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Latest Featured Reports | Thursday, October 23, 2014
Justice Ginsburg Republishes TX Photo ID Law Dissent After BRAD BLOG Cites Error
Turns out U.S. Veterans' Affairs ID can be used to vote under new GOP voting restrictions in TX. Official SCOTUS opinion updated...
'Mercy', 'Rehabilitation' and 'Restorative Justice'
Sentencing of South Africa's Oscar Pistorius offers stark reminder of concepts that seem to have gone missing from the justice system in the U.S...
'Green News Report' 10/21/14
  w/ Brad & Desi
GOP candidates still dodging climate Qs; Mountaintop removal coal mining promotes lung cancer; 2014 on track as hottest year on record; PLUS: LEGO breaks up with Shell Oil...
Previous GNRs: 10/14/14 - 10/16/14 - Archives...
Everything Old is Texas Again
On the upside though, even if they successfully violate the Constitution by keeping some 600,000 legally registered, disproportionately minority voters from voting this year, they can save some money on signage...
Congresswoman Sets Impeachment Deadline for Federal 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
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?...
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': 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 law's unconstitutionality, judges cite SCOTUS rule on last minute voting changes...
'Green News Report' 10/14/14
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...
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...
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...


Judge ordered to review if GOP voting restriction can be lawfully implemented as written, and without disenfranchising voters; else it must be blocked
Dissenters: Ruling will 'allow chaos to beget chaos'...
By Brad Friedman on 9/18/2012 2:15pm PT  

The Pennsylvania Supreme Court, in a 4 to 2 decision this afternoon, has vacated a Commonwealth Court's earlier ruling, which had denied a temporary injunction on the state GOP's polling place Photo ID restriction law. Rather than issuing their own injunction, they have has sent the matter back to the lower court for review.

According to the high court's 7-page order [PDF] issued today, if the lower court finds that the state is unable to implement "liberal access" to the supposedly free Photo IDs to be issued by the state, as dictated by the General Assembly's requirements detailed in the statute itself, "or if the Commonwealth Court is not still convinced in its predictive judgment that there will be no voter disenfranchisement arising out of the Commonwealth’s implementation of a voter identification requirement for purposes of the upcoming election, that court is obliged to enter a preliminary injunction."

We'll try to unpack that for you in a moment. As well, there were two scathing dissents to today's ruling, both highly critical of the majority for not ending the ongoing "chaos" immediately, instead of remanding it for another round to the lower court. But, in general, and depending on how Commonwealth Court Judge Robert Simpson, a Republican, reviews the case as ordered, this is may be good news for voters in the Keystone State.

"It's certainly a very positive step in the right direction in that the court recognizes that the state does not make adequate provision for people to get the ID that they would need to vote," said David Gersch, the lead lawyer for the plaintiffs challenging the law's state constitutionality, according to CBS. "In addition, there is a practical problem with getting the ID to people in the short time available."

The case, Applewhite v. Commonwealth of Pennsylvania [PDF], was originally filed in May by the ACLU, the PA League of Women Voters, and other civil rights organizations on behalf of 92-year old Viviette Applewhite and 10 other petitioners who were facing potential disenfranchisement under the new law, along with hundreds of thousands of other legally registered and otherwise eligible voters in the state. Before the trial even began, the Commonwealth admitted that they were unaware of a single instance of polling place impersonation --- the only type of voter fraud that can possibly be deterred by their polling place Photo ID restrictions --- in the history of the state.

Last Thursday, during their hearing in Philadelphia, the PA Supremes indicated they had some skepticism about the law, as we detailed here. The court was reviewing an appeal by the plaintiffs filed last week after the Commonwealth Court had stunned many of those following the case, including the plaintiffs who had predicted a "slam-dunk" win, by upholding the law last month and refusing to grant a preliminary injunction in advance of the November Presidential election.

But now Judge Simpson will have another crack at deciding the case, as the high court has punted it back to him. This time, however, he has been ordered by the high court to issue a preliminary injunction on the law if he cannot determine that the state is able to meet two very specific conditions...

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

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They also hope voters have forgotten what actually happened during the Badger State's recent recall elections...
By Brad Friedman on 9/17/2012 2:06pm PT  

As we noted late last Friday, as the news was just breaking, a WI judge has overturned Republican Gov. Scott Walker's controversial anti-union law which had taken away most collective bargaining rights from most citizens who are employed as public workers in the state. In his ruling, Dane County Circuit Judge Juan Colas found the law to be in violation of both the state and U.S. Constitution and is, barring overturn by appeal at the state Supreme Court, now "null and void."

