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Latest Featured Reports | Saturday, May 23, 2015
Gov. Don Siegelman's Son on Father's Case; 'Bin Laden's Bookshelf': 'BradCast' 5/22/15
GUEST: Joseph Siegelman; Plus: Was al-Qaeda hoping to hack a US election?...
'Bin Laden's Bookshelf' Contained Classic Book on Hacking Computer Elections
Reading material said to have been on the al-Qaeda leader's shelf when he was killed may not be a surprise to BRAD BLOG readers...
GOP State Sen. on Nebraska's 'Veto Proof' Death Penalty Ban: 'BradCast' 5/21/15
Guest: State Sen. Al Davis (R); Plus: Siegelman appeal denied; Jeb still rewriting Iraq history; Goodbye, Dave; MORE...
'Green News Report' 5/21/15
  w/ Brad & Desi
Major oil spill off CA coast; New settlement in 2010 BP Gulf Oil Spill; Fossil fuels subsidized $5 TRILLION/year; PLUS: Obama to Coast Guard cadets: climate threatens NatSec...
Previous GNRs: 5/19/15 - 5/14/15 - Archives...
BREAKING: Appeals Court Denies Siegelman Retrial
AL's former Dem Governor's request denied. He remains in federal prison as Repubs who orchestrated 'political prosecution' (including 'wife-beating' Judge Mark Fuller) remain free...
Walker, Christie, GOP, FCC, Untethered From Reality: 'BradCast' 5/20/15
Facts and reality matter; Journalist turned media-activist Sue Wilson helps explain...
Rep. Hank Johnson (D-GA) on Obama's Executive Order to Demilitarize the Police: 'BradCast' 5/19/15
Plus: A spate of new voting laws, good and bad, around the country...
'Green News Report' 5/19/15
  w/ Brad & Desi
'The Paddle in Seattle' to stop Shell's Arctic drilling; Study finds new emmissions rules will save lives...so GOP blocking them; PLUS: Indigenous tribe nixes natural gas billions...
Previous GNRs: 5/14/15 - 5/12/15 - Archives...
Walker and GOP Turn First Amendment On Its Head
The FCC's blow to free speech rights you probably never heard about, and how, if Walker and Republicans have their way, it may soon get even worse...
People v. Shell in Seattle; Truth v. Iraq Lies on Fox:
'BradCast' 5/18/15
Guest: Seattle Councilman Mike O'Brien; Now Rubio trips over Iraq; TX shootout; Antarctica ice shelf disappearing; MORE...
The 'Br'er Rabbit Strategy' To Fend Off A Sanders-Led Democratic Revolution
Wall Street and the corporate MSM tell us they fear Bernie Sanders could 'pull Hillary to the left'. But is there more to their strategy?...
Sunday Toons: Off the Rails
From the TPP deal to tragedy in Philadelphia to the GOP 2016ers on Iraq to drilling in the Arctic and marriage equality in Texas, common sense continues to be derailed...
Learning From History
& GOP Rewriting Iraq's: 'BradCast' 5/15/15
Guest: Journalist Peter Dykstra, formerly of CNN, on how enviros should learn from the past; GOP 2016ers trying to rewrite Iraq...
Texas Republicans Hoping to Block Even More Legit Voters With New ID Scheme
New law, if adopted by state, would take already unconstitional Photo ID voting restrictions to new level...
NSA Spying & 'USA Freedom Act'; Dumb Jeb Still Between Iraq, Hard Place: 'BradCast' 5/14/15
Guest: Marcy Wheeler; Plus: Feingold's back! OH GOP still suppressing voters; 600th GNR...
'Green News Report' 5/14/15
  w/ Brad & Desi
OUR 600th EPISODE! -- Hours after Amtrak crash, GOP votes to cut Amtrak budget; FBI spied on Keystone XL protesters; PLUS: Hawaii to be 1st in nation to go 100% renewable...
Previous GNRs: 5/12/15 - 5/7/15 - Archives...
CIA Drugging of 9/11 Detainees? & Jeb Too Dumb to Run: 'BradCast' 5/13/15
VICE News' investigative reporter Jason Leopold on his new exclusive CIA documents; MORE...
Dems: 'No' to Obama on TPP
'BradCast' 5/12/15
Salon's David Dayen joins us to discuss Dems' refusal to go along with their President (for now); Plus: First election lawsuit of 2016; Jeb on Iraq, Allen West on 'Sharia Law'; MORE...
'Green News Report' 5/12/15
  w/ Brad & Desi
Fire & oil spill at NY nuke plant; Shell approved for Arctic drilling; More CA water cuts; GOP slashes NASA Earth research; PLUS: Solar-powered plane's most dangerous journey...
Previous GNRs: 5/7/15 - 5/5/15 - Archives...
NY Nuke Plant Fire, Oil Spill; NC's Mysteriously Vanishing Voter Registrations:
'BradCast' 5/11/15
Guests: Tyson Slocum of Public Citizen; 'DocDawg' of Daily Kos...
Bernie Who? 'Meet the Press' Ignores Sanders
Media watchdog documents NBC's Chuck Todd snubbing Sanders' entry into 2016 Presidential primary, while covering GOP also-rans dozens of times...
Sunday Toons: 'Loon Star State' and Beyond
It's getting crazy in Texas and in the GOP 2016 race and...oh...just pick a place...
Unverifiable Voting Machines (& How to Hack Them): 'BradCast' 5/8/15
Guest: Computer scientist Jeremy Epstein of Verified Voting on the decertification of 1/5 of Virginia's voting machines; MUCH MORE...
Broken Political Machines (& How to Fix Them): 'BradCast' 5/7/15
Guests: TX blogger Perry 'PDiddie' Dorrell on Rick Perry's felonies; Ernie Canning on Bernie Sanders and the 'democracy deficit'; & MORE...
'Green News Report' 5/7/15
Huge, political win for progressives in Alberta; New rules for oil 'bomb trains'; C02 emmissions milestone; PLUS: Elon Musk and Tesla revolutionize batteries...again...
Rep. Bob Inglis (R-SC) and the Conservative Case for Climate Action: 'BradCast' 5/6/15
Finally! A Republican on The BradCast! Plus: Fox 'News' v. RWers; Another oil train explosion in ND and more!...
Perry's Ace in the Hole in Felony Trial
The former TX Governor is preparing to run for President, even while facing felony charges. He doesn't seem worried. Maybe this is why...
Equal Justice for All?: 'BradCast' 5/5/15
Constitutional law expert and reporter Ian Millhiser on last week's oral hearings in the landmark marriage equality case at SCOTUS. Plus: 'BridgeGate'; Huckabee; more...
'Green News Report' 5/5/15
2016 GOP nomination race just doubled in size with Carson, Fiorina, Huckabee (deniers all) all jumping in; PLUS: The Pope's moral message on climate change...
'Free Speech' Versus 'Hate Speech': 'BradCast' 5/4/15
Brad and comedian Jimmy Dore continue debate they've had since 'Charlie Hebdo' following another 'Mohammed cartoon' shooting; Plus: FEC dysfunction & more...
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...


