointed by today's ruling and thought the U.S. Constitution's election clause presented a significant federal issue.

"Specifically, should the courts be required to follow the legislature's standard for the selection of U.S. Senators or create their own?" Miller said in a written statement. "My legal team believes that the clear language of the Election Clause as well as precedent support our claims. Thus, we are evaluating the ruling and determining what our next step should be."
...
The judge said state lawyers didn't need to respond to Miller's latest filings in federal court. But he also said Miller's technical arguments were not frivolous.
...
"What we have before us is a poorly drafted state statute," Beistline wrote. "Wisdom would suggest that the Alaska Legislature act to clarify it to avoid similar disputes in the future. For now we have to work with what we have and that is what the Alaska Supreme Court has done."

Last night we published our detailed analysis of Joe Miller's federal complaint, in which he pointed out Constitutional questions about the way in which the Diebold optical-scan system was used to tally votes. We also pointed out what might have been a fatal flaw in his complaint. Whether Miller will appeal Beistline's decision remains to be seen.

Beistline's 14-page dismissal is here [PDF].

* * *

UPDATE 8:22pm PT: A few thoughts after reading Beistline's dismissal...

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

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Contests 'vague voter intent' determinations, reliance on Diebold op-scan tallies on Constitutional grounds
But GOP candidate's decision to drop contest of Murkowski certification could prove fatal to overall case...
By Brad Friedman on 12/27/2010 6:53pm PT  

[Update 12/28/10: Federal judge dismisses Miller's complaint. Details now here...]

"We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future," Alaska's "Tea Party"-supported, Sarah Palin-endorsed GOP candidate for the U.S. Senate, Joe Miller said in a statement today calling for "fairness and transparency" in the election process, issued after filing an amended complaint in federal court. His statement concludes with the simple sentiment: "Election integrity is vital."

Miller has decided to press on in his election contest against the state's Lt. Governor Mead Treadwell and their Division of Elections (DoE), as overseen by Treadwell, by filing a Substitute Amended Complaint for Injunctive and Declaratory Relief in U.S. District Court in Alaska today. The filing comes after resounding losses in state court and --- if the state's hand-count of write-in ballots and the Diebold optical-scanner tallies of all the other ballots are to be believed --- to Republican write-in candidate Sen. Lisa Murkowski in November's general election for the U.S. Senate. As the unofficial state count now stands, Murkowski reportedly defeated Miller (and Democratic candidate Scott McAdams) by more than 10,000 votes.

In the statement (posted in full at end of this article) Miller explains that his team has decided to forgo challenging Murkowski's official certification as the winner, allowing her to be seated in the U.S. Senate on January 5th.

"The integrity of the election is vital and ultimately the rule of law must be our standard. Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month." he said, "This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue."

But Miller's decision to drop his challenge to Murkowski's seating may prove to be a fatal blow to his case --- at least if precedent set by Republicans in Congress some years ago, ironically enough, is any indication. But more on that below.

After winning the GOP nomination against Murkowski, and then reportedly losing to her unprecedented write-in bid in November, Miller originally filed his election contest in federal court in November. U.S. District Court Judge Ralph Beistline subsequently responded by sending the case down to state court for initial adjudication on relevant issues of state law. Late last month, Beistline temporarily halted state certification of the race until those issues were decided, and last week the state's Supreme Court rejected Miller's appeal, siding with the state, on all counts.

Beistline had given Miller until today to re-file his amended complaint in federal court. His filing now includes just three counts asserting violations of the U.S. Constitution's "Election Clause" and "Equal Protection Clause" as based on both the DoE's liberal interpretation of state law in counting write-in ballots, as well as the disparate weight the hand-count of those ballots was afforded, versus those tallied by Diebold optical-scanners in the case of "pre-printed" candidates...

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

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By Brad Friedman on 12/22/2010 8:56pm PT  

As largely expected, the Alaska Supreme Court has rejected GOP U.S. Senate candidate Joe Miller's contest against the Division of Elections, which has unofficially determined write-in candidate Sen. Lisa Murkowski bested both Miller and Democratic candidate Scott McAdams on November 2nd.

Via Sean Cockerham at Anchorage Daily News...

The Alaska Supreme Court today ruled against Joe Miller on all counts, a decision that leaves his challenge of Sen. Lisa Murkowski’s victory on life support.