As is expected in such cases by now, rather than critiquing the ruling itself, Walker immediately attempted to smear the Dane County Judge who issued it as a "liberal activist judge." Nothing new there. When Republicans don't have their way in court, it's always due to "liberal activist judges," even when the courts are not quite activist enough for their tastes in other instances (see their fury after the U.S. Supreme Court refused to overturn "ObamaCare," for instance).

But there was another interesting response to the ruling from Walker and his fellow partisans following the ruling on Friday, which seems to suggest they haven't a clue about how the court system works, how the U.S. Constitution is supposed to work, or even how representative democracy works. Either that, or they simply don't care and feel it's just more important to continue scamming their gullible constituencies then it is to be honest about what actually happened on Friday.

Making matters worse though, not only are they wrong about matters of how democracy and the court system works, they are also wrong on their facts as well, even if they hope nobody will notice...

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

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(And what you can do to help counter it.)
By Brad Friedman on 9/16/2012 9:38pm PT  

I'm in this short video --- just out tonight from John Wellington Ennis, filmmaker of one of my favorite Election Integrity documentaries, Free For All: One Dude's Quest to Save Democracy and the forthcoming Pay to Play: Democracy’s High Stakes --- but don't let that keep you from watching it. It's very good and has a bunch of other folks in it who are really smart.

Ennis, who is also one of the founders of the very important Video the Vote project, has a way of making difficult ideas easy to understand and entertaining to watch. He does so again 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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State vows to appeal decision of 'liberal activist judge'...
By Brad Friedman on 9/14/2012 3:05pm PT  

Just breaking from AP:

MADISON, Wis. - A Wisconsin judge has struck down the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.

Dane County Circuit Judge Juan Colas ruled Friday that the law violates both the state and U.S. Constitution and is null and void. The ruling comes after a lawsuit brought by the Madison teachers union and a union for Milwaukee city employees.

Walker spokesman Cullen Werwie says he is confident the decision will be overturned on appeal.

It was not clear if the ruling means the law is immediately suspended. The law took away nearly all collective bargaining rights from most workers and has been in effect for more than a year.

* * *

UPDATE: In a series of tweets posted just moments after the verdict was announced by AP, Walker responds to the ruling:

The people of Wisconsin clearly spoke on June 5th. Now, they are ready to move on. Sadly a liberal activist judge in Dane County ... wants to go backwards and take away the lawmaking responsibilities of the legislature and the governor. ... We are confident that the state will ultimately prevail in the appeals process.

UPDATE 9/15/12: Much more now on the Judge Colas' ruling now from Milwaukee's Journal-Sentinel...

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By Brad Friedman on 9/13/2012 3:45pm PT  

Today, in a courtroom in Philadelphia, the Pennsylvania Supreme Court held a hearing to determine whether Republican Commonwealth Court Judge Robert Simpson was correct in his verdict [PDF] last month when he stunned plaintiffs by upholding the state GOP's polling place Photo ID restriction and refusing the ACLU/Advancement Project's motion for a temporary injunction before this November's Presidential Election.

The voting rights groups are challenging the law on behalf of eight, mostly elderly, plaintiffs plus the League of Women Voters of PA and the NAACP and other civil rights groups, as a violation of the state Constitution's guaranteed right to vote. Last week, The BRAD BLOG's Ernie Canning detailed their powerful appellant's brief, arguing that Simpson erred in his ruling.

The plaintiffs had originally predicted a "slam dunk" victory in the lower court case, given the remarkably poor presentation offered by the Commonwealth, and the myriad of evidence presented in their favor, showing that some 1.6 million otherwise eligible voters could be disenfranchised this November, in addition to the state's own admission before the trial began that the Commonwealth was unaware of any "investigations or prosecutions of in-person voter fraud in Pennsylvania" and that no "in-person voter fraud is likely to occur in November 2012 in the absence of the Photo ID law."

So today's hearing was key and, according to The Nation's Ari Berman, was played out before "a packed, standing room only courtroom."

While the state Supreme Court currently consists of three Democrats and three Republicans (the fourth Republican judge on the bench is currently suspended, pending a corruption investigation), a split verdict would mean the lower court's decision to allow the GOP's restriction on voting would stand.