Guest: Constitutional law expert Ian Millhiser...
By Brad Friedman on 5/5/2015 4:56pm PT  

On today's BradCast we finally get the chance to catch up on at least one of the big items we missed last week while Baltimore was on fire: the landmark oral arguments at the U.S. Supreme Court in Obergefell v. Hodges, the case which is likely to result (finally!) in the whole big enchilada decision on marriage equality for all 50 states.

Constitutional law expert and reporter Ian Millhiser of Think Progress joins me to discuss the hearing, the history, the likely outcomes, who to watch, and what could happen thereafter.

Also, Huckabee joins the 2016 GOP nomination circus; Chris Christie begs for a subpoena in 'BridgeGate'; more on the Garland, TX 'anti-muslim' group shootings; and Desi Doyen joins us for the latest Green News Report with the climate positions of the three new candidates tossing their hats into the 2016 race...

Download MP3 or listen online below...

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While we'll be posting The BradCast here everyday, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 5/5/2015 9:42am PT  


 

IN TODAY'S RADIO REPORT: The race for the 2016 Republican Presidential nomination just doubled in size: Fox 'News' darling Ben Carson jumps in; former CEO Carly Fiorina jumps in; former Arkansas Governor Mike Huckabee jumps in --- climate change deniers all; PLUS: The Pope's moral message on climate change... 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): Elon Musk unveils fancy new Tesla battery — ’cause existing batteries “suck”; Scientists call for limits on non-stick and stain-resistant chemicals that can leach into foods; CA crops raised with oil-field water; Ominous signs for endangered Great Lakes blue butterfly; Heartland Institute's president denies they are deniers; GOP lawmakers slash NASA budget... PLUS: Climate change drives 'new era' in Arctic, say Norwegian scientists... and much, MUCH more! ...