“There are no remaining issues raised by Miller that prevent this election from being certified,” the Supreme Court declared in its unanimous ruling.

Murkowski leads Miller by more than 10,000 votes. Miller is quickly running out of options but he still has a chance to press his claim in federal court.

U.S. District Court Judge Ralph Beistline today gave Miller until Monday morning to argue the federal courts should take up any remaining constitutional issues.
...
Miller has indicated he might fight the election all the way to the U.S. Supreme Court. But his spokesman said today that Miller is weighing his next move.

See Cockerham's ADN article for more details on the high court's findings.

Here's Miller's original state complaint [PDF], his appeal to the AK Supreme Court [PDF] and the AK Supremes' 24-page ruling [PDF] on it (which we haven't gotten to read in full yet, so we may update based on our review.)

And here's our detailed report from yesterday, describing the general issues at stake, and offering what seems to have been a pretty accurate preview of what the court appears to have decided today. The decision once again leaving thousands of paper ballots completely unexamined by human eyes, tallied only by oft-failed, easily-manipulated computer systems, just as NY's highest court did earlier this week in a race that was far closer than the Miller/Murkowski/McAdams race.

The fight to see paper ballots actually be counted --- as per Democracy's Gold Standard --- continues.

* * *
Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...

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In public, and hopefully on Election Night...
By Brad Friedman on 12/21/2010 7:45pm PT  

[Update 12/22/10: Alaska Supreme Court decides against Joe Miller on all counts. Details here...]

* * *

Having paper ballots is one thing. Seeing them actually be counted, unfortunately, continues to be quite another matter.

For those of you who may not understand why it's not enough to merely have hand-marked paper ballots that are tallied only by oft-failed, easily-manipulated computers --- even if those paper ballots could be counted by human beings "in the event there are questions about the results", as supporters of such systems like to say --- need look no further than the extraordinary finding on Monday from New York's highest court, its Court of Appeals.

And, for that matter, what is likely to happen in Alaska very soon, where Republican Joe Miller continues to wait for a similar decision from that state's Supreme Court in his fight for a hand-count of all paper ballots in his still-uncertified U.S. Senate race against Republican write-in candidate Lisa Murkowski and Democratic candidate Scott McAdams...

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

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Question of misspelled write-in ballots belongs in state court, says judge...
By Brad Friedman on 11/20/2010 7:54pm PT  

Via Huffington Post...

JUNEAU, Alaska — An Alaska federal judge ruled Friday that Republican Senate candidate Joe Miller's challenge to the counting of write-in ballots raises "serious" legal issues but is a matter for a state, not federal, court to decide.

Yet in deferring to an Alaska state court for a final decision, U.S. District Judge Ralph Beistline said he would grant a temporary injunction to halt official certification of the Nov. 2 election – an action Miller is seeking – so long as Miller takes his case to the state court by Monday. Miller told The Associated Press late Friday that he intended to do so.

Beistline's unusual action was intended to "ensure that these serious state law issues are resolved prior to certification of the election," the ruling said.

See HuffPo for more details on the ruling. Miller's campaign has issued a brief statement here.

And see The BRAD BLOG's detailed analysis from Wednesday explaining why, in our opinion, Miller would be wise to call for a full, transparent hand-count and reconciliation of all ballots cast in Alaska's U.S. Senate election.

Earlier this week AP called the election in favor of incumbent Republican write-in candidate Sen. Lisa Murkowski. But, as we described, there are a number of reasons --- including Alaska's recent history of impossible election results as reported by their flawed, oft-failed, easily-manipulated and non-transparent Diebold optical-scan system --- which suggest that Miller would be performing a service to the voters of Alaska and the rest of the country if he used his standing to insist on a full, public hand-count. By the way, Democratic candidate Scott McAdams would be performing a similar service if he used his standing to join Miller in that pursuit...

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A fully transparent reconciliation would well serve democracy, particularly given AK's dreadful election history...
By Brad Friedman on 11/17/2010 8:45pm PT  

- Brad Friedman, The BRAD BLOG

After a week of hand-counting paper write-in ballots in Alaska's three-way U.S. Senate race between incumbent Sen. Lisa Murkowski (who ran as an independent write-in candidate), Republican candidate Joe Miller and Democratic candidate Scott McAdams, the Associate Press called the race this afternoon for Murkowski.

