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Latest Featured Reports | Friday, July 31, 2015
At Least Six Ways to Hack the 2016 Election: 'BradCast' 7/31/15
With computer security expert Michael Gregg; Plus: 'Paper of record' keeps digging; Gullible global warming trolls; MORE...
NYTimes Blows It Again: 'BradCast' 7/30/15
Eric Boehlert of Media Matters on the latest fiasco by the 'paper of record' (and how it always hurts Dems); Also: Medicare turns 50; Trump dominates GOP (loses to Dems)...
'Green News Report' 7/30/15
  w/ Brad & Desi
Portland activists blocking Arctic drilling; Wildfires explode across West, getting much worse around world; PLUS: The killing of Cecil the Lion ignites a firestorm of controversy...
Previous GNRs: 7/28/15 - 7/21/15 - Archives...
Michael Mann on 'Bombshell' New Report on Sea Level Rise: 'BradCast' 7/29/15
'Uncertainty, it turns out, was reason to act even faster,' says the Nobel Prize winning climate scientist...
Trump, 'Spousal Rape',
and His Horrible Attorney:
'BradCast' 7/28/15
Plus: Hacks, election debates, pipelines, spying, GOP approval ratings and much more...
'Green News Report' 7/28/15
  w/ Brad & Desi
Hillary goes big on solar; Jeb wants to eliminate ALL energy subsidies; PLUS: New study suggests worst case sea level rise may happen much sooner than previously thought...
Previous GNRs: 7/21/15 - 7/23/15 - Archives...
Hillary's Climate Plan & the Awful Truth About It: 'BradCast' 7/27/15
Journalist David Roberts of Vox.com; Plus: Bernie beats all GOPers; Trump continues to surge; MUCH MORE...
U.S. House Passes Bill to Block 'Right to Know' About GMOs
Despite recent scientific findings on dangers of GMOs, failure of existing governmental testing standards, Repubs lead fight to keep you in the dark about what's in your food...
Sunday Toons: Guns Trump All
Also in this week's collection from 'PDiddie': Sandra Bland, Donald Trump, Iran, Climate Science and Planned Parenthood...
High Times for Pot Biz; Plus: More Shootings, More Trump: 'BradCast' 7/24/15
Dan Riffle of the Marijuana Policy Project joins us to discuss some encouraging news. Also: The Lafayette theater shooting; Perry's felonies; and Trump cracks the code...
Kansas SoS Kobach Defrauding Voters; FBI Whistleblower Coleen Rowley on 'Terrorism': 'BradCast' 7/23/15
A big show. But even bigger when our guest is a TIME Mag Person of the Year!...
'Green News Report' 7/23/15
  w/ Brad & Desi
OH's Kasich jumps into 2016 GOP race - we decipher his climate position; Dem candidate links global warming to ISIS - Fox goes nuts; PLUS: Two CA Guvs slam climate deniers...
Previous GNRs: 7/21/15 - 7/16/15 - Archives...
The Woman Who Led the #BlackLivesMatter Protest Against Sanders & O'Malley in AZ: 'BradCast' 7/22/15
Tia Oso on why she did it and reaction from progressives. Plus: Hillary in trouble? MORE...
Who the Hell is John Kasich and Why is He Running for Prez?: 'BradCast' 7/21/15
Journalist John Michael Spinelli of Ohio's PlunderBund; Plus: Trump soars in polls!...
'Green News Report' 7/21/15
Extreme weather whips CA - bridges collapse and cars burn; June 2015 hottest on record; PLUS: Record warming in Pacific kicks hurricane season off to record start...
America's Top Psychological Org Colluded w/ Bush on Torture: 'BradCast' 7/20/15
Dr. Yosef Brody of Psychologists for Social Responsibility; Plus: Progressive protesters disrupt Sanders; Trump disrupts himself...
Sunday Toons: Plutocracy is Not a Planet
Plus: 'Jade Helm'; Cosby; Iran; Greece and the rest of last week's messes in cartoon form, as curated by 'PDiddie'...
Mother of All GOP Voter Suppression Laws on Trial in NC: 'BradCast' 7/17/15
Nation's Ari Berman, at the trial this week, joins us. Plus: More on Walker/WI corruption & Maine's dumb Guv!...
Walker Wins & Democracy Loses (Again. Big Time.): 'BradCast' 7/16/15
We don't use the phrase 'death of democracy' lightly. But there's good reason to today. Brendan Fischer explains today's outrageous ruling by WI's corrupt Supreme Court...
'Green News Report' 7/16/15
Graham chides fellow GOPers on climate; Cap & trade nets big bucks for states; Dirty coal on the way out in U.S.; PLUS: Boy band joins climate movement...
Iran, Trump Rising & Confederate Monument Worth Keeping?: 'BradCast' 7/15
We cover a lot of ground today, plus listener calls and more (including Brad wrestling w/ tech probs, which is always amusing -- for you!)...
Chart of the Moment: You v. Donor Class
Wondering why you can't have nice things? This is why...
Not a Dime's Worth of Difference? Really?: 'BradCast' 7/14/15
Iran nuke deal; Then Constitutional law expert Ian Millhiser on what really separates the two major parties...
'Green News Report' 7/14/15
Scott Walker's in! Here's his climate position; Warmest June ever for the Western U.S.; Exxon knew about global warming in 1981; PLUS: Latest denialist scam debunked...
Debunking New 'Mini Ice Age' Scam; Man Who Punked Scott Walker: 'BradCast' 7/13/15
Guests: Physicist Joe Romm; Ian 'David Koch' Murphy...
#FeelTheBern
Sanders is drawing crowds far larger than any other candidate, Dem or Repub, in the race for the 2016 Presidential nomination...
Stories Behind the Stories: On Confederate Flag, Trump, Marriage: 'BradCast' 7/10/15
Facts behind the headlines you may not have heard! Also: More on nation's dumbest Guv; Listener complaint...
Good Election & Campaign Finance News!: 'BradCast' 7/9/15
Prof. David Schultz on new rulings and how campaign finance can be reformed right now!; Plus: SC, Trump...
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...