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 4/23/2015 1:36pm PT  


 

IN TODAY'S RADIO REPORT: After years of denial, Oklahoma finally admits fracking causes earthquakes; Fines and accountability for oil spills, coal waste spills, and deadly natural gas explosions; PLUS: Environmentalists push back at new Trans Pacific Partnership trade deal... 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): Oklahoma Lawmakers Vote To Outlaw Fracking Bans As Earthquakes In The State Spike; Video: "Dear Future Generations: Sorry"; Common pesticides hurting health of wild bees; Congress passes bipartisan energy efficiency bill; TV meteorologists increasingly accept climate science; Bad news in lionfish invasion; After 30 years, EPA tightens air pollution standards; CEOs to world leaders: Get off your asses and fix climate change... PLUS: 'Pipelines Blow Up And People Die... and much, MUCH more! ...

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

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By Ernest A. Canning on 1/5/2015 7:05am PT  

- with Brad Friedman

[An earlier version of this article was originally published by Truthout...]

Both election integrity advocates and dissembling GOP proponents of Photo ID voting restrictions were taken by surprise in late 2013 when 7th Circuit Court Judge Richard A. Posner said, during an interview with HuffPo Live, that the landmark 2008 Supreme Court decision on the matter "would have been decided differently" if the Court had known then "about the abuse of voter identification laws."

That, in and of itself, was a remarkable turn of events. What was ultimately to come was even more so.

Crawford v. Marion County Election Board is the case which Republican proponents of strict Photo ID voting laws now (incorrectly and often disingenuously) cite as giving them carte blanche to enact similar laws in other states, irrespective of the extent to which photo ID laws serve to disenfranchise demographic groups --- minorities, students, the poor, women --- that all tend to vote for Democrats.

Posner is not just any judge. He is a renowned legal scholar and Reagan appointee to the federal bench, who has served on the U.S. 7th Circuit Court of Appeal since 1981. More importantly here, Posner was the author of the 7th Circuit's opinion in Crawford. In that case, Posner rejected an allegation that Indiana's polling place photo ID restriction was unconstitutional. That decision was affirmed at the time by the U.S. Supreme Court.

Posner, who is, as Yale Law Professor Fred Shapiro notes, the most cited jurist of the 20th Century, was not alone in his view in 2013 year that Crawford "would have been decided differently" if the Court knew then what it knows now.

Former Supreme Court Justice John Paul Stevens, the author of the plurality opinion in Crawford --- an opinion that was joined by Chief Justice Roberts and Justice Kennedy --- told the Wall Street Journal following Posner's remarks at the time, that he "always thought that [dissenting Justice] David Souter got the thing correct, but my own problem with the case was that I didn't think the record [before the Court in 2008] supported everything he said in his opinion." Souter would have struck down the Indiana law as unconstitutional because, as he argued at the time, it "threatens to impose nontrivial burdens" upon the right to vote.

Joined by four other 7th Circuit jurists last October, Posner penned an extraordinarily powerful and compelling dissent [PDF] in Wisconsin's photo ID voting case. The previously missing evidence is now in, as the judge meticulously detailed in the opinion. GOP claims that photo ID restrictions are needed to combat "voter fraud", he wrote, are "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud, if there is no actual danger of such fraud, and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens.

Posner's carefully crafted dissent does more than establish why the U.S. Supreme Court should ultimately sustain the District Court's finding that Wisconsin's photo ID law is both unconstitutional and a violation of the Voting Rights Act --- a finding later echoed by a federal District Court in Texas as well. Posner's dissent obliterates the factual premise that had served as a pillar upon which his, and subsequently the Supreme Court's, decisions in Crawford were based.

Polling place photo ID laws do not promote voter confidence in the integrity of elections, as Posner and the Crawford Supreme Court plurality had erroneously assumed. The assertion that they do was a "mistake" --- Posner's mistake! --- and he now admits as much, with the support of devastating new data from recent studies to back him up.