But there were hints today that at least one Republican judge may be skeptical about the state's claims that nobody need be disenfranchised by the GOP-enacted law which would take effect, for the first time, in the November Presidential election, just 54 days from now...

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

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'If it could happen to me, it could happen to anybody'...
By Brad Friedman on 9/12/2012 8:47pm PT  

Yesterday, Alabama's former Democratic Governor Don Siegelman returned to federal prison to complete his 6 and a half year sentence on a bribery conviction for a transaction which has never before been considered "bribery" in the history of this nation.

The prosecution was brought about during the Bush Administration by close friends of Karl Rove and presided over by a Judge who served as his client. Despite a plea from 133 former state Attorneys General, both Republican and Democratic, detailing the political nature of the prosecution and the dangerous precedent set by charging "bribery" against someone who never received a penny of person enrichment, the Supreme Court declined to hear the case earlier this year, and Siegelman was forced to return to prison yesterday, ironically enough, on September 11th.

I interviewed Siegelman just over one week ago, as he and his daughter Dana were about to head to the Democratic National Convention in Charlotte, NC to raise support for a petition campaign for a Presidential pardon. I aired the maddening interview today on my KPFK/Pacifica Radio show.

Aside from the obvious horrific nature of this prosecution, it was instructive to hear, once again, about Siegelman's 2002 re-election which, he says, was stolen from him after he went to bed on Election Night having been named the winner, only to be awoken the next day and told that some 5,000 votes had been supposedly mis-allocated by the electronic tabulation system and re-allocated, in the middle of the night in one Republican county, without the public or media watching, from him to his opponent Bob Riley (whose campaign manager was both a close friend of Rove and the husband of the U.S. Attorney in Alabama.)

Siegelman was never allowed to count the paper ballots that were supposedly mistabulated by the electronic voting system. (Also, see my short video interview with Siegelman on this at the DNC in Denver in 2008, shortly after he was freed on bail during his appeal.)

After the interview with the former Governor, who was once believed to be Presidential timber before being taken down by Rove, I was joined live on the show by his daughter Dana. She updated us on her difficult day saying goodbye to her father yesterday when she and the rest of her family dropped him off at the federal facility in Oakdale, LA. She also discussed her pardon campaign at FreeDonSiegelman.org and her bizarre, chance meeting with Rove himself at last week's DNC, which she guest blogged about here at The BRAD BLOG earlier this week.

Today's BradCast also included coverage of the breaking events in the Middle East after attacks on two U.S. diplomatic missions and Mitt Romney's shameful missteps; the stunning new 9/11 revelations from Kurt Eichenwald on Monday night; and the latest Green News Report with Desi Doyen...

Download MP3 here or listen online below [appx 58 mins]...

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Questions raised about GOP nominee's fitness to serve
UPDATED: Obama says Romney 'shoots first, aims later'...
By Ernest A. Canning on 9/12/2012 1:05pm PT  

"It's disgraceful," Republican Presidential nominee Mitt Romney proclaimed, "that the Obama administration's first response was not to condemn attacks on our diplomatic missions, but to sympathize with those who waged the attacks."

Except, none of what Romney said was actually true.

While factual misrepresentation has proved to be a hallmark of the Romney/Ryan campaign (e.g. the lie that Obama stole $716 billion from Medicare to fund "Obamacare" or the bogus claim that the President's Ohio lawsuit, which sought to open Early Voting for all, was actually an effort to suppress the military vote), the effort to exploit a tragic assault that killed U.S. Ambassador Chris Stevens and three of his aides was seen by Robert Dreyfuss of The Nation as so despicable as to "disqualify" Romney as a candidate for our nation's highest office.

The statement which Romney seized upon was not made by the President or anyone on its staff, but from the Cairo Embassy. More importantly, Michael Tomasky of The Daily Beast observed, the Cairo Embassy statement was issued before either it or the U.S. Consulate in Benghazi was attacked.

For the same reasons expressed by General David Petraeus two years ago when he warned that a plan to commemorate 9/11 by burning Qurans would endanger U.S. troops in Afghanistan, the U.S. Embassy in Cairo had sought to prevent a violent reaction by condemning "the continuing efforts by misguided individuals to hurt the religious feelings of Muslims --- as we condemn efforts to offend believers of all religions."