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...

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

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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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TONIGHT: Former AL Gov. Don Siegelman; RNC Unwound; Big Voting Rights Victories; MORE!...
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 8/31/2012 3:12pm PT  

[Now UPDATED with audio archives below! Enjoy!]

Mike is off tonight, so we're back guest hosting the nationally-syndicated Mike Malloy Show once again.

As usual, we're BradCasting LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open, at the bottom of this item, a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (tell 'em you're in MN if asked!). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

* * *

POST-SHOW UPDATE: We had a very lively show, and one maddening interview with Gov. Siegelman. The commercial-free audio archives all now follow below (as well as the chat room archives.) Enjoy 'em over the holiday weekend on me!...

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Finds 'arbitrary' restrictions for all but military voters disproportionately harms low-income and minority voters
Decision continues recent spate of federal voting rights victories...
By Brad Friedman on 8/31/2012 1:16pm PT  

The recent spate of federal court victories in favor of voting rights across the nation continued today, as a U.S. District Court judge in Ohio sided with Democrats and the Obama campaign, finding that the removal of in-person Early Voting for all voters on the final three days before Election Day in the Buckeye State was an "arbitrary" decision made by the state's Republican lawmakers and Secretary of State.

The removal of in-person Early Voting in those last three days before the election --- when some 100,000 voters had cast their votes in the state during the 2008 Presidential Election --- for all but active-duty military voters, is likely to "irreparably harm" the voting rights of "low-income and minority voters [who] are disproportionately affected by the elimination of those voting days," according to the ruling by U.S. District Judge Peter Economus [PDF].

The ruling is another major win for Ohio voters, as the judge ruled in favor of the Democratic complaint seeking a temporary injunction on the state's new voting restrictions.