His powerful dissent amounts to more than just a response to the Wisconsin GOP's new Photo ID voting law. It is an elegant plea that the U.S. Supreme Court finally right a grievous wrong that he was personally responsible for. Posner presents an astonishing, air-tight case for ruling that all "strict Photo ID laws," which, as he demonstrates, have only been enacted in states sporting GOP-controlled legislatures, must now be struck-down as unconstitutional...

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

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Mind-boggling response to BRAD BLOG: 'No correction warranted'...
By Brad Friedman on 12/15/2014 2:19pm PT  

A few weeks ago, Francis Barry, whose bio identifies him as having "previously served as Director of Public Affairs and Chief Speechwriter for New York City Mayor Michael R. Bloomberg," had a piece published by Bloomberg View (the op-ed arm of the Bloomberg News outlet), portending to examine whether Photo ID voting laws had an adverse effect on turnout this year.

Specifically, as the very first paragraph of his piece explained, Barry claims to have been looking at whether "voter identification laws suppress turnout" since, as he opined in the same graf, "Liberals" argue "not all citizens have the type of ID that many states now require at the polls."

The piece, headlined "Quit Blaming Low Turnout on Voter ID", went out of its way to make the case that such laws had nothing to do with turnout this year, as some states with such laws even saw higher turnout than others without them. While one could attempt to make such an argument, in this case, unfortunately, Barry used extraordinarily deceptive data and moving goal posts in order to do so, as detailed in the emails (posted below) between me, him and one of his editors.

The main trick he employed was an apples to oranges comparison of turnout rates in "21 states that had a competitive gubernatorial or Senate race", where, he misleadingly claimed, "Fourteen of the 21 states had a voter ID requirement in place, while seven didn't".

But here's the thing. Barry deceptively swapped the type of very specific Photo ID laws cited in his first paragraph, with very non-restrictive ID laws that are in use without objection in many states.

When I explained all of this in detail to him and his editors via email (all posted below), the response I received back was, as I noted, "mind-boggling, to be frank"...

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

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By Brad Friedman on 11/7/2014 6:02am PT  

It's been happening for years now. On the day after elections like last Tuesday's, media figures begin navel gazing to figure out how pre-election polls, created by dozens of independent pollsters using dozens of different methodologies, could all find the same thing but turn out to be so wrong once the election results are in.

The presumption is that the results are always right, and if they don't match the pre-election polling, its the polling that must be wrong, as opposed to the election results.

On Wednesday morning, after Tuesday's mid-term election surprise in which Republicans reportedly won handily in race after race despite pre-election polls almost unanimously predicting much closer races or outright Democratic victories, FiveThirtyEight statistics guru Nate Silver declared "The Polls Were Skewed Toward Democrats".

His analysis of aggregated averages from dozens of different pollsters and polls this year found that the performance of Democrats was overestimated by approximately 4 percentage points in Senate races and 3.4 points in gubernatorial contests. Silver's assessment relies on a "simple average of all polls released in the final three weeks of the campaign," as compared to the (unofficial and almost entirely unverified) election results reported on Tuesday night. He doesn't suggest there was anything nefarious in the polling bias towards Dems this year, simply that the pollsters got it wrong for a number of speculative reasons.

Citing the fact that nearly all of the polls suggested Democrats would do much better than they ultimately did, when compared to the reported election results, Silver asserts it wasn't that the polls were more wrong that usual, per se, but that almost all of them were wrong in a way that appears to have overestimated Democratic performance on Election Day.

"This year's polls were not especially inaccurate," he explains. "Between gubernatorial and Senate races, the average poll missed the final result by an average of about 5 percentage points --- well in line with the recent average. The problem is that almost all of the misses were in the same direction."

Silver is much smarter than I when it comes to numbers; I'm happy to presume he has the basic math right. But he seems to have a blind spot in his presumption that the pre-election polls were wrong and the election results were right. That, despite the lack of verification of virtually any of the results from Tuesday night, despite myriad and widespread if almost completely ignored problems and failures at polls across the country that day, and despite systematic voter suppression and dirty tricks that almost certainly resulted in election results (verified or otherwise) that were skewed toward Republicans...

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

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Some poll workers reportedly attempting to enforce GOP voting restriction found unconstitutional by state Supreme Court...
By Brad Friedman on 11/4/2014 5:38pm PT  

Arkansas Times' Max Brantley reports tonight there are "Voter suppression reports from all over," including a "steady stream of complaints...from voters who say election officials around Arkansas demanded a photo ID before they could vote today."