Nonetheless, TPM's Benjy Sarlin notes that Romney shamelessly refused to back off his inaccurate critique of the President --- in the midst of a very live, ongoing crisis during which the whereabouts of a U.S. Ambassador remained unknown --- even when confronted by reporters about the chronology of events, because the Cairo Embassy apparently was not as swift as Romney felt they should have been in taking down their tweets in the wake of a violent assault on their Embassy and the one in Libya. Romney insisted the President was responsible for the Embassy's statement, which statement, the GOP Presidential candidate claimed, was "akin to [an] apology."

In truth, neither the President nor the Embassy "sympathized" with the attack or the attackers. To the contrary, the Cairo Embassy followed the attack with this tweet (emphasis added): "This morning's condemnation (issued before protest began) still stands. As does our condemnation of unjustified breach of the Embassy."

But the incident has turned out to be rather revealing about the GOP nominee's readiness to serve as President of the United States...

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

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Coordinated, wide-spread GOP voter suppression scams continue faster than we can cover them...
By Brad Friedman on 9/12/2012 11:23am PT  

There are so many terrible, voter-suppressing Secretaries of State at work this year, actively trying to undermine democracy in the U.S. on behalf of the Republican Party, it's been difficult to adequately cover them all. One who has largely managed to escape our wrath on these pages --- thanks to his horrible colleagues in places like Florida, Ohio and Pennsylvania keeping us so busy --- is Colorado's Sec. of State Scott Gessler.

Think Progress helps us to slightly make up for our failing today...

Colorado Secretary of State Scott Gessler (R) has decided not to pursue a voter purge he initiated by sending letters asking almost 4,000 voters to prove their citizenship. After 482 people responded with proof and almost 90 percent of the suspected non-citizens were verified through a federal database, Gessler planned to challenge 141 names still in question, but does not have enough time to handle the hearings before Election Day.

Instead, he is handing over the names to county clerks who may challenge them at the polls or when they receive absentee ballots. So far, one person has voluntarily come forward as a non-citizen in Larimer County. The county clerk explained:

It was a guy with a work visa. He didn’t even know he was registered to vote. Somehow we think it was a clerical mistake at the Department of Motor Vehicles when he got his driver’s license.

These remaining 141 people comprise .004 percent of Colorado voters.

Of course, we don't know how many, if any, of those 141 people, out of Colorado's 3.5 million registered voters [PDF] are actually non-citizens, but it's good to know that Gessler is spending time and state resources looking out for them by risking the removal of thousands of voters from the rolls to protect against the long-shot possibility that 141 of them may (but likely won't) cast illegal votes.

The story in CO is very similar to the one earlier this year in FL, where Gov. Rick Scott and Sec. of State Ken Detzner attempted an identical and similarly failed plan to remove so-called "non-citizen voters" from the rolls.

Meanwhile, Republicans in the state of Texas are also unhappy, because the Rule of Law keeps keeping them from disenfranchising voters through discriminatory Congressional redistricting maps and discriminatory polling place Photo ID restriction laws.

So maybe the old "dead voters on the rolls" gambit will work to keep some of those pesky voters from being able to cast their legal votes this year in Texas! Ya know, the same gambit that failed so spectacularly in South Carolina earlier this year when hundreds of supposedly "dead voters" had the temerity to, ya know, be alive.

Still, thousands upon thousands of registered voters die each and every year, in almost all 50 states, and very very few of them have the courtesy to call the County Clerk afterwards to inform them that they have died and should be removed from the voting rolls. But, no worries! Texas Republicans are on the case in the Lone Star State!...

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

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But perhaps he's one of the 'rogues', 'strumpets' or 'wandering Arabs' the Commonwealth Court Judge may have been concerned about when citing an 1869 case to uphold the new law...
By Brad Friedman on 9/11/2012 5:09pm PT  

CNBC's Mad Money host, Jim Cramer, tweeted the following earlier today...

Cramer's father, however, is hardly alone. Some 1.6 million otherwise eligible voters in the state of Pennsylvania --- many of them elderly, minorities, students and the poor --- may be unable to vote this November under the state's GOP-enacted polling place Photo ID restriction law, unless the absurd ruling of Commonwealth Judge Robert E. Simpson is overturned on appeal, or unless the U.S. Dept. of Justice finally decides to file a federal challenge that successfully blocks the state's completely unnecessary law as violation of the Voting Rights Act and the U.S. Constitution.