Through a convoluted series of legislative actions by Republican state lawmakers and rulings by Sec. of State John Husted, which we detailed earlier this month, Ohio had restricted Early Voting on the final weekend before the Tuesday election to all but active duty military voters. We also explained in that same article how the Romney campaign --- based on a false assertion initially posited by the Republican propaganda website Breitbart.com and subsequently forwarded loudly by Fox "News" --- argued dishonestly that the Obama campaign was attempting to "undermine" and restrict voting rights of the military, which the GOP nominee described on his Facebook page as an "outrage".

In fact, as the very first paragraph of the Obama complaint [PDF] made quite clear, the Democrats were not attempting to restrict the rights of military voters, but, in reality, suing to "restore in-person early voting for all Ohioans during the three days prior to Election Day," including for some 900,000 veterans in the state whose rights had similarly been removed by the Ohio Republicans.

Today, the Democrats' argument prevailed in federal court, as Economus found that "Plaintiffs have a constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis with all Ohio voters, including [active duty military] voters"...

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3-judge panel finds law discriminatory under Voting Rights Act, would 'disenfranchise minorities and the poor'...
By Brad Friedman on 8/30/2012 9:57am PT  

Following on the U.S. Dept. of Justice finding last March that the Republican-enacted polling place Photo ID restriction law in Texas was discriminatory, in violation of the U.S. Voting Rights Act (VRA), a three-judge U.S. District Court panel has again blocked the law from being implemented.

The decision by the federal panel, which included one judge appointed by George W. Bush, was unanimous.

Texas had appealed the DoJ decision earlier this year, seeking a declaratory judgment from the court, after the federal agency had found the state had not met its "burden of showing that a submitted change [to an election law] has neither a discriminatory purpose nor a discriminatory effect," under Section 5 of the VRA, which requires preclearance for new election laws in 16 different U.S. jurisdictions with a history of racial discrimination. The Lone Star State is one of those jurisdictions.

The DoJ had determined [PDF] that, based on the state's own statistics, the law would have disproportionately disenfranchised registered Hispanic voters in the state. They found that registered Hispanics are anywhere from 46% to 120% more likely than non-Hispanics to lack the type of state-issued Photo ID that would have now been required to vote under the new law.

The 56-page ruling by the U.S. District court panel in D.C. today [PDF] found that "the law will almost certainly have retrogressive effect" as "it imposes strict, unforgiving burdens on the poor, and racial minorities in Texas [who] are disproportionately likely to live in poverty."

"Crucially," the court added, "the Texas legislature defeated several amendments that could have made this a far closer case" when they ignored warnings that the law "as written, would disenfranchise minorities and the poor."

In Texas, as Democratic lawmakers had pointed out while the bill was being debated, some registered voters would have to travel as far as 250 miles round trip to receive their "free" ID from a state Dept. of Public Safety (DPS) driver's license facility, presuming they owned or were able to afford buy the underlying documentation required to obtain that "free" ID. The burden would be especially difficult for those without drivers licenses in the first place. Moreover, as the DoJ had previously found, "in 81 of the state’s 254 counties, there are no operational driver’s license offices," and many of them have limited hours of operation.

The court blasted both the Republican lawmakers and the attorneys who presented their case. "Everything Texas has submitted as affirmative evidence is unpersuasive, invalid, or both. Moreover, uncontested record evidence conclusively shows that the implicit costs of obtaining [Photo ID that would satisfy the new law] will fall most heavily on the poor and that a disproportionately high percentage of African Americans and Hispanics in Texas live in poverty. We therefore conclude that SB 14 is likely to lead to 'retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise.'"

This was the second stinging loss for Texas Republicans in one week. On Monday, their plan for Congressional Redistricting in the state, on the heels of four new seats gained after the 2010 Census, was also struck down by a three-judge federal panel for violations of the VRA...