"The law requires election officials to ask your identity --- name, age address. But they may NOT require a photo ID. That's unconstitutional," he writes.

In fact, the Arkansas GOP's Photo ID voting restriction law was struck down by the state Supreme Court after it was found in violation of the state constitution's right to vote provisions in October.

Brantley writes that, nonetheless, "reports come in that high-handed officials are requiring the photo ID and performing checks of driver licenses against voter books, which also is not allowed. This is not universal at all polls. Some have gotten the word"...

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

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Same voting systems fail year after year in the state; But officials have a terrible plan to deal with it...
By Brad Friedman on 10/31/2014 7:35am PT  

Via KATV in Little Rock, Arkansas...

The Pulaski County Election Commission has received a dozen reports claiming voting machines are changing people's votes. Three of the 12 reports came from North Little Rock voters who voted at Laman Library.

Bryan Poe, Pulaski County's Director of Elections, said the commission is asking voters to be extra cautious.

"We're not the only ones that have experienced something like this. I've heard reports from Lonoke County, Franklin County, and I have also heard reports from Maryland, Illinois, Tennessee and Texas," Poe said. "They would go to select one candidate and it would select a different candidate for them. That's generally an issue that occurs with the calibration of the machine."

It's also "generally an issue" that occurs in Arkansas...on voting systems made by ES&S...year after year after year, as The BRAD BLOG has reported, continuously, over the past decade and as we quickly summarize below.

Are this year's votes flipping from R to D in Arkansas? From D to R? The story doesn't say, and, frankly, we're delighted about that. Because it doesn't matter!

Over the past decade or more, reports of touch-screen votes flipping from D to R have been far more common across the country, but it can go the other way as well (and/or to and from third parties). The point is that even when these god-forsaken 100% unverifiable electronic voting systems work as designed, there is still no way to know that any vote ever cast on one of them during an election for any candidate or initiative on the ballot was ever recorded as per any voter's intent!

As to the Pulaski County Election Commission's reported "plan" for dealing with this problem as they move forward between now and Election Day, it's a disaster in the making...

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

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By Brad Friedman on 10/29/2014 8:50pm PT  

With the latest KPFK/Pacifica Radio fund drive behind us, it was great to be back on the air live today with The BradCast!

Just in time for Election Day next week, we got everybody up to date on all of the terrible SCOTUS rulings in regard to GOP voter suppression from over the past several weeks --- in OH, NC, WI and TX (and an important Photo ID ruling by the state Supreme Court in AR) --- for those who may have missed our coverage during the fund drive. Now it's up to the voters to try like hell not to be disenfranchised, particularly in TX, where it won't be easy this year.

Plus, our musical tribute to touch-screen vote-flipping now taking place all over the country --- yet again! And, the latest Green News Report with Desi Doyen as the future of climate change is on next Tuesday's ballot.

Enjoy!

Download MP3 or listen online below...

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You are the only one who pays us to continue our independent blog and broadcast coverage of election issues and other stuff that actually matters and is often covered nowhere else. If you haven't contributed in a while, or ever, please consider doing so below so we can keep going --- especially right now! Thank you!

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By Brad Friedman on 10/15/2014 11:15pm PT  

Well, KPFK/Pacifica Radio is still on fund drive this week, but there is just too much going on to not do a new BradCast for my network affiliate stations and for you.

So, instead of live from the KPFK studios this week, we are once again "live" from BRAD BLOG World News Headquarters once again for this week's show. (If you heard last week's episode/primal scream, you'll be happy to know that the news this week is considerably more encouraging!)

Having trouble keeping up with the very latest on all of the on again/off again GOP voter suppression laws across the country just over two weeks before Election Day? Me too! So, if you missed any of our roller coaster coverage here at the blog, on all the fine messes over the past week or so, I try to get you all caught up on what you need to know about the latest in the court battles over the unconstitutional Republican Photo ID voting restrictions in Wisconsin, Arkansas and Texas...and on the one devastating appellate court opinion that might ultimately kill them all once and for all.

Buckle up (and please feel free to drop something in the BRAD BLOG Tip Jar while you're listening!)...

Download MP3 or listen online below...