But Cramer's father can take heart. Scott Keyes at Think Progress reports: "A House Democratic Twitter account responded to Cramer with a promise that Rep. Jim [*Bob] Brady (D-PA), who represents part of Philadelphia, would "personally see to it that your dad gets the necessary ID and transportation to vote."

See? The new Republican law won't actually disenfranchise anybody! All you need to do is make sure you have a family member host a popular TV show, and your problem will be solved when a U.S. Congressman notices and promises to intervene. Democracy saved!

By the way, the ruling by the Commonwealth Court Judge who upheld the voter suppression law recently, may be even more absurd than originally believed or as detailed by The BRAD BLOG's legal analyst Ernie Canning upon appeal. As Nicole Flatow explains, the law that Judge Simpson relied on to support his ruling was an 1869 case, Patterson v. Barlow, in which the majority warned of "rogues", "strumpets" and "wandering Arabs" who, it was feared, might commit voter fraud in Philadelphia that year.

Even back then, as the dissenting opinion in the 143-year old case reveals, the minority Justices were concerned "that among the barriers so ingeniously contrived to prevent [voter fraud], the defeat of the duly qualified voters must inevitably occur."

The dissenters went on to offer advice that would be useful today to those concerned about actual voter fraud (versus the Republicans who instituted today's Photo ID restrictions, solely to keep largely Democratic-leaning voters from casting their legal vote at all):

If frauds were imminent by simulated voters, let penalties be provided for the rogues, and set honest and vigilant men to watch them, but let not the rights of honest voters be sacrificed to these apprehensions.

* * *

* CORRECTION: It appears that ThinkProgress' Scott Keyes misstated the first name of the PA Congressman who has promised to help Cramer's father get a Photo ID to vote. PA Election Integrity advocate Marybeth Kuznik of VotePA.us writes in with this correction: "The Democratic Rep in PA-1 (part of Philly) is Bob Brady. I guess he goes by Robert Brady officially, but everyone in the state calls him Bob. He's a very powerful Democratic Rep in PA (head of the Philadelphia Caucus in the PA Democratic State Committee) and, as you may know, is Minority Chair of the U.S. House Admin Committee, so he is a gatekeeper on anything regarding voting. There is no Jim Brady in the PA Delegation." We've corrected the Congressman's first name in the article above.

* * *
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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By Dana Siegelman on 9/10/2012 9:39am PT  

[EDITOR'S NOTE: Our guest blogger Dana Siegelman is the daughter of Don Siegelman, the former Democratic Gov. of Alabama. He is scheduled to report to federal prison on September 11 to serve the remaining 6 years of a prison sentence after being prosecuted and found guilty in 2006 by friends and colleagues of Karl Rove, on charges of bribery. The former Governor received no money, or anything of tangential value in the transaction, and no explicit quid pro quo was found in his trial. The supposed "bribe" was by a local hospital executive, Richard Scrushy, who donated $500,000 to a fund favored by Siegelman, and meant to support a state lottery that would send underprivileged children to college. In return, prosecutors charged, Siegelman appointed Scrushy to a state hospital board, even though he had already been appointed to serve on the same board under three previous Governors (two Republicans and a Democrat). Such a transaction has never before been considered a crime in this country.]

* * *

There was rumor of Karl Rove's presence echoing in the halls of the Time Warner Cable Arena at the Democratic National Convention in North Carolina on September 5th, 2012. For some reason, since he dared show up to the DNC, I immediately felt it was meant to be that I meet him in person.

I mean, here I am petitioning for a Presidential pardon to lift my father's 78 month prison sentence that came at the hands of many GOP operatives set on taking my dad --- a Democrat, and the only man to have served in every statewide office in Alabama --- out of politics.

One of those operatives even swore under oath, in front of Congress, that Rove played a key role in making sure the U.S. Department of Justice was on board to see my dad's political prosecution --- as CBS' 60 Minutes reported back in early 2008 --- through to the end.

As you may imagine, my heart was beating at the prospect of confronting Rove in person, if the opportunity arrived. He had refused to testify when he was subpoenaed by Congress, and while several journalists have asked him about it, he has dodged the questions by saying he only learned of the case by reading it in the news, or that he only met some of the prosecutors involved, but not the woman who claimed she actually spied on my dad at the direction of Rove. As ABC's George Stephanopoulos told Mr. Rove after asking him about the Siegelman case, "But that's not a denial." I agree!