Trailing by some 10,000 votes behind Murkowski, however, and with several lawsuits concerning the tabulation of ballots still pending, Miller is suggesting it's likely that his campaign will call for a "hand count" of all of the ballots cast in the race, not just those in contention during the counting of write-in ballots over the last week.

Given Alaska's years-long record of often-inexplicable election results, going back at least as far as the 2004 Presidential Election (and the first election as Senator for Murkowski who had previously been named by her father to replace him in the U.S. Senate when he became Governor in 2002); the repeated failure and insecurity of the state's Diebold election system; and the AK Division of Elections' truly remarkable history of blocking citizen oversight of election results --- much of which has been documented at The BRAD BLOG since late 2005 --- a thorough reconciliation of results by the Miller team would be both appropriate and helpful for all future elections in the state (and even for other states, where similar nearly-impossible-to-oversee optical-scan ballot systems are similarly used.)

We have no particular dog in this race, as our coverage of issues of Election Integrity is, as always, non-partisan. Our only concern is for the voters, that they get to vote if they wish, that their votes are counted accurately if they do, and that the counts are performed transparently so that all citizens can know that the results are, indeed, accurate.

To that end, though we haven't consulted directly with any of the campaigns in the Alaska race, we have been following the tabulation closely since Election Day two weeks ago, and have been speaking with a number of sources in the state who have, we're told, been sharing various thoughts we've offered with both the McAdams and Miller campaigns. The advise we've offered --- as we would to anyone who asked, including Murkowski's campaign --- appears to have been taken to heart by the Miller team, at least if one of their lawsuits, and a number of their public statements given over the last week are any indication.

As mentioned, Alaska's history of election results that seem to defy mathematical explanation, along with (understating the problem here) less than transparent processes and a failure to make recommended changes to their election system and procedures, leads to a case where a full, manual, reconciliation of all ballots cast and counted --- as called for by the Miller camp, or any other --- would provide a valuable service to the state and all of its voters...

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By Brad Friedman on 11/12/2010 2:01pm PT  

I'm prepping for tonight's Mike Malloy Show which I will be, once again, guest hosting this evening (9-Mid ET / 6-9p PT, with listen links and live chat right here at BradBlog.com later), but took a short break to chat with Shannyn Moore on Alaska's KUDO about the state of the state's elections right now as the Joe Miller and Lisa Murkowski campaign's duke it out in regard to counting (or not counting) write-in ballots from the U.S. Senate race.

As we discussed, there is, of course, every reason to be concerned about Alaska's horrible, error-prone Diebold system. Here's just one such reason that we discussed. As well, after Murkowski announced her write-in bid last August I wrote about how the race is likely to test the oft-failed system they use up there.

As predicted, the fight for oversight and reconciliation of the results is on right now, and the Miller camp has brought in one of the great Rightwing extremists, Floyd Brown (he of the Willie Horton ads, Obama "birtherism" and much more) to take the lead in the campaign's fight for oversight.

Where Brown is inappropriately suggesting "voter fraud" without evidence to back it up, he is exactly right in calling for the right for the campaign to be allowed to reconcile the poll rosters to determine if the lower-than-expected number of ballots so far tabulated are, indeed, accurate. To that, I'm more than happy to support his efforts or any other citizens who want to fight to try to ensure their elections are being counted accurately and transparently.

Shannyn and I discussed all of the above and more for about 30 mins or so. Here's that discussion:

Download MP3, or listen online below...

* * *

UPDATE 11/13/10: Jeanne "AKMuckraker" Devon has more on the developing sitch up there, all the strange bedfellows tucking themselves in, and this hilarious admission: "So, it is with a whiplash-addled heart that I commend…. (pauses for a shot of vodka)… that I say kudos to (mops brow)… that I agree with (deep breath)… Joe Miller."

UPDATE 11/17/10: Joe Miller now suggests his campaign may call for a complete 'hand count' of all ballots. A detailed analysis of Alaska's recent history of impossible election results and it's oft-failed Diebold tabulators suggest Miller would be performing a service to all voters with such a full, transparent reconciliation. Details now here...

* * *
Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...

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