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By Brad Friedman on 8/29/2012 1:48pm PT  

As we reported last September, the U.S. Dept. of Justice found that the state Republicans' Congressional redistricting map for Texas, as signed by Gov. Rick Perry, was in violation of the federal Voting Rights Act. The DoJ found that the new plan --- which added four Congressional seats in the state after an increase in population was found by the 2010 Census --- was purposefully discriminatory against minority voters.

The DoJ asserted that the plan "was adopted, at least in part, for the purpose of diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice to the Texas House of Representatives."

Texas appealed that ruling to a Federal District court which made its ruling yesterday. They agreed with the DoJ that the state was discriminating against it's own minority citizens, as Ari Berman reports at The Nation...

Today a three-judge federal court in Washington concurred with DOJ, writing that Texas’s redistricting plans were “enacted with discriminatory purpose” and did not deserve preclearance under Section 5 [of the federal Voting Rights Act.]

Here are the relevant facts of the case: Texas gained 4.3 million new residents from 2000–10. Nearly 90 percent of that growth came from minority citizens (65 percent Hispanic, 13 percent African-American, 10 percent Asian). As a result, Texas gained four new Congressional seats, from thirty-two to thirty-six. Yet under the Congressional redistricting map passed by Texas Republicans following the 2010 election, white Republicans were awarded three of the four new seats that resulted from Democratic-leaning minority population growth. The League of Women Voters called the plan “the most extreme example of racial gerrymandering among all the redistricting proposals passed by lawmakers so far this year.”

Berman has more details on the specific findings in the ruling, and notes that a lawsuit filed by civil rights groups late last year asserts that "even though Whites’ share of the population declined from 52 percent to 45 percent, they remain the majority in 70 percent of Congressional Districts." He also notes that the court found "Texas Republicans not only failed to grant new power to minority voters in the state, they also took away vital economic resources from minority Democratic members of Congress."

The state may now, and likely will, appeal the ruling to the U.S. Supreme Court. In the meantime, says Berman, "An interim map drawn by a federal court in San Antonio in February will be used for the 2012 election."

Earlier this year, the DoJ similarly rejected a new polling place Photo ID restriction law enacted by Republicans also in violation of the Voting Rights Act. Based on two differing sets of data supplied by the state, the DoJ found [PDF] that currently registered Hispanic voters were anywhere from 46.5% to 120% more likely than registered white voters to lack the type of state-issued Photo ID which would now be required to vote under the GOP's new law.

The state appealed that ruling as well to the same federal District Court panel in D.C. which heard the redistricting case. Their ruling on the Photo ID restriction law is expected very soon.

* * *

UPDATE 8/30/12: The federal court has similarly rejected the Texas Republicans' polling place Photo ID restriction law, finding it, like the Congressional Redistricting map, to be purposefully discriminatory against minorities. Full details on that ruling now here...

* * *
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By Brad Friedman on 8/29/2012 12:01pm PT  

The insults have been piling up all year, as the establishment GOP has been kicking its own to the curb in primary after primary, caucus after caucus, convention after convention.

From blatant attempts to steal the statewide caucuses in Maine to arrests at the St. Charles, Missouri caucus to a stolen county convention in Clarke County, GA , to arrests and broken bones at the state convention in Louisiana, to the theft of duly elected delegates from Massachusetts, and much much more, the national Republican Party has had one clear message for their members who did not wish to support the establishment's status quo selection for the 2012 nominee for President of the United States: "Fuck off!"

That message, and the push-back against it (for now) culminated finally in a short, but still-embarrassing-to-the-GOP mini-outburst on the floor of the Republican National Convention yesterday afternoon, after the RNC Rules Committee had approved new rules last week (to keep pesky party supporters of non-establishment-approved candidates from gaining any foothold in future election cycles) and after they'd barred most of Ron Paul's delegates from Maine from being seated.

Here is video of the raucus scene on the floor yesterday afternoon in Tampa as the Credentials Committee jammed through it's own establishment-approved slate of delegates and Paul supporters erupted in chants of "Seat them now!" and "Point of order!" against the backlash of "USA! USA! USA!" from Romney supporters...