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Restrictive law, one of nation's strictest, approved by Republicans after veto by Dem Governor, struck down before mid-term election...
By Brad Friedman on 10/15/2014 3:16pm PT  

Good news for voting and democracy fans once again today...

LITTLE ROCK, Ark. (AP) --- Arkansas' highest court on Wednesday struck down a state law that requires voters to show photo identification before casting a ballot, ruling the requirement unconstitutional just days before early voting begins for the Nov. 4 election.

In a decision that could have major implications in the state's election, the state Supreme Court upheld a lower court ruling that determined the law unconstitutionally added a requirement for voting.

The high court noted that the Arkansas Constitution lists specific requirements to vote: that a person be a citizen of both the U.S. and Arkansas, be at least 18 years old, and be lawfully registered. Anything beyond that amounts to a new requirement and is therefore unconstitutional, the court ruled.

"These four qualifications set forth in our state's constitution simply do not include any proof-of-identity requirement," the ruling said.

AP didn't note as much, but the court's ruling was unanimous.

Michael Li of the Brennan Center's Democracy Program said in a statement following today's ruling, that it was "an important victory for the many lifelong Arkansas voters who would have been disenfranchised by one of the strictest photo ID laws in the country." He added: "Today's decision reaffirms that when it comes to voting, the Arkansas Constitution is steadfast in protecting voters."

Earlier this year a state judge declared the law "null and void" after finding in two separate court cases that it violated the state's strict protections of the right to vote. Several weeks later, the state Supreme Court nixed the judge's ruling, but failed to rule, at the time, on the state constitutionality of the law. Now they have.

The Photo ID voting restriction in Arkansas was passed in the state legislature after Republicans took over both chambers in 2013 for the first time since Reconstruction. The bill was vetoed by Democratic Gov. Mike Beebe, but the veto was subsequently overridden by the Republican legislature. As recently noted in a devastating opinion on the Photo ID law in WI (which is currently blocked by the U.S. Supreme Court) written by conservative icon Judge Richard Posner of the U.S. 7th Circuit Court of Appeals, other than in Arkansas, every single strict Photo ID restriction that has been passed over the last several years has been in states where Republicans control both chambers of the state legislature, as well as the Governor's mansion.

As we reported in April, the Arkansas law, Act 595 [PDF], went even further than most similar laws being enacted by Republicans around the country. It requires a photocopied ID to be included with absentee ballots, as well as when voting in person. Notably, however, it does not require strict Photo ID for absentee voters. When voting by absentee ballot, the law allowed, in addition to state-issued Photo ID, for the use of "a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter."

Those allowances would not have been granted to in-person voters under the GOP voting restriction, despite the fact that absentee ballot fraud is far more prevalent than the virtually non-existent cases of polling place impersonation.

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Judge Richard Posner: 'If the WI legislature says witches are a problem, shall WI courts be permitted to conduct witch trials?'...
By Brad Friedman on 10/11/2014 3:04pm PT  

[This article now cross-published by Salon...]

If you read just one top-to-bottom dismantling of every supposed premise in support of disenfranchising Photo ID voting restrictions laws in your lifetime, let it be this one [PDF]!

It is a dissent, released on Friday, written by Judge Richard Posner, the Reagan-appointed 7th Circuit Court of Appeals judge who was the one who approved the first such Photo ID law in the country (Indiana's) back in 2008, in the landmark Crawford v. Marion County case which went all the way to the Supreme Court, where Posner's ruling was affirmed.

If there was ever evidence that a jurist could change their mind upon review of additional subsequent evidence, this is it. If there was ever a concise and airtight case made against Photo ID laws and the threat they pose to our most basic right to vote, this is it. If there was ever a treatise revealing such laws for the blatantly partisan shell games that they are, this is it.

His dissent includes a devastating response to virtually every false and/or disingenuous rightwing argument/talking point ever put forth in support of Photo ID voting restrictions, describing them as "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government."

Posner is, by far, the most widely cited legal scholar of the 20th century, according to The Journal of Legal Studies. His opinions are closely read by the Supreme Court, where the battle over the legality and Constitutionality of Photo ID voting laws will almost certainly wind up at some point in the not too distant future. That's just one of the reasons why this opinion is so important.