The main players in my father's prosecution, U.S. Attorney Leura Canary, her husband Bill Canary (who ran my father's opponent's campaign), former Alabama Attorney General now 11th Circuit Federal Judge Bill Pryor, and Federal Judge Mark Fuller have all been connected to Rove.

Political prosecutions were prevalent during the Bush years. The federal judges he appointed to the bench were vetted by Rove, and Bush loyalists were hand-selected to serve as U.S. Attorneys. Studies have shown that prosecutions were brought against Democrats at a rate of seven-to-one over Republicans during the Bush regime. Many of those prosecutions were completely political, amounting to hundreds of ruined political careers and the imprisonment of innocent people, such as my father.

I didn't know what I was going to say to Rove when and if I met him, but I felt I should say...something. Ironically enough, I was standing in the middle of the hall at the Charlotte Arena, waiting to meet a young man to introduce to my father for possible media coverage. That man was also named Karl. I didn't know what this Karl looked liked, so I was looking around to make eye contact with someone that I was supposed to meet.

Then, I saw Rove walking directly toward me with his security...

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

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By Ernest A. Canning on 9/10/2012 6:35am PT  

Chalk up another blow to transparency and an informed electorate, and another judicial victory for the democratic perversion known as corporate "free speech."

Last week, in Minnesota Citizens for Life, Inc. v Swanson, six of the eleven jurists serving on the U.S. Eighth Circuit Court of Appeal struck down the provisions of a Minnesota statute requiring corporations which create separate political funds in excess of $100 to file periodic financial disclosure reports with the state.

The case had been filed by three corporations, all of which contended that the reporting requirements were so onerous as to amount to a de facto ban on corporate free speech that violated Citizens United vs. Federal Election Commission [PDF]. That argument had been rejected first by a U.S. District Court Judge and then by way of a 2-1 Eighth Circuit panel decision. The majority on that panel had noted that even Citizens United recognized the government's right to "regulate corporate political speech through disclaimer and disclosure requirements" so long as the government did "not suppress that speech altogether."

On rehearing before the full 8th Circuit, Chief Judge William C. Reilly, a George W. Bush appointee, writing for the six member majority, acknowledged that the Minnesota statute "does not prohibit corporate speech." The majority ruled, however, that that state statute entailed excessive regulation which included an "ongoing" reporting requirement on the part of the corporate political fund that continues unless or until the corporation dissolves the fund. Chief Judge Reilly described that burden as both "onerous" and "monstrous."

The five dissenting jurists, which also included George W. Bush appointees, vigorously disagreed...

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Republican Jon Husted rescinds Directive after being summoned to personally appear before judge...
By Brad Friedman on 9/7/2012 2:55pm PT  

Secretary of State Jon Husted (R) has apologized to a U.S. District Court judge who ruled against him last week, after the Secretary appeared to have tried to undermine the court's ruling, pending an appeal by the U.S. Sixth Circuit Court of Appeals. The apology came in a motion today, after Husted was ordered by the judge to personally appear for a hearing next week.

As we reported last Friday, U.S. District Judge Peter Economus ruled in favor of a lawsuit filed by the Obama campaign and the Democratic Party, finding that Ohio's restriction on Early Voting in the final three days before the election --- for all but active-duty military --- was a violation of the U.S. Constitution's Equal Protection Clause.

In his ruling [PDF], Economus ordered the Secretary of State to restore Early Voting "on the three days immediately preceding Election Day for all eligible voters," just as it had been successfully implemented during the 2008 election, as the previous Sec. of State Jennifer Brunner, a Democrat, described to us during a recent interview. At the same time, the judge had also instructed the Buckeye State's current Secretary to "direct all Ohio elections boards to maintain a specific, consistent schedule on those three days, in keeping with [Husted's] earlier directive that only by doing so can he ensure that Ohio's election process is 'uniform, accessible for all, fair, and secure.'"

In response, rather than issuing a directive with uniform hours for voting in those three days before the November Presidential election, Husted issued a Directive on Tuesday notifying the state's 88 county Boards of Election that they should not establish hours for voting in those days, as the state was filing an appeal in the case.

"Announcing new hours before the court case reaches final resolution will only serve to confuse voters and conflict with the standard of uniformity," Husted wrote in the Directive, adding, "I am confident there will be sufficient time after the conclusion of the appeal process to set uniform hours across the state."