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Freedom of political choice vs. slavery in post-'Citizens United' America...
By Ernest A. Canning on 8/27/2012 2:39pm PT  

Guest blogged by Ernest A. Canning

In a case where the employment of several members of the United Public Workers (UPW) was terminated after they failed to fully participate in unpaid, off-duty campaign activities on behalf of a union-supported Congressional candidate, three Republican members of the Federal Elections Commission produced an astounding Aug. 21 decision. They ruled that it is perfectly lawful for unions and corporations to compel their members and employees to engage in such activities, sans compensation, as part of "independent campaign efforts."

In their "Statement of Reasons" [PDF], the three GOP Commissioners explained the basis for their remarkable ruling.

They acknowledged that the Federal Election Campaign Act of 1971, 2 USC §441b(a), as well as FEC "regulations prohibit a labor organization [or a corporation] from facilitating the making of a contribution by means of 'coercion, such as the threat of a detrimental job action...to make a contribution or engage in fundraising activities on behalf of a candidate." But, they wrote: "These provisions do not apply to UPW's independent campaign efforts."

UPW's independent use of its paid workforce to campaign for a federal candidate post-Citizen's United was not contemplated by Congress and, consequently, is not prohibited by either the Act or Commission regulations.

The FEC's three Republican appointees thus presented not only a novel but a remarkable extension of Citizens United given that 2 USC §441b(c) makes it "unlawful" even for a corporation's or union's "segregated fund" to provide "anything of value" that is secured by a threat of financial reprisal. The statute mandates that employees must be told about their "right to refuse to so contribute without any reprisal."

In their separate "Statement of Reasons" [PDF], the three FEC Democrats, along with Office of General Counsel (OGC), found a clear-cut violation of Section 441b. "Nothing in Citizens United," the FEC Democrats opined, "suggests...that the Court intended to expand the rights of corporations and unions at the expense of their employees' longstanding rights to be free from coercion and to express or decline to express their political views."

According to the Congressional Research Service [PDF], at least four votes are required for the FEC "to exercise core functions." Thus, the 3-3 deadlock prevented the FEC from disciplining the union for anything beyond the fine for non-reporting of the "independent expenditure."

Setting aside the fact that the OGC's and FEC Democrats' interpretation appears to find direct support in the language of Section 441b of the U.S. Code, there's a fundamental constitutional issue that arises from the disturbing GOP interpretation of Citizens United which neither side addressed --- slavery!...

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Some restrictions may apply, however, even as expansion of voting rights is a welcome change of pace to GOP contraction
UPDATE: Bill passes, is on way to Governor's desk...
By Brad Friedman on 8/27/2012 6:35am PT  

Late last week, Scott Keyes at ThinkProgess reported on a "Majority Victory for Voting Rights Advocates as California Legislature Approves Election Day Registration".

The new EDR law, which is, as Keyes reports, "on the cusp of passing", is expected to be signed by Gov. Jerry Brown (D) and would, indeed, be a victory for voters in the Golden State.

According to the NYU's Brennan Center for Justice, "Election Day registration boosts turnout by approximately 5–7 points in those states that allow eligible citizens to register on Election Day --- with a decreased dependence on provisional ballots and without any reported increase in voter fraud."

If passed and signed as expected, however, the law --- a welcome expansion to the franchise amidst recent draconian Republican efforts to restrict voting rights --- would not take effect until 2015 or later, according to Dean Logan, the Registrar-Recorder/County Clerk for Los Angeles County, the largest voting jurisdiction in the nation.

"The bill's implementation is tied to completion of the Vote Cal statewide voter registration database; which is a ways off," he told The BRAD BLOG on Friday. Logan says he is "Generally...supportive of the bill and to expanding access and options for voters," though he notes that "L.A. County has not taken a formal position on it."

While the new law will, no doubt, be a net plus for voters here in California, and for the pro-democracy movement across the country over all, there are a few other issues with the way the law has been written which might make it slightly less of a plus for voters than apparent at first blush, as Logan helped us to understand...