This opinion, written on behalf of five judges on the 7th Circuit, thoroughly disabuses such notions such as: these laws are meant to deal with a phantom voter fraud concern ("Out of 146 million registered voters, this is a ratio of one case of voter fraud for every 14.6 million eligible voters"); that evidence shows them to be little more than baldly partisan attempts to keep Democratic voters from voting ("conservative states try to make it difficult for people who are outside the mainstream...to vote"); that rightwing partisan outfits like True the Vote, which support such laws, present "evidence" of impersonation fraud that is "downright goofy, if not paranoid"; and the notion that even though there is virtually zero fraud that could even possibly be deterred by Photo ID restrictions, the fact that the public thinks there is, is a lousy reason to disenfranchise voters since there is no evidence that such laws actually increase public confidence in elections and, as new studies now reveal, such laws have indeed served to suppress turnout in states where they have been enacted.

There is far too much in it to appropriately encapsulate here for now. Ya just really need to take some time to read it in full. But it was written, largely, in response to the Appellate Court ruling last week by rightwing Judge Frank Easterbrook which contained one embarrassing falsehood and error after another, including the canards about Photo ID being required to board airplanes, open bank accounts, buy beer and guns, etc. We took apart just that one paragraph of Easterbrook's ruling last week here, but Posner takes apart his colleague's entire, error-riddled mess of a ruling in this response.

Amongst my favorite passages (and there are so many), this one [emphasis added]...

The panel is not troubled by the absence of evidence. It deems the supposed beneficial effect of photo ID requirements on public confidence in the electoral system "'a legislative fact'-a proposition about the state of the world," and asserts that "on matters of legislative fact, courts accept the findings of legislatures and judges of the lower courts must accept findings by the Supreme Court." In so saying, the panel conjures up a fact-free cocoon in which to lodge the federal judiciary. As there is no evidence that voter impersonation fraud is a problem, how can the fact that a legislature says it's a problem turn it into one? If the Wisconsin legislature says witches are a problem, shall Wisconsin courts be permitted to conduct witch trials? If the Supreme Court once thought that requiring photo identification increases public confidence in elections, and experience and academic study since shows that the Court was mistaken, do we do a favor to the Court-do we increase public confidence in elections-by making the mistake a premise of our decision? Pressed to its logical extreme the panel's interpretation of and deference to legislative facts would require upholding a photo ID voter law even if it were uncontested that the law eliminated no fraud but did depress turnout significantly.

And this one...

There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud, if there is no actual danger of such fraud, and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens.

And remember, once again, this is written by Richard Posner, the conservative Republican icon of a federal appellate court judge --- the judge who wrote the opinion on behalf of the 7th Circuit Court of Appeals approving of the first such Photo ID law in the country in 2008, the very case that rightwingers from Texas to Wisconsin now cite over and over (almost always incorrectly) in support of similar such laws --- now, clearly admitting that he got the entire thing wrong.

One last point (for now): Our legal analyst Ernie Canning, who (along with me) will undoubtedly have much more to say on this dissent in upcoming days, suggests we award The BRAD BLOG's almost-never-anymore-bestowed Intellectually Honest Conservative Award to Judge Posner. And so it shall be.

Now go read Posner's dissent...

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By Brad Friedman on 10/9/2014 6:05am PT  

KPFK/Pacifica Radio is on fund drive of late, but with all the breaking election news this week, I couldn't stand to not do a fresh BradCast for my syndicated network affiliates who deserve better than a "Best Of" on a week like this one, as Election Day draws near.

So, since it appears this year's election is likely to be decided in the courts, before we even get to Election Day, here's our non-KPFK "Special Election Coverage Edition" for the affiliates and for you, as produced here at The BRAD BLOG World News Headquarters, rather than at the radio station as it is usually done.

No guests, no callers, just me, lots of information and rants, and an occasionally thought or question from my producer Desi Doyen. Given all of that, and the news this week and last (particularly from SCOTUS), the result may be somewhere between a radio broadcast and a primal scream. But many of my shows seem to amount to that these days.

We covered, among other things, the new GAO report confirming Photo ID voting restrictions depress turnout of African-American and younger voters; SCOTUS overturning appellate courts to allow GOP voter suppression laws in NC and in OH, with a decision on WI's voter suppression law not far behind (thanks to the federal judge who lied about it); Federal court striking down VA's gerrymandered Congressional map (for now); the GOP Attorney General candidate in AR caught committing voter fraud and, a lot of unusually good (and very welcome!) news in our latest Green News Report!