This afternoon, after being summoned to court in response to that Directive, Husted rescinded it and the state filed a motion [PDF] apologizing for what was interpreted as him having attempted to place his own personal stay on Economus' order. "The Secretary apologizes to the federal district court for creating that misimpression and has rescinded [the] Directive," the state writes in the motion, which seeks an official stay on the ruling, pending the Sixth Circuit's expedited appeal...

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By Brad Friedman on 9/5/2012 4:10pm PT  

I'd say I was stunned to see a local TV news reporter --- any TV news reporter, frankly --- asking the President directly about his targeted assassinations of U.S. citizens, except that the reporter was Cincinnati Fox 19's Ben Swann.

Swann's reporting was key last February, in covering the Maine GOP's attempt to steal the state's caucuses for Mitt Romney, while largely everyone else in the corporate mainstream media had dutifully moved on to whatever the "next state" was at the time.

As Glenn Greenwald tweeted, here we find a "local anchor doing real journalism". Imagine that. Someone get this guy a network gig, please!

Here's his questions to President Obama last night on the U.S. drone strikes which targeted U.S. citizens Anwar al-Awlaki and his teenage son in Yemen, both without any form of due process...

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By his own admission, they argue, hundreds of thousands of legal voters may be disenfranchised by the GOP-enacted law...
By Ernest A. Canning on 9/4/2012 6:35am PT  

The petitioners challenging the Republican polling place Photo ID restriction law as a violation of the state Constitution in Pennsylvania, have filed their appeal to the state's Supreme Court, after being caught off-guard by a surprising and stinging defeat at the hands of a Republican Commonwealth Judge last month.

In their 68-page Pennsylvania Supreme Court brief [PDF], the petitioners in Applewhite vs. Commonwealth of Pennsylvania set forth a compelling legal case to demonstrate the need for a preliminary injunction in advance of the November 2012 President Election in order to prevent what they describe as the potential disenfranchisement of hundreds of thousands of lawfully registered voters.

The brief does much more than simply urge that Commonwealth Judge Robert E. Simpson, erred in applying the federal "minimum scrutiny" standard instead of subjecting Photo ID to "strict scrutiny" under state law because, they argue, it threatens to deprive hundreds of thousands of Keystone State citizens of a fundamental right to vote. The brief lays bare many of the GOP myths about the purpose of polling place Photo ID restrictions, while demonstrating why the GOP-enacted Pennsylvania law would not qualify as constitutional even under the less demanding test laid down by six of the U.S. Supreme Court's nine Justices in Crawford v. Marion County Board of Elections, their 2008 decision approving Indiana's version of a similar restriction on voting in that state...

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But stops short of a call to end 'corporate personhood'...
By Ernest A. Canning on 9/2/2012 6:42pm PT  
BETTER LATE THAN NEVER?
President Obama, during his surprise Reddit chat last Wednesday, jumps into the Citizens United fray.

"I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court doesn't revisit it)," President Barack Obama wrote last week during a surprise public Reddit chat.

"Consider mobilizing?" Groups like Move to Amend and Public Citizen initiated that mobilization shortly after the U.S. Supreme Court's radical-right quintet handed down that infamous decision in 2010. By July of this year, California had become the sixth state to call for a constitutional amendment to overturn Citizen's United.

"Assuming the Supreme Court doesn't revisit it?" The Court had an opportunity to revisit Citizens United earlier this year, or at least to limit its impact to federal elections. Instead, the same radical-right quintet expanded the reach of that democracy destroying decision by overturning a Montana Supreme Court decision which had sought to uphold a century old, state anti-corruption law.

While the President's remarks will no doubt be welcomed by the already-mobilized movement, one should not lose sight of the fact that they fall far short of an endorsement of either Vermont's proposed constitutional amendment or the measure introduced by Sen. Bernie Sanders (I-VT) in the U.S. Senate. Both efforts call for the end to "corporate personhood" and a determination that money does not equal free speech under the First Amendment.

If the President truly desires to spotlight what amounts to a hostile corporate takeover of our democracy, he will confront Mitt "corporations are people, my friend" Romney in the upcoming Presidential debates with an openly stated support for a constitutional amendment that, as the Sanders measure provides, establishes that the "rights protected by the Constitution...are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes." Indeed, that position could frame the issue for all candidates seeking public office in the 2012 election.

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