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

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By Ernest A. Canning on 8/24/2012 12:24pm PT  

Guest blogged by Ernest A. Canning

Speaking to a crowd of supporters from the balcony of Ecuador's U.K. Embassy last Sunday, WikiLeaks founder, Julian Assange, demanded that the United States end its "war on whistleblowers" --- a war that, Assange said, not only threatens WikiLeaks but "the freedom of expression and the health of our societies." The U.S., he said, must choose between returning to the "revolutionary values" upon which it was founded, or "lurch off the precipice, dragging us all into a dangerous and oppressive world under which journalists fall silent under fear of prosecution."

Assange credited citizen activism for the fact that Britain did not carry out its unlawful threat last week to "storm" Ecuador's Embassy, stating:

If the UK did not throw away the Vienna Conventions the other night, it was because the world was watching. And the world was watching because you were watching.

So the next time somebody tells you it is pointless to defend those rights that we hold dear, remind them of your vigil in the dark before the Embassy of Ecuador. Remind them how, in the morning, the sun came up on a different world, and a courageous Latin American nation took a stand for justice.

Assange called upon the U.S. to "pledge, before the world, that it will not pursue journalists for shining a light on the secret crimes of the powerful."

"There must be no more foolish talk about prosecuting any media organization, be it WikiLeaks or be it the New York Times," he declared. "The U.S. Administration's war on whistleblowers must end."

The controversial Assange went on to call for the release of "one of the world's foremost political prisoners, Bradley Manning," noting that the former Army Intelligence Analyst had just "spent his 815th day of detention without trial. The legal maximum is 120 days."

Manning is the U.S. Army Private alleged to have released classified material to Assange's WikiLeaks. Legendary Pentagon Papers whistleblower Daniel Ellsberg, during a late 2010 interview with Brad Friedman, described Manning as a "patriot" for his release of the documents.

The full video of Assange's 8/19/12 statement from the balcony of London's Ecuadorian Embassy, where he has been granted asylum by the Latin American country, follows below...

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

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Voting rights advocates must stop saying 'Voter ID' when they mean disenfranchising 'polling place Photo ID restrictions'...
By Brad Friedman on 8/23/2012 11:40am PT  

Please get it straight: the concern is about "polling place Photo ID restrictions" not "Voter ID".

I've tried to warn progressives about this for years, to little avail, but discussing concerns about "Voter ID" is akin (pun intended?) to talking about "Legitimate Rape".

After all, everyone is against "legitimate rape"! But using that phrase, as most instinctively seem to understand, allows for the misleading subconscious notion idea that there is some other kind of rape that is less "legitimate".

In the same way, "Voter ID" is quite reasonable sounding --- after all, who could be against the reasonable sounding idea of identifying oneself before voting? --- but Republican-enacted polling place Photo ID restrictions are a different matter all together. Republicans know that very well, even if Democrats still can't seem to get it.

Both phrases, "Legitimate Rape" and "Voter ID", each reasonable sounding enough, miss the point and are tremendously misleading. Republican vote suppressors know that, so they love it when Democrats and progressives and voting rights advocates use the phrase "Voter ID" instead of "polling place Photo ID restrictions."

The fact is, the majority of states already require some form of reasonable identification of voters before voting, at least at the polling place. For that matter, federal law --- the Help America Vote Act (HAVA) of 2002 --- already requires "Voter ID" in all 50 states when voting for the first time at the polling place, if the voter did not register in person and present ID at that time...

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

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By Brad Friedman on 8/22/2012 8:08pm PT  

With the partisanship heating up in the battle for voting rights in Ohio again this year --- as Republican Sec. of State John Husted actually threatens to fire two Democratic Board of Election officials in Montgomery County for daring to vote in favor of expanded Early Voting hours --- it seemed a good time to check in with the former Sec. of State Jennifer Brunner (D).