Buckle up, and enjoy! (And please consider donating below to our efforts! Your help is very much needed right now!)

Download MP3 or listen online below...

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Case is larger than Wisconsin, presenting a moment of truth for American democracy and at least two Justices on the high court...
By Ernest A. Canning on 10/2/2014 6:06pm PT  

On Thursday morning, the ACLU filed an Emergency Application to Vacate [PDF] with the U.S. Supreme Court to vacate a Sept. 14, 2014 stay of a U.S. District Court ruling that had, before the stay, permanently blocked enforcement of a Republican-enacted, Wisconsin photo ID voting law.

The civil rights organization argues that the emergency ruling is needed to prevent mass disenfranchisement and electoral chaos during the upcoming Nov. 4 election. It asks that the Court "leave that injunction in force pending the Seventh Circuit's issuance of a decision on the merits."

As the District Court judge had found, before his decision was overturned by a partisan ruling at the Appellate Court level, Wisconsin's attempted restriction on the voting rights of legally registered voters poses a real and present danger that some 10% of the Badger State's duly registered electorate will likely be prevented from voting in the rapidly approaching November 4 election.

The District Court's injunction had been stayed as a result of a deadlocked court, in which five bipartisan members of the ten-judge U.S. 7th Circuit Court of Appeal described in a Sept. 29 Opinion [PDF] as a "brazen" and "shocking" disregard of both precedent and the right of the minority to vote. That "shocking" position had been advanced by the attorneys representing Republican Gov. Scott Walker and first accepted by an all-GOP, three-judge panel that had issued an extraordinary, 11th hour decision to vacate the lower court's injunction.

The case now poses an enormous test for at least two key Justices on the high court. Will Chief Justice John Roberts and Justice Anthony Kennedy adhere to the very principles they signed on to when they joined the plurality opinion authored by former Justice John Paul Stevens in the landmark 2008 SCOTUS decision in Crawford v. Marion County Board of Elections? That case upheld Indiana's Photo ID law against a "facial" challenge solely because, in the words of the plurality opinion, there was no evidence before the court at the time to prove anyone would be disenfranchised or that their right to vote would be unduly burdened by the law.

In signing onto Steven's lead opinion, both Roberts and Kennedy agreed that election laws, including photo ID voting restrictions, are subject to the Anderson/Burdick test. That test mandates that courts, on a case-by-case basis, measure a law's potential damage to voters' right to vote against the specific claims made by the state as to why such additional burdens and restrictions are necessary. Given that the state has offered no legitimate reason for potentially disenfranchising as much as 10% of Wisconsin's lawfully registered voters, Roberts and Kennedy cannot refuse to lift the stay without a total abandonment of principle...

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

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WARNING: Amount of irony in this story may lead to head explosion...
By Brad Friedman on 10/1/2014 5:03pm PT  

[This article now cross-published by Salon...]

UC Irvine law professor Rick Hasen says this development, which he describes as coming from the "Irony Dept", is just "too delicious".

Leslie Rutledge, the Republican candidate for Attorney General in Arkansas, has been discovered to have been registered to vote in multiple states in addition to Arkansas, and even voted by absentee ballot in Arkansas' general election in November of 2008 --- after she had registered to vote in Washington D.C. [PDF] in July of the same year.

According to the Arkansas Democrat-Gazette, Rutledge has now been removed from Arkansas' voting rolls by the Pulaski County Clerk, after he confirmed that she was registered to vote in D.C., and possibly Virginia. The removal from the rolls may also lead to her ineligibility to be elected to office.

Rutledge's Arkansas absentee ballot request form for the 2008 general election is here [PDF]. And, indeed, her subsequent voter registration form from Virginia is here [PDF].

"For the AG candidate of the party who likes to scream about voter fraud to be registered in two (or three) places at once is ironic and amusing on its own," writes Matt Campbell of Arkansas' "Blue Hog Report", which was on this story from the jump.

"However, the bigger implication is Article 19, section 3, of the Arkansas Constitution," he adds, which states: "No persons shall be elected to, or appointed to fill a vacancy in, any office who does not possess the qualifications of an elector." If Rutledge is not registered in Arkansas, she no longer "possess[es] the qualifications of an elector."

But, believe it or not, none of that is the actual ironic part that Hasen was referring to in his piece on this today. Yes, it gets even more ironic!...

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

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