All of this comes on the heels of the Obama Administration suing to restore Early Voting for all on the last three days before the election, which Republicans are now allowing only active duty military members in Ohio to do, and after previous rulings by Husted resulted in expanded Early Voting hours in Republican-leaning counties, and no expanded Early Voting hours in the largest Democratic-leaning counties.

Brunner (author of the forthcoming Cupcakes & Courage) joined me on today's BradCast on KPFK/Pacifica Radio here in Los Angeles and offered some inside skinny on what she did in 2008 to help correct the 2004 disasters that plagued the state during that year's Presidential election debacle under her horrible predecessor, J. Kenneth Blackwell (R) --- who also served as co-chair for the Bush/Cheney re-election campaign while serving as the state's chief election official --- and what now seems to be going on under her successor Husted, as he limits Early Voting hours across the entire state, despite the great success it has been up until now for voters there.

She explained the constitutional powers of the Ohio Sec. of State and told me she believes the attempt by Republicans to shorten weekend Early Voting hours --- which were allowed as recently as this year's primary elections in Ohio --- was "clearly aimed at 'Souls to the Polls'," the effort by African-American churches to encourage their congregations to get out and vote on the Sunday before the election.

The result of all of this right now, as the former Secretary of State understated it during our conversation: "A bit of a donnybrook in Ohio."

I asked for her response to the remark by Doug Preisse, Chair of the Franklin County Republican Party and a member of the county's Board of Elections when he said he felt "we shouldn't contort the voting process to accommodate the urban --- read African-American --- voter-turnout machine." She said she felt that that --- and his response to Democrats' charge that Republicans are trying to suppress the vote is "bullshit, quote me" --- was all "very unfortunate."

"We're already in a rancorous climate, starting from Congress and the Presidential election on down," she said. "Why stir up the pot and pit voters against each other? Enough of that was done in 2008. There was so much political capital spent in 2008 on whipping up these fake allegations of voter fraud and now four years later, people realize --- what were there, ten cases around the country since 2000? --- this is so unnecessary."

"The bottom line is," she continued, "voting is not a partisan issue. It should never be a partisan issue. Having control of the rules is not political booty. It really should be a place where everyone walks into that room, they drop their partisan cloak, they stand up, they act like grown-ups, and they say 'Let's do what's fair, because our future depends on it.'"

All of that, and more, follows in today's BradCast...

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

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Federal lawsuit to prevent mass disenfranchisement may be imminent...
By Ernest A. Canning on 8/22/2012 12:35pm PT  

Guest blogged by Ernest A. Canning

Pennsylvania has refused to turn over documents that the U.S. Department of Justice (DoJ) had sought in order to determine whether the state's new polling place Photo ID restriction law is in violation of Section 2 of the Voting Rights Act (VRA) and other federal laws.

As previously reported by The BRAD BLOG, on July 23, Assistant Attorney General Thomas E. Perez submitted a four-page letter [PDF] to Carol Aichele, the Acting Secretary of the Commonwealth of Pennsylvania (coincidentally, the wife of Gov. Tom Corbett's Chief of Staff), requesting information in electronic format for 16 broad categories of documents that the DoJ felt were needed to evaluate whether the Keystone State's Photo ID law complied with federal laws barring discriminatory election laws.

In an Aug. 17 letter [PDF], the Commonwealth's General Counsel, James D. Schultz, responded to Perez, by telling him that PA would not comply with what Schultz described as an "unprecedented attempt to compel [PA], a state not within the purview Section 5 of the VRA, to present information concerning compliance with Section 2 of the VRA."

Section 5 of the VRA requires some 16 different jurisdictions in the U.S., with a history of racial discrimination, to get pre-clearance for new election-related laws. Pennsylvania is not one of those jurisdictions. However, all 50 states are barred from instituting discriminatory laws under Section 2 of the act.

Schultz accused the DoJ of targeting "a growing number of states…simply because they instituted legislation designed to insure the integrity of the voting process"...

